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PTS Contractors, Inc. Liability Ins.
),A Y�V PTSCONT-01 SINGHPD DATE(MMIDDNYYY) A CERTIFICATE OF LIABILITY INSURANCE 3/2912016 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($),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). coNTAOT PRODUCER NAME: Willis Towers Watson Certificate Center Willis of Wisconsin,Inc. PHONE (877 945-7378 AAIc,No):(888)467-2378 (AIC,No.Ex*1 c/o 26 Century Blvd .EaoD IL certificates@Willls.Com P.O.Box 305191 Nashville,TN 37230-5191 INSURER($)AFFORDING COVERAGE _NAIC# INSURER A:BITCO General insurance Corporation 20095 INSURED INSURERB:Hanover Insurance Company 22292 INSUR€R C: - PTS Contractors,Inc. 4075 Eaton Road INSURER D Green Bay,WI 54311 INSURER E:� — INSURER F COVERAGES CERTIFICATE NUMBER- REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD BR POLICY NUMSER RSM QD1YYYY Mh+fDLIGYEFF DNYYY LIMITS LTR TYPE OF INSURANCE IN50 VifVO 1,000,000 A X COMMERCIAL.GENERAL LIABILITY EACH OCCURRI=NCE $ CLP 3 623 138 07/1012015 07/1012016 RRFMIEs Ea�rrence $ 300,000 CLA+P1f5•hL4BE OCCUR X X MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 OWL AGGREGATE LIhdIT APPLIES PER: 2,000,000 PRODUCTS-COMPlOPAGG $ �Y-I PRO- n LOC S _ POLICY��PRC_ l� OTHER: CIMBINEDSINGLELIMIT S 1,000,000 AUTOMOBILE LIABILITY Ea accident )_- AUTOMOBILE CAP 3 623 139 07/10/2015 07/10/2016 BODILY INJURY(Per person) A X ANY AUTO BODILY INJURY(Per accident) S ALL OWNED SCHEDULED AUTOS AUT OwNl=O PROPERTYDAI'J�AGE S Per accident HIREPAUTOS AUTOS S X Uh1BRELLALIAB nXO�CO�UR : EACHOCCURRENCE $ 8,000,000 A EXCESS LIAR X CUP 2 805 529 07/10/2015 0711012016 ACGRECATE g $,000,000 DED X RETENTIONS 10,400 $ WORKERS COMPENSATION LN STATUTE ERH AND EMPLOYERS'LIABILITY C 3 623 137 0711012015 07/1012016 E.L.EACH ACCIDENT $ 100,000 A OFFICERIP EMBER EXCLUDED,ECU7NE YIN NIA 100,000 E.L.DISEASP.-EA EMPLOYE $ (Mandatory In NH) 500,000 ff es,describe under F.L.DISEASE.-POLICY LIMIT $DESCRIPTION OF OPERATIONS belay IH1 9191325 04 0711012015 07!1012016 See Attached B Builders Risk DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached It more space is required) Commercial General Liability Includes Utility Contractors Extended Liability Coverage Endorsement GL-3085 09 11 which provides contractors Automatic Additional Insured coverage-Ongoing and Completed Operations-Primary and Non-contributory when required by a written contract and Automatic Waiver of Subrogation when required by a written contract executed prior to loss. Business Auto policy includes Additional Insured Endorsement A2931 11 99 any person or organization agreed by the Named Insured by written Insured contract is an Additional Insured. SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE.DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Oshkosh 215 Church Avenue „ E� Oshkosh WI 54903.1130 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID;PTSCONT-01 SINGHPD LOC#: 1 ACaROO ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMEDINSURED Willis of Wisconsin,Inc. PTS Contractors,Inc. -- 4075 Eaton Road POLICY NUMBER Green Bay,WI 54311 EE PAGE 1 CARRIER MAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certiflcate ofLiability Insurance Description of OperationslLocationsNehicies: UmbrellalExcess Policy includes Changes-Other Insurance-Additional Insureds endorsement CUP 0316 01 11 -(Primary and Non-contributory Additional Insured when agreed in a written contract or written agreement executed prior to loss). Re: City Contract 16-05--Paving, Sidewalk, Driveway&Utilities/Second Local Street Concrete Program(Southside Area). City of Oshkosh; its officers,council members, agents,employees or authorized volunteers;AECOM Technical Services; CH21NI Hill Inc.; and consultants, architects,architect consultants,engineers,engineer consultants,contractors,and subcontractors are named as Additional Insureds on a Primary basis to the Commercial General Liability per attached GL-3085 0911 when required by written contract. Waiver of Subrogation in favor of the Additional Insureds applies to the Commercial General Liability per attached GL-3085 0911 when required by written contract. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDITIONAL COVERAGE SCHEDULE COVERAGE LIMITS POLICY TYPE: Builder's Risks Limit at any one location: $2,500,400 CARRIER: Hanover Insurance Company Limit per disaster: $2,504,400 POLICY TERM: 7/1012015—7110/2416 Transit Limit: $240,004 POLICY NUMBER: kH1 9191325-04 POLICY TYPE: Installation Floater Limit at any one location: $200,400 CARRIER: Hanover Insurance Company Limit per disaster: $440,000 POLICY TERM: 7110/2016—711 01201 6 Limit at temporary location: $200,000 POLICY NUMBER: IH1 9191325-04 Transit limit: $200,000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UTILITY CONTRACTORS EXTENDED LIABILITY COVERAGE This endorsement modifas insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FOPM It Is agreed that the provisions listed below apply onty upon the entry of an ff] in the box next to the caption of such provIslon. A. 0 Partnership and Joint Venture Extension M.Q Construction Project General Aggregate Limits B. FX-1 Contractors Automatic AddIlGrial Insured N. Q Fellow Employee Coverage Coverage—Ongoing Operations O.❑Property Damage to the Named insureds Work C. [ Automatic Welver of Subrogallan P. F-1 Care,Custody or Control D.Q Extended Notice of Cancellation,Nonrenewal O. Electronic Data Liability Coverage E. Q Untntentlonal Failure to Disclose Hazards R. Consolidated insurance Program Residual F. Q Broadened Mobile Equipment Liability Coverage G.0 Personal and Advertising Injury-Contractual S. XQ Automatic Additional Insureds—Managers or Coverage Lessors of Premises H. 0 Nonemploymeni Discrimination T. ®Automatic Addiltonal Insureds—State or Governmental Agency or Political L Q Liquor Liability Subdivisions--Pormits or Authorizations J. Q Broadened Conditions u. 0 Contractors Automatic Addillonal insured Coverage—Completed Operations K. Q Automatic Additional Insureds—Equlpmenl Leases V. ®Additional Insured—Englneors, Archltects or Surveyors L. 0 insured Contract Extension-Railroad Property and Construction Contracts A. PARTNERSHIP AND JOINTVENTURE EXTENSION The following provision is added to SECTION 11-WHO IS AN INSURED: The last full paragraph which reads as follows: No person or organization is an insured with respect to the conduct of any current or past partnership,joint venturo or limited liability company that is not shown as a Named Insured in the Declarations, Is deleted and replaced with the following.- With ollowing:With respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured to the Declarations and of which you are or were a partner or member,you are an Insured, but only with respect to liabltity,arising out of"your want`on behalf of any partnership or joint venture not shown as a Named Insured in the Deciaraiions, provided no other similar liability GL-3085(09111) A- insurance is available to you for'your work'In connectlon with your interest In such partnership or joint venture. 0, CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE—ONGOING OPERATIONS SECTION It—WHO IS AN INSURED is amended to include as an additional Insured any person or organization who Is required by written contract to be an additional Insured on your pollcy,but only with respect to liability,for'bodily injury','property damage'or'personal and adverilsing Injury'caused, In whole or In part,by. 1. Your acts or omissions;or 2. The acts or omisslons of those acting on your behalf; In the performance of your ongoing operations for the additional Insureds)at the project(s)designated In the written contract. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply; This insurance does not apply to'bodlly injury'or'property damage'occurring after; 1. All work,Including materials, parts or equipment furnished In connection with such work,on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insureds)at the location of the covered operations has been completed;or 2. That portion of'your work'out of which the Injury or damage arises has been put to Its Intanded use by any parson or organizatlon other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. This insurance Is excess of all other insurance available to the additional insured,whether primary, excess, contingent or on any other basis, unless the written contract requires this Insurance to be primary. In that event,this insurance will be primary relative to insurance pollcy(s)which designate the additional Insured as a Named Insured In the Declarations and we will not require contribution from such insurance if the written contract also requires that Ihls insurance be non-contributory. But with respect to all other Insurance under which the additional Insured qualifies as an Insured or additional Insured,this Insurance will be excess. C. AUTOMATIC WAIVER OF SUBROGATION Item S.of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS,Is deleted and replaced with the following: 8. Transfer of Rights of Recovery Against Others to Us and Automatic Waiver of Subrogation a. If the Insured has rights to recover all or part of any payment via have made under this Coverage Form,those rights are transferred to us. The insured must do nothing after loss to impair[hose rights. At our request,the Insured will bring'suit'or transfer those rights to us and help us enforce them. b. if required by a written contract executed prior io loss,we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of'your work'for that parson or organization, D. EXTENDED NOTICE OF CANCELLATION,NONRENEWAL Item A,2,b.of the COMMON POLICY CONDITIONS,Is deleted and replaced with the following; A.2.b, 60 days before the effective date of the cancellation if yre cancel for any other reason. GL-3085(09/11) -2- Item 9.of SECTION N-COMIMERCIAL GENERAL LIABILITY CONDITIONS,is deleted and replaced With the following: e. WHEN WE DO NOT RENEW a. If we choose to nonrenew this polloy,we will mail or deliver to the first Named Insured shown In the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our Intent to nonrenew as prescribed in a.above,it Is agreed that you may extend the period of ibis policy for a maximum additional srxty(60) days from Its scheduled expiration data. Where not otherwise prohibited by law, the existing terms, conditions and rates will remain In effect during that extension period. It is further agreed that so long as It Is not otherwise prohibited by law,this one time sixty day extension is the sole remedy and liquidated damages available to the Insured as a result of our failure to give the notice as proscribed in e.a,above. E. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representattons as to existing and past hazards,If unintentionally you should fall to disclose all such hazards at the Inception date of your policy,we w€II not deny coverage under this Coverage Form becauso of such failure, F. BROADENED MOBILE EQUIPMENT Item 12.b.of SECTION V-DEFINITIONS,Is deleted and replaced with the following: 12.b. Vehicles maintained for use solely on or next to premises, sites or locations you oven,rent or occupy. G. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL COVERAGE Exclusion 2.9.of SECTION f,COVERAGES Is deleted. H. NONEMPLOYMENT DISCRIMINATION Unless'personal and advertising Injury'is excluded from thfs policy: Item 14.of SECTION V-DEFINITIONS,is amended to Include; 'Personal and advertising Injury' also means embarrassment or humiliation, mental or emotional distress, physical Illness, physical impairment, loss of eamIng capacity or monetary loss,which Is caused by'discrim€nation' SECTION V-DEFINITIONS,Is amended to include: 'Discrimination'means the unlawful treatment of fndivlduals based on race,color,ethnic origin,age, gender or rellgfon. Item 2.Exclusions of SECTION I,COVERAGE 8,is amended to include: 'Personal and adverlising Injury' ar[sing out of'discrimination'directly or indirectly related io the past employment,employment or prospective employment of any person or lass of persons by any Insured; 'Personal and advertising injury' arising out of'discrimination"by or at your,your agents or your 'employees'direction or with your,your agents or your'employees'knowledge or consent; GL-3088(0911 fi -3- 'Personal and advortising Injury'arising out of'discrimination'directly or Indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-[ease of any dwellfng, permanent lodging or premises by or at iho direction of any Insured;or Fines,penalties,specific performance or Injunctions levied or imposed by a governmental entity,or governmental code,law,or statute because of'dfseriHnation," 1. LIQUOR LIABILRY Exclusion 2.c.of SECTION 1,COVERAGE A,is deleted. J, BROADENED CONDITIONS Items 2.a.and 2.1b,of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS,are deleted and replaced with the following; 2. Dulles In The Event Of Ooourrence,Offense,Claim Or Sull: @. You must see to it that we are notified of an'occurrence'or an offense which may tasult In a claim as soon as practicable after the 'occurrence' has boon reported to you, one of your officers or an'employee'designated to give notice to us. Notice should Include: (1) How,when and where the`occurrence"or oftense took place; (2) The names and addresses of any injured persons and witnesses;and (3) The nature and location of any injury or damage arising out of the "occurrence' or offense, b. If a claim Is made or'suft'Is brought against any Insured,you must: (1) Record the specifics of tiro claim or"suit'and the date received as soon as you,one of. your officers,or an'employee"designated to record such Information Is notified of it;and (2) Notify us In writing as soon as practicable after you, erre of your officers,your legal department or an'employee'you designate to give us such notice leams of the claims ar'suft' Item 2.e.Is added to SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: 2.e. If you report an'occurrence'to your workers compensatlon Insurer wh€ch develops into a liability claim for which coverage is provided by the Coverage Form,fallure to report such'occurrence'to us at the time of"occurrence'shall not be deemed In violation of paragraphs 2.a.,2.b.,and 2.0. However,you shall give written notice of this'occurrence'to us as soon as you are made aware of the fact that this 'occurrence' may be a liability claim rather than a workers compensation claim. K. AUTOMATIC ADDITIONAL INSUREDS-EQUIPMENT LEASES SECTION fl-WHO IS AN INSURED Is amended to Include any person or organization with whom you agree in a written equipment lease or rental agreement to name as an additional insured with respect to liability for'bodily Injury','property damage'or'personal and advertising Injury"caused,at least In part, by your maintenance, operation, or use by you of the equipment leased to you by such person or organization,subject to the following additional exclusions. The insurance provided to the additional insured does not apply to: 1. 'Bodliy Injury'or'property damage'occurring after you cease leasing the equipment, GL-3085(0911 1) -4- 2. "Bodily€njury'or'property damage"arising out of the sole negligence of the additional insured. 3. 'Property damage"to: a. Property owned,used or occupied by or rented to the additional Insured;or b. Property in the caro,custody or control of the additional insured or over which the additional Insured Is for any purpose exercising physical control. This Insurance is excess of all other insurance available to the additional Insured,whelhor primary, excass, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event,this Insurance will be primary relative to Insurance policy(s)which designate the additional Insured as a Named Insured in the de0i0taflenS and we will not require conir€butien from such insurance If the written contract also requires that this Insurance be non-contributory. But with respect to all other Insurance under which the additional insured qualffies as an Insured or additional Insured,this Insurance will be excess. L. INSURED CONTRACT EXTENSION-RAILROAD PROPE=RTY AND CONSTRUCTION CONTRACTS item 9.of SECTION V-DEFINMONS,is deleted and replaced with the following. D. 'insured Gontract'means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that Indemniflos any person or organization for damage by fire to premises while rented to you or temporarily oocupled by you with permission of the owner Is not an'insured contract'; b. A sidetrack agreement; e. Any easement or license agreement; d. An obligation,as required by ordinance,to Indemnify a municipality,except In connection with work for a municipality; e. An elevator malntenanco agreement; f, That part of any other contract or agreement pertaining to your business (including an fndamnificallon of a municipality in connection with work performed for a municipality)under which you assume the tort liability of another party to pay for'bodily Injury' or'property damage' to a third parson or organization. Tort liability means a liabllity that would be Imposed by law In the absence of any contract or agreement. Paragraph f.does not Include that part of any contract or agreement: (1) That Indomnlflas an architect,engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or falling to prepare or approve, maps, shop drawings, apinlons, reports, surveys, field orders, change orders or drawings and spoofcations;or (b) Giving directions or Instructions,or falling to give them,if that is the primary cause of the Injury or damage;or (2) Under which the Insured,if an architect,engineer or surveyor,assumes liability for an injury or damage arising out of iho Insured's rendering or fallure to render professional services,including those listed in(1)above and supervisory,inspection,architectural or ongineoring activities. GL-3085(09/11) -5- M. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMITS This modifies SECTION III-LIMITS OF INSURANCE, A. For all sums which can bo attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an'accurrenco'under SECTION I-COVERAGE A,and for all medical expenses caused by accidents under SECTION -COVERAGE C: 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that Ilm1t Is equal to the amount of the General Aggregate Limit shown In the Declarations. 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of 'bodily Injury" or 'property damage'included in the'producls-completed operations hazard,'and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or'suits'brought;or c. Persons or organizations making claims or bringing"sults.' 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Construction Project Genaral Aggregata Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown In the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown fn the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However,Instead of being subject to tho General Aggregate Limit shown In the Declaratfons,such limits will be subject to the applicable Construction Project General Aggregate Limit. B. For all sums which cannot be attributed only to ongoing operations at a single construction project for which the Insured becomes legally obligated to pay as damages caused by an 'occurrence' under SECTION I-COVERAGE A, and for all medical expenses caused by accidents under SECTION I-COVERAGE C. 1. Any payments made under COVERAGE Afar damages or under COVERAGE C for medfcal expenses shall reduce the amount avaflable under the General Aggregate Umlt or the Products-Completed Operations Aggregate Limit,whichever Is applicable;and 2, such payments shall not reduce any Construction Project General Aggregate Limit. C. Payments for damages because of'bodily injury'or'property damage'included in the'products- completed operations hazard'wiil reduce the Products-Completed operations Aggregate Limit, and not reduce the General Aggregate Llmlt nor the Construction Project General Aggregate Limit. 11. It a construction project has been abandoned,delayed,or abandoned and then restarted,or If the authorized contracting parties deviate from plans,blueprints,designs,specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of SECTION Ili - LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to be applicable. N, FELLOW EMPLOYEE COVERAGE GL-3085(09111) -6- Exclusion 2.e.Employers Liability of SECTION 1,COVERAGE A, is deleted and repfaced with the follovAng: 2.e. 'Bodily Injury°to (1) An'employee'of the Insured arlsfng out of and in the course of: (a) Employment by the Insured;or (b) Performing duties related to the conduct of the fnsureds business;of (2) The spouse,child,parent,brother or sister of that'ernployee'as a consequence of paragraph (1)above_ T h%exclusion applies: (1) Whether the Insured may be liable as an employer or in any other capacity;and (2) To any obligation to share damages with or repay someone else who must pay damages because of the Injury. This exclusion does not apply to: (1) Liability assumed by the Insured under an'insured contract;or (2) Liability arising from any action or omiss€on of a co-'employee"while that co-'employee'is either In the course of his or her employment or performing duties related to the conduct of your business. horn 2.a.(1)(a)of SECTION 11-WHO 1S AN INSURED,Is delated and replaced with the following: 2.a.(1)(a) To you,to your partners or members (If you are a partnership or joint venture)or to your members (if you are a limited liability company), or to your 'volunteer workers` while performing dut€es related to the conduct of your buslness. O, PROPERTY DAMAGt;TO THE NAMED INSURED'S WORK Exclusion I of SECTION I,COVERAGE A.Is deleted and replaced With the fallowing: 1. Damage to Your Work 'Property damage'to'your work`arising out of it or any part of It and included in the'products completed operation hazard! This exclusion applies only to that portion of any ions In excess of$541,000 per occurrence If the damaged work and the work out of which the damage arises was performed by you. Tbls exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. P. CARE,CUSTODY OR CONTROL Exclusion 2JA of SECTION I,COVERAGE A.Is deleted and replaced with the follow€ng: 2.1.4 Personal property In the care,custody or conirol of the Insured. however,for personal property In the care,custody or control of you or your'empfoyees,'this exclusion applies only to that portion of any loss in excess of$$25,000 per occurrenco,subject to the following terms and conditions; GL-3085(09111) 1 -7- (a) The most that we will pay under this provision as an annual aggregate is $100,000, regardless of the number of occurrences. (h) This provision does not apply to"employee'awned property or any property that Is missing where there is not physical evidence to show what happened to the property. (e) The aggregate limit for this coverage provision is part of the General Aggregate Limit and SECTION III-LIMITS OF INSURANCE is changed accordingly. (d) In the event of damage to or desiruclEon of property covered by ihfs exception,you shall,if requested by us,replace the property or furnish the labor and materials necessary for repairs thereto, at actual cost to you, exclusive of prospective proRt or overhead charges of any nature. (6) $2,500 shall be deducted from the total amount of all sums you became obligated to pay as damages on account of damage to or destruction of all property of each person or organization,including the loss of use of that property,as a result of each'occurrence.' Our limit of liability under the endorsement as being applicable to each 'occurrence' shall be reduced by the amount of the deductible indicated above; however, our aggregate limit of liability under this provision shall not be reduced by the amount of such deductlhle. The condlllons of the policy,Including those with respect to duties In the event of"occurrence,' claims or"suit"apply Irrespective of tha application of file doductlblo amount. We may pay any part or all of the deductible amount to effect settlement of any claim or"suit"and,upon notification of the action taken,you shall promptly reimburse us for such part of the deductible amount as has boon paid by us. 0. ELECTRONIC DATA LIABILITY COVERAGE 1. Excluslon 2.p.Electronic Data of SECTION 1,COVERAGE A,is deleted and replaced with the following: 2.p. Damages arising out of the loss of, loss of use of, damage to, corruption of, Inability to across,or Inability to manipulate"electronic data that does not result from physical injuryto tangible property. 2. The following definition is added to SECTION V—DEFINITIONS: `Electronic data means information,facts or programs stared as or on,created or used on,or transmitted to or from computer software(including systems and appfications software),hard or floppy disks, CD-RODS,tapes,delves,cells,data procassing devices or any other media which are used with electronically controlled equipment. 3. For the purposes of this coverage, the detinfiion of `property damage" In SECTION V — DEFINITIONS Is replaced by the following: -Property damage"means: a. Physical Injury to tangible property,Including all resulting loss of use of that property.All such loss of use shall be deemed to occur at the time of the physical Injury that caused It; b. Loss of use of tanglb]a property that is not physically injured.All such loss of use shall be deemed to occur at the time of the'occurrence"that caused if;or c. Loss of,loss of use of,damage to,corruption of,Inability to access,or Inability to properly manipulate'electronic data',resulting from physical injury to tangible property.AI I such loss of'electronic data"shall be doomed to occur at the time of the'occurrence'that caused it. For the purposes of this Insurance,'oloctronic data'Is not tangible property. GL-3085(091ti) 8- R. CONSOLIDATED INSURANCE PROGRAM RESIDUAL LIA8IL1TY COVERAGE With respect to'bodily injury",'Properly damage",or'personal and advertising Injury'arising out of your ongoing operations;or oparatlons Included within the"products-completed operations hazard',the policy to which this coverage is attached shall apply as excess Insurance over coverage available to`you" under a Consolidated Insurance Program (such as an Owner Controlled Insurance Program or Contractors Controlled Insurance Program). Coverage afforded by this endorsement Baas not apply to any Consolidated Insurance Program involving a 'residential project" or any deductible or Insured retention, specified in the Consolidated Insurance Program. The following is added to Section V—Definitions "Residential project means any protect where 30% or more of the total square foot area of tho structures on the project Is used or is intended to be used for human residency. This includes but Is not limited to single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments and appurtenant structures (Including pools, hot tubs, detached garages, quasi houses or any similar structures). A"residential project"does not Include military owned housing, collega/university ownad housing or dormitorles, long term care facilities, hotels,motels, hospitals or prisons. All other terms,provisions,exclusions and Ilmliations of this policy apply. S, AUTOMATIC ADDITIONAL INSUREDS-MANAGERS OR LESSORS OR PREMISES SECTION 11—WHO IS AN INSURED Is amended to Include: Any person or organization with whom you agree In a written contract or written agreement to name as an additional insured but only with respect to Nobility arising out of the ownership,maintenance or use of That part of the premises,designated In the written contract or wrllten agreement,that is leased to you and subject to the following additional exclusions: This Insurance does not apply to; 1. Any"occurrence"which takes place after you cease to be a tenant In that premises. 2. Structural alterations,new construction or demolition operations performed by or on behalf of the additional Insured listed in the written contract or written agreement. This Insurance Is excess of all other Insurance available to the additional insured,whether primary, excess, contingent or on any other basis, unless the written contract requires this Insurance to he primary. In that event,this insurance will be primary relative to insurance policy(s)which designate the additional Insured as a Named Insured in the Declarations and we will not require contribution from such Insurance If the written contract also requires that this insurance be non-contributory. But with respect to all other lnsurance under which the additional insured qualifies as an insured or additional Insured,this insurance will be excess. T. AUTOMATIC ADDITIONAL INSUREDS—STATE OR GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISIONS—PERMItS OR AUTHORIZATIONS SECTION II—WHO IS AN INSURED Is amended to Include any state or governmental agency or subdivision or political subdivision with whom you are required by written contract, ordinance,lave or building code to name as an additional insured subject to the following provisions: This Insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdMslon has issued a permit or authorization. GL-3085(09/t 1) g This insurance does not apply to: 1. 'Bodily Injury", property damage"or personal and advertising Injury"arising out of operations performed for the federal government,state or municipality;or 2, `Bodily Injury"or property damage'Included within the'products-compleiod operations hazard'. This Insurance is excess of all other Insurance available to the additional insured,whether primary, excess, contingent or on any other basis, unless the written contract requires this Insurance to be primary, In that event,this Insurance will be primary relative to Insurance policy(s)which designate the additonal Insured as a Named Insured In the Declarations and we will not require contribution from such insurance if the written contract also requires that this Insurance be non-contributory. But with respect to all other Insurance under which the additional Insured qualifies as an Insured or additional Insured,this insurance wi€f be excess. U. CONTRACTORS AUTOMATiC ADDITIONAL INSURED COVERAGE—COMPLETED OPERATIONS SECTION 11—WHO IS AN INSURED Is amended to Include as an additional insured any person or organization who Is required by written contract to be an additional Insured on your policy for completed operations,but only with respect to liability for'bodily injury'or'property damage'caused,in whole or in part,by'your work"at the project designated in the contract,performed for that additional insured and Included in the'produets-complated operations hazard'. This insurance Is excess of all other insurance available to the additional insured,whether primary, excess, contingent or on any other basis, unfess the written contract requires this Insurance to be primary. In that event,this Insurance will be primary relative to Insurance poilcy(s)which designate the additional insured as a Named Insured In the declarations and we will not require contribution Irorn such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional Insured qualffles as an Insured or additional Insured,this Insurance wilt be excess. V. ADDiTIONAL INSURED--ENGINEE=RS,ARCHITECTS OR SURVEYORS SECTION II--WHO IS AN INSURED is amended to include as an additional insured any architect, engineer or surveyor who is required by written contract to be an additional Insured on your policy,but only with respect to liability for'bodily Injury', "properly damage' or'personal and advertising injury` caused,in whole or in part,by: 1. Your acts or omissions;or 2. The acts or omfssfons of those acting on your behalf; In the performance of your ongoing operations performed by you or on your behalf. This Includes such architect,engineer or surveyor,who may not be engaged by you,but is contractually required to be added as an additional Insured to your poltoy. With respect to the insurance afforded to these additional Insureds,the following additional exchrsfon applies: This insurance does not apply to'bodily Injury',property damage'or"personal and advertising injury, arising out of the rendering of or the failure to render any professional services,Including: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys,change orders,designs or specifications,,or 2. Supervisory,Inspection ar engineering services. OL-3085(0911 t) -to- This Insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other bas's, unless the written contract requires this Insurance to be primary. In that event,this Insurance will be primary relative to Insurance Polley(s)which designate the additional insured as a Named Insured in the Declarations and we will not require contdbulion from such Insurance if the written contract also requires that this Insurance be non-contributory. But with respect to all other insurance under which the additional Insured qualities as an Insured or additional Insured,this Insurance w3I1 be excess. taL-3085(09tS1} -i 1- COMMERCIAL AUTO I THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. i ADDITIONAL INSURED- SPECIFIC ENTITIES This endorsement modffles Insurance provided under the following: i BUSINESS AUTO COVERAGE FORM WHO IS AN INSURED is changed to Include as an "insurad" the person or organization named in tills endorsement. However, the additional insured Is an `insured' only for "bodily injury"or "property damage" arising-out of work or operations performed by you or on your behalf for the additional Insured and resulting from the ownership,maintenance or use of a"covered auto,"by: 1. You,or 2, Any of your employees ofagents;or 3, Anyone other than the additional insured or any employee or agent of the additional insured,while using with your permission a covered"auto"you own,hire or borrow. ADDItIONAIL INSURED, Any person or organization for whom the named insured has agreed by written "insured contract" to designate as an additional insured subject to 'all the provisions and limitations of this policy. A-2931 (11199) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. CHANGES - OTHER INSURANCE -ADDITIONAL INSUREDS Item 10. Other Insurance under SECTION V—CONDITIONS, is deleted and replaced with the following: 10. OTHER INSURANCE a. This insurance is excess over any other valid and collectable insurance available whether primary, excess, contingent or on any other basis. The other insurance will be deemed valid and collectible regardless of any defense asserted by any insurer because of the Insured's failure to comply with the terms of that other insurance. This condition will not apply to make this coverage excess to: 1. Other insurance written specifically to be excess over this insurance; or 2. Other valid and collectable insurance available to any person or organization who qualifies as an insured pursuant to paragraph 4 of SECTION III -- WHO IS AN INSURED of this policy, but only if: (a) That insured is an additional insured on the"underlying insurance" (such insured shall also be considered an additional insured for this policy); and (b) The said additional insured is a Named Insured in the Declarations under such other valid and collectable insurance; and (c) You have agreed in a written contract or written agreement executed prior to any loss that this insurance will be primary, If this insurance is deemed to be primary on this basis, we agree to not seek contribution from such other insurance available to an additional insured only if you have agreed to the same in that written contract or written agreement. b, When this insurance is excess over other insurance we will pay only our share of any amount of"ultimate net loss,"if any,that exceeds the sum of: 1. The total amount that all such other insurance would pay for the loss in the absence of this insurance; and 2. The total of all deductible and self insured amounts under this or any other insurance. CUP 03 16 01 11