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19-145 Ecological Concerns, Inc., Right of Entry, Release and Assumption of Risk, Stevens Creek Corridor Park and Restoration Project Site Access City of Cupertino Stevens Creek Corridor Park & Restoration Project Site Access .a CUPERTINO RIGHT OF ENTRY RELEASE AND ASSUMPTION OF RISK AGREEMENT This Right of Entry,Release and.Assumption of Risk Agreement("Agreement")dated effective June 21, 2019 (the"Effective Date"),is entered into between City of Cupertino ("City") and Ecological Concerns,Inc. City wishes to authorize Ecological Concerns, Inc. to collect willow cuttings, seeds, acorns and other propagule materials from existing plants ("Collections") on City property in the Stevens Creek corridor for the purpose of growing native plants for restoration use. Restoration of native plants and enhancing green infrastructure in our region is consistent with the City's Climate Action Plan, as well as other sustainability and environmental protection goals. The parties agree to the following terms: Access. City agrees to permit Ecological Concerns, Inc., or its subcontractors, to access the following City property: the Stocklmeir ranch,Blackberry Farm Golf Course, Blackberry Farm Park, McClellan Ranch, and McClellan Ranch West ("Property") to extent necessary for Ecological Concerns Inc.'s Collections. This access does not authorize Ecological Concerns Inc. to enter any building or facility on the Property. Ecological Concerns Inc.must coordinate visits to the Property with City, perform the work in a professional manner, and use its best efforts to minimize any disruptions or inconvenience to the City and to members of the public that visit the Property. Ecological Concerns Inc.must confirm the intended harvest locations in advance with City staff. City staff has the discretion, at is sole option, to refuse to permit Ecological Concerns Inc.'s Collection at any location on the Property.Ecological Concerns Inc.shall provide a minimum of 2 working days'written notice prior to scheduling work,and shall return the Collection site to its preexisting condition to the extent feasible. Ecological Concerns Inc. shall receive no compensation for the Collection or for any other conduct performed under this Agreement. Termination. Ecological Concerns Inc.'s access and this Agreement shall automatically terminate on completion of the Collection, but in no event later than December 31, 2019. The parties further agree that the City may terminate this Agreement with or without cause,and with or without notice. Page 1 of 2 Miscellaneous.This Agreement: (a)contains the entire agreement between the parties relating to the subject matter, and any modification shall be in writing and signed by the parties (except as provided for under the terms of this Agreement); (b) may not be assigned by Ecological Concerns Inc.; (c) shall be binding upon and inure to the benefit of the parties and their respective successors and assigns; and (d) shall be governed by the laws of the State of California,and without regard to conflicts of law principles. Indemnification, Limitation on Liability; Insurance. Ecological Concerns Inc., on behalf of itself, employees, officers, agents and employees HEREBY WAIVES, RELEASES AND DISCHARGES the City of Cupertino and its officials, officers, agents, employees, from and against any and all liability for any loss, personal injury, including death, or property damage that may arise in connection with this Agreement or the use of the Collections, whether from known or unknown, apparent or latent hazards on the Property, occurring before, during or after entering the Property, even if that liability may have arisen out of negligence or carelessness on the part of the persons or entities mentioned above and herein released. Furthermore, Ecological Concerns Inc. assumes all responsibility and agrees to defend and indemnify the City of Cupertino and its officials, officers, agents, employees, for any loss, damage or injury arising out of Ecological Concerns Inc.,its officials, officer, agents, employees conduct or performance under this Agreement. The City of Cupertino,and its officials, officers, agents, contractors, employees, do not make any representations regarding the condition, or safety of the Property,facilities, or the suitability of the use of the Collections, or any equipment on the Property,or the suitability of the use of the Collections. This Agreement is intended to be as broad as legally possible and binding upon Ecological Concerns Inc.'s officials, officers, agents,employees, and their heirs and assigns. COnCQJYt5, lV%C,. 'sere agrees to maintain commercial general liability,auto and worker's compensation insurance in an amount to be satisfactory to the City. Ecological Concerns Inc. By: Name: I I I c'1 U h I e r Title: �5e n l o r t ,kav,►S� Date: (-o12 31 1� City of Cupertino By /J Name: Title:4�61, /I/reG � Date: g' g Page 2 of 2 Approved as to form: pity Attomey / 7 ® 7214/2019 (MM/DDIYYYY) ACOO o CERTIFICATE OF LIABILITY INSURANCE 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). PRODUCER CONTACT NAME: Christi Buchanan PHONEFAX CLCA Insurance Solutions a C.No Ex : 855-662-2522 A/C,No): 530-6621710 PO Box 1330 E-MAIL-ADDRESS: -MAILADDRESS: Christi.buchanan@arm-i.com INSURERS AFFORDING COVERAGE NAIC# Woodland CA 95776 1 INSURER A:Contractors Bonding & Ins Co 37206 INSURED INSURER B:Oak River Insurance Company 34630 Ecological Concerns Incorporated, INSURERC:United States Liability Insurance Com E 25695 DBA: Central Coast Wilds INSURER D:Admiral Insurance Company 24856 125 Walk Circle INSURER E: Santa Cruz CA 95060 INSURER F: COVERAGES CERTIFICATE NUMBER:021419 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN$R ADDLTYPE OF INSURANCE Nsn SUER POLICY NUMBER MM/DPLIC/ EXP LTR YYYY MM/D DY/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO A CLAIMS-MADE 51 OCCUR PREMISES(Ea o currrrence) $ 300,000 X $1,000 PD Deductible X Y A31ADF801 1/1/2019 1/1/2020 MED EXP(Any one person) $ 5,000 X $10,000 Earth Movement Ded PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY❑X JECT PRO- ❑ LOC PRODUCTS-COMP/OP AGO $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS AUTOS X Y A31ADF801 1/1/2019 1/1/2020 BODILY INJURY(Per accident) $ NON-OWNED PeOac tlen PER DAMAGE $ HIRED AUTOS AUTOS $ X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LAB CLAIMS-MADE AGGREGATE S 5,000,000 DED I X I RETENTION$ 10,000 X Y A31UUF801 1/1/2019 1/1/2020 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE 7 1 ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA ECWC010578 1/1/2019 1/1/2020 B (Mandatory In NH) Y E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Professional Liability SP 1562533C 3/7/2019 3/7/2020 Occurence/Aggregate 1M/2M D Pollution Liability FEI-ECC-23585-01 4/10/2018 4/10/2019 Occurence/Aggregate 1M/2M DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) City of Cupertino, including its City Council, boards and commissions, officers, officials, agents, employees, consultants and volunteers is an additional insured as their interest may appear when required by written contract. The certificate holder will receive 30 days notice of cancellation. 10 days for non payment of premium. A waiver of subrogation applies in the certificate holders favor when required by written contract. Coverage is on a primary & non-contibutory basis. Commercial Excess policy is following form. CERTIFICATE HOLDER CANCELLATION GailS@cupertino.org SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 10300 Torre Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Cupertino, CA 95014-3202 AUTHORIZED REPRESENTATIVE Gina Stanley/CHRIST ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) Policy Number: A31ADF801 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WHERE REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section ll) is amended 2. The Limits of Insurance applicable to the to include as an insured any person(s) or organ- additional insured are the lesser of the ization(s) whom you are required to add as an available limits in this policy, or those limits additional insured on this policy pursuant to you agreed to provide in the written contract a written contract or written agreement or written agreement. which is: 3. With respect to the coverage provided un- 1. Valid and legally enforceable; der this endorsement, the following duties 2. Currently in effect or becoming effective are added to Section IV — Commercial during the term of this policy; and General Liability Conditions, paragraph 2. Duties In The Event of Occurrence, Of- 3. Executed prior to an "occurrence" result- fense,Claim or Suit: ing in "bodily injury" or "property dam- e. An additional insured under this endorse- age." ment will as soon as practicable: B. When required in the written contract or written (1) Give written notice of an "occur- agreement, the coverage provided to the addi- rence" to us which may result in a tional insured under this policy shall be primary claim or"suit" under this insurance; and non-contributory to the additional insured subject to the limitations set forth below. (2) Agree to trigger or activate any other insurance which the additional in- C. The insurance provided to the additional insured sured has for a loss we cover under is limited as follows: this Coverage Part by tendering the 1. The person or organization is an additional defense to the insurers of all such insured only with respect to liability for other insurance. "bodily injury" or "property damage" 4. If required by the written contract or written caused, in whole or in part, by: agreement, we waive the right of recovery a. Your acts or omissions; or we may have against the additional insured to which this endorsement applies for pay- b. The acts or omissions of those acting ments we make for"bodily injury" or "prop- on your behalf; erty damage" arising out of "your work" on In the performance of your ongoing opera- the written contract or written agreement. tions as specified in the written contract. However, such waiver does not apply to payments for liability apportioned to the ad- When required in the written contract or ditional insured. written agreement,the coverage provided to the additional insured by this endorsement 5. Unless otherwise agreed in the written con- �I will apply to "bode injury" n y tract or written agreement, this insurance is PP Y Y J rY "property damage' arising out of the "products- excess over any other insurance whether � completed operations hazard." When cov- primary, excess, contingent or on any other era a does apply to "bodily injury" or " basis that is available to the additional in- 9 PP Y Y � J Y prop- sured. erty damage' arising out of the "products- completed operations hazard" such cover- age will cease at the earliest of the follow- ing: a. The period of time specified by the writ- ten contract or written agreement; or b. The expiration date of this policy. RGL 350 06 15 Includes copyrighted material of Page 1 of 1 Insurance Services Office, Inc.,with its permission. i i Policy Number: A31ADF801 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE Any term or provision of the Cancellation Conditions of the policy or any endorsment amending or replacing such Conditions is amended by the following: If you have agreed in a written contract or written agreement to provide a person or organization who qualifies as an additional insured under this policy a notice of cancellation and/or material change that reduces or restricts the insurance afforded by this Coverage Part we agree to the following: a. Provide 30 days prior written cancellation ntoice for reasons other than nonpayment of premium and/or 30 days prior written notice of coverage change per schedule of additional insureds provided to us. i 1 I 17-491 (10/10) Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10B (Ed.9-14) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS 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.) The additional premium for this endorsement shall be 2% of the total manual premium otherwise due on such remuneration. The minimum premium for this endorsement is $350. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE BLANKET WAIVER Person/Organization Blanket Waiver—Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Job Description Waiver Premium All CA Operations 2483.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective 01/01/2019 Policy No. ECWC010578 Endorsement No. Insured Ecological Concerns Incorporated Premium$ Insurance Company Oak River Insurance Company Countersigned by WC 99 04 10B (Ed.9-14) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured D. Blanket Waiver Of Subrogation E. Employee Hired Autos F. Changes in General Conditions for Hired Auto Physical Damage G. Fellow Employee Coverage H. Auto Loan Lease Gap Coverage 1. Glass Repair—Waiver Of Deductible J. Personal Effects Coverage K. Hired Auto Physical Damage Coverage L. Hired Auto Physical Damage—Loss Of Use M. Hired Car—Worldwide Coverage N. Temporary Transportation Expenses O. Amended Bodily Injury Definition—Mental Anguish P. Airbag Coverage Q. Amended Insured Contract Definition—Railroad Easement R. Coverage Extensions—Audio,Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound S. Notice Of And Knowledge Of Occurrence T. Unintentional Errors Or Omissions U. Towing Coverage CBCA 00 45 05 14 Includes copyrighted material of Page 1 of 6 Insurance Services Office, Inc.,with its permission This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured quired to do so in a contract or agreement The following is added to SECTION II — that is executed by you before the"bodily in- COVERED AUTOS LIABILITY COVER- jury"or"property damage" occurs. AGE, Paragraph A. Coverage, 1. Who Is D. Blanket Waiver Of Subrogation An Insured: The following is added to SECTION IV — Any business entity newly acquired or BUSINESS AUTO CONDITIONS, Para- formed by you during the policy period, pro- graph A. Loss Condition, 5. Transfer of vided you own fifty percent (50%)or more of Rights Of Recovery Against Others To the business entity and the business entity is Us: not separately insured for Business Auto We waive any right of recovery we may Coverage. Coverage is extended up to a have against any person or organization to maximum of one hundred eighty (180) days the extent required of you by a contract exe- following the acquisition or formation of the cuted prior to any "accident" or "loss", pro- business entity. vided that the "accident" or"loss" arises out This provision does not apply to any person of the operations contemplated by such con- or organization for which coverage is ex- tract. The waiver applies only to the person cluded by endorsement. or organization designated in such contract. B. Employees as Insureds E. Employee Hired Autos The following is added to SECTION II — The following is added to SECTION li — COVERED AUTOS LIABILITY COVER- COVERED AUTOS LIABILITY COVER- AGE, Paragraph A. Coverage, 1. Who Is AGE, Paragraph A. Coverage, 1. Who Is An Insured: An Insured Provision: Any "employee" of yours is an "insured" An "employee" of your is an "insured" while while using a covered "auto" you don't own, operating an "auto" hired or rented under a hire or borrow in your business or your per- contract or agreement in that "employee's" sonal affairs. name, with your permission, while perform- C. Blanket Additional Insured ing duties related to the conduct of your business. The following is added to SECTION II — F. Changes In General Conditions For Hired COVERED AUTOS LIABILITY COVER- Auto Physical Damage: AGE, Paragraph A. Coverage, 1. Who Is An Insured: SECTION IV — BUSINESS AUTO CONDI- TIONS, Paragraph B. General Conditions, Any person or organization that you are re- I 5. Other Insurance b. For Hired Auto quired to include as an additional insured on this coverage form in a contract or agree- Physical Damage Coverage is deleted and ment that is executed by you before the replaced with the following: "bodily injury" or "property damage" occurs b. For Hired Auto Physical Damage Cov- is an "insured"for liability coverage, but only erage, the following are deemed to be for damages to which this insurance applies covered "autos"you own: and only to the extent that person or organi- (1) Any covered "auto" you lease, hire, zation qualifies as an "insured" under the rent or borrow; and Who Is An Insured provision contained in SECTION II — COVERED AUTOS LIABIL- (2) Any covered "auto" hired or rented ITY COVERAGE. by your"employee" under a contract The insurance provided to the additional in that individual "employee's" insured will be on a primary and non- name, with your permission, while contributory basis to the additional insured's performing duties related to the own business auto coverage if you are re- conduct of your business. CBCA 00 45 05 14 Includes copyrighted material of Page 2 of 6 Insurance Services Office, Inc., with its permission However any"auto" that is leased, hired, J. Personal Effects Coverage rented or borrowed with a driver is not a The following is added to SECTION III - covered "auto". PHYSICAL DAMAGE COVERAGE, Para- G. Fellow Employee Coverage graph A. Coverage, 4. Coverage Exten- SECTION II — COVERED AUTOS LIABIL- sions: ITY COVERAGE, Paragraph B. Exclu- c. Personal Effects Coverage sions, 5. Fellow Employee does not apply if you have workers compensation insurance In the event of a total theft loss of your covered "auto" we will pay up to $400 in-force covering all of your employees. for "loss" to wearing apparel and other H. Auto Loan Lease Gap Coverage personal effects which are: The following is added to SECTION III — (1) Owned by an "insured"; and PHYSICAL DAMAGE COVERAGE, Para- graph C. Limits Of Insurance: (2) In or on your covered "auto"; In the event of a total "loss" to a covered No deductible applies to Personal Ef- "auto" shown in the Schedule of Declara- fects Coverage. tions, we will pay any unpaid amount due on K. Hired Auto Physical Damage Coverage the lease or loan for a covered "auto"less: The following is added to SECTION III - 1. The amount paid under the PHYSICAL PHYSICAL DAMAGE COVERAGE, Para- DAMAGE COVERAGE section of the graph A. Coverage, 4. Coverage Exten- policy; and sions: 2. Any: d. Hired Auto Physical Damage Cover- a. Overdue lease/loan payments at the age time of the "loss"; If hired "autos" are covered "autos" for b. Financial penalties imposed under a Liability Coverage and this policy also lease for excessive use, abnormal provides Physical Damage Coverage for wear and tear or high mileage. an owned "auto", then the Physical Damage Coverage is extended to "au- c. Security deposits not returned by tos" that you hire, rent or borrow subject the lessor; to the following: d. Costs for extended warranties, (1) The most we will pay for "loss" in Credit Life Insurance, Health, Acci- any one"accident"to a hired, rented dent or Disability Insurance pur- or borrowed "auto"is the lesser of: chased with the loan or lease; and (a) $60,000 e. Carry-over balances from previous loans or leases. (b) The actual cash value of the damaged or stolen property as I. Glass Repair—Waiver Of Deductible of the time of the"loss"; or The following is added to SECTION III — (c) The cost of repairing or replac- PHYSICAL DAMAGE COVERAGE, Para- ing the damaged or stolen prop- graph D. Deductible: erty with other property of like No deductible for a covered "auto" will apply kind and quality. to glass damage if the glass is repaired ra- (2) An adjustment for depreciation and ther than replaced. physical condition will be made in the event of a total"loss". (3) If repair or replacement results in better than like kind or quality, we will not pay for the betterment. CBCA 00 45 05 14 Includes copyrighted material of Page 3 of 6 Insurance Services Office, Inc., with its permission i i i I I (4) A deductible equal to the highest applies, caused by an "accident" Physical Damage deductible appli- which occurs outside of the United cable to any owned auto will apply. States of America, the territories (5) This Coverage Extension will not and possessions of the United apply to: States of America, Puerto Rico and Canada resulting from the mainte- (a) Any "auto" that is hired, rented nance, or use of any covered "auto" or borrowed with a driver; or of the private passenger type you (b) Any "auto" that is hired, rented lease, hire, rent or borrow without a or borrowed from your"employ- driver for thirty(30)days or less. ee". (2) With respect to any claim made or However this coverage extension is ex- "suit" instituted outside the United cess over any other collectible insur- States of America, the territories ance, rather primary, excess, contingent and possessions of the United or on any other basis. This coverage ex- States of America, Puerto Rico, and ' Canada: tension is also excess over any hired auto physical damage coverage covered (a) You shall undertake the investi- by this policy if shown on the declaration gation, settlement and defense page. of such claims and "suits" and L. Hired Auto Physical Damage — Loss Of keep us advised of all proceed- Use ings and actions. The following is added to SECTION II - (b) You will not make any settle- COVERED AUTOS LIABILITY COVER- settle- ment without our consent. AGE, Paragraph A. Coverage, 2. Coverage (c) We will reimburse you: Extensions: (i) For the amount of damages e. We will pay sums which you legally because of liability imposed must pay to the lessor of a covered "au- upon you by law on account to" which you have leased without a of"bodily injury"or"property driver for thirty (30) days or less for the damage' to which this in- lessor's loss of use of the covered "au- surance applies, and to", provided: (Ii) For all reasonable expenses (1) This insurance provides compre- incurred with our consent in hensive, specified causes of loss or connection with the investi- collision coverage on the covered gation, settlement or de- "auto'; fense of such claims or "suits". Reimbursement for (2) The loss of use results from the covered "auto" being damaged in an expenses will be part of the "accident"while you are leasing it. Limit of Insurance for liabil- ity coverage shown in the We will pay up to a maximum limit of Business Auto Coverage $1,500 for this coverage extension. Declarations, and not in ad- dition to such limits. M. Hired Car—Worldwide Coverage g The following is added to SECTION II — (3) The limit of insurance for Liability COVERED AUTOS LIABILITY COVER- Coverage shown in the Business Auto Coverage Declarations is the AGE, Paragraph A. Coverage, 2. Coverage Extensions: most we will reimburse you for the sum of all damages imposed on f. Hired Car—Worldwide Coverage you, as set forth in paragraph (2)(c) above, and all expenses incurred by (1) We will pay all sums an "insured" you arising out of any single "acci- legally must pay as damages be- dent" or"loss". cause of "bodily injury" or "property damage" to which this insurance CBCA 00 45 05 14 Includes copyrighted material of Page 4 of 6 Insurance Services Office, Inc.,with its permission (4) You must maintain the greater of the hours after the covered "loss" and following primary auto liability insur- ends at the time when the covered ance limits: "auto' can be reasonably repaired or (a) Compulsory admitted insurance replaced. with limits required to be in force (4) This coverage does not apply while to satisfy the legal requirements there are spare or reserve "autos" of the jurisdiction where the ac- available to you for your operations. cident occurs; or O. Amended Bodily Injury Definition - Men- (b) Insurance limits required by law tal Anguish and issued by a government en- The following is added to SECTION V - tity or by an insurer licensed or DEFINITIONS, Paragraph C. "Bodily Inju- permitted by law to do business in the jurisdiction where the "ac- cident"occurs; or C. "Bodily injury" also includes mental an- (c) Auto liability insurance limits of guish, but only when the mental anguish at least $300,000 combined sin- arises from other bodily injury, sickness gle limit or $100,000 per person or disease. / $300,000 per accident Bodily P. Airbag Coverage Injury, $100,000 Property Dam- The following is added to SECTION III - g PHYSICAL DAMAGE COVERAGE, Para- If you fail to comply with the above graph B. Exclusions 3.a.: this insurance is not invalidated. However, this exclusion will not apply to ac- However in the event of a "loss", we cidental discharge of an airbag due to me- will pay only to the extent that we chanical or electrical breakdown. would have been liable had you so complied. Q. Amended Insured Contract Definition — (5) The insurance provided by this cov- Railroad Easement erage extension is excess over any SECTION V — DEFINITIONS Paragraph H. other collectible insurance available "Insured contract"is amended as follows: to you whether on a primary, ex- cess, contingent or any other basis. 1. Paragraph H.3. is replaced by the fol- lowing: N. Temporary Transportation Expenses 3. Any easement or license agree- SECTION III — PHYSICAL DAMAGE COV- ment. ERAGE, Paragraph A. Coverage, 4. Cov- erage Extensions, a. Transportation Ex- pense is deleted and replaced by the follow- R. Coverage Extensions — Audio, Visual ing: And Data Electronic Equipment Not De- a. Transportation Expenses signed Solely For The Production Of Sound (1) We will pay up to a maximum of SECTION III — PHYSICAL DAMAGE COV- $1,500 for temporary transportation ERAGE, Paragraph B. Exclusions, 5.a. expense incurred by you because of Exclusions 4.c. and 4.d. do not apply deleted and replaced with the pp y is Physical Damage to a covered "au- to". Pfollowing: (2) We will pay only for those covered a. Equipment and accessories used with "autos" for which you carry Compre- such equipment, except for tapes, rec- hensive, Collision or Specified ords, discs or other electronic media de- Cause of Loss Coverage, vice, provided such equipment is per- manently installed in the covered "auto" (3) We will pay only for those expenses at the time of the "loss" or is removable incurred by you during the period of from the housing unit which is perma- time that begins twenty-four (24) nently installed in the covered "auto' at CBCA 00 45 05 14 Includes copyrighted material of Page 5 of 6 Insurance Services Office, Inc., with its permission the time of the "loss", and such equip- U. Towing Coverage ment is designed to be solely operated SECTION III — PHYSICAL DAMAGE COV- by use of the power from the "autos" ERAGE, Paragraph A. Coverage, 2. Tow- electrical system, in or upon the covered ing is deleted and replace by the following: "autos"; or S. Notice Of And Knowledge Of Occurrence 2. Towing SECTION IV — BUSINESS AUTO CONDI- We will pay up to $750 for towing and TIONS, Paragraph A. Loss Conditions, 2. labor costs incurred each time a cov- Duties In The Event Of Accident, Claim, ered "auto" is disabled due to a covered Suit or Loss, subparagraph a. is deleted cause of loss. However: and replaced with the following: a. All labor must be performed at the a. In the event of"accident", claim, "suit" or place of disablement; and "loss", you must give us or our author- b. If the covered auto is a private pas- ized representative prompt notice of the senger type, no deductible applies; "accident"or"loss" including: and (1) How, when and where the c. If the covered auto is not of the pri- "accident"or"loss"occurred; vate passenger type, our obligation (2) The "insured's" name and address; to pay will be reduced by a $250 and deductible per disablement. (3) To the extent possible, the names and addresses of any injured person and witnesses. Your duty to give us or our authorized representative prompt notice of the "ac- cident" or "loss" applies only when the "accident"or"loss" is known to: (1) You, if you are an individual; (2) A partner if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. T. Unintentional Errors Or Omissions The following is added to SECTION IV — BUSINESS AUTO CONDITIONS, Para- graph B. General Conditions, 2. Conceal- ment, Misrepresentation or Fraud: The unintentional omission of, or uninten- tional error in, any information given by you shall not prejudice your rights under this in- surance. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non- renewal. CBCA 00 45 05 14 Includes copyrighted material of Page 6 of 6 Insurance Services Office, Inc.,with its permission