18-008 Gridics, LLC; Technology Software-As-A-Service (SaaS) Agreement(8) Optometry or optome1r1o services
including but not llml1ed to examination
of the eyes and the pre sc ri bing ,
preparation, fftting,dernonstraUon or
distrib ution of ophthalmic lenses and
similar products;
(9) An)•:
(a) Body pi ercing (not lncludtng ear
piercing);
(b) Tattooing, lnoluding but not limited
to Iha Insertion of pigments Into or
under the skin; and
(c) Similar se1Vloes;
(10) Servi ce s In the practice of pharmacy;
and
{11) Compu te r consulting, design or
programming services, Including web
site design .
Para9raphs (4} and {5) oi this exclusion do
not apply to the Incid ental Medical
Malpractice coverage afforded under
Paragraph 1.e.,ln Se1otlon A. -Coverages.
k. Damage To Property
'Property damage' to:
(1) Properly you own, rent or occupy,
Including any costs or expenses
Incurred by you, or any other person,
organization or entity, for repair,
replacement, enhancement,
restoration or maintenance of such
property for any raason, Inc luding
prevention or Injury to a person or
damage to another's properly;
(2) Premises you sell, give away or
abandon, If (he ''property damage" arises
out of any patt'ofthose premises:
(3) Property loaned to you;
(4) Personal prop erly In the care, custody
or control -of the lnsL1red;
(6) That parllcular part of rea l property on
which you or any contractors or
subcontractors wo rki ng directly or
Indirectly on your be half .ire performing
operations, If the •property dam:1ge"
arises out of those operations; or
(6) That particular part of any property
that must be restored, repaired or
replaced because "your work" was
I ncorreotly performed on It.
Form SS 00 08 04 05
BUSINcSS LIABILITY COVERAGE FORM
Paragraphs (1), (3) and {4) of Uils
exclusion do not apply to "property
damage" (other than damage by fire) lo
premises , Including the contents of such
prem is es, rented to you for a period of 7 or
fewer consecutive days . A separate Limit
of Insurance applies to Darna9e To
Premises Rented To You as described In
Section D •• Limits or Insurance.
Paragraph (2) of this exclusion does not
apply if U,e premises are "your work' and
were never occupied, rented or held fol'
rental by you.
Paragraphs (3) and (4) of \his exclusion do
not apply to the use of elevators.
Paragraphs (3), (4), (5} and (6) of this
exclusion do not apply to llablllty assumed
under a sidetrack agreemenl
Paragraphs (3) and (4) of lhls exclusion do
not apply to "property damage" to
borrowed equipment while not being used
to pe1form operaUons at a Job site.
Paragraph (6) of this exclusion does not
apply to "property damage" included In the
"products-completed operations hazard".
I. Damage To Your Product ·
"Property . damage'' to "your product'
arising out of It or any part of it.
m. Damage To Your Work
"P roperty damage" to "your work" arising
out of it or any part of It and Included In the
"products-completed operations hazard".
This exclusion does not apply If the
damaged work or the work out of which
the damage arises was performed on your
behalf by a subcontractor.
n. Damage To Impaired Property Or
Property Not Physically Jnfurad
"Property damage" to "impaired property"
or property that has not been physically
Injured, ar is ing ou t of:
(1) A defect, deflcle()cy, Inadequacy or
dangero us condlllon fn ")'Our product"
or "your work": or
{2) A delay or failure by you or anyone
acting 011 your behalf to perform a
contract or agreement In accordance
with Its terms.
This exclusion does not apply to the loss
of use of other property arising out of
sudden and accidental phys/cal ln/ury to
nyou r product" or "your work" after It has
been put to Its Intended use.
Page 7 of 24
BUSINESS LIABILITY COVERAGE FORM
o. Recall Of Products, Work Or lmpnlred
Property
Damages claimed for any loss, oost or
expense Incurred by you or others for the
loss of use, withdrawal, recall, In spection,
repair, replacement, adjustment, removal
or disposal of:
(1) "Your produot";
(2) "Your work"; or
(3) "Impaired property";
If such product, work or property Is
wlthdraw11 or recalled from the market or
from use by any person or organization
because of a known or suspected defect,
def!clency, Inadequacy or dangerous
condition In lt.
p. P~rsonal And Advertfsing Injury
"Persol'lal and advertising Injury':
(1) Arising out of oral, writlen or elec tronic
publication of material, if done by or at
the direction of the Insured with
knowledge of its falsity;
(2) Arising out of oral, written or electronic
publlcatlon of material whose first
publicatlon too k place before tha
beginning of the policy period;
(3) Arising out of a cr iminal act commllted
by or at ll)e direction of the Insure d;
(4) Arising out of any breach of oontract,
exce pt an Jmplled contract to use
another's "advertising Idea" In your
"advertisement";
{5} Arising out of the failure of goods,
products or services lo conform with
any statement of quel!ly or
performance made In your
"advertisement";
(6) Arising out of the wrong description of
the price of goods , products or services;
(7) Arising -out oi any vlolation of any
lntelleclual property righ ts such as
copyright, patent, trademark, trade
name, trade secret, servlce mark or
other designation of origin or
aulhenilclly,
Page a of :24
However, this excluslon does not
apply to infringerMht, in your
"adverlis13ment'', of
{a) Copyright;
(b) Slogan, unless the slogan Is also
a lrndemark, trade name, service
mar k or other deslg11atlo11 of origi n
or aulhentlclty; or
(c) Title of o1ny literary or artistic work;
(8) Arlstng out of an offense committed by
an Insured whose business ls:
(.i) Advertising, broadcasting,
publishing or telecastl11g;
(b) Designing or determining content
of web sites for othe rs; or
(c)' An Internet sea roh, access,
oontent or s ervlce p rovlder.
However, this exclusion does 110!
apply to Paragraphs a., b. and c.
und er the definition of "personal and
advertising Injury• In Section G. -
Liability And Medical Expenses
Definitions.
For the pu rpose s of this excluslo11,
placlng an "advertisement" for or
linking to Dthers on your web site, by
Itself, Is not considered the business
of advertising, broadcestlng,
publishing or telecasting;
(9) Arising out of an aJectronic chat room
or bulletin board the insured hosta,
owns, or over which ·the Insured
exercises confrol;
{1 O} Arising out of the unauthorized use of
another's name or product In your e-mail
address, domain nama or meta tag s, or
any other similar tactics to misl ead
a1)0U,er 1s .po(entlal ·customers;
(11) Arising out oi the violation of a
person's right of privacy created by
any state or federal act.
How ever, th Is exclusion does not
apply to liability for damages th at the
Insured would have In 1h13 ;;ibsence of
such state or federal act; ·
(12) Atistng out of :
(a) An "advertisement" for others on
your web site;
(b} ?lacing a link to a web site of
olh er s on yo ur we b site;
( c) Content from a web site of others
displayed within a frame or bo rder
on your web site . Content l11cludes
Information, code, sounds, text,
graph ics or Images; or
(d) Computer code, so ftw are or
programming used lo ena~le:
{i) Your web site; or
(U) Th e presentation or functionality
of an "adveri tsement" or other
conlen l on your web site;
Form SS 00 OB 04 05
{13) Arising out of a violation of any antl-
trusllaw;
(14) Arising out of the fluctuaiion In price or
value of any stocks, bonds or other
secllrllles; or
(15) Arising . out of discrimination or
llllmlllstlon committed by or al the
direction of any "executive officer'',
director, stockholder, partner or
member of the insured.
q. Electronlo Data
Damages arising out of the Joss of, loss of
use of, damage to, corruption of, lnablllty
to access, or inability to manipulate
"electronic data".
r. Employment-Related Practices
"Bod lfy llljury " or "personal and advertising
Injury" to:
(1) A person arising out of any:
(n) Refusal to employ that person;
(b) Termination of thal person's
employment; or
(c) Employment-related practices,
pollclas, eels or omissions, such as
coercion, demotion, evaluation,
reas5!gnment, discipline,
deiamaUon, harassment, humiliation
or, di sari ml nation directed at that
person;or
(2) The spouse, child, parent, brother or
sister of that person as a
consequence of "bodily Injury" or
"personal and ad vertising Injury" to the
person at whom any of the
employment-related practices
described in Paragraphs (a), (b), or (c)
above Is directed.
This exclusion app lies:
(1) Whether lhe insured may be llable as
an employer or In any other capacity;
and
(2) To any obllgatron to share damages
with or repay someone else who mus!
pay damages becausa of lhe Injury.
s. Asbestos
(1) "Bodily Injury ", "property damage• or
"personal and advertising Injury"
arising out of the "asbestos hazard".
(2) Any damages, judgments, seltlemenls,
loss, costs or expenses that ;
Form SS oo 08 04 05
BUStNESS LIABILITY COVERAGE FORM
(a) May be awarded or Incurred by
reason of any claim or suit
alleging actual or threatened Injury
or damage of any nature or kind to
persons or property which would
not llave occurred In whole or In
part but For lhe "asbestos hazard":
(b) Arise out of any request, demand,
order or statutory or regulatory
requlrernent \hat any Insured or
others test for, monitor, clean up,
remove, encapsulate, contain,
treat, detoxi fy or neutralize or in
any way respond to or assess the
effects of an "asbestos hazard"; or
{ c) Arise out of any_ claim or suit fur
do1mages because of testing for,
mon itoring, cleaning up, removing,
enci:ipsu lating, conta ining, \reat{Rg,
detoxifying or neutral iz ing or in any
way responding lo or assessing the
effects ofan "asbes tos hazard '.
t. Violation Of Statutes n,at Govern E-
Malls, Fax, Phone Calls Or Other
Methods Of Sending Material Or
Information
"Bodily Injury''; "property damage", or
"personal and advertising Injury" arising
d lrectly or Indirectly out of any action or
omission that violates or Is alleged to
violate:
(1) The Telephone Consumer Protection
Act (TCPA), Including any amendment
of or addition to such law;
(2) The CAN-SPAM Act of 2003, Including
any amendment of or addition lo such
law; or
(3) Any statute, ordinance or regulation,
other than ihe TCPA or CAN-SPAM Act
of 2DD3, !hat prohibits or fimlts U1e
sending, transmitting, communicating or
distribution of materlal or Information.
Damage To Premises Rented To You -
Exception For Damage By Fire, Lightning
or Exploslon
Exclusions c. thro ugh fl, and k. through o. do
not apply to damage by fire, lfghtnlng or
explosion to premises rented lo you or
temporarily occupied by you with permission of
the owner. A separate Limit of Insurance
applies to this coverage as described In
Secllon D. -Liability And Madlcal Expenses
Limits Of Insurance.
Page 9 of 24
BUSINESS I.IABILITY COVERAGE FORM
2. Applicable To Medical Expenses Coverage
We will not pay expenses for ''bodily Injury":
. a. Any Insured
To any Insured, except "volunteer workers".
b. Hired Person
To a person hired to do work ior or on behalf
of any Insu red or a tenant of any Insu re d,
o, Injury On Normally Occupied Premises
To a person Injured on that part of
premises you own or rent that the person
normally occupies ..
d. Workers' Compensation And Similar
Laws
To a parson, whether or no! an
"employee" of any Insured, If benefits for
the "bodily Injury" are payable or must be
provided under a workers' compenset!on
· or -disability benefits law or a simil ar law .
e. Athletics Activities
To a · person Injured while practicing,
lnstrucllng or part lcipailng In any physlca I
exercises or gam es, sports or alhlelic
contests.
f. Products-Completed Operations Hazard
Included with the "products -co mpleted
operations ·hazard".
g. Business Liablllty Exclusions
Excluded under 'Business Liablllty Coverage.
C. WHO IS AN INSURED
1. Ir you are designated In the Daolaratlons as;
a. An Individual, you and your spouse are
insureds, but only with respect to the
conduct of a business of which you are the
sole owner.
b. A partnership or Joint venture, you are an
insured. Your members, your p!'lrtners, and
their spouses are also Insureds, but only wilh
respect to the conduct of your business.
c. A limited liability company, you are an
insured. Your members are also Insureds,
:but only wilh respect io the conduct of you r
business .. Your manage rs are Insureds, but
only with respect lo their duties as your
managers.
d. An organization other than a partnership,
joint venture ·or limited llablllly company, you
are an insured. Your "executive officers" and
directors are Insureds, but only with respect
to their duUes as your officers or directors.
Your stockholders are also insureds , but onl>•
with respect lo their liability as stockholders .
Page 10 of 24
e. A trust, you are an Insured, Your trustees
are also Insureds, but only with respect to
their duties as trustees .
2. Each of the following Is also an insured:
a. Employees And Volunteer Workers
Your "volun1ee r workera" only while
performing duties related to the conduct of
your business, or your "employees", other
than either you r "executive officers" (If you
are an organization other lhan a
partnership, joint venture or llmlted liability
company) or your managers '(If you are a
limited llablllly company), but only for acts
within t11e scope of their err.ploy.men! b>'
you or while performing duties re la ted to
the conduct of your business.
However , r1one of these "employees'' or
"volunteer workers" are Insureds for:
(1). "Bodily injury" or "personal and
advertising injury":
(a) To you, to your partners or
members (if you are a partnership
or Joint venture.), lo your members
(if you are a l!m lted llablllty
compa ny), or to a co-"employee"
while in the course of his or her
employment or perfo rming .duties
related to the conduct of your
business, or to your other
"volunteer workers" · while
pelformlng duties relate d to the
conduct of your business;
(bl To the spouse, child, parent,
brother or sister of that co-
"employee" or that "volun teer
worker" as a consequence of
Paragraph (1)(a) above;
(c) For which there Is any obligation
to share damages with or repay
someone else who must pay
damages because of the Injury
described 111 Paragraphs (1 )(a} or
(b) above; or
( d} .Ar ising out of his or her providing
or falling to provide professional
health care services .
if )'OU are n at ltl lhe business of
provldl.ng prof.esstonal healtl'1 care
services, Paragraph (d) cloas not apply
to ariy nurse, emergenoy medical
let:hr:ilclan or .Pilr11m edlc employed by
you to provide such services.
(2) "Property damage" to prop erty:
(a) OwneGI, occ up ied or used by,
Fo rm SS 00 OS 04 05
(b) Re11ted to, In the care, custody or
control of, or over wblch physical
0011trol Is being exercised for any
purpose by you, any of your
"employees", "volu11teer workers",
any partner or mamber (if you are
a pc1rtnershlp or Joint venture), or
any member (If you are a llmlfed
liablllly company),
b. Real Estate Manager
Any person (other than your 'employee" or
"volunteer worker"), or any organization
while acflng as your re al estate manager.
c. Temporary Custod ians Of Your
Pt ·operty
Any person or organization having proper
temporary custody of your property If you
die, but only:
(1) With re spsct to llablll(y arising out of the
maintenance or use of that prope1iy; an.d
(2) Until your legal represe ntative has
been sippointed.
d. Legal Representative lf You Die
Your legal representative If you die, bu t
only with respect to duties as such. That
represenMlve wlll have all your tlgh1s and
duties under !his . Insurance .
e. Unnamed Subsidiary
Any subsldlarv and subsidiary thereof, of
yours which Is a legally Incorporated entity
of which you own a flnanclal Interest of
more than 50% of the voting stock on the
effective date of this Coverage .Part.
The Insurance afforded herein for any
subsidiary not shown In the Dec larations
as a named lhsured does not apply to
Injury or damage with respect to which an
Insured under th is Insurance Is also an
Insured under another policy or would be
an Insured under such policy but for 11s
te rmination or upon the exhaustion of Its
flmlts of Insurance.
3, Newly Acquired Or Fortried Organization
Any organization you newly acqu ire or form,
olher than a partnership, Joint venture or
llmlted Jlablllty company , and over whlch you
maintain flnanolal lnteresl of more than 50% of
(he voting stock, will qualify as a Named
Insured If there Is no other simila r Insurance
avalleble to that organfzallon . However:
a. Coverage under this provision Is afforded
only until the 180th day after you acquire
or form !he organization or the end of the
policy period, whichever Is earlier: and
Form ss 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
b. Coverage under this provision does. not
apply to:
(1) "Bodily Injury" or 'property damage"
that occurred; or
(2) "Personal . and advertls!ng Injury"
arising out of an offense com milled
before you acquired or formed !lie
orge.nlzatlon.
4. Operator Of Mobile Equlpment
With l'G$pecl to urnoblle equipment'' registered In
your name under any motor vehicle reg lstratlon
law, any person is an Insured while driving such
equipment along a public highway wlU, your
permission, Any other person or organization
responsible for the conduct of such person Is
also an Insured, but only wllh respect to liability
arising out of the operation of the equipm en~ and
only If no olher insurance ofany kind Is available
to that person or organization for this llablllly,
However, no person or organization Is an insu red
wltlHespect to :
a. 'Bodily lnJu1 y" to a co-"employee" of the .
person driving the equipment; or
b. "Property da.mage" to property owned by,
rented to, In the charge of or occupied by
you or tlie employer of any person who Is
an Insured under this provision.
5. Operator of Non owned Watercraft
With respe ct to watercraft: you do not own !hat
Is less than 51 feet long . ancl is not being used
(o carry persons for a charge, any person is an
Insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person Is also an Insured, but only with
respect to liability arising out of the operation
of tha watercraft, and only if no other
Insurance of any kind Is available to that
person or organization for this liability.
However, no pers on or organization ls an
Insured with respect to:
a. "Bodily Injury" to a co-"employee" of lhe
person operating the walercrafl; or
b. "Property damage" to propert~· owned by,
rented to, in the charge of or occupied by
you or the employer of any parson who ls
an Insured under lhls pro vision .
6. Addltlonal Insureds When Reqvlred By
Written Contract, Written Agreement Or
Permit
The parson(s) or organizatron(s) fden!lfled In
Paragraphs a. through f, below are addlllonal
Insureds when you have agreed, In a written
Page 11 of 24
BUSINESS I.IABll.lTY COVERAGE FORM
contract, wrltten agreement or because of a
pem1it Issued by a state or polltlcal
subdlvlslon, that such person or organization
be added as an aclditional Insured on your
policy, provided the Injury or damage occurs
subsequent to the execution of the contract or
agreement. or the issuance oi ihe permit.
A person or organization Is an additional
Insured under this provision only for that
period of time re qui red b~• the contract,
agreement or permit.
However, no such person or organization Is an
additional Insured under this provision if such
person or organization Is Included as an
additlonal Insured by an endorsement Issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional Insureds under lhe specific
additional Insured coverage grants in Section
F. -OpUonal Addlllonal Insured Coverages, ·
.a. Vendors
Any person{s) or organiza_flon(s) (referred lo
below as vendor), but only wilh respect to
"bodily Injury" or "property damage" arising
out of "your products" which are distributed
or sold In the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily lnJwy• or
"property damage" ·included within the
"products-completed operations hazard".
(1) The insurance -afforded to the vendor
Is sub)eot to the following additional
exolusions:
Page 12 of 24
This Insurance does not apply°to:
(a) "Bod!ly tnJ\lry" or "property
damage" for which the vendor Is
oblfgated to pay damages by
reason of tr1e assumption of
llabnity in a contract or agreement.
Tills exc lusion does not apply to
liabillly for damages that the
vendor would have In t11e absence
of the contract or agreeinent;
(b) Any express warranty
unauthorize d by you;
{c) Any physical or chemical change
lh the product made intentionally
by the vendor;
{d) Repac l(aglng, except when
unpacked solely for the purpose of
inspection, -demonstration, testing,
-or lhe substltuUon of parts under
instructions from the manufeicturer,
and then repackaged In the
original container;
(e) Any fallu;e to make such
Inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make In the usual
course of business, In connection
with the distribution or sale of tl,e
products;
(f) Demonstration, Installation,
servicing or repair operatlm,s,
except such operations performed
at the vendor's premises In
conneotlon with the sflle of the
product;
(g) Products which, after dlstrlbutlon
or sale by you, have been labeled
or relabeled or used as a
-container, part or Ingredient of any
other thing or substance by or for
the vendor; or
{h) "Bodily Injury" or "propetiy
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions w those of
Its employees or anyone el se
acting on Its behalf. However, this
exclusion does not apply to:
(I) The exceptions contained In
Subparagraphs (d) or {t): or
(ii) Such Inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make In !he usual
course of business, in
connection with the distribution
or sale of lhe products.
(2) This Insurance does not apply to any
Insured person or organization from
w'nom you have acquired such products,
or any lngredler1t, part or container,
entering Into, accompanying or
containing such products.
b. Lessors Of Equipment
(1) An}' person or organization irom
whom you lease equipment; but only
with respect to their liability for "bodily
injury", "prope,iy damage" or
"persot1al and advertising injury"
caused, in whole or In part, by your
maintenance, operaHon or use of
equipment leased lo you by -such
person or organization.
Form SS 00 08 04 05
(2) With respect to the Insurance afforded
to these additional Insureds, this
lnsurnnoe does not apply to · any
"occurrancG" which takes place alter
you cease to lease ihat equ ipment.
c. Lessors Of Land Or Premises
(1) Any persori or organization from
whom you lease land or premises, but
ohl)1 with respect to ilabllily a1·lsl11g oul
of th e ownership, maintenance or use
of that part of !he land or premises
leased lo you.
(2) With respect to the Insurance afforded
lo these addl!lonal Insureds, this
Insurance does no! apply to:
(a) Any "occurrence" wh ich lakes
place after you cease lo lease that
land or be a tenant In lhal
premises; or
(b) Structural al{erations, new
construction or demollllon
operations perfo rmed by or on
behalf of such perso n or
organization.
d . Architects, Engineers Or Surveyors
(1) Any architect, engin eer , or suiveyor, but
only with respect lo il ablllty for "bodily
lnJury", "property damage" or "persona l
and advertising Injury" caused, in whole
or In pa1i, by your acts or omlsslons or'
the acts or omiss ions of those acting on
your behalf:
(a) In oonneo(lon with your premises;
or
(b) Jn !he performance of your
ongoing opeta!lohs perfottned by
you or on your behalf.
(2) Wllh respect to the Insurance afforded
lo these addltlona.l Insureds, the
following addltlonal exc luslon applies:
This insuranqe. does not apply to
"bodily Injury", "property damage" or
"personal and advertising Injury"
arising out of !he rendering of or the
failure to render any professional
services by or ior you, lncludlng:
(a) The preparing, approving ; or
fallure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, fle ld orders,
change orders, designs or
drawings and specifications: or
(b) Supervisory, Inspection,
arch ltec(urai or engineering
activities .
Form SS 00 08 04 05
BUSINESS UABILITY.COVERAGE FORM
e. Permits Issued By State Or Polltlcal
Subdivisions
(1) Any state or poiltlcal subd ivision, but
only-with respect to operations
performed by you or on your behalf for
whi ch the state or political subdivis ion
has Issued a permit.
(2) With respect lo the Insuranc e afforded
to these additiona l Insureds, th is
Insurance doas notapply to:
(a) "Bod ily Injury", "property damage"
or "personal and advertising
Injury" arising out of operations
performed for the state or
munlclpallty; or
(b) "Bodily Injury" or "property damage'
fnc!uded within lhe "producls-
comple!ed operations -hazard".
f, Any Other Party
(1) Any other person or orga nization who
is no! an Insured under Paragrnphs a.
1hrough e, above, but only wilh
re spect lo liablllty for 'bodily Injury",
"properly clarnage " or 'personal and
advertising injury• caused, In whole or
in pa rt, by your acts or omJssions or
tha acis or omissions of those acting
on 11our behalf:
(a) In . the psrformance of your
ongoing operations;
(b) In connection with your premises
owned by or rented lo you; or
(c) In connection with "your work" and
Included within the "products-
completed operations hazard', but
only If
(Q The writ!en contract or written
agreement requires you to
provide such coverage to
such additional In sured; and
(II) Th is Coverage Part provides
coverage for "bodily Injury" or
"property damage'' Included
within the "pr-oducts-
completed operations hazard''.
(2) With respect lo the Insurance afforded
to these additional Insureds, this
Insurance does not apply to:
"Bodily Injury", "property damage"· or
"personal and adverllslng injury"
arising out of the rendering of, or the
failure lo render, any profe ssional
archllectural; engineering or surveying
services, lncludlng:
Page 13 of 24
BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, survays, field orders,
change orders, des igns or
drawings and specifications; or
(b) Supervisory, Inspection,
architectural or engineering
activities.
The limits of insurance that apply to additlonal
Insureds are described In Section D. -Llmlls
Of Insurance.
How this Insurance applies when other
insurance is avallable to an additional insured
Is described ln lhe Other Insurance Condition
in Section E. -Liability And Med ica l Expenses
General Conditions.
No person or organization is an insured with
respect to the conduct of any current or pas t
partnership, jolni venture or limited liability
company that ls not shown as a Named In sured In
the Declarnt!ons.
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE
1. The Most We Will Pay
The Limits of Insurance shown in the
OeclaraUons and the rules be lo w fix the most
we will pay regardless of the number of:
a. Insureds;
b. Claims made or "sults".brought; or
c. Persons or orgaril~atlons making claims or
bringing "sul!s".
2. Aggregate Um!ls
The most we wlll pay for:
a. Damages beca use of "bodily injury' and
"property damage" Included In the
"products-completed operations hazard" Is
1he Products-Completed Operations
Aggregate Limit shown In the
Declarations.
b. Damages because .of all other "bodily
·Injury", "property damage" or "personal
and advertising Injury•, Including medical
expenses, Is the General Aggregate Limit
shown In the Decl arations.
This General Aggregate Un1it applies
separate ly to each of your "locations~
owned by or rented (o you.
"l..ocation" means premises Involving the
same or connecting Jots, or premises
whose connection Is Interrupted only by a
s1reet, roadway · or right-of-way of a
·railroad.
Paga 14 of24
This Gener.al Aggregate limit does not
apply to "property damage' to premises
whlle ranted to you or temporarily
occupied by you with pe rmission of the
owner, arising out of fire, lightning or
explosion .
3, Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever
applies, the most we will pay for the sum of all
damages because of all "bodily injury",
"property damage( and medical expenses
arising out of any one "occurrence' Is the
Llablllly and Medical Expenses Limit shown In
the Declarations.
The -most we will pay for all medical expenses
because ol "bodily inju1y" sustained .by any
one person Is the Medical Expenses Limit
shown in the Declarations.
4. Personal And Advertising Injury l..irnlt
Subject to 2,b, above, the most we wlll pay for
the sum of all .damages because of all
"personal and advertising ·injury' sustained by
any one person or organlzatlon is the Personal
and Advertising Injury Limit shown in the
Declarations.
5. Damage To Premises Rented To You Limit
T.he Damage To Premises Rented To YotA
Limit is the most we wlll pay under Business
Liability Coverage for damages because of
"property damage" to any one premises, while
rented to you , or In the case of damage by fire,
lightning or explosion, while rented lo you or
temporarlly occupied by you vilth permission of
the owner. ·
In the case of ·damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same even!, whether such
damage results from .fire, lightning or exploslon
or any combination of these.
6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who Is an additional insured
unde; tlils Coverage Part Is the lesser of:
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision; or
!J. The Llml ls of Insurance shown In the
Declarations.
Such amount shall be a part of and not in
addition lo lhe Limits of Insurance shown In
tile Declarations and described in this Section.
Form SS 00 08 04 05
If more than one limit of Insurance under this
policy and any endorsements altached thereto
applies to any claim or "suit'', the most we will pay
under this policy and tile endorsements is the
single highest limit o1 llabfllly of all coverages
applicable to such claim or "suit". However, this
paragraph does not apply to the Medfcal Expenses
lltnl! set forth In Paragraph 3. abov e.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starling
wi1h the beginning of the policy period shown In the
Declarations, unless the policy period Is extended
after lssua11ce for an ad ditional period of less than 12
months. In that case, the additional period will be
deemed part of !he last precGdlng period for purposes
of determining the Limits of Insurance.
E. LIABILITY AND MEDICAL EXPENSES
GENERAL CONDITIONS
1". B~nkrur.tcy
Bankruptcy or Insolvency of the Insured or of
the · Jnsured's es(a!e will not relieve us of our
obllgatlom1 under this Coverage Part.
2. Duties In The Event Of Occurrence,
Offense, Claim Or Sult ·
a. Notfce Of Occurrence Or Offense
You or any additional Insured · must see to
I! that we are naUfled as soon as
practicable of an •occurrence" or an
offense which may result In a claim. To
the extent possible, notice should Include:
(1) How, when and where the "ocourrence"
or offense look place: ·
(2) The names and addresses of any
lnJured per-sons and witnesses; and ·
(3) The nature and location of any Injury
or damage arising out of the
"ocourrence" or offense.
b, Not ice Of Claim
If a cla im Is made or "sufl" ls brought
agalnst any Insured, you or any additional
Insured must:
(1) Immediately record the specifics of Iha
clalm or •suit" and the dale received;
and
(2) Not ify us as soon as practicable.
You or any additional lnsured must see ta
it that we receive a written notice of the
claim or "suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other Involved Insu red must:
Form SS 00 06 04 05
BUSINE:SS LIABILITY COVERAGE FORM
(1) Immediately send us copies of any
demands, notices, summonses or
legal papers received In connection
with the claim or'sult'';
{2) Authorize us lo obtain records and
ot her Information;
(3) Cooperate with us In the investigation,
ss(llsment of Iha clalm or defense
against the "suit"; and
(4)· Assist us, upon our request, In the
enforcement of any rlghl against any
person l:lr organf,:atlon that may be
liable to th e Insured becausG of Injury
or damage to which this Insurance
may also apply.
d. Obllgatrons At The [nsurcd's Own Cost
No Insu red will, except at !hat insured's own
cost. volLmtarily make a payment. assume
any obligation, or Incur any expense, other
than for first ald, without our consent.
e; Addltlonal lnsured's Other tt1surance
If we cover a claim or "suit" under thfs
Coverage Part that may also be covered
by other Insurance available to an
additional Insured, sucll additional Insured
must submit such claim or "suit" to the
other Insurer for defense and Indemnity.
However, th is provision does not apply to
tbe extent that you have agreed fn a
written contract, written agreement or
permll that this Insurance Is primary and
non-contributory with the addltlonal
lnsured's own fnsurance.
f. Knowledge Of An Occurrence, Offense,
Clalm or Suit
Paragraphs a. and b. apply to yol1 or fo
any additional Insured only when such
"occurrence", offense, claim or "suit' Is
known to:
(1) You or any additional Insured that Is
an Ind ividual:
(2) Any partner, If you or an addi!lonal
fnsured Is a partnership;
(3) Any manager, If you or an additional
Insured ls a limited llabllliy company;
(4) Any "executive officer'' 0r Insurance
manager, If you or an addltlonal
Insured Is a corporation; .
(5) Any trustee, If you or an additional
Insured Is a trust; or
(6) Any elected or appofnted otnclal, If you
or an addl!Jonal insured Is a political
subdivision or public entity.
Pago 15 of 24
SUSINESS LIABILITY COVERAGE FORM
This Paragraph f, applies separately lo
you and any additional insured.
3. Financial Responsibility Laws
a. When this policy Is certified as proof of
financial responslblllty for the future under
the provisions of any motor vehicle
financial respons lblllty law, the Insurance
provided by the policy for "bodily Injury"
liablllty and "property damage" llabill!y will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b , With respect to "mobile equipment" to
w/iloh !his insurance applies, we wlll
provide any lia bili ty, uninsu red motorists,
underlnsured motorlsts, no-fault or ·other
coverage required by any motor vehicle
law. We wlll prov ide the requ ired limits for
those coverages .
4. Legal Action Against Us
No person or organization has a right und er
this Coverage Form:
a. To Join us as a party or otheN1lse bring us
Into a "suit" asking. for damages from an
Insured; or
b. To sue us on this Coveri.ge Form unless
all of Its terms have been fully complied
with.
A person or organization may sue us to recover
on an agreed settlement or on a final Judgment
against an Insured; but we w/11 nof ·be liable for
damages that are not .Payable unde r the terms of
this insurance or that are In excess of l ha
appllcable limit of insu rance. An agreed
setllem ent means a settlement and release of
liablllly signed by us, the Insured and the
claimant or the claimant's lega l representative.
5, Separation Of Insureds
Except with respect to Iha Limits of Insurance,
and any rights or duties specifically assigned
In this policy lo lhe nrst Named Insured, this
insurance .applies:
a. As if each Named Insured were the only
Named ·Insured; -and
b. Separately lo each In sured ag:;i.inst whom
a claim is made or "suit" Is brought.
6, Represe ntations
a. When You Accept This Polley
By accepting this policy, you agree:
(1) The statements In the Declaratlons
are accurate and complete;
{2) Those statements are based upon
representatfons you made to us; and
Page 16of24
(3). We have Issued this policy In reliance
upon your representations .
b. Unintentional Failure To Disclose
Hazards
If uninlen~onally you sl1ould fall to disclose
all hazards t·elating to the conduct of your
business at Iha Inception date of this
Covet·e.ge Part, we shall not deny any
coverage under th ls Coverage Part
because of such fallure ,
7. OthGr Insurance
If c1her · valid an d collectible in su ra11oe Is
available for a loss we cover under this
Coverage -Pert, our ·obligations are limited as
follows:
a. Primary Insurance
This Insurance Is primary except when b.
below applies . If other Insurance Is als o
primary, we will share with all that other
Insurance by the method de scribed In c,
below.
b. Excess Insurance
This insurance ls excess over any of the
o[her Insurance, whether primary, excess,
cont ingent or on any other basis :
(1) Your Work
. That fs Fire, Extended Coverage,
Builder's Risk, lnsiallatlon Rlsk or
similar coverage for "your wo rk":
(2) Premises Rented To You
That Is fire, llghtnlng or explosion
Insurance for premises ren ted to you
or temporarily occupied by you with
permission of the owner;
(3) Tenant Llablllty
That Is Insurance purchased by you to
cover your liability as a tenant for
"property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner;
(4) Aircraft, Auto .or Watercraft
If the loss arises out of the maintenance
or use of aircraft, "au tos" or watercraft to
the extenl not subject to Exclusion g, of
Section A. ;-Coverage s. ·
(5) Property Damage To Borrowed
Equipment Dr Use Of El evators
If the loss arises out of "property
damage" to borrowed equipment or
tile use of elevators to the extent not
subjec t to Exclusion k, of Seclion A. -
Coverages .
Form SS 00 08 04 Oo
(6) Whe11 You Are Added As An
(7)
Additional lnsu[ed To Other
Insurance
Thal ts other insurance· available lo
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional Insured by that
Insurance: or
That Is other Insurance available to an
addit!ona l insured.
However; the following provisions
apply lo other insurance available lo
any person or organtza!lon who Is an
addltioi:1a l insured under this Coverage
Part:
(a) Primary Insurance When
Required By Contract
Thie Jnsu ranee Is primary If you
have agreed In a written contract,
wrlt len agreernent or permit that
this Insurance be primary. If other
Insurance ls .also primary, we will
share with all that other Insurance
by the method described In c.
below,
Jf you have agreed In a written
contract, wrilte11 agreement or
permit that ihls lnst1rance Is
primary and non-contributory with
the addi tional lnsured's own
Insurance, this Insurance Is
primary and we will not seek
contribution irom tha t other
Insurance.
Paragraphs (a) and (b) do not apply to
other Insurance to which the additional
Insured has been added as an
additional Insured.
When this insurance ls excess, we will
have no duty under this Coverage Part to
defend the fnsured against any "suit" If any
o(her Insurer has a duty to defend the
Insu red against that "suit". If no other
Insurer defends, we will undertake to do
so, but we w/11 be entitled to the Jnsured'a
rights against all those other Insurers.
Form ss OD OB 04 05
BUSINESS LfABILITY COVERAGE FORM
When this Insurance Is excess over other
Insurance, we Vllll pay only our share of
lhe amount of the loss, If any, that
exceeds the sum or:
(1) The total amount that a!I such other
Insu rance would pay for the loss in U,e
absence of this Insurance; and
(2) The total of all deductible and self-
Insured amounts under all U1at other
Insurance.
We will share the remaining loss, If a11y, with
any other Insurance that is not described In
this Exoess Insurance provision and was not
bought specifically to apply in excess of ths
Limits of Insurance shown In lhe
Dec laratio ns oflhls Coverage Part
c. Method Of Sharing
. If all the other Insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each Insurer contributes equal amounts
unm It has paid Its applicable limit of
insurance or none of the loss remains ,
whichever. comes first.
If any of lhe other Insurance does nol pern1lt
contribution by equal shares, we will
contribute by limits. Under this method, each
Insu rer's share Is based on the ratjo of Its
applicable limit of Insurance to the total
applicable limits of insurance of all Insurers.
(@ tg • ~{;l"f;;;: ifon~ ·. ~'§?1lis~
a. Transfer Of Rlghfs Of Recovery
If the Insured has rights to recover all or
part of any payment, Including
Supplementary Payments, we have mad1;1
under !his Coverage Part, those rights are
transferred to us. The Insured must do
nothing after loss . to Impair them. Al our
request, the Insured wlll bring "su it" or
transfer those rights to us and help us
enforce them; This condition does not
apply to Medical Expenses Coverage,
® ~-W1ifffe'&~Efii1KW/fil'!!w ®I:i&l.1?.r~s-mD
If the Insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
Inclu ding supplementary Payments, wa
have made under this Coverage Part, we
also waive · lhat tight, provided the Insured
waived their rights of recovery against
such person ot organization In a contract,
agreement or permit fhat was executed
prior to the Injury or damage.
Page 17 of 24
BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED
COVERAGES
If Hsted or shown as applloab le In the Deolaratlons,
one or more of the following Optional Additional
Ins ure d Coverages also apply. Whe n any of these
Optional Additional Insured Coverages apply,
Paragraph 6. (Additional Insureds Whan Required
by Written Contract, VVrltten Agreement or Permit)
of·Section C., Who rs An In sured, does not apply
to the person or organization sho wn In the
Declarations . These coverages are subject to the
terms and oondlllons applfcabla to Business
Liability Coverage in this pofloy, except as
provided below:
1. Additional Insured • Designated Person Or
Organization
WHO IS AN INSURED und er Section C. is
amended 'lo Include as an additional Insured
ihe person{s) or crganization{s) shown In the
Declarations, but only with respect to /labl llty
for "bodily Injury", "property damage' or
"personal and advertisi ng Injury" caused, In
whole or In part, by 11our acts or omissions or
the acts or omissions of those acting on your
behalf:
a. rn tho perfonn anco of your ongoing
operations; or
b. In conneotion with your premises owned
by or rented i o you.
2. Additional Insured • Managers Or Lessors
Of Premises
a. WHO IS AN INSURED under Section C. is
amended to Include as an additional In sured
!he person(s) or organization(s) shown In th e
Declarations as an Additional Insured -
Designated Person Or Organization; but only
With res pe ct to llablllty arising out of the
ownership, maintenance or use of that part of
!he premises leased to you and shown In !he ·
Declaratlons,
b. With respect to {ha in suran c:e afforded lo
these additional Insureds, the fo llowing
ad dillon al exclusions apply:
This Insurance does not app ly to:
(1) Any "occurrence" which takes place
after you cease to be a tenant in that
premises; or
(2) Structural alterations, new
Page 18 of24
construction or demoli!lon operations
perform ed by or on behalf of such
person or organization.
3. Adclltlonal Insured· Grantor Of Franchise
WHO IS AN INSURED under Sec:Uon C. is
amended to Include as an additional insured
the pa rson(s ) or organlzation(s) shown In the
Declarations as an Additional Insu red -
Grantor Of Franchise, bul only with respect lo
th eir llablllly as granlor of frnnchlse to you.
4. Additional Insured • Lessor Of Leased
Equipment
a. ·WHO JS Af~ INSURED under Section C. is
amended to Include as an additional
Insured 1he person(s) or organlzation(s)
shown In the Declarations as an Addit ional
Insured -Lessor of Leased Equ ipment,
but only wllh respect lo liability. for "bo dily
injury", "property damage" or "personal
and advertising Injury" caused, in whole or
in part, by your ma intenance, operation or
use of equi pment leased to you by such
person(s) or organjzatlon(s) ..
b. With re spect to the Insurance afforded to
these additiona l Insureds, this Insurance
does not apply to any "occ urren ce" which
lakes place after you cease to lease tl1at
equipment.
5. Add!tlonal Insured -Owners Or Other
Interests From Whom Land Has Been
Leased
a. WHO IS AN INSURED under Section C. Is
amended to Include as an add1tto11al
Insured the person(s) or organ izatlon(s)
shown In the Declarations as an Additional
Insured -Owners Or Other Int ere sts From
Whom Land Has Been Leased, but only
with respect to liapillty arising out of the
ownership, maintenance or use of that part
of the land leased lo ~ro u and shown In the
Decla ra tions.
b. With respect to the Insu rance afforded lo
these additional Insureds, the following
additional exclusions apply:
This Insurance does not apply to:
(1) Any "o:::currenc:e '' !hat ta kes place
af(er you cease to lease that land; or
(2) Structural alterntions, 11ew
construction or demolition operations
performed by or on behalf of such
person or organization.
6. Additional Insured • State Or Political
Subdivision -Permits
a. WHO IS Al<J INSURED under Section C . is
amended to in clud e as an additional
insured the state or polltlca l subdlvlslon
shown In the Declllrations as an Additional
Form SS 00 08 04 05
Insure d -State Or Political Subdivision •
Permits, but only with respect to
opernt lons performed by you or on your
behalf for whicl1 the state or politl oal
subdivision has -Issued a permit
b. With respect to the insurance afforded lo
these additional Insureds, the following
additional exclusions apply:
This Insurance does not apply to:
(1) "Bodily Injury", "property -damage" or
"personal and advertising Injury "
arlslng out of ope ration s performed for
the etate or munlclpalfty; or
(2) "Bod ily lnfury" or "property damage''
Included ln the "product-completed
ope rati ons" hazard.
7. Add iti onal Insured -Vendors
a. WHO IS AN INSURED under Section C. Is
· amended to Include as an additional
Insured the person(s) or organlzation(s)
(referred to below as vendor) shown In the
Declarations as an Additional Insured -
Vendor, but only with respect to "bodily
lnjur1 " or "property damage'; ar ising ou( of
"y our products " which are distributed or
sold In the regu lar course of the vendor 's
bus iness and only if this Coverage Part
prov ides coverage for "bodlly Injury'' or
"p ropert11 damage" Included wi!hin (he
"products-completed operations hazard".
b. The Insurance afforded to the vendor is
s~bject to the follow ing addliional exclusions:
(1) This Insurance does not apply to:
(a) "Bodily Injury" or "property
damage" for which the vendor Is
obligated to pay damages by
reason of the assumption of
llablllty In a contract or agreement.
This exclusion does not apply to
li ab ility for damages tha t the
ven do r would have Jn the ab sence
of the contract or agreement;
(b) Any express warra nty
unauthorized by you;
(c) Any physical or chemical change
ln the product made Inten tionally
by the vendor;
(d) Repacka,ilng, unless unpacked
solely for the purpose of Inspection,
demonstra ti on, testing, or tl1e
subsUlutlo n of parts under
Instructions ·trom the manufacturer,
and than repackage d In Iha origina l
container;
Form SS 00 08 04 06
BUSINESS UABILLTY COVERAGE FORM
(e) Any failure to make such
Inspections, adjustments, tests or
se rvici ng as the vendor has agreed
to make or normally undertakes to
make in the usual course of
business, in connecl!on with !he
distribution or sale of the products;
(f) Demonstration, Installation,
servicing or repair operations,
except such operat io ns performed
~t the vendor's premises In
conne ction with the sale of the
product;
(g) Products which, after distribution
or sale by you, have been lab eled
or relabeled or used as a
container, par \ or Ingredient of any
other th in g or substance by or fo r
\he vendor; ·or
(h) "Bodily Injury" or "properti1
da mage '' arising out of the sele
negllgenc.-e of the vendor for l(s
own acts or omi ssions or those of
Its employees or anyone else
aoting on its behalf, However, this
exclusion does not apply to:
(ii The exceptions contained In
Subparagraphs (d)·or (f); or
(JI) Such inspections,
adjustments, tests or servicing
as the vendor has agreed to
make or normally undertakes
to make In the usual cour se of
business, In connection with
the distribution or sale of the
products.
(2) This Insurance does not apply to any
Insured person or organization from
whom you have acquired such
products, or any Ingredie nt, part or
container, entering Into,
accompany ing or contain ing such
products.
8. Add itiona l Insured -Controlling Interest
.WHO IS AN INS URED under Se ctio n C. ls
amended -to Include as an addlllonal Insured
the person(s) or organlzatlon(s/ shown In the
Decfarat1ons es an Ad di tional In sured -
Controlling Interest, but only with respec t to
their llablllty arising out of:
a. Their financial control of you; or
b, Premises they own, maintain or control
while you lea se or occupy these prem ises.
Page 19 of 24
BUSINESS LIABILITY COVERAGE FORM
This Insurance does not apply lo struc tural
alterations, new construction and demolition
operations performed by or for that person or
organfzation,
9. Addltlonal Insured -owners, Lessees Or
Contractors -Scheduled Person Or
Organization
a. WHO IS AN INSURED under Section C. is
amended to Include as an addltlonal
Insured the person(s) or organlzatlon(s)
shown in the Declarations as an Additional
Insured -Owner, lessees Or Contractors,
but only with respect to llablllty for 'bodily
injury", "properly damage" or "personal
ancl advertising Injury" caused, In whole or
in part, by your acts or omissions or !he
acts or omiss ions of those acting on your
behalf:
(1) In the pe rformance of your ongoing
operat!ons for the add°ltlonal
insured(s); or
(2) Jn connection wlt11 "your work"
performed ior 1hat addit!onal Insured
and Included wllh In the "producls-
compleied operallons hazard ", bul
orily If this Coverage Part provides
coverage for "bodily injury" or
"properly damage" Included within the
"products-001npfeted operations
hazard".
b. With respect to the Insurance afforded io
these additional insureds, this Insurance
does not apply to ·"bodily Injury", "property
damage" or "personal an advertising
Injury" ar)slng out of the rend erin g of, or
Iha failure to render, any professlonal
architectural, engineering or surveying
services, Including:
(1) The preparing, approving, or failure to
prepal'8 or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, designs or
drawings and speclfloatlons: or
(2) Supervisory, Inspection, archi1ectural
or engineering actlv ltle:;;.
10. Additional Insured -Co-Owner Of Insured
Premises
WHO IS AN INSURED under Sec11on C. Is
amended to l11oluda as en additional Insured
the person(s) or Organlzallon(s.) shown In the
Declarations as an Addlfional lnsured -Co-
Owner Of Insured . Premises, but only with
respect to their lfablll!y as co-own er of ihe
premises shown in the Declarations .
Page 20 of 24
The limits of Insurance that apply to addltlo11al
Insureds are described In Section D. -Limits Of
Insurance.
How . this Insurance applies when other Insurance
Is available to an addltio11al Insured Is described In
the· Other Insurance Condition In Section E. -
Liability And Medical Expanses General
Conditions .
G. LIABILITY AND MEDICAL EXPENSES
DEFINITIONS
1. "Advertisement" means the widespread public
dissemlnaHon of Information or Images that
has the purpose of lnduclng the sale of goods,
produc1s or services through:
a. (1) Radio:
(2) Television;
(3) BIiiboard;
. (4) Ma9azlns;
(5) Newspaper;
b. The Internet, but only that part of a web
site that is about goods, products or
se1Vlcas for the purposes of Inducing lhe
sale of goods, products or se!V ices; or
c, Any other publication that is given
wldesprer:id pubUc distribution.
Howeve~, "adve rt isement" does not Inc lude:
a. The design, printed materfal, Information
or images co nta ined In, on or upon the
packaging or labeling of any goods or
products; or
b, An intaracUve conversation between or
among persons through a computer network.
2. "Advertising Idea" means any Idea for an
"advertisement".
3. "Asbestos hazard" means an exposure or
threat of exposure to the actual or alleged
properties of asbestos and Includes the me re
presence of asbes[os In any form.
4. "Auto" means a land motor vehicle, trailer or
sernHra!fe r designed for travel on pul,llc
roads, Including any attached machinery or
eq uipment. But "auto" does not Include
"mobile equipment''.
6. "Bodily Injury" means physical:
a. Injury:
b. Sickness; or
c, Disease
sustained by a person and, If arising out of 1he
above, mental anguish or death at any time.
6. "Coverage [errltory" means:
Form SS 00 08 04 05
a. The United States of America (including Its
territories and po ssessions), Puerto Rico
and Canada;
b. lnlernalional waters or airspace, but only If
the Injury or damage occurs In the course
of travel or transportation between any
places Included in a. above;
c. All other parts of the world if the lnjwy or
damage arlses out of:
(1) Goods or products made or sold by you
In the territory described In a. above;
(2) The activities of a person whose horns
Is 111 !he territory described In a.
above, but Is away for a short time on
your business; or
(3) "Personal and acivertls Ing Injury"
offenses lhal take place through the
Internet or similar electron le means of
communication ·
· provided the lnsured's responslblllty lo pay
damages is determined In the United States of
America (Including Its lerrltorles and
possessions), Puerto Rico or Canada, In a
"suit" on !he merits according lo the
substantive law ln such territory , or In a
settlement we agree to.
7. "Electronic data" mean$ Information, facls or
programs:
a. Stored as or on;
b. Created-or used on; or
o. Transmitted to or from
compuler software, Including systems and
applications software, hard or floppy disks,
CD-ROMS, lapes, drives, cells, data
processing devices or any other media which
are used with electronlcally controlled
equipment.
a. "Employi,e' Includes a "leased wo rker".
"Employee ' does not Include a "temporary
worker ".
9. "Executive officer" means a person holding
any of !he officer positions creeled by your
charter, constitution, by-laws or any other
similar governing document.
10 , "Hostile fire' means one .which becomes
uncontrollable or breaks oul froni where It was
Intended to be.
11. "Impaired property" meens tangible property,
other ll1an 'you,· product" or "your work", that
cannot be used or Is less useful because:
a. It Incorporates ''your product'' or "your work"
that Is known or thought to be defectlve,
de1rclrmt, Inadequate or dangsrous; or
Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
b. You have failed to fulHII the terms of a
conlract or agreement:
if such property c,in be restored lo use by:
a. The repair, replacement, adjustment or
removal of "your product" or •your work";
or
b. Your fulfilling !he tenms of the contract or
agreement.
12, "Insured contract" means:
a. A contract for a lease of premises.
However, th at portlo n of the contract for a
lease of premlsas !hat Indemnifies any
persoh or organization for damage by fire,
l!ghtnlng or explosion lo premises . wh!le
rented lo you or tempo rarily occupied by
you with permission of the owner Is
subject lo (he Damage To Premises
Renled · To You limit described In Section
D. -Liability and Med/ca l Expenses Limits
of Insurance .
b. A sidelrack agreement;
c. Any easement or license agreement,
Including an easement or license
agreemenl In connection with construction
or demolltlon operations on or within 50
feet of a ro llroad:
d. Any obllgatlon, as required by ordinance,
to Indemnify a munlclpallty, except In
connection with work for a municipality;
e. An elevator maintenance agreement; or
f. That part of any other contract or
agreement pertaining to your business
(Including an Indemnification of a
munlclpallty In connection with work
performed for a munlclpallty} under which
you assume the tort liability of another
party to pay for "bodily Injury" or "properly
damage" lo a third person or organization,
provided the "bodily Injury• or ''property
damage" Is c,iused, In whole or In part, by
you or by those acting on your behalf.
Tort llablllty means a liability that would be
imposed by law In !he absence of any
contract or agreement.
Paragraph f, Jnoludes that part of any
contract or agreement thal-lndemnlnes a
railroad for "bodily Injury" or "property
damage'.' arising out of conslructlon or
demolltlon operations wlthin.50 feet of any
ra II road property and affecting any railroad
br)dge or trestle, !racks, road-beds, tunnel,
underpass or crossing.
However, Paragraph f, doas nol Include
thal pa.it of any contract or agreement:
Page 21 of 24
BUSINESS LIABILITY COVERAGE FO.RM
(1) That Indemnifies an architect,
engineer or surveyor for in jury or
damage arising out of:
(a) Preparing, approving or fallli1g to
prepa re or approve maps, shop
-drawings, opinions , reports,
surveys, field orders, change
orders, designs or drawings and
speolflcat/ons; or
{b) Giving directions or Instructions,
or falllng to give them, lf that Is the
primary cause of the Injury or
damage; or
(2) Under which the insured, if an
.architect, engineer or surv eyor,
assumes liability for an injury or
damc!ge aris ing out of the · lnsured's
rendering or fallure to rende r
professional services, Including those
listed In (1) above arid supervisory,
Inspection, architectural or
enginee ring activities.
13. "Le ase d worker" means a pe rso n leased to
you by a labor !easing 1irm under an
agreement between you and the labor le as ing
1lrm, to perform duties related to the conduct of
your business. "Leased worker" does not
Include a 'temporary worker ".
14. "Loading or unloadlng" means the handling of
property; ·
a. After ft Is moved from the place where IL ls
accepted for movement Into or onto cin
afrcraft, watercraft or "auto":
b. · While Jl Is In or on an airc raft, watercraft or
"auto"; or
c. While It is being moved from an aircraft,
watercraft or "auto" lo the place where it is
finally delivered;
but "loading or unloading" does not Include the
movement of property by me ans of a mechanical
devloe, other than a hand truck, thal Is not
a!lached lo lhe e:trcrall, watercraft or "aulo ".
15. "Mob ile equipment" means any of the following
types of !and vehicl es, Includ ing any attached
machinery or equipment:
a, Bulldozers. farm machinery, forklifts and
other vehicles designed for use principally
off public roads;
b. Vehicles maintain ed for use solely on or
next to premises you own or rent;
c. Vehicles that trawi l on crawler treads;
d. Vehicles, whether self-propelled or not, on
which are permanently mounted:
Page22of 24
(1) Power cranes, shovels, foader6,
diggers or drills; or
(2) Road construction or resurfacing
equipment such 86 graders ," scrapers
or rollers:
e. Vehicles not described In a., b ., c., or d.
above that are not self-propelled and are
maintained primarily to provide mobility to
permanently attached equipment of tl1e
fol lowing types:.
(1) Air compressors, pumps and
generators, Including spray in g,
welding, building cl ea n Ing,
geophysical exploration, lighting and
well servicing equipment; or
(2) Cherry pickers and sltnllar devices
used to raise or lower workers;
f. Vehicles not described In a., b., c., or d.
above maintained primarily for purposes
other than the tra ns portation of pe rsons or
cargo.
However, self-propelled vehicles with the
following types of permanently attached
equipment are not "mobile equipment" but
will be considereo "autos":
(1) Equipment, of at l"'as t 1,000 pounds
gross vehicle weight, desig ned
prlrnarlly for:
(a) Snow removal;
(b) Road maintenance, but not
construction or resurfacing: or
(c) Stre et cleaning;
(2) Cherry pic ker s and similar devices
mounted on automobile or trucl<
chassis and used lo raise or lower
workers; and
(3) Air com pressors, pt1mps and
generators, fnclud l11g spraying,
welding, building cleaning,
geophyslca l exploration, fighting and
well servicing equipment.
16. "Occurrence" means an accident, Inclu ding
continuous or repea ted exposure lo substantially
the sam.i general harmful condlt lo11 s.
17 .. "Persona l and advertising Injury" means lnjuty ,
ln oludlng consequential ''bod il y Injury", arising
out of·o ne or more of the ioflowlng offenses:
a. Folse arreGt, detention or Impri sonment;
b. Malicious prosecution;
Form SS 00 06 04 05
c. Tile wrongful eviction from, wrongful entry
into, or Invasion of the right of private
occupancy of a room, dwelling or
• premises that the person occupies,
committed by or on beha lf of Its 0\\~1er,
l andlord or lessor;
d. Ora!, written or elecrronlc publication of
material that slanders or libels a p9rso11 or
organization or disparages a person's or
organizatlon's ,goods, products or serv ices;
e. Oral, written or electronic publication of
material that violates a person's right of
privacy;
f. Copying, in your· "advertisement'', a
person's or organization 's "advertising
idea" or style of "advertisement";
g. Infringement of copyright, slogan, or title of
any literary or artistic work, In your
"advert isement"; or
h. Discrimination or humiliation that results in
injury to the feelings or repu ta tion of a
natural person.
18, "Pollutants" means any soli d, llqLtld, gaseous or
thermal lr,ltant or contaminant, Including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste in cl udes materi als to be recycled,
reconditioned or reclaimed.
19. "Products-completed operations hazard ";
a. Includes all "bodily Injury" and "property
damage" occurring away from premises
you own or rent and arising out of "your
product" or "your work" except:
(1) Products that are i,\111 In youi· physical
possession; or
(2) Work that has no\ yet been comple ted
or abandoned. Howeve r, "your work"
will be deemed to be completed at the
earlies t of the followlng times:
(a) Whi,n all of the work called for lt1 ·
your contract has been completed.
(b) When all of the work to be done at
the Job site has bean completed If
your contract calls for work at
morn than one Job site.
(c) When that part of the work done at
a Job site has been put to Its
Inten ded use by any person or
organization other than another
contractor or subconlractor
working on the same project.
Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
Work that may need service, maintenance,
correction, repair or replacement, but
which is otherw ise complete, will be
treat ed as completed.
The "bod lly Injury" or "property damage"
must occu r away from premises you own
or ren f, unless . your business Includes the
selling, handling or d!strlbul!on of "your
product'' for cons umpti on on premises you
own or rent,
b. Does not Include "bodily Injury'' or
"property damage" arising out of:
(1) The transportation of property, unless
the Injury or damage arises out of a
condition In or on a vehicle not owned
or operated by you ; and that condition
was created by the "loading or
unloading" of that vehicle by any
Insured; or
(2) The exist ence of tools, unlnstalled
equ ipment or abandoned or unused
materials.
20. "Property damage" means:
a. Physical ln)u1y lo langlb ie property,
includi ng all resulting loss of use of !hat
property. All such loss of use shall be
deemed to· occur at the tlrne of the
physical Injury thal caused It; or
b. Loss of use of tangible property that is not
physically Injured. AH such loss of use
shall be deemed to occur at the time of
"occurrence" that caused II.
As used In this definition, "electronic data' Is
nottangible property.
21. "Sult" means a civil proceeding In which
damages because of "bodily Injury''. "property
damage" or "personal and advertlsln\j Injury"
to which th is Insurance applies are alleged.
"Sult" In cludes:
a. An arbitration proce edin g In whloh such
damages are cle.fmed and lo which the
Insure d must .submit or does submit wlth
our consent; or
b. Any other al ternative dispute resolution
proc aed!ng In which such damages are
clalmed and to which the Insured submits
with our consent
22. 'Temporary worker" means a person who Is
furnished to )'OU to substitute for a permanent
"empli:>)'ee" on !eave or to meet seasonal or
short-term workload conditions.
23. "Volunteer worker" means a person who:
a. Is not your "employee";
Page 23 of24
BUSINESS LIABILITY COVEAAGE FORM
b. Donates his or her worl<;
c. Acts at the direction of ·and within the
scope of dut ies determined by you; and
d. Is not paid a fee, salary or other
compensation by you or anyone else for
!heir work performed for you.
24. "Your product":
a. Means:
(1) Any goods or products, other tllan real
.property, manufactured, sold, handled,
distributed or disposed of by:
(a) You;
(b) Others trading under your name;
.or
(c) A person or organization whose
business or assets you · have
acqui red; and
(2) Conte iners ( other than vehicles),
equipment
with such
materials , parts or
furn ished In connection
goods or products.
b. Includes:
('l) Warranties or representations made at
any time with respect to the fitness ,
quality, durability, performance or use
of "your product"; and
Page 24of 24
(2) The providing of or failure to provide
• warning~ or Instructions .
c. Does not Include vending mach ines or
other property rented to or located for the
use of others but not sold .
25. "You rwork":
a. Means:
(1) Work or operations performed by you
or on yo ur behalf; and
(2) Materials, parts or equipment
furn ished In con nection with such work
or operations.
b. Includes:
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use
of "your work"; a11d
(.2) The provid ing of or !allure to provide
warnings or instructions.
Form SS 00 08 04 05
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THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER
FROM OTHERS ENDORSEMENT
Polley Number: 21 WEC AA.OQ7T Endorsement Number:
Effective Date: 08/17/17 Effective hour Is the same as slated on the Information Page of the policy.
Named Insured and Address: Grldlcs, LLC
169 E FLAGLER ST STE 1640
MIAMI FL 33131
We have the right to rec ove r out · paym ents fro m anyone liable for an Inj ury covered by this policy. \!Ve will not enforc e our
right agalnst the person or organization namecl in the Schedule.
This agreement shall not operate directly or Indirectly lo ben efit anyone nof named in the Schedule.
SCHEDULE
Any person or organization from whom you are required by .contract or agreement to obtain this waiver . from us.
Endorsement Is not c1pp!lcable In KY, NH ; NJ or for any MO construction risk
Form WC oo 03 13 Prin ted in U.S.A .
Process Pate: 07/08/17
Countersigned by -----------,---,,-----:-----,-=----,,--
Aulhorlzed Representative
Policy Expiration Data: 08/17/18
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