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HomeMy WebLinkAbout284920 NEXANT INC - INSURANCE CERTIFICATEACORO® CERTIFICATE OF LIABILITY INSURANCE DATE IMM DD YY V) 8/7/2014 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns andconditionsof 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 CT NAME: Susan Stockdale Woodruff -Sawyer & CO. 50 California Street, Floor 12 San Francisco CA 94111 PHONE FAX, No 1,415-989-9923 -MAIL ADOREss INSURERS AFFORDING COVERAGE NAIC0 INSURER A:Federal Insurance Company 20981 INSURED NEXAINC-01 INSURER B: INSURER C.TravelerS Property Casualty Company 25674 Nexant, Inc. 101 Second Street, Suite 1000 San Francisco CA 94105 INSURER D: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 1515106047 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 LTR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDDIYYYY UNITS A GENERAL LIABILITY 35920727 1/1/2013 1/1/2014 EACH OCCURRENCE $1.000,000 X COMMERCIAL GENERAL LIABILITY AMA ET WED PREMISES Es occurrence $1,000,000 MED EXP(My one person) $10,000 CLAIMS -MADE OCCUR PERSONAL &ADV INJURY $1,000.000 X Wondwide _ $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: _GENERALAG_GREGA_TE PRODUCTS - COMF/O°AGG 1 $2.000,000 POLICY PRO LOC _ E A AUTOMOBILE LIABILITY 73564678 1/1/2013 111112014 Eetc,itlem 1000,000 BODILY INJURY (Par person) E ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (PerauAtlanO E X PROPERTY) DAMAGE E HIRED AUTOS x AVTOSWNED E X $100 HirComp X $250 HirCol A X UMBRELLA LIAB X OCCUR 79879772 11/1/2013 1/1/2014 EACH OCCURRENCE E1,000,000 AGGREGATE E1,000,000 EXCESS LIAB ClAIMB-MADE DIED RETENTION EO E C WORKERS COMPENSATION JUB258M1049 11/1/2013 1/1/2014 X WC STATU- OTH- AND EMPLOYERS' LIABILITY YINCRY ANY PROPRIETORIPARTNEWEXECUTIVE OFFICERIMEMBER EXCLUOED7 F NIA E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1.000,000 (Mandatory In NH) If yea, describe under E. L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below B Errors & Omissions 11/1/2013 1/1/2014 Info Tech & Internet $2,000,000 SIR Each Claim E300k r7� Prof Liability $2,000.000 Privacy & Security $2,000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Anson ACORD 101. Additional Remarks Schedule, if more Space is required) The City of Fort Collins included as GL Additional Insured, per form No. 80 02 2000 04 01 & AUTO Additional Insured, per form No. 16 02 0292 04 11. The City of Fort Collins Purchasing Division P.O. Box 580 Fort Collins CO 80522 ACORD 25 (2010/05) 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 R�EPRE,SENTATIVVEE _�/ ✓/wr The ACORD name and logo are registered marks of ACORD All riahts reserved. Nexant,Inc. Policy #35920727 em"I—B General Liability Supplementary b. release ataenments: Payments (continued) but oniv for bund anxmnls widen the available Linut tN Insurance. We do nut h;tvc lu funlish these bonds. C. rea..sunable expenses inclined by the insured it our request to assist us in the illyeiligatlon or defense of such ehtini or Nit, InCludinp aclunl foss of rvnings up to S 11)(10 a day because of tinx off from work. I. cn5l5 (axed ;Quint the insured in the soil, except any: 1. anurnep fees or litipltiuu expenses: ur J. other Ins,, cost or expense; in connection with any injunction or other cyuilnbir relief- F. prejudgment interest awarded against thr inwred on that earl of" a judg ictit we pay. If we make an uffcr to pav the applleahle Linuit 01 Insurance, we will not prey ;my prejudgment interest based on that period of finle atler the offer. F interest on the full auamnt of a judgnxut [flat accrues altet eulry of the judgment and Mon: we have paid, oftered to pav or depo.sacd ill court the putt of the judgment that in within the applicable Lingo 01 Insurance. Supplenientiry payments does not include any Gne or other penalty. 'Ihese payments will vol reduce the Linuis [ If Inainmce. Our obligation to make these puvnents ends when we h:i%c used up the applicable. l.iuut Of Insurunnce, .,.,. Coverage Territory :.._.. W ... . . ... ... This insuratce applies aamhere, provided the insureds responsibility to pay tLuntgv , w which this insurance applies. t.i &-termincd In a wit on the. merits hrouyht In the I Initcd Snics nl Amenca (inefuding its possessions and territories), Canada or pueno Rico, or in a settic:nient to which we agree. Who Is An Insured Sole Proprietorships If you ate an individual. you and your spou..s ae insureds; but gnu and yaar spouse uC insvrtrts I'll]. with respect w the conduct of a bltanleis of which you are the .sole owner. If sou die pers.tls ur urganiaahuus havuig proper tcmporary alshidy of your P10I)Mv are insvreds: but they are insureds only with respect to the nutinlcuance or use of such pnrywrty and only fur acts until pour legal representative has hveu appoiulcd:and your legal rcpresenl;tivcs atc insureds: hill they are insureds only with respect ut lieu duties as your lcg;d rcin'esentarycs. Such leg:d represemmme. will ;L sums your nghii sod duties under Ihis insurance. 1 raLinry IRruranca Fcxm a0-0?-20W (Rev 4-011 Confrarl Page 5 or 7' Who Is An Insured (continued) Partnerships Or Joint If you arc a partnership (including a limited liability partnership) or a joint venture, you Ventures are aninsured. Your members, your partners and their spouses are insureds; but they are insureds only with respect to the conduct of your business. Limited Liability Companies If you are a limited liability company, you are an insured. Your members and their spouses are insureds; but they are insureds only with respect to the conduct of your business. Your managers are insureds; but they are insureds only with respect to their duties as your managers. Other Organizations If you are an organization (including a professional corporation) other than a partner ship, joint venture or limited liability company, you are an insured. Your directors and officers are insureds; but they are insureds only with respect to their duties as your directors or officers. Your stockholders and their spouses are insureds; but they arc insureds only with respect to their liability as your stockholders. Employees Your employees are insureds; but they are insureds only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, no employee is an insured for: A. bodily injury, advertising injury or personal injury: 1, to you, to any of your directors, managers, members, officers or partners (whether or not an employee) or to any co -employee while such injured person is either in the course of his or her employment or while performing duties related to the conduct of your business; . 2. to the brother, child, parent, sister or spouse of such injured person as a consequence of any injury described in subparagraph A.1. above; or 3. for which there is any obligation to share damages with or repay someone else who must pay damages because of any injury described in subparagraphs A.1. or A.2. above. With respect to bodily injury only, this limitation does not apply to: • you or to your directors, managers, members, officers, partners or supervisors as insureds; or • your employees, as insureds, with respect to such damages caused by cardio-pulmonary resuscitation or first aid services administered by such an employee; or B. property damage to any property owned, occupied or used by you or by any of your directors, managers, members, officers or partners (whether or not an employee) or by any of your employees. This limitation does not apply to property damage to premises while rented to you or temporarily occupied by you with permission of the owner. Liability Insurance Form 80-02-2000(Rev. 4-01) Contract Page 6 0132 C muss Who Is An Insured (continued) Volunteers Real Estate Managers Permissive Users Of Mobile Equipment General Liability persons who atc rulunteer workers for vuu are insureds; but [hey are insureds only for acts within the scope of their activities for you and at your direction. Persons (o[her than vour employees) or organizations acting as your real estate managers arc insureds; bul they are insureds only with respect to their duties as your real estate ntunagers. Wilh respect In mobile equipment registered in your namie under a irxnur vehicle registration law: A persons driving such cquipmrnt on a public road with your permission are insureds; and It. persons oror; anizauuns responsible for [he conduct or such. persrmsdescribed in subparagraph A. above are imvreds; but they are hasvredv only with respect to the operalitim of the eyuipmcut and only it nu other msi muse of nhv kind is available to [hens. However, no person nr urgawyation i1 an inW red with respect to: hcrddy injury at ant. co -employee of the person driving the equipment; or property damage to any property owned ur occupied by or loaned or rented to You, or in your chaive or the charge of the employer ulany person who is an insured under this pnisision Vendors Persons; or organizations who :tic vcndurs of your products arc imvreds; but they arc insureds only with respect to their liability for damages for bodily injury or property damage resulting front the distribution or sale of your prnductc in the regular cnursc of their business and only it this insurmice applies to the products- ompleted operations hazard. However, no such person ur organ uzahtin is an imvrrd with respect toany: assumption of liahility by [hem in a contract or agreement. Thu litttiiatimt discs not apply to the liability fnr dantages for Middy injury nr property damage that such vemdut would have in the abscnec of such contract or agmcmcnr. represculnliun or wananty unauthorized by vuu: physical or chemical change in your products made intentionally by the vmudor; • repackaging. mules,, unpskcal solcv for the purpnso olinspection, denionstrtnion or testing, or the substiluliuu tit palls uudet iusouclum truni the ncmtdacturcr and then tcpaCkcd to the original osntaincc • Jailure to make such inspections, adluwmcnts, tcsis or servicing as the vendor has agreed to make or nnnually nndenakcs to make in the usual aiursc of business in connection with the distribmion or cdc tit ycarr prnductc; • denumstraliuu. iti5nillitdtill, servicing or repair operations, exeepl such operations perlormcd tit the vcndut'., p vou.%vr in connection with the sale tit your produrts; or • tit your products which, after distribution or s,lr by You, have. hero I:thelcd or relaheled or used as a coutamrr, inytedteni or part of any other Ching or suh.mancr by tar for the vendor. f raWhty insurance Form 80-0770rA1(Rev. 4-01) Contract Page 7 of 32 Who A An Insured Vendors Further, no pcnnn ururganization from whom you have acquired your products, or any container. (continued) ingredient of part entering into, accumpnnyine or contaminK, your products. is an insured under [his provision. Lessors Of Equipment persons or organizations from whom you (case equipment are insureds: but lhcv are insureds only with respect to the maintenance or use by you of such equipment and only if you are contractually obligated to provide them with such insurance as is afforded by this contract. However, no such person or organization is an inured with respect in any: • damages ;rising out of their sole negligence; or • occurrence Ihut occurs, or offense that is committed, after the equipment lease ends. Lessors Of Premises lVsims or orgamtations from whom you lease premises are insureds; but they are inarreds only with respect lit the ownership, maintenance or use of that particular part ul such premises leased to You and unly it you are contractually nhlig;ded to provide them with such insurdnce as ix afforded by this Contract. However. no .such person or organization is an insured with respect to any: • damages arising out of their sole negligence: • occurrence that occurs, or offense that is eurrmvued, after you erase to be a teetmu in the premises: or • structural alteration, new construction or demolition operations perfbrna:d by er un hchalf set Them. Subsidiary Or Newry If there is no other ntsurance availahle, the following orguuizations will qualify as named insureds: Acquired Or Formed Organizations a suhsidiltry organization of the tint named insured shfncn in the Declaration of which. at the hcginning of the policy pentad and at the time of loss, such first named insured contmL.. either directly or indirectly, more than fifty (Sfl) percent of the interests entitled it, vole gencrdly in the election of the governing hndy of such ur;tunuatioln or • a suhatdnary organization of the first narued insured shown in the Declarations them .such lint uamcd irtsored acquires or lbrms during the policy period, it at the time of )ass such first named trrsured controls, either directly or indirectly, more than fifty (50) percent of the interests entitled to vote generally in the election set the governing hndy of such orgauizatwn. Limitations On Who Is An A. Except to the extent provided under the Subsidiary ( tr Newly Acquired Or Formed Insured Organizations provision above, no person or -organization is an inured with n•spvct to The conduct of any perwn or ureauizatiun Ilia[ is not shown as it named insured in the Declaration'. If. No person or urganizauun is an insured wills respect to the: I_ ownership, maintenance or use of any a.ssels: or 2. conduct of ant; person or nrganntation whose assets, husiuess ur siremnintiow r abrhh, rnsurencp Form 8"P-2000(Rev 4.011 Cmlraci U crausm General Liability Who Is An Insured Limitations On Who Is An you acquire, either directly or indirectly, for any: Insured bodily injury or property damage that occurred; ur (continued) • advertising injuq or personal injury arising orn of an offense first conunuued; in whole or in part, before you, directly of indirectly, squired such assets, business or organization. Limits 61 Insurance I he Linars 01 Insurance slurwn in the Ileclaratiom and the rules helow fix the mos[ we will pay, regardless of the number Lit: • insureds; • claims nmde or suits brcu,ghl; or • liersons or urg:mizations making cluims or hnuging suits. Ibe Limits (IIInsurance apply separately at each consecutive annual period and to any rent:onmg period nl less than twelve (12) nx>ntha starting with the beginning ul the policy period,twwu in the Ucularatiuns, unless the Ixdicy period is extended after issuance for an additional period of less than twelve (12) months. In that rase, the additional period will he teemed part of the last preceding per od for purpovs of deternaning the Urrufs Of Insurance. Genera! Aggregate Limit Subject tLi the Bach ()ccurrcucc Lim t, the t ienerul Aggrefate I Snit is doe rn oat we will pay lior the• Null] of: • damages for hudily injury and property damage, except damages included in [he products -completed operations hazard; and • medical expenses. Products -Completed Subject ILi the Hach f lccurience Linut, the IYuducls-Completed Operniuns Aggregate Limit is the Operations Aggregate nwst we will Pay Fir the sum of damages for hud'dy injury and property damage included in the Limit products -completed operations hazard. Advertising Injury And 'ihe Advertising Injury And Personal Injury Aggregate Lurdt is the mu,,( we will pay for the suer t.l Personal Injury Aggregate damages lur advertising injury and personal injury. Limit Each Occurrence Limit 'tbv Such Occurrcuue Limit is [he must we will pay for the sum if • darnu,:r, for bodily injure' oral properly damage; oI d • medical expenses; arising out of any Line occurrence. An% amount paid for d:mugcs or medical expenses will reduce the anumni of the applicahlc aggregalc knot available for any other payment. I rabdify hrsurance Fwm 49&02.2000 (Rev 4 aft Cnnnaof Page 9 of g? COMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement modifies the Business Auto Coverage Form 1. EXTENDED CANCELLATION CONDITION Paragraph A.21. — CANCELLATION - of the COMMON POLICY CONDITIONS form IL 00 17 is deleted and replaced with the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. 2. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations As Insureds The Named Insured shown in the Declarations is amended to include: 1. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. 2. Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is an "insured" under any other automobile policy; (b) That has exhausted its Limit of Insurance under any other policy; or (c) 180 days or more after its acquisition or formation by you, unless you have given us written notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A. 1. — WHO IS AN INSURED — of SECTION 11—LIABILITY COVERAGE is amended to add the following: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A. 1. — WHO IS AN INSURED —of SECTION If —LIABILITY COVERAGE is amended to add the following: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor: and (2) The "auto" is leased without a driver. Such leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. However, the lessor is an "Insured" only for 'bodily injury" or "property damage" resulting from the acts or omissions by: 1. You; 2. Any of your "employees" or agents; or 3. Any person, except the lessor or any "employee" or agent of the lessor, operating an "auto" with the permission of any of 1. and/or 2. above. D. Persons And Organizations As Insureds Under A Written Insured Contract Paragraph A.1 — WHO IS AN INSURED —of SECTION 11—LIABILITY COVERAGE is amended to add the following: L Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed under an express provision in a written 'Insured contract", written agreement or a written permit issued to you by a governmental or public authority to add such person or organization to this policy as an 'Insured". However, such person or organization is an insured" only: Form: 16-02-0292 (Rev. 4-11) Page I of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" 3. 4. 5. (1) with respect to the operation, maintenance or use of a covered "auto"; and (2) for "bodily injury" or "property damage" caused by an "accident" which takes place after: (a) You executed the insured contract" or written agreement; or (b) The permit has been issued to you. FELLOW EMPLOYEE COVERAGE EXCLUSION B.S. - FELLOW EMPLOYEE - of SECTION II -LIABILITY COVERAGE does not apply. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a -TRANSPORTATION EXPENSES - of SECTION III --PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day for temporary transportation expense, subject to a maximum limit of $1,000. AUTO LOAN/LEASE GAP COVERAGE Paragraph A. 4. - COVERAGE EXTENSIONS - of SECTION W -PHYSICAL DAMAGE COVERAGE is amended to add the following: c. Unpaid Loan or Lease Amounts In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the loan or lease for a covered "auto" minus: 1. The amount paid under the Physical Damage Coverage Section of the policy; and 2. Any: a. Overdue loan/lease payments at the time of 9. the 'loss'; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor: d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. We will pay for any unpaid amount due on the loan or lease if caused by: 1. Other than Collision Coverage only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; 2. Specified Causes of Loss Coverage only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto"; or 3. Collision Coverage only if the Declarations indicate that Collision Coverage is provided for any covered "auto. 6. RENTAL AGENCY EXPENSE Paragraph A. 4. -COVERAGE EXTENSIONS -of 9. SECTION III -PHYSICAL DAMAGE COVERAGE is amended to add the following: d. Rental Expense We will pay the following expenses that you or any of your "employees" are legally obligated to pay because of a written contract or agreement entered into for use of a rental vehicle in the conduct of your business: MAXIMUM WE WILL PAY FOR ANY ONE CONTRACT OR AGREEMENT: 1. $2,500 for loss of income incurred by the rental agency during the period of time that vehicle is out of use because of actual damage to, or'loss" of, that vehicle, including income lost due to absence of that vehicle for use as a replacement; 2. $2,500 for decrease in trade-in value of the rental vehicle because of actual damage to that vehicle arising out of a covered 'loss"; and 3. $2,500 for administrative expenses incurred by the rental agency, as stated in the contract or agreement. 4. $7,500 maximum total amount for paragraphs 1., 2. and 3. combined. EXTRA EXPENSE -BROADENED COVERAGE Paragraph A.4. -COVERAGE EXTENSIONS -of SECTION III -PHYSICAL DAMAGE COVERAGE is amended to add the following: e. Recovery Expense We will pay for the expense of returning a stolen covered "auto"to you. AIRBAG COVERAGE Paragraph B.3.a. - EXCLUSIONS -of SECTION III -PHYSICAL DAMAGE COVERAGE does not apply to the accidental or unintended discharge of an airbag. Coverage is excess over any other collectible insurance or warranty specifically designed to provide this coverage. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT - BROADENED COVERAGE Paragraph C.2. -LIMIT OF INSURACE -of SECTION III - PHYSICAL DAMAGE, is deleted and replaced with the following: 2. $2,000 is the most we will pay for loss" in any one "accident" to all electronic equipment that reproduces. receives or transmits audio, visual or data signals which, at the time of loss", is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; b. Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or Form: 16-02-0292 (Rev. 4-11) Page 2 of 3 'Includes copyrighted material of Insurance Services Office, Inc. with its permission" c. An integral part of such equipment. 10. U ASS REPAIR —WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE —of SECTION III —PHYSICAL DAMAGE COVERAGE the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Paragraph D.- DEDUCTIBLE —of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: If this Coverage Form and any other Coverage Form or policy issued to you by us that is not an automobile policy or Coverage Form applies to the same "accident", the following applies: 1. If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Paragraph A.2.a. - DUTIES IN THE EVENT OF AN ACCIDENT, CLAIM, SUIT OR LOSS of SECTION IV - BUSINESS AUTO CONDITIONS is deleted and replaced with the following: a. In the event of "accident", claim, "suit" or loss", you must promptly notify us when the "accident" is known to: (1) You or your authorized representative, if you are an individual; (2) A partner, or any authorized representative, if you are a partnership: (3) A member, if you are a limited liability company; or (4) An executive officer, insurance manager, or authorized representative, if you are an organization other than a partnership or limited liability company. Knowledge of an "accident", claim, "suit" or 'loss" by other persons does not imply that the persons fisted above have such knowledge. Notice to us should include: (1) How, when and where the "accident" or loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons or witnesses. 13. WAIVER OF SUBROGATION Paragraph A.S. - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of SECTION IV —BUSINESS AUTO CONDITIONS is deleted and replaced with the following: 5. We will waive the right of recovery we would otherwise have against another person or organization for loss" to which this insurance applies, provided the "insured" has waived their rights of recovery against such person or organization under a contract or agreement that is entered into before such loss". To the extent that the insureds" rights to recover damages for all or part of any payment made under this insurance has not been waived, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or 'loss" to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph B.2. —CONCEALMENT MISREPRESENTATION or FRAUD of SECTION IV —BUSINESS AUTO CONDITIONS -is deleted and replaced with the following: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not void coverage under this Coverage Form because of such failure. 15. AUTOS RENTED BY EMPLOYEES Paragraph B.S. - OTHER INSURANCE of SECTION IV —BUSINESS AUTO CONDITIONS - is amended to add the following: e. Any "auto" hived or rented by your "employee' on your behalf and at your direction will be considered an "auto"you hive. If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employees"personal insurance. 16. HIRED AUTO —COVERAGE TERRITORY Paragraph 13.7.b.(5).(a) - POLICY PERIOD, COVERAGE TERRITORY of SECTION IV — BUSINESS AUTO CONDITIONS is deleted and replaced with the following: (a) A covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 45 days or less; and 17. RESULTANT MENTAL ANGUISH COVERAGE Paragraph C. of - SECTION V — DEFINITIONS is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death as a result of the "bodily injury" sustained by that person. Form: 16-02-0292 (Rev. 4-11) Page 3 of 3 'Includes copyrighted material of Insurance Services Office, Inc. with its permission"