Agmt25 Timber and Salt (881 Middlfield Road)

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(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 other person or organization who is not an insured under Paragraphs a. through k. above, 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 omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with 'your work" and included within the "products- completed operations hazard", but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products- completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "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 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. C. The following is added to Section II — Liability, Paragraph D. Liability And Medical Expenses Limits Of Insurance: How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this policy is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. III. FOR THE PURPOSES OF THE COVERAGE PROVIDED BY THIS ENDORSEMENT, SECTION III — COMMON POLICY CONDITIONS IS AMENDED AS FOLLOWS: Transfer of Rights of Recovery Against Others To Us Paragraph K.2. Transfer Of Rights Of Recovery Against Others To Us in Section III — Common Policy Conditions is deleted and replaced by the following: 2. If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The insured 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. However, if the insured has waived those rights to recover through a written contract or if "your work" was commenced under a letter of intent or work order, subject to a subsequent reduction to writing with customers whose customary contracts require a waiver, we waive any rights of recover we may have under this policy. 26-0115 10 10 Includes Copyrighted Material of the Insurance Services Office, Inc. Page 21 of 22 Used with permission ATTY/AGR.2025.234/Pacific Dining CA1, LLC (881 Middlefield Rd) (Page 40 of 47)