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2024 E-Waste Removal Agreement AGREEMENT BETWEEN THE CITY OF SALINA,KANSAS and TECHREMOVE,LLC for E-WASTE RECYCLING EVENT This Agreement is entered into /f,f Qi j , 2024 by and between the City of Salina, Kansas, (the "City")and TechRemove,LLC,a Missouri limited liability company(the"Contractor"). Recitals A. The City desires to contract for electronic waste recycling services for the purpose of a community-wide recycling event 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 E-Waste Recycling Event, as amended and supplemented from time to time. "City"means the City of Salina,Kansas. "Contractor"means TechRemove 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 3. Responsibilities of the Parties. The parties agree to perform the responsibilities outlined in the attached and incorporated Exhibit A. 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. Contractor Services(2020-30-10) ti ' it 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. Injury 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 attorney 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. The City may terminate this Agreement, with or without cause, upon thirty (30) days advance written notice to the Contractor. 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: 11.1 Termination. The non-defaulting party shall have the right to terminate this Agreement or terminate the defaulting party's rights under this Agreement. 11.2 Other Remedies. The non-defaulting party may pursue any available remedy at law or in equity(including specific performance)by suit,action,mandamus or other proceeding to enforce and compel the performance of the duties and obligations set forth in this Agreement,to enforce or preserve any 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 party resulting from such Event of Default. 12. Non-Assignable. Due to the unique qualifications and capabilities of the Contractor, neither the rights nor responsibilities provided for under this Agreement shall be assignable 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 2 ;11 F 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: Household Hazardous Waste Attn:Derek McKellips 412 E.Ash St. Salina,KS 67402-0736 CONTRACTOR: TechRemove,LLC Attn:Kaloeb Salter 5661 Natural Bridge Ave. Saint Louis,MO 63120 14. Retention and Inspection 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 findings 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 is 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 annual 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 year(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,does 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 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: 3 A ir (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. 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 p.m. 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. 4 A II i 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. Merger 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives. CITY OF SALINA,KANSAS By: Jim eutsch,Public Works Director Date: 3-5-` A.Ozy CONTRACTOR NAME HERE By: TECHREMOVE, LLC Date: V (name) ►�' Swc.ti Y t�-►�qN tu-0414 ►^,4►2 (title) t v— z-41 (date) 5 M ■ I I EXHIBIT A RESPONSIBILITIES OF THE PARTIES 1. Community Recycling Event. The Contractor agrees to organize, hold and facilitate a one-day recycling event within the City of Salina, Kansas, for the purpose of collecting, removing, and recycling electronic waste from individuals in the community in compliance with the Quote Specifications submitted by Contractor and attached and incorporated as page A-2 of this Exhibit A. The event shall be held at the Berkley Family Recreational Area on Markley Road,Salina,Kansas. 2. Materials. During the event,the Contractor shall accept recyclable materials including but not limited to microwaves, TVs, VCR players, DVD players, fax machines, answering machines, monitors, speakers, computers, printers, scanners, hard drives, laptops, keyboards, stereos, radios, pagers, cell phones, kitchen appliances, furnaces, water heaters, air conditioners, power tools, camera equipment, restaurant equipment, medical equipment, lab equipment, machinery, most batteries, lawn and garden equipment(gas and oil must be removed prior to drop off). 3. Collection Fees. The Contractor shall be entitled to collect the following fees from individuals dropping off recyclable electronics and shall provide sufficient personnel to collect such fees. Acceptable forms of payment shall be cash or check: Contractor's All-inclusive Event Cost to City: • See Bid Specifications for details $ 4400.00 • Does not include fees for specific items(i.e.CRTs) m Cash 0 Check Specify acceptable forms of payment from event participants 0 Credit Card regarding fees for specific items listed below(check all that apply): 0 Debit Card 0 PayPal Venmo Contractor's Fees for Specific Items(i.e.CRTs): • Complete list of all items that require an additional fee below • Items not specified will be advertised as free to recycle Item Description List by type and size,as applicable Fee CRT TV $ 30.00 CRT Monitor $ 5.00 LCD,LED,and Plasma Ns $ 20.00 Projection TV $ 45.00 Freon Containing Devices $ 10.00 4. City's Responsibilities. The City shall provide the location,event advertising,restroom facilities,and traffic control. In addition, if the City wishes to operate a survey station on the premises to obtain information from individuals visiting the site,the City shall be responsible for providing any necessary personnel and survey materials. A-1 I 5. Contractor's Responsibilities. Mandatory/Preferred Compiance Electronic Waste Collection and Recycling Option (check yes or no) Mandatory Preferred Yes No Contractor Responsibilities: Organize, hold and facilitate a one day recycling event. Guarantee availability for Saturday, May 4, 2024. I [. 1 kit Shall collect dropped off material from 9:00 a.m. to 1:00 n n P.m. Provide all-inclusive event pricing. I ( Provide R2 or E-Steward or other certification ® �( documentation. Please list how data destruction is certified for data storage devices such as CD ROMs/DVD, solid state drives, hard drives,floppy disks, data tapes,flash memory(USB sticks, SD cards, etc.), internal storage chips, desktop/laptop computers, DVRs, mobile phones,servers, tablets,copiers and imaging devices and high-end Printers. NAIL AAA or R2 Certified data destruction for Hard flrives, Media, Ftc R2 Compliant flestniction for all whole devices w/o removable storage. Acquire applicable permits and ensure compliance with all ( I n federal and state(KDHE) regulations. Provide all required equipment, supplies and tools necessary for completion of services, including clean-up. • Staged truck(s)or trailer(s)to store recyclable materials • Pallets • Boxes and Wraps • Forklift and/or hand truck(s)for loading materials • Vehicles, equipment, supplies and tools necessary for removing all recyclable materials from the premises immediately upon conclusion of the event. A-2 ti Mandatory/Proferred Compliance Electronic Waste Collection and Recycling Op*+ (check yes ano) . Mandatory Preferred Yes No Provide fully qualified, licensed drivers for truck(s)and/or ® [iI forklift(s). Provide sufficient personnel for two lines of simultaneous e-waste collection (minimum of 10 people). X I I lil n List number of personnel: 10 Provide sufficient personnel to collect fees for two lines of simultaneous e-waste collection (minimum of 2 people). Z I I k/ List number of personnel:I 2 Provide city with a brief work plan outlining staffing, VI Li shipping and equipment. Ensure all personnel are courteous and prepared to answer questions regarding how the recyclable materials ® ( I h/ PI are handled following collection. Provide a list of acceptable material. ® I I Iv Provide a list of unacceptable material. ® I I iI Provide a list of materials subject to an additional fee to ® I I IV participants and the fee amounts. Clean and remove all materials and debris from the ® I I [VI n premises at the conclusion of the event.Sweep if needed. Provide city with certificates of recycling and data I I I✓ ❑ destruction within 14 days of event. Provide city with the following information within 14 days of the event: I I IV ❑ • Total weight collected, • #of CRTs collected 1 Additional Information: Additional details provided in Work Plan/Downstream documentation attachment. Comments: May attach additional information,illustrations and documents separately as needed I I A-3 I I EXHIBIT B TERM; SCHEDULE 1. Term.The term of this Agreement shall commence upon execution of this Agreement by both parties, and shall remain in effect until completion of the services described in Exhibit A. 2. Schedule. The Contractor shall provide the recycling event services from 9:00 a.m. to 1:00 p.m., on May 4,2024. The Contractor will arrive before 8:30 a.m.to set up for the event and clean and remove all materials and debris from the premises at the conclusion of the event. B-1 _� r w i EXHIBIT C BASIS OF PAYMENT 1. Compensation.The City agrees to compensate the Contractor on a lump sum basis, in the amount of $4,400.00 with a single lump sum payment upon the satisfactory completion of all the Contractor's responsibilities set forth in Exhibit A. All of the Contractor's costs and expenses, including employee salaries, overhead, other direct costs subcontract expenses, and profit are included in the lump sum amount,and the City shall not be obligated to reimburse the Contractor for costs or expenses in excess of the total lump sum amount. 2. Invoices.Upon completion of all the Contractor's responsibilities set forth in Exhibit A,the Contractor shall invoice the City for the entire lump sum amount. 3. Payment.The Contractor's invoice will be due and payable within 30 days of receipt by the City. C-1 i 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 • Personal and Advertising Liability $1,000,000 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. D-1 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, 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 $100,000 disease—each employee D. Contractor's Pollution Liability. The Contractor shall maintain Pollution Liability insurance covering liability arising from Bodily Injury, Property Damage, Environmental Damage/Clean-up Cost, and Emergency Response Expense. The policy may be written on an occurrence or claims-made form,with limits of insurance not less than: • Each occurrence $1,000,000 • General aggregate $2,000,000 The policy shall include coverage for contractual liability, and shall apply to claims arising out of the liability of subcontractors,transit exposure, and non-owned disposal sites. D-2 -4 IL I • Client#:2298954 04TECHRLLC ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) • 2/08/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Commercial Client Center 888-743-2217 NAME: McGriff Insurance Services LLC PHONE 8887434217 FAX 8888279861 (NC,No,Ext): (NC,No): 7701 Airport Center Dr E-MAIL ADDRESS: ClientServiceCenter me9 riff.com Suite 1800 INSURER(S)AFFORDING COVERAGE NAIC# Greensboro, NC 27409 INSURER A:The Cincinnati Insurance Company 10677 INSURED INSURER B:Cincinnati Casualty Company 28665 TechRemove LLC INSURER C: 5661 Natural Bridge Ave INSURER D St. Louis, MO 63120-1655 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. LTR TYPE OF INSURANCE NSR WVD POLICY NUMBER (MM/DDYIYYYY) (MM/DD�) LIMITS A X COMMERCIAL GENERAL LIABILITY X X ENP0675968 01/24/2024 01/24/2025 EACH OCCURRENCE $1,000000 Ep CLAIMS-MADE X OCCUR PREMISES(REoNccurr0ence) s500,000 MED EXP(Any one person) $10 000 PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ECOT X LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY X X EBA0675968 01/24/2024 01/24/2025(Ea accidentpNGLE LIMIT 1_1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED — SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION X EWC067596901 01/24/2024 01/2412025 X STATUTE EORH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Pollution ENP0675968 01/24/2024 01/24/2025 $1,000,000 Per Incident Liability $2,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Salina included as Additional Insured when required by contract or agreement(Form GA 210). CERTIFICATE HOLDER CANCELLATION Cityof Salina, KS Attn: Derek SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN McKellips ACCORDANCE WITH THE POLICY PROVISIONS. 412 E Ash St Salina, KS 67402 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S33738741/M33675568 QN -• I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage 2 2. Unintentional Failure To Disclose Hazards 8 3. Damage To Premises Rented To You 8 4. Supplementary Payments 9 5. Medical Payments 9 6. 180 Day Coverage For Newly Formed Or Acquired Organizations 9 7. Waiver Of Subrogation 10 8. Automatic Additional Insured -Specified Relationships: 10 (a) Managers Or Lessors Of Premises (b) Lessor Of Leased Equipment (c) Vendors (d) State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises (e) Mortgagee,Assignee Or Receiver 9. Property Damage To Borrowed Equipment . . 13 10. Employees As Insureds - Specified Health Care Services And Good Samaritan Services 14 11. Broadened Notice Of Occurrence 14 12. Nonowned Aircraft ... 14 13. Bodily Injury Redefined 14 14. Expected Or Intended Injury Redefined 14 15. Former Employees As Insureds 14 B. Limits Of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $1,000,000 Aggregate Limit: $3,000,000 Deductible Amount: $ 1,000 3. Damage To Premises Rented To You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail Bonds: $2,500 b. Loss Of Earnings: $ 500 5. Medical Payments Medical Expense Limit: $10,000 9. Property Damage To Borrowed Equipment Includes copyrighted material of Insurance GA 210 09 20 Services Office, Inc., with its permission. Page 1 of 14 Each Occurrence Limit: $10,000 Deductible Amount: $ 250 C. Coverages 1) Occurs during the policy 1. Employee Benefit Liability Coverage period; or a. The following is added to Section I - 2) Occurred prior to the Coverages: "first effective date" of EMPLOYEE BENEFIT LIABILITY this endorsement pro- vided: COVERAGE (1) InsuringAgreement a) You did not have 9 knowledge of a (a) We will pay those sums that claim or"suit"on or the insured becomes legally before the "first ef- obligated to pay as damag- fective date" of this es caused by any act, error endorsement. or omission of the insured, You will be or of any other person for deemed to have whose acts the insured is knowledge of a legally liable, to which this claim or "suit" insurance applies. We will when any insured have the right and duty to listed under C. defend the insured against Coverages, 1. any "suit" seeking those Employee Benefit damages. However, we will Liability Coverage, have no duty to defend b. Who Is An In- against any "suit" seeking sured, (1) of this damages to which this in- endorsement or surance does not apply. We any "employee" may, at our discretion, in- authorized by you vestigate any report of an to give or receive act, error or omission and notice of a claim or settle any claim or"suit" that "suit": may result. But: i) or 1) payany any all, The amount we wille part, of the for damages is limited act, error or as described in C. Cov- omission to us erages, 1. Employee or any other Benefit Liability Cover- insurer; age, c. Limits Of Insur- ance of this endorse- ii) Receives a ment; and written or ver- bal demand or 2) Our right and duty to claim for dam- defend ends when we ages because have used up the appli- of the act, er- cable limit of insurance ror or omis- in the payment of judg- sion; and ments or settlements. b) There is no other No other obligation or liabil- applicable insur- ity to pay sums or perform ance. acts or services is covered unless explicitly provided for (2) Exclusions under Supplementary Pay- ments. This insurance does not apply to: (b) This insurance applies to (a) Bodily Injury, Property damages only if the act, er- Or Personal And ror or omission is negligently Advertising Injury committed in the "admin- "Bodily injury", "property istration" of your "employee damage" or "personal and benefit program"; and advertising injury". Includes copyrighted material of Insurance GA 210 09 20 Services Office, Inc.,with its permission. Page 2 of 14 v. (b) Dishonest, Fraudulent, Act of 1974, as now or Criminal Or Malicious Act hereafter amended, or by any similar federal, state or Damages arising out of any local laws. intentional, dishonest, fraudulent, criminal or mali- (h) Available Benefits cious act, error or omission, committed by any insured, Any claim for benefits to the including the willful or reck- extent that such benefits are less violation of any statute. available, with reasonable effort and cooperation of the (c) Failure To Perform A Con- insured, from the applicable tract funds accrued or other col- lectible insurance. Damages arising out of fail- ure of performance of con- (i) Taxes, Fines Or Penalties tract by any insurer. Taxes, fines or penalties, in- (d) Insufficiency Of Funds cluding those imposed un- der the Internal Revenue Damages arising out of an Code or any similar state or insufficiency of funds to local law. meet any obligations under any plan included in the (j) Employment-Related Prac- "employee benefit program". tices (e) Inadequacy Of Perfor- Any liability arising out of mance Of Invest- any: ment/Advice Given With Respect To Participation 1) Refusal to employ; Any claim based upon: 2) Termination of employ- ment; 1) Failure of any invest- ment to perform; 3) Coercion, demotion, evaluation, reassign- 2) Errors in providing in- ment, discipline, defa- formation on past per- mation, harassment, formance of investment humiliation, discrimina- vehicles; or tion or other employ- ment-related practices, 3) Advice given to any acts or omissions; or person with respect to that person's decision to 4) Consequential liability participate or not to par- as a result of 1), 2)or 3) ticipate in any plan in- above. cluded in the "employee benefit program". This exclusion applies whether the insured may be (f) Workers' Compensation held liable as an employer And Similar Laws or in any other capacity and to any obligation to share Any claim arising out of your damages with or repay failure to comply with the someone else who must pay mandatory provisions of any damages because of the in- workers' compensation, un- jury. employment compensation insurance, social security or (3) Supplementary Payments disability benefits law or any similar law. Section I - Supplementary Pay- ments - Coverages A and B also (g) ERISA apply to this Coverage, however 1.b. and 2.of the Supplementary Damages for which any in- Payments provision do not apply. sured is liable because of li- ability imposed on a fiduci- b. Who Is An Insured ary by the Employee Re- tirement Income Security Includes copyrighted material of Insurance GA 210 09 20 Services Office, Inc.,with its permission. Page 3 of 14 . As respects Employee Benefit Liabil- (c) Your legal representative if ity Coverage, Section II -Who Is An you die, but only with re- Insured is replaced by the following: spect to duties as such. That representative will have all (1) If you are designated in the Dec- your rights and duties under larations as: this Coverage Part. (a) An individual, you and your (3) Any organization you newly ac- spouse are insureds, but on- quire or form, other than a part- ly with respect to the con- nership, joint venture or limited duct of a business of which liability company, and over which you are the sole owner. you maintain ownership or major- (b) A partnership or joint ven- ity interest, will qualify as a ture, you are an insured. Named Insured if no other similar Your members, your part- insurance applies to that organi- ners, and their spouses are zation. However, coverage under also insureds but only with this provision: respect to the conduct of (a) Is afforded only until the your business. 180th day after you acquire (c) A limited liability company, or form the organization or you are an insured. Your the end of the policy period, members are also insureds, whichever is earlier; and but only with respect to the (b) Does not apply to any act, conduct of your business. error or omission that was Your managers are in- committed before you ac- sureds, but only with respect quired or formed the organi- to their duties as your man- zation. agers. c. Limits Of Insurance (d) An organization other than a partnership, joint venture or As respects Employee Benefit Liabil- limited liability company, you ity Coverage, Section III - Limits Of are an insured. Your"execu- Insurance is replaced by the follow- tive officers" and directors ing: are insureds, but only with respect to their duties as (1) The Limits of Insurance shown in your officers or directors. Section B. Limits Of Insurance, Your stockholders are also 1. Employee Benefit Liability insureds, but only with re- Coverage of this endorsement spect to their liability as and the rules below fix the most stockholders. we will pay regardless of the number of. (e) A trust, you are an insured. Your trustees are also in- (a) Insureds; sureds, but only with respect (b) Claims made or "suits" to their duties as trustees. brought; (2) Each of the following is also an (c) Persons or organizations insured: making claims or bringing (a) Each of your "employees" "suits"; who is or was authorized to (d) Acts, errors or omissions; or administer your "employee benefit program"; (e) Benefits included in your "employee benefit program". (b) Any persons, organizations or"employees" having prop- (2) The Aggregate Limit shown in er temporary authorization Section B. Limits Of Insurance, to administer your "employ- 1. Employee Benefit Liability ee benefit program" if you Coverage of this endorsement is die, but only until your legal the most we will pay for all dam- representative is appointed; ages because of acts, errors or or omissions negligently committed Includes copyrighted material of Insurance GA 210 09 20 Services Office, Inc., with its permission. Page 4 of 14 in the "administration" of your (c) The terms of this insurance, "employee benefit program". including those with respect to: (3) Subject to the limit described in (2) above, the Each Employee 1) Our right and duty to Limit shown in Section B. Limits defend the insured Of Insurance, 1.Employee Bene- against any "suits" fit Liability Coverage of this en- seeking those damag- dorsement is the most we will es; and pay for all damages sustained by any one "employee", including 2) Your duties, and the du damages sustained by such ties of any other in- "employee's" dependents and volved insured, in the beneficiaries, as a result of: event of an act, error or omission,or claim; (a) An act, error or omission; or apply irrespective of the ap- (b) A series of related acts, er- plication of the Deductible rors or omissions, regard- Amount. less of the amount of time that lapses between such (d) We may pay any part or all acts, errors or omissions; of the Deductible Amount to effect settlement of any negligently committed in the claim or"suit" and, upon no- "administration" of your "employ- tification of the action taken, ee benefit program". you shall promptly reim- burse us for such part of the However, the amount paid under Deductible Amount as we this endorsement shall not ex- have paid. ceed, and will be subject to the limits and restrictions that apply d. Additional Conditions to the payment of benefits in any plan included in the "employee As respects Employee Benefit Liabil- benefit program." ity Coverage, Section IV - Commer- cial General Liability Conditions is (4) Deductible Amount amended as follows: (a) Our obligation to pay dam- (1) Item 2. Duties In The Event Of ages on behalf of the in- Occurrence, Offense, Claim Or sured applies only to the Suit is replaced by the following: amount of damages in ex- cess of the Deductible 2. Duties In The Event Of An Amount shown in Section B. Act, Error, Omission, Limits Of Insurance, 1. Em- Claim Or Suit ployee Benefit Liability Coy- a. You must see to it that erage of this endorsement we are notified as soon as applicable to Each Em- as practicable of an act, ployee. The limits of insur- error or omission which ance shall not be reduced may result in a claim. by the amount of this de- To the extent possible, ductible. notice should include: (b) The Deductible Amount (1) What the act, error shown in Section B. Limits or omission was Of Insurance, 1. Employee and when it oc- Benefit Liability Coverage of curred; and this endorsement applies to all damages sustained by (2) The names and any one "employee", includ- addresses of any- ing such "employee's" de- one who may suf- pendents and beneficiaries, fer damages as a because of all acts, errors or result of the act, omissions to which this in error or omission. surance applies. Includes copyrighted material of Insurance GA 210 09 20 Services Office, Inc.,with its permission. Page 5 of 14 1 b. If a claim is made or If other valid and collectible "suit" is brought against insurance is available to the any insured, you must: insured for a loss we cover under this Employee Benefit (1) Immediately record Liability Coverage, our obli- the specifics of the gations are limited as fol- claim or "suit" and lows: the date received; and a. Primary Insurance (2) Notify us as soon This insurance is prima- as practicable. ry except when c.below applies. If this insurance You must see to it that is primary, our obliga- we receive written no- tions are not affected tice of the claim or"suit" unless any of the other as soon as practicable. insurance is also prima- c. You and any other in- ry. Then, we will share volved insured must: with all that other insur- ance by the method de- (1) Immediately send scribed in Paragraph b. us copies of any below. demands, notices, summonses or le- b. Method Of Sharing gal papers re- If all of the other insur- ceived in connec- ance permits contribu- tion with the claim tion by equal shares, or"suit"; we will follow this meth- (2) Authorize us to ob- od also. Under this ap- tain records and proach each insurer other information; contributes equal amounts until it has (3) Cooperate with us paid its applicable limit in the investigation of insurance or none of or settlement of the the loss remains, claim or defense whichever comes first. against the "suit"; and If any of the other in- surance does not permit (4) Assist us, upon our contribution by equal request, in the en- shares, we will contrib- forcement of any ute by limits. Under this right against any method, each insurer's person or organi- share is based on the zation which may ratio of its applicable be liable to the in- limit of insurance to the sured because of total applicable limits of an act, error or insurance of all insur- omission to which ers. this insurance may also apply. c. No Coverage d. No insured will, except This insurance shall not at that insured's own cover any loss for which cost, voluntarily make a the insured is entitled to payment, assume any recovery under any obligation, or incur any other insurance in force expense without our previous to the effective consent. date of this Employee Benefit Liability Cover- (2) Item 4. Other Insurance is re- age. placed by the following: e. Additional Definitions 4. Other Insurance Includes copyrighted material of Insurance GA 210 09 20 Services Office, Inc., with its permission. Page 6 of 14 • s As respects Employee Benefit Liabil- and hearing plans; and ity Coverage, Section V-Definitions flexible spending ac- is amended as follows: counts; provided that no one other than an "em- (1) The following definitions are ployee" may subscribe added: to such benefits and 1. "Administration" means: such benefits are made generally available to a. Providing information to those "employees" who "employees", including satisfy the plan's eligibil- their dependents and ity requirements; beneficiaries, with re- spect to eligibility for or b. Profit sharing plans, scope of "employee employee savings benefit programs"; plans, employee stock ownership plans, pen- b. Interpreting the "em- sion plans and stock ployee benefit pro- subscription plans, pro- grams"; vided that no one other than an "employee" c. Handling records in may subscribe to such connection with the benefits and such bene- "employee benefit pro- fits are made generally grams"; or available to all "employ- d. Effecting, continuing or ees" who are eligible terminating any "em- under the plan for such ployee's" participation in benefits; any benefit included in c. Unemployment insur- the "employee benefit ance, social security program". benefits, workers' com- However, "administration" pensation and disability does not include: benefits; and a. Handling payroll deduc- d. Vacation plans, includ- tions; or ing buy and sell pro- grams; leave of ab- b. The failure to effect or sence programs, includ- maintain any insurance ing military, maternity, or adequate limits of family, and civil leave; coverage of insurance, tuition assistance plans; including but not limited transportation and to unemployment insur- health club subsidies. ance, social security benefits, workers' corn- 4. "First effective date" means pensation and disability the date upon which cover- benefits. age was first effected in a series of uninterrupted re- 2. "Cafeteria plans" means newals of insurance cover- plans authorized by applica- age. ble law to allow "employees" to elect to pay for certain (2) The following definitions are de- benefits with pre-tax dollars. leted in their entirety and re- placed by the following: 3. "Employee benefit pro- grams" means a program 5. "Employee" means a person providing some or all of the actively employed, formerly following benefits to "em- employed, on leave of ab- ployees", whether provided sence or disabled, or retired. through a "cafeteria plan" or "Employee" includes a otherwise: "leased worker". "Employee" does not include a "tempo- a. Group life insurance; rary worker". group accident or health insurance; dental, vision Includes copyrighted material of Insurance GA 210 09 20 Services Office, Inc., with its permission. Page 7 of 14 18. "Suit" means a civil proceed- The exclusions under Section I - ing in which money damag- Coverage A- Bodily Injury And Prop- es because of an act, error erty Damage Liability, 2. Exclusions, or omission to which this in- other than i. War and the Nuclear surance applies are alleged. Energy Liability Exclusion (Broad "Suit" includes: Form), are deleted and the following are added: a. An arbitration proceed- ing in which such dam- This insurance does not apply to: ages are claimed and to which the insured must (a) "Property damage": submit or does submit (i) Assumed in any contract or with our consent; agreement; or b. Any other alternative (ii) Caused by or resulting from dispute resolution pro- any of the following: ceeding in which such damages are claimed 1) Wear and tear; and to which the in- sured submits with our 2) Rust or other corrosion, consent; or decay, deterioration, hidden or latent defect c. An appeal of a civil pro- or any quality in proper- ceeding. ty that causes it to damage or destroy it 2. Unintentional Failure To Disclose Haz- self; arils 3) Smog; Section IV- Commercial General Liabil- ity Conditions, 6. Representations is 4) Mechanical breakdown, amended by the addition of the following: including rupture or bursting caused by cen- Based on our dependence upon your rep- trifugal force; resentations as to existing hazards, if un- intentionally you should fail to disclose all 5) Settling, cracking, such hazards at the inception date of your shrinking or expansion; policy, we will not reject coverage under this Coverage Part based solely on such 6) Nesting or infestation, failure. or discharge or release of waste products or 3. Damage To Premises Rented To You secretions, by insects, birds, rodents or other a. The last paragraph of 2. Exclusions animals; or under Section I - Coverage A- Bod- ily Injury And Property Damage Li- 7) Presence, growth, pro- ability is replaced by the following: liferation, spread or any activity of fungus, in- Exclusions c.through n. do not apply cluding mold or mildew, to damage by fire, explosion, light- and any mycotoxins, ning, smoke or soot to premises while spores, scents or by- rented to you or temporarily occupied products produced or by you with permission of the owner, released by fungi. for which the amount we will pay is limited to the Damage To Premises (b) "Property damage" caused di- Rented To You Limit as described in rectly or indirectly by any of the Section III- Limits Of Insurance. following: b. The insurance provided under Sec- (i) Earthquake, volcanic erup- tion I- Coverage A- Bodily Injury And tion, landslide or any other Property Damage Liability applies to earth movement; "property damage" arising out of wa- ter damage to premises that are both (ii) Water that backs up or over rented to and occupied by you. flows or is otherwise dis- charged from a sewer, drain, As respects Water Damage Legal Li- sump, sump pump or related ability, as provided in Paragraph 3.b. equipment; above: Includes copyrighted material of Insurance GA 210 09 20 Services Office, Inc.,with its permission. Page 8 of 14 (iii) Water under the ground sur- a. While rented to you, or face pressing on, or flowing temporarily occupied by or seeping through: you with permission of the owner; 1) Foundations, walls, floors or paved surfac- b. In the case of damage es; by fire, explosion, light- ning, smoke or soot, 2) Basements, whether while rented to you; or paved or not; or c. In the case of damage 3) Doors,windows or other by water, while rented openings. to and occupied by you. (c) "Property damage" caused by or (2) The most we will pay is limited as resulting from water that leaks or described in Section B. Limits Of flows from plumbing, heating, air Insurance, 3. Damage To Prem- conditioning, fire protection sys- ises Rented To You of this en- tems, or other equipment, dorsement. caused by or resulting from freezing, unless: 4. Supplementary Payments (i) You did your best to main- Under Section I - Supplementary Pay- tain heat in the building or ments-Coverages A and B: structure; or a. Paragraph 1.b. is replaced by the fol- (ii) You drained the equipment lowing: and shut off the water sup- ply if the heat was not main- Up to the limit shown in Section B. tained. Limits Of Insurance, 4.a. Bail Bonds of this endorsement for cost of bail (d) "Property damage" to: bonds required because of accidents or traffic law violations arising out of (i) Plumbing, heating, air condi- the use of any vehicle to which the tioning, fire protection sys- Bodily Injury Liability Coverage a - tems, or other equipment or plies. We do not have to furnish these appliances; or bonds. (ii) The interior of any building b. Paragraph 1.d. is replaced by the fol- � or structure, or to personal lowing: property in the building or structure, caused by or re- All reasonable expenses incurred by suiting from rain, snow, sleet the insured at our request to assist us or ice, whether driven by in the investigation or defense of the wind or not. claim or"suit", including actual loss of earnings up to the limit shown in Sec- c. Limit Of Insurance tion B. Limits Of Insurance, 4.b. Loss With respect to the insurance afford- Of Earnings of this endorsement per ed in Paragraphs 3.a.and 3.b.above, day because of time off from work. the Damage To Premises Rented To 5. Medical Payments You Limit as shown in the Declara- tions is amended as follows: The Medical Expense Limit of Any One Person as shown in the Declarations is (1) Paragraph 6. of Section III - Lim- amended to the limit shown in Section B. its Of Insurance is replaced by Limits Of Insurance, 5. Medical Payments the following: of this endorsement. 6. Subject to Paragraph 5. 6. 180 Day Coverage For Newly Formed above, the Damage To Or Acquired Organizations Premises Rented To You Limit is the most we will pay Section II - Who Is An Insured is under Coverage A - Bodily amended as follows: Injury And Property Damage Liability for damages be- Subparagraph a. of Paragraph 3. is re- cause of "property damage" placed by the following: to any one premises: Includes copyrighted material of Insurance GA 210 09 20 Services Office, Inc.,with its permission. Page 9 of 14 a. Coverage under this provision is af- leased to you, subject to the forded only until the 180th day after following additional exclu- you acquire or form the organization sions: or the end of the policy period, whichever is earlier; This insurance does not ap- ply to: 7. Waiver Of Subrogation (i) Any "occurrence" which Section IV- Commercial General Liabil- takes place after you ity Conditions, 8. Transfer Of Rights Of cease to be a tenant in Recovery Against Others To Us is that premises; amended by the addition of the following: (ii) Structural alterations, We waive any right of recovery against new construction or any additional insured under this en- demolition operations dorsement, because of any payment we performed by or on be- make under this endorsement, to whom half of such additional the insured has waived its right of recov- insured. ery in a written contract, written agree- ment, written permit or written authoriza- (b) Lessor Of Leased Equip- tion. Such waiver by us applies only to ment the extent that the insured has waived its Any person(s) or organiza- right of recovery against such additional tion(s) from whom you lease insured prior to loss. equipment you are required 8. Automatic Additional Insured - Speci- per Paragraph 8.a.(1) of this fied Relationships endorsement to provide in- surance. Such person(s) or a. The following is added to Section II - organization(s) are insureds Who Is An Insured: only with respect to liability (1) Any person(s) or organization(s) for "bodily injury", "property damage" or "personal and described in Paragraph 8.a.(2) of advertising injury" caused, in this endorsement (hereinafter re- whole or in part, by your ferred to as additional insured) maintenance, operation or whom you are required to add as use of equipment leased to an additional insured under this you by such person(s) or or- Coverage Part by reason of a ganization(s). A person's or written contract, written agree- organization's status as an ment, written permit or written additional insured under this authorization. endorsement ends when (2) Only the following persons or or- their contract or agreement ganizations are additional in- with you for such leased sureds under this endorsement, equipment ends. However, and insurance coverage provided this insurance does not ap to such additional insureds is lim ply to any "occurrence" ited as provided herein: which takes place after the equipment lease expires. (a) Managers Or Lessors Of Premises (c) Vendors The manager or lessor of a Any person or organization premises leased to you you (referred to below as ven are required per Paragraph dor) you are required per 8.a.(1) of this endorsement Paragraph 8.a.(1) of this en- to provide insurance, but on- dorsement to provide insur- ly with respect to liability for ance, but only with respect "bodily injury", to liability for "bodily injury" "property damage" or "personal and or"property damage" arising advertising injury"caused, in out of "your products" which whole or in part, by you or are distributed or sold in the those acting on your behalf regular course of the ven in connection with the own- dors business, subject to ership, maintenance or use the following additional ex of that part of the premises clusions: Includes copyrighted material of Insurance GA 210 09 20 Services Office, Inc., with its permission. Page 10 of 14 ': w (i) The insurance afforded dor's premises in the vendor does not connection with the apply to: sale of the product; 1) "Bodily injury" or 7) Products which, af- "property damage" ter distribution or for which the ven- sale by you, have dor is obligated to been labeled or re- pay damages by labeled or used as reason of the as- a container, part or sumption of liability ingredient of any in a contract or other thing or sub- agreement. This stance by or for the exclusion does not vendor; or apply to liability for damages that the 8) "Bodily injury" or vendor would have "property damage" in the absence of arising out of the the contract or sole negligence of agreement; the vendor for its own acts or omis- 2) Any express war- sions or those of ranty unauthorized its employees or by you; anyone else acting on its behalf. How- 3) Any physical or ever, this exclusion chemical change in does not apply to: the product made intentionally by the a) The excep- vendor; tions contained in Paragraphs 4) Repackaging, ex- (c)(i)4) or 6) of cept when un- this endorse- packed solely for menta or the purpose of in- spection, demon- b) Such inspec- stration, testing, or tions, adjust- the substitution of ments, tests or parts under in- servicing as structions from the the vendor has manufacturer, and agreed to then repackaged in make or nor- the original con- mally under- tainer; takes to make in the usual 5) Any failure to make course of such inspections, business, in adjustments, tests connection or servicing as the with the distri- vendor has agreed bution or sale to make or normal- of the prod- ly undertakes to ucts. make in the usual course of busi- (ii) This insurance does not ness, in connection apply to any insured with the distribution person or organization: or sale of the products; 1) From whom you have acquired 6) Demonstration, in- such products, or stallation, servicing any ingredient, part or repair opera- or container, enter- tions, except such ing into, accompa- operations per- nying or containing formed at the ven- such products; or Includes copyrighted material of Insurance GA 210 09 20 Services Office, Inc.,with its permission. Page 11 of 14 2) When liability in- to their liability as mortga- cluded within the gee, assignee or receiver "products- and arising out of the own- completed opera- ership, maintenance or use tions hazard" has of the premises by you. been excluded un- However, this insurance der this Coverage does not apply to structural Part with respect to alterations, new construction such products. and demolition operations d State Or Governmental performed by or for that per- ( ) son or organization. Agency Or Subdivision Or Political Subdivision - (3) The insurance afforded to addi- Permits Or Authorizations tional insureds described in Par- Relating To Premises agraph 8.a.(1) of this endorse- ment: Any state or governmental agency or subdivision or po- (a) Only applies to the extent litical subdivision you are permitted by law; required per Paragraph 8.a.(1) of this endorsement (b) Will not be broader than that to provide insurance, subject which you are required by to the following additional the written contract, written provision: agreement, written permit or written authorization to pro- This insurance applies only vide for such additional in- with respect to the following sured; and hazards for which the state or governmental agency or (c) Does not apply to any per- subdivision or political sub- son, organization, vendor, division has issued a permit state, governmental agency or authorization in connec or subdivision or political tion with premises you own, subdivision, specifically rent or control and to which named as an additional in this insurance applies: sured under any other provi- sion of, or endorsement (i) The existence, mainte- added to, this Coverage nance, repair, construc- Part, provided such other tion, erection or removal provision or endorsement of advertising signs, covers the injury or damage awnings, canopies, cel- for which this insurance ap- lar entrances, coal plies. holes, driveways, man- holes, marquees, hoist b. With respect to the insurance afford- away openings, side- ed to the additional insureds de- walk vaults, street ban- scribed in Paragraph 8.a.(1) of this ners or decorations and endorsement, the following is added similar exposures; to Section III - Limits Of Insurance: (ii) The construction, erec- The most we will pay on behalf of the tion or removal of eleva additional insured is the amount of in- tors; or surance: (iii) The ownership, mainte- (1) Required by the written contract, nance or use of any el written agreement, written permit evators covered by this or written authorization described insurance. in Paragraph 8.a.(1) of this en- dorsement. For the purpose of (e) Mortgagee, Assignee Or determining the required amount Receiver of insurance only, we will include the minimum amount of any Urn- Any person or organization brella liability or Excess Liability you are required per Para- coverage required for that addi- graph 8.a.(1) of this en- tional insured in that written con- dorsement to provide insur- ance, but only with respect Includes copyrighted material of Insurance GA 210 09 20 Services Office, Inc., with its permission. Page 12 of 14 tract, written agreement, written Paragraphs (3) and (4) of this exclu- permit or written authorization; or sion do not apply to tools or equip- mentAvailable under the applicable loaned to you, provided they are (2) pp not being used to perform operations limits of insurance; at the time of loss. whichever is less. b. With respect to the insurance provid- This endorsement shall not increase ed by this section of the endorse- the applicable limits of insurance. ment, the following additional provi- sions apply: c. Section IV - Commercial General Liability Conditions is amended to (1) The Limits of Insurance shown in include the following: the Declarations are replaced by the limits shown in Section B. Automatic Additional Insured Pro- Limits Of Insurance, 9. Property vision Damage To Borrowed Equip- ment of this endorsement with This insurance applies only if the respect to coverage provided by "bodily injury" or "property damage" this endorsement. These limits occurs, or the "personal and advertis- are inclusive of and not in addi- ing injury" offense is committed: tion to the limits being replaced. (1) During the policy period; and The Limits of Insurance shown in Section B. Limits Of Insurance, (2) Subsequent to your execution of 9. Property Damage To Bor- the written contract or written rowed Equipment of this en- agreement, or the issuance of a dorsement fix the most we will written permit or written authori- pay in any one "occurrence" re- zation, described in Paragraph gardless of the number of: 8.a.(1). (a) Insureds; d. Section IV - Commercial General Liability Conditions is amended as (b) Claims made or "suits" follows: brought; or Condition 4. Other Insurance is (c) Persons or organizations amended to include: making claims or bringing "suits". Primary And Noncontributory In- surance (2) Deductible Clause This insurance is primary to and will (a) Our obligation to pay dam not seek contribution from any other ages on your behalf applies insurance available to an additional only to the amount of dam insured per Paragraph 8.a.(1) of this ages for each "occurrence" endorsement provided that: which are in excess of the Deductible Amount shown in (1) The additional insured is a Section B. Limits Of Insur- Named Insured under such other ance, 9. Property Damage insurance; and To Borrowed Equipment of this endorsement. The limits (2) You have agreed in writing in a of insurance will not be re- contract, agreement, permit or duced by the application of authorization described in 8.a.(2) such Deductible Amount. of this endorsement that this in- surance would be primary and (b) Section IV - Commercial would not seek contribution from General Liability Conditions, any other insurance available to 2. Duties In The Event Of the additional insured. Occurrence, Offense, Claim Or Suit, applies to each 9. Property Damage To Borrowed Equip- claim or"suit" irrespective of ment the amount. a. The following is added to Exclusion (c) We may pay any part or all 2.j. Damage To Property under Sec- of the deductible amount to tion I- Coverage A- Bodily Injury And effect settlement of any Property Damage Liability: claim or"suit" and, upon no- Includes copyrighted material of Insurance GA 210 09 20 Services Office, Inc.,with its permission. Page 13 of 14 tification of the action taken, 12. Nonowned Aircraft you shall promptly reim- burse us for such part of the The following is added to Exclusion 2.g. deductible amount as has Aircraft, Auto Or Watercraft under Sec- been paid by us. tion I - Coverage A - Bodily Injury And Property Damage Liability: 10. Employees As Insureds - Specified Health Care Services And Good Samar- This exdusion does not apply to an air- itan Services craft you do not own, provided that: Paragraph 2.a.(1)(d) under Section II - a. The pilot in command holds a current Who Is An Insured does not apply to: effective certificate, issued by a duly constituted authority of the United 1) Your "employees" who provide pro- States of America or Canada, desig- fessional health care services on your nating that person as a commercial or behalf as a duly licensed nurse, airline transport pilot; emergency medical technician or paramedic in the jurisdiction where an b. The aircraft is rented with a trained, "occurrence" or offense to which this paid crew; and insurance applies takes place; or c. The aircraft does not transport per- 2) Your"employees" or"volunteer work- sons or cargo for a charge. ers", other than an employed or vol- 13. Bodily Injury Redefined unteer doctor, providing first aid or good samaritan services during their Section V - Definitions, 3. "Bodily injury" work hours for you will be deemed to is replaced by the following: be acting within the scope of their employment by you or performing du 3. "Bodily injury" means bodily harm or ties related to the conduct of your injury, sickness, disease, disability, business. humiliation, shock, fright, mental an- guish or mental injury, including care, 11. Broadened Notice Of Occurrence loss of services or death resulting from any of these at any time. Paragraph a. of Condition 2. Duties In The Event Of Occurrence, Offense, 14. Expected Or Intended Injury Redefined Claim Or Suit under Section IV - Com- mercial General Liability Conditions is he last sentence of Exclusion 2.a. Ex- replaced by the following: pected Or Intended Injury under Sec- tion I - Coverage A - Bodily Injury And a. You must see to it that we are notified Property Damage Liability is replaced by as soon as practicable of an "occur- the following: rence" or an offense which may result in a claim. To the extent possible, no- This exclusion does not apply to "bodily tice should include: injury" or"property damage" resulting from the use of reasonable force to protect per- (1) How, when and where the "oc- sons or property. currence"or offense took place; 15. Former Employees As Insureds (2) The names and addresses of The following is added to Paragraph 2. any injured persons and wit- nesses; and under Section II -Who Is An Insured: (3) The nature and location of any 2. Each of the following is also an in- injury or damage arising out of sured: the"occurrence" or offense. Any of your former "employees", di- This requirement applies only when rectors, managers, members, part- ners or "executive officers", including the "occurrence" or offense is known to any insured listed under Paragraph but not limited to retired, disabled or 1.of Section II- Who Is An Insured or those on leave of absence, but only for acts within the scope of their em any "employee" authorized by you to ployment by you or for duties related give or receive notice of an "occur- rence" or offense. to the conduct of your business. Includes copyrighted material of Insurance GA 210 09 20 Services Office, Inc.,with its permission. Page 14 of 14 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPlus® BUSINESS AUTO XC+® (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. A. Blanket Waiver of Subrogation This provision does not apply unless the valid written contract has been: SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 5. Transfer of 1. Executed prior to the accident causing Rights of Recovery Against Others to Us is "bodily injury"or"property damage"; and amended by the addition of the following: 2. Is still in force at the time of the "accident" We waive any right of recovery we may have causing "bodily injury" or "property dam- against any person or organization because of age". payments we make for "bodily injury" or "property damage" arising out of the operation D. Employee Hired Auto of a covered "auto" when you have assumed 1. Changes in Liability Coverage liability for such "bodily injury" or "property damage" under an "insured contract", provid- The following is added to the SECTION II ed the "bodily injury" or"property damage" oc- - LIABILITY COVERAGE, A. Coverage, curs subsequent to the execution or the "in- 1.Who is an Insured: sured contract". An "employee" of yours is an "insured" B. Noncontributory Insurance while operating an "auto" hired or rented SECTION IV - BUSINESS AUTO CONDI- under a contracts" name,or with your agreementr inthat "employee's" your permission, TIONS, B. General Conditions, 5. Other In- while performing duties related to the surance c. is deleted in its entirety and re- conduct of your business. placed by the following: 2. Changes in General Conditions c. Regardless of the provisions of Par- agraph a. above, this Coverage SECTION IV - BUSINESS AUTO CON- Form's Liability Coverage is primary DITIONS, B. General Conditions, 5. and we will not seek contribution Other Insurance is deleted in its entirety from any other insurance for any Iia- and replaced by the following: bility assumed under an "insured contract" that requires liability to be b. For Hired Auto Physical Damage assumed on a primary noncontributo Coverage the following are deemed ry basis. to be covered "autos"you own: C. Additional Insured by Contract (1) Any covered "auto" you lease, hire, rent or borrow; and SECTION II - LIABILITY COVERAGE, A. (2) Any covered "auto" hired or Coverage, 1. Who is an Insured is amended rented by your"employee" under to include as an insured any person or organi- zation for whom you have agreed in a valid a contract in that individual "em- written contract to provide insurance as af- name, with your per forded by this policy. mission, while performing duties related to the conduct of your This provision is limited to the scope of the business. valid written contract. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 1 of 4 I M However, any "auto" that is leased, a. Is effective on the date of acquisition hired, rented or borrowed with a driver or formation, and is afforded for 180 is not a covered "auto". days after such date; E. Audio, Visual and Data Electronic Equip- b. Does not apply to "bodily injury" or ment "property damage" resulting from an " SECTION III - PHYSICAL DAMAGE COV- "accident" that occurredbefore you ERAGE, C. Limit of Insurance is amended acquiredcidedtor formed theeorganization; by adding the following: c. Does not apply to any newly acquired or formed organization that is a joint 4. The most we will pay for all "loss" to au- venture or partnership;and dio, visual or data electronic equipment and any accessories used with this d. Does not apply to an insured under equipment as a result of any one "acci- any other automobile liability policy or dent" is the lesser of would be an insured under such a policy but for the termination of such a. The actual cash value of the dam- policy or the exhaustion of such poli- aged or stolen property as of the time cy's limits of insurance. of the"accident"; 3. Any of your "employees" while using a b. The cost of repairing or replacing the covered "auto" in your business or your damaged or stolen property with oth- personal affairs, provided you do not own, er property of like kind and quality; or hire or borrow that"auto". c. $2,500. G. Liability Coverage Extensions - Supple- Provided the equipment, at the time of the mentary Payments-Higher Limits "loss" is: SECTION II - LIABILITY COVERAGE, A. a. Permanently installed in or upon the Coverage, 2. Coverage Extensions, a. Sup- covered "auto" in a housing, opening plementary Payments is amended by: or other location that is not normally 1. Replacing the $2,000 Limit of Insurance used by the "auto" manufacturer for for bail bonds with $4,000 in (2); and the installation of such equipment; b. Removable from a permanentlyin- 2. Replacing the $250 Limit of Insurance for reasonable expenses with $500 in (4). stalled housing unit as described in Paragraph 2.a. above; or H. Amended Fellow Employee Exclusion 1 c. An integral part of such equipment. SECTION II - LIABILITY COVERAGE, B. Ex- F. Who is an Insured-Amended clusions, 5. Fellow Employee is modified as follows: SECTION II - LIABILITY COVERAGE, A. Exclusion 5. Fellow Employee is deleted. Coverage, 1.Who is an Insured is amended by adding the following: I. Hired Auto-Physical Damage The following are"insureds": If hired "autos" are covered "autos"for Liability Coverage, then Comprehensive and Collision 1. Any subsidiary which is a legally incorpo- Physical Damage Coverages as provided un- rated entity of which you own a financial der SECTION III - PHYSICAL DAMAGE interest of more than 50% of the voting COVERAGE of this Coverage Part are ex- stock on the effective date of this cover- tended to "autos" you hire, subject to the fol- age form. lowing: However, the insurance afforded by this 1. The most we will pay for "loss" to any provision does not apply to any subsidiary hired "auto" is $50,000 or the actual cash that is an "insured" under any other au- value or cost to repair or replace, which- tomobile liability policy or would be an "in- ever is the least, minus a deductible. sured" under such policy but for termina- tion of such policy or the exhaustion of 2. The deductible will be equal to the largest such policy's limits of insurance. deductible applicable to any owned "auto" for that coverage, or$1,000, whichever is 2. Any organization that is newly acquired or less. formed by you and over which you main- tain majority ownership. The insurance 3. Hired Auto - Physical Damage coverage provided by this provision: is excess over any other collectible insur- ance. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 2 of 4 S 4. Subject to the above limit, deductible, and K. Transportation Expense- Higher Limits excess provisions we will provide cover SECTION III - PHYSICAL DAMAGE COV- age equal to the broadest coverage appli- COV- cable to any covered "auto" you own in- ERAGE, A. Coverage, 4. Coverage Exten- sured under this policy. sions is amended by replacing $20 per day with $50 per day, and $600 maximum with Coverage includes loss of use of that hired au- $1,500 maximum in Extension a. Transpor- to, provided it results from an "accident" for tation Expenses. which you are legally liable and as a result of which a monetary loss is sustained by the L. Airbag Coverage leasing or rental concern. The most we will SECTION III - PHYSICAL DAMAGE COV- pay for any one"accident"is$3,000. ERAGE, B. Exclusions, 3.a. is amended by If a limit for Hired Auto - Physical Damage is adding the following: shown in the Schedule, then that limit replac- However, the mechanical and electrical es, and is not added to, the $50,000 limit indi- breakdown portion of this exclusion does not cated above and the deductibles shown in the apply to the accidental discharge of an airbag. Schedule are applicable. This coverage for airbags is excess over any J. Rental Reimbursement other collectible insurance or warranty. SECTION III - PHYSICAL DAMAGE COV- M. Loan or Lease Gap Coverage ERAGE is amended by adding the following: 1. SECTION III - PHYSICAL DAMAGE 1. We will pay for rental reimbursement ex- COVERAGE, C. Limit of Insurance is penses incurred by you for the rental of deleted in its entirety and replaced by the an "auto" because of a "loss"to a covered following, but only for private passenger "auto". Payment applies in addition to the type "autos" with an original loan or lease, otherwise applicable amount of each cov- and only in the event of a "total loss" to erage you have on a covered "auto". No such a private passenger type "auto": deductible applies to this coverage. a. The most we will pay for"loss" in any 2. We will pay only for those expenses in- one"accident" is the greater of: curred during the policy period beginning (1) The amount due under the terms 24 hours after the "loss" and ending, re- of the lease or loan to which gardless of the policy's expiration, with your covered private passenger the lesser of the following number of type "auto" is subject, but will not days: include: a. The number of days reasonably re- (a) Overdue lease or loan pay- quired to repair the covered "auto". If ments; "loss" is caused by theft, this number of days is added to the number of (b) Financial penalties imposed days it takes to locate the covered under the lease due to high "auto" and return it to you; or mileage, excessive use or abnormal wear and tear; b. 30 days. (c) Security deposits not re- 3. Our payment is limited to the lesser of the funded by the lessor; following amounts: (d) Costs for extended warran- a. Necessary and actual expenses in- ties, Credit Life Insurance, curred; or Health, Accident or Disabil- b. $50 per day. ity Insurance purchased with the loan or lease; and 4. This coverage does not apply while there are spare or reserve "autos" available to (e) Carry-over balances from you for your operations. previous loans or leases, or 5. We will pay under this coverage only that (2) Actual cash value of the stolen amount of your rental reimbursement ex- or damaged property. penses which is not already provided for b. An adjustment for depreciation and under SECTION III - PHYSICAL DAM- physical condition will be made in de- AGE COVERAGE, A. Coverage, 4. termining actual cash value at the Coverage Extensions. time of"loss". Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 3 of 4 a 1 2. SECTION V - DEFINITIONS is amended P. Unintentional Failure to Disclose Hazards by adding the following, but only for the SECTION IV - BUSINESS AUTO purposes of this Loan or Lease Gap CONDI- Coverage: TIONS, B. General Conditions, 2. Conceal- ment, Misrepresentation or Fraud is "Total loss" means a "loss" in which the amended by adding the following: cost of repairs plus the salvage value ex- ceeds the actual cash value. However, if you unintentionally fail to disclose any hazards existing on the effective date of N. Glass Repair-Waiver of Deductible this Coverage Form, we will not deny cover- ageSECTION III - PHYSICAL DAMAGE COV- under this Coverage Form because of such failure. ERAGE, D.Deductible is amended by adding the following: Q. Mental Anguish Resulting from Bodily Inju- No deductible applies to glass damage if the ry glass is repaired in a manner acceptable to us SECTION V- DEFINITIONS, C. "Bodily inju- rather than replaced. ry" is deleted in its entirety and replaced by the following: O. Duties in the Event of an Accident, Claim, Suitor Loss-Amended "Bodily injury" means bodily injury, sickness or IV - BUSINESS AUTO CONDI- disease sustained by a person, including men- SECTIONtal anguish and death sustained by the same TIONS,A. Loss Conditions, 2. Duties in the person that results from such bodily injury, Event of Accident, Claim, Suit or Loss, a. is sickness or disease. "Bodily injury" does not amended by adding the following: include mental anguish or death that does not This condition applies only when the "acci- from bodily injury, sickness or disease. dent"or"loss" is known to: R. Coverage for Certain Operations in Con- 1. You, if you are an individual; nection with Railroads 2. A partner, if you are a partnership; With respect to the use of a covered "auto" in operations for or affecting a railroad: 3. An executive officer or insurance manag- er, if you are a corporation; or 1. SECTION V - DEFINITIONS, H. "Insured contract", 1.c. is deleted in its entirety and 4. A member or manager, if you are a lim- replaced by the following: ited liability company. c. An easement or license agreement; 2. SECTION V - DEFINITIONS, H. "Insured contract", 2.a. is deleted. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 4 of 4 E x THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPlus® BUSINESS AUTO XC+® (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. A. Blanket Waiver of Subrogation This provision does not apply unless the valid written contract has been: SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 5. Transfer of 1. Executed prior to the accident causing Rights of Recovery Against Others to Us is "bodily injury"or"property damage"; and amended by the addition of the following: 2. Is still in force at the time of the "accident" We waive any right of recovery we may have causing "bodily injury" or "property dam- against any person or organization because of age". payments we make for "bodily injury" or "property damage" arising out of the operation D. Employee Hired Auto of a covered "auto" when you have assumed 1. Changes in Liability Coverage liability for such "bodily injury" or "property damage" under an "insured contract", provid- The following is added to the SECTION II ed the "bodily injury" or"property damage" oc- - LIABILITY COVERAGE, A. Coverage, curs subsequent to the execution or the "in- 1.Who is an Insured: sured contract". An "employee" of yours is an "insured" B. Noncontributory Insurance while operating an "auto" hired or rented SECTION IV - BUSINESS AUTO CONDI- under a contracts" name,or with your agreementr inthat TIONS, B. General Conditions, 5. Other In- "employee's" your permission, while performing duties related to the surance c. is deleted in its entirety and re- conduct of your business. placed by the following: 2. Changes in General Conditions c. Regardless of the provisions of Par- agraph a. above, this Coverage SECTION IV - BUSINESS AUTO CON- Form's Liability Coverage is primary DITIONS, B. General Conditions, 5. and we will not seek contribution Other Insurance is deleted in its entirety from any other insurance for any Iia- and replaced by the following: bility assumed under an "insured contract" that requires liability to be b. For Hired Auto Physical Damage assumed on a primary noncontributo Coverage the following are deemed ry basis. to be covered "autos"you own: C. Additional Insured by Contract (1) Any covered "auto" you lease, hire, rent or borrow; and SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended (2) Any covered "auto" hired or to include as an insured any person or organi- rented by your"employee" under zation for whom you have agreed in a valid a contract in that individual "em written contract to provide insurance as af- ployee's" name, with your per- forded by this policy. mission, while performing duties related to the conduct of your This provision is limited to the scope of the business. valid written contract. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 1 of 4 4 • However, any "auto" that is leased, a. Is effective on the date of acquisition hired, rented or borrowed with a driver or formation, and is afforded for 180 is not a covered"auto". days after such date; E. Audio, Visual and Data Electronic Equip- b. Does not apply to "bodily injury" or ment "property damage" resulting from an " SECTION III - PHYSICAL DAMAGE COV- a " that occurredbefore you ERAGE, C. Limit of Insurance is amended acquiredcidedtor formed theeorganization; by adding the following: c. Does not apply to any newly acquired 4. The most we will payfor all "loss" to au- or formed organization that is a joint venture or partnership; and dio, visual or data electronic equipment and any accessories used with this d. Does not apply to an insured under equipment as a result of any one "acci- any other automobile liability policy or dent" is the lesser of would be an insured under such a policy but for the termination of such a. The actual cash value of the dam- policy or the exhaustion of such poli- aged or stolen property as of the time cy's limits of insurance. of the"accident"; b. The cost of repairing or replacing the 3. Any of your "employees" while using a P g p g covered "auto" in your business or your damaged or stolen property with oth- personal affairs, provided you do not own, er property of like kind and quality; or hire or borrow that"auto". c. $2,500. G. Liability Coverage Extensions - Supple- Provided the equipment,at the time of the mentary Payments-Higher Limits "loss" is: SECTION II - LIABILITY COVERAGE, A. a. Permanently installed in or upon the Coverage, 2. Coverage Extensions, a. Sup- covered "auto" in a housing, opening plementary Payments is amended by: or other location that is not normally 1. Replacing the $2,000 Limit of Insurance used by the "auto" manufacturer for for bail bonds with $4,000 in (2); and the installation of such equipment; b. Removable from a permanentlyin- 2. Replacing the $250 Limit of Insurance for reasonable expenses with $500 in (4). stalled housing unit as described in Paragraph 2.a. above; or H. Amended Fellow Employee Exclusion c. An integral part of such equipment. SECTION II - LIABILITY COVERAGE, B.F. Who is an Insured-Amended Ex- clusions, 5. Fellow Employee is modified as follows: SECTION II - LIABILITY COVERAGE, A. Exclusion 5. Fellow Employee is deleted. Coverage, 1.Who is an Insured is amended by adding the following: I. Hired Auto- Physical Damage The following are"insureds": If hired "autos" are covered "autos"for Liability Coverage, then Comprehensive and Collision 1. Any subsidiary which is a legally incorpo- Physical Damage Coverages as provided un- rated entity of which you own a financial der SECTION III - PHYSICAL DAMAGE interest of more than 50% of the voting COVERAGE of this Coverage Part are ex- stock on the effective date of this cover- tended to "autos" you hire, subject to the fol- age form. lowing: However, the insurance afforded by this 1. The most we will pay for "loss" to any provision does not apply to any subsidiary hired "auto" is $50,000 or the actual cash that is an "insured" under any other au- value or cost to repair or replace, which- tomobile liability policy or would be an "in- ever is the least, minus a deductible. sured" under such policy but for termina- tion of such policy or the exhaustion of 2. The deductible will be equal to the largest such policy's limits of insurance. deductible applicable to any owned "auto" for that coverage, or$1,000, whichever is 2. Any organization that is newly acquired or less. formed by you and over which you main- tain majority ownership. The insurance 3. Hired Auto - Physical Damage coverage provided by this provision: is excess over any other collectible insur- ance. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 2 of 4 I e y i r A 4. Subject to the above limit, deductible, and K. Transportation Expense- Higher Limits excess provisions we will provide cover SECTION III - PHYSICAL DAMAGE COV- age equal to the broadest coverage appli- cable to any covered "auto" you own in- ERAGE, A. Coverage, 4. Coverage Exten- sured under this policy. sions is amended by replacing $20 per day with $50 per day, and $600 maximum with Coverage includes loss of use of that hired au- $1,500 maximum in Extension a. Transpor- to, provided it results from an "accident" for tation Expenses. which you are legally liable and as a result of which a monetary loss is sustained by the L. Airbag Coverage leasing or rental concern. The most we will SECTION III - PHYSICAL DAMAGE COV- pay for any one "accident" is $3,000. ERAGE, B. Exclusions, 3.a. is amended by If a limit for Hired Auto - Physical Damage is adding the following: shown in the Schedule, then that limit replac- However, the mechanical and electrical es, and is not added to, the $50,000 limit indi- breakdown portion of this exclusion does not cated above and the deductibles shown in the apply to the accidental discharge of an airbag. Schedule are applicable. This coverage for airbags is excess over any J. Rental Reimbursement other collectible insurance or warranty. SECTION III - PHYSICAL DAMAGE COV- M. Loan or Lease Gap Coverage ERAGE is amended by adding the following: 1. SECTION III - PHYSICAL DAMAGE 1. We will pay for rental reimbursement ex- COVERAGE, C. Limit of Insurance is penses incurred by you for the rental of deleted in its entirety and replaced by the an "auto" because of a "loss"to a covered following, but only for private passenger "auto". Payment applies in addition to the type "autos"with an original loan or lease, otherwise applicable amount of each cov and only in the event of a "total loss" to erage you have on a covered "auto". No such a private passenger type "auto": deductible applies to this coverage. a. The most we will pay for"loss" in any 2. We will pay only for those expenses in one "accident" is the greater of: curred during the policy period beginning (1) The amount due under the terms 24 hours after the "loss" and ending, re- of the lease or loan to which gardless of the policy's expiration, with your covered private passenger the lesser of the following number of type "auto" is subject, but will not days: include: a. The number of days reasonably re- (a) Overdue lease or loan pay- quired to repair the covered "auto". If ments; "loss" is caused by theft, this number of days is added to the number of (b) Financial penalties imposed days it takes to locate the covered under the lease due to high "auto"and return it to you; or mileage, excessive use or b. 30 days. abnormal wear and tear; is limited to the lesser of the (c) Security deposits not re 3. Our payment funded by the lessor; following amounts: a. Necessaryand actual expenses in- (d) Costs for extended warran- pties, Credit Life Insurance, curred; or Health, Accident or Disabil- b. $50 per day. ity Insurance purchased with the loan or lease; and 4. This coverage does not apply while there are spare or reserve "autos" available to (e) Carry-over balances from you for your operations. previous loans or leases, or 5. We will pay under this coverage only that (2) Actual cash value of the stolen amount of your rental reimbursement ex or damaged property. penses which is not already provided for b. An adjustment for depreciation and under SECTION III - PHYSICAL DAM- physical condition will be made in de- AGE COVERAGE, A. Coverage, 4. termining actual cash value at the Coverage Extensions. time of"loss". Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 3 of 4 III w s r a 2. SECTION V - DEFINITIONS is amended P. Unintentional Failure to Disclose Hazards by adding the following, but only for the SECTION IV - BUSINESS AUTO purposes of this Loan or Lease Gap CONDI- Coverage: TIONS, B. General Conditions, 2. Conceal- ment, Misrepresentation or Fraud is "Total loss" means a "loss" in which the amended by adding the following: cost of repairs plus the salvage value ex- ceeds the actual cash value. However, if you unintentionally fail to disclose any hazards existing on the effective date of N. Glass Repair-Waiver of Deductible this Coverage Form, we will not deny cover- ageSECTION III - PHYSICAL DAMAGE COV- under this Coverage Form because of such failure. ERAGE, D. Deductible is amended by adding the following: Q. Mental Anguish Resulting from Bodily Inju- No deductible applies to glass damage if the ry glass is repaired in a manner acceptable to us SECTION V - DEFINITIONS, C. "Bodily inju- rather than replaced. ry" is deleted in its entirety and replaced by the following: O. Duties in the Event of an Accident, Claim, Suit or Loss-Amended "Bodily injury" means bodily injury,sickness or IV - BUSINESS AUTO CONDI- disease sustained by a person, including men- SECTIONtal anguish and death sustained by the same TIONS,A. Loss Conditions, 2. Duties in the person that results from such bodily injury, Event of Accident,Claim, Suitor Loss, a. is sickness or disease. "Bodily injury" does not amended by adding the following: include mental anguish or death that does not This condition applies only when the "acci- result from bodily injury, sickness or disease. dent"or"loss" is known to: R. Coverage for Certain Operations in Con- 1. You, if you are an individual; nection with Railroads 2. A partner, if you are a partnership; With respect to the use of a covered "auto" in operations for or affecting a railroad: 3. An executive officer or insurance manag- er, if you are a corporation; or 1. SECTION V - DEFINITIONS, H. "Insured contract", 1.c. is deleted in its entirety and 4. A member or manager, if you are a lim- replaced by the following: ited liability company. c. An easement or license agreement; 2. SECTION V - DEFINITIONS, H. "Insured contract", 2.a. is deleted. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 4 of 4 r a WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver of Subrogation If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights applies to any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver, but shall not be construed to be a waiver with respect to any other operations in which the Insured has no contractual interest. Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. This endorsement changes the policy to which it is attached and is effective on the date issued unless other- wise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01-24-2024 Policy No.EWC 067 59 69-01 Endorsement No. Insured TECHREMOVE LLC Insurance Company THE CINCINNATI CASUALTY COMPANY Premium $INCL Countersigned by WC 00 03 13 ©1983 National Council on Compensation Insurance. i .•or ii 6 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver of Subrogation If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights applies to any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver, but shall not be construed to be a waiver with respect to any other operations in which the Insured has no contractual interest. Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. This endorsement changes the policy to which it is attached and is effective on the date issued unless other- wise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01-24-2024 Policy No.EWC 067 59 69-01 Endorsement No. Insured TECHREMOVE LLC Insurance Company THE CINCINNATI CASUALTY COMPANY Premium $INCL Countersigned by WC 00 03 13 ©1983 National Council on Compensation Insurance. 1 ,r