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2014-013 Authorizing the issuance of a solid waste collection permit to County Waste Collection, LLC d/b/a Trashy BusinessORDINANCE NO. 2014 -013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE ISSUANCE OF A SOLID WASTE COLLECTION PERMIT TO SANITATION SOLUTIONS, FOR THE PURPOSE OF ENGAGING IN THE BUSINESS OF COLLECTING AND /OR TRANSPORTING SOLID WASTE FROM COMMERCIAL AND INDUSTRIAL UNITS WITHIN THE CITY LIMITS OF THE CITY OF PARIS, TEXAS; FINDING A PUBLIC NECESSITY AND CONVENIENCE FOR ISSUANCE OF SAID PERMIT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section 16 -33 of the Code of Ordinances of the City of Paris, Texas, requires any person or entity engaging in the business of collecting or transporting solid waste from commercial and industrial units within the city limits to obtain a solid waste collection permit from the City; and WHEREAS, Sanitation Solutions, with offices located at P. 0. Box 6190, Paris, Texas 75461 -6190, has made application for a solid waste collection and transportation permit in accordance with Sec. 16 -34 of the City Code of Ordinances; and WHEREAS, following review of the application and proof of insurance and upon a finding of public necessity and convenience for issuance of the permit, the City Council of the City of Paris hereby finds by a two- thirds (2/3) majority vote of the City Council that the permit should be issued to Sanitation Solutions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That a solid waste collection permit is hereby issued to Sanitation Solutions for a one -year period effective October 1, 2014. Section 3. That the referenced solid waste collection permit issued to Sanitation Solutions shall be effective as of October 1, 2014 and shall expire September 30, 2015, unless further application for re- issuance of the permit is made by the applicant in conformance with the City Code. Section 4. That each holder of a permit issued pursuant to Sec. 16 -34 of the City Code of Ordinances shall pay the City of Paris a street use fee for the privilege of operating on the City streets, alleys, and thoroughfares equal to eleven percent (11 %) of the gross receipts earned from the waste collected, hauled or disposed of from within the City limits. Section 5. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 6. That any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor, and, upon conviction, shall be fined in accordance with the provisions of Section 1 -6 of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above - enumerated sections shall constitute and be deemed a separate offense. Section 7. That this ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED this 8th day of September, 2014. Matt Frierson, Mayor ATTEST: C'�� K Q04�0 ice Ellis, City Clerk APPROVED A5jQ FORM: W. Kent Mc yar, City Attorney City of Paris APPLICATION For SOLID WASTE COLLECTION AND TRANSPORTATION FOR COMMERCIAL AND INDUSTRIAL SERVICE NAME OF APPLICANT: c I,Aw ( 7 -47 / M /4C-ZZo vs :.Lnt.- ADDRESS OF APPLICANT: PHONE NUMBER OF APPLICANT: PROPOSED TRADE NAME OF APPLICANT: The form of business of the applicant, and, if the business is a corporation or association, evidence of the authority of the person signing the application to represent the business: NUMBER OF VEHICLES: DESCRIPTION OF VEHICLES: (attach additional pages if necessary) / ee VEHICLE TYPE VIN # LICENSE # CAPACITY t 2 3 4 5 6 7 9 10 11 12 Statement of the disposition to be made of the solid waste collected, including the site(s) where the solid waste will be deposited: // /� f Statement explaining the justification for the City of Paris to issue this permit, including specific information as to how the service will benefit the convenience of the general public and how the service is necessary to the general public. Any supporting documentation to establish public convenience and necessity is welcomed, and may be attached to the application. Such supporting documentation could include factual information related to the number of customers already served, the experience of the company providing the service, letters of commendation for the service being provided, or any other material substantiating the capabilities of the company t9 serve the public convenience and necessity. J "I I CERTIFY the foregoing information is true and correct as of this date: 4z,r ")-6), " /yv IF i yt,GU Ul V11111GU 11a111, 1 Title STATE OF TEXAS COUNTY OF LAMAR ) f SWORN TO AND SUBSCRIBED before me on this day of , 2014, to certify which witness my hand and seal of office. [seal] [(C*y . dERI G OLDEN Notary blic, State of exas Notary Public STATE OF TEXAS ''� n+ay Cornet. Exp. Jtme 24, 2015 Frontload Rearload 101 2005 Mack Frontload 1M2K189CX5MO272O4 102 2005 Mack Frontload 1M2K189C15MO272O5 103 2007 Mack Frontload 1M2K189C87MO36583 104 2007 Mack Frontload 1M2K189C47MO366OO 106 2005 Mack Frontload 1M2K189C15MO26O54 107 2006 Mack Frontload 1M2K189C26MO27764 108 2007 Mack Frontload 1M2K189C46MO27765 109 2007 Mack Frontload 1M2K189C47MO39O75 110 2011 Mack Frontload 1M2AVO4C4BMOO8538 111 2012 Mack Frontload 1M2AVO4C3CMOO9388 112 2007 Autocar Frontload SVCDC66E17H2O4521 113 2010 Mack Frontload 1M2AV02C2BMOO6564 114 2003 Mack Frontload 1M2K195C93MO22455 115 2003 Mack Frontload 1M2K195C43MO22119 116 2003 Mack Frontload 1M2K19SCX3MO218O2 302 2007 International Rearload 20 yard 1HTWCAANX7J431423 303 2007 International Rearload 20 yard 1HTWCAZN87J472587 304 2005 Mack Rearload 25 yard 1M2K195C85MO29321 305 2007 Sterling Rearload 20 yard 2FZACGCS17AY1557O 306 2007 Sterling Rearload 20 yard 2FZACGCS37AY15571 307 1997 Volvo Rearload 20 yard 4VHJAKFDlVN860O25 308 2007 Freightliner Rearload 11 yard 1FVACWCS97DY55O38 309 1999 International 310 2008 Freightliner Rearload 25 yard 1FVHCYBS78HY54931 311 2008 Freightliner Rearload 25 yard 1FVHCYBS98HY54932 312 2008 Freightliner Rearload 25 yard IFVHCYBS28HY54934 313 2004 Freightliner Rearload 20 yard 1FVACXAK24HM85371 314 2007 International Rearload 20 yard 1HTWCAAN97J431428 315 316 2011 Freightliner Rearload 20 yard 1FVACXDTXBDAW8O6O 317 2005 Mack Rearload 25 yard 1M2K195C35MO3O585 318 2012 Freightliner Rearload 20 yard 1FVACXBS8CDBK2368 319 2012 Mack Rearload 25 yard 1M2AX4C1CMO131O9 320 2013 Freightliner Rearload 20 yard 1FVACXBSSDDBX6793 321 2013 Freightliner Rearload 20 yard 1FVACXBS7DDBX6794 322 2013 Freightliner Rearload 20 yard 1FVACX859DDBX6795 323 2008 Crane carrier Automated 22 yard 1CYCAK4828TO48484 324 2008 Crane carrier Automated 22 yard 1CYCAK48O8TO48483 325 2004 Freightliner Rearload 1FVACXCSX4HM91111 326 1999 International Rearload 1HTSDAANXXH623OO7 327 2004 Freightliner Rearload 1FVACXCS44HM911O5 328 2004 Freightliner Rearload 1FVACXCSX4HM911O8 329 2004 Freightliner Rearload 1FVACXCS14HM911O9 330 2003 Freightliner Rearload 1FVHBXBS73HK47O93 331 2004 Freightliner Rearload IFVACXCS24HM911O4 332 2004 Freightliner Rearload 1FVACXCS64HM911O6 333 2003 Freightliner Rearload iFVHBXBSX3HK72764 334 2004 Freightliner Rearload 1FVACXCS84HM911O7 335 2015 Mack Rearload 25 yard 1M2AX04COFMO21495 Rolloff 428 2003 Mack Rolloff 1M2P267C43MO65308 429 2006 Mack Rolloff 1WAG11C06M027131 430 2006 Mack Rolloff 1M2AG11C96MO29637 431 2006 Mack Rolloff 1M2AG11C06MO29638 432 2004 Mack Rolloff 1M2AG11C34MO11325 433 2007 Mack Rolloff iM2AG11C67MO64072 434 2005 Mack Rolloff 1M2AG11C45MO25543 435 2005 Mack Rolloff iM2AG11C65MO25544 436 2007 Mack Rolloff 1M2AT04CX7M005348 437 2013 Mack Rolloff 1M2AX04CODMO13877 438 2013 Mack Rolloff 1M2AX04C1DMO17131 ACOOR°® CERTIFICATE OF LIABILITY INSURANCE DATE(MMODN" 8/14/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Stephanie Reamer K &S Insurance Agency PHONE (972) 772 -7254 FAX 19721 �?lacss 2255 Ridge Road, Ste. 333 EIVUL ,areamerskandains.clun P. O. BOX 277 MISURE S AFFORDING COVERAGE NAICN Rockwall TX 75087 INSURERA:National Specialty Insurance INSURED INSURERe.Texas Mutual Insurance Co. 22945 Sanitation Solutions, Inc. INSURER CAIG P.O. BOX 6190 INSURER D : Paris TX 75461 ITHIS 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, FXCi IiSInNS ANn CONnIT1ANS nF SIfrH Pnl 1CIF3: I IKAITS 1ZHr11NtJ LIAV uevC ereur 1NSR TYPE OF INSURANCE 7R U POLICY NUMBER POLICY EFF POLICY EXP IMMIDO LlA1�S GENERAL LIABILITY ENCE $ 11000,000 R COMMERCIAL GENERAL LIABILITY 0257 ?27 /18/2014 /18/2015 R $ 100, 000 neperson) $ 10,000 A CLAIMS.MADE OCCUR Ongoing: MSIG 122 1/13 NC: MSIG 122 1/13 S: MSIG 122 1/13 VINJURY $ 1,000,000 EGATE S GEML AGGREGATE LIMIT APPLIES PER: MPIOP AGG $ Include POLICY X PRO• LOC $ AUTOMOBILE LIABILITY BIN ED I LIMIT A X ANY AUTO RN0252752 /18/2014 /18/2015 in, 11000,000 BODILYINJURYIPerperson) S ALL OWNED SCHEDULED AUTOS AUTOS I & WOS: MSIG 120 1/13 BODILY INJURY (Per accident) $ NON-OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE $ Per aceitlent Is X UMBRELLA LIAB X OCCUR EACHOCCURRENCE Is 51000,000 AGGREGATE $ 51000,000 EXCESS LIAO A CLAIMS-M CXX0261420 /18/2014 118/2015 DED RETENTION $ B WORKERS COMPENSATION WC STATU• OTH. X -ORY AND EMPLOYERS' LIABILITY y / N E.LEACHACCIDENT $ 1 000 000 ANY PROPRIETORIPARTNERIEXECUrnVE � N I A SF0001215133 /18/2014 /18/2015 OFFICERAWMBER EXCLUDED? (Mandatory in NH) S: WC420304A E.L. DISEASE - EA EMPLOYE E.$. 1,000,000 M s describe tinder , DESCRIPTION OF OPERATIONS below E.L DISEASE •POLICY LIMIT $ 11000,000 C Transportation LS47665550 -01 /18/2014 /18/2015 $2'0DD000Dec Pollution se,ono,000 Agp. DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, AcUtIonal Remarks Schedule, N more apace Is requlrW) See above listing of additional insured and waiver of subrogation endorsement forms. City of Paris P. O. Box 9037 Paris, TX 75461 ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Fierro - Ina. /HART —2 +- ©1988 -2010 ACORD CORPORATION. AN rights reserved INSOZS nninn5r ni The arnian name an,l Innn aro raniafarari martre of ARf1Rr1 CWN0257727 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MSIG 122 01 13 MS -EDGE GENERAL LIABILITY ENDORSEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SUMMARY OF COVERAGE EXTENSIONS 10. Legal Liability for Damage to Premises Rented to You (Specified Perils) $300,000 11. Non -Owned Watercraft Up to 51 Feet in Length Included 12. Medical Payments Revised $15,000 13. Property Damage for Tools Loaned to You $10,000 Includes copyrighted material of ISO Properties, Inc., with its permission Page 1 of 8 Extension Limit 1. Supplementary Payments -Increased Limits Bail bonds $3,000 Loss of Earnings $1,500 2. Miscellaneous Additional Insureds Mortgagee, Assignee or Receiver Included Managers or Lessors of Premises Included Controlling Interest Included Co- Owners of Insured Premises Included Owners or Other Interest From Whom Land Has Been Leased Included Lessor of Leased Equipment Included Owners or Contractors for Whom You are Performing Ongoing Operations Included State or Governmental Agency or Political Subdivision Included 3. Aggregate Limits of Insurance for Construction Projects General Aggregate Limit 4. Revisions to'Who Is An Insured' Volunteer Workers Included 5. Expanded "Expected or Intended Injury" Definition Included 6. Knowledge of Accident, Claim, Suit or Loss Included 7. Unintentional Omissions in Disclosure Included 8. Waiver of Subrogation by Contract or Agreement Included 9. Newly Formed or Acquired Organizations Included 10. Legal Liability for Damage to Premises Rented to You (Specified Perils) $300,000 11. Non -Owned Watercraft Up to 51 Feet in Length Included 12. Medical Payments Revised $15,000 13. Property Damage for Tools Loaned to You $10,000 Includes copyrighted material of ISO Properties, Inc., with its permission Page 1 of 8 14. Revisions to Definitions "Insured Contract" Amended MSIG 122 01 13 Included "Specified Perils" Added Included "Water Damage" Added Included The above is a summary of provisions in this endorsement. Please consult the specific provisions below for complete wording contained in these endorsement provisions. The endorsement provisions shall prevail in the event of a conflict between the summary and the following endorsement provisions. ENDORSEMENT PROVISIONS The provisions of the Commercial General Liability Coverage Part apply except as otherwise provided in this endorsement. This endorsement applies only if such Coverage Part is included in this policy. 1. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS SECTION I - COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows: A. The limit shown in 1.1b. for the costs of bail bonds in increased to $3,000. B. The limit shown in 1.d. for all reasonable expenses incurred at our request, including actual loss of earnings because of time off work, is increased to $1,500. 2. MISCELLANEOUS ADDITIONAL (i,► 0,0EDS SECTION 11 WHO IS AN INSURED Ia amended to include. as an insured an y person or organization '(known as additional insured) describend in paragraphs ('1):xhrQUgli (8�'bglow, whom.;yo� are required to add'as an additional insured on this policy under a: written contract or agreement: -'The written contract or A. Currently in effect or becoming effective during the term of this policy; and B. Fully executed by you and the additional insured prior to the "bodily injury", "property damage" or "personal and advertising injury", but only the following personal or organizations are additional insureds under this endorsement, and coverage provided to such additional insureds is limited as provided herein. (1) ADDITIONAL INSURED - MORTGAGEE, ASSIGNEE OR RECEIVER SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization with respect to their liability as a Mortgagee, Assignee or Receiver and arising out of the ownership, maintenance, or use of the premises by you and shown in the Schedule of All Locations You Own, Rent or Occupy. a. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. (2) ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization with respect to their liability as a Manager or Lessor of premises and arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule of All Locations You Own, Rent or Occupy, and subject to the following additional exclusions: a. This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or for that person or organization. (3) ADDITIONAL INSURED - CONTROLLING INTEREST SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization with respect to their liability arising out of: Includes copyrighted material of ISO Properties, Inc., with its permission Page 2 of 8 MSIG 122 01 13 a. Their financial control of you; or b. Premises they own, maintain or control while you lease occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. (4) ADDITIONAL INSURED — CO -OWNER OF INSURED PREMISES SECTION II - WHO IS AN INSURED is amended to include as an insured a co -owner of the insured's premises with respect to their liability arising out of their liability as co -owner of such premises. (5) ADDITIONAL INSURED - OWNERS OR OTHER INTEREST FROM WHOM LAND HAS BEEN LEASED SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization with respect to their liability arising out of the ownership, maintenance or us of that part of the land leased to you and shown in the Schedule of All Locations You Own, Rent or Occupy, and subject to the following additional exclusions: a. This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to lease that land. (2) Structural alterations, new construction or demolition operations performed by or for that person or organization. (6) ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person(s) or organization(s), subject to the following additional exclusions: a. This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires; (2) To "bodily injury" or "property damage" arising out of the sole negligence of that person or organization. (7) OWNER$_OR CONTRACTORS FOR WHOM YOU ARE PERFORMING ONGOING OPERATIONS SECTION 11­= WHO IS AN INSURED is amended to incline as an insured: a. any person or organization for whom you are performing operations but only with respect to liability for "bodily injury ", "property damage ", or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this provision ends when your operations for that additional insured are completed. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. Includes copyrighted material of ISO Properties, Inc., with its permission Page 3 of 8 MSIG 122 01 13 (2) "Bodily Injury' or "property damage" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. (8) ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISION SECTION II - WHO IS AN INSURED is amended to include as an insured any state or governmental agency or subdivision or political subdivision, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state, governmental agency or subdivision or political subdivision has issued a permit in connection with premises you own, rent or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations or similar exposures; or b. The construction, erection, or removal of elevators; or c. The ownership, maintenance, or use of any elevators covered by this insurance. With respect to coverage provided by this provision 2. MISCELLANEOUS ADDITIONAL INSUREDS, the following additional provisions also apply: A. Any insurance provided to an additional insured designated under paragraphs (1) through (8) above does not apply: (1) To "bodily injury" or "property damage" included within the "products- completed operations hazard "; or (2) To "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of such additional insured. B. Paragraph 4.b. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced with the following: b. Excess Insurance This insurance is excess over: 1. Any of the other insurance, whether primary, excess, contingent or on any other basis that is available to the additional insured unless you and the additional insured have specifically agreed in writing that this insurance be primary. Then we will treat any other insurance maintained by the additional insured for injury or damage covered by provision 2. MISCELLANEOUS ADDITIONAL INSUREDS, except such other insurance as noted in paragraph b.2. below, as excess to this insurance. 2. Any other primary liability insurance available to the additional insured for damages arising out of premises or ongoing operations for which such person or organization has been added as an additional insured by the attachment of an endorsement. When this insurance is excess, we will have no duty under SECTION I — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY or COVERAGE B PERSONAL AND ADVERTISING INJURY 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 defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. Includes copyrighted material of ISO Properties, Inc., with its permission Page 4 of 8 MSIG 122 01 13 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 the other insurance. We will share the remaining loss, if any, with any other insurance that is not described in the Excess Insurance provision and was not brought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this policy or coverage part. 3. AGGREGATE LIMITS OF INSURANCE FOR SINGLE CONSTRUCTION PROJECTS A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under SECTION 1 - COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGE C, which can be attributed only to ongoing operations at single construction projects away from premises owned by or rented to the insured: (1) The most we will pay will be capped at $10,000,000, regardless of the number of: a. "Occurrences "; b. Insureds; c. Claims made or "suits" brought; d. Persons or organizations making claims or bringing "suits "; or e. Separate construction projects. (2) Subject to paragraph 3.A.(1) above: a. A separate Single Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. b. The Single Construction Project Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard ", and for medical expenses under COVERAGE C regardless of the number of: I. Insureds; ii. Claims made or "suits" brought; or iii. Persons or organizations making claims or bringing "suits ". c. Any Payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Single Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Single Construction Project General Aggregate Limit for any other separate construction project away from premises owned or rented by the insured. d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expenses continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Single Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under SECTION 1 - COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGE C, which cannot be attributed only to ongoing operations at a single construction project away from premises owned by or rented to the insured: (1) Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Limit, whichever is applicable; and (2) Subject to paragraph 3.A.(1) above payments shall not reduce any Single Construction Project General Aggregate Limit. Includes copyrighted material of ISO Properties, Inc., with its permission Page 5 of 8 MSIG 122 01 13 C. When coverage for liability arising out of the "products - completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard" will reduce the Products - Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit or the Single Construction Project General Aggregate Limit. D. If the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorizing contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. If endorsement CG 25 03, Designated Construction Project(s) General Aggregate Limit (or a similar construction project(s) aggregate endorsement) is also part of this policy or coverage part, the most we will pay for all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under SECTION 1 - COVERAGE A and all medical expenses under SECTION I - COVERAGE C, which can be attributed only to ongoing operations at: (1) Any construction project(s) designated in such CG 25 03 or similar construction project(s) aggregate endorsement; or (2) Any construction project(s) to which the provisions of 3. AGGREGATE LIMITS OF INSURANCE FOR SINGLE CONSTRUCTION PROJECTS in this endorsement and the provisions of such CG 25 03 or similar construction project(s) aggregate endorsement both apply. will be subject to the same $10,000,000 cap shown in paragraph 3.A.(1). F. The provisions of SECTION III - LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 4. REVISIONS TO "WHO IS AN INSURED" SECTION 11- WHO IS AN INSURED, 2.a., is deleted and replaced with the following: 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, including rendering first aid in an emergency. However, none of these employees or "volunteer workers" are insureds for: Paragraphs (1) through (2) continue to apply. 5. EXPANDED "EXPECTED OR INTENDED INJURY" DEFINITION SECTION I - COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. a. Expected or Intended Injury Exclusion is deleted and replaced with the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force for the purpose of protecting persons or property. 6. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM, OR SUIT SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit is revised by the addition of Items e. and f.: e. The requirement in Condition 2.a. applies only when the "occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An "executive officer", an "employee" designated by you to give such notice, or insurance manager (if your are an organization other than a partnership, joint venture or limited liability company); or (4) A manager (if you are a limited liability company). f. The requirement in Condition 2.15. will not be breached unless the breach occurs after such claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are in a partnership; Includes copyrighted material of ISO Properties, Inc., with its permission Page 6 of 8 MSIG 122 01 13 (3) An "executive officer" or insurance manager (if you are an organization other that a partnership, joint venture or limited liability company); or (4) A manager (if you are a limited liability company). 7. UNINTENTIONAL OMISSIONS IN DISCLOSURE SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representation is revised by the addition of Item d.: d. Your failure to disclose all hazards prior to "occurrences" existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy, provided such failure to disclose all hazards or prior "occurrences" is not intentional. This provision does not affect our right to collect additional premium or to exercise our right of cancellation or non - renewal. 8. WAIVER OF SUBROGATION BY CONTRACTOR AGREEMENT SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: A. Premises owned, occupied by, or rented or loaned to you; B. "Your work" or "your products "; C. Ongoing operations performed by you or on your behalf, when you and such person or organization have agreed in writing in a contract or agreement to waive such right of recovery, provided: (1) Such written contract or agreement was: a. Made prior to the covered injury or damage; and b. In effect at the time of the covered injury or damage; and (2) The injury or damage arises out of the operations contemplated by such written contract or agreement; and (3) This waiver applies only to such person or organization designated in such written contract or agreement. 9. NEWLY FORMED OR ACQUIRED ORGANIZATIONS SECTION II - WHO IS AN INSURED, 3. is deleted and replaced with the following: 3. The Named Insured shown in the Declarations is amended to include any organization you newly form or acquire, other than: a. A partnership, joint venture, or limited liability company; or b. An organization excluded either by the provisions of this Coverage Part, or by endorsement, and over which you maintain ownership or majority interest of more that 50 %, subject to the following additional provisions: i. This insurance does not apply to any newly formed or acquired organization that is an "insured" under any other General Liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. ii. Coverage under this provision does not apply to injury, damage, expense, or "loss" that occurred before you formed or acquired the organization. iii. Coverage under this provision is afforded only until the next anniversary date of this policy's effective date after you acquire or form the organization, or the end of the policy period, whichever is earlier. This provision does not include any newly formed or acquired organization 180 days after its formation or acquisition, unless you have given us notice of the formation or acquisition. 10. LEGAL LIABILITY FOR DAMAGE TO PREMISES RENTED TO YOU (Specified Perils) SECTION III - LIMITS OF INSURANCE, 6. is deleted and replaced with the following: 6. Subject to 5. above, the greater of: a. $300,000, or b. The damage to Premises Rented to You Limit shown in the Declarations Includes copyrighted material of ISO Properties, Inc., with its permission Page 7 of 8 MSIG 122 01 13 is the most we will pay under Coverage A for any one premises while rented to you or temporarily occupied by you with permission of the owner, in the event of (1) damages because of "property damage "; or (2) damage by "specified perils ". This limit will apply to all damages proximately caused by the same event, whether such damage results from "specified perils" or other covered causes of loss or any combination thereof. 11. NON -OWNED WATERCRAFT UP TO 51 FEET IN LENGTH SECTION I COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, g. (2) (a) is deleted and replaced with the following: (a) Less than 51 feet long; and 12. MEDICAL PAYMENTS REVISED SECTION I COVERAGES, COVERAGE C MEDICAL PAYMENTS is amended as follows: A.I. Insuring Agreement a.(3)(b) is deleted and replaced with the following: (3)(b) the expenses are incurred and reported to us within three years of the date of the accident; And B. Item 1.c. is added to 1. Insuring Agreement: If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this policy, we will pay medical expenses up to the greater of: (a) $15,000; or (b) The limit shown in the Declarations of this policy or coverage part, 13. PROPERTY DAMAGE FOR TOOLS LOANED TO YOU SECTION I COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2.j. Damage to Property Exclusion is revised. Item j.(3) is deleted and replaced with the following: j.(3) Tools or equipment loaned to you if the tools or equipment are being used to perform operations at the time of the loss. The most we will pay for such tools or equipment loaned to you is $10,000 per "occurrence ". 14. REVISIONS TO DEFINITIONS SECTION V - DEFINITIONS is revised as follows: 9.a. "Insured Contract' is deleted and replaced with the following: 9.a. A contract for lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by "specified perils" to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract'. 12. "Mobile Equipment ", subparagraph f.(1) is deleted and replace with the following: (1) Equipment with a gross vehicle weight of 1,000 pounds or more and designed primarily for: a. Snow removal; b. Road maintenance, but nor construction or resurfacing; c. Street Cleaning The following definitions are added: 23. "Specified perils" means: Fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment; weight of snow, ice or sleet; or "water damage ". 24. "Water damage" means accidental discharge of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. Includes copyrighted material of ISO Properties, Inc., with its permission Page 8 of 8 BKN0252752 MSIG 120 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SUMMARY OF COVERAGE EXTENSIONS Includes copyrighted material of ISO Properties, Inc., with its permission Pagel of 8 Extension Limit 1. Supplementary Payments - Increased Limits Bail bonds $3,000 Loss of Earnings $1,500 2. Limited Fellow Employee Coverage Included 3. Revisions to "Who Is An Insured" Additional Insured by Contract Included 10 Employees as Insureds Included 11 Employee Hired Auto Included 4. Expanded "Expected or Intended Injury" Definition Included 5. Physical Damage Deductible Revisions Glass Deductible Waiver Included Collision Deductible Waiver Included Single Deductible Provision Included 6. Physical Damage Coverage Extensions Electronic Equipment Coverage Extension $2,500 Limited Loan /Lease Gap Coverage $2,000 Locksmith Services $100 Business Personal Property $500 Replacement Cost on New Vehicles Included Includes copyrighted material of ISO Properties, Inc., with its permission Pagel of 8 Expense of Returning Stolen Auto Included 7. Hired Auto Physical Damage Coverage $60,000 Loss of Use $350 per day, $2,800 maximum 8. Airbag Coverage Extension Included 9. Knowledge of Accident, Claim, Suit or Loss Included 10 Waiver of Subrogation by Contract or Agreement Included 11 Newly Formed or Acquired Organizations Included Includes copyrighted material of ISO Properties, Inc., with its permission Pagel of 8 MSIG 120 01 13 12. Towing and Labor Coverage Extension $100 13. Limited Rental Reimbursement Coverage $3,600 Max. Private Passenger and Light Trucks $60 /day All Other "Autos" $100 /day 14. Revisions to Definitions 'Insured Contract' Amended Included "Auto" Amended Included "Executive Officer" Added Included 1. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS SECTION II — LIABILITY COVERAGE, A.2.a. is amended as follows: 1) The limit shown in A.2.a.(2) for the costs of bail bonds is increased to $3,000. 2) The limit shown in A.2.a.(4) for all reasonable expenses incurred at our request, including actual loss of earning because of time off work, is increased to $1,500. 2. LIMITED FELLOW EMPLOYEE COVERAGE SECTION II — LIABILITY COVERAGE, B. 5. — Fellow Employees Exclusion does not apply if you have in -force Worker's Compensation insurance covering all of your "employees ". Coverage is excess over any other collectible insurance. 3. REVISIONS TO "WHO IS AN INSURED" SECTION II — LIABILITY COVERAGE, A.I. - Who Is An Insured is amended as follows: ADDITIONAL INSURED BY CONTRACT: d. Any person or organization for covered "autos" (other than the owner or anyone else from whom you hire or borrow a covered "auto ") is an additional insured when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. The insurance provided to such additional insured is subject to the following additional provisions: Such person or organization is an additional insured only with respect to their vicarious legal liability for "bodily injury" or "property damage" specifically caused, in whole or in part, by the operation or use of a covered "auto" by a person for whom Liability Coverage is provided under this policy or coverage part, and then only to the extent of that liability. Such person or organization is not an additional insured for any covered "auto" owned by, hired from, or borrowed from such person or organization. iii. Such written contract or agreement must be executed prior to, and be in effect at the time of the covered "bodily injury" or "property damage ". EMPLOYEES AS INSUREDS is added: e. Any "employee" of the Named Insured is an "insured" for Liability coverage while using his or her own "auto" in the business of the Named Insured. EMPLOYEE HIRED AUTO is added: Includes copyrighted material of ISO Properties, Inc., with its permission Page 2 of 8 MSIG 120 01 13 f. An " employee" of yours while operating an "auto" hired or rented under an "auto" contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct or your business. 4. EXPANDED "EXPECTED OR INTENDED INJURY" DEFINITION SECTION II — LIABILITY COVERAGE, B.I. Expected or Intended Injury Exclusion is deleted and replaced with the following: 1. 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" or "property damage" resulting from the use of reasonable force for the purpose of protecting persons or property. 5. PHYSICAL DAMAGE DEDUCTIBLE REVISIONS SECTION III - PHYSICAL DAMAGE COVERAGE D. - Deductibles: the following is added: 1. Under Comprehensive coverage, no deductible applies for glass damage if the glass is repaired rather than replaced. 2. When a covered "auto" insured for Collision under this policy collides with another "auto" we insure, the Collision deductible applicable to the covered "auto" or "autos" under this policy shall not apply. 3. When a Named Insured has more than one "auto" involved in a Collision or Comprehensive loss with an "auto" not covered by us, the single highest deductible will apply to our insured's loss. 6. PHYSICAL DAMAGE COVERAGE EXTENSIONS SECTION III — PHYSICAL DAMAGE COVERAGE, A.4. - Coverage Extensions: the following extensions are added: ELECTRONIC EQUIPMENT COVERAGE c. Physical Damage Coverage on a covered "auto" also applies to loss to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound, subject to the following additional provisions: 1) This coverage applies only if the equipment is permanently installed in the covered "auto" at the time of the "loss" or the equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto. 2) Coverage also applies to antennas and other accessories necessary for the use of the electronic equipment described in paragraph 1) above. 3) The most we will pay for all "loss" to such audio, visual or data electronic equipment and /or its accessories used with that equipment as a result of any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen electronic equipment and /or its accessories as of the time of the "loss'; or b. $2,500. 4) Coverage applies to tapes, records or discs that are damaged while in a scheduled "auto ". Theft of such property located in or on a scheduled "auto" is covered if there are visible signs of forced entry. The most we will pay for tapes, records or discs is $200. The insurance afforded by this provision does not apply to any equipment for Audio, Visual or Data Electronic Coverage that has been provided by a separate endorsement issued by us and made part of this coverage part or policy. LIMITED LOAN /LEASE GAP Includes copyrighted material of ISO Properties, Inc., with its permission Page 3 of 8 MSIG 120 0113 d. In the event of a covered total `loss" to a covered "auto" which is either owned by you or leased by you for a period of 12 consecutive months or longer, we will pay any unpaid amount due on your loan or lease for such covered "auto ", subject to the following additional provisions: We will pay only the lesser of: a) The sum of such unpaid amount, less i. The amount paid under the Physical Damage Coverage Section of the policy or coverage part; and Any: (a) Overdue loan /lease payments at the time of the "loss "; (b) Financial penalties imposed under "auto" lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the lessor; (d) Costs for extended warranties, Credit Life insurance, Health, Accident or Disability insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases; or b) $2,000. 2. This extension does not apply to any "auto" that is a land vehicle that would qualify under the definition of "mobile equipment" under this coverage part or policy if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. The insurance afforded for Limited Loan /Lease Gap Coverage in this extension endorsement does not apply if separate Loan /Lease Gap Coverage is afforded for such covered "auto" in an endorsement issued by us and made part of this coverage part or policy. LOCKSMITH SERVICE e. We will pay up to $100 for necessary locksmith services incurred when keys to a covered "auto" have been lost, stolen or damaged. No deductible applies to this coverage. BUSINESS PERSONAL PROPERTY f. We will pay up to $500 for Business Personal Property that is damaged while in a scheduled "auto ". Theft is covered if the property is located in or on the "auto" at the time and there are visible signs of forced entry. REPLACEMENT COST ON NEW VEHICLES g. We will pay full replacement cost of a new "auto" that was purchased new if a total `loss" occurs within 90 days of purchase. This extension does not apply to any "auto" that is a land vehicle that would qualify under the definition of "mobile equipment" under this coverage part or policy. EXPENSE OF RETURNING STOLEN AUTO h. Under Comprehensive coverage, we will pay for the expense of returning a stolen covered "auto" to you. 7. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage in this policy or coverage part, then any Physical Damage coverage which is provided in this policy or coverage part for any "auto" you own will be extended to certain "autos" you lease, rent, hire, or borrow subject to the following provisions: A. This Hired Auto Physical Damage extension does not apply to: Includes copyrighted material of ISO Properties, Inc., with its permission Page 4 of 8 MSIG 120 01 13 1. Any "auto" that is a land vehicle that would qualify under the definition of "mobile equipment" under this policy or coverage part if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; 2. Any "auto" you lease, hire, rent, or borrow from any of your "employees ", partners (if you are a partnership) members (if you are a limited liability company) or members of their households; or 3. Any other "auto" leased, rented, hired, or borrowed: a. For a period of more than 30 days; or b. with a driver. B. The most we will pay for any one "loss" will be the lesser of: 1. The actual cash value of the damaged or stolen "auto" as of the time of the "loss "; 2. The cost to repair or replace the damaged or stolen "auto" as of the time of the "loss "; or 3. $60,000. C. Except that such amount will be reduced by a deductible as determined by sub - paragraph 7.E. below. D. Subject to 7.6. above, the coverage we will provide will be: 1. Collision coverage if any covered "auto" owned by you has this coverage under this coverage part or policy. 2. With respect to Other Than Collision coverage: a. Comprehensive coverage if any covered "auto" owned by you has this coverage under this coverage part or policy; or b. Specified Causes of Loss coverage if any covered "auto" owned by you has this coverage under this coverage part or policy. E. Deductible Our obligation to pay for, repair, return or replace such "auto" will be reduced by a deductible for each coverage afforded under 7.C.1. and 7.C.2. above equal to the amount of the largest deductible applicable for that coverage to any covered "auto" owned by you. However, no deductible will apply to "loss" caused by fire or lightning. F. Loss of Use Expenses For any "auto" which is a covered "auto" under this extension Hired Auto Physical Damage Coverage, we will also pay expenses for loss of use of such "auto" subject to the following additional provisions: 1. Such "auto" is leased or rented under a written rental contract or agreement; 2. Such loss of use is a consequence of a covered "accident; a. For which an "insured" is legally responsible; and b. As a result of which the leasing or rental entity suffers a monetary loss. 3. The most we will pay for any expenses for loss of use is $350 per day, to a maximum of $2,800. 4. With respect to the coverage afforded by this extension, Section III — Physical Damage Coverage Extension 4.b. - Loss Of Use does not apply. 8. AIRBAG COVERAGE EXTENSION SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions: the following is added to Item 3.a. : This exclusion does not apply to the unintended discharge of an airbag. However, airbag coverage is excess over any other collectible insurance or warranty specifically designed to provide coverage. 9. KNOWLEDGE OF ACCIDENT, CLAIM, SUIT OR LOSS SECTION IV — BUSINESS AUTO CONDITIONS, A. 2. a. is deleted and replaced with the following: a. In the event of an "accident ", claim, "suit" or "loss ", you must give us or our authorized representative prompt notice of the "accident' or "loss" only when the "accident', claim, "suit' or "loss" is known to: Includes copyrighted material of ISO Properties, Inc., with its permission Page 5 of 8 MSIG 120 01 13 i. You, if you are an individual; ii. A partner, if you are a partnership; iii. A member, if you are a limited liability company; iv. An "executive officer" or the employee designated by you to give such notice, if you are an organization other than a partnership or a limited liability company. Notice to include: a) How, when and where the "accident" or "loss" occurred; b) The "insured's" name and address; and c) To the extent possible, the names and addresses of any injured persons and witnesses. 10. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT SECTION IV — BUSINESS AUTO CONDITIONS - A.5. Transfer of Rights of Recovery Against Others to Us is deleted and replaced with the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" or "loss" arising out of the operation, maintenance, use, loading or unloading of a covered "auto" when you and such person or organization have agreed in writing in a contract or agreement to waive such right of recovery, provided: a. Such written contract or agreement was: 1) Made prior to the covered injury or damage; and 2) In effect at the time of the covered injury or damage; and b. The injury or damage arises out of the operations contemplated by such written contract or agreement. This waiver applies only to such person or organization designated in such written contract or agreement. 11. NEWLY FORMED OR ACQUIRED ORGANIZATIONS The Named Insured shown in the Declarations is amended to include any organization you newly form or acquire, other than: A. A partnership, joint venture, or limited liability company; or B. An organization excluded either by the provisions of this Coverage Part, or by endorsement, and over which you maintain ownership or majority interest of more than 50 %, subject to the following additional provisions: 1. This insurance does not apply to any newly formed or acquired organization that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. 2. Coverage under this provision does not apply to injury, damage, expense, or "loss" that occurred before you formed or acquired the organization. 3. Coverage under this provision is afforded only until the next anniversary date of this policy's effective date after you acquire or form the organization, or the end of the policy period, whichever is earlier. C. This provision does not include any newly formed or acquired organization 180 days after its formation or acquisition, unless you have given us notice of the formation or acquisition. 12. TOWING AND LABOR COVERAGE EXTENSION SECTION III — PHYSICAL DAMAGE COVERAGE, A.2. - Towing is deleted and replaced with the following: With respect to any "private passenger auto" or "light truck" you own that is provided both Comprehensive Coverage and Collision Coverage in this policy or coverage part, we will pay up Includes copyrighted material of ISO Properties, Inc., with its permission Page 6 of 8 MSIG 120 01 13 to $100 for towing and labor costs incurred each time such "private passenger auto" or "light truck" is disabled subject to the following additional provisions: a. The labor must be performed at the place of disablement. b. This coverage does not apply to stolen "autos ". c. If, at the time of disablement such "private passenger auto" or "light truck" is also a covered "auto" for the Physical damage Towing And Labor coverage shown under Item Two of the Business Auto Declarations in this policy or coverage part, the most we will pay for each covered disablement is the greater of: i. The limit shown under Item Two in the Declarations; or ii. $100. 13. LIMITED RENTAL REIMBURSEMENT COVERAGE We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of a covered physical damage "loss" to a covered "auto" you own, subject to the following additional provisions: A. As used in this Rental Reimbursement Coverage provision, "auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads. However, "auto" does not include: 1. "Mobile equipment"; or 2. Any other land vehicle that would qualify under the definition of "mobile equipment" under this policy or coverage part if it were not subject to compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. B. Payment applies in addition to the otherwise applicable amount of each coverage you have on the covered "auto ". C. No deductible applies to this coverage. D. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the expiration date of the policy, with the lesser of the following number of days: 1. The number of days reasonably required to repair or replace the covered "auto'; or 2. 60 days. E. Our payment is limited to the lesser of the following amounts: 1. Necessary and actual expenses incurred up to: a. $60 per day for a "private passenger auto" or light truck'; b. $100 per day for other than a "private passenger auto" or "light truck'; Subject to a maximum of $3,600. F. We will also pay the following: 1. Up to $500 for reasonable and necessary expenses to remove your Business Personal Property and materials form the covered "auto ". 2. Up to $100 for expenses incurred by the named insured for transportation to their intended destination from the point of the "auto" disablement or theft. G. This coverage does not apply while there is a spare or reserve "auto" available to you for your operations. H. With respect to the coverage afforded by this extension, the Transportation Expenses Coverage Extension contained in SECTION III — PHYSICAL DAMAGE COVERAGES, A. 4.a. does not apply. I. The insurance afforded for Limited Rental Reimbursement Coverage in this extension endorsement does not apply if separate Rental Reimbursement Coverage is issued by us as an endorsement and made a part of this policy or coverage part. 14. REVISIONS TO DEFINITIONS SECTION V — DEFINITIONS is revised as follows: "AUTO" AMENDED Paragraph B. "Auto" is deleted and replaced with: Includes copyrighted material of ISO Properties, Inc., with its permission Page 7 of 8 MSIG 120 01 13 B. "Auto" means: 1. A land motor vehicle, "trailer" or semitrailer designed for travel on public roads; 2. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 3. "Private passenger auto" means a four - wheeled auto of the private passenger or station wagon type; and 4. "Light truck" means a pick -up or panel truck, sport utility vehicle or similar "auto ", with a "Gross Vehicle Weight (GVW) of 11,000 pounds or less. Gross Vehicle Weight (GVW) is the maximum loaded weight for which a single "auto" is designed, as specified by the Manufacturer. However, "auto" does not include "mobile equipment ". "INSURED CONTRACT" AMENDED Paragraph H. "Insured Contract ": item d. is added to the end of the definition: d. That pertains to the ownership, maintenance or use of an "auto" and which indemnifies a person or organization for other than the vicarious liability of such person or organization for "bodily injury" or "property damage" specifically caused, in whole or in part by your operation or use of a covered "auto ". "EXECUTIVE OFFICER" ADDED The following definition is added: "Executive Officer" means a person holding any officer position created by your charter, constitution, by -laws or any other similar governing document. Includes copyrighted material of ISO Properties, Inc., with its permission Page 8 of 8 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named In the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to fumish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE. This endorsement changes the policy to which It Is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 8/18/2014 at 12:01 A.M. standard time, forms a part of Policy No. TSF0001215133 of the Texas Mutual Insurance Company Issued to SANITATION SOLUTIONS INC Endorsement No. Premium $ Authorized Representative WC420304A (ED. 1.01-2000) INSURED'S COPY OUSER 8 -16 -2013