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HomeMy WebLinkAbout2025-329-E-AMS-Stewert-Cooper-Newell Architects-Efland EMS CO 6 – Add CA FundingRevised 01/24 NORTH CAROLINA CONTRACT AMENDMENT ORANGE COUNTY THIS CONTRACT AMENDMENT (“Amendment”) is made and entered into this 16th day of June, 2025 by and between ORANGE COUNTY (hereinafter referred to as “County”) and Stewart-Cooper-Newell, P.A. (hereinafter referred to as “Provider”). WITNESSETH: THAT WHEREAS, the County and Provider entered into a contract dated June 3, 2019 (hereinafter the “Original Agreement”), for the provision of services for Professional Design Services; and WHEREAS, the County and Provider desire to amend the Original Agreement while keeping in effect all terms and conditions of the Original Agreement not inconsistent with the terms and conditions set forth below. NOW THEREFORE, for and in consideration of the mutual covenants and agreements made herein, the parties agree to amend the Original Agreement as follows: 1. In order to ensure the completion of the Services identified in the term of the Original Agreement is amended to reflect an end date by which all Services shall be completed of July 30, 2025______________. 2. Exhibit 1 to the Original Agreement is amended by adding the following tasks and services to the Services to be provided by the Consultant: Extend the Construction Administration Services for the Efland Emergency Services Station & Medical Examiners’ Quarters. 3. Article5, Section 5.1.1 is amended to reflect a maximum payable not-to-exceed amount of Six Hundred, Twelve Thousand, Two Hundred Thirty-Two Dollars and Sixty Cents. (612,232.60)________________. 4. Except for the changes made herein, the Original Agreement shall remain in full force and effect to the extent it is not inconsistent with this Amendment. In the event there is a conflict between the terms of the Original Agreement and the terms of this Amendment, this Amendment shall control. IN TESTIMONY WHEREOF, this Amendment has been executed by the parties hereto, as of the date first above written. ORANGE COUNTY PROVIDER ______________________________ __________________________________ Travis Myren James R. Stumbo______ County Manager Stewert-Cooper_Newell Architects, P.A. Principle Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E 6/10/20256/16/2025 Revised 01/24 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Stewert-Cooper-Newell Architects, P.A. Vendor Contact Person: James R. Stumbo (Jstumbo@scn-architects.com) Phone: 704.865.6311 Address: 719 East Second Ave. City Gastonia State: NC Zip: 28054 Department: AMS/ES Amount: 40,000.00 Purpose: Efland EMS CO 6 – Add CA Funding Budget Code(s): 61750035-870000-17000 Vendor # 62282 Vendor Status with NCSOS: Current - Active Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: 06/03/2019) (Most Recent Amendment 06/12/2024) Effective Date 06/16/2025 End Date 07/30/2025 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: 05/21/2019); Made or Administered by AMS Signature Authority - BOCC Express Delegation (Agenda Date: 05/21/2019) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: 17000) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation This agreement is approved as to technical form a nd content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. This agreement is approved as to technical form and content . Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specification s, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board 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: Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E 6/11/2025 6/15/2025 6/16/2025 6/16/2025 P.O. Box 8181 * 306 Revere Road * Hillsborough, North Carolina 27278 Telephone: 919 245-2625 Fax: 919-640-1873 E-mail: amservice@orangecountync.gov Date: June 10, 2025 Project: Emergency Services Efland EMS Station & ME Review Quarters Background: Effective Date Contract Total Change Amount Original Contract June 3, 2019, $170,280.00 $0.00 Change Amendment 1 April 6, 2020, $380,452.60 $210,172.60 Change Amendment 2 October 12, 2021, $391,072.60 $10,260.00 Change Amendment 3 May 18, 2022, $416,232.60 $25,160.00 Change Amendment 4 October 16, 2023, $494,232.60 $78,000.00 Change Amendment 5 June 12, 2024, $572,232.60 $78,000.00 Change Amendment 6 June 14, 2025, $612,232.60 $40,000.00 Change Amendment 6 will increase the overall contract amount by $40,000.00. This increase extends the contract expiration date to July 30, 2025. This extension and additional funding are due to delays by the General Contractor. The additional days after the substantial completion date are for the architectural firm's project closeout. The additional funds were withheld from the General Contractor’s pay application each month to cover the overages due to their delays. The total amount withheld as of June 10, 2025, is $312,000.00. The current costs for delays caused by the General Contractor (GC) are $220,004.67. With this additional amount of $40,000.00, the total cost for delays will be $260,004.67. The withheld liquidated damages will cover this extra change. Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 7/17/2024 Watson Insurance Agency,Inc. 245 East Second Avenue PO Box 879 Gastonia NC 28053-0879 Taylor Patterson 704-865-8584 704-866-9866 tpatterson@watsoninsurance.com Cincinnati Insurance Company 10677 STEWART-01 Accident Fund National Insurance Company 12305Stewart-Cooper-Newell Architects,P.A. 719 East Second Ave Gastonia NC 28054 Travelers Casualty &Surety Company of America 92613 315611604 A X 1,000,000 X 500,000 10,000 1,000,000 2,000,000 X Y Y EPP 0184359 7/7/2024 7/7/2025 2,000,000 A 1,000,000 X X X Y Y EBA0184359 7/7/2024 7/7/2025 A X X 1,000,000YEPP01843597/7/2024Y 7/7/2025 1,000,000 X 0 B Y 100043207 7/7/2024 7/7/2025 1,000,000 1,000,000 1,000,000 C Professional Liability 105598431 4/17/2024 4/17/2025 Occurence Aggregate $1,000,000 $2,000,000 Orange County 300 West Tryon Street PO Box 8181 Hillsborough NC 27278 Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 1 of 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS'COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A.Endorsement -Table of Contents: Coverage:Begins on Page: 1.Employee Benefit Liability Coverage.......................................................................................3 2.Unintentional Failure To Disclose Hazards .............................................................................9 3.Damage To Premises Rented To You ......................................................................................9 4.Supplementary Payments ......................................................................................................10 5.Medical Payments ...................................................................................................................10 6.180 Day Coverage For Newly Formed Or Acquired Organizations ...................................10 7.Waiver Of Subrogation ...........................................................................................................11 8.Automatic Additional Insured -Specified Relationships:..................................................11 •Managers Or Lessors Of Premises; •Lessor Of Leased Equipment; •Vendors; •State Or Governmental Agency Or Subdivision Or Political Subdivision -Permits Or Authorizations Relating To Premises; and •Mortgagee, Assignee Or Receiver 9.Property Damage To Borrowed Equipment .........................................................................14 10.Employees As Insureds -Specified Health Care Services And Good Samaritan Services ...................................................................................................................................15 11.Broadened Notice Of Occurrence .........................................................................................15 12.Nonowned Aircraft ..................................................................................................................15 13.Bodily Injury Redefined ..........................................................................................................15 14.Expected Or Intended Injury Redefined ...............................................................................15 15.Former Employees As Insureds ............................................................................................15 16.Voluntary Property Damage Coverage And Care,Custody Or Control Liability Coverage..................................................................................................................................16 17.Broadened Contractual Liability -Work Within 50'Of Railroad Property.........................17 18.Alienated Premises .................................................................................................................17 B.Limits Of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1.Employee Benefit Liability Coverage Each Employee Limit: $1,000,000 Aggregate Limit: $3,000,000 Deductible Amount:$1,000 3.Damage To Premises Rented To You The lesser of: a.The Each Occurrence Limit shown in the Declarations; or b.$500,000 unless otherwise stated $ 4.Supplementary Payments a.Bail Bonds:$2,500 Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 2 of 17 b.Loss Of Earnings: $500 5.Medical Payments Medical Expense Limit:$10,000 9.Property Damage To Borrowed Equipment Each Occurrence Limit:$10,000 Deductible Amount:$250 16.Voluntary Property Damage Coverage (Coverage a.)And Care, Custody Or Control Liability Coverage (Coverage b.) Limits Of Insurance Coverage a. $1,000 Each Occurrence $5,000 Aggregate Coverage b.$5,000 Each Occurrence unless otherwise stated $ Deductible Amount (Each Occurrence) Coverage a.$250 Coverage b.$250 unless otherwise stated $ COVERAGE PREMIUM BASIS (a)Area (b)Payroll (c)Gross Sales (d)Units (e)Other RATE (For Limits in Excess of $5,000) ADVANCE PREMIUM (For Limits in Excess of $5,000) b.Care, Custody Or Control $ TOTAL ANNUAL PREMIUM $ Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 3 of 17 C.Coverages 1.Employee Benefit Liability Coverage a.The following is added to Section I - Coverages: Employee Benefit Liability Cover- age (1)Insuring Agreement (a)We will pay those sums that the insured becomes legally obligated to pay as damag- es caused by any act, error or omission of the insured, or of any other person for whose acts the insured is legally liable, to which this insurance applies. W e will have the right and duty to defend the insured against any "suit"seeking those damages. However, we will have no duty to defend against any "suit"seeking damages to which this in- surance does not apply. We may,at our discretion, in- vestigate any report of an act, error or omission and settle any claim or "suit"that may result. But: 1)The amount we will pay for damages is limited as described in Section III -Limits Of Insur- ance; and 2)Our right and duty to defend ends when we have used up the appli- cable limit of insurance in the payment of judg- ments or settlements. No other obligation or liabil- ity to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. (b)This insurance applies to damages only if the act, er- ror or omission, is negligent- ly committed in the "admin- istration"of your "employee benefit program"; and 1)Occurs during the policy period; or 2)Occurred prior to the "first effective date"of this endorsement pro- vided: a)You did not have knowledge of a claim or "suit"on or before the "first ef- fective date"of this endorsement. You will be deemed to have knowledge of a claim or "suit" when any "author- ized representa- tive"; i)Reports all, or any part,of the act, error or omission to us or any other insurer; ii)Receives a written or ver- bal demand or claim for dam- ages because of the act, er- ror or omis- sion; and b)There is no other applicable insur- ance. (2)Exclusions This insurance does not apply to: (a)Bodily Injury, Property Damage Or Personal And Advertising Injury "Bodily injury", "property damage"or "personal and advertising injury". (b)Dishonest,Fraudulent, Criminal Or Malicious Act Damages arising out of any intentional, dishonest, fraudulent, criminal or mali- cious act, error or omission, committed by any insured, including the willful or reck- less violation of any statute. (c)Failure To Perform A Con- tract Damages arising out of fail- ure of performance of con- tract by any insurer. Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 4 of 17 (d)Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the "employee benefit program". (e)Inadequacy Of Perfor- mance Of Invest- ment/Advice Given With Respect To Participation Any claim based upon: 1)Failure of any invest- ment to perform; 2)Errors in providing in- formation on past per- formance of investment vehicles; or 3)Advice given to any person with respect to that person's decision to participate or not to par- ticipate in any plan in- cluded in the "employee benefit program". (f)Workers'Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers'compensation,un- employment compensation insurance, social security or disability benefits law or any similar law. (g)ERISA Damages for which any in- sured is liable because of li- ability imposed on a fiduci- ary by the Employee Re- tirement Income Security Act of 1974, as now or hereafter amended,or by any similar federal, state or local laws. (h)Available Benefits Any claim for benefits to the extent that such benefits are available, with reasonable effort and cooperation of the insured,from the applicable funds accrued or other col- lectible insurance. (i)Taxes, Fines Or Penalties Taxes, fines or penalties, in- cluding those imposed un- der the Internal Revenue Code or any similar state or local law. (j)Employment-Related Prac- tices Any liability arising out of any: (1)Refusal to employ; (2)Termination of employ- ment; (3)Coercion, demotion, evaluation, reassign- ment, discipline,defa- mation, harassment, humiliation, discrimina- tion or other employ- ment -related practices, acts or omissions; or (4)Consequential liability as a result of (1), (2) or (3)above. This exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the in- jury. (3)Supplementary Payments Section I -Coverages, Sup- plementary Payments -Cover- ages A And B also apply to this Coverage. b.Who Is An Insured As respects Employee Benefit Lia- bility Coverage, Section II -Who Is An Insured is replaced by the follow- ing: (1)If you are designated in the Dec- larations as: (a)An individual, you and your spouse are insureds, but on- ly with respect to the con- duct of a business of which you are the sole owner. (b)A partnership or joint ven- ture, you are an insured. Your members, your part- Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 5 of 17 ners,and their spouses are also insureds but only with respect to the conduct of your business. (c)A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are in- sureds,but only with respect to their duties as your man- agers. (d)An organization other than a partnership, joint venture or limited liability company,you are an insured. Your "execu- tive officers"and directors are insureds,but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with re- spect to their liability as stockholders. (e)A trust, you are an insured. Your trustees are also in- sureds, but only with respect to their duties as trustees. (2)Each of the following is also an insured: (a)Each of your "employees" who is or was authorized to administer your "employee benefit program"; (b)Any persons,organizations or "employees"having prop- er temporary authorization to administer your "employ- ee benefit program"if you die, but only until your legal representative is appointed; or (c)Your legal representative if you die, but only with re- spect to duties as such. That representative will have all your rights and duties under this Coverage Part. (3)Any organization you newly ac- quire or form, other than a part- nership,joint venture or limited liability company, and over which you maintain ownership or major- ity interest, will qualify as a Named Insured if no other similar insurance applies to that organi- zation. However,coverage under this provision: (a)Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and (b)Does not apply to any act, error or omission that was committed before you ac- quired or formed the organi- zation. c.Limits Of Insurance As respects Employee Benefit Lia- bility Coverage, Section III -Limits Of Insurance is replaced by the fol- lowing: (1)The Limits of Insurance shown in Section B. Limits Of Insurance, 1.Employee Benefit Liability Coverage and the rules below fix the most we will pay regardless of the number of: (a)Insureds; (b)Claims made or "suits" brought; (c)Persons or organizations making claims or bringing "suits"; (d)Acts, errors or omissions; or (e)Benefits included in your "employee benefit program". (2)The Aggregate Limit shown in Section B.Limits Of Insurance, 1.Employee Benefit Liability Coverage of this endorsement is the most we will pay for all dam- ages because of acts, errors or omissions negligently committed in the "administration"of your "employee benefit program". (3)Subject to the limit described in (2)above, the Each Employee Limit shown in Section B.Limits Of Insurance, 1.Employee Benefit Liability Coverage of this endorsement is the most we will pay for all damages sus- tained by any one "employee", including damages sustained by such "employee's"dependents and beneficiaries, as a result of: (a)An act, error or omission; or Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 6 of 17 (b)A series of related acts, er- rors or omissions, regard- less of the amount of time that lapses between such acts, errors or omissions; negligently committed in the "administration"of your "employ- ee benefit program". However, the amount paid under this endorsement shall not ex- ceed, and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the "employee benefit program." (4)Deductible Amount (a)Our obligation to pay dam- ages on behalf of the in- sured applies only to the amount of damages in ex- cess of the Deductible Amount stated in the Decla- rations as applicable to Each Employee. The limits of insurance shall not be re- duced by the amount of this deductible. (b)The Deductible Amount stated in the Declarations applies to all damages sus- tained by any one "employ- ee", including such "employ- ee's"dependents and bene- ficiaries, because of all acts, errors or omissions to which this insurance applies. (c)The terms of this insurance, including those with respect to: 1)Our right and duty to defend the insured against any "suits" seeking those damag- es; and 2)Your duties, and the du- ties of any other in- volved insured, in the event of an act,error or omission, or claim; apply irrespective of the ap- plication of the Deductible Amount. (d)We may pay any part or all of the Deductible Amount to effect settlement of any claim or "suit"and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the Deductible Amount as we have paid. d.Additional Conditions As respects Employee Benefit Lia- bility Coverage, Section IV -Com- mercial General Liability Condi- tions is amended as follows: (1)Item 2.Duties In The Event Of Occurrence,Offense, Claim Or Suit is replaced by the following: 2.Duties In The Event Of An Act, Error Or Omission, Or Claim Or Suit a.You must see to it that we are notified as soon as practicable of an act, error or omission which may result in a claim. To the extent possible, notice should include: (1)What the act, error or omission was and when it oc- curred; and (2)The names and addresses of any- one who may suf- fer damages as a result of the act, error or omission. b.If a claim is made or "suit"is brought against any insured, you must: (1)Immediately record the specifics of the claim or "suit"and the date received; and (2)Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practicable. c.You and any other in- volved insured must: (1)Immediately send us copies of any demands, notices, summonses or le- gal papers re- Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 7 of 17 ceived in connec- tion with the claim or "suit"; (2)Authorize us to ob- tain records and other information; (3)Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4)Assist us, upon our request, in the en- forcement of any right against any person or organi- zation which may be liable to the in- sured because of an act, error or omission to which this insurance may also apply. d.No insured will, except at that insured's own cost, voluntarily make a payment,assume any obligation, or incur any expense without our consent. (2)Item 5.Other Insurance is re- placed by the following: 5.Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are limited as follows: a.Primary Insurance This insurance is prima- ry except when c.below applies. If this insurance is primary,our obliga- tions are not affected unless any of the other insurance is also prima- ry. Then, we will share with all that other insur- ance by the method de- scribed in b.below. b.Method Of Sharing If all of the other insur- ance permits contribu- tion by equal shares, we will follow this meth- od also. Under this ap- proach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other in- surance does not permit contribution by equal shares, we will contrib- ute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insur- ers. c.No Coverage This insurance shall not cover any loss for which the insured is entitled to recovery under any other insurance in force previous to the effective date of this Coverage Part. e.Additional Definitions As respects Employee Benefit Lia- bility Coverage, Section V -Defini- tions is amended as follows: (1)The following definitions are added: 1."Administration"means: a.Providing information to "employees", including their dependents and beneficiaries, with re- spect to eligibility for or scope of "employee benefit programs"; b.Interpreting the "em- ployee benefit pro- grams"; c.Handling records in connection with the "employee benefit pro- grams"; or d.Effecting, continuing or terminating any "em- ployee's"participation in Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 8 of 17 any benefit included in the "employee benefit program". However, "administration" does not include: a.Handling payroll deduc- tions; or b.The failure to effect or maintain any insurance or adequate limits of coverage of insurance, including but not limited to unemployment insur- ance, social security benefits,workers'com- pensation and disability benefits. 2."Cafeteria plans"means plans authorized by applica- ble law to allow "employees" to elect to pay for certain benefits with pre-tax dollars. 3."Employee benefit pro- grams"means a program providing some of all of the following benefits to "em- ployees", whether provided through a "cafeteria plan"or otherwise: a.Group life insurance; group accident or health insurance; dental, vision and hearing plans; and flexible spending ac- counts; provided that no one other than an "em- ployee"may subscribe to such benefits and such benefits are made generally available to those "employees"who satisfy the plan's eligibil- ity requirements; b.Profit sharing plans, employee savings plans, employee stock ownership plans, pen- sion plans and stock subscription plans, pro- vided that no one other than an "employee" may subscribe to such benefits and such bene- fits are made generally available to all "employ- ees"who are eligible under the plan for such benefits; c.Unemployment insur- ance, social security benefits, workers'com- pensation and disability benefits; and d.Vacation plans, includ- ing buy and sell pro- grams; leave of ab- sence programs, includ- ing military, maternity, family,and civil leave; tuition assistance plans; transportation and health club subsidies. 4."First effective date"means the date upon which cover- age was first effected in a series of uninterrupted re- newals of insurance cover- age. (2)The following definitions are de- leted in their entirety and re- placed by the following: 8."Employee"means a person actively employed, formerly employed, on leave of ab- sence or disabled,or retired. "Employee"includes a "leased worker". "Employee" does not include a "tempo- rary worker". 21."Suit"means a civil proceed- ing in which money damag- es because of an act,error or omission to which this in- surance applies are alleged. "Suit"includes: a.An arbitration proceed- ing in which such dam- ages are claimed and to which the insured must submit or does submit with our consent; b.Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the in- sured submits with our consent; or c.An appeal of a civil pro- ceeding. Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 9 of 17 2.Unintentional Failure To Disclose Haz- ards Section IV -Commercial General Liabil- ity Conditions, 7.Representations is amended by the addition of the following: Based on our dependence upon your rep- resentations as to existing hazards,if un- intentionally you should fail to disclose all such hazards at the inception date of your policy,we will not reject coverage under this Coverage Part based solely on such failure. 3.Damage To Premises Rented To You a.The last Paragraph of 2. Exclusions under Section I -Coverage A -Bod- ily Injury And Property Damage Li- ability is replaced by the following: Exclusions c.through q.do not apply to "property damage"by fire, explo- sion,lightning, smoke or soot to premises while rented to you or tem- porarily occupied by you with permis- sion of the owner,for which the amount we will pay is limited to the Damage To Premises Rented To You Limit as described in Section III -Limits Of Insurance. b.The insurance provided under Sec- tion I -Coverage A -Bodily Injury And Property Damage Liability ap- plies to "property damage"arising out of water damage to premises that are both rented to and occupied by you. (1)As respects Water Damage Le- gal Liability,as provided in Para- graph 3.b.above: The exclusions under Section I - Coverage A -Bodily Injury And Property Damage Liability,2. Exclusions, other than i. War and the Nuclear Energy Liabil- ity Exclusion (Broad Form),are deleted and the following are added: This insurance does not apply to: (a)"Property damage": (i)Assumed in any con- tract or agreement; or (ii)Caused by or resulting from any of the follow- ing: 1)Wear and tear; 2)Rust or other cor- rosion,decay,de- terioration, hidden or latent defect or any quality in property that caus- es it to damage or destroy itself; 3)Smog; 4)Mechanical break- down,including rupture or bursting caused by centrif- ugal force; 5)Settling,cracking, shrinking or ex- pansion; 6)Nesting or infesta- tion, or discharge or release of waste products or secre- tions, by insects, birds,rodents or other animals; or 7)Presence, growth, proliferation, spread or any ac- tivity of fungus,in- cluding mold or mildew, and any mycotoxins, spores, scents or byproducts pro- duced or released by fungi. (b)"Property damage"caused directly or indirectly by any of the following: (i)Earthquake, volcanic eruption, landslide or any other earth move- ment; (ii)Water that backs up or overflows or is other- wise discharged from a sewer,drain,sump, sump pump or related equipment; (iii)Water under the ground surface pressing on,or flowing or seeping through: 1)Foundations, walls, floors or paved surfaces; Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 10 of 17 2)Basements, whether paved or not; or 3)Doors,windows or other openings. (c)"Property damage"caused by or resulting from water that leaks or flows from plumbing,heating, air condi- tioning, fire protection sys- tems,or other equipment, caused by or resulting from freezing, unless: (i)You did your best to maintain heat in the building or structure; or (ii)You drained the equip- ment and shut off the water supply if the heat was not maintained. (d)"Property damage"to: (i)Plumbing,heating,air conditioning,fire protec- tion systems,or other equipment or applianc- es; or (ii)The interior of any building or structure, or to personal property in the building or structure, caused by or resulting from rain, snow, sleet or ice, whether driven by wind or not. c.Limit Of Insurance With respect to the insurance afford- ed in Paragraphs 3.a. and 3.b.above, the Damage To Premises Rented To You Limit as shown in the Decla- rations is amended as follows: (1)Paragraph 6. of Section III - Limits Of Insurance is replaced by the following: 6.Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A -Bodily Injury And Property Dam- age Liability for damages because of "property dam- age"to any one premises: a.W hile rented to you,or temporarily occupied by you with permission of the owner; b.In the case of damage by fire, explosion, light- ning,smoke or soot, while rented to you; or c.In the case of damage by water, while rented to and occupied by you. (2)The most we will pay is limited as described in Section B.Limits Of Insurance, 3.Damage To Premises Rented To You of this endorsement. 4.Supplementary Payments Under Section I -Supplementary Pay- ments -Coverages A And B: a.Paragraph 2.is replaced by the fol- lowing: Up to the limit shown in Section B. Limits Of Insurance, 4.a.Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- plies. W e do not have to furnish these bonds. b.Paragraph 4.is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to the limit shown in Sec- tion B.Limits Of Insurance, 4.b. Loss Of Earnings of this endorsement per day because of time off from work. 5.Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits Of Insurance, 5. Medical Pay- ments of this endorsement. 6.180 Day Coverage For Newly Formed Or Acquired Organizations Section II -Who Is An Insured is amended as follows: Subparagraph a.of Paragraph 3.is re- placed by the following: a.Insurance under this provision is af- forded only until the 180th day after Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 11 of 17 you acquire or form the organization or the end of the policy period, whichever is earlier; 7.Waiver Of Subrogation Section IV -Commercial General Liabil- ity Conditions, 9.Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract or agree- ment with that person or organization and included in the "products-completed oper- ations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Cov- erage Part. The insured must do nothing after a loss to impair our rights. At our re- quest, the insured will bring "suit"or trans- fer those rights to us and help us enforce those rights. 8.Automatic Additional Insured -Speci- fied Relationships a.The following is added to Section II - Who Is An Insured: (1)Any person(s)or organization(s) described in Paragraph 8.a.(2)of this endorsement (hereinafter re- ferred to as additional insured) whom you are required to add as an additional insured under this Coverage Part by reason of a written contract,written agree- ment, written permit or written authorization. (2)Only the following persons or or- ganizations are additional in- sureds under this endorsement, and insurance coverage provided to such additional insureds is lim- ited as provided herein: (a)Managers Or Lessors Of Premises The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 8.a.(1)of this en- dorsement to provide insur- ance, but only with respect to liability arising out of the ownership, maintenance or use of that part of the prem- ises leased to you,subject to the following additional exclusions: This insurance does not ap- ply to: (i)Any "occurrence"which takes place after you cease to be a tenant in that premises; (ii)Structural alterations, new construction or demolition operations performed by or on be- half of such additional insured. (b)Lessor Of Leased Equip- ment Any person or organization from whom you lease equipment when you and such person(s) or organiza- tion(s) have agreed per Par- agraph 8.a.(1)of this en- dorsement to provide insur- ance. Such person(s) or or- ganization(s) are insureds only with respect to liability for "bodily injury", "property damage"or "personal and advertising injury"caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or or- ganization(s).A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends.However, this insurance does not ap- ply to any "occurrence" which takes place after the equipment lease expires. (c)Vendors Any person or organization (referred to below as ven- dor) with whom you have agreed per Paragraph 8.a.(1)of this endorsement to provide insurance, but on- ly with respect to "bodily in- jury"or "property damage" arising out of "your products" which are distributed or sold in the regular course of the Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 12 of 17 vendor's business, subject to the following additional exclusions: (i)The insurance afforded the vendor does not apply to: 1)"Bodily injury"or "property damage" for which the ven- dor is obligated to pay damages by reason of the as- sumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; 2)Any express war- ranty unauthorized by you; 3)Any physical or chemical change in the product made intentionally by the vendor; 4)Repackaging, ex- cept when un- packed solely for the purpose of in- spection, demon- stration,testing, or the substitution of parts under in- structions from the manufacturer, and then repackaged in the original con- tainer; 5)Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normal- ly undertakes to make in the usual course of busi- ness, in connection with the distribution or sale of the products; 6)Demonstration,in- stallation, servicing or repair opera- tions, except such operations per- formed at the ven- dor's premises in connection with the sale of the product; 7)Products which, af- ter distribution or sale by you, have been labeled or re- labeled or used as a container,part or ingredient of any other thing or sub- stance by or for the vendor; or 8)"Bodily injury"or "property damage" arising out of the sole negligence of the vendor for its own acts or omis- sions or those of its employees or anyone else acting on its behalf.How- ever,this exclusion does not apply to: a)The excep- tions contained in Paragraphs (c) (i) 4) or 6) of this en- dorsement;or b)Such inspec- tions, adjust- ments, tests or servicing as the vendor has agreed to make or nor- mally under- takes to make in the usual course of business, in connection with the distri- bution or sale of the prod- ucts. (ii)This insurance does not apply to any insured person or organization: 1)From whom you have acquired such products,or any ingredient, part Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 13 of 17 or container, enter- ing into, accompa- nying or containing such products; or 2)When liability in- cluded within the "products- completed opera- tions hazard"has been excluded un- der this Coverage Part with respect to such products. (d)State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises Any state or governmental agency or subdivision or po- litical subdivision with which you have agreed per Para- graph 8.a.(1)of this en- dorsement to provide insur- ance, subject to the follow- ing additional provision: This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political sub- division has issued a permit or authorization in connec- tion with premises you own, rent or control and to which this insurance applies: (i)The existence, mainte- nance, repair,construc- tion, erection or removal of advertising signs, awnings, canopies, cel- lar entrances, coal holes, driveways, man- holes, marquees, hoist away openings,side- walk vaults,street ban- ners or decorations and similar exposures; or (ii)The construction, erec- tion or removal of eleva- tors; or (iii)The ownership, mainte- nance or use of any el- evators covered by this insurance. (e)Mortgagee, Assignee Or Receiver Any person or organization with whom you have agreed per Paragraph 8.a.(1) of this endorsement to provide in- surance, but only with re- spect to their liability as mortgagee, assignee, or re- ceiver and arising out of the ownership, maintenance,or use of the premises by you. However, this insurance does not apply to structural alterations, new construction and demolition operations performed by or for that per- son or organization. (3)The insurance afforded to addi- tional insureds described in Par- agraph 8.a.(1)of this endorse- ment: (a)Only applies to the extent permitted by law; and (b)Will not be broader than that which you are required by the written contract,written agreement, written permit or written authorization to pro- vide for such additional in- sured; and (c)Does not apply to any per- son, organization,vendor, state, governmental agency or subdivision or political subdivision, specifically named as an additional in- sured under any other provi- sion of, or endorsement added to, this Coverage Part, provided such other provision or endorsement covers the injury or damage for which this insurance ap- plies. b.With respect to the insurance afford- ed to the additional insureds de- scribed in Paragraph 8.a.(1)of this endorsement, the following is added to Section III -Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of in- surance: (1)Required by the written contract, written agreement, written permit or written authorization described Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 14 of 17 in Paragraph 8.a.(1)of this en- dorsement; or (2)Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. c.Section IV -Commercial General Liability Conditions is amended to include the following: Automatic Additional Insured Pro- vision This insurance applies only if the "bodily injury"or "property damage" occurs, or the "personal and advertis- ing injury"offense is committed: (1)During the policy period; and (2)Subsequent to your execution of the written contract or written agreement, or the issuance of a written permit or written authori- zation,described in Paragraph 8.a.(1). d.Section IV -Commercial General Liability Conditions is amended as follows: Condition 5. Other Insurance is amended to include: Primary And Noncontributory In- surance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured per Paragraph 8.a.(1)of this endorsement provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract,agreement, permit or authorization described in 8.a.(2) of this endorsement that this in- surance would be primary and would not seek contribution from any other insurance available to the additional insured. 9.Property Damage To Borrowed Equip- ment a.The following is added to Exclusion 2.j.Damage To Property under Sec- tion I -Coverage A -Bodily Injury And Property Damage Liability: Paragraphs (3)and (4)of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform operations at the time of loss. b.With respect to the insurance provid- ed by this section of the endorse- ment, the following additional provi- sions apply: (1)The Limits of Insurance shown in the Declarations are replaced by the limits designated in Section B.Limits Of Insurance, 9. Property Damage To Borrowed Equipment of this endorsement with respect to coverage provid- ed by this endorsement. These limits are inclusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B.Limits Of Insurance, 9.Property Damage To Borrowed Equipment of this endorsement fix the most we will pay in any one "occurrence"re- gardless of the number of: (a)Insureds; (b)Claims made or "suits" brought; or (c)Persons or organizations making claims or bringing "suits". (2)Deductible Clause (a)Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible Amount stated in Section B.Limits Of Insur- ance, 9.Property Damage To Borrowed Equipment of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount. (b)Section IV -Commercial General Liability Condi- tions,2. Duties In The Event Of Occurrence,Of- fense,Claim Or Suit,ap- plies to each claim or "suit" irrespective of the amount. Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 15 of 17 (c)We may pay any part or all of the deductible amount to effect settlement of any claim or "suit"and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the deductible amount as has been paid by us. 10.Employees As Insureds -Specified Health Care Services And Good Samar- itan Services Paragraph 2.a.(1)(d)under Section II - Who Is An Insured does not apply to: a.Your "employees"who provide pro- fessional health care services on your behalf as a duly licensed nurse, emergency medical technician or paramedic in the jurisdiction where an "occurrence"or offense to which this insurance applies takes place; or b.Your "employees"or "volunteer work- ers", other than an employed or vol- unteer doctor, providing first aid or good samaritan services during their work hours for you will be deemed to be acting within the scope of their employment by you or performing du- ties related to the conduct of your business. 11.Broadened Notice Of Occurrence Paragraph a.of Condition 2.Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV -Com- mercial General Liability Conditions is replaced by the following: a.You must see to it that we are notified as soon as practicable of an "occur- rence"or an offense which may result in a claim. To the extent possible, no- tice should include: (1)How, when and where the "oc- currence"or offense took place; (2)The names and addresses of any injured persons and wit- nesses; and (3)The nature and location of any injury or damage arising out of the "occurrence"or offense. This requirement applies only when the "occurrence"or offense is known to an "authorized representative". 12.Nonowned Aircraft The following is added to Exclusion 2.g. Aircraft, Auto Or Watercraft under Sec- tion I -Coverage A -Bodily Injury And Property Damage Liability: This exclusion does not apply to an air- craft you do not own, provided that: a.The pilot in command holds a current effective certificate, issued by a duly constituted authority of the United States of America or Canada, desig- nating that person as a commercial or airline transport pilot; b.The aircraft is rented with a trained, paid crew; and c.The aircraft does not transport per- sons or cargo for a charge. 13.Bodily Injury Redefined Section V -Definitions, 4."Bodily injury" is replaced by the following: 4."Bodily injury"means bodily harm or injury, sickness, disease,disability, humiliation, shock, fright,mental an- guish or mental injury,including care, loss of services or death resulting from any of these at any time. 14.Expected Or Intended Injury Redefined The last sentence of Exclusion 2.a.Ex- pected Or Intended Injury under Sec- tion I -Coverage A -Bodily Injury And Property Damage Liability is replaced by the following: This exclusion does not apply to "bodily injury"or "property damage"resulting from the use of reasonable force to protect per- sons or property. 15.Former Employees As Insureds The following is added to Paragraph 2. under Section II -Who Is An Insured: 2.Each of the following is also an in- sured: Any of your former "employees", di- rectors, managers, members, part- ners or "executive officers", including but not limited to retired, disabled or those on leave of absence, but only for acts within the scope of their em- ployment by you or for duties related to the conduct of your business. Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 16 of 17 16.Voluntary Property Damage Coverage a.Coverage D -Voluntary Property Damage Coverage Section I -Coverages is amended to include the following: (1)Insuring Agreement (a)We will pay the cost to re- pair or replace "property damage"to property of oth- ers arising out of operations incidental to your business when: 1)Damage is caused by you; or 2)Damage occurs while in your possession. At your written request,we will make this payment re- gardless of whether you are at fault for the "property damage". If you, at our request, re- place, or make any repairs to, damaged property of others, the amount we will pay under Voluntary Prop- erty Damage Coverage will be determined by your actu- al cost to replace or repair the damaged property, ex- cluding any profit or over- head. Any payment we make un- der Voluntary Property Damage Coverage shall not be interpreted as an admis- sion of liability by you or by us. It shall be your duty,not our duty,to defend any claim or "suit"to which this insurance applies. No other obligation or liabil- ity to pay sums or perform acts or services is covered. (b)This insurance applies to "property damage"only if: 1)The "property damage" takes place in the "cov- erage territory"; and 2)The "property damage" occurs during the policy period. (2)Exclusions This insurance does not apply to "property damage"that would be excluded by Coverage A -Bodi- ly Injury And Property Damage Liability,2. Exclusions, except for j. Damage To Property, par- agraphs (3),(4), (5)and (6), k. Damage To Your Product, and l. Damage To Your Work. (3)Definitions For purposes of Voluntary Property Damage Coverage only, the following definitions un- der Section V -Definitions are replaced by the following: 16."Occurrence"means an in- cident,including continuous or repeated exposure to substantially the same gen- eral harmful conditions that result in "property damage". 20."Property damage"means physical injury to tangible property. "Electronic data"is not tangible property, and "property damage"does not include disappearance, ab- straction or theft. b.Care, Custody Or Control Liability Coverage For purposes of the coverage provid- ed by Care, Custody Or Control Li- ability Coverage in this endorsement only: (1)Section I -Coverage A -Bodily Injury And Property Damage Liability, 2. Exclusions, j. Damage To Property, Subpara- graphs (3),(4)and (5)do not ap- ply to "property damage"to the property of others described therein. (2)It shall be your duty, not our duty, to defend any claim or "suit"to which this insurance applies. No other obligation or liability to pay sums or perform acts or ser- vices is covered. This Paragraph (2) supersedes any provision in the Coverage Part to the contrary. (3)"Property damage"for which Care,Custody Or Control Lia- bility Coverage provides cover- Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 17 of 17 age shall be deemed to be caused by an "occurrence"but shall not serve to limit or restrict the applicability of any exclusion for "property damage"under this Coverage Part. c.Limits Of Insurance And Deducti- bles For purposes of the coverage provid- ed by Voluntary Property Damage Coverage and Care, Custody Or Control Liability Coverage, Section III -Limits Of Insurance is amended to include the following: (1)The Limits of Insurance shown in the Declarations are replaced by the limits designated in Section B. Limits Of Insurance, 16. Voluntary Property Damage Coverage And Care, Custody Or Control Liability Coverage, in this endorsement. These limits are inclusive of, and not in addi- tion to, the limits being replaced. The Limits of Insurance shown in the Schedule fix the most we will pay regardless of the number of: (a)Insureds; (b)Claims made or "suits" brought;or (c)Persons or organizations making claims or bringing "suits". (2)(a)Subject to (3)below, the Voluntary Property Dam- age Coverage,Each Occur- rence Limit Of Insurance is the most we will pay for the sum of damages under Vol- untary Property Damage Coverage; (b)The Care, Custody Or Con- trol Liability Coverage, Each Occurrence Limit Of Insurance is the most we will pay for the sum of damages under Care, Custody Or Control Liability Coverage; because of all "property damage" arising out of any one "occur- rence". (3)The Voluntary Property Dam- age Coverage,Aggregate Limit Of Insurance is the most we will pay for the sum of all damages under Voluntary Property Damage Coverage. This limit applies separately to each "cov- erage term". (4)Deductible Clause (a)Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible Amount stated for the applicable coverage in the Schedule. The limits of insurance will not be re- duced by the application of such Deductible Amount. (b)Section IV -Commercial General Liability Condi- tions, 2.Duties In The Event Of Occurrence,Of- fense,Claim Or Suit,ap- plies to each claim or "suit" irrespective of the amount. (c)We may pay any part or all of the Deductible Amount to effect settlement of any claim or "suit"and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the Deductible Amount as has been paid by us. 17.Broadened Contractual Liability -Work Within 50'Of Railroad Property Section V -Definitions, 12."Insured con- tract"is amended as follows: a.Paragraph c.is replaced by the fol- lowing: c.Any easement or license agree- ment; b.Paragraph f.(1)is deleted in its entire- ty. 18.Alienated Premises Exclusion 2.j. D amage to Property, Paragraph (2)under Section I -Cover- age A -Bodily Injury And Property Damage Liability does not apply if the premises are "your work". Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 6/10/2025 Watson Insurance 245 East Second Avenue Gastonia NC 28053 Taylor Patterson 704-864-4665 704-866-9866 tpatterson@watsoninsurance.com Cincinnati Insurance Company 10677 STEWART-01 Accident Fund National Insurance Company 12305Stewart-Cooper-Newell Architects,PA 719 East Second Ave Gastonia NC 28054 Travelers Casualty &Surety Company of America 92613 1981086725 A X 1,000,000 X 500,000 10,000 1,000,000 2,000,000 X EPP 0184359 7/7/2024 7/7/2025 2,000,000 A 1,000,000 X XX EBA0184359 7/7/2024 7/7/2025 A X X 1,000,000 0 EPP 0184359 X 1,000,000 7/7/2024 7/7/2025 B 100043207 7/7/2024 7/7/2025 1,000,000 1,000,000 1,000,000 C Professional Liability 105598431 4/17/2025 4/17/2026 Occurence Aggregate 1,000,000 2,000,000 Orange County is an additional insured under the general liability and auto liability coverages but only for the work performed for them by the named insured. Waiver of subrogation in effect for the holder under general liability,auto liability,and workers compensation coverages. Orange County 300 West Tryon Street PO Box 8181 Hillsborough NC 27278 Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 1 of 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS'COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A.Endorsement -Table of Contents: Coverage:Begins on Page: 1.Employee Benefit Liability Coverage.......................................................................................3 2.Unintentional Failure To Disclose Hazards .............................................................................9 3.Damage To Premises Rented To You ......................................................................................9 4.Supplementary Payments ......................................................................................................10 5.Medical Payments ...................................................................................................................10 6.180 Day Coverage For Newly Formed Or Acquired Organizations ...................................10 7.Waiver Of Subrogation ...........................................................................................................11 8.Automatic Additional Insured -Specified Relationships:..................................................11 •Managers Or Lessors Of Premises; •Lessor Of Leased Equipment; •Vendors; •State Or Governmental Agency Or Subdivision Or Political Subdivision -Permits Or Authorizations Relating To Premises; and •Mortgagee, Assignee Or Receiver 9.Property Damage To Borrowed Equipment .........................................................................14 10.Employees As Insureds -Specified Health Care Services And Good Samaritan Services ...................................................................................................................................15 11.Broadened Notice Of Occurrence .........................................................................................15 12.Nonowned Aircraft ..................................................................................................................15 13.Bodily Injury Redefined ..........................................................................................................15 14.Expected Or Intended Injury Redefined ...............................................................................15 15.Former Employees As Insureds ............................................................................................15 16.Voluntary Property Damage Coverage And Care,Custody Or Control Liability Coverage..................................................................................................................................16 17.Broadened Contractual Liability -Work Within 50'Of Railroad Property.........................17 18.Alienated Premises .................................................................................................................17 B.Limits Of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1.Employee Benefit Liability Coverage Each Employee Limit: $1,000,000 Aggregate Limit: $3,000,000 Deductible Amount:$1,000 3.Damage To Premises Rented To You The lesser of: a.The Each Occurrence Limit shown in the Declarations; or b.$500,000 unless otherwise stated $ 4.Supplementary Payments a.Bail Bonds:$2,500 Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 2 of 17 b.Loss Of Earnings: $500 5.Medical Payments Medical Expense Limit:$10,000 9.Property Damage To Borrowed Equipment Each Occurrence Limit:$10,000 Deductible Amount:$250 16.Voluntary Property Damage Coverage (Coverage a.)And Care, Custody Or Control Liability Coverage (Coverage b.) Limits Of Insurance Coverage a. $1,000 Each Occurrence $5,000 Aggregate Coverage b.$5,000 Each Occurrence unless otherwise stated $ Deductible Amount (Each Occurrence) Coverage a.$250 Coverage b.$250 unless otherwise stated $ COVERAGE PREMIUM BASIS (a)Area (b)Payroll (c)Gross Sales (d)Units (e)Other RATE (For Limits in Excess of $5,000) ADVANCE PREMIUM (For Limits in Excess of $5,000) b.Care, Custody Or Control $ TOTAL ANNUAL PREMIUM $ Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 3 of 17 C.Coverages 1.Employee Benefit Liability Coverage a.The following is added to Section I - Coverages: Employee Benefit Liability Cover- age (1)Insuring Agreement (a)We will pay those sums that the insured becomes legally obligated to pay as damag- es caused by any act, error or omission of the insured, or of any other person for whose acts the insured is legally liable, to which this insurance applies. W e will have the right and duty to defend the insured against any "suit"seeking those damages. However, we will have no duty to defend against any "suit"seeking damages to which this in- surance does not apply. We may,at our discretion, in- vestigate any report of an act, error or omission and settle any claim or "suit"that may result. But: 1)The amount we will pay for damages is limited as described in Section III -Limits Of Insur- ance; and 2)Our right and duty to defend ends when we have used up the appli- cable limit of insurance in the payment of judg- ments or settlements. No other obligation or liabil- ity to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. (b)This insurance applies to damages only if the act, er- ror or omission, is negligent- ly committed in the "admin- istration"of your "employee benefit program"; and 1)Occurs during the policy period; or 2)Occurred prior to the "first effective date"of this endorsement pro- vided: a)You did not have knowledge of a claim or "suit"on or before the "first ef- fective date"of this endorsement. You will be deemed to have knowledge of a claim or "suit" when any "author- ized representa- tive"; i)Reports all, or any part,of the act, error or omission to us or any other insurer; ii)Receives a written or ver- bal demand or claim for dam- ages because of the act, er- ror or omis- sion; and b)There is no other applicable insur- ance. (2)Exclusions This insurance does not apply to: (a)Bodily Injury, Property Damage Or Personal And Advertising Injury "Bodily injury", "property damage"or "personal and advertising injury". (b)Dishonest,Fraudulent, Criminal Or Malicious Act Damages arising out of any intentional, dishonest, fraudulent, criminal or mali- cious act, error or omission, committed by any insured, including the willful or reck- less violation of any statute. (c)Failure To Perform A Con- tract Damages arising out of fail- ure of performance of con- tract by any insurer. Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 4 of 17 (d)Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the "employee benefit program". (e)Inadequacy Of Perfor- mance Of Invest- ment/Advice Given With Respect To Participation Any claim based upon: 1)Failure of any invest- ment to perform; 2)Errors in providing in- formation on past per- formance of investment vehicles; or 3)Advice given to any person with respect to that person's decision to participate or not to par- ticipate in any plan in- cluded in the "employee benefit program". (f)Workers'Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers'compensation,un- employment compensation insurance, social security or disability benefits law or any similar law. (g)ERISA Damages for which any in- sured is liable because of li- ability imposed on a fiduci- ary by the Employee Re- tirement Income Security Act of 1974, as now or hereafter amended,or by any similar federal, state or local laws. (h)Available Benefits Any claim for benefits to the extent that such benefits are available, with reasonable effort and cooperation of the insured,from the applicable funds accrued or other col- lectible insurance. (i)Taxes, Fines Or Penalties Taxes, fines or penalties, in- cluding those imposed un- der the Internal Revenue Code or any similar state or local law. (j)Employment-Related Prac- tices Any liability arising out of any: (1)Refusal to employ; (2)Termination of employ- ment; (3)Coercion, demotion, evaluation, reassign- ment, discipline,defa- mation, harassment, humiliation, discrimina- tion or other employ- ment -related practices, acts or omissions; or (4)Consequential liability as a result of (1), (2) or (3)above. This exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the in- jury. (3)Supplementary Payments Section I -Coverages, Sup- plementary Payments -Cover- ages A And B also apply to this Coverage. b.Who Is An Insured As respects Employee Benefit Lia- bility Coverage, Section II -Who Is An Insured is replaced by the follow- ing: (1)If you are designated in the Dec- larations as: (a)An individual, you and your spouse are insureds, but on- ly with respect to the con- duct of a business of which you are the sole owner. (b)A partnership or joint ven- ture, you are an insured. Your members, your part- Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 5 of 17 ners,and their spouses are also insureds but only with respect to the conduct of your business. (c)A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are in- sureds,but only with respect to their duties as your man- agers. (d)An organization other than a partnership, joint venture or limited liability company,you are an insured. Your "execu- tive officers"and directors are insureds,but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with re- spect to their liability as stockholders. (e)A trust, you are an insured. Your trustees are also in- sureds, but only with respect to their duties as trustees. (2)Each of the following is also an insured: (a)Each of your "employees" who is or was authorized to administer your "employee benefit program"; (b)Any persons,organizations or "employees"having prop- er temporary authorization to administer your "employ- ee benefit program"if you die, but only until your legal representative is appointed; or (c)Your legal representative if you die, but only with re- spect to duties as such. That representative will have all your rights and duties under this Coverage Part. (3)Any organization you newly ac- quire or form, other than a part- nership,joint venture or limited liability company, and over which you maintain ownership or major- ity interest, will qualify as a Named Insured if no other similar insurance applies to that organi- zation. However,coverage under this provision: (a)Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and (b)Does not apply to any act, error or omission that was committed before you ac- quired or formed the organi- zation. c.Limits Of Insurance As respects Employee Benefit Lia- bility Coverage, Section III -Limits Of Insurance is replaced by the fol- lowing: (1)The Limits of Insurance shown in Section B. Limits Of Insurance, 1.Employee Benefit Liability Coverage and the rules below fix the most we will pay regardless of the number of: (a)Insureds; (b)Claims made or "suits" brought; (c)Persons or organizations making claims or bringing "suits"; (d)Acts, errors or omissions; or (e)Benefits included in your "employee benefit program". (2)The Aggregate Limit shown in Section B.Limits Of Insurance, 1.Employee Benefit Liability Coverage of this endorsement is the most we will pay for all dam- ages because of acts, errors or omissions negligently committed in the "administration"of your "employee benefit program". (3)Subject to the limit described in (2)above, the Each Employee Limit shown in Section B.Limits Of Insurance, 1.Employee Benefit Liability Coverage of this endorsement is the most we will pay for all damages sus- tained by any one "employee", including damages sustained by such "employee's"dependents and beneficiaries, as a result of: (a)An act, error or omission; or Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 6 of 17 (b)A series of related acts, er- rors or omissions, regard- less of the amount of time that lapses between such acts, errors or omissions; negligently committed in the "administration"of your "employ- ee benefit program". However, the amount paid under this endorsement shall not ex- ceed, and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the "employee benefit program." (4)Deductible Amount (a)Our obligation to pay dam- ages on behalf of the in- sured applies only to the amount of damages in ex- cess of the Deductible Amount stated in the Decla- rations as applicable to Each Employee. The limits of insurance shall not be re- duced by the amount of this deductible. (b)The Deductible Amount stated in the Declarations applies to all damages sus- tained by any one "employ- ee", including such "employ- ee's"dependents and bene- ficiaries, because of all acts, errors or omissions to which this insurance applies. (c)The terms of this insurance, including those with respect to: 1)Our right and duty to defend the insured against any "suits" seeking those damag- es; and 2)Your duties, and the du- ties of any other in- volved insured, in the event of an act,error or omission, or claim; apply irrespective of the ap- plication of the Deductible Amount. (d)We may pay any part or all of the Deductible Amount to effect settlement of any claim or "suit"and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the Deductible Amount as we have paid. d.Additional Conditions As respects Employee Benefit Lia- bility Coverage, Section IV -Com- mercial General Liability Condi- tions is amended as follows: (1)Item 2.Duties In The Event Of Occurrence,Offense, Claim Or Suit is replaced by the following: 2.Duties In The Event Of An Act, Error Or Omission, Or Claim Or Suit a.You must see to it that we are notified as soon as practicable of an act, error or omission which may result in a claim. To the extent possible, notice should include: (1)What the act, error or omission was and when it oc- curred; and (2)The names and addresses of any- one who may suf- fer damages as a result of the act, error or omission. b.If a claim is made or "suit"is brought against any insured, you must: (1)Immediately record the specifics of the claim or "suit"and the date received; and (2)Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practicable. c.You and any other in- volved insured must: (1)Immediately send us copies of any demands, notices, summonses or le- gal papers re- Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 7 of 17 ceived in connec- tion with the claim or "suit"; (2)Authorize us to ob- tain records and other information; (3)Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4)Assist us, upon our request, in the en- forcement of any right against any person or organi- zation which may be liable to the in- sured because of an act, error or omission to which this insurance may also apply. d.No insured will, except at that insured's own cost, voluntarily make a payment,assume any obligation, or incur any expense without our consent. (2)Item 5.Other Insurance is re- placed by the following: 5.Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are limited as follows: a.Primary Insurance This insurance is prima- ry except when c.below applies. If this insurance is primary,our obliga- tions are not affected unless any of the other insurance is also prima- ry. Then, we will share with all that other insur- ance by the method de- scribed in b.below. b.Method Of Sharing If all of the other insur- ance permits contribu- tion by equal shares, we will follow this meth- od also. Under this ap- proach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other in- surance does not permit contribution by equal shares, we will contrib- ute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insur- ers. c.No Coverage This insurance shall not cover any loss for which the insured is entitled to recovery under any other insurance in force previous to the effective date of this Coverage Part. e.Additional Definitions As respects Employee Benefit Lia- bility Coverage, Section V -Defini- tions is amended as follows: (1)The following definitions are added: 1."Administration"means: a.Providing information to "employees", including their dependents and beneficiaries, with re- spect to eligibility for or scope of "employee benefit programs"; b.Interpreting the "em- ployee benefit pro- grams"; c.Handling records in connection with the "employee benefit pro- grams"; or d.Effecting, continuing or terminating any "em- ployee's"participation in Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 8 of 17 any benefit included in the "employee benefit program". However, "administration" does not include: a.Handling payroll deduc- tions; or b.The failure to effect or maintain any insurance or adequate limits of coverage of insurance, including but not limited to unemployment insur- ance, social security benefits,workers'com- pensation and disability benefits. 2."Cafeteria plans"means plans authorized by applica- ble law to allow "employees" to elect to pay for certain benefits with pre-tax dollars. 3."Employee benefit pro- grams"means a program providing some of all of the following benefits to "em- ployees", whether provided through a "cafeteria plan"or otherwise: a.Group life insurance; group accident or health insurance; dental, vision and hearing plans; and flexible spending ac- counts; provided that no one other than an "em- ployee"may subscribe to such benefits and such benefits are made generally available to those "employees"who satisfy the plan's eligibil- ity requirements; b.Profit sharing plans, employee savings plans, employee stock ownership plans, pen- sion plans and stock subscription plans, pro- vided that no one other than an "employee" may subscribe to such benefits and such bene- fits are made generally available to all "employ- ees"who are eligible under the plan for such benefits; c.Unemployment insur- ance, social security benefits, workers'com- pensation and disability benefits; and d.Vacation plans, includ- ing buy and sell pro- grams; leave of ab- sence programs, includ- ing military, maternity, family,and civil leave; tuition assistance plans; transportation and health club subsidies. 4."First effective date"means the date upon which cover- age was first effected in a series of uninterrupted re- newals of insurance cover- age. (2)The following definitions are de- leted in their entirety and re- placed by the following: 8."Employee"means a person actively employed, formerly employed, on leave of ab- sence or disabled,or retired. "Employee"includes a "leased worker". "Employee" does not include a "tempo- rary worker". 21."Suit"means a civil proceed- ing in which money damag- es because of an act,error or omission to which this in- surance applies are alleged. "Suit"includes: a.An arbitration proceed- ing in which such dam- ages are claimed and to which the insured must submit or does submit with our consent; b.Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the in- sured submits with our consent; or c.An appeal of a civil pro- ceeding. Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 9 of 17 2.Unintentional Failure To Disclose Haz- ards Section IV -Commercial General Liabil- ity Conditions, 7.Representations is amended by the addition of the following: Based on our dependence upon your rep- resentations as to existing hazards,if un- intentionally you should fail to disclose all such hazards at the inception date of your policy,we will not reject coverage under this Coverage Part based solely on such failure. 3.Damage To Premises Rented To You a.The last Paragraph of 2. Exclusions under Section I -Coverage A -Bod- ily Injury And Property Damage Li- ability is replaced by the following: Exclusions c.through q.do not apply to "property damage"by fire, explo- sion,lightning, smoke or soot to premises while rented to you or tem- porarily occupied by you with permis- sion of the owner,for which the amount we will pay is limited to the Damage To Premises Rented To You Limit as described in Section III -Limits Of Insurance. b.The insurance provided under Sec- tion I -Coverage A -Bodily Injury And Property Damage Liability ap- plies to "property damage"arising out of water damage to premises that are both rented to and occupied by you. (1)As respects Water Damage Le- gal Liability,as provided in Para- graph 3.b.above: The exclusions under Section I - Coverage A -Bodily Injury And Property Damage Liability,2. Exclusions, other than i. War and the Nuclear Energy Liabil- ity Exclusion (Broad Form),are deleted and the following are added: This insurance does not apply to: (a)"Property damage": (i)Assumed in any con- tract or agreement; or (ii)Caused by or resulting from any of the follow- ing: 1)Wear and tear; 2)Rust or other cor- rosion,decay,de- terioration, hidden or latent defect or any quality in property that caus- es it to damage or destroy itself; 3)Smog; 4)Mechanical break- down,including rupture or bursting caused by centrif- ugal force; 5)Settling,cracking, shrinking or ex- pansion; 6)Nesting or infesta- tion, or discharge or release of waste products or secre- tions, by insects, birds,rodents or other animals; or 7)Presence, growth, proliferation, spread or any ac- tivity of fungus,in- cluding mold or mildew, and any mycotoxins, spores, scents or byproducts pro- duced or released by fungi. (b)"Property damage"caused directly or indirectly by any of the following: (i)Earthquake, volcanic eruption, landslide or any other earth move- ment; (ii)Water that backs up or overflows or is other- wise discharged from a sewer,drain,sump, sump pump or related equipment; (iii)Water under the ground surface pressing on,or flowing or seeping through: 1)Foundations, walls, floors or paved surfaces; Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 10 of 17 2)Basements, whether paved or not; or 3)Doors,windows or other openings. (c)"Property damage"caused by or resulting from water that leaks or flows from plumbing,heating, air condi- tioning, fire protection sys- tems,or other equipment, caused by or resulting from freezing, unless: (i)You did your best to maintain heat in the building or structure; or (ii)You drained the equip- ment and shut off the water supply if the heat was not maintained. (d)"Property damage"to: (i)Plumbing,heating,air conditioning,fire protec- tion systems,or other equipment or applianc- es; or (ii)The interior of any building or structure, or to personal property in the building or structure, caused by or resulting from rain, snow, sleet or ice, whether driven by wind or not. c.Limit Of Insurance With respect to the insurance afford- ed in Paragraphs 3.a. and 3.b.above, the Damage To Premises Rented To You Limit as shown in the Decla- rations is amended as follows: (1)Paragraph 6. of Section III - Limits Of Insurance is replaced by the following: 6.Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A -Bodily Injury And Property Dam- age Liability for damages because of "property dam- age"to any one premises: a.W hile rented to you,or temporarily occupied by you with permission of the owner; b.In the case of damage by fire, explosion, light- ning,smoke or soot, while rented to you; or c.In the case of damage by water, while rented to and occupied by you. (2)The most we will pay is limited as described in Section B.Limits Of Insurance, 3.Damage To Premises Rented To You of this endorsement. 4.Supplementary Payments Under Section I -Supplementary Pay- ments -Coverages A And B: a.Paragraph 2.is replaced by the fol- lowing: Up to the limit shown in Section B. Limits Of Insurance, 4.a.Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- plies. W e do not have to furnish these bonds. b.Paragraph 4.is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to the limit shown in Sec- tion B.Limits Of Insurance, 4.b. Loss Of Earnings of this endorsement per day because of time off from work. 5.Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits Of Insurance, 5. Medical Pay- ments of this endorsement. 6.180 Day Coverage For Newly Formed Or Acquired Organizations Section II -Who Is An Insured is amended as follows: Subparagraph a.of Paragraph 3.is re- placed by the following: a.Insurance under this provision is af- forded only until the 180th day after Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 11 of 17 you acquire or form the organization or the end of the policy period, whichever is earlier; 7.Waiver Of Subrogation Section IV -Commercial General Liabil- ity Conditions, 9.Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract or agree- ment with that person or organization and included in the "products-completed oper- ations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Cov- erage Part. The insured must do nothing after a loss to impair our rights. At our re- quest, the insured will bring "suit"or trans- fer those rights to us and help us enforce those rights. 8.Automatic Additional Insured -Speci- fied Relationships a.The following is added to Section II - Who Is An Insured: (1)Any person(s)or organization(s) described in Paragraph 8.a.(2)of this endorsement (hereinafter re- ferred to as additional insured) whom you are required to add as an additional insured under this Coverage Part by reason of a written contract,written agree- ment, written permit or written authorization. (2)Only the following persons or or- ganizations are additional in- sureds under this endorsement, and insurance coverage provided to such additional insureds is lim- ited as provided herein: (a)Managers Or Lessors Of Premises The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 8.a.(1)of this en- dorsement to provide insur- ance, but only with respect to liability arising out of the ownership, maintenance or use of that part of the prem- ises leased to you,subject to the following additional exclusions: This insurance does not ap- ply to: (i)Any "occurrence"which takes place after you cease to be a tenant in that premises; (ii)Structural alterations, new construction or demolition operations performed by or on be- half of such additional insured. (b)Lessor Of Leased Equip- ment Any person or organization from whom you lease equipment when you and such person(s) or organiza- tion(s) have agreed per Par- agraph 8.a.(1)of this en- dorsement to provide insur- ance. Such person(s) or or- ganization(s) are insureds only with respect to liability for "bodily injury", "property damage"or "personal and advertising injury"caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or or- ganization(s).A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends.However, this insurance does not ap- ply to any "occurrence" which takes place after the equipment lease expires. (c)Vendors Any person or organization (referred to below as ven- dor) with whom you have agreed per Paragraph 8.a.(1)of this endorsement to provide insurance, but on- ly with respect to "bodily in- jury"or "property damage" arising out of "your products" which are distributed or sold in the regular course of the Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 12 of 17 vendor's business, subject to the following additional exclusions: (i)The insurance afforded the vendor does not apply to: 1)"Bodily injury"or "property damage" for which the ven- dor is obligated to pay damages by reason of the as- sumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; 2)Any express war- ranty unauthorized by you; 3)Any physical or chemical change in the product made intentionally by the vendor; 4)Repackaging, ex- cept when un- packed solely for the purpose of in- spection, demon- stration,testing, or the substitution of parts under in- structions from the manufacturer, and then repackaged in the original con- tainer; 5)Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normal- ly undertakes to make in the usual course of busi- ness, in connection with the distribution or sale of the products; 6)Demonstration,in- stallation, servicing or repair opera- tions, except such operations per- formed at the ven- dor's premises in connection with the sale of the product; 7)Products which, af- ter distribution or sale by you, have been labeled or re- labeled or used as a container,part or ingredient of any other thing or sub- stance by or for the vendor; or 8)"Bodily injury"or "property damage" arising out of the sole negligence of the vendor for its own acts or omis- sions or those of its employees or anyone else acting on its behalf.How- ever,this exclusion does not apply to: a)The excep- tions contained in Paragraphs (c) (i) 4) or 6) of this en- dorsement;or b)Such inspec- tions, adjust- ments, tests or servicing as the vendor has agreed to make or nor- mally under- takes to make in the usual course of business, in connection with the distri- bution or sale of the prod- ucts. (ii)This insurance does not apply to any insured person or organization: 1)From whom you have acquired such products,or any ingredient, part Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 13 of 17 or container, enter- ing into, accompa- nying or containing such products; or 2)When liability in- cluded within the "products- completed opera- tions hazard"has been excluded un- der this Coverage Part with respect to such products. (d)State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises Any state or governmental agency or subdivision or po- litical subdivision with which you have agreed per Para- graph 8.a.(1)of this en- dorsement to provide insur- ance, subject to the follow- ing additional provision: This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political sub- division has issued a permit or authorization in connec- tion with premises you own, rent or control and to which this insurance applies: (i)The existence, mainte- nance, repair,construc- tion, erection or removal of advertising signs, awnings, canopies, cel- lar entrances, coal holes, driveways, man- holes, marquees, hoist away openings,side- walk vaults,street ban- ners or decorations and similar exposures; or (ii)The construction, erec- tion or removal of eleva- tors; or (iii)The ownership, mainte- nance or use of any el- evators covered by this insurance. (e)Mortgagee, Assignee Or Receiver Any person or organization with whom you have agreed per Paragraph 8.a.(1) of this endorsement to provide in- surance, but only with re- spect to their liability as mortgagee, assignee, or re- ceiver and arising out of the ownership, maintenance,or use of the premises by you. However, this insurance does not apply to structural alterations, new construction and demolition operations performed by or for that per- son or organization. (3)The insurance afforded to addi- tional insureds described in Par- agraph 8.a.(1)of this endorse- ment: (a)Only applies to the extent permitted by law; and (b)Will not be broader than that which you are required by the written contract,written agreement, written permit or written authorization to pro- vide for such additional in- sured; and (c)Does not apply to any per- son, organization,vendor, state, governmental agency or subdivision or political subdivision, specifically named as an additional in- sured under any other provi- sion of, or endorsement added to, this Coverage Part, provided such other provision or endorsement covers the injury or damage for which this insurance ap- plies. b.With respect to the insurance afford- ed to the additional insureds de- scribed in Paragraph 8.a.(1)of this endorsement, the following is added to Section III -Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of in- surance: (1)Required by the written contract, written agreement, written permit or written authorization described Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 14 of 17 in Paragraph 8.a.(1)of this en- dorsement; or (2)Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. c.Section IV -Commercial General Liability Conditions is amended to include the following: Automatic Additional Insured Pro- vision This insurance applies only if the "bodily injury"or "property damage" occurs, or the "personal and advertis- ing injury"offense is committed: (1)During the policy period; and (2)Subsequent to your execution of the written contract or written agreement, or the issuance of a written permit or written authori- zation,described in Paragraph 8.a.(1). d.Section IV -Commercial General Liability Conditions is amended as follows: Condition 5. Other Insurance is amended to include: Primary And Noncontributory In- surance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured per Paragraph 8.a.(1)of this endorsement provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract,agreement, permit or authorization described in 8.a.(2) of this endorsement that this in- surance would be primary and would not seek contribution from any other insurance available to the additional insured. 9.Property Damage To Borrowed Equip- ment a.The following is added to Exclusion 2.j.Damage To Property under Sec- tion I -Coverage A -Bodily Injury And Property Damage Liability: Paragraphs (3)and (4)of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform operations at the time of loss. b.With respect to the insurance provid- ed by this section of the endorse- ment, the following additional provi- sions apply: (1)The Limits of Insurance shown in the Declarations are replaced by the limits designated in Section B.Limits Of Insurance, 9. Property Damage To Borrowed Equipment of this endorsement with respect to coverage provid- ed by this endorsement. These limits are inclusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B.Limits Of Insurance, 9.Property Damage To Borrowed Equipment of this endorsement fix the most we will pay in any one "occurrence"re- gardless of the number of: (a)Insureds; (b)Claims made or "suits" brought; or (c)Persons or organizations making claims or bringing "suits". (2)Deductible Clause (a)Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible Amount stated in Section B.Limits Of Insur- ance, 9.Property Damage To Borrowed Equipment of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount. (b)Section IV -Commercial General Liability Condi- tions,2. Duties In The Event Of Occurrence,Of- fense,Claim Or Suit,ap- plies to each claim or "suit" irrespective of the amount. Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 15 of 17 (c)We may pay any part or all of the deductible amount to effect settlement of any claim or "suit"and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the deductible amount as has been paid by us. 10.Employees As Insureds -Specified Health Care Services And Good Samar- itan Services Paragraph 2.a.(1)(d)under Section II - Who Is An Insured does not apply to: a.Your "employees"who provide pro- fessional health care services on your behalf as a duly licensed nurse, emergency medical technician or paramedic in the jurisdiction where an "occurrence"or offense to which this insurance applies takes place; or b.Your "employees"or "volunteer work- ers", other than an employed or vol- unteer doctor, providing first aid or good samaritan services during their work hours for you will be deemed to be acting within the scope of their employment by you or performing du- ties related to the conduct of your business. 11.Broadened Notice Of Occurrence Paragraph a.of Condition 2.Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV -Com- mercial General Liability Conditions is replaced by the following: a.You must see to it that we are notified as soon as practicable of an "occur- rence"or an offense which may result in a claim. To the extent possible, no- tice should include: (1)How, when and where the "oc- currence"or offense took place; (2)The names and addresses of any injured persons and wit- nesses; and (3)The nature and location of any injury or damage arising out of the "occurrence"or offense. This requirement applies only when the "occurrence"or offense is known to an "authorized representative". 12.Nonowned Aircraft The following is added to Exclusion 2.g. Aircraft, Auto Or Watercraft under Sec- tion I -Coverage A -Bodily Injury And Property Damage Liability: This exclusion does not apply to an air- craft you do not own, provided that: a.The pilot in command holds a current effective certificate, issued by a duly constituted authority of the United States of America or Canada, desig- nating that person as a commercial or airline transport pilot; b.The aircraft is rented with a trained, paid crew; and c.The aircraft does not transport per- sons or cargo for a charge. 13.Bodily Injury Redefined Section V -Definitions, 4."Bodily injury" is replaced by the following: 4."Bodily injury"means bodily harm or injury, sickness, disease,disability, humiliation, shock, fright,mental an- guish or mental injury,including care, loss of services or death resulting from any of these at any time. 14.Expected Or Intended Injury Redefined The last sentence of Exclusion 2.a.Ex- pected Or Intended Injury under Sec- tion I -Coverage A -Bodily Injury And Property Damage Liability is replaced by the following: This exclusion does not apply to "bodily injury"or "property damage"resulting from the use of reasonable force to protect per- sons or property. 15.Former Employees As Insureds The following is added to Paragraph 2. under Section II -Who Is An Insured: 2.Each of the following is also an in- sured: Any of your former "employees", di- rectors, managers, members, part- ners or "executive officers", including but not limited to retired, disabled or those on leave of absence, but only for acts within the scope of their em- ployment by you or for duties related to the conduct of your business. Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 16 of 17 16.Voluntary Property Damage Coverage a.Coverage D -Voluntary Property Damage Coverage Section I -Coverages is amended to include the following: (1)Insuring Agreement (a)We will pay the cost to re- pair or replace "property damage"to property of oth- ers arising out of operations incidental to your business when: 1)Damage is caused by you; or 2)Damage occurs while in your possession. At your written request,we will make this payment re- gardless of whether you are at fault for the "property damage". If you, at our request, re- place, or make any repairs to, damaged property of others, the amount we will pay under Voluntary Prop- erty Damage Coverage will be determined by your actu- al cost to replace or repair the damaged property, ex- cluding any profit or over- head. Any payment we make un- der Voluntary Property Damage Coverage shall not be interpreted as an admis- sion of liability by you or by us. It shall be your duty,not our duty,to defend any claim or "suit"to which this insurance applies. No other obligation or liabil- ity to pay sums or perform acts or services is covered. (b)This insurance applies to "property damage"only if: 1)The "property damage" takes place in the "cov- erage territory"; and 2)The "property damage" occurs during the policy period. (2)Exclusions This insurance does not apply to "property damage"that would be excluded by Coverage A -Bodi- ly Injury And Property Damage Liability,2. Exclusions, except for j. Damage To Property, par- agraphs (3),(4), (5)and (6), k. Damage To Your Product, and l. Damage To Your Work. (3)Definitions For purposes of Voluntary Property Damage Coverage only, the following definitions un- der Section V -Definitions are replaced by the following: 16."Occurrence"means an in- cident,including continuous or repeated exposure to substantially the same gen- eral harmful conditions that result in "property damage". 20."Property damage"means physical injury to tangible property. "Electronic data"is not tangible property, and "property damage"does not include disappearance, ab- straction or theft. b.Care, Custody Or Control Liability Coverage For purposes of the coverage provid- ed by Care, Custody Or Control Li- ability Coverage in this endorsement only: (1)Section I -Coverage A -Bodily Injury And Property Damage Liability, 2. Exclusions, j. Damage To Property, Subpara- graphs (3),(4)and (5)do not ap- ply to "property damage"to the property of others described therein. (2)It shall be your duty, not our duty, to defend any claim or "suit"to which this insurance applies. No other obligation or liability to pay sums or perform acts or ser- vices is covered. This Paragraph (2) supersedes any provision in the Coverage Part to the contrary. (3)"Property damage"for which Care,Custody Or Control Lia- bility Coverage provides cover- Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission.Page 17 of 17 age shall be deemed to be caused by an "occurrence"but shall not serve to limit or restrict the applicability of any exclusion for "property damage"under this Coverage Part. c.Limits Of Insurance And Deducti- bles For purposes of the coverage provid- ed by Voluntary Property Damage Coverage and Care, Custody Or Control Liability Coverage, Section III -Limits Of Insurance is amended to include the following: (1)The Limits of Insurance shown in the Declarations are replaced by the limits designated in Section B. Limits Of Insurance, 16. Voluntary Property Damage Coverage And Care, Custody Or Control Liability Coverage, in this endorsement. These limits are inclusive of, and not in addi- tion to, the limits being replaced. The Limits of Insurance shown in the Schedule fix the most we will pay regardless of the number of: (a)Insureds; (b)Claims made or "suits" brought;or (c)Persons or organizations making claims or bringing "suits". (2)(a)Subject to (3)below, the Voluntary Property Dam- age Coverage,Each Occur- rence Limit Of Insurance is the most we will pay for the sum of damages under Vol- untary Property Damage Coverage; (b)The Care, Custody Or Con- trol Liability Coverage, Each Occurrence Limit Of Insurance is the most we will pay for the sum of damages under Care, Custody Or Control Liability Coverage; because of all "property damage" arising out of any one "occur- rence". (3)The Voluntary Property Dam- age Coverage,Aggregate Limit Of Insurance is the most we will pay for the sum of all damages under Voluntary Property Damage Coverage. This limit applies separately to each "cov- erage term". (4)Deductible Clause (a)Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible Amount stated for the applicable coverage in the Schedule. The limits of insurance will not be re- duced by the application of such Deductible Amount. (b)Section IV -Commercial General Liability Condi- tions, 2.Duties In The Event Of Occurrence,Of- fense,Claim Or Suit,ap- plies to each claim or "suit" irrespective of the amount. (c)We may pay any part or all of the Deductible Amount to effect settlement of any claim or "suit"and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the Deductible Amount as has been paid by us. 17.Broadened Contractual Liability -Work Within 50'Of Railroad Property Section V -Definitions, 12."Insured con- tract"is amended as follows: a.Paragraph c.is replaced by the fol- lowing: c.Any easement or license agree- ment; b.Paragraph f.(1)is deleted in its entire- ty. 18.Alienated Premises Exclusion 2.j. D amage to Property, Paragraph (2)under Section I -Cover- age A -Bodily Injury And Property Damage Liability does not apply if the premises are "your work". Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E Schedule 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 Policy No. Endorsement No. Insured Premium $ Insurance Company Countersigned by WC 00 03 13 (Ed. 4-84)Copyright 1983 National Council on Compensation Insurance. 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. Any person or organization that you perform work for that is liable for an injury, covered by this policy, that prior to the injury has written contract requiring a waiver of our right to recover from them. Docusign Envelope ID: 5AD01037-F3F7-4DBF-A1FA-24CE3D28246E