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21-087 Richard Yau, Program and Project Management Consultant ServicesProgram and Project Management Consultant Services
Master Professional/Specialized Services Agreement/ Rev. June 2021
Page 1 of 9
MASTER PROFESSIONAL/SPECIALIZED SERVICES
AGREEMENT WITH RICHARD YAU
1. PARTIES
This Master Agreement is made by and between the City of Cupertino, a municipal corporation
(“City”), and Richard Yau (“Contractor”) a Sole Proprietorship/Individual for Program and Project
Management Consultant Services, and is effective on the last date signed below (“Effective
Date”).
2. SERVICES
2.1 Scope of Services. Contractor agrees to provide the Services set forth in the Scope of
Services, attached and incorporated here as Exhibit A, on an as-needed basis. The Services must
comply with this Agreement and with each Service Order issued by the City’s Project Manager or
his/her designee, in accordance with the following procedures, unless otherwise specified in Exhibit
A. Contractor further agrees to carry out its work in compliance with the City’s Shelter In Place and
Social Distancing Requirements, attached here and incorporated as Exhibit A-A.
2.2 Service Orders. Before issuing a Service Order, the City Project Manager will request
Services in writing and hold a meeting with Contractor to discuss the Service Order. Contractor will
submit a written proposal that includes a specific Scope of Services, Schedule of Performance, and
Compensation, which the Parties will discuss. Thereafter, City will execute a Service Order Form for
the Services, attached and incorporated here as Exhibit B. The Service Order will specify the Scope
of Services, Schedule of Performance, Compensation, and any other conditions applicable to the
Service Order. Issuance of a Purchase Order is discretionary. The City Project Manager is authorized
to streamline these procedures based on the City’s best interests. Contractor will not be compensated
for Services performed without a duly authorized and executed Service Order.
3. TIME OF PERFORMANCE
3.1 Term. This Agreement begins on the Effective Date and ends on June 30, 2024
(“Contract Time”), unless terminated earlier as provided herein. The City’s appropriate
department head or City Manager may extend the Contract Time through a written
amendment to this Agreement, provided such extension does not include additional contract
funds. Extensions requiring additional contract funds are subject to the City’s purchasing
policy.
3.2 Schedule of Performance. Contractor must deliver the Services within the time specified
in each Service Order, and under no circumstances should the Services go beyond the Contract
Time.
3.3 Time is of the essence for the performance of all the Services required in this Agreement and
in each Service Order. Contractor must have sufficient time, resources and qualified staff to deliver
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Master Professional/Specialized Services Agreement/ Rev. June 2021
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the Services on time. Contractor must respond promptly to each Service Order request.
4. COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the
Services a total amount that will based upon actual costs but that will be capped so as not to exceed
$125,000.00 (“Contract Price”), based upon the Scope of Services in Exhibit A and the budget and
rates included. The maximum compensation includes all expenses and reimbursements and will
remain in place even if Contractor’s actual costs exceed the capped amount.
4.2 Per Service Order. Compensation for Services provided under a Service Order will be
based on the rates set forth in the Service Order, which shall not exceed the capped amount
specified in the Service Order.
4.3 Invoices and Payments. Except as otherwise provided in a Purchase Order, monthly
invoices must state a description of the deliverables completed and the amount due for the
preceding month. Thirty (30) days prior to expiration of the Agreement, Contractor must submit a
requisition for final and complete payment of costs and pending claims for City approval.
Noncompliance with this requirement relieves City of any further payment or other obligations
under the Agreement.
5. INDEPENDENT CONTRACTOR
5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint
venture of City. Contractor is solely responsible for the means and methods of performing the
Services and for the persons hired to work under this Agreement. Contractor is not entitled to health
benefits, worker’s compensation, or other benefits from the City.
5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors
that they have the qualifications and skills to perform the Services in a competent and professional
manner and according to the highest standards and best practices in the industry.
5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that
they are properly licensed, registered, and/or certified to perform the Services as required by law
and have procured a City Business License, if required by the Cupertino Municipal Code.
5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement.
Prior written approval from City is required for any subcontractor, and the terms and conditions of
this Agreement will apply to any approved subcontractor.
5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials, and
equipment required to perform the Services under this Agreement.
5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor
and any of its employees, agents, and subcontractors shall not have any claim under this Agreement
or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off,
overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability,
Program and Project Management Consultant Services
Master Professional/Specialized Services Agreement/ Rev. June 2021
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unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely
liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable
to Contractor’s business including, but not limited to, federal and state income taxes. City shall
have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor.
Should any court, arbitrator, or administrative authority, including but not limited to the California
Public Employees Retirement System (PERS), the Internal Revenue Service or the State
Employment Development Division, determine that Contractor, or any of its employees, agents, or
subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts
payable under this Agreement, or to promptly remint to City any payments due by the City as a
result of such determination, so that the City’s total expenses under this Agreement are not greater
than they would have been had the determination not been made.
6. PROPRIETARY/CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information owned
or controlled by the City, which may contain proprietary or confidential details the disclosure of which
to third parties may be damaging to City. Contractor shall hold in confidence all City information and
use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City
information as a reasonably prudent contractor would use to protect its own proprietary data.
7. OWNERSHIP OF MATERIALS
7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product,
memoranda, study, report, map, plan, drawing, specification, data, record, document, or other
information or work, in any medium (collectively, “Work Product”), prepared by Contractor in
connection with this Agreement will be the exclusive property of the City upon completion of the
work to be performed hereunder or upon termination of this Agreement, to the extent requested by
City. In any case, no Work Product shall be shown to any third-party without prior written approval
of City.
7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out
of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the
property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor
may use copies of the Work Product for promotion only with City’s written approval.
7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized
use of any third party intellectual property, including but not limited to patented, trademarked, or
copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement.
7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may
use or modify the Work Product of Contractor or its sub-Contractors, prepared or created under this
Agreement, to execute or implement any of the following:
(a) The original Services for which Contractor was hired;
(b) Completion of the original Services by others;
(c) Subsequent additions to the original Services; and/or
(d) Other City projects.
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7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work
Product, on recycled paper and copied on both sides, except for one single-sided original.
8. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in
accordance with generally accepted accounting principles. The records must include detailed
information of Contractor’s performance, benchmarks and deliverables, which must be available to
City for review and audit. The records and supporting documents must be kept separate from other
records and must be maintained for four (4) years from the date of City’s final payment.
9. ASSIGNMENT
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein,
directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any
attempt to do so will be null and void. Any changes related to the financial control or business nature
of Contractor as a legal entity will be considered an assignment of the Agreement and subject to City
approval. Control means fifty percent (50%) or more of the voting power of the business entity.
10. PUBLICITY / SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of this
Agreement and for one year thereafter, will reference the City’s contributions in making the project
possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers,
press releases, posters, brochures, public service announcements, interviews and newspaper articles.
No signs may be posted, exhibited or displayed on or about City property, except signage required by
law or this Contract, without prior written approval from the City.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active
negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold
harmless City, its City Council, boards and commissions, officers, officials, employees, agents,
servants, volunteers, and Contractors (“Indemnitees”), through legal counsel acceptable to City, from
and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses,
costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute
resolution proceedings), of every nature, arising directly or indirectly from this Agreement or in any
manner relating to any of the following:
(a) Breach of contract, obligations, representations, or warranties;
(b) Negligent or willful acts or omissions committed during performance of the Services;
(c) Personal injury, property damage, or economic loss resulting from the work or performance of
Contractor or its subcontractors or sub-subcontractors;
(d) Unauthorized use or disclosure of City’s confidential and proprietary information;
(e) Claim of infringement or violation of a U.S patent or copyright, trade secret, trademark, or
service mark or other proprietary or intellectual property rights of any third party.
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11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a
tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor
will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement.
11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’
compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the
Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor
against City or any Indemnitee.
11.4. Contractor’s payments may be deducted or offset to cover any money the City lost due to a
claim or counterclaim arising out of this Agreement, a purchase order or other transaction.
11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this Section 11 from each and every subcontractor, or any other person or
entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.
Failure of City to monitor compliance with these requirements imposes no additional obligations on
City and will in no way act as a waiver of any rights hereunder.
11.6. This Section 11 shall survive termination of the Agreement.
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit C,
and must maintain the insurance for the duration of the Agreement, or longer as required by City. City
will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and
endorsements evidencing the type, amount, class of operations covered, and the effective and expiration
dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and
without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s
compensation or terminating the Agreement.
13. COMPLIANCE WITH LAWS
13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations
applicable to this Agreement. Contractor will promptly notify City of changes in the law or other
conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for
verifying the employment authorization of employees performing the Services, as required by the
Immigration Reform and Control Act.
13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the
Scope of Services includes a “public works” component, Contractor is required to comply with
prevailing wage laws under Labor Code Section 1720 and other labor laws.
13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed,
color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex,
gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS,) or any
other protected classification. Contractor shall comply with all anti-discrimination laws, including
Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5.
Consistent with City policy prohibiting harassment and discrimination, Contractor understands that
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harassment and discrimination directed toward a job applicant, an employee, a City employee, or any
other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated.
Contractor agrees to provide records and documentation to the City on request necessary to monitor
compliance with this provision.
13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to
this Agreement and must avoid any conflict of interest. Contractor warrants that no public official,
employee, or member of a City board or commission who might have been involved in the making of
this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation
of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of
interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as
defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide
by the City’s rules governing gifts to public officials and employees.
13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City
suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other
rights and remedies available under the law and this Agreement, including the right to seek
indemnification under Section 11 of this Agreement.
14. PROJECT COORDINATION
City Project Manager. The City assigns Susan Michael as the City’s representative for all purposes
under this Agreement, with authority to oversee the progress and performance of the Scope of
Services. City reserves the right to substitute another Project manager at any time, and without prior
notice to Contractor.
Contractor Project Manager. Subject to City approval, Contractor assigns Richard Yau as its single
Representative for all purposes under this Agreement, with authority to oversee the progress and
performance of the Services. Contractor’s Project manager is responsible for coordinating and
scheduling the Services in accordance with City instructions, service orders and the Schedule of
Performance. Contractor must regularly update the City’s project manager about the status, progress
and any delays with the work. City’s written approval is required prior to Contractor substituting a
new Representative which shall result in no additional costs to City.
15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts thereof at any time. Contractor will be compensated
for satisfactory Services performed through the date of abandonment, and will be given reasonable time
to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in
closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time
expended to date in the performance of the Services.
16. TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for
satisfactory Services rendered through the date of termination, but final payment will not be made until
Contractor closes out the Services and delivers the Work Product.
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Master Professional/Specialized Services Agreement/ Rev. June 2021
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17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this
Agreement must be filed with the Superior Court for the County of Santa Clara, State of California.
Contractor must comply with the claims filing requirements under the Government Code prior to filing
a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending
resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law
and substantial evidence and include detailed written findings of law and fact.
18. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or
other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing
party will be entitled to reasonable attorney fees and costs.
19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.
20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract
provision. City’s waiver of a breach shall not constitute waiver of another provision or breach.
21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between the
Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the
Parties. Any modification of this Agreement will be effective only if in writing and signed by each
Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or
abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main
Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the
main Agreement shall prevail and be controlling.
22. INSERTED PROVISIONS
Each provision and clause required by law for this Agreement is deemed to be included and will be
inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of
required provisions. The Parties will collaborate to implement this Section, as appropriate.
23. HEADINGS
The headings in this Agreement are for convenience only, are not a part of the Agreement and in no
way affect, limit, or amplify the terms or provisions of this Agreement.
24. SEVERABILITY/PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found by the
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Master Professional/Specialized Services Agreement/ Rev. June 2021
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court to be void, invalid, illegal or unenforceable, such term or provision shall remain in force and effect
to the extent allowed by such ruling. All other terms and provisions of this Agreement or their
application to specific situations shall remain in full force and effect. The Parties agree to work in good
faith to amend this Agreement to carry out its intent.
25. SURVIVAL
All provisions which by their nature must continue after the Agreement expires or is terminated,
including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law and
Attorney Fees, shall survive the Agreement and remain in full force and effect.
26. NOTICES
All notices, requests and approvals must be sent in writing to the persons below, which will be
considered effective on the date of personal delivery or the date confirmed by a reputable overnight
delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid,
registered or certified, or the next business day following electronic submission:
To City of Cupertino
Office of the City Manager
10300 Torre Ave.
Cupertino, CA 95014
Attention: Susan Michael
Email: SusanM@cupertino.org
To Contractor:
Richard Yau
11523 Country Spring Ct
Cupertino, CA 95014
Attention: Richard Yau
Email: richardyau88@yahoo.com
27. EXECUTION
The person executing this Agreement on behalf of Contractor represents and warrants that Contractor
has full right, power, and authority to enter into and carry out all actions contemplated by this
Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally
binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which
is deemed an original and all of which, taken together, constitute a single binding instrument.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
[SIGNATURE PAGE TO FOLLOW]
Program and Project Management Consultant Services
Master Professional/Specialized Services Agreement/ Rev. June 2021
Page 9 of 9
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CITY OF CUPERTINO
A Municipal Corporation
By
Name
Title
Date
RICHARD YAU
By
Name
Title
Date
APPROVED AS TO FORM:
CHRISTOPHER JENSEN
Cupertino City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Date
Richard Yau
Consultant
Jul 28, 2021
Richard Yau
Christopher D. Jensen
Jul 29, 2021
Director of Public Works
Roger Lee
Jul 29, 2021
EXHIBIT A
SCOPE OF SERVICES
City of Cupertino Master Agreement
Program & Project Management Services – Richard Yau
Exhibit A-Scope of Services
and Compensation
Page 1 of 4
The CONSULTANT shall provide certain Program and Project Management services as
required and requested by the CITY.
The CONSULTANT shall provide services under this Master Agreement on an “as needed”
basis and only (1) upon written request from the CITY’s Director of Public Works or authorized
Agent as defined in Section 14, PROJECT COORDINATION and (2) as defined in a fully
executed SERVICE ORDER, Exhibit B.
SECTION 1- GENERAL PROVISIONS
A.The CONSULTANT shall perform all services to the satisfaction of the CITY’s Public
Works Director or authorized Agent.
B.The CONSULTANT shall perform all services under this agreement to the currently
prevailing professional standards and quality found among Program and Project
Management Consultants with similar knowledge and skill engaged in related work
throughout California under the same or similar circumstances.
C.The CONSULTANT shall perform services under this AGREEMENT only by
authorization of a fully executed SERVICE ORDER which shall clearly provide the
nature of the specific services, the time limit within which such services must be
completed, and the compensation for such services. Unauthorized services performed
by the CONSULTANT shall be at no cost to the CITY.
D.The CONSULTANT shall begin work only after receipt of a fully authorized and
executed SERVICE ORDER. The CITY shall incorporate each authorized and fully
executed SERVICE ORDER into the terms and conditions of this MASTER
AGREEMENT.
E.The CITY shall designate a Project Manager for each authorized and fully executed
SERVICE ORDER under this AGREEMENT. The CONSULTANT shall coordinate the
SERVICE ORDER performance with the CITY’s designated Project Manager.
SECTION 2. BASIC SERVICES
The Consultant shall provide Program and Project Management services for various CITY
Public Works projects. All services performed shall be authorized by a fully executed SERVICE
ORDER prior to work commencement. Consultant services under this Master Agreement may
include, but are not limited to:
EXHIBIT A
SCOPE OF SERVICES
City of Cupertino Master Agreement
Program & Project Management Services – Richard Yau
Exhibit A-Scope of Services
and Compensation
Page 2 of 4
A.Program or Project Feasibility Phase
1)Define general project performance requirements from City staff meetings
2)Site visits
3)Project team building
4)Stakeholder coordination
5)Public meeting coordination
6)Program and/or project budget and schedule
7)Review project scope and identify specialty consultants for project design and
implementation
8)Program and/or project schedule development
B.Project Design Phase
1)Develop sources for required project consultant services
2)Prepare Consultant Requests for Proposal using City standard format.
3)Conduct Consultant selection using established CITY process.
4)Prepare Consultant scope of services and agreement for City.
5)Negotiate Design Consultant fees
6)Manage project schedule
7)Manage Consultant agreements and review payment requests.
8)Coordinate Public Meetings for stakeholder input with City Staff
9)Monitor design process, project design development, and provide comments for
consultant feedback.
10)Evaluate additional Design Consultant services as required.
11)Coordinate final construction documents review with City professional staff and
provide consultant feedback.
12)Assist City staff with prequalifying contractors.
13)Assist City with the project bid process.
C.Bid Phase:
1)Assemble front end bid documents using City standard language
2)Assemble bid package for City staff to use for public bid
3)Prepare bid results for City staff
D.Construction Phase:
1)Coordinate information between Design Consultant and Construction Manager
END OF EXHIBIT
City of Cupertino Master Agreement
Program & Project Management Services – Richard Yau
Exhibit A - Scope or Services
and Compensation
Page 3 of 4
COMPENSATION
The City shall compensate the Consultant according to the hourly rate(s) stated in this
Exhibit which shall remain in effect for the Master Agreement schedule of performance
unless changed by written amendment to the Master Agreement.
Each authorized Service Order under this Master Agreement shall identify the method
of compensation consistent with the scope of services provided by the Consultant. In
any case, the Consultant’s total payment for each authorized Service Order shall not
exceed the maximum compensation identified in that Service Order, unless authorized
by a written amendment executed by the City and the Consultant, and the total
compensation for all authorized Service Orders shall not exceed the maximum
compensation stated in Article 4, Consultant Compensation, of the Master Agreement.
Work exceeding the total authorized amount for a Service Order or the total
compensation for the Master Agreement shall be at no cost to the City.
Consultant Hourly Rate(s)
The Consultant shall be compensated according to the following hourly rate(s) for all
work performed under authorized Service Orders:
Labor Category Master Agreement Hourly Rate
Project Executive / Project Manager $150.00
Reimbursable Expenses
Reimbursable expenses represent the acquisition cost of items, other than direct labor,
specifically required to perform the scope of services and beyond normal business
operating expenses which are included in the direct labor rate. Such expenses include,
but are not limited to:
•Individual or multiple document reproductions that exceed 50 pages;
•Drawing or bid set reproductions;
•Software required by City other than Microsoft Word, Excel, PowerPoint, and
Project; Adobe Acrobat; and a photo editor program.
•Travel expenses to the extent allowed by City policy;
•Sub-consultants required by project scope of services;
EXHIBIT C
COMPENSATION
City of Cupertino Master Agreement
Program & Project Management Services – Richard Yau
Exhibit A-Scope of Services
and Compensation
Page 4 of 4
•Safety equipment required by City policy or the project scope of services;
•Mass mailing notifications;
•Expenses for public meetings, such as refreshments, interpreters, security, valet
parking, facility rental, tents or booths, easels, markers, paper, presentation
equipment.
The City shall compensate the Consultant for such reimbursable expenses only with
prior written authorization by the City representative designated in Article 14, Project
Coordination, of the Master Agreement. All compensation, including reimbursable
expenses, shall not exceed the maximum compensation for the Service Order.
The City shall compensate the Consultant for reimbursable expenses for the
documented actual cost only, allowing for no surcharge for Consultant administration.
Reimbursable expenses shall be separately identified on the Consultant invoice.
Method of Payment
The Consultant shall submit an invoice to the City by the 5th business day of each
month that clearly identifies the work performed in the previous month and authorized
reimbursable expenses. All invoices from Consultant shall be addressed to City at:
Attention: PWInvoices@cupertino.org
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
The invoice shall identify the applicable period of work, a description of the work performed
consistent with the Service Order scope of services, the number of hours, hourly rate,
reimbursable expenses, Service Order maximum compensation, Service Order compensation to
date including invoice number, total invoice amount for current invoice, Service Order
maximum compensation balance remaining.
All Consultant payments shall be addressed to:
Richard Yau
11523 Country Spring Ct
Cupertino, CA 95014
Richardyau88@yahoo.com
END OF EXHIBIT
Revised: April 30, 2020 – Services Agreements
1
Exhibit A-A – SHELTER IN PLACE AND SOCIAL DISTANCING REQUIREMENTS
A. Health Laws Acknowledged. It is acknowledged that Consultant’s/Contractor’s
(“Contractor”) duty to comply with Laws, as defined in Section 13 of the Contract/Agreement
(“Contract”), includes immediate compliance by Contractor and its subcontractors with the
restrictions on travel and the Social Distancing Requirements set forth in the most recent health
order issued by the County of Santa Clara Health Department in response to the COVID-19
pandemic, and any subsequent amendments or superseding orders thereto (the “Health
Order”), and any other local, state, or federal laws that have been or may be enacted in
response to the COVID-19 pandemic (collectively, “Health Laws”).
B. Health Order Compliance. Contractor shall comply with any restrictions on travel and social
distancing requirements in the Health Order when preforming work under this Contract. If a
scope of work item, notice to proceed, or work order under this Contract specifies work that
cannot be performed in compliance with the Health Order or other Health Laws, Contractor
shall refrain from conducting the work and immediately inform the City.
C. Individuals at High Risk of Severe Illness. Nothing in this Contract shall be interpreted to
require any person at high risk of severe illness from COVID-19 to leave their residence to
perform work under the Contract. Contractor will inform the City if other arrangements for the
work must be made, and City will do so, with no penalty to Contractor, although Contractor will
not be compensated for work performed by the City or third parties. Information from the
Center for Disease Control (“CDC”) on “high risk” categories is available at the CDC's website at:
https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/people-at-higher-risk.html.
D. Health Order Requirements and Best Practices. Contractor will immediately undertake all
appropriate measures to ensure compliance with the Social Distancing Requirements in the
Health Order by all individuals performing work under this Contract, including Contractor's or
any subcontractor's workers, employees, representatives, vendors, or suppliers (collectively,
"workers"), and shall maintain these measures for as long as required by the Health Order or
other Health Laws. As long as required by the operative Health Order or other Health Laws,
these measures shall include, but are not limited to, the following:
1. Meetings/Site Access. Use electronic alternatives to in person meetings, e.g.,
conference calls, video-conferencing, etc., to the greatest extent possible. Limit access
to any project site or any work area to workers who are necessary to perform in-person
work. Require non-essential personnel to work from home to the extent possible. Avoid
all non-essential travel.
2. Distancing. Where workers perform in-person work at a project site or a work area,
prohibit workers from being less than six feet apart, unless and only to the extent that
would compromise worker safety or violate safety Laws for specific operations. Prohibit
handshaking or any physical contact among workers, with the sole and limited exception
Revised: April 30, 2020 – Services Agreements
2
of any physical contact required for worker safety or to comply with safety Laws.
Prohibit workers from sharing a vehicle.
E. Changed Requirements. It is understood and acknowledged that circumstances pertaining to
the COVID-19 pandemic are evolving rapidly and that new local, state, or federal requirements
may modify the requirements under this Exhibit. Contractor agrees to work cooperatively with
the City to implement new or changed requirements as quickly as possible.
F. Subcontracts. Contractor shall include the terms of this Exhibit in all subcontracts and require
any agents, subcontractors, or subconsultants to comply with its provisions.
1229192.7
EXHIBIT B
SERVICE ORDER PROCESS
CONSULTANT shall provide services under this Master Agreement on an “as needed” basis and
only (1) upon written request from the CITY’s Director of Public Works or authorized Agent as
defined in Article 14 of the Master Agreement, Project Coordination, and (2) as defined in a fully
executed Service Order.
SECTION 1 – SERVICE ORDER INITIATION
A.The CITY’s Public Works Director or his designee shall provide written request for
CONSULTANT services as defined in this agreement. After which, CONSULTANT shall
provide to CITY a written proposal including specific scope of services, performance schedule
and compensation. Scope of Services will reference Tasks from Exhibit A where possible.
B.CITY and CONSULTANT shall discuss the proposal in detail and agree upon the terms of the
Service Order.
C.CITY shall prepare a Project Service Order and Attachment A. The Service Order shall, at a
minimum, include (1) specific scope of services, deliverables, schedule of performance, and
compensation. An exemplar of the Service Order form follows this Exhibit.
SECTION 2‐ SERVICE ORDER EXECUTION
D.Both parties shall execute the Service Order as evidenced by the signatures of the authorized
representatives defined in Article 14 of the Master Agreement, Project Coordination, and the
date signed.
E.CONSULTANT shall begin work on the scope of services only after receipt of a fully executed
authorized Service Order defining those services. CONSULTANT understands and agrees that
work performed before the date of the authorized Service Order or outside the scope of services
once a Service Order is signed and authorized shall be at no cost to the City.
F.The maximum compensation authorized by a single Service Order and/or the aggregate of
Service Orders shall not exceed the maximum compensation set forth in Article 4 of the Master
Agreement.
CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER NO.
MA Date:Master Agreement Contract #:
Maximum Compensation:
Consultant:Firm Name:
Address:
Contact: Ph:
Project Name:
Description: (simple project description if appropriate)
Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance
and Compensation
City Project Management
Managing Department: Public Works Project Manager:
Fiscal/Budget :
SO Acc't #:PO #:
Project #:Date:
Approvals Signatures:
Date:
Date:
Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above
fund for the above contract as estimated and that fund are available as of this date of signature
City Finance:Date:
Encumbrance this Service Order:
MA End Date:
Consultant/
Contractor
Manager/
Supervisor:
Management Analyst
Master Agreement Maximum Compensation:
Master Agreement Unencumbered Balance:
Total Previously Encumbered to Date:
City of Cupertino Master Agreement Service Order 191002
n
Choose
Insurance Requirements for Professional/Specialized Services Agreement
1
Version: Sept. 2019
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the performance and results
of the Services hereunder by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1.Commercial General Liability (CGL): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL
on an “occurrence” basis, including products and completed operations, contractual liability, property
damage, bodily injury, and personal and advertising injury with limits no less than $2,000,000 per
occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this Project (ISO CG 25 03 or 25 04) or it shall be twice the required occurrence limit.
a.It shall be a requirement under this agreement that any available insurance proceeds broader
than or in excess of the specified minimum insurance coverage requirements and/or limits
shall be made available to the Additional Insured and shall be (1) the minimum
coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits
of coverage of any insurance policy, whichever is greater.
b.Additional Insured coverage under Contractor's policy shall be "primary and non-
contributory," will not seek contribution from City’s insurance/self-insurance, and shall be
at least as broad as ISO CG 20 10 04 13
c.The limits of insurance required may be satisfied by a combination of primary and umbrella
or excess insurance, provided each policy complies with the requirements set forth in this
Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a
provision that such coverage shall also apply on a primary basis for the benefit of City before
the City’s own insurance or self-insurance shall be called upon to protect City as a named
insured.
2.Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or, if Contractor has
no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limits no less
than $1,000,000 per accident for bodily injury and property damage.
3.Workers’ Compensation: As required by the State of California, with Statutory Limits, and
Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.
(Not required if Contractor provides written verification it has no employees).
4.Professional Liability. Insurance which includes coverage for professional acts, errors and omissions,
with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate (if applicable).
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires
and shall be entitled to the broader coverage and higher insurance limits maintained by Contractor.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to
be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising
out of the Services performed by or on behalf of Contractor including materials, parts, or equipment
furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not
EXHIBIT C
Insurance Requirements
Professional/Specialized Services Agreement
Insurance Requirements for Professional/Specialized Services Agreement
2
Version: Sept. 2019
available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later
edition is used.
Primary Coverage
For any claims related to this Contract, the Contractor’s insurance coverage shall be primary coverage at least
as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be
excess of Contractor’s insurance and shall not contribute to it.
Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written
notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.
Waiver of Subrogation
Contractor grants to City a waiver of any right to subrogation which any insurer of said Contractor may
acquire against City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain
any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies
regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
City may approve self-insured retentions and require proof of Contractor’s ability to pay losses and related
investigations, claim administration and defense expenses within the retention. The policy shall provide, or
be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurers must be acceptable to City and licensed to do business in California, and each insurer must have an
A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better.
Claims Made Policies (applicable only to professional liability)
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the Effective Date of the Contract.
2. Insurance must be maintained for at least five (5) years after completion of the Services.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with
a Retroactive Date prior to the Contract Effective Date, the Contractor must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the Services.
Verification of Coverage
Contractor shall furnish the City with acceptable original certificates and mandatory endorsements (or copies
of the policies effecting the coverage required by this Contract), and a copy of the Declarations and
Endorsement Page of the CGL policy listing all policy endorsements to City prior to commencing the
Services. City retains the right to demand verification of compliance at any time during the Contract.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements
stated herein, and Contractor shall ensure that City is an additional insured on insurance required from
subcontractors.
Insurance coverage shall not limit Contractor’s duties to indemnify, defend and hold City harmless. City
reserves the right to modify these requirements based on the nature of the risk, prior experience, insurer,
coverage or other special circumstances.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:CONTACT
(A/C, No):FAX
E-MAILADDRESS:
PRODUCER
(A/C, No, Ext):PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
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).
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.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
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.
$
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
EROTH-STATUTEPER
LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED $PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA
520 Madison Avenue
32nd Floor
New York, NY 10022
Richard Yau
11523 Country Spring Court
Cupertino CA 95014
12/14/2020
(888) 202-3007
contact@hiscox.com
Hiscox Insurance Company Inc 10200
X
X
X Primary & Non ContributoryA
X
Y UDC-4052431-CGL-21 01/28/2021 01/28/2022
1,000,000
100,000
5,000
1,000,000
2,000,000
S/T Gen. Agg.
X X UDC-4052431-CGL-21 01/28/2021 01/28/2022
1,000,000CGL HNOA Limit(per occurrence)
City of Cupertino is listed as an Additional Insured. The Hiscox General Liability policy is primary and any other insurance maintained by the additional insured is excess and Non-
Contributory subject to the policy terms and conditions.
City of Cupertino
10300 Torre Av
Cupertino, CA 95014
MTTU
Hiscox Insurance Company Inc.
Policy Number:
Named Insured:
Endorsement Number:
Endorsement Effective:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1
ADDITIONAL INSURED – DESIGNATED
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)
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II – Who Is An Insured is amended to in-
clude as an additional insured the person(s) or organi-
zation(s) shown in the Schedule, 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 omis-
sions of those acting on your behalf:
A. In the performance of your ongoing operations; or
B. In connection with your premises owned by or
rented to you.
UDC-4052431-CGL-21
Richard Yau
19
January 28, 2021
City of Cupertino
10300 Torre Ave.
Cupertino,CA 95014
A Guide To Your General Liability Policy
© Hiscox Inc. 2010 Page 1
The following is a guide to your General Liability policy. We have identified several key coverage items along with the limits and
deductibles you have selected. To make it easier, we have also added a brief explanation of those items.
We want you to feel confident about your new policy. If any of the information below is incorrect or if you have any questions,
please contact one of our advisors at 888-202-3007 (Mon-Fri, 7am-10pm EST) or manage your policy at: www.hiscox.com/
manage-your-policy.
Your business details
Name:Richard Yau
Business Name:Richard Yau
Address:11523 Country Spring Court
City:Cupertino
State:CA
Zip code:95014
Occupation:Project manager (architecture or engineering)
Telephone number:408-309-3970
Email address:richardyau88@yahoo.com
Your General Liability Policy
Policy number:UDC-4052431-CGL-21
Policy effective dates:
This determines the time period during which your coverage applies.
From:
To:
January 28, 2021
January 28, 2022
Form of business:
This identifies the legal structure of your business and determines who is
insured under your policy.
Individual/Sole Proprietor
Business Property and Equipment Coverage:Rejected
Optional terrorism coverage:Included
Total cost of policy:$ 1,273.00
Your coverage and limits
Each occurrence limit
The most we will pay for all damages due to bodily injury and property
damage, and medical expenses that arise out of any one occurrence.
Defense costs we incur, in the defense of a lawsuit filed against you, will not
reduce this limit.
$ 1,000,000
© Hiscox Inc. 2010 Page 2
General aggregate limit
The most we will pay for all damages and medical expenses for the entire
policy. Defense costs we incur, in the defense of a lawsuit filed against you,
will not reduce this limit.
$ 2,000,000
Damage to premises rented to you
The most we will pay for your liability for damage by fire to premises rented
to you. This limit also applies to your liability to premises you rent for a
period of 7 or fewer consecutive days. If you are a home-based business,
this coverage does not apply to damage to your home.
$ 100,000 any one premises
Medical expenses
The most we will pay for all medical expenses sustained by any one person.
$ 5,000 any one person
Personal and advertising injury limit
The most we will pay for all personal and advertising injury(e.g., libel,
slander) sustained by any one person or organization.
$ 1,000,000 any one person or
organization
Deductible for General Liability Coverage
No deductible applies to the general liability portion of your policy so you are
not required to make any payments in the events of such claims.
No deductible
Other policy information
14 day full refund
Be confident that you have made the right choice. We give you 14 days to review your policy. If you are not satisfied and
have not had any claims or losses, you can cancel your policy back to its start date and receive a full refund.
Notice of claim
If you have a claim, please call us at 866-424-8508. You may also e-mail us at reportaclaim@hiscox.com
What does my General Liability Policy cover?
For a summary showing examples of what you are and are not covered for, please read the Coverage Summary
document.
This guide does not modify the terms and conditions of your policy, which are contained in your policy documents,
nor does it imply any claim is covered or not covered. We recommend that you read your policy documents to learn
the details of your coverage.
Reinventing Small Business Insurance®
General Liability Insurance
Architecture, Engineering and Design Professionals
We want you to understand the Hiscox General Liability coverage. This summary explains the main areas of
coverage and exclusions.
If you have any questions about your coverage, please contact one of our advisors at 888-202-3007 (Mon-Fri,
8am-10pm EST). Or, you can manage your policy by visiting https://www.hiscox.com/manage-your-policy.
Bodily injury or property damage
To the extent you are legally liable, we cover damages or claims expenses if you injure a third-party or damage
someone else’s property (including damage due to a fire at a premise you rent, unless you work from home).
Medical payments
We will make medical payments as a result of bodily injury that occurs in the course of your business operations,
regardless of fault.
Defense costs
If you’re sued, even if you’re not at fault, we will appoint an attorney to defend you, even if the lawsuit is
groundless. We will pay these defense costs on your behalf.
Personal and advertising injury
We cover claims of libel and slander that are not part of your professional services. We also protect you if your
advertisement unintentionally uses a third-party’s advertising idea or infringes upon another’s copyright.
Worldwide insurance coverage
We cover damage that occurs in the United States, its territories and Canada. We also offer some coverage for
instances outside these areas while you’re away on short periods of travel.
Employees or temporary staff
Hiscox will cover claims arising from your employees’ or temporary staff’s actions if they were performed on behalf
of your business.
Supplemental payments
Your Hiscox policy covers the following expenses, should they be incurred, without reducing your limit of liability:
all expenses we incur, including the defense of lawsuits
up to $250 a day for reasonable expenses (including loss of earnings) you incur as a result of assisting us in the
defense of a claim or lawsuit
interest on damage awards
Intent to injure
We won’t cover you for any act that occurs with the intent to injure. This includes personal and advertising
injuries if you knew your actions were false or violated the rights of others.
Outside the policy period
We won’t cover claims for bodily injury, property damage, or personal and advertising injury that do not
occur during the policy period.
Known claims and circumstances
We won’t cover your business for any claim or circumstance that could result in a claim you knew about prior
to the start of your first Hiscox policy.
Professional services
We won’t cover any professional services performed by you. These types of risks may be covered as part
of our Professional Liability Policy.
Workers’ compensation
We won’t cover any obligation you may have under a workers’ compensation claim or similar law.
Your property
We won’t cover claims for damage to property you own or have in your care. However, protection for your own
business equipment can be purchased as part of our Business Owners Policy.
Medical expenses — A client accidentally trips on his way to review your designs. As a result of the fall, the
client suffers a serious cut which requires stitches. We will pay up to $5,000 for medical expenses caused by the
accident regardless of fault.
Property damage — Upon completing a building inspection you are on your way back to your truck and
accidentally knock over an artisan glass window pane. The piece promptly shatters. The property owner is visibly
upset and demands financial reimbursement plus additional money to expedite the delivery of a new piece. We
will cover the subsequent claim, up to your limits of liability.
Personal injury — One of your employees is on a job site. He talks to the contractor about one of your mutual
clients in a false and unflattering way. The client learns of this discussion and sues for slander. We will cover the
subsequent claim, up to the limits of liability, and pay for an attorney to defend you if necessary.
Coverage summaries, descriptions, and claims examples are provided for illustrative purposes only and are
subject to the applicable policy limits, deductibles, exclusions, terms, and conditions. Not all insurance products
and services are available in all states. Hiscox recommends you read the policy documents to learn the full
details of coverage.
Underwritten by Hiscox Insurance Company Inc., 233 North Michigan Avenue, Suite 1840, Chicago, IL 60601, as administered by Hiscox Inc.,
a licensed insurance provider in all states and DC.
Hiscox Insurance Company Inc.
Your Insurance documents
Enclosed you will find the policy documents that make up your insurance contract with us.
Please read through all of these documents. If you have any questions or need to update any of your information please call
us at 800-867-4001 (Mon-Fri, 7am-10pm EST).
Si tiene alguna pregunta o necesita actualizar su información, por favor llámenos al 1-855-744-2300 (Horario de Lunes –
Viernes, 9am – 10pm ET).
Your insurance documents
Declarations Page
This contains specific policy information, such as the limits and deductibles you have selected.
Policy Wording
This details the terms and conditions of your coverage, subject to policy endorsements.
Endorsements
These documents modify the Policy Wording or Declarations Page. These include relevant terms and conditions as
required by your state and are part of your policy.
Notices
These documents provide information that may affect your coverage such as optional terrorism coverage (if
purchased) and other important items required by your state.
Reporting a claim
Please inform us immediately if you have a claim or loss to report. Please have your policy number available so we
can handle your call quickly.
Email: reportaclaim@hiscox.com
Phone: 866-424-8508
Mail:Attn: Direct Claims
Hiscox
520 Madison Avenue - 32nd Floor
New York, NY, 10022
Declarations Page
HISCOX INSURANCE COMPANY INC. (A Stock Company)
104 South Michigan Avenue, Suite 600, Chicago, Illinois 60603
CGL D001 01 10 Includes copyrighted material of Insurance Services Office, Inc., with
its permission. © ISO Properties, Inc., 2000
Page 1
Commercial General Liability Declarations
In return for the payment of the premium, and subject to all the terms of this Policy, we agree with you to provide
the insurance as stated in this Policy.
Policy No.:UDC-4052431-CGL-21
Renewal of:UDC-4052431-CGL-20
Named Insured:Richard Yau
Address:11523 Country Spring Court
Cupertino, CA 95014
Policy period:From:January 28, 2021 To:January 28, 2022
At 12:01 A.M. (Standard Time) at the address shown above.
Form of Business:Individual/Sole Proprietor
Each Occurrence Limit:$1,000,000
Damage to Premises Rented to You Limit:$100,000 Any one premises
Medical Expense Limit:$5,000 Any one person
Personal & Advertising Injury Limit:$1,000,000 Any one person or organization
General Aggregate Limit:$2,000,000
Products/Completed Operations
Aggregate Limit:Products-completed operations are subject to the General Aggregate Limit
Supplemental Business Personal Property Floater
Coverage Limit:$0
Supplemental Business Personal Property Floater
Coverage Deductible:Not Applicable
All Premises You Own, Rent or Occupy
Premises Number:1
Address:11523 Country Spring Court
Cupertino, CA 95014
Total Premium:$ 1,273.00
Attachments:See attached Forms and Endorsements Schedule.
HISCOX INSURANCE COMPANY INC. (A Stock Company)
104 South Michigan Avenue, Suite 600, Chicago, Illinois 60603
CGL D001 01 10 Includes copyrighted material of Insurance Services Office, Inc., with
its permission. © ISO Properties, Inc., 2000
Page 2
IN WITNESS WHEREOF, the Insurer indicated above has caused this Policy to be signed by its President and Secretary, but this Policy shall not be effective unless also
signed by the Insurer's duly authorized representative.
President
Secretary
Authorized Representative
HISCOX INSURANCE COMPANY INC. (A Stock Company)
104 South Michigan Avenue, Suite 600, Chicago, Illinois 60603
INT D001 01 10 Page 1 of 1
Forms and Endorsements Schedule
Forms and Endorsements made part of this policy at time of issue:
CGL D001 01 10 - Commercial General Liability Declarations
CG 00 01 12 07 - General Liability Coverage Form
CGL E5401 CW (03/10) - Definition of Employee
CGL E5403 CW (03/10) - Notice Information
CGL E5404 CW (03/10) - Exclusion - Personal Information
CGL E5405 CW (03/10) - Exclusion - Damage to Primary Residence
CGL E5407 CW (03/10) - Exclusion - Professional Services
CGL E5408 CW (03/10) - Cancellation Provision (14 Day Full Refund)
CGL E5409 CW (03/10) - Right and Duty to Select Defense Counsel
CGL E5416 CW (01/13) - Exclusion - Construction Management Errors And Omissions Endorsement
CGL E5421 CW (02/14) - Additional Insured - Automatic Status
IL 00 17 11 98 - Common Policy Conditions
IL 00 21 09 08 - Nuclear Energy Liability Exclusion Endorsement (Broad Form)
CG 00 68 05 09 - Recording and Distribution of Material or Information in Violation of Law Exclusion
CG 21 41 11 85 - Exclusion - Intercompany Products Suits
CG 32 34 01 05 - California Changes
IL 02 70 09 08 - California Changes - Cancellation and Nonrenewal
CGL E5581 CW (03/16) - Primary and Noncontributory - Other Insurance Condition
CG 22 43 04 13 - Exclusion - Engineers, Architects Or Surveyors - Professional Liability Endorsement
CG 22 24 04 13 - Exclusion - Inspection, Appraisal And Survey Companies Endorsement
CG 20 26 07 04 - Additional Insured - Designated Person or Organization
CG 21 70 01 15 - Cap On Losses From Certified Acts Of Terrorism
IL 09 85 01 15 - Disclosure Pursuant To Terrorism Risk Insurance Act
CGL E5691 CW (08/18) - Hired Auto and Non-Owned Auto Liability
INT N001 CW (01/09) - Economic And Trade Sanctions Policyholder Notice
Policy Wording
COMMERCIAL GENERAL LIABILITY
CG 00 01 12 07
CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 1 of 16
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage.
Read the entire policy carefully to determine rights,
duties and what is and is not covered.
Throughout this policy the words "you" and "your"
refer to the Named Insured shown in the Declarations,
and any other person or organization qualifying as a
Named Insured under this policy. The words "we",
"us" and "our" refer to the company providing this
insurance.
The word "insured" means any person or organization
qualifying as such under Section II – Who Is An In-
sured.
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V –
Definitions.
SECTION I – COVERAGES
COVERAGE A BODILY INJURY AND PROPERTY
DAMAGE LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured be-
comes legally obligated to pay as damages
because of "bodily injury" or "property damage"
to which this insurance applies. We will have
the right and duty to defend the insured against
any "suit" seeking those damages. However,
we will have no duty to defend the insured
against any "suit" seeking damages for "bodily
injury" or "property damage" to which this in-
surance does not apply. We may, at our discre-
tion, investigate any "occurrence" and settle
any claim or "suit" that may result. But:
(1) The amount we will pay for damages is
limited as described in Section III – Limits
Of Insurance; and
(2) Our right and duty to defend ends when we
have used up the applicable limit of insur-
ance in the payment of judgments or set-
tlements under Coverages A or B or medi-
cal expenses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless ex-
plicitly provided for under Supplementary Pay-
ments – Coverages A and B.
b.This insurance applies to "bodily injury" and
"property damage" only if:
(1) The "bodily injury" or "property damage" is
caused by an "occurrence" that takes place
in the "coverage territory";
(2) The "bodily injury" or "property damage"
occurs during the policy period; and
(3) Prior to the policy period, no insured listed
under Paragraph 1. of Section II – Who Is
An Insured and no "employee" authorized
by you to give or receive notice of an "oc-
currence" or claim, knew that the "bodily in-
jury" or "property damage" had occurred, in
whole or in part. If such a listed insured or
authorized "employee" knew, prior to the
policy period, that the "bodily injury" or
"property damage" occurred, then any con-
tinuation, change or resumption of such
"bodily injury" or "property damage" during
or after the policy period will be deemed to
have been known prior to the policy period.
c. "Bodily injury" or "property damage" which
occurs during the policy period and was not,
prior to the policy period, known to have oc-
curred by any insured listed under Paragraph
1.of Section II – Who Is An Insured or any
"employee" authorized by you to give or re-
ceive notice of an "occurrence" or claim, in-
cludes any continuation, change or resumption
of that "bodily injury" or "property damage" af-
ter the end of the policy period.
d. "Bodily injury" or "property damage" will be
deemed to have been known to have occurred
at the earliest time when any insured listed un-
der Paragraph 1. of Section II – Who Is An In-
sured or any "employee" authorized by you to
give or receive notice of an "occurrence" or
claim:
(1) Reports all, or any part, of the "bodily injury"
or "property damage" to us or any other in-
surer;
(2) Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
(3) Becomes aware by any other means that
"bodily injury" or "property damage" has oc-
curred or has begun to occur.
Page 2 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07
e. Damages because of "bodily injury" include
damages claimed by any person or organiza-
tion for care, loss of services or death resulting
at any time from the "bodily injury".
2. Exclusions
This insurance does not apply to:
a. Expected Or Intended Injury
"Bodily injury" or "property damage" expected
or intended from the standpoint of the insured.
This exclusion does not apply to "bodily injury"
resulting from the use of reasonable force to
protect persons or property.
b. Contractual Liability
"Bodily injury" or "property damage" for which
the insured is obligated to pay damages by
reason of the assumption of liability in a con-
tract or agreement. This exclusion does not
apply to liability for damages:
(1) That the insured would have in the absence
of the contract or agreement; or
(2) Assumed in a contract or agreement that is
an "insured contract", provided the "bodily
injury" or "property damage" occurs subse-
quent to the execution of the contract or
agreement. Solely for the purposes of liabil-
ity assumed in an "insured contract", rea-
sonable attorney fees and necessary litiga-
tion expenses incurred by or for a party
other than an insured are deemed to be
damages because of "bodily injury" or
"property damage", provided:
(a) Liability to such party for, or for the cost
of, that party's defense has also been
assumed in the same "insured contract";
and
(b) Such attorney fees and litigation ex-
penses are for defense of that party
against a civil or alternative dispute
resolution proceeding in which damages
to which this insurance applies are al-
leged.
c. Liquor Liability
"Bodily injury" or "property damage" for which
any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication of
any person;
(2) The furnishing of alcoholic beverages to a
person under the legal drinking age or un-
der the influence of alcohol; or
(3) Any statute, ordinance or regulation relating
to the sale, gift, distribution or use of alco-
holic beverages.
This exclusion applies only if you are in the
business of manufacturing, distributing, selling,
serving or furnishing alcoholic beverages.
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers'
compensation, disability benefits or unem-
ployment compensation law or any similar law.
e. Employer's Liability
"Bodily injury" to:
(1) An "employee" of the insured arising out of
and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the conduct
of the insured's business; or
(2) The spouse, child, parent, brother or sister
of that "employee" as a consequence of
Paragraph (1) above.
This exclusion applies whether the insured
may be liable as an employer or in any other
capacity and to any obligation to share dam-
ages with or repay someone else who must
pay damages because of the injury.
This exclusion does not apply to liability as-
sumed by the insured under an "insured con-
tract".
CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 3 of 16
f. Pollution
(1) "Bodily injury" or "property damage" arising
out of the actual, alleged or threatened dis-
charge, dispersal, seepage, migration, re-
lease or escape of "pollutants":
(a) At or from any premises, site or location
which is or was at any time owned or
occupied by, or rented or loaned to, any
insured. However, this subparagraph
does not apply to:
(i) "Bodily injury" if sustained within a
building and caused by smoke,
fumes, vapor or soot produced by or
originating from equipment that is
used to heat, cool or dehumidify the
building, or equipment that is used to
heat water for personal use, by the
building's occupants or their guests;
(ii) "Bodily injury" or "property damage"
for which you may be held liable, if
you are a contractor and the owner
or lessee of such premises, site or
location has been added to your pol-
icy as an additional insured with re-
spect to your ongoing operations
performed for that additional insured
at that premises, site or location and
such premises, site or location is not
and never was owned or occupied
by, or rented or loaned to, any in-
sured, other than that additional in-
sured; or
(iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes
from a "hostile fire";
(b) At or from any premises, site or location
which is or was at any time used by or
for any insured or others for the han-
dling, storage, disposal, processing or
treatment of waste;
(c) Which are or were at any time trans-
ported, handled, stored, treated, dis-
posed of, or processed as waste by or
for:
(i) Any insured; or
(ii) Any person or organization for whom
you may be legally responsible; or
(d) At or from any premises, site or location
on which any insured or any contractors
or subcontractors working directly or in-
directly on any insured's behalf are per-
forming operations if the "pollutants" are
brought on or to the premises, site or lo-
cation in connection with such opera-
tions by such insured, contractor or sub-
contractor. However, this subparagraph
does not apply to:
(i) "Bodily injury" or "property damage"
arising out of the escape of fuels, lu-
bricants or other operating fluids
which are needed to perform the
normal electrical, hydraulic or me-
chanical functions necessary for the
operation of "mobile equipment" or
its parts, if such fuels, lubricants or
other operating fluids escape from a
vehicle part designed to hold, store
or receive them. This exception does
not apply if the "bodily injury" or
"property damage" arises out of the
intentional discharge, dispersal or re-
lease of the fuels, lubricants or other
operating fluids, or if such fuels, lu-
bricants or other operating fluids are
brought on or to the premises, site or
location with the intent that they be
discharged, dispersed or released as
part of the operations being per-
formed by such insured, contractor
or subcontractor;
(ii) "Bodily injury" or "property damage"
sustained within a building and
caused by the release of gases,
fumes or vapors from materials
brought into that building in connec-
tion with operations being performed
by you or on your behalf by a con-
tractor or subcontractor; or
(iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes
from a "hostile fire".
(e) At or from any premises, site or location
on which any insured or any contractors
or subcontractors working directly or in-
directly on any insured's behalf are per-
forming operations if the operations are
to test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or
in any way respond to, or assess the ef-
fects of, "pollutants".
Page 4 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07
(2) Any loss, cost or expense arising out of
any:
(a) Request, demand, order or statutory or
regulatory requirement that any insured
or others test for, monitor, clean up, re-
move, contain, treat, detoxify or neutral-
ize, or in any way respond to, or assess
the effects of, "pollutants"; or
(b) Claim or "suit" by or on behalf of a gov-
ernmental authority for damages be-
cause of testing for, monitoring, cleaning
up, removing, containing, treating, de-
toxifying or neutralizing, or in any way
responding to, or assessing the effects
of, "pollutants".
However, this paragraph does not apply to
liability for damages because of "property
damage" that the insured would have in the
absence of such request, demand, order or
statutory or regulatory requirement, or such
claim or "suit" by or on behalf of a govern-
mental authority.
g. Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising out
of the ownership, maintenance, use or en-
trustment to others of any aircraft, "auto" or wa-
tercraft owned or operated by or rented or
loaned to any insured. Use includes operation
and "loading or unloading".
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the supervision, hiring, employ-
ment, training or monitoring of others by that
insured, if the "occurrence" which caused the
"bodily injury" or "property damage" involved
the ownership, maintenance, use or entrust-
ment to others of any aircraft, "auto" or water-
craft that is owned or operated by or rented or
loaned to any insured.
This exclusion does not apply to:
(1) A watercraft while ashore on premises you
own or rent;
(2) A watercraft you do not own that is:
(a) Less than 26 feet long; and
(b) Not being used to carry persons or
property for a charge;
(3) Parking an "auto" on, or on the ways next
to, premises you own or rent, provided the
"auto" is not owned by or rented or loaned
to you or the insured;
(4) Liability assumed under any "insured con-
tract" for the ownership, maintenance or
use of aircraft or watercraft; or
(5) "Bodily injury" or "property damage" arising
out of:
(a) The operation of machinery or equip-
ment that is attached to, or part of, a
land vehicle that would qualify under the
definition of "mobile equipment" if it were
not subject to a compulsory or financial
responsibility law or other motor vehicle
insurance law in the state where it is li-
censed or principally garaged; or
(b) the operation of any of the machinery or
equipment listed in Paragraph f.(2) or
f.(3) of the definition of "mobile equip-
ment".
h. Mobile Equipment
"Bodily injury" or "property damage" arising out
of:
(1) The transportation of "mobile equipment" by
an "auto" owned or operated by or rented or
loaned to any insured; or
(2) The use of "mobile equipment" in, or while
in practice for, or while being prepared for,
any prearranged racing, speed, demolition,
or stunting activity.
i. War
"Bodily injury" or "property damage", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any govern-
ment, sovereign or other authority using
military personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental au-
thority in hindering or defending against any
of these.
j. Damage To Property
"Property damage" to:
(1) Property you own, rent, or occupy, including
any costs or expenses incurred by you, or
any other person, organization or entity, for
repair, replacement, enhancement, restora-
tion or maintenance of such property for
any reason, including prevention of injury to
a person or damage to another's property;
(2) Premises you sell, give away or abandon, if
the "property damage" arises out of any
part of those premises;
(3) Property loaned to you;
(4) Personal property in the care, custody or
control of the insured;
CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 5 of 16
(5) That particular part of real property on
which you or any contractors or subcontrac-
tors working directly or indirectly on your
behalf are performing operations, if the
"property damage" arises out of those op-
erations; or
(6) That particular part of any property that
must be restored, repaired or replaced be-
cause "your work" was incorrectly per-
formed on it.
Paragraphs (1), (3) and (4) of this exclusion do
not apply to "property damage" (other than
damage by fire) to premises, including the con-
tents of such premises, rented to you for a pe-
riod of 7 or fewer consecutive days. A separate
limit of insurance applies to Damage To Prem-
ises Rented To You as described in Section III
– Limits Of Insurance.
Paragraph (2) of this exclusion does not apply
if the premises are "your work" and were never
occupied, rented or held for rental by you.
Paragraphs (3), (4), (5) and (6) of this exclu-
sion do not apply to liability assumed under a
sidetrack agreement.
Paragraph (6) of this exclusion does not apply
to "property damage" included in the "products-
completed operations hazard".
k. Damage To Your Product
"Property damage" to "your product" arising out
of it or any part of it.
l. Damage To Your Work
"Property damage" to "your work" arising out of
it or any part of it and included in the "products-
completed operations hazard".
This exclusion does not apply if the damaged
work or the work out of which the damage
arises was performed on your behalf by a sub-
contractor.
m. Damage To Impaired Property Or Property
Not Physically Injured
"Property damage" to "impaired property" or
property that has not been physically injured,
arising out of:
(1) A defect, deficiency, inadequacy or danger-
ous condition in "your product" or "your
work"; or
(2) A delay or failure by you or anyone acting
on your behalf to perform a contract or
agreement in accordance with its terms.
This exclusion does not apply to the loss of use
of other property arising out of sudden and ac-
cidental physical injury to "your product" or
"your work" after it has been put to its intended
use.
n. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or ex-
pense incurred by you or others for the loss of
use, withdrawal, recall, inspection, repair, re-
placement, adjustment, removal or disposal of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work, or property is withdrawn
or recalled from the market or from use by any
person or organization because of a known or
suspected defect, deficiency, inadequacy or
dangerous condition in it.
o. Personal And Advertising Injury
"Bodily injury" arising out of "personal and ad-
vertising injury".
p. Electronic Data
Damages arising out of the loss of, loss of use
of, damage to, corruption of, inability to access,
or inability to manipulate electronic data.
As used in this exclusion, 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 equipment.
q. Distribution Of Material In Violation Of
Statutes
"Bodily injury" or "property damage" arising di-
rectly or indirectly out of any action or omission
that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law; or
(2) The CAN-SPAM Act of 2003, including any
amendment of or addition to such law; or
(3) Any statute, ordinance or regulation, other
than the TCPA or CAN-SPAM Act of 2003,
that prohibits or limits the sending, transmit-
ting, communicating or distribution of mate-
rial or information.
Page 6 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07
Exclusions c. through n. do not apply to damage
by fire to premises while rented to you or tempo-
rarily 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.
COVERAGE B PERSONAL AND ADVERTISING
INJURY LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured be-
comes legally obligated to pay as damages
because of "personal and advertising injury" to
which this insurance applies. We will have the
right and duty to defend the insured against
any "suit" seeking those damages. However,
we will have no duty to defend the insured
against any "suit" seeking damages for "per-
sonal and advertising injury" to which this in-
surance does not apply. We may, at our discre-
tion, investigate any offense and settle any
claim or "suit" that may result. But:
(1) The amount we will pay for damages is
limited as described in Section III – Limits
Of Insurance; and
(2) Our right and duty to defend end when we
have used up the applicable limit of insur-
ance in the payment of judgments or set-
tlements under Coverages A or B or medi-
cal expenses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless ex-
plicitly provided for under Supplementary Pay-
ments – Coverages A and B.
b. This insurance applies to "personal and adver-
tising injury" caused by an offense arising out
of your business but only if the offense was
committed in the "coverage territory" during the
policy period.
2. Exclusions
This insurance does not apply to:
a. Knowing Violation Of Rights Of Another
"Personal and advertising injury" caused by or
at the direction of the insured with the knowl-
edge that the act would violate the rights of an-
other and would inflict "personal and advertis-
ing injury".
b. Material Published With Knowledge Of
Falsity
"Personal and advertising injury" arising out of
oral or written publication of material, if done by
or at the direction of the insured with knowl-
edge of its falsity.
c. Material Published Prior To Policy Period
"Personal and advertising injury" arising out of
oral or written publication of material whose
first publication took place before the beginning
of the policy period.
d. Criminal Acts
"Personal and advertising injury" arising out of
a criminal act committed by or at the direction
of the insured.
e. Contractual Liability
"Personal and advertising injury" for which the
insured has assumed liability in a contract or
agreement. This exclusion does not apply to li-
ability for damages that the insured would have
in the absence of the contract or agreement.
f. Breach Of Contract
"Personal and advertising injury" arising out of
a breach of contract, except an implied con-
tract to use another's advertising idea in your
"advertisement".
g. Quality Or Performance Of Goods – Failure
To Conform To Statements
"Personal and advertising injury" arising out of
the failure of goods, products or services to
conform with any statement of quality or per-
formance made in your "advertisement".
h. Wrong Description Of Prices
"Personal and advertising injury" arising out of
the wrong description of the price of goods,
products or services stated in your "advertise-
ment".
i. Infringement Of Copyright, Patent,
Trademark Or Trade Secret
"Personal and advertising injury" arising out of
the infringement of copyright, patent, trade-
mark, trade secret or other intellectual property
rights. Under this exclusion, such other intellec-
tual property rights do not include the use of
another's advertising idea in your "advertise-
ment".
However, this exclusion does not apply to in-
fringement, in your "advertisement", of copy-
right, trade dress or slogan.
j. Insureds In Media And Internet Type
Businesses
"Personal and advertising injury" committed by
an insured whose business is:
(1) Advertising, broadcasting, publishing or
telecasting;
(2) Designing or determining content of web-
sites for others; or
CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 7 of 16
(3) An Internet search, access, content or
service provider.
However, this exclusion does not apply to
Paragraphs 14.a., b. and c. of "personal and
advertising injury" under the Definitions Sec-
tion.
For the purposes of this exclusion, the placing
of frames, borders or links, or advertising, for
you or others anywhere on the Internet, is not
by itself, considered the business of advertis-
ing, broadcasting, publishing or telecasting.
k. Electronic Chatrooms Or Bulletin Boards
"Personal and advertising injury" arising out of
an electronic chatroom or bulletin board the in-
sured hosts, owns, or over which the insured
exercises control.
l. Unauthorized Use Of Another's Name Or
Product
"Personal and advertising injury" arising out of
the unauthorized use of another's name or
product in your e-mail address, domain name
or metatag, or any other similar tactics to mis-
lead another's potential customers.
m. Pollution
"Personal and advertising injury" arising out of
the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or es-
cape of "pollutants" at any time.
n. Pollution-Related
Any loss, cost or expense arising out of any:
(1) Request, demand, order or statutory or
regulatory requirement that any insured or
others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in
any way respond to, or assess the effects
of, "pollutants"; or
(2) Claim or suit by or on behalf of a govern-
mental authority for damages because of
testing for, monitoring, cleaning up, remov-
ing, containing, treating, detoxifying or neu-
tralizing, or in any way responding to, or
assessing the effects of, "pollutants".
o. War
"Personal and advertising injury", however
caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any govern-
ment, sovereign or other authority using
military personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental au-
thority in hindering or defending against any
of these.
p. Distribution Of Material In Violation Of
Statutes
"Personal and advertising injury" arising di-
rectly or indirectly out of any action or omission
that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law; or
(2) The CAN-SPAM Act of 2003, including any
amendment of or addition to such law; or
(3) Any statute, ordinance or regulation, other
than the TCPA or CAN-SPAM Act of 2003,
that prohibits or limits the sending, transmit-
ting, communicating or distribution of mate-
rial or information.
COVERAGE C MEDICAL PAYMENTS
1. Insuring Agreement
a. We will pay medical expenses as described
below for "bodily injury" caused by an accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or rent;
or
(3) Because of your operations;
provided that:
(a) The accident takes place in the "cover-
age territory" and during the policy pe-
riod;
(b) The expenses are incurred and reported
to us within one year of the date of the
accident; and
(c) The injured person submits to examina-
tion, at our expense, by physicians of
our choice as often as we reasonably
require.
b. We will make these payments regardless of
fault. These payments will not exceed the ap-
plicable limit of insurance. We will pay reason-
able expenses for:
(1) First aid administered at the time of an
accident;
(2) Necessary medical, surgical, x-ray and
dental services, including prosthetic de-
vices; and
(3) Necessary ambulance, hospital, profes-
sional nursing and funeral services.
Page 8 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07
2. Exclusions
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf of
any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of premises
you own or rent that the person normally occu-
pies.
d. Workers Compensation And Similar Laws
To a person, whether or not an "employee" of
any insured, if benefits for the "bodily injury"
are payable or must be provided under a work-
ers' compensation or disability benefits law or a
similar law.
e. Athletics Activities
To a person injured while practicing, instructing
or participating in any physical exercises or
games, sports, or athletic contests.
f. Products-Completed Operations Hazard
Included within the "products-completed opera-
tions hazard".
g. Coverage A Exclusions
Excluded under Coverage A.
SUPPLEMENTARY PAYMENTS – COVERAGES A
AND B
1. We will pay, with respect to any claim we investi-
gate or settle, or any "suit" against an insured we
defend:
a. All expenses we incur.
b. Up to $250 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.
c. The cost of bonds to release attachments, but
only for bond amounts within the applicable
limit of insurance. We do not have to furnish
these bonds.
d. All reasonable expenses incurred by the in-
sured at our request to assist us in the investi-
gation or defense of the claim or "suit", includ-
ing actual loss of earnings up to $250 a day
because of time off from work.
e. All court costs taxed against the insured in the
"suit". However, these payments do not include
attorneys' fees or attorneys' expenses taxed
against the insured.
f. Prejudgment interest awarded against the
insured on that part of the judgment we pay. If
we make an offer to pay the applicable limit of
insurance, we will not pay any prejudgment in-
terest based on that period of time after the of-
fer.
g. All interest on the full amount of any judgment
that accrues after entry of the judgment and
before we have paid, offered to pay, or depos-
ited in court the part of the judgment that is
within the applicable limit of insurance.
These payments will not reduce the limits of insur-
ance.
2. If we defend an insured against a "suit" and an
indemnitee of the insured is also named as a party
to the "suit", we will defend that indemnitee if all of
the following conditions are met:
a. The "suit" against the indemnitee seeks dam-
ages for which the insured has assumed the li-
ability of the indemnitee in a contract or agree-
ment that is an "insured contract";
b. This insurance applies to such liability as-
sumed by the insured;
c. The obligation to defend, or the cost of the
defense of, that indemnitee, has also been as-
sumed by the insured in the same "insured
contract";
d. The allegations in the "suit" and the information
we know about the "occurrence" are such that
no conflict appears to exist between the inter-
ests of the insured and the interests of the in-
demnitee;
e. The indemnitee and the insured ask us to
conduct and control the defense of that indem-
nitee against such "suit" and agree that we can
assign the same counsel to defend the insured
and the indemnitee; and
f. The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with us in the investigation,
settlement or defense of the "suit";
(b) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
"suit";
(c) Notify any other insurer whose coverage
is available to the indemnitee; and
(d) Cooperate with us with respect to coor-
dinating other applicable insurance
available to the indemnitee; and
(2) Provides us with written authorization to:
(a) Obtain records and other information
related to the "suit"; and
CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 9 of 16
(b) Conduct and control the defense of the
indemnitee in such "suit".
So long as the above conditions are met, attor-
neys' fees incurred by us in the defense of that in-
demnitee, necessary litigation expenses incurred
by us and necessary litigation expenses incurred
by the indemnitee at our request will be paid as
Supplementary Payments. Notwithstanding the
provisions of Paragraph 2.b.(2) of Section I – Cov-
erage A – Bodily Injury And Property Damage Li-
ability, such payments will not be deemed to be
damages for "bodily injury" and "property damage"
and will not reduce the limits of insurance.
Our obligation to defend an insured's indemnitee
and to pay for attorneys' fees and necessary litiga-
tion expenses as Supplementary Payments ends
when we have used up the applicable limit of in-
surance in the payment of judgments or settle-
ments or the conditions set forth above, or the
terms of the agreement described in Paragraph f.
above, are no longer met.
SECTION II – WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are insur-
eds, but only with respect to the conduct of a
business of which you are the sole owner.
b. A partnership or joint venture, you are an in-
sured. Your members, your partners, and their
spouses are also insureds, but only with re-
spect to the conduct of your business.
c. A limited liability company, you are an insured.
Your members are also insureds, but only with
respect to the conduct of your business. Your
managers are insureds, but only with respect
to their duties as your managers.
d. An organization other than a partnership, joint
venture or limited liability company, you are an
insured. Your "executive officers" and directors
are insureds, but only with respect to their du-
ties as your officers or directors. Your stock-
holders are also insureds, but only with respect
to their liability as stockholders.
e. A trust, you are an insured. Your trustees are
also insureds, but only with respect to their du-
ties as trustees.
2. Each of the following is also an insured:
a. Your "volunteer workers" only while performing
duties related to the conduct of your business,
or your "employees", other than either your
"executive officers" (if you are an organization
other than a partnership, joint venture or limited
liability company) or your managers (if you are
a limited liability company), but only for acts
within the scope of their employment by you or
while performing duties related to the conduct
of your business. However, none of these "em-
ployees" or "volunteer workers" are insureds
for:
(1) "Bodily injury" or "personal and advertising
injury":
(a) To you, to your partners or members (if
you are a partnership or joint venture),
to your members (if you are a limited li-
ability company), to a co-"employee"
while in the course of his or her em-
ployment or performing duties related to
the conduct of your business, or to your
other "volunteer workers" while perform-
ing duties related to the conduct of your
business;
(b) To the spouse, child, parent, brother or
sister of that co-"employee" or "volun-
teer worker" as a consequence of Para-
graph (1)(a) above;
(c) For which there is any obligation to
share damages with or repay someone
else who must pay damages because of
the injury described in Paragraphs (1)(a)
or (b) above; or
(d) Arising out of his or her providing or
failing to provide professional health
care services.
(2) "Property damage" to property:
(a) Owned, occupied or used by,
(b) Rented to, in the care, custody or con-
trol of, or over which physical control is
being exercised for any purpose by
you, any of your "employees", "volunteer
workers", any partner or member (if you are
a partnership or joint venture), or any mem-
ber (if you are a limited liability company).
Page 10 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07
b. Any person (other than your "employee" or
"volunteer worker"), or any organization while
acting as your real estate manager.
c. Any person or organization having proper
temporary custody of your property if you die,
but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has been
appointed.
d. Your legal representative if you die, but only
with respect to duties as such. That represen-
tative will have all your rights and duties under
this Coverage Part.
3. Any organization you newly acquire or form, other
than a partnership, joint venture or limited liability
company, and over which you maintain ownership
or majority interest, will qualify as a Named In-
sured if there is no other similar insurance avail-
able to that organization. However:
a. Coverage under this provision is afforded only
until the 90th day after you acquire or form the
organization or the end of the policy period,
whichever is earlier;
b. Coverage A does not apply to "bodily injury" or
"property damage" that occurred before you
acquired or formed the organization; and
c. Coverage B does not apply to "personal and
advertising injury" arising out of an offense
committed before you acquired or formed the
organization.
No person or organization is an insured with respect
to the conduct of any current or past partnership, joint
venture or limited liability company that is not shown
as a Named Insured in the Declarations.
SECTION III – LIMITS OF INSURANCE
1. The Limits of Insurance shown in the Declarations
and the rules below fix the most we will pay re-
gardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
2. The General Aggregate Limit is the most we will
pay for the sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except damages
because of "bodily injury" or "property damage"
included in the "products-completed operations
hazard"; and
c. Damages under Coverage B.
3. The Products-Completed Operations Aggregate
Limit is the most we will pay under Coverage A for
damages because of "bodily injury" and "property
damage" included in the "products-completed op-
erations hazard".
4. Subject to Paragraph 2. above, the Personal and
Advertising Injury Limit is the most we will pay un-
der Coverage B for the sum of all damages be-
cause of all "personal and advertising injury" sus-
tained by any one person or organization.
5. Subject to Paragraph 2. or 3. above, whichever
applies, the Each Occurrence Limit is the most we
will pay for the sum of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage C
because of all "bodily injury" and "property dam-
age" arising out of any one "occurrence".
6. Subject to Paragraph 5. above, the Damage To
Premises Rented To You Limit 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,
while rented to you or temporarily occupied by you
with permission of the owner.
7. Subject to Paragraph 5. above, the Medical Ex-
pense Limit is the most we will pay under Cover-
age C for all medical expenses because of "bodily
injury" sustained by any one person.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12
months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.
SECTION IV – COMMERCIAL GENERAL LIABILITY
CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of the
insured's estate will not relieve us of our obliga-
tions under this Coverage Part.
2. Duties In The Event Of Occurrence, Offense,
Claim Or Suit
a. 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. To the extent pos-
sible, notice should include:
(1) How, when and where the "occurrence" or
offense took place;
(2) The names and addresses of any injured
persons and witnesses; and
CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 11 of 16
(3) The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
b. If a claim is made or "suit" is brought against
any insured, you must:
(1) Immediately record the specifics of the
claim or "suit" and the date received; and
(2) Notify us as soon as practicable.
You must see to it that we receive written no-
tice of the claim or "suit" as soon as practica-
ble.
c. You and any other involved insured must:
(1) Immediately send us copies of any de-
mands, notices, summonses or legal pa-
pers received in connection with the claim
or "suit";
(2) Authorize us to obtain records and other
information;
(3) Cooperate with us in the investigation or
settlement of the claim or defense against
the "suit"; and
(4) Assist us, upon our request, in the en-
forcement of any right against any person
or organization which may be liable to the
insured because of injury or damage to
which this insurance may also apply.
d. No insured will, except at that insured's own
cost, voluntarily make a payment, assume any
obligation, or incur any expense, other than for
first aid, without our consent.
3. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us into
a "suit" asking for damages from an insured; or
b. To sue us on this Coverage Part unless all of
its terms have been fully complied with.
A person or organization may sue us to recover on
an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this Coverage Part or that are in excess of the ap-
plicable limit of insurance. An agreed settlement
means a settlement and release of liability signed
by us, the insured and the claimant or the claim-
ant's legal representative.
4. Other Insurance
If other valid and collectible insurance is available
to the insured for a loss we cover under Cover-
ages A or B of this Coverage Part, our obligations
are limited as follows:
a. Primary Insurance
This insurance is primary except when Para-
graph b. below applies. If this insurance is pri-
mary, our obligations are not affected unless
any of the other insurance is also primary.
Then, we will share with all that other insur-
ance by the method described in Paragraph c.
below.
b. Excess Insurance
(1) This insurance is excess over:
(a) Any of the other insurance, whether
primary, excess, contingent or on any
other basis:
(i) That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(ii) That is Fire insurance for premises
rented to you or temporarily occu-
pied by you with permission of the
owner;
(iii) That is insurance purchased by you
to cover your liability as a tenant for
"property damage" to premises
rented to you or temporarily occu-
pied by you with permission of the
owner; or
(iv) If the loss arises out of the mainte-
nance or use of aircraft, "autos" or
watercraft to the extent not subject to
Exclusion g. of Section I – Coverage
A – Bodily Injury And Property Dam-
age Liability.
(b) Any other primary insurance available to
you covering liability for damages aris-
ing out of the premises or operations, or
the products and completed operations,
for which you have been added as an
additional insured by attachment of an
endorsement.
(2) When this insurance is excess, we will have
no duty under Coverages A or B to defend
the insured against any "suit" if any other
insurer has a duty to defend the insured
against that "suit". If no other insurer de-
fends, we will undertake to do so, but we
will be entitled to the insured's rights
against all those other insurers.
Page 12 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07
(3) When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
(a) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(b) The total of all deductible and self-
insured amounts under all that other in-
surance.
(4) We will share the remaining loss, if any,
with any other insurance that is not de-
scribed in this Excess Insurance provision
and was not bought specifically to apply in
excess of the Limits of Insurance shown in
the Declarations of this Coverage Part.
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method
also. Under this approach each insurer con-
tributes equal amounts until it has paid its ap-
plicable limit of insurance or none of the loss
remains, whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each insurer's
share is based on the ratio of its applicable
limit of insurance to the total applicable limits of
insurance of all insurers.
5. Premium Audit
a. We will compute all premiums for this Cover-
age Part in accordance with our rules and
rates.
b. Premium shown in this Coverage Part as ad-
vance premium is a deposit premium only. At
the close of each audit period we will compute
the earned premium for that period and send
notice to the first Named Insured. The due date
for audit and retrospective premiums is the
date shown as the due date on the bill. If the
sum of the advance and audit premiums paid
for the policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the information we need for premium computa-
tion, and send us copies at such times as we
may request.
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are accu-
rate and complete;
b. Those statements are based upon representa-
tions you made to us; and
c. We have issued this policy in reliance upon
your representations.
7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this in-
surance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom claim
is made or "suit" is brought.
8. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of
any payment we have made under this Coverage
Part, those rights are transferred to us. The in-
sured must do nothing after loss to impair them. At
our request, the insured will bring "suit" or transfer
those rights to us and help us enforce them.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured
shown in the Declarations written notice of the
nonrenewal not less than 30 days before the expi-
ration date.
If notice is mailed, proof of mailing will be sufficient
proof of notice.
SECTION V – DEFINITIONS
1. "Advertisement" means a notice that is broadcast
or published to the general public or specific mar-
ket segments about your goods, products or ser-
vices for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding web-sites, only that part of a web-
site that is about your goods, products or ser-
vices for the purposes of attracting customers
or supporters is considered an advertisement.
2. "Auto" means:
a. A land motor vehicle, trailer or semitrailer de-
signed for travel on public roads, including any
attached machinery or equipment; or
b. Any other land vehicle that is subject to a com-
pulsory or financial responsibility law or other
motor vehicle insurance law in the state where
it is licensed or principally garaged.
However, "auto" does not include "mobile equip-
ment".
CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 13 of 16
3. "Bodily injury" means bodily injury, sickness or
disease sustained by a person, including death re-
sulting from any of these at any time.
4. "Coverage territory" means:
a. The United States of America (including its
territories and possessions), Puerto Rico and
Canada;
b. International waters or airspace, but only if the
injury or damage occurs in the course of travel
or transportation between any places included
in Paragraph a. above; or
c. All other parts of the world if the injury or dam-
age arises out of:
(1) Goods or products made or sold by you in
the territory described in Paragraph a.
above;
(2) The activities of a person whose home is in
the territory described in Paragraph a.
above, but is away for a short time on your
business; or
(3) "Personal and advertising injury" offenses
that take place through the Internet or simi-
lar electronic means of communication
provided the insured's responsibility to pay dam-
ages is determined in a "suit" on the merits, in the
territory described in Paragraph a. above or in a
settlement we agree to.
5. "Employee" includes a "leased worker". "Em-
ployee" does not include a "temporary worker".
6. "Executive officer" means a person holding any of
the officer positions created by your charter, con-
stitution, by-laws or any other similar governing
document.
7. "Hostile fire" means one which becomes uncon-
trollable or breaks out from where it was intended
to be.
8. "Impaired property" means tangible property, other
than "your product" or "your work", that cannot be
used or is less useful because:
a. It incorporates "your product" or "your work"
that is known or thought to be defective, defi-
cient, inadequate or dangerous; or
b. You have failed to fulfill the terms of a contract
or agreement;
if such property can be restored to use by the re-
pair, replacement, adjustment or removal of "your
product" or "your work" or your fulfilling the terms
of the contract or agreement.
9. "Insured contract" means:
a. A contract for a lease of premises. However,
that portion of the contract for a lease of prem-
ises that indemnifies any person or organiza-
tion for damage by fire to premises while
rented to you or temporarily occupied by you
with permission of the owner is not an "insured
contract";
b. A sidetrack agreement;
c. Any easement or license agreement, except in
connection with construction or demolition op-
erations on or within 50 feet of a railroad;
d. An obligation, as required by ordinance, to
indemnify a municipality, except in connection
with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement
pertaining to your business (including an in-
demnification of a municipality in connection
with work performed for a municipality) under
which you assume the tort liability of another
party to pay for "bodily injury" or "property dam-
age" to a third person or organization. Tort li-
ability means a liability that would be imposed
by law in the absence of any contract or
agreement.
Paragraph f. does not include that part of any
contract or agreement:
(1) That indemnifies a railroad for "bodily injury"
or "property damage" arising out of con-
struction or demolition operations, within 50
feet of any railroad property and affecting
any railroad bridge or trestle, tracks, road-
beds, tunnel, underpass or crossing;
(2) That indemnifies an architect, engineer or
surveyor for injury or damage arising out of:
(a) Preparing, approving, or failing to pre-
pare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and specifi-
cations; or
(b) Giving directions or instructions, or
failing to give them, if that is the primary
cause of the injury or damage; or
(3) Under which the insured, if an architect,
engineer or surveyor, assumes liability for
an injury or damage arising out of the in-
sured's rendering or failure to render pro-
fessional services, including those listed in
(2) above and supervisory, inspection, ar-
chitectural or engineering activities.
Page 14 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07
10. "Leased worker" means a person leased to you by
a labor leasing firm under an agreement between
you and the labor leasing firm, to perform duties
related to the conduct of your business. "Leased
worker" does not include a "temporary worker".
11. "Loading or unloading" means the handling of
property:
a. After it is moved from the place where it is
accepted for movement into or onto an aircraft,
watercraft or "auto";
b. While it is in or on an aircraft, watercraft or
"auto"; or
c. While it is being moved from an aircraft, water-
craft or "auto" to the place where it is finally de-
livered;
but "loading or unloading" does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not at-
tached to the aircraft, watercraft or "auto".
12. "Mobile equipment" means any of the following
types of land vehicles, including any attached ma-
chinery or equipment:
a. Bulldozers, farm machinery, forklifts and other
vehicles designed for use principally off public
roads;
b. Vehicles maintained for use solely on or next to
premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, main-
tained primarily to provide mobility to perma-
nently mounted:
(1) Power cranes, shovels, loaders, diggers or
drills; or
(2) Road construction or resurfacing equipment
such as graders, scrapers or rollers;
e. Vehicles not described in Paragraph a., b., c.
or d. above that are not self-propelled and are
maintained primarily to provide mobility to per-
manently attached equipment of the following
types:
(1) Air compressors, pumps and generators,
including spraying, welding, building clean-
ing, geophysical exploration, lighting and
well servicing equipment; or
(2) Cherry pickers and similar devices used to
raise or lower workers;
f. Vehicles not described in Paragraph a., b., c.
or d. above maintained primarily for purposes
other than the transportation of persons or
cargo.
However, self-propelled vehicles with the fol-
lowing types of permanently attached equip-
ment are not "mobile equipment" but will be
considered "autos":
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not construction
or resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices mounted
on automobile or truck chassis and used to
raise or lower workers; and
(3) Air compressors, pumps and generators,
including spraying, welding, building clean-
ing, geophysical exploration, lighting and
well servicing equipment.
However, "mobile equipment" does not include
any land vehicles that are subject to a compulsory
or financial responsibility law or other motor vehi-
cle insurance law in the state where it is licensed
or principally garaged. Land vehicles subject to a
compulsory or financial responsibility law or other
motor vehicle insurance law are considered
"autos".
13. "Occurrence" means an accident, including con-
tinuous or repeated exposure to substantially the
same general harmful conditions.
14. "Personal and advertising injury" means injury,
including consequential "bodily injury", arising out
of one or more of the following offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. The wrongful eviction from, wrongful entry into,
or invasion of the right of private occupancy of
a room, dwelling or premises that a person oc-
cupies, committed by or on behalf of its owner,
landlord or lessor;
d. Oral or written publication, in any manner, of
material that slanders or libels a person or or-
ganization or disparages a person's or organi-
zation's goods, products or services;
e. Oral or written publication, in any manner, of
material that violates a person's right of pri-
vacy;
f. The use of another's advertising idea in your
"advertisement"; or
g. Infringing upon another's copyright, trade dress
or slogan in your "advertisement".
CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 15 of 16
15. "Pollutants" mean any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
16. "Products-completed operations hazard":
a. Includes all "bodily injury" and "property dam-
age" occurring away from premises you own or
rent and arising out of "your product" or "your
work" except:
(1) Products that are still in your physical pos-
session; or
(2) Work that has not yet been completed or
abandoned. However, "your work" will be
deemed completed at the earliest of the fol-
lowing times:
(a) When all of the work called for in your
contract has been completed.
(b) When all of the work to be done at the
job site has been completed if your con-
tract calls for work at more than one job
site.
(c) When that part of the work done at a job
site has been put to its intended use by
any person or organization other than
another contractor or subcontractor
working on the same project.
Work that may need service, maintenance,
correction, repair or replacement, but which
is otherwise complete, will be treated as
completed.
b. Does not include "bodily injury" or "property
damage" arising out of:
(1) The transportation of property, unless the
injury or damage arises out of a condition in
or on a vehicle not owned or operated by
you, and that condition was created by the
"loading or unloading" of that vehicle by any
insured;
(2) The existence of tools, uninstalled equip-
ment or abandoned or unused materials; or
(3) Products or operations for which the classi-
fication, listed in the Declarations or in a
policy schedule, states that products-
completed operations are subject to the
General Aggregate Limit.
17. "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; or
b. Loss of use of tangible property that is not
physically injured. All such loss of use shall be
deemed to occur at the time of the "occur-
rence" that caused it.
For the purposes of this insurance, electronic data
is not tangible property.
As used in this definition, electronic data means
information, facts or programs stored as or on,
created or used on, or transmitted to or from com-
puter 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
equipment.
18. "Suit" means a civil proceeding in which damages
because of "bodily injury", "property damage" or
"personal and advertising injury" to which this in-
surance applies are alleged. "Suit" includes:
a. An arbitration proceeding in which such dam-
ages are claimed and to which the insured
must submit or does submit with our consent;
or
b. Any other alternative dispute resolution pro-
ceeding in which such damages are claimed
and to which the insured submits with our con-
sent.
19. "Temporary worker" means a person who is fur-
nished to you to substitute for a permanent "em-
ployee" on leave or to meet seasonal or short-term
workload conditions.
20. "Volunteer worker" means a person who is not
your "employee", and who donates his or her work
and acts at the direction of and within the scope of
duties determined by you, and is not paid a fee,
salary or other compensation by you or anyone
else for their work performed for you.
21. "Your product":
a. Means:
(1) Any goods or products, other than real
property, manufactured, sold, handled, dis-
tributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose busi-
ness or assets you have acquired; and
(2) Containers (other than vehicles), materials,
parts or equipment furnished in connection
with such goods or products.
b. Includes:
(1) Warranties or representations made at any
time with respect to the fitness, quality, du-
rability, performance or use of "your prod-
uct"; and
Page 16 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07
(2) The providing of or failure to provide warn-
ings or instructions.
c. Does not include vending machines or other
property rented to or located for the use of oth-
ers but not sold.
22. "Your work":
a. Means:
(1) Work or operations performed by you or on
your behalf; and
(2) Materials, parts or equipment furnished in
connection with such work or operations.
b.Includes:
(1) Warranties or representations made at any
time with respect to the fitness, quality, du-
rability, performance or use of "your work",
and
(2) The providing of or failure to provide warn-
ings or instructions.
Endorsements
Hiscox Insurance Company Inc.
Policy Number:
Named Insured:
Endorsement Number:
Endorsement Effective:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CGL E5401 CW (03/10)
Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
DEFINITION OF EMPLOYEE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
In Section V – DEFINITIONS, Definition 5.
“Employee” is deleted and replaced with the
following:
5. “Employee” includes a “leased worker” and a
“temporary worker”.
UDC-4052431-CGL-21
Richard Yau
1
January 28, 2021
Hiscox Insurance Company Inc.
Policy Number:
Named Insured:
Endorsement Number:
Endorsement Effective:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CGL E5403 CW (03/10) Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
NOTICE INFORMATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Where To Send Notice
Phone: 866-424-8508
Email: reportaclaim@hiscox.com
Mail: Hiscox
520 Madison Avenue-32nd Floor
Attn: Direct Claims
New York, NY, 10022
Subparagraph 2. Duties In The Event Of Occur-
rence, Offense, Claim Or Suit in Section IV –
COMMERCIAL GENERAL LIABILITY CONDI-
TIONS is amended to include the following:
Any notification required by this policy shall be pro-
vided to us at the address listed in the above
SCHEDULE.
UDC-4052431-CGL-21
Richard Yau
2
January 28, 2021
Hiscox Insurance Company Inc.
Policy Number:
Named Insured:
Endorsement Number:
Endorsement Effective:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CGL E5404 CW (03/10)
Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
EXCLUSION – PERSONAL INFORMATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Paragraph 2. Exclusions under Section I – COV-
ERAGE A – BODILY INJURY AND PROPERTY
DAMAGE LIABILITY , COVERAGE B – PERSONAL
AND ADVERTISING INJURY LIABILITY, and
COVERAGE C – MEDICAL PAYMENTS is
amended to include the following exclusion:
Personal Information
“Bodily injury”, “property damage” or “personal and
advertising injury” caused by the insured’s failure to
protect any non-public, personally identifiable infor-
mation in the insured’s care, custody or control.
UDC-4052431-CGL-21
Richard Yau
3
January 28, 2021
Hiscox Insurance Company Inc.
Policy Number:
Named Insured:
Endorsement Number:
Endorsement Effective:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CGL E5405 CW (03/10)
Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
EXCLUSION – DAMAGE TO PRIMARY RESIDENCE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
With respect to a premises that is an insured’s primary residence:
A. The last paragraph ("Exclusions c. through n. do
not apply . . . ") of Paragraph 2., Exclusions un-
der Section I – Coverage A – Bodily Injury And
Property Damage Liability is deleted.
B. The first exception ("Paragraphs (1), (3) and (4)
of this exclusion do not apply . . . ") to Exclusion
j., Damage To Property of Paragraph 2., Exclu-
sions of Section I – Coverage A – Bodily Injury
And Property Damage Liability is deleted.
C. Paragraph 6. of Section III – Limits Of Insur-
ance is deleted.
D. Any reference in the Declarations to "Damage To
Premises Rented To You" is deleted.
UDC-4052431-CGL-21
Richard Yau
4
January 28, 2021
Hiscox Insurance Company Inc.
Policy Number:
Named Insured:
Endorsement Number:
Endorsement Effective:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CGL E5407 CW (03/10)
Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
EXCLUSION – PROFESSIONAL SERVICES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Paragraph 2. Exclusions under Section I –
COVERAGE A – BODILY INJURY AND PROPER-
TY DAMAGE LIABILITY , and COVERAGE B –
PERSONAL AND ADVERTISING INJURY
LIABILITY, is amended to include the following
exclusion:
Professional Services
“Bodily injury”, “property damage” or “personal and
advertising injury” caused by the rendering or failure
to render any professional service.
This exclusion applies even if the claims allege neg-
ligence or other wrongdoing in the supervision, hir-
ing, employment, training or monitoring of others by
an 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 or failure to render any pro-
fessional service.
UDC-4052431-CGL-21
Richard Yau
5
January 28, 2021
Hiscox Insurance Company Inc.
Policy Number:
Named Insured:
Endorsement Number:
Endorsement Effective:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CGL E5408 CW (03/10)
Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CANCELLATION PROVISION
(14 DAY FULL REFUND)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
All Coverage Parts included in this policy are subject to the following condition:
Notwithstanding anything in the “COMMON POLICY
CONDITIONS” or any other cancellation provision to
the contrary, if the first Named Insured cancels
within 14 days of the inception of the policy period
shown in the Declarations without there having
been: (i) an “occurrence” that caused “bodily in-
jury” or “property damage”; (ii) an offense arising
out of your business that caused a “personal and
advertising injury”; or (iii) an accident that caused
“bodily injury”; then we shall return in full any pre-
mium amount actually paid to us. In such event,
the effective date of cancellation shall be deemed
to be the inception date of the policy period shown
in the Declarations.
UDC-4052431-CGL-21
Richard Yau
6
January 28, 2021
Hiscox Insurance Company Inc.
Policy Number:
Named Insured:
Endorsement Number:
Endorsement Effective:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CGL E5409 CW (03/10) Page 1 of 1
RIGHT AND DUTY TO SELECT DEFENSE COUNSEL
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
In regard to any covered “suit” seeking damages
under Section I – COVERAGE A – BODILY IN-
JURY AND PROPERTY DAMAGE LIABILITY or
COVERAGE B – PERSONAL AND ADVERTISING
INJURY LIABILITY, our right and duty to defend
shall include the right to select defense counsel.
UDC-4052431-CGL-21
Richard Yau
7
January 28, 2021
Hiscox Insurance Company Inc.
Policy Number:
Named Insured:
Endorsement Number:
Endorsement Effective:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CGL E5416 CW (01/13) Page 1 of 1
EXCLUSION – CONSTRUCTION MANAGEMENT
ERRORS AND OMISSIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following exclusion is added to Paragraph 2.,
Exclusions of Section I – Coverage A – Bodily
Injury And Property Damage Liability and
Paragraph 2., Exclusions of Section I – Coverage B
–Personal And Advertising Injury Liability:
This insurance does not apply to “bodily injury”,
“property damage” or “personal and advertising injury”
arising out of:
1.The preparing, approving, or failure to prepare
or approve, maps, shop drawings, opinions,
reports, surveys, field orders, change orders
or drawings and specifications by any
architect, engineer or surveyor performing
services on a project on which you serve as a
construction manager; or
2.Inspection, supervision, quality control,
architectural or engineering activities done by
or for you on a project on which you serve as
construction manager.
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 that which is described in
Paragraph 1. or 2..
UDC-4052431-CGL-21
Richard Yau
8
January 28, 2021
Hiscox Insurance Company Inc.
Policy Number:
Named Insured:
Endorsement Number:
Endorsement Effective:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CGL E5421 CW (02/14) Includes copyrighted material of Insurance Services Office, Inc., with its
permission.
Page 1 of 1
ADDITIONAL INSURED – AUTOMATIC STATUS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II – Who Is An Insured is amended
to include as an additional insured any per-
son(s) or organization(s) for whom you are
performing operations or leasing a premises
when you and such person(s) or organiza-
tion(s) have agreed in writing in a contract or
agreement that such person(s) or organiza-
tion(s) be added as an additional insured on
your policy. Such person or organization is
an additional insured only with respect to lia-
bility for "bodily injury", "property damage" or
"personal and advertising injury" caused, in
whole or in part, by your acts or omissions or
the acts or omissions of those acting on your
behalf:
1.In the performance of your ongoing opera-
tions; or
2.In connection with your premises owned by or
rented to you.
A person's or organization's status as an addi-
tional insured under this endorsement ends
when your operations or lease agreement for
that additional insured are completed.
UDC-4052431-CGL-21
Richard Yau
9
January 28, 2021
Hiscox Insurance Company Inc.
Policy Number:
Named Insured:
Endorsement Number:
Endorsement Effective:
IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 2
COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.
A. Cancellation
1. The first Named Insured shown in the Declara-
tions may cancel this policy by mailing or deli-
vering to us advance written notice of cancella-
tion.
2. We may cancel this policy by mailing or deliver-
ing to the first Named Insured written notice of
cancellation at least:
a. 10 days before the effective date of cancel-
lation if we cancel for nonpayment of pre-
mium; or
b. 30 days before the effective date of cancel-
lation if we cancel for any other reason.
3. We will mail or deliver our notice to the first
Named Insured's last mailing address known to
us.
4. Notice of cancellation will state the effective
date of cancellation. The policy period will end
on that date.
5. If this policy is cancelled, we will send the first
Named Insured any premium refund due. If we
cancel, the refund will be pro rata. If the first
Named Insured cancels, the refund may be
less than pro rata. The cancellation will be ef-
fective even if we have not made or offered a
refund.
6. If notice is mailed, proof of mailing will be suff i-
cient proof of notice.
B. Changes
This policy contains all the agreements between
you and us concerning the insurance afforded.
The first Named Insured shown in the Declarations
is authorized to make changes in the terms of this
policy with our consent. This policy's terms can be
amended or waived only by endorsement issued
by us and made a part of this policy.
C. Examination Of Your Books And Records
We may examine and audit your books and
records as they relate to this policy at any time dur-
ing the policy period and up to three years after-
ward.
D. Inspections And Surveys
1. We have the right to:
a. Make inspections and surveys at any time;
b. Give you reports on the conditions we find;
and
c. Recommend changes.
2. We are not obligated to make any inspections,
surveys, reports or recommendations and any
such actions we do undertake relate only to in-
surability and the premiums to be charged. We
do not make safety inspections. We do not un-
dertake to perform the duty of any person or
organization to provide for the health or safety
of workers or the public. And we do not warrant
that conditions:
a. Are safe or healthful; or
b. Comply with laws, regulations, codes or
standards.
3. Paragraphs 1. and 2. of this condition apply not
only to us, but also to any rating, advisory, rate
service or similar organization which makes in-
surance inspections, surveys, reports or rec-
ommendations.
4. Paragraph 2. of this condition does not apply to
any inspections, surveys, reports or recom-
mendations we may make relative to certifica-
tion, under state or municipal statutes, ordin-
ances or regulations, of boilers, pressure ves-
sels or elevators.
E. Premiums
The first Named Insured shown in the Declara-
tions:
1. Is responsible for the payment of all premiums;
and
2. Will be the payee for any return premiums we
pay.
UDC-4052431-CGL-21
Richard Yau
10
January 28, 2021
Page 2 of 2 Copyright, Insurance Services Office, Inc., 1982, 1983 IL 00 17 11 98
F. Transfer Of Your Rights And Duties Under This
Policy
Your rights and duties under this policy may not be
transferred without our written consent except in
the case of death of an individual named insured.
If you die, your rights and duties will be transferred
to your legal representative but only while acting
within the scope of duties as your legal representa-
tive. Until your legal representative is appointed,
anyone having proper temporary custody of your
property will have your rights and duties but only
with respect to that property.
Hiscox Insurance Company Inc.
Policy Number:
Named Insured:
Endorsement Number:
Endorsement Effective:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL Y.
IL 00 21 09 08 © ISO Properties, Inc., 2007 Page 1 of 2
NUCLEAR ENERGY LIABILITY EXCLUSION
ENDORSEMENT
(Broad Form)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. The insurance does not apply:
A. Under any Liability Coverage, to "bodily injury"
or "property damage":
(1) With respect to which an "insured" under
the policy is also an insured under a nuc-
lear energy liability policy issued by Nuclear
Energy Liability Insurance Association, Mu-
tual Atomic Energy Liability Underwriters,
Nuclear Insurance Association of Canada
or any of their successors, or would be an
insured under any such policy but for its
termination upon exhaustion of its limit of
liability; or
(2) Resulting from the "hazardous properties"
of "nuclear material" and with respect to
which (a) any person or organization is re-
quired to maintain financial protection pur-
suant to the Atomic Energy Act of 1954, or
any law amendatory thereof, or (b) the "in-
sured" is, or had this policy not been issued
would be, entitled to indemnity from the
United States of America, or any agency
thereof, under any agreement entered into
by the United States of America, or any
agency thereof, with any person or organi-
zation.
B. Under any Medical Payments coverage, to
expenses incurred with respect to "bodily in-
jury" resulting from the "hazardous properties"
of "nuclear material" and arising out of the op-
eration of a "nuclear facility" by any person or
organization.
C. Under any Liability Coverage, to "bodily injury"
or "property damage" resulting from "hazard-
ous properties" of "nuclear material", if:
(1) The "nuclear material" (a) is at any "nuclear
facility" owned by, or operated by or on be-
half of, an "insured" or (b) has been dis-
charged or dispersed therefrom;
(2) The "nuclear material" is contained in
"spent fuel" or "waste" at any time pos-
sessed, handled, used, processed, stored,
transported or disposed of, by or on behalf
of an "insured"; or
(3) The "bodily injury" or "property damage"
arises out of the furnishing by an "insured"
of services, materials, parts or equipment in
connection with the planning, construction,
maintenance, operation or use of any "nuc-
lear facility", but if such facility is located
within the United States of America, its terri-
tories or possessions or Canada, this ex-
clusion (3) applies only to "property dam-
age" to such "nuclear facility" and any
property thereat.
2. As used in this endorsement:
UDC-4052431-CGL-21
Richard Yau
11
January 28, 2021
Page 2 of 2 © ISO Properties, Inc., 2007 IL 00 21 09 08
"Hazardous properties" includes radioactive, toxic
or explosive properties.
"Nuclear material" means "source material", "spe-
cial nuclear material" or "by-product material".
"Source material", "special nuclear material", and
"by-product material" have the meanings given
them in the Atomic Energy Act of 1954 or in any
law amendatory thereof.
"Spent fuel" means any fuel element or fuel com-
ponent, solid or liquid, which has been used or ex-
posed to radiation in a "nuclear reactor".
"Waste" means any waste material (a) containing
"by-product material" other than the tailings or
wastes produced by the extraction or concentra-
tion of uranium or thorium from any ore processed
primarily for its "source material" content, and (b)
resulting from the operation by any person or or-
ganization of any "nuclear facility" included under
the first two paragraphs of the definition of "nuc-
lear facility".
"Nuclear facility" means:
(a) Any "nuclear reactor";
(b) Any equipment or device designed or used
for (1) separating the isotopes of uranium or
plutonium, (2) processing or utilizing "spent
fuel", or (3) handling, processing or packag-
ing "waste";
(c) Any equipment or device used for the
processing, fabricating or alloying of "spe-
cial nuclear material" if at any time the total
amount of such material in the custody of
the "insured" at the premises where such
equipment or device is located consists of
or contains more than 25 grams of pluto-
nium or uranium 233 or any combination
thereof, or more than 250 grams of uranium
235;
(d) Any structure, basin, excavation, premises
or place prepared or used for the storage or
disposal of "waste";
and includes the site on which any of the foregoing
is located, all operations conducted on such site
and all premises used for such operations.
"Nuclear reactor" means any apparatus designed
or used to sustain nuclear fission in a self-
supporting chain reaction or to contain a critical
mass of fissionable material.
"Property damage" includes all forms of radioac-
tive contamination of property.
Hiscox Insurance Company Inc.
Policy Number:
Named Insured:
Endorsement Number:
Endorsement Effective:
CG 00 68 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1
RECORDING AND DISTRIBUTION OF MATERIAL OR
INFORMATION IN VIOLATION OF LAW EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Exclusion q. of Paragraph 2. Exclusions of Sec-
tion I – Coverage A – Bodily Injury And Proper-
ty Damage Liability is replaced by the following:
2. Exclusions
This insurance does not apply to:
q. Recording And Distribution Of Material
Or Information In Violation Of Law
"Bodily injury" or "property damage" arising
directly or indirectly out of any action or
omission that violates or is alleged to vi-
olate:
(1) The Telephone Consumer Protection
Act (TCPA), including any amendment
of or addition to such law;
(2) The CAN-SPAM Act of 2003, including
any amendment of or addition to such
law;
(3) The Fair Credit Reporting Act (FCRA),
and any amendment of or addition to
such law, including the Fair and Accu-
rate Credit Transaction Act (FACTA); or
(4) Any federal, state or local statute, ordin-
ance or regulation, other than the TCPA,
CAN-SPAM Act of 2003 or FCRA and
their amendments and additions, that
addresses, prohibits, or limits the print-
ing, dissemination, disposal, collecting,
recording, sending, transmitting, com-
municating or distribution of material or
information.
B. Exclusion p. of Paragraph 2. Exclusions of Sec-
tion I – Coverage B – Personal And Advertising
Injury Liability is replaced by the following:
2. Exclusions
This insurance does not apply to:
p. Recording And Distribution Of Material
Or Information In Violation Of Law
"Personal and advertising injury" arising di-
rectly or indirectly out of any action or omis-
sion that violates or is alleged to violate:
(1) The Telephone Consumer Protection
Act (TCPA), including any amendment
of or addition to such law;
(2) The CAN-SPAM Act of 2003, including
any amendment of or addition to such
law;
(3) The Fair Credit Reporting Act (FCRA),
and any amendment of or addition to
such law, including the Fair and Accu-
rate Credit Transaction Act (FACTA); or
(4) An y federal, state or local statute, ordin-
ance or regulation, other than the TCPA,
CAN-SPAM Act of 2003 or FCRA and
their amendments and additions, that
addresses, prohibits, or limits the print-
ing, dissemination, disposal, collecting,
recording, sending, transmitting, com-
municating or distribution of material or
information.
UDC-4052431-CGL-21
Richard Yau
12
January 28, 2021
Hiscox Insurance Company Inc.
Policy Number:
Named Insured:
Endorsement Number:
Endorsement Effective:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 21 41 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1
EXCLUSION – INTERCOMPANY PRODUCTS SUITS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
This insurance does not apply to any claim for dam-
ages by any Named Insured against another Named
Insured because of "bodily injury" or "property dam-
age" arising out of "your products" and included
within the "products-completed operations hazard."
UDC-4052431-CGL-21
Richard Yau
13
January 28, 2021
Hiscox Insurance Company Inc.
Policy Number:
Named Insured:
Endorsement Number:
Endorsement Effective:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 32 34 01 05 © ISO Properties, Inc., 2004 Page 1 of 1
CALIFORNIA CHANGES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The term "spouse" is replaced by the following:
Spouse or registered domestic partner under Califor-
nia law.
UDC-4052431-CGL-21
Richard Yau
14
January 28, 2021
Hiscox Insurance Company Inc.
Policy Number:
Named Insured:
Endorsement Number:
Endorsement Effective:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
IL 02 70 09 08 © ISO Properties, Inc., 2007 Page 1 of 4
CALIFORNIA CHANGES – CANCELLATION
AND NONRENEWAL
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Paragraphs 2. and 3. of the Cancellation Com-
mon Policy Condition are replaced by the follow-
ing:
2. All Policies In Effect For 60 Days Or Less
If this policy has been in effect for 60 days or
less, and is not a renewal of a policy we have
previously issued, we may cancel this policy by
mailing or delivering to the first Named Insured
at the mailing address shown in the policy and
to the producer of record, advance written no-
tice of cancellation, stating the reason for can-
cellation, at least:
a. 10 days before the effective date of cancel-
lation if we cancel for:
(1) Nonpayment of premium; or
(2) Discovery of fraud by:
(a) Any insured or his or her representa-
tive in obtaining this insurance; or
(b) You or your representative in pur-
suing a claim under this policy.
b. 30 days before the effective date of cancel-
lation if we cancel for any other reason.
3. All Policies In Effect For More Than 60 Days
a. If this policy has been in effect for more
than 60 days, or is a renewal of a policy we
issued, we may cancel this policy only upon
the occurrence, after the effective date of
the policy, of one or more of the following:
(1) Nonpayment of premium, including
payment due on a prior policy we issued
and due during the current policy term
covering the same risks.
(2) Discovery of fraud or material misrepre-
sentation by:
(a) Any insured or his or her representa-
tive in obtaining this insurance; or
(b) You or your representative in pur-
suing a claim under this policy.
(3) A judgment by a court or an administra-
tive tribunal that you have violated a
California or Federal law, having as one
of its necessary elements an act which
materially increases any of the risks in-
sured against.
UDC-4052431-CGL-21
Richard Yau
15
January 28, 2021
Page 2 of 4 © ISO Properties, Inc., 2007 IL 02 70 09 08
(4) Discovery of willful or grossly negligent
acts or omissions, or of any violations of
state laws or regulations establishing
safety standards, by you or your repre-
sentative, which materially increase any
of the risks insured against.
(5) Failure by you or your representative to
implement reasonable loss control re-
quirements, agreed to by you as a con-
dition of policy issuance, or which were
conditions precedent to our use of a par-
ticular rate or rating plan, if that failure
materially increases any of the risks in-
sured against.
(6) A determination by the Commissioner of
Insurance that the:
(a) Loss of, or changes in, our reinsur-
ance covering all or part of the risk
would threaten our financial integrity
or solvency; or
(b) Continuation of the policy coverage
would:
(i) Place us in violation of California
law or the laws of the state where
we are domiciled; or
(ii) Threaten our solvency.
(7) A change by you or your representative
in the activities or property of the com-
mercial or industrial enterprise, which
results in a materially added, increased
or changed risk, unless the added, in-
creased or changed risk is included in
the policy.
b. We will mail or deliver advance written
notice of cancellation, stating the reason for
cancellation, to the first Named Insured, at
the mailing address shown in the policy,
and to the producer of record, at least:
(1) 10 days before the effective date of
cancellation if we cancel for nonpa y-
ment of premium or discovery of fraud;
or
(2) 30 days before the effective date of
cancellation if we cancel for any other
reason listed in Paragraph 3.a.
B. The following provision is added to the Cancella-
tion Common Policy Condition:
7. Residential Property
This provision applies to coverage on real
property which is used predominantly for resi-
dential purposes and consisting of not more
than four dwelling units, and to coverage on
tenants' household personal property in a resi-
dential unit, if such coverage is written under
one of the following:
Commercial Property Coverage Part
Farm Coverage Part – Farm Property – Farm
Dwellings, Appurtenant Structures And House-
hold Personal Property Coverage Form
a. If such coverage has been in effect for 60
days or less, and is not a renewal of cover-
age we previously issued, we may cancel
this coverage for any reason, except as
provided in b. and c. below.
b. We may not cancel this policy solely be-
cause the first Named Insured has:
(1) Accepted an offer of earthquake cover-
age; or
(2) Cancelled or did not renew a policy
issued by the California Earthquake Au-
thority (CEA) that included an earth-
quake policy premium surcharge.
However, we shall cancel this policy if the
first Named Insured has accepted a new or
renewal policy issued by the CEA that in-
cludes an earthquake policy premium sur-
charge but fails to pay the earthquake poli-
cy premium surcharge authorized by the
CEA.
c. We may not cancel such coverage solely
because corrosive soil conditions exist on
the premises. This Restriction (c.) applies
only if coverage is subject to one of the fol-
lowing, which exclude loss or damage
caused by or resulting from corrosive soil
conditions:
(1) Capital Assets Program Coverage Form
(Output Policy);
(2) Commercial Property Coverage Part –
Causes Of Loss – Special Form; or
(3) Farm Coverage Part – Causes Of Loss
Form – Farm Property, Paragraph D.
Covered Causes Of Loss – Special.
IL 02 70 09 08 © ISO Properties, Inc., 2007 Page 3 of 4
C. The following is added and supersedes any provi-
sions to the contrary:
NONRENEWAL
1. Subject to the provisions of Paragraphs C.2.
and C.3. below, if we elect not to renew this
policy, we will mail or deliver written notice stat-
ing the reason for nonrenewal to the first
Named Insured shown in the Declarations and
to the producer of record, at least 60 days, but
not more than 120 days, before the expiration
or anniversary date.
We will mail or deliver our notice to the first
Named Insured, and to the producer of record,
at the mailing address shown in the policy.
2. Residential Property
This provision applies to coverage on real
property used predominantly for residential
purposes and consisting of not more than four
dwelling units, and to coverage on tenants'
household property contained in a residential
unit, if such coverage is written under one of
the following:
Capital Assets Program (Output Policy) Cover-
age Part
Commercial Property Coverage Part
Farm Coverage Part – Farm Property – Farm
Dwellings, Appurtenant Structures And House-
hold Personal Property Coverage Form
a. We may elect not to renew such coverage
for any reason, except as provided in b., c.
and d. below:
b. We will not refuse to renew such coverage
solely because the first Named Insured has
accepted an offer of earthquake coverage.
However, the following applies only to in-
surers who are associate participating in-
surers as established by Cal. Ins. Code
Section 10089.16. We may elect not to re-
new such coverage after the first Named
Insured has accepted an offer of earth-
quake coverage, if one or more of the fol-
lowing reasons applies:
(1) The nonrenewal is based on sound
underwriting principles that relate to the
coverages provided by this policy and
that are consistent with the approved
rating plan and related documents filed
with the Department of Insurance as re-
quired by existing law;
(2) The Commissioner of Insurance finds
that the exposure to potential losses will
threaten our solvency or place us in a
hazardous condition. A hazardous con-
dition includes, but is not limited to, a
condition in which we make claims
payments for losses resulting from an
earthquake that occurred within the pre-
ceding two years and that required a re-
duction in policyholder surplus of at
least 25% for payment of those claims;
or
(3) We have:
(a) Lost or experienced a substantial
reduction in the availability or scope
of reinsurance coverage; or
(b) Experienced a substantial increase
in the premium charged for reinsur-
ance coverage of our residential
property insurance policies; and
the Commissioner has approved a plan
for the nonrenewals that is fair and
equitable, and that is responsive to the
changes in our reinsurance position.
c. We will not refuse to renew such coverage
solely because the first Named Insured has
cancelled or did not renew a policy, issued
by the California Earthquake Authority that
included an earthquake policy premium
surcharge.
d. We will not refuse to renew such coverage
solely because corrosive soil conditions ex-
ist on the premises. This Restriction (d.)
applies only if coverage is subject to one of
the following, which exclude loss or dam-
age caused by or resulting from corrosive
soil conditions:
(1) Capital Assets Program Coverage Form
(Output Policy);
(2) Commercial Property Coverage Part –
Causes Of Loss – Special Form; or
(3) Farm Coverage Part – Causes Of Loss
Form – Farm Property, Paragraph D.
Covered Causes Of Loss – Special.
3. We are not required to send notice of nonre-
newal in the following situations:
a. If the transfer or renewal of a policy, without
any changes in terms, conditions, or rates,
is between us and a member of our insur-
ance group.
Page 4 of 4 © ISO Properties, Inc., 2007 IL 02 70 09 08
b. If the policy has been extended for 90 days
or less, provided that notice has been given
in accordance with Paragraph C.1.
c. If you have obtained replacement coverage,
or if the first Named Insured has agreed, in
writing, within 60 days of the termination of
the policy, to obtain that coverage.
d. If the policy is for a period of no more than
60 days and you are notified at the time of
issuance that it will not be renewed.
e. If the first Named Insured requests a
change in the terms or conditions or risks
covered by the policy within 60 days of the
end of the policy period.
f. If we have made a written offer to the first
Named Insured, in accordance with the
timeframes shown in Paragraph C.1., to re-
new the policy under changed terms or
conditions or at an increased premium rate,
when the increase exceeds 25%.
Hiscox Insurance Company Inc.
Policy Number:
Named Insured:
Endorsement Number:
Endorsement Effective:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CGL E5581 CW (03/16) Includes copyrighted material of
Insurance Services Office, Inc., with its permission
Page 1 of 1
PRIMARY AND NONCONTRIBUTORY – OTHER
INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy, pro-
vided:
1.you have agreed in a written contract or
agreement to add such additional insured to
a policy providing the type of coverage af-
forded by this policy; and
2.you have agreed in a written contract or
agreement with such additional insured that
this insurance would be primary and would
not seek contribution from any other insur-
ance available to the additional insured.
UDC-4052431-CGL-21
Richard Yau
16
January 28, 2021
Hiscox Insurance Company Inc.
Policy Number:
Named Insured:
Endorsement Number:
Endorsement Effective:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 22 43 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1
EXCLUSION – ENGINEERS, ARCHITECTS OR
SURVEYORS PROFESSIONAL LIABILITY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following exclusion is added to Paragraph 2.
Exclusions of Section I – Coverage A – Bodily
Injury And Property Damage Liability and
Paragraph 2. Exclusions of Section I – Coverage
B – Personal And Advertising Injury Liability:
This insurance does not apply to "bodily injury",
"property damage" or "personal and advertising
injury" arising out of the rendering of or failure to
render any professional services by you or any
engineer, architect or surveyor who is either
employed by you or performing work on your behalf
in such capacity.
Professional services include:
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.
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 failure to render any professional
services by you or any engineer, architect or
surveyor who is either employed by you or
performing work on your behalf in such capacity.
UDC-4052431-CGL-21
Richard Yau
17
January 28, 2021
Hiscox Insurance Company Inc.
Policy Number:
Named Insured:
Endorsement Number:
Endorsement Effective:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 22 24 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1
EXCLUSION – INSPECTION, APPRAISAL AND
SURVEY COMPANIES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following exclusion is added to Paragraph 2.
Exclusions of Section I – Coverage A – Bodily
Injury And Property Damage Liability and
Paragraph 2. Exclusions of Section I – Coverage B
– Personal And Advertising Injury Liability:
This insurance does not apply to "bodily injury",
"property damage" or "personal and advertising injury"
for which the insured may be held liable because of
the rendering of or failure to render professional
services in the performance of any claim,
investigation, adjustment, engineering, inspection,
appraisal, survey or audit services.
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 failure to render professional services
in the performance of any claim, investigation,
adjustment, engineering, inspection, appraisal, survey
or audit services.
UDC-4052431-CGL-21
Richard Yau
18
January 28, 2021
Hiscox Insurance Company Inc.
Policy Number:
Named Insured:
Endorsement Number:
Endorsement Effective:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1
ADDITIONAL INSURED – DESIGNATED
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)
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II – Who Is An Insured is amended to in-
clude as an additional insured the person(s) or organi-
zation(s) shown in the Schedule, 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 omis-
sions of those acting on your behalf:
A. In the performance of your ongoing operations; or
B. In connection with your premises owned by or
rented to you.
UDC-4052431-CGL-21
Richard Yau
19
January 28, 2021
City of Cupertino
10300 Torre Ave.
Cupertino,CA 95014
Hiscox Insurance Company Inc.
Policy Number:
Named Insured:
Endorsement Number:
Endorsement Effective:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 21 70 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 1
CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. If aggregate insured losses attributable to terrorist
acts certified under the federal Terrorism Risk In-
surance Act exceed $100 billion in a calendar year
and we have met our insurer deductible under the
Terrorism Risk Insurance Act, we shall not be lia-
ble for the payment of any portion of the amount of
such losses that exceeds $100 billion, and in such
case insured losses up to that amount are subject
to pro rata allocation in accordance with proc e-
dures established by the Secretary of the Trea-
sury.
"Certified act of terrorism" means an act that is
certified by the Secretary of the Treasury, in ac-
cordance with the provisions of the federal Terror-
ism Risk Insurance Act, to be an act of terrorism
pursuant to such Act. The criteria contained in the
Terrorism Risk Insurance Act for a "certified act of
terrorism" include the following:
1.The act resulted in insured losses in excess of
$5 million in the aggregate, attributable to all
types of insurance subject to the Terrorism
Risk Insurance Act; and
2.The act is a violent act or an act that is dan-
gerous to human life, property or infrastructure
and is committed by an individual or individuals
as part of an effort to coerce the civilian pop u-
lation of the United States or to influence the
policy or affect the conduct of the United States
Government by coercion.
B. The terms and limitations of any terrorism exclu-
sion, or the inapplicability or omission of a terror-
ism exclusion, do not serve to create coverage for
injury or damage that is otherwise excluded under
this Coverage Part.
UDC-4052431-CGL-21
Richard Yau
20
January 28, 2021
Hiscox Insurance Company Inc.
Policy Number:
Named Insured:
Endorsement Number:
Endorsement Effective:
THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN
RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK
INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR
CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY.
IL 09 85 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 2
DISCLOSURE PURSUANT TO TERRORISM RISK
INSURANCE ACT
SCHEDULE
SCHEDULE – PART I
Terrorism Premium (Certified Acts) $
This premium is the total Certified Acts premium attributable to the following Coverage Part(s), Cover-
age Form(s) and/or Policy(ies):
Additional information, if any, concerning the terrorism premium:
SCHEDULE – PART II
Federal share of terrorism losses 85% year 2015; 84% year 2016; 83% year 2017; 82% year 2018; 81%
year 2019 and 80% year 2020.
Information required to complete this Schedule, if not shown above, will be shown in the De clarations.
A. Disclosure Of Premium
In accordance with the federal Terrorism Risk In-
surance Act, we are required to provide you with a
notice disclosing the portion of your premium, if
any, attributable to coverage for terrorist acts certi-
fied under the Terrorism Risk Insurance Act. The
portion of your premium attributable to such cov-
erage is shown in the Schedule of this endorse-
ment or in the policy Declarations.
UDC-4052431-CGL-21
Richard Yau
21
January 28, 2021
12.00
Page 2 of 2 © Insurance Services Office, Inc., 2015 IL 09 85 01 15
B. Disclosure Of Federal Participation In Payment
Of Terrorism Losses
The United States Government, Department of the
Treasury, will pay a share of terrorism losses in-
sured under the federal program. The federal
share equals a percentage (as shown in Part II of
the Schedule of this endorsement or in the policy
Declarations) of that portion of the amount of such
insured losses that exceeds the applicable insurer
retention. However, if aggregate insured losses at-
tributable to terrorist acts certified under the Ter-
rorism Risk Insurance Act exceed $100 billion in a
calendar year, the Treasury shall not make any
payment for any portion of the amount of such
losses that exceeds $100 billion.
C. Cap On Insurer Participation In Payment Of
Terrorism Losses
If aggregate insured losses attributable to terrorist
acts certified under the Terrorism Risk Insurance
Act exceed $100 billion in a calendar year and we
have met our insurer deductible under the Terror-
ism Risk Insurance Act, we shall not be liable for
the payment of any portion of the amount of such
losses that exceeds $100 billion, and in such case
insured losses up to that amount are subject to pro
rata allocation in accordance with procedures es-
tablished by the Secretary of the Treasury.
Hiscox Insurance Company Inc.
Policy Number:
Named Insured:
Endorsement Number:
Endorsement Effective:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CGL E5691 CW (08/18) Includes copyrighted material of Insurance
Services Offices, Inc., with its permission Page 1 of 2
HIRED AUTO AND NON-OWNED AUTO LIABILITY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Coverage Limit of Insurance Additional Premium
Hired/Non-owned auto
liability $
The Limit of Insurance shown above will be subject to, and will not increase, the General Aggregate Limit
applicable to the Commercial General Liability Coverage Part.
If no information is stated above, the relevant information to complete the Schedule will be shown in the
Declarations.
A. The coverage provided by this endorsement will
apply only up to the Limit of Insurance specified
above or in the Declarations, if no information is
shown in the Schedule.
1.Hired Auto Liability
The coverage provided under Coverage A –
Bodily Injury and Property Damage Liability
in Section I – Coverages applies to "bodily
injury" or "property damage" arising out of the
maintenance or use of a "hired auto" by you or
your "employees" in the course of your
business.
2.Non-owned Auto Liability
The coverage provided under Coverage A –
Bodily Injury and Property Damage Liability
in Section I – Coverages applies to "bodily
injury" or "property damage" arising out of the
maintenance or use of any "non-owned auto"
in your business by any person.
B. With respect to the coverage provided by this
endorsement only, the following apply:
1.The exclusions under Paragraph 2.
Exclusions in Coverage A – Bodily Injury
and Property Damage Liability in Section I –
Coverages, other than Exclusions a., b., d., f.,
and i. are deleted in their entirety, and
exclusions e. and j. are replaced by the
following:
hn-e. Employer’s Liability
"Bodily injury" to:
(1) An "employee" of the insured arising out of
and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the conduct
of the insured's business; or
(2) The spouse, child, parent, brother or sister
of that "employee" as a consequence of
Paragraph (1) above.
This exclusion applies:
(1) Whether the insured may be liable as an
employer or in any other capacity; and
(2) To any obligation to share damages with
or repay someone else who must pay
damages because of injury.
$
Richard Yau
22
January 28, 2021
1,000,000 174.00
CGL E5691 CW (08/18) Includes copyrighted material of Insurance
Services Offices, Inc., with its permission Page 2 of 2
This exclusion does not apply to:
(i) Liability assumed by the insured under an
"insured contract"; or
(ii)"Bodily injury" arising out of and in the
course of domestic employment by the
insured unless benefits for such injury are in
whole or in part either payable or required to
be provided under any workers' compensa-
tion law.
hn-j. Damage to Property
"Property damage" to:
(1) Property owned or being transported by, or
rented or loaned to the insured; or
(2)Property in the care, custody, or control of
the insured.
2. Section II - Who Is An Insured is deleted in
its entirety and replaced by the following:
Each of the following is an insured under this
endorsement to the extent set forth below:
a. You;
b. Any other person using a "hired auto" with
your permission;
c. Solely for a "non-owned auto":
(1) Any partner or "executive officer" of
yours; or
(2) Any "employee" of yours; but only while
such "non-owned auto" is being used in
your business; and
d. Any other person or organization, but only
for their liability because of acts or omissions
of an insured under a., b. or c. above.
None of the following will be considered an
insured under this endorsement:
(1) Any person engaged in the business of
their employer for "bodily injury" to any co-
"employee" of such person injured in the
course of employment, or to the spouse, child,
parent, brother, or sister of that co-"employee"
as a consequence of such "bodily injury", or for
any obligation to share damages with or repay
someone else who must pay damages
because of the injury;
(2) Any partner or "executive officer" for any
"auto" owned by such partner or officer or a
member of his or her household;
(3) Any person while employed in or otherwise
engaged in duties in connection with an
"auto business", other than an "auto
business" you operate;
(4) The owner or lessee (of whom you are a
sublessee) of a "hired auto" or the owner of
a "non-owned auto" or any agent or
"employee" of any such owner or lessee; or
(5) Any person or organization for the conduct
of any current or past partnership or joint
venture that is not shown as a Named
Insured in the Declarations.
C. For purposes of this endorsement only, Section III
– Limits of Insurance is amended to the extent
necessary to provide the following:
Regardless of the number of “hired autos”, “non-
owned autos”, or vehicles involved, or the number
of claims made or “suits” brought, the most we will
pay for all damages resulting from any one
“occurrence” covered under this endorsement will
be the Limit of Insurance stated in the Schedule
above.
All payments we make for damages covered by
this endorsement will be a part of, and not in
addition to, the General Aggregate Limit stated in
the Declarations.
D. For the purposes of this endorsement only, 4.
Other Insurance in Section IV – Commercial
General Liability Conditions is deleted in its
entirety and replaced by the following:
This insurance is specifically excess over any
primary insurance covering the "hired auto" or
"non-owned auto".
D. With respect to the coverage provided by this
endorsement, the following additional definitions
are added to Section V- Definitions:
1. "Auto business" means the business or occu-
pation of selling, repairing, servicing, storing, or
parking "autos".
2. "Hired auto" means any "auto" you lease, hire,
rent, or borrow. “Hired auto” does not include
any "auto" you lease, hire, rent, or borrow from
any of your "employees", your partners, or your
"executive officers", or members of their house-
holds.
3. "Non-owned auto" means any "auto" you do
not own, lease, hire, rent, or borrow which is
used in connection with your business. This in-
cludes "autos" owned by your "employees",
your partners, or your "executive officers", or
members of their households, but only while
used in your business or your personal affairs.
Notices
Hiscox Insurance Company Inc.
ECONOMIC AND TRADE SANCTIONS POLICYHOLDER NOTICE
INT N001 CW 01 09 Page 1 of 1
Hiscox is committed to complying with the U.S. Department of Treasury Office of Foreign Assets Control (OFAC)
requirements. OFAC administers and enforces economic sanctions policy based on Presidential declarations of
national emergency. OFAC has identified and listed numerous foreign agents, front organizations, terrorists, and
narcotics traffickers as Specially Designated Nationals (SDN’s) and Blocked Persons. OFAC has also identified
Sanctioned Countries. A list of Specially Designated Nationals, Blocked Persons and Sanctioned Countries may be
found on the United States Treasury’s web site http://www.treas.gov/offices/enforcement/ofac/.
Economic sanctions prohibit all United States citizens (including corporations and other entities) and permanent
resident aliens from engaging in transactions with Specially Designated Nationals, Blocked Persons and Sanctioned
Countries. Hiscox may not accept premium from or issue a policy to insure property of or make a claim payment to a
Specially Designated National or Blocked Person. Hiscox may not engage in business transactions with a Sanctioned
Country.
A Specially Designated National or Blocked Person is any person who is determined as such by the Secretary of
Treasury.
A Sanctioned Country is any country that is the subject of trade or economic embargoes imposed by the laws or
regulations of the United States.
In accordance with laws and regulations of the United States concerning economic and trade embargoes, this policy
may be rendered void from its inception with respect to any term or condition of this policy that violates any laws or
regulations of the United States concerning economic and trade embargoes including, but not limited to the following:
(1) Any insured under this Policy, or any person or entity claiming the benefits of such insured, who is or becomes
a Specially Designated National or Blocked Person or who is otherwise subject to US economic trade
sanctions;
(2) Any claim or suit that is brought in a Sanctioned Country or by a Sanctioned Country government, where any
action in connection with such claim or suit is prohibited by US economic or trade sanctions;
(3) Any claim or suit that is brought by any Specially Designated National or Blocked Person or any person or
entity who is otherwise subject to US economic or trade sanctions;
(4) Property that is located in a Sanctioned Country or that is owned by, rented to or in the care, custody or control
of a Sanctioned Country government, where any activities related to such property are prohibited by US
economic or trade sanctions; or
(5) Property that is owned by, rented to or in the care, custody or control of a Specially Designated National or
Blocked Person, or any person or entity who is otherwise subject to US economic or trade sanctions.
Please read your Policy carefully and discuss with your broker/agent or insurance professional. You may also visit the
US Treasury’s website at http://www.treas.gov/offices/enforcement/ofac/.
Reinventing Small Business Insurance®
Non-Owned Auto Liability Coverage Summary
We want you to understand the Non-Owned Auto Liability coverage. This summary explains the main areas of coverage and exclusions.
If you have any questions about your coverage, please contact one of our advisors at 888-202-3007 (Mon-Fri,
8am-10pm EST). Or, you can manage your policy by visiting https://www.hiscox.com/manage-your-policy.
This policy does include
Liability Claims
Hiscox non-owned auto liability insurance covers claims against your business if an employee has an accident
while using their own (or rented) vehicle for business purposes. This optional upgrade adds coverage as part
of your general liability up to the applicable limits.
Defense Costs
Being sued is not fun. But if you’re sued, we’ll make it easier for you by appointing an attorney to defend you,
if necessary. We will defend lawsuits even if the claims are groundless and we’ll pay these defense costs with-
out reducing your limits of liability.
Actions of your full-time and temporary staff
This coverage applies to the actions of your employees (full -time or temporary staff) when driving a non -owned
or rented vehicle for business purposes, to the extent your company is liable for those actions.
Common claims examples
The quick errand — You ask one of your employees to use their car to go on a quick errand and purchase
office supplies for your office. While on the errand, the employee has an accident. If your business is found
liable for the damages, non-owned auto coverage will protect your business up to the applicable limits.
Your employees visiting clients – Many small business employees will use their own vehicles to make client visits.
If they get into an accident, non-owned auto liability insurance will provide protection for the business against
liability claims as outlined above, to the extent it is liable.
An employee may have to travel on business and rent cars – If you send a freelance photographer away on a
photo shoot, for example, and they run into something on the way to the shoot, your company could be liable.
Protection for your company, not your employees
It’s important to remember that this coverage protects your business and not your employees driving the
vehicles.
Physical damage
Non-owned auto liability insurance provides no protection for physical damage to the non -owned vehicles being
used.
Transportation of property
We offer no protection for damage to property being transported or property within your care under this
coverage.
This policy does not include
Coverage summaries, descriptions, and claims examples are provided for illustrative purposes only and are
subject to the applicable policy limits, deductibles, exclusions, terms, and conditions. Not all insurance
products and services are available in all states. Hiscox recommends you read the policy documents to learn
the full details of coverage.
Underwritten by Hiscox Insurance Company Inc., 104 South Michigan Avenue, Suite 600, Chicago, IL 60603, as administered by Hiscox Inc.,
a licensed insurance provider in all states and DC.
Richard Yau for Program and Project
Management Consultant Services
Final Audit Report 2021-07-29
Created:2021-07-27
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAXKKaWHmus0sVmJB2cRamQLMsiUJavScE
"Richard Yau for Program and Project Management Consultant
Services" History
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2021-07-27 - 4:34:47 PM GMT- IP address: 35.229.54.2
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Document approved by Araceli Alejandre (aracelia@cupertino.org)
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Document emailed to Richard Yau (richardyau88@yahoo.com) for signature
2021-07-27 - 5:04:52 PM GMT
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2021-07-29 - 3:57:18 AM GMT- IP address: 73.158.58.63
Document e-signed by Richard Yau (richardyau88@yahoo.com)
Signature Date: 2021-07-29 - 4:01:12 AM GMT - Time Source: server- IP address: 73.158.58.63
Document emailed to Christopher D. Jensen (christopherj@cupertino.org) for signature
2021-07-29 - 4:01:16 AM GMT
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2021-07-29 - 5:53:45 AM GMT- IP address: 104.47.73.126
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2021-07-29 - 5:55:56 AM GMT - Time Source: server- IP address: 174.194.150.209
Document emailed to Roger Lee (rogerl@cupertino.org) for signature
2021-07-29 - 5:55:59 AM GMT
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Document e-signed by Roger Lee (rogerl@cupertino.org)
Signature Date: 2021-07-29 - 2:23:21 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2021-07-29 - 2:23:24 PM GMT
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2021-07-29 - 3:32:32 PM GMT- IP address: 174.194.208.237
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2021-07-29 - 3:38:29 PM GMT - Time Source: server- IP address: 174.194.208.237
Agreement completed.
2021-07-29 - 3:38:29 PM GMT
