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2019 Sound/Light Production in support for the Smoky Hill River Festival • • .f�. 1 SMOKY HILL RIVER (°ESTIVAL June 13-16, 2019 • Oakdale Park, Salina AGREEMENT BETWEEN THE CITY OF SALINA, KANSAS and Titan Audio Visual LLC DBA Titan for Sound/Light Production in support for the 2019 Smoky Hill River Festival This Agreement is entered into on the latest date of execution shown on the signature page by and between the City of Salina,Kansas,(the"City")and Titan Audio Visual LLC,a sound production provider(the"Contractor"). Recitals A. The City desires to contract for sound/light production services for the purpose of amplification and lighting at the Eric Stein Stage and Stage II, and Arty's Stage of the Smoky Hill River Festival on June 13, 14, 15, and 16,2019 in compliance with federal,state,and local regulations. B. The Contractor has the requisite qualifications and experience to perform the services needed by the City and desires to perform those services pursuant to the terms of this Agreement. The parties,in consideration of the mutual promises set forth in this Agreement,agree and covenant: 1. Definitions. Capitalized words used in this Agreement shall have the following meanings: "Agreement" means this Agreement for light/sound production services, as amended and supplemented from time to time. "City"means the City of Salina, Kansas. "Contractor"means Titan and its successors. 2. Exhibits. The following Exhibits are attached to and made a part of this Agreement (Mark with "X" if applicable): Exhibit A: Responsibilities of the Parties Exhibit B: Term; Schedule Exhibit C: Basis of Payment Exhibit D: Insurance Requirements Exhibit E: Equipment, Lighting, and Power Specifications 3. Responsibilities of the Parties. The parties agree to perform the responsibilities outlined in the attached and incorporated Exhibit A. A-1 • 4. Term; Schedule. The Contractor agrees to perform its responsibilities during the term and according to the timeframe and schedule described in Exhibit B, subject to the potential for prior termination pursuant to the terms of this Agreement. 5. Payment. The City shall pay the Contractor for the performance of its responsibilities pursuant to this Agreement as set forth in Exhibit C. 6. Insurance Requirements. 6.1. Types and Amount of Coverage. The Contractor agrees to obtain insurance coverage as specified in Exhibit D, attached hereto, and shall not make any material modification or change from these specifications without the prior approval of the City. If the Contractor subcontracts any of its obligations under this Agreement, the Contractor shall require each such subcontractor to obtain insurance coverage as specified in Exhibit D. Failure of the Contractor or its subcontractors to comply with these requirements shall not be construed as a waiver of these requirements or provisions and shall not relieve the Contractor of liability. 6.2. Rating. All insurance policies shall be issued by insurance companies rated no less than A-VII in the most recent "Bests" insurance guide, and admitted in the State of Kansas. Except as otherwise specified in Exhibit D, all such policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance involved. 6.3. Certificate of Insurance. The parties acknowledge that the Contractor has provided the City with a certificate of insurance listing the City as the Certificate Holder and evidencing compliance with the insurance requirements in this Agreement. The City reserves the right to require complete certified copies of all insurance policies procured by the Contractor pursuant to this Agreement, including any and all endorsements affecting the coverage required hereunder. 7. Iniury to Persons or Damage to Property. The Contractor acknowledges responsibility for any injury to person(s) or damage to property caused by its employees or agents in the performance of its duties under this Agreement and shall immediately notify the City's Risk Management Department at(785) 309-5705 in the event of such injury to person(s)or damage to property. 8. Indemnification. To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its agents,representatives,officers,officials and employees from and against all claims,damages, losses and expenses(including but not limited to attomey fees and court costs)attributable to bodily injury, sickness, disease, death, or injury to, impairment,or destruction of property, including loss of use resulting therefrom, to the extent that such claims,damages, losses,and expenses relate to,arise out of, or are alleged to have resulted from the wrongful acts, negligent acts, errors, omissions, or defective work or services of the Contractor, its employees, agents,or any tier of subcontractors in the performance of this Agreement. 9. Voluntary Termination. Either party may terminate this Agreement, with or without cause, upon thirty (30) days advance written notice to the other party. In the event of such termination, the Contractor shall be compensated for such services as have been satisfactorily performed through the date of termination, but no compensation shall be earned after the effective date of the termination. Within five(5)days of any such termination,all finished or unfinished documents,data,studies,surveys,drawings,maps,models,photographs,reports or other material prepared by the Contractor pursuant to this Agreement shall be delivered to the City. Notwithstanding the above, the Contractor shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Contractor,and the City may withhold any payments to the Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor may be determined. 10. Default. If either party fails to comply with any term of this Agreement within ten(10) days after written notice to comply has been mailed by the non-defaulting party to the defaulting party, such failure shall be deemed an immediate breach of this Agreement("Event of Default"). 11. Remedies. Upon the occurrence of an Event of Default, the non-defaulting party shall have the following rights and remedies,in addition to any other rights and remedies provided under this Agreement or by law: A-2 • 11.1 Termination. The non-defaulting party shall have the right to terminate this Agreement or terminate the defaulting party's rights under this Agmuent 11? Other Remedies. The non-defaulting party may pursue any available remedy at law or in equity (including specific performance) by suitanion. mandamus or other proceeding to enforce and compel the performance of the duties and obligations set forth in this Agisetoent to enforce or preserve an) other rights or interests of the non-defaulting party under this Agreement or otherwise existing at law or in equity and to recover any damages incurred by the non-defaulting pan-resulting from such Event of Default 12. Non-Assigrrahk. ' Due to the unique qualifications and capabilities of the Contractor. neither the rights nor responsibilities provided for under this Agreement shall be assimtabk by either party.either in whole or in part 13. Notices. All notices required or permitted to be given pursuant to this Agreement shall be in writing and delivered personally or sent by registered or certified mail return receipt requested. or by generally recognized. prepaid. commercial courier or overnight air courier service. Notice shall be considered given when received on the date appearing on the return receipt. but if the receipt is not returned within five (5)days, then three (3) days after mailed. if sent by registered or certified mail or commercial courier service: or the next business day. if sent by overnight air courier service. Notices shall be addressed as appears below for each party. provided that if any party gives notice of a change of name or address,notices to the giver of that notice shall thereafter be given as demanded in that notice. CITY` City Clerk Atm: Shandi Wicks PD. Box 736 Salina.KS 67402-0736 li CONTRACTOR: f 'ict-0 — David Brecheen.Titan Audio Visual LLC 43495 W.33'4 Street Oklahoma City.OK 73108 405-285-6938 ext 1002 14. Retention and Iuvr>Rtion of Records. The Contractor shall maintain complete. accurate. and clearly identifiable records with respect to all costs and expenses incurred under this Agreement The records shall be maintained during the term of this Agreement and for a period of three (3) years from the date of final payment under this Agreement (the -Retention Period-): provided however, that if any litigation, claim or audit is commenced prior to the expiration of the Retention Period. then the Retention Period shall be extended until all litigation, claims or audit fording have been completely terminated or resolved without right of further appeal. During the Retention Period,the Contractor shall allow a representative of the City during normal business hours to examine. audit and make transcripts or copies of such records and any other documents created pursuant to. or arising under. this Agreement The City agrees to responsibly utilize all information obtained pursuant to this paragraph for the purposes of reviewing confirming_ and verifying the nature and amount of all costs and expenses incurred under this Agreement. The City agrees to take reasonable precautions not to disclose such information outside the scope of those stated purposes.subject to the Kansas open records act or other applicable law. 15. Non-appropriation. The City ii subject to Kansas budget and cash basis laws,and operates on a calendar fiscal year. In the event that this Agreement involves financial obligations spanning multiple fiscal years for the City. it is subject to antral appropriation by the City's governing body for future fiscal years_ If the City's governing body does not appropriate the funds necessary to fulfill the City's financial obligations pursuant to this Agreement the City shall so notify the other parties to this Agreement and this Agreement shall be null and void for purposes of the fiscal ycar(s)affected by the decision of the governing body not to appropriate. 16. Relationship. It is expressly understood that Contractor in performing services under this Agreement.dots so as an independent contractor. The City shall neither have nor exercise any control or direction over the methods by which Contractor performs its responsibilities as outlined in Exhibit A. The sole interest and responsibility of the City is to see that the services covered by this Agreement are performed and rendered in a competent efficient and A-; satisfactory manner. Contractor shall be exclusively responsible for all taxes, withholding payments, employment- based benefits, deferred compensation plans, including but not limited to its workers compensation and social security obligations,and the filing of all necessary documents,forms,or returns pertinent to the foregoing. 17. Subcontracting. Contractor shall not subcontract any work or services under this Agreement without the City's prior written consent. 18. Compliance with Applicable Law. Contractor shall comply with all applicable federal,state,and local law in the performance of this Agreement. 19. Equal Opportunity. (a) In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code, the Contractor and its subcontractors,if any,agree that: (1) The Contractor shall observe the provisions of the Kansas act against discrimination and Chapter 13 of the Salina Code and in doing so shall not discriminate against any person in the performance of work under this Agreement because of race,sex,religion,age,color,national origin,ancestry or disability; (2) The Contractor shall include in all solicitations, or advertisements for employees, the phrase "equal opportunity employer,"or a similar phrase to be approved by the City's human relations director; (3) If the Contractor fails to comply with the manner in which the Contractor reports to the Kansas human rights commission in accordance with the provisions of K.S.A. 44-1031 and amendments thereto, the Contractor shall be deemed to have breached this Agreement and it may be canceled, terminated or suspended,in whole or in part,by the City; (4) If the Contractor is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against discrimination under a decision or order of the Salina human relations commission or the Kansas human rights commission which has become final, the Contractor shall be deemed to have breached this Agreement and it may be canceled,terminated or suspended,in whole or in part,by the City; (5) The Contractor shall not discriminate against any employee or applicant for employment in the performance of this Agreement because of race, sex, religion, age, color, national origin, ancestry or disability;and (6) The Contractor shall include similar provisions in any subcontract under this Agreement. (b) The provisions of this section shall not apply to this Agreement if the Contractor: (1) Employs fewer than four employees during the term of this Agreement;or (2) Contracts with the City for cumulatively$5,000 or less during the City's calendar fiscal year. 20. Administration of Agreement. All references in this Agreement requiring the City's participation or approval shall mean the participation or approval of the City Manager or his designee,unless otherwise provided herein. 21. Attorney Fees. If any suit or action is instituted by either party hereunder,including all appeals,the prevailing party in such suit or action shall be entitled to recover reasonable attorney fees and expenses from the non-prevailing party,in addition to any other amounts to which it may be entitled. 22. Right to Independent Legal Advice. The Contractor understands and acknowledges the right to have this Agreement reviewed by legal counsel of the Contractor's choice. 23. Applicable Law; Venue. This Agreement and its validity, construction and performance shall be governed by the laws of Kansas. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be in the Saline County,Kansas District Court. A-4 24. Interpretation. This Agreement shall be interpreted according to its fair meaning, and not in favor of or against any party. 25. Time. Time is of the essence of this Agreement No extension will be granted unless in writing and signed by the parties. Should the end of a time period fall on a legal holiday that termination time shall extend to 5:00 pin of the next full business day. 26. Severability. The unenforceability,invalidity,or illegality of any provision of this Agreement shall not render the other provisions unenforceable,invalid,or illegal. 27. Authority and Consent to Transaction. Each party represents to the other that the person executing this Agreement has full and legal authority to bind such party to the terms of this Agreement,and that the execution and delivery of this Agreement have been duly and validly authorized by the governing body of each party. 28. Persons Bound. This Agreement shall extend to and bind the heirs, executors, administrators, trustees, successors and authorized assigns of the parties hereto. 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, or in multiple originals, and all such counterparts or originals shall for all purposes constitute one agreement 30. Amendments.Neither this Agreement nor any of its terms may be changed or modified,waived,or terminated except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change,waiver,or termination is sought. 31. Waiver. No failure or delay by a party hereto to insist on the strict performance of any term of this Agreement, or to exercise any right or remedy consequent to a breach thereof, shall constitute a waiver of any breach or any subsequent breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Agreement,but each and every term of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof 32. Conflict Resolution. No interpretation of this Agreement shall be allowed to find the City has agreed to binding arbitration 33. No Third Party Beneficiaries. Solely the parties to this Agreement shall have rights and may make claims under this Agreement There are no intended third party beneficiaries under this Agreement, and no third parties shall have any rights or make any claims hereunder. 34. Typewritten or Handwritten Provisions.Typewritten or handwritten provisions inserted or attached,and initialed by all parties,shall supersede all conflicting printed provisions. 35. Feminine-Masculine, Singular-Plural. Wherever used, singular shall include the plural,plural the singular, and use of any gender shall include all genders. 36. Headings. The headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the interpretation of any provision hereof. 37. Mercer Clause. These terms are intended by the parties as a complete,conclusive and final expression of all the conditions of their Agreement. No other promises, statements, warranties, agreements or understandings, oral or written, made before or at the signing thereof, shall be binding unless in writing and signed by all parties and attached hereto. A-5 IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed by their authorized representatives. CITY OF SALI\.4.,KAN_ CONTRACTOR Trent W.Davis.: D..\layor David BredLmt _ Titan Audio Visual LLC Attest: .401i 4 -, Shan i\v' . MC.'City Clerk Date: April 1.2019 Form: _ l— _ 1 al Coun -. • EXHIBIT A RESPONSIBILITIES OF THE PARTIES 1. Contractor hereby agrees'to provide all the sound and lighting equipment specified in Exhibit"E"-Schedule I (Equipment List)attached hereto and made a part of this Agreement. Contractor warrants that the equipment listed in Exhibit"E'-Schedule I is in good working order. 1 Contractor will provide(6)qualified personnel to insure the proper operation of all equipment provided for in this Agreement. 3. Contractor will provide consultation to Festival Coordinator and Stage Managers during all stages of the festival preparation period including review and advance of contracted performer's technical rides. 4. Buyer will provide at their expense. a minimum of(4)stage hands for the load-in and load- out of contracted equipment listed in Exhibit"E--Schedule I. Stage hands must he healthy.able-bodied persons capable of lifting large and heavy items such as speakers. amplifiers.cables.truss. etc. Stage hands will be under the direct supervision of Titan staff and will work according to safe work practices. 5. Buyer shall provide the electrical power necessary for Contractor to power the lighting and sound systems. The Contractor's electrical requirements are listed in Exhibit"E"- Schedule Il attached hereto. 6. Buyer shall provide adequate security to protect the Contractor's equipment and personnel during the term of this Agreement: including. but not limited to.overnight hours. 7. Buyer will provide adequate access immediately adjacent to the stage areas for the loading and unloading of equipment and parking/vehicle access permits to the Contractor and his designated vehicles. Parking shall be reserved for any vehicle the Contractor may need in the performance of his duties hereunder. A-6 8. Buyer shall provide(1)clean (not smoked in)Non-Smoking hotel rooms; each with `) beds. Check in on June 13, 2019—Check out on June 16, 2019. 9. This Agreement is for service rendered rain or shine. Contractor or Buyer has the right to interrupt the Contractor's performance of his duties hereunder in the event of inclement weather or any other conditions which Contractor or Buyer regard as hazardous to any person or persons. Any such interruption,postponement of cancellation of services shall not affect the Contractor's compensation specified herein. Additional Terms and Conditions: 1. Pricing is based upon the listed equipment and personnel requirements and may be amended depending on special equipment needs, artist requirements, and other events and contingencies: 2. Should any portion of this Agreement prove to be invalid, illegal or unenforceable, it shall not affect the balance of the Agreement. 3. Should any litigation arise between the parties hereto regarding the performance of this Agreement,the prevailing party shall be compensated for whatever damages are awarded, plus reasonable attorney's fees by the other party. 4. This Agreement is the complete understanding between the parties and supersedes and replaces all previous agreements or representations both written and oral. A-7 EXHIBIT B TERM; SCHEDULE 1. The Contractor shall have the equipment provided for in Exhibit"E"- Schedule 1 set up and ready to operate at: Stage II (Oakdale Park) Salina,KS by 10:00 a.m. on June 14,2019 Eric Stein Stage(Oakdale Park) Salina, KS by 5:00 p.m. on June 13,2019 Arty's Stage (Oakdale Park) Salina,KS by10:00a.m. on June 14, 2019 For: Smoky Hill River Festival 2019,as per Festival schedule from June 13-16, 2019 2. Load-in may commence at: Stage II, 5:00p.m. on June 12,2019 Eric Stein Stage,9:00 a.m. on June 13, 2019 Arty's Stage when available or 4:00 p.m. on June 13,2019 3. Power must be in place and of the specification in Exhibit"E"—Schedule II by: 5:00 p.m.June 12, 2019 for Stage II 9:00 a.m. June 13, 2019 for Eric Stein Stage 4:00 pm June 13,2019 for Arty's Stage C-1 EXHIBIT C BASIS OF PAYMENT 1. Compensation: Buyer shall pay to Contractor the amount of$19,275.00 for the Eric Stein Stage lighting and sound production and $8,175.00 for Stage II sound production, and$3,225.00 for Arty's Stage for a total compensation not to exceed of$30,675. 2. Payment: Deposit of$7,668.75 with executed contract Balance of$23,006.25 upon completion,June 16, 2019. 3. Invoices: Buyer will reimburse to Contractor the fuel costs for transportation of equipment and personnel from actual fuel receipts submitted by Contractor. C-2 EXHIBIT D INSURANCE REQUIREMENTS Pursuant to Section 6 of the Agreement, the Contractor shall obtain,pay for, and maintain— and shall require each of its authorized subcontractors to obtain and maintain—for the duration of the Agreement,policies of insurance meeting the following requirements: 1. General Requirements. A. Additional Insured. With the exception of the workers' compensation and professional liability policies to be obtained by the Contractor hereunder, all policies shall name the City of Salina ("City"), its agents, representatives, officers, officials, and employees as additional insured(s). Insurance for the additional insured shall extend to Products/Completed Operations and be as broad as the insurance for the named insured, including defense expense coverage, and, with respect to the commercial general liability policy required hereunder, shall be endorsed to apply as primary and non-contributory insurance before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured(s). B. Waiver of Subrogation. Where allowed by law, all policies will include a waiver of subrogation in favor of the City, its agents, representatives, officers, officials, and employees. C. Claims Made Policies. If coverage is written on a claims-made basis for any of the policies required by this Agreement, the Contractor must maintain the coverage for a minimum of two (2) years from the date of final completion of all work under the Agreement. D. Premium and Deductible Expenses. The Contractor shall be responsible for all premiums and retention or deductible expense for any and all policies required by this Agreement. 2. Specific Coverage Requirements. A. Commercial General Liability ("CGL"). The Contractor shall maintain CGL coverage written on ISO Occurrence form CG00 01 or an industry equivalent, which shall cover liability arising from Personal Injury, Bodily Injury, Property Damage, Premises and Operations, Products and Completed Operations, Contractual Liability, Independent Contractors and Advertising Injury. The policy limits shall not be less than the following: • Each occurrence $1,000,000 • General aggregate $2,000,000 The policy shall contain an endorsement that modifies the general aggregate to apply separately to each project. The Contractor shall maintain the Products and Completed Operations liability coverage for a period of at least two (2) years after completion of all work under the Contract. B. Business Automobile Liability ("BAL"). The Contractor shall maintain BAL coverage written on ISO form CA 00 01 or an industry equivalent. Coverage shall be applicable to all autos and other vehicles subject to compulsory auto liability laws that are owned, hired, E-3 rented or used by the Contractor and include automobiles not owned by but used on behalf of the Contractor. The BAL policy limits shall not be less than the following: • Combined single limit $1,000,000 C. Workers' Compensation/Employer's Liability. The Contractor shall maintain workers' compensation and employer's liability coverage with policy limits not less than the following: • Workers' Compensation (Coverage Part A) o Statutory • Employer's Liability(Coverage Part B) o $100,000 each accident o $500,000 disease—policy limit o S100,000 disease—each employee E-4 EXHIBIT E EQUIPMENT, LIGHTING, AND POWER SPECIFICATIONS Schedule I -Equipment List ERIC STEIN STAGE -$19,275.00 Sound System to include: 1. 1-Yamaha CL5 Digital FOH Mixing Console(EQ's, Comp/Gates,FX Built In) 2. 2-Yamaha RI03224D Remote Digital Stage Boxes w/Dante Transport 3. 1-Audio Snake 48 x 8 x 300' +Transformer Isolated Split 4. 24-QSC Wideline 8 Line Array Speakers+Fly Grids 5. 6-Danley TH115 15"Horn Load Subwoofers 6. 3 -QSC 1-282 Front Fill Speakers 7. 2-Mains Amp Racks w/Basis Speaker Mgt. Controllers(28,000 watts ea.) 8. 1 -Avid SC-48 Digital Monitor Console(EQ's, Comp/Gates, FX Built In) 9. I-Avid 48x16 Remote Digital Stage Box 10. 8- 1000 watt Bi-Amp Monitor Speakers 11. 2-4 Mix Monitor Amp Racks (1000 watts ea. mix) 12. 1 -Drum Mix Monitor Amp Rack 13. 1 -Drum/Bass Monitor System(2-Danley TH115 Subs, 1 JBL VRX 915M) 14. 2-Side Fill Speakers with Amplification 15. 1 -Microphones,DI's, Cables, Stands Pkg. 16. I -Single Channel Comm System 17. I -A/C Power Distribution+Feeder Cable 18. 2-Audio Engineers 19. 6-Wireless Sennheiser IEM monitors for Lost Wax Band 20.4- Sure Wireless systems for Lost Wax Band Lighting system to include: 1.48' 20"Box Truss w/60K Par LED Lighting equivalent 2. 1-DMX Lighting Console 3. 1-Cables, Gels, Frames Pkg. 4. 2- 1 ton Chain Motors+Rigging Hardware 5. 1-A/C Distro+Feeder Cable 6. 1 -Rigger/Lighting Engineer STAGE II -$8,175.00 Sound System to include: 1. 1 -Yamaha LS9-32 Digital FOH Mixing Console (EQ's, Comp/Gates, FX Built In) 2. 1 -Audio Snake 24 x 8 x 150' +Split 3. 4-TurboSound TQ440 12" 3 way Mains Speakers or Martin Audio equivalent 4. 2-Danley TH115 15" Subwoofer Speakers 5. 1 -Mains Amp Rack w/Basis Speaker Mgt. System(12,000 watts) 6. 1 -Yamaha LS9-32 Digital MON Mixing Console(EQ's, Comp/Gates,FX Built In) 7. 6-QSC HPR122i 12"Powered Monitors or JBL equivalent . 8. 1-QSC KW181 18"Powered Sub Woofer 9. 1 -Microphones, DI's, Cables, Stands Pkg. 10. 1 -Single Channel Com System 11. 1 -A/C Power Distribution+Feeder Cable E-5 12. 2—Audio Engineers Arty's Stage-$3225.00 Sound System to include: 1. 1—Presonus SR24-4-2 Digital FOH Mixing console(EQ's, Comp/Gates, FX Built In) 2. 1-Audio Snake 24 x 8 x 150' 3. 2-QSC K12 12"Powered Speakers w/Stands or turbosound equivalent 4. 2-QSC KW 181-18"powered Sub Woofers or turbosound equivalent 5. 5. 6-Turbo Sound TXD-12M 12"Monitor Speakers 6. 1-4 Mix Monitor Amp Rack(600 watts ea. mix) 7. 1- Microphones, DI's, Cables, Stand Pkg. 8. 1-Audio Engineer Schedule H Electrical Requirements Eric Stein Stage Power Requirements: 1. Minimum 100 amp 240V Single Phase or 208V 3-Phase for Sound System Power (Contractor provides #2/4 SO Tails) 1 Minimum 200 amp 208V 3 Phase for Lighting System Power (Contractor provides #00/5 SO Tails) Stage II Power Requirements: I. Minimum 50 amp 240V Single Phase Service run to stage w/NEMA 14-50 125/250v Receptacle. Arty's Stage Power Requirements: I. Minimum of 2 - 120 Volt separate circuits with 20 amp breakers on each. Additional Comments: This proposal includes: • Consultation to Festival Coordinator and Stage Manager during all stages of the Festival preparation period including review and advance of contracted performer's technical riders. • All labor costs for Titan staff including per diems. • All transportation costs of equipment and personnel Excluding cost of fuel to be reimbursed from fuel receipts submitted by Titan. E-6 ---sem.% TITBUSGOIC DIVEY ACORO` CERTIFICATE OF LIABILITY INSURANCE O04/1ATE 712019 `,� 04/17/2019 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(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 19NNE CT INSURICA-Oklahoma City I PHONE No,Est):(405)523-2100 I FAX Na):(405)556-2332 5100 N. a City, Blvd,#300 EMAIL Oklahoma City,OK 73118 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC a INSURER A:Ohio Security Insurance Company 24082 INSURED INSURER B:CompSource Mutual Insurance Co. 36188 Titan Audio Visual LLC INSURER C: I 4349 SW 23rd St INSURERD: I Oklahoma City,OK 73108 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DOL SWVD POLICY NUMBER I(MMI DIIYYYYI (MWODY EFF YEXP/YYYY)I UNITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE X OCCUR X X BKS58074065 10/01/2018 1010112019 pREM5E5(Eaoccu encs) S 1,000,000 _ MED EXP(Any one person) f 15'000 _ PERSONALS ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE f 2,000,000 X POLICY I I JPERei LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: S A AUTOMOBILEDABILITY ANY AUTO COMBINED SINGLE LIMIT 1,000,000 (Ea acddentl $ X X J( BAS58074065 10/01/2018 10/01/2019 BODILY INJURY(Per person) f _ OWNED SCHEDULED AUTOSWNSONLY AUTOS EEpp BODILY INJURY(Per accident) f AUTOS ONLY X MSONLY (rerr accdentDAMAGE S Pe S UMBRELLA LIAB _ OCCUR EACH OCCURRENCE f EXCESS LIAB CLAIMS-MADE AGGREGATE f OEO RETENTIONS S B WORKERS COMPENSATION IPER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETORIPARTNER/EXECUTIVE Y/N 03143393 10/01/2018 1010112019 E.L.EACH ACCIDENT S 1'000'000 OFFICE UM fn BER EXCLUDED? N/A NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,AdditIonal Remarks Schedule,may be attached If more apace Is required) Smokey Hill River Festival June 13-16,2019 City of Salina,its agents,representative,officers,officials,and employees are additional Insured to included completed operations with respects to the general liability and auto liability and waiver of subrogation will apply if required by written contract subject to all provisions and limitations of the polices. Coverage Is primary and noncontributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Salina Kansas THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Clerk Attn: Shandi Wicks PO Box 736 AUTHORIZED REPRESENTATIVE � cIwN •ta I ACORD 25(2016/03) ©1988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Cit, i'l4\ 5 5jq he COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX o SUBJECT PAGE c NON-OWNED AIRCRAFT 2 - NON-OWNED WATERCRAFT 2 — PROPERTY DAMAGE LIABILITY -ELEVATORS 2 a = a e EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 3 'ADDITIONAL INSUREDS] -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE,CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 'WAIVER OF TRANSFER OF RIGHTS;OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I-Coverage A-Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I -Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion J. Damage To Property is replaced by the follow- s ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (I) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. O 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III -Limits Of Insurance. 2. Paragraph 6. under Section III -Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of 'property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for o damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) -Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises 6 that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGESAAND B 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: z d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or 'suit', including actual loss of earnings up to $500 a day because of time off from work. 2 G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II -Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the 'per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. zWith respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. a The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I -Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. 'Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. 'Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. 'Bodily injury", "property damage° or 'personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- = rence' which caused the "bodily injury' or "property damage", or the offense which caused the 'personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. s = d. 'Bodily injury' or "property damage' occurring after. (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Dedaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form a or endorsement under this policy. Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer z workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer 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 in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or 'personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to 'bodily injury" or "property damage" that occurred before you acquired or formed the organization; and k = c. Coverage B does not apply to 'personal and advertising injury" arising out of an offense o committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. g = No person or organization is an insured with respect to the conduct of any current or past partnership, joint g — venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior 'occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE,CLAIM OR SUIT Under Section IV -Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II -Who Is An Insured or a person who has been designated by them to receive reports of "occurrences', offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". s N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V -Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. O 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. a 0 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 8 of 8 COMMERCIAL GENERAL LIABILITY CG 88 62 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - BLANKET VENDORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to include as an additional insured any person(s) or organiza- tion(s) (referred to throughout this endorsement as vendor) whom you have agreed to add as an additional insured in a written contract or written agreement, but only with 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. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law, and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance s afforded to such additional insured will not be broader than that which you are required by the e contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these vendors, the following exclusions apply: 1. The insurance afforded the vendor 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 liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agree- ment; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor, d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, test- ing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container, e. My failure 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 the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution 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 "property damage' arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) 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 the products. C. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. O 2013 Liberty Mutual Insurance CG 88 62 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 1