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Public Property Access Permit Revised 1/16,/14 PUBLIC PROPERTY ACCESS PERMIT Keir. 1nc.,DAA:Geoprobe Systems (hereinafter referred to as "the Permittee") is hereby permitted by the City of Salina (hereinafter referred to as "City") to access public property as shown on the attached map (North Ohio Test Areas 1 &2)north of the viaduct on N.Ohio Street,along the north side of the defunct US Highway 40 right-of-way (thc"Property"). The terms of this Permit are as follows: 1. The access to the Property granted by the City to the Permittee, its employees, agents, assigns, or contractors is in consideration for the promises and assurances provided by the Permittee regarding the performance of the work under the conditions set forth below. 2. The City grants the Permittee, its employees, agents,assigns,or contractors access to the Property for the purpose of drilling soil borings and/or monitoring wells, as proposed on the drawing attachment A. The Permittee shall drill the soil boring so that it does not create any interference with the City's use of the Property, and shall take all reasonable efforts to minimize interference with the City's use of the Property during the drilling. 3. The City grants the Permittee, its employees, agents, assigns or contractors access to the Property for purpose of monitoring, repairing, removing, and maintaining any existing groundwater wells. Provided, however, that the Permittee shall take all reasonable efforts to minimize interference with the City's use of the Property during any such activities. 4. Use of the Right-of-Way shall in all matters be subordinate to the City's use of the Right-of-Way for any public purpose. The Permittee shall coordinate the work in a manner which minimizes adverse impact on public improvements,as reasonably determined by the City. 5. All earth, materials, sidewalks, driveway approaches, paving, crossings, utilities, public improvements,or improvements of any kind injured or removed by the Permittee in their activities under this Permit shall be fully repaired or replaced promptly by the Permittee at their expense and to the reasonable satisfaction of the City and owner thereof,if privately owned or maintained. 6. The Permittee assures the City that prior to termination of this Permit,all materials and equipment shall be removed from the Property and the Property restored to the condition it was in at the time this Permit was executed. Once the monitoring wells are no longer needed, the Permittee will properly abandon the wells in accordance with all regulatory requirements and return that portion of the Property to match that of the property surrounding the wells to the extent possible. 7. The Permittee, its employees, agents, assigns, or contractors shall comply with all city, county, state, and federal laws, statutes, regulations, and ordinances which may affect or pertain to the environmental activities conducted on the Property (including notification of any relevant utilities prior to drilling and compliance with drilling requirements), as well as commercially reasonable standards of care. 8. Other than the activities specified in this access Permit, no further access to or use of the property shall be permitted except upon written consent of the parties, which consent shall not be unreasonably withheld. 9. The Permittee agrees to procure and maintain, during the term of this Permit and any extension thereof for their use and operations on the Right-of-Way, commercial general liability insurance with limits not less than $1,000,000 each occurrence bodily injury and/or property damage, 1 Revised 1/16/14 including the risk of explosion, collapse & underground; $500,000 personal and/or advertising injury limit, $1,000,000 products and completed operations aggregate and $1,000,000 general aggregate; $500,000 Auto Liability for all Owned, Hired and Non-Owned Autos; and Statutory Worker's Compensation insurance. The Permittee is responsible to ensure their independent contractors carry coverage equal or greater than that required of the Permittee. City shall be named as an additional insured on the Permittee's general liability policy.The Permittee shall keep on file with City a certificate of insurance that shows compliance with its obligations as set forth herein. The Permittee agrees to obtain insurance coverage or self-insure itself for contents or owned equipment associated with its own operation(s).The Permittee or its insurance representative shall provide for at least (30) days prior written notice of cancellation or any changes of insurers to City. 10. The insurance limits outlined above represent the minimum coverage limit and do not infer or place a limit of liability on the Permittee nor has the City assessed the risk that may be applicable to the Permittee. The Permittee's liability program will be primary and any insurance maintained by the City (including self-insurance) will not contribute with the coverage maintained by the Permittee. Coverage limits outlined above may be met by a combination of primary and excess liability insurance programs. The City will only accept coverage from an insurance carrier who offer proof that it is licensed to do business in the State of Kansas, and carries a Best's rating of "A:X"or better,or is a company mutually agreed upon by the City and the Permittee. 11. The Permittee agrees to be responsible for proper disposal of waste generated from drilling on the Property relative to Permittee's investigative and remedial activities. 12. During the term of Permit, the Permittee and its successors and assigns shall hold harmless and indemnify the City, its officers, agents, employees and authorized contractors,against all liability, loss damage,expense,and judgment, including attorney's fees so incurred,arising from or relating to its installation,use or maintenance of the Line in the public right-of-way pursuant to this Permit by the Permittee,their agents,contractors,or employees. 13. The Permittee shall notify the City not less than three (3) working days in advance of any work which would require any street closure which reduces traffic flow to less than two (2) lanes of moving traffic. The City shall follow its policies in the granting or denial of such street closure, which shall not be unreasonably delayed or withheld. In addition, all work performed in the traveled way or which in any way impacts vehicular or pedestrian traffic shall be properly signed, barricaded, and otherwise protected. Such signing shall be in conformance with the latest edition of the Federal Highway Administration's Standards and Guideline for Work Zone Traffic Control, 14. The Permit shall commence upon execution of this document and shall continue until the Permittee's authorized use of the Right-of-Way has been completed. 15. The parties signing below warrant that they have authority to enter into this Permit. The City of Sal' By: Date: " Z-2 Daniel R. Stack,City Engineer 2 Revised 1/16/14 c'r L. ,1.1:]s '',Jk.. S stems By: 7/1"PP' _ Date: 3/12-7 202/ 111 • 3 Attachment k Proposed logging and Testing Areas:Geoprobe Systems Wes McCall,Geologist 10-01-20 *. ` r a,, 3 r .„i, r t .awa`rtW ---4;,;',:- = mob '` .'' td, - »� ' . it . 5'4.1'. •` Ai N'•t. ""'E - , ' , j•• --- �, j,� } .s S -.=,cam ,.. 1„ I , • �� y '''": ..., ...: I.': \- ' ''-*" ....,'''',., ..:;1' '1 t ; yy 3A • •- ,, lre —' ..� k • J / -I 1c -ark.", r .4---, ' ..� „am "'°'~ 4" 1. r ,t-:%4` s ti i•..� i. 0 Exclusion Areas for probing or drilling. Pond basins. r.?' L Test Area#1 r—1 I I Test Area e2 i 1.r i Overhead Power lines (Base Map from Google Earth) I RI '`-i CERTIFICATE OF LIABILITY INSURANCE °""`"'°°"^'" THIS C6MTEICATE IS ISSUED All A MATTER OF INFORMATION ONLY AM CONFERS NO Ram UPON THE CERTIFICATE MOLDER MS ceEn N.'ATE DOES NOT AFFIRMATIVELY OR N■GATTVEL.Y AMEND.EXTEND OR ALTER THE COVERAGE AFFORDED EY T1s:PALLS SRI.OMf.TIM CERTIFICATE OF PISURAMCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING WSURERISL AUMOR2ED NEPIIMIENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER. IMPORTANT N do c.,t Wods hoidr—It an ADDRIONAL i1 O.Ha p'aly/Iq)oat hoop AlOarnimo NOM l aOrlifolli Or by atederNlld If SUR ODQATION IS WAIMI%tie Ms tunas and 00a1111ans Oda pleas sonleis poi*.may ragl*N an sndOnrament.Asldi-nM on Oils aentaiosd roes not Mad/Vas to the arldade Midst M Iter d web aximaamsain mamma "E'-11, ' Amber OM �Ot ESI A LLC tt'IC 1000)484-1875 (fwd X5) • m P.G.Bog 1213 -- " Salm KS 67402-1215 yono1in Twain Indem ity cornpany ofM arks 266sS swan ,moms: Mali=Indemnity ibmpsny ot Conamtlaul 26!1!1 ILIA;km,DIIN0rtgobaSwims ammimc: T F701414 Cranks CanaryatAtnadra 26874 II*1*.DMDIMLEM rrsllsio: OW Wd St imams; idea IGS 57I01-1774 wrmp: COVERAGES SJMTIF'CATE 1Nl1otosl: 20.21 Al LJrws IIMMION NUMIllet YtoBIMO EMMYTHAI TMCFOLIOED OFMASANLTtUMW MOW HMO SiWl1gU®!bTIL■mum,NAI100fOCATIPOO THE P000YPERIOD NDIC TIO.NOTWITHIGINOMRANYRIEUIRMSEIVEM1102=HorneNCPANY00NTAADTOKORIRDOQJL1Lt(!WITHA SP■CTTOUCHTMIB CO MM'S&i t II MUSD ORWAY MINN,T1■tIMNNICEAPPOAOpsYTHE POLARS OMCRiI tNIe*UsJECTIOlinTHEWad Mi 00a101710N0 OF BNCN P AJOEIL (NITS IMMO MAY Wilt MEM A SYRID CLAIM. OIt TROPMEIMAYO■ ACIIIJIMPNIF MO WIL WAXY M*t arm urns dOrLIMIU Y i 1.004000 __ 1 aorlaillya MINIM®ooa,n mom LEAe7g( OIiJ. MOO • oc A w_ Y d9Q7s02ai 0710111010 01/01E2021` �s , ay �pai 1,000000 `PROOIk1s-OOIOMOPAte t 21000.000 i• Au1NSOOLRINIMIO Y KaMilINIOLIwst i imps AMMO sOCILYbuMIYIP►e*ae0 • Wow, H011MT71410 071011810 07/01E021 akosr►alurrtrwsssa tq S a �o1[Y ,_.,� $ _ i MatINSLAtw OCCUR eMDROaouRRSNCe ► 0.004000 C mama ma CUP1414514 0710112010 07/01/2021 110el1ECIOE .1/,000 .000 0000 10000 ,IIO'"'ill"�nOw1UM.,Y Y r ,Xlialtne 1 Ia"- e...... ■ NIA UDTILTJIOM •A01/J02o 07,01!1021 }eL I MLIIA0010Bar $ ga s'�r ,01.mom-sr.sINPID10s ►Max ram rowE!EMIR Ai..ot Asa_r'alaryrr _a mow eamai nOMaranom osenawmoseIm o owe 1U1j N&memina Oskotto way bi WNW Rpooto rsw smarms - Public Awes Pow COMM 0110057 'Mak a aa„Md ortlliwls and uupetwdss any putout*Wood orillooto. COMMON'S!HOLDER ANTOOUATIOIS MOULD ANY OF TIE MOVE 0 IK1Ns■D POUCOS OEOwnweLE0 smite DID NNNATIOM DATE TNaOP.NOT1Ce Wats■E D`JWIIEo sI Cly of Salina AGGOAOMIsa mumMI POLICY pROvIs.os 100 S Ash ibrst lune NINo NOsannn ws Woo KS 87401 �� I C� a 1■M.io15 ACORD CORPORATION.Al**amervad. ACORD 25(2OIM3 114 ACORD/ran and Logo era is-fhpd men ofACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR COMMERCIAL INDUSTRIES Thle,ndoraemant modifies 1neura ice pelvided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE-This endorsement broadens coverage. However, coverage for any injury.damage or medical e*,enaes described In any of the provisions of this endorsement may be excluded or limited by another endorsement b this Caverege Part,and these arm-rage broadening provisions do not apply to the extant that coverage is excluded or limited by such an endorsement The fdiowing listing Is a general cover. age description only.Limitations and exclusions may apply to these coverages.Road ad the provisions of this en- dorsement end the rest of your policy cerefuity to determine rights,dudes,end what Is and is not covered. A. Broadened Named Insured .1. Bodtty'Nay To Co-Employees Arid Co-Volunleer B. Blanket Additional Insured-Broad Form Vendors Workers C. Damage To Premises Rented To You K. Aitxafc Charterod With Crew • Perils of fire, explosion, lightning, smoke, L. Non-Owned Watercraft-increased From 25 Feet water To SO Feet • Llmlt Increased to 5300,000 M. Irrseased Supplementary Payments D. Blanket Waiver Of Subrogation • Cost of bail bonds Increased to$2,500 E. Blanket Additional insured - Owners, Managers - Loss of earnings ineressed to$500 per day Or Lessore Of Premises Ml F. Blanket Additional Insured - Lesson 01 Lewd N. Payments-increased Limit Equirnent O. Knowiedgo Md Notice Of Ocaetanoe Or Offer so G. incidental Medical Malpractice P. Unintentional Omission H. Personal Injury-Assumed By Center:A Q. Reasonable Force - Bodily mended Born Injury Or Property L A y Injury Definition Damage PROVISIONS B. BLANKET ADDfT1Ol4AL INSURES) - BROAD A. BROADENED NAMED INSURED FORM VENDORS 1. The following is added to SECTION 11-WHO The following is added to SECTION II-WHO IS Is AN INSURED: AN MUREX My organization, other than a pertnership or My person or oreanizsbon that Is a vendor and john venture,over which you maintain owner. that you hove agreed in a written contract or ship or majority interest on the effective date agreement to include as an additional Insured on of the policy qualities as a Named insured. this Coverage Part to an insured, but only with re. Hovrevsr, coverage for any such organization &pact In Nobility for 'bodily injury' Of 'property will cease as of the date during the policy pe- dernege•that nod that you no longer maintain ownership of, a. caused byen"occurrence"that takes or majority interest In,such oryara}zetlon. ax after you have signed and executed thaccon- 2. The following replaces Paragraph 4.a. of tract or agreement;and SECTION II-WHO IS AN INSURED: a. Coverage under this provision is afloroed b. Arises out of 'your products' which ere die only until the 180th day after you acquire irfbttRed or said In the regular course of sect, or form the organization or the end of the vendors business. policy period, weldrever Is earlier, unless The Insurance provided to such vendor is subraci reported In writing to us within 180 days. to the ung provielona: ..O D4 58 07 1: a ttOIS The Tam indsmnty Ccvrr rny.INS Vas rpm;nrac. F e r. 1 a'f t,dudaf aepy tiled emtwid of Inararca 6mwcca(Ace,Inc wry ire prenrkuslCa COM hAERCIAL GENERAL LIABWTY rt. The IIIrhits of Insurance provided to such wen JURY AND PROPERTY DAMACIE LIABiL- der wit be the limits worth you agreed to pro- ITV: vide In the written contract or agreement, or Exclusions a through n.do col apply to darn- the limits shaven in the Dectarsdona of this ego b premises while rented to you,or tem- Ccverttge Pert,whichever are lest. pottery occupied by you with penribelon of b. The Insurance provided to such vendor does tee owner,mead by: not apply to: a. Fire; (1) 'Bodily injury' or 'property damage" for b, Explosion; which the vendor is obligated to pay damages by reason of the assumption of c. Lightning; it i!Ity in a contract or agreement, This rt_ Smoke resulting from such tire,explosion, exclusion does not apply to !lability for or lightning;or damages thet the vendor would have In e. Water. the absence of the cortbvct or agreement. A separate limit of insurance applies to such (2) Any express warranty unauthorized by damage to premises as described In Pare- you; graph t3.of Section a-Limits Of insurance. (3) My physical or chemical change In"your This Insurance does not apply to damage to products' made Intentionally by such premises while rented to you, or temporally vendor; occupied by you with permission of the (4) Repackaging, unless unpacked soiey for owner,caused by: the purpose of inspection,demonstration, a. Rupture, bursting. or operation of prem- tasting, or the substitution of parts under sire relief devices: Instructions from the manufacturer, and b. re or burstingdue to then repackaged h the origirwi container; �Paexpansion or (d) My Feature to make such itsptctons,ad- of the contents of any building cr lusiments, tests or egrviciig se vendors caused by or resulting tram wz agree to perform or normally undertake to perform in the regular course of twrdneas, Y Fxpioston of steam boilers, steam pipes, In connection with tits distribution or eats sin engines,or steam turbines. of'your products'; 2. The fdlawtng reptaoes Paragraph 8. of SEC. (8) Demonstration, Inetalletion, servicing or MN IE-WAITS OF INSURANCE: repair operations,except such operations Subject to 5. above, the Damage To Nene performed at such vendor's premises in has Rented To You Limit Is the most we wit! connection with the sale of your prod- pay under Coverage A for damages because sets';or of "property damage' to any one pnenisea (7) 'Your products'nfiich,after distribution or while rented to you, or temporarily occupied sale by you, have bean labeled or vela- by you with permission of the twiner,caused baled or used as a hontaiie.r, part or In- by are: explosion; lightning smoke resulting gradient of any other thing or substance from such fire, exploekin, or lightning;or we- by or for such vendor. ter. The Damage To Premises Rented To Coverage under this provision does not apply to: You L odtt wit apply to all damage proximately a. Any person or organization from wham you caused by the same 'oocurranoer, whether have acquired 'your products', or any Inv,- lightnihere damage »esulsults from fire; hxfir , ex; client, part or container entering into, aoh:oni ploslo , smoke resulting from such fire, ex- client, or containing such products;or Pin. or lightning; water, or any Corrhbkha- b. Any vendor for which coverage as ar, addi- tional tient of Y these. Insured specifically is scheduled by en- The Damage To Premises Rented To You doreement. Limit wit be the higher of C. DAMAGE TO PREMISES RENTED TO YOU a >;.4 1,tHA7;or 1. The following replaces the last paragraph of b. The amount shown on the Declarations of Paragraph 2., Exclusions, of SECTION I - this Coverage Part For Damage To Prism- COVERAGES-COVERAGE A BOOLY IN- Isms Rented To You Umit 1-).::,r,:n'7 C 2U1s The Trava:ars indernngy II:amporry.K right hnaarvad CU i0.4 iii 07 1:1 kcixbs cacycivt.r+d mai r*I of hnavrance Servkaa Mica Inc %NI Its parmlaron. COMMERCIAL GEI.JERAL LtA81t-m' 3. Tho to.'iowing rcplecss+ Point:rob e. of the L. le tidy Injury'or 'property damage'caused definition of'nrtaurod contrive'In the DEF1NI- by an "occurrence' that takes (Am or'per- TIONS Section: eoroei Injury"or`advertising Injury'caused by A contract for a itis: of promisee. How. on offense that Is committed, after you hive ever, that portion of the cont/sot fora etnskl end executed Viet contract or screw lease of premises that Indemnifies any merit;and person or orgarbtotion for damage to h. Astons cut of the ownership, mahitsrur:nce or premises welts rented to you. or tempo- use of that part of any premises leased to rarity °ccupiet by you with permission of You- the owner,caused by The Insurance prvvidod to such premises darner, (1) Fife: manager or lessor is subject to the following pro- (2) Exploalor, visions (3) Lightning; premises The limits of Insurance provided to such premises owner, manager or lessor will be (4) Smoke resulting from such fire, ex- the imps Which you agreed to provrale in the elusion,or lightning;or written contract or agreement, or the limits (6) Water, eht on the Declarations of this Coverage Prat whichever are less. is act an'insured contract; b. The insurance provided to such premises The following repliroes Perragreph 4.b.(1)(b) owner,manager or lessor does not apply to: of SECTiON IV— COMMERCIAL GENERAL (1) 'Idly Injury' or 'properly damage' LIABILITY CONDITIONS: caused by an 'occurrence' that lakes (b) That Is insurance for prernlsas reritud to place, or 'personal injury' or`edvertking you.or temporarily ogled by you with Inf urY' caused by an offence that Is can- the permission of the owner; mtttad, after you cease to be a tenant in that premises;or D. BLANKET WAIVER OF SUBROGATION The following Is added to Parsgreph S.,Tra»oefer (2j Skuctuual attmsssrtione, new consintction or ba on Of Rights Of Recovery Against Others To Us, operations performedbymar dehsii aH of such promises owner.. manager of SECTION IV— COMMERCIAL GENERAL U- or lees or. ABILITY CONDITIONS! e. The hrurance provided to such premises We waive soy right of recovery we may have owner, manager or lessor Is excess over any ag:;lnet any person or oryarionitiun because of valid and collectible other Insurance available p_rymerits we make for Injury or damage arising to such premises owner, manager or lessor, out of premises owned or occupied by or rented listless you have agreed to a written contract or loaned to you; ongoing operations performed for this insurance to apply on a primary or by you or on your behalf, done under a contract contributory basis. with that pardon or orgardsation; 'rum wurk; or F. BLANKET ADDRiONAL INSURED—LESSORS "your products". We waive this right where you Of LEASED EQUIPMENT have agreed to do so as part of a written contract, The following Is added to SECTION It—WHO IS executed by you prior to toss. AN INSURED: E, BLANKET ADDMONAL INSURED--OWNERS., MANAGERS OR LESSORS OF PREMISES Any person c have that Is an equipment leri lesaot and that you have agreed In a written con- The following le added to SECTION II—WHO IS tract or egreaement to Include as en additional in- AN INSURED: sured on this Coverage Part is an Inured, but My person or organization that Is a premises *property respectwith to liability for 'bodily injury", owner, manager or lessor end that you hav© damage "personal injury or'adverbs agreed In written contract or agreement to Ing Injury that: name as en additional Insured on this Coverage a. Is`bodily injury or'property damage'caused Pari is an Insured,but only with respect to liability by an 'occurrence' that takes piece, or'per- for 'bodily *off, "property damage', 'personal stoat Injury' or'advertising Wury'caused by injury'or'advertising!Orr en offense that Is committed, oiler you have t;G 0.4 NS 0713 0 2013 The Inweiens Indanvittr Cerree y.At rights rseirwd. Page 3 of 7 I rrs.u.,cwyyrighi d notate or rna+rs=Servlcua Orrice,Inc with Iia parrriusion. COMMERCIAL GENERAL LIABILITY algned and executed that contract or agree- 3. The following is added to Paragraph 2a.(1)of menta and SECTION 11—WHO IS AN INSURED: b. li caused, In whole or in part,by your acts or Unless you ere In the buseasse or oocupetlon an:aeons In the maintenance, operation or providing professional Wrath cars suvices, use by you of equipment hued to you by 04, ( ) and (d)above Gip such equipment lesser. not apply to any "bodily Injury' erdstng out of The Insurance provided to such equipment lessor any providing orMfairing to provide Incidental is subject to the Bother Bing provisions: than an etnpbyed doctor. Arty such The limits of troexernoe provided to su!h 'empioyece providing or failing to provide equipment lessor wil be the limits which you 't dental rned;c r services"durirg their work agreed to provide In the written contract or tours for you wia bo deemed to be acting agreement. or the limits shown on the Deets- within the scope of their employment by you rations of this Coverage Part, wh;chever are or perlaming doses related to the conduct of lest. your business. Parti- te The Insurance provided to such equipment 4. The fdtowing exclusion k added Para lessor does not apply to any'bodily Injury'or g 2., Exclusions, of SECTION 1—COV "property damage"caused by an"occurrence' ERAGES—COVERAGE A BODILY INJURY AND PROPERTY DAMAGE t1AE3s fTY that takes place, or "personal Injury or'ad- vertising injury' caused by an offense that is Sale Of Pharmaceuticale committed,after the equipment Iaare expires. 'Bony injury" or 'property damage" /Dieing c. The tnserenco provided to such areeipment out of the willful violation of a penal statute or lessor Is excese over any vied and collectible ordinance relating to the sate of ptrarmaceuti- other lr ur�snce available to such equipment oats committed by, or with the knowledge or ksaor, urns you have agreed In a written canard of, k' contract for this insurance to apply on a pri- ThSECTION efolio Illg Is LIMITS OF WPUa iiph S. of maty or contributory basis G. INCIDENTAL MEDICAL MALPRACTICE Far the purposes of determining the appIca- t. The following Is added to the definition of'oc bte Each Occurrence Limit, all related acts or li- currenne'In the DEFINITIONS Section: Ing to gra committed to the medical ar or 'to Ing m provtda"tnrddantel medical arrviesa?b Unless you are in the business or occupat+on any one person will be considered one •oo- of providing professional health cars services. currsnoe'. "ooatrrenee' alas means an act or omission C. The fdiowtng Is added to Paragraph 4b.Ex- committed in providing or falling to provide claim Insurance, of SECTION N — COM- Incidental medical services'to a person. MERCIAL GENERAL LIABILITY CONDI- 2. The following is added to the DEFINITIONS TIONS: Section: Thio Insurance Is excess over any valid and "410dt nL sl medical aarvenau'rnaeres: a�aectibie other hrsurance, wheetl er primary, Medical, ,surg(cel.dental,laboratory,x� exesee.ccntingent or an any other baste, that or nursing 6ervice or treatment, advice or Is bbule to any of your of'employees' for ng dgy injury that arises out of providlrq or instruction, or the related furnishing of renins to provide Incidental medical services' food or beverages; to any person to the extent not subject to b. The furnishing or dispensing of drugs or Paragraph 22.41) of SECTION N —WHO IS medcal, dental, or surgical supplies or AN INSURED. appliances: N. PERSONAL INJURY — ASSUMED BY CON- c. First aid;or TRACT d. 'Good Samaritan services". 1. The following replaces Exclusion a-,Contrao- tun! Liability, In Paragraph 2. of SEcT1Or1 I -Good Samaritan seMces"means any rimer- — COVERAGES — COVERAGE 13 PER- gency medical se4ces for which no=ripen- SOMAL AND ADVERTISING INJURY U- sator Is demanded cr received. ABILITY: Page,of 7 02o13The Tnvrers Indemnity Cc moony.Mrfpl+b reserved CG D4 tib 07 13 irc.beex r5) f maternal of IrryrarK*hervIces Orrbe.Inc rah w narrrtiaskr, COMMERCIAL GENERAL.UAB6.1TY • e. Contractual Liability the insured and the interests of the in- 'Personal lnjarle or miI11n0 kijury'for dem nem which the intend le abllipbei to pay 4. The following replaces he first subparagraph damage.by roan et LRM Mtump'ton of of Paragraph 1. of the definition of 'assured liability In a contract or atpnemerit Thio comma In the DEPINITIONS Section: exclusion does not Mai fiat f. That pert of any ether contri►d or agree- (1) Liability for damages/tat the insured mens pertaining to your!wetness (kndud- would have 111 the seance of the lag an indemnification of a municipality In contract or egreeltlaltd er connecdon with work performed for a (2) Ltablety for dUN�at because of municipality)under which you assume the tort iitebRity of another party to pay for 'Personal lnj rrff,*died in a con- 'body injury,"'property damage`or'por- tract or agreement that is en'Insured sonsl Injury'to a tiled person ororgaNxe- contracf, prow ded that the`persons! ton. Tort liability means a lability that injury' is caused by an offense cum- would be Imposed by law in the absence milled subetegtrerd to the execution of of any contract or agreement the mntreflt or agreement. BelelY for I. AMENDED BODILY INJURY DEFINITION the purposes of Lability assumed In en Insured contract', reasonable et- Thu following replaces the definition of"bodily at- torneys foes end necessary Ittigattoe Jury in the DEFINmONS Section: expenses ineurtcrd by or for a party 'Bodily injury' means body injury, mental an- other than en insured wit be downed gtdeh. mental injury, shock, fright, disability, hie to be damages becauee of"personal rnitetion,sickness or disease sustained by*per- eate ",provided that: son.Inducing death resulting from any of these at (a) Liability to suds piety for, or for any time. the cost of, that party's defense .1. BODILY INJURY TO CO-EMPLOYEES AND has also been assumed in the CO-VOLUNTEER WORKERS same"Insured contract';and The followav to added to Paragraph 2.:41) of (b) Such attorney fees and litigation SECTION II-WHO IS AN INSURED: expenses are for defense of that Paragraph (1)(a)above does not apply to'bodily party against a deli or alternative injury'to a co-employee`in the dowse of the co- depute rasoiudon promoting in "ernployeete employment by you or performing which damages to which this Ire duties related to the conduct of your business,or ourance apples are alleged. so`bod!y usury'to your other'volunteer works,'" 2. The following replaces the third sentence al whib performing duties misted to the conduct of Pearagrerph 2. of SUPPLEMENTARY PAY• yourbushesa. MENTS—COVERAGES A All)B: K. AIRCRAFT CHARTERED WITH CREW Notwithstanding the provisbne of Paragraph Tl k4kMtng !a added to Exclusion J„ AbGrvft, 2 b.(2) of Section I-Coverage A-Bodily In Auto Or Watercraft,In Para{braph 2.of SECT1ON IN- fury And Property Damage Usbllty or Para- I - COVERAGES-COVERAGE A BODtLY IN- graph 2.a. of Section 1- Coverage B- Per- The AND PROPERTY DAMAGE t1AU3tLtTY: sons! and Advertising Injury Usbaty, such Thio exclusiondans not apply to an atrcraA that lac payments at not be deemed to be damages because of'bodily injury','pipe ty dametre (a) Chartered with crew to any insured; or "personal injury', and will not reduce the (b) Not owned by any Insured;and limits of InsunInce. (c) Not being used to carry any paraon or pap- 3. nYParaonortrroP- 3. The following rep:aous Paragraph 24. of arty fora charge. SUPPLEMENTARY PAYMENTS - COVER. L NON-OWNED WATERCRAFT AGES A AND B: 1. The blows replaces Para Ex- cl. The allegations in the 'our and the In- duslon g,Aircrraft,, Auto Or Ws (tit, in formation we know about the 'occur- Paragraph 2. of SECTION I-COVERAGES rents'or offense are such that no conflict - COVERAGE A BODILY INJURY AND appears to exist between the Interests of PROPERTY DAMAGE LIABILITY: CO D4 N 07 13 02013 The Tm elan Warmth*Conpsny_Al IV moony& Page 5 of 7 Includes oortyr>ptMd sumer/of Mumma aiMc s Oink hue.IPSOIts pscmisalsri. COMMERCIAL GENERAL LIABILITY (2) A watercraft you do not own that Is: a. The following provisions apply to Petrograph (a) Fifty fait tang or feu,and a.above, but only for the purposes of the in- (b) Not being used b army any person or in- surance provided under iiia Coverage Part to you or prOpetly for et dune. any Insured listed n Pestat�feph 1. 2. of Sedttoi II—Who is An insure& The following Is added b Paragraph 2. of SECTION If—WHO iS AN INSURED: (1) floe to tar of such 'occurranCs' or of- fense must be given as soon as macbca- A,ny person or orgunlzetion that,with your ex- bee only after the'occurrence'or offense preae cc implied consent,either uses or is re- is known to you (if you are en Individual), sponsibie for the use of a watercraft that you any of your partnere; cc members who is do not own tut is en Mdviduat Of you are a partnership or (1) F fry feet long or less;and joint venture),any of your managers who (2) Not being used to cony any piston or is en individual(if you ere a®reach lability property fora charge. companIndividual (I).f you of aro a trusour t). of your who is an t. . INCREASED SUPPLEMENTARY PAYMENTS 1. The fofow�g replaces Paragraph 1.b. of 'executive caws"or dirnators(it you are SUPPLEMENTARY PAYMENTS — COVER- an t venture, nlli other than est pampcompa y or AGES A AND B of SEC ION 1 — COVER- joint oernlimited liability authorized y AGES: trust) or arty 'employee' authorized try you to give notice of an `occurrence or b. Up to $2,60)) for cost of gait bonus re- offence. qrsineci because of soetidonts or traffic fern km- violations arising out of the use of ivw (2) If you aro a partnership,joint venture,lire vehicle to which the Bodily Injury liability d p arty company or taunt,Arid firma eof , Coverage applies.We do not have to fur- your partners, Joint oreIrventure mrxntarx no- Min these bonds. managers or trustees are Ind+viduzab, no- t The foibsvir►Q raptor Paragraph 1.d, of deet to us of such"occurrence"or offense must be given as soon its practicable only SUPPLEMENTARY PAYMIDITS — LAVER- after the"ooerranca"or offerers Is known AGES A AND B of SECTION I — COVER- br AGES: (a) Any individual who is: d. AN reasonable expenses iaarumd by the Insured at our request to assist us in the (1) A partner or member of any part- Investigation or deism of the cbirn or nershlp or joint venture; 'Suit`,Including educt bsa of aefninga up (0) A manager of any limited flablwy to $500 s day MOIRES d tilts off from company; work. N. MEDICAL PAYMENTS— LIMIT (III)A trustee of any bust;or The following replaces 7.of SECTION (Iv)anyn etexher orgeanization:c officer n;or director of BI—LIMITS OP INSURANCE: ether oq}aniza6vn; 7. Subject b 6. above, the Medical Expense met to your r venture Limit Is the most we v.41 pay under Coverage mem yen,managerger or trusteeor C.for el medical expenses because of'bad- (b) Any 'employee' authorized by such Uy Injury' sustained by arty one person, grad partnership, Joint venture, kntted li- will be the higher of: ability company,trust or other organf- (a) 510,000:or notion to give notice of an 'occur- rence or offense. (b) The amount shown on the Declarations of (3) Msuch ice to us of su 'occurrunoe' or of- thisopera Part for Medical ExpanseLimit. tense will be doemad to be given as soon Est practicable if It ie given In good faith se O. KNOWLEDGE MID NOTICE OF OCCUR. soon as practicable to your workers' RENCE OR OFFENSE cornpensation Insurer.Tnis applies only it The foliowIng is added to Paragraph 2.,Duties In you subsequently pivot notice to us of the The Event of Occurrence, Offense, Claim or 'occurrence or offense es soon as preo- Outs, of RECTION iV — COMMERCIAL GE]wl- frcobie after lorry of the persons described VRAL LIABILITY CONDITIONS: In Paragraphs s.(1) or (2)above diacev- Pape tt of 7 O 2013 Tin Trac li.m indertnty Canino y.M ryti.wow= CG D4 58 07 13 !:->, 4c t wpyriptMed anterial or haulm*enure oa OCka,rte with to parmiiaton .e COMMERCIAL GENERAL LIABILITY ere that the `ooaunenoa'or offense may your rights under this insurance. HOWeVer, the result in eta to fetich tete Wince peolkien dote not affect our right b abet t eddF provided tinder this Coverage Part may Ilona*premium er to exercise our rig*of cencet- apply. ledfon a rauranewfll In e000rdence wills spp8ctE- Rowever, if this poky includes an endorse- ble Insurance laws or regulations. ment that provides Smiled oo+rerage for`bod- ily Q. REASONABLE FORCE— BODILY INJURY OR Iriury or. -property throve. or pdiutton PROPERTY DAMAGE ooste eristng out of a discharge. release or escape of 'polutants' which contains a re- The tlaiiowing replaces Exclusion a., E&pivoted Or quirement that the discharge, release or es- Intended injury.In Paragraph 2.of SECTION I— cepe of "pollutants" must be reputed to us COVERAGES — COVERAGE A BODILY IN- within p specific number of days after Its JURY AND PROPERTY DAMAGE LIABILITY: abrupt commencement, this Paragraph a. does not effect that requirement. a. Expected or Intended Injury or Damp P_ UNINTENTIONAL OMISSION 'may Injury'or"property damage' Thor followbg Is added to Paragraph 0., Repro- or Intended horn he standpoint of the In awe:Worta, of SECTION IV — COMMERCIAL sow.Na exclusion does not apply Io'bud- GENERAL LIABILITY CONDITIONS: dy injury"or'property damage" resulting from fhb The unintentional omission of,or unintentional er- use of reasonable [arae to protect any nor In, any information provided by you which we person or property. reli-d upon In lasting tris poky we not prejudice CG D4 5i 0713 C 203 The Trthelerr Warmth/Cattpery.Aitf moireid. Page T orf , ind4.4 es ccpyreardad mrwter ar lnc:irrnce S.nf ye Ma,spa with Its parminalon I COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL. INSUREDS Thio endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILII Y COVERAGE PART PROVISIONS b. The 'personal injury.or"edvertssing injury for COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sought arises out of an of- (Section IV), Paragraph 4. (Other Insurance), is Tense committed amended as follows: subsequent to the signing and execution of that 1. The following Is added to Paragraph a. Primary contract or agreement by you. Insurance: 2. The first Subparagraph (2) of Paragraph b. Ex- However, if you specifically agree In a written con- cess Insurance regarding any other primary in- tract or written agreement that the insurance pro- suranoe available to you Is deleted. vided to an additional Insured under this 3. The following is added to Paragraph b. Excess Coverage Pert must apply on a primary basis, or Insurance, as an additions' subparagraph under a primary and non-contributory basis, this incur- Subparagraph(1): ance is primary to other insurance that is avail- That is available to the insured when the insured able to such additional insured which covers such is added as en additional insured under any other additional insured as a named Insured, and we policy,Including any umbrella or excess policy. will not share with that other Insurance, provided that: The 'bodily injury" or `property damage" for which coverage Is sought occurs;and j4r CO DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies,Inc.Alt rights reserved. Page 1 of 1