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(b) Giving directions or instructions, or failing to give them, if that is the <br /> primary cause of the injury or damage; or <br /> (2) Under which the insured, if an architect, engineer or surveyor, assumes <br /> liability for an injury or damage arising out of the insured's rendering or <br /> failure to render professional services, including those listed in Paragraph (1) <br /> above and supervisory, inspection, architectural or engineering activities; and <br /> B. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. - Other Insurance, <br /> b.Excess Insurance, (1) (a), is amended to include the following: <br /> (v) That is a Railroad Protective Insurance Policy or similar coverage. <br /> XL COVERAGE FOR YOUR SUPERVISORY OR MANAGERIAL EMPLOYEES RELATING TO CO- <br /> EMPLOYEE INJURIES <br /> SECTION II-WHO IS AN INSURED, 2.a. (1), (a) and (b) are clarified to hold that: <br /> Your supervisory or managerial "employees" are insureds for "bodily injury" to "co- <br /> employees" while in the course of their employment or performing duties related to the <br /> conduct of your business if claims or suits arise out of liability assumed by an insured <br /> under an "insured contract" as provided by SECTION I - COVERAGES, COVERAGE A <br /> BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, e. Employer's <br /> Liability. <br /> XII. WAIVER OF TRANSFER OF RIGHTS OR RECOVERY AGAINST OTHERS TO US <br /> SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, S. - Transfer of Rights <br /> of Recovery Against Others To Us, is amended by the addition of the following: <br /> We waive any right of recovery we may have against any person or organization <br /> pursuant to applicable written contract or agreement you enter into because of <br /> payments we make for injury or damage arising out of your ongoing operations or <br /> "your work" done under a contract with that person or organization and included in <br /> the "products-completed operations hazard". <br /> XIII. AMENDMENT OF OTHER INSURANCE <br /> A. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4.- Other Insurance, b. <br /> - Excess Insurance, (1), is amended to include the following: <br /> This insurance shall not be excess where (i) such other insurance is specifically <br /> purchased to apply as excess of this policy, or (ii) where you are obligated by <br /> contract to provide primary insurance to an additional insured, unless there is other <br /> additional insurance coverage available to that additional insured. <br /> B. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4.- Other Insurance, b. <br /> -Excess Insurance, (2), is deleted in its entirety and replaced with the following: <br /> When this insurance is excess, we will have no duty under Coverages A or B to <br /> defend any claim or "suit" that any other insurer has a duty to defend. If no other <br /> insurer defends, we will undertake to do so, but we will be entitled to the insured's <br /> rights against all those other insurers. <br /> XIV. AMENDMENT AGGREGATE LIMITS PER PROJECT <br /> A. For all sums which the insured becomes legally obligated to pay as damages caused by <br /> "occurrences"under COVERAGE A (SECTION I), offense under COVERAGE B (SECTION <br /> 1) and for all medical expenses caused by accidents under COVERAGE C (SECTION I), <br /> which can be attributed only to ongoing operations at a single designated construction <br /> project: <br /> 100983 (2/09) Page 6 of 7 <br />