Contract & Proposal

City of El Mirage — Regular Meeting (2021-08-17)

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Contract No. EM21-ST03
Page 1 of 10

CITY OF EL MIRAGE
PROFESSIONAL SERVICES CONTRACT

THIS PROFESSIONAL SERVICES CONTRACT is made and entered into this 17th day of August
2021, by and between the City of El Mirage, an Arizona municipal corporation (“City”), and NFra, Inc.
an Arizona corporation (“Consultant”).

RECITALS

A. The City of El Mirage is authorized and empowered by provisions of the City Code to execute
contracts for professional services by and through its City Manager;

B. The City desires to contract for Consultant to provide professional engineering services for the
Cheryl Drive from El Mirage Road to 121st Avenue project (“Services”) as described in the
attached scope of work (Exhibit “A”) in accordance with the terms of this Contract;

C. Consultant is duly qualified to perform the requested Services.

AGREEMENT

NOW, THEREFORE, in consideration of the mutual promises and obligations set for herein, the parties
hereto agree as follows:

1.1
DESCRIPTION, ACCEPTANCE, DOCUMENTATION

Consultant shall act under the authority and approval of the Contract Administrator for the City to
provide the Services required by this Contract. The Contract Administrator for the City shall be
Jorge Gastelum, Community Development Director/City Engineer, or designee. The Contract
Administrator shall oversee the execution of this Contract, assist the Consultant in accessing the
organization, audit billings, and approve payments. The Consultant shall channel reports and
special requests through the Contract Administrator. City reserves the right to change the Contract
Administrator for the City without prior approval of the Consultant.

1.2
SERVICE DESCRIPTION

Consultant shall provide the Services described in Exhibit “A.” All work will be reviewed,
evaluated, approved, and monitored by the Contract Administrator to determine acceptable
completion. Review and approval by the Contract Administrator shall not relieve Consultant of any
liability for improper, negligent or inadequate services rendered pursuant to this Contract.
Consultant shall provide all work necessary to assure the Services are completed in a timely and
efficient manner consistent with service requirements, including, but not limited to, working in
close interaction with, and interfacing with, City and its designated employees, and working closely
with others, including other consultants or contractors retained by City.

Contract No. EM21-ST03

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1.3
DOCUMENTATION AND DATA

All documents, including but not limited to, data compilations, studies, and reports which are
prepared in the performance of this Contract are to be, and remain the property of, the City and are
to be delivered to the Contract Administrator before final payment is made to the Consultant.

2.1
FEE SCHEDULE, RECORDS, AUDIT RIGHTS

The fee Consultant shall be paid for all Services provided pursuant to the terms of this Contract,
inclusive of all expenses under this Contract, shall not exceed Forty Four Thousand Nine Hundred
and Twenty Four Dollars ($44,924.00).

The Contract Administrator reserves the exclusive right to determine the amount of work performed
and payment due the Consultant on a monthly basis. Consultant shall maintain all books, paper
documents, accounting records and other evidence pertaining to such monthly billings and shall
make such materials available at all reasonable times to the Contract Administrator. Monthly
billings shall be accompanied by such documentation as the Contract Administrator may require to
make a determination of work performed and payment due.

Consultant’s records (hard copy, as well as computer readable data) and any other supporting
evidence deemed necessary by the City to substantiate charges and claims related to this Contract
shall be open to inspection and subject to audit and/or reproduction by City’s authorized
representative to the extent necessary to adequately permit evaluation and verification of cost of
the work, and any invoices, change orders, payments or claims submitted by the Consultant or any
of its payees pursuant to the execution of the Contract. The City’s authorized representative shall
be afforded access, at reasonable times and places, to all of the Consultant’s records and personnel
pursuant to the provisions of this article throughout the term of this contract and for a period of
three years after last or final payment.

Consultant shall require all subconsultants, insurance agents, and material suppliers (payees) to
comply with the provisions of this article by insertion of the requirements hereof in a written
contract agreement between Consultant and payee. Such requirements will also apply to any and
all subconsultants.

If any audit in accordance with this article discloses overcharges of any nature by the Consultant
to the City in excess of one percent (1%) of the total contract billings, the actual cost of the City’s
audit shall be reimbursed to the City by the Consultant. Any adjustments and/or payments which
must be made as a result of any such audit or inspection of the Consultant’s invoices and/or records
shall be made within a reasonable amount of time (not to exceed 90 days) from presentation of
City’s findings to Consultant.

2.2
ADDITIONAL SERVICES; PRICE ADJUSTMENT

The total Scope of Work to be performed by Consultant in accordance with this Contract is set forth
herein and in Exhibit “A.” Services not included in this Contract, including Exhibit “A,” will be
considered Additional Services. Consultant shall not perform any Additional Services without
written authorization from the City. It shall be presumed that all Services performed/provided by
Consultant were included in the Contract and contemplated by Consultant as being part of the
original Scope of Work and the fees set forth herein, unless such Services have been separately
approved by the City, in writing, as Additional Services. Consultant shall not be paid for any
Additional Services that are not authorized by the City in writing.

Contract No. EM21-ST03

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2.3
OWNERSHIP

Upon receipt of payment for Services, Consultant grants to City, and shall cause its subconsultants
to grant to City, the exclusive ownership of any and all copyrights, if any, to evaluations, reports,
drawings, specifications, project manuals, surveys, estimates, reviews, minutes, and other
intellectual work product as may be applicable ("Work Product"). This grant is effective whether
the Work Product is on paper (e.g., a "hard copy"), in electronic format, or in some other form.
Consultant warrants, and agrees to indemnify, hold harmless and defend City for, from and against
any claim that any Work Product infringes on third-party proprietary interests. City may reuse the
Work Product at its sole discretion. In the event the Work Product is used for another project
without further consultations with Consultant, the City agrees to indemnify and hold Consultant
harmless from any claim arising out of the Work Product. In such case, City will also remove any
title block from the Work Product.

3.1
TERM AND EXTENSION

This Contract shall be in full force and effect only when approved and signed by City’s City
Manager as attested by the City Clerk. This Contract begins on the Effective Date. All work shall
be completed by February 28, 2022.

In the event the work cannot be completed within the time specified, the Contract Administrator
may approve a change order extending the time for completion of the work when Contract
Administrator determines it is in the best interest of the City for such period as the Contract
Administrator deems reasonable. A modification for a time extension for completion of the work
pursuant to this subparagraph shall not entitle Consultant to additional compensation.

3.2
TERMINATION

3.2.1
Termination for Cause

The City has the right to terminate this Contract for cause in the event Consultant materially
breaches any provision of this Contract or portion of the Services and fails to remedy the
breach within five (5) business days of notification of the breach, if the breach is remedial.
If Consultant fails to remedy the breach or if the breach is not remedial, City may terminate
this Contract for cause immediately upon written notice to Consultant. In the event the City
terminates this Contract or any part of the Services as herein provided pursuant to this
Section 3.2.1, the City shall notify the Consultant in writing, and immediately upon receipt
of such notice, the Consultant shall discontinue all work under this Contract.

Upon termination for cause, Consultant shall immediately deliver to the City all drawings,
research, data, studies, reports, estimates and any and all other documents or work product
generated by the Consultant under the Contract, together with all unused material supplied
by the City. Consultant shall be responsible only for such portion of the work which has
been completed and accepted by the City. Use of incomplete data by the City shall be the
City’s sole responsibility.

In the event of termination for cause, Consultant shall only be compensated a portion of
the agreed upon fee for such portion of the work that City agrees, in its sole discretion to
accept. City shall have no obligation to accept any portion of Consultant’s work if the
contract is terminated for cause, and shall have no obligation to pay Consultant for any
portion of the work, if any, not accepted by City.

Contract No. EM21-ST03

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If the Consultant materially fails to fulfill in a timely and proper manner its obligations
under this Contract, of if the Consultant violates any of the covenants, agreements, or
stipulations of this Contract, the City may withhold from payment due to the Consultant
such amounts as are necessary to protect the City’s position for the purpose of set-off until
such time as the exact amount of damages can be determined.

3.2.2. Termination for Convenience

The City has the right to terminate this Contract for convenience or to abandon any portion
of the work for which Services have not been performed by the Consultant. In the event
the City terminates this Contract or any part of the Services as herein provided pursuant to
this Section 3.2.2, the City shall notify the Consultant in writing, and immediately upon
receipt of such notice, the Consultant shall discontinue all work under this Contract.

Upon such termination for convenience or abandonment, the Consultant shall immediately
deliver to the City all drawings, research, data, studies, reports, estimates and any and all
other documents or work product generated by the Consultant under the Contract, together
with all unused material supplied by the City. Consultant shall be responsible only for such
portion of the work which has been completed and accepted by the City. Use of incomplete
data by the City shall be the City’s sole responsibility.

The Consultant shall receive as compensation in full for Services performed to the date of
such termination or abandonment, a fee for the percentage of Services actually completed
and accepted by the City. This fee shall be in an amount to be mutually agreed upon by the
Consultant and the City, based upon the scope of work set forth in Exhibit “A’ and the
payment schedule set forth in Article 2, hereof. If mutual agreement cannot be reached
after reasonable negotiation, the Contract Administrator shall determine the percentage of
satisfactory completion of each task set forth in the scope of work contained in Exhibit “A”
and the amount of compensation Consultant is entitled to for such work and the Contract
Administrator’s determination in this regard shall be final. The City shall make such final
payment within sixty (60) days after the Consultant has delivered the last of the partially
completed items.

3.3
FUNDS APPROPRIATION

If the City Council does not appropriate funds to continue this Contract and pay for charges
hereunder, the City may terminate this Contract at the end of the current fiscal period. The City
agrees to give written notice, pursuant to Section 3.2, Termination, of this Contract to the
Consultant at least thirty (30) days prior to the end of its current fiscal period and will pay to the
Consultant all approved charges incurred through the end of such period.

The City's fiscal year begins July 1st and ends June 30th each calendar year. The City may make
payment for Services rendered or costs encumbered only during a fiscal year and for a period of
sixty (60) days immediately following the close of the fiscal year, under the provisions of Arizona
Revised Statutes § 42-17108. Therefore, Consultant must submit billings for Services performed
or costs incurred prior to the close of a fiscal year within forty-five (45) days to allow payment
within this period.

Contract No. EM21-ST03

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4.1
ENTIRE AGREEMENT

This Contract constitutes the entire understanding of the parties and supersedes all previous
representations, written or oral, with respect to the Services specified herein. This Contract may
not be modified or amended except by a written document, signed by authorized representatives of
each party.

4.2
ARIZONA LAW

This Contract shall be governed and interpreted according to the laws of the State of Arizona. Any
action brought to interpret or enforce any provision of this Contract that cannot be administratively
resolved, or otherwise related to or arising from this Contract, shall be commenced and maintained
in the state or federal courts of the State of Arizona, Maricopa County, and each of the parties, to
the extent permitted by law, consents to jurisdiction and venue in such courts for such purposes.

4.3
COMPLIANCE WITH LAWS

Consultant shall comply with all existing and subsequently enacted federal, state and local laws,
ordinances, codes, and regulations that are, or become applicable to this Contract. If a subsequently
enacted law imposes substantial additional costs on Consultant, a request for an amendment may
be submitted pursuant to this Contract.

4.4
MODIFICATIONS

Any amendment, modification or variation from the terms of this Contract shall be in writing and
shall be effective only after approval of all parties signing the original Contract.

4.5
ASSIGNMENT

Services covered under this Contract shall not be assigned or sublet in whole or in part
without the prior written consent of the Finance Director and Contract Administrator.

4.6
SUCCESSORS AND ASSIGNS

This Contract shall extend to and be binding upon Consultant, its successors and assigns, including
any individual, company, partnership or other entity with or into which Consultant shall merge,
consolidate or be liquidated, or any person, corporation, partnership or other entity to which
Consultant shall sell its assets.

4.7
ATTORNEY’S FEES

In the event either party brings any action for any relief, declaratory or otherwise, arising out of
this Contract, or on account of any breach or default hereof, the prevailing party may be entitled to
receive from the other party reasonable attorneys’ fees and reasonable costs and expenses
determined by the court sitting without a jury or arbitration board, which shall be deemed to have
accrued on the commencement of such action and shall be enforceable whether or not such action
is prosecuted to judgment or by arbitration award.

4.8
INDEPENDENT CONTRACTOR

The Services Consultant provides under the terms of this Contract to the City are that of an

Contract No. EM21-ST03

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Independent Contractor, not an employee or agent of the City. The City will report the value paid
for these Services each year to the Internal Revenue Service (I.R.S.) using Form 1099.

City shall not withhold income tax as a deduction from contractual payments. As a result of this,
Consultant may be subject to I.R.S. provisions for payment of estimated income tax. Consultant is
responsible for consulting the local I.R.S. office for current information on estimated tax
requirements. Consultant will not be entitled to any benefits provided by City to its employees,
including, but not limited to, health benefits, workers’ compensation, unemployment coverage,
deferred compensation, and all other typical employee benefits.

4.9
CONFLICT OF INTEREST

The City may cancel any contract or agreement, without penalty or obligation, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf
of the City’s departments or agencies is, at any time while the contract or any extension of the
contract is in effect, an employee of any other party to the contract in any capacity or a consultant
to any other party to the Contract with respect to the subject matter of the Contract. The cancellation
will be effective when written notice from the City is received by all other parties to the Contract,
unless the notice specifies a later time (A.R.S. §38-511).

4.10
NOTICES

All notices or demands required to be given pursuant to the terms of this Contract shall be given
to the other party in writing, delivered by hand or registered or certified mail, at the addresses set
forth below, or to such other address as the parties may substitute by written notice given in the
manner prescribed in this paragraph.

In the case of Consultant:
NFra, Inc.

Attn: Randy Weyrauch, P.E.

77 East Thomas Road, Suite 200

Phoenix, AZ 85024

In the case of City

City of El Mirage

Attn: City Manager

10000 N. El Mirage Road

El Mirage, Arizona 85335

With a copy to:

City of El Mirage

Attn: City Attorney

10000 N. El Mirage Road

El Mirage, Arizona 85335

Notices shall be deemed received on date delivered, if delivered by hand, and on the delivery date
indicated on receipt if delivered by certified or registered mail.

4.11
FORCE MAJEURE

Neither party shall be responsible for delays or failures in performance resulting from acts beyond
their control. Such acts shall include, but not be limited to, acts of God, riots, acts of war, epidemics,
governmental regulations imposed after the fact, fire, communication line failures, power failures,
or earthquakes.

Contract No. EM21-ST03

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4.12
TAXES

Consultant shall be solely responsible for any and all tax obligations which may result out of the
Consultant’s performance of this Contract. The City shall have no obligation to pay any amounts
for taxes of any type incurred by the Consultant.

4.13
ADVERTISING AND PROMOTION

Consultant shall not publish, release, disclose or announce to any member of the public, press,
official body, or any other third party: (1) any information concerning this Contract, the Services,
or any part thereof; or (2) any documentation or the contents thereof, without the prior written
consent of the City, except as required by law or judicial or regulatory process. The name of any
site on which Services are performed shall not be used in any advertising or other promotional
context by Consultant without the prior written consent of the City.

4.14
COUNTERPARTS

This Contract may be executed in one or more counterparts, and each originally executed duplicate
counterpart of this Contract shall be deemed to possess the full force and effect of the original.

4.15
CAPTIONS

The captions used in this Contract are solely for the convenience of the parties, do not constitute a
part of this Contract and are not to be used to construe or interpret this Contract.

4.16
SUBCONSULTANTS

During the performance of the Contract, the Consultant may engage such additional subconsultants
as may be required for the timely completion of this Contract. The addition of any subconsultants
shall be subject to the prior approval of the City.

In the event of subcontracting, the sole responsibility for fulfillment of all terms and conditions of
this Contract rests with the Consultant.

4.17
INDEMNIFICATION

The Consultant agrees, to the fullest extent permitted by law, to indemnify and hold harmless the
City, its officers, directors and employees (collectively, City) against all damages, liabilities or
costs, including reasonable attorneys’ fees and defense costs, to the extent caused by the
Consultant’s negligent performance of professional services under this Contract and that of its
subcontractors or anyone for whom the Consultant is legally liable.

The City agrees, to the fullest extent permitted by law, to indemnify and hold harmless the
Consultant, its officers, directors, employees and subcontractors (collectively, Consultant) against
all damages, liabilities or costs, including reasonable attorney’s fees and defense costs, to the extent
caused by the City’s negligent acts in connection with the Services and the acts of its contractors,
subcontractors or consultants or anyone for whom the City is legally liable.

Neither the City nor the Consultant shall be obligated to indemnify the other party in any manner

Contract No. EM21-ST03

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whatsoever for the other party’s own negligence or for the negligence of others.

4.18
INSURANCE

The Consultant shall secure and maintain at all times that this Contract is in effect, insurance
coverage which shall include statutory workers’ compensation, comprehensive general and
automobile liability, owner’s and Consultant’s protective liability insurance and errors and
omissions professional liability. The comprehensive general and automobile liability limits shall
be no less than one million dollars ($1,000,000) combined single limit. The owner’s and
Consultant’s protective liability limits shall be no less than one million dollars ($1,000,000) for
each occurrence and one million dollars ($1,000,000) policy aggregate naming the City as an
additional insured. The minimum amounts of coverage for Consultant’s professional liability shall
be one million dollars ($1,000,000). In other than errors and omissions professional liability, City’s
and Consultant’s protective liability and worker’s compensation, the City of El Mirage shall be
named as an additional insured.

All insurance coverage shall be written through a carrier licensed in Arizona, or an approved non-
admitted list of carriers published by the Arizona Department of Insurance, and possessing an A.M.
Best rating of at least A- or above with policies and forms satisfactory to the City.

The Consultant shall submit to the City a certificate of insurance evidencing the coverage and limits
stated in the foregoing paragraph within ten (10) days of award of this Contract. City shall not issue
a “Notice to Proceed” until after Consultant has submitted the certificate of insurance to City.
Insurance evidenced by the certificate shall not expire or be canceled or materially changed without
thirty (30) days prior written notice to the City, and a statement to that effect must appear on the
face of the certificate and the certificate shall be signed by a person authorized to bind the insurer.

The insurance policies, except Workers’ Compensation required by this Contract, shall name the
City, its agents, representatives, officers, directors, officials and employees as Additional Insureds.

4.19
FEDERAL AND STATE EMPLOYMENT IMMIGRATION LAWS

To the extent applicable under A.R.S. § 41-4401, Consultant warrants its and its subconsultants’
compliance with all federal immigration laws and regulations that relate to their compliance with
the E-verify requirements under A.R.S. § 23-214(A). Consultant’s or its subconsultants’ breach of
the above-mentioned warranty shall be deemed a material breach of the Contract and may result in
the termination of the Contract by the City. The City retains the legal right to randomly inspect the
papers and records of Consultant and its subconsultants to ensure that the Consultant and its
subconsultants are complying with the above-mentioned warranty.

The Consultant warrants to keep the papers and records open for random inspection during normal
business hours by the City. The Consultant shall cooperate with the City’s random inspections
including granting the City entry rights to Consultant’s property to perform the random inspections
and waiving its right to keep such papers and records confidential. The failure of Consultant to
comply with this warranty regarding the keeping of papers and records and cooperating with City’s
random inspections shall constitute a material breach of the Contract and the City will have the
right to immediately terminate the Contract.

4.20
SEVERABILITY

If any term or provision of this Contract shall be found to be illegal or unenforceable, then

Contract No. EM21-ST03

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notwithstanding such illegality or unenforceability, this Contract shall remain in full force and
effect and such term or provision shall be deemed to be deleted.

CITY OF EL MIRAGE

CONSULTANT:

By: ______________________________
_______________________________

Print Name
By: J. Crystal Dyches
Its: City Manager

By: ______________________________

Signature

Its _______________________________

Title

ATTEST:

____________________________
Sharon Antes, City Clerk

APPROVED AS TO FORM:

___________________________

Justin Pierce, City Attorney

Randal Weyrauch
Vice President

Page 10 of 10
EXHIBIT “A”

NFra Inc. 77 East Thomas Road, Suite 200; Phoenix, Arizona 85012 • 602.277.0967 • Fax: 602.277.5937

a transportation engineering firm

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ACCEPTANCE STATEMENT AND AUTHORIZATION TO PROCEED
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ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR
ADDL SUBR
LTR
INSD WVD
PRODUCER
CONTACT
NAME:
FAX
PHONE
(A/C, No):
(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER
POLICY EFF
POLICY EXP
TYPE OF INSURANCE
LIMITS
(MM/DD/YYYY)
(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE
$
DAMAGE TO RENTED
CLAIMS-MADE
OCCUR
$
PREMISES (Ea occurrence)
MED EXP (Any one person)
$
PERSONAL & ADV INJURY
$
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$
PRO-
POLICY
LOC
PRODUCTS - COMP/OP AGG
JECT
OTHER:
$
COMBINED SINGLE LIMIT
$
(Ea accident)
ANY AUTO
BODILY INJURY (Per person)
$
OWNED
SCHEDULED
BODILY INJURY (Per accident)
$
AUTOS ONLY
AUTOS
HIRED
NON-OWNED
PROPERTY DAMAGE
$
AUTOS ONLY
AUTOS ONLY
(Per accident)
$
OCCUR
EACH OCCURRENCE
CLAIMS-MADE
AGGREGATE
$
DED
RETENTION $
PER
OTH-
STATUTE
ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMIT
DESCRIPTION OF OPERATIONS below
INSURER(S) AFFORDING COVERAGE
NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE
EXPIRATION
DATE
THEREOF,
NOTICE
WILL
BE
DELIVERED
IN
ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
CERTIFICATE HOLDER
CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
NFRAI-1
OP ID: TA
06/24/2021
Teresa Alvarado
Stuckey Ins & Assoc Agencies
2850 E Camelback Rd, Suite 325
Phoenix, AZ 85016
Mary Lodwick
602-264-5533
602-279-9336
teresa.alvarado@stuckeyinsurance.com
Hartford Casualty Insurance Co
Twin City Fire Ins Co
NFra Inc
77 E Thomas Rd. #200
Phoenix, AZ 85012
Travelers Casualty & Surety Co
A
X
2,000,000
X
X
59SBWBV6109
09/01/2020 09/01/2021
300,000
10,000
2,000,000
4,000,000
X
4,000,000
2,000,000
A
59SBWBV6109
09/01/2020 09/01/2021
X
X
X
X
1,000,000
B
59SBWBV6109
09/01/2020 09/01/2021
1,000,000
10000
X
X
B
59WECNQ7012
09/01/2020 09/01/2021
1,000,000
N
1,000,000
1,000,000
C
105336981
09/01/2020 09/01/2021 Per Claim
2,000,000
Aggregate
2,000,000
Professional Liability - Claims Made - Retro date Full prior acts
Re: EM21-ST03; Cheryl Drive Roadway Improvements
City of El Mirage is named as additional insureds as respects to general
liability.
CZELM-2
City of El Mirage
Attn: Bryce Christo
10000 N. El Mirage Road
El Mirage, AZ 85335
602-264-5533
29424
29459
19038
Professional Liab

QUICK REFERENCE
BUSINESS LIABILITY COVERAGE FORM
READ YOUR POLICY CAREFULLY
BUSINESS LIABILITY COVERAGE FORM
Beginning on Page
A.
COVERAGES
1
1
Business Liability
2
Medical Expenses
2
Coverage Extension - Supplementary Payments
B.
EXCLUSIONS
3
C.
WHO IS AN INSURED
10
D.
LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE
14
E.
LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS
15
1.
15
Bankruptcy
2.
15
Duties In The Event Of Occurrence, Offense, Claim Or Suit
3.
16
Financial Responsibility Laws
4.
16
Legal Action Against Us
5.
16
Separation Of Insureds
6.
16
Representations
7.
16
Other Insurance
8.
17
Transfer Of Rights Of Recovery Against Others To Us
F.
OPTIONAL ADDITIONAL INSURED COVERAGES
18
18
Additional Insureds
G.
LIABILITY AND MEDICAL EXPENSES DEFINITIONS
20
Form SS 00 08 04 05

ABCDEFGHIJ
BUSINESS LIABILITY COVERAGE FORM
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. The words
"we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance.
C
The word "insured" means any person or organization qualifying as such under Section . - Who Is An Insured.
G
Other words and phrases that appear in quotation marks have special meaning. Refer to Section
. - Liability And
Medical Expenses Definitions.
(a) The
"bodily
injury"
or
"property
A. COVERAGES
damage"
is
caused
by
an
1.
BUSINESS LIABILITY COVERAGE (BODILY
"occurrence" that takes place in the
INJURY, PROPERTY DAMAGE, PERSONAL
"coverage territory";
AND ADVERTISING INJURY)
(b) The
"bodily
injury"
or
"property
Insuring Agreement
damage" occurs during the policy
a.
We will pay those sums that the insured
period; and
becomes
legally
obligated
to
pay
as
(c) Prior to the policy period, no insured
damages
because
of
"bodily
injury",
1.
listed under Paragraph
of Section
"property
damage"
or
"personal
and
C. – Who Is An Insured and no
advertising injury" to which this insurance
"employee" authorized by you to give
applies. We will have the right and duty to
or receive notice of an "occurrence"
defend
the
insured
against
any
"suit"
or claim, knew that the "bodily injury"
seeking those damages.
However, we will
or "property damage" had occurred,
have no duty to defend the insured against
in whole or in part.
If such a listed
any
"suit"
seeking
damages for "bodily
insured
or
authorized
"employee"
injury", "property damage" or "personal and
knew, prior to the policy period, that
advertising injury" to which this insurance
the
"bodily
injury"
or
"property
does not apply.
damage"
occurred,
then
any
We may, at our discretion, investigate any
continuation, change or resumption
"occurrence" or offense and settle any claim
of such "bodily injury" or "property
or "suit" that may result. But:
damage" during or after the policy
period will be deemed to have been
(1)
The amount we will pay for damages is
known prior to the policy period.
D.
limited as described in Section
-
(2)
To
"personal and advertising
injury"
Liability And Medical Expenses Limits
caused by an offense arising out of your
Of Insurance; and
business, but only if the offense was
(2)
Our right and duty to defend ends when
committed in the "coverage territory"
we have used up the applicable limit of
during the policy period.
insurance in the payment of judgments,
c.
"Bodily injury" or "property damage" will be
settlements or medical expenses to which
deemed
to
have
been
known
to
have
this insurance applies.
occurred at the earliest time when any
No other obligation or liability to pay sums or
1.
insured listed under Paragraph
of Section
perform acts or services is covered unless
C. – Who Is An Insured or any "employee"
explicitly
provided
for
under
Coverage
authorized by you to give or receive notice
Extension - Supplementary Payments.
of an "occurrence" or claim:
b.
This insurance applies:
(1)
Reports all, or any part, of the "bodily
(1)
To
"bodily
injury"
and
"property
injury" or "property damage" to us or
damage" only if:
any other insurer;
Form SS 00 08 04 05
Page 1 of 24
© 2005, The Hartford

BUSINESS LIABILITY COVERAGE FORM
(2)
b.
Receives a written or verbal demand or
We will make these payments regardless of
claim for damages because of the "bodily
fault.
These payments will not exceed the
injury" or "property damage"; or
applicable limit of insurance.
We will pay
reasonable expenses for:
(3)
Becomes aware by any other means that
(1)
"bodily injury" or "property damage" has
First aid administered at the time of an
occurred or has begun to occur.
accident;
d.
(2)
Damages because of "bodily injury" include
Necessary medical, surgical, x-ray and
damages
claimed
by
any
person
or
dental
services,
including
prosthetic
organization for care, loss of services or
devices; and
death resulting at any time from the "bodily
(3)
Necessary
ambulance,
hospital,
injury".
professional
nursing
and
funeral
e.
Incidental Medical Malpractice
services.
(1)
"Bodily
injury"
arising
out
of
the
3.
COVERAGE EXTENSION -
rendering
of
or
failure
to
render
SUPPLEMENTARY PAYMENTS
professional health care services as a
a.
We will pay, with respect to any claim or
physician,
dentist,
nurse,
emergency
"suit" we investigate or settle, or any "suit"
medical technician or paramedic shall
against an insured we defend:
be
deemed
to
be
caused
by
an
(1)
All expenses we incur.
"occurrence", but only if:
(2)
Up to $1,000 for the cost of bail bonds
(a) The
physician,
dentist,
nurse,
required because of accidents or traffic
emergency medical technician or
law violations arising out of the use of
paramedic is employed by you to
any vehicle to which Business Liability
provide such services; and
Coverage for "bodily injury" applies. We
(b) You
are
not
engaged
in
the
do not have to furnish these bonds.
business or occupation of providing
(3)
The cost of appeal bonds or bonds to
such services.
release attachments, but only for bond
(2)
For the purpose of determining the
amounts within the applicable limit of
limits of insurance for incidental medical
insurance.
We do not have to furnish
malpractice,
any
act
or
omission
these bonds.
together
with
all
related
acts
or
(4)
All reasonable expenses incurred by the
omissions in the furnishing of these
insured at our request to assist us in the
services to any one person will be
investigation or defense of the claim or
considered one "occurrence".
"suit", including actual loss of earnings
2.
MEDICAL EXPENSES
up to $500 a day because of time off
Insuring Agreement
from work.
a.
We will pay medical expenses as described
(5)
All costs taxed against the insured in
below for "bodily
injury"
caused by an
the "suit".
accident:
(6)
Prejudgment interest awarded against
(1)
On premises you own or rent;
the insured on that part of the judgment
we pay. If we make an offer to pay the
(2)
On ways next to premises you own or
applicable limit of insurance, we will not
rent; or
pay any prejudgment interest based on
(3)
Because of your operations;
that period of time after the offer.
provided that:
(7)
All interest on the full amount of any
(1)
The
accident
takes
place
in
the
judgment that accrues after entry of the
"coverage
territory"
and
during
the
judgment and before we have paid,
policy period;
offered to pay, or deposited in court the
part of the judgment that is within the
(2)
The expenses are incurred and reported
applicable limit of insurance.
to us within three years of the date of
the accident; and
(1)
(7)
Any amounts paid under
through
above will not reduce the limits of insurance.
(3)
The
injured
person
submits
to
examination,
at
our
expense,
by
physicians of our choice as often as we
reasonably require.
Page 2 of 24
Form SS 00 08 04 05

BUSINESS LIABILITY COVERAGE FORM
b.
If we defend an insured against a "suit"
So long as the above conditions are met,
and an indemnitee of the insured is also
attorneys' fees incurred by us in the
named as a party to the "suit", we will
defense of that indemnitee, necessary
defend
that
indemnitee
if
all
of
the
litigation expenses incurred by us and
following conditions are met:
necessary litigation expenses incurred
by the indemnitee at our request will be
(1)
The
"suit"
against
the
indemnitee
paid as Supplementary Payments.
seeks damages for which the insured
has
assumed
the
liability
of
the
Notwithstanding
the
provisions
of
1.b.(b)
B.
indemnitee in a contract or agreement
Paragraph
of Section
–
that is an "insured contract";
Exclusions, such payments will not be
deemed to be damages for "bodily
(2)
This insurance applies to such liability
injury" and "property damage" and will
assumed by the insured;
not reduce the Limits of Insurance.
(3)
The obligation to defend, or the cost of
Our
obligation
to defend an
insured's
the defense of, that indemnitee, has
indemnitee and to pay for attorneys' fees
also been assumed by the insured in
and
necessary
litigation
expenses
as
the same "insured contract";
Supplementary Payments ends when:
(4)
The allegations in the "suit" and the
(1)
We have used up the applicable limit
information
we
know
about
the
of
insurance
in
the
payment
of
"occurrence" are such that no conflict
judgments or settlements; or
appears to exist between the interests
(2)
of the insured and the interest of the
The conditions set forth above, or the
indemnitee;
terms of the agreement described in
(6)
Paragraph
above, are no longer met.
(5)
The indemnitee and the insured ask
us to conduct and control the defense
B. EXCLUSIONS
of that indemnitee against such "suit"
1.
Applicable To Business Liability Coverage
and agree that we can assign the
This insurance does not apply to:
same counsel to defend the insured
and the indemnitee; and
a.
Expected Or Intended Injury
(6)
The indemnitee:
(1)
"Bodily injury" or "property damage"
expected
or
intended
from
the
(a) Agrees in writing to:
standpoint
of
the
insured.
This
(i)
Cooperate
with
us
in
the
exclusion does not apply to "bodily
investigation,
settlement
or
injury" or "property damage" resulting
defense of the "suit";
from the use of reasonable force to
(ii) Immediately send us copies of
protect persons or property; or
any
demands,
notices,
(2)
"Personal and advertising injury" arising
summonses or legal papers
out of an offense committed by, at the
received in connection with
direction of or with the consent or
the "suit";
acquiescence of the insured with the
(iii) Notify any other insurer whose
expectation of inflicting "personal and
coverage is available to the
advertising injury".
indemnitee; and
b.
Contractual Liability
(iv) Cooperate
with
us
with
(1)
"Bodily injury" or "property damage"; or
respect to coordinating other
(2)
"Personal and advertising injury"
applicable insurance available
to the indemnitee; and
for which the insured is obligated to pay
damages by reason of the assumption of
(b) Provides
us
with
written
liability in a contract or agreement.
authorization to:
This exclusion does not apply to liability
(i)
Obtain
records
and
other
for damages because of:
information
related
to
the
"suit"; and
(a) "Bodily injury", "property damage" or
"personal and advertising injury" that
(ii) Conduct
and
control
the
the
insured
would
have
in
the
defense of the indemnitee in
absence
of
the
contract
or
such "suit".
agreement; or
Form SS 00 08 04 05
Page 3 of 24

BUSINESS LIABILITY COVERAGE FORM
(b)
(b)
"Bodily injury" or "property damage"
Performing duties related to the
assumed in a contract or agreement
conduct of the insured’s business, or
that
is
an
"insured
contract",
(2)
The spouse, child, parent, brother or
provided
the
"bodily
injury"
or
sister
of
that
"employee"
as
a
"property
damage"
occurs
(1)
consequence of
above.
subsequent to the execution of the
This exclusion applies:
contract or agreement.
Solely for
(1)
Whether the insured may be liable as
the purpose of liability assumed in
an employer or in any other capacity;
an "insured contract", reasonable
and
attorneys'
fees
and
necessary
litigation expenses incurred by or for
(2)
To any obligation to share damages
a party other than an insured are
with or repay someone else who must
deemed to be damages because of
pay damages because of the injury.
"bodily injury" or "property damage"
This exclusion does not apply to liability
provided:
assumed by the insured under an "insured
(i)
Liability to such party for, or for
contract".
the cost of, that party’s defense
f.
Pollution
has also been assumed in the
(1)
"Bodily injury", "property damage" or
same "insured contract", and
"personal
and
advertising
injury"
(ii) Such
attorneys'
fees
and
arising out of the actual, alleged or
litigation
expenses
are
for
threatened
discharge,
dispersal,
defense of that party against a
seepage, migration, release or escape
civil
or
alternative
dispute
of "pollutants":
resolution proceeding in which
(a) At or from any premises, site or
damages
to
which
this
location which is or was at any
insurance applies are alleged.
time owned or occupied by, or
c.
Liquor Liability
rented or loaned to any insured.
"Bodily injury" or "property damage" for
However, this subparagraph does
which any insured may be held liable by
not apply to:
reason of:
(i)
"Bodily injury" if sustained within
(1)
Causing
or
contributing
to
the
a
building
and
caused
by
intoxication of any person;
smoke, fumes, vapor or soot
produced by or originating from
(2)
The furnishing of alcoholic beverages to
equipment that is used to heat,
a person under the legal drinking age or
cool or dehumidify the building,
under the influence of alcohol; or
or equipment that is used to
(3)
Any statute, ordinance or regulation
heat water for personal use, by
relating to the sale, gift, distribution or
the building's occupants or their
use of alcoholic beverages.
guests;
This exclusion applies only if you are in the
(ii) "Bodily
injury"
or
"property
business
of
manufacturing,
distributing,
damage" for which you may be
selling,
serving
or
furnishing
alcoholic
held
liable,
if
you
are
a
beverages.
contractor and the owner or
d.
Workers'
Compensation
And
Similar
lessee of such premises, site or
Laws
location has been added to your
Any obligation of the insured under a
policy as an additional insured
workers' compensation, disability benefits
with respect to your ongoing
or unemployment compensation law or
operations performed for that
any similar law.
additional
insured
at
that
premises, site or location and
e.
Employer’s Liability
such premises, site or location
"Bodily injury" to:
is not and never was owned or
(1)
An "employee" of the insured arising
occupied
by,
or
rented
or
out of and in the course of:
loaned to, any insured, other
(a) Employment by the insured; or
than that additional insured; or
Page 4 of 24
Form SS 00 08 04 05

BUSINESS LIABILITY COVERAGE FORM
(iii) "Bodily
injury"
or
"property
released
as
part
of
the
damage" arising out of heat,
operations
being
performed
smoke
or
fumes
from
a
by such insured, contractor or
"hostile fire";
subcontractor;
(b)
(ii)
At or from any premises, site or
"Bodily
injury"
or
"property
location which is or was at any
damage"
sustained
within
a
time used by or for any insured or
building
and caused by the
others for the handling, storage,
release
of
gases, fumes
or
disposal, processing or treatment
vapors from materials brought
of waste;
into that building in connection
with operations being performed
(c) Which are or were at any time
by you or on your behalf by a
transported,
handled,
stored,
contractor or subcontractor; or
treated, disposed of, or processed
(iii)
as waste by or for:
"Bodily
injury"
or
"property
damage" arising out of heat,
(i)
Any insured; or
smoke
or
fumes
from
a
(ii) Any person or organization for
"hostile fire"; or
whom
you
may
be
legally
(e) At or from any premises, site or
responsible;
location on which any insured or any
(d) At or from any premises, site or
contractors
or
subcontractors
location on which any insured or
working directly or indirectly on any
any contractors or subcontractors
insured’s
behalf
are
performing
working directly or indirectly on
operations if the operations are to
any
insured's
behalf
are
test for, monitor, clean up, remove,
performing
operations
if
the
contain, treat, detoxify or neutralize,
"pollutants" are brought on or to
or in any way respond to, or assess
the premises, site or location in
the effects of, "pollutants".
connection with such operations
(2)
Any loss, cost or expense arising out
by
such
insured,
contractor
or
of any:
subcontractor.
However,
this
(a)
subparagraph does not apply to:
Request, demand, order or statutory
or regulatory requirement that any
(i)
"Bodily
injury"
or
"property
insured or others test for, monitor,
damage"
arising
out of
the
clean up, remove, contain, treat,
escape of fuels, lubricants or
detoxify or neutralize, or in any way
other operating fluids which are
respond to, or assess the effects of,
needed to perform the normal
"pollutants"; or
electrical,
hydraulic
or
(b)
mechanical
functions
Claim or suit by or on behalf of a
necessary for the operation of
governmental
authority
for
"mobile equipment" or its parts,
damages because of testing for,
if such fuels, lubricants or other
monitoring, cleaning up, removing,
operating fluids escape from a
containing, treating, detoxifying or
vehicle part designed to hold,
neutralizing,
or
in
any
way
store or receive them.
This
responding to, or assessing the
exception does not apply if the
effects of, "pollutants".
"bodily
injury"
or
"property
However,
this
paragraph does
not
damage"
arises
out
of
the
apply to liability for damages because
intentional discharge, dispersal
of "property damage" that the insured
or
release
of
the
fuels,
would have in the absence of such
lubricants or other operating
request, demand, order or statutory or
fluids,
or
if
such
fuels,
regulatory requirement, or such claim
lubricants or other operating
or
"suit"
by
or
on
behalf
of
a
fluids are brought on or to the
governmental authority.
premises, site or location with
the
intent
that
they
be
discharged,
dispersed
or
Form SS 00 08 04 05
Page 5 of 24

BUSINESS LIABILITY COVERAGE FORM
g.
Aircraft, Auto Or Watercraft
(2)
The use of "mobile equipment" in, or
while in practice or preparation for, a
"Bodily injury" or "property damage" arising
prearranged
racing,
speed
or
out of the ownership, maintenance, use or
demolition contest or in any stunting
entrustment to others of any aircraft, "auto"
activity.
or watercraft owned or operated by or rented
i.
War
or loaned to any insured.
Use includes
operation and "loading or unloading".
"Bodily
injury",
"property
damage"
or
This exclusion applies even if the claims
"personal and advertising injury", however
against any insured allege negligence or
caused, arising, directly or indirectly, out of:
other wrongdoing in the supervision, hiring,
(1)
War, including undeclared or civil war;
employment, training or monitoring of others
(2)
Warlike action by a military force,
by that insured, if the "occurrence" which
including
action
in
hindering
or
caused
the
"bodily
injury"
or
"property
defending
against
an
actual
or
damage"
involved
the
ownership,
expected attack, by any government,
maintenance, use or entrustment to others of
sovereign
or
other
authority
using
any aircraft, "auto" or watercraft that is
military personnel or other agents; or
owned or operated by or rented or loaned to
(3)
Insurrection,
rebellion,
revolution,
any insured.
usurped power, or action taken by
This exclusion does not apply to:
governmental authority in hindering or
(1)
A watercraft while ashore on premises
defending against any of these.
you own or rent;
j.
Professional Services
(2)
A watercraft you do not own that is:
"Bodily
injury",
"property
damage"
or
(a) Less than 51 feet long; and
"personal and advertising injury" arising
out of the rendering of or failure to render
(b) Not being used to carry persons
any professional service.
This includes
for a charge;
but is not limited to:
(3)
Parking an "auto" on, or on the ways
(1)
Legal,
accounting
or
advertising
next to, premises you own or rent,
services;
provided the "auto" is not owned by or
rented or loaned to you or the insured;
(2)
Preparing,
approving,
or
failing
to
prepare
or
approve
maps,
shop
(4)
Liability assumed under any "insured
drawings,
opinions,
reports,
surveys,
contract"
for
the
ownership,
field orders, change orders, designs or
maintenance
or
use
of
aircraft
or
drawings and specifications;
watercraft;
(3)
Supervisory, inspection, architectural
(5)
"Bodily injury" or "property damage"
or engineering activities;
arising out of the operation of any of
f.(2)
the equipment listed in Paragraph
(4)
Medical,
surgical,
dental,
x-ray
or
f.(3)
or
of the definition of "mobile
nursing services treatment, advice or
equipment"; or
instruction;
(6)
An aircraft that is not owned by any
(5)
Any
health
or
therapeutic
service
insured and is hired, chartered or loaned
treatment, advice or instruction;
with
a
paid
crew.
However,
this
(6)
Any
service,
treatment,
advice
or
exception does not apply if the insured
instruction
for
the
purpose
of
has any other insurance for such "bodily
appearance or skin enhancement, hair
injury" or "property damage", whether
removal or replacement or personal
the other insurance is primary, excess,
grooming;
contingent or on any other basis.
(7)
Optical
or
hearing
aid
services
h.
Mobile Equipment
including the prescribing, preparation,
"Bodily
injury"
or
"property
damage"
fitting, demonstration or distribution of
arising out of:
ophthalmic
lenses
and
similar
products or hearing aid devices;
(1)
The transportation of "mobile equipment"
by an "auto" owned or operated by or
rented or loaned to any insured; or
Page 6 of 24
Form SS 00 08 04 05

BUSINESS LIABILITY COVERAGE FORM
(8)
(1)
(3)
(4)
Optometry
or
optometric
services
Paragraphs
,
and
of
this
including but not limited to examination
exclusion
do
not
apply
to
"property
of
the
eyes
and
the
prescribing,
damage" (other than damage by fire) to
preparation,
fitting,demonstration
or
premises, including the contents of such
distribution of ophthalmic lenses and
premises, rented to you for a period of 7 or
similar products;
fewer consecutive days. A separate Limit
of
Insurance
applies
to
Damage
To
(9)
Any:
Premises Rented To You as described in
(a) Body piercing (not including ear
D.
Section
- Limits Of Insurance.
piercing);
(2)
Paragraph
of this exclusion does not
(b) Tattooing, including but not limited
apply if the premises are "your work" and
to the insertion of pigments into or
were never occupied, rented or held for
under the skin; and
rental by you.
(c) Similar services;
(3)
(4)
Paragraphs
and
of this exclusion do
(10) Services in the practice of pharmacy;
not apply to the use of elevators.
and
(3)
(4)
(5)
(6)
Paragraphs
,
,
and
of this
(11) Computer
consulting,
design
or
exclusion do not apply to liability assumed
programming services, including web
under a sidetrack agreement.
site design.
(3)
(4)
Paragraphs
and
of this exclusion do
(4)
(5)
Paragraphs
and
of this exclusion do
not
apply
to
"property
damage"
to
not
apply
to
the
Incidental
Medical
borrowed equipment while not being used
Malpractice
coverage
afforded
under
to perform operations at a job site.
1.e.
A.
Paragraph
in Section
- Coverages.
(6)
Paragraph
of this exclusion does not
k.
Damage To Property
apply to "property damage" included in the
"products-completed operations hazard".
"Property damage" to:
l.
Damage To Your Product
(1)
Property you own, rent or occupy,
including
any
costs
or
expenses
"Property
damage"
to
"your
product"
incurred by you, or any other person,
arising out of it or any part of it.
organization
or
entity,
for
repair,
m. Damage To Your Work
replacement,
enhancement,
"Property damage" to "your work" arising
restoration or maintenance of such
out of it or any part of it and included in the
property
for
any
reason,
including
"products-completed operations hazard".
prevention of injury to a person or
damage to another's property;
This
exclusion
does
not
apply
if
the
damaged work or the work out of which
(2)
Premises
you
sell,
give
away
or
the damage arises was performed on your
abandon, if the "property damage" arises
behalf by a subcontractor.
out of any part of those premises;
n.
Damage
To
Impaired
Property
Or
(3)
Property loaned to you;
Property Not Physically Injured
(4)
Personal property in the care, custody
"Property damage" to "impaired property"
or control of the insured;
or property that has not been physically
(5)
That particular part of real property on
injured, arising out of:
which
you
or
any
contractors
or
(1)
A defect, deficiency, inadequacy or
subcontractors
working
directly
or
dangerous condition in "your product"
indirectly on your behalf are performing
or "your work"; or
operations, if the "property damage"
(2)
arises out of those operations; or
A delay or failure by you or anyone
acting on your behalf to perform a
(6)
That particular part of any property
contract or agreement in accordance
that must be restored, repaired or
with its terms.
replaced because "your work" was
incorrectly performed on it.
This exclusion does not apply to the loss
of use of other property arising out of
sudden and accidental physical injury to
"your product" or "your work" after it has
been put to its intended use.
Form SS 00 08 04 05
Page 7 of 24

BUSINESS LIABILITY COVERAGE FORM
o.
Recall Of Products, Work Or Impaired
(c) Title of any literary or artistic work;
Property
(8)
Arising out of an offense committed by
Damages claimed for any loss, cost or
an insured whose business is:
(a)
expense incurred by you or others for the
Advertising,
broadcasting,
loss of use, withdrawal, recall, inspection,
publishing or telecasting;
repair, replacement, adjustment, removal
(b) Designing or determining content
or disposal of:
of web sites for others; or
(1)
"Your product";
(c) An
Internet
search,
access,
(2)
"Your work"; or
content or service provider.
(3)
"Impaired property";
However,
this
exclusion
does
not
if
such
product,
work
or
property
is
a.
b.
c.
apply to Paragraphs
,
and
withdrawn or recalled from the market or
under the definition of "personal and
from use by any person or organization
G.
advertising injury" in Section
–
because of a known or suspected defect,
Liability
And
Medical
Expenses
deficiency,
inadequacy
or
dangerous
Definitions.
condition in it.
For the purposes of this exclusion,
p.
Personal And Advertising Injury
placing
an
"advertisement"
for
or
linking to others on your web site, by
"Personal and advertising injury":
itself, is not considered the business
(1)
Arising out of oral, written or electronic
of
advertising,
broadcasting,
publication of material, if done by or at
publishing or telecasting;
the
direction
of
the
insured
with
(9)
Arising out of an electronic chat room
knowledge of its falsity;
or bulletin board the insured hosts,
(2)
Arising out of oral, written or electronic
owns,
or
over
which
the
insured
publication
of
material
whose
first
exercises control;
publication
took
place
before
the
(10) Arising out of the unauthorized use of
beginning of the policy period;
another's name or product in your e-mail
(3)
Arising out of a criminal act committed
address, domain name or metatags, or
by or at the direction of the insured;
any other similar tactics to mislead
(4)
Arising out of any breach of contract,
another's potential customers;
except an implied contract to use
(11) Arising
out
of
the
violation
of
a
another’s "advertising idea" in your
person's right of privacy created by
"advertisement";
any state or federal act.
(5)
Arising out of the failure of goods,
However,
this
exclusion
does
not
products or services to conform with
apply to liability for damages that the
any
statement
of
quality
or
insured would have in the absence of
performance
made
in
your
such state or federal act;
"advertisement";
(12) Arising out of:
(6)
Arising out of the wrong description of
(a) An "advertisement" for others on
the price of goods, products or services;
your web site;
(7)
Arising out of any violation of any
(b) Placing a link to a web site of
intellectual property rights such as
others on your web site;
copyright,
patent,
trademark,
trade
name, trade secret, service mark or
(c) Content from a web site of others
other
designation
of
origin
or
displayed within a frame or border
authenticity.
on your web site. Content includes
information,
code,
sounds,
text,
However,
this
exclusion
does
not
graphics or images; or
apply
to
infringement,
in
your
"advertisement", of
(d) Computer
code,
software
or
programming used to enable:
(a) Copyright;
(i)
Your web site; or
(b) Slogan, unless the slogan is also
a trademark, trade name, service
(ii) The presentation or functionality
mark or other designation of origin
of an "advertisement" or other
or authenticity; or
content on your web site;
Page 8 of 24
Form SS 00 08 04 05

BUSINESS LIABILITY COVERAGE FORM
(13)
(a)
Arising out of a violation of any anti-
May be awarded or incurred by
trust law;
reason
of
any
claim
or
suit
alleging actual or threatened injury
(14) Arising out of the fluctuation in price or
or damage of any nature or kind to
value of any stocks, bonds or other
persons or property which would
securities; or
not have occurred in whole or in
(15) Arising
out
of
discrimination
or
part but for the "asbestos hazard";
humiliation committed by or at the
(b) Arise out of any request, demand,
direction of any "executive officer",
order or statutory or regulatory
director,
stockholder,
partner
or
requirement that any insured or
member of the insured.
others test for, monitor, clean up,
q.
Electronic Data
remove,
encapsulate,
contain,
Damages arising out of the loss of, loss of
treat, detoxify or neutralize or in
use of, damage to, corruption of, inability
any way respond to or assess the
to
access,
or
inability
to
manipulate
effects of an "asbestos hazard"; or
"electronic data".
(c) Arise out of any claim or suit for
r.
Employment-Related Practices
damages because of testing for,
monitoring, cleaning up, removing,
"Bodily injury" or "personal and advertising
encapsulating, containing, treating,
injury" to:
detoxifying or neutralizing or in any
(1)
A person arising out of any:
way responding to or assessing the
(a) Refusal to employ that person;
effects of an "asbestos hazard".
(b) Termination
of
that
person's
t.
Violation Of Statutes That Govern E-
employment; or
Mails,
Fax,
Phone
Calls
Or
Other
Methods
Of
Sending
Material
Or
(c) Employment-related
practices,
Information
policies, acts or omissions, such as
coercion,
demotion,
evaluation,
"Bodily
injury",
"property
damage",
or
reassignment,
discipline,
"personal and advertising injury" arising
defamation, harassment, humiliation
directly or indirectly out of any action or
or discrimination directed at that
omission that violates or is alleged to
person; or
violate:
(2)
The spouse, child, parent, brother or
(1)
The Telephone Consumer Protection
sister
of
that
person
as
a
Act (TCPA), including any amendment
consequence
of
"bodily
injury"
or
of or addition to such law;
"personal and advertising injury" to the
(2)
The CAN-SPAM Act of 2003, including
person
at
whom
any
of
the
any amendment of or addition to such
employment-related
practices
law; or
(a) (b)
(c)
described in Paragraphs
,
, or
(3)
Any statute, ordinance or regulation,
above is directed.
other than the TCPA or CAN-SPAM Act
This exclusion applies:
of 2003, that prohibits or limits the
(1)
Whether the insured may be liable as
sending, transmitting, communicating or
an employer or in any other capacity;
distribution of material or information.
and
Damage To Premises Rented To You –
(2)
To any obligation to share damages
Exception For Damage By Fire, Lightning
with or repay someone else who must
or Explosion
pay damages because of the injury.
c.
h.
k.
o.
Exclusions
through
and
through
do
s.
Asbestos
not apply to damage by fire, lightning or
explosion
to
premises
rented
to
you
or
(1)
"Bodily injury", "property damage" or
temporarily occupied by you with permission of
"personal
and
advertising
injury"
the owner.
A separate Limit of Insurance
arising out of the "asbestos hazard".
applies
to
this
coverage
as
described
in
(2)
Any damages, judgments, settlements,
D.
Section
- Liability And Medical Expenses
loss, costs or expenses that:
Limits Of Insurance.
Form SS 00 08 04 05
Page 9 of 24

BUSINESS LIABILITY COVERAGE FORM
2.
Applicable To Medical Expenses Coverage
e.
A trust, you are an insured. Your trustees
are also insureds, but only with respect to
We will not pay expenses for "bodily injury":
their duties as trustees.
a.
Any Insured
2.
Each of the following is also an insured:
To any insured, except "volunteer workers".
a.
Employees And Volunteer Workers
b.
Hired Person
Your
"volunteer
workers"
only
while
To a person hired to do work for or on behalf
performing duties related to the conduct of
of any insured or a tenant of any insured.
your business, or your "employees", other
c.
Injury On Normally Occupied Premises
than either your "executive officers" (if you
To
a
person
injured
on
that
part
of
are
an
organization
other
than
a
premises you own or rent that the person
partnership, joint venture or limited liability
normally occupies.
company) or your managers (if you are a
limited liability company), but only for acts
d.
Workers'
Compensation
And
Similar
within the scope of their employment by
Laws
you or while performing duties related to
To
a
person,
whether
or
not
an
the conduct of your business.
"employee" of any insured, if benefits for
However, none of these "employees" or
the "bodily injury" are payable or must be
"volunteer workers" are insureds for:
provided under a workers' compensation
or disability benefits law or a similar law.
(1)
"Bodily
injury"
or
"personal
and
advertising injury":
e.
Athletics Activities
(a) To
you,
to
your
partners
or
To
a
person
injured
while
practicing,
members (if you are a partnership
instructing or participating in any physical
or joint venture), to your members
exercises or games, sports or athletic
(if
you
are
a
limited
liability
contests.
company), or to a co-"employee"
f.
Products-Completed Operations Hazard
while in the course of his or her
Included
with
the
"products-completed
employment or performing duties
operations hazard".
related to the conduct of your
business,
or
to
your
other
g.
Business Liability Exclusions
"volunteer
workers"
while
Excluded under Business Liability Coverage.
performing duties related to the
C. WHO IS AN INSURED
conduct of your business;
1.
If you are designated in the Declarations as:
(b) To
the
spouse,
child,
parent,
brother
or
sister
of
that
co-
a.
An individual, you and your spouse are
"employee"
or
that
"volunteer
insureds, but only with respect to the
worker"
as
a
consequence
of
conduct of a business of which you are the
(1)(a)
Paragraph
above;
sole owner.
(c) For which there is any obligation
b.
A partnership or joint venture, you are an
to share damages with or repay
insured. Your members, your partners, and
someone
else
who
must
pay
their spouses are also insureds, but only with
damages because of the injury
respect to the conduct of your business.
(1)(a)
described in Paragraphs
or
c.
A limited liability company, you are an
(b) above; or
insured.
Your members are also insureds,
(d) Arising out of his or her providing
but only with respect to the conduct of your
or failing to provide professional
business. Your managers are insureds, but
health care services.
only with respect to their duties as your
managers.
If
you are
not
in
the
business
of
providing
professional
health
care
d.
An organization other than a partnership,
(d)
services, Paragraph
does not apply
joint venture or limited liability company, you
to
any
nurse,
emergency
medical
are an insured. Your "executive officers" and
technician or paramedic employed by
directors are insureds, but only with respect
you to provide such services.
to their duties as your officers or directors.
Your stockholders are also insureds, but only
(2)
"Property damage" to property:
with respect to their liability as stockholders.
(a) Owned, occupied or used by,
Page 10 of 24
Form SS 00 08 04 05

BUSINESS LIABILITY COVERAGE FORM
(b)
b.
Rented to, in the care, custody or
Coverage under this provision does not
control of, or over which physical
apply to:
control is being exercised for any
(1)
"Bodily injury" or "property damage"
purpose
by
you,
any
of
your
that occurred; or
"employees", "volunteer workers",
(2)
"Personal
and
advertising
injury"
any partner or member (if you are
arising out of an offense committed
a partnership or joint venture), or
before
you
acquired
or
formed
the
any member (if you are a limited
organization.
liability company).
4.
Operator Of Mobile Equipment
b.
Real Estate Manager
With respect to "mobile equipment" registered in
Any person (other than your "employee" or
your name under any motor vehicle registration
"volunteer worker"), or any organization
law, any person is an insured while driving such
while acting as your real estate manager.
equipment along a public highway with your
c.
Temporary
Custodians
Of
Your
permission.
Any other person or organization
Property
responsible for the conduct of such person is
Any person or organization having proper
also an insured, but only with respect to liability
temporary custody of your property if you
arising out of the operation of the equipment, and
die, but only:
only if no other insurance of any kind is available
(1)
With respect to liability arising out of the
to that person or organization for this liability.
maintenance or use of that property; and
However, no person or organization is an insured
with respect to:
(2)
Until
your legal representative has
been appointed.
a.
"Bodily injury" to a co-"employee" of the
person driving the equipment; or
d.
Legal Representative If You Die
b.
"Property damage" to property owned by,
Your legal representative if you die, but
rented to, in the charge of or occupied by
only with respect to duties as such. That
you or the employer of any person who is
representative will have all your rights and
an insured under this provision.
duties under this insurance.
5.
Operator of Nonowned Watercraft
e.
Unnamed Subsidiary
With respect to watercraft you do not own that
Any subsidiary and subsidiary thereof, of
is less than 51 feet long and is not being used
yours which is a legally incorporated entity
to carry persons for a charge, any person is an
of which you own a financial interest of
insured while operating such watercraft with
more than 50% of the voting stock on the
your
permission.
Any
other
person
or
effective date of this Coverage Part.
organization responsible for the conduct of
The insurance afforded herein for any
such person is also an insured, but only with
subsidiary not shown in the Declarations
respect to liability arising out of the operation
as a named insured does not apply to
of
the
watercraft,
and
only
if
no
other
injury or damage with respect to which an
insurance of any kind is available to that
insured under this insurance is also an
person or organization for this liability.
insured under another policy or would be
However, no person or organization is an
an insured under such policy but for its
insured with respect to:
termination or upon the exhaustion of its
limits of insurance.
a.
"Bodily injury" to a co-"employee" of the
person operating the watercraft; or
3.
Newly Acquired Or Formed Organization
b.
"Property damage" to property owned by,
Any organization you newly acquire or form,
rented to, in the charge of or occupied by
other than a partnership, joint venture or
you or the employer of any person who is
limited liability company, and over which you
an insured under this provision.
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
6.
Additional
Insureds
When
Required
By
Insured if there is no other similar insurance
Written Contract, Written Agreement Or
available to that organization. However:
Permit
a.
Coverage under this provision is afforded
The person(s) or organization(s) identified in
only until the 180th day after you acquire
a.
f.
Paragraphs
through
below are additional
or form the organization or the end of the
insureds when you have agreed, in a written
policy period, whichever is earlier; and
Form SS 00 08 04 05
Page 11 of 24

BUSINESS LIABILITY COVERAGE FORM
(e)
contract, written agreement or because of a
Any
failure
to
make
such
permit
issued
by
a
state
or
political
inspections, adjustments, tests or
subdivision, that such person or organization
servicing
as
the
vendor
has
be added as an additional insured on your
agreed
to
make
or
normally
policy, provided the injury or damage occurs
undertakes to make in the usual
subsequent to the execution of the contract or
course of business, in connection
agreement, or the issuance of the permit.
with the distribution or sale of the
products;
A person or organization is an additional
(f)
Demonstration,
installation,
insured under this provision only for that
servicing
or
repair
operations,
period
of
time
required
by
the
contract,
except such operations performed
agreement or permit.
at
the
vendor's
premises
in
However, no such person or organization is an
connection with the sale of the
additional insured under this provision if such
product;
person or organization is included as an
(g) Products which, after distribution
additional insured by an endorsement issued
or sale by you, have been labeled
by us and made a part of this Coverage Part,
or
relabeled
or
used
as
a
including all persons or organizations added
container, part or ingredient of any
as
additional
insureds
under
the
specific
other thing or substance by or for
additional insured coverage grants in Section
the vendor; or
F. – Optional Additional Insured Coverages.
(h) "Bodily
injury"
or
"property
a.
Vendors
damage" arising out of the sole
Any person(s) or organization(s) (referred to
negligence of the vendor for its
below as vendor), but only with respect to
own acts or omissions or those of
"bodily injury" or "property damage" arising
its
employees
or
anyone
else
out of "your products" which are distributed
acting on its behalf. However, this
or sold in the regular course of the vendor's
exclusion does not apply to:
business and only if this Coverage Part
(i)
The exceptions contained in
provides coverage for "bodily injury" or
(d)
(f)
Subparagraphs
or
; or
"property
damage"
included
within
the
(ii)
"products-completed operations hazard".
Such inspections, adjustments,
tests or servicing as the vendor
(1)
The insurance afforded to the vendor
has agreed to make or normally
is subject to the following additional
undertakes to make in the usual
exclusions:
course
of
business,
in
This insurance does not apply to:
connection with the distribution
(a) "Bodily
injury"
or
"property
or sale of the products.
damage" for which the vendor is
(2)
This insurance does not apply to any
obligated
to
pay
damages
by
insured person or organization from
reason
of
the
assumption
of
whom you have acquired such products,
liability in a contract or agreement.
or any ingredient, part or container,
This exclusion does not apply to
entering
into,
accompanying
or
liability
for
damages
that
the
containing such products.
vendor would have in the absence
b.
Lessors Of Equipment
of the contract or agreement;
(1)
Any
person
or
organization
from
(b) Any
express
warranty
whom you lease equipment; but only
unauthorized by you;
with respect to their liability for "bodily
(c) Any physical or chemical change
injury",
"property
damage"
or
in the product made intentionally
"personal
and
advertising
injury"
by the vendor;
caused, in whole or in part, by your
(d) Repackaging,
except
when
maintenance,
operation
or
use
of
unpacked solely for the purpose of
equipment leased to you by such
inspection, demonstration, testing,
person or organization.
or the substitution of parts under
instructions from the manufacturer,
and
then
repackaged
in
the
original container;
Page 12 of 24
Form SS 00 08 04 05

BUSINESS LIABILITY COVERAGE FORM
(2)
e.
Permits Issued By State Or Political
With respect to the insurance afforded
Subdivisions
to
these
additional
insureds,
this
insurance
does
not
apply
to
any
(1)
Any state or political subdivision, but
"occurrence" which takes place after
only
with
respect
to
operations
you cease to lease that equipment.
performed by you or on your behalf for
c.
Lessors Of Land Or Premises
which the state or political subdivision
has issued a permit.
(1)
Any
person
or
organization
from
(2)
whom you lease land or premises, but
With respect to the insurance afforded
only with respect to liability arising out
to
these
additional
insureds,
this
of the ownership, maintenance or use
insurance does not apply to:
of that part of the land or premises
(a) "Bodily injury", "property damage"
leased to you.
or
"personal
and
advertising
(2)
With respect to the insurance afforded
injury" arising out of operations
to
these
additional
insureds,
this
performed
for
the
state
or
insurance does not apply to:
municipality; or
(a)
(b)
Any
"occurrence"
which
takes
"Bodily injury" or "property damage"
place after you cease to lease that
included
within
the
"products-
land
or
be
a
tenant
in
that
completed operations hazard".
premises; or
f.
Any Other Party
(b) Structural
alterations,
new
(1)
Any other person or organization who
construction
or
demolition
a.
is not an insured under Paragraphs
operations performed by or on
e
through
.
above,
but
only
with
behalf
of
such
person
or
respect to liability for "bodily injury",
organization.
"property damage" or "personal and
d.
Architects, Engineers Or Surveyors
advertising injury" caused, in whole or
in part, by your acts or omissions or
(1)
Any architect, engineer, or surveyor, but
the acts or omissions of those acting
only with respect to liability for "bodily
on your behalf:
injury", "property damage" or "personal
(a)
and advertising injury" caused, in whole
In
the
performance
of
your
or in part, by your acts or omissions or
ongoing operations;
the acts or omissions of those acting on
(b) In connection with your premises
your behalf:
owned by or rented to you; or
(a) In connection with your premises;
(c) In connection with "your work" and
or
included
within
the
"products-
(b) In
the
performance
of
your
completed operations hazard", but
ongoing operations performed by
only if
you or on your behalf.
(i)
The written contract or written
(2)
With respect to the insurance afforded
agreement
requires
you
to
to
these
additional
insureds,
the
provide
such
coverage
to
following additional exclusion applies:
such additional insured; and
(ii)
This
insurance
does
not apply
to
This Coverage Part provides
"bodily injury", "property damage" or
coverage for "bodily injury" or
"personal
and
advertising
injury"
"property
damage"
included
arising out of the rendering of or the
within
the
"products-
failure
to
render
any
professional
completed operations hazard".
services by or for you, including:
(2)
With respect to the insurance afforded
(a) The
preparing,
approving,
or
to
these
additional
insureds,
this
failure
to
prepare
or
approve,
insurance does not apply to:
maps, shop drawings, opinions,
"Bodily injury", "property damage" or
reports,
surveys,
field
orders,
"personal
and
advertising
injury"
change
orders,
designs
or
arising out of the rendering of, or the
drawings and specifications; or
failure
to
render,
any
professional
(b) Supervisory,
inspection,
architectural, engineering or surveying
architectural
or
engineering
services, including:
activities.
Form SS 00 08 04 05
Page 13 of 24

BUSINESS LIABILITY COVERAGE FORM
(a) The
preparing,
approving,
or
This General Aggregate limit does not
failure
to
prepare
or
approve,
apply to "property damage" to premises
maps, shop drawings, opinions,
while
rented
to
you
or
temporarily
reports,
surveys,
field
orders,
occupied by you with permission of the
change
orders,
designs
or
owner, arising out of fire, lightning or
drawings and specifications; or
explosion.
(b)
3.
Each Occurrence Limit
Supervisory,
inspection,
architectural
or
engineering
2.a.
2.b
Subject
to
or
above,
whichever
activities.
applies, the most we will pay for the sum of all
The limits of insurance that apply to additional
damages
because
of
all
"bodily
injury",
D.
insureds are described in Section
– Limits
"property
damage"
and
medical
expenses
Of Insurance.
arising out of any one "occurrence" is the
Liability and Medical Expenses Limit shown in
How
this
insurance
applies
when
other
the Declarations.
insurance is available to an additional insured
is described in the Other Insurance Condition
The most we will pay for all medical expenses
E.
in Section
– Liability And Medical Expenses
because of "bodily injury" sustained by any
General Conditions.
one person is the Medical Expenses Limit
shown in the Declarations.
No person or organization is an insured with
4.
Personal And Advertising Injury Limit
respect to the conduct of any current or past
partnership,
joint
venture
or
limited
liability
2.b.
Subject to
above, the most we will pay for
company that is not shown as a Named Insured in
the
sum
of
all
damages
because
of
all
the Declarations.
"personal and advertising injury" sustained by
any one person or organization is the Personal
D. LIABILITY AND MEDICAL EXPENSES
and Advertising Injury Limit shown in the
LIMITS OF INSURANCE
Declarations.
1.
The Most We Will Pay
5.
Damage To Premises Rented To You Limit
The
Limits
of
Insurance
shown
in
the
The Damage To Premises Rented To You
Declarations and the rules below fix the most
Limit is the most we will pay under Business
we will pay regardless of the number of:
Liability Coverage for damages because of
a.
Insureds;
"property damage" to any one premises, while
b.
Claims made or "suits" brought; or
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
c.
Persons or organizations making claims or
temporarily occupied by you with permission of
bringing "suits".
the owner.
2.
Aggregate Limits
In the case of damage by fire, lightning or
The most we will pay for:
explosion, the Damage to Premises Rented To
a.
Damages because of "bodily injury" and
You Limit applies to all damage proximately
"property
damage"
included
in
the
caused by the same event, whether such
"products-completed operations hazard" is
damage results from fire, lightning or explosion
the
Products-Completed
Operations
or any combination of these.
Aggregate
Limit
shown
in
the
6.
How Limits Apply To Additional Insureds
Declarations.
The most we will pay on behalf of a person or
b.
Damages because of all other "bodily
organization
who
is
an additional
insured
injury", "property damage" or "personal
under this Coverage Part is the lesser of:
and advertising injury", including medical
a.
The limits of insurance specified in a
expenses, is the General Aggregate Limit
written
contract,
written
agreement
or
shown in the Declarations.
permit
issued
by
a
state
or
political
This
General
Aggregate
Limit
applies
subdivision; or
separately to each of your "locations"
b.
The Limits of Insurance shown in the
owned by or rented to you.
Declarations.
"Location" means premises involving the
Such amount shall be a part of and not in
same
or connecting
lots, or premises
addition to the Limits of Insurance shown in
whose connection is interrupted only by a
the Declarations and described in this Section.
street,
roadway
or
right-of-way
of
a
railroad.
Page 14 of 24
Form SS 00 08 04 05

BUSINESS LIABILITY COVERAGE FORM
(1)
If more than one limit of insurance under this
Immediately send us copies of any
policy and any endorsements attached thereto
demands,
notices,
summonses
or
applies to any claim or "suit", the most we will pay
legal papers received in connection
under this policy and the endorsements is the
with the claim or "suit";
single highest limit of liability of all coverages
(2)
Authorize us to obtain records and
applicable to such claim or "suit".
However, this
other information;
paragraph does not apply to the Medical Expenses
(3)
Cooperate with us in the investigation,
3.
limit set forth in Paragraph
above.
settlement of the claim or defense
The Limits of Insurance of this Coverage Part apply
against the "suit"; and
separately to each consecutive annual period and to
(4)
Assist us, upon our request, in the
any remaining period of less than 12 months, starting
enforcement of any right against any
with the beginning of the policy period shown in the
person or organization that may be
Declarations, unless the policy period is extended
liable to the insured because of injury
after issuance for an additional period of less than 12
or damage to which this insurance
months.
In that case, the additional period will be
may also apply.
deemed part of the last preceding period for purposes
d.
Obligations At The Insured's Own Cost
of determining the Limits of Insurance.
No insured will, except at that insured's own
E. LIABILITY AND MEDICAL EXPENSES
cost, voluntarily make a payment, assume
GENERAL CONDITIONS
any obligation, or incur any expense, other
than for first aid, without our consent.
1.
Bankruptcy
e.
Additional Insured's Other Insurance
Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
If we cover a claim or "suit" under this
obligations under this Coverage Part.
Coverage Part that may also be covered
by
other
insurance
available
to
an
2.
Duties
In
The
Event
Of
Occurrence,
additional insured, such additional insured
Offense, Claim Or Suit
must submit such claim or "suit" to the
a.
Notice Of Occurrence Or Offense
other insurer for defense and indemnity.
You or any additional insured must see to
However, this provision does not apply to
it
that
we
are
notified
as
soon
as
the extent that you have agreed in a
practicable
of
an
"occurrence"
or
an
written
contract,
written
agreement
or
offense which may result in a claim.
To
permit that this insurance is primary and
the extent possible, notice should include:
non-contributory
with
the
additional
(1)
How, when and where the "occurrence"
insured's own insurance.
or offense took place;
f.
Knowledge Of An Occurrence, Offense,
(2)
The names and addresses of any
Claim Or Suit
injured persons and witnesses; and
a.
b.
Paragraphs
and
apply to you or to
(3)
The nature and location of any injury
any additional insured only when such
or
damage
arising
out
of
the
"occurrence", offense, claim or "suit" is
"occurrence" or offense.
known to:
b.
Notice Of Claim
(1)
You or any additional insured that is
an individual;
If a claim is made or "suit" is brought
against any insured, you or any additional
(2)
Any partner, if you or an additional
insured must:
insured is a partnership;
(1)
Immediately record the specifics of the
(3)
Any manager, if you or an additional
claim or "suit" and the date received;
insured is a limited liability company;
and
(4)
Any "executive officer" or insurance
(2)
Notify us as soon as practicable.
manager,
if
you
or
an
additional
insured is a corporation;
You or any additional insured must see to
it that we receive a written notice of the
(5)
Any trustee, if you or an additional
claim or "suit" as soon as practicable.
insured is a trust; or
c.
Assistance And Cooperation Of The
(6)
Any elected or appointed official, if you
Insured
or an additional insured is a political
subdivision or public entity.
You and any other involved insured must:
Form SS 00 08 04 05
Page 15 of 24
However, this provision does not apply to
the extent that you have agreed in a
written
contract,
written
agreement
or
permit that this insurance is primary and
non-contributory
with
the
additional
insured's own insurance.

BUSINESS LIABILITY COVERAGE FORM
f.
(3)
This Paragraph
applies separately to
We have issued this policy in reliance
you and any additional insured.
upon your representations.
3.
Financial Responsibility Laws
b.
Unintentional
Failure
To
Disclose
Hazards
a.
When this policy is certified as proof of
financial responsibility for the future under
If unintentionally you should fail to disclose
the
provisions
of
any
motor
vehicle
all hazards relating to the conduct of your
financial responsibility law, the insurance
business at the inception date of this
provided by the policy for "bodily injury"
Coverage Part, we shall not deny any
liability and "property damage" liability will
coverage
under
this
Coverage
Part
comply with the provisions of the law to
because of such failure.
the extent of the coverage and limits of
7.
Other Insurance
insurance required by that law.
If
other valid and collectible insurance is
b.
With respect to "mobile equipment" to
available for a loss we cover under this
which
this
insurance
applies,
we
will
Coverage Part, our obligations are limited as
provide any liability, uninsured motorists,
follows:
underinsured motorists, no-fault or other
a.
Primary Insurance
coverage required by any motor vehicle
b.
law. We will provide the required limits for
This insurance is primary except when
those coverages.
below applies.
If other insurance is also
primary, we will share with all that other
4.
Legal Action Against Us
c.
insurance by the method described in
No person or organization has a right under
below.
this Coverage Form:
b.
Excess Insurance
a.
To join us as a party or otherwise bring us
This insurance is excess over any of the
into a "suit" asking for damages from an
other insurance, whether primary, excess,
insured; or
contingent or on any other basis:
b.
To sue us on this Coverage Form unless
(1)
Your Work
all of its terms have been fully complied
with.
That
is
Fire,
Extended
Coverage,
Builder's
Risk,
Installation
Risk
or
A person or organization may sue us to recover
similar coverage for "your work";
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
(2)
Premises Rented To You
damages that are not payable under the terms of
That is fire, lightning or explosion
this insurance or that are in excess of the
insurance for premises rented to you
applicable
limit
of
insurance.
An
agreed
or temporarily occupied by you with
settlement means a settlement and release of
permission of the owner;
liability signed by us, the insured and the
(3)
Tenant Liability
claimant or the claimant's legal representative.
That is insurance purchased by you to
5.
Separation Of Insureds
cover your liability as a tenant for
Except with respect to the Limits of Insurance,
"property damage" to premises rented
and any rights or duties specifically assigned
to you or temporarily occupied by you
in this policy to the first Named Insured, this
with permission of the owner;
insurance applies:
(4)
Aircraft, Auto Or Watercraft
a.
As if each Named Insured were the only
If the loss arises out of the maintenance
Named Insured; and
or use of aircraft, "autos" or watercraft to
b.
Separately to each insured against whom
g.
the extent not subject to Exclusion
of
a claim is made or "suit" is brought.
A.
Section
– Coverages.
6.
Representations
(5)
Property
Damage
To
Borrowed
a.
When You Accept This Policy
Equipment Or Use Of Elevators
By accepting this policy, you agree:
If the loss arises out of "property
damage" to borrowed equipment or
(1)
The statements in the Declarations
the use of elevators to the extent not
are accurate and complete;
k.
A.
subject to Exclusion
of Section
–
(2)
Those statements are based upon
Coverages.
representations you made to us; and
Page 16 of 24
Form SS 00 08 04 05

BUSINESS LIABILITY COVERAGE FORM
(6)
When
You
Are
Added
As
An
When this insurance is excess over other
Additional
Insured
To
Other
insurance, we will pay only our share of
Insurance
the
amount
of
the
loss,
if
any,
that
exceeds the sum of:
That is other insurance available to
(1)
you
covering
liability
for
damages
The total amount that all such other
arising
out
of
the
premises
or
insurance would pay for the loss in the
operations, or products and completed
absence of this insurance; and
operations, for which you have been
(2)
The total of all deductible and self-
added as an additional insured by that
insured amounts under all that other
insurance; or
insurance.
(7)
When
You
Add
Others
As
An
We will share the remaining loss, if any, with
Additional
Insured
To
This
any other insurance that is not described in
Insurance
this Excess Insurance provision and was not
That is other insurance available to an
bought specifically to apply in excess of the
additional insured.
Limits
of
Insurance
shown
in
the
Declarations of this Coverage Part.
However,
the
following
provisions
c.
Method Of Sharing
apply to other insurance available to
any person or organization who is an
If
all
the
other
insurance
permits
additional insured under this Coverage
contribution by equal shares, we will follow
Part:
this method also.
Under this approach,
(a) Primary
Insurance
When
each insurer contributes equal amounts
Required By Contract
until it has paid its applicable limit of
insurance or none of the loss remains,
This insurance is primary if you
whichever comes first.
have agreed in a written contract,
written agreement or permit that
If any of the other insurance does not permit
this insurance be primary. If other
contribution
by
equal
shares,
we
will
insurance is also primary, we will
contribute by limits. Under this method, each
share with all that other insurance
insurer’s share is based on the ratio of its
c.
by the method described in
applicable limit of insurance to the total
below.
applicable limits of insurance of all insurers.
(b) Primary And Non-Contributory
8.
Transfer Of Rights Of Recovery Against
To
Other
Insurance
When
Others To Us
Required By Contract
a.
Transfer Of Rights Of Recovery
If you have agreed in a written
If the insured has rights to recover all or
contract,
written
agreement
or
part
of
any
payment,
including
permit
that
this
insurance
is
Supplementary Payments, we have made
primary and non-contributory with
under this Coverage Part, those rights are
the
additional
insured's
own
transferred to us.
The insured must do
insurance,
this
insurance
is
nothing after loss to impair them.
At our
primary
and
we
will
not
seek
request, the insured will bring "suit" or
contribution
from
that
other
transfer those rights to us and help us
insurance.
enforce them.
This condition does not
(a)
(b)
Paragraphs
and
do not apply to
apply to Medical Expenses Coverage.
other insurance to which the additional
b.
Waiver Of Rights Of Recovery (Waiver
insured
has
been
added
as
an
Of Subrogation)
additional insured.
If the insured has waived any rights of
When this insurance is excess, we will
recovery
against
any
person
or
have no duty under this Coverage Part to
organization for all or part of any payment,
defend the insured against any "suit" if any
including Supplementary Payments, we
other insurer has a duty to defend the
have made under this Coverage Part, we
insured against that "suit".
If no other
also waive that right, provided the insured
insurer defends, we will undertake to do
waived their rights of recovery against
so, but we will be entitled to the insured's
such person or organization in a contract,
rights against all those other insurers.
agreement or permit that was executed
prior to the injury or damage.
Form SS 00 08 04 05
Page 17 of 24
Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
When
You
Add
Others
As
An
Additional
Insured
To
This
Insurance
Primary And Non-Contributory

BUSINESS LIABILITY COVERAGE FORM
3.
Additional Insured - Grantor Of Franchise
F. OPTIONAL
ADDITIONAL
INSURED
C.
WHO IS AN INSURED under Section
is
COVERAGES
amended to include as an additional insured
If listed or shown as applicable in the Declarations,
the person(s) or organization(s) shown in the
one or more of the following Optional Additional
Declarations
as
an
Additional
Insured
-
Insured Coverages also apply. When any of these
Grantor Of Franchise, but only with respect to
Optional
Additional
Insured
Coverages
apply,
their liability as grantor of franchise to you.
6.
Paragraph
(Additional Insureds When Required
4.
Additional
Insured
-
Lessor
Of
Leased
by Written Contract, Written Agreement or Permit)
Equipment
C.
of Section
, Who Is An Insured, does not apply
to
the
person
or
organization
shown
in
the
a.
C.
WHO IS AN INSURED under Section
is
Declarations. These coverages are subject to the
amended
to
include
as
an
additional
terms
and
conditions
applicable
to
Business
insured the person(s) or organization(s)
Liability
Coverage
in
this
policy,
except
as
shown in the Declarations as an Additional
provided below:
Insured – Lessor of Leased Equipment,
but only with respect to liability for "bodily
1.
Additional Insured - Designated Person Or
injury", "property damage" or "personal
Organization
and advertising injury" caused, in whole or
C.
WHO IS AN INSURED under Section
is
in part, by your maintenance, operation or
amended to include as an additional insured
use of equipment leased to you by such
the person(s) or organization(s) shown in the
person(s) or organization(s).
Declarations, but only with respect to liability
b.
With respect to the insurance afforded to
for
"bodily
injury",
"property
damage"
or
these additional insureds, this insurance
"personal and advertising injury" caused, in
does not apply to any "occurrence" which
whole or in part, by your acts or omissions or
takes place after you cease to lease that
the acts or omissions of those acting on your
equipment.
behalf:
5.
Additional
Insured
-
Owners
Or
Other
a.
In
the
performance
of
your
ongoing
Interests
From
Whom
Land
Has
Been
operations; or
Leased
b.
In connection with your premises owned
a.
C.
WHO IS AN INSURED under Section
is
by or rented to you.
amended
to
include
as
an
additional
2.
Additional Insured - Managers Or Lessors
insured the person(s) or organization(s)
Of Premises
shown in the Declarations as an Additional
a.
C.
WHO IS AN INSURED under Section
is
Insured – Owners Or Other Interests From
amended to include as an additional insured
Whom Land Has Been Leased, but only
the person(s) or organization(s) shown in the
with respect to liability arising out of the
Declarations as an Additional Insured -
ownership, maintenance or use of that part
Designated Person Or Organization; but only
of the land leased to you and shown in the
with respect to liability arising out of the
Declarations.
ownership, maintenance or use of that part of
b.
With respect to the insurance afforded to
the premises leased to you and shown in the
these additional insureds, the following
Declarations.
additional exclusions apply:
b.
With respect to the insurance afforded to
This insurance does not apply to:
these additional insureds, the following
(1)
Any
"occurrence"
that
takes
place
additional exclusions apply:
after you cease to lease that land; or
This insurance does not apply to:
(2)
Structural
alterations,
new
(1)
Any "occurrence" which takes place
construction or demolition operations
after you cease to be a tenant in that
performed by or on behalf of such
premises; or
person or organization.
(2)
Structural
alterations,
new
6.
Additional
Insured
-
State
Or
Political
construction or demolition operations
Subdivision – Permits
performed by or on behalf of such
a.
C.
WHO IS AN INSURED under Section
is
person or organization.
amended
to
include
as
an
additional
insured the state or political subdivision
shown in the Declarations as an Additional
Page 18 of 24
Form SS 00 08 04 05

BUSINESS LIABILITY COVERAGE FORM
(e)
Insured – State Or Political Subdivision -
Any
failure
to
make
such
Permits,
but
only
with
respect
to
inspections, adjustments, tests or
operations performed by you or on your
servicing as the vendor has agreed
behalf
for which the state or political
to make or normally undertakes to
subdivision has issued a permit.
make
in
the
usual
course
of
business, in connection with the
b.
With respect to the insurance afforded to
distribution or sale of the products;
these additional insureds, the following
(f)
Demonstration,
installation,
additional exclusions apply:
servicing
or
repair
operations,
This insurance does not apply to:
except such operations performed
(1)
"Bodily injury", "property damage" or
at
the
vendor's
premises
in
"personal
and
advertising
injury"
connection with the sale of the
arising out of operations performed for
product;
the state or municipality; or
(g) Products which, after distribution
(2)
"Bodily injury" or "property damage"
or sale by you, have been labeled
included
in
the
"product-completed
or
relabeled
or
used
as
a
operations" hazard.
container, part or ingredient of any
7.
Additional Insured – Vendors
other thing or substance by or for
the vendor; or
a.
C.
WHO IS AN INSURED under Section
is
amended
to
include
as
an
additional
(h) "Bodily
injury"
or
"property
insured the person(s) or organization(s)
damage" arising out of the sole
(referred to below as vendor) shown in the
negligence of the vendor for its
Declarations as an Additional Insured -
own acts or omissions or those of
Vendor, but only with respect to "bodily
its
employees
or
anyone
else
injury" or "property damage" arising out of
acting on its behalf. However, this
"your products" which are distributed or
exclusion does not apply to:
sold in the regular course of the vendor's
(i)
The exceptions contained in
business and only if this Coverage Part
(d)
(f)
Subparagraphs
or
; or
provides coverage for "bodily injury" or
(ii) Such
inspections,
"property
damage"
included within
the
adjustments, tests or servicing
"products-completed operations hazard".
as the vendor has agreed to
b.
The insurance afforded to the vendor is
make or normally undertakes
subject to the following additional exclusions:
to make in the usual course of
(1)
This insurance does not apply to:
business, in connection with
the distribution or sale of the
(a) "Bodily
injury"
or
"property
products.
damage" for which the vendor is
obligated
to
pay
damages
by
(2)
This insurance does not apply to any
reason
of
the
assumption
of
insured person or organization from
liability in a contract or agreement.
whom
you
have
acquired
such
This exclusion does not apply to
products, or any ingredient, part or
liability
for
damages
that
the
container,
entering
into,
vendor would have in the absence
accompanying
or
containing
such
of the contract or agreement;
products.
(b) Any
express
warranty
8.
Additional Insured – Controlling Interest
unauthorized by you;
C.
WHO IS AN INSURED under Section
is
(c) Any physical or chemical change
amended to include as an additional insured
in the product made intentionally
the person(s) or organization(s) shown in the
by the vendor;
Declarations
as
an
Additional
Insured
–
Controlling Interest, but only with respect to
(d) Repackaging,
unless
unpacked
their liability arising out of:
solely for the purpose of inspection,
demonstration,
testing,
or
the
a.
Their financial control of you; or
substitution
of
parts
under
b.
Premises they own, maintain or control
instructions from the manufacturer,
while you lease or occupy these premises.
and then repackaged in the original
container;
Form SS 00 08 04 05
Page 19 of 24

BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural
The limits of insurance that apply to additional
D.
alterations, new construction and demolition
insureds are described in Section
– Limits Of
operations performed by or for that person or
Insurance.
organization.
How this insurance applies when other insurance
9.
Additional Insured – Owners, Lessees Or
is available to an additional insured is described in
Contractors
–
Scheduled
Person
Or
E.
the Other Insurance Condition in Section
–
Organization
Liability
And
Medical
Expenses
General
Conditions.
a.
C.
WHO IS AN INSURED under Section
is
amended
to
include
as
an
additional
G. LIABILITY AND MEDICAL EXPENSES
insured the person(s) or organization(s)
DEFINITIONS
shown in the Declarations as an Additional
1.
"Advertisement" means the widespread public
Insured – Owner, Lessees Or Contractors,
dissemination of information or images that
but only with respect to liability for "bodily
has the purpose of inducing the sale of goods,
injury", "property damage" or "personal
products or services through:
and advertising injury" caused, in whole or
in part, by your acts or omissions or the
a. (1)
Radio;
acts or omissions of those acting on your
(2)
Television;
behalf:
(3)
Billboard;
(1)
In the performance of your ongoing
(4)
Magazine;
operations
for
the
additional
(5)
Newspaper;
insured(s); or
b.
The Internet, but only that part of a web
(2)
In
connection
with
"your
work"
site that is
about goods,
products or
performed for that additional insured
services for the purposes of inducing the
and
included
within
the
"products-
sale of goods, products or services; or
completed
operations
hazard",
but
c.
Any
other
publication
that
is
given
only if this Coverage Part provides
widespread public distribution.
coverage
for
"bodily
injury"
or
"property damage" included within the
However, "advertisement" does not include:
"products-completed
operations
a.
The design, printed material, information
hazard".
or images contained in, on or upon the
b.
With respect to the insurance afforded to
packaging or labeling of any goods or
these additional insureds, this insurance
products; or
does not apply to "bodily injury", "property
b.
An
interactive
conversation
between
or
damage"
or
"personal
an
advertising
among persons through a computer network.
injury" arising out of the rendering of, or
2.
"Advertising idea" means any idea for an
the failure to render, any professional
"advertisement".
architectural,
engineering
or
surveying
services, including:
3.
"Asbestos hazard" means an exposure or
threat of exposure to the actual or alleged
(1)
The preparing, approving, or failure to
properties of asbestos and includes the mere
prepare
or
approve,
maps,
shop
presence of asbestos in any form.
drawings, opinions, reports, surveys,
field orders, change orders, designs or
4.
"Auto" means a land motor vehicle, trailer or
drawings and specifications; or
semi-trailer
designed
for
travel
on
public
roads, including any attached machinery or
(2)
Supervisory, inspection, architectural
equipment.
But
"auto"
does
not include
or engineering activities.
"mobile equipment".
10. Additional Insured – Co-Owner Of Insured
5.
"Bodily injury" means physical:
Premises
a.
Injury;
C.
WHO IS AN INSURED under Section
is
amended to include as an additional insured
b.
Sickness; or
the person(s) or Organization(s) shown in the
c.
Disease
Declarations as an Additional Insured – Co-
sustained by a person and, if arising out of the
Owner Of Insured Premises, but only with
above, mental anguish or death at any time.
respect to their liability as co-owner of the
premises shown in the Declarations.
6.
"Coverage territory" means:
Page 20 of 24
Form SS 00 08 04 05

BUSINESS LIABILITY COVERAGE FORM
a.
b.
The United States of America (including its
You have failed to fulfill the terms of a
territories and possessions), Puerto Rico
contract or agreement;
and Canada;
if such property can be restored to use by:
b.
International waters or airspace, but only if
a.
The repair, replacement, adjustment or
the injury or damage occurs in the course
removal of "your product" or "your work";
of travel or transportation between any
or
a.
places included in
above;
b.
Your fulfilling the terms of the contract or
c.
All other parts of the world if the injury or
agreement.
damage arises out of:
12. "Insured contract" means:
(1)
Goods or products made or sold by you
a.
A
contract
for
a
lease
of
premises.
a.
in the territory described in
above;
However, that portion of the contract for a
(2)
The activities of a person whose home
lease of premises that indemnifies any
a
is
in
the
territory
described
in
.
person or organization for damage by fire,
above, but is away for a short time on
lightning or explosion to premises while
your business; or
rented to you or temporarily occupied by
(3)
"Personal
and
advertising
injury"
you
with
permission
of
the
owner
is
offenses that take place through the
subject
to
the
Damage
To
Premises
Internet or similar electronic means of
Rented To You limit described in Section
D.
communication
– Liability and Medical Expenses Limits
of Insurance.
provided the insured's responsibility to pay
b.
damages is determined in the United States of
A sidetrack agreement;
America
(including
its
territories
and
c.
Any
easement
or
license
agreement,
possessions), Puerto Rico or Canada, in a
including
an
easement
or
license
"suit"
on
the
merits
according
to
the
agreement in connection with construction
substantive law in such territory, or in a
or demolition operations on or within 50
settlement we agree to.
feet of a railroad;
7.
"Electronic data" means information, facts or
d.
Any obligation, as required by ordinance,
programs:
to
indemnify a
municipality,
except in
a.
Stored as or on;
connection with work for a municipality;
b.
Created or used on; or
e.
An elevator maintenance agreement; or
c.
Transmitted to or from
f.
That
part
of
any
other
contract
or
agreement pertaining to your business
computer
software, including
systems and
(including
an
indemnification
of
a
applications software, hard or floppy disks,
municipality
in
connection
with
work
CD-ROMS,
tapes,
drives,
cells,
data
performed for a municipality) under which
processing devices or any other media which
you assume the tort liability of another
are
used
with
electronically
controlled
party to pay for "bodily injury" or "property
equipment.
damage" to a third person or organization,
8.
"Employee"
includes
a
"leased
worker".
provided the "bodily injury" or "property
"Employee" does not include a "temporary
damage" is caused, in whole or in part, by
worker".
you or by those acting on your behalf.
9.
"Executive officer" means a person holding
Tort liability means a liability that would be
any of the officer positions created by your
imposed by law in the absence of any
charter, constitution, by-laws or any other
contract or agreement.
similar governing document.
f.
Paragraph
includes that part of any
10. "Hostile
fire"
means
one
which
becomes
contract or agreement that indemnifies a
uncontrollable or breaks out from where it was
railroad for "bodily injury" or "property
intended to be.
damage" arising out of construction or
demolition operations within 50 feet of any
11. "Impaired property" means tangible property,
railroad property and affecting any railroad
other than "your product" or "your work", that
bridge or trestle, tracks, road-beds, tunnel,
cannot be used or is less useful because:
underpass or crossing.
a.
It incorporates "your product" or "your work"
f.
However, Paragraph
does not include
that is known or thought to be defective,
that part of any contract or agreement:
deficient, inadequate or dangerous; or
Form SS 00 08 04 05
Page 21 of 24

BUSINESS LIABILITY COVERAGE FORM
(1)
(1)
That
indemnifies
an
architect,
Power
cranes,
shovels,
loaders,
engineer
or
surveyor
for
injury
or
diggers or drills; or
damage arising out of:
(2)
Road
construction
or
resurfacing
(a) Preparing, approving or failing to
equipment such as graders, scrapers
prepare or approve maps, shop
or rollers;
drawings,
opinions,
reports,
e.
a. b. c.
d.
Vehicles not described in
,
,
, or
surveys,
field
orders,
change
above that are not self-propelled and are
orders, designs or drawings and
maintained primarily to provide mobility to
specifications; or
permanently attached equipment of the
(b) Giving directions or instructions,
following types:
or failing to give them, if that is the
(1)
Air
compressors,
pumps
and
primary cause of the injury or
generators,
including
spraying,
damage; or
welding,
building
cleaning,
(2)
Under
which
the
insured,
if
an
geophysical exploration, lighting and
architect,
engineer
or
surveyor,
well servicing equipment; or
assumes
liability
for
an
injury
or
(2)
Cherry pickers and similar devices
damage arising out of the insured's
used to raise or lower workers;
rendering
or
failure
to
render
f.
a. b. c.
d.
Vehicles not described in
,
,
, or
professional services, including those
above maintained primarily for purposes
(1)
listed in
above and supervisory,
other than the transportation of persons or
inspection,
architectural
or
cargo.
engineering activities.
However, self-propelled vehicles with the
13. "Leased worker" means a person leased to
following types of permanently attached
you
by
a
labor
leasing
firm
under
an
equipment are not "mobile equipment" but
agreement between you and the labor leasing
will be considered "autos":
firm, to perform duties related to the conduct of
(1)
Equipment, of at least 1,000 pounds
your business.
"Leased worker" does not
gross
vehicle
weight,
designed
include a "temporary worker".
primarily for:
14. "Loading or unloading" means the handling of
(a) Snow removal;
property:
(b) Road
maintenance,
but
not
a.
After it is moved from the place where it is
construction or resurfacing; or
accepted for movement into or onto an
aircraft, watercraft or "auto";
(c) Street cleaning;
b.
While it is in or on an aircraft, watercraft or
(2)
Cherry pickers and similar devices
"auto"; or
mounted
on
automobile
or
truck
chassis and used to raise or lower
c.
While it is being moved from an aircraft,
workers; and
watercraft or "auto" to the place where it is
finally delivered;
(3)
Air
compressors,
pumps
and
generators,
including
spraying,
but "loading or unloading" does not include the
welding,
building
cleaning,
movement of property by means of a mechanical
geophysical exploration, lighting and
device, other than a hand truck, that is not
well servicing equipment.
attached to the aircraft, watercraft or "auto".
16. "Occurrence"
means
an
accident,
including
15. "Mobile equipment" means any of the following
continuous or repeated exposure to substantially
types of land vehicles, including any attached
the same general harmful conditions.
machinery or equipment:
17. "Personal and advertising injury" means injury,
a.
Bulldozers, farm machinery, forklifts and
including consequential "bodily injury", arising
other vehicles designed for use principally
out of one or more of the following offenses:
off public roads;
a.
False arrest, detention or imprisonment;
b.
Vehicles maintained for use solely on or
next to premises you own or rent;
b.
Malicious prosecution;
c.
Vehicles that travel on crawler treads;
d.
Vehicles, whether self-propelled or not, on
which are permanently mounted:
Page 22 of 24
Form SS 00 08 04 05

BUSINESS LIABILITY COVERAGE FORM
c.
The wrongful eviction from, wrongful entry
Work that may need service, maintenance,
into, or invasion of the right of private
correction,
repair
or
replacement,
but
occupancy
of
a
room,
dwelling
or
which
is
otherwise
complete,
will
be
premises
that
the
person
occupies,
treated as completed.
committed by or on behalf of its owner,
The "bodily injury" or "property damage"
landlord or lessor;
must occur away from premises you own
d.
Oral, written or electronic publication of
or rent, unless your business includes the
material that slanders or libels a person or
selling, handling or distribution of "your
organization or disparages a person's or
product" for consumption on premises you
organization's goods, products or services;
own or rent.
e.
b.
Oral, written or electronic publication of
Does
not
include
"bodily
injury"
or
material that violates a person's right of
"property damage" arising out of:
privacy;
(1)
The transportation of property, unless
f.
Copying,
in
your
"advertisement",
a
the injury or damage arises out of a
person’s
or
organization’s
"advertising
condition in or on a vehicle not owned
idea" or style of "advertisement";
or operated by you, and that condition
was
created
by
the
"loading
or
g.
Infringement of copyright, slogan, or title of
unloading"
of
that
vehicle
by
any
any
literary
or
artistic
work,
in
your
insured; or
"advertisement"; or
(2)
The existence of tools, uninstalled
h.
Discrimination or humiliation that results in
equipment or abandoned or unused
injury to the feelings or reputation of a
materials.
natural person.
20. "Property damage" means:
18. "Pollutants" means any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
a.
Physical
injury
to
tangible
property,
vapor, soot, fumes, acids, alkalis, chemicals and
including all resulting loss of use of that
waste. Waste includes materials to be recycled,
property.
All such loss of use shall be
reconditioned or reclaimed.
deemed
to
occur
at the
time
of
the
physical injury that caused it; or
19. "Products-completed operations hazard";
b.
Loss of use of tangible property that is not
a.
Includes all "bodily injury" and "property
physically injured.
All such loss of use
damage" occurring away from premises
shall be deemed to occur at the time of
you own or rent and arising out of "your
"occurrence" that caused it.
product" or "your work" except:
As used in this definition, "electronic data" is
(1)
Products that are still in your physical
not tangible property.
possession; or
21. "Suit"
means a civil
proceeding in which
(2)
Work that has not yet been completed
damages because of "bodily injury", "property
or abandoned. However, "your work"
damage" or "personal and advertising injury"
will be deemed to be completed at the
to which this insurance applies are alleged.
earliest of the following times:
"Suit" includes:
(a) When all of the work called for in
a.
An arbitration proceeding in which such
your contract has been completed.
damages are claimed and to which the
(b) When all of the work to be done at
insured must submit or does submit with
the job site has been completed if
our consent; or
your contract calls for work at
b.
Any other alternative dispute resolution
more than one job site.
proceeding in which such damages are
(c) When that part of the work done at
claimed and to which the insured submits
a job site has been put to its
with our consent.
intended use by any person or
22. "Temporary worker" means a person who is
organization other than another
furnished to you to substitute for a permanent
contractor
or
subcontractor
"employee" on leave or to meet seasonal or
working on the same project.
short-term workload conditions.
23. "Volunteer worker" means a person who:
a.
Is not your "employee";
Form SS 00 08 04 05
Page 23 of 24

BUSINESS LIABILITY COVERAGE FORM
b.
(2)
Donates his or her work;
The providing of or failure to provide
warnings or instructions.
c.
Acts at the direction of and within the
c.
scope of duties determined by you; and
Does not include vending machines or
d.
Is
not
paid
a
fee,
salary
or
other
other property rented to or located for the
compensation by you or anyone else for
use of others but not sold.
their work performed for you.
25. "Your work":
24. "Your product":
a.
Means:
a.
Means:
(1)
Work or operations performed by you
(1)
Any goods or products, other than real
or on your behalf; and
property, manufactured, sold, handled,
(2)
Materials,
parts
or
equipment
distributed or disposed of by:
furnished in connection with such work
(a) You;
or operations.
(b)
b.
Others trading under your name;
Includes:
or
(1)
Warranties or representations made at
(c) A person or organization whose
any time with respect to the fitness,
business
or
assets
you
have
quality, durability, performance or use
acquired; and
of "your work"; and
(2)
(2)
Containers
(other
than
vehicles),
The providing of or failure to provide
materials,
parts
or
equipment
warnings or instructions.
furnished
in
connection
with
such
goods or products.
b.
Includes:
(1)
Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of "your product"; and
Page 24 of 24
Form SS 00 08 04 05