Commercial Auto
A startup used car dealership buys cars at auto auctions in 30 states. It wants to be certain that damage coverage is provided when the cars are driven or transported from the auctions to the dealership. In regard to the business auto physical damage coverage, which is true? A Coverage is provided at additional premium. B Coverage is provided for the wholesale amount only. C Coverage is not provided under this form. D Coverage is provided if dealership employees are in possession of the subject automobile.
A Coverage is provided at additional premium. correct! Although this coverage is normally excluded, transporting autos coverage can be purchased under the business auto physical damage form for an additional premium.
Chapter: Commercial Auto Which of the following is the federal body that regulates truckers who travel across state lines? A Federal Motor Carrier Safety Administration B Motor Carriers Commerce Agency C Truckers and Trade Commission D Federal Trade Commission
A Federal Motor Carrier Safety Administration Correct! The federal body that regulates interstate truckers is called the Federal Motor Carrier Safety Administration (FMCSA).
To perform work on a customer's car, a mechanic in an auto shop had to put the vehicle on a service hoist. The hoist collapsed, damaging the vehicle and injuring the mechanic. In regard to the garage coverage form, which of the following statements is true? A No coverage is applicable. B Coverage is provided for the car on the hoist only. C Coverage is provided for all perils. D Coverage is provided for the bodily injuries to the mechanic.
A No coverage is applicable. Correct! The garage coverage form does not cover property damage for a customer's vehicle that is on a service hoist or for bodily injury.
To perform work on a customer's car, a mechanic in an auto shop had to put the vehicle on a service hoist. The hoist collapsed, damaging the vehicle and injuring the mechanic. In regard to the garage coverage form, which of the following statements is true? A No coverage is applicable. B Coverage is provided for the car on the hoist only. C Coverage is provided for all perils. D Coverage is provided for the bodily injuries to the mechanic.
A No coverage is applicable. correct! The garage coverage form does not cover property damage for a customer's vehicle that is on a service hoist or for bodily injury. Review ContentNext Question
All of the following statements are FALSE regarding garage physical damage coverage EXCEPT A No coverage is provided for any auto stored for more than forty-five days at a location not shown in the declarations. B Collision coverage is provided only for dealers. C Autos held for sale by a dealer are listed individually in the policy. D Specific causes-of-loss coverage is not available for physical damage coverage.
A No coverage is provided for any auto stored for more than forty-five days at a location not shown in the declarations. correct! Collision coverage is not for any specific risk. Autos held for sale are covered when auto designation Symbol 31 is shown on the declaration page. The "specific causes of loss" coverage is available for physical damage coverage.
Chapter: Commercial Auto Why don't commercial auto coverage forms automatically include medical payment coverage? A Often any person occupying a commercial vehicle would be covered under a workers compensation policy. B The business that owns the vehicles must be self-insured for medical payment coverage. C Commercial auto coverage is for damage to vehicles only. D Any person occupying a commercial vehicle must have a personal auto policy to cover any medical payments that result from an accident.
A Often any person occupying a commercial vehicle would be covered under a workers compensation policy. Correct! Commercial auto coverage forms do not automatically include medical payment coverage. (Often, any person who would occupy the vehicle would be covered under a workers compensation policy.)
Which of the following symbols is available to an insured with vehicles subject to no-fault coverage? A Symbol 5 B Symbol 6 C Symbol 7 D Symbol 9
A Symbol 5 correct! Symbol 5 covers owned autos subject to no-fault coverage.
Which one of the following symbols used in business auto coverage is correctly described? A Symbol 9 - nonowned autos only B Symbol 1 - owned auto only C Symbol 2 - owned autos subject to no-fault D Symbol 7 - hired autos only
A Symbol 9 - nonowned autos only Correct! Symbol 1 is used for any auto, Symbol 2 is used for owned autos only, and Symbol 7 is used for specifically described autos only.
Which one of the following symbols used in business auto coverage is correctly described? A Symbol 9 - nonowned autos only B Symbol 1 - owned auto only C Symbol 2 - owned autos subject to no-fault D Symbol 7 - hired autos only
A Symbol 9 - nonowned autos only correct! Symbol 1 is used for any auto, Symbol 2 is used for owned autos only, and Symbol 7 is used for specifically described autos only.
With respect to commercial auto policies, the Garage Coverage Form provides liability protection for all of the following EXCEPT A The insured's business income losses due to personal injury. B The insured's business premises. C The insured's business autos. D The insured's business products and work performed.
A The insured's business income losses due to personal injury. Correct! The Garage Coverage Form does NOT cover personal injury and loss of wages from those injuries. Such coverage would be provided by a CGL policy.
A dealership loans a car to its customer to use while the dealership is repairing the customer's car. If the dealership has business auto physical damage coverage and a customer's automobile insurance does not cover damages to loaner cars, which of the following is true? A The loaner vehicle is covered by the business auto policy. B No coverage is provided. C Only coverage for damage to a third party's vehicle is provided. D The customer is personally liable.
A The loaner vehicle is covered by the business auto policy. Correct! A dealership that provides loaner cars to customers while their vehicles are being repaired is covered under the business auto physical damage section.
Chapter: Commercial Auto Who is NOT an insured for liability on a BAP? A The owner of a car the insured borrows B Anyone using a covered auto with permission C Anyone liable for the conduct of the insured D The named insured in any covered auto
A The owner of a car the insured borrows Correct! A business auto policy defines who is not an insured; the owner of a car the insured borrows is one of them.
The Individual Named Insured endorsement under a Commercial Auto Policy provides coverage for which of the following? A The sole proprietor of the business and his/her family members B The sole proprietor of the business, only C The sole proprietor of the business and his/her employees D The sole proprietor of the business and his/her spouse, only
A The sole proprietor of the business and his/her family members Correct! This endorsement will provide the sole proprietor and family member's liability coverage for personal use of nonowned, hired and borrowed autos and changes the definition of who is an insured to include family members for any owned private passenger vehicle covered by the policy.
A commercial auto coverage form that is designed for insureds engaged in the business of transporting goods for others is a A Truckers coverage form. B Commercial carrier coverage form. C Garagekeepers coverage form. D Cargo carriers coverage form.
A Truckers coverage form. Correct! The truckers coverage form was developed to handle the special insurance needs of businesses that use their vehicles to haul goods for others.
What is the business auto "coverage territory" for? A United States and its territories, Canada, or worldwide for private passenger hired autos B Only for the specific location of the business C United States only D United States and Mexico
A United States and its territories, Canada, or worldwide for private passenger hired autos Correct! The defined coverage territory for both BAP and PAP is the United States and its territories and possessions, and Canada, or worldwide for private passenger hired autos.
What is the business auto "coverage territory" for? A United States and its territories, Canada, or worldwide for private passenger hired autos B Only for the specific location of the business C United States only D United States and Mexico
A United States and its territories, Canada, or worldwide for private passenger hired autos correct! The defined coverage territory for both BAP and PAP is the United States and its territories and possessions, and Canada, or worldwide for private passenger hired autos.
Under the business auto coverage form, mobile equipment is covered for liability insurance A When being carried or towed by a covered auto. B On an excess basis. C When listed on the declarations. D When coverage is written as Symbol 1.
A When being carried or towed by a covered auto. Correct! Liability coverage is automatically provided on mobile equipment while being carried or towed by a vehicle insured as a covered auto. (There is a business auto endorsement that will provide auto coverages to mobile equipment upon payment of additional premiums.) Review ContentNext Question
Under the business auto coverage form, mobile equipment is covered for liability insurance A When being carried or towed by a covered auto. B On an excess basis. C When listed on the declarations. D When coverage is written as Symbol 1.
A When being carried or towed by a covered auto. correct! Liability coverage is automatically provided on mobile equipment while being carried or towed by a vehicle insured as a covered auto. (There is a business auto endorsement that will provide auto coverages to mobile equipment upon payment of additional premiums.)
Tom's Truck Service's vehicle is stolen. The policyholder may obtain coverage for transportation expenses subject to which of the following limits? A $25 per day; $450 maximum B $20 per day; $600 maximum C $15 per day; $300 maximum D $15 per day; $450 maximum
B $20 per day; $600 maximum Correct! The physical damage section includes a coverage extension that would pay for substitute transportation, up to $20 per day for a maximum of $600, after the theft of a covered auto.
Which of the following would be considered an insured under a business auto coverage form? A A partner of the named insured for any covered auto owned by that person or a member of his or her household B Anyone while using, with permission, a covered auto owned by the named insured C The owner or anyone else from whom the named insured hires or borrows a covered auto D Anyone using a covered auto while working in a business of selling, servicing, repairing, or parking autos if it is not the named insured's business
B Anyone while using, with permission, a covered auto owned by the named insured correct! The business auto coverage form provides coverage on covered autos while used by the insured or employees of the insured, or others using the covered auto with permission, but does not cover the exposure of other autos not owned, hired, or leased by the named insured.
The garage coverage form is used to insure A Owner-operators who use their own trucks to haul property for the motor carriers that hire them. B Auto businesses, such as auto dealers, service stations, and auto repair shops. C Businesses that use automobiles to transport property of others or their own property. D All types of organizations other than auto businesses and motor carriers.
B Auto businesses, such as auto dealers, service stations, and auto repair shops. Correct! The Garage Coverage Form is used for businesses that regularly have autos of others in their care, custody or control. These types of businesses would include auto dealerships, auto repair and service garages, and businesses that park vehicles for others.
Which endorsement under the commercial auto policy provides the insured's employees additional protection while using a vehicle not owned, hired, or borrowed for the insured business? A Hired autos B Employees as insureds C Drive other car D Deductibles liability
B Employees as insureds Correct! The employees as insureds endorsement will provide the insured's employees additional protection while using a vehicle not owned, hired, or borrowed for the insured business.
Which endorsement under the commercial auto policy provides the insured's employees additional protection while using a vehicle not owned, hired, or borrowed for the insured business? A Hired autos B Employees as insureds C Drive other car D Deductibles liability
B Employees as insureds correct! The employees as insureds endorsement will provide the insured's employees additional protection while using a vehicle not owned, hired, or borrowed for the insured business.
To comply with requirements for insurance for public liability under the Motor Carrier Act of 1980, which endorsement is added to motor carrier coverage form? A MCS-70 B MCS-90 C MCS-80 D Garage
B MCS-90 correct! The Federal Motor Carrier Safety Administration (FMCSA) has developed an endorsement, MCS-90, that must be attached to all motor carriers' policies under its jurisdiction. This endorsement ensures that motor carriers comply with the federally mandated coverage for public liability (The Motor Carrier Act of 1980).
All of the following are optional coverages that may be attached to a Garage Policy EXCEPT A Incidental Medical malpractice B Owned Watercraft liability C Personal and Advertising Injury D Fire Legal liability
B Owned Watercraft liability correct! The additional coverages include the following: Personal and Advertising Injury; Fire Legal liability; Incidental Medical malpractice; Limited Nonowned Watercraft liability; Broader Host Liquor Liability.
Under the limits of insurance provision found in the Physical Damage Coverage Form in a Commercial Auto policy, how much will an insurer pay to repair or replace a covered auto? A The greater of the replacement cost value or the cost to repair or replace a covered auto B The lesser of the actual cash value or the cost to repair or replace a covered auto C The greater of the actual cash value or the cost to repair or replace a covered auto D The lesser of the replacement cost value or the cost to repair or replace a covered auto
B The lesser of the actual cash value or the cost to repair or replace a covered auto Correct! The "limits of insurance" provision of the physical damage coverage states that the insurer will pay the lesser of the actual cash value or the cost to repair or replace a covered auto. This is the same as the provision found in the Business Auto Coverage Form.
Under the limits of insurance provision found in the Physical Damage Coverage Form in a Commercial Auto policy, how much will an insurer pay to repair or replace a covered auto? A The greater of the replacement cost value or the cost to repair or replace a covered auto B The lesser of the actual cash value or the cost to repair or replace a covered auto C The greater of the actual cash value or the cost to repair or replace a covered auto D The lesser of the replacement cost value or the cost to repair or replace a covered auto
B The lesser of the actual cash value or the cost to repair or replace a covered auto correct! The "limits of insurance" provision of the physical damage coverage states that the insurer will pay the lesser of the actual cash value or the cost to repair or replace a covered auto. This is the same as the provision found in the Business Auto Coverage Form.
A used car dealer takes a car in trade as partial payment for a car on its car lot. The customer promises to bring in the car's title but does not. Another customer takes the trade-in for a test drive and has an accident. In regard to the dealership's business auto physical damage coverage, which of the following it true? A Damage to the trade-in is covered. B There is no coverage. C Liability coverage is provided. D Full coverage is provided.
B There is no coverage. Correct! The dealership does not have legal title to the trade-in vehicle, so no coverage is provided under the business auto physical damage coverage due to the false pretense clause.
A trucking company owns a large fleet of trucks that transport oil across state lines. According to the financial responsibility requirements set by the Motor Carrier Act of 1980, what is the minimum amount of insurance the company must carry on vehicle that transport oil? A $500,000 B $750,000 C $1 million D $5 million
C $1 million correct! The minimum requirements for haulers of oil and certain categories of hazardous waste in interstate commerce is $1 million.
An auto dealer reported $500,000 worth of automobiles on its lot at the end of May to its insurer. On June 10, it received $200,000 worth of cars. By June 20, the dealership sold $100,000 worth of cars. A hail storm on June 21 caused $50,000 worth of damage to the inventory. Without considering any deductibles, how much will the insurer pay for damages? (Dollar amounts are rounded to the nearest hundred.) A$35,700 B$40,000 C$41,700 D$50,000
C $41,700 Correct! Inventory at the time of the damage exceeded the reported inventory at the end of the previous month. Therefore, the insurer will pay only a portion of the total damages. Reported inventory = $500,000 + $200,000 = $700,000. $700,000 - $100,000 worth of cars sold = $600,000. Therefore, the insurer will pay $50,000 X 5/6 = $41,667 (or $41,700 rounded up).
An auto dealer reported $500,000 worth of automobiles on its lot at the end of May to its insurer. On June 10, it received $200,000 worth of cars. By June 20, the dealership sold $100,000 worth of cars. A hail storm on June 21 caused $50,000 worth of damage to the inventory. Without considering any deductibles, how much will the insurer pay for damages? (Dollar amounts are rounded to the nearest hundred.) A $35,700 B $40,000 C $41,700 D $50,000
C $41,700 correct! Inventory at the time of the damage exceeded the reported inventory at the end of the previous month. Therefore, the insurer will pay only a portion of the total damages. Reported inventory = $500,000 + $200,000 = $700,000. $700,000 - $100,000 worth of cars sold = $600,000. Therefore, the insurer will pay $50,000 X 5/6 = $41,667 (or $41,700 rounded up).
Employee Jane drives a company auto, but does not own a vehicle herself. What endorsement could be added to the insurance policy covering the company auto that would provide coverage to Jane when she drives someone else's car for her personal use? A Rental car coverage B Personal injury protection C Drive other car coverage D Bobtail coverage
C Drive other car coverage correct! A drive other car endorsement, when added to a business auto policy, extends coverage to cover these situations. It covers the employees named in the endorsement, as well as their spouses, when they drive another vehicle for personal use.
Chapter: Commercial Auto All of the following statements are FALSE regarding garage physical damage coverage EXCEPT A Autos held for sale by a dealer are listed individually in the policy. B Specific causes-of-loss coverage is not available for physical damage coverage. C No coverage is provided for any auto stored for more than forty-five days at a location not shown in the declarations. D Collision coverage is provided only for dealers.
C No coverage is provided for any auto stored for more than forty-five days at a location not shown in the declarations. Correct! Collision coverage is not for any specific risk. Autos held for sale are covered when auto designation Symbol 31 is shown on the declaration page. The "specific causes of loss" coverage is available for physical damage coverage.
Why don't commercial auto coverage forms automatically include medical payment coverage? A Commercial auto coverage is for damage to vehicles only. B Any person occupying a commercial vehicle must have a personal auto policy to cover any medical payments that result from an accident. C Often any person occupying a commercial vehicle would be covered under a workers compensation policy. D The business that owns the vehicles must be self-insured for medical payment coverage.
C Often any person occupying a commercial vehicle would be covered under a workers compensation policy. Correct! Commercial auto coverage forms do not automatically include medical payment coverage. (Often, any person who would occupy the vehicle would be covered under a workers compensation policy.)
Why don't commercial auto coverage forms automatically include medical payment coverage? A Commercial auto coverage is for damage to vehicles only. B Any person occupying a commercial vehicle must have a personal auto policy to cover any medical payments that result from an accident. C Often any person occupying a commercial vehicle would be covered under a workers compensation policy. D The business that owns the vehicles must be self-insured for medical payment coverage.
C Often any person occupying a commercial vehicle would be covered under a workers compensation policy. correct! Commercial auto coverage forms do not automatically include medical payment coverage. (Often, any person who would occupy the vehicle would be covered under a workers compensation policy.)
Who is NOT an insured for liability on a BAP? A Anyone liable for the conduct of the insured B The named insured in any covered auto C The owner of a car the insured borrows D Anyone using a covered auto with permission
C The owner of a car the insured borrows Correct! A business auto policy defines who is not an insured; the owner of a car the insured borrows is one of them.
Chapter: Commercial Auto The Individual Named Insured endorsement under a Commercial Auto Policy provides coverage for which of the following? A The sole proprietor of the business and his/her employees B The sole proprietor of the business and his/her spouse, only C The sole proprietor of the business and his/her family members D The sole proprietor of the business, only
C The sole proprietor of the business and his/her family members Correct! This endorsement will provide the sole proprietor and family member's liability coverage for personal use of nonowned, hired and borrowed autos and changes the definition of who is an insured to include family members for any owned private passenger vehicle covered by the policy.
Chapter: Commercial Auto A used car dealer takes a car in trade as partial payment for a car on its car lot. The customer promises to bring in the car's title but does not. Another customer takes the trade-in for a test drive and has an accident. In regard to the dealership's business auto physical damage coverage, which of the following it true? A Full coverage is provided. B Damage to the trade-in is covered. C There is no coverage. D Liability coverage is provided.
C There is no coverage. Correct! The dealership does not have legal title to the trade-in vehicle, so no coverage is provided under the business auto physical damage coverage due to the false pretense clause.
Chapter: Commercial Auto Under the business auto coverage form, mobile equipment is covered for liability insurance A When listed on the declarations. B When coverage is written as Symbol 1. C When being carried or towed by a covered auto. D On an excess basis.
C When being carried or towed by a covered auto. Correct! Liability coverage is automatically provided on mobile equipment while being carried or towed by a vehicle insured as a covered auto. (There is a business auto endorsement that will provide auto coverages to mobile equipment upon payment of additional premiums.)
Which of the following policies will help an auto dealership cover most of its liability exposures? A A motor carrier coverage form B A commercial general liability policy with a crime endorsement C A businessowners policy D A garage liability coverage
D A garage liability coverage Correct! The garage liability coverage form provides liability protection for the insured's premises, autos, products, and work performed.
With regard to the Commercial Auto Policy, all of the following autos would be classified as "owned autos", EXCEPT A A vehicle titled to another entity and furnished and available to an insured for their regular use. B A vehicle titled to the named insured and listed on the declaration page of the policy. C A vehicle titled to the named insured but not listed on the declaration page of the policy. D A vehicle furnished for use to an insured by an auto repair shop, as a temporary substitute, while the insured's covered auto is being serviced.
D A vehicle furnished for use to an insured by an auto repair shop, as a temporary substitute, while the insured's covered auto is being serviced. correct! A "temporary substitute" vehicle, while "covered" under a commercial auto policy, is classified as a nonowned auto.
Chapter: Commercial Auto Which of the following would be considered an insured under a business auto coverage form? A The owner or anyone else from whom the named insured hires or borrows a covered auto B Anyone using a covered auto while working in a business of selling, servicing, repairing, or parking autos if it is not the named insured's business C A partner of the named insured for any covered auto owned by that person or a member of his or her household D Anyone while using, with permission, a covered auto owned by the named insured
D Anyone while using, with permission, a covered auto owned by the named insured Correct! The business auto coverage form provides coverage on covered autos while used by the insured or employees of the insured, or others using the covered auto with permission, but does not cover the exposure of other autos not owned, hired, or leased by the named insured.
Chapter: Commercial Auto The garage coverage form is used to insure A Businesses that use automobiles to transport property of others or their own property. B All types of organizations other than auto businesses and motor carriers. COwner-operators who use their own trucks to haul property for the motor carriers that hire them. D Auto businesses, such as auto dealers, service stations, and auto repair shops.
D Auto businesses, such as auto dealers, service stations, and auto repair shops. Correct! The Garage Coverage Form is used for businesses that regularly have autos of others in their care, custody or control. These types of businesses would include auto dealerships, auto repair and service garages, and businesses that park vehicles for others.
A small trucking company stops transporting hay for area farmers and begins to haul hay for its own farm exclusively. In regard to the coverage on its trucks, which of the following is true? A Any coverage form applies. B Coverage can continue under the truckers coverage form. C Farm liability coverage applies. D Business auto coverage form may apply.
D Business auto coverage form may apply. Correct! Businesses that use their vehicles to carry their own goods are called private carriers and cannot be covered under the truckers coverage form. Private carriers must obtain coverage for their trucks through the business auto form or the motor carrier form.
A startup used car dealership buys cars at auto auctions in 30 states. It wants to be certain that damage coverage is provided when the cars are driven or transported from the auctions to the dealership. In regard to the business auto physical damage coverage, which is true? A Coverage is provided for the wholesale amount only. B Coverage is not provided under this form. C Coverage is provided if dealership employees are in possession of the subject automobile. D Coverage is provided at additional premium.
D Coverage is provided at additional premium. Correct! Although this coverage is normally excluded, transporting autos coverage can be purchased under the business auto physical damage form for an additional premium.
Chapter: Commercial Auto Which endorsement under the commercial auto policy provides the insured's employees additional protection while using a vehicle not owned, hired, or borrowed for the insured business? A Drive other car B Deductibles liability C Hired autos D Employees as insureds
D Employees as insureds Correct! The employees as insureds endorsement will provide the insured's employees additional protection while using a vehicle not owned, hired, or borrowed for the insured business.
Which of the following endorsements is used by individual business owners who use company vehicles for personal use rather than purchasing a personal vehicle? A Drive Other Car B Additional Insured - Lessor C Hired Autos Specified as Covered Autos You Own D Individual Named Insured
D Individual Named Insured correct! The endorsement is used by individual business owners who use company vehicles for personal use rather than purchasing a personal vehicle.
A parking garage owner completed major renovations to a parking garage just prior to selling it to another company. Three months later, overhead concrete fell onto cars in the second floor level. Under the garage coverage policy conditions, which of the following is true? A The renovation contractor is liable. B The first owner is responsible for the damage. C The damage occurred when the renovations were done. D The damage occurred when the concrete fell.
D The damage occurred when the concrete fell. Correct! Under the conditions of a garage coverage policy, the loss occurs at the time of the incident, not when the faulty work was done.
A parking garage owner completed major renovations to a parking garage just prior to selling it to another company. Three months later, overhead concrete fell onto cars in the second floor level. Under the garage coverage policy conditions, which of the following is true? A The renovation contractor is liable. B The first owner is responsible for the damage. C The damage occurred when the renovations were done. D The damage occurred when the concrete fell.
D The damage occurred when the concrete fell. correct! Under the conditions of a garage coverage policy, the loss occurs at the time of the incident, not when the faulty work was done.
Which of the following statements is true regarding a mobile equipment endorsement in commercial auto policies? A The endorsement is automatic. B Liability coverage is not provided on equipment that is being towed. C Mobile equipment is covered for property insurance. D The endorsement is available for additional premium.
D The endorsement is available for additional premium. Correct! The mobile equipment endorsement will provide auto coverages to mobile equipment upon payment of additional premiums.
Chapter: Commercial Auto Under the limits of insurance provision found in the Physical Damage Coverage Form in a Commercial Auto policy, how much will an insurer pay to repair or replace a covered auto? A The greater of the actual cash value or the cost to repair or replace a covered auto B The lesser of the replacement cost value or the cost to repair or replace a covered auto C The greater of the replacement cost value or the cost to repair or replace a covered auto D The lesser of the actual cash value or the cost to repair or replace a covered auto
D The lesser of the actual cash value or the cost to repair or replace a covered auto Correct! The "limits of insurance" provision of the physical damage coverage states that the insurer will pay the lesser of the actual cash value or the cost to repair or replace a covered auto. This is the same as the provision found in the Business Auto Coverage Form.
A trucking business swaps trailers with other carriers. What coverage is necessary to cover loss to the other's trailer while in the borrower's possession? A Interstate carrier coverage B Lock and interchain coverage C Owner-operator motor carrier coverage D Trailer interchange coverage
D Trailer interchange coverage correct! Because truckers frequently hire or borrow trailers from others with a written trailer interchange agreement, they need coverage for the trailer while in their possession to cover the liability imposed upon them because of the agreement.