Loading...
HomeMy WebLinkAbout565678 COLORADO MOISTURE CONTROL INC - INSURANCE CERTIFICATEANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- LOC JECT PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement CNA75079XX (10-16) Page 1 of 2 National Fire Insurance Insured Name: Colorado Moisture Control, Inc. Copyright CNA All Rights Reserved. Policy No: Effective Date: 6076559378 5/1/2020 Includes copyrighted material of Insurance Services Office, Inc., with its permission. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, 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: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or B. additional insured coverage with “arising out of” language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, 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; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: Primary and Noncontributory Insurance Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement CNA75079XX (10-16) Page 2 of 2 National Fire Insurance Insured Name: Colorado Moisture Control, Inc. Copyright CNA All Rights Reserved. Policy No: Effective Date: 6076559378 5/1/2020 Includes copyrighted material of Insurance Services Office, Inc., with its permission. With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. Colorado Moisture Control Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page <Current Page No> of <Total Pages> Insured Name: Colorado Moisture Control Policy No: Endorsement No: Effective Date: «6076559378 «5/1/2020 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorssseeemment with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured - Primary And Non-Contributory To Additional Insured’s Insuuurrraannccee 3. Bodily Injury – Expanded Definition 4. Broad Knowledge of Occurrence/ Notice of Occurrence 5. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product AndddYYYooouurrWWoorrkk 7. Contractual Liability - Railroads 8. Electronic Data Liability 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury – Exception for Reasssoonnnaabblle Force 11. General Aggregate Limits of Insurance – PeeerrPPrroojjecctt 12. In Rem Actions 13. Incidental Health Care Malpractice CCoovvveeerrraage 14. Joint Ventures/Partnership/Limiiittteeedd Liability CCommppaannniiieeesss 15. Legal Liability – Damage To PPrrreeemmiisseess/AAlliieennaatteeddPrreemmiiissseees / Property In The Named Insured’s Care, Custody or Control 16. Liquor Liability 17. Medical Payments 18. Non-owned AirrrcccrrraaffttCCoovveerraaagggee 19. Non-owned WWaatteeerrrcccrrraafftt 20. Personaalll AAnnddAddvveerrrtttiiisssiiinnnggIInnjjuurryy– DDiisscrimination or Humiliation 21. PerrrssoonnaallAAnnnd AAdveerrttiissiinnngggIIInnjjuurryy - Contractual Liability 22. Property Damaage - E evvaattoorrrss 23. SuupppplleemmmeeennntttaarryyPPaayymmeenntts 24. Uninteennttiiooonnnaaalll Failure TTo Disclose Hazards 25. Waiver offSSuubbbrrrooogggaaation – Blanket 26. Wraap--UUppEExteennnsion: OCIP CCIP, or Consolidated (Wrap-Up) Insurance Programs Colorado Moisture Control Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page <Current Page No> of <Total Pages> Insured Name: Colorado Moisture Control Policy No: Endorsement No: Effective Date: «6076559378 «5/1/2020 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paaragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coovvveeerraagge Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage;or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, includdiinngg the limits of iinnnssuurraannnccee,,thheeI will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreeeeeemmmeenntt;; orr surer (2) coverage broader than required by such contract or agreemmeenntt,,aand in no evveennttbroad by the applicable paragraph A. through H. below. Any coverage granted by this endorsement shall apply onllyy to the extentt permmiissssiibble by llaaaw. A. Controlling Interest rtthhhan that described Any person or organization with a controlling intereeesst iinnaNamedd Insured,butoonnllywithrespecttosuchpersonor organization’s liability for bodily injury, propertttyyddaammaggee or p rsonal aaannnddaaaddvertising injury arising out of: 1. such person or organization’s financial coonnttrrooll of a NameeddIInnnsssuurreedd;or 2. premises such person or organizattiioonnooowwwns, mmaaiinnntttaaaiiinnnssoorrcoonnttrroolllsswwwhile a Named Insured leases or occupies such premises; provided that the coverage grantteeedddbbyythisppaarraaggrraapph does nnnooottaapply to structural alterations, new construction or demolition operations performmeeddbbbyy,,onbbeehhaallffooff,,orffoorrsuucchhaaadditional insured. B. Co-owner of Insured Premiseess A co-owner of a premissseessccoo--oowneeedddbbyyaNamed Inssuured and covered under this insurance but only with respect to such co-owner’s llliiaabbiilliittyyffoorr bodilyy injur of such premises.. C. Lessor of Equuuiippmmmeennt , pprrooppeerrty damage or personal and advertising injury as co-owner Any persoonnororrggaanniizzzaattiiioonnffrroommwwhhoommmaNamed Insured leases equipment, but only with respect to liability for bodily injury, proppeerrttyydddaaammmaaggee or personal and advertising injury caused, in whole or in part, by the Named Insuurrreeedd’’ss maaiiinnttteeennaanccee,,oppeerraationn or use of such equipment, provided that the occurrence giving rise to such boodily injury, prrooperty ddaammaaagggeee or the offense giving rise to such personal and advertising injury takes place prior to ttthhheetteerrmmmiiinnaattiioonnofsuucchh lease. D. L ssor ooffLLLaand Any p rssoonnororrganization from whom a Named Insured leases land but only with respect to liability for bodily injury, proppeerrttyyyddaaamage or personal and advertising injury arising out of the ownership, maintenance or use of such land, pro ided that the occurrence giving rise to such bodily injury, property damage or the offense gving risseetosuchpersonal and advertising injury takes place prior to the termination of such lease. The coverage g anted by this paragraph does not apply to structural alterations, new construction or demolition operationnss performed by, on behalf of, or for such additional insured. E. Lesso of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor’s real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out Colorado Moisture Control Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page <Current Page No> of <Total Pages> Insured Name: Colorado Moisture Control Policy No: Endorsement No: Effective Date: «6076559378 «5/1/2020 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage gra ted by this paragraph does not apply to structural alterations, new construction or demolition operations ppeerrfforrmmeed by, on behalf of, or for such additional insured. F. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgageeee,,assignee or receiver’s liability for bodily injury, property damage or personal and advertising injury ariissiinnggo Insured’s ownership, maintenance, or use of a premises by a Named Insured. tofthhee Named The coverage granted by this paragraph does not apply to structural alterationss,, new constrruuccttiioonnnoorrddeemmoolliittiioon operations performed by, on behalf of, or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisionnnss–PPPeeerrmmiittss A state or governmental agency or subdivision or political subdivision ttthhhaatthaassiisssssuuueeeddappeerrmmiittoraauuutthhorization but only with respect to such state or governmental agency or subdivissiiiooonnoor politiiccaall subdi ision’s liability for bodily injury, property damage or personal and advertising injury arriissiinnggoouuttoof: 1. the following hazards in connection with premises a Nammeedd Insuured owns, r this insurance applies: nnttss,,oorrrccontrols and to which a. the existence, maintenance, repair, construccttiioonn,,eerreeccttiioonn,, or rremovall of advertising signs, awnings, canopies, cellar entrances, coal holes, drivveewwaaayyss,,mmaannhhoolleess,,maarquees,, hoistaway openings, sidewalk vaults, street banners, or decorations andddssiimillaarreexxxpppoossuurreess;;or b. the construction, erection, or removall of eelleevvaattoorrs; oorr c. the ownership, maintenance or uussseeeofaannyyeellleeevvvaaattoorrsscoovveerreeeddbytthis insurance; or 2. the permitted or authorized operaaatttiioonnssppeerrfffoormeeddbbyyyaNmed IInnnsured or on a Named Insured’s behalf. The coverage granted by thisspppaarraaggrraapphhddooeessnnot applyytttoo: a. Bodily injury, propeerrttyyddamage or personal aand aaadvertising injury arising out of operations performed forthestateorgovvernnmmeeennntttaaall aaggeennccyyoorrssuubbddiivviiissiioon or political subdivision; or b. Bodily injury oorr prrope ty dddaammmaaggee iinncclluuddeeddwwwiithin the products-completed operations hazard. With respect to thhiiss provisioon’s rreequiirreemmeenntttthhaatt additional insured status must be requested under a written contract or agreeeeemmeenntt,, the Ins rer will treat as a written contract any governmental permit that requires the Named Insureedd to aaaddddtthheegggooovveerrnnmmeenntttaal eennttiitty as an additional insured. H. Trade ShoowwEveennttLLLeeesssssooor 1. WitthhrreesspppeeeccctttttooaNammeedd Insureedds participation in a trade show event as an exhibitor, presenter or displayer, any personnooorroorrganniizzaattiiiooonnnwwwhhhom the Named Insured is required to include as an additional insured, but only with respecctt to such persoon or organization’s liability for bodily injury, property damage or personal and addvveerrttisinngg injury ccaauseeed by: a. thee Naamed IInnssuurred’s acts or omissions; or b thheeaccttssoorrooommmissionsofthoseactingontheNamed Insured’s behalf, in the perrffoorrmmmance of the Named Insured’s ongoing operations at the trade show event premises during the tradeessshhow event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the pproducts-completed operations hazard. 2. ADDITTTIIIOOONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED’S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: Colorado Moisture Control Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page <Current Page No> of <Total Pages> Insured Name: Colorado Moisture Control Policy No: Endorsement No: Effective Date: «6076559378 «5/1/2020 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insuuurreed's own insurance means insurance on which the additional insured is a named insured. Otherwise, and noootttwwwiiittthhssttaanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organiizzaattiioonniissexcess of any other insurance available to such person or organization. 3. BODILY INJURY – EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the followinggg:: Bodily injury means physical injury, sickness or disease sustained by a person, incluuddiinnggddeeaatthh,,huummiliation, shock, mental anguish or mental injury sustained by that person at any time which results aass a consequueennccee of the physica injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled DutiesinTheEventofOccurrrrrreenncee,,OOfffffeeennnssseee,,ClaimorSuuiit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer’’ss authorizeddrepprreesseentativeenot ceofanoccurrence, offense or claim only when the occurrence, offense or claim is known to a naattuurraal ppeerrson Named Insured,toa partner, executive officer, manager or member of a Naamed Insured,orranemppllooyye above to give such notice. B. NOTICE OF OCCURRENCE designated by any of the The Named Insured’s rights under this CovveraggeeP rtwillll not bbe prejudiced if the Named Insured fails to give the Insurer notice of an occurrence,offfeen e or claim and tthhaattffaaailurree is solely due to the Named Insured’s reasonable belief that the bodily injurryyy or prrooerrttyydammaaggee is nnoottccoovered under this Coverage Part. However, the Named Insured shall give writttteenn notice of ssuchh occcuurrrrenc Named Insured is aware that thiisssiinnssuurraanncceemayaappplyyttoosssuuuccchh o 5. BROAD NAMED INSURED , offense or claim to the Insurer as soon as the currence, offense or claim. WHO IS AN INSURED is ameennddeddttooodddeeelleetteeiittssPPaarraaggrraapphhh 3. in its entirety and replace it with the following: 3. Pursuant to the limitaattiioonnss describbeeddiinn Paragraphh 4 management contrrooll:: below, any organization in which a Named Insured has a. on the effeccttiivvee date of thhiiss C verageePPaarrtt;or b. by reassoon ooffaNamed Insured ccrreeaaatttiinng or acquiring the organization during the policy period, qualifieeess as a NmmeeddIInnnsssured, proovvided that there is no other similar liability insurance, whether primary, contrrriiibbbuuttoorryy,,eeexxxccceeessss, ccoonnttiinnngggeeennnttoorrrootherwise, which provides coverage to such organization, or which would have prrovidedd coveraagge but foorrthheeeexxhaustion of its limit, and without regard to whether its coverage is broader or narroowweerrthanttthhat pprroovviiddeddbbyyy this insurance. B t tthhiiss BROOAD NNAAMMEEDDIINSURED provision does not apply to: (a) any ppaarrttnnneeerrrssshhhiipp,, lliimmited liability company or joint venture; or (b) any oorgaanniizzaaatttiiiooon for which coverage is excluded by another endorsement attached to this Coverage Part. F r the ppuurrpo e of this provision, management control means: A. owninngg interests representing more than 50% of the voting, appointment or designation power for the seleection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. Colorado Moisture Control Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page <Current Page No> of <Total Pages> Insured Name: Colorado Moisture Control Policy No: Endorsement No: Effective Date: «6076559378 «5/1/2020 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control,,or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the daatteeooffmmaannaagggeeemmeenntt control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when tradinnggunddertheirownnammes or under such other trading names or doing-business-as names (dba) as any NameddInnssuurreedd should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT ANDDYYOOUURRWWOORRKK A. Under COVERAGES, Coverage A – Bodily Injury and Property Dammaaggee Liability,theparaggrraapphhhe Exclusions is amended to delete exclusions k. and I. and replace them wiitthhthheefffooollllloowwiiinnnggg:: This insurance does not apply to: k. Damage to Your Product titled Property damage to your product arising out of it, or annyyppaarrttofiteexxcceeeppt wwhheennccaauussseeddd by or resulting from: (1) fire; (2) smoke; (3) collapse; or (4) explosion. I. Damage to Your Work Property damage to your work aarriissing out o operations hazard. This exclusion does not applyy:: itt,,oranyparrtt of it and included in the products-completed (1) If the damaged w rkk,,oorrrtthhee work out of wwhhiicchh the damage arises, was performed on the Named Insured’s behaaalllffbbyyasuubbcccooonnnttrraaccttoorr;;or (2) If the causeeooofflloosssstothedammmaaggeed wwoorrkkaarriissesasaresultof: (a) fire; (b) smmookkee;; (cc)) colllapssee;;ooorr (d) exxppplllooossiion.. B. Theefffooollllllooowwiinnggpaarragraph issaadddddeeed to LIMITS OF INSURANCE: Subbjjeeccttttoo 5 above, $110000,,0000 is the most the Insurer will pay under Coverage A for the sum of damages arising out offanyoonnee occurrence because of property damage to your product and your work that is caused by fire, smoke, ccoollllaapppssseeeoreexxplosion and is included within the product-completed operations hazard. This sublimit does not apply to p operty damage to your work if the damaged work, or the work out of which the damage arises, wwaas peerrffooorrrmed on the Named Insured’s behalf by a subcontractor. C. This Broaaddened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an eennddoorrssseeemment of the same name is attached to this policy. 7. CONNTTRRAACCTTTUAL LIABILITY – RAILROADS With resspect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Colorado Moisture Control Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page <Current Page No> of <Total Pages> Insured Name: Colorado Moisture Control Policy No: Endorsement No: Effective Date: «6076559378 «5/1/2020 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that innnddemnifies any person or organization for damage by fire to premises while rented to a Named Insured or t occupied by a Named Insured with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; mporarily d. An obligation, as required by ordinance, to indemnify a municipality, except in coonnnneeccttiioonn municipality; e. An elevator maintenance agreement; with woorrkk for a f. That part of any other contract or agreement pertaining to the Nameddd Insured’s bbuusinessss(incclluuddiinng an indemnification of a municipality in connection with work performed for a munic pality))uunnddeerr whicchhthee Named Insured assumes the tort liability of another party to pay for bodily injjjuuurry or prrooppeerttyy damage toathirdperson or organization. Tort liability means a liability that would be imposeeed by lawwintheabssence of an agreement. Paragraph f. doesnotincludethatpartofanycontractoragreeemmeenntt:: (1) That indemnifies an architect, engineer or surveyor forriinnjjuurryyorddaammaaaggeeaaarrriiisssiiinnnggoutooff:: contract or (a) Preparing, approving or failing to prepare or approve maps, shhoop drawiinnggss,, opinions, reports, surveys, field orders, change orders or drawings and ssppeeccciiifffiiicccaaattiioonnss;;or (b) Giving directions or instructions, or faaaiiillliiinnngg to give tth damage; m, iiffthhaattiisstthhe primary cause of the injury or (2) Under which the Insured,ifanarcchhhiiitteect,,enggiinneeeer or suurrvveeyyyoor,,aassumes liability for an injury or damage arising out of the insured's rendeerriinnggorffailuurreettooren er prrooffeessssssional services, including those listed in (1) above and supervisory, inspectttiiiooonn,,aarrcchhiitteeccttuural or eennngggiiinnneeeeerriinng activities. 8. ELECTRONIC DATA LIABILITY A. Under COVERAGES, Coveerraaggeee A – Bodily IInnjjuurryy and Property Damage Liability, the paragraph entitled Exclusions is amended tooddeleetteeeeexxxcclluussiioonn p. EElleeccttrroonniicc Data and replace it with the following: This insurance does nnnooottaappppllyyttoo: p. Access Or DiiissscclloossuurreeOfCCoonnffideennttiiaallOrPPersonal Information And Data-related Liability Damages aarriisssiinng oouuttooff:: (1) any aaccceesssstooordddiisscclloossuurreeofaaannnyy person’s or organization’s confidential or personal information, including paatteenntttsss,,tttrrraaaddeesseeccrreeetttsss, processing methods, customer lists, financial information, credit card informmaattiioon hheeaalltthh iiinnnfffooorrmmaaatttiiiooon or any other type of nonpublic information; or (2) the lloossssoof,,lloosss of uusseeeooofff, damage to, corruption of, inability to access, or inability to manipulate electroonnic data tthattdddoes not result from physical injury to tangible property. Howeevveerr,,uunnlleessssPPaarraagraph (1) above applies, this exclusion does not apply to damages because of bodily injuurryy. This excclluussiiooonnnaapplies even if damages are claimed for notification costs, credit monitoring expenses, forensic exppeenses,,ppuuublic relation expenses or any other loss, cost or expense incurred by the Named Insured or otherrss arising out of that which is described in Paragraph (1) or (2) above. B The ffoolllloowwwiiinng paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of anyyyoneoccurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C. The following definition is added to DEFINITIONS: Colorado Moisture Control Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page <Current Page No> of <Total Pages> Insured Name: Colorado Moisture Control Policy No: Endorsement No: Effective Date: «6076559378 «5/1/2020 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 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 eeqqquuipment. D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, thhheeddeeffiinniittiioon of property damage in DEFINITIONS is replaced by the following: Property damage means: a. Physical injury to tangible property, including all resulting loss of use of that property.. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of uuusseesshhaallll bbe deemmeed to occur at the time of the occurrence that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to accessss,,oorriinnaabbiilliittyyttoopprrooppeeerrllyymmaaannnipulate electronic data, resulting from physical injury to tangible property. Allll succhhlloossssofelectroniccdataa shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance, electronic data is not tangibleepprrrooopppeeerrrtttyy.. E. If Electronic Data Liability is provided at a higher limit by anootthheerrenddorrsseemment attaacchheeeddttoo this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABBIILLIITTYY Proviission is paarrtto,andd not in addition to, that higher limit. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSEEES The estates, heirs, legal representatives and spouseesss of any nnaattural peerrssoonn Insured shall also be insured under this policy; provided, however, coverage is afforded toossuucchheesstaatteess,,hheiirrss,, legal reep esentatives, and spouses only for claims arising solely out of their capacity or staattuussassuchaanndd,,inntthhheeccaasseeoof a spouse, where such claim seeks damages from marital community propertyy,, jjjoointlyyhellddpprrrooppeerrtyyoor prooppeeerrrty transferred from such natural person Insured to such spouse. No coverageee is pro ideeddffoorraany aacctt,,eerrrrrror or omission of an estate, heir, legal representative, or spouse outside the ssccope of such peerrssoonnn''s caappaaccity or status as such, provided however that the spouse of a natural person Named Innsured and the spouusseess of mmeembers or partners of joint venture or partnership Named Insureds are Insureds wiitthhrrreessppeeccttttoossuucchh spousess’’ accttts, errors or omissions in the conduct of the Named Insured’s business. 10. EXPECTED OR INTENDED IIINNNJJUURYY–EEEXXCCEEPPTTIIOONNFFOORRRREASONABLE FORCE Under COVERAGES, CCovveerraaggee A – BBooddiillyy Injurryy and Property Damage Liability, the paragraph entitled Exclusions is amenddeedd following: ttoo deleette tthhee exxcclluussiioonn entitled Expected or Intended Injury and replace it with the This insurance ddoessnnoottaaappppllyytttoo:: Expected or IIInnnttteeennndddeed IInnjjuurrryyy Bodily injury or prrooppert damaaggee expected or intended from the standpoint of the Insured. This exclusion does not applyyttoo bodily injuurryy oorr proppeerrttyyy dddamage resulting from the use of reasonable force to protect persons or property. 11. GENERRAALLAAAGGGGGGRRREEGGAATTEELLIIMMITS OF INSURANCE - PER PROJECT A. For eacchhcoonnssttrruction pproject away from premises the Named Insured owns or rents, a separate Construction Project Geenneerraaalll Aggrrreegate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is tthheemmost tthheeIInnnssuuurer will pay for the sum of: 1 All daammages under Coverage A, except damages because of bodily injury or property damage included in the prrodu ts-completed operations hazard; and 2. All mmmedical expenses under Coverage C, thaaattaarise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. Colorado Moisture Control Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page <Current Page No> of <Total Pages> Insured Name: Colorado Moisture Control Policy No: Endorsement No: Effective Date: «6076559378 «5/1/2020 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involvedd; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solellyy ttoo ongoing operations at a single construction project, except damages because of bodily injury or prrooppeerrttyyddamage included in the products-completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attribuutteedd solely to ongoiinngg operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To PPrreemmiisseessRenteeddTooYouuandffoor Medical Expense continue to apply, but will be subject to either the Constructtiioonn Project GGeenneerraall Aggrreeggate LLimit or the General Aggregate Limit shown in the Declarations, depending attributed solely to ongoing operations at a particular construction project. on w ether the occurrreennccee can be D. When coverage for liability arising out of the products-completed oppeerationsshhaazzzaaarrddd iisspprroovviiddeedd,,aany payments for damages because of bodily injury or property damage incclluudddeeeddi tthhee produucctts-comppllee ed operations hazard will reduce the Products-Completed Operations AggreggaatteeLiimmitt shown i the number of projects involved. tthheeDDeeccllaarraattions, regardless of E. If a single construction project away from premises owneeddbyorrreenntteeddt the Ins red has been abandoned and then restarted, or if the authorized contracting partiessdevviate ffrroommplanns, bblluueeppprrriiinnntttss, designs, specifications or timetables, the project will still be deemed to be the s me ccoonnssttrruuccttiioonn projject. F. The provisions of LIMITS OF INSURANCE not ooottthheerrwwisseemmooodddiiffiieeddbyttthhiis eeennnddoorsement shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vesseeelll o ned oor opeerraatteeedddbbyyoorrfortthhe Named Insured, or chartered by or for the Named Insured, will be treated in thhhee same manner assthoouugghhthee action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MAALLPPRRRAACCTTIICCEE COVERAGE Solely with respect to bodilyyiiinnnjjuurry thaattaarises out of a heaalt care incident: A. Under COVERAGESS, Coverage A – Bodily Injur and Property Damage Liability, the paragraph entitled Insuring Agreemmmeeenntt iissaammeennndddeeddttoorepplllaacce PPaarraagraphs 1.b.(1) and 1.b.(2) with the following: b. This insurraannccee applies to bodily innjuryy provided that the professional health care services are incidental to the Nammed IInnssuuurrreeeddd’’sss pprriimmaarryybbuussiinnneeesss purpose, and only if: (1) (2) such bodilyyiinnjjuuurrryyy iissccaauusseeddbby an occurrence that takes place in the coverage territory. the boddiilly injurryy firrssttooccccuurs during the policy period.Allbodily injury arising from an occurrence will be deemmedtohavveeooccccccurred at the time of the first act, error, or omission that is part of the occurrence; and B. Underr COOVVEERRAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusioonnss is aammended to: i. add tthe ffoolllloowwwiinng to the Employers Liability exclusion: This eeexxxccllusion applies only if the bodily injury arising from a health care incident is covered by other liability insurannce available to the Insured (or which would have been available but for exhaustion of its limits). ii. deleett the exclusion entitled Contractual Liability and replace it with the following: T is insurance does not apply to: Contractual Liability Colorado Moisture Control Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page <Current Page No> of <Total Pages> Insured Name: Colorado Moisture Control Policy No: Endorsement No: Effective Date: «6076559378 «5/1/2020 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. f. the Insured’s actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limiitteeddttoo claims based on an individual’s race, creed, color, age, gender, national origin, religion, disabilityy,,mariittaal status oorr sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omissiioonn.. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, MMeeddiiccaaiid, TTrriiccaaarrreeeoorr any similaarr federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluddeeddbyeennddoorrsssemmeennnttt.. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, erroorroromisssiioonnbytthhee NameddI workers in the rendering of: sured’s employees or volunteer a. professional health care servviiccceeess obbeehhaalllffoftthhee NmmeeddIIInnnsssured or b. Good Samaritan services rreeennnddeerreeddinanemeerrggeeennncccyyyaannddffor which no payment is demanded or received. Professional health caree services means any healtth care services or the related furnishing of food, beverages, medical suppplliieessoorr appliances by theeffolloowwwing providers in their capacity as such but solely to the extent they are dullyylicceennssseeeddaassrreeqquuiirreedd:: a. Physician; b. Nurse; c. Nurse ppprrraaaccctttiiitttiioonneerr;; d. Emmeerrgeennccyymmmeeedddiiiccal tteecchhnniicciiaann;; e. Parraammeedic; f. Dentistt;; g. Physiccaal therapist; h PPssyycchhologist; i SSppeeeeecch ttthhheerraappist; j. Otheerraallllliiieeed health professional; or Profeesssional health care services does not include any services rendered in connection with human clinical trials oorrpproduct testing. ii. delete the definition of occurrence and replace it with the following: O currence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; Colorado Moisture Control Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page <Current Page No> of <Total Pages> Insured Name: Colorado Moisture Control Policy No: Endorsement No: Effective Date: «6076559378 «5/1/2020 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. iii. amend the definition of Insured to: a. add the following: • the Named Insured’s employees are Insureds with respect to: (1) bodily injury to a co-employee while in the course of the co-employee’s emmppllooyymmeenntttb tthhe Named Insured or while performing duties related to the conduct of thee Named Insurreed’s business; and (2) bodily injury to a volunteer worker while performing duties related to tthheeccooonndduuccttoftthhee Named Insured’s business; when such bodily injury arises out of a health care incident. • the Named Insured’s volunteer workers are Insureds with resssppeeccttttoo:: (1) bodily injury to a co-volunteer worker while performinnggduuttiieessrellaattedtotheccoonndduuct of the Named Insured’s business; and (2) bodily injury to an employee while in the courseeofftheeployyeeee’’ss eemmppllooyymmeeennt by the Named Insured or while performing duties related to thheeccoonnddduuucccttoooffttthhee N when such bodily injury arises out of a health careeiinncciiddeenntt. mmed IIInnnsssuurreed’s business; b. delete Subparagraphs (a), (b), (c) and (d) of Paaarrraaaggraph 2.a.(1) of WHO IISSAANN INSURED. D. The Other Insurance condition is amended to deelleetteeP following: Other Insurance b. Excess Insurance ragraph b(1)) in its e tirety and replace it with the (1) To the extent this insurancee a plies, iittiissexxcceessssssovver an oother insurance, self insurance or risk transfer instrument, whether primaaarrryy,,eexxcceessss,,continggeennttoorrroonn a y other basis, except for insurance purchased specifically by the NameedddIInnssuurreedd to be eexxcceess oofftthhhiiiss coverage. 14. JOINT VENTURES / PARTNERSSHHIIPPP/LLIIMMIITTEEDDLLIIAABBIILLIITTYYCCOMPANIES WHO IS AN INSURED is ammmeeennnddeed toodddeeellleeetteeiittssllaassttppaarraagggrrraaph and replace it with the following: No person or organizatiooonniissaann Insur d wwiitthhrreesspeecctt to the conduct of any current or past partnership, joint venture or limited liability compaaannyy tthhaattisnottssshhoowwnnassaNaamed Insured in the Declarations, except that if the Named Insured was a joint ventureerr,,par ner,oorrm mberoof a limited liability company and such joint venture, partnership or limited liability companyyteerrmmiinnnaaattteeeddpriorttoo or duriinng the policy period,suchNamed Insured is an Insured with respect to its interest in ssuucchhjoinnttvveennntttuuurrre ppaarrttnneerrsshhiippooor limited liability company but only to the extent that: a. any off nse givin riisseetoo personaall and advertising injury occurred prior to such termination date, and the peerrrsssooonnaallandaaadddvvveerrttisiinnggiinnnjjjuuurrryy arising out of such offense first occurred after such termination date; b. thhee booddiillyy injuurry or properttyyy damage first occurred after such termination date; and c th reeisnooottthhheerr valid aanndd collectible insurance purchased specifically to insure the partnership, joint venture or limit d lliiaabbiilliiitttyycccooommppaannyy; and If the joint vennttuurree,,partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance pprroograamm, then such insurance will always be considered valid and collectible for the purpose of paragraph c above. But thi provision will not serve to exclude bodily injury, property damage or personal and advertising injury that wouuld otherwise be covered under the Contractors General Liability Extension Endorsement provision ennttiittlleedd WRAA -UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Pleaasseesseeee that provision for the definition of consolidated (wrap-up) insurance program. 15. LEGAL LIABILITY – DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED’S CARE, CUSTODY OR CONTROL Colorado Moisture Control Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page <Current Page No> of <Total Pages> Insured Name: Colorado Moisture Control Policy No: Endorsement No: Effective Date: «6076559378 «5/1/2020 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. d. A. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: j. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or exxppeennsseessiinnccuurrrreeddbyyoouu, or any other person, organization or entity, for repair, replacement, enhaanncceemmmeenntt,,restorraattiioonn or maintenance of such property for any reason, including prevention of injurryyttoo a perssoonnorddaammaaggeeto another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property daamage arisessoout oof any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insuurreeddd; (5) That particular part of real property on which the NammeeddIInnsssuuurrreeeddd or any connttrraaccttoorrss or subcontractors working directly or indirectly on the Named Insuredd’’ss behalf a e ppeeerrrfffoorrmmiinnggopeerraa ions, if the property damage arises out of those operations; or (6) That particular part of any property that must be rreessttooreedd,,rreeppaaiirrreeddoorrrreeeppllaacced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusionn d not applyytto properrtty ddaammage (other than damage by fire) to premises rented to the Named Insured oorrttteeemmmpppoorraarriilly ooccccuuupppiiieeddbytthhee N med Insured with the permission of the owner, nor to the contents of ppremmiisseesssrreennteeddtoo tthheee Named Insured for a period of 7 or fewer consecutive days. A separate limit ooffiiinnsuuranncceeaaappppppllliiieeessttooDDaammaaagggeee To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2) of this exclusioonnn does not aappppllyyiftheepprreeemmmiiissseeessareyour work. Paragraphs (3), (4), (5)) agreement. andd (6) of this exclusion do not apply to liability assumed under a sidetrack Paragraph (6) of thi e clusiooonnndoesnnoott apply t operations hazaaardd. property damage included in the products-completed Paragraphs (3) and (4) of tthhis eexxcclussiioonndonnot apply to property damage to: i. tools, or eeqqquuuiiipppmmmeennnttttheNamed IInnsuured borrows from others, nor ii. ootthheerrppeerssoonnaall ppprrroopppeerrttyyofootthheerrs in the Named Insured’s care, custody or control while being used in the Nammeed IIInnsured’ss ooppeerraattiioonnss away from any Named Insured’s premises. However, thheeccoovveeraggeeggrrraannttted by this exception to Paragraphs (3) and (4) does not apply to: a. propeerrty at a job ssitee awaiting or during such property’s installation, fabrication, or erection; b. prooppeerrty that is m bile equipment leased by an Insured; c prrooppeerrrtttyyttthhhaaattisanauto, aircraft or watercraft; d. pr perty iiin transit; or e. annyy p rtion of property damage for which the Insured has available other valid and collectible innssurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its e clusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. Colorado Moisture Control Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page <Current Page No> of <Total Pages> Insured Name: Colorado Moisture Control Policy No: Endorsement No: Effective Date: «6076559378 «5/1/2020 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1)( B. Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named IInssuured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to tthheeccooonnntteenntts of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCCEE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A forr dammaggeess ar sing out of any one occurrence becauseofthesumofallproperty damage to borrowed toooollssorequuiippmmeennttt,,andttooootthheerr personal property of others in the Named Insured’s care, custody or controoll,, while beeing useeddinntheNamed Insured’s operations away from any Named Insured’s premises. The Insuurreerr’’ss obligatioonntoppaayysuchh pro erty damage does not apply until the amount of such property damage exceeedddss$$111,,0000000..TThheeIInnssuuurreerrhhaaasstthheeerright but not the duty to pay any portion of this $1,000 in order to effect settlemmeent..IfthheeInsur Named Insured will promptly reimburse the Insurer for any such amooouuunnntt.. r exercisesstthhaat right, the D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMIITTSSOOOFFFIIINNNSSUURRAANNCCEEE is ddeelleetteedd and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrencee Limit), tthheeDaamaggeeToPPrreemiissses Rented To You Limit is the most the Insurer will pay under Coverage A for damages beecauseeooff pro erty damage to any one premises while rented to the Named Insured or tempora ily occuupied by the Named Insured with the permission of the owner, including contents offsuucchhpprreemmiisseess rented to the N med Insured for a period of 7 or fewer consecutive days. The Damage TooPPPrreemmiseessRReeennntteeddToYYoouu LLLiiimmiitt is the greater of: a. $500,000; or b. The Damage To Premises RenntteeddTTTooYoouuLLiiimmmiiitttssshhoowwn in theeDDeclarations. E. Paragraph 4.b.(1)(a)(ii) of the Otherr Insurance CConnddiittiioonnnisdddeelleetted and replaced by the following: (ii) That is property insurance forr premises rented ttoothhee Naammed Insured, for premises temporarily occupied by the Named Insured witthhtthhheeeppeerrmmiissssiioonnoftheoownneeerrr; or for personal property of others in the Named Insured’s care, custody or ccooonnntttrrooll;; 16. LIQUOR LIABILITY Under COVERAGES, CCovveerraaggee A – Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amendddeed to ddeelleetteettthhe eexxcclusiioonneennttiittlled Liquor Liability. This LIQUOR LIAABBIILLIITTYYY provviission does not apply to any person or organization who otherwise qualifies as an additional insuurreeddontthhiiss Coverage Part. 17. MEDICALLPPPAAYYMMMEEENNNTTTS A. LIMMIITTSSOFINSUURAN followwiinngg: EE is aammmeeennnded to delete Paragraph 7. (the Medical Expense Limit) and replace it with the 7 SSuubbjjeeecct to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Inssuurreerr wwiiillllll pay under Coverage C – Medical Payments for all medical expenses because of bodily injury sustaiinneeddbyaaannyyy one person. The Medical Expense Limit is the greater of: (1) $15,000000uuunless a different amount is shown here: $<insert ($) amount>; or (2) thheeaamount shown in the Declarations for Medical Expense Limit. B Under COOVERAGES,theInsuring Agreement of Coverage C – Medical Payments is amended to replace Paragra h 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and Colorado Moisture Control Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page <Current Page No> of <Total Pages> Insured Name: Colorado Moisture Control Policy No: Endorsement No: Effective Date: «6076559378 «5/1/2020 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 18. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A – Bodily Injury and Property Damage Liability, the paragrapphh Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: entitled 1. the pilot in command holds a currently effective certificate issued by the duly constituteddaauutthhoorriittyyoftthheeU States of America or Canada, designating that person as a commercial or airline transpoorrttppiilloott;; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON-OWNED WATERCRAFT iteedd Under COVERAGES, Coverage A – Bodily Injury and Property DaaammaaggeeLLiiaabbiillliittyy, the paraaggraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion enntitle replace it with the following. This exclusion does not apply to: Aircrraafftt,,AutoorWWaatercraft, and (2) a watercraft that is not owned by any Named Insured,proovviiddeeddthewwaattteeerrccrraaffftttiiss:: (a) less than 75 feet long; and (b) not being used to carry persons or property forrracharggee. 20. PERSONAL AND ADVERTISING INJURY –DISCRRRIIIMMMIINNAATTIOONNORRHHUUMMIILLIIAATTTIIIOOON A. Under DEFINITIONS, the definition of perrssonaallaannndddaaadddvveerrttissiinngg iiinnnjjjuurryy iiss amended to add the following tort: • Discrimination or humiliation that rrreeesssuullttss in injuurryyttoottthhheeffeeeelliinggssooorrr reputation of a natural person. B. Under COVERAGES, Coverageee Exclusions is amended to: B – Personal and AAdddvvveeerrtttiiising Injury Liability, the paragraph entitled 1. delete the Exclusion entittlleedd Knowing VViioollaattiioonnOOffRRights Of Another and replace it with the following: This insurance doessnnnooottaapplyytttooo:: Knowing ViolaaatttiiioonnofRRiigghhttssoffAAnnootthheerr Personal annndddaadvertisinnggiiinnjury cauusseeddbbyy or at the direction of the Insured with the knowledge that the act would violllaatteetthheerrriigghhttssoooff another aaannd wwoould inflict personal and advertising injury. This exclusion shall not apply to ddisccrriimmiinnnaaatttiiiooonnnoorr humiliatioonn t at results in injury to the feelings or reputation of a natural person, but onlyyifssuucchhdissccrriimmiiinnnaaatttiiiooonnorhhuummiiillliiiaaation is not done intentionally by or at the direction of: (a) (b) the Nammed Inssuurreeddd;or any exeeccutive offfiicceerrr, director, stockholder, partner, member or manager (if the Named Insured is a liimmiiteeddlliiaabbiilliittyyccoommpany) of the Named Insured. 2. addddtthheefffooolllllloowwiinnggeexxcclusions: This innssuurraaannnccceedddooes not apply to: Emplo meennnttt Related Discrimination Discriimmin tion or humiliation directly or indirectly related to the employment, prospective employment, past emplooyyment or termination of employment of any person by any Insured. Pre ises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured. Colorado Moisture Control Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page <Current Page No> of <Total Pages> Insured Name: Colorado Moisture Control Policy No: Endorsement No: Effective Date: «6076559378 «5/1/2020 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUUUMMIILLIIATION Provision does not apply to any person or organization whose status as an Insured derives solely from • Provision 1. ADDITIONAL INSURED of this endorsement; or • attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION Prroovviissiioonn does not appppllyyto any person or organization who otherwise qualifies as an additional insured on this Coveeerrraage PPaarrtt. 21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B –Personal and Advertising Injurrryy Exclusions is amended to delete the exclusion entitled Contractual Liabiiilliittyyy. Liability, tthheeppaarragraphh enntitled B. Solely for the purpose of the coverage provided by this PERRSSSOONNALL AANNDD ADVERTISINNGG INJURY - CONTRACTUAL LIABILITY provision, the following channgggeeesss SUPPLEMENTARY PAYMENTS – COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: are madee to the section entitled d. The allegations in the suit and the information the IInnssuurreerrknowss abouutttheofffense alleged in such suit are such that no conflict appears to exist bettwweeeenntheiinntteerreessttssoofftheInsured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath PPaaarrraaaggrraapphh 2.f.(22))(b) is deleetteeddaannd replaced by the following: So long as the above conditions are mett,, attorneys ffeeeess incurred by the Insurer in the defense of that indemnitee, necessary litigation exppeennnsees iinnccuurrrrreeedddbby the Insurreerr, a d necessary litigation expenses incurred by the indemnitee at the Insurer’sssrequuest willl bbeeppaaiiddasdffeennssseeecosts. Such payments will not be deemed to be damages for personal annnddaaddvveerrttiissiinngginnjjuurryy and wwiillll not reduce the limits of insurance. C. This PERSONAL AND ADVEERRTTTIISSIINNGG INJURY - COONNTTRRRAAACTUAL LIABILITY Provision does not apply if Coverage B –Personal anddAdvveertising IInnjjuurryy Liability iis excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADDDVVEERRRTTIISINNGGGIINJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization wwhhhooootthheerrwwiisseequaaallliiifffiiieeessasanaaadddditional insured on this Coverage Part. 22. PROPERTY DAMAGGGEE – ELEVATTOORS A. Under COVERRAAGGEEESS, Coovverage A – B dily Injury and Property Damage Liability, the paragraph entitled Exclusionnss is ammeenndddeeedddssuucchhtthhaatttthhee Daamage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the DaammmaaagggeetoPPProppeerrttyyy Exc usion do not apply to property damage that results from the use of elevators. B. Sooolleelyyyfortthheepuurrpose ooffthheeccooovvverage provided by this PROPERTY DAMAGE – ELEVATORS Provision, the O her Insuranccee conditionnssiisssaaamended to add the following paragraph: Thissinssuurraanncce iiss excess oover any of the other insurance, whether primary, excess, contingent or on any other basis tthhaattiiissPPPrrrooppeerrttyyiinnssuurance covering property of others damaged from the use of elevators. 23. SUPPLEM NTARYYPPPAAAYYYMENTS Thheessseeecccttiiiooonneenntitleedd S PPLEMENTARY PAYMENTS – COVERAGES A AND B is amended as follows: A. Paragraphh 1.b limit; and is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. B. PPaarraaggrraaph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $11,,000000. limit. Colorado Moisture Control Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page <Current Page No> of <Total Pages> Insured Name: Colorado Moisture Control Policy No: Endorsement No: Effective Date: «6076559378 «5/1/2020 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of thhee Named Insured’s Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such fffaaaiiilluurree. 25. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To UUss is amended too add the following: The Insurer waives any right of recovery the Insurer may have against any person orr organization beeccaauusseeof payments the Insurer makes for injury or damage arising out of: 1. the Named Insured’s ongoing operations; or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in wrriittiinnggtow a written contract or written agreement, and only if such contract or agreemmmeenntt:: 1. is in effect or becomes effective during the term of this Coverage PPaarrrttt;aannd iveesuchrriigghhttsssooff recovery in 2. was executed prior to the bodily injury, property damage or personaal aannddaaddvveerttiissiinngggiiinnnjjjuuury giving rise to the claim. 26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATEEEDD((WWRRAAPP--UUPP))IINNNSSUURRAANNNCCCEEPPRROGRAMS Note: The following provision does not apply to any pubblliiccconsttrruuccttiioonnprojeecct in thee state of Oklahoma, nor to any construction project in the state of Alaska, that is nnoott permiitttteed to bbee insured u insurance program by applicable state statute or rrreeggguullaattiioonn. der a consolidated (wrap-up) If the endorsement EXCLUSION – CONSTRUCTTIIOONNNWWRRAAPP--UPP is aatttached to this policy, or another exclusionary endorsement pertaining to Owner ControolllleeeddIInsuurraanncceeePProoggrraammss((OO..CC.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then theeffolllloowwiinnggcchannggeessaaapppppllyy:: A. The following wording is added tootthe aabboovvee--rreeffeerreennceddeenndddooorrrssseeement: With respect to a consolidaatteedd((wrraapp--uupp)) insuranceeproogggram project in which the Named Insured is or was involved, this exclusion dooes nnoottapppllyyttoo those sumsstheNamed Insured become legally obligated to pay as damages because of: 1. Bodily injury, p operty damaaggee, o personal or advertising injury that occurs during the Named Insured’s onnggooiinnggooppeerraaatttiioonnssatthheeprroojjeect Insured’s bbeehhaallff; nor or during such operations of anyone acting on the Named 2. Bodilyy injuurryy orr property damagee in luded within the products-completed operations hazard that arises out of tthhoosseepoorrttiioonnnssooff the projectttthhat are not residential structures. B. Condddiiittiioonn 4. OOOttthhheer Inssuurraannncce iis aammmended to add the following subparagraph 4.b.(1)(c): T is iiinnnssurance is eexxcceesss oovveerr:: (c) Anyy of the other insurance whether primary, excess, contingent or any other basis that is insurance available tootheNam d Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurancceeppprrrooggrraam, but only as respects the Named Insured’s involvement in that consolidated (wrap-up) insuranncceeppprrrooogram. C. DEEFFIINNIITTIIOOS iisss amended to add the following definitions: Consolidaatted (wrap-up) insurance program means a construction, erection or demolition project for which the prime ccooonnntractor/project manager or owner of the construction project has secured general liability insurance coverin some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insssuuurrance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: Colorado Moisture Control Contractors’ General Liability Extension Endorsement CNA74705XX (1-15) Page <Current Page No> of <Total Pages> Insured Name: Colorado Moisture Control Policy No: Endorsement No: Effective Date: «6076559378 «5/1/2020 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including poooolllsss,,hhoot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not includdee military hoouusing, college/university housing or dormitories, long term care facilities, hotels or motels. Resideennttiiaall structure al o does not include hospitals or prisons. This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANNCCEEPROOGGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional innnsssuuurrreeeddoon tthhiiss Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issssssuueeddbby tthheedddeeesssiiigggnnaatteeddIInnssuurrreeerrrs, takes effect on the effective date of said Policy at the hour stated in said Policy, uunnlleesssss aaannootthher eeffffeeccctttiiivvvee ddaatteeiss shown below, and expires concurrently with said Policy. Commercial Auto Endt. Pd Form No: CNA63359XX (04-2012) Endorsement Effective Date: 5-1-20 Endorsement No: Underwriting Company: CNA Policy No: 6076559347 Policy Effective Date: 5/1/20 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLLYY.. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An IInnssuurreeeddd: 1. a. Any incorporated entity of which the Named Insured ooowwns a mmaajjoorrriiitttyyy oooff the vvoottiinnggg sstock on the date of inception of this Coverage Form; provided tthhaaatt,, b. The insurance afforded by this provision A.1. does nnoott aaappppplllyyy tto aannyy ssuucchhh eeennntttiiitty that is an insured under any other liability policy proovviiddiinngg auto ccoverraaggee. 2. Any organization you newly acquire or form,, oottthherrr tthhaann a lliimmiiittteedd lliiaabbbiiillliiitttyyy cccoompany, partnership or joint venture, and over which you maintaiinnn mmmaaajjjooorriitty ooowwnneerrsshhiippp iinntteerreessttt.. The insurance afforded by this provisiiooonnn A.2.: a. Is effective on the acquisition oor foorrmmaation date, aannd is aaffffoorrdded only until the end of the policy period of this Coverage Forrmmm,, or the nneexxtt aannnniivveerrssaarrryyy of iitts inception date, whichever is earlier. b. Does not apply to: (1) Bodily injury or prooperty damage caused bbyy aann accident that occurred before you acquired or formed thee orrgganization; or (2) Any suchh oorrggaanniiizzzaattiioonn that is an insuured under any other liability policy providing auto coveraagggeee.. 3. Any persoonn or oorrggaanniizzaattiioonn ttthhhaaatt yyyooouu aarrree rrreeequired by a written contract to name as an additional insured iss an insured bbuttt only witthh rreeessppect to their legal liability for acts or omissions of a person, who qquaalliiffiieess as ann i ssuurred under SECTION II – WHO IS AN INSURED and for whom Liability 44. Coovveerraaggee iss aaaffffffooorrrdded uunnddeerr tthhhiiiss ppoolicy. If required by written contract, this insurance will be primary anndd nnnooonn--ccoonnttrrriiibbbuuutttoorryy to iinnssuurrraaannce on which the additional insured is a Named Insured. An emmppllooyee of yyyooouuurrrss is aaann insured while operating an auto hired or rented under a contract or agreemeennt in that emmpplloo ee's name, with your permission, while performing duties related to the cconducct of yyoouurr bbuussiiinnness. Policcyy,, as uusseedd in tthhis provision A. Who Is An Insured, includes those policies that were in force on the iinncceeeppptttiiiooonn date oof this Coverage Form but: 1. Whiicchh aare no longer in force; or 2. Whose limits have been exhausted. B. Bail BBBooonnds and Loss of Earnings SSeecc ion II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and CONTRACTORS EXTENDED COVERAGE ENDORSEMENT – BUSINESS AUTO PLUS Commercial Auto Endt. Pd Form No: CNA63359XX (04-2012) Endorsement Effective Date: 5-1-20 Endorsement No: Underwriting Company: CNA Policy No: 6076559347 Policy Effective Date: 5/1/20 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurraaannccceee.. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage – Hitting A Bird Or Animal – Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered auto, any deductible shown in the Declarationnsss wwwiiillll not aapppplllyyy ttoo ggllaassss breakage if such glass is repaired, in a manner acceptable to us, rather tthhhaaann rreeppllaacceedd.. B. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transporrtttaattiioonn eeexxxpppeeennsseee iiinnccuurrrreedd byy yyoouu,, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with rreeessspppeecccttt provide: a. $1,000 maximum, in lieu of $6000000.. D. Hired “Autos” The following is added to Sectioonnn III. PPaaarrraaggrraapphh A.: 5. Hired “Autos” ttoo lllooosssss ooff usee eexxppeennssseeesss incurred by you, to If Physical Damage coveerraaggeee is pprroovviiddeedd uunnddeerr ttthhiiss ppooolliicy, and such coverage does not extend to Hired Autos, then Physical Damaggee coverage is extendded tto: a. Any coveerrreeddd auuto youu llleeeaaassee,, hhiirree,, rreenntt oor borrow without a driver; and b. Any ccooovvveerreedd autto hhiirreedd oorr rrreeennnttteeedd by your employee without a driver, under a contract in that indiivvviiiddduuaall employyeeee's nnaammee,, wwiitthh your permission, while performing duties related to the coonduucctt oo youurr business.. c. The mostt wwee will pay forr aaanny one accident or loss is the actual cash value, cost of repair, cost of rreeplacemeenntt oor $75,,0000, whichever is less, minus a $500 deductible for each covered auto. Noo dddeedduuccttiibbllee aaappppppllliieesss tto loss caused by fire or lightning. d. The pphhyyssiiccaall ddaammmaaage coverage as is provided by this provision is equal to the physical damage ccooverage(s) pprroovvided on your owned autos. e. SSucch pphhyyssiiccal damage coverage for hired autos will: (1) IInnccllu e loss of use, provided it is the consequence of an accident for which the Named IInnsured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per accident. E. Airbag Coverage Commercial Auto Endt. Pd Form No: CNA63359XX (04-2012) Endorsement Effective Date: 5-1-20 Endorsement No: Underwriting Company: CNA Policy No: 6076559347 Policy Effective Date: 5/1/20 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. F. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered auto also applies to loss to any permaanneennttllyy iinnssttaallllleedd electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by thhiiss ppprrrooovvviiisssiiiooonnn.. G. Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following, the diminution in value exclusion does not aaappppppllyy to: a. Any covered auto of the private passenger type you leasssee,, hire,, rrreeennntt orr borrow, wiitthout a driver for a period of 30 days or less, while performing dutieesss related to tthhee conduct of yyyooouur business; and b. Any covered auto of the private passenger typee hhiirreedd oorr rreeennnttteeedd by your eemmpplloyee without a driver for a period of 30 days or less, under a ccoonnttrraacctt inn thaatt iiinnndddiivviidduuaall emmployee's name, with your permission, while performing duties rreellaatteedd to the ccooonndduuccttt ooff your bbusiness. c. Such coverage as is provided by this ppprrrooovvviiisssiiiooonn iiss llliiimmiitteedd too a diminnuuttion in value loss arising directly out of accidental damage annndd nnoott aasss a rreesssuuulllttt ooff tthhee ffaaiilluurreee to make repairs; faulty or incomplete maintenance or repairrsss;;or the iinnssttaaallllllaattiioonn of sssuubbbsssttaanndard parts. d. The most we will pay for losss to a ccoovveered auto inn aany one a (1) $5,000; or (2) 20% of the auto'sss actual cash value (AACCVV)). III. Drive Other Car Coverage – EExxeeecccuuttiivvee OOffffiicceerrss The following is added too Sectioonns II and III: cident is the lesser of: 1. Any auto you donnn'''tt oowwwnn,, hhiirreee oorr bboorrrrooww is a ccooovvered auto for Liability Coverage while being used by, and for Physicaaall Damage Coverraaggee w officers, exxccceeepptt:: iile in ttthhhe care, custody or control of, any of your executive a. An auto oowwnneed byy tthat execcutive officer” or a member of that person's household; or b. An auto usedd bbbyy tthat eexxeeccuutttiiivvve officer while working in a business of selling, servicing, repairing or ppaarrkkiinng autoss. Suuch Liabilliittyy and/or PPhhyyysssiiicccaaal Damage Coverage as is afforded by this provision. (1) Eqquual to the ggrreeaaattest of those coverages afforded any covered auto; and (2)) EEExxxcceessss over aany other collectible insurance. 2. For ppuurrppoossseeesss ooff tthis provision, executive officer means a person holding any of the officer positions ccreeaatted bbyy yyyooouur charter, constitution, by-laws or any other similar governing document, and, while a resiiddeennt of tthe same household, includes that person's spouse. Such eexecutive officers are insureds while using a covered auto described in this provision. IV. BUSINES AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss Form No: CNA63359XX (04-2012) Endorsement Effective Date: 5-1-20 Endorsement No: Underwriting Company: CNA Policy No: 6076559347 Policy Effective Date: 5/1/20 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Commercial Auto The following is added to Section IV, Paragraph A.2.a.: (4) Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is kknooowwnn to you or if you are not an individual, to any of your executive officers or partners orr yyyooouuurr iiinnnsssuuurrra aannncccee manager. B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.5. Transfer Of Righhhtttss Of RReeccoovvveeerryy AAggaaiinnsstt OOOtthheerrrss To Us: We waive any right of recovery we may have, because of paymmmeennttss we mmaakkee for injury orr dddaamage, against any person or organization for whom or which you arree rreequired by wwrriitttten contraacctt or agreement to obtain this waiver from us. This injury or damage must arise out of your activitiess under a cconttrraacct wwiitthh tthhaatt pppeeerrson or organization. You must agree to that requirement prior to ann accciideenn or loss. C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paaarrraaagggrrraaapphh BB..22..: Your failure to disclose all hazards eeexxiissttiinngg oonn ttthhhee date of inncception of this Coverage Form shall not prejudice you with respect to thee cccooovvvvee eerrrraaggee aaffffo oorrrdddeeedd pprroovviiddeedd sssuuuch failure or omission is not intentional. D. Other Insurance The following is added too Seection IV, PPaarraaggrraapphh BB..55..: Regardless of the proovviissiioonnsss oof PPaarraaggrraapphhss 5.a. and 5.d. above, the coverage provided by this policy shall be on a primaarrryyy nnnoonn--ccoonnntttrrriiibbuuttoory basis. Thhiis provision is applicable only when required by a written contractt.. That writtenn cccoonnttrraacctt mmuuusstt hhaavvee bbeeeeeennn eeenntteered into prior to Accident or Loss. E. Policy Perriod,, CCCooovvveerraagggeee Territory Secttiioonnn IIIVV, Paraggrraapphh B. 7.(5).(a)).is revised to provide: a. 45 dddaayyss ooff ccooovvveeerrraaaggee iinn lieu of 30 days. V. DEEFIIINII ITIONS Sectionn VV.. ppaaragraph C. is ddeleted and replaced by the following: B ddily injurryy mmmeeans bbooddily injury, sickness or disease sustained by a person, including mental anguish, mental iinnjjuurryy oorr dddeeeaaattthh resulting from any of these. 7501 E. Lowry Blvd. Denver, CO 80230-7006 303.361.4000 / 800.873.7242 Pinnacol.com Colorado Moisture Control Inc 4950 E. 56th Ave. Commerce City, CO 80022 Hub International/BW 1125 17th St. Ste 900 Denver, CO 80202 (970) 223-0924 7501 E. Lowry Blvd Denver, CO 80230-7006 Page 1 of 1 P SCHAETZJ - Underwriter 04/24/2020 11:12:27 4019334 55893367 359-B NCCI #: WC000313B Policy #: 4019334 ENDORSEMENT: Blanket Waiver of Subrogation Effective Date:May 1, 2020 Expires on: May 1, 2021 Pinnacol Assurance has issued this endorsement April 24, 2020 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE To any person or organization when agreed to under a written contract or agreement, as defined above and with the insured, which is in effect and executed prior to any loss. 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. 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 4/28/2020 License # 0757776 (970) 541-6022 (866) 243-0727 20478 Colorado Moisture Control, Inc. 4950 East 56th Avenue Commerce City, CO 80022 42625 41190 31127 A 1,000,000 X X 6076559378 5/1/2020 5/1/2021 100,000 15,000 1,000,000 2,000,000 2,000,000 B 1,000,000 X X 6076559347 5/1/2020 5/1/2021 B 8,000,000 6076559350 5/1/2020 5/1/2021 8,000,000 10,000 C X 4019334 5/1/2020 5/1/2021 1,000,000 1,000,000 1,000,000 D Pollution Liability CSB 6076559395 5/1/2020 1,000,000 / 1,000,000 Project: Service Agreement, 8129 Roofing Services City of Fort Collins, its officers, agents and employees are additional insureds for General Liability and Automobile Liability. City of Fort Collins Director of Purchasing and Risk Management P.O. Box 580 Fort Collins, CO 80522 COLOMOI-01 KDERRILL HUB International Insurance Services (COL) 2000 S. Colorado Blvd Tower 2, Suite 150 Denver, CO 80222 Heidi Mink heidi.mink@hubinternational.com National Fire Insurance Company of Hartford Continental Insurance Company of New Jersey Pinnacol Assurance Company Columbia Casualty Company X 5/1/2021 X X X X X X X