Agmt25 Timber and Salt (881 Middlfield Road)

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the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. j. Additional Insured - Permits Issued By State Or Political Subdivisions (1) WHO IS AN INSURED under Paragraph C. Who Is An Insured in Section II — Liability is amended to include as an additional insured any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. (2) This insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) "Bodily injury" or "property damage" included within the "products -completed operations hazard". k. Additional Insured - Vendors (1) WHO IS AN INSURED under Paragraph C. Who Is An Insured in Section II — Liability is amended to include as an additional insured any person(s) or organization(s) (referred to below as vendor), but only with respects to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. (2) The insurance afforded to the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normal) undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in above Paragraphs (d) or (f); or (ii) Such inspections, adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (3) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. I. Additional Insured - Any Other Party Page 20 of 22 Includes Copyrighted Material of the Insurance Services Office, Inc. 26-0115 10 10 Used with permission ATTY/AGR.2025.234/Pacific Dining CA1, LLC (881 Middlefield Rd) (Page 39 of 47)