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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 This page intentionally left blank 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 This page intentionally left blank