Discussion and Consideration of Pay Application #9 – Miron Construction – Tiffin Recreation Center – Motion to Approve — K-3

Liability Limit shown in the Declarations or XII. Duties in the Event of Occurrence, Claim or Schedule, whichever is higher. Suit Redefined a. The requirement in Condition 2.a. of d. Paragraph XI.c. does not apply to Section IV – Commercial General “property damage” arising out of damage Liability Conditions that you must see to to “electronic data” on embedded it that we are notified of an “occurrence” controllers used to operate or maintain only applies when the “occurrence” or building equipment. offense is known to: e. The following definition is added to (1) You, if you are an individual; Section V -Definitions: (2) A partner, if you are a partnership; or “ Electronic data” means information, facts or programs stored as or on, created or (3) An officer of the corporation or used on, or transmitted to or from insurance manager, if you are a computer software including systems and corporation. applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data b. The requirement in Condition 2.b. of processing devices or any other media Section IV – Commercial General which are used with electronically Liability Conditions that you must see to controlled equipment. it that we receive notice of a claim or “suit” will not be considered breached unless f. For the purposes of this coverage, the the breach occurs after such claim or “suit” definition of “Property Damage” in Section is known to: V - Definitions is deleted and replaced by the following: (1) You, if you are an individual; 17. “Property damage” means: (2) A partner, if you are a partnership; or a. Physical injury to tangible (3) An officer of the corporation or property, including all resulting insurance manager, if you are a loss of use of that property. All corporation. such loss of use shall be deemed to occur at the time of the physical XIII.Transfer Of Rights Of Recovery Against Others injury that caused it; To Us The following is added to 8. Transfer Of Rights b. Loss of use of tangible property Of Recovery Against Others To Us condition in that is not physically injured. All Section IV – Commercial General Liability such loss of use shall be deemed Conditions: to occur at the time of the “occurrence” that caused it; or A. We waive any right of recovery we may have against any person(s) or c. Loss of, loss of use of, damage to, organization(s) because of payments we corruption of, inability to access, make for injury or damage arising out of or inability to properly manipulate your ongoing operations or ”your work” “electronic data”, resulting from done under a contract with that person(s) physical injury to tangible or organization(s) and included in the property. All such loss of “products-completed operations hazard”. “electronic data” shall be deemed This waiver applies to all person(s) or to occur at the time of the organizations(s) you have agreed in that “occurrence” that caused it. written contract or agreement to waive your right of recovery, however, we do not For the purposes of this insurance, waive our right of recovery against any “electronic data” is not tangible person or organization due to their liability property. arising out of the rendering of, or the failure to render, any professional 71 1403 0121 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 11 Copyright Insurance Services Office, Inc., 1984, 1992, 2003, 2004, 2006, 2012, 2013