Agenda 05-21-24; 6-c - Approval of Budget Amendment #9-A – Capital Reallocation for Orange County Schools

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36 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - BLANKET BASIS COMMERCIAL UMBRELLA LIABILITY CXL 456 03 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM A. The following is added to Paragraph M.Transfer Of d. An obligation, as required by ordinance, to Rights Of Recovery Against Others To Us under indemnify a municipality, except in connection SECTION IV-CONDITIONS: with work for a municipality; We will waive any right of recovery we may have e. An elevator maintenance agreement; against a person or organization because of f. That part of any other contract or agreement payments we make for "bodily injury" or "property pertaining to your business (including an damage" arising out of your ongoing operations or indemnification of a municipality in connection "your work" done under a written contract or written with work performed for a municipality) under agreement and included in the "products-completed which you assume the tort liability of another operations hazard". This waiver applies only if, in party to pay for "bodily injury" or "property that same written contract or agreement, you have damage" to a third person or organization. Tort agreed, liability means a liability that would be imposed 'l. To waive any right of recovery against that by law in the absence of any contract or person or organization; agreement. 2. To include such person or organization as an Paragraph f. does not include that part of any additional insured on an "underlying policy ;or contract or agreement: 3. To assume the liabif€ty of that person or organi- (t) That indemnifies a railroad for "bodily injury" or zation and that written contract or agreement "property damage" arising out of construction or qualifies as an`insured contract";and demolition operations, within 50 feet of any 4. The "underlying insurance" contains a substan- railroad property and affecting any railroad tially similar waiver of recovery rights. bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; This endorsement applies only if the"bodily injury"or (2) That indemnifies an architect, engineer or "property damage" occurs subsequent to all parties` execution of the written contract or written surveyor for injury or damage arising out of: agreement. (a) Preparing, approving, or failing to prepare or B. The following Definition is added to SECTION V - approve, maps, shop drawings, opinions, DEFINITIONS- reports, surveys,field orders, change orders or drawings and specifications;or "insured contract"means: (b) Giving directions or instructions, or falling to a. A contract for a lease of premises. However, give them, if that is the primary cause of the that portion of the contract for a lease of prem- injury or damage;or ises that indemnifies any person or organization (3) Under which the insured, if an architect, for damage by fire to premises while rented to you or temporarily occupied by you with permis- engineer or surveyor, assumes liability for an injury sion of the owner is not an "insured contract"; damage arising out of the insured' renderinn g or failure to render professional sor- b. A sidetrack agreement; vices, including those listed in (2) above and c. Any easement or license agreement, except in supervisory, inspection, architectural or connection with construction or demolition engineering activities. operations on or within 50 feet of a railroad; Copyright,2019 Selective Insurance Company of America. All rights reserved. CXL 456 03 20 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 1 xxsuA=,s copy