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HAZ RENTAL CENTER, LLC.
116urihivut NU 01v rit.E N-2022-172 WORK MAY NOT PROCEED CLERK OF COUNCIL. :QQCSA(1) DATE: (San aa) AGREEMENT WITH HAZ RENTAL CENTER, LLC, TO PROVIDE OUTDOOR EVENT RENTAL EQUIPMENT THIS AGREEMENT is made and entered into this 1 LA day of June, 2022, by and between HAZ Rental Center, LLC, a California company ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a contractor to outdoor event rental equipment for its Juneteenth event. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES a. Contractor shall provide the equipment described in Exhibit A, attached hereto and incorporated by reference. b. The event address shall be Centennial Park (3000 W. Edinger Avenue, Santa Ana, CA 92704). C. The delivery address shall be Centennial Park (3000 W. Edinger Avenue, Santa Ana, CA 92704). 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended under this Agreement shall not exceed Five Thousand Seven Hundred Ninety -Five Dollars and Sixty -Three Cents ($5,795.63). This sum consists of (1) a base amount of $5,268.75 and (2) a ten percent (10%) contingency in the amount of $526.88 for services at the sole discretion of the City. b. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. Page 1 of 9 3. TERM This Agreement shall commence on June 17, 2022 and terminate on December 31, 2022, unless terminated earlier in accordance with Section 14, below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims forinjuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. a. Minimum Scope and Limit of Insurance: Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance, which shall include, but not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability. ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. Page 2 of 9 3. Worker's Compensation Insurance. In accordance with California State law, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 4. Broader Coverage. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 1185 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Notice of Cancellation. Each insurance policy required above shall. provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation. Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Contractor to Page 3 of 9 purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City. 7. Verification of Coverage. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at anytime. 8. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 6. IlVDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury; damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the Page 4 of 9 defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 1:7DCKI 1 y Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 8. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. Page 5 of 9 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With copy to: Executive Director Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 To Contractor: HAZ Rental Center, LLC. Att: Accounting Department 8642 Garden Grove Blvd. Garden Grove, CA 92844 714-638-3640 HAZRENTALCENTERAGMAIL.COM A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not Page 6 of 9 bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City. 13. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 14. TERMINATION This Agreement may be terminated by the City upon five (5) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, except payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 15. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 7 of 9 N-2022-172 17. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. C. The City agrees to the terms and conditions set forth in Exhibit A with exception to Section 1. INDEMNITYiHOLD HARMLESS and Section 2. ASSUMPTION OF RISK/BELEASE-DISCHARGE OF LIABILITY. d. In the event of any conflict or inconsistency between the terms and conditions in this Agreement and any terms or conditions set forth in any Exhibit, purchase order, or other document relating to the transactions contemplated by this Agreement, the terms and conditions set forth in this Agreement shall prevail. e. This Agreement is the final and complete agreement and any prior or contemporaneous agreement(s) for similar services between the parties is superseded by this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA WSW VMPJ a. DAISY GOMEZ KRISTINE RIDG Clerk of the Council City Manager [signatures continued on next page] Page 8 of 9 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney I. Executive Direct r TM L'lwl2VQhfF Parks, Recreation, and Community Services Agency CONTRACTOR Name; Title: Page 9 of 9 �]Q 714-638-3640 S�J7 8642 GARDEN GROVE BL. v�. ll li GARDEN GROVE, CA 92844 HAZ RENTAL CENTERhazrentalcenter@gmail.com PARTIES •TlT.DDINGS • SPECIAL EVENTS DARCEL DAVIDSON OC HERITAGE COUNCIL 1754 WEST WILLITS ST Mark Weld SANTA ANA, CA 92704 +1 714 673 2468 ALT: +1 714 579 9966 EDMADI@PEOPLEPC.COM Contract # R-002865 III I II IIII I IIIIIIIIIIIIIIII IN III Fri 06/17/2022 08:00 AM through Mon 06/20/2022 08:00 AM Event Address Delivery Address DARCEL DAVIDSON 1754 WEST WILLITS ST SANTA ANA, CA 92704 DARCEL DAVIDSON 1754 WEST WILLITS ST SANTA ANA, CA 92704 Reservation Reserved Rate Qty Total POP UP TENT -10' X 10' $ 45.00 50 $ 2,250.00 CANOPY 20' X 20' $ 210.00 2 $ 420.00 TABLE, 8' BANQUET $ 10.00 54 $ 540.00 CHAIR, FOLDING WHITE $ 1.15 400 $ 460.00 SIDEWALL FOR CANOPY 20'W/WINDOWS $30.00 3 $90.00 SIDEWALL FOR POP UP TENT 10' $ 8.00 53 $ 424.00 LINEN 5' X 10' BLACK $ 12.50 5 $ 62.50 TABLE, 60" ROUND $ 10.00 6 $ 60.00 UMBRELLA MARKET 9' TAUPE WOOD $ 26.00 6 $ 156.00 Sale Rate Qty Total Delivery Charge, Early Morning/After Hours (Sale) $ 90.00 4 $ 360.00 Damage Damage Waiver (10%) $ 446.25 1 $ 446.25 Damage Waiver Excludes: COMPANY HOURS Rental Total $ 4,462.50 Monday- Saturday: 8:00 AM-5:00 PM Sunday: Closed Rental Tax 8.75% $ 0.00 Damage Waiver $ 446.25 CONTRACT TERMS D/W Tax 0% $ 0.00 The next page of this contract contains Important terms and conditions, including HAZ RENTAL CENTER DISCLAIMER from all liability for injury or damage and details for renter's obligations for rental and other charges and Sales Total $ 360.00 responsibilities to care for and return the Items rented. THEY ARE PART OF THIS CONTRACr-READ THEM. Sale Tax 8.75% $ 0.00 I certify that I have read and agree to all terms of this contract. Grand Total $ 5,268.75 Amount Paid $ 0.00 SIGNATURE DATE Amount Due $ 5,268.75 Your Savings $ 140.00 05/17/2022 02:57 PM TERMS AND CONDITIONS For the purpose of this Rental Agreement, "Rental Center" shall mean Rental all safety equipment required, to operate the equipment or use the equipment. Customer shall not Center, its owners, officers, directors, shareholders, and employees, and allow any person to use or operate the equipment when it is in need of repair or when it is in an "Customer" shall mean Customer, its agents and/or employees. unsafe condition or situation; modify, misuse, harm or abuse the equipment; permit any repairs to In consideration of hiring of the equipment (herein "the rental equipment or the equipment without Rental Center's prior written permission; or, allow a Ilan to be placed upon equipment") described on the front of this Rental Agreement it is agreed as follows: the equipment. 1. INDEMNITYRIOLD HARMLESS. CUSTOMER WILL. TAKE ALL NECESSARY Customer agrees to check filters, ail, fluid levels, air pressure, clean and visually Inspect the PRECAUTIONS REGARDING THE EQUIPMENT RENTED, AND PROTECT equipment at least daily and to immediately discontinue use and notify Rental Center when ALL PERSONS AND PROPERTY FROM INJURY OR DAMAGE. CUSTOMER equipment Is found to need repair or maintenance Or is not properly functioning. Customer AGREES TO HOLD HARMLESS RENTAL CENTER FROM AND AGAINST acknowledges that Rental Center has no responsibility to inspect the equipment while it is in ANY AND ALL LIABILITY, CLAIMS, JUDGMENTS, ATTORNEY'S FEES AND Customer's possession. COSTS, OF EVERY KIND AND NATURE, INCLUDING, BUT NOT LIMITED, 9. RETURN OF EQUIPMENT, Customer agrees to return to Rental Center the equipment TO INJURIES OR DEATH TO PERSONS AND DAMAGE TO PROPERTY, in as good condition as when received, ordinary wear and tear excepted by Rental Agreement ARISING OUT OF THE USE, MAINTENANCE, INSTRUCTION, OPERATION, Agreed Return Date. Customer shall be liable for all damages to or lose of the equipment and POSSESSION, OWNERSHIP OR RENTAL OF THE EQUIPMENT RENTED, liability incurred prior to equipment's return to Rental Comer, Customer shall be responsible for all HOWEVER CAUSED, EXCEPT CLAIMS OR LITIGATION ARISING THROUGH coats incurred by Rental Center recovering and returning damaged equipment to Rental Center's THE SOLE NEGLIGENCE OR WILLFUL MISCONDUCT OF RENTAL CENTER. premises. It equipment is to be "picked -up" by Rental Center, Customer agrees to provide a a. ASSUMPTION OF RISK/RELEASE-DISCHARGE OF LIABILITY, secure storage location and Customer accepts all risk Including damage to and liability relative to CUSTOMER IS FULLY AWARE AND ACKNOWLEDGES THERE IS A RISK Op equipment for a reasonable period of time until the equipment is picked -up by Rental Center, INJURY OR DAMAGE ARISING OUT OF THE USE OR OPERATION OF THE 10. DISCLAIMER OF WARRANTIES. nonfat Center makes no warranty of merchantability EQUIPMENT DENTED HEREUNDER AND HEREBY ELECTS TO VOLUNTARILY or fitness for any particular use or purpose, either express or Implied. There is no warranty or ENTER INTO THIS RENTAL AGREEMENT AND ASSUME ALL OF THE ABOVE representation that the equipment Is fa for Customer's particular intended use, or that it is free RISKS OF INJURY OR DAMAGE. CUSTOMER AGREES TO RELEASE AND of latent defects. Rental Center shall not be responsible to customer or any third parry for any DISCHARGE RENTAL CENTER FROM ANY AND ALL RESPONSIBILITY OR loss, damage or Injury resulting from, or many way attributable to the operation of, use of, or any LIABILITY FROM SUCH INJURY OR DAMAGE ARISING OUT OF THE USE OR failure of the equipment. Rental Center shall not be responsible for aqy defect Or failure unknown OPERATION OF THE EQUIPMENT; AND CUSTOMER FURTHER AGREES TO to the Rental Center. Customers sole remedy for any failure of or defect in the equipment shall WAIVE, RELEASE AND DISCHARGE ANY AND ALL CLAIMS FOR INJURY OR be termination of the rental charges at the time of failure provided that Customer notifies Rental DAMAGE AGAINST RENTAL CENTER WHICH CUSTOMER OTHERWISE MAY Center Immediately of such failure and retains the equipment to Rental Center within twenty-four BE ENTITLED TO ASSERT. (24) hours of such failure. 3. OPERATORS. No operators are furnished, directly or Indirectly with our If. PURCHASE ORDERS. The use of Customer's purchase order number on this Rental equipment. Agreement is for Customer's convenience and Identification only. 4. RECEIPTANSPECTION OF EQUIPMENT. Customer hires the equipment on 12, SUBLETTINGILOCATION OF EQUIPMENT. Customer agrees not to sublet, loan or assign an "as is" basis. Customer acknowledges that he has, or will, personally Inspect the equipment. Customer shall not move the equipment from the address at which Customer the equipment prior to its use and finds it suitable for Customer's needs. Customer represented it was to be used. acknowledges receipt of all items listed in this Rental Agreement and that the 13. DEFAULT. Should Customer In any way fall to observe or comply with any provision of this equipment is in good working order and repair and that Customer understands Rental Agreement, Rental Center may, at ne sole option, terminate this Rental Agreement, retake (without further instructions) Its proper Opm often and use, the equipment, declare any changes due and payable and initiate legal process to recover monies E. POSSESSION/TITLE. Customers right to possession of the equipment begins owed, and/or, pursue any other legal rights and remedies available to Rental Center. Exercise of upon equipment leaving Rental Center and terminates on the Agreed Return Data any remedy available to Rental Center shall not constitute an election of remedies or a waiver of indicated on the front of this Rental Agreement. Retention of possession after this any additional remedies to which Rental Center may be entitled. date constitutes a material breach of this Rental Agreement, 14. RETAKING OF EQUIPMENT. If for any reason it becomes necessary for Rental Center to Time is of the essence of this Rental Agreement. Any extension of this Rental retake the equipment, Customer authorizes rental center to retake the equipment without further Agreement must be agreed upon in writing. Title to the equipment Is and shall notice or further legal process and agrees that Rental Center shall not be liable for any claims for remain in Rental Center. If the equipment are no returned and/or levied upon damage or trespass arising out of the removal of the equipment. for any reason whatsoever, Rental Center may retake said equipment without 16. LEGAL FEES. in the event an attorney is retained to enforce any provision of this Rental further notice or legal process and use whatever force Is reasonably necessary Agreement, the prevailing party in the dispute shall be entitled to recover reasonable attorney's to do so. Customer hereby agrees to Indemnify, defend and hold Rental Center fees and court costs in such action, or proceeding, in an amount to be determined by the court. harmless from any and all claims and costs arising from such retaking and/Or levy. 0 19. EQUIPMENT PROTECTION PLAN. Eduipansm Protection Plan is Nougat mnce, By equipment are levied upon, Customer shall notify Rental Center Immediately. customer accepting the Equipment Protection Plan on the from of this Rental Agreement and e. RENTAL PERIOD/RATE/PAYMENT. Rental Period is for a maximum of with Immediate notification in the event of any accident and the prompt submission of applicable twenty four (24) hours unless a longer term is specified In the Rental Agreement police reports, Rental Center and Customer agree that Rental Center will waive any claim against Agreed Return Date on the from of this Rental Agreement. Rental rates are based Customer for direct physical damage to the equipment while in use by the Customer, if Customer upon single shift usage (eight hours per day, five days per week). If customer has insurance covering such losr •or damage, the Equipment Protection Plan becomes secondary makes greater use of the equipment, it Is agreed that the additional usage will be and Customer shall exercise all rights available to him under said insurance and take all action charged. Rental charges begin immediately upon equipment leaving Rental Center. necessary to process said claim. Customer further agrees to assign said claim and any and Rental charges end upon return of the equipment to Rental Center in an acceptable all proceeds from such Insurance to Rental Center. Upon request of Rental Center, Customer condition. No allowance will be made for Saturdays, Sundays, Holidays, or time in shall fully cooperate with Rental Center and furnish the name of his insurance agent, insurance transit, nor for any period of lime the equipment may act be In actual use while in company, and complete Information concerning insurance coverage carded. Notwtthstanding the Customer's possession. If the equipment Is returned prior to the end of the minimum foregoing the hiltowing ccciaclitiong_arg notcayflifirgd under the Equipment Protection Plan: rental period, the rental due shall be for the entire minimum rental perm. Rental Center may terminate rental at anytime and retake the equipment without further A. Any item of equipment or part thereof which is not returned for whatever reason, including notice in case of violation by Customer of any terms or conditions of this Rental theft; Agreement. Customer agrees to pay any collection costs and attorney fees Incurred B. Damage resulting from improper use, failure to secure during transportation, overloading or in collection of this account or any dispute arising out of this Rental Agreement. exceeding the rated capacity of the equipment; Customer agrees to pay a monthly service charge on all unpaid balances. Customer C. Damage to motors or other electrical appliances or devices caused by erti9cial current; agrees to pay Rental Center a fee for environmental compliance. 7. ORDINARY WEAR AND TEAR. Customer shall be responsible for all damage D. Damage to tires, tubes and wheels caused by blowout, bruises, cuts and other causes not caused from ordinary wear and tear. "Ordinary wear and tear" shall mean inherent in the use of the equipment; only the normal deterioration of the equipment caused by ordinary, reasonable E Damage as a result of vandalism or malicious mischief or intentional abuse; and proper use of the equipment. Damage which is not 'Ordinary wear and tear" F. Damage resulting from misuse, abuse, failure to maintain, cleanliness, proper oil, fuel, Includes, but is not limited to: damage due to overluming, overloading or exceeding hydraulic, coolant or pressure levels, lack of lubrication or other normal servicing of rated capacities; breakage; Improper use; abuse; lack of cleaning; dirtying of equipment equipment by paint, mud, plaster, concrete, rosin or any other material. G. All damage resulting from overturning; 0. COMPLIANCE WITH LAWS/USE OF EQUIPMENT. Customer agrees not to use or allow anyone to use the equipment for any illegal purpose or in any illegal H. All damage resulting from use of the equipment in violation of any provision of this Rental manner or in an unsafe manner. Customer agrees at his sole cost and expense Agreement. violation of any law, ordinance or regulation. to comply with all municipal, county, state and federal laws, ordinances and 17. NOTICE OF NON-WAIVER/SEVERABILITY. Any failure of Rental Center to insist upon regulations which may apply to the use of the equipment during the rental period, strict performance by Customer as regards any provision of this Rental Agreement shall not Customer further agrees to pay all licenses, fines, fees, permits, or taxes arising be Interpreted as a waiver of Rental Center's right to demand strict compliance with all other from his use of the equipment, including any subsequently determined to be di provisions of this Rental Agreement against Customer or any other person. The provisions of Customer shall not allow any person who is not qualified and who has not this Rental Agreement shall be severable so that the unenforceabllity, invalidity or waiver of any received and understands safety and operating instructions and who does not utilize provision shall not effect any other provision. POS 11.N # 1723981 Ejhjubmmz!tjhofe! DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE cz!Bohjf! 06/14/2022 Bohjf! THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS Bdfwfep! CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED Ebuf;!3133/17/27! REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. Bdfwfep IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. 28;19;67!.18(11( If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Han Shi NAME: FAX PHONE Eversafe Insurance Agency, Inc.(626) 821-4900(626) 821-4907 (A/C, No): (A/C, No, Ext): E-MAIL 10508 Lower Azusa Rdhan.shi@eversafeins.com ADDRESS: Suite 202 INSURER(S) AFFORDING COVERAGENAIC # El MonteCA91731Penn Star Insurance Company INSURER A : INSURED INSURER B : Haz Rental Center LLCOhio Security Insurance Company INSURER C : 8642 Garden Grove Blvd INSURER D : INSURER E : Garden GroveCA92844 INSURER F : COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDLSUBR INSRPOLICY EFFPOLICY EXP TYPE OF INSURANCELIMITS POLICY NUMBER LTR(MM/DD/YYYY)(MM/DD/YYYY) INSDWVD COMMERCIAL GENERAL LIABILITY 1,000,000.00 EACH OCCURRENCE$ DAMAGE TO RENTED 100,000.00 CLAIMS-MADEOCCUR$ PREMISES (Ea occurrence) 5,000.00 MED EXP (Any one person)$ AYYCPV003280302/10/202202/10/20231,000,000.00 PERSONAL & ADV INJURY$ 2,000,000.00 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- 2,000,000.00 POLICYLOCPRODUCTS - COMP/OP AGG$ JECT $ OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY$ (Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNEDSCHEDULED BODILY INJURY (Per accident)$ AUTOS ONLYAUTOS NON-OWNED HIREDPROPERTY DAMAGE $ (Per accident) AUTOS ONLYAUTOS ONLY $ UMBRELLA LIAB EACH OCCURRENCE$ OCCUR EXCESS LIAB CLAIMS-MADEAGGREGATE$ $ DEDRETENTION$ PEROTH- WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N 1,000,000.00 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A CYXWS6261822502/10/202202/10/2023 OFFICER/MEMBER EXCLUDED? 1,000,000.00 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under 1,000,000.00 E.L. DISEASE - POLICY LIMIT$ DESCRIPTION OF OPERATIONS below Limit$240,000 Equipment Floater ACPV003280302/10/202202/10/2023Deductible$1,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Santa Ana Risk Management, its officers, officials, employees, and volunteers are included as additional insureds Waiver of subrogation endorsement included Primary and non-contributory endorsement included CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana Risk Management AUTHORIZED REPRESENTATIVE 20 Civic Center Plaza Santa AnaCA92701 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CPV0032803 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY CG2010 (11/85) ADDITIONAL INSURED, OWNERS,LESSEES OR CONTRACTORS (FORM B) THIS ENDORSEMENT MODIFIESINSURANCE PROVIDEDUNDER THEFOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NameofPersonorOrganization: 20Civic Center Plaza Santa AnaCA92701 The City of Lancasteritselectedofficials, officers, employees and volunteersare included as additional covered parties, but only insofar asthe operations underthis contract are concerned. (Ifno entry appears above,information required to complete thisendorsementwillbeshownin the Declarations as applicableto thisendorsement) WHO ISAN INSURED(SECTIONII)isamended to includedasan insured, the person or organization shown in the schedule, but only with respect to liability arising out of “yourwork” forthatinsured by or foryou. PRIMARY INSURANCE Such Insurance asisafforded by this endorsementfortheadditional insured shall applyas Primary Insurance. Any other insurance maintained by the additional insured or itsofficers and employeesshallbeexcessonly and not contributing with the insurance afforded by this endorsement. CG 2010 11 85 POLICY NUMBER: CPV0032803 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Persona Or Organization: City of Santa Ana Risk Management, its officers, officials, employees, and volunteers The following is added to Paragraph 8. Transfer Of Right Of Recovery Against Others To Us of Section IV- Conditions: We Waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations “your work” done under a contract with that person or organization and included in the products- completed operations hazard”. This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 Insurance Services Office, Inc., 2008 GLOBAL INDEMNITY GROUP, PRIVACY NOTICE We at Global Indemnity Group, Inc., which includes Diamond State Insurance Company, Penn-America Insurance Company, Penn-Patriot Insurance Company, Penn- Star Insurance Company, United National Insurance Company, and our affiliated companies and subsidiaries, are required to protect our customers nonpublic personal financial information. We collect your nonpublic personal financial information from the following sources: Information obtained from you, including information from your application, such as name, address, telephone number, social security number, assets and income. Information about transactions and experiences, such as your premium payment and claims history. Information from a consumer reporting agency, such as your credit history. WE DO NOT DISCLOSE YOUR NONPUBLIC PERSONAL FINANCIAL INFORMATION, EXCEPT AS PERMITTED OR REQUIRED BY LAW. WE RESERVE THE RIGHT, HOWEVER, TO CHANGE THIS POLICY AT ANY TIME. SHOULD THIS POLICY CHANGE, WE WILL GIVE AFFECTED CUSTOMERS AN OPPORTUNITY TO DIRECT THAT THEIR NONPUBLIC PERSONAL FINANCIAL INFORMATION NOT BE DISCLOSED. We maintain electronic, physical and procedural safeguards that comply with Federal regulations to protect your nonpublic personal financial information. We limit access to your nonpublic personal financial information to those employees who need to know that information to perform their job responsibilities. We disclose nonpublic personal financial information of former customers to affiliated and nonaffiliated third parties as permitted by law. Page 1 of 1 NAA-105 (/201) REQUEST FOR ADDITIONAL INFORMATION Fwfstbgf!Jotvsbodf-!Jod/ OPTIONAL RETAIL AGENT NAME RETAIL AGENT PHONE 825.583.9:99 REQUIRED INSUREDS PHONE IAA-10 (08/2019) ® American Reliable Insurance Company ® Diamond State Insurance Company ® Penn-America Insurance Company ® Penn-Patriot Insurance Company ® Penn-Star Insurance Company ® United National Insurance Company Important Notice for Policyholders Regarding Public Health Emergency Global Indemnity Group, which includes our affiliated companies and subsidiaries, understands the challenges facing our policyholders during a public health emergency. A public health emergency is any event that represents immediate threat to human life or health and requires prompt action by way of mitigation measures to protect the health of the public. The event must require action taken by city, county, state or national officials to shut down businesses or alter operations. If an emergency order has been declared, at the request of the Named Insured, Global Indemnity Group may take the following steps to assist policyholders that are active and in good standing, with no cancellations pending, at the time of the public health emergency: Minimum Earned Premium Waived: We may waive the minimum earned premium when the Named Insured requests cancellation of a policy. In such case, the policy will be cancelled on a pro-rata basis and no short rate penalty will be imposed. Premium Audit Exposures: We may opt not to endorse the increased sales, receipts or payroll exposures on the current policy term as a result of a premium audit on the prior policy term. Any amounts due from the audit will be paid pursuant to the terms of the policy. Inspections and Recommendation Compliance Extension: We may give you a 30- day extension from the original date you were required to comply with critical and non- critical recommendations. All other inspection and recommendation compliance requirements remain unchanged. These accommodations are in addition to any required by the Named Insured’s jurisdiction. If there is a conflict between a jurisdictional requirement and an accommodation in this memo, the one most beneficial to the Named Insured will apply. If you have been affected by a public health emergency, we urge you to contact your insurance agent. NAA-238 (02/2021) Page 1 of 2 The Named Insured must provide its insurance agent with a written request for the assistance described above, as well as documentation of the mandates impeding the operations of the business. Any and all accommodations described in this notice are applied at the discretion of the Global Indemnity Group. NAA-238 (02/2021) Page 2 of 2 ® American Reliable Insurance Company ® Diamond State Insurance Company ® Penn-America Insurance Company ® Penn-Star Insurance Company ® Penn-Patriot Insurance Company ® United National Insurance Company CLAIMS REPORTING PROCEDURES Your Global Indemnity team is committed to providinga quality claims service. In the event of a claim or a potential claim, there are three convenient ways to report the claim immediately. Report a Claim Online:www.global-indemnity.com Call:800-788-4780 (available 24/7) Email:claims@global-indemnity.com Where to Send Supporting Documentation Email:claims@global-indemnity.com Fax:610-660-8885 Mail:Global Indemnity Group/Claims P.O. Box 532 Willow Grove, PA 19090 NAA-169 (09/2018)Page 1 of 1 Notice to Policyholders – Loss Control Roof Assessment Global Indemnity Group, which includes Diamond State Insurance Company, Penn-America Insurance Company, Penn-Patriot Insurance Company, Penn-Star Insurance Company, United National Insurance Company and our affiliated companies and subsidiaries, may perform loss control roof assessments at no charge to the policyholders. We use an outside vendor to provide this loss control service. The loss control roof assessment may be completed in addition to any other loss control survey taking place. If any recommendations are made as a result of the loss control roof assessment, you will have a duty to comply. The roof inspection company will contact you to make an appointment for the assessment. It is important that a person specified by you, who can answer roof-related questions regarding the facility, meet with our inspection company on the agreed upon date and time. The roof inspection company will need physical access to the roof areas to complete the assessment. If access to the roof is through a roof portal or set of stairs, please ensure the policyholder contact has a key available to unlock roof access areas. If no access is available through these means, the roof inspection company will provide its own means of roof access (ladders, lifts, etc.). This notice does not guarantee that Global Indemnity Group will conduct a loss control roof assessment during the policy term, but is notification that we may do so at our discretion. NAA-216 (11/2019) Page 1 of 1 IMPORTANTNOTICE: 1. THE INSURANCE POLICY THAT YOU HAVE PURCHASED IS BEING ISSUED BY AN INSURER THAT IS NOT LICENSED BY THE STATE OF CALIFORNIA. THESE COMPANIES ARE CALLED “NONADMITTED” OR “SURPLUS LINE” INSURERS. 2. THE INSURER IS NOT SUBJECT TO THE FINANCIAL SOLVENCY REGULATION AND ENFORCEMENT THAT APPLY TO CALIFORNIA LICENSED INSURERS. 3. THE INSURER DOES NOT PARTICIPATE IN ANY OF THE INSURANCE GUARANTEE FUNDS CREATED BY CALIFORNIA LAW. THEREFORE, THESE FUNDS WILL NOT PAY YOUR CLAIMS OR PROTECT YOUR ASSETS IF THE INSURER BECOMES INSOLVENT AND IS UNABLE TO MAKE PAYMENTS AS PROMISED. 4. THE INSURER SHOULD BE LICENSED EITHER AS A FOREIGN INSURER IN ANOTHER STATE IN THE UNITED STATES OR AS A NON- UNITED STATES (ALIEN) INSURER. YOU SHOULD ASK QUESTIONS OF YOUR INSURANCE AGENT, BROKER, OR “SURPLUS LINE” BROKER OR CONTACT THE CALIFORNIA DEPARTMENT OF INSURANCE AT THE FOLLOWING TOLL-FREE NUMBER, 1-800-927- 4357 OR INTERNET WEB SITE, WWW.INSURANCE.CA.GOV. ASK WHETHER OR NOT THE INSURER IS LICENSED AS A FOREIGN OR NON-UNITED STATES (ALIEN) INSURER AND FOR ADDITIONAL INFORMATION ABOUT THE INSURER. YOU MAY ALSO VISIT THE NAIC’S INTERNET WEB SITE AT WWW.NAIC.ORG. THE NAIC – THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS – IS THE REGULATORY SUPPORT ORGANIZATION CREATED AND GOVERNED BY THE CHIEF INSURANCE REGULATORS IN THE UNITED STATES. D-2 (Effective January 1, 2020) 5. FOREIGN INSURERS SHOULD BE LICENSED BY A STATE IN THE UNITED STATES AND YOU MAY CONTACT THAT STATE’S DEPARTMENT OF INSURANCE TO OBTAIN MORE INFORMATION ABOUT THAT INSURER. YOU CAN FIND A LINK TO EACH STATE FROM THIS NAIC INTERNET WEBSITE: HTTPS://NAIC.ORG/STATE_WEB_MAP.HTM. 6. FOR NON-UNITED STATES (ALIEN) INSURERS, THE INSURER SHOULD BE LICENSED BY A COUNTRY OUTSIDE OF THE UNITED STATES AND SHOULD BE ON THE NAIC’S INTERNATIONAL INSURERS DEPARTMENT (IID) LISTING OF APPROVED NONADMITTED NON-UNITED STATES INSURERS. ASK YOUR AGENT, BROKER, OR “SURPLUS LINE” BROKER TO OBTAIN MORE INFORMATION ABOUT THAT INSURER. 7. CALIFORNIA MAINTAINS A “LIST OF APPROVED SURPLUS LINE INSURERS (LASLI).” ASK YOUR AGENT OR BROKER IF THE INSURER IS ON THAT LIST, OR VIEW THAT LIST AT THE INTERNET WEB SITE OF THE CALIFORNIA DEPARTMENT OF INSURANCE, WWW.INSURANCE.CA.GOV/01-CONSUMERS/120-COMPANY/07- LASLI/LASLI.CFM. 8. IF YOU, AS THE APPLICANT, REQUIRED THAT THE INSURANCE POLICY YOU HAVE PURCHASED BE EFFECTIVE IMMEDIATELY, EITHER BECAUSE EXISTING COVERAGE WAS GOING TO LAPSE WITHIN TWO BUSINESS DAYS OR BECAUSE YOU WERE REQUIRED TO HAVE COVERAGE WITHIN TWO BUSINESS DAYS, AND YOU DID NOT RECEIVE THIS DISCLOSURE FORM AND A REQUEST FOR YOUR SIGNATURE UNTIL AFTER COVERAGE BECAME EFFECTIVE, YOU HAVE THE RIGHT TO CANCEL THIS POLICY WITHIN FIVE DAYS OF RECEIVING THIS DISCLOSURE. IF YOU CANCEL COVERAGE, THE PREMIUM WILL BE PRORATED ANY BROKER’S FEE CHARGED FOR THIS INSURANCE WILL BE RETURNED TO YOU. D-2 (Effective January 1, 2020) Stock Company DQW1152435 .. wĻƓĻǞğƌ ƚŅ bǒƒĬĻƩ 1J29218 wĻǞƩźƷĻ ƚŅ bǒƒĬĻƩ DQW1164694 IB\[!SFOUBM!DFOUFS!MMD NOFLATCANCELLATION 9753!Hbsefo!Hspwf!Cmwe Hbsefo!Hspwf-!DB!!:3955 Gfcsvbsz!21-!3134 Gfcsvbsz!21-!3133 at 12:01 A.M. From To Standard Time at your mailing address shown above. Mjnjufe!Mjbcjmjuz!Dpnqboz QBSUZ!TVQQMJFT!SFOUBM!CVTJOFTT 2-611/11 Commercial General Liability Coverage Part 487/11 Commercial Property Coverage Part OPU!DPWFSFE Commercial Crime Coverage Part 4-8:7/11 Commercial Inland Marine Coverage Part Professional Liability Coverage Part OPU!DPWFSFE OPU!DPWFSFE Liquor Liability Coverage Part OPU!DPWFSFE Commercial Umbrella Coverage Part Owners Contractors Protective Coverage Part OPU!DPWFSFE OPU!DPWFSFE TRIA 6-783/11 Qpmjdz!Gff 336/11 Tvsqmvt!Mjoft!Uby 281/11 Other: 7-178/11 *Omits applicable Forms and Endorsements if shown in specific Coverage Part/Coverage Form Declarations. 1318: BnXJOT!Bddftt!Jotvsbodf!Tfswjdft-!MMD 546!O!Qbdjgjd!Dpbtu!Ixz-!Tuf!311 Sfepoep!Cfbdi-!DB!!:1388 NF1401:03133 COMMERCIAL LINES COMMON POLICY DECLARATIONS SCHEDULE OF FORMS AND ENDORSEMENTS DQW1164694IB\[!SFOUBM!DFOUFS!MMD DPNNPO!QPMJDZ OBB216!!!!!!!!!\\22.2:^!!!!!!!!!!!!!!!!HMPCBM!JOEFNOJUZ!QSJWBDZ!OPUJDF OBB349!!!!!!!!!\\13.32^!!!!!!!!!!!!!!!!JNQPSUBOU!OPUJDF!GPS!QPMJDZIPMEFST!SFHBSEJOH! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!QVCMJD!IFBMUI!FNFSHFODZ OBB27:!!!!!!!!!\\1:.29^!!!!!!!!!!!!!!!!DMBJNT!SFQPSUJOH!QSPDFEVSFT E.3!!!!!!!!!!!!\\12.31^!!!!!!!!!!!!!!!!DB!TVSQMVT!MJOFT!OPUJDF T2211!!!!!!!!!!\\1:.27^!!!!!!!!!!!!!!!!QFOO.BNFSJDB!DPNNPO!QPMJDZ!EFDMBSBUJPOT JM1128!!!!!!!!!\\22.:9^!!!!!!!!!!!!!!!!DPNNPO!QPMJDZ!DPOEJUJPOT JM1132!!!!!!!!!\\1:.19^!!!!!!!!!!!!!!!!OVDMFBS!FOFSHZ!MJBCJMJUZ!FYDMVTJPO! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!FOEPSTFNFOU FBB2::!!!!!!!!!\\13.26^!!!!!!!!!!!!!!!!DB!TFSWJDF!PG!TVJU FBB211!!!!!!!!!\\12.23^!!!!!!!!!!!!!!!!JO!XJUOFTT!DMBVTF FBB257!!!!!!!!!\\23.1:^!!!!!!!!!!!!!!!!UFSSPSJTN!FYDMVTJPO T2114!!!!!!!!!!\\19.:2^!!!!!!!!!!!!!!!!NJOJNVN!FBSOFE!QSFNJVN T3136!!!!!!!!!!\\19.13^!!!!!!!!!!!!!!!!DB!DPNCJOFE!QSPWJTJPOT!FOEU/ JM1114!!!!!!!!!\\1:.19^!!!!!!!!!!!!!!!!DBMDVMBUJPO!PG!QSFNJVN JM1:96!!!!!!!!!\\23.31^!!!!!!!!!!!!!!!!EJTDMPTVSF!QVSTVBOU!UP!UFSSPSJTN!SJTL! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!JOTVSBODF!BDU FQB284:!!!!!!!!\\17.26^!!!!!!!!!!!!!!!!DIBOHFT!.!BDUVBM!DBTI!WBMVF DPNNFSDJBM!HFOFSBM!MJBCJMJUZ T3111!!!!!!!!!!\\17.12^!!!!!!!!!!!!!!!!HM!DPWFSBHF!QBSU!EFDMBSBUJPOT T3112!!!!!!!!!!\\21.24^!!!!!!!!!!!!!!!!TVQQMFNFOUBM!HM!EFD!2 DH1112!!!!!!!!!\\15.24^!!!!!!!!!!!!!!!!DHM!DPWFSBHF!GPSN T3161!!!!!!!!!!\\17.14^!!!!!!!!!!!!!!!!FYDMVTJPO!.!EFTJHOBUFE!QSPEVDUT DH1411!!!!!!!!!\\12.:7^!!!!!!!!!!!!!!!!EFEVDUJCMF!MJBCJMJUZ!JOTVSBODF DH3218!!!!!!!!!\\16.25^!!!!!!!!!!!!!!!!FYDMVTJPO!.!BDDFTT!PS!EJTDMPTVSF!PG! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!DPOGJEFOUJBM!PS!QFSTPOBM!JOGPSNBUJPO!BOE! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!EBUB.SFMBUFE!MJBCJMJUZ!.!MJNJUFE!CPEJMZ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!JOKVSZ!FYDFQUJPO!OPU!JODMVEFE DH321:!!!!!!!!!\\17.26^!!!!!!!!!!!!!!!!FYDMVTJPO!.!VONBOOFE!BJSDSBGU DH3258!!!!!!!!!\\23.18^!!!!!!!!!!!!!!!!FNQMPZNFOU!SFMBUFE!QSBDUJDFT!FYDM DH3266!!!!!!!!!\\1:.::^!!!!!!!!!!!!!!!!UPUBM!QPMMVUJPO!FYDMVTJPO!XJUI!B!IPTUJMF! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!GJSF!FYDFQUJPO DH3243!!!!!!!!!\\16.1:^!!!!!!!!!!!!!!!!DPNNVOJDBCMF!EJTFBTF!FYDMVTJPO DH3278!!!!!!!!!\\23.15^!!!!!!!!!!!!!!!!GVOHJ!PS!CBDUFSJB!FYDMVTJPO DH32:7!!!!!!!!!\\14.16^!!!!!!!!!!!!!!!!TJMJDB!PS!TJMJDB.SFMBUFE!EVTU!FYDMVTJPO DH3537!!!!!!!!!\\15.24^!!!!!!!!!!!!!!!!BNFOENFOU!PG!JOTVSFE!DPOUSBDU!EFGJOJUJPO FQB2742!!!!!!!!\\12.29^!!!!!!!!!!!!!!!!UPUBM!FYDMVTJPO!.!QSPGFTTJPOBM!TFSWJDFT FQB27:2!!!!!!!!\\1:.23^!!!!!!!!!!!!!!!!BOUJ.TUBDLJOH!FOEPSTFNFOU FQB2944!!!!!!!!\\12.29^!!!!!!!!!!!!!!!!OPODPPQFSBUJPO!XJUI!BVEJU FQB2:52!!!!!!!!\\14.2:^!!!!!!!!!!!!!!!!BNVTFNFOUT!PS!BDUJWJUJFT!FYDMVTJPO DH5125!!!!!!!!!\\23.2:^!!!!!!!!!!!!!!!!DBOOBCJT!FYDMVTJPO DPNNFSDJBM!QSPQFSUZ T4111!!!!!!!!!!\\19.1:^!!!!!!!!!!!!!!!!DPNNFSDJBM!QSPQFSUZ!DPWFSBHF!QBSU! Qbhf 2pg3 COMMERCIAL LINES COMMON POLICY DECLARATIONS SCHEDULE OF FORMS AND ENDORSEMENTS DQW1164694IB\[!SFOUBM!DFOUFS!MMD !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!EFDMBSBUJPOT DQ1121!!!!!!!!!\\21.23^!!!!!!!!!!!!!!!!CVJMEJOH!BOE!QFSTPOBM!QSPQFSUZ!DPWFSBHF!GPSN DQ1141!!!!!!!!!\\21.23^!!!!!!!!!!!!!!!!CVTJOFTT!JODPNF!)FYUSB!FYQFOTF*!DPWFSBHF!GPSN DQ11:1!!!!!!!!!\\18.99^!!!!!!!!!!!!!!!!DPNNFSDJBM!QSPQFSUZ!DPOEJUJPOT DQ1251!!!!!!!!!\\18.17^!!!!!!!!!!!!!!!!FYDMVTJPO!PG!MPTT!EVF!UP!WJSVT!PS!CBDUFSJB DQ2141!!!!!!!!!\\1:.28^!!!!!!!!!!!!!!!!DBVTF!PG!MPTT!.!TQFDJBM!GPSN DQ2186!!!!!!!!!\\23.31^!!!!!!!!!!!!!!!!DZCFS!JODJEFOU!FYDMVTJPO DQ2322!!!!!!!!!\\1:.28^!!!!!!!!!!!!!!!!CVSHMBSZ!BOE!SPCCFSZ!QSPUFDUJWF!TBGFHVBSET DQ::14!!!!!!!!!\\23.2:^!!!!!!!!!!!!!!!!DBOOBCJT!FYDMVTJPO T4119!!!!!!!!!!\\14.19^!!!!!!!!!!!!!!!!FRVJQNFOU!CSFBLEPXO!DPWFSBHF FQB2:36!!!!!!!!\\23.29^!!!!!!!!!!!!!!!!TJOLIPMF!DPMMBQTF!FYDMVTJPO JOMBOE!NBSJOF T6111!!!!!!!!!!\\12.25^!!!!!!!!!!!!!!!!DPNN(M!JOMBOE!NBSJOF!DPWH!QBSU!EFDMBSBUJPOT T6114!!!!!!!!!!\\18.:7^!!!!!!!!!!!!!!!!DPNN(M!JOMBOE!NBSJOF!DPOEJUJPO JN1126!!!!!!!!!\\15.26^!!!!!!!!!!!!!!!!NJTDFMMBOFPVT!QSPQFSUZ!GMPBUFS JN1126!.!TVQ!!!\\21.25^!!!!!!!!!!!!!!!!NJTDFMMBOFPVT!QSPQFSUZ!GMPBUFS!TVQQMFNFOU JN1137!!!!!!!!!\\12.11^!!!!!!!!!!!!!!!!MPDLFE!WFIJDMF!DPOEJUJPOBM!FYDMVTJPO FJB286!!!!!!!!!\\21.25^!!!!!!!!!!!!!!!!NVMUJQMF!EFEVDUJCMF!GPSN Qbhf 3pg3 IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A.Cancellationb.Give you reports on the conditions we find; and 1.The first Named Insured shown in the Declara- tions may cancel this policy by mailing or de-c.Recommend changes. livering to us advance written notice of cancel- 2.We are not obligated to make any inspections, lation. surveys, reports or recommendations and any 2.We may cancel this policy by mailing or deliv-such actions we do undertake relate only to in- ering to the first Named Insured written noticesurability and the premiums to be charged. We of cancellation at least:do not make safety inspections. We do not un- dertake to perform the duty of any person or a.10 days before the effective date of cancel- organization to provide for the health or safety lation if we cancel for nonpayment of pre- of workers or the public. And we do not warrant mium; or that conditions: b.30 days before the effective date of cancel- a.Are safe or healthful; or lation if we cancel for any other reason. b.Comply with laws, regulations, codes or 3.We will mail or deliver our notice to the first standards. Named Insured's last mailing address known to us.3.Paragraphs1. and 2. of this condition apply not only to us, but also to any rating, advisory, 4.Notice of cancellation will state the effective rate service or similar organization which date of cancellation. The policy period will end makes insurance inspections, surveys, reports on that date. or recommendations. 5.If this policy is cancelled, we will send the first 4.Paragraph2. of this condition does not apply Named Insured any premium refund due. If we to any inspections, surveys, reports or recom- cancel, the refund will be pro rata. If the first mendations we may make relative to certifica- Named Insured cancels, the refund may be tion, under state or municipal statutes, ordi- less than pro rata. The cancellation will be ef- nances or regulations, of boilers, pressure ves- fective even if we have not made or offered a sels or elevators. refund. E.Premiums 6.If notice is mailed, proof of mailing will be suf- ficient proof of notice.The first Named Insured shown in the Declara- tions: B.Changes 1.Is responsible for the payment of all premiums; This policy contains all the agreements between and you and us concerning the insurance afforded. The first Named Insured shown in the Declara-2.Will be the payee for any return premiums we tions is authorized to make changes in the termspay. of this policy with our consent. This policy's terms F.Transfer Of Your Rights And Duties Under can be amended or waived only by endorsement This Policy issued by us and made a part of this policy. Your rights and duties under this policy may not C.Examination Of Your Books And Records be transferred without our written consent except We may examine and audit your books and rec-in the case of death of an individual named in- ords as they relate to this policy at any time duringsured. the policy period and up to three years afterward. If you die, your rights and duties will be trans- D.Inspections And Surveysferred to your legal representative but only while acting within the scope of duties as your legal rep- 1.We have the right to: resentative. Until your legal representative is ap- a.Make inspections and surveys at any time; pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98Copyright, Insurance Services Office, Inc., 1998Page1 of 1‽‽ IL 00 21 0908 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1.The insurance does not apply: C.Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazard- A.Under any Liability Coverage, to "bodily injury" ous properties" of "nuclear material", if: or "property damage": (1) The "nuclear material" (a) is at any "nuclear (1) With respect to which an "insured" under facility" owned by, or operated by or on be- the policy is also an insured under a nuc- half of, an "insured" or (b) has been dis- lear energy liability policy issued by Nuclear charged or dispersed therefrom; Energy Liability Insurance Association, Mu- tual Atomic Energy Liability Underwriters, (2) The "nuclear material" is contained in Nuclear Insurance Association of Canada "spent fuel" or "waste" at any time pos- or any of their successors, or would be an sessed, handled, used, processed, stored, insured under any such policy but for its transported or disposed of, by or on behalf termination upon exhaustion of its limit of of an "insured"; or liability; or (3) The "bodily injury" or "property damage" (2) Resulting from the "hazardous properties" arises out of the furnishing by an "insured" of "nuclear material" and with respect to of services, materials, parts or equipment in which (a) any person or organization is re-connection with the planning, construction, quired to maintain financial protection pur-maintenance, operation or use of any "nuc- suant to the Atomic Energy Act of 1954, or lear facility", but if such facility is located any law amendatory thereof, or (b) the "in-within the United States of America, its terri- sured" is, or had this policy not been issued tories or possessions or Canada, this ex- would be, entitled to indemnity from the clusion (3) applies only to "property dam- United States of America, or any agency age" to such "nuclear facility" and any thereof, under any agreement entered into property thereat. by the United States of America, or any 2.As used in this endorsement: agency thereof, with any person or organi- "Hazardous properties" includes radioactive, toxic zation. or explosive properties. B.Under any Medical Payments coverage, to "Nuclear material" means "source material", "spe- expenses incurred with respect to "bodily in- cial nuclear material" or "by-product material". jury" resulting from the "hazardous properties" of "nuclear material" and arising out of the op- eration of a "nuclear facility" by any person or organization. IL 00 21 09 08© ISO Properties, Inc., 2007 Page 1of2 "Source material", "special nuclear material", and (c) Any equipment or device used for the "by-product material" have the meanings given processing, fabricating or alloying of "spe- them in the Atomic Energy Act of 1954 or in any cial nuclear material" if at any time the total law amendatory thereof. amount of such material in the custody of the "insured" at the premises where such "Spent fuel" means any fuel element or fuel com- equipment or device is located consists of ponent, solid or liquid, which has been used or ex- or contains more than 25 grams of pluto- posed to radiation in a "nuclear reactor". nium or uranium 233 or any combination "Waste" means any waste material (a) containing thereof, or more than 250 grams of uranium "by-product material" other than the tailings or 235; wastes produced by the extraction or concentra- (d)Any structure, basin, excavation, premises tion of uranium or thorium from any ore processed or place prepared or used for the storage or primarily for its "source material" content, and (b) disposal of "waste"; resulting from the operation by any person or or- ganization of any "nuclear facility" included under and includes the site on which any of the foregoing the first two paragraphs of the definition of "nuc-is located, all operations conducted on such site lear facility". and all premises used for such operations. "Nuclear facility" means: "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self- (a) Any "nuclear reactor"; supporting chain reaction or to contain a critical (b)Any equipment or device designed or used mass of fissionable material. for (1) separating the isotopes of uranium or "Property damage" includes all forms of radioac- plutonium, (2) processing or utilizing "spent tive contamination of property. fuel", or (3) handling, processing or packag- ing "waste"; Page2of2© ISO Properties, Inc., 2007 IL 00 21 0908 Qfoo.Tubs!Jotvsbodf!Dpnqboz In Witness Clause In Witness Whereof, we have caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless countersigned by our authorized representative. SecretaryExecutive Vice President EAA-100(01/2012)Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TERRORISM EXCLUSION This endorsement modifies insurance provided under the following: ALL PARTS OF THE POLICY Notwithstanding any other provision of this policy to the contrary, this insurance does not apply to any loss, cost, expense, damage, injury or economic detriment, whether arising by contract, operation of law or otherwise whether or not concurrent or in any sequence with any other cause or event, that in any way, form or manner, directly or alleged or threatened, by any person, persons, group, private or governmental entity or entities, or any other type of organization of any nature whatsoever, whether the identity of which is known or unknown, that appears to be for political, religious, racial, ethnic, ideological, ecological or social purposes, objectives or motives and that causes or appears to be intended to cause: 1. alarm, fright, fear of danger, concern or apprehension for public safety; 2. the interference or disruption of an electronic, communication, information or mechanical system; 3. the intimidation or coercion of the civilian population, or any governmental body; or 4. the alteration of the policies, foreign or domestic of any governmental body, This exclusion does not affect the applicability of, and is in addition to, any exclusion of war, warlike or military action, whether or not specifically denominated as such. EAA-146 (12/2009) Page 1 of 1 Stock Company COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS DQW1164694 POLICYNUMBER: IB\[!SFOUBM!DFOUFS!MMD NAMED INSURED: LIMITS OFINSURANCE - INSURANCE APPLIES ONLY FOR COVERAGE FOR WHICH A LIMIT OF INSURANCE ISSHOWN. 3-111-111 Jodmvefe + 2-111-111 2-111-111 211-111 6-111 LOCATIONS 9753!Hbsefo!Hspwf!CmweHbsefo!HspwfDB:3955 2 2 PREMIUM BASIS RATESADVANCE PREMIUM Code / Exposure CLASS ** 861/11 Jodmvefe Cmeh2 t*Jodm5/1:5 227833 271-111 njo!qsfnnjo!qsfn Sfoubm!Tupsft +PRODUCTS-COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT Jodmvefe 3 Cmeh 27833t*271-111Jodm5/1:5861/11 2 njo!qsfn njo!qsfn Sfoubm!Tupsft +PRODUCTS-COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT NJO!QSFN 2-611/11 TOTAL: $ Policy may beAUDITABLE SPECIFIC GENERAL LIABILITY FORMS/ENDORSEMENTS Bt!qfs!T2118!\\23.11^ This page alone does not provide coverage and must be attached to a Commercial Lines Common Policy Declarations Common Policy Conditions, Coverage Part Coverage Form(s) and any other applicable forms and endorsements. Stoc k Company COM M ERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEM ENTAL DECLARATIONS DQW1164694 POLICY NUMBER: IB\[!SFOUBM!DFOUFS!MMD NAMED INSURED: NO. LOCATIONS of all premises you Own, Rent, or Occupy 32 24142!Ofxmboe!Tu-!Hbsefo!Hspwf-!DB!:3955 CLASS PREMIUM BASIS. RATES ADVANCE PREMIUM NO. Code / ExposureProd/ CO All Other Prod/ CO All Other Tff!Gpsn!T3111 Total Premium This Page $ gps!Upubm!Qsfnjvn Ac c umulative Total $ (s) gross sales - per $1000 (c) total cost - per $1000 (m ) adm issions - per 1000 (e) each (p) payroll - per $1000 (a) area - per 1000 sq. ft. (u) units Polic y may be AUDITABLE SPECIFIC GENERAL LIABILITY FORMS/ ENDORSEMENTS This page alone does not provide c overage and must be attac hed to a Commerc ial Lines Common Polic y Dec larations Common Polic y Conditions, Coverage Part Coverage Form(s) and any other applic able forms and endorsements. S2001 (10/ 2013) Qbhfpg3 3 COMMERCIAL GENERAL LIABILITY CG 00 01 04 13 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. (2) The "bodily injury" or "property damage" Read the entire policy carefully to determine rights, occurs during the policy period; and duties and what is and is not covered. (3) Prior to the policy period, no insured listed Throughout this policy the words "you" and "your" under Paragraph 1. of Section II – Who Is refer to the Named Insured shown in the Declarations, An Insured and no "employee" authorized and any other person or organization qualifying as a by you to give or receive notice of an Named Insured under this policy. The words "we", "occurrence" or claim, knew that the "bodily "us" and "our" refer to the company providing this injury" or "property damage" had occurred, insurance. in whole or in part. If such a listed insured or authorized "employee" knew, prior to the The word "insured" means any person or organization policy period, that the "bodily injury" or qualifying as such under Section II – Who Is An "property damage" occurred, then any Insured. continuation, change or resumption of such Other words and phrases that appear in quotation "bodily injury" or "property damage" during marks have special meaning. Refer to Section V – or after the policy period will be deemed to Definitions. have been known prior to the policy period. SECTION I – COVERAGES c. "Bodily injury" or "property damage" which occurs during the policy period and was not, COVERAGE A – BODILY INJURY AND PROPERTY prior to the policy period, known to have DAMAGE LIABILITY occurred by any insured listed under 1. Insuring Agreement Paragraph 1. of Section II – Who Is An Insured a. We will pay those sums that the insured or any "employee" authorized by you to give or becomes legally obligated to pay as damages receive notice of an "occurrence" or claim, because of "bodily injury" or "property damage" includes any continuation, change or to which this insurance applies. We will have resumption of that "bodily injury" or "property the right and duty to defend the insured against damage" after the end of the policy period. any "suit" seeking those damages. However, d. "Bodily injury" or "property damage" will be we will have no duty to defend the insured deemed to have been known to have occurred against any "suit" seeking damages for "bodily at the earliest time when any insured listed injury" or "property damage" to which this under Paragraph 1. of Section II – Who Is An insurance does not apply. We may, at our Insured or any "employee" authorized by you to discretion, investigate any "occurrence" and give or receive notice of an "occurrence" or settle any claim or "suit" that may result. But: claim: (1) The amount we will pay for damages is (1) Reports all, or any part, of the "bodily injury" limited as described in Section III – Limits or "property damage" to us or any other Of Insurance; and insurer; (2) Our right and duty to defend ends when we (2) Receives a written or verbal demand or have used up the applicable limit of claim for damages because of the "bodily insurance in the payment of judgments or injury" or "property damage"; or settlements under Coverages A or B or (3) Becomes aware by any other means that medical expenses under Coverage C. "bodily injury" or "property damage" has No other obligation or liability to pay sums or occurred or has begun to occur. perform acts or services is covered unless e. Damages because of "bodily injury" include explicitly provided for under Supplementary damages claimed by any person or Payments – Coverages A and B. organization for care, loss of services or death b. This insurance applies to "bodily injury" and resulting at any time from the "bodily injury". "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; CG 00 01 04 13 © Insurance Services Office, Inc.,2012 Page 1of 16 2. Exclusions This exclusion applies even if the claims against any insured allege negligence or other This insurance does not apply to: wrongdoing in: a. Expected Or Intended Injury (a) Thesupervision, hiring, employment, "Bodily injury" or "property damage" expected training or monitoring of others by that or intended from the standpoint of the insured. insured; or This exclusion does not apply to "bodily injury" (b) Providing or failing to provide resulting from the use of reasonable force to transportation with respect to any protect persons or property. person that may be under the influence b. Contractual Liability of alcohol; "Bodily injury" or "property damage" for which if the "occurrence" which caused the "bodily the insured is obligated to pay damages by injury" or "property damage", involved that reason of the assumption of liability in a which is described in Paragraph (1), (2) or (3) contract or agreement. This exclusion does not above. apply to liability for damages: However, this exclusion applies only if you are (1) That the insured would have in the absence in the business of manufacturing, distributing, of the contract or agreement; or selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, (2) Assumed in a contract or agreement that is permitting a person to bring alcoholic an "insured contract", provided the "bodily beverages on your premises, for consumption injury" or "property damage" occurs on your premises, whether or not a fee is subsequent to the execution of the contract charged or a license is required for such or agreement. Solely for the purposes of activity, is not by itself considered the business liability assumed in an "insured contract", of selling, serving or furnishing alcoholic reasonable attorneys' fees and necessary beverages. litigation expenses incurred by or for a party other than an insured are deemed to be d. Workers' Compensation And Similar Laws damages because of "bodily injury" or Any obligation of the insured under a workers' "property damage", provided: compensation, disability benefits or (a) Liability to such party for, or for the cost unemployment compensation law or any of, that party's defense has also been similar law. assumed in the same "insured contract"; e. Employer's Liability and "Bodily injury" to: (b) Such attorneys' fees and litigation expenses are for defense of that party (1) An "employee" of the insured arising out of against a civil or alternative dispute and in the course of: resolution proceeding in which damages (a) Employment by the insured; or to which this insurance applies are (b) Performing duties related to the conduct alleged. of the insured's business; or c. Liquor Liability (2) The spouse, child, parent, brother or sister "Bodily injury" or "property damage" for which of that "employee" as a consequence of any insured may be held liable by reason of: Paragraph (1) above. (1) Causing or contributing to the intoxication of clusion applies whether the insured This ex any person; may be liable as an employer or in any other (2) The furnishing of alcoholic beverages to a capacity and to any obligation to share person under the legal drinking age or damages with or repay someone else who under the influence of alcohol; or must pay damages because of the injury. This exclusion does not apply to liability (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of assumed by the insured under an "insured alcoholic beverages. contract". Page 2 of 16 © Insurance Services Office, Inc.,2012 CG 00 01 04 13 f. Pollution (d) At or from any premises, site or location on which any insured or any contractors (1) "Bodily injury" or "property damage" arising or subcontractors working directly or out of the actual, alleged or threatened indirectly on any insured's behalf are discharge, dispersal, seepage, migration, performing operations if the "pollutants" release or escape of "pollutants": are brought on or to the premises, site (a) At or from any premises, site or location or location in connection with such which is or was at any time owned or operations by such insured, contractor occupied by, or rented or loaned to, any or subcontractor. However, this insured. However, this subparagraph subparagraph does not apply to: does not apply to: (i) "Bodily injury" or "property damage" (i) "Bodily injury" if sustained within a arising out of the escape of fuels, building and caused by smoke, lubricants or other operating fluids fumes, vapor or soot produced by or which are needed to perform the originating from equipment that is normal electrical, hydraulic or used to heat, cool or dehumidify the mechanical functions necessary for building, or equipment that is used to the operation of "mobile equipment" heat water for personal use, by the or its parts, if such fuels, lubricants building's occupants or their guests; or other operating fluids escape from a vehicle part designed to hold, store (ii) "Bodilyinjury" or "property damage" or receive them. This exception does for which you may be held liable, if not apply if the "bodily injury" or you are a contractor and the owner "property damage" arises out of the or lessee of such premises, site or intentional discharge, dispersal or location has been added to your release of the fuels, lubricants or policy as an additional insured with other operating fluids, or if such respect to your ongoing operations fuels, lubricants or other operating performed for that additional insured fluids are brought on or to the at that premises, site or location and premises, site or location with the such premises, site or location is not intent that they be discharged, and never was owned or occupied dispersed or released as part of the by, or rented or loaned to, any operations being performed by such insured, other than that additional insured, contractor or subcontractor; insured; or (ii) "Bodily injury" or "property damage" (iii) "Bodily injury" or "property damage" sustained within a building and arising out of heat, smoke or fumes caused by the release of gases, from a "hostile fire"; fumes or vapors from materials (b) At or from any premises, site or location brought into that building in which is or was at any time used by or connection with operations being for any insured or others for the performed by you or on your behalf handling, storage, disposal, processing by a contractor or subcontractor; or or treatment of waste; (iii) "Bodily injury" or "property damage" (c) Which are or were at any time arising out of heat, smoke or fumes transported, handled, stored, treated, from a "hostile fire". disposed of, or processed as waste by (e) At or from any premises, site or location or for: on which any insured or any contractors (i) Any insured; or or subcontractors working directly or (ii) Any person or organization for whom indirectly on any insured's behalf are you may be legally responsible; or performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". CG 00 01 04 13 © Insurance Services Office, Inc.,2012 Page 3of 16 (2) Any loss, cost or expense arising out of (5) "Bodily injury" or "property damage" arising any: out of: (a) Request, demand, order or statutory or (a) The operation of machinery or regulatory requirement that any insured equipment that is attached to, or part of, or others test for, monitor, clean up, a land vehicle that would qualify under remove, contain, treat, detoxify or the definition of "mobile equipment" if it neutralize, or in any way respond to, or were not subject to a compulsory or assess the effects of, "pollutants"; or financial responsibility law or other motor vehicle insurance law where it is (b) Claim or suit by or on behalf of a licensed or principally garaged; or governmental authority for damages because of testing for, monitoring, (b) The operation of any of the machinery cleaning up, removing, containing, or equipment listed in Paragraph f.(2) or treating, detoxifying or neutralizing, or in f.(3) of the definition of "mobile any way responding to, or assessing the equipment". effects of, "pollutants". h. Mobile Equipment However, this paragraph does not apply to "Bodily injury" or "property damage" arising out liability for damages because of "property of: damage" that the insured would have in the (1) The transportation of "mobile equipment" by absence of such request, demand, order or an "auto" owned or operated by or rented or statutory or regulatory requirement, or such loaned to any insured; or claim or "suit" by or on behalf of a governmental authority. (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, g. Aircraft, Auto Or Watercraft any prearranged racing, speed, demolition, "Bodily injury" or "property damage" arising out or stunting activity. of the ownership, maintenance, use or i. War entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or "Bodily injury" or "property damage", however loaned to any insured. Use includes operation caused, arising, directly or indirectly, out of: and "loading or unloading". (1) War, including undeclared or civil war; This exclusion applies even if the claims (2) Warlike action by a military force, including against any insured allege negligence or other action in hindering or defending against an wrongdoing in the supervision, hiring, actual or expected attack, by any employment, training or monitoring of others by government, sovereign or other authority that insured, if the "occurrence" which caused using military personnel or other agents; or the "bodily injury" or "property damage" (3) Insurrection, rebellion, revolution, usurped involved the ownership, maintenance, use or power, or action taken by governmental entrustment to others of any aircraft, "auto" or authority in hindering or defending against watercraft that is owned or operated by or any of these. rented or loaned to any insured. j. Damage To Property This exclusion does not apply to: "Property damage" to: (1) A watercraft while ashore on premises you own or rent; (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or (2) A watercraft you do not own that is: any other person, organization or entity, for (a) Less than 26 feet long; and repair, replacement, enhancement, (b) Not being used to carry persons or restoration or maintenance of such property property for a charge; for any reason, including prevention of injury to a person or damage to another's (3) Parking an "auto" on, or on the ways next property; to, premises you own or rent, provided the "auto" is not owned by or rented or loaned (2) Premises you sell, give away or abandon, if to you or the insured; the "property damage" arises out of any part of those premises; (4) Liability assumed under any "insured contract" for the ownership, maintenance or (3) Property loaned to you; use of aircraft or watercraft; or Page 4 of 16 © Insurance Services Office, Inc.,2012 CG 00 01 04 13 (4) Personal property in the care, custody or This exclusion does not apply to the loss of use control of the insured; of other property arising out of sudden and accidental physical injury to "your product" or (5) That particular part of real property on "your work" after it has been put to its intended which you or any contractors or use. subcontractors working directly or indirectly on your behalf are performing operations, if n. Recall Of Products, Work Or Impaired the "property damage" arises out of those Property operations; or Damages claimed for any loss, cost or (6) That particular part of any property that expense incurred by you or others for the loss must be restored, repaired or replaced of use, withdrawal, recall, inspection, repair, because "your work" was incorrectly replacement, adjustment, removal or disposal performed on it. of: Paragraphs (1), (3) and (4) of this exclusion do (1) "Your product"; not apply to "property damage" (other than (2) "Your work"; or damage by fire) to premises, including the (3) "Impaired property"; contents of such premises, rented to you for a period of seven or fewer consecutive days. A if such product, work, or property is withdrawn separate limit of insurance applies to Damage or recalled from the market or from use by any To Premises Rented To You as described in person or organization because of a known or Section III – Limits Of Insurance. suspected defect, deficiency, inadequacy or dangerous condition in it. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never o. Personal And Advertising Injury occupied, rented or held for rental by you. "Bodily injury" arising out of "personal and Paragraphs (3), (4), (5) and (6) of this advertising injury". exclusion do not apply to liability assumed p. Electronic Data under a sidetrack agreement. Damages arising out of the loss of, loss of use Paragraph (6) of this exclusion does not apply of, damage to, corruption of, inability to access, to "property damage" included in the "products- or inability to manipulate electronic data. completed operations hazard". However, this exclusion does not apply to k. Damage To Your Product liability for damages because of "bodily injury". "Property damage" to "your product" arising out As used in this exclusion, electronic data of it or any part of it. means information, facts or programs stored as l. Damage To Your Work or on, created or used on, or transmitted to or from computer software, including systems and "Property damage" to "your work" arising out of applications software, hard or floppy disks, CD- it or any part of it and included in the "products- ROMs, tapes, drives, cells, data processing completed operations hazard". devices or any other media which are used This exclusion does not apply if the damaged with electronically controlled equipment. work or the work out of which the damage q. Recording And Distribution Of Material Or arises was performed on your behalf by a Information In Violation Of Law subcontractor. "Bodily injury" or "property damage" arising m. Damage To Impaired Property Or Property directly or indirectly out of any action or Not Physically Injured omission that violates or is alleged to violate: "Property damage" to "impaired property" or (1) The Telephone Consumer Protection Act property that has not been physically injured, (TCPA), including any amendment of or arising out of: addition to such law; (1) A defect, deficiency, inadequacy or (2) The CAN-SPAM Act of 2003, including any dangerous condition in "your product" or amendment of or addition to such law; "your work"; or (3) The Fair Credit Reporting Act (FCRA), and (2) A delay or failure by you or anyone acting any amendment of or addition to such law, on your behalf to perform a contract or including the Fair and AccurateCredit agreement in accordance with its terms. Transactions Act (FACTA); or CG 00 01 04 13 © Insurance Services Office, Inc.,2012 Page 5of 16 (4) Any federal, state or local statute, 2. Exclusions ordinance or regulation, other than the This insurance does not apply to: TCPA, CAN-SPAM Act of 2003 or FCRA a. Knowing Violation Of Rights Of Another and their amendments and additions, that addresses, prohibits, or limits the printing, "Personal and advertising injury" caused by or dissemination, disposal, collecting, at the direction of the insured with the recording, sending, transmitting, knowledge that the act would violate the rights communicating or distribution of material or of another and would inflict "personal and information. advertising injury". Exclusions c. through n. do not apply to damage b. Material Published With Knowledge Of by fire to premises while rented to you or Falsity temporarily occupied by you with permission of the "Personal and advertising injury" arising out of owner. A separate limit of insurance applies to this oral or written publication, in any manner, of coverage as described in Section III – Limits Of material, if done by or at the direction of the Insurance. insured with knowledge of its falsity. COVERAGE B – PERSONAL AND ADVERTISING c. Material Published Prior To Policy Period INJURY LIABILITY "Personal and advertising injury" arising out of 1. Insuring Agreement oral or written publication, in any manner, of a. We will pay those sums that the insured material whose first publication took place becomes legally obligated to pay as damages before the beginning of the policy period. because of "personal and advertising injury" to d. Criminal Acts which this insurance applies. We will have the "Personal and advertising injury" arising out of right and duty to defend the insured against a criminal act committed by or at the direction any "suit" seeking those damages. However, of the insured. we will have no duty to defend the insured against any "suit" seeking damages for e. Contractual Liability "personal and advertising injury" to which this "Personal and advertising injury" for which the insurance does not apply. We may, at our insured has assumed liability in a contract or discretion, investigate any offense and settle agreement. This exclusion does not apply to any claim or "suit" that may result. But: liability for damages that the insured would (1) The amount we will pay for damages is have in the absence of the contract or limited as described in Section III – Limits agreement. Of Insurance; and f. Breach Of Contract (2) Our right and duty to defend end when we "Personal and advertising injury" arising out of have used up the applicable limit of a breach of contract, except an implied insurance in the payment of judgments or contract to use another's advertising idea in settlements under Coverages A or B or your "advertisement". medical expenses under Coverage C. g. Quality Or Performance Of Goods – Failure No other obligation or liability to pay sums or To Conform To Statements perform acts or services is covered unless "Personal and advertising injury" arising out of explicitly provided for under Supplementary the failure of goods, products or services to Payments – Coverages A and B. conform with any statement of quality or b. This insurance applies to "personal and performance made in your "advertisement". advertising injury" caused by an offense arising h. Wrong Description Of Prices out of your business but only if the offense was committed in the "coverage territory" during the "Personal and advertising injury" arising out of policy period. the wrong description of the price of goods, products or services stated in your "advertisement". Page 6 of 16 © Insurance Services Office, Inc.,2012 CG 00 01 04 13 i. Infringement Of Copyright, Patent, n. Pollution-related Trademark Or Trade Secret Any loss, cost or expense arising out of any: "Personal and advertising injury" arising out of (1) Request, demand, order or statutory or the infringement of copyright, patent, regulatory requirement that any insured or trademark, trade secret or other intellectual others test for, monitor, clean up, remove, property rights. Under this exclusion, such contain, treat, detoxify or neutralize, or in other intellectual property rights do not include any way respond to, or assess the effects the use of another's advertising idea in your of, "pollutants"; or "advertisement". (2) Claim or suit by or on behalf of a However, this exclusion does not apply to governmental authority for damages infringement, in your "advertisement", of because of testing for, monitoring, cleaning copyright, trade dress or slogan. up, removing, containing, treating, j. Insureds In Media And Internet Type detoxifying or neutralizing, or in any way Businesses responding to, or assessing the effects of, "pollutants". "Personal and advertising injury" committed by an insured whose business is: o. War (1) Advertising, broadcasting, publishing or "Personal and advertising injury", however telecasting; caused, arising, directly or indirectly, out of: (2) Designing or determining content of web (1) War, including undeclared or civil war; sites for others; or (2) Warlike action by a military force, including (3) An Internet search, access, content or action in hindering or defending against an service provider. actual or expected attack, by any government, sovereign or other authority However, this exclusion does not apply to using military personnel or other agents; or Paragraphs 14.a., b. and c. of "personal and advertising injury" under the Definitions (3) Insurrection, rebellion, revolution, usurped section. power, or action taken by governmental authority in hindering or defending against For the purposes of this exclusion, the placing any of these. of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not p. Recording And Distribution Of Material Or by itself, considered the business of Information In Violation Of Law advertising, broadcasting, publishing or "Personal and advertising injury" arising telecasting. directly or indirectly out of any action or k. Electronic Chatrooms Or Bulletin Boards omission that violates or is alleged to violate: "Personal and advertising injury" arising out of (1) The Telephone Consumer Protection Act an electronic chatroom or bulletin board the (TCPA), including any amendment of or insured hosts, owns, or over which the insured addition to such law; exercises control. The CAN-SPAM Act of 2003, including any (2) l. Unauthorized Use Of Another's Name Or amendment of or addition to such law; Product (3) The Fair Credit Reporting Act (FCRA), and "Personal and advertising injury" arising out of any amendment of or addition to such law, including the Fair and Accurate Credit the unauthorized use of another's name or Transactions Act (FACTA); or product in your e-mail address, domain name or metatag, or any other similar tactics to (4) Any federal, state or local statute, mislead another's potential customers. ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA m. Pollution and their amendments and additions, that "Personal and advertising injury" arising out of addresses, prohibits, or limits the printing, the actual, alleged or threatened discharge, dissemination, disposal, collecting, dispersal, seepage, migration, release or recording, sending, transmitting, escape of "pollutants" at any time. communicating or distribution of material or information. CG 00 01 04 13 © Insurance Services Office, Inc.,2012 Page 7of 16 COVERAGE C – MEDICAL PAYMENTS d. Workers' Compensation And Similar Laws 1. Insuring Agreement To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" a. We will pay medical expenses as described are payable or must be provided under a below for "bodily injury" caused by an accident: workers' compensation or disability benefits (1) On premises you own or rent; law or a similar law. (2) On ways next to premises you own or rent; e. Athletics Activities or To a person injured while practicing, instructing (3) Because of your operations; or participating in any physical exercises or games, sports, or athletic contests. provided that: f. Products-Completed Operations Hazard (a) The accident takes place in the "coverage territory" and during the policy Included within the "products-completed period; operations hazard". (b) The expenses are incurred and reported g. Coverage A Exclusions to us within one year of the date of the Excluded under Coverage A. accident; and SUPPLEMENTARY PAYMENTS – COVERAGES A (c) The injured person submits to AND B examination, at our expense, by physicians of our choice as often as we 1. We will pay, with respect to any claim we reasonably require. investigate or settle, or any "suit" against an insured we defend: b. We will make these payments regardless of fault. These payments will not exceed the a. All expenses we incur. applicable limit of insurance. We will pay b. Up to $250 for cost of bail bonds required reasonable expenses for: because of accidents or traffic law violations (1) First aid administered at the time of an arising out of the use of any vehicle to which accident; the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. (2) Necessary medical, surgical, X-ray and dental services, including prosthetic c. The cost of bonds to release attachments, but devices; and only for bond amounts within the applicable limit of insurance. We do not have to furnish (3) Necessary ambulance, hospital, these bonds. professional nursing and funeral services. d. All reasonable expenses incurred by the 2. Exclusions insured at our request to assist us in the We will not pay expenses for "bodily injury": investigation or defense of the claim or "suit", including actual loss of earnings up to $250 a a. Any Insured day because of time off from work. To any insured, except "volunteer workers". e. All court costs taxed against the insured in the b. Hired Person "suit". However, these payments do not include To a person hired to do work for or on behalf of attorneys' fees or attorneys' expenses taxed any insured or a tenant of any insured. against the insured. c. Injury On Normally Occupied Premises f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If To a person injured on that part of premises we make an offer to pay the applicable limit of you own or rent that the person normally insurance, we will not pay any prejudgment occupies. interest based on that period of time after the offer. Page 8 of 16 © Insurance Services Office, Inc.,2012 CG 00 01 04 13 g. All interest on the full amount of any judgment So long as the above conditions are met, that accrues after entry of the judgment and attorneys' fees incurred by us in the defense of before we have paid, offered to pay, or that indemnitee, necessary litigation expenses deposited in court the part of the judgment that incurred by us and necessary litigation expenses is within the applicable limit of insurance. incurred by the indemnitee at our request will be paid as Supplementary Payments. These payments will not reduce the limits of Notwithstanding the provisions of Paragraph insurance. 2.b.(2) of Section I – Coverage A – Bodily Injury 2. If we defend an insured against a "suit" and an And Property Damage Liability, such payments will indemnitee of the insured is also named as a party not be deemed to be damages for "bodily injury" to the "suit", we will defend that indemnitee if all of and "property damage" and will not reduce the the following conditions are met: limits of insurance. a. The "suit" against the indemnitee seeks Our obligation to defend an insured's indemnitee damages for which the insured has assumed and to pay for attorneys' fees and necessary the liability of the indemnitee in a contract or litigation expenses as Supplementary Payments agreement that is an "insured contract"; ends when we have used up the applicable limit of insurance in the payment of judgments or b. This insurance applies to such liability settlements or the conditions set forth above, or assumed by the insured; the terms of the agreement described in c. The obligation to defend, or the cost of the Paragraph f. above, are no longer met. defense of, that indemnitee, has also been SECTION II – WHO IS AN INSURED assumed by the insured in the same "insured contract"; 1. If you are designated in the Declarations as: d. The allegations in the "suit" and the information a. An individual, you and your spouse are we know about the "occurrence" are such that insureds, but only with respect to the conduct no conflict appears to exist between the of a business of which you are the sole owner. interests of the insured and the interests of the b. A partnership or joint venture, you are an indemnitee; insured. Your members, your partners, and e. The indemnitee and the insured ask us to their spouses are also insureds, but only with conduct and control the defense of that respect to the conduct of your business. indemnitee against such "suit" and agree that c. A limited liability company, you are an insured. we can assign the same counsel to defend the Your members are also insureds, but only with insured and the indemnitee; and respect to the conduct of your business. Your f. The indemnitee: managers are insureds, but only with respect to their duties as your managers. (1) Agrees in writing to: d. An organization other than a partnership, joint (a) Cooperate with us in the investigation, venture or limited liability company, you are an settlement or defense of the "suit"; insured. Your "executive officers" and directors (b) Immediately send us copies of any are insureds, but only with respect to their demands, notices, summonses or legal duties as your officers or directors. Your papers received in connection with the stockholders are also insureds, but only with "suit"; respect to their liability as stockholders. (c) Notify any other insurer whose coverage e. A trust, you are an insured. Your trustees are is available to the indemnitee; and also insureds, but only with respect to their (d) Cooperate with us with respect to duties as trustees. coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". CG 00 01 04 13 © Insurance Services Office, Inc.,2012 Page 9of 16 2. Each of the following is also an insured: c. Any person or organization having proper temporary custody of your property if you die, a. Your "volunteer workers" only while performing but only: duties related to the conduct of your business, or your "employees", other than either your (1) With respect to liability arising out of the "executive officers" (if you are an organization maintenance or use of that property; and other than a partnership, joint venture or limited (2) Until your legal representative has been liability company) or your managers (if you are appointed. a limited liability company), but only for acts d. Your legal representative if you die, but only within the scope of their employment by you or with respect to duties as such. That while performing duties related to the conduct representative will have all your rights and of your business. However, none of these duties under this Coverage Part. "employees" or "volunteer workers" are insureds for: 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability (1) "Bodily injury" or "personal and advertising company, and over which you maintain ownership injury": or majority interest, will qualify as a Named (a) To you, to your partners or members (if Insured if there is no other similar insurance you are a partnership or joint venture), available to that organization. However: to your members (if you are a limited a. Coverage under this provision is afforded only liability company), to a co-"employee" until the 90th day after you acquire or form the while in the course of his or her organization or the end of the policy period, employment or performing duties related whichever is earlier; to the conduct of your business, or to your other "volunteer workers" while b. Coverage A does not apply to "bodily injury" or performing duties related to the conduct "property damage" that occurred before you of your business; acquired or formed the organization; and (b) To the spouse, child, parent, brother or c. Coverage B does not apply to "personal and sister of that co-"employee" or advertising injury" arising out of an offense "volunteer worker" as a consequence of committed before you acquired or formed the Paragraph (1)(a) above; organization. (c) For which there is any obligation to No person or organization is an insured with respect share damages with or repay someone to the conduct of any current or past partnership, joint else who must pay damages because of venture or limited liability company that is not shown the injury described in Paragraph (1)(a) as a Named Insured in the Declarations. or (b) above; or SECTION III – LIMITS OF INSURANCE (d) Arising out of his or her providing or Insurance shown in the Declarations 1. The Limits of failing to provide professional health and the rules below fix the most we will pay care services. regardless of the number of: (2) "Property damage" to property: a. Insureds; (a) Owned, occupied or used by; b. Claims made or "suits" brought; or (b) Rented to, in the care, custody or c. Persons or organizations making claims or control of, or over which physical control bringing "suits". is being exercised for any purpose by; 2. The General Aggregate Limit is the most we will you, any of your "employees", "volunteer pay for the sum of: workers", any partner or member (if you are a. Medical expenses under Coverage C; a partnership or joint venture), or any member (if you are a limited liability b. Damages under Coverage A, except damages company). because of "bodily injury" or "property damage" included in the "products-completed operations b. Any person (other than your "employee" or hazard"; and "volunteer worker"), or any organization while acting as your real estate manager. c. Damages under Coverage B. Page 10 of 16 © Insurance Services Office, Inc.,2012 CG 00 01 04 13 3. The Products-Completed Operations Aggregate (3) The nature and location of any injury or Limit is the most we will pay under Coverage A for damage arising out of the "occurrence" or damages because of "bodily injury" and "property offense. damage" included in the "products-completed b. If a claim is made or "suit" is brought against operations hazard". any insured, you must: 4. Subject to Paragraph 2. above, the Personal And (1) Immediately record the specifics of the Advertising Injury Limit is the most we will pay claim or "suit" and the date received; and under Coverage B for the sum of all damages Notify us as soon as practicable. (2) because of all "personal and advertising injury" sustained by any one person or organization. You must see to it that we receive written notice of the claim or "suit" as soon as 5. Subject toParagraph 2. or 3. above, whichever practicable. applies, the Each Occurrence Limit is the most we will pay for the sum of: c. You and any other involved insured must: a. Damages under Coverage A; and (1) Immediately send us copies of any demands, notices, summonses or legal b. Medical expenses under Coverage C papers received in connection with the because of all "bodily injury" and "property claim or "suit"; damage" arising out of any one "occurrence". (2) Authorize us to obtain records and other 6. Subject toParagraph 5. above, the Damage To information; Premises Rented To You Limit is the most we will (3) Cooperate with us in the investigation or pay under Coverage A for damages because of settlement of the claim or defense against "property damage" to any one premises, while the "suit"; and rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you (4) Assist us, upon our request, in the with permission of the owner. enforcement of any right against any person or organization which may be liable 7. Subject toParagraph 5. above, the Medical to the insured because of injury or damage Expense Limit is the most we will pay under to which this insurance may also apply. Coverage C for all medical expenses because of "bodily injury" sustained by any one person. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any The Limits of Insurance of this Coverage Part apply obligation, or incur any expense, other than for separately to each consecutive annual period and to first aid, without our consent. any remaining period of less than 12 months, starting with the beginning of the policy period shown in the 3. Legal Action Against Us Declarations, unless the policy period is extended No person or organization has a right under this after issuance for an additional period of less than 12 Coverage Part: months. In that case, the additional period will be a. To join us as a party or otherwise bring us into deemed part of the last preceding period for purposes a "suit" asking for damages from an insured; or of determining the Limits of Insurance. b. To sue us on this Coverage Part unless all of SECTION IV – COMMERCIAL GENERAL LIABILITY its terms have been fully complied with. CONDITIONS A person or organization may sue us to recover on 1. Bankruptcy an agreed settlement or on a final judgment Bankruptcy or insolvency of the insured or of the against an insured; but we will not be liable for insured's estate will not relieve us of our damages that are not payable under the terms of obligations under this Coverage Part. this Coverage Part or that are in excess of the 2. Duties In The Event Of Occurrence, Offense, applicable limit of insurance. An agreed settlement Claim Or Suit means a settlement and release of liability signed by us, the insured and the claimant or the a. You must see to it that we are notified as soon claimant's legal representative. as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and CG 00 01 04 13 © Insurance Services Office, Inc.,2012 Page 11of 16 4. Other Insurance (3) When this insurance is excess over other insurance, we will pay only our share of the If other valid and collectible insurance is available amount of the loss, if any, that exceeds the to the insured for a loss we cover under sum of: Coverages A or B of this Coverage Part, our obligations are limited as follows: (a) The total amount that all such other insurance would pay for the loss in the a. Primary Insurance absence of this insurance; and This insurance is primary except when (b) The total of all deductible and self- Paragraph b. below applies. If this insurance is insured amounts under all that other primary, our obligations are not affected unless insurance. any of the other insurance is also primary. Then, we will share with all that other (4) We will share the remaining loss, if any, insurance by the method described inwith any other insurance that is not Paragraph c. below. described in this Excess Insurance provision and was not bought specifically to b. Excess Insurance apply in excess of the Limits of Insurance (1) This insurance is excess over: shown in the Declarations of this Coverage Part. (a) Any of the other insurance, whether primary, excess, contingent or on any c. Method Of Sharing other basis: If all of the other insurance permits contribution (i) That is Fire, Extended Coverage, by equal shares, we will follow this method Builder's Risk, Installation Risk or also. Under this approach each insurer similar coverage for "your work"; contributes equal amounts until it has paid its applicable limit of insurance or none of the loss (ii) That is Fire insurance for premises remains, whichever comes first. rented to you or temporarily occupied by you with permission of If any of the other insurance does not permit the owner; contribution by equal shares, we will contribute by limits. Under this method, each insurer's (iii) That is insurance purchased by you share is based on the ratio of its applicable to cover your liability as a tenant for limit of insurance to the total applicable limits of "property damage" to premises insurance of all insurers. rented to you or temporarily occupied by you with permission of 5. Premium Audit the owner; or a. We will compute all premiums for this (iv) If the loss arises out of the Coverage Part in accordance with our rules maintenance or use of aircraft, and rates. "autos" or watercraft to the extent not b. Premium shown in this Coverage Part as subject to Exclusion g. of Section I – advance premium is a deposit premium only. Coverage A – Bodily Injury And At the close of each audit period we will Property Damage Liability. compute the earned premium for that period (b) Any other primary insurance available to and send notice to the first Named Insured. you covering liability for damages The due date for audit and retrospective arising out of the premises or premiums is the date shown as the due date operations, or the products and on the bill. If the sum of the advance and audit completed operations, for which you premiums paid for the policy period is greater have been added as an additional than the earned premium, we will return the insured. excess to the first Named Insured. (2) When this insurance is excess, we will have c. The first Named Insured must keep records of no duty under Coverages A or B to defend the information we need for premium the insured against any "suit" if any other computation, and send us copies at such times insurer has a duty to defend the insured as we may request. against that "suit". If no other insurer 6. Representations defends, we will undertake to do so, but we will be entitled to the insured's rights By accepting this policy, you agree: against all those other insurers. a. The statements in the Declarations are accurate and complete; Page 12 of 16 © Insurance Services Office, Inc.,2012 CG 00 01 04 13 b. Those statements are based upon However, "auto" does not include "mobile representations you made to us; and equipment". c. We have issued this policy in reliance upon 3. "Bodily injury" means bodily injury, sickness or your representations. disease sustained by a person, including death resulting from any of these at any time. 7. Separation Of Insureds 4. "Coverage territory" means: Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this a. The United States of America (including its Coverage Part to the first Named Insured, this territories and possessions), Puerto Rico and insurance applies: Canada; a. As if each Named Insured were the only b. International waters or airspace, but only if the Named Insured; and injury or damage occurs in the course of travel or transportation between any places included b. Separately to each insured against whom claim in Paragraph a. above; or is made or "suit" is brought. c. All other parts of the world if the injury or 8. Transfer Of Rights Of Recovery Against Others damage arises out of: To Us (1) Goods or products made or sold by you in If the insured has rights to recover all or part of the territory described in Paragraph a. any payment we have made under this Coverage above; Part, those rights are transferred to us. The insured must do nothing after loss to impair them. (2) The activities of a person whose home is in At our request, the insured will bring "suit" or the territory described in Paragraph a. transfer those rights to us and help us enforce above, but is away for a short time on your them. business; or 9. When We Do Not Renew (3) "Personal and advertising injury" offenses that take place through the Internet or If we decide not to renew this Coverage Part, we similar electronic means of communication; will mail or deliver to the first Named Insured shown in the Declarations written notice of the provided the insured's responsibility to pay nonrenewal not less than 30 days before the damages is determined in a "suit" on the expiration date. merits, in the territory described in Paragraph a.above or in a settlement we agree to. If notice is mailed, proof of mailing will be sufficient proof of notice. 5. "Employee" includes a "leased worker". "Employee" does not include a "temporary SECTION V – DEFINITIONS worker". 1. "Advertisement" means a notice that is broadcast 6. "Executive officer" means a person holding any of or published to the general public or specific the officer positions created by your charter, market segments about your goods, products or constitution, bylaws or any other similar governing services for the purpose of attracting customers or document. supporters. For the purposes of this definition: 7. "Hostile fire" means one which becomes a. Notices that are published include material uncontrollable or breaks out from where it was placed on the Internet or on similar electronic intended to be. means of communication; and 8. "Impaired property" means tangible property, other b. Regarding web sites, only that part of a web than "your product" or "your work", that cannot be site that is about your goods, products or used or is less useful because: services for the purposes of attracting customers or supporters is considered an a. It incorporates "your product" or "your work" advertisement. that is known or thought to be defective, deficient, inadequate or dangerous; or 2. "Auto" means: b. You have failed to fulfill the terms of a contract a. A land motor vehicle, trailer or semitrailer or agreement; designed for travel on public roads, including if such property can be restored to use by the any attached machinery or equipment; or repair, replacement, adjustment or removal of b. Any other land vehicle that is subject to a "your product" or "your work" or your fulfilling the compulsory or financial responsibility law or terms of the contract or agreement. other motor vehicle insurance law where it is licensed or principally garaged. CG 00 01 04 13 © Insurance Services Office, Inc.,2012 Page 13of 16 9."Insured contract" means: 10."Leased worker" means a person leased to you by a labor leasing firm under an agreement between a. A contract for a lease of premises. However, you and the labor leasing firm, to perform duties that portion of the contract for a lease of related to the conduct of your business. "Leased premises that indemnifies any person or worker" does not include a "temporary worker". organization for damage by fire to premises while rented to you or temporarily occupied by 11."Loading or unloading" means the handling of you with permission of the owner is not an property: "insured contract"; a. After it is moved from the place where it is b. A sidetrack agreement; accepted for movement into or onto an aircraft, watercraft or "auto"; c. Any easement or license agreement, except in connection with construction or demolition b. While it is in or on an aircraft, watercraft or operations on or within 50 feet of a railroad; "auto"; or d. An obligation, as required by ordinance, to c. While it is being moved from an aircraft, indemnify a municipality, except in connection watercraft or "auto" to the place where it is with work for a municipality; finally delivered; e. An elevator maintenance agreement; but "loading or unloading" does not include the movement of property by means of a mechanical f. That part of any other contract or agreement device, other than a hand truck, that is not pertaining to your business (including an attached to the aircraft, watercraft or "auto". indemnification of a municipality in connection with work performed for a municipality) under 12."Mobile equipment" means any of the following which you assume the tort liability of another types of land vehicles, including any attached party to pay for "bodily injury" or "property machinery or equipment: damage" to a third person or organization. Tort a. Bulldozers, farm machinery, forklifts and other liability means a liability that would be imposed vehicles designed for use principally off public by law in the absence of any contract or roads; agreement. b. Vehicles maintained for use solely on or next to Paragraph f. does not include that part of any premises you own or rent; contract or agreement: c. Vehicles that travel on crawler treads; (1) That indemnifies a railroad for "bodily injury" d. Vehicles, whether self-propelled or not, or "property damage" arising out of maintained primarily to provide mobility to construction or demolition operations, within permanently mounted: 50 feet of any railroad property and affecting any railroad bridge or trestle, (1) Power cranes, shovels, loaders, diggers or tracks, road-beds, tunnel, underpass or drills; or crossing; (2) Road construction or resurfacing equipment (2) That indemnifies an architect, engineer or such as graders, scrapers or rollers; surveyor for injury or damage arising out of: e. Vehicles not described in Paragraph a., b., c. (a) Preparing, approving, or failing to or d. above that are not self-propelled and are prepare or approve, maps, shop maintained primarily to provide mobility to drawings, opinions, reports, surveys, permanently attached equipment of the field orders, change orders or drawings following types: and specifications; or (1) Air compressors, pumps and generators, (b) Giving directions or instructions, or including spraying, welding, building failing to give them, if that is the primary cleaning, geophysical exploration, lighting cause of the injury or damage; or and well servicing equipment; or (3) Under which the insured, if an architect, (2) Cherry pickers and similar devices used to engineer or surveyor, assumes liability for raise or lower workers; an injury or damage arising out of the f. Vehicles not described in Paragraph a., b., c. insured's rendering or failure to render or d. above maintained primarily for purposes professional services, including those listed other than the transportation of persons or in (2) above and supervisory, inspection, cargo. architectural or engineering activities. Page 14 of 16 © Insurance Services Office, Inc.,2012 CG 00 01 04 13 However, self-propelled vehicles with the 16."Products-completed operations hazard": following types of permanently attached a. Includes all "bodily injury" and "property equipment are not "mobile equipment" but will damage" occurring away from premises you be considered "autos": own or rent and arising out of "your product" or (1) Equipment designed primarily for: "your work" except: (a) Snow removal; (1) Products that are still in your physical possession; or (b) Road maintenance, but not construction or resurfacing; or (2) Work that has not yet been completed or abandoned. However, "your work" will be (c) Street cleaning; deemed completed at the earliest of the (2) Cherry pickers and similar devices mounted following times: on automobile or truck chassis and used to (a) When all of the work called for in your raise or lower workers; and contract has been completed. (3) Air compressors, pumps and generators, (b) When all of the work to be done at the including spraying, welding, building job site has been completed if your cleaning, geophysical exploration, lighting contract calls for work at more than one and well servicing equipment. job site. However, "mobile equipment" does not include (c) When that part of the work done at a job any land vehicles that are subject to a compulsory site has been put to its intended use by or financial responsibility law or other motor any person or organization other than vehicle insurance law where it is licensed or another contractor or subcontractor principally garaged. Land vehicles subject to a working on the same project. compulsory or financial responsibility law or other motor vehicle insurance law are considered Work that may need service, maintenance, "autos". correction, repair or replacement, but which is otherwise complete, will be treated as 13."Occurrence" means an accident, including completed. continuous or repeated exposure to substantially the same general harmful conditions. b.Does not include "bodily injury" or "property damage" arising out of: 14."Personal and advertising injury" means injury, including consequential "bodily injury", arising out (1) The transportation of property, unless the of one or more of the following offenses: injury or damage arises out of a condition in or on a vehicle not owned or operated by a. False arrest, detention or imprisonment; you, and that condition was created by the b. Malicious prosecution; "loading or unloading" of that vehicle by any insured; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of (2)The existence of tools, uninstalled a room, dwelling or premises that a person equipment or abandoned or unused occupies, committed by or on behalf of its materials; or owner, landlord or lessor; (3) Products or operations for which the d. Oral or written publication, in any manner, of classification, listed in the Declarations or in material that slanders or libels a person or a policy Schedule, states that products- organization or disparages a person's or completed operations are subject to the organization's goods, products or services; General Aggregate Limit. e. Oral or written publication, in any manner, of 17."Property damage" means: material that violates a person's right of a. Physical injury to tangible property, including privacy; all resulting loss of use of that property. All f. The use of another's advertising idea in your such loss of use shall be deemed to occur at "advertisement"; or the time of the physical injury that caused it; or g. Infringing upon another's copyright, trade dress b. Loss of use of tangible property that is not or slogan in your "advertisement". physically injured. All such loss of use shall be deemed to occur at the time of the 15."Pollutants" mean any solid, liquid, gaseous or "occurrence" that caused it. thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and For the purposes of this insurance, electronic data waste. Waste includes materials to be recycled, is not tangible property. reconditioned or reclaimed. CG 00 01 04 13 © Insurance Services Office, Inc.,2012 Page 15of 16 As used in this definition, electronic data means b. Includes: information, facts or programs stored as or on, (1) Warranties or representations made at any created or used on, or transmitted to or from time with respect to the fitness, quality, computer software, including systems and durability, performance or use of "your applications software, hard or floppy disks, CD- product"; and ROMs, tapes, drives, cells, data processing (2) The providing of or failure to provide devices or any other media which are used with warnings or instructions. electronically controlled equipment. c. Does not include vending machines or other 18."Suit" means a civil proceeding in which damages property rented to or located for the use of because of "bodily injury", "property damage" or others but not sold. "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: 22."Your work": a. An arbitration proceeding in which such a. Means: damages are claimed and to which the insured (1) Work or operations performed by you or on must submit or does submit with our consent; your behalf; and or (2) Materials, parts or equipment furnished in b. Any other alternative dispute resolution connection with such work or operations. proceeding in which such damages are b. Includes: claimed and to which the insured submits with our consent. (1) Warranties or representations made at any time with respect to the fitness, quality, 19."Temporary worker" means a person who is durability, performance or use of "your furnished to you to substitute for a permanent work"; and "employee" on leave or to meet seasonal or short- term workload conditions. (2) The providing of or failure to provide warnings or instructions. 20."Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 21."Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. Page 16 of 16 © Insurance Services Office, Inc.,2012 CG 00 01 04 13 MINIMUM EARNED PREMIUM CANCELLATIONS AND AUDITS It is hereby understood and agreed that in the event of cancellation of coverage by the insured. the minimum earned premium under this policy shall be of the policy premium. 36& It is further understood the minimum earned premium of this policy shall be of 211& the policy premium if the policy is in effect for the full term and the audit shows a lower exposure than estimated. S1003 (8/91) Page 1 of 1 COMBINED PROVISIONS ENDORSEMENT CALIFORNIA ONLY This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part .Commercial Professional Liability Coverage Part Liquor Liability Coverage Form In consideration of the premium charged it is agreed that the following special provisions apply to this policy. PUNITIVE DAMAGES EXCLUSION It is part of the conditions of this policy that the Company shall not be liable for any damages awarded against an insured as punitive or exemplary damages. ASBESTOS EXCLUSION In consideration of the premium charged, it is hereby understood and agreed that this policy will not provide coverage, meaning indemnification or defense costs arising out of: (A) Asbestos or any asbestos related bodily injury or property damage; or (B) Any alleged act, error, omission or duty involving asbestos, its use, exposure, presence, existence, detection, removal, elimination, transportation, disposal or avoidance; or (C) The use, exposure, presence, existence, detection, removal, elimination or avoidance of asbestos in any environment, building or structure. PRE-TENDER LEGAL FEE EXCLUSION It is a condition of the issuance of this insurance that we will not reimburse you, pay on your behalf, or honor your assumption of debt in relation to any matter otherwise covered by this insurance, for legal expenses, legal fees or legal costs you incur, or obligations you assume in connection therewith, unless we have written notice of the matter and we have given our specific written consent. EARTH MOVEMENT EXCLUSION In consideration of the premium charged, it is understood and agreed that this policy specifically excludes and does not extend to or provide coverage or indemnity for any claim of liability for bodily injury or property damage caused by, resulting from, attributable or contributed to, or aggravated by the subsidence or movement of land as a result of earthquake, landslide, mudflow, earth sinking or shifting, resulting from, aggravated by or contributed to by operations of the named insured or any subcontractor of the named insured. S2025(08/02) EXCLUSION – DESIGNATED PRODUCTS This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part Commercial Liability Umbrella Coverage Part This insurance does not apply to “bodily injury” or “property damage” included in the “products-completed operations hazard” and arising out of “your products” or “your work” on those products shown below. The sale, lease, rental or loan of used or second-hand: Motor vehicles Boats Powered tools Motorized equipment Other (specify) S2050(06/03) Page 1 of 1 POLICY NUMBER:COMMERCIAL GENERAL LIABILITY DQW1164694 CG 03 00 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Coverage Amount and Basis of Deductible PER CLAIM orPER OCCURRENCE Bodily Injury Liability$611$ OR Property Damage Liability$611$ OR Bodily Injury Liability and/or$$ Property Damage Liability Combined (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) APPLICATION OF ENDORSEMENT (Enter below any limitations on the application of this endorsement. If no limitation is entered, the deductibles apply to damages for all "bodily injury" and "property damage", however caused): A.Our obligation under the Bodily Injury Liability andb.Under Property Damage Liability Cover- Property Damage Liability Coverages to payage, to all damages sustained by any one damages on your behalf applies only to theperson because of "property damage"; or amount of damages in excess of any deductible c.Under Bodily Injury Liability and/or Property amounts stated in the Schedule above as appli- Damage Liability Coverage Combined, to cable to such coverages. all damages sustained by any one person B.You may select a deductible amount on either abecause of: per claim or a per "occurrence" basis. Your se- (1)"Bodily injury"; lected deductible applies to the coverage option (2)"Property damage"; or and to the basis of the deductible indicated by the placement of the deductible amount in the (3)"Bodily injury" and "property damage" Schedule above. The deductible amount stated in combined the Schedule above applies as follows: as the result of any one "occurrence". 1.PER CLAIM BASIS. If the deductible amount If damages are claimed for care, loss of serv- indicated in the Schedule above is on a per ices or death resulting at any time from "bodily claim basis, that deductible applies as follows: injury", a separate deductible amount will be a.Under Bodily Injury Liability Coverage, to applied to each person making a claim for all damages sustained by any one person such damages. because of "bodily injury"; With respect to "property damage", person in- cludes an organization. CG 03 00 01 96Copyright, Insurance Services Office, Inc., 1994Page1 of 2‽‽ 2.PER OCCURRENCE BASIS. If the deductibleC.The terms of this insurance, including those with amount indicated in the Schedule above is onrespect to: a "per occurrence" basis, that deductible 1.Our right and duty to defend the insured amount applies as follows: against any "suits" seeking those damages; a.Under Bodily Injury Liability Coverage, toand all damages because of "bodily injury"; 2.Your duties in the event of an "occurrence", b.Under Property Damage Liability Cover-claim, or "suit" age, to all damages because of "property apply irrespective of the application of the de- damage"; or ductible amount. c.Under Bodily Injury Liability and/or Property D.We may pay any part or all of the deductible Damage Liability Coverage Combined, to amount to effect settlement of any claim or "suit" all damages because of: and, upon notification of the action taken, you (1)"Bodily injury";shall promptly reimburse us for such part of the deductible amount as has been paid by us. (2)"Property damage"; or (3)"Bodily injury" and "property damage" combined as the result of any one "occurrence", regard- less of the number of persons or organizations who sustain damages because of that "occurrence". Page2 of 2Copyright, Insurance Services Office, Inc., 1994CG 03 00 01 96‽‽ COMMERCIAL GENERAL LIABILITY CG 21 07 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION Î ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA-RELATED LIABILITY Î LIMITED BODILY INJURY EXCEPTION NOT INCLUDED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section I Î Coverage A Î B. The following is added to Paragraph 2. Bodily Injury And Property Damage Liability is Exclusions of Section I Î Coverage B Î replaced by the following: Personal And Advertising Injury Liability: 2. Exclusions 2. Exclusions This insurance does not apply to: This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Access Or Disclosure Of Confidential Or Personal Information And Data-related Personal Information Liability "Personal and advertising injury" arising out of Damages arising out of: any access to or disclosure of any person's or organization's confidential or personal (1) Any access to or disclosure of any information, including patents, trade secrets, person's or organization's confidential or processing methods, customer lists, financial personal information, including patents, information, credit card information, health trade secrets, processing methods, information or any other type of nonpublic customer lists, financial information, information. credit card information, health information or any other type of This exclusion applies even if damages are nonpublic information; or claimed for notification costs, credit monitoring expenses, forensic expenses, public relations (2) The loss of, loss of use of, damage to, expenses or any other loss, cost or expense corruption of, inability to access, or incurred by you or others arising out of any inability to manipulate electronic data. access to or disclosure of any person's or This exclusion applies even if damages are organization's confidential or personal claimed for notification costs, credit information. monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. CG 21 07 05 14 © Insurance Services Office, Inc.,2013 Page 1of 1 COMMERCIAL GENERAL LIABILITY CG 21 09 06 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION – UNMANNED AIRCRAFT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.g. Aircraft, Auto Or Watercraft under This Paragraph g.(2) applies even if the Section I – Coverage A – Bodily Injury And claims against any insured allege Property Damage Liability is replaced by the negligence or other wrongdoing in the following: supervision, hiring, employment, training or monitoring of others by that insured, if 2. Exclusions the "occurrence" which caused the This insurance does not apply to: "bodily injury" or "property damage" involved the ownership, maintenance, g. Aircraft, Auto Or Watercraft use or entrustment to others of any (1) Unmanned Aircraft aircraft (other than "unmanned aircraft"), "Bodily injury" or "property damage" "auto" or watercraft that is owned or arising out of the ownership, operated by or rented or loaned to any maintenance, use or entrustment to insured. others of any aircraft that is an This Paragraph g.(2) does not apply to: "unmanned aircraft". Use includes (a) A watercraft while ashore on operation and "loading or unloading". premises you own or rent; This Paragraph g.(1) applies even if the (b) A watercraft you do not own that is: claims against any insured allege negligence or other wrongdoing in the (i) Less than 26 feet long; and supervision, hiring, employment, training (ii) Not being used to carry persons or monitoring of others by that insured, if or property for a charge; the "occurrence" which caused the "bodily injury" or "property damage" (c) Parking an "auto" on, or on the ways involved the ownership, maintenance, next to, premises you own or rent, use or entrustment to others of any provided the "auto" is not owned by aircraft that is an "unmanned aircraft". or rented or loaned to you or the insured; (2) Aircraft (Other Than Unmanned Aircraft), Auto Or Watercraft (d) Liability assumed under any "insured contract" for the ownership, "Bodily injury" or "property damage" maintenance or use of aircraft or arising out of the ownership, watercraft; or maintenance, use or entrustment to others of any aircraft (other than "unmanned aircraft"), "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". CG 21 09 06 15 © Insurance Services Office, Inc.,2014 Page 1of 2 (e) "Bodily injury" or "property damage" This exclusion applies even if the claims arising out of: against any insured allege negligence or other wrongdoing in the supervision, hiring, (i) The operation of machinery or employment, training or monitoring of others by equipment that is attached to, or that insured, if the offense which caused the part of, a land vehicle that would "personal and advertising injury" involved the qualify under the definition of ownership, maintenance, use or entrustment to "mobile equipment" if it were not others of any aircraft that is an "unmanned subject to a compulsory or aircraft". financial responsibility law or other motor vehicle insurance law This exclusion does not apply to: where it is licensed or principally a. The use of another's advertising idea in garaged; or your "advertisement"; or (ii) The operation of any of the b. Infringing upon another's copyright, trade machinery or equipment listed in dress or slogan in your "advertisement". Paragraph f.(2) or f.(3) of the C.The following definition is added to the Definitions definition of "mobile equipment". section: B. The following exclusion is added to Paragraph 2. "Unmanned aircraft" means an aircraft that is not: Exclusions of Coverage B – Personal And Advertising Injury Liability: 1.Designed; 2. Exclusions 2.Manufactured; or This insurance does not apply to: 3.Modified after manufacture; Unmanned Aircraft to be controlled directly by a person from within or on the aircraft. "Personal and advertising injury" arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and "loading or unloading". Page 2 of 2 © Insurance Services Office, Inc.,2014 CG 21 09 06 15 COMMERCIAL GENERAL LIABILITY CG 21 47 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT-RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A.The following exclusion is added to Paragraph 2., B. The following exclusion is added to Paragraph 2., Exclusions of Section I – Coverage A – Bodily Exclusions of Section I – Coverage B – Per- Injury And Property Damage Liability: sonal And Advertising Injury Liability: This insurance does not apply to: This insurance does not apply to: "Bodily injury" to: "Personal and advertising injury" to: (1) A person arising out of any: (1) A person arising out of any: (a) Refusal to employ that person; (a) Refusal to employ that person; (b) Termination of that person's employment; (b) Termination of that person's employment; or or (c) Employment-related practices, policies, (c) Employment-related practices, policies, acts or omissions, such as coercion, demo-acts or omissions, such as coercion, demo- tion, evaluation, reassignment, discipline, tion, evaluation, reassignment, discipline, defamation, harassment, humiliation, dis-defamation, harassment, humiliation, dis- crimination or malicious prosecution di-crimination or malicious prosecution di- rected at that person; or rected at that person; or (2) The spouse, child, parent, brother or sister of (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" that person as a consequence of "personal and to that person at whom any of the employment-advertising injury" to that person at whom any related practices described in Paragraphs (a), of the employment-related practices described (b), or (c) above is directed. in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: This exclusion applies: (1) Whether the injury-causing event described in (1) Whether the injury-causing event described in Paragraphs (a), (b) or (c) above occurs before Paragraphs (a), (b) or (c) above occurs before employment, during employment or after em- employment, during employment or after em- ployment of that person; ployment of that person; (2) Whether the insured may be liable as an em- (2)Whether the insured may be liable as an em- ployer or in any other capacity; and ployer or in any other capacity; and (3) To any obligation to share damages with or (3) To any obligation to share damages with or repay someone else who must pay damages repay someone else who must pay damages because of the injury. because of the injury. CG 21 47 12 07 © ISO Properties, Inc., 2006 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 21 55 09 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION WITH A HOSTILE FIRE EXCEPTION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under Paragraph 2.,Exclusions of Sec-(b)At any premises, site or location on which tion I – Coverage A – Bodily Injury And Propertyany insured or any contractors or subcon- Damage Liability is replaced by the following:tractors working directly or indirectly on any insured's behalf are performing operations This insurance does not apply to: to test for, monitor, clean up, remove, f.Pollution contain, treat, detoxify, neutralize or in any way respond to, or assess the effects of, (1)"Bodily injury" or "property damage" which "pollutants". would not have occurred in whole or part but for the actual, alleged or threatened discharge, (2)Any loss, cost or expense arising out of any: dispersal, seepage, migration, release or es- (a)Request, demand, order or statutory or cape of "pollutants" at any time. regulatory requirement that any insured or This exclusion does not apply to "bodily injury" others test for, monitor, clean up, remove, or "property damage" arising out of heat, contain, treat, detoxify or neutralize, or in smoke or fumes from a "hostile fire" unless any way respond to, or assess the effects that "hostile fire" occurred or originated: of "pollutants"; or (a)At any premises, site or location which is or (b)Claim or suit by or on behalf of a govern- was at any time used by or for any insured mental authority for damages because of or others for the handling, storage, dis- testing for, monitoring, cleaning up, remov- posal, processing or treatment of waste; or ing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". CG 21 55 09 99Copyright, Insurance Services Office, Inc., 1998Page1 of 1‽‽ COMMERCIAL GENERAL LIABILITY CG 21 32 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMUNICABLE DISEASE EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A.The following exclusion is added to Paragraph 2. B.The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverage A – Bodily Exclusions of Section I – Coverage B – Per- Injury And Property Damage Liability: sonal And Advertising Injury Liability: 2. Exclusions 2. Exclusions This insurance does not apply to: This insurance does not apply to: Communicable Disease Communicable Disease "Bodily injury" or "property damage" arising out "Personal and advertising injury" arising out of of the actual or alleged transmission of a com-the actual or alleged transmission of a commu- municable disease. nicable disease. This exclusion applies even if the claims This exclusion applies even if the claims against any insured allege negligence or other against any insured allege negligence or other wrongdoing in the: wrongdoing in the: a. Supervising, hiring, employing, training or a. Supervising, hiring, employing, training or monitoring of others that may be infected monitoring of others that may be infected with and spread a communicable disease; with and spread a communicable disease; b. Testing for a communicable disease; b. Testing for a communicable disease; c. Failure to prevent the spread of the dis- c. Failure to prevent the spread of the dis- ease; or ease; or d. Failure to report the disease to authorities. d. Failure to report the disease to authorities. CG 21 32 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 21 67 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. B. The following exclusion is added to Paragraph 2. Exclusions of Section I Î Coverage A Î Bodily Exclusions of Section I Î Coverage B Î Per- Injury And Property Damage Liability: sonal And Advertising Injury Liability: 2. Exclusions 2. Exclusions This insurance does not apply to: This insurance does not apply to: Fungi Or Bacteria Fungi Or Bacteria a. "Bodily injury" or "property damage" which a. "Personal and advertising injury" which would not have occurred, in whole or in part, would not have taken place, in whole or in but for the actual, alleged or threatened in-part, but for the actual, alleged or threat- ened inhalation of, ingestion of, contact halation of, ingestion of, contact with, expo- with, exposure to, existence of, or presence sure to, existence of, or presence of, any of any "fungi" or bacteria on or within a "fungi" or bacteria on or within a building or building or structure, including its contents, structure, including its contents, regardless regardless of whether any other cause, of whether any other cause, event, material event, material or product contributed con- or product contributed concurrently or in any currently or in any sequence to such injury. sequence to such injury or damage. b. Any loss, cost or expenses arising out of the b. Any loss, cost or expense arising out of the abating, testing for, monitoring, cleaning up, abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or neutralizing, remediating or disposing of, or in any way responding to, or assessing the in any way responding to, or assessing the effects of, "fungi" or bacteria, by any insured effects of, "fungi" or bacteria, by any insured or by any other person or entity. or by any other person or entity. C. The following definition is added to the Definitions This exclusion does not apply to any "fungi" or Section: bacteria that are, are on, or are contained in, a good or product intended for bodily consump- "Fungi" means any type or form of fungus, includ- tion. ing mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi. CG 21 67 12 04 ¨ ISO Properties, Inc., 2003 Page 1 of 1££ ££ COMMERCIAL GENERAL LIABILITY CG 21 96 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA-RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2., B. The following exclusion is added to Paragraph 2., Exclusions of Section I Î Coverage A Î Bodily Exclusions of Section I Î Coverage B Î Per- Injury And Property Damage Liability: sonal And Advertising Injury Liability: 2. Exclusions 2. Exclusions This insurance does not apply to: This insurance does not apply to: Silica Or Silica-Related Dust Silica Or Silica-Related Dust a. "Bodily injury" arising, in whole or in part, out a. "Personal and advertising injury" arising, in of the actual, alleged, threatened or sus-whole or in part, out of the actual, alleged, pected inhalation of, or ingestion of, "silica" threatened or suspected inhalation of, in- or "silica-related dust". gestion of, contact with, exposure to, exis- tence of, or presence of, "silica" or "silica- b. "Property damage" arising, in whole or in related dust". part, out of the actual, alleged, threatened or suspected contact with, exposure to, ex- b. Any loss, cost or expense arising, in whole istence of, or presence of, "silica" or "silica-or in part, out of the abating, testing for, related dust". monitoring, cleaning up, removing, contain- ing, treating, detoxifying, neutralizing, reme- c. Any loss, cost or expense arising, in whole diating or disposing of, or in any way re- or in part, out of the abating, testing for, sponding to or assessing the effects of, monitoring, cleaning up, removing, contain- "silica" or "silica-related dust", by any in- ing, treating, detoxifying, neutralizing, reme- sured or by any other person or entity. diating or disposing of, or in any way re- C. The following definitions are added to the Defini- sponding to or assessing the effects of, tions Section: "silica" or "silica-related dust", by any in- sured or by any other person or entity. 1. "Silica" means silicon dioxide (occurring in crystalline, amorphous and impure forms), sil- ica particles, silica dust or silica compounds. 2. "Silica-related dust" means a mixture or combi- nation of silica and other dust or particles. CG 21 96 03 05 ¨ ISO Properties, Inc., 2004 Page 1 of 1££ ££ COMMERCIAL GENERAL LIABILITY CG 24 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF INSURED CONTRACT DEFINITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The definition of "insured contract" in the Definitions Paragraph f.does not include that part of any section is replaced by the following: contract or agreement: "Insured contract" means: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of a.A contract for a lease of premises. However, construction or demolition operations, within that portion of the contract for a lease of 50 feet of any railroad property and premises that indemnifies any person or affecting any railroad bridge or trestle, organization for damage by fire to premises tracks, road-beds, tunnel, underpass or while rented to you or temporarily occupied by crossing; you with permission of the owner is not an "insured contract"; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: b.A sidetrack agreement; (a) Preparing, approving, or failing to c.Any easement or license agreement, except in prepare or approve, maps, shop connection with construction or demolition drawings, opinions, reports, surveys, operations on or within 50 feet of a railroad; field orders, change orders or drawings d.An obligation, as required by ordinance, to and specifications; or indemnify a municipality, except in connection (b) Giving directions or instructions, or with work for a municipality; failing to give them, if that is the primary e.An elevator maintenance agreement; cause of the injury or damage; or f.That part of any other contract or agreement (3) Under which the insured, if an architect, pertaining to your business (including an engineer or surveyor, assumes liability for indemnification of a municipality in connection an injury or damage arising out of the with work performed for a municipality) under insured's rendering or failure to render which you assume the tort liability of another professional services, including those listed party to pay for "bodily injury" or "property in (2) above and supervisory, inspection, damage" to a third person or organization, architectural or engineering activities. provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. However, such part of a contract or agreement shall only be considered an "insured contract" to the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. CG 24 26 04 13 © Insurance Services Office, Inc., 2012 Page 1of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL EXCLUSION PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART I.The following is added to Paragraph 2. Exclusions of SECTIONICOVERAGES,COVERAGE A BODILYINJURYANDPROPERTYDAMAGEand toParagraph 2. Exclusions ofSECTIONI COVERAGEBPERSONALANDADVERTISINGINJURY: This insurance does not apply to: Professional Services II.The following isadded to SECTION V DEFINITIONS: n occupation or business engaged in by the insured, involving or requiring specialized education,andknowledge, and includes associated clerical and administrative functions. EPA-1631(01/2018)Page 1of1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ANTI-STACKING ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is agreed that under SECTION III Limits of Insurance, the following is added: If this Coverage Form and any other Coverage Form or policy issued to you by us or any company Forms or policies shallnot exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. EPA-1691 (09/2012) Includes copyrighted material of ISO Commercial Risk Services, Inc. with Page 1 of 1 its permission Copyright, ISO Commercial Risk Services, Inc THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NONCOOPERATION WITH AUDIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is addedto5.Premium Auditof Section IVCommercial General LiabilityConditions: Notwithstanding any policy provision to the contrary, failure of the first Named Insured to: 1.Fully cooperate with apremiumaudit at the close of apremium audit period: or 2.Pay additional premium generated by apremiumaudit,will result in: a.Cancellation of the current term policy andany renewal policy we issue, as applicable;and b.Ourretention of any unearned premium. EPA-1833(01/2018)Includes copyrighted material of Insurance Services Office, Inc., Page 1of1 with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMUSEMENTSOR ACTIVITIES EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is added to 2.Exclusions ofSECTIONI-COVERAGES, COVERAGE A-BODILY INJURY AND PROPERTY DAMAGE LIABILITY: SCHEDULE Amusement or Activity: This insurance does not apply tobodily : a.Boats, submarines or any other floating objects; b.Trains or miniature automobile rides; c.Live animal rides or shows; d.Mechanical or other devices or equipment providing rides or activities for adults or children, including bungy jumping and ziplining; or e.Any amusement or activity shown in the Schedule above. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured. EPA-1941(03/2019)Includes copyrighted materialof Insurance Services Office, Inc., Page 1of1 with its permission. DQW1164694 IB\[!SFOUBM!DFOUFS!MMD BMMBMMO0B%28/11 BMMFrvjqnfou Csfblepxo O0B O0BO0BO0BO0B O0B %21-111 9753!Hbsefo!Hspwf!Cmwe-!Cvtjoftt!Qfstpobm! 22TqfdjbmSD91&1/739%74/11 Hbsefo!Hspwf-!DB!:3955Qspqfsuz 2 Gsbnf22:61678 Sfoubm!Tupsf Cvtjoftt!Jodpnf! 9753!Hbsefo!Hspwf!Cmwe-! 22%91-111TqfdjbmO0B91&1/277%244/11 xjui!Fyusb!Fyqfotf Hbsefo!Hspwf-!DB!:3955 2 Gsbnf22:61678 Sfoubm!Tupsf Cvtjoftt!Qfstpobm! 24142!Ofxmboe!Tu-!Hbsefo! Qspqfsuz 32%21-111TqfdjbmSD91&1/739%74/11 Hspwf-!DB!:3955 2 Gsbnf22:57678 Sfoubm!Tupsf Cvtjoftt!Jodpnf! 3224142!Ofxmboe!Tu-!Hbsefo!%71-111TqfdjbmO0B91&1/277%211/11 xjui!Fyusb!Fyqfotf Hspwf-!DB!:3955 2 Gsbnf22:57678 Sfoubm!Tupsf %487/11 %2-111Bmm!Puifs!Qfsjmt %2-111Xjoe0Ibjm COMMERCIAL PROPERTY CP 00 10 10 12 BUILDING AND PERSONAL PROPERTY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section H.Definitions. A. Coverage b. Your Business Personal Property consists of the following property located in We will pay for direct physical loss of or damage to or on the building or structure described in Covered Property at the premises described in the the Declarations or in the open (or in a Declarations caused by or resulting from any vehicle) within 100 feet of the building or Covered Cause of Loss. structure or within 100 feet of the premises 1. Covered Property described in the Declarations, whichever distance is greater: Covered Property, as used in this Coverage Part, means the type of property described in (1) Furniture and fixtures; this section, A.1., and limited in A.2. Property (2) Machinery and equipment; Not Covered, if a Limit Of Insurance is shown in the Declarations for that type of property. (3) "Stock"; a. Building, meaning the building or structure (4) All other personal property owned by described in the Declarations, including: you and used in your business; (1) Completed additions; (5) Labor, materials or services furnished or arranged by you on personal property of (2) Fixtures, including outdoor fixtures; others; (3) Permanently installed: (6) Your use interest as tenant in (a) Machinery; and improvements and betterments. Improvements and betterments are (b) Equipment; fixtures, alterations, installations or (4) Personal property owned by you that is additions: used to maintain or service the building (a) Made a part of the building or or structure or its premises, including: structure you occupy but do not own; (a) Fire-extinguishing equipment; and (b) Outdoor furniture; (b) You acquired or made at your (c) Floor coverings; and expense but cannot legally remove; (d) Appliances used for refrigerating, (7) Leased personal property for which you ventilating, cooking, dishwashing or have a contractual responsibility to laundering; insure, unless otherwise provided for r Personal Property Of Others. unde (5) If not covered by other insurance: c. Personal Property Of Others that is: (a) Additions under construction, alterations and repairs to the building (1) In your care, custody or control; and or structure; (2) Located in or on the building or structure (b) Materials, equipment, supplies and described in the Declarations or in the temporary structures, on or within open (or in a vehicle) within 100 feet of 100 feet of the described premises, the building or structure or within 100 used for making additions, feet of the premises described in the alterations or repairs to the building Declarations, whichever distance is or structure. greater. CP 00 10 10 12 © Insurance Services Office, Inc.,2011 Page 1of 16 However, our payment for loss of or n.Electronic data,except as provided under damage to personal property of others will the Additional Coverage, Electronic Data. only be for the account of the owner of the Electronic data means information, facts or property. computer programs stored as or on, created or used on, or transmitted to or 2. Property Not Covered from computer software (including systems Covered Property does not include: and applications software), on hard or floppy disks, CD-ROMs, tapes, drives, cells, a. Accounts, bills, currency, food stamps or data processing devices or any other other evidences of debt, money, notes or repositories of computer software which are securities. Lottery tickets held for sale are used with electronically controlled not securities; equipment. The term computer programs, b. Animals, unless owned by others and referred to in the foregoing description of boarded by you, or if owned by you, only as electronic data, means a set of related "stock" while inside of buildings; electronic instructions which direct the c. Automobiles held for sale; operations and functions of a computer or device connected to it, which enable the d. Bridges, roadways, walks, patios or other computer or device to receive, process, paved surfaces; store, retrieve or send data. This e. Contraband, or property in the course of paragraph, n., does not apply to your illegal transportation or trade; "stock" of prepackaged software, or to f. The cost of excavations, grading, backfilling electronic data which is integrated in and or filling; operates or controls the building's elevator, lighting, heating, ventilation, air conditioning g. Foundations of buildings, structures, or security system; machinery or boilers if their foundations are below: o. The cost to replace or restore the information on valuable papers and (1) The lowest basement floor; or records, including those which exist as (2) The surface of the ground, if there is no electronic data. Valuable papers and basement; records include but are not limited to h. Land (including land on which the property proprietary information, books of account, is located), water, growing crops or lawns deeds, manuscripts, abstracts, drawings (other than lawns which are part of a and card index systems. Refer to the vegetated roof); Coverage Extension for Valuable Papers And Records (Other Than Electronic Data) i. Personal property while airborne or for limited coverage for valuable papers and waterborne; records other than those which exist as j. Bulkheads, pilings, piers, wharves or docks; electronic data; k. Property that is covered under another p. Vehicles or self-propelled machines coverage form of this or any other policy in (including aircraft or watercraft) that: which it is more specifically described, (1) Are licensed for use on public roads; or except for the excess of the amount due (whether you can collect on it or not) from (2) Are operated principally away from the that other insurance; described premises. l. Retaining walls that are not part of a This paragraph does not apply to: building; (a) Vehicles or self-propelled machines m. Underground pipes, flues or drains; or autos you manufacture, process or warehouse; Page 2 of 16 © Insurance Services Office, Inc.,2011 CP 00 10 10 12 (b) Vehicles or self-propelled machines, (d) Remove property of others of a type other than autos, you hold for sale; that would not be Covered Property under this Coverage Form; (c) Rowboats or canoes out of water at the described premises; or (e) Remove deposits of mud or earth from the grounds of the described (d) Trailers, but only to the extent premises; provided for in the Coverage Extension for Non-owned Detached (f) Extract "pollutants" from land or Trailers; or water; or q. The following property while outside of (g) Remove, restore or replace polluted buildings: land or water. (1) Grain, hay, straw or other crops; (3) Subject to the exceptions in Paragraph (4), the following provisions apply: (2) Fences, radio or television antennas (including satellite dishes) and their (a) The most we will pay for the total of lead-in wiring, masts or towers, trees, direct physical loss or damage plus shrubs or plants (other than trees, debris removal expense is the Limit shrubs or plants which are "stock" or are of Insurance applicable to the part of a vegetated roof), all except as Covered Property that has sustained provided in the Coverage Extensions. loss or damage. 3. Covered Causes Of Loss (b) Subject to (a) above, the amount we will pay for debris removal expense See applicable Causes Of Loss form as shown is limited to 25% of the sum of the in the Declarations. deductible plus the amount that we 4. Additional Coverages pay for direct physical loss or damage to the Covered Property that a. Debris Removal has sustained loss or damage. (1) Subject to Paragraphs (2), (3) and (4), However, if no Covered Property has we will pay your expense to remove sustained direct physical loss or debris of Covered Property and other damage, the most we will pay for debris that is on the described premises, removal of debris of other property (if when such debris is caused by or such removal is covered under this results from a Covered Cause of Loss e) is $5,000 at Additional Coverag that occurs during the policy period. The each location. expenses will be paid only if they are (4) We will pay up to an additional $25,000 reported to us in writing within 180 days for debris removal expense, for each of the date of direct physical loss or location, in any one occurrence of damage. physical loss or damage to Covered (2) Debris Removal does not apply to costs Property, if one or both of the following to: circumstances apply: (a) Remove debris of property of yours (a) The total of the actual debris removal that is not insured under this policy, expense plus the amount we pay for or property in your possession that is direct physical loss or damage not Covered Property; exceeds the Limit of Insurance on (b) Remove debris of property owned by the Covered Property that has or leased to the landlord of the sustained loss or damage. building where your described (b) The actual debris removal expense premises are located, unless you exceeds 25% of the sum of the have a contractual responsibility to deductible plus the amount that we insure such property and it is insured pay for direct physical loss or under this policy; damage to the Covered Property that (c) Remove any property that is has sustained loss or damage. Property Not Covered, including property addressed under the Outdoor Property Coverage Extension; CP 00 10 10 12 © Insurance Services Office, Inc.,2011 Page 3of 16 Therefore, if (4)(a) and/or (4)(b) applies, The additional amount payable for debris removal our total payment for direct physical loss expense is provided in accordance with the terms of or damage and debris removal expense Paragraph (4), because the debris removal expense may reach but will never exceed the ($40,000) exceeds 25% of the loss payable plus the Limit of Insurance on the Covered deductible ($40,000 is 50% of $80,000), and because Property that has sustained loss or the sum of the loss payable and debris removal damage, plus $25,000. expense ($79,500 + $40,000 = $119,500) would exceed the Limit of Insurance ($90,000). The (5) Examples additional amount of covered debris removal expense The following examples assume that is $25,000, the maximum payable under Paragraph there is no Coinsurance penalty. (4). Thus, the total payable for debris removal expense in this example is $35,500; $4,500 of the Example 1 debris removal expense is not covered. Limit of Insurance: $90,000 b. Preservation Of Property Amount of Deductible: $500 If it is necessary to move Covered Property Amount of Loss: $50,000 from the described premises to preserve it Amount of Loss Payable: $49,500 from loss or damage by a Covered Cause of Loss, we will pay for any direct physical ($50,000 – $500) loss or damage to that property: Debris Removal Expense: $10,000 (1) While it is being moved or while Debris Removal Expense Payable: $10,000 temporarily stored at another location; ($10,000 is 20% of $50,000.) and The debris removal expense is less than 25% of the (2) Only if the loss or damage occurs within sum of the loss payable plus the deductible. The sum 30 days after the property is first moved. of the loss payable and the debris removal expense c. Fire Department Service Charge ($49,500 + $10,000 = $59,500) is less than the Limit of Insurance. Therefore, the full amount of debris When the fire department is called to save removal expense is payable in accordance with the or protect Covered Property from a terms of Paragraph (3). Covered Cause of Loss, we will pay up to $1,000 for service at each premises Example 2 described in the Declarations, unless a higher limit is shown in the Declarations. Limit of Insurance: $90,000 Such limit is the most we will pay Amount of Deductible: $500 regardless of the number of responding fire Amount of Loss: $80,000 departments or fire units, and regardless of Amount of Loss Payable: $79,500the number or type of services performed. ($80,000 – $500) This Additional Coverage applies to your liability for fire department service charges: Debris Removal Expense: $40,000 (1) Assumed by contract or agreement prior Debris Removal Expense Payable to loss; or Basic Amount: $10,500 (2) Required by local ordinance. Additional Amount: $25,000 No Deductible applies to this Additional The basic amount payable for debris removal Coverage. expense under the terms of Paragraph (3) is calculated as follows: $80,000 ($79,500 + $500) x .25 = $20,000, capped at $10,500. The cap applies because the sum of the loss payable ($79,500) and the basic amount payable for debris removal expense ($10,500) cannot exceed the Limit of Insurance ($90,000). Page 4 of 16 © Insurance Services Office, Inc.,2011 CP 00 10 10 12 d. Pollutant Clean-up And Removal (5) Under this Additional Coverage, we will not pay for: We will pay your expense to extract "pollutants" from land or water at the (a) The enforcement of or compliance described premises if the discharge, with any ordinance or law which dispersal, seepage, migration, release or requires demolition, repair, escape of the "pollutants" is caused by or replacement, reconstruction, results from a Covered Cause of Loss that remodeling or remediation of occurs during the policy period. The property due to contamination by expenses will be paid only if they are "pollutants" or due to the presence, reported to us in writing within 180 days of growth, proliferation, spread or any the date on which the Covered Cause of activity of "fungus", wet or dry rot or Loss occurs. bacteria; or This Additional Coverage does not apply to (b) Any costs associated with the costs to test for, monitor or assess the enforcement of or compliance with existence, concentration or effects of an ordinance or law which requires "pollutants". But we will pay for testing any insured or others to test for, which is performed in the course of monitor, clean up, remove, contain, extracting the "pollutants" from the land or treat, detoxify or neutralize, or in any water. way respond to, or assess the effects of "pollutants", "fungus", wet The most we will pay under this Additional or dry rot or bacteria. Coverage for each described premises is $10,000 for the sum of all covered (6) The most we will pay under this expenses arising out of Covered Causes of Additional Coverage, for each described Loss occurring during each separate 12-building insured under this Coverage month period of this policy. Form, is $10,000 or 5% of the Limit of Insurance applicable to that building, e. Increased Cost Of Construction whichever is less. If a damaged building (1) This Additional Coverage applies only to is covered under a blanket Limit of buildings to which the Replacement Insurance which applies to more than Cost Optional Coverage applies. one building or item of property, then the most we will pay under this Additional (2) In the event of damage by a Covered Coverage, for that damaged building, is Cause of Loss to a building that is the lesser of $10,000 or 5% times the Covered Property, we will pay the value of the damaged building as of the increased costs incurred to comply with time of loss times the applicable the minimum standards of an ordinance Coinsurance percentage. or law in the course of repair, rebuilding or replacement of damaged parts of that The amount payable under this property, subject to the limitations stated Additional Coverage is additional in e.(3) through e.(9) of this Additional insurance. Coverage. (7) With respect to this Additional (3) The ordinance or law referred to in e.(2) Coverage: of this Additional Coverage is an (a) We will not pay for the Increased ordinance or law that regulates the Cost of Construction: construction or repair of buildings or establishes zoning or land use (i) Until the property is actually requirements at the described premises repaired or replaced at the same and is in force at the time of loss. or another premises; and (4) Under this Additional Coverage, we will (ii) Unless the repair or replacement not pay any costs due to an ordinance is made as soon as reasonably or law that: possible after the loss or damage, not to exceed two (a) You were required to comply with years. We may extend this period before the loss, even when the in writing during the two years. building was undamaged; and (b) You failed to comply with. CP 00 10 10 12 © Insurance Services Office, Inc.,2011 Page 5of 16 (b) If the building is repaired or replaced (3) The Covered Causes of Loss applicable at the same premises, or if you elect to Your Business Personal Property to rebuild at another premises, the apply to this Additional Coverage, most we will pay for the Increased Electronic Data, subject to the following: Cost of Construction, subject to the (a) If the Causes Of Loss – Special provisions of e.(6) of this Additional Form applies, coverage under this Coverage, is the increased cost of Additional Coverage, Electronic construction at the same premises. Data, is limited to the "specified (c) If the ordinance or law requires causes of loss" as defined in that relocation to another premises, the form and Collapse as set forth in that most we will pay for the Increased form. Cost of Construction, subject to the (b) If the Causes Of Loss – Broad Form provisions of e.(6) of this Additional applies, coverage under this Coverage, is the increased cost of Additional Coverage, Electronic construction at the new premises. Data, includes Collapse as set forth (8) This Additional Coverage is not subject in that form. to the terms of the Ordinance Or Law (c) If the Causes Of Loss form is Exclusion to the extent that such endorsed to add a Covered Cause of Exclusion would conflict with the Loss, the additional Covered Cause provisions of this Additional Coverage. of Loss does not apply to the (9) The costs addressed in the Loss coverage provided under this Payment and Valuation Conditions and Additional Coverage, Electronic the Replacement Cost Optional Data. Coverage, in this Coverage Form, do (d) The Covered Causes of Loss include not include the increased cost a virus, harmful code or similar attributable to enforcement of or instruction introduced into or enacted compliance with an ordinance or law. on a computer system (including The amount payable under this electronic data) or a network to Additional Coverage, as stated in e.(6) which it is connected, designed to of this Additional Coverage, is not damage or destroy any part of the subject to such limitation. system or disrupt its normal f. Electronic Data operation. But there is no coverage for loss or damage caused by or (1) Under this Additional Coverage, resulting from manipulation of a electronic data has the meaning computer system (including described under Property Not Covered, electronic data) by any employee, Electronic Data. This Additional including a temporary or leased Coverage does not apply to your "stock" employee, or by an entity retained by of prepackaged software, or to you or for you to inspect, design, electronic data which is integrated in install, modify, maintain, repair or and operates or controls the building's replace that system. elevator, lighting, heating, ventilation, air conditioning or security system. (2) Subject to the provisions of this Additional Coverage, we will pay for the cost to replace or restore electronic data which has been destroyed or corrupted by a Covered Cause of Loss. To the extent that electronic data is not replaced or restored, the loss will be valued at the cost of replacement of the media on which the electronic data was stored, with blank media of substantially identical type. Page 6 of 16 © Insurance Services Office, Inc.,2011 CP 00 10 10 12 (4) The most we will pay under this (2) Your Business Personal Property Additional Coverage, Electronic Data, is (a) If this policy covers Your Business $2,500 (unless a higher limit is shown in Personal Property, you may extend the Declarations) for all loss or damage that insurance to apply to: sustained in any one policy year, (i) Business personal property, regardless of the number of occurrences including such property that you of loss or damage or the number of newly acquire, at any location premises, locations or computer you acquire other than at fairs, systems involved. If loss payment on the trade shows or exhibitions; or first occurrence does not exhaust this amount, then the balance is available for (ii) Business personal property, subsequent loss or damage sustained in including such property that you but not after that policy year. With newly acquire, located at your respect to an occurrence which begins newly constructed or acquired in one policy year and continues or buildings at the location results in additional loss or damage in a described in the Declarations. subsequent policy year(s), all loss or The most we will pay for loss or damage is deemed to be sustained in damage under this Extension is the policy year in which the occurrence $100,000 at each building. began. (b) This Extension does not apply to: 5. Coverage Extensions (i) Personal property of others that Except as otherwise provided, the following is temporarily in your possession Extensions apply to property located in or on in the course of installing or the building described in the Declarations or in performing work on such the open (or in a vehicle) within 100 feet of the property; or described premises. (ii) Personal property of others that If a Coinsurance percentage of 80% or more, is temporarily in your possession or a Value Reporting period symbol, is shown in the course of your in the Declarations, you may extend the manufacturing or wholesaling insurance provided by this Coverage Part as activities. follows: (3) Period Of Coverage a. Newly Acquired Or Constructed With respect to insurance provided Property under this Coverage Extension for (1) Buildings Newly Acquired Or Constructed If this policy covers Building, you may Property, coverage will end when any of extend that insurance to apply to: the following first occurs: (a) Your new buildings while being built (a) This policy expires; on the described premises; and (b) 30 days expire after you acquire the (b) Buildings you acquire at locations, property or begin construction of that other than the described premises, part of the building that would qualify intended for: as covered property; or (i) Similar use as the building (c) You report values to us. described in the Declarations; or We will charge you additional premium (ii) Use as a warehouse. for values reported from the date you acquire the property or begin The most we will pay for loss or damage construction of that part of the building under this Extension is $250,000 at that would qualify as covered property. each building. CP 00 10 10 12 © Insurance Services Office, Inc.,2011 Page 7of 16 b. Personal Effects And Property Of Others d. Property Off-premises You may extend the insurance that applies (1) You may extend the insurance provided to Your Business Personal Property to by this Coverage Form to apply to your apply to: Covered Property while it is away from the described premises, if it is: (1) Personal effects owned by you, your officers, your partners or members, your (a) Temporarily at a location you do not managers or your employees. This own, lease or operate; Extension does not apply to loss or (b) In storage at a location you lease, damage by theft. provided the lease was executed (2) Personal property of others in your care, after the beginning of the current custody or control. policy term; or The most we will pay for loss or damage (c) At any fair, trade show or exhibition. under this Extension is $2,500 at each (2) This Extension does not apply to described premises. Our payment for loss property: of or damage to personal property of others (a) In or on a vehicle;or will only be for the account of the owner of the property. (b) In the care, custody or control of your salespersons, unless the c. Valuable Papers And Records (Other property is in such care, custody or Than Electronic Data) control at a fair, trade show or (1) You may extend the insurance that exhibition. applies to Your Business Personal (3) The most we will pay for loss or damage Property to apply to the cost to replace under this Extension is $10,000. or restore the lost information on valuable papers and records for which e. Outdoor Property duplicates do not exist. But this You may extend the insurance provided by Extension does not apply to valuable this Coverage Form to apply to your papers and records which exist as outdoor fences, radio and television electronic data. Electronic data has the antennas (including satellite dishes), trees, meaning described under Property Not shrubs and plants (other than trees, shrubs Covered, Electronic Data. or plants which are "stock" or are part of a (2) If the Causes Of Loss – Special Form vegetated roof), including debris removal applies, coverage under this Extension expense, caused by or resulting from any of is limited to the "specified causes of the following causes of loss if they are loss" as defined in that form and Covered Causes of Loss: Collapse as set forth in that form. (1) Fire; (3) If the Causes Of Loss – Broad Form (2) Lightning; applies, coverage under this Extension (3) Explosion; includes Collapse as set forth in that form. (4)Riot or Civil Commotion; or (4) Under this Extension, the most we will (5) Aircraft. pay to replace or restore the lost The most we will pay for loss or damage information is $2,500 at each described under this Extension is $1,000, but not premises, unless a higher limit is shown more than $250 for any one tree, shrub or in the Declarations. Such amount is plant. These limits apply to any one additional insurance. We will also pay occurrence, regardless of the types or for the cost of blank material for number of items lost or damaged in that reproducing the records (whether or not occurrence. duplicates exist) and (when there is a duplicate) for the cost of labor to transcribe or copy the records. The costs of blank material and labor are subject to the applicable Limit of Insurance on Your Business Personal Property and, therefore, coverage of such costs is not additional insurance. Page 8 of 16 © Insurance Services Office, Inc.,2011 CP 00 10 10 12 Subject to all aforementioned terms and (2) If the applicable Covered Causes of limitations of coverage, this Coverage Loss form or endorsement contains a Extension includes the expense of limitation or exclusion concerning loss or removing from the described premises the damage from sand, dust, sleet, snow, debris of trees, shrubs and plants which are ice or rain to property in a structure, the property of others, except in the such limitation or exclusion also applies situation in which you are a tenant and such to property in a portable storage unit. property is owned by the landlord of the (3) Coverage under this Extension: described premises. (a) Will end 90 days after the business f. Non-owned Detached Trailers personal property has been placed in (1) You may extend the insurance that the storage unit; applies to Your Business Personal (b) Does not apply if the storage unit Property to apply to loss or damage to itself has been in use at the trailers that you do not own, provided described premises for more than 90 that: consecutive days, even if the (a) The trailer is used in your business; business personal property has been stored there for 90 or fewer days as (b) The trailer is in your care, custody or of the time of loss or damage. control at the premises described in the Declarations; and (4) Under this Extension, the most we will pay for the total of all loss or damage to (c) You have a contractual responsibility business personal property is $10,000 to pay for loss or damage to the (unless a higher limit is indicated in the trailer. Declarations for such Extension) (2) We will not pay for any loss or damage regardless of the number of storage that occurs: units. Such limit is part of, not in addition to, the applicable Limit of Insurance on (a) While the trailer is attached to any Your Business Personal Property. motor vehicle or motorized Therefore, payment under this conveyance, whether or not the Extension will not increase the motor vehicle or motorized applicable Limit of Insurance on Your conveyance is in motion; Business Personal Property. (b) During hitching or unhitching (5) This Extension does not apply to loss or operations, or when a trailer damage otherwise covered under this becomes accidentally unhitched from Coverage Form or any endorsement to a motor vehicle or motorized this Coverage Form or policy, and does conveyance. not apply to loss or damage to the (3) The most we will pay for loss or damage storage unit itself. under this Extension is $5,000, unless a Each of these Extensions is additional higher limit is shown in the Declarations. insurance unless otherwise indicated. The (4) This insurance is excess over the Additional Condition, Coinsurance, does not amount due (whether you can collect on apply to these Extensions. it or not) from any other insurance B. Exclusions And Limitations covering such property. See applicable Causes Of Loss form as shown in g. Business Personal Property Temporarily the Declarations. In Portable Storage Units C. Limits Of Insurance (1) You may extend the insurance that applies to Your Business Personal The most we will pay for loss or damage in any Property to apply to such property while one occurrence is the applicable Limit Of temporarily stored in a portable storage Insurance shown in the Declarations. unit (including a detached trailer) The most we will pay for loss or damage to located within 100 feet of the building or outdoor signs, whether or not the sign is attached structure described in the Declarations to a building, is $2,500 per sign in any one or within 100 feet of the premises occurrence. described in the Declarations, whichever distance is greater. CP 00 10 10 12 © Insurance Services Office, Inc.,2011 Page 9of 16 The amounts of insurance stated in the following Total amount of loss payable: Additional Coverages apply in accordance with the $59,850 + $80,000 = $139,850 terms of such coverages and are separate from Example 2 the Limit(s) Of Insurance shown in the Declarations for any other coverage: (This example, too, assumes there is no Coinsurance penalty.) 1. Fire Department Service Charge; The Deductible and Limits of Insurance are the same 2. Pollutant Clean-up And Removal; as those in Example 1. 3. Increased Cost Of Construction; and Loss to Building 1: $70,000 4. Electronic Data. (Exceeds Limit of Insurance plus Deductible) Payments under the Preservation Of Property Additional Coverage will not increase the Loss to Building 2:$90,000 applicable Limit of Insurance. (Exceeds Limit of Insurance plus Deductible) D. Deductible Loss Payable –Building 1: $60,000 In any one occurrence of loss or damage (Limit of Insurance) (hereinafter referred to as loss), we will first reduce Loss Payable – Building 2: $80,000 the amount of loss if required by the Coinsurance (Limit of Insurance) Condition or the Agreed Value Optional Coverage. Total amount of loss payable: $140,000 If the adjusted amount of loss is less than or equal to the Deductible, we will not pay for that loss. If E. Loss Conditions the adjusted amount of loss exceeds the The following conditions apply in addition to the Deductible, we will then subtract the Deductible Common Policy Conditions and the Commercial from the adjusted amount of loss and will pay the Property Conditions: resulting amount or the Limit of Insurance, whichever is less. 1. Abandonment When the occurrence involves loss to more than There can be no abandonment of any property one item of Covered Property and separate Limits to us. of Insurance apply, the losses will not be 2. Appraisal combined in determining application of the If we and you disagree on the value of the Deductible. But the Deductible will be applied only property or the amount of loss, either may once per occurrence. make written demand for an appraisal of the Example 1 loss. In this event, each party will select a (This example assumes there is no Coinsurance competent and impartial appraiser. The two penalty.) appraisers will select an umpire. If they cannot agree, either may request that selection be Deductible: $250 made by a judge of a court having jurisdiction. The appraisers will state separately the value Limit of Insurance – Building 1: $60,000 of the property and amount of loss. If they fail Limit of Insurance – Building 2: $80,000 to agree, they will submit their differences to Loss to Building 1: $60,100 the umpire. A decision agreed to by any two Loss to Building 2: $90,000 will be binding. Each party will: a. Pay its chosen appraiser; and The amount of loss to Building 1 ($60,100) is less than the sum ($60,250) of the Limit of Insurance b. Bear the other expenses of the appraisal applicable to Building 1 plus the Deductible. and umpire equally. The Deductible will be subtracted from the amount of If there is an appraisal, we will still retain our loss in calculating the loss payable for Building 1: right to deny the claim. $ 60,100 3. Duties In The Event Of Loss Or Damage – 250 a. You must see that the following are done in the event of loss or damage to Covered $ 59,850 Loss Payable – Building 1 Property: The Deductible applies once per occurrence and (1) Notify the police if a law may have been therefore is not subtracted in determining the amount broken. of loss payable for Building 2. Loss payable for Building 2 is the Limit of Insurance of $80,000. Page 10 of 16 © Insurance Services Office, Inc.,2011 CP 00 10 10 12 (2) Give us prompt notice of the loss or 4. Loss Payment damage. Include a description of the a. In the event of loss or damage covered by property involved. this Coverage Form, at our option, we will (3) As soon as possible, give us a either: description of how, when and where the (1) Pay the value of lost or damaged loss or damage occurred. property; (4) Take all reasonable steps to protect the (2) Pay the cost of repairing or replacing the Covered Property from further damage, lost or damaged property, subject to b. and keep a record of your expenses below; necessary to protect the Covered (3) Take all or any part of the property at an Property, for consideration in the agreed or appraised value; or settlement of the claim. This will not increase the Limit of Insurance. (4) Repair, rebuild or replace the property However, we will not pay for any with other property of like kind and subsequent loss or damage resulting quality, subject to b. below. from a cause of loss that is not a We will determine the value of lost or Covered Cause of Loss. Also, if damaged property, or the cost of its repair feasible, set the damaged property or replacement, in accordance with the aside and in the best possible order for applicable terms of the Valuation Condition examination. in this Coverage Form or any applicable (5) At our request, give us complete provision which amends or supersedes the inventories of the damaged and Valuation Condition. undamaged property. Include quantities, b. The cost to repair, rebuild or replace does costs, values and amount of loss not include the increased cost attributable claimed. to enforcement of or compliance with any (6) As often as may be reasonably required, ordinance or law regulating the permit us to inspect the property proving construction, use or repair of any property. the loss or damage and examine your c. We will give notice of our intentions within books and records. 30 days after we receive the sworn proof of Also, permit us to take samples of loss. damaged and undamaged property for d. We will not pay you more than your inspection, testing and analysis, and financial interest in the Covered Property. permit us to make copies from your e. We may adjust losses with the owners of books and records. lost or damaged property if other than you. (7) Send us a signed, sworn proof of loss If we pay the owners, such payments will containing the information we request to satisfy your claims against us for the investigate the claim. You must do this owners' property. We will not pay the within 60 days after our request. We will owners more than their financial interest in supply you with the necessary forms. the Covered Property. (8) Cooperate with us in the investigation or f. We may elect to defend you against suits settlement of the claim. arising from claims of owners of property. b. We may examine any insured under oath, We will do this at our expense. while not in the presence of any other g. We will pay for covered loss or damage insured and at such times as may be within 30 days after we receive the sworn reasonably required, about any matter proof of loss, if you have complied with all relating to this insurance or the claim, of the terms of this Coverage Part, and: including an insured's books and records. In ave reached agreement with you (1) We h the event of an examination, an insured's on the amount of loss; or answers must be signed. (2) An appraisal award has been made. CP 00 10 10 12 © Insurance Services Office, Inc.,2011 Page 11of 16 h. A party wall is a wall that separates and is (b) When this policy is issued to the common to adjoining buildings that are owner or general lessee of a owned by different parties. In settling building, building means the entire covered losses involving a party wall, we building. Such building is vacant will pay a proportion of the loss to the party unless at least 31% of its total wall based on your interest in the wall in square footage is: proportion to the interest of the owner of the (i) Rented to a lessee or sublessee adjoining building. However, if you elect to and used by the lessee or repair or replace your building and the sublessee to conduct its owner of the adjoining building elects not to customary operations; and/or repair or replace that building, we will pay (ii) Used by the building owner to you the full value of the loss to the party conduct customary operations. wall, subject to all applicable policy provisions including Limits of Insurance, the (2) Buildings under construction or Valuation and Coinsurance Conditions and renovation are not considered vacant. all other provisions of this Loss Payment b. Vacancy Provisions Condition. Our payment under the If the building where loss or damage occurs provisions of this paragraph does not alter has been vacant for more than 60 any right of subrogation we may have consecutive days before that loss or against any entity, including the owner or damage occurs: insurer of the adjoining building, and does not alter the terms of the Transfer Of Rights (1) We will not pay for any loss or damage Of Recovery Against Others To Us caused by any of the following, even if Condition in this policy. they are Covered Causes of Loss: 5. Recovered Property (a) Vandalism; If either you or we recover any property after (b) Sprinkler leakage, unless you have loss settlement, that party must give the other protected the system against prompt notice. At your option, the property will freezing; be returned to you. You must then return to us (c) Building glass breakage; the amount we paid to you for the property. We (d) Water damage; will pay recovery expenses and the expenses to repair the recovered property, subject to the (e) Theft; or Limit of Insurance. (f) Attempted theft. 6. Vacancy (2) With respect to Covered Causes of Loss a. Description Of Terms other than those listed in b.(1)(a) through b.(1)(f) above, we will reduce (1) As used in this Vacancy Condition, the the amount we would otherwise pay for term building and the term vacant have the loss or damage by 15%. the meanings set forth in (1)(a) and (1)(b) below: 7. Valuation (a) When this policy is issued to a We will determine the value of Covered tenant, and with respect to that Property in the event of loss or damage as tenant's interest in Covered Property, follows: building means the unit or suite a. At actual cash value as of the time of loss rented or leased to the tenant. Such or damage, except as provided in b., c., d. building is vacant when it does not w. and e. belo contain enough business personal property to conduct customary b. If the Limit of Insurance for Building operations. satisfies the Additional Condition, Coinsurance, and the cost to repair or replace the damaged building property is $2,500 or less, we will pay the cost of building repairs or replacement. Page 12 of 16 © Insurance Services Office, Inc.,2011 CP 00 10 10 12 The cost of building repairs or replacement Instead, we will determine the most we will does not include the increased cost pay using the following steps: attributable to enforcement of or (1) Multiply the value of Covered Property compliance with any ordinance or law at the time of loss by the Coinsurance regulating the construction, use or repair of percentage; any property. (2) Divide the Limit of Insurance of the However, the following property will be property by the figure determined in valued at the actual cash value, even when Step (1); attached to the building: (3) Multiply the total amount of loss, before (1) Awnings or floor coverings; the application of any deductible, by the (2) Appliances for refrigerating, ventilating, figure determined in Step (2); and cooking, dishwashing or laundering; or (4) Subtract the deductible from the figure (3) Outdoor equipment or furniture. determined in Step (3). c. "Stock" you have sold but not delivered at We will pay the amount determined in Step the selling price less discounts and (4) or the Limit of Insurance, whichever is expenses you otherwise would have had. less. For the remainder, you will either have to rely on other insurance or absorb the d. Glass at the cost of replacement with loss yourself. safety-glazing material if required by law. Example 1 (Underinsurance) e. Tenants' Improvements and Betterments at: (1) Actual cash value of the lost or When:The value of the property is: $250,000 damaged property if you make repairs The Coinsurance percentage promptly. for it is: 80% (2) A proportion of your original cost if you The Limit of Insurance for it is:$100,000 do not make repairs promptly. We will The Deductible is: $250 determine the proportionate value as The amount of loss is: $40,000 follows: Step (1): (a) Multiply the original cost by the $250,000 x 80% = $200,000 number of days from the loss or (the minimum amount of insurance to damage to the expiration of the meet your Coinsurance requirements) lease; and Step (2):$100,000 ø$200,000 = .50 (b) Divide the amount determined in (a) Step (3):$40,000 x .50 = $20,000 above by the number of days from Step (4): $20,000 – $250 = $19,750 the installation of improvements to the expiration of the lease. We will pay no more than $19,750. The remaining $20,250 is not covered. If your lease contains a renewal option, the expiration of the renewal option Example 2 (Adequate Insurance) period will replace the expiration of the When:The value of the property is: $250,000 lease in this procedure. The Coinsurance percentage (3) Nothing if others pay for repairs or for it is:80% replacement. The Limit of Insurance for it is:$200,000 F. Additional Conditions The Deductible is: $250 The following conditions apply in addition to the The amount of loss is: $40,000 Common Policy Conditions and the Commercial Property Conditions: The minimum amount of insurance to meet your 1. Coinsurance Coinsurance requirement is $200,000 ($250,000 x 80%). Therefore, the Limit of Insurance in this If a Coinsurance percentage is shown in the example is adequate, and no penalty applies. We will Declarations, the following condition applies: pay no more than $39,750 ($40,000 amount of loss a. We will not pay the full amount of any loss if minus the deductible of $250). the value of Covered Property at the time of loss times the Coinsurance percentage shown for it in the Declarations is greater than the Limit of Insurance for the property. CP 00 10 10 12 © Insurance Services Office, Inc.,2011 Page 13of 16 b. If one Limit of Insurance applies to two or (2) Submits a signed, sworn proof of loss more separate items, this condition will within 60 days after receiving notice apply to the total of all property to which the from us of your failure to do so; and limit applies. (3) Has notified us of any change in ownership, occupancy or substantial Example 3 change in risk known to the When: The value of the property is: mortgageholder. Building at Location 1: $75,000 All of the terms of this Coverage Part will Building at Location 2: $100,000then apply directly to the mortgageholder. Personal Property e. If we pay the mortgageholder for any loss at Location 2: $75,000 or damage and deny payment to you because of your acts or because you have $250,000 failed to comply with the terms of this The Coinsurance percentage Coverage Part: for it is: 90% (1) The mortgageholder's rights under the The Limit of Insurance for mortgage will be transferred to us to the Buildings and Personal Property extent of the amount we pay; and at Locations 1 and 2 is: $180,000 (2) The mortgageholder's right to recover The Deductible is: $1,000 the full amount of the mortgageholder's The amount of loss is: claim will not be impaired. Building at Location 2: $30,000 At our option, we may pay to the Personal Property mortgageholder the whole principal on the at Location 2: $20,000 mortgage plus any accrued interest. In this event, your mortgage and note will be $50,000 transferred to us and you will pay your Step (1): $250,000 x 90% = $225,000 remaining mortgage debt to us. (the minimum amount of insurance to f. If we cancel this policy, we will give written meet your Coinsurance requirements notice to the mortgageholder at least: and to avoid the penalty shown below) (1) 10 days before the effective date of Step (2): $180,000 ø $225,000 = .80 cancellation if we cancel for your Step (3): $50,000 x .80 = $40,000 nonpayment of premium; or Step (4): $40,000 – $1,000 = $39,000 (2) 30 days before the effective date of We will pay no more than $39,000. The remaining cancellation if we cancel for any other $11,000 is not covered. reason. 2. Mortgageholders g. If we elect not to renew this policy, we will give written notice to the mortgageholder at a. The term mortgageholder includes trustee. least 10 days before the expiration date of b. We will pay for covered loss of or damage this policy. to buildings or structures to each G. Optional Coverages mortgageholder shown in the Declarations in their order of precedence, as interests If shown as applicable in the Declarations, the may appear. following Optional Coverages apply separately to each item: c. The mortgageholder has the right to receive loss payment even if the mortgageholder 1. Agreed Value has started foreclosure or similar action on a. The Additional Condition, Coinsurance, the building or structure. does not apply to Covered Property to d. If we deny your claim because of your acts which this Optional Coverage applies. We or because you have failed to comply with will pay no more for loss of or damage to the terms of this Coverage Part, the that property than the proportion that the mortgageholder will still have the right to Limit of Insurance under this Coverage Part receive loss payment if the mortgageholder: for the property bears to the Agreed Value shown for it in the Declarations. (1) Pays any premium due under this Coverage Part at our request if you have failed to do so; Page 14 of 16 © Insurance Services Office, Inc.,2011 CP 00 10 10 12 b. If the expiration date for this Optional (4) "Stock", unless the Including "Stock" Coverage shown in the Declarations is not option is shown in the Declarations. extended, the Additional Condition, Under the terms of this Replacement Cost Coinsurance, is reinstated and this Optional Optional Coverage, tenants' improvements Coverage expires. and betterments are not considered to be c. The terms of this Optional Coverage apply the personal property of others. only to loss or damage that occurs: c. You may make a claim for loss or damage (1) On or after the effective date of this covered by this insurance on an actual cash Optional Coverage; and value basis instead of on a replacement cost basis. In the event you elect to have (2) Before the Agreed Value expiration date loss or damage settled on an actual cash shown in the Declarations or the policy value basis, you may still make a claim for expiration date, whichever occurs first. the additional coverage this Optional 2. Inflation Guard Coverage provides if you notify us of your intent to do so within 180 days after the loss a. The Limit of Insurance for property to which or damage. this Optional Coverage applies will automatically increase by the annual d. We will not pay on a replacement cost basis percentage shown in the Declarations. for any loss or damage: b. The amount of increase will be: (1) Until the lost or damaged property is actually repaired or replaced; and (1) The Limit of Insurance that applied on the most recent of the policy inception (2) Unless the repair or replacement is date, the policy anniversary date, or any made as soon as reasonably possible other policy change amending the Limit after the loss or damage. of Insurance, times With respect to tenants' improvements and (2) The percentage of annual increase betterments, the following also apply: shown in the Declarations, expressed as (3) If the conditions in d.(1) and d.(2)above a decimal (example: 8% is .08), times are not met, the value of tenants' (3) The number of days since the beginning improvements and betterments will be of the current policy year or the effective determined as a proportion of your date of the most recent policy change original cost, as set forth in the amending the Limit of Insurance, divided Valuation Loss Condition of this by 365. Coverage Form; and Example (4) We will not pay for loss or damage to tenants' improvements and betterments If: The applicable Limit of Insurance is: $100,000 if others pay for repairs or replacement. The annual percentage increase is: 8% e. We will not pay more for loss or damage on The number of days since the acement cost basis than the least of a repl beginning of the policy year (1), (2) or (3), subject to f. below: (or last policy change) is: 146 (1) The Limit of Insurance applicable to the The amount of increase is: lost or damaged property; $100,000 x .08 x 146 ø 365 = $3,200 (2) The cost to replace the lost or damaged 3. Replacement Cost property with other property: a. Replacement Cost (without deduction for (a) Of comparable material and quality; depreciation) replaces Actual Cash Value in and the Valuation Loss Condition of this (b) Used for the same purpose; or Coverage Form. (3) The amount actually spent that is b. This Optional Coverage does not apply to: necessary to repair or replace the lost or (1) Personal property of others; damaged property. (2) Contents of a residence; If a building is rebuilt at a new premises, the cost described in e.(2) above is limited to (3) Works of art, antiques or rare articles, the cost which would have been incurred if including etchings, pictures, statuary, the building had been rebuilt at the original marbles, bronzes, porcelains and bric-a- premises. brac; or CP 00 10 10 12 © Insurance Services Office, Inc.,2011 Page 15of 16 f. The cost of repair or replacement does not H. Definitions include the increased cost attributable to 1. "Fungus" means any type or form of fungus, enforcement of or compliance with any including mold or mildew, and any mycotoxins, ordinance or law regulating the spores, scents or by-products produced or construction, use or repair of any property. released by fungi. 4. Extension Of Replacement Cost To 2. "Pollutants" means any solid, liquid, gaseous or Personal Property Of Others thermal irritant or contaminant, including a. If the Replacement Cost Optional Coverage smoke, vapor, soot, fumes, acids, alkalis, is shown as applicable in the Declarations, chemicals and waste. Waste includes materials then this Extension may also be shown as to be recycled, reconditioned or reclaimed. applicable. If the Declarations show this 3. "Stock" means merchandise held in storage or Extension as applicable, then Paragraph for sale, raw materials and in-process or 3.b.(1)of the Replacement Cost Optional finished goods, including supplies used in their Coverage is deleted and all other provisions packing or shipping. of the Replacement Cost Optional Coverage apply to replacement cost on personal property of others. b. With respect to replacement cost on the personal property of others, the following limitation applies: If an item(s) of personal property of others is subject to a written contract which governs your liability for loss or damage to that item(s), then valuation of that item(s) will be based on the amount for which you are liable under such contract, but not to exceed the lesser of the replacement cost of the property or the applicable Limit of Insurance. Page 16 of 16 © Insurance Services Office, Inc.,2011 CP 00 10 10 12 IL 00 03 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added: The premium shown in the Declarations was com- puted based on rates in effect at the time the policy was issued. On each renewal, continuation, or anni- versary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. IL 00 03 09 08 © ISO Properties, Inc., 2007 Page 1 of 1 COMMERCIAL PROPERTY CP 00 30 10 12 BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section F.Definitions. A. Coverage With respect to the requirements set forth in the preceding paragraph, if you occupy only 1. Business Income part of a building, your premises means: Business Income means the: (a) The portion of the building which you a. Net Income (Net Profit or Loss before rent, lease or occupy; income taxes) that would have been earned (b) The area within 100 feet of the or incurred; and building or within 100 feet of the b.Continuing normal operating expenses premises described in the incurred, including payroll. Declarations, whichever distance is greater (with respect to loss of or For manufacturing risks, Net Income includes damage to personal property in the the net sales value of production. open or personal property in a Coverage is provided as described and limited vehicle); and below for one or more of the following options (c) Any area within the building or at the for which a Limit Of Insurance is shown in the described premises, if that area Declarations: services, or is used to gain access (1) Business Income Including "Rental to, the portion of the building which Value". you rent, lease or occupy. (2) Business Income Other Than "Rental 2. Extra Expense Value". a. Extra Expense Coverage is provided at the (3) "Rental Value". premises described in the Declarations only If option (1) above is selected, the term if the Declarations show that Business Business Income will include "Rental Value". If Income Coverage applies at that premises. option (3) above is selected, the term Business b. Extra Expense means necessary expenses Income will mean "Rental Value" only. you incur during the "period of restoration" If Limits of Insurance are shown under more that you would not have incurred if there than one of the above options, the provisions had been no direct physical loss or damage of this Coverage Part apply separately to each. to property caused by or resulting from a Covered Cause of Loss. We will pay for the actual loss of Business Income you sustain due to the necessary We will pay Extra Expense (other than the "suspension" of your "operations" during the expense to repair or replace property) to: "period of restoration". The "suspension" must (1) Avoid or minimize the "suspension" of be caused by direct physical loss of or damage business and to continue operations at to property at premises which are described in the described premises or at the Declarations and for which a Business replacement premises or temporary Income Limit Of Insurance is shown in the locations, including relocation expenses Declarations. The loss or damage must be and costs to equip and operate the caused by or result from a Covered Cause of replacement location or temporary Loss. With respect to loss of or damage to location. personal property in the open or personal property in a vehicle, the described premises include the area within 100 feet of such premises. CP 00 30 10 12 © Insurance Services Office, Inc.,2011 Page 1of 9 (2) Minimize the "suspension" of business if 5. Additional Coverages you cannot continue "operations". a. Civil Authority We will also pay Extra Expense to repair or In this Additional Coverage, Civil Authority, replace property, but only to the extent it the described premises are premises to reduces the amount of loss that otherwise which this Coverage Form applies, as would have been payable under this shown in the Declarations. Coverage Form. When a Covered Cause of Loss causes 3. Covered Causes Of Loss, Exclusions And damage to property other than property at Limitations the described premises, we will pay for the See applicable Causes Of Loss form as shown actual loss of Business Income you sustain in the Declarations. and necessary Extra Expense caused by action of civil authority that prohibits access 4. Additional Limitation – Interruption Of to the described premises, provided that Computer Operations both of the following apply: a. Coverage for Business Income does not (1) Access to the area immediately apply when a "suspension" of "operations" surrounding the damaged property is is caused by destruction or corruption of prohibited by civil authority as a result of electronic data, or any loss or damage to the damage, and the described electronic data, except as provided under premises are within that area but are not the Additional Coverage, Interruption Of more than one mile from the damaged Computer Operations. property; and b. Coverage for Extra Expense does not apply (2) The action of civil authority is taken in when action is taken to avoid or minimize a response to dangerous physical "suspension" of "operations" caused by conditions resulting from the damage or destruction or corruption of electronic data, continuation of the Covered Cause of or any loss or damage to electronic data, Loss that caused the damage, or the except as provided under the Additional action is taken to enable a civil authority Coverage, Interruption Of Computer to have unimpeded access to the Operations. damaged property. c. Electronic data means information, facts or Civil Authority Coverage for Business computer programs stored as or on, Income will begin 72 hours after the time of created or used on, or transmitted to or the first action of civil authority that prohibits from computer software (including systems access to the described premises and will and applications software), on hard or apply for a period of up to four consecutive floppy disks, CD-ROMs, tapes, drives, cells, weeks from the date on which such data processing devices or any other coverage began. repositories of computer software which are used with electronically controlled Civil Authority Coverage for Extra Expense equipment. The term computer programs, will begin immediately after the time of the referred to in the foregoing description of first action of civil authority that prohibits electronic data, means a set of related access to the described premises and will electronic instructions which direct the end: operations and functions of a computer or (1) Four consecutive weeks after the date device connected to it, which enable the of that action; or computer or device to receive, process, (2) When your Civil Authority Coverage for store, retrieve or send data. Business Income ends; d. This Additional Limitation does not apply whichever is later. when loss or damage to electronic data involves only electronic data which is integrated in and operates or controls a building's elevator, lighting, heating, ventilation, air conditioning or security system. Page 2 of 9 © Insurance Services Office, Inc.,2011 CP 00 30 10 12 b. Alterations And New Buildings However, Extended Business Income does not apply to loss of Business We will pay for the actual loss of Business Income incurred as a result of Income you sustain and necessary Extra unfavorable business conditions caused Expense you incur due to direct physical by the impact of the Covered Cause of loss or damage at the described premises Loss in the area where the described caused by or resulting from any Covered premises are located. Cause of Loss to: Loss of Business Income must be (1) New buildings or structures, whether caused by direct physical loss or complete or under construction; damage at the described premises (2) Alterations or additions to existing caused by or resulting from any Covered buildings or structures; and Cause of Loss. (3) Machinery, equipment, supplies or (2) "Rental Value" building materials located on or within If the necessary "suspension" of your 100 feet of the described premises and: "operations" produces a "Rental Value" (a) Used in the construction, alterations loss payable under this policy, we will or additions; or pay for the actual loss of "Rental Value" you incur during the period that: (b) Incidental to the occupancy of new buildings. (a) Begins on the date property is actually repaired, rebuilt or replaced If such direct physical loss or damage and tenantability is restored; and delays the start of "operations", the "period of restoration" for Business Income (b) Ends on the earlier of: Coverage will begin on the date (i) The date you could restore tenant "operations" would have begun if the direct occupancy, with reasonable physical loss or damage had not occurred. speed, to the level which would c. Extended Business Income generate the "Rental Value" that would have existed if no direct (1) Business Income Other Than "Rental physical loss or damage had Value" occurred; or If the necessary "suspension" of your (ii) 60 consecutive days after the "operations" produces a Business date determined in (2)(a) above. Income loss payable under this policy, we will pay for the actual loss of However, Extended Business Income Business Income you incur during the does not apply to loss of "Rental Value" period that: incurred as a result of unfavorable business conditions caused by the (a) Begins on the date property (except impact of the Covered Cause of Loss in "finished stock") is actually repaired, the area where the described premises rebuilt or replaced and "operations" are located. are resumed; and Loss of "Rental Value" must be caused (b) Ends on the earlier of: by direct physical loss or damage at the (i) The date you could restore your described premises caused by or "operations", with reasonable resulting from any Covered Cause of speed, to the level which would Loss. generate the business income d. Interruption Of Computer Operations amount that would have existed if no direct physical loss or damage (1) Under this Additional Coverage, had occurred; or electronic data has the meaning described under Additional Limitation – (ii) 60 consecutive days after the Interruption Of Computer Operations. date determined in (1)(a) above. CP 00 30 10 12 © Insurance Services Office, Inc.,2011 Page 3of 9 (2) Subject to all provisions of this (4) The most we will pay under this Additional Coverage, you may extend Additional Coverage, Interruption Of the insurance that applies to Business Computer Operations, is $2,500 (unless Income and Extra Expense to apply to a a higher limit is shown in the "suspension" of "operations" caused by Declarations) for all loss sustained and an interruption in computer operations expense incurred in any one policy year, due to destruction or corruption of regardless of the number of electronic data due to a Covered Cause interruptions or the number of premises, of Loss. However, we will not provide locations or computer systems involved. coverage under this Additional If loss payment relating to the first Coverage when the Additional Limitation interruption does not exhaust this – Interruption Of Computer Operations amount, then the balance is available for does not apply based on Paragraph loss or expense sustained or incurred as A.4.d. therein. a result of subsequent interruptions in that policy year. A balance remaining at (3) With respect to the coverage provided the end of a policy year does not under this Additional Coverage, the increase the amount of insurance in the Covered Causes of Loss are subject to next policy year. With respect to any the following: interruption which begins in one policy (a) If the Causes Of Loss – Special year and continues or results in Form applies, coverage under this additional loss or expense in a Additional Coverage, Interruption Of subsequent policy year(s), all loss and Computer Operations, is limited to expense is deemed to be sustained or the "specified causes of loss" as incurred in the policy year in which the defined in that form and Collapse as interruption began. set forth in that form. (5) This Additional Coverage, Interruption (b) If the Causes Of Loss – Broad Form Of Computer Operations, does not apply applies, coverage under this to loss sustained or expense incurred Additional Coverage, Interruption Of after the end of the "period of Computer Operations, includes restoration", even if the amount of Collapse as set forth in that form. insurance stated in (4) above has not been exhausted. (c) If the Causes Of Loss form is endorsed to add a Covered Cause of 6. Coverage Extension Loss, the additional Covered Cause If a Coinsurance percentage of 50% or more is of Loss does not apply to the shown in the Declarations, you may extend the coverage provided under this insurance provided by this Coverage Part as Additional Coverage, Interruption Of follows: Computer Operations. Newly Acquired Locations (d) The Covered Causes of Loss include avirus, harmful code or similar a. You may extend your Business Income and instruction introduced into or enacted Extra Expense Coverages to apply to on a computer system (including property at any location you acquire other electronic data) or a network to than fairs or exhibitions. which it is connected, designed to b. The most we will pay under this Extension, damage or destroy any part of the for the sum of Business Income loss and system or disrupt its normal Extra Expense incurred, is $100,000 at operation. But there is no coverage each location, unless a higher limit is shown for an interruption related to in the Declarations. manipulation of a computer system c. Insurance under this Extension for each (including electronic data) by any newly acquired location will end when any employee, including a temporary or of the following first occurs: leased employee, or by an entity retained by you or for you to inspect, (1) This policy expires; design, install, maintain, repair or replace that system. Page 4 of 9 © Insurance Services Office, Inc.,2011 CP 00 30 10 12 (2) 30 days expire after you acquire or 2. Duties In The Event Of Loss begin to construct the property; or a. You must see that the following are done in (3) You report values to us. the event of loss: We will charge you additional premium for (1) Notify the police if a law may have been values reported from the date you acquire broken. the property. (2) Give us prompt notice of the direct The Additional Condition, Coinsurance, does physical loss or damage. Include a not apply to this Extension. description of the property involved. B. Limits Of Insurance (3) As soon as possible, give us a description of how, when and where the The most we will pay for loss in any one direct physical loss or damage occurred. occurrence is the applicable Limit Of Insurance shown in the Declarations. (4) Take all reasonable steps to protect the Covered Property from further damage, Payments under the following coverages will not and keep a record of your expenses increase the applicable Limit of Insurance: necessary to protect the Covered 1. Alterations And New Buildings; Property, for consideration in the settlement of the claim. This will not 2. Civil Authority; increase the Limit of Insurance. 3. Extra Expense; or However, we will not pay for any 4. Extended Business Income. subsequent loss or damage resulting from a cause of loss that is not a The amounts of insurance stated in the Covered Cause of Loss. Also, if Interruption Of Computer Operations Additional feasible, set the damaged property Coverage and the Newly Acquired Locations aside and in the best possible order for Coverage Extension apply in accordance with the examination. terms of those coverages and are separate from the Limit(s) Of Insurance shown in the (5) As often as may be reasonably required, Declarations for any other coverage. permit us to inspect the property proving the loss or damage and examine your C. Loss Conditions books and records. The following conditions apply in addition to the Also permit us to take samples of Common Policy Conditions and the Commercial damaged and undamaged property for Property Conditions: inspection, testing and analysis, and 1. Appraisal permit us to make copies from your If we and you disagree on the amount of Net books and records. Income and operating expense or the amount (6) Send us a signed, sworn proof of loss of loss, either may make written demand for an containing the information we request to appraisal of the loss. In this event, each party investigate the claim. You must do this will select a competent and impartial appraiser. within 60 days after our request. We will The two appraisers will select an umpire. If supply you with the necessary forms. they cannot agree, either may request that (7) Cooperate with us in the investigation or selection be made by a judge of a court having settlement of the claim. jurisdiction. The appraisers will state separately (8) If you intend to continue your business, the amount of Net Income and operating you must resume all or part of your expense or amount of loss. If they fail to agree, "operations" as quickly as possible. they will submit their differences to the umpire. A decision agreed to by any two will be b. We may examine any insured under oath, binding. Each party will: while not in the presence of any other insured and at such times as may be a. Pay its chosen appraiser; and reasonably required, about any matter b. Bear the other expenses of the appraisal relating to this insurance or the claim, and umpire equally. including an insured's books and records. In If there is an appraisal, we will still retain our the event of an examination, an insured's right to deny the claim. answers must be signed. CP 00 30 10 12 © Insurance Services Office, Inc.,2011 Page 5of 9 3. Loss Determination c. Resumption Of Operations a. The amount of Business Income loss will be We will reduce the amount of your: determined based on: (1) Business Income loss, other than Extra (1) The Net Income of the business before Expense, to the extent you can resume the direct physical loss or damage your "operations", in whole or in part, by occurred; using damaged or undamaged property (including merchandise or stock) at the (2) The likely Net Income of the business if described premises or elsewhere. no physical loss or damage had occurred, but not including any Net (2) Extra Expense loss to the extent you Income that would likely have been can return "operations" to normal and earned as a result of an increase in the discontinue such Extra Expense. volume of business due to favorable d. If you do not resume "operations", or do not business conditions caused by the resume "operations" as quickly as possible, impact of the Covered Cause of Loss on we will pay based on the length of time it customers or on other businesses; would have taken to resume "operations" as (3) The operating expenses, including quickly as possible. payroll expenses, necessary to resume 4. Loss Payment "operations" with the same quality of We will pay for covered loss within 30 days service that existed just before the direct after we receive the sworn proof of loss, if you physical loss or damage; and have complied with all of the terms of this (4) Other relevant sources of information, Coverage Part, and: including: a. We have reached agreement with you on (a) Your financial records and the amount of loss; or accounting procedures; b. An appraisal award has been made. (b) Bills, invoices and other vouchers; D. Additional Condition and COINSURANCE (c) Deeds, liens or contracts. If a Coinsurance percentage is shown in the b. The amount of Extra Expense will be Declarations, the following condition applies in determined based on: addition to the Common Policy Conditions and the (1) All expenses that exceed the normal Commercial Property Conditions. operating expenses that would have We will not pay the full amount of any Business been incurred by "operations" during the Income loss if the Limit of Insurance for Business "period of restoration" if no direct Income is less than: physical loss or damage had occurred. We will deduct from the total of such 1. The Coinsurance percentage shown for expenses: Business Income in the Declarations; times (a) The salvage value that remains of 2. The sum of: any property bought for temporary a. The Net Income (Net Profit or Loss before use during the "period of restoration", income taxes), and once "operations" are resumed; and b. Operating expenses, including payroll (b) Any Extra Expense that is paid for by expenses, other insurance, except for insurance that would have been earned or incurred (had that is written subject to the same no loss occurred) by your "operations" at the plan, terms, conditions and described premises for the 12 months following provisions as this insurance; and the inception, or last previous anniversary date, (2) Necessary expenses that reduce the of this policy (whichever is later). Business Income loss that otherwise would have been incurred. Page 6 of 9 © Insurance Services Office, Inc.,2011 CP 00 30 10 12 Instead, we will determine the most we will pay Example 1 (Underinsurance) using the following steps: When: The Net Income and operating Step (1): Multiply the Net Income and operating expenses for the 12 months expense for the 12 months following the following the inception, or last inception, or last previous anniversary previous anniversary date, of date, of this policy by the Coinsurance this policy at the described percentage; premises would have been: $400,000 Step (2): Divide the Limit of Insurance for the The Coinsurance percentage is:50% described premises by the figure The Limit of Insurance is: $150,000 determined in Step (1); and The amount of loss is: $80,000 Step (3): Multiply the total amount of loss by the Step (1): $400,000 x 50% = $200,000 figure determined in Step (2). (the minimum amount of insurance to We will pay the amount determined in Step (3) or meet your Coinsurance requirements) the limit of insurance, whichever is less. For the remainder, you will either have to rely on other Step (2): $150,000 ø $200,000 = .75 insurance or absorb the loss yourself. Step (3):$80,000 x .75 = $60,000 In determining operating expenses for the purpose We will pay no more than $60,000. The remaining of applying the Coinsurance condition, the $20,000 is not covered. following expenses, if applicable, shall be deducted from the total of all operating expenses: Example 2 (Adequate Insurance) (1) Prepaid freight – outgoing; When: The Net Income and operating (2) Returns and allowances; expenses for the 12 months following the inception, or last (3) Discounts; previous anniversary date, of (4) Bad debts; this policy at the described premises would have been: $400,000 (5) Collection expenses; The Coinsurance percentage is:50% (6) Cost of raw stock and factory supplies consumed (including transportation The Limit of Insurance is: $200,000 charges); The amount of loss is: $80,000 (7) Cost of merchandise sold (including The minimum amount of insurance to meet your transportation charges); Coinsurance requirement is $200,000 ($400,000 x (8) Cost of other supplies consumed 50%). Therefore, the Limit of Insurance in this (including transportation charges); example is adequate and no penalty applies. We will pay no more than $80,000 (amount of loss). (9) Cost of services purchased from outsiders (not employees) to resell, that This condition does not apply to Extra Expense do not continue under contract; Coverage. (10) Power, heat and refrigeration expenses E. Optional Coverages that do not continue under contract (if If shown as applicable in the Declarations, the Form CP 15 11 is attached); following Optional Coverages apply separately to (11) All payroll expenses or the amount of each item. payroll expense excluded (if Form CP 1. Maximum Period Of Indemnity 15 10 is attached); and a. The Additional Condition, Coinsurance, (12) Special deductions for mining properties does not apply to this Coverage Form at the (royalties unless specifically included in described premises to which this Optional coverage; actual depletion commonly Coverage applies. known as unit or cost depletion – not percentage depletion; welfare and retirement fund charges based on tonnage; hired trucks). CP 00 30 10 12 © Insurance Services Office, Inc.,2011 Page 7of 9 b. The most we will pay for the total of (b) Estimated for the 12 months Business Income loss and Extra Expense is immediately following the inception the lesser of: of this Optional Coverage. (1) The amount of loss sustained and (2) The Declarations must indicate that the expenses incurred during the 120 days Business Income Agreed Value Optional immediately following the beginning of Coverage applies, and an Agreed Value the "period of restoration"; or must be shown in the Declarations. The Agreed Value should be at least equal (2) The Limit Of Insurance shown in the to: Declarations. (a) The Coinsurance percentage shown 2. Monthly Limit Of Indemnity in the Declarations; multiplied by a. The Additional Condition, Coinsurance, (b) The amount of Net Income and does not apply to this Coverage Form at the operating expenses for the following described premises to which this Optional 12 months you report on the Work Coverage applies. Sheet. b. The most we will pay for loss of Business b. The Additional Condition, Coinsurance, is Income in each period of 30 consecutive suspended until: days after the beginning of the "period of restoration" is: (1) 12 months after the effective date of this Optional Coverage; or (1) The Limit of Insurance, multiplied by (2) The expiration date of this policy; (2) The fraction shown in the Declarations for this Optional Coverage. whichever occurs first. Example c. We will reinstate the Additional Condition, Coinsurance, automatically if you do not When: The Limit of Insurance is: $120,000 submit a new Work Sheet and Agreed The fraction shown in the Value: Declarations for this Optional (1) Within 12 months of the effective date of Coverage is: 1/4 this Optional Coverage; or The most we will pay for loss in (2) When you request a change in your each period of 30 consecutive Business Income Limit of Insurance. days is: $30,000 d. If the Business Income Limit of Insurance is ($120,000 x 1/4 = $30,000) less than the Agreed Value, we will not pay If, in this example, the actual more of any loss than the amount of loss amount of loss is: multiplied by: Days 1–30: $40,000 (1) The Business Income Limit of Days 31–60: $20,000 Insurance; divided by Days 61–90: $30,000 (2) The Agreed Value. $90,000 Example We will pay: When:The Limit of Insurance is: $100,000 Days 1–30: $30,000 The Agreed Value is: $200,000 Days 31–60: $20,000 The amount of loss is: $80,000 Days 61–90: $30,000 Step (1): $100,000 ø$200,000 = .50 $80,000 Step (2): .50 x $80,000 = $40,000 The remaining $10,000 is not covered. We will pay $40,000. The remaining $40,000 is not 3. Business Income Agreed Value covered. a. To activate this Optional Coverage: 4. Extended Period Of Indemnity (1) A Business Income Report/Work Sheet Under Paragraph A.5.c., Extended Business must be submitted to us and must show Income, the number 60 in Subparagraphs financial data for your "operations": (1)(b) and (2)(b) is replaced by the number (a) During the 12 months prior to the shown in the Declarations for this Optional date of the Work Sheet; and Coverage. Page 8 of 9 © Insurance Services Office, Inc.,2011 CP 00 30 10 12 F. Definitions (2) Requires any insured or others to test for, monitor, clean up, remove, contain, 1. "Finished stock" means stock you have treat, detoxify or neutralize, or in any manufactured. way respond to, or assess the effects of "Finished stock" also includes whiskey and "pollutants". alcoholic products being aged, unless there is The expiration date of this policy will not cut a Coinsurance percentage shown for Business short the "period of restoration". Income in the Declarations. 4. "Pollutants" means any solid, liquid, gaseous or "Finished stock" does not include stock you thermal irritant or contaminant, including have manufactured that is held for sale on the smoke, vapor, soot, fumes, acids, alkalis, premises of any retail outlet insured under this chemicals and waste. Waste includes materials Coverage Part. to be recycled, reconditioned or reclaimed. 2. "Operations" means: 5. "Rental Value" means Business Income that a. Your business activities occurring at the consists of: described premises; and a. Net Income (Net Profit or Loss before b. The tenantability of the described premises, income taxes) that would have been earned if coverage for Business Income Including or incurred as rental income from tenant "Rental Value" or "Rental Value" applies. occupancy of the premises described in the Declarations as furnished and equipped by 3. "Period of restoration" means the period of time you, including fair rental value of any that: portion of the described premises which is a. Begins: occupied by you; and (1) 72 hours after the time of direct physical b. Continuing normal operating expenses loss or damage for Business Income incurred in connection with that premises, Coverage; or including: (2) Immediately after the time of direct (1) Payroll; and physical loss or damage for Extra (2) The amount of charges which are the Expense Coverage; legal obligation of the tenant(s) but caused by or resulting from any Covered would otherwise be your obligations. Cause of Loss at the described premises; 6. "Suspension" means: and a. The slowdown or cessation of your b. Ends on the earlier of: business activities; or (1) The date when the property at the b. That a part or all of the described premises described premises should be repaired, is rendered untenantable, if coverage for rebuilt or replaced with reasonable Business Income Including "Rental Value" speed and similar quality; or or "Rental Value" applies. (2) The date when business is resumed at a new permanent location. "Period of restoration" does not include any increased period required due to the enforcement of or compliance with any ordinance or law that: (1) Regulates the construction, use or repair, or requires the tearing down, of any property; or CP 00 30 10 12 © Insurance Services Office, Inc.,2011 Page 9of 9 COMMERCIAL PROPERTY COMMERCIAL PROPERTY CONDITIONS This Coverage Part is subject to the following conditions, the Common Policy Conditions and applicable Loss Conditions and Additional Conditions in Commercial Property Coverage Forms. A.CONCEALMENT, MISREPRESENTATION ORF.NO BENEFIT TO BAILEE FRAUD No person or organization, other than you, having This Coverage Part is void in any case of fraud bycustody of Covered Property will benefit from this you as it relates to this Coverage Part at any time.insurance. It is also void if you or any other insured, at any G.OTHER INSURANCE time, intentionally conceal or misrepresent a ma- 1.You may have other insurance subject to the terial fact concerning: same plan, terms, conditions and provisions as 1.This Coverage Part; the insurance under this Coverage Part. If you 2.The Covered Property;do, we will pay our share of the covered loss or damage. Our share is the proportion that the 3.Your interest in the Covered Property; or applicable Limit of Insurance under this Cov- 4.A claim under this Coverage Part. erage Part bears to the Limits of Insurance of all insurance covering on the same basis. B.CONTROL OF PROPERTY 2.If there is other insurance covering the same Any act or neglect of any person other than you loss or damage, other than that described in 1. beyond your direction or control will not affect this above, we will pay only for the amount of cov- insurance. ered loss or damage in excess of the amount The breach of any condition of this Coverage Part due from that other insurance, whether you at any one or more locations will not affect cover- can collect on it or not. But we will not pay age at any location where, at the time of loss or more than the applicable Limit of Insurance. damage, the breach of condition does not exist. H.POLICY PERIOD, COVERAGE TERRITORY C.INSURANCE UNDER TWO OR MORE COVER- Under this Coverage Part: AGES 1.We cover loss or damage commencing: If two or more of this policy's coverages apply to the same loss or damage, we will not pay more a.During the policy period shown in the Dec- than the actual amount of the loss or damage. larations; and D.LEGAL ACTION AGAINST US b.Within the coverage territory. No one may bring a legal action against us under 2.The coverage territory is: this Coverage Part unless: a.The United States of America (including its 1.There has been full compliance with all of the territories and possessions); terms of this Coverage Part; and b.Puerto Rico; and 2.The action is brought within 2 years after the c.Canada. date on which the direct physical loss or dam- age occurred. E.LIBERALIZATION If we adopt any revision that would broaden the coverage under this Coverage Part without addi- tional premium within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this Coverage Part. CP 00 90 07 88Copyright, ISO Commercial Risk Services, Inc., 1983, 1987Page1 of 2‽‽ I.TRANSFER OF RIGHTS OF RECOVERY1.Prior to a loss to your Covered Property or AGAINST OTHERS TO USCovered Income. If any person or organization to or for whom we2.After a loss to your Covered Property or Cov- make payment under this Coverage Part hasered Income only if, at time of loss, that party rights to recover damages from another, thoseis one of the following: rights are transferred to us to the extent of our a.Someone insured by this insurance; payment. That person or organization must do b.A business firm: everything necessary to secure our rights and must do nothing after loss to impair them. But you (1)Owned or controlled by you; or may waive your rights against another party in (2)That owns or controls you; or writing: c.Your tenant. This will not restrict your insurance. Page2 of 2Copyright, ISO Commercial Risk Services, Inc., 1983, 1987CP 00 90 07 88‽‽ COMMERCIAL PROPERTY CP 01 40 07 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART STANDARD PROPERTY POLICY A. The exclusion set forth in Paragraph B. applies to D. The following provisions in this Coverage Part or all coverage under all forms and endorsements Policy are hereby amended to remove reference that comprise this Coverage Part or Policy, includ-to bacteria: ing but not limited to forms or endorsements that 1. Exclusion of "Fungus", Wet Rot, Dry Rot And cover property damage to buildings or personal Bacteria; and property and forms or endorsements that cover 2. Additional Coverage Î Limited Coverage for business income, extra expense or action of civil "Fungus", Wet Rot, Dry Rot And Bacteria, in- authority. cluding any endorsement increasing the scope B. We will not pay for loss or damage caused by or or amount of coverage. resulting from any virus, bacterium or other micro- E. The terms of the exclusion in Paragraph B., or the organism that induces or is capable of inducing inapplicability of this exclusion to a particular loss, physical distress, illness or disease. do not serve to create coverage for any loss that However, this exclusion does not apply to loss or would otherwise be excluded under this Coverage damage caused by or resulting from "fungus", wet Part or Policy. rot or dry rot. Such loss or damage is addressed in a separate exclusion in this Coverage Part or Pol- icy. C. With respect to any loss or damage subject to the exclusion in Paragraph B., such exclusion super- sedes any exclusion relating to "pollutants". CP 01 40 07 06 © ISO Properties, Inc., 2006 Page 1 of 1 DQW1164694 1/11 Dpnnfsdjbm!Qspqfsuz!Dpwfsbhf Dpnnfsdjbm!Hfofsbm!Mjbcjmjuz!Dpwfsbhf Jomboe!Nbsjof!Dpwfsbhf COMMERCIAL PROPERTY CP 10 30 09 17 CAUSES OF LOSS – SPECIAL FORM Words and phrases that appear in quotation marks have special meaning. Refer to Section G. Definitions. A. Covered Causes Of Loss (4) Earth sinking (other than sinkhole collapse), rising or shifting including soil When Special is shown in the Declarations, conditions which cause settling, Covered Causes of Loss means direct physical cracking or other disarrangement of loss unless the loss is excluded or limited in this foundations or other parts of realty. Soil policy. conditions include contraction, B. Exclusions expansion, freezing, thawing, erosion, improperly compacted soil and the 1. We will not pay for loss or damage caused action of water under the ground directly or indirectly by any of the following. surface. Such loss or damage is excluded regardless of any other cause or event that contributes But if Earth Movement, as described in concurrently or in any sequence to the loss. b.(1) through (4) above, results in fire or explosion, we will pay for the loss or a. Ordinance Or Law damage caused by that fire or explosion. The enforcement of or compliance with any (5) Volcanic eruption, explosion or effusion. ordinance or law: But if volcanic eruption, explosion or (1) Regulating the construction, use or effusion results in fire, building glass repair of any property; or breakage or Volcanic Action, we will pay (2) Requiring the tearing down of any for the loss or damage caused by that property, including the cost of removing fire, building glass breakage or Volcanic its debris. Action. This exclusion, Ordinance Or Law, applies Volcanic Action means direct loss or whether the loss results from: damage resulting from the eruption of a volcano when the loss or damage is (a) An ordinance or law that is enforced caused by: even if the property has not been damaged; or (a) Airborne volcanic blast or airborne shock waves; (b) The increased costs incurred to comply with an ordinance or law in (b) Ash, dust or particulate matter; or the course of construction, repair, (c) Lava flow. renovation, remodeling or demolition With respect to coverage for Volcanic of property, or removal of its debris, Action as set forth in (5)(a), (5)(b) and following a physical loss to that (5)(c), all volcanic eruptions that occur property. within any 168-hour period will constitute b. Earth Movement a single occurrence. (1) Earthquake, including tremors and Volcanic Action does not include the aftershocks and any earth sinking, rising cost to remove ash, dust or particulate or shifting related to such event; matter that does not cause direct (2) Landslide, including any earth sinking, physical loss or damage to the rising or shifting related to such event; described property. (3) Mine subsidence, meaning subsidence This exclusion applies regardless of of a man-made mine, whether or not whether any of the above, in Paragraphs mining activity has ceased; (1) through (5),is caused by an act of nature or is otherwise caused. CP 10 30 09 17 © Insurance Services Office, Inc.,2016 Page 1of 10 c. Governmental Action (2) Warlike action by a military force, including action in hindering or Seizure or destruction of property by order defending against an actual or expected of governmental authority. attack, by any government, sovereign or But we will pay for loss or damage caused other authority using military personnel by or resulting from acts of destruction or other agents; or ordered by governmental authority and (3) Insurrection, rebellion, revolution, taken at the time of a fire to prevent its usurped power, or action taken by spread, if the fire would be covered under governmental authority in hindering or this Coverage Part. defending against any of these. d. Nuclear Hazard g. Water Nuclear reaction or radiation, or radioactive (1) Flood, surface water, waves (including contamination, however caused. tidal wave and tsunami), tides, tidal But if nuclear reaction or radiation, or water, overflow of any body of water, or radioactive contamination, results in fire, we spray from any of these, all whether or will pay for the loss or damage caused by not driven by wind (including storm that fire. surge); e. Utility Services (2) Mudslide or mudflow; The failure of power, communication, water (3) Water that backs up or overflows or is or other utility service supplied to the otherwise discharged from a sewer, described premises, however caused, if the drain, sump, sump pump or related failure: equipment; (1) Originates away from the described (4) Water under the ground surface premises; or pressing on, or flowing or seeping through: (2) Originates at the described premises, but only if such failure involves (a) Foundations, walls, floors or paved equipment used to supply the utility surfaces; service to the described premises from (b) Basements, whether paved or not; or a source away from the described premises. (c) Doors, windows or other openings; or Failure of any utility service includes lack of sufficient capacity and reduction in supply. (5) Waterborne material carried or otherwise moved by any of the water Loss or damage caused by a surge of referred to in Paragraph (1), (3) or (4), power is also excluded, if the surge would or material carried or otherwise moved not have occurred but for an event causing by mudslide or mudflow. a failure of power. This exclusion applies regardless of But if the failure or surge of power, or the whether any of the above, in Paragraphs failure of communication, water or other (1) through (5), is caused by an act of utility service, results in a Covered Cause of nature or is otherwise caused. An example Loss, we will pay for the loss or damage of a situation to which this exclusion applies caused by that Covered Cause of Loss. is the situation where a dam, levee, seawall Communication services include but are not or other boundary or containment system limited to service relating to Internet access fails in whole or in part, for any reason, to or access to any electronic, cellular or contain the water. satellite network. f. War And Military Action (1) War, including undeclared or civil war; Page 2 of 10 © Insurance Services Office, Inc.,2016 CP 10 30 09 17 But if any of the above, in Paragraphs (1) d.(1) Wear and tear; through (5), results in fire, explosion or (2) Rust or other corrosion, decay, sprinkler leakage, we will pay for the loss or deterioration, hidden or latent defect or damage caused by that fire, explosion or any quality in property that causes it to sprinkler leakage (if sprinkler leakage is a damage or destroy itself; Covered Cause of Loss). (3) Smog; h. "Fungus", Wet Rot, Dry Rot And (4) Settling, cracking, shrinking or Bacteria expansion; Presence, growth, proliferation, spread or (5) Nesting or infestation, or discharge or any activity of "fungus", wet or dry rot or release of waste products or secretions, bacteria. by insects, birds, rodents or other But if "fungus", wet or dry rot or bacteria animals. result in a "specified cause of loss", we will (6) Mechanical breakdown, including pay for the loss or damage caused by that rupture or bursting caused by centrifugal "specified cause of loss". force. But if mechanical breakdown This exclusion does not apply: results in elevator collision, we will pay (1) When "fungus", wet or dry rot or bacteria for the loss or damage caused by that result from fire or lightning; or elevator collision. (2) To the extent that coverage is provided (7) The following causes of loss to personal in the Additional Coverage, Limited property: Coverage For "Fungus", Wet Rot, Dry (a) Dampness or dryness of Rot And Bacteria, with respect to loss or atmosphere; damage by a cause of loss other than (b) Changes in or extremes of fire or lightning. temperature; or Exclusions B.1.a. through B.1.h. apply whether (c)Marring or scratching. or not the loss event results in widespread damage or affects a substantial area. But if an excluded cause of loss that is listed in 2.d.(1) through (7) results in a 2. We will not pay for loss or damage caused by "specified cause of loss" or building glass or resulting from any of the following: breakage, we will pay for the loss or a. Artificially generated electrical, magnetic or damage caused by that "specified cause of electromagnetic energy that damages, loss" or building glass breakage. disturbs, disrupts or otherwise interferes e. Explosion of steam boilers, steam pipes, with any: steam engines or steam turbines owned or (1) Electrical or electronic wire, device, leased by you, or operated under your appliance, system or network; or control. But if explosion of steam boilers, (2) Device, appliance, system or network steam pipes, steam engines or steam utilizing cellular or satellite technology. turbines results in fire or combustion explosion, we will pay for the loss or For the purpose of this exclusion, electrical, damage caused by that fire or combustion magnetic or electromagnetic energy explosion. We will also pay for loss or includes but is not limited to: damage caused by or resulting from the (a) Electrical current, including arcing; explosion of gases or fuel within the furnace of any fired vessel or within the flues or (b) Electrical charge produced or passages through which the gases of conducted by a magnetic or combustion pass. electromagnetic field; f. Continuous or repeated seepage or (c) Pulse of electromagnetic energy; or leakage of water, or the presence or (d) Electromagnetic waves or condensation of humidity, moisture or microwaves. vapor, that occurs over a period of 14 days But if fire results, we will pay for the loss or or more. damage caused by that fire. b. Delay, loss of use or loss of market. c. Smoke, vapor or gas from agricultural smudging or industrial operations. CP 10 30 09 17 © Insurance Services Office, Inc.,2016 Page 3of 10 g. Water, other liquids, powder or molten This exclusion, k., does not apply: material that leaks or flows from plumbing, (a) To the extent that coverage is heating, air conditioning or other equipment provided under the Additional (except fire protective systems) caused by Coverage, Collapse; or or resulting from freezing, unless: (b) To collapse caused by one or more (1) You do your best to maintain heat in the of the following: building or structure; or (i) The "specified causes of loss"; (2) You drain the equipment and shut off (ii)Breakage of building glass; the supply if the heat is not maintained. (iii)Weight of rain that collects on a h. Dishonest or criminal act (including theft) by roof; or you, any of your partners, members, officers, managers, employees (including (iv) Weight of people or personal temporary employees and leased workers), property. directors, trustees or authorized l. Discharge, dispersal, seepage, migration, representatives, whether acting alone or in release or escape of "pollutants" unless the collusion with each other or with any other discharge, dispersal, seepage, migration, party; or theft by any person to whom you release or escape is itself caused by any of entrust the property for any purpose, the "specified causes of loss". But if the whether acting alone or in collusion with discharge, dispersal, seepage, migration, any other party. release or escape of "pollutants" results in a This exclusion: "specified cause of loss", we will pay for the loss or damage caused by that "specified (1) Applies whether or not an act occurs cause of loss". during your normal hours of operation; This exclusion, I., does not apply to (2) Does not apply to acts of destruction by damage to glass caused by chemicals your employees (including temporary applied to the glass. employees and leased workers) or authorized representatives; but theft by m. Neglect of an insured to use all reasonable your employees (including temporary means to save and preserve property from employees and leased workers) or further damage at and after the time of loss. authorized representatives is not 3. We will not pay for loss or damage caused by covered. or resulting from any of the following, 3.a. i. Voluntary parting with any property by you through 3.c. But if an excluded cause of loss or anyone else to whom you have entrusted that is listed in 3.a. through 3.c. results in a the property if induced to do so by any Covered Cause of Loss, we will pay for the fraudulent scheme, trick, device or false loss or damage caused by that Covered Cause pretense. of Loss. j. Rain, snow, ice or sleet to personal a. Weather conditions. But this exclusion only property in the open. applies if weather conditions contribute in any way with a cause or event excluded in k. Collapse, including any of the following Paragraph 1. above to produce the loss or conditions of property or any part of the damage. property: b. Acts or decisions, including the failure to act (1) An abrupt falling down or caving in; or decide, of any person, group, (2) Loss of structural integrity, including organization or governmental body. separation of parts of the property or c. Faulty, inadequate or defective: property in danger of falling down or caving in; or (1) Planning, zoning, development, surveying, siting; (3) Any cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion (2) Design, specifications, workmanship, as such condition relates to (1) or (2) repair, construction, renovation, above. remodeling, grading, compaction; But if collapse results in a Covered Cause (3) Materials used in repair, construction, of Loss at the described premises, we will renovation or remodeling; or pay for the loss or damage caused by that (4) Maintenance; Covered Cause of Loss. Page 4 of 10 © Insurance Services Office, Inc.,2016 CP 10 30 09 17 of part or all of any property on or off the b. Leasehold Interest Coverage Form described premises. (1) Paragraph B.1.a., Ordinance Or Law, 4. Special Exclusions does not apply to insurance under this Coverage Form. The following provisions apply only to the specified Coverage Forms: (2) We will not pay for any loss caused by: a. Business Income (And Extra Expense) (a) Your cancelling the lease; Coverage Form, Business Income (b) The suspension, lapse or (Without Extra Expense) Coverage Form, cancellation of any license; or Or Extra Expense Coverage Form (c) Any other consequential loss. We will not pay for: c. Legal Liability Coverage Form (1) Any loss caused by or resulting from: (1) The following exclusions do not apply to (a) Damage or destruction of "finished insurance under this Coverage Form: stock"; or (a) Paragraph B.1.a. Ordinance Or Law; (b) The time required to reproduce (b) Paragraph B.1.c. Governmental "finished stock". Action; This exclusion does not apply to Extra (c) Paragraph B.1.d. Nuclear Hazard; Expense. (d) Paragraph B.1.e. Utility Services; (2) Any loss caused by or resulting from and direct physical loss or damage to radio or television antennas (including satellite (e) Paragraph B.1.f. War And Military dishes) and their lead-in wiring, masts or Action. towers. (2) The following additional exclusions (3) Any increase of loss caused by or apply to insurance under this Coverage resulting from: Form: (a) Delay in rebuilding, repairing or (a) ContractualLiability replacing the property or resuming We will not defend any claim or "operations", due to interference at "suit", or pay damages that you are the location of the rebuilding, repair legally liable to pay, solely by reason or replacement by strikers or other of your assumption of liability in a persons; or contract or agreement. But this (b) Suspension, lapse or cancellation of exclusion does not apply to a written any license, lease or contract. But if lease agreement in which you have the suspension, lapse or cancellation assumed liability for building damage is directly caused by the resulting from an actual or attempted "suspension" of "operations", we will burglary or robbery, provided that: cover such loss that affects your (i) Your assumption of liability was Business Income during the "period executed prior to the accident; of restoration" and any extension of and the "period of restoration" in (ii) The building is Covered Property accordance with the terms of the under this Coverage Form. Extended Business Income Additional Coverage and the (b) Nuclear Hazard Extended Period Of Indemnity We will not defend any claim or Optional Coverage or any variation "suit", or pay any damages, loss, of these. expense or obligation, resulting from (4) Any Extra Expense caused by or nuclear reaction or radiation, or resulting from suspension, lapse or radioactive contamination, however cancellation of any license, lease or caused. contract beyond the "period of restoration". (5) Any other consequential loss. CP 10 30 09 17 © Insurance Services Office, Inc.,2016 Page 5of 10 5. Additional Exclusion d. Building materials and supplies not attached as part of the building or structure, The following provisions apply only to the caused by or resulting from theft. specified property: However, this limitation does not apply to: Loss Or Damage To Products (1) Building materials and supplies held for We will not pay for loss or damage to any sale by you, unless they are insured merchandise, goods or other product caused under the Builders Risk Coverage Form; by or resulting from error or omissionby any or person or entity (including those having possession under an arrangement where work (2) Business Income Coverage or Extra or a portion of the work is outsourced) in any Expense Coverage. stage of the development, production or use of e. Property that is missing, where the only the product, including planning, testing, evidence of the loss or damage is a processing, packaging, installation, shortage disclosed on taking inventory, or maintenance or repair. This exclusion applies other instances where there is no physical to any effect that compromises the form, evidence to show what happened to the substance or quality of the product. But if such property. error or omission results in a Covered Cause of f. Property that has been transferred to a Loss, we will pay for the loss or damage person or to a place outside the described caused by that Covered Cause of Loss. premises on the basis of unauthorized C. Limitations instructions. The following limitations apply to all policy forms g. Lawns, trees, shrubs or plants which are and endorsements, unless otherwise stated: part of a vegetated roof, caused by or 1. We will not pay for loss of or damage to resulting from: property, as described and limited in this (1) Dampness or dryness of atmosphere or section. In addition, we will not pay for any loss of soil supporting the vegetation; that is a consequence of loss or damage as (2) Changes in or extremes of temperature; described and limited in this section. (3) Disease; a. Steam boilers, steam pipes, steam engines or steam turbines caused by or resulting (4) Frost or hail; or from any condition or event inside such (5) Rain, snow, ice or sleet. equipment. But we will pay for loss of or We will not pay for loss of or damage to the 2. damage to such equipment caused by or following types of property unless caused by resulting from an explosion of gases or fuel the "specified causes of loss" or building glass within the furnace of any fired vessel or breakage: within the flues or passages through which the gases of combustion pass. a. Animals, and then only if they are killed or their destruction is made necessary. b. Hot water boilers or other water heating equipment caused by or resulting from any b. Fragile articles such as statuary, marbles, condition or event inside such boilers or chinaware and porcelains, if broken. This equipment, other than an explosion. restriction does not apply to: c. The interior of any building or structure, or (1) Glass; or to personal property in the building or (2) Containers of property held for sale. structure, caused by or resulting from rain, c. Builders' machinery, tools and equipment snow, sleet, ice, sand or dust, whether owned by you or entrusted to you, provided driven by wind or not, unless: such property is Covered Property. (1) The building or structure first sustains However, this limitation does not apply: damage by a Covered Cause of Loss to its roof or walls through which the rain, (1) If the property is located on or within snow, sleet, ice, sand or dust enters; or 100 feet of the described premises, unless the premises is insured under the (2) The loss or damage is caused by or Builders Risk Coverage Form; or results from thawing of snow, sleet or ice on the building or structure. Page 6 of 10 © Insurance Services Office, Inc.,2016 CP 10 30 09 17 (2) To Business Income Coverage or to 2.We will pay for direct physical loss or damage Extra Expense Coverage. to Covered Property, caused by abrupt collapse of a building or any part of a building 3. The special limit shown for each category, a. that is insured under this Coverage Form or through d., is the total limit for loss of or that contains Covered Property insured under damage to all property in that category. The this Coverage Form, if such collapse is caused special limit applies to any one occurrence of by one or more of the following: theft, regardless of the types or number of articles that are lost or damaged in that a. Building decay that is hidden from view, occurrence. The special limits are (unless a unless the presence of such decay is higher limit is shown in the Declarations): known to an insured prior to collapse; a. $2,500 for furs, fur garments and garments b. Insect or vermin damage that is hidden trimmed with fur. from view, unless the presence of such damage is known to an insured prior to b. $2,500 for jewelry, watches, watch collapse; movements, jewels, pearls, precious and semiprecious stones, bullion, gold, silver, c. Use of defective material or methods in platinum and other precious alloys or construction, remodeling or renovation if the metals. This limit does not apply to jewelry abrupt collapse occurs during the course of and watches worth $100 or less per item. the construction, remodeling or renovation. c. $2,500 for patterns, dies, molds and forms. d.Use of defective material or methods in construction, remodeling or renovation if the d. $250 for stamps, tickets, including lottery abrupt collapse occurs after the tickets held for sale, and letters of credit. construction, remodeling or renovation is These special limits are part of, not in addition complete, but only if the collapse is caused to, the Limit of Insurance applicable to the in part by: Covered Property. (1) A cause of loss listed in 2.a. or 2.b.; This limitation, C.3., does not apply to (2) One or more of the "specified causes of Business Income Coverage or to Extra loss"; Expense Coverage. (3)Breakage of building glass; 4. We will not pay the cost to repair any defect to a system or appliance from which water, other (4) Weight of people or personal property; liquid, powder or molten material escapes. But or we will pay the cost to repair or replace (5) Weight of rain that collects on a roof. damaged parts of fire-extinguishing equipment 3. This Additional Coverage – Collapse does if the damage: not apply to: a. Results in discharge of any substance from a. A building or any part of a building that is in an automatic fire protection system; or danger of falling down or caving in; b. Is directly caused by freezing. b.A part of a building that is standing, even if However, this limitation does not apply to it has separated from another part of the Business Income Coverage or to Extra building; or Expense Coverage. c.A building that is standing or any part of a D. Additional Coverage – Collapse building that is standing, even if it shows evidence of cracking, bulging, sagging, The coverage provided under this Additional bending, leaning, settling, shrinkage or Coverage, Collapse, applies only to an abrupt collapse as described and limited in D.1. through expansion. D.7. 4. With respect to the following property: 1. For the purpose of this Additional Coverage, a. Outdoor radio or television antennas Collapse, abrupt collapse means an abrupt (including satellite dishes) and their lead-in falling down or caving in of a building or any wiring, masts or towers; part of a building with the result that the building or part of the building cannot be occupied for its intended purpose. CP 10 30 09 17 © Insurance Services Office, Inc.,2016 Page 7of 10 b. Awnings, gutters and downspouts; E. Additional Coverage – Limited Coverage For "Fungus", Wet Rot, Dry Rot And Bacteria c. Yard fixtures; 1. The coverage described in E.2. and E.6. only d. Outdoor swimming pools; applies when the "fungus", wet or dry rot or e. Fences; bacteria are the result of one or more of the following causes that occur during the policy f. Piers, wharves and docks; period and only if all reasonable means were g. Beach or diving platforms or used to save and preserve the property from appurtenances; further damage at the time of and after that h. Retaining walls; and occurrence: i. Walks, roadways and other paved surfaces; a. A "specified cause of loss" other than fire or lightning; or if an abrupt collapse is caused by a cause of loss listed in 2.a. through 2.d., we will pay for Coverage Endorsement b. Flood, if the Flood loss or damage to that property only if: applies to the affected premises. (1) Such loss or damage is a direct result of This Additional Coverage does not apply to the abrupt collapse of a building insured lawns, trees, shrubs or plants which are part of under this Coverage Form; and a vegetated roof. (2) The property is Covered Property under 2. We will pay for loss or damage by "fungus", this Coverage Form. wet or dry rot or bacteria. As used in this Limited Coverage, the term loss or damage 5. If personal property abruptly falls down or means: caves in and such collapse is not the result of abrupt collapse of a building, we will pay for a. Direct physical loss or damage to Covered loss or damage to Covered Property caused by Property caused by "fungus", wet or dry rot such collapse of personal property only if: or bacteria, including the cost of removal of the "fungus", wet or dry rot or bacteria; a. The collapse of personal property was caused by a cause of loss listed in 2.a. b. The cost to tear out and replace any part of through 2.d.; the building or other property as needed to gain access to the "fungus", wet or dry rot b. The personal property which collapses is or bacteria; and inside a building; and c. The cost of testing performed after removal, c. The property which collapses is not of a repair, replacement or restoration of the kind listed in 4., regardless of whether that damaged property is completed, provided kind of property is considered to be there is a reason to believe that "fungus", personal property or real property. wet or dry rot or bacteria are present. The coverage stated in this Paragraph 5. does 3. The coverage described under E.2. of this not apply to personal property if marring and/or Limited Coverage is limited to $15,000. scratching is the only damage to that personal Regardless of the number of claims, this limit is property caused by the collapse. the most we will pay for the total of all loss or 6. This Additional Coverage, Collapse, does not damage arising out of all occurrences of apply to personal property that has not abruptly "specified causes of loss" (other than fire or fallen down or caved in, even if the personal lightning) and Flood which take place in a 12- property shows evidence of cracking, bulging, month period (starting with the beginning of the sagging, bending, leaning, settling, shrinkage present annual policy period). With respect to a or expansion. particular occurrence of loss which results in 7. This Additional Coverage, Collapse, will not "fungus", wet or dry rot or bacteria, we will not increase the Limits of Insurance provided in pay more than a total of $15,000 even if the this Coverage Part. "fungus", wet or dry rot or bacteria continue to be present or active, or recur, in a later policy 8.The term Covered Cause of Loss includes the period. Additional Coverage, Collapse, as described and limited in D.1. through D.7. Page 8 of 10 © Insurance Services Office, Inc.,2016 CP 10 30 09 17 4. The coverage provided under this Limited F. Additional Coverage Extensions Coverage does not increase the applicable 1. Property In Transit Limit of Insurance on any Covered Property. If This Extension applies only to your personal a particular occurrence results in loss or property to which this form applies. damage by "fungus", wet or dry rot or bacteria, and other loss or damage, we will not pay a. You may extend the insurance provided by more, for the total of all loss or damage, than this Coverage Part to apply to your the applicable Limit of Insurance on the personal property (other than property in affected Covered Property. the care, custody or control of your salespersons) in transit more than 100 feet If there is covered loss or damage to Covered from the described premises. Property must Property, not caused by "fungus", wet or dry rot be in or on a motor vehicle you own, lease or bacteria, loss payment will not be limited by or operate while between points in the the terms of this Limited Coverage, except to coverage territory. the extent that "fungus", wet or dry rot or bacteria cause an increase in the loss. Any b. Loss or damage must be caused by or such increase in the loss will be subject to the result from one of the following causes of terms of this Limited Coverage. loss: 5. The terms of this Limited Coverage do not (1) Fire, lightning, explosion, windstorm or increase or reduce the coverage provided hail, riot or civil commotion, or under Paragraph F.2. (Water Damage, Other vandalism. Liquids, Powder Or Molten Material Damage) (2) Vehicle collision, upset or overturn. of this Causes Of Loss form or under the Collision means accidental contact of Additional Coverage, Collapse. your vehicle with another vehicle or 6. The following, 6.a. or 6.b., applies only if object. It does not mean your vehicle's Business Income and/or Extra Expense contact with the roadbed. Coverage applies to the described premises (3) Theft of an entire bale, case or package and only if the "suspension" of "operations" by forced entry into a securely locked satisfies all terms and conditions of the body or compartment of the vehicle. applicable Business Income and/or Extra There must be visible marks of the Expense Coverage Form: forced entry. a. If the loss which resulted in "fungus", wet or c. The most we will pay for loss or damage dry rot or bacteria does not in itself under this Extension is $5,000. necessitate a "suspension" of "operations", This Coverage Extension is additional but such "suspension" is necessary due to insurance. The Additional Condition, loss or damage to property caused by Coinsurance, does not apply to this Extension. "fungus", wet or dry rot or bacteria, then our payment under Business Income and/or 2. Water Damage, Other Liquids, Powder Or Extra Expense is limited to the amount of Molten Material Damage loss and/or expense sustained in a period If loss or damage caused by or resulting from of not more than 30 days. The days need covered water or other liquid, powder or molten not be consecutive. material damage loss occurs, we will also pay b. If a covered "suspension" of "operations" the cost to tear out and replace any part of the was caused by loss or damage other than building or structure to repair damage to the "fungus", wet or dry rot or bacteria but system or appliance from which the water or remediation of "fungus", wet or dry rot or other substance escapes. This Coverage bacteria prolongs the "period of restoration", Extension does not increase the Limit of we will pay for loss and/or expense Insurance. sustained during the delay (regardless of when such a delay occurs during the "period of restoration"), but such coverage is limited to 30 days. The days need not be consecutive. CP 10 30 09 17 © Insurance Services Office, Inc.,2016 Page 9of 10 3. Glass (2) Accidental discharge or leakage of water or waterborne material as the a. We will pay for expenses incurred to put up direct result of the breaking apart or temporary plates or board up openings if cracking of a water or sewer pipe repair or replacement of damaged glass is caused by wear and tear, when the pipe delayed. is located off the described premises b. We will pay for expenses incurred to and is connected to or is part of a remove or replace obstructions when potable water supply system or sanitary repairing or replacing glass that is part of a sewer system operated by a public or building. This does not include removing or private utility service provider pursuant replacing window displays. to authority granted by the state or governmental subdivision where the This Coverage Extension F.3. does not described premises are located. increase the Limit of Insurance. But water damage does not include loss or G. Definitions damage otherwise excluded under the 1. "Fungus" means any type or form of fungus, terms of the Water Exclusion. Therefore, for including mold or mildew, and any mycotoxins, example, there is no coverage under this spores, scents or by-products produced or policy in the situation in which discharge or released by fungi. leakage of water results from the breaking 2. "Specified causes of loss" means the following: apart or cracking of a pipe which was fire; lightning; explosion; windstorm or hail; caused by or related to weather-induced smoke; aircraft or vehicles; riot or civil flooding, even if wear and tear commotion; vandalism; leakage from fire- contributed to the breakage or cracking. As extinguishing equipment; sinkhole collapse; another example, and also in accordance volcanic action; falling objects; weight of snow, with the terms of the Water Exclusion, there ice or sleet; water damage. is no coverage for loss or damage caused by or related to weather-induced flooding a. Sinkhole collapse means the sudden which follows or is exacerbated by pipe sinking or collapse of land into underground breakage or cracking attributable to wear empty spaces created by the action of and tear. water on limestone or dolomite. This cause of loss does not include: To the extent that accidental discharge or leakage of water falls within the criteria set (1) The cost of filling sinkholes; or forth in c.(1) or c.(2) of this definition of (2) Sinking or collapse of land into man- "specified causes of loss," such water is not made underground cavities. subject to the provisions of the Water b. Falling objects does not include loss or Exclusion which preclude coverage for damage to: surface water or water under the surface of the ground. (1) Personal property in the open; or (2) The interior of a building or structure, or property inside a building or structure, unless the roof or an outside wall of the building or structure is first damaged by a falling object. c. Water damage means: (1) Accidental discharge or leakage of water or steam as the direct result of the breaking apart or cracking of a plumbing, heating, air conditioning or other system or appliance (other than a sump system including its related equipment and parts), that is located on the described premises and contains water or steam; and Page 10 of 10 © Insurance Services Office, Inc.,2016 CP 10 30 09 17 DQW1164694 POLICY NUMBER:COMMERCIAL PROPERTY CP 12 11 09 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BURGLARY AND ROBBERYPROTECTIVE SAFEGUARDS This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART SCHEDULE PremisesBuildingProtective Safeguards No. No.Symbols Applicable 2CS.2 2.3 Describe any "BR-4": Additional requirements, if any, for engagement of an automatic burglary alarm or other automatic system listed in this Schedule (other than the requirements of Paragraph A.2.): Information required to complete this Schedule, if notshownabove, willbe shown in the Declarations. A.The following is added to the Commercial Property 3.Actively engage an automatic burglary alarm or Conditions: other automatic system, or parts thereof, in accordance with any other requirements, if Burglary And Robbery Protective Safeguards any, indicated in the Schedule; and As a condition of this insurance, you are required 4.Notify us if you know of any suspension ofor to: impairment in any protective safeguard listed in 1.Maintain the protectivesafeguardslisted in the the Schedule. Schedule, and over which you have control, in However, notification to us of the suspension of complete working order; or impairment in an automatic burglary alarm 2.Actively engage any automatic burglary alarm or other automatic system listed in the or other automatic system listed in the Schedule will not be necessary if you: Schedule and maintain it in the "on" position a.Can restore full protection within 48 hours during all non-work hours and whenever the of the suspension or impairment; premises are unoccupied; CP 12 11 09 17© Insurance Services Office, Inc.,2016Page 1of 2 b.Provide at least one watchperson or other 2. "BR-2" Automatic Burglary Alarm, protecting means of surveillance at the premises the entire building, that has a loud sounding during all non-work hours and whenever the gong or siren on the outside of the building. premises are otherwise unoccupied; and 3. "BR-3" Security Service, with a recording system or watch clock, making hourly rounds c.Provide at least one watchperson or other means of surveillance during work hours if covering the entire building, when the premises the Schedule requires that the premises or are not in actual operation. part thereof be protected during work hours. 4. "BR-4" The protective safeguard described in the Schedule. B. The following is added to the Exclusions section of the Causes Of Loss – Special Form: Burglary And Robbery Protective Safeguards We will not pay for loss or damage caused by or resulting from theft if, prior to the theft, you failed to comply with any condition set forth in Paragraph A. C.The protective safeguards to which this endorsement applies are identified by the following symbols: 1. "BR-1" Automatic Burglary Alarm, protecting the entire building, that signals to: a.An outside central station; or b.A police station. Page 2 of 2 © Insurance Services Office, Inc.,2016 CP 12 11 09 17 COMMERCIAL PROPERTY CP 99031219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANNABIS EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART STANDARD PROPERTY POLICY A.When this endorsement is attached to the 2.ParagraphD.1.aboveincludes, but is not Standard Property Policy, the terms Coverage limited to, any of the following containing such Part and Coverage Form in this endorsement are THC or cannabinoid: replaced by the term Policy. a.Any plant of the genus Cannabis L., or any B.Property Not Coveredis amended as follows:part thereof,such as seeds, stems, flowers, stalks and roots; or "Cannabis"is added to Property Not Covered. b.Any compound, by-product, extract, C.For the purpose of this endorsement, when derivative, mixture or combination, such as: Business Income (And Extra Expense) Coverage Form CP0030,Business Income (Without Extra (1)Resin, oil or wax; Expense) Coverage Form CP0032and/or Extra (2)Hash or hemp; or Expense Coverage Form CP0050are indicated (3)Infused liquid or edible cannabis; in the Declarations as being provided under this Policy, coverage under this Policy doesnot apply whether or not derived from any plant or to that part of Business Income loss and/or Extra part of any plant set forth in Paragraph Expenseincurred, duetoa"suspension" of your D.2.a. "operations",which is attributable to the design, cultivation, manufacture, storage, processing, packaging, handling, testing,distribution, sale, serving, furnishing, possessionor disposalof "cannabis". D.For the purpose of this endorsement,the following definition is added: "Cannabis": 1.Means: Any good or product that consists of or contains any amount of Tetrahydrocannabinol (THC) or any other cannabinoid, regardless of whether any such THC or cannabinoid is natural or synthetic. CP 99031219© Insurance Services Office, Inc.,2019Page 1of1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CHANGES - ACTUAL CASH VALUE This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART INLAND MARINE COVERAGE PART CRIME COVERAGE PART The following is added to any provision which uses the term actual cash value: Actual cash value is calculated as the amount it would cost to repair or replace Covered Property, at the time of loss or damage, with material of like kind and quality, subject to a deduction for depreciation. However, if Covered Property, at the time of loss or damage, has nominal or no economic value, or a value disproportionate to replacement cost less depreciation, the determination of actual cash value as set forth above is not required. Actual cash value applies to valuation of Covered Property regardless of whether that property has sustained partial or total loss or damage. The actual cash value of the lost of damaged property may be significantly less than its replacement cost. Includes copyrighted material of ISO Commercial Risk Services, EPA-1739 (06/2015) Page 1 of 1 Inc. with its permission. Copyright, ISO Commercial Risk Services, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EQUIPMENT BREAKDOWN COVERAGE This endorsement modifies insurance under the following: COMMERCIAL PROPERTY COVERAGE PART A. The following is added as an Additional Coverage to the Causes of Loss— Basic Form, Broad Form or Special Form. Additional Coverage-- Equipment Breakdown The term Covered Cause of Loss includes the Additional Coverage Equipment Breakdown as described and limited below. 1. We will pay for direct physical damage to Covered Property that is the direct result of an “accident.” As used in this Additional Coverage, “accident” means a fortuitous event that causes direct physical damage to “covered equipment.” The event must be one of the following: a. mechanical breakdown, including rupture or bursting caused by centrifugal force; b. artificially generated electrical current, including electric arcing, that disturbs electrical devices, appliances or wires; c. explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control; d. loss or damage to steam boilers, steam pipes, steam engines or steam turbines caused by or resulting from any condition or event inside such equipment; or e. loss or damage to hot water boilers or other water heating equipment caused by or resulting from any condition or event inside such boilers or equipment. 2. Unless otherwise shown in a Schedule, the following coverages also apply to the direct result of an “accident.” These coverages do not provide additional amounts of insurance. a. Expediting Expenses S3008 (03/08) Page 1 of 9 With respect to your damaged Covered Property, we will pay up to $100,000 unless otherwise shown in a Schedule, the reasonable extra cost to: (1) make temporary repairs; and (2) expedite permanent repairs or permanent replacement. b. Hazardous Substances We will pay for the additional cost to repair or replace Covered Property because of contamination by a“hazardous substance.” This includes the additional expenses to clean up or dispose of such property. This does not include contamination of “perishable goods” by refrigerant, including but not limited to ammonia, which is addressed in 2.c.(1)(b) below. As used in this coverage, additional costs mean those beyond what would have been payable under this Equipment Breakdown Coverage had no “hazardous substance” been involved. The most we will pay for loss, damage or expense under this coverage, including actual loss of Business Income you sustain and necessary Extra Expense you incur, if shown as covered, is $50,000 unless otherwise shown in a Schedule. c. Spoilage (1) We will pay: (a) for physical damage to “perishable goods” due to spoilage; (b) for physical damage to “perishable goods” due to contamination from the release of refrigerant, including but not limited to ammonia; (c) any necessary expenses you incur to reduce the amount of loss under this coverage to the extent that they do not exceed the amount of loss that otherwise would have been payable under this coverage. (2) If you are unable to replace the “perishable goods” before its anticipated sale, the amount of our payment will be determined on the basis of the sales price of the “perishable goods” at the time of the “accident,” less discounts and expenses you otherwise would have had. Otherwise our payment will be determined in accordance with the Valuation condition. The most we will pay for loss, damage or expense under this coverage is $100,000 unless otherwise shown in a Schedule. d. Computer Equipment We will pay for loss, damage or expense caused by or resulting from an “accident” to “computer equipment.” The most we will pay for loss, damage or expense under this coverage, including actual loss of Business Income you sustain and necessary Extra Expense you incur, if shown as covered, is $100,000 unless otherwise shown in a Schedule. Computers used primarily to control or operate “covered equipment” are not subject to this limit. e. Data Restoration S3008 (03/08) Page 2 of 9 We will pay for your reasonable and necessary cost to research, replace and restore lost “data.” The most we will pay for loss or expense under this coverage, including actual loss of Business Income you sustain and necessary Extra Expense you incur, if shown as covered, is $25,000 unless otherwise shown in a Schedule. f. Service Interruption (1) Any insurance provided for Business Income, Extra Expense or Spoilage is extended to apply to your loss, damage or expense caused by an “accident” to equipment that is owned by a utility, landlord or other supplier with whom you have a contract to supply you with any of the following services: electrical power, waste disposal, air conditioning, refrigeration, heating, natural gas, compressed air, water, steam, internet access, telecommunications services, wide area networks or data transmission. The equipment must meet the definition of “covered equipment” except that it is not Covered Property. (2) Unless otherwise shown in a Schedule, Service Interruption coverage will not apply unless the failure or disruption of service exceeds 24 hours immediately following the “accident.” (3) The most we will pay for loss, damage or expense under this coverage is the limit that applies to Business Income, Extra Expense or Spoilage, except that if a limit is shown in a Schedule for Service Interruption, that limit will apply to Business Income and Extra Expense loss under this coverage. g. Business Income and Extra Expense Any insurance provided under this coverage part for Business Income or Extra Expense is extended to the coverage provided by this endorsement. The most we will pay for loss of Business Income you sustain or necessary Extra Expense you incur is the limit shown in the Declarations for that coverage, unless otherwise shown in a Schedule. 3. EXCLUSIONS All exclusions in the Causes of Loss form apply except as modified below and to the extent that coverage is specifically provided by this Additional Coverage Equipment Breakdown. a. The exclusions are modified as follows: (1) If the Causes of Loss -- Basic Form or Causes of Loss -- Broad Form applies, the following is added to Exclusion B.2.: Depletion, deterioration, corrosion, erosion, wear and tear, or other gradually developing conditions. But if an “accident” results, we will pay for the resulting loss, damage or expense. (2) The following is added to Exclusion B.1.g.(1): However, if electrical “covered equipment” requires drying out because of the above, we will pay for the direct expenses of such drying out subject to the applicable Limit of Insurance and S3008 (03/08) Page 3 of 9 deductible for Building or Business Personal Property, whichever applies. (3) If the Causes of Loss—Special Form applies, as respects this endorsement only, the last paragraph of Exclusion B.2.d. is deleted and replaced with the following: But if an excluded cause of loss that is listed in 2.d.(1) through (7) results in an “accident,” we will pay for the loss, damage or expense caused by that “accident.” b. We will not pay under this endorsement for loss, damage or expense caused by or resulting from: (1) any defect, programming error, programming limitation, computer virus, malicious code, loss of “data,” loss of access, loss of use, loss of functionality or other condition within or involving “data” or “media” of any kind. But if an “accident” results, we will pay for the resulting loss, damage or expense; or (2) any of the following tests: a hydrostatic, pneumatic or gas pressure test of any boiler or pressure vessel, or an electrical insulation breakdown test of any type of electrical equipment. c. With respect to Service Interruption coverage, we will also not pay for an “accident” caused by or resulting from: fire; lightning; windstorm or hail; explosion (except as specifically provided in A.1.c. above); smoke; aircraft or vehicles; riot or civil commotion; vandalism; sprinkler leakage; falling objects; weight of snow, ice or sleet; freezing; collapse; flood or earth movement. d. With respect to Business Income, Extra Expense and Service Interruption coverages, we will also not pay for: any increase in loss resulting from an agreement between you and your customer or supplier. e. We will not pay for loss, damage or expense caused directly or indirectly by the following, whether or not caused by or resulting from an “accident”: Any mold, fungus, mildew or yeast, including any spores or toxins produced by or emanating from such mold, fungus, mildew or yeast. This includes, but is not limited to, costs arising from clean up, removal, or abatement of such mold, fungus, mildew or yeast, spores or toxins. However, this exclusion does not apply to spoilage of personal property that is “perishable goods,” to the extent that spoilage is covered under Spoilage coverage. f. We will not pay under this endorsement for any loss or damage to animals. 4. DEFINITIONS The following are added to H. DEFINITIONS: a. “Boilers and vessels” means: S3008 (03/08) Page 4 of 9 (1) Any boiler, including attached steam, condensate and feedwater piping; and (2) Any fired or unfired pressure vessel subject to vacuum or internal pressure other than the static pressure of its contents. This term does not appear elsewhere in this endorsement, but may appear in a Schedule. b. “Computer equipment” means Covered Property that is electronic computer or other data processing equipment, including “media” and peripherals used in conjunction with such equipment. c. “Covered equipment” (1) “Covered equipment” means, unless otherwise specified in a Schedule, Covered Property: (a) that generates, transmits or utilizes energy, including electronic communications and data processing equipment; or (b) which, during normal usage, operates under vacuum or pressure, other than the weight of its contents. (2) None of the following is “covered equipment”: (a) structure, foundation, cabinet, compartment or air supported structure or building; (b) insulating or refractory material; (c) sewer piping, underground vessels or piping, or piping forming a part of a sprinkler system; (d) water piping other than boiler feedwater piping, boiler condensate return piping or water piping forming a part of a refrigerating or air conditioning system; (e) “vehicle”or any equipment mounted on a “vehicle”; (f) satellite, spacecraft or any equipment mounted on a satellite or spacecraft; (g) dragline, excavation or construction equipment; or (h) equipment manufactured by you for sale. d. “Data” means information or instructions stored in digital code capable of being processed by machinery. e. “Hazardous substance” means any substance that is hazardous to health or has been declared to be hazardous to health by a governmental agency. f. “Media” means material on which “data” is recorded, such as magnetic tapes, hard disks, optical disks or floppy disks. g. “One accident” means: If an initial “accident” causes other “accidents,” all will be considered “one accident.” All “accidents” that are the result of the same event will be considered “one accident.” S3008 (03/08) Page 5 of 9 h. “Perishable goods” means personal property maintained under controlled conditions for its preservation, and susceptible to loss or damage if the controlled conditions change. i. “Production machinery” means any machine or apparatus that processes or produces a product intended for eventual sale. However, “production machinery” does not mean any fired or unfired pressure vessel other than a cylinder containing a movable plunger or piston. This term does not appear elsewhere in this endorsement, but may appear in a Schedule. j. “Vehicle” means, as respects this endorsement only, any machine or apparatus that is used for transportation or moves under its own power. “Vehicle” includes, but is not limited to, car, truck, bus, trailer, train, aircraft, watercraft, forklift, bulldozer, tractor or harvester. However, any property that is stationary, permanently installed at a covered location and that receives electrical power from an external power source will not be considered a “vehicle.” B. The Building and Personal Property Coverage Form is modified as follows. The definitions stated above also apply to section B. of this endorsement. 1. DEDUCTIBLE The deductible in the Declarations applies unless a separate Equipment Breakdown deductible is shown in a Schedule. If a separate Equipment Breakdown deductible is shown, the following applies. Only as regards Equipment Breakdown Coverage, provision D. DEDUCTIBLE is deleted and replaced with the following: a. Deductibles for Each Coverage (1) Unless the Schedule indicates that your deductible is combined for all coverages, multiple deductibles may apply to any “one accident.” (2) We will not pay for loss, damage or expense under any coverage until the amount of the covered loss, damage or expense exceeds the deductible amount indicated for that coverage in the Schedule. We will then pay the amount of loss, damage or expense in excess of the applicable deductible amount, subject to the applicable limit. (3) If deductibles vary by type of “covered equipment” and more than one type of “covered equipment” is involved in any “one accident,” only the highest deductible for each coverage will apply. b. Direct and Indirect Coverages (1) Direct Coverages Deductibles and Indirect Coverages Deductibles may be indicated in the Schedule. (2) Unless more specifically indicated in the Schedule: S3008 (03/08) Page 6 of 9 (a) Indirect Coverages Deductibles apply to Business Income and Extra Expense loss; and (b) Direct Coverages Deductibles apply to all remaining loss, damage or expense covered by this endorsement. c. Application of Deductibles (1) Dollar Deductibles We will not pay for loss, damage or expense resulting from any “one accident” until the amount of loss, damage or expense exceeds the applicable Deductible shown in the Schedule. We will then pay the amount of loss, damage or expense in excess of the applicable Deductible or Deductibles, up to the applicable Limit of Insurance. (2) Time Deductible If a time deductible is shown in the Schedule, we will not be liable for any loss occurring during the specified number of hours or days immediately following the “accident.” If a time deductible is expressed in days, each day shall mean twenty-four consecutive hours. (3) Multiple of Average Daily Value (ADV) If a deductible is expressed as a number times ADV, that amount will be calculated as follows: The ADV (Average Daily Value) will be the Business Income (as defined in any Business Income coverage that is part of this policy) that would have been earned during the period of interruption of business had no “accident” occurred, divided by the number of working days in that period. No reduction shall be made for the Business Income not being earned, or in the number of working days, because of the “accident” or any other scheduled or unscheduled shutdowns during the period of interruption. The ADV applies to the Business Income value of the entire location, whether or not the loss affects the entire location. If more than one location is included in the valuation of the loss, the ADV will be the combined value of all affected locations. For purposes of this calculation, the period of interruption may not extend beyond the “period of restoration”. The number indicated in the Schedule will be multiplied by the ADV as determined above. The result shall be used as the applicable deductible. (4) Percentage of Loss Deductibles If a deductible is expressed as a percentage of loss, we will not be liable for the indicated percentage of the gross amount of loss, damage or expense (prior to any applicable deductible or coinsurance) insured under the applicable coverage. If the dollar amount of such percentage is less than the indicated minimum deductible, the minimum deductible will be the applicable deductible. S3008 (03/08) Page 7 of 9 2. CONDITIONS The following conditions are in addition to the Conditions in the Building and Personal Property Coverage Form and the Common Policy Conditions. a. Suspension Whenever “coveredequipment” is found to be in, or exposed to, a dangerous condition, any of our representatives may immediately suspend the insurance against loss from an “accident” to that “covered equipment.” This can be done by mailing or delivering a written notice of suspension to: (1) your last known address; or (2) the address where the “covered equipment” is located. Once suspended in this way, your insurance can be reinstated only by an endorsement for that “covered equipment.” If we suspend your insurance, you will get a pro rata refund of premium for that “covered equipment” for the period of suspension. But the suspension will be effective even if we have not yet made or offered a refund. b. Jurisdictional Inspections If any property that is “covered equipment” under this endorsement requires inspection to comply with state or municipal boiler and pressure vessel regulations, we agree to perform such inspection on your behalf. We do not warrant that conditions are safe or healthful. c. Environmental, Safety and Efficiency Improvements If “covered equipment” requires replacement due to an “accident,” we will pay your additional cost to replace with equipment that is better for the environment, safer or more efficient than the equipment being replaced. However, we will not pay more than 125% of what the cost would have been to repair or replace with like kind and quality. This condition does not increase any of the applicable limits. This condition does not apply to any property to which Actual Cash Value applies. d. Coinsurance If a coinsurance percentage is shown in a Schedule for specified coverages, the following condition applies. We will not pay for the full amount of your loss if the applicable limit is less than the product of the specified coinsurance percentage times the value of the property subject to the coverage at the time of the loss. Instead, we will determine what percentage this calculated product is compared to the applicable limit and apply that percentage to the gross amount of loss. We will then subtract the applicable deductible. The resulting amount, or the applicable limit, is the most we will pay. We will not pay for the remainder of the loss. Coinsurance applies separately to each insured location. The most we will pay for loss, damage or expense under this endorsement arising from any “one accident” is the applicable Limit of Insurance in the Declarations unless otherwise shown in S3008 (03/08) Page 8 of 9 a Schedule. Coverage provided under this endorsement does not provide an additional amount of insurance. S3008 (03/08) Page 9 of 9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SINKHOLE COLLAPSEEXCLUSION This endorsement modifies insurance provided under the following: CAUSES OF LOSS-BASIC FORM CAUSES OF LOSS-BROAD FORM CAUSES OF LOSS-SPECIAL FORM STANDARD PROPERTY POLICY The following is added to B. Exclusions: Sinkholecollapse coverage isdeleted, as indicated in Paragraphs 1.through 3.below: 1.In the Causes of Loss-Basic Form and in the Standard Property Policy, Sinkhole Collapse is deleted from the Covered Causes of Loss and sinkhole collapse is no longer an exception to the Earth Movement Exclusion. 2.In the Causes of Loss-BroadForm, Sinkhole Collapse is deleted from the Covered Causes of Loss and from the Additional Coverage-Collapse; and sinkhole collapse is no longer an exception to the Earth Movement Exclusion. 3.In the Causes of Loss-SpecialForm, Sinkhole Collapse is deleted from the and is no longer an exception to the Earth Movement Exclusion. EPA-1925Includes copyrighted material of InsuranceServicesOffice, Inc. with its Page 1of 1 (12/2018)permission. COMMERCIAL INLANDMARINE DECLARATIONS DQW1164694 POLICYNUMBER: NAMED INSURED:IB\[!SFOUBM!DFOUFS!MMD LOCATION: 9753!Hbsefo!Hspwf!CmweHbsefo!HspwfDB:3955 TYPE OF COVERAGELIMITPREM IUM OPU!DPWFSFE OPU!DPWFSFE OPU!DPWFSFE OPU!DPWFSFE OPU!DPWFSFE OPU!DPWFSFE SEE FORM #IM0015$3,796.00 OPU!DPWFSFE OPU!DPWFSFE OPU!DPWFSFE %4-8:7/11 TOT AL PREM IUM LOSS PAYEE: !!!- FORMS APPLICABLE TO COMMERCIAL INLANDMARINE COVERAGE PART THESE DECLARAT IONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART DECLARAT IONS, COVERAGE PART COVERAGE FORM(S) AND FORMS AND ENDORSEMENT S, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. Inland Marine COMMERCIAL INLAND MARINE CONDITIONS 1. Notify the police if a law may have been broken. GENERAL EXCLUSIONS 2. Give us prompt notice of the Ðloss.Ñ Include a description of the property involved. We do not cover loss resulting directly or indirectly 3. As soon as possible, give us a description of from: how, when and where the ÐlossÑ occurred. 1. War, including undeclared war, civil war, 4. Take all reasonable steps to protect the Covered insurrection, rebellion, revolution, warlike act by Property from further damage. If feasible, set a military force or military personnel, the damaged property aside and in the best destruction or seizure or use for a military possible order for examination. Also keep a purpose, and including any consequence of any record of your expenses, for consideration in the of these. Discharge of a nuclear weapon shall settlement of the claim. be deemed a warlike act even it accidental. 5. Make no statement that will assume any 2. Nuclear Hazard meaning any nuclear reaction, obligation or admit any liability, for any ÐlossÑ for radiation or radioactive contamination, all which we may be liable, without our consent. whether controlled or uncontrolled or however 6. Permit us to inspect the property and records caused, or any consequence of any of these. proving Ðloss.Ñ a) Loss caused by the nuclear hazard shall not be considered loss caused by fire, 7. If requested, permit us to question you under explosion, or smoke, whether these perils oath, at such times as may be reasonably are specifically named in or otherwise required, about any matter relating to this included within the Perils Insured Against insurance or your claim, including your books and Limitations. and records. In such event, your answers must b) This policy does not apply to loss caused be signed. directly or indirectly by nuclear hazard, 8. Send us a signed, sworn statement of ÐlossÑ except that direct loss by fire resulting from containing the information we request to settle the nuclear hazard is covered. the claim. You must do this within 60 days after our request. We will supply you with the LOSS CONDITIONS necessary forms. 9. Promptly send us any legal papers or notices A. ABANDONMENT received concerning the Ðloss.Ñ There can be no abandonment of any property to 10. Cooperate with us in the investigation or us. settlement of the claim. B. APPRAISAL D. INSURANCE UNDER TWO OR MORE COVERAGES If we and you disagree on the value of the property or the amount of Ðloss,Ñ either may make written If two or more of this Coverage PartÓs coverages demand for an appraisal of the Ðloss.Ñ In this event, apply to the same Ðloss,Ñ we will not pay more than each party will select a competent and impartial the actual amount of the Ðloss.Ñ appraiser. The two appraisers will select an E. LOSS PAYMENT umpire. If they cannot agree, either may request that selection be made by a judge of a court having We will pay or make good any ÐlossÑ covered under jurisdiction. The appraisers will state separately the this Coverage Part within 30 days after: value of the property and amount of Ðloss.Ñ If they fail to agree, they will submit their difference to the 1. We reach agreement with you; umpire. A decision agreed to by any two will be 2. The entry of final judgment; or binding. Each party will: 3. The filing of an appraisal award. 1. Pay its chosen appraiser, and We will not be liable for any part of a ÐlossÑ that has 2. Bear the other expenses of the appraisal and been paid or made good by others. umpire equally. If there is an appraisal, we will still retain our right to deny the claim. C. DUTIES IN THE EVENT OF LOSS You must see that the following are done in the event of ÐlossÑ to Covered Property: S5003(7/96) Page 1 of 2 Inland Marine F. OTHER INSURANCE GENERAL CONDITIONS If you have other insurance covering the same A. CONCEALMENT, MISREPRESENTATION OR ÐlossÑ as the insurance under this Coverage Part, FRAUD we will pay only the excess over what you should This Coverage Part is void in any case of fraud, have received from the other insurance. We will intentional concealment or misrepresentation of a pay the excess whether you can collect on the material fact, by you or any other insured, at any other insurance or not. time, concerning: G. PAIR, SETS OF PARTS 1. This Coverage Part; 2. The Covered Property; 1. Pair or Set. In case of ÐlossÑ to any part of a 3. Your interest in the Covered Property; or pair or set we may: 4. A claim under this Coverage Part. a. Repair or replace any part to restore the pair or set to its value before the ÐlossÑ; or B. LEGAL ACTION AGAINST US b. Pay the difference between the value of the No one may bring a legal action against us under pair or set before and after the Ðloss.Ñ this Coverage Part unless: 1. There has been full compliance with all the 2. Parts. In case of ÐlossÑ to any part of Covered terms of this Coverage Part; and Property consisting of several parts when 2. The action is brought within 2 years after you complete, we will pay only for the value of the first have knowledge of the Ðloss.Ñ lost or damaged part. C. NO BENEFIT TO BAILEE H. PRIVILEGE TO ADJUST WITH OWNER No person or organization, other than you, having In the event of ÐlossÑ involving property of others in custody of Covered Property, will benefit from this your care, custody or control, we have the right to: insurance. 1. Settle the ÐlossÑ with the owners of the property. D. POLICY PERIOD A receipt for payment from the owners of that property will satisfy any claim of yours. We cover ÐlossÑ commencing during the policy 2. Provide a defense for legal proceedings period shown in the Declarations. brought against you. If provided, the expense E. VALUATION of this defense will be at our cost and will not reduce the applicable Limit of Insurance under The value of property will be the least of the this insurance. following amounts: 1. The actual cash value of that property; I. RECOVERIES 2. The cost of reasonably restoring that property Any recovery or salvage on a ÐlossÑ will accrue to its condition immediately before ÐlossÑ; or entirely to our benefit until the sum paid by us has 3. The cost of replacing that property with been made up. substantially identical property. J. REINSTATEMENT OF LIMIT AFTER LOSS In the event of ÐlossÑ the value of property will be determined as of the time of Ðloss.Ñ The Limit of Insurance will not be reduced by the payment of any claim, except for total loss of a F. LIBERALIZATION scheduled item, in which event we will refund the If we adopt any revision which would broaden the unearned premium on that item. coverage under this Coverage Part without K. TRANSFER OF RIGHTS OF RECOVERY additional premium within 60 days prior to or during AGAINST OTHERS TO US the policy period, the broadened coverage will immediately apply to this Coverage Part. If any person or organization to or for whom we make payment under this insurance has rights to G. SUBSTITUTION OF TERMS recover damages from another, those rights are In any Inland Marine Coverage Forms attached, transferred to us. That person or organization must wherever the word ÐpolicyÑ appears in the Insuring do everything necessary to secure our rights and Agreement, Exclusions, Conditions or Definitions, must do nothing after ÐlossÑ to impair them. the term ÐCoverage PartÑ is substituted. If any act or agreement of yours before or after loss impairs your right to recover from others, we will not cover the loss, nor will we cover any loss which you settle or compromise without our written consent. S5003(7/96) Page 2 of 2 Inland Marine MISCELLANEOUS PROPERTY FLOATER CPV0053583 1)POLICY NUMBER HAZ RENTAL CENTER LLC 2)NAMED INSURED 02/10/202202/10/2023 3)COVERAGE TERM 4)SCHEDULE OF MISCELLANEOUS PROPERTY 1 11,206$18 1 canopy frame 20x20x8 1 2 1 1,206$18 canopy frame 20x20x8 1 1,206$18 3 1 canopy frame 20x20x8 1,206 14$18 1 canopy frame 20x20x8 1,206 15$18 1 canopy frame 20x20x8 11,206$18 6 1 canopy fram 20x20x8 1,886$28 17 1 canopy fram 20x40x8 1,886 1$28 8 1 canopy frame 20x40x8 1,080 $16 1 9 1 canopy top 20x40 1,080 1$16 10 1 canopy top 20x40 5)UNSCHEDULED MISCELLANEOUS PROPERTY 2 2 Xfeejoh!'!Qbsuz!Bddfttpsjft3511114711 493,168 6)LIMIT OF INSURANCE 1,000 7)DEDUCTIBLE See EIA-175 OTHER DEDUCTIBLE 8)TOTAL PREMIUM $ 3,796 IM0015(04/2015)Page 1of4 Inland Marine 1. COVERAGE A. Covered Property means: B. Property Not Covered C. Covered Causes of Loss 2. EXCLUSIONS (1) Earth Movement (2) Water (3) Governmental Action IM0015(04/2015)Page 2of4 Inland Marine 3. LIMITS OF INSURANCE 4. DEDUCTIBLE 5. ADDITIONAL CONDITIONS B. Coinsurance IM0015(04/2015)Page 3of4 Inland Marine C. Additional Acquired Property 6. DEFINITION IM0015(04/2015)Page 4of4 Inland Marine MISCELLANEOUS PROPERTY FLOATER CPV0053583 1)POLICY NUMBER HAZ RENTAL CENTER LLC 2)NAMED INSURED 02/10/202202/10/2023 3)COVERAGE TERM(if different than shown on Declarations) From To 4)SCHEDULE OF MISCELLANEOUS PROPERTY Amount of Premium Item No.Description of PropertyInsurance U$240,000 Wedding & Party Accessories IM0015(10/2014)Supplement Page Inland Marine LOCKED VEHICLE CONDITIONAL EXCLUSION This endorsement modifies insurance provided under the policy. We will not pay for a ÐlossÑ caused by or resulting from theft from any unattended vehicle unless at the time of theft its windows, doors and compartments were closed and locked and there are visible signs that the theft was the result of forced entry. All other terms and conditions of this policy remain unchanged. IM0026 (01/00) POLICY NUMBER: COMMERCIAL INLAND MARINE DQW1164694 EIA-175 (10/2014) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MULTIPLE DEDUCTIBLE FORM (FIXED DOLLAR DEDUCTIBLES) This endorsement modifies insurance provided under the following: S COVERAGE FORM CONTRACTORS EQUIPMENT FLOATER EXHIBITION FORM INSTALLATION FLOATER MINI-COMPUTER COVERAGE FORM MISCALLANEOUS PROPERTY FLOATER SIGNS COVERAGE FORM TOOL FLOATER TRANSPORTATION BROAD COVERAGE FORM TRIP TRANSIT COVERAGE BASIC FORM TRIP TRANSIT COVERAGE BROAD FORM SCHEDULE * The Deductibles applicable to any one occurrence are shown below: Prem.Bldg. No./ DescriptionDeductibleCovered Causes No.Item No.of Loss ** 22111)2* Njtdfmmbofpvt!Qspqfsuz 2 22111)6* Njtdfmmbofpvt!Qspqfsuz 2 22111)7* Njtdfmmbofpvt!Qspqfsuz 2 * Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Decla- rations. **For each deductible listed in this Schedule, enter the number corresponding to the Covered Cause(s) of Loss to which that deductible applies (or enter the description): (1) All Covered Causes of Loss (2) All Covered Causes of Loss except Windstorm or Hail (3) All Covered Causes of Loss except Theft (4) All Covered Causes of Loss excep t Windstorm or Hail and Theft (5) Windstorm or Hail (6) Theft The following is added to the DEDUCTIBLE section: A.In the event that loss or damage occurs to Covered Property at more than one location as a result of one oc- currence, the largest applicable deductible for that Covered Cause of Loss, shown in the Schedule above or in the Declarations, will apply. B.The terms of this endorsement do not apply to any Earthquake Deductible or to any Windstorm or Hail Per- centage Deductible provided elsewhere in this policy. 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