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HomeMy WebLinkAbout162251 REDFLEX TRAFFIC SYSTEMS - INSURANCE CERTIFICATE (5)AC®R` CERTIFICATE OF LIABILITY INSURANCE OPID 16 DATE(MM/DD/YYYY) REDFL-1 1 03/05/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION California Insurance Center ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE AJG & Co Ins. Brokers of CA HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3697 Mt. Diablo Blvd., #300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lafayette CA 94549 Phone:925-299-1112 Fax:925-299-0328 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: AAUSAU UNDERWRITERS INS. CO. INSURER B: LIBERTY MUTUAL FIRE INS. CO. Redflex Traffic Systems, Inc. INSURER C: ENDURANCE AMERICAN SPECIALTY 23751 N. 23rd Avenue Ste 150 INSURERD: LIBERTY MUTUAL FIRE INS. CO. Phoenix AZ 85085-1854 INSURER E: TRAVELERS CASUALTY & SURETY CO 31194 COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R­AUDT LTR INSRE TYPE OF INSURANCE POLICY NUMBER DgTEYMM DD/YY EFFECTIVE EXPIRATION PDA EY(M/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 1XI OCCUR TBJZ91453980030 03/15/10 03/15/11 PREMISES(Eaoccurence) $1,000,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 X A.M. Best: A XV ISO FORM CG0001 X Per project/loc GENERAL AGGREGATE $2,000,000 GEN1 AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s2,000,000 POLICY JE� X LOC Emp Ben. 1,000,000 A AUTOMOBILE LIABILITY ANY AUTO ASJZ91453980020 03/15/10 03/15/11 COMBINED SINGLE LIMIT (Ea accident) $ 1 , 000 , 000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS ISO FORM CA0001 BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X A.M.Best A XV PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $19,000,000 B X I OCCUR F_ICLAIMSMADE TH2Z91453980040 03/15/10 03/15/11 AGGREGATE $ 19, 000, 000 $AM Best AXV $ DEDUCTIBLE X RETENTION $ 10, 000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WCJZ91453980010 AM BEST A XV 03/15/10 03/15/11 X TORY LIMITS ER E.L. EACH ACCIDENT $1 000 000 E.L. DISEASE - EA EMPLOYEE $ 1 , 000 , 000 E.L. DISEASE - POLICY LIMIT $ 1 , 000 , 000 OTHER C Errors & Omissions PPL10001967500 03/15/10 03/15/11 E&O $2,000,000 Cyberliability AM BEST A XV Retention $35,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Per LG32340907 The City of Fort Collins, CO, its officers, directors, agents, representatives and employees are named as Additional Insured as respects to General Liability. L:tKIIFIL:AIh HULUeR CANCELLATION CITFORT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Fort Collins IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 300 Laporte Ave. REPRESENTATIVES. Fort Collins CO 80521 AUTHORIZE RESEWTjyE Arr,tp l 9S /9nnimm rl,� Arnon enoo 1. "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state, municipality or political subdivision; or 2. Any "bodily injury" or "property damage" included within the "products -completed operations hazard", except when required by written contract or agreement initiated prior to loss; or 3. i°Bodily injury," "property damage" or "personal and advertising injury," unless negligently caused, in whole or in part, by you or those acting on your behalf. Item 15. - ADDITIONAL INSURED AND WAIVER OF SUBROGATION — LESSOR OF LEASED EQUIPMENT A. Section II - Who Is An Insured is amended to include as an additional insured any person or organization from whom you lease equipment when you and such person or organization have agreed in a written agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. There is no coverage for the additional insured for "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured. A person's or organization's status as an additional insured under this endorsement ends when the agreement with you for such leased equipment ends. B. Waiver of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. C. Other Insurance This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 16. - KNOWLEDGE OF OCCURRENCE Subparagraph 2.a., b. and c. of Condition 2. Section IV — Commercial General Liability Conditions are amended to add the following. As used in this paragraph, the word "you" refers to an "executive officer", partner, member or legal representative, and any other "employee" with insurance or risk management responsibilities. Item 17. - UNINTENTIONAL ERRORS AND OMISSIONS Paragraph 6. of Section IV — Commercial General Liability Conditions is amended to add the following: Any unintentional error or omission in the description of, or failure to completely describe, any premises or operations intended to be covered by this policy will not invalidate or affect coverage for those premises or operations. However, you must report such error or omission to us as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. LG 32 34 09 07 Page 7 of 8 Item 18. - BODILY INJURY REDEFINITION The definition of "bodily injury" in Section V - Definitions is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person. It includes death or mental anguish, which results at any time from such physical harm, physical sickness or physical disease. Mental anguish means any type of mental or emotional illness or distress. Item 19. - MOBILE EQUIPMENT REDEFINITION Paragraph 12. f.(1) (a), (b) and (c) of Section V — Definitions does not apply to self-propelled vehicles of less than 1000 pounds gross vehicle weight. Item 20. - SUPPLEMENTARY PAYMENTS Section I - Coverages, Supplementary Payments - Coverages A and B, item 1. b. and 1. d., respectively, are replaced with: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit" including substantiated loss of earnings up to $500 a day because of time off from work. Item 21. - LIBERALIZATION Section IV - Commercial General Liability Conditions is amended to add the following. 10. Liberalization If we adopt a change in our forms or rule which would broaden your coverage without an extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. This endorsement is executed by the WAUSAU UNDERWRITERS INSURANCE COMPANY Effective Date 03/15/10 Expiration Date 03/15/11 For attachment to Policy No. TBJZ91453980030 SECRET PRESIDENT Countersigned by Authorized Representative LG 32 34 09 07 Page 8 of 8 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AGUKU Zb (ZUU9/US) Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in the General Liability coverage part to the first Named Insured, the General Liability 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 Valuable Papers:Policy Number YU2L9L453980060(Co.D) Effective 3/15/10-11 Limit: $250,000 AM Best A XV Deductible: $5,000 Installation: Policy Number YU2L9L453980060(Co.D) Effective 3/15/10-11 Limit: $1,000,000 per occurrence AM Best A XV Deductible: $10,000 Third Party Fidelity: Travelers Insurance (Co.E): Policy Number 104861759 Effective 03/15/10 to 03/15/11 Limit: $500,000 per claim A.M. Best A+XV (Stop Gap coverage for WA & OH incl on general liability policy 1* Except 10 Days in the event of cancellation for non-payment of premium THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIBERTY DirectSolutions for Contractors (with Professional Liability) This endorsement modifiesinsurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement modifies insurance by broadening the insurance provided by CG 00 01. Index of modified items: Item 1— REASONABLE FORCE Item 2. - NON -OWNED WATERCRAFT EXTENSION Item 3. - ALIENATED PREMISES Item 4. - PROPERTY IN YOUR CARE, CUSTODY OR CONTROL Item 5. - CONTRACTORS PROFESSIONAL LIABILITY Item 6. - DAMAGE TO PREMISES RENTED TO YOU - EXPANDED COVERAGE Item 7. - BODILY INJURY TO CO -EMPLOYEES Item 8. - HEALTH CARE PROFESSIONALS AS INSUREDS Item 9. - NEWLY FORMED OR ACQUIRED ENTITIES Item 10. - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION —MANAGERS OR LESSORS OF PREMISES Item 11. - EXPANDED BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION (FOR INSTALLATION EXPOSURES) Item 12. - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION — PERSON OR ORGANIZATION Item 13. - ADDITIONAL INSURED — ARCHITECTS, ENGINEERS OR SURVEYORS Item 14. - ADDITIONAL INSURED — STATE, MUNICIPALITY OR POLITICAL SUBDIVISION - PERMITS Item 15. - ADDITIONAL INSURED AND WAIVER OF SUBROGATION — LESSOR OF LEASED.EQUIPMENT Item 16. - KNOWLEDGE OF OCCURRENCE Item 17. - UNINTENTIONAL ERRORS AND OMISSIONS Item 18. - BODILY INJURY REDEFINITION Item 19. - MOBILE EQUIPMENT REDEFINITION Item 20. - SUPPLEMENTARY PAYMENTS Item 21. - LIBERALIZATION These changes broaden the policy sections described unless differing language is separately endorsed to the coverage part. Item 1. - REASONABLE FORCE Exclusion a. of Coverage A is replaced by the following: a. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Item 2. - NON -OWNED WATERCRAFT EXTENSION Subparagraph g.(2) of Exclusion g. of Coverage A (Section I - Coverages) is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used for public transportation or as a common carrier. Item 3. - ALIENATED PREMISES Subparagraph j.(2) of Exclusions of Section I — Coverages — Bodily Injury And Property Damage Liability is replaced by the following. LG 32 34 09 07 Page 1 of 8 (2) Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises, and occurs from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. Item 4. - PROPERTY IN YOUR CARE, CUSTODY OR CONTROL I. Subparagraphs (3) and (4) of exclusion j. of coverage A. do not apply except to (a) borrowed equipment, or (b) "property damage" to property in your care, custody and control while in transit. This insurance does not apply to any portion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this policy. 2. Limits of Insurance Subject to Paragraphs 2., 3., and 5. of Section III — Limits Of Insurance, the most we will pay for insurance provided by paragraph L, above is: $10,000 Each Occurrence Limit $25,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a result of any one "occurrence" regardless of the number of persons or organizations who sustain damage because of that "occurrence." The Aggregate Limit is the most we will pay for the sum of all occurrences covered by this provision. Item 5. — CONTRACTORS PROFESSIONAL LIABILITY The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability and Paragraph 2., Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability: This insurance does not apply to 'bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or. failure to render any professional services by you, but only with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. Professional services include: 1. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and 2. Supervisory or inspection activities performed as part of any related architectural or engineering activities. This exclusion does not apply to your operations in connection with construction work performed by you or on your behalf. Item 6. - DAMAGE TO PREMISES RENTED TO YOU - EXPANDED COVERAGE A. Fire, Lightning Or Explosion Damage The last paragraph of 2. Exclusions under Section I — Coverage A is replaced by the following: Exclusions c. through n. do not apply to damage to premises rented to you or temporarily occupied by you with permission of the owner when the damage is caused by fire, lightning, or explosion or subsequent damages resulting from such fire, lightning or explosion, including water damage. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. B. Limits for Damage to Premises Rented to You Paragraph 6. of Section III — Limits of Insurance is replaced by the following. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for any combination of: LG 32 34 09 07 Page 2 of 8 (a) damage caused by fire, lightning, or explosion or subsequent damages resulting from such fire, lightning or explosion, including water damage to premises rented to you, or temporarily occupied by you with permission of the owner; and (b) "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. Item 7. - BODILY INJURY TO CO -EMPLOYEES 1. Subject to the Each Occurrence Limit and the General Aggregate Limit, Paragraphs 2.a.(1)(a), (b) and (c) of Section II — Who Is An Insured do not apply to your supervisory or management "employees" for "bodily injury" only. 2. Subject to the Each Occurrence Limit and the General Aggregate Limit, Paragraphs 2.a.(1)(a), (b) and (c) of Section II — Who Is An Insured do not apply to your "employees" or "volunteer workers" for "bodily injury" arising out of a Good Samaritan act to a co -"employee" or co -"volunteer worker." A Good Samaritan act means an attempt to rescue or aid a person in imminent or serious peril, provided the attempt is not recklessly made. Damages owed to an injured co -"employee" or "volunteer worker" will be reduced by any amount paid or available to the injured co -"employee" or "volunteer worker" under any other valid and collectible insurance. Item 8. - HEALTH CARE PROFESSIONALS AS INSUREDS Paragraph 2.a. (1) (d) of Section II — Who Is An Insured is deleted unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; or (ii) The "employee" has any other insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. Item 9. - NEWLY FORMED OR ACQUIRED ENTITIES Paragraph 3. of Section II — Who Is An Insured is replaced by the following: 3. Any organization, other than a joint venture, you newly acquire or form and over which you maintain majority ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. a. Coverage under this provision is afforded only until i. the 180th day after you acquire or form the organization; or ii. separate coverage is purchased for the organization; or iii. the end of the policy period, whichever is earlier. b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any past partnership, current or past joint venture or past limited liability company that is not shown as a Named Insured in the Declarations. Item 10. - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION —MANAGERS OR LESSORS OF PREMISES A. Section II — Who Is An Insured is amended to include as an insured any manager or lessor of premises leased by you in which the written lease agreement obligates you to procure additional insured coverage, provided that: 1. the "bodily injury", "property damage" or "personal and advertising injury" giving rise to liability occurs subsequent to the execution of the agreement; and 2. the written agreement is in effect at the time of the "bodily injury", "property damage", "personal and advertising injury" for which coverage is sought. That person or organization shall be referred to as the additional insured. LG 32 34 09 07 Page 3 of 8 The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent acts or omissions of you, your employees, your agents, or your subcontractors. There is no coverage for the additional insured for "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole negligence, then the coverage for the additional insured shall conform to that agreement; provided, however, that the contractual indemnification language of the agreement is valid under the law of the state where the agreement was formed. If the written agreement provides that a particular state's law will apply, then such provision will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. C. Exclusions This insurance does not apply to: 1. Any "occurrence" that takes place after you cease to be a tenant in that premises. 2. Any construction, renovation, demolition or installation operations performed by or on behalf of the Additional Insured. 3. Any premises for which coverage is excluded by endorsement. D. Other Insurance The insurance provided by this endorsement applies only to coverages and limits of insurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this policy. This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 11. - EXPANDED BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION (FOR INSTALLATION EXPOSURES) A. Section II - Who Is An Insured is amended to include as an insured any person or organization to whom you are obligated by a written agreement to procure additional insured coverage, provided that: 1. the "bodily injury," "property damage," or "personal and advertising injury" giving rise to liability occurs subsequent to the execution of the written agreement; and 2. the written agreement is in effect at the time of the "bodily injury," "property damage," or "personal and advertising injury" for which coverage is sought. That person or organization shall be referred to as the additional insured. The coverage afforded to the additional insured is limited to liability caused, in whole or in part, by the negligent acts or omissions of you, your employees, your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to "bodily injury," or "property damage," "personal and advertising injury" arising out of "your work" included in the "products -completed operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement, and then only for the period of time required by the written LG 32 34 09 07 Page 4 of 8 agreement and only for liability caused, in whole or in part, by the negligent acts or omissions of you, your employees, your agents, or your subcontractors. There is no coverage for the additional insured for "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole negligence, then the coverage for the additional insured shall conform to that agreement; provided, however, that the contractual indemnification language of the agreement is valid under the law of the state where the agreement was formed. If the written agreement provides that a particular state's law will apply, then such provision will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. C. Exclusions With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply: 1. to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. to "bodily injury" or "property damage" that occurs during the ongoing operations of a project where you have purchased an Owners & Contractors Protective Liability or Railroad Protective Liability Policy for the additional insured. 3. when coverage is available under a consolidated (wrap up) insurance program in which you are involved. D. Other Insurance The insurance provided by this endorsement applies only to coverages and limits of insurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this policy. This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless the written agreement with you requires that the insurance provided for the additional insured be primary concurrent or primary non-contributory, in comparison to the additional insured's own policy or policies. To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 12. - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION — PERSON OR ORGANIZATION A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization to whom you are obligated by a written agreement to procure additional insured coverage, 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: 1. In the performance of your ongoing operations; or 2. In connection with premises owned by you provided that: LG 32 34 09 07 Page 5 of 8 (a) the "bodily injury", "property damage" or "personal and advertising injury" giving rise to liability occurs subsequent to the execution of the agreement; and (b) the written agreement is in effect at the time of the "bodily injury", "property damage", "personal injury" or "advertising injury" for which coverage is sought. That person or organization shall be referred to as the additional insured. There is no coverage for the additional insured for "bodily injury", "property damage" or"personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole negligence, then the coverage for the additional insured shall conform to that agreement; provided, however, that the contractual indemnification language of the agreement is valid under the law of the state where the agreement was formed. If the written agreement provides that a particular state's law will apply, then such provision will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. C. Exclusions This insurance does not apply to: 1. . Any premises or equipment leased to you. 2. Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf. D. Other Insurance The insurance provided by this endorsement applies only to coverages and limits of insurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this policy. This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 13. - ADDITIONAL INSURED — ARCHITECTS, ENGINEERS OR SURVEYORS A. Section II — Who Is An Insured is amended to include as an additional insured any architect, engineer, or surveyor engaged by you 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: 1. In connection with your premises; or 2. In the performance of your ongoing operations. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion 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 by or for you, including 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field - orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. Item 14. - ADDITIONAL INSURED — STATE, MUNICIPALITY OR POLITICAL SUBDIVISION - PERMITS Section II — Who Is An Insured is amended to include as an additional insured any state, municipality or political subdivision with respect to any operations performed by you, or on your behalf, for which the state, municipality or political subdivision has issued a permit However, this insurance does not apply to: LG 32 34 09 07 Page 6 of 8