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Insurance Certificates 2019/20 Greater CV Chamber of CommerceACOKO CERTIFICATE OF LIABILITY INSURANCE o;09`20'°°IYY""' 19 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 rights to the certificate holder in lieu of such endorsements . PRODUCER CONTACT Paychex Insurance Agency Inc PAYCHEX INSURANCE AGENCY, INC. PHONE FAX 150 SAWGRASS DRIVE _-..(A/G.-NQ.-EXT)t 877-266-6850 AwCr .,585-389-7426 ROCHESTER; NY 14620 E-MAIL ADDRESS: CertsQpaychex.com INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: Sequoia Insurance Company 22985 GREATER COACHELLA VALLEY CHAMBER OF INSURER B: COMMERCE (NOT FOR PROFI 1258 SIXTH ST INSURER C: COACHELLA, CA 92236 INSURER D: 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. NSR TYPE OF INSURANCE R POLICY NUMBER POLICY EFF POLICY EXP LIMITS -TR INSIR WVD (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY [--]CLAIMSAAAt]FFY]CCUR $ DAMAGE TO RENTED MED EXP (Any one person) PERSONAL & ADV INJURY $ _ GENERAL AGGREGATE $ LAGGREGATE LIMIT APPLIES PER: POLICY = PROJECT= LOC PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALLOWNED SCHEDULED --! AUTOS AUUoTNNOpSS HIRED AUTOS AUTOSWNED (Ea accident) COMBINED SINGLE LIMIT-71 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accidenO $ PROPERTY DAMAGE (Per accident) II--YI $ $ UMBRELLA DAB OCCUR EACH OCCURRENCE $ EXCESS UAB n CLAIMS -MADE AGGREGATE $ S DIED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS'LIABLLITY QWC1083304 06/24/2019 06/24/2020 X WC STATU- OTH- $ 1,000,000.00 E.L. EACH ACCIDENT ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? S 1,000,000.00 E.L. DISEASE - EA EMPLOYEE E,L, DISEASE - POLICY LIMIT $ 1,000,000.00 (Mandatory In NH) rY N/A X If yes, describe under DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Waiver of Subrogation granted in favor of the certificate holder CERTIFICATE HOLDER CANCELLATION City of La Quinta 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 ACORD 25 (2016/03) ©1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER Of OUR RIGHT To RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA WC 04 03 06 (Ed. 04-84) We have the right To recover bur 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 applies only To the extent that you perform work under a written contract that requires you To obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration Of your employees While engaged In the work described In the Schedule. The additional premium For this endorsement shall be 5% Of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 6/24/2019 Policy No. QWC1083304 Endorsement No. 0 Insured Greater Coachella Valley Chamber of Commerce (Not for Profit) Premium $ 3,779 Insurance Company Sequoia Insurance Company Countersigned by WC 04 03 06 (Ed. 04-84) '`#CCWH CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) �� 07/19i2n 19 : 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Elisabeth T. Nidoy NAME: McClatchy Insurance Agency PHDNE {915] 488-4702 F.Ax (916) 488-2336 AfC F, No tt : pfC Ne : License #0724020 E-MAIL elisabeth@mcclatchyins.com ADDRESS- INSURER(S) AFFORDING COVERAGE NAIC # 2410 Fair Oaks Blvd, Suite 140 Sacramento CA 95825 INSURERA: Great American Insurance Co 16691 INSURED INSURERB: USLI 25895 Greater Coachella Valley Chamber of Commerce INSURER C : 82-921 Indio Blvd INSURER D: INSURER E 1 Indio CA 92201 INSURER F : COVERAGES CERTIFICATE NUMBER: CL197114929 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 CONTRACTOR 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 LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 2,000,000 ✓ CLAIMS -MADE Fx_] OCCUR PREMISES o.accunence $ 300.000 MED EXP (Any one person) S 10,000 PERSONAL & ADV INJURY S 2,000,000 A Y Y SPP1302733 07/01/2019 07/01/2020 GGEEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 4,000,000 POLICY 7PRO LOC JECT PRODUCTS - COMP/OP AGG S 4,000,000 S DTHER- AUTOMOBILE LIABILITY COMBINED SINGLE L1MFT Ea su7idant S 1.000,000 BODILY INJURY (Per person) S ANYAUTO A Ix OWNED SCHEDULED AUTOS ONLY AUTOS SPP1302733 07/01/2019 07/01/2020 BODILY INJURY (Per accident) S HIRED V NON -OWNED AUTOS ONLY /� AUTOS ONLY PROPERTY DAh1AGE Pa accidsn! S S X UMBRELLA LIAR OCCUR EACH OCCURRENCE S 1,000,000 A EXCESS LIAR CLAIMS -MADE SPP1302733 07/01/2019 07/01/2020 rAGGREGATE S 1,000,000 DED RETENTION S S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ NIA ���� �� * -\ PER OT H- STATUTE ER E L EACH ACCIDENT S E L DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under E L DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS below B Directors &Officers ND01570471B 06/24/2018 06/24/2021 General Aggregate Each Occurrence 2,000,000 2.000,000 J DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached it more space is required) RE: Additional Insured per written contract/agreement. The City of La Quinta and its officers and employees are included as additional insured with respects to General Liability, per terms and conditions of policy --AI Policy form BP 8 6 6 8 (Ed. 01/16) (P. 73 o f 91). Insurance is primary and non-contributory. Waiver of Subrogation applies on general liability. 6ANL,r_LLAI IUIV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of La Quinta ACCORDANCE WITH THE POLICY PROVISIONS. 78495 Calle Tampico AUTHORIZED REPRESENTATIVE La Quinta CA 92253,�: �{ f @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD * AO " 04/01/2019 " SPP 1302733 03 00 Great American Insurance Company of New York 'D/B` 488930 6. "Additional Insureds" When Required by Written Contract, Written Agreement or Permit a. The persons or organizations described in paragraphs b. through g. below are also insureds (and may also be referred to below as "additional insureds"), but only if: (1) either: (a) you have agreed, in a written contract to have such person or organization added a "additional insured" under this Policy; or (b) a permit issued to you by a state or political subdivision requires such person or organization to be added as an "additional insured" under this Policy; and (2) the "bodily injury," "property damage," or offense causing "personal and advertising injury" occurs subsequent to execution of the contract or agreement, or issuance of the permit. A person's or organization's status as an "additional insured" under paragraphs b. through g. ends at the earlier of: (1) the end of the minimum period of time required by the contract or permit, or (2) the expiration of the policy period of this Policy. No person or organization is an "additional insured" under paragraphs b. through g. if such person or organization is an insured by virtue of an endorsement issued by us and attached to this Coverage Form. b. Vendors (1) Subject to a., above, any person or organization that distributes or sells "your product" in the regular course of that person's or organization's business (referred to below as vendor) as,ar�"additional insured," but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, and only if this Coverage Form provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard." However: (a) the insurance afforded to such vendor only applies to the extent permitted by law; and (b) the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. (2) No vendor is an insured with respect to any: (a) "bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; Includes copyrighted material of Insurance Services Office, Inc., with its permission. BP 86 68 (Ed. 01/16) (Page 73 of 91) " AO ` 04/01/2019' SPP 1302733 03 00 Great American Insurance Company of New York "D/B" 488930 (b) express warranty unauthorized by you; (c) physical or chemical change in the product made intentionally by the vendor; (d) repackaging, except when "your product" is unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the product; (f) demonstration, installation, servicing or repair of "your product," except such operations performed at the vendor's premises in connection with the sale of the product; (g) product which, after distribution or sale by you, has been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "bodily injury" or "property damage" arising out of the sole negligence of: (i) the vendor for its own acts or omissions; or (h) the vendor's employees or anyone else acting on its behalf. However, paragraph (h) does not apply to: (i) the exceptions contained in subparagraphs (d) or (f); or (ii) such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (3) The coverage afforded for vendors under paragraph b. does not apply to any person or organization from whom you have acquired either such products, or any ingredient, part or container, entering into, accompanying or containing such products. c. Lessors of Equipment (1) Subject to a., above, any person or organization from whom you lease equipment is an "additional insured," but only with respect to liability arising out of your maintenance, operation or use of equipment you lease from that person or organization. However. (a) the insurance afforded to such additional insured only applies to the extent permitted by law; and (b) the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. (2) No such person or organization is an "additional insured" as respects any: Includes copyrighted material of Insurance Services Office, Inc., with its permission. BP 86 68 (Ed. 01/16) (Page 74 of 91) * AO * 04/01/2019 * SPP 1302733 03 00 Great American Insurance Company of New York *D/B* 488930 (a) "occurrence" which takes place before the equipment lease begins or after the equipment lease expires, or (b) "bodily injury," "property damage," or "personal and advertising injury" arising out of the sole negligence of such person(s) or organization(s). d. Lessors of Land or Premises (1) Subject to a., above, any person or organization from whom you lease land or premises is an "additional insured," but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. However: (a) the insurance afforded to such additional insured only applies to the extent permitted by law; and (b) the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. (2) No such person or organization is an "additional insured" as respects any: (a) "occurrence" that takes place before you lease that land or premises; or (b) "occurrence" that takes place after your lease ends; or (c) structural alteration, new construction or demolition operation performed by or on behalf of such person(s) or organization(s). e. Architects, Engineers or Surveyors (1) Subject to a., above, any person or organization you engage as an architect, engineer, or surveyor is an "additional insured," but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in party, by your acts or omissions or the acts or omissions of those acting on your behalf in connection with your premises or in the performance of your ongoing operations: However: (a) the insurance afforded to such additional insured only applies to the extent permitted by law; and (b) the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. f. Permits Or Authorizations Relating To Premises Issued By State Or Governmental Agency Or Subdivision Or Political Subdivision (1) Subject to a., above, any federal, state, or local government or governmental agency or subdivision or political subdivision that issues you a permit or authorization with respect to the following hazards in connection with premises you own, rent, or control and to which this insurance applies, is an "additional insured" as respects such activity(ies) at the premises: Includes copyrighted material of Insurance Services Office, Inc., with its permission. BP 86 68 (Ed. 01/16) (Page 75 of 91) * AO * 04/01/2019 * SPP 1302733 03 00 Great American Insurance Company of New York *D/B* 488930 (a) the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, decorations and similar exposures; (b) the construction, erection, or removal of elevators; or (c) the ownership, maintenance, or use of any elevators covered by this insurance. g. Any Other Party (1) Subject to a., above, any person or organization described neither: (a) as an insured in C.1. through C.S., nor (b) as an "additional insured" in b. through f. above, is an "additional insured," but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (i) in the performance of your ongoing operations; (ii) in connection with premises owned by or rented to you; or (iii) in connection with "your work" and included within the "products -completed operations hazard," But (iii) applies only if this Coverage Form provides coverage for "bodily injury" or "property damage" within the "products -completed operations hazard." However: (a) the insurance afforded to such "additional insured" only applies to the extent permitted by law; and (b) the insurance afforded to such "additional insured" will not be broader than that which you are required by the contract or agreement to provide for such "additional insured." No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. insureds; b. claims made or "suits" brought; or c. persons or organizations making claims or bringing "suits." 2. The most we will pay for the sum of all damages because of all: Includes copyrighted material of Insurance Services Office, Inc., with its permission. BP 86 68 (Ed. 01/16) (Page 76 of 91) * AO * 04/01/2019 * SPP 1302733 03 00 Great American Insurance Company of New York *D/B* 488930 a. "bodily injury," "property damage" and medical expenses arising out o'f any one "occurrence"; and b. "personal and advertising injury" sustained by any one person or organization; is the Liability and Medical Expenses limit shown in the Declarations. But the most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses limit shown in the Declarations. c. For all sums which the Insured becomes legally obligated to pay as damages caused by an "occurrence" under Coverage a, section 1. Business Liability, and for all medical expenses caused by accident under Coverage A, section 2. Medical Expenses, a separate Liability and Medical Expenses Limit of Insurance applies to each designated "location" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 3. The most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises while rented to you, or in the case of fire, lightning or explosion while rented to you or temporarily occupied by you with permission of the owner is the applicable Damage to Premises Rented to You limit shown for that premises in the Declarations. For a premises temporarily occupied by you, the applicable limit will be the highest Damage To Premises Rented To You limit shown in the Declarations. 4. Aggregate Limits The most we will pay for: a. all "bodily injury" and "property damage" that is included in the "products -completed operations hazard" is twice the Liability and Medical Expenses limit. b. all: (1) "bodily injury" and "property damage," except damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard"; (2) plus medical expenses; (3) plus all "personal and advertising injury" caused by offenses committed; is twice the Liability and Medical Expenses limit. Subject to paragraphs 4.a. or 4.b. above, whichever applies, the Damage To Premises Rented To You Limit is the most we will pay for damages because of "property damage" to any premises, while rented to you, or in the case of fire, while rented to you or temporarily occupied by you with permission of the owner. 5. How Limits Apply to "Additional Insured's" The most we will pay on behalf of any "additional insured" described in C.6., above, is the amount of insurance: a. required by contract or agreement; or Includes copyrighted material of Insurance Services Office, Inc., with its permission. BP 86 68 (Ed. 01/16) (Page 77 of 91) AO * 04/01/2019 * SPP 1302733 03 00 Great American Insurance Company of New York *D/B* 488930 b. available under the applicable Limits of Insurance shown in the Declarations whichever is less. Such amounts shall not increase the applicable Limits of Insurance shown in the Declarations. The Limits of Insurance of the PART TWO - SAFEPAKo LIABILITY COVERAGE FORM apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the Insured or of the Insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties in the Event of Occurrence, Offense, Claim or Suit a. You and any other involved insured must see to it that we are notified as soon as practicable of any "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) how, when and where the "occurrence" or offense 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. Failure of the insured to give first report of a claim to us shall not invalidate coverage under this Policy if the loss was inadvertently reported to another insurer. However, you shall report any such occurrence to us as soon as practicable once you become aware of such an error. b. If a claim is made or "suit" is brought against any insured, you must- (1) immediately record the specifics of the claim or "suit" and the date received; and (2) notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) authorize us to obtain records and other information; (3) cooperate with us in the investigation, or settlement of the claim or defense against the "suit"; and Includes copyrighted material of Insurance Services Office, Inc., with its permission. BP 86 68 (Ed. 01/16) (Page 78 of 91) * AO * 04/01/2019 * SPP 1302733 03 00 Great American Insurance Company of New York *D/B* 488930 (4) assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the Insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that Insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Knowledge of an "Occurrence," Offense, Claim or "Suit" Paragraphs a. and b. apply to any involved insured when the "occurrence," offense, claim or "suit" is known to: (1) that Insured, if the involved Insured is an individual; (2) any partner, if the involved Insured is a partnership; (3) any manager, if the involved Insured is a limited liability company; (4) any "executive officer," risk manager, or insurance manager, if the involved Insured is a corporation; (5) any trustee, if the involved Insured is a trust; or (6) any elected or appointed official, if the involved Insured is a governmental entity, or a subdivision or agency of a governmental entity. This paragraph e. applies separately to each involved insured 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and Limits of Insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability uninsured motorists, underinsured motorists, nofault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Policy a. to join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. to sue us on this Policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Policy or that are in excess of the applicable Limit of Insurance. An agreed settlement means a settlement and release of liability signed by us, the Insured and the claimant or the claimant's legal representative. Includes copyrighted material of Insurance Services Office, Inc., with its permission. BP 86 68 (Ed. 01/16) (Page 79 of 91) * AO * 04/01/2019 * SPP 1302733 03 00 Great American Insurance Company of New York *D/B* 488930 5. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Policy to the first Named Insured, this insurance applies: a. as if each named insured were the only named insured; and b. separately to each insured against whom claim is made or "suit" is brought. 6. Representations By accepting this Policy, you agree: a. the statements in the Declarations are accurate and complete; b. those statements are based upon representations you made to us; and c. we have issued this Policy in reliance upon your representations. If you unintentionally fail to disclose all hazards relating to the conduct of your business at the inception date of this Policy, we shall not deny coverage under this Policy because of such unintentional failure, but only if you promptly make full disclosure of all such hazards upon discovery of any such unintentional failure to disclose. 7. Other Insurance If there is other insurance covering the same loss or damage, we will pay as follows: a. Primary Insurance This insurance is primary except when b. below applies. If the other insurance is also primary, we will share with all that other insurance by the method described in paragraph c. below. b. Excess Insurance (1) This insurance is excess over: (a) any of the other insurance, whether primary, excess, contributory, non-contributory, contingent, or on any other basis; (i) that is Fire, Lightning, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) that is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (iii) that is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (iv) if the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to exclusion g. of PART TWO - SAFEPAK® LIABILITY COVERAGE FORM. Includes copyrighted material of Insurance Services Office, Inc., with its permission. BP 86 68 (Ed. 01/16) (Page 80 of 91) * AO * 04/01/2019 * SPP 1302733 03 00 Great American Insurance Company of New York *D/B* 488930 (v) that arises out of "property damage" to borrowed equipment or the use of an elevator, to the extent not subject to exclusion 1.k. of section B. Exclusion. (2) Any other insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an "additional insured"; or (3) (a) Any other insurance available to any person or organization that is an "additional insured" under this Policy. However, this insurance is primary if you have so agreed in a written contract, or if a written permit so requires. If the "additional insured's" other insurance is also primary, we will share with such other insurance by the method described in c. below; (b) If you have so agreed in a written contract, or if a written permit so requires, this nsurance is primary and non-contributory with the "additional insured's" own insurance. In that case, this insurance is primary and we will not seek contribution from that other insurance; (c) If (b) does not apply, and if a claim or "suit" we cover under this insurance may also be covered by other insurance available to an "additional insured," then that "additional insured" must also submit the claim or "suit" to the other insurer for defense and indemnity. Paragraphs (a) and (b) do not apply to other insurance to which an "additional insured" under this Policy has been added as an "additional insured." (4) When this insurance is excess, we will have no duty under this Policy to defend the Insured against any "suit" if any other insurer has a duty to defend the Insured against that "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the Insured's rights against all those other insurers. (5) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) the total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) the total of all deductible and self -insured amounts under all that other insurance. (6) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance Provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Policy. c. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable Limit of Insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable Limit of Insurance to the total applicable Limits of Insurance of all insurers. Includes copyrighted material of Insurance Services Office, Inc., with its permission. BP 86 68 (Ed. 01/16) (Page 81 of 91) " AO " 04/01/2019 " SPP 1302733 03 00 Great American Insurance Company of New York "D/B* 488930 8. Transfer of Rights of Recovery Against Others to Us a. Transfer of Rights of Recovery If the Insured has rights to recover all or part of any payment, including supplementary payments, we have made under this Policy, those rights are transferred to us. The Insured must do nothing after loss to impair them. At our request, the Insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expense Coverage. b. Waiver of Rights of Recovery (Waiver of Subrogation) If the Insured waives any right of recovery against any person or organization for all or part of any payment, including supplementary payments, we make under this Policy, we also waive that right, provided the Insured waives such right of recovery against such person or organization in a written contract or written permit executed before the "occurrence," "bodily injury," "property damage," offense, or "personal and advertising injury" that took place. F M EXPENSES DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purpose of this definition: a. notices that are published include material placed on the Internet or on similar electronic means of communication; and b. regarding web sites, only that part of a web site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Additional insured" means: a. when referring to an "additional insured" under this insurance: (1) a person or organization that is neither a named insured nor described in paragraphs 1. through 5. of Section C - WHO IS AN INSURED, but is an insured under this insurance only by virtue of: (a) paragraph 6. of Section C - WHO IS AN INSURED; or (b) an endorsement we issue. b. when referring to an "additional insured" under any other insurance, a person or organization that is, under that other insurance, neither a Named Insured nor within that Policy's general description of who is an insured, but is nevertheless protected under that Policy as an insured pursuant to a policy provision or endorsement describing an "additional insured." 3. "Auto" means: a. a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or Includes copyrighted material of Insurance Services Office, Inc., with its permission. BP 86 68 (Ed. 01/16) (Page 82 of 91) * AO * 04/01/2019 * SPP 1302733 03 00 Great American Insurance Company of New York *D/B* 488930 b. any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment." 4. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. 5. "Coverage territory" means: a. the United States of America (including its territories and possessions), Puerto Rico and Canada; b. international waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in paragraph a. above; c. all other parts of the world if the injury or damage arises out of: (1) goods or products made or sold by you in the territory described in paragraph a. above; or (2) the activities of a person whose home is in the territory described in paragraph a. above, but is away for a short time on your business; or (3) "personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication. provided the Insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in a. above or in a settlement we agree to. 6. "Employee" includes a "leased worker." "Employee" does not include a "temporary worker." 7. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by laws or any other similar governing document. 8. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 9. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. it incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. you have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the terms of the contract or agreement. 10. "Insured contract" means: a. a contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; Includes copyrighted material of Insurance Services Office, Inc., with its permission BP 86 68 (Ed. 01/16) (Page 83 of 91) * AO * 04/01/2019 * SPP 1302733 03 00 Great American Insurance Company of New York *D/B* 488930 b. a sidetrack agreement; c. any easement or license agreement, except in connection with construction or demolition operations or within 50 feet of a railroad; d. an obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. an elevator maintenance agreement; f. that part of any other contract or agreement pertaining to your business (including an indemnification 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 person or organization. Tort liability means a liability 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 indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; (2) that indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the Insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, or engineering activities. 11. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker." 12. "Loading or unloading" means the handling of property: a. after it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. while it is in or on an aircraft, watercraft or "auto"; or c. while it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 13. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: Includes copyrighted material of Insurance Services Office, Inc., with its permission. BP 86 68 (Ed. 01/16) (Page 84 of 91) * AO * 04/01/2019 * SPP 1302733 03 00 Great American Insurance Company of New York *D/B* 488930 a. bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. vehicles maintained for use solely on or next to premises you own or rent; c. vehicles that travel on crawler treads; d. vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) power cranes, shovels, loaders, diggers or drills; or (2) road construction or resurfacing equipment such as graders, scrapers or rollers; e. vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) cherry pickers and similar devices used to raise or lower workers; f. vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) equipment designed primarily for. (a) snow removal; (b) road maintenance, but not construction or resurfacing; or (c) street cleaning; (2) cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 14. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 15. "Personal and advertising injury" means injury, including consequential "bodily injury," arising out of one or more of the following offenses: a. false arrest, detention or imprisonment; Includes copyrighted material of Insurance Services Office, Inc., with its permission. BP 86 68 (Ed. 01/16) (Page 85 of 91) * AO * 04/01/2019 * SPP 1302733 03 00 Great American Insurance Company of New York *D/B* 488930 b. malicious prosecution; c. the wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. oral or written publication, in any manner, of material that violates a person's right of privacy. f. the use of another's advertising idea in your "advertisement"; or g. infringing upon another's copyright, trade dress or slogan in your "advertisement". 16. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 17. "Products -completed operations hazard": a. includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) products that are still in your physical possession; or (2) work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) when all of the work called for in your contract has been completed. (b) when all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) when that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of "your product" for consumption on premises you own or rent. b. Does not include "bodily injury" or "property damage" arising out of: (1) the transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) the existence of tools, uninstalled equipment or abandoned or unused materials; or Includes copyrighted material of Insurance Services Office, Inc., with its permission. BP 86 68 (Ed. 01/16) (Page 86 of 91) * AO * 04/01/2019 * SPP 1302733 03 00 Great American Insurance Company of New York *D/B* 488930 18. "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; or b. loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. For purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 19. "Suit" means a civil proceeding in which damages because of "bodily injury," "property damage," or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. an arbitration proceeding in which such damages are claimed and to which the Insured must submit or does submit with our consent; or b. any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with our consent. 20. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 21. "Volunteer worker" means a person who is not your "employee," and who donates his or her work, acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 22. "Your product" means a. means: (1) any goods or products, other than real property, manufactured, sold handled, distributed or disposed of by: (a) you; (b) others trading under your name; or (c) a person or organization whose business or assets you have acquired; and (2) containers (other than vehicles), materials, parts or furnished in connection with such goods or products. b. includes: (1) warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) the providing of or failure to provide warnings or instructions. Includes copyrighted material of Insurance Services Office, Inc., with its permission. BP 86 68 (Ed. 01/16) (Page 87 of 91) * AO * 04/01/2019 * SPP 1302733 03 00 Great American Insurance Company of New York *D/B* 488930 c. does not include vending machines or other property rented to or located for the use of others but not sold. 23. "Your work" means: a. means: (1) work or operations performed by you or on your behalf; and (2) materials, parts or equipment furnished in connection with such work or operations. b. includes: (1) warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) the providing of or failure to provide warnings or instructions. SAFEPAK® COMMON POLICY CONDITIONS All coverages of this Policy are subject to the following conditions. A. CANCELLATION 1. T Named Insured shown in the Declarations may cancel this Policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this Policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 5 days before the effective date of cancellation if any one of the following conditions exists at any building that is Covered Property in this Policy. (1) The building has been vacant or unoccupied 60 or more consecutive days. This does not apply to: (a) seasonal unoccupancy; or (b) buildings in the course of construction, renovation or addition. Buildings with 65% or more of the rental units or floor area vacant or unoccupied are considered unoccupied under this provision. (2) After damage by a covered cause of loss, permanent repairs to the building: (a) have not started, and (b) have not been contracted for within 30 days of initial payment of loss. (3) The building has: (a) an outstanding order to vacate; Includes copyrighted material of Insurance Services Office, Inc., with its permission. BP 86 68 (Ed. 01/16) (Page 88 of 91) * AO * 04/01/2019 * SPP 1302733 03 00 Great American Insurance Company of New York *D/B* 488930 (b) an outstanding demolition order; or (c) been declared unsafe by governmental authority. (4) Fixed and salvageable items have been or are being removed from the building and are not being replaced. This does not apply to such removal that is necessary or incidental to any renovation or remodeling. (5) Failure to: (a) furnish necessary heat, water, sewer service or electricity for 30 consecutive days or more, except during a period of seasonal unoccupancy; or (b) pay property taxes that are owing and have been outstanding for more than one year following the date due, except that this provision will not apply where you are in a bona fide dispute with the taxing authority regarding payment of such taxes. b. 10 days before the effective date of cancellation if we cancel for nonpayment of premium. c. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this Policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. CHANGES This Policy contains all the agreements between you and us concerning the insurance afforded. The f Named Insured shown in the Declarations is authorized to make changes in the terms of this Policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this Policy. C. CONCEALMENT, MISREPRESENTATION OR FRAUD This Policy is void in any case of fraud by you at any time as it relates to this Policy. It is also void if you or any other insured, at any time, intentionally conceal or misrepresent a material fact concerning: 1. this Policy; 2. the Covered Property; 3. your interest in the Covered Property; or Includes copyrighted material of Insurance Services Office, Inc., with its permission. BP 86 68 (Ed. 01/16) (Page 89 of 91) * AO * 04/01/2019 * SPP 1302733 03 00 Great American Insurance Company of New York *D/B* 488930 4. a claim under this Policy. D. EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as they relate to this Policy at any time during the policy period and up to three years afterward. E. INSPECTIONS AND SURVEYS We have the right but are not obligated to: 1. make inspections and surveys at any time; 2. give you reports on the conditions we find; and 3. recommend changes. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: 1. are safe or healthful; or 2. comply with laws, regulations, codes or standards. This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. F. INSURANCE UNDER TWO OR MORE COVERAGES If two or more of this Policy's coverages apply to the same loss or damage, we will not pay more than the actual amount of the loss or damage. G. LIBERALIZATION If we adopt any revision that would broaden the coverage under this Policy without additional premium within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this Policy. H. PREMIUMS 1. The first Named Insured shown in the Declarations: a. is responsible for the payment of all premiums; and b. will be the payee for any return premiums we pay. 2. The premium shown in the Declarations was computed based on rates in effect at the time the Policy was issued. On each renewal, continuation or anniversary of the effective date of this Policy, we will compute the premium in accordance with our rates and rules then in effect. 3. With our consent, you may continue this Policy in force by paying a continuation premium for each successive one-year period. The premium must be: a. paid to us prior to the anniversary date; and Includes copyrighted material of Insurance Services Office, Inc., with its permission. BP 86 68 (Ed. 01/16) (Page 90 of 91) * AO * 04/01/2019 * SPP 1302733 03 00 Great American Insurance Company of New York *D/B* 488930 b. determined in accordance with paragraph 2. above. Our forms then in effect will apply. If you do not pay the continuation premium, this Policy will expire on the -first anniversary date that we have not received the premium. 4. Undeclared exposures or change in your business operation, acquisition or use of locations may occur during the policy period that are not shown in the Declarations. If so, we may require an additional premium. That premium will be determined in accordance with our rates and rules then in effect. I. PREMIUM AUDIT 1. This Policy is subject to audit if a premium designated as an advance premium is shown in the Declarations. We will compute the final premium due when we determine your actual exposures. 2. Premium shown in this Policy as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the f Named Insured. 3. T Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. J. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this Policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Includes copyrighted material of Insurance Services Office, Inc., with its permission. BP 86 68 (Ed. 01/16) (Page 91 of 91)