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Home My WebLink About2022-142-E-DEAPR-Eastern Turf Maintenance-Soccer field maintenance DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9 [Departmental Use Only] TITLE W10 Verticut Field FY 21-22 NORTH CAROLINA SERVICES AGREEMENT NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter "Agreement"), made and entered into this 13th day of April, 2022, ("Effective Date") by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Eastern Turf Maintenance, (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type ofproject): Soccer field maintenance at Soccer.com Center ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional Revised 06/21 1 DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9 quality, accuracy and timely completion and submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) In determining the Basic Services to be provided, should any documents be referenced in this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. vii) Should this Agreement involve project designs, the construction or creation of which is to be bid out or fulfilled by other contractors, and bidding or negotiation with contractors produce prices which, when added to the other elements of the approved total project cost, produce a cost that is in excess of the approved total project cost, the Provider shall participate with the County in negotiation and design adjustments to the extent such are necessary to obtain prices within the approved total project cost. All activity of the Provider with respect to these matters shall constitute Basic Services and shall be performed by the Provider without additional compensation. If negotiation and design adjustments fail to bring costs within the total project cost the County may reject all bids and Provider will redesign or reduce portions of the project in an effort to reduce the bid prices to within the total project cost and rebid the project. One such redesign is included within Basic Services. If this second letting for bids does not produce bids that are within the approved total project cost initially or after negotiations with the contractor the cost is not reduced to an amount within the total project cost, the Provider is not obligated to engage in further redesign. Revised 06/21 2 DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): per quote (Attachment A), verticut approximately 3.7 acres; sweep material and dispose of material on site. 4. Duration of Services a. Term. The term of this Agreement shall be from April 13, 2022 to August 31, 2022. b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be May 1, 2022. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services satisfactorily (as determined by the County) performed pursuant to this Agreement. The maximum amount payable for Basic Services shall not exceed five thousand eight hundred seventy- five Dollars ($5,875.00). Payment for satisfactorily performed Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated (Daniel Culbreth, Turfgrass Manager) to act as the County's representative with respect to the Project who shall have the authority to render decisions within guidelines established by the County Manager or the County Board of Commissioners and who shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. Revised 06/21 3 DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9 7. Insurance a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A(if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 8. Indemnity a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days' prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven(7) days'prior written notice of its intent to terminate this Agreement for cause. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impractical due to declarations of emergency by Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall remain responsible for all payment and performance due up to the receipt of such notice, but shall have no further obligation or responsibility beyond that date provided the Revised 06/21 4 DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9 terminating party has taken all reasonable steps to complete the performance of its obligations. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. Upon request of the County, the Provider shall submit to County all relevant documentation, including but not limited to, job cost records, to support its claims for final compensation. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County's convenience and without penalty to County upon three (3) days' notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. c. Non-Discrimination. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal non-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy(each policy Revised 06/21 5 DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9 is incorporated herein by reference and may be viewed at hqp://www.oran eg countync._o�partments/purchasing division/contracts.php.) Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider's performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable or not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability or non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement. In the event of a change in the County's statutory authority, mandate or mandated functions, by state or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County's legal authority. Revised 06/21 6 DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9 i. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider's Name Attention:Daniel Culbreth Deb Teague P.O. Box 8181 PO Box 3629 Hillsborough,NC 27278 New Bern,NC 28564 [SIGNATURE PAGE TO FOLLOW] Revised 06/21 7 DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: DocuSigned by: DocuSigned by: By. By. �t,l�V'a AFC1764E8B774B3... Bonnie Hammersley Deb Teague, Operations Manager Printed Name and Title Revised 06/21 8 DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9 ORANGE COUNTY—DEPARTMENT USE ONLY Party/Vendor Name: Eastern Turf Maintenance Party/Vendor Contact Person: Deb Teague Contact Phone: 252- 247-5296 Party/Vendor Address: PO Box 3629 City New Bern State: NC Zip: 28564 Department: DEAPR Amount: $5,875.00 Purpose: Soccer field maintenance Budget Code(s): 10515020 630000 20026 Vendor#62563 (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑ No® Contract Type: (Check one) New Renewal ❑ Amendment ❑ Effective Date April 13, 2022 Approved by Board Yes❑ No® Agenda Date: ---For Section XIV.c. contracts only,Approved by Board in Current FY Budget Yes❑No® This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated o Yff&"%n of the agreement: NV-1, stag,(, 4/13/2022 Department Director's Signature Date: Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: Information Technologies (Applicable only to hardware/software purchases or related services)This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer Date: Risk Management This agreement is approved for sufficiency of' aaa�@&Amjlards,specifications,and requirements: Q�tSa Office of the Risk Management Officer rbvvulTb Date: 4/13/2022 9176886498 Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: DocuSigned by: Office of the Chief Financial Officer - Date: 4/14/2022 Legal Services This agreement is approved as to le &ffl W-fficiency: �awm.S br�ailn, 4/14/2022 Office of the County Attorney Date: Clerk to the Board Received for record retention: All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board Date: Revised 06/21 9 DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9 Eastern Turf Maintenance February 28, 2022 Daniel Culbreth Orange County Parks & Recreation Soccer.com Center 4701 West Ten Road Efland, NC 27243 Daniel: Thank you for allowing Eastern Turf Maintenance the opportunity to provide the proposal for the middle soccer field at the Soccer.com Center. Please review the quote below. -Verticut approximately 3.7 acres. Sweep material and dispose of material on site. Total $5,875 *Work to be done in June *Prices are as of March 2022 and are subject to change Should you have any questions, please feel free to contact Brinkley Wagstaff at 919.605.4506 or Kenny Carrick at 336.250.9447. If you would like to utilize Eastern Turf Maintenance to provide these services, please sign and return a copy of this document to dfreehafergetmlawncare.com so we can add you to our schedule. We look forward to the opportunity to work with you. Signature Date Printed Name etmlawncare.com PO Box 3629,New Bern,NC 28564 Greater Raleigh/New Bern/Morehead City/Greenville areas: 252.247.5296 Greater Wilmington/Leland/Shallotte areas: 910.755.5296 DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9 DATE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 04/12/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Patty Miller NAME: Business Insurers of Carolinas aCONN0 Ext: (919)968-4611 /X No: (919)968-8991 800 Eastowne Drive,Suite 208 E-MAIL pmiller@business-insurers.com ADDRESS: PO Box 2536 INSURER(S)AFFORDING COVERAGE NAIC# Chapel Hill NC 27515-2536 INSURERA: Penn National Security 32441 INSURED INSURER B: PA National Mutual Cas Inc Eastern Turf Maintenance Inc. INSURER C: Accident Fund National Ins Co 12305 3618 Corbin Street INSURER D: INSURER E: Raleigh NC 27612 INSURER F: COVERAGES CERTIFICATE NUMBER: CL223734365 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCEADDLSUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE F OCCUR PRIM SES Ea :Nru ence $ 100'000 MED EXP(Any one person) $ 5,000 A Y CX9 0727704 03/15/2022 03/15/2023 PERSONAL&ADV INJURY $ 1,000,000 MOTHER LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JECT: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y AX9 0727704 03/15/2022 03/15/2023 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accidHent UM/UIM Coverage $ 100,000 X UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 3,000,000 B EXCESS LAB CLAIMS-MADE UL90727704 03/15/2022 03/15/2023 AGGREGATE $ 3,000,000 X DED RETENTION $ 10,000 Follows GL,AL,WC $ WORKERS COMPENSATION 'NJSTATUTE ER PER H AND EMPLOYERS'LIABILITY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ C OFFICER/MEMBER EXCLUDED? NIA Y AF WCP 100014470 01 03/15/2022 03/15/2023 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Leased/Rented Equipment CX9 0727704 03/15/2022 03/15/2023 $60,000 ACV Ded$500 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Blanket Additional Insured including Waiver of Subrogation per written contract per attached policy forms in favor of the certificate holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Orange County Dept of Environment Agriculture,Parks&Recreation ACCORDANCE WITH THE POLICY PROVISIONS. 4710 West Ten Road AUTHORIZED REPRESENTATIVE Efland NC 27243 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9 PENN NATIONAL INSURANCE Feet Secure" Pennsylvania National Mutual Casualty Insurance Company Penn National Security Insurance Company Post Office Box 2361 Polic # CX9 0727704 Harrisburg PA 17105105-2361 y THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY PENNPAC PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM I. Damage To Your Work LIMITED PRODUCT WITHDRAWAL The following is added to Section I—Coverages, EXPENSE COVERAGE Coverage A Bodily Injury and Property Damage Liability, Paragraph 1. Insuring Agreement: 1. Insuring Agreement f. Damages because of"property damage" include a. We will reimburse you for"product damages the insured becomes legally obligated withdrawal expenses" incurred by you to pay because of"property damage"to "your because of a "product withdrawal"to work" and shall be deemed to be caused by an which this insurance applies. "occurrence", but only if: The most we will pay for"product (1) The "property damage" is the result of work withdrawal expenses" is$10,000 or performed on your behalf by a the Limit Of Insurance shown in the subcontractor(s)that is not a Named Declarations or Schedule, whichever Insured; is higher. (2) The work performed by the subcontractor(s) b. This insurance applies to a "product is within the "products-completed operations withdrawal" only if the "product hazard"; and withdrawal" is initiated in the "coverage territory" during the policy period (3) The "property damage" is unexpected and because: unintended from the standpoint of the insured. (1) You determine that the "product withdrawal" is necessary; or For the purposes of this coverage, the definition of "Occurrence" in SECTION V— DEFINITIONS is (2) An authorized government entity replaced with the following: has ordered you to conduct a "product withdrawal". 13. "Occurrence" means an accident, including c. We will reimburse "product withdrawal continuous or repeated exposure to expenses" only if: substantially the same general harmful conditions. An accident shall include "property (1) The expenses are incurred within damage" to other than "your work" arising from one year of the date the "product "your work". withdrawal"was initiated; II. Limited Product Withdrawal Expense Coverage (2) The expenses are reported to us A. The following is added to Section I - within one year of the date the Coverages expenses were incurred. 71 1403 1115 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 10 Copyright Insurance Services Office, Inc., 1984, 1992,2003,2004,2006,2013 DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9 d. The initiation of a "product withdrawal" c. Deterioration, Decomposition Or will be deemed to have been made only Chemical Transformation at the earliest of the following times: Any "product withdrawal" initiated due to (1) When you first announced, in any transformation of a chemical nature, manner, to the general public, your deterioration or decomposition of "your vendors or to your employees (other product". This exclusion does not apply than those employees directly if it is caused by: involved in making the determination) your decision to (1) An error in manufacturing, design, conduct or participate in a "product withdrawal". This applies regardless or processing; of whether the determination to (2) Transportation of"your product"; or conduct a "product withdrawal" is made by you or is requested by a (3) "Product tampering". third party; or (2) When you first received, either orally d. Goodwill, Market Share, Revenue, or in writing, notification of an order Profit Or Redesign from an authorized government The costs of regaining entity to conduct a productoodwill, market g withdrawal". share, revenue or "profit" or the costs of redesigning "your product". e. "Product withdrawal expenses" incurred to withdraw "your products" which e. Expiration Of Shelf Life contain the same or substantially similar "defects" will be deemed to have arisen Any"product withdrawal" initiated due to out of the same "product withdrawal". expiration of the designated shelf life of "your product". 2. Exclusions f. Known Defect This insurance does not apply to "product withdrawal expenses" arising out of: A "product withdrawal", initiated a. Breach Of Warranty And Failure To because of a "defect" in "your product" Conform To Intended Purpose known to exist by the Named Insured or the Named Insureds executive officers", prior to the date when this Any "product withdrawal" initiated due to Coverage Part was first issued to you or the failure of "your product" to prior to the time "your product" leaves accomplish their intended purpose, your control or possession. including any breach of warranty of fitness, whether written or implied. This g. Otherwise Excluded Products exclusion does not apply if such failure has caused or is reasonably expected to A recall of any specific products for cause "bodily injury" or physical damage which "bodily injury" or "property to tangible property other than "your damage" is excluded under Coverage A product". Bodily Injury And Property Damage Liability by endorsement. b. Infringement Of Copyright, Patent, Trade Secret, Trade Dress Or h. Governmental Ban Trademark A recall when "your product" or a Any "product withdrawal" initiated due to component contained within "your copyright, patent, trade secret, trade product" has been: dress or trademark infringements. 71 1403 1115 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 10 Copyright Insurance Services Office, Inc., 1984, 1992,2003,2004,2006,2013 DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9 (1) Banned from the market by an 2. Intentionally concealed or misrepresented a authorized government entity prior material fact concerning a "product to the policy period; or withdrawal" or "product withdrawal expenses" incurred by you. (2) Distributed or sold by you subsequent to any governmental C. The following definitions are added to Section V ban. - Definitions: i. Defense Of Claim 1. "Defect" means a defect, deficiency or The defense of a claim or suit inadequacy that creates a dangerous against condition. you for liability arising out of a "product withdrawal". 2. "Product tampering" is an act of intentional alteration of "your product" which has j. Third Party Damages, Fines And caused or is reasonably expected to cause Penalties "bodily injury" or physical injury to tangible Any compensatory damages, fines, property other than "your product". penalties, punitive or exemplary or other When "product tampering" is known, non-compensatory damages imposed suspected or threatened, a "product upon the insured. withdrawal' will be limited to those batches of "your product" which are known or k. Pollution-Related Expenses suspected to have been tampered with. Any loss, cost or expense due to any: For the purposes of this insurance, (1) Request, demand, order, statutory electronic data is not tangible property. or regulatory requirement that any As used in this definition, electronic data insured or others test for, monitor, means information, facts or programs stored clean up, remove, contain, treat, as or on, created or used on, or transmitted detoxify or neutralize, or in any way to or from computer software, including respond to, or assess the effects of, systems and applications software, hard or "pollutants"; or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media (2) Claim or suit or behalf which are used with electronically controlled governmental authority for damages equipment. because of testing for, monitoring, cleaning up, removing, containing, 3. "Product withdrawal' means the recall or treating, detoxifying or neutralizing, withdrawal: or in any way responding to, or assessing the effects of, a. From the market; or "pollutants". b. From use by any other person or B. For the purposes of this coverage, the following organization; condition is added to Section IV — Commercial General Liability Conditions: of"your products", or products which contain "your products", because of known or Concealment Or Fraud suspected "defects" in "your product", or known or suspected "product tampering", We will not provide coverage to you, or any which has caused or is reasonably expected other insured, who at any time: to cause "bodily injury" or physical injury to tangible property other than "your product'. 1. Engaged in fraudulent conduct; or 71 1403 1115 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 3 of 10 Copyright Insurance Services Office, Inc., 1984, 1992,2003,2004,2006,2013 DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9 For the purposes of this insurance, (2) A watercraft you do not own that is: electronic data is not tangible property. (a) Less than 51 feet long; and As used in this definition, electronic data means information, facts or programs stored (b) Not being used to carry persons as or on, created or used on, or transmitted or property for a charge; to or from computer software, including systems and applications software, hard or b. Paragraph Ill.a. applies to any person floppy disks, CD-ROMS, tapes, drives, cells, who, with your expressed or implied data processing devices or any other media consent, either uses or is responsible for which are used with electronically controlled the use of a watercraft. equipment. 4. "Product withdrawal expenses" means those c. Paragraphs Ill.a. and Ill.b. do not apply if reasonable and necessary extra expenses, the insured has any other insurance for listed below, paid and directly related to a "bodily injury" or"property damage" liability "product withdrawal": that would also apply to loss covered under this provision, whether the other a. Costs of notification; insurance is primary, excess, contingent or on any other basis. In that case, this b. Costs of stationery, envelopes, Provision III. does not provide any production of announcements and insurance. postage or facsimiles; d. Paragraph Ill.c. does not apply to a policy c. Costs of overtime paid to your regular written to apply specifically in excess of non-salaried employees and costs this policy. incurred by your employees, including costs of transportation and IV. Consolidated Insurance (Wrap — Up) accommodations; Program The following exclusion is added to Paragraph 2. d. Costs of computer time; Exclusions of Section I — Coverages, Coverage A e. Costs of hiring independent contractors Bodily Injury And Property Damage Liability: and other temporary employees; This insurance does not apply to "bodily injury" or "property damage" arising out of either your ongoing f. Costs of transportation, shipping or operations or operations included within the packaging; "products-completed operations hazard" if such operations were at any time subject to a g. Costs of warehouse or storage space; "consolidated insurance (wrap-up) program". or This exclusion applies whether or not the h. Costs of proper disposal of "your "consolidated insurance (wrap-up) program" products", or products that contain "your provided: products", that cannot be reused, not exceeding your purchase price or your (1) Coverage identical to that provided by this cost to produce the products. Coverage Part; 5. "Profit" means the positive gain from (2) Limits adequate to cover all claims; or business operation after subtracting for all expenses. (3) Coverage that remains in effect. III. Non-Owned Watercraft This exclusion applies regardless of whether such a. Exclusion g. Paragraph (2) of Section I — operations are or were conducted by you or on your Coverages, Coverage A Bodily Injury behalf. And Property Damage Liability is deleted and replaced by the following: 71 1403 1115 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 4 of 10 Copyright Insurance Services Office, Inc., 1984, 1992,2003,2004,2006,2013 DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9 This exclusion does not apply to your operations c. Paragraph VI.b. does not apply to a policy away from a "consolidated insurance (wrap-up) written to apply specifically in excess of program" project site incidental to the support of this policy. such a project and not included within the "consolidated insurance (wrap-up) program". VII. Newly Formed or Acquired Organizations In Paragraph 3.a. of Section II - Who Is An This exclusion does not apply to "bodily injury" or Insured, 90th day is changed to 180th day. "property damage" within the "products-completed operations hazard" if all coverage available to the Vill. Incidental Malpractice Liability - Nurse, insured for the "products-completed operations EMT, or Paramedic hazard" in a "consolidated insurance (wrap-up) program" has been cancelled, non-renewed or Paragraph 2.a.(1)(d) of Section II - Who Is An Insured is deleted and replaced by the otherwise no longer applies for reasons other than the exhaustion of all available limits, whether such following: limits are available on a primary, excess or on any other basis. (d) Arising out of his or her providing or failing to provide professional health care "Consolidated insurance (wrap-up) program" means services. However, if you have any agreement or arrangement, including any "employees" who are a nurse, emergency contractor-controlled, owner-controlled or similar medical technician or paramedic, they are insurance program, under which some or all of the an insured with respect to their providing contractors working on a specific project or specific or failing to provide professional health projects, are required to participate in a program to care services to your"employees". obtain insurance that: IX. Automatic Additional Insureds (1) Includes same or similar insurance as that Section II -Who Is An Insured is amended to provided by this Coverage Part; and add: (2) Is issued specifically for "bodily injury" or a. The Lessor of Leased Equipment from "property damage" arising out of such project or whom you lease equipment when you and projects. such person or organization have agreed V. Supplementary Payments Increased Limits in writing in a contract or agreement that In the Supplementary Payments - such person or organization be added as Coverages A And B provision of Section I - an additional insured on your policy. Such person or organization is an insured only Coverages: with respect to liability for "bodily injury", a. The limit for the cost of bail bonds is "property damage" or "personal and changed from $250 to $2000. advertising injury" caused, in whole or in part, by your maintenance, operation or VI. Broad Form Named Insured use of equipment leased to you by such a. Section II — Who Is An Insured is person or organization. amended to include as an insured any organization or subsidiary thereof, other A person's or organization's status as an than a partnership, joint venture, or limited additional insured under this insurance liability company, which is a legally ends when their contract or agreement incorporated entity of which you own a with you for such leased equipment ends. financial interest of more than 50 percent of the voting stock on the effective date of With respect to the insurance afforded to this endorsement. these additional insureds, this insurance b. Paragraph Vl.a. does not apply to injury or does not apply to any "occurrence" which damage with respect to which an insured takes place after the equipment leaseexpires. under this policy is also an insured under another policy or would be an insured b. The Grantor of Franchise when you and under such policy but for its termination or such person or organization have agreed upon the exhaustion of its limits of in writing in a contract or agreement that insurance. such person or organization be added as 71 1403 1115 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 5 of 10 Copyright Insurance Services Office, Inc., 1984, 1992,2003,2004,2006,2013 DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9 an additional insured on your policy. Such demolition operations performed by or for person or organization is an insured only that person or organization. with respect to their liability as grantor of a franchise to you. e. The Vendor when you and such person or organization have agreed in writing in a A person's or organization's status as an contract or agreement that such person or additional insured under this insurance organization be added as an additional ends when their contract or agreement insured on your policy. Such person or with you for such franchise ends. organization is an insured only with respect to "bodily injury" or "property c. The Manager or Lessor of premises damage" arising out of "your products" when you and such person or organization which are distributed or sold in the regular have agreed in writing in a contract or course of the vendor's business, subject to agreement that such person or the following additional exclusions: organization be added as an additional insured on your policy. Such person or (1) The insurance afforded the vendor organization is an insured only with does not apply to: respect to liability arising out of the ownership, maintenance or use of that (a) "Bodily injury" or "property part of the premises leased to you. damage" for which the vendor is obligated to pay damages by A person's or organization's status as an reason of the assumption of additional insured under this insurance liability in a contract or agreement. ends when their contract or agreement This exclusion does not apply to with you for such leased premises ends. liability for damages that the vendor would have in the absence This insurance does not apply to: of the contract or agreement; (1) Any "occurrence" which takes place (b) Any express warranty after you cease to be a tenant in that unauthorized by you; premises. (c) Any physical or chemical change (2) Structural alterations, new in the product made intentionally construction or demolition operations by the vendor; performed by or on behalf of the (d) Repackaging, except when manager or lessor of premises. unpacked solely for the purpose of inspection, demonstration, testing, d. The Mortgagee, Assignee, or Receiver or the substitution of parts under when you and such person or organization instructions from the have agreed in writing in a contract or manufacturer, and then agreement that such person or repackaged in the original organization be added as an additional container; insured on your policy. Such person or organization is an insured only with (e) Any failure to make such respect to their liability as mortgagee, inspections, adjustments, tests or assignee, or receiver and arising out of the servicing as the vendor has ownership, maintenance or use of the agreed to make or normally premises by you. undertakes to make in the usual course of business, in connection A person's or organization's status as an with the distribution or sale of the additional insured under this insurance products; ends when their contract or agreement with you for such premises ends. This insurance does not apply to structural alterations, new construction and 71 1403 1115 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 6 of 10 Copyright Insurance Services Office, Inc., 1984, 1992,2003,2004,2006,2013 DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9 (f) Demonstration, installation, XI. Electronic Data Liability servicing or repair operations, except such operations performed a. Exclusion 2.p. of Coverage A Bodily at the vendor's premises in Injury And Property Damage Liability in connection with the sale of the Section I —Coverages is replaced by the product; following: (g) Products which, after distribution 2. Exclusions or sale by you, have been labeled This insurance does not apply to: or relabeled or used as a container, part or ingredient of any p. Access Or Disclosure Of other thing or substance by or for the vendor; or Confidential Or Personal Information And Data-related (h) "Bodily injury" or "property Liability damage" arising out of the sole negligence of the vendor for its Damages arising out of: own acts or omissions or those of its employees or anyone else (1) Any access to or disclosure of any acting on its behalf. However, this person's or organization's exclusion does not apply to: confidential or personal information, including patents, trade secrets, (1) The exceptions contained in processing methods, customer lists, Sub-paragraphs (d) or(f); or financial information, credit card information, health information or (ii) Such inspections, any other type of nonpublic adjustments, tests or servicing information; or as the vendor has agreed to (2) The loss of, loss of use of, damage make or normally undertakes to, corruption of, inability to access to make in the usual course of or inability to manipulate "electronic business, in connection with data"that does not result from the distribution or sale of the injury to tangible property. products. physical y g p p y (2) This insurance does not apply to any This exclusion applies even if damages insured person or organization, from are claimed for notification costs, credit whom you have acquired such monitoring, expenses, forensic products, or any ingredient, part or expenses, public relations expenses or container, entering into, any other loss, cost or expense incurred accompanying or containing such by you or others arising out of that which products. is described in Paragraph (1) or(2) above. X. Amendment - Aggregate Limits of Insurance However, unless Paragraph (1) The General Aggregate Limit under the above applies, this exclusion does Section III - Limits Of Insurance applies not apply to damages because of separately to each of your: "bodily injury". a. Projects away from premises owned by or b. The following is added to Paragraph 2. rented to you; Exclusions of Section I- Coverage B— Personal And Advertising Injury b. "Locations" owned by or rented to you. Liability: "Location" means premises involving the same 2. Exclusions or connecting lots, or premises whose This insurance does not apply to: connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 71 1403 1115 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 7 of 10 Copyright Insurance Services Office, Inc., 1984, 1992,2003,2004,2006,2013 DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9 Access Or Disclosure Of f. For the purposes of this coverage, the Confidential Or Personal definition of"Property Damage" in Section Information V- Definitions is deleted and replaced by the following: "Personal and advertising injury" arising out of any access to or 17. "Property damage" means: disclosure of any person's or organization's confidential or personal a. Physical injury to tangible information, including patents, trade property, including all resulting secrets, processing methods, loss of use of that property. All customer lists, financial information, such loss of use shall be deemed credit card information, health to occur at the time of the physical information or any other type of injury that caused it; nonpublic information, b. Loss of use of tangible property This exclusion applies even if that is not physically injured. All damages are claimed for notification such loss of use shall be deemed costs, credit monitoring expenses, to occur at the time of the forensic expenses, public relations "occurrence"that caused it; or expenses or any other loss, cost or expense incurred by you or others c. Loss of, loss of use of, damage to, arising out of any access to or corruption of, inability to access, disclosure of any person's or or inability to properly manipulate organization's confidential or personal "electronic data", resulting from information. physical injury to tangible property. All such loss of c. The following paragraph is added to "electronic data" shall be deemed Section III —Limits Of Insurance: to occur at the time of the "occurrence"that caused it. Subject to 5. above, the most we will pay under Coverage A for"property damage", For the purposes of this insurance, because of all loss of"electronic data" is "electronic data" is not tangible $50,000 each "occurrence" subject to the property. $50,000 aggregate or the Electronic Data Liability Limit shown in the Declarations or XII. Duties in the Event of Occurrence, Claim or Schedule, whichever is higher. Suit Redefined a. The requirement in Condition 2.a. of d. Paragraph XI.c. does not apply to Section IV — Commercial General "property damage" arising out of damage Liability Conditions that you must see to to"electronic data" on embedded it that we are notified of an "occurrence" controllers used to operate or maintain only applies when the "occurrence" or building equipment. offense is known to: e. The following definition is added to (1) You, if you are an individual; Section V-Definitions: " Electronic data" means information, facts (2) A partner, if you are a partnership; or or programs stored as or on, created or (3) An officer of the corporation or used on, or transmitted to or from insurance manager, if you are a computer software including systems and applications software, hard or floppy disks, corporation. CD-ROMS, tapes, drives, cells, data b. The requirement in Condition 2.b. of processing devices or any other media Section IV — Commercial General which are used with electronically Liability Conditions that you must see to controlled equipment. it that we receive notice of a claim or"suit" will not be considered breached unless 71 1403 1115 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 8 of 10 Copyright Insurance Services Office, Inc., 1984, 1992,2003,2004,2006,2013 DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9 the breach occurs after such claim or"suit' premium within 45 days prior to or during the policy is known to: period, the broadened coverage will immediately apply to this policy. (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An officer of the corporation or XVIII.Voluntary Property Damage insurance manager, if you are a a. We will pay, at the request of any Named corporation. Insured, for"voluntary property damage"to the property of others provided: XIII.Transfer Of Rights Of Recovery Against Others To Us 1. the "voluntary property damage" occurs The following is added to 8. Transfer Of Rights while such property is in the care, custody or Of Recovery Against Others To Us condition in control of an insured or to property over Section IV — Commercial General Liability which an insured is, for any purpose, Conditions: exercising physical control; 2. the "voluntary property damage" arises out We waive any right of recovery we may have of operations away from the premises against any person(s) or organization(s) because owned by, rented to, or controlled by the of payments we make for injury or damage arising Named Insured; and out of your ongoing operations or"your work" done 3. the "property damage" coverage of the under a contract with that person(s) or policy would extend to the operation causing organization(s) and included in the "products- the loss. completed operations hazard". This waiver applies only to the person(s) or organizations(s) with b. The insurance under this coverage does not whom you have agreed in a written contract or apply to"voluntary property damage"to agreement to waive your right of recovery. property: XIV. Bodily Injury Redefined 1. while being transported by, or caused by the The definition of "bodily injury' in Section V - ownership, maintenance, operation, use, Definitions is deleted and replaced by the loading or unloading of any automobile, following: watercraft or aircraft; or 2. rented to any Named Insured. 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person including c. This insurance will apply only to loss that is in mental anguish or death resulting from any of excess of$250 for each "occurrence." these. d. The most we will pay under this coverage is XV. Mobile Equipment Redefined $1,000 for each "occurrence" subject to$2,000 Paragraph 121 subparagraph (1) of Section V - aggregate for the policy year. Definitions does not apply to self-propelled vehicles of less than 1000 pounds gross vehicle The each "occurrence" and aggregate limit is weight. in addition to the each "occurrence" and aggregate limit of the Voluntary Property XVI. Unintentional Errors or Omissions Damage limit provided in the Contractors We will not deny coverage under this Coverage Special Liability endorsement 70 1909 if Part because of the unintentional omission of, or attached to this policy. unintentional error in, any information provided by you. However, this provision does not affect our e. Payment under this coverage will not include right to collect additional premium or exercise our any prospective profit or overhead charges of right of cancellation or non-renewal. any nature. XVI I.Liberalization f. "Voluntary property damage" as used in this If we adopt any revision that would broaden the coverage means physical injury to tangible coverage under this policy without additional 71 1403 1115 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 9 of 10 Copyright Insurance Services Office, Inc., 1984, 1992,2003,2004,2006,2013 DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9 property and does not include disappearance, abstraction or loss of use. XIX. Special Broad Form Property Damage Liability Coverage a. Section 1. Coverage A., 2. Exclusion,j. Damage To Property, Paragraphs j.(3),j.(4), and j.(5) are modified as follows: Exclusions j.(3),j.(4) and j.(5) do not apply to the first$1,000 of"property damage"for each "occurrence"that would otherwise be insured except for the application of these exclusions, as long as the"occurrence"takes place away from the premises you own, rent or control. The limit above is in addition to the limit for Special Broad Form Property Damage Liability Coverage 70 1909 if attached to this policy. 71 1403 1115 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 10 of 10 Copyright Insurance Services Office, Inc., 1984, 1992,2003,2004,2006,2013 DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9 PENN NATIONAL ® INSURANCE policy# CX9 0727704 Pennsylvania National Mutual Casualty Insurance Company Penn National Security Insurance Company P.O.Box 2361 Harrisburg,PA 17105-2361 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY AUTOMATIC ADDITIONAL INSUREDS -- OWNERS, CONTRACTORS AND SUBCONTRACTORS (ONGOING OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following provision is added to SECTION II - advertising injury" arising out of the rendering WHO IS AN INSURED of, or the failure to render, any professional architectural, engineering or surveying 1. Any person(s) or organization(s) (referred to services, including: below as additional insured) for whom you a. The preparing, approving, or failing to are performing operations when you and prepare or approve, maps, shop drawings, such person or organization have agreed in opinions, reports, surveys, field orders, writing in a contract or agreement that such change orders or drawings, designs and person or organization be added as an specifications; and additional insured on your policy. Such person or organization is an additional b. Supervisory, inspection, architectural or insured only with respect to liability for"bodily engineering activities. injury", "property damage" or "personal and advertising injury" caused, in whole or in part, 2. This insurance does not apply to "bodily by: injury" or"property damage" occurring after: (1)Your acts or omissions; or a. All work, including materials, parts or equipment furnished in connection with (2)The acts or omissions of those acting on such work, on the project (other than your behalf; service, maintenance or repairs) to be performed by or on behalf of the additional in the performance of your ongoing insured(s) at the location of the covered operations for the additional insured(s) at the operations has been completed; or location or project described in the contract or agreement. b. That portion of "your work" out of which the injury or damage arises has been put A person's or organization's status as an to its intended use by any person or additional insured under this endorsement organization other than another contractor ends when your operations for that additional or subcontractor engaged in performing insured are completed. operations for a principal as part of the same project. B. With respect to insurance afforded to these additional insureds, the following additional C. The limits of insurance applicable to the exclusions apply: additional insured are those specified in the written contract or agreement or in the 1. This insurance does not apply to "bodily Declarations for this policy, whichever are less. injury", "property damage" or "personal and These limits of insurance are inclusive of and not 71 0741 0314 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright,©2006, 2007, 2012 by ISO Properties, Inc., and ISO Services Properties, Inc., ALL RIGHTS RESERVED. DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9 in addition to the limits of insurance shown in the Declarations. D. With respect to the coverage provided by this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance, Subparagraph a. Primary Insurance, is replaced by the following: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below, except; (1) If a written contract or agreement that requires any person(s) or organization(s) to be an additional insured also requires this insurance to be primary and noncontributory, then this insurance is primary over any other insurance in which the additional insured is a Named Insured. We will not seek contribution from any other liability policy in which the additional insured is a Named Insured. 71 0741 0314 Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright,©2006, 2007, 2012 by ISO Properties, Inc., and ISO Services Properties, Inc., ALL RIGHTS RESERVED. DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9 PBYN irvsuoNAL a Policy#AX9 0727704 MUILMcWa M10JW9*CKOft 1�VatkrW tau"Hs mr a[artpsn R4.Eb nm IWmup.PIS 17im- i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO PENNPAC PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. Broad Form Named Insured This insurance does not apply unless the written contract or agreement has been executed or the The following is added to Section II - Liability permit has been issued prior to the "bodily injury"or Coverage paragraph A.1.-Who Is An Insured: "property damage". d.(1) Any organization or subsidiary thereof which is This insurance does not apply to the owner or any a legally incorporated entity of which you own one else from whom you hire or borrow a covered a financial interest of more than 50 percent of "auto'. the voting stock on the effective date of this endorsement. III. Personal Effects Coverage (2) Paragraph I.d.(1) does not apply to "accident" The following is added to Section III - Physical or "loss" with respect to which an "insured" Damage Coverage paragraph A.-Coverage: under this policy is also an "insured" under 5. We will pay up to $400 for loss to wearing another policy or would be an "insured" under apparel and other personal effects which are: such policy but for its termination or upon the exhaustion of its limits of insurance. a. owned by an"insured";and b. in or on your covered"auto'. (3) Paragraph I.d.(2) does not apply to a policy written to apply specifically in excess of this This coverage applies only in the event of a total policy. theft of your covered"auto'. e.(1) Any organization you newly acquire or form, No deductibles apply to this coverage. other than a partnership,joint venture or limited liability company and over which you maintain IV. Towing and Labor Coverage ownership or majority interest,will qualify as a Named Insured if there is no other similar Section III — Physical Damage Coverage, Paragraph insurance available to that organization. A.2.is deleted and replaced with the following: (2) Coverage under paragraph Le.(1) is afforded 2. We will pay $75 plus the amount shown in the only until the 180th day after you acquire or Declarations for towing and labor costs incurred form the organization or the end of the policy each time a covered "auto' of the private period,whichever is earlier. Coverage does not passenger type is disabled. However, the labor apply to an "accident' or "loss" that results must be performed at the place of disablement. from an "accident' that occurred before you acquired or formed the organization. V. Rental Reimbursement II. Blanket Additional Insured Section III—Physical Damage Coverage is amended by adding the following: Any person or organization, with whom you agree in a written contract,agreement or permit,to name as an We will pay for rental reimbursement expenses insured for Liability Coverage is an "insured", but incurred by you for the rental of an"auto'because of only to the extent that person or organization loss to a covered"auto'. Payment applies in addition qualifies as an "insured" under the Who Is An Insured provision contained in Section II of the Coverage Form. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 71 1281 0713 Copyright,Insurance Services Office,Inc.,1993,2001 Page 1 of 4 DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9 to the otherwise applicable amount of each coverage The exclusion for "loss" caused by mechanical you have on a covered"auto". No deductibles apply breakdown does not apply to the accidental discharge to this coverage. of an airbag. Coverage is excess over any other collectible insurance or warranty specifically This coverage applies only: designed to provide coverage. a. For those expenses incurred during the policy VIII. Audio, Visual and Data Electronic Equipment period beginning 24 hours after the"loss": Coverage b. For necessary and actual expenses incurred; c. To a"loss"for which we also pay a"loss"under Section III — Physical Damage Coverage, B. Physical Damage Coverage- Comprehensive Exclusions,Paragraph 5.is amended by the following Coverage, Specified Causes of Loss Coverage or addition to the exception of 4.c.and 4.d.: Collision Coverage;and d. If there are no spare or reserve "autos" available e. Electronic equipment designed solely for to you for your operations. receiving or that transmits audio,visual or data signals and is permanently installed in the Our payment will be limited to the period of time covered"auto" or the equipment is removable reasonably required to repair or replace the covered from a housing unit which is permanently "auto". We will pay up to$30 per day to a maximum installed in the covered "auto" at the time of of$650. the "loss" and such equipment is designed to be soley operated by use of the power from the If "loss" results from the total theft of a covered "auto's" electrical system, in or upon the "auto" we will pay under this coverage only that covered"auto". amount of rental reimbursement expenses which are not already provided under the Physical Damage (1) If a "loss" occurs solely to the audio, Coverage Extension. visual or data electronic equipment, then for each covered "auto" our obligation to VI. Replacement Cost Coverage — Private Passenger pay for, repair, return or replace the Autos damaged or stolen property will be subject to a$250 deductible. Section III—Physical Damage Coverage, C.Limit Of Insurance is amended by addition of the following: (2) In the event that there is more than one applicable deductible, only the highest 4. Paragraph CA., C.3. and CA. do not apply to deductible will apply. In no event will private passenger "autos" described in the more than one deductible apply. Schedule, purchased new and not previously titled. IX. Waiver Of Subrogation The most we will pay for any covered"loss"will The following is added to A.5. Transfer Of Rights be the lesser of: Of Recovery Against Others To Us condition in Section IV-Business Auto Conditions a. The cost of a new"auto" of the same make, size including the same equipment;or We waive any right of recovery we may have b. The cost of repairing with parts of like kind against any person or organization because of and quality. payments we make for "bodily injury" or "property damage"arising out of the operation of minus the deductible shown in the Schedule. a covered "auto" when you have assumed liability for such "bodily injury" or "property This coverage does not apply to loss caused by damage"under an insured contract. fire,theft,larceny or vandalism. This coverage applies for five years from the X. Duties in the Event of Occurrence, Claim or Suit date of purchase of the private passenger"auto". Redefined VII. Extended Coverage—Airbags a. The requirement in Loss Conditions 2.a. of Section IV—Business Auto Conditions that you Section III — Physical Damage Coverage, B. must see to it that we are notified of an Exclusions, paragraph 3. is amended by addition of "accident" only applies when the "accident" or the following: offense is known to: Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 71 1281 0713 Copyright,Insurance Services Office,Inc.,1993,2001 Page 2 of 4 DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9 (1) You,if you are an individual; (1) A covered"auto"of the private passenger type is (2) A partner,if you are a partnership;or leased, hired, rented or borrowed without a (3) A member, if you are a limited liability driver for a period of 60 days or less;and company;or (4) An executive officer or insurance manager, XV. Hired Auto Physical Damage if you are a corporation. If Comprehensive, Specified Causes of Loss or b. The requirement in Loss Condition 2.b. of Collision coverage is provided under this policy,then Section IV—Business Auto Conditions that you Hired Auto Physical Damage Coverage is provided must see to it that we receive notice of a claim or for that coverage subject to the following limit: "suit"will not be considered breached unless the breach occurs after such claim or"suit"is known (1) The most we will pay in any one policy period for to: "loss"to all hired"autos"is the lesser of: (1) You,if you are an individual; a. $50,000;or (2) A partner,if you are a partnership;or b. The actual cash value of the damaged or stolen (3) A member, if you are a limited liability property at the time of the"loss"; or company;or c. The cost of repairing or replacing the (4) An executive officer or insurance manager, if damaged or stolen property. you are a corporation. A $500 deductible applies to "loss" caused by XI. Supplementary Payments Increased Limits other than fire or lightning. Section II — Liability Coverage, 2.a. Supplementary (2) Subject to (1)a.,b. and c. above, we will provide Payments,paragraphs a.(2) and a.(4) are replaced by coverage equal to the broadest physical damage the following: coverage applicable to any covered "auto' shown in the Declarations. (2) Up to $3000 for cost of bail bonds (including bonds for related traffic law violations) required (3) When you are required by a written contract to because of an "accident" we cover. We do not indemnify a lessor for actual financial loss due to have to furnish these bonds. a loss of use of a hired "auto' resulting from a covered "accident" or "loss", we will pay up to (4) All reasonable expenses incurred by the $65 per day subject to a maximum limit of$750. "insured" at our request, including actual loss of earning up to $300 a day because of time off If a premium entry is shown in Item Four—Schedule from work. Of Hired Or Borrowed Covered Auto Coverage And Premiums — Physical Damage Insurance, this XII.Unintentional Errors or Omissions Provision does not provide any insurance. We will not deny coverage under this Coverage Part XVI. Auto Loan/Lease Gap Coverage because of the unintentional omission of, or unintentional error in, any information provided by The Physical Damage Coverage Section is amended by you. However, this provision does not affect our addition of the following: right to collect additional premium or exercise our right of cancellation or non-renewal. In the event of a total "loss" to a covered "auto' shown in the Schedule Of Covered Autos You Own, we will XIII. Physical Damage-Transportation Expense pay any unpaid amount due on the lease or loan for a covered"auto',less In Section III — Physical Damage Coverage, paragraph A.4.a.,the amount we will pay is increased 1. The amount paid under the Physical Damage to$60 per day to a maximum limit of$1,800. Coverage Section of the policy;and 2. Any: a. Overdue lease/loan payments at the time of XIV. Hired Auto—Limited Worldwide Coverage the"loss"; In Section IV Business Auto Conditions -B. General b. Financial penalties imposed under a lease Conditions,paragraph 7.b.(5)(a) is replaced with the for excessive use,abnormal wear and tear or following: high mileage; Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 71 1281 0713 Copyright,Insurance Services Office,Inc.,1993,2001 Page 3 of 4 DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9 c. Security deposits not returned by the lessor; d. Costs for extended warranties, Credit Life insurance, Health, Accident or Disability insurance purchased with the loan or lease;and e. Carry-over balances from previous loans or leases. Auto Loan/Lease Gap Coverage will only apply when no provision for this or similar coverage is included in the original lease agreement written on the covered loaned/leased"auto." XVII. Bodily Injury Redefined Section V. Definitions - "Bodily injury" is amended as follows: "Bodily injury"means bodily injury,sickness or disease sustained by a person including mental anguish,mental injury or death resulting from any of these. XVIII. Full Glass Coverage The following is added to Paragraph D.Deductible of Section III-Physical Damage Coverage in the Business Auto Coverage Form: For Comprehensive Coverage,no deductible applies to "loss"to glass used in windshield,doors and windows of the covered"auto",including glass used in sunroofs and moon roofs. Full Glass coverage applies only to those covered "autos"described or designated for Comprehensive Coverage in the Declarations. XIX. Collision Deductible Waiver-Not At Fault Accident The following is added to Paragraph D.Deductible of Section III-Physical Damage Coverage in the Business Auto Coverage Form: The deductible amount shall not apply to a total loss caused by collision between your covered"auto'and another"auto',provided: a.) The owner or operator of such other"auto' has been identified;and b.) The owner or operator of such other"auto'is legally liable for the loss to your covered"auto'and does not qualify as an insured under this policy;and c.) You are not comparatively or contributorily negligent for the loss;and d.) There is an available local police or law enforcement report which details the accident and identifies the owner and operator of the other motor vehicle and their insurance carrier(s). Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 71 1281 0713 Copyright,Insurance Services Office,Inc.,1993,2001 Page 4 of 4 DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9 CX9 0727704 1,/ PENN NATIONAL INSURANCE Feel Secure® Pennsylvania National Mutual Casualty Insurance Company Penn National Security Insurance Company P.O.Box 2361 Harrisburg,PA 17105-2361 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY AUTOMATIC ADDITIONAL INSUREDS -- OWNERS, CONTRACTORS AND SUBCONTRACTORS (COMPLETED OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following provision is added to SECTION II - WHO IS AN INSURED However, 1. Any person(s) or organization(s) (referred to 1. The insurance afforded to such additional below as "additional insured') whom you are insured only applies to the extent permitted required in a written contract or agreement to by law; and specifically name as an additional insured for 2. If coverage provided to the additional insured the "products-completed operations hazard". is required by a contract or agreement, the A general obligation to name a person or insurance afforded to such additional insured organization as an additional insured on any will not be broader than that which you are policy of insurance (including those providing coverage for the "products-completed required by the contract or agreement to operations hazard") will be deemed to extend provide for such additional insured. only to your ongoing operations for that person B. With respect to insurance afforded to these or organization. An additional insured for the additional insureds, the following additional products-completed operation hazard is only an additional insured with respect to liability for exclusions apply: "bodily injury" or "property damage": (1) This insurance does not apply to"bodily injury" or caused, in whole or in part, by "your work" at "property damage" arising out of the rendering of, the location or project designated and or the failure to render, any professional described in the contract or agreement; (2) architectural, engineering or surveying services, performed for that additional insured; and (3) including: included in the "products-completed operations hazard." 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, A person(s or organization's status as an reports, surveys, field orders, change orders additional insured under this endorsement or drawings, designs and specifications; and ends when the obligation to provide additional insured status for the "products-completed 2• Supervisory, inspection, architectural or operations hazard" in the written contract or engineering activities. agreement ends; or if no specific date or time C The limits of insurance applicable to the period is included in the written contract or additional insured are those specified in the agreement, coverage will be extended for one written contract or agreement or in the year from the date "your work" is deemed Declarations for this policy, whichever are less. complete under the definition of "products- These limits of insurance are inclusive of and not completed operations hazard." in addition to the limits of insurance shown in the Declarations. 71 1 145 1 116 Includes copyrighted material of Insurance Services Office,Inc.,with its Permission. Copyright@2006,2007,2012 by ISO Properties,Inc.,and ISO Services Properties,Inc., ALL RIGHTS RESERVED. DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9 D. With respect to the coverage provided by this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance, Subparagraph a. Primary Insurance, is deleted and replaced by the following: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below, except; (1) If a written contract or agreement that requires any person(s)or organization(s)to be an additional insured also requires this insurance to be primary and noncontributory, then this insurance is primary over any other insurance in which the additional insured is a Named Insured. We will not seek contribution from any other liability policy in which the additional insured is a Named Insured. 71 11451116 Includes copyrighted material of Insurance Services Office,Inc.,with its Permission. Copyright@2006,2007,2012 by ISO Properties,Inc.,and ISO Services Properties,Inc., ALL RIGHTS RESERVED. DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 03/15/2022 Policy No. AF WCP 100014470 01 Endorsement No. Insured EASTERN TURF MAINTENANCE INC Premium: $0 Insurance Company ACCIDENT FUND NATIONAL Countersigned by INSURANCE COMPANY WC 00 03 13 (Ed. 4-84) ©1983 National Council on Compensation Insurance.