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Signed Contract_Q Casino Parking License AgreementCity of Dubuque City Council Meeting ITEM TITLE SUMMARY: SUGGESTED DISPOSITION: ATTACHMENTS: Description Signed Contract(s) Consent Items # 16. Copyrighted September 7, 2021 Service Agreement with Dakota, Minnesota & Eastern Railroad Corporation (Canadian Pacific) for the 17th Street Storm Sewer Project; I nterim Management Agreement with Dubuque Community I ce and Recreation Center for management of Mystique Community Ice Center; Parking Agreement with Q Casino for use of a City -owned area for parking on specified dates. Suggested Disposition: Receive and File 17th Street Storm Sewer Project Dubuque Community Ice and Recreation Center Q Casino Parking Agreement Type Supporting Documentation Supporting Documentation Supporting Documentation PARKING LICENSE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND Q CASINO This Parking License Agreement (the Agreement), dated for reference purposes the 3rd day of 6ggust , 2021, is made and entered into by and between the City of Dubuque, Iowa a municipal corporation (City) and Q Casino (Q Casino), an Iowa non- profit corporation with its principal place of business in Dubuque, Iowa. WHEREAS, City of Dubuque is the owner of an area available for parking (the Licensed Area) shown on the attached Exhibit A and by reference incorporated herein as though fully set out herein; and WHEREAS, City and Q Casino are desirous of entering into an agreement where City grants to Q Casino a license for the privilege of using the Licensed Area for providing public parking under the terms and conditions hereinafter set forth; NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, City and Q Casino agree as follows: SECTION 1. TERM OF AGREEMENT. Subject to Paragraph 11, City hereby grants to Q Casino a nonexclusive license to use the Licensed Area for public parking on the following dates and times: Sunday, August 15, 2021 5pm to midnight Friday, September 10, 2021 5pm to midnight SECTION 2. PARKING LICENSE USE FEE. The parking license use fee (the Fee) for the Licensed Area is One Dollar ($1.00) SECTION 3. USE OF PREMISES 3.1 Q Casino covenants and agrees to use and occupy the Licensed Area for public parking only. 3.2 Q Casino may place signs on or in the Licensed Area only to clarify the use of the Parking Area and the times available for public use. Q Casino may not place or allow any structure on or in the Licensed Area that is not related to signage. Upon termination of this Agreement, Q Casino agrees to remove signage and repair any holes in the pavement as a result of the signage. SECTION 4. ASSIGNMENT AND SUBLETTING. Q Casino may not assign or sublet this Agreement or the Parking Area nor any portion thereof. SECTION 5. MAINTENANCE OF PROPERTIES. City shall be responsible for snow and ice removal in the Licensed Area at its expense. Q Casino shall be responsible for removing any trash from the Parking Area following each event date. SECTION 6. RESPONSIBILITY FOR ENFORCEMENT. City is not responsible in any manner for enforcement of Q Casino's privilege to use the Licensed Area. Q Casino must use the Licensed Area in a manner that is compatible with the operation of the remainder of City's parking lots, and may not cause or allow any conflicts or interruptions to the operation of City's parking lots. SECTION 7. DEFAULT. If Q Casino defaults in the payment of the Fee hereunder or any part thereof, or defaults in the performance of any of the other covenants herein contained, and such default continues for a period of thirty (30) days after written notice thereof, specifying the default complained of, mailed to Q Casino by United States certified mail, then City may, at its election, declare the terms of this Agreement ended and re-enter the Licensed Area, with or without process of law, and expel and remove Q Casino or any person or persons in or upon the Licensed Area, using such force as may be necessary under the circumstances; and if at any time, by reason of such default of Q Casino and the continuance thereof for such period of thirty (30) days after written notice has been given, said term will be so ended, Q Casino hereby covenants and agrees to surrender and deliver up the Licensed Area peaceably to the City. SECTION 8. INDEMNITY. Q Casino agrees to defend, indemnify and hold harmless City, its officers, agents and employees, from any and all damages or claims whatsoever by reason of Q Casino's use of the Licensed Area and further agrees to reimburse City for any and all damage to the Licensed Area resulting from the use of the Licensed Area for activities associated with Q Casino's business. City agrees to promptly give notice of any and all damages or claims and to permit Q Casino and/or its insurance carrier to investigate and defend the same. SECTION 9. INSURANCE. Q Casino must at all times during the Term maintain insurance in accordance with City Insurance Schedule A as shown in Exhibit B. SECTION 10. SURRENDER OF PREMISES AT END OF TERM. Q Casino agrees that upon termination of this Agreement it will surrender, yield up and deliver the Licensed Area in good, clean condition. SECTION 11. TERMINATION. 11.1 City may terminate this Agreement for any reason, with or without cause, upon ten (10) days written notice mailed to the Q Casino by United States certified mail. John Torres Director of Hospitality 1855 Greyhound Park Road Dubuque, IA 52001 2 11.2 Q Casino may terminate this Agreement for any reason, with or without cause, upon ten (10) days written notice mailed to the City by United States certified mail. City of Dubuque Attn: City Clerk's Office 50 W. 13th Street Dubuque, ]A 52001 CITY OF DUBUQUE, IOWA By !/ Midhael C. Van Milligen, ity Manager Attest: %�, Adrienne N. Breitfelder, City Clerk By _0 9n Printed Name 3 EXHIBIT A LICENSED AREA / A� " CERTIFICATE OF LIABILITY INSURANCE DATE 8(MM/DD1 (MM/DDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Cottingham & Butler John Link 800 Main St. CONTACT NAME: PHONE FAX AIC No Ext : 563-587-5000 (AICNo): 563-583-7339 AIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # Dubuque IA 52001 INSURER A: Employers Mutual Casualty Company 21415 INSURED DUBRAC1 Dubuque Racing Association LTD dba Q Casino and Hotel INSURER B : Travelers Property Casualty Company of America 25674 INSURERC: PinnaclePoint Insurance Company 15137 INSURERD: Founders Insurance Company 14249 1855 Greyhound Park Road INSURERE: Dubuque IA 52001 INSURER F : COVERAGES CERTIFICATE NUMBER:2060082027 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 ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 3D53224 4/1/2021 4/1/2022 EACH OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR TED PREMISES (Ea oDAMAGE TO ccurrence) $ 500,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ❑ PRO- JECT ❑ LOC X PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY 3E53224 4/1/2021 4/1/2022 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY L $ B X UMBRELLA LAB X OCCUR ZUP-61 M53789-21 -NF 4/1/2021 4/1/2022 EACH OCCURRENCE $10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ In nnn $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WCP7003116 4/1/2021 4/1/2022 X PER OTH- STATUTE I I ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 500,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 D Liquor Liability ELIA103359 6/13/2021 6/13/2022 Occ/Agg 1MM/2MM DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Auto Physical Damage Comp/Coll Deductibles: $1,000/$1,000 The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers are additional insured on the General Liability policy on a primary, non-contributory basis subject to all terms and conditions of the policy forms. The Workers Compensation policy includes a waiver of subrogation in favor of the certificate holder per written contract between the named insured and the certificate holder that requires such a status subject to the terms and conditions of the endorsement attached to the policy. The Umbrella policy follows form subject to all terms and conditions of the policy. A waiver of Governmental Immunity is included on the General Liability policy subject to the terms and conditions of policy forms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Dubuque, Including all its boards, commissions ACCORDANCE WITH THE POLICY PROVISIONS. and/or authorities and their board members, employees and volunteers AUTHORIZED REPRESENTATIVE 50 W 13th St Dubuque IA 52001 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AFEMC INSURANCE EMC PROPERTY & CASUALTY COMPANY (13382) POLICY NUMBER: 3H5-32-24 --- 17 DUBUQUE RACING ASSOCIATION LTD EFF DATE: 04/01/16 EXP DATE: 04/01/17 W O R K E R S C O M P E N S A T I O N P 0 L I C Y D E C L A R A T I O N S ENDORSEMENT SCHEDULE EDITION FORM DATE DESCRIPTION/ADDITIONAL INFORMATION ------------------------------------------------------------------------------ *0405B 08-15 PRIVACY NOTICE *1150 06-15 QUESTIONS & ANSWERS ABOUT WC LAWS *IL1201A 01-86 CHANGE ENDORSEMENT *IL7004 12-12 MUTUAL POLICY PROVISIONS *IL7131A 04-01 COMM'L POLICY ENDORSEMENT SCHEDULE *IL8383.2A 01-15 DISCL PURSUANT TERRSM RISK INS. ACT *IL8576 09-09 MEDICARE IMPT NOTICE TO POLICYHOLDER *WCOOOOOOC 01-15 WC AND EMPLOYERS LIABILITY INSURANCE *WC000303C 10-04 EMPLOYERS LIABILITY COVERAGE STATE (S) : ND,WA,WY *WC000313 04-84 WAIVER OF OUR RIGHT TO RECOVER THIS AGREEMENT SHALL NOT OPERATE DIRECTLY OR INDIRECTLY TO BENEFIT ANYONE NOT NAMED BELOW: CITY OF DUBUQUE ******************************************** *WC000406A 07-95 PREMIUM DISCOUNT ENDORSEMENT *WC000414 07-90 NOTIFICATION OF CHANGE IN OWNERSHIP *WC000419 01-01 PREMIUM DUE DATE ENDORSEMENT *WC000421D 01-15 CATASTROPHE O/T CERT ACTS TERRORISM *WC000422B 01-15 TERRORISM REAUTHORIZATION ACT END. *WC7003A 09-86 WORKERS COMPENSATION SCHEDULE *WC7005 07-ll WC QUICK REFERENCE *WC8130 10-14 IMPORTANT NOTICE DATE OF ISSUE: 03/22/16 FORM: IL7131A (ED. 04-01) BPP A W WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Insured Effective Policy No. Endorsement No. Premium Insurance Company Countersigned by WC000313 (Ed. 4-84) 1983 National Council on Compensation Insurance. COMMERCIAL GENERAL LIABILITY CG 2414 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF GOVERNMENTAL IMMUNITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART We will waive, both in the adjustment of claims and in the defense of "suits" against the insured, any governmental immunity of the insured, unless the insured requests in writing that we not do so. Waiver of immunity as a defense will not subject us to liability for any portion of a claim or judgment in excess of the applicable limit of insurance. CG 24 14 04 13 (0 Insurance Services Office, Inc., 2012 Paae 1 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ELITE EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include the following clarifications and extensions of coverage. The provisions of the Coverage Form apply unless modified by endorsement. A. EXPECTED OR INTENDED INJURY The aggregate limit listed above is the most we will Section I — Coverage A, Exclusion a. is amended pay for all damages because of "property damage" as follows: to property in the care custody and control of or property loaned to an insured during the policy a. "Bodily injury" or "property damage" expected period. or intended from the standpoint of an insured. This exclusion does not apply to "bodily injury" Any payment we make for damages because of or "property damage" resulting from the use of "property damage" to property in the care, custody reasonable force to protect persons or property. and control of or property loaned to an insured will apply against the General Aggregate Limit shown in B. NON -OWNED WATERCRAFT the declarations. Section I — Coverage A, Exclusion g.(2) is amended as follows: (2) A watercraft you do not own that is: (a) Less than 60 feet long; and (b) Not being used to carry person(s) or property for a charge; C. EXTENDED PROPERTY DAMAGE COVERAGE Section I — Coverage A, Exclusions j.(3) and (4) is amended to add the following: Paragraphs (3) and (4) of this exclusion do not apply to tools or equipment loaned to you, provided they are not being used to perform operations at the time of loss. SCHEDULE Limits Of Insurance Deductible $5,000 Each Occurrence $250 Per Claim $10,000 Annual Aggregate The each occurrence limit listed above is the most we will pay for all damages because of "property damage" to property in the care, custody and control of or property loaned to an insured as the result of any one "occurrence", regardless of the number of: (1) insureds: (2) claims made or "suits" brought; (3) persons or organizations making claims or bringing "suits". b. Our obligation to pay damages on your behalf applies only to the amount of damages in excess of the deductible amount listed above. We may pay any part or all of the deductible amount listed above. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and upon notification by us, you will promptly reimburse us for that part of the deductible we paid. c. If two or more coverages apply under one "occurrence", only the highest per claim deductible applicable to these coverages will apply. d. Insurance provided by this provision is excess over any other insurance, whether primary, excess, contingent or any other basis. Since insurance provided by this endorsement is excess, we will have no duty to defend any claim or "suit" to which insurance provided by this endorsement applies if any other insurer has a duty to defend such a claim or "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. D. PROPERTY DAMAGE — ELEVATORS Section I — Coverage A.2. Exclusions paragraphs j.(3), j.(4), j.(6) and k. do not apply to use of elevators. This insurance afforded by this provision is excess over any valid and collectible property insurance (including any deductible) available to the insured and Section IV — Commercial General Liability Conditions paragraph 4. Other Insurance is changed accordingly. CG7578(5-15) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 6 E. FIRE, LIGHTNING OR EXPLOSION DAMAGE Except where it is used in the term "hostile fire", the word fire includes fire, lightning or explosion wherever it appears in the Coverage Form. Under Section I — Coverage A, the last paragraph (after the exclusions) is replaced with the following: Exclusions c. through n. do not apply to damage by fire, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. F. MEDICAL PAYMENTS If Section I — Coverage C. Medical Payments Coverage is not otherwise excluded from this Coverage Form: The requirement, in the Insuring Agreement of Coverage C., that expenses must be incurred and reported to us within one year of the accident date is changed to three years. G. SUPPLEMENTARY PAYMENTS Supplementary Payments — Coverages A and B paragraphs 1.b. and 1.d. are replaced by the following: 1.b.Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 1.d.All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. H. SUBSIDIARIES AS INSUREDS Section II — Who Is An Insured is amended to add the following: 1.f. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of this policy. However, insured does not include any subsidiary that is an insured under any other general liability policy, or would have been an insured under such a policy but for termination of that policy or the exhaustion of that policy's limits of liability. I. BLANKET ADDITIONAL INSUREDS — AS REQUIRED BY CONTRACT 1. Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) subject to provisions in Paragraph 2. below, (hereinafter referred to as additional insured) when you and such person(s) or organization(s) have agreed in a written contract or written agreement that such person(s) or organization(s) be added as an additional insured on your policy provided that the written contract or agreement is: a. Currently in effect or becomes effective during the policy period; and b. Executed prior to an "occurrence" or offense to which this insurance would apply. However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; and c. Applies only if the person or organization is not specifically named as an additional insured under any other provision of, or endorsement added to, Section II — Who Is An Insured of this policy. As provided herein, the insurance coverage provided to such additional insureds is limited to: a. Any Controlling Interest, but only with respect to their liability arising out of their financial control of you; or premises they own, maintain, or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. b. Any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury', "property damage" or "personal and advertising injury' arising out of the rendering of or the failure to render any professional services by or for you, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. CG7578(5-15) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 2 of 6 This exclusion applies even if the claims This insurance does not apply to: against any insured allege negligence or a " (�Bodil Y injury", "property damage" or other wrongdoing in the supervision, hiring, "personal and advertising injury" employment, training or monitoring of arising out of operations performed others by that insured, if the "occurrence" for the federal government, state or which caused the "bodily injury" or municipality; or "property damage", or the offense which caused the "personal and advertising (b) "Bodily injury" or "property damage" injury", involved the rendering of or the included within the "products - failure to render any professional services completed operations hazard". by or for you, e. Any vendor, but only with respect to "bodily c. Any manager or lessor of a premises injury' or "property damage" arising out of leased to you, but only with respect to "your products" which are distributed or sold liability arising out of the ownership, in the regular course of the vendor's maintenance or use of that part of a business. premises leased to you, subject to the With respect to the insurance afforded to following additional exclusions: these vendors, the following additional This insurance does not apply to: exclusions apply: (1) Any "occurrence" which takes place (1) The insurance afforded any vendor does after you cease to be a tenant in that not apply to: premises. (a) "Bodily injury" or "property damage" (2) Structural alterations, new construction for which any vendor is obligated to or demolition operations performed by pay damages by reason of the or on behalf of such additional insured. assumption of liability in a contract or agreement. This exclusion does not d. Any state or governmental agency or apply to liability for damages that any subdivision or political subdivision, subject to vendor would have in the absence of the following: the contract or agreement; (1) This insurance applies only with respect (b) Any express warranty unauthorized to the following hazards for which any by you; state or governmental agency or subdivision or political subdivision has (c) Any physical or chemical change in issued a permit or authorization in the product made intentionally by connection with premises you own, rent any vendor; or control and to which this insurance (d) Repackaging, except when applies: unpacked solely for the purpose of (a) The existence, maintenance, repair, inspection, demonstration, testing, construction, erection or removal of or the substitution of parts under advertising signs, awnings, instructions from the manufacturer, canopies, cellar entrances, coal and then repackaged in the original holes, driveways, manholes, container; marquees, hoist away openings, (e) Any failure to make such sidewalk vaults, street banners or inspections, adjustments, tests or decorations and similar exposures; servicing as any vendor has or agreed to make or normally (b) The construction, erection or undertakes to make in the usual removal of elevators; or course of business, in connection with the distribution or sale of the (c) The ownership, maintenance or use products; of any elevators covered by this insurance. (f) Demonstration, installation, (2) This insurance applies only with respect servicing or repair operations, except such operations performed to operations performed by you or on at any vendor's premises in your behalf for which any state or connection with the sale of the governmental agency or subdivision or product; political subdivision has issued a permit or authorization. (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for any vendor; or CG7578(5-15) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 3 of 6 (h) "Bodily injury" or "property damage" arising out of the sole negligence of any vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as any vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. f. Any Mortgagee, Assignee Or Receiver, but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. g. Any Owners Or Other Interests From Whom Land Has Been Leased, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: (1) This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land; (b) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. h. Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. i. Any Owners, Lessees, or Contractors for whom you are performing operations, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. (2) "Bodily injury" or "property damage" occurring after: CG7578(5-15) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 4 of 6 (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. j. Any Grantor of Licenses to you, but only with respect to their liability as grantor of licenses to you. Their status as additional insured under this endorsement ends when: 1. The license granted to you by such person(s) or organization(s) expires; or 2. Your license is terminated or revoked by such person(s) or organization(s) prior to expiration of the license as stipulated by the contract or agreement. k. Any Grantor of Franchise, but only with respect to their liability as grantor of a franchise to you. I. Any Co-owner of Insured Premises, but only with respect to their liability as co- owner of any insured premises. m. Any Concessionaires Trading Under Your Name, but only with respect to their liability as a concessionaire trading under your name. 3. Any insurance provided to any additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence or willful misconduct of the additional insured or its agents, "employees' or any other representative of the additional insured. 4. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. J. COVERAGE FOR INJURY TO CO -EMPLOYEES AND/OR YOUR OTHER VOLUNTEER WORKERS Section II — Who is an Insured, paragraph 2.a. (1) is amended to add the following: e. Paragraphs (a), (b), and (c) do not apply to your "employees" or "volunteer workers" with respect to "bodily injury" to a co -"employee" or other "volunteer worker'. Damages owed to an injured co -"employee" or "volunteer worker" will be reduced by any amount paid or available to the injured co - "employee" or "volunteer worker' under any other valid and collectible insurance. K. HEALTH CARE SERVICE PROFESSIONALS AS INSUREDS - INCIDENTAL MALPRACTICE Section II — Who is an Insured, paragraph 2.a. (1) (d) is amended as follows: This provision does not apply to Nurses, Emergency Medical Technicians, or Paramedics who provide professional health care services on your behalf. However this exception does not apply if you are in the business or occupation of providing any such professional services. L. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Section II — Who Is An Insured, paragraph 3.a. is replaced by the following: 3.a. Coverage under this provision is afforded until the end of the policy period. This provision does not apply if newly formed or acquired organizations coverage is excluded either by the provisions of the Coverage Form or by endorsements. M. DAMAGE TO PREMISES RENTED TO YOU Section III — Limits of Insurance, paragraph 6. is replaced by the following: Subject to 5.a. above, the Damage To Premises Rented To You Limit, or. whichever is ..................... higher, is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, smoke or leakage from automatic protection systems, while rented to you or temporarily occupied by you with permission of the owner. If coverage provided to any additional insured N. MEDICAL PAYMENTS — INCREASED LIMITS is required by a contract or agreement, the Section III — Limits of Insurance, paragraph 7. is most we will pay on behalf of the additional replaced by the following: insured is the amount of insurance: 7. Subject to paragraph 5. above, the Medical a. Required by the contract or agreement; or Expense Limit is the most we will pay under b. Available under the applicable Limits of Coverage C for all medical expenses because Insurance shown in the Declarations; of "bodily injury" sustained by any one person, whichever is less. and will be the higher of: (a)_#or CG7578(5-15) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 5 of 6 (b) The amount shown on the ❑eclarations of this Coverage Part for Medical Expense Limit. O. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Section IV — Commercial General Liability Conditions paragraph 2. is amended to add the following: e. The requirement in Condition 2.a. that you must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim, applies only when the "occurrence" or offense is known to: (1) You, if you are an individual or a limited liability company; (2) A partner, if you are a partnership; (3) A member or manager, if you are a limited liability company; (4) An "executive officer" or insurance manager, if you are a corporation; or (5) A trustee, if you are a trust. f. The requirement in Condition 2.b. that you must see to it that we receive notice of a claim or "suit" as soon as practicable will not be considered breached unless the breach occurs after such claim or "suit" is known to: (1) You, if you are an individual or a limited liability company; (2) A partner, if you are a partnership; (3) A member or manager, if you are a limited liability company; (4) An "executive officer" or insurance manager, if you are a corporation; or (5) A trustee, if you are a trust. P. PRIMARY AND NONCONTRIBUTORY — ADDITIONAL INSURED EXTENSION Section IV — Commercial General Liability Conditions paragraph 4. Other Insurance is amended to add the following: This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. However, if the additional insured has been added as an additional insured on other policies, whether primary, excess, contingent or on any other basis, this insurance is excess over any other insurance regardless of the written agreement between you and an additional insured. Q. UNINTENTIONAL FAILURE TO DISCLOSE EXPOSURES Section IV — Commercial General Liability Conditions paragraph 6. Representations is amended to add the following: If you unintentionally fail to disclose any exposures existing at the inception date of your policy, we will not deny coverage under the Coverage Form solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. R. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Section IV — Commercial General Liability Condition paragraph 8. Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products completed operations hazard". S. MENTAL ANGUISH Section V — Definition 3. is replaced by the following "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from bodily injury, sickness or disease. T. LIBERALIZATION If we revise this endorsement to provide greater coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. 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