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HomeMy WebLinkAboutAmerican Ice/ Ice Net Inc. - Kimball Park - 2025 Docusign Envelope ID:BD17FCB6-25OC-469E-8CF9-68114F5D460F 0_ CALIFORNIA-� NATIONAL CITY NC0RP0RATE1 COMMUNITY SERVICES SERVICE AGREEMENT This Community Services Service Agreement("Agreement") is made and entered into by and between the CITY OF NATIONAL CITY, a general law City and municipal corporation ("CITY"), and American Ice/ Ice Net Inc. ("CONTRACTOR")who agree as follows: 1. Services to be Performed by CONTRACTOR: The CONTRACTOR makes the following representations and agrees to do the work described in accordance with the stated terms and conditions herein. 2. Description of Services Deliver and prepare 40 tons of snow for a snow scene Date: Saturday, Dec 13, 2025 Start Time: 6:00 am End Time: 10:00amLocation: Kimball Park Parking Lot on A Avenue. (E 1211 St. National City CA 91950) 3. Term: The term of this Agreement shall commence on the 13 day of December, 2025, and shall terminate on the 13 day of December, 2025 unless earlier terminated pursuant to Section 11. 4. Compensation: The following shall be the terms of payment to CONTRACTOR for services rendered: Total Fee for Services Not to Exceed: $10,000 Payment Terms: CITY will make payment with check on Saturday, December 13, 2025 5. Method of Payment: The compensation provided in Section 4 shall be paid in full upon completion of services rendered. The compensation provided in Section 4 shall be paid by CITY in the amount of$10,000. 6. Independent CONTRACTOR: For all purposes, CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. CONTRACTOR has and shall retain the right to exercise full control and supervision of all persons assisting the CONTRACTOR in the performance of the services hereunder, the CITY only being concerned with the finished results of the work being performed.As such, the CONTRACTOR and CONTRACTOR's employees are not entitled to any of the rights, benefits, or privileges of a CITY employee including, but not limited to, overtime, medical or Workers' Compensation Insurance, retirement benefits, or injury or other leave benefits. CONTRACTOR is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters. CONTRACTOR's employees providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit, including, but not limited to, eligibility to enroll in California Public Employees Retirement System ("PERS") as an employee of CITY and entitlement to any contributions to be paid by CITY for employer contributions and/or employee contributions for PERS benefits. 7. Indemnity:To the fullest extent available under the law,the CONTRACTOR agrees to defend(with counsel acceptable to CITY), indemnify and hold harmless the CITY and its respective officers, officials, agents, employees, and volunteers (collectively "INDEMNITEES") against and from any and all claims, demands, liabilities, losses, damages to property, injuries to, or death of any person or persons, and costs (including attorneys' fees and expert costs), of any kind or nature whatsoever, resulting from or arising out of: (a)this Agreement; (b)the CONTRACTOR'S performance or failure to perform the services; (c) any act or omission of the CONTRACTOR or its employees, agents or subcontractors or their violation of any law; or(d) alleged PERS eligibility of any person performing services on CONTRACTOR's behalf or any employer and employee contributions for PERS benefits on behalf of such persons as well as for payment of any penalties and interest on such contributions. This section survives termination of this Agreement. 8. Insurance: CONTRACTOR shall obtain and maintain Commercial General Liability ("CGL") Insurance, Commercial Automobile Liability Insurance (Any Auto), Sexual Abuse and Molestation Insurance and Worker's Compensation and Employer's Liability coverage, minimum of $1,000,000 each occurrence, and $2,000,000 general aggregate; AND an Additional Insured Endorsement naming the INDEMNITEES as additional insured. All defense costs shall be outside the policy limits. If the CONTRACTOR maintains higher limits, INDEMNITEES shall be entitled to coverage for the higher limits maintained by the CONTRACTOR.Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to INDEMNITEES. CGL and auto liability policies shall be endorsed to provide that the policies are primary and non-contributory to any insurance that may be carried by INDEMNITEES, which shall September 2025 Docusign Envelope ID:BDI7FCB6-250C-469E-8CF9-66114F5D460F be submitted to the CITY. Any insurance or self-insurance maintained by INDEMNITEES shall be excess of the CONTRACTOR's insurance and shall not contribute with it. The CONTRACTOR shall provide an endorsement that the workers compensation insurer waives the right of subrogation against INDEMNITEES. 9. Commencement of Services: CONTRACTOR shall not commence the performance of services under this Agreement until the required insurance is approved by the City's Risk Manager. 10. Termination: This Agreement may be terminated by the CITY upon one(1) day's written notice. 11. Form W-9: CONTRACTOR shall provide the CITY a signed IRS Form W-9: Request for Taxpayer Identification Number and Certification. 12. Changes: This Agreement shall not be assigned or transferred without the prior written consent of the CITY. No changes or variations of any kind in the Agreement or the services to be performed are authorized without the prior written consent of the CITY. 13. Compliance with Law: The CONTRACTOR represents and warrants that CONTRACTOR is familiar with the requirements of all applicable federal, state and local laws and ordinances applicable to performing the services, including, but not limited to, AB506 (Business and Professions Code section 18975) and the Child Abuse and Neglect Reporting Act (Penal Code sections 11164 - 11174.3), unemployment insurance benefits, FICA laws, and income reports, and that it and each and every person performing any of the services on CONTRACTOR's behalf does and will, at all times, comply with such requirements whether now in force or subsequently enacted. 14. Signing Authority: The representative signing on the CONTRACTOR's behalf hereby(a)declares that authority has been obtained to sign on the CONTRACTOR's behalf; (b)agrees to hold INDEMNITEES harmless if it is later determined that such authority does not exist; (c) declares that such representative has read and understood this Agreement; and (d) agrees on CONTRACTOR's behalf to be bound by the terms and conditio s herein. City of National C y: Contractor Name American Ice Co. Prepared by Zaid Jurado Date 10/22/2025 Representative Name Carlos Shannon Title Recreatio u 31 ne d by: Title Assist nt n comer Approved Date�� Z Signature Title nci��G G��y MnNAGEP, Date 10/28/2025 Phone (619) 551.6955 Check: Q Insurance submitted and approved Address 390 Front St El Cajon Ca 92020 APPROVED AS TO FORM (For low-risks contracts below$20,000) Email anytimeiceman@aol.com By: Barry Yvultz., City Attorney September 2025 AMERICAN ICE/ICE NET INC 390 FRONT STREET EL CAJON, CA. OFFICE # 619-423-6666 EMAIL ice579@yahao.com INVOICE # 4569 Date 10/ 1/25 Customer: Community service Dept., City of National City 1.Snow Scene tonnage -40 tons Price: 250.p/ton $10,0 0 Grand Total $10,0C 0 Delivery date 12/13/25 ACC)R& DATE(MMIDbIYYYY) �. CERTIFICATE OF LIABILITY INSURANCE ,0/2212025 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 pollCy(les) 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 endorsoment(s). PRODUCER CONTACT NAME: San Sartry Custorigr Service Sentry InsirartGe PHONE FAX 18CO North Point Drive A!C Me Ect: 800-473-6879 AIC No):.800-514-7191 Stevens Point,WI54481 EMAIL ADDRESS: business roducls direct seal .com INSURER(S)AFFORDING COVERAGE Ni INSURER A;Micdlasex Insurance Company 123434 INSURED INSURER B Ice Not Ino DBA American Ice Go. INSURER C: 390 Front St --' El Cajon,CA 92020-4208 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:4431730 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. INSn TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP mm ' LIMITS LTR INSR WVD MMrDD!YYYY MMIDDiYYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,C00 CLAIMS-MADE OCCUR DAh1AG=TC RENTED $509,900 PREMISES Ea occurronce MED EXP(Any one person) $5.000 A X X A0289570003 09/0112025 09101;2026 PERSONAL B ADV INJURY $1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY ❑ PRO- ❑LOC PRODUCTS-COMP/OP AGO $2.000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBiNFD SINGLE LIMIT $1,000,Q00 Ea accldonl X ANY AUTO BODILY INJURY(Per person) $ A AOWNE ONLY SCHEDULED A0289570001 09/01/2025 09/0P2026 DODILY INJURY(Per accident) $ UTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accldenl H X UMBRELLA LIAO N OCCUR EACH OCCURRENCE $2,000,WO A X EXCESS LIAB CLAIh1S-MADE A0289570004 09/01;2025 09/0112026 AGGREGATE 32,000,000 LED RETENTION$ PRODUCTS-COMP/OP AGO $2,000,000 WORKERS COMPENSATION STATUTE ERH- AND EMPLOYERS'LIABILITY ANY PHOPRIETOR/PARTNEP/EXECUTIVE Y J N E.L.EACH ACCIDENT $ OFFICEMMEMBER EXCLUDED? NIA(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ It yes,describe unde, DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional nemerke Schedule,may be attached II more space Is required) Rater to attached CERTIFICATE HOLDER CANCELLATION CtycfNational City SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Community Services Dept. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 140 E 121h St Ste B ACCORDANCE WITH THE POLICY PROVISIONS. National City,CA 91950-3323 AUTHORIZED REPRESENTATIVE . /47 ACORD 25(2016iO3) Page 1 of 2 ©1988-2015 ACORD CORPORATION.All rights reserved. A0289570 The ACORD name and logo are registered marks of ACORD 10/22/2025 Middlesex Insurance Company 2080931-9616 4r4C 9340-7835do093816 — AGENCY CUSTOMER ID: xxxxxx2194 ACURX7® Loc#: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMEDINSURED Ice Net Inc DBA American Ice Co. Jonathan Beeman POLICY NUMBER A0289570003 CARRIER NAIC CODE Mlddiesex Insurance Company 23434 EFFECTIVE DATE:09101l2025 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of LlabilftY Insurance General Liability GL Coverage provided is primary and non-contributory per the terms of endorsement CG 20 01. ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. A0289570 The ACORD name and logo are registered marks of ACORD 10/22/2025 Middlesex Insurance Company 2c8e9931-9616-4c40-9348-7635deo93816 POLICY NUMBER: A0289570003 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s)Of Covered Operations City of National City 140 E 12th St Ste B National City, CA 91950-3323 Community Services Dept. Description: Delivery Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", This insurance does not apply to "bodily injury" or "property damage" or "personal and advertising "property damage" occurring after: injury"caused, in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs)to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or law; and subcontractor engaged in performing 2. If coverage provided to the additional insured operations for a principal as a part of the same is required by a contract or agreement, the project. insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Change effective 10/22/2025 CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 A0289570 10/22/2025 Middlesex Insurance Company b1628545-880c-4d5a-b8c4-c4802f 182ba5 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III -Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Change effective 10/22/2025 Page 2 of 2 © Insurance Services Office, Inc.,2018 CG 20 10 12 19 A0289570 10/22/2025 Middlesex Insurance Company b1628545-a80cA d5a-b8c4-c4802H82ba5 POLICY NUMBER: A0289570003 COMMERCIAL GENERAL LIABILITY CG24041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organ ization(s): City of National City Community Services Dept. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV-Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s)or organization(s)prior to loss. This endorsement applies only to the person(s) or organization(s)shown in the Schedule above. Change effective 10/22/2025 CG 24 04 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 A0289570 10/22/2025 Middlesex Insurance Company 5b409770-99cb-4ti35-9201-5d97b9171001 COMMERCIAL GENERAL LIABILITY CG 71 24 06 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSUREDS, PRIMARY & NONCONTRIBUTORY, WAIVER OF SUBROGATION This endorsement modifies the coverage provided under the following Coverage Form(s): COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Coverage enhancements are listed below. For details of each coverage, please read the corresponding policy provisions in the body of this endorsement. 1. Additional Insureds -Automatic Status for 12 Additional Insured Types A. Automatic Status When Required in Written Contract Or Agreement(for Acts or Omissions In The Performance of Your Operations) B. Lessor of Leased Equipment C. Owners or Other Interests From Whom Land Has Been Leased D. Manager or Lessor of Premise E. Mortgagee,Assignee, or Receiver F. Controlling Interest G. Co-owner Of Insured Premises H. Executors,Administrators, Trustees Or Beneficiaries I. State Or Governmental Agency Or Subdivision Or Political Subdivision-Permits Or Authorizations Relating To Premises J. Any Person Or Organization You Are Performing Work For K. Vendors L. Grantor of Franchise 2. Primary and Noncontributory-Other Insurance Condition 3. Waiver Of Transfer Of Rights Of Recovery Against Others To Us (Waiver Of Subrogation) - Automatic With respect to the coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. 1. Additional Insureds -Automatic Status for 12 A. Automatic Status When Required In Written Additional Insured Types Contract Or Agreement (for Acts or Section 11 - Who Is An Insured is amended to Omissions In The Performance of Your include the following as additional insureds when Operations) you have agreed to add that person or 1) A person or organization with respect to organization as an Additional Insured on your liability for: policy in a written contract or written agreement a. "Bodily injury" or "property damage" with that person or organization, or because of a not included in the "products- permit issued by a state or political subdivision; completed operations hazard"; or provided the injury or damage occurs subsequent to the execution of the contract or agreement or b. "Personal and advertising injury"; issuance of the permit and while the contract, caused by,in whole or in part, your acts or agreement or permit remains in effect. omissions or the acts or omissions of those acting on your behalf in the performance of your operations. CG 7124 06 22 Includes copyrighted material of Insurance Services Office, Inc., Pagel of 5 A0289570 with its permission. 10/22/2025 Middlesex Insurance Company 53ed10ad-504-410 b01d 009bb1319e 0027020044363299449292020420690 2) With respect to insurance afforded to This exclusion applies even if the claims these additional insureds, the following against any insured allege negligence or additional exclusion applies: other wrongdoing in the supervision, This insurance does not apply to "bodily hiring, employment, training or injury", "property damage" or "personal monitoring of others by that insured, if and advertising injury" due to rendering of the 'occurrence" which caused the or failure to render any professional "bodily Injury" or "property damage", or service.This includes but is not limited to: the offense which caused the"personal a. Legal, accounting or advertising and advertising injury", involved the services; rendering of or failure to render any b. Preparing, approving, or failing to professional service. prepare or approve, maps, shop B. Lessor of Leased Equipment drawings, opinions, reports, surveys, 1) Any person(s) or organization(s) with field orders, change orders or drawings respect to liability for "bodily injury", or specifications; "property damage" or "personal and c. Inspection, supervision, quality control, advertising injury" caused, in whole or in architectural or engineering activities part, by your maintenance, operation or done by or for you on a project on use of equipment leased to you by such which you serve as construction person(s)or organization(s). manager; 2) With respect to the insurance afforded to d. Engineering services, including related these additional insureds, this insurance supervisory or inspection services; does not apply to any 'occurrence" which e. Medical, surgical, dental, X-ray or takes place after the equipment lease nursing services treatment, advice or expires. instruction; C. Owners or Other Interests From Whom f. Any health or therapeutic service Land Has Been Leased treatment, advice or instruction; 1) Any person(s) or organization(s) with g. Any service, treatment, advice or respect to liability for "bodily injury", instruction for the purpose of "property damage" or "personal and appearance or skin enhancement, hair advertising injury" caused, in whole or in removal or replacement, or personal part, by you or those acting on your behalf grooming or therapy; in connection with the ownership, h. Any service, treatment, advice or maintenance or use of that part of the land instruction relating to physical fitness, leased to you by the additional insured including service, treatment, advice or person(s)or organization(s). instruction in connection with diet, 2) With respect to the insurance afforded to cardiovascular fitness, bodybuilding or these additional insureds, the following physical training programs; i. Optometry or optical or hearing aid additional exclusions apply: services including the prescribing, This insurance does not apply to: preparation, fitting, demonstration or a. Any "occurrence" which takes place distribution of ophthalmic lenses and after you cease to lease that land; similar products or hearing aid devices; b. Structural alterations, new construction j. Body piercing services; or demolition operations performed by k. Services in the practice of pharmacy; or on behalf of the additional insured I. Law enforcement or firefighting person(s)or organization(s). services; and m. Handling, embalming, disposal, burial, cremation or disinterment of dead bodies. Page 2 of 5 includes copyrighted material of Insurance Services Office, Inc., CG 7124 06 22 A0289570 with its permission. 10r2v2025 Middlesex Insurance Company 53ad18ad-5e94.41cb-bBlb-c3a39bbl319e 0027020044383299449292020420090 D. Manager or Lessor of Premise I. State Or Governmental Agency Or Any person(s) or organization(s) with respect Subdivision Or Political Subdivision - to liability for "bodily injury", "property Permits Or Authorizations Relating To damage" or "personal and advertising injury" Premises caused, in whole or in part, by you or those Any state or governmental agency or acting on your behalf in connection with the subdivision or political subdivision, subject to ownership, maintenance or use of that part of the following additional provision: the premises leased to you by the additional This insurance applies only with respect to the insured person(s)or organization(s), subject to following hazards for which the state or the following additional exclusions: governmental agency or subdivision or This insurance does not apply to: political subdivision has issued a permit or 1) Any "occurrence" which takes place after authorization In connection with premises you you cease to be a tenant in that premises. own, rent or control and to which this 2) Structural alterations, new construction or insurance applies: demolition operations performed by or on 1) The existence, maintenance, repair, behalf of the person(s) or organization(s) construction, erection or removal of shown in the Schedule. advertising signs,awnings, canopies,cellar entrances, coal holes, driveways, E. Mortgagee,Assignee,or Receiver manholes, marquees, hoist away openings, Any person(s) or organization(s) with respect sidewalk vaults, street banners or to their liability as mortgagee, assignee or decorations and similar exposures; or receiver and arising out of the ownership, 2) The construction, erection or removal of maintenance or use of a premises by you. elevators; or This insurance does not apply to structural 3) The ownership, maintenance or use of any alterations, new construction and demolition elevators covered by this insurance. operations performed by or for such additional An Person Or Organization You Are insured person(s)or organization(s). y g F. Controlling Interest Performing Work For Any person(s) or organization(s) with respect 1) Any person(s) or organization(s) with to liability for "bodily injury", "property respect to their liability arising out of: damage" or "personal and advertising injury" a. Their financial control of you; or caused, in whole or in part, by your acts or b. Premises they own, maintain or control omissions or the acts or omissions of those while you lease or occupy these acting on your behalf: premises. 1) In the performance of your ongoing 2) This insurance does not apply to structural operations;or alterations, new construction and 2) In connection with your premises owned demolition operations performed by or for by or rented to you. that person or organization. K. Vendors G. Co-owner Of Insured Premises 1) Any person(s)or organization(s)(referred to Any person(s) or organization(s) with respect throughout this endorsement as vendor), to their liability as co-owner of a premises but only with respect to liability for "bodily coowned by you and covered under this injury" or "property damage" arising out of insurance. "your products" which are distributed or H. Executors, Administrators, Trustees Or sold in the regular course of the vendor's Beneficiaries business. Any executor, administrator, trustee or However: beneficiary of your estate or living trust while a. The insurance afforded to such vendor acting within the scope of their duties as such. only applies to the extent permitted by law; and CG 7124 06 22 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 5 A0289570 with its permission. 10/22/2025 Middlesex Insurance Company 53ed18ad-504-41cb-b81b-c3a39bb1319e 0027020044383299449292020420690 b. If coverage provided to the vendor is 8) 'Bodily injury"or"property damage" required by a contract or agreement, arising out of the sole negligence of the insurance afforded to such vendor the vendor for its own acts or will not be broader than that which you omissions or those of its employees are required by the contract or or anyone else acting on its behalf. agreement to provide for such vendor. However, this exclusion does not 2) With respect to the insurance afforded to apply to: these vendors, the following additional (1)The exceptions contained in exclusions apply: Subparagraphs d.or f.;or a. The insurance afforded the vendor (2) Such inspections, adjustments, does not apply to: tests or servicing as the vendor 1) "Bodily injury"or"property damage" has agreed to make or normally for which the vendor is obligated to undertakes to make in the usual pay damages by reason of the course of business, in assumption of liability in a contract connection with the distribution or agreement. This exclusion does or sale of the products. not apply to liability for damages b. This insurance does not apply to any that the vendor would have in the insured person or organization, from absence of the contract or whom you have acquired such agreement; products, or any ingredient, part or 2) Any express warranty unauthorized container, entering into, accompanying by you; or containing such products. 3) Any physical or chemical change in L. Grantor of Franchise the product made intentionally by Any person(s) or organization(s) with respect the vendor, to their liability as grantor of a franchise to you. 4) Repackaging, except when However: unpacked solely for the purpose of 1. The insurance afforded to such additional inspection, demonstration, testing, insureds only applies to the extent permitted or the substitution of parts under by law; and instructions from the manufacturer, and then repackaged in the original 2. If coverage provided to the additional insured container; is required by a contract or agreement, the 5) Any failure to make such insurance afforded to such additional insured inspections, adjustments, tests or will not be broader than that which you are servicing as the vendor has agreed required by the contract or agreement to to make or normally undertakes to provide for such additional insured. make in the usual course of With respect to the insurance afforded to these business, in connection with the additional insureds, the following is added to distribution or sale of the products; Section III •Limits Of Insurance: 6) Demonstration, installation, If coverage provided to the additional insured is servicing or repair operations, required by a contract or agreement,the most we except such operations performed will pay on behalf of the additional insured is the at the vendor's premises in amount of insurance: connection with the sale of the 1. Required by the contract or agreement;or product; 2. Available under the applicable limits of 7) Products which, after distribution or insurance; sale by you, have been labeled or whichever is less. relabeled or used as a container, part or Ingredient of any other thing This endorsement shall not increase the or substance by or for the vendor; applicable limits of insurance. or If there is any difference in coverage afforded to an additional insured in this endorsement and Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 7124 06 22 A0289570 with its permission. 10/22/2025 Middlesex Insurance Company 53ad16ad-5e94-41cb-b61b-c3a39bb13198 0027020041383299449292020420690 that provided under another additional insured any other insurance available to the additional endorsement attached to this policy, the broader insured. coverage will apply to that additional insured. 3. Waiver Of Transfer Of Rights Of Recovery 2. Primary And Noncontributory Insurance Against Others To Us(Waiver Of Subrogation) - The following is added to the Other Insurance Automatic Condition and supersedes any provision to the The following is added to Paragraph 8. Transfer contrary: Of Rights Of Recovery Against Others To Us of This insurance is primary to and will not seek Section IV-Conditions: contribution from any other insurance available to We waive any right of recovery against any an additional insured under your policy provided person or organization, because of any payment that: we make under this Coverage Part, to whom the (1) The additional insured is a Named Insured insured has waived its right of recovery in a under such other insurance; and written contract or agreement. Such waiver by us applies only to the extent that the insured has (2) You have agreed in writing in a contract or waived its right of recovery against such person agreement that this insurance would be or organization prior to loss. primary and would not seek contribution from CG 71 24 06 22 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 5 A0289570 with its permission. 10/22/2025 Middlesex Insurarce Company 53ed18ad-5e94-41cb-b81bc3a39bb1319e 0027020044383299449292020420690