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d. An executive officer or insurance manager, if you are an organization other than a part- nership, joint venture or limited liability com- pany. L. Blanket Waiver Of Subrogation The following is added to Paragraph A.S. of Sea tton IV —Business Auto Conditions: a. However, we waive any right of recovery we may have against a person, organization or government entity when you have waived such right of recovery under a written "insured con- tract" that is: (1) Currently in effect or becoming effective during the term of this policy; and (2) Executed prior to the "accident" or 'loss", or executed after the "accident" or "loss" if: (a) The terms and conditions of the written "insured contract" had been agreed upon prior to the "accident" or "loss"; and (b) You can definitively establish that the terms and conditions of the written 'in- sured contract" ultimately executed are the same as those which had been agreed upon prior to the "accident" or 'loss". b. We hereby waive any right of subrogation against any of your officers, directors or em- ployees which might arise by reason of any payment under the insurance afforded by the policy for the operation, maintenance, use, loading or unloading of a non -owned "auto". This waiver extends only to payments in excess of other valid and collectible insurance available to the officer, director or employee. M. Unintentional Failure To Disclose Hazards The following is added to Paragraph B.2. of Sec- tion IV —Business Auto Conditions: If you unintentionally fail to disclose any hazards existing on the effective date of this Coverage Form, we will not deny coverage under this Cover- age Form because of such failure. However, this provision does not affect our right to collect addi- tional premium due to us as a result of these un- disclosed hazards in accordance with our filed rat- ing plans. N. Bodily Injury — Including Mental Anguish Paragraph C. of Section V—Definitions is replaced by the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including "men- tal anguish" or death resulting from any of these at any time. For the purpose of this provision, the term "mental anguish" shall mean any type of mental or emotional illness or distress. O. Mexico Coverage The coverage provided by this policy for covered "autos" you own or lease on a long term basis without drivers are extended to "accidents" or 'losses" occurring in Mexico if: 1. The covered "auto" is in Mexico for a period not exceeding 10days; and 2. The covered "auto" is principally garaged and used in the United Slates; and 3. The driver of the covered "auto" does not re- side in Mexico; For Liability Coverage to apply to "accidents" oc- curring in Mexico, the following must also apply: 1. Valid and collectible auto liability insurance for the covered "auto" has been purchased from a licensed Mexican Insurance Company and is in force at the time of the "accident"; and 2. The original "suit" for damages is brought with- in the United States. For 'losses" payable under Physical Damage Cov- erage this additional restriction applies: We will pay "losses" under Physical Damage Cov- erage in the United States, not in Mexico. If the covered "auto" must be repaired in Mexico in order to be driven, then the most we will pay for'loss" is the lesser of the following: 1. The cost of repairing the "auto" or replacing its parts in Mexico; or 2. The cost of repair or replacement at the nearest point in the United States where the repairs or replacement could be made. Otherinsurance: The insurance provided by this section will be ex- cess over any other collectible insurance. Page 4 of 4 Copyright, Everest Reinsurance Company, 2010 Includes copyrighted material of Insurance Services Office, Inc. used with its permission. INSURED CD ECA 04 506 03 10 ❑ Risk 1r1@,a9einmt Dlvislan i+ REvt so&APPROVED BY. A+ Auwe(o "® Risk Management Specialist