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HomeMy WebLinkAboutOAKS, THEN-2024-217 The Oaks Reservation Contract INSURANCE NOT ON FILE WORK MAY NOT PROCEED CITY CLERK DATE: JUL 0 d 20 0. FTJ t \ I '(tacit Pelt t a �S THE OAKS RESERVATION CONTRACT 27224 Hwy78, Ramona, CA 92065 (Hereinafterthe Premises) RESERVATION AGREEMENT This RESERVATION AGREEMENT ('Agreement') is entered into by and between The Oaks Venture LLC (hereinafter"The Oaks') and City of Santa Ana ("GuestGroup'j as ofJune 20, 2024. The Oaks will agree to hold facilities and other designated conference and recreation services as herein detailed and agreed upon for exclusive use for City of Santa Ana / Acting Chief of Police Robert Rodriguez, for the dates and times specified. In consideration for the time, facilities, and conference services being reserved and held by The Oaks for the Guest Group's use designated herein, City of Santa Ana and/or Acting Chief of Police Robert Rodriguez agree to pay a guaranteed minimum specified herein based upon an agreed upon group rate plus the additional head count (if any) as set forth below. This Agreement must be signed by Acting Chief of Police Robert Rodriguez (as an authorized officer or representative of the Guest Group) and received by the date specified below before The Oaks will reserve time, facilities, and services designated. A non-refundable deposit specified herein must accompany the signed original Agreement before an agreement confirmation will be issued by The Oaks. A copy of the signed Agreement will be returned to Guest Group with a counter -signed confirmation from The Oaks. Agreement supplement on subsequent pages is part of this agreement. Guest Group Name: City of Santa Ana Guest Officer/Signee:Acting Chief of Police, Robert Rodriguez Leader Name: Rosa Ponce de Leon Address: 60 Civic Center Plaza, Santa Ana, CA 92701, United States Email: RPoncedeLeon@santa-ana.org Phone number: (909) 322-4055 Number of Nights: 3 Number of Guests: 20 Arrival date: 07/29/2024 Departure Date: 08/01 /2024 Check -in time: 4:00pm Check-out time: 9:00am out of rooms. 1 1:00am off property Meals: 8 First Meal: Dinner Last Meal: Breakfast Accommodations: Housing will be based upon the final head count. Here are the typical cabins which maybe available according to your minimum number of guests. Downstairs Ballena -capacity 24, Upstairs Ballena -capacity 24, Upstairs Wynne -capacity 14, Downstairs Kendall -capacity 10, Upstairs Kendall -capacity 10 The Oaks Guest Group Coordinator will send you the Housing Assignment forms one month prior to your event to help you assign guests to rooms. Meeting Room: The Living Room - capacity 50 DUE DATE FOR DEPOSIT AND SIGNED CONTRACT: July8,2024 FINANCIAL REQUIREMENTS o The financial guarantee for this contract is: $48,500.00. This figure is based on a minimum guaranteed number of 20 full- time guests. If attendance falls below the minimum for all or part of retreat duration, Guest Group must still paythe full guaranteed minimum. For additional guests partaking in the conference/event duringthe day hours (with the exception of wedding and reception) but do not stay overnight, will be charged $50.00 per person, per day. Day -Use attendees that are part of the program team (i.e. band members, speaker, activity director) are not charged a day -use fee. For additional guests who spend the night atthe Premises, Guest Group will be charged $260.00 per person, per night. o Full payment for balance must be made by wire transfer or eCheckten (10) days prior to arrival. This payment is to include all anticipated additional guests above the minimum due, including day -use guests. Late payment will incur a 10% interest charge added monthly, starting 30 days afterthe due date. If payment is by credit card, there will be an additional 3% service fee added to yourfinal invoice. Should there be additional last minute guests added after balance has been paid, final paymentwill be due on departure day along with anyadditional expenses or incidentals which may have incurred (including without limitation any additional cleaning fees, charges or damages). o A non-refundable deposit in the amount of$12,125.00 is required to secure the reservation for exclusive use of The Oaks (as further defined below) property for the aforementioned dates. This contract shall become null and void if not signed and returned by the Due Date, together with full payment of the Deposit. The Oaks reserves the right to book another group if both contract and Deposit are not returned by the Due Date. o Avalid Credit Card must be kept on file to be charged for any damage to The Oaks property caused by the Guest Group. Exhibit A, Reservation Quote is attached hereto and incorporated by reference. USE OF THE OAKS Use of The Oaks maybe reserved on a Shared or Exclusive use basis, depending upon the group count and/or agreement. This contract is for: EXCLUSIVE. Guest Group agrees to use The Oaks facilities and grounds in a respectful manner and agrees to be mindful and respectful to all staff and employees present at The Oaks at all times during use of the property and facilities considering proximity to others and sound volume of activities. In the event that Guest Group violates this provision, The Oaks shall be entitled to immediately terminate Guest Group's use of the Premises. NOISE RESTRICTIONS The Oaks is regulated under a county noise ordinance that requires the following: o No loudspeaker or sound amplification system shall be used to produce sounds that are in violation of the County Noise Ordinance. o No loudspeaker or sound amplification system shall be used to produce sounds from 9:OOpm to 8:OOam except for emergency announcements. o All speakers shall be directed towards the center of the campground and away from adjacent properties. SERVING ALCOHOL Guest Group acknowledges that The Oaks does not sell or serve alcohol or alcoholic beverages, including without limitation, beer, wine, liquor or spirits, at the property. Guest Group agrees that The Oaks, its owners, operators, employees, agents and servants shall not be responsible or liable for any liability, loss, claims or damages (including, but not limited to, property damage, personal injury, death, or disfigurement) which result or arise, directly or indirectly, from the supplying, service and/or consumption of alcohol or alcoholic beverages by Guest Group, any of Guest Group's guests, participants or invitees or any third parry attendants at Guest Group's event at The Oaks. Guest Group agrees that should it provide, supply, allow, or permit consumption of alcohol or alcoholic beverages or products by or to any of Guest Group's guests, participants or invitees or any third parry attendants at Guest Group's event at The Oaks, on the property or at any event on the property, Guest Group shall be solely responsible for any and all damages (including, but not limited to, property damage, personal injury, death, or disfigurement) caused or suffered by, or which result or arise, directly or indirectly, Guest Group, any of Guest Group's guests, participants or invitees or any third parry attendants at Guest Group's event. Guest Group further acknowledges and agrees that should it provide, supply, allow, or permit consumption of alcohol or alcoholic beverages or products by or to any of Guest Group's guests, participants or invitees or any third party attendants at Guest Group's event at The Oaks: o Under no circumstance shall Guest Group sell or attempt to sell, or charge a fee for, any alcohol or alcoholic beverages. o Guest Group shall use its best efforts to ensure that alcohol or alcoholic beverages will not be served to anyone who is intoxicated or appears to be intoxicated. • Guest Group hereby expressly grants The Oaks, at its sole discretion and option, the right, but The Oaks shall not have the obligation, to instruct its staff or security personnel to remove any of Guest Group's guests, participants or invitees or any third party attendants at Guest Group's event from The Oaks, the event or the property, if in the opinion of the staff in charge, the caterer or other security personnel in charge, that such person is or appears to be intoxicated, unruly or could present a danger to themselves or others and/or the property or The Oaks. o Guest Group shall be fully liable and responsible for all acts and actions of every kind and nature for each and every person in attendance at Guest Group's function or event. o Guest Group acknowledges that it is against California law to serve, provide or make available alcohol or alcoholic beverages to anyone underthe age of twenty-one (21). Guest Group confirms, affirms, covenants and agrees notto serve, provide or make available alcohol or alcoholic beverages to anyone under the age of twenty-one (21). Further, should anyone under the age of twenty-one (21) be given, consume, or have access to alcohol or alcoholic beverages while attending Guest Group's function or event at The Oaks or at the property, Guest Group shall be solely and fully liable for the safety and wellbeing of said individual, as well as all participants and invitees of Guest Group at the event. o Guest Group represents and warrants that Guest Group's functions or events at The Oaks shall be private events. o Self -pour or self -serve alcohol shall only be permissible at private meal times with prior written approval from The Oaks if Guest Group permits or makes alcohol or alcoholic beverages available for consumption at any of Guest Group's private function at The Oaks. o Notwithstanding anything to the contrary herein or otherwise, if Guest Group plans or desires to have alcohol service or alcoholic beverages served at any of Guest Group's functions, events or meals at The Oaks, such service (1) may only be provided by The Oaks -approved, licensed and insured bartender or catering service provider, and (2) must be with prior written approval from The Oaks. ALCOHOL SERVICE INDEMNIFICATION: Guest Group hereby agrees to indemnify, protect, defend and hold harmless The Oaks, The Oaks Venture, LLC and each of their respective owners, officers, directors, shareholders, partners, members, managers, employees, agents, heirs, assigns, lenders and insurers, absolutelyand forever, from any and all claims, demands, actions, causes of action, suits, damages, liability, expenses (including reasonable attorneys'fees and court costs), claims (including tort claims), and demands arising directly or indirectlyfrom anyfunction, event, or activity at The Oaks hosted by Guest Group at which, or Guest Group's presence at The Oaks duringwhich, alcohol is served, permitted, provided or consumed, or in connection with Guest Group's breach of any provision of the foregoingterms or failure to observe or perform any of Guest Group's obligations with respectto the foregoing alcohol policy, terms, covenants or agreements, regardless of whether a claim arises in whole or in part from any negligence or alleged negligence, including the sole,joint, concurrent, or contributory negligence, of the indemnitees. The foregoing indemnity shall survive Guest Group's occupancy or presence at The Oaks under this Agreement. GENERAL REQUIREMENTS o If The Oaks is not providing meals, the Guest Group shall procure an Oaks approved catererforfood and beverage service. All meals must be coordinated directly through the caterer only and paid to them directly. • If The Oaks is providing meals using our preferred caterers an additional cost shall be added to the contract and invoice to be presented and mutually agreed upon between both parties in advance. o The Oaks does not provide medical services to Guest Groups. Guest Groups are encouraged to provide their own licensed EMT, LVN or RN for the duration of the stay. a If guest group chooses to use the pool, guest group is responsible for providing a lifeguard if use exceeds (30) swimmers at any one time. o Guest Group shall keep dining room clean and orderly at all times during its stay. a The Guest Group shall pay for any damages to any property, furniture, furnishings and equipment beyond normal wear and tear. o Guest Group shail comply with The Oaks'rules posted on the grounds, or provided verbally and in written communication. o The Guest Group shall leave the property, including buildings, individual rooms, common areas and meeting spaces in a tidy condition. Guest Group shall be responsible for any undue and/or unreasonable cleaning due to excessive wear and tear and/or filth. A cleaning charge of $50 per hour, with one (1) hour minimum service assessed and Guest Group hereby agrees and consents to such charge to be made on the credit card on file. o None of the following are allowed on the property: pets (unless certified therapy dog), illegal drugs, firearms, dangerous knives, fireworks or explosives. o No burning of incense or candles anywhere on the property, No diffusers, Q No glitter, rice, confetti or sidewalk chalk allowed on the property. o The Oaks is a non-smoking property, Smoking in the rooms by Guest Group will Incur a $1,000 minimum cleaning charge per room and Guest Group hereby agrees and consents to such charge to be made on the credit card on file. o Guest Group must provide The Oaks with a conference itinerary and completed GSI form no later than 10 days prior to arrival This schedule will help our staff be prepared for your stay. • Guest Group must provide attendance count no later than 10 days prior to arrival. a Guest Group must provide a copy of housing assignments 10 day prior to arrival. o Upon arrival, Guest Group must provide a Master List of all attendees (as required by California state law and regulation). A complete list of names, addresses, and phone numbers of all attendees along with The Oaks Housing Form, and The Oaks Release of Liability Farms. INSURANCE REQUIREMENTS For all your insurance needs pertaining to your stay at The Oaks, please contact Lucynda Gullia at COR Plus Commercial Insurance Services at 844.567-1818. d The Oaks Release of Liability or General Release and Waiver of Liability, Assumption of Risk and Indemnity form must be completed in its entirety and signed by the appropriate person forall registered guests entering the property (including Day Use guests and approved vendors). Please have all yourforms in alphabetical order that coincide with your master list. • A certificate of Insurance. Guest Group agrees to obtain liability insurance covering your activities at the property in an amount not less than $1,000,000 (one million) occurrence and $2,000,000 (two million) aggregate. It will include coverage for Personal Injury, Property Damage and Contractual Liability. a Guest Group also agrees to obtain participant accident insurance coverage of a minimum of $4000 per injury. Proof of insurance is due two months prior to event. 4 Provide a list of vendors foryour event. All vendors must provide proof of insurance - and list The Oaks as additional insured. (see sampleAcord form forvendors), o The Oaks will provide proof of commercial general liability insurance with limits of no less than $1,000,000 (one million) per occurrence and $2,000,000 (two million) in the aggregate for personal Injury, bodily, injury, property damage and contractual liability. INIDEMNITYAND HOLD HARMLESS GuestGroup agrees that they will not hold or attempt to hold The Oaks Venture LLC, or its agents, owners, members or employees liable for any loss, damage or injuryto person or property caused by any act or omission of any person on or about the property, or caused in any matter other than gross negligence or intentional actions of The Oaks Venture LLC, its agents, owners, members and/or employees. Guest Group will defend, protect, indemnify and hold The Oaks Venture LLC and its owners, officers, directors, shareholders, partners, members, managers, employees, agents, heirs, and assigns ("the Oaks' Parties") harmless from and against any and all claims, liabilities, expenses, damages, losses, causes of action, and suits ("Claims") arising out of or in anyway relating to this Agreement, Guest Group's reservation herein, Guest Group's and its members, invitees, guests, vendors, employees or contractors' stay, attendance or presence at The Oaks Center or any of its properties, premises or participation in any activities offered at The Oaks Center or any of its affiliated premises, except to the extent such Claims arise out of gross negligence or intentional actions of The Oaks and/or The Oaks' Parties. This indemnity shall extend to and include any claims arising from any guest contracting Covid-19. FORCE MAJEURE If either parry's performance of obligations underthis Agreement is made impossible, materially hampered, interrupted, or interfered with for reasons including, but not limited to: fire, casualty, lockout, strike, labor conditions, unavoidable accident, riot, war, earthquake, landslides, pandemics or outbreaks, other acts of God, or by the enactment, issuance, or operation of any municipal, county, State, orfederal law, ordinance or executive, administrative, orjudicial regulation, order or decree, or by any local or national emergency (each, a "Force Majeure Event'j, such parry's performance shall be excused hereunder upon at leastfifteen (15) business days prior written notice to the other parry setting forth the details of the Force Majeure Event causingthe performance of such parry to be materially affected or made impossible, and this Agreement shall be cancelled. Additionally, Guest Group will be refunded any deposits paid prior to the Force Majeure event. If mutually agreed to by both Parties, they may reschedule the event to a later agreed upon date at no additional costto the Guest Group. CANCELLATION POLICY If this Agreement is cancelled (other than for Force Majeure Event) or changed for any reason afterthe contract is signed, the Guest Group agrees to pay the following: - If prior to 6 months from arrival date, the Deposit or any deposit will be forfeited. - If 3-6 months prior to event, Group agrees to pay 50% of the Minimum Financial Guarantee. - If 0-90 days priorto event. Group is responsible for the Minimum Financial Guarantee. FORGIVENESS POLICY If The Oaks Venture LLC is able to book another group of equal or greater value duringthe canceled time period, The Oaks Venture LLC will forgive any monetary forfeiture incurred accordingto the above schedule. Following the initial event inquiry, Guest Group may be granted a license for access tovisit and tour the property two (2) times for one hour at no cost. Each additional tour can be scheduled during normal business hours with a minimum of 7 days' notice and at as a rate of $50/hr. NOTICES All notice under this agreement shall be provided as follows: The Oaks (The Oaks Venture LLC) To Guest Group: With courtesy copies to: info@oakscenter.com City Clerk Chief of Police (760) 789-6980 City of Santa Ana City of Santa Ana Guest Group: 20 Civic Center Plaza (M-30) 60 Civic Center Plaza (M-96) P.O. Box 1988 P.O. Box 1988 DISPUTE RESOLUTION Santa Ana, CA 92702-1988 Santa Ana, California 92702 All disputes which may arise underthis Agreement shall first be resolved by mandatory mediation to be held in the County of Orange, California. In the event that the parties are unable to resolve the matter, they agree that the prevailing parry shall be entitled to an award of attorneys fee and costs. JURISDICTION AND VENUE The parties agree that all matters shall be subject to California law and thatJurisdiction and venue for resolving any matter shall be in the County of Orange, California. MISCELLANEOUS: This Agreement sets forth the entire agreement by and between the parties with respect to the matters set forth herein. There are no covenants, promises, agreements, conditions or understandings, either oral or written, other than those stated in this Agreement. No subsequent agreement, change, or addition to this Agreement shall be binding upon the parties unless in writing and signed by the parties. If any term, provision or condition contained in this Agreement shall, to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each and every other term, provision and condition of this Agreement shall be valid and enforceableto the fullest extent possible permitted by law. This Agreement may be executed in multiple counterparts, each of which may be deemed an original, but all of which together shall constitute one and the same agreement. ACKNOWLEDGEMENT (Agreement will not be confirmed until acknowledgment is complete and verified) have read The Oaks Reservation Agreement, conditions, and provisions in full. I understand and agree with the specifications, deadlines, agreements, covenants and responsibilities as stated in the Agreement. As an officer/coordinator of the Guest Group organization, I have the legal authority to bind said organization into this Agreement with the full understanding of its obligation to The Oaks and the responsibilities, agreements, and covenants to be performed by the Guest Group organization specified by this agreement. I/we hereby indicate our desire to use/rent The Oaks as indicated above and we agree to the terms and conditions of this contract as evidenced by the signature set forth below. This signature is valid even if person signing vacates the position. Guest Group Name: City of Santa Ana Authorized Contract Signee Name: Acting Chief of Police Robert Rodriguez The Oaks: The Oaks Venture LLC By: Bob Goff Name: Bob Goff Tide: Member To indicate your acceptance of the above, sign electronically below. CITY OF SANTA ANA See attached signature page BO® GOFF Type your name IN WITNESS WEEREOF, the parties hereto have executed this Agreement the date and year first above written. APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: TAN ARA BOGOSIAN Senior Assistant City Attorney CjS044 ANTA ANA UNEZ y Acting City Manager RECOMMENDED FOR APPROVAL: �. r ROBERT RODRIGUEZ Acting Chief of Police EXHIBIT A 6127/24, 10:06AM The Oaks - The Oaks Reservatlon Quote Exclusive Use, 3 nights, including meals (up to 20 guests) The From The Oaks 27224 Hwy 78 Ramona, CA 92065 TO Santa Ana PD/Rosa Ponce de Leon 60 Civic Center Plaza Santa Ana, CA 92701 Corporate Leadership Retreat, 3 nights All-inclusive package for 20 guests (per person pricing) includes: -multiple team and trust building sessions -lodging (20 rooms) -facllityfees -meeting spaces -8 meals * Alcohol and transportation not included QUANTITY The Oaks Reservation Quote 6383544 Issued May 2, 2024 PRICE TOTAL 20 $2,425.00 $48,500.00 Subtotal: $48,500.00 Tax: $0.00 Total: $48,500.00 I'Wa�ollre�e Leavy d Accepted: May 24th, 2024 https:/1663664.i 7hats.com/pwquote/bngbchrrvpddvwpfxthtvndgwggzhrkx 1/1 PHILADELPHIA INSURANCE COMPANIES A Memher of the Tokio Marine Group One Bala Plaza, Suite 100 Bala Cynwyd, Pennsylvania 19004 610.617.7900 Fax 610.617.7940 PHLY.com Philadelphia Indemnity Insurance Company A Stock Company (Nonparticipating) COMMON POLICY DECLARATIONS Policy Number: PHPK2635616 Named Insured and Mailing Address: The Oaks Venture LLC 2508 Historic Decatur Rd Ste 120 San Diego, CA 92106-6138 Policy Period From: 12/09/2023 To: 12/09/2024 Business Description: Guides and Outfitters Producer: 127479 A.F.N. Inc. DBA: A.F.N. - Allied Financi 1831 Ala Moana Blvd Ste 205 Honolulu, HI 96815 (408)250-7199 at12:01 A.M. Standard Time at your mailing address shown above. IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECTTO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAYBE SUBJECTTO ADJUSTMENT. Commercial Property Coverage Part Commercial General Liability Coverage Part Commercial Crime Coverage Part Commercial Inland Marine Coverage Part Commercial Auto Coverage Part Businessowners Workers Compensation Angie Acevedo PREMIUM 11,897.00 Digitally signed by Angie Acevedo Date: 2024.07.25 11:,"' �,�:52-0�'Q,Q;,, Total Includes Fees and Surcharges (See Schedule Attached) 5.28 Total Includes Federal Terrorism Risk Insurance Act Coverage j,:t j nn oR,N F Risk ManagementDiviaian a� REVIEWED & APPROVED BY. of �f f1 �ceve�Co CPD-PIIC-CW (02/21)� Risk Management Specialist Includes copyrighted material of Insurance Services Office, Inc., with FORM (S) AND ENDORSEMENT (S) MADE APART OF THIS POLICY AT THE TIME OF ISSUE Refer To Forms Schedule `Omitsapplicable Formsand Endorsementsif shown in specific Coverage Part/Coverage Form Declarations Secretary lw�*- President and CEO F RiskMmugementDiviaian %x REVIEWED&APPROVED BY. CPD_PIIC_CW (02/21) � Risk Management Specialist Includes copyrighted material of Insurance Ser\Aces Office, Inc., with V NJ PI-POL-FORM-SCH (08/20) Philadelphia Indemnity Insurance Company Form Schedule — Policy Policy Number: PHPK2635616 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue - Form BJP-190-1 IL N 177 PI -FEES -NOTICE 1 PP2020 CPD-PIIC-CW PI-LOC-SCH PI-AI-SCH PI-FEE-SCH PI-BELL-1 PI-CME-1 IL0017 IL0021 IL0270 PI-ACL-001 PI-SAM-018 PI-TER-DN 1 Edition Description 1298 Commercial Lines Policy Jacket 0912 California Premium Refund Disclosure Notice 1119 Notice Late/Non-Sufficient Funds/Reinstatement Fee 0220 Privacy Notice For Commercial Lines 0221 Common Policy Declarations 0820 Location Schedule 0820 Additional Insured Schedule 0820 Fees and Surcharge Schedule 1109 Bell Endorsement 1009 Crisis Management Enhancement Endorsement 1198 Common Policy Conditions 0908 Nuclear Energy Liability Exclusion Endorsement 0912 California Changes - Cancellation And Nonrenewal 1218 Absolute Cyber Liability And Electronic Exclusion 0519 Absolute Abuse or Molestation Exclusion 0121 Disclosure Notice Of Terrorism Ins Coverage Rejection PI-POL-FORM-SCH (08/20) Page 1 of 1 F RAMougementDMslcrn %x REVIEWE<7&PaPPROVmBY: — Risk Management Specialist PI-LOC-SCH (08/20) Philadelphia Indemnity Insurance Company Locations Schedule Policy Number: PHPK2635616 Prems. Bldg. 0001 0001 27224 Highway 78 Resort / Lodge Ramona, CA 92065-6703 F RiskMougementDMsian %x REVIEWED&APPROVED BY. PI-LOC-SCH (08/20)Risk Management Specialist Page 1 of 1 PI-AI-SCH (08/20) Philadelphia Indemnity Insurance Company Additional Insured Schedule Policy Number: PHPK2635616 Additional Insured Status granted if required by a contract effective during the policy term and executed prior to the occurrence. CG2026 - CA - Loc #ALL - ADDITIONAL INSURED F RiskMougmumtDMsbn %x REVIEWED&APPROVED BY. PI-AI-SCH (08/20)Risk Management Specialist Page 1 of 1 PI-FEE-SCH (08/20) Philadelphia Indemnity Insurance Company Fees and Surcharge Schedule Policy Number: PHPK2635616 California Consumer Service Functions Related to Auto Insurance $ .78 California Automobile Fraud Interdiction Program $ 1.50 California Investigation and Prosecution of Auto Insurance Fraud $ 3.00 F RiskMougmumtDMslcrn %x REVIEWED&APPROVED BY. PI-FEE-SCH (08/20)Risk Management Specialist Page 1 of 1 Philadelphia Indemnity Insurance Company COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number: PHPK2635616 Agent# 127479 M See Supplemental Schedule LIMITS OF INSURANCE $ 2, 000, 000 General Aggregate Limit (Other Than Products — Completed Operations) $ 2, 000, 000 Products/Completed Operations Aggregate Limit $ 1, 000, 000 Personal and Advertising Injury Limit (Any One Person or Organization) $ 1, 000, 000 Each Occurrence Limit $ 100, 000 Rented To You Limit (Any One Premises) $ 5, 000 Medical Expense Limit (Any One Person) FORM OF BUSINESS: LLC Business Description: Guides and Outfitters Location of All Premises You Own, Rent or Occupy: SEE SCHEDULE ATTACHED AUDIT PERIOD, ANNUAL, UNLESS OTHERWISE STATED: This policy is not subject to premium audit. Classifications Code No. Premium Basis Rates Prem.l Prod./ Ops. Comp. Ops Advance Premiums Prem./ Prod./ Ops. Comp. Ops. SEE SCHEDULE ATTACHED TOTAL PREMIUM FOR THIS COVERAGE PART: 1 $ 11,897.00 $ RETROACTIVE DATE (CG 00 02 ONLY) This insurance does not apply to "Bodily Injury", 'Property Damage", or "Personal and Advertising Injury" which occurs before the retroactive date, if any, shown below. Retroactive Date: NONE FORM (S) AND ENDORSEMENT (S) APPLICABLE TO THIS COVERAGE PART: Refer To Forms Schedule Countersignature Date Authorized Representative Risk ManagementDiviaian a� REVIEWED & APPROVED BY. t� �ceve�Co — J Risk Management Specialist Philadelphia Indemnity Insurance Company Form Schedule — General Liability Policy Number: PHPK2635616 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue - Form Gen Liab Dec Gen Liab Schedule CG0001 CG2026 CG2132 CG2133 CG2147 CG2149 CG2153 CG2167 CG2170 CG2196 CG2245 CG2402 CG3234 PI-GL-001 PI-GL-002 CA PI-GL-031 PI-GL-042 PI-GO-003 PI-GO-008 PI-GO-011 PI-SAM-006 Edition Description 1004 Commercial General Liability Coverage Part Declaration 0100 General Liability Schedule 0413 Commercial General Liability Coverage Form 0413 Additional Insured - Designated Person Or Organization 0509 Communicable Disease Exclusion 1185 Exclusion - Designated Products 1207 Employment -Related Practices Exclusion 0999 Total Pollution Exclusion Endorsement 0196 Exclusion - Designated Ongoing Operations 1204 Fungi or Bacteria Exclusion 0115 Cap On Losses From Certified Acts Of Terrorism 0305 Silica or Silica -Related Dust Exclusion 0413 Exclusion - Specified Therapeutic Or Cosmetic Services 1204 Binding Arbitration 0105 California Changes 0917 Exclusion - Lead Liability 0208 Exclusion - Asbestos Liability 0318 Subsidence Exclusion 0422 Total Exclusion - PFC/PFAS 0808 Aircraft, Auto or Watercraft Exclusion 0808 Limitation of Coverage to Designated Activities 0808 Personal Watercraft Exclusion 0117 Abuse Or Molestation Exclusion F RAMougementDMslcrn %x REVIEWE<7&PaPPROVmBY: — Risk Management Specialist Page 1 of Philadelphia Indemnity Insurance Company COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL SCHEDULE Policy Number: PHPK2635616 Agent # 127479 Rates Advance Premiums Premium Prem./ Prod./ Prem./ Prod./ Classifications Code No. Basis O s. Comp. O s. O s. Comp. O s. CA PREM NO. 001 HOTEL/MOTEL-W/POOL-<4 STORY 45190 1 5507.922 INCL 5,618 INCL FLAT CHARGE PROD/COMP OP SUBJ TO GEN AGG LIMIT CA PREM NO. 001 HALL -FP 44276 17,714 319.346 INCL 5,770 INCL AREA PROD/COMP OP SUBJ TO GEN AGG LIMIT CA PREM NO. 001 PARK/PLAYGROUND 46671 5 91.948 INCL 469 INCL PARK/PLAYGR PROD/COMP OP SUBJ TO GEN AGG LIMIT CA COMMUNICABLE DISEASE EXCLUSION CREDIT 44444 -10 CA LIMITATION OF COV DESIGNATED ACTIVITIES INCL CA 1 50 ADDITIONAL INSURED 44444 1 FLAT CHARGE Risk MougmumtDMsian REVIEWED & APPROVED BY. ® Risk Management Specialist IL N 119 10 15 CALIFORNIA AUTO BODY REPAIR CONSUMER BILL OF RIGHTS (This form was developed by the California Department of Insurance.) A CONSUMER IS ENTITLED TO: 1. SELECT THE AUTO BODY REPAIR SHOP TO REPAIR AUTO BODY DAMAGE COVERED BY THE INSURANCE COMPANY. AN INSURANCE COMPANY SHALL NOT REQUIRE THE REPAIRS TO BE DONE AT A SPECIFIC AUTO BODY REPAIR SHOP. 2. AN ITEMIZED WRITTEN ESTIMATE FOR AUTO BODY REPAIRS AND, UPON COMPLETION OF REPAIRS, A DETAILED INVOICE. THE ESTIMATE AND THE INVOICE MUST INCLUDE AN ITEMIZED LIST OF PARTS AND LABOR ALONG WITH THE TOTAL PRICE FOR THE WORK PERFORMED. THE ESTIMATE AND INVOICE MUST ALSO IDENTIFY ALL PARTS AS NEW, USED, AFTERMARKET, RECONDITIONED, OR REBUILT. 3. BE INFORMED ABOUT COVERAGE FOR TOWING AND STORAGE SERVICES. 4. BE INFORMED ABOUT THE EXTENT OF COVERAGE, IF ANY, FOR A REPLACEMENT RENTAL VEHICLE WHILE A DAMAGED VEHICLE IS BEING REPAIRED. 5. BE INFORMED OF WHERE TO REPORT SUSPECTED FRAUD OR OTHER COMPLAINTS AND CONCERNS ABOUT AUTO BODY REPAIRS. 6. SEEK AND OBTAIN AN INDEPENDENT REPAIR ESTIMATE DIRECTLY FROM A REGISTERED AUTO BODY REPAIR SHOP FOR REPAIR OF A DAMAGED VEHICLE, EVEN WHEN PURSUING AN INSURANCE CLAIM FOR REPAIR OF THE VEHICLE. COMPLAINTS WITHIN THE JURISDICTION OF THE BUREAU OF AUTOMOTIVE REPAIR Complaints concerning the repair of a vehicle by an auto body repair shop should be directed to: Toll Free (866) 799-3811 Bureau of Automotive Repair 10949 North Mather Blvd. Rancho Cordova, CA 95670 The Bureau of Automotive Repair can also accept complaints over its web site at: www.autorepair.ca.gov. COMPLAINTS WITHIN THE JURISDICTION OF THE CALIFORNIA INSURANCE COMMISSIONER Any concerns regarding how an auto insurance claim is being handled should be submitted to the California Department of Insurance at: (800) 927-4357 or (213) 897-8921 California Department of Insurance Consumer Services Division 300 South Spring Street Los Angeles, CA 90013 The California Department of Insurance can also accept complaints over its web site at: www.insurance.ca.gov. oR,N F RiskMougementD'Msian a� REvIEWED & APPROVED BY. Risk Management Specialist IL N 119 10 15 © Insurance Services Office, Inc., 2015 Page 1 of 1 ADVISORY NOTICE TO POLICYHOLDERS AUTO DEALERS COVERAGE GARAGE COVERAGE NOTICE OF REDUCTION IN COVERAGE This is a summary of changes in your policy. No coverage is provided by this summary nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the policy and this summary, THE PROVISIONS OF THE POLICY SHALL PREVAIL. The major areas within the policy that broaden or reduce coverage, and other changes, are highlighted below. This notice does not reference every editorial change made in your policy. Your policy is being renewed with one of the following endorsements: CA 25 57 10 13 — COMMUNICABLE DISEASE EXCLUSION FOR GENERAL LIABILITY COVERAGES PI-CA-030 (12/20) — COMMUNICABLE DISEASE EXCLUSION FOR GARAGE OPERATIONS — OTHER THAN COVERED AUTOS PI-CA-031 IL (12/20) — COMMUNICABLE DISEASE EXCLUSION FOR GENERAL LIABILITY COVERAGES — ILLINOIS PI-CA-031 WA (01/21) — COMMUNICABLE DISEASE EXCLUSION FOR GENERAL LIABILITY COVERAGES — WASHINGTON This endorsement excludes liability arising out of the actual or alleged transmission of a communicable disease, as outlined in the endorsement. F Risk Mougement D'Mslcrn % x REMEWE<7 & APPROVED BY. PI-CA-AD-CDEX-NOTICE 1 (01/21) Risk Management Specialist Page 1 of 1 y NJ Philadelphia Indemnity Insurance Company POLICY NUMBER: PHPK2635616 COMMERCIAL AUTO CA DS 03 03 10 BUSINESS AUTO DECLARATIONS ITEM ONE Named Insured and Mailing Address: The Oaks Venture LLC 2508 Historic Decatur Rd Ste 120 San Diego, CA 92106-6138 Policy Period From: 12/09/2023 To: 12/09/2024 At 12:01 A.M. Standard Time at your mailing address. Previous Policy Number: PHPK2494018 Form Of Business: LLC In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. Premium shown is payable at inception: $ Audit Period (If Applicable): n Annually n Semiannually n Quarterly n Monthly Endorsements Attached To This Policv: See Schedule Attached Countersianature Of Authorized Representative Name: Title: Signature: Date: Note Officers' facsimile signatures may be inserted here, on the policy cover or elsewhere oR,N F RiskMwugementDMs1crn a� REVIEWED & APPROVED BY. `® tq {iceva�o Risk Management Specialist CA DS 03 03 10 © Insurance Services Office, Inc., 2009 Page 1 of 13 0 ITEM TWO Schedule Of Coverages And Covered Autos This policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to those "autos" shown as covered "autos". "Autos" are shown as covered "autos" for a particular coverage by the entry of one or more of the symbols from the Covered Autos Section of the Business Auto Coverage Form next to the name of the coverage. Covered Coverages Autos Limit Premium Liability 07 $ 100,000 CSL $ 1,560.00 Personal Injury Separately Stated In Each Personal Injury $ Protection Protection Endorsement Minus (Or Equivalent $ Deductible No-fault Coverage) Added Personal Separately Stated In Each Added Personal $ Injury Protection Injury Protection (Or Equivalent Endorsement Added No-fault Coverage) Property Protection Separately Stated In The Property $ Insurance Protection Insurance Endorsement Minus (Michigan Only) $ Deductible For Each Accident Auto Medical 07 $ 5,000 $ 174.00 Payments Medical Expense Separately Stated In The Medical Expense $ And Income Loss And Income Loss Benefits Endorsement Benefits (Virginia Only) Uninsured 07 $ 100,000 CSL $ 99.00 Motorists Underinsured 07 $ 100,000 CSL $ INCL Motorists (When Not Included In Uninsured Motorists Coverage) Page 2 of 13 © Insurance Services Office, Inc., 2009 oR,N F RiskMougementDMslcrn a� REVIEWED & APPROVED BY. `® tq {iceva�o Risk Management Specialist CA DS 03 03 10 0 ITEM TWO Schedule Of Coverages And Covered Autos (Cont'd) Coverages Covered Autos Limit Premium Physical Actual Cash Value Or Cost Of Repair, $ Damage Whichever Is Less, Minus Comprehensive Coverage $ Deductible For Each Covered Auto, But No Deductible Applies To Loss Caused By Fire Or Lightning See Item Four for Hired or Borrowed Autos. Physical Actual Cash Value Or Cost Of Repair, $ Damage Whichever Is Less, Minus Specified $ 25 Deductible Causes Of Loss For Each Covered Auto For Loss Caused Coverage By Mischief Or Vandalism See Item Four for Hired or Borrowed Autos. Physical Actual Cash Value Or Cost Of Repair, $ Damage Whichever Is Less, Minus Collision Coverage $ Deductible For Each Covered Auto See Item Four for Hired or Borrowed Autos. Physical $ For Each $ Damage Towing Disablement Of A Private Passenger Auto And Labor Terrorism All Per Coverage Endorsement $ 0.00 Premium For Endorsements $ 5.28 Estimated Total Premium* $ 1,838.28 *This policy may be subject to final audit. CA DS 03 03 10 © Insurance Services Office, Inc., 2009 oR,N F RiskMwugementDMsian a� REVIEWED & APPROVED BY. tq t�ceva�o — J Risk Management Specialist Page 3 of 13 0 ITEM THREE Schedule Of Covered Autos You Own Covered Auto Number: Town And State Where The Covered Auto Will Be Principally Garaged: SEE SCHEDULE ATTACHED Covered Auto Description Year: Model: Trade Name: Body Type: Serial Number S : Vehicle Identification Number (VIN): Purchased Original Cost New: $ Actual Cost New Or Used: $ New Used Classification Radius Of Operation Business Use s=service r=retail c=commercial Size GVW, GCW Or Vehicle Seating Capacity Age Grou Secondary Rating Classification Code SEE SCHEDULE ATTACHED Except For Towing, All Physical Damage Loss Is Payable To You And The Loss Payee Named Below According To Their Interests In The Auto At The Time Of The Loss: SEE SCHEDULE(S) oR,N F RiskMougementDMslcrn a� REVIEWED & APPROVED BY. `® tq {iceva�o Risk Management Specialist Page 4 of 13 © Insurance Services Office, Inc., 2009 CA DS 03 03 10 0 ITEM THREE Schedule Of Covered Autos You Own (Cont'd) Coverages — Premiums, Limits And Deductibles (Absence of a deductible or limit entry in any column below means that the limit or deductible entry in the corresponding Item Two column applies instead.) Coverages Limit Premium Liability $ SEE SCHEDULE ATTACHED $ Personal Injury Stated In Each Personal Injury Protection $ Protection Endorsement Minus $ Deductible Added Personal Stated In Each Added Personal Injury $ Injury Protection Protection Endorsement Property Protection Stated In The Property Protection $ Insurance Insurance Endorsement Minus (Michigan Only) $ Deductible Auto Medical $ $ Payments Medical Expense And Stated In The Medical Expense And Income $ Income Loss Benefits Loss Benefits Endorsement For Each (Virginia Only) Person Comprehensive Stated In Item Two Minus $ $ Deductible Specified Causes Stated In Item Two Minus $ Of Loss $ 25 Deductible Collision Stated In Item Two Minus $ $ Deductible Towing And Labor $ Per Disablement $ Total Premiums SEE SCHEDULE ATTACHED Liability $ Personal Injury Protection $ Added Personal Injury Protection $ Property Protection Insurance (Michigan Only) $ Auto Medical Payments $ Medical Expense And Income Loss Benefits (Virginia Only) $ Comprehensive $ Specified Causes Of Loss $ Collision $ Towing And Labor $ CA DS 03 03 10 © Insurance Services Office, Inc., 2009 oR,N F RiskMougementDMslcrn a� REVIEWED & APPROVED BY. `® tq {iceva�o Risk Management Specialist Page 5 of 13 0 ITEM FOUR Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums Liability Coverage — Cost Of Hire Rating Basis For Autos Used In Your Motor Carrier Operations Other Than Mobile Or Farm Equip ment Estimated Annual Liability Coverage Cost Of Hire For All States Premium Primary Coverage $ SEE SCHEDULE ATTACHED, IF $ APPLICABLE Excess Coverage $ SEE SCHEDULE ATTACHED, IF $ APPLICABLE Total Premium $ For "autos" used in your motor carrier operations, cost of hire means: (a) The total dollar amount of costs you incurred for the hire of automobiles (includes "trailers" and semitrailers), and if not included therein, (b) The total remunerations of all operators and drivers' helpers, of hired automobiles whether hired with a driver by lessor or an "employee" of the lessee, or any other third party, and (c) The total dollar amount of any other costs (i.e., repair, maintenance, fuel, etc.) directly associated with operating the hired automobiles whether such costs are absorbed by the "insured", paid to the lessor or owner, or paid to others. Liability Coverage — Cost of Hire Rating Basis For Autos NOT Used In Your Motor Carrier Operations (Other Than Mobile Or Farm Equipment) Estimated Annual Liability Coverage State Cost Of Hire For Each State Premium Primary Coverage $ SEE SCHEDULE ATTACHED, IF $ APPLICABLE Excess Coverage $ SEE SCHEDULE ATTACHED, IF $ APPLICABLE Total Premium $ For "autos" NOT used in your motor carrier operations, cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos" you borrow or rent from your partners or "employees" or their family members). Cost of hire does not include charges for services performed by motor carriers of property or passengers. Page 6 of 13 © Insurance Services Office, Inc., 2009 oR,N F RiskMougementDMslcrn a� REVIEWED & APPROVED BY. `® tq {iceva�o Risk Management Specialist CA DS 03 03 10 0 ITEM FOUR Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums (Cont'd) Physical Damage Coverages — Cost of Hire Rating Basis For All Autos Other Than Mobile Or Farm Equipment) Estimated Annual Cost Of Hire For Each State (Excluding Autos Coverage State Limit Of Insurance Hired With A Driver) Premium Comprehensive Actual Cash Value Or Cost Of $ $ Repair, Whichever Is Less, Minus $ Deductible SEE SCHEDULE For Each Covered Auto, But No ATTACHED, IF Deductible Applies To Loss APPLICABLE Caused By Fire Or Lightning Specified Actual Cash Value Or Cost Of $ $ Causes Of Loss Repair, Whichever Is Less, Minus $ Deductible For Each Covered Auto For Loss Caused By Mischief Or Vandalism Collision Actual Cash Value Or Cost Of $ $ Repair, Whichever Is Less, Minus $ Deductible For Each Covered Auto Total Premium $ For Physical Damage Coverages, cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos" you borrow or rent from your partners or "employees" or their family members). Cost of hire does not include charges for any "auto" that is leased, hired, rented or borrowed with a driver. CA DS 03 03 10 © Insurance Services Office, Inc., 2009 oR,N F RiskMougementDMslcrn a� REVIEWED & APPROVED BY. `® tq {iceva�o Risk Management Specialist Page 7 of 13 0 ITEM FOUR Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums (Cont'd) Cost Of Hire Rating Basis For Mobile Or Farm Equipment — Other Than Physical Damage Coverages Estimated Annual Cost Of Hire For Each State Premium Coverage State Mobile Equipment Farm Equipment Mobile Equipment Farm Equipment Liability — $ $ $ $ Primary SEE Coverage SCHEDULE, IF APPLICABLE Liability — $ $ $ $ Excess Coverage Personal Injury $ $ $ $ Protection Medical $ $ $ $ Expense Benefits (Virginia Only) Income Loss $ $ $ $ Benefits (Virginia Only) Auto Medical $ $ $ $ Payments Total Premiums $ $ Cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos" you borrow or rent from your partners or "employees" or their family members). Cost of hire does not include charges for services performed by motor carriers of property or passengers. Page 8 of 13 © Insurance Services Office, Inc., 2009 oR,N F RiskMougementDMslcrn a� REVIEWED & APPROVED BY. `® tq {iceva�o Risk Management Specialist CA DS 03 03 10 0 ITEM FOUR Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums (Cont'd) Cost Of Hire Rating Basis For Mobile Or Farm Equipment — Physical Damage Coverages Estimated Annual Cost Of Hire For Each State (Excluding Autos Hired With A Driver) Premium Mobile Farm Mobile Farm Coverage State Limit Of Insurance Equipment Equipment Equipment Equip ment Compre- Actual Cash Value Or $ $ $ $ hensive Cost Of Repair, SEE Whichever Is Less, Minus SCHEDULE, $ Ded. IF For Each Covered Auto, APPLICABLE But No Deductible Applies To Loss Caused By Fire Or Lightning Specified Actual Cash Value Or $ $ $ $ Causes Cost Of Repair, Of Loss Whichever Is Less, Minus $ Ded. For Each Covered Auto For Loss Caused By Mischief Or Vandalism Collision Actual Cash Value Or $ $ $ $ Cost Of Repair, Whichever Is Less, Minus $ Ded. For Each Covered Auto Total Premiums $ Is For Physical Damage Coverages, cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos" you borrow or rent from your partners or "employees" or their family members). Cost of hire does not include charges for any auto that is leased, hired, rented or borrowed with a driver. CA DS 03 03 10 © Insurance Services Office, Inc., 2009 oR,N F RiskMougementDMslcrn a� REVIEWED & APPROVED BY. tq t�ceva�o — J Risk Management Specialist Page 9 of 13 0 ITEM FOUR Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums (Cont'd) Rental Period Rating Basis For Mobile Or Farm Equipment Estimated Number Of Days Equipment Will Be Rented Premium Town and State Where The Job Site Mobile Farm Coverage Is Located Equipment Equipment Mobile Equipment Farm Equipment Liability — Primary $ $ Coverage Liability — Excess $ $ Coverage Personal Injury $ $ Protection Medical Expense $ $ Benefits (Virginia Only) Income Loss $ $ Benefits (Virginia Only) Auto Medical $ $ Payments Total Premiums $ $ Page 10 of 13 © Insurance Services Office, Inc., 2009 oR,N F RiskMougementDMslcrn a� REVIEWED & APPROVED BY. `® tq {iceva�o Risk Management Specialist CA DS 03 03 10 0 ITEM FIVE Schedule For Non -ownership Liability Named Insured's Business Rating Basis Number Premium Other Than Garage Service Number Of Employees $ Operations And Other Than Social Service Agencies Number Of Partners (Active and Inactive) $ Garage Service Operations Number Of Employees Whose $ Principal Duty Involves The Operation Of Autos Number Of Partners $ Active and Inactive Social Service Agencies Number Of Employees $ Number Of Volunteers Who $ Regularly Use Autos To Transport Clients Number Of Partners $ (Active and Inactive) Total Premium $ ITEM SIX Schedule For Gross Receipts Or Mileage Basis Address Of Business Headquarters Location: Type Of Risk (Check one): Public Autos Leasing Or Rental Concerns Rating Basis (Check one): Gross Receipts (Per $100) Mileage (Per Mile) Estimated Yearly Gross Receipts Or Mileage): Premiums Liability $ Personal Injury Protection $ Added Personal Injury Protection $ Property Protection Insurance (Michigan Only) $ Auto Medical Payments $ Medical Expense And Income Loss Benefits (Virginia Only) $ Comprehensive $ Specified Causes Of Loss $ Collision $ Towing And Labor $ CA DS 03 03 10 © Insurance Services Office, Inc., 2009 oR,N F RiskMougementDMslcrn a� REVIEWED & APPROVED BY. tq t�ceva�o — J Risk Management Specialist Page 11 of 13 0 ITEM SIX Schedule For Gross Receipts Or Mileage Basis (Cont'd) Address Of Business Headquarters Location: Type Of Risk (Check one): ❑ Public Autos Leasing Or Rental Concerns Rating Basis (Check one): ❑ Gross Receipts (Per $100) Mileage (Per Mile) Estimated Yearly Gross Receipts Or Mileage): Premiums Liability $ Personal Injury Protection $ Added Personal Injury Protection $ Property Protection Insurance (Michigan Only) $ Auto Medical Payments $ Medical Expense And Income Loss Benefits (Virginia Only) $ Comprehensive $ Specified Causes Of Loss $ Collision $ Towing And Labor $ Address Of Business Headquarters Location: Type Of Risk (Check one): ❑ Public Autos Leasing Or Rental Concerns Rating Basis (Check one): ❑ Gross Receipts (Per $100) Mileage (Per Mile) Estimated Yearly Gross Receipts Or Mileage): Premiums Liability $ Personal Injury Protection $ Added Personal Injury Protection $ Property Protection Insurance (Michigan Only) $ Auto Medical Payments $ Medical Expense And Income Loss Benefits (Virginia Only) $ Comprehensive $ Specified Causes Of Loss $ Collision $ Towing And Labor $ Page 12 of 13 © Insurance Services Office, Inc., 2009 oR,N F RiskMougementDMslcrn a� REVIEWED & APPROVED BY. `® tq {iceva�o Risk Management Specialist CA DS 03 03 10 0 When used as a premium basis: FOR PUBLIC AUTOS Gross receipts means the total amount earned by the named insured for transporting passengers, mail and merchandise. Gross receipts does not include: A. Amounts paid to air, sea or land carriers operating under their own permits. B. Advertising revenue. C. Taxes collected as a separate item and paid directly to the government. D. C.O.D. collections for cost of mail or merchandise including collection fees. Mileage means the total live and dead mileage of all revenue producing "autos" during the policy period. FOR RENTAL OR LEASING CONCERNS Gross receipts means the total amount earned by the named insured for the leasing or renting of "autos" to others without drivers. Mileage means the total live and dead mileage of all "autos" you leased or rented to others without drivers. CA DS 03 03 10 © Insurance Services Office, Inc., 2009 oR,N F RiskMougementDMslcrn a� REVIEWED & APPROVED BY. tq t�ceva�o — J Risk Management Specialist Page 13 of 13 0 Philadelphia Indemnity Insurance Company Form Schedule — Commercial Auto Policy Number: PHPK2635616 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue - Form Edition Description IL N 119 1015 California Auto Body Repair Consumer Bill Of Rights PI-CA-AD-CDEX-NOTICE 1 0121 Advisory Notice To Policyholders -Notice of Red in Cov CADS03 0310 Business Auto Declarations Auto Schedule 0100 Business Auto Schedule CA0001 0310 Business Auto Coverage Form CA0143 0507 California Changes CA0424 0406 California Auto Medical Payments Coverage CA2155 0610 California Uninsured Motorists Cov-Property Damage PI-AUT-001 0116 Cap On Losses From Certified Acts Of Terrorism PI-CA-032 CA 0521 California Uninsured Motorists Coverage -Bodily Injury F Risk Mougement D'Mslcrn %x REVIEWE<7&PaPPROVmBY: — Risk Management Specialist Page 1 of 1 BUSINESS AUTO SCHEDULE POLICY NUMBER: PHPK2635616 SCHEDULE OF COVERED AUTOS YOU OWN Covered DESCRIPTION TERRITORY Auto No. Year Model; Trade Name; Body Type Serial Number (S); Vehicle Identification Number (VIN) Town or City & Zip where the Covered Auto will be principally garaged 1 2004 FORD F250, 1FTNF20LO4EA57687 042 Ramona, CA 92065 2 1990 TOYOTA PICKUP, JT4RN81P7L5055474 042 Ramona, CA 92065 3 1989 TOYOTA PICKUP, JT5VN94TOK0004306 042 Ramona, CA 92065 Covered CLASSIFICATION PURCHASED Auto No. Radius of Operation Business Use s = service r = retail c = comml. Size GVW, CGW or Vehicle Seating Capacity Age Group Primary Rating Factor Sec. Rating Factor Code Original Cost New Stated Amount Liab. Ph .Dam. Liab. Ph .Dam. 1 LOCAL S 5,000 12 1.000 01199 22,390 2 LOCAL S 5,000 12 1.000 01199 22,390 3 LOCAL S 5,000 12 1.000 01199 22,390 Total Premium Covered LIABILITY AUTO. MED. MEDICAL EXPENSE AND INCOME LOSS BENEFITS VA ONLY Auto No. Limit (in thousands) Premium Limit Premium Limit Stated In Each Med. Exp. And Inc. Loss Ben. End. For Each Person Premium 1 100 520.00 5,000 58.00 2 100 520.00 5,000 58.00 3 100 520.00 5,000 58.00 Total Premium 1 560 .00 174.00 Covered PERSONAL INJURY PROTECTION P.P.I. (Mich, Only) UNINSURED/UNDERINSURED Auto No. Limit stated in each P.I.P. end. Premium Limit stated in each P.P.I. end. Premium Limit in thousands)Premium UM UIM 1 100/3.5 33.00 X X 2 100/3.5 33.00 X X 3 100/3.5 33.00 X X Total Premium 99.00 Page 1 of oR, RiskManagmumtDMslcrn REVIEWED & APPROVED BY. o � `I A� Aceve�c; Risk Management Specialist BUSINESS AUTO SCHEDULE POLICY NUMBER: PHPK2635616 SCHEDULE OF COVERED AUTOS YOU OWN (Cont'd) Covered COMPREHENSIVE SPEC. CAUSES OF LOSS COLLISION Auto No. Deductible Premium Premium Deductible Premium 1 2 3 Total Premium Covered Auto No. TOWING & LABOR Except for towing all physical damage loss is payable to you and the loss payee named below as interests may appear at the time of the loss. TOTAL Limit per disablement Premium Premium 1 1 611.00 2 See Schedule(s) 611.00 3 611.00 Total Premium 1,833.00 Page 2 of oR,N F RiskManagmumtDMslcrn REVIEWED & APPROVED BY. o, z `I A-j. e Aave4 Risk Management Specialist PI-BELL-1 (11/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BELL ENDORSEMENT PHILADELPHIA One Bala Plaza, Suite 100 INSURANCE COMPANIES Bala Cynwyd, Pennsylvania 19004 61 C.617.7900 Fax 610.617.7940 A Member of the Tokio Marine Group PH LY. com Unless otherwise stated herein, the terms, conditions, exclusions and other limitations set forth in this endorsement are solely applicable to coverage afforded by this endorsement, and the policy is amended as follows: I. SCHEDULE OF ADDITIONAL COVERAGES AND LIMITS The following is a summary of Limits of Liability or Limits of Insurance and/or additional coverages provided by this endorsement. This endorsement is subject to the provisions of the policy to which it is attached. COVERAGE LIMITS OF INSURANCE Business Travel Accident Benefit $50,000 Conference Cancellation $25,000 Donation Assurance $50,000 Emergency Real Estate Consulting Fee $50,000 Fundraising Event Blackout $25,000 Identity Theft Expense $50,000 Image Restoration and Counseling $50,000 Key Individual Replacement Expenses $50,000 Kidnap Expense $50,000 Political Unrest $5,000 per employee: $25,000 policy limit Temporary Meeting Space Reimbursement $25,000 Terrorism Travel Reimbursement $50,000 Travel Delay Reimbursement $1,500 Workplace Violence Counseling Page 1 of 8 © 2009 Philadelphia Insurance Companies $50,000 F RiskMougementDiviaian %x REVIEWE<7 & APPROVED BY. — Risk Management Specialist PI-BELL-1 (11/09) II. CONDITIONS A. Applicability of Coverage Coverage provided by your policy and any endorsements attached thereto is amended by this endorsement where applicable. B. Limits of Liability or Limits of Insurance When coverage is provided by this endorsement and another coverage form or endorsement attached to this policy, the greater limits of liability or limits of insurance will apply. In no instance will multiple limits apply to coverages which may be duplicated within this policy. Additionally, if this policy and any other coverage part or policy issued to you by us, or any company affiliated with us, apply to the same occurrence, offense, wrongful act, accident or loss, the maximum limits of liability or limits of insurance under all such coverage parts or policies combined shall not exceed the highest applicable limits of liability or limits of insurance under any one coverage part or policy. 2. Limits of liability or limits of insurance identified in Section I. SCHEDULE OF ADDITIONAL COVERAGES AND LIMITS above are not excess of, but are in addition to the applicable Limits of Liability or Limits of Insurance stated in the Declarations. C. Claim Expenses Coverages provided herein are not applicable to the generation of claim adjustment costs by you; such as fees you may incur by retaining a public adjuster or appraiser. III. ADDITIONAL COVERAGES A. Business Travel Accident Benefit We will pay a Business Travel Accident Benefit to the insured if a director or officer suffers injury or death while traveling on a common carrier for your business during the policy period. For the purpose of Business Travel Accident Benefit coverage, injury means: 1. Physical damage to the body caused by violence, fracture, or an accident that results in loss of life not later than one hundred eighty (180) days after the policy expiration, the date of cancellation or the date of non -renewal; 2. Accidental loss of limbs or multiple fingers; 3. Total loss of sight, speech or hearing. The limit of insurance for this coverage is $50,000 per policy period for all insureds combined. No deductible applies to this coverage. The Business Travel Accident Benefit shall not be payable if the cause of the injury was: 1. An intentional act by the insured; 2. An act of suicide or attempted suicide; 3. An act of war; or 4. A disease process. Page 2 of 8 © 2009 Philadelphia Insurance Companies F Risk Me agement DMslcrn % x REMEWE<7 & APPROVED BY. — Risk Management Specialist PI-BELL-1 (11/09) B. Conference Cancellation We will reimburse the insured for any business -related conference expenses, paid by the insured and not otherwise reimbursed, for a canceled conference that an employee was scheduled to attend. The cancellation must be due directly to a "natural catastrophe" or a "communicable disease" outbreak that forces the cancellation of the conference. With respect to a conference cancellation claim, it is further agreed as follows: 1. The insured employee must have registered for the conference at least thirty (30) days prior to the cancellation; and 2. The cancellation must be ordered by a local, state or federal Board of Health or other governmental authority having jurisdiction over the location of the conference. The limit of insurance for this coverage is $25,000 per policy period for all insureds combined. No deductible applies to this coverage. C. Donation Assurance If the insured is a 501(c)(3) status non-profit organization as defined in the United States Internal Revenue Code, we will reimburse the insured for "failed donation claim(s)." With respect to any "failed donation claim," it is further agreed as follows: 1. The donor must not have been in bankruptcy, nor have filed for bankruptcy or reorganization in the past seven (7) years prior to the time said pledge was made to the insured; 2. For non -cash donations, our payment of a "failed donation claim" shall be based on the fair market value of said non -cash donation at the time of the "failed donation claim"; 3. In the case of unemployment or incapacitation of a natural person donor and as a condition of payment of the "failed donation claim": a. Neither the natural person donor nor the insured shall have had reason to believe the donor would become unemployed or incapacitated subsequent to the donation date; and b. The donor shall be unemployed for at least sixty (60) days prior to a claim being submitted by the insured; 4. No coverage shall be afforded for a written pledge of funds or other measurable, tangible property to the insured dated prior to the policy period; and 5. A donation amount which is to be collected by the insured over more than a twelve (12) month period shall be deemed a single donation. The limit of insurance for this coverage is $50,000 per policy period for all insureds combined. No deductible applies to this coverage. D. Emergency Real Estate Consulting Fee We will reimburse the insured any realtor's fee or real estate consultant's fr- ------° _ _� the insured's need to relocate due to the "unforeseeable destruction" of the RAMougementDMslcn location" listed in the Declarations during the policy period. The limit of ins ' REVIEWED&APPROVED BY. Page 3 of 8 � Risk Management Specialist © 2009 Philadelphia Insurance Companies PI-BELL-1 (11/09) coverage is $50,000 per policy period for all insureds combined. No deductible applies to this coverage. E. Fundraising Event Blackout We will reimburse the insured for "fundraising expenses" that are incurred due to the cancellation of a fundraising event caused by the lack of electric supply resulting in a power outage, provided the fundraising event is not re -scheduled. The fundraising event must have been planned at least thirty (30) days prior to the power outage. The limit of insurance for this coverage is $25,000 per policy period for all insureds combined. No deductible applies to this coverage. F. Identity Theft Expense We will reimburse any present director or officer of the named insured for "identity theft expenses" incurred as the direct result of any "identity theft" first discovered and reported during the policy period; provided that it began to occur subsequent to the effective date of the insured's first policy with us. The limit of insurance for this coverage is $50,000 per policy period for all insureds combined. No deductible applies to this coverage. G. Image Restoration and Counseling We will reimburse the insured for expenses incurred for image restoration and counseling arising out of "improper acts" by any natural person. Covered expenses are limited to: 1. The costs of rehabilitation and counseling for the accused natural person insured, provided the natural person insured is not ultimately found guilty of criminal conduct; this reimbursement to occur after acquittal of the natural person insured; 2. The costs charged by a recruiter or expended on advertising, for replacing an officer as a result of "improper acts"; and 3. The costs of restoring the named insured's reputation and consumer confidence through image consulting. The limit of insurance for this coverage is $50,000 per policy period for all insureds combined. No deductible applies to this coverage. H. Key Individual Replacement Expenses We will pay "key individual replacement expenses" if the Chief Executive Officer or Executive Director suffers an "injury" during the policy period which results in the loss of life during the policy period. The limit of insurance for this coverage is the lesser of $50,000 or ten (10) times the annual premium paid for this policy. No deductible applies to this coverage. Kidnap Expense We will pay on behalf of any director or officer of the insured, reasonable fees incurred as a result of the kidnapping of them or their spouse, "domestic partner," parent or child during the policy period. Coverage will not apply to any kidnapping by or at the direction of any present or former family member of the victim. Reasonable fees will include: RAMeagementDMslcrn % REVIEWED & APPROVED BY. Page 4 of 8 Risk Management Specialist © 2009 Philadelphia Insurance Companies PI-BELL-1 (11/09) 1. Fees and costs of independent negotiators; 2. Interest costs for any loan from a financial institution taken by you to pay a ransom demand or extortion threat; 3. Travel costs and accommodations incurred by the named insured; 4. Reward money paid to an informant which leads to the arrest and conviction of parties responsible for loss covered under this insurance; and 5. Salary, commissions and other financial benefits paid by you to a director or officer. Such compensation applies at the level in effect on the date of the kidnap and ends upon the earliest of: a. Up to thirty (30) days after their release, if the director or officer has not yet returned to work; b. Discovery of their death; c. One hundred twenty (120) days after the last credible evidence following abduction that they are still alive; or d. Twelve (12) months after the date of the kidnapping. The limit of insurance for this coverage is $50,000 each policy period for all insureds combined. No deductible applies to this coverage. J. Political Unrest Coverage We will reimburse any present director, officer, employee or volunteer of the named insured while traveling outside the United States of America for "emergency evacuation expenses" that are incurred as a result of an incident of "political unrest." This "political unrest" must occur during the policy period. No coverage is granted for travel to countries in a state of "political unrest" at the time of departure of the travel. The limit of insurance for this coverage is $5,000 per covered person, subject to a maximum of $25,000 per policy period for all insureds combined. No deductible applies to this coverage. K. Temporary Meeting Space Reimbursement We will reimburse the insured for rental of meeting space which is necessitated by the temporary unavailability of the insured's primary office space due to the failure of a climate control system, or leakage of a hot water heater during the policy period. Coverage will exist only for the renting of temporary meeting space required for meeting with parties who are not insured under this policy. The limit of insurance for this coverage is $25,000 per policy period for all insureds combined. No deductible applies to this coverage. L. Terrorism Travel Reimbursement We will reimburse any present director or officer of the named insured in the event of a "certified act of terrorism" during the policy period which necessitates that he/she incurs "emergency travel expenses." The limit of insurance for this coverage is $50,000 per policy period for all insureds combined. No deductible applies to this coverage. Page 5 of 8 © 2009 Philadelphia Insurance Companies oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. t� �Icevedo — J Risk Management Specialist PI-BELL-1 (11/09) M. Travel Delay Reimbursement We will reimburse any present director or officer of the named insured for any "non - reimbursable expenses" they incur as a result of the cancellation of any regularly scheduled business travel on a common carrier. The limit of insurance for this coverage is $1,500 per policy period for all insureds combined. A seventy-two (72) hour waiting period deductible applies to this coverage. N. Workplace Violence Counseling We will reimburse the insured for emotional counseling expenses incurred directly as a result of a "workplace violence" incident at any of the insured's premises during the policy period. The emotional counseling expenses incurred must have been for: 1. Your employees who were victims of, or witnesses to the "workplace violence"; 2. The spouse, "domestic partner," parents or children of your employees who were victims of, or witnesses to the "workplace violence"; and 3. Any other person or persons who directly witnessed the "workplace violence" incident. The limit of insurance for this coverage is $50,000 per policy period for all insureds combined. No deductible applies to this coverage. IV. DEFINITIONS For the purpose of this endorsement, the following definitions apply: A. "Certified act of terrorism" means any act so defined under the Terrorism Risk Insurance Act, and its amendments or extensions. B. "Communicable disease" means an illness, sickness, condition or an interruption or disorder of body functions, systems or organs that is transmissible by an infection or a contagion directly or indirectly through human contact, or contact with human fluids, waste, or similar agent, such as, but not limited to Meningitis, Measles or Legionnaire's Disease. C. "Domestic partner" means any person who qualifies as a domestic partner under the provisions of any federal, state or local statute or regulation, or under the terms and provisions of any employee benefit or other program established by the named insured. D. "Emergency evacuation expenses" mean: 1. Additional lodging expenses; 2. Additional transportation costs; 3. The cost of obtaining replacements of lost or stolen travel documents necessary for evacuation from the area of "political unrest"; and 4. Translation services, message transmittals and other communication expenses. provided that these expenses are not otherwise reimbursable. E. "Emergency travel expenses" mean: F RiskMougementDMslcrn %x REVIEWED&APPROVED BY. Page 6 of 8 � Risk Management Specialist © 2009 Philadelphia Insurance Companies PI-BELL-1 (11/09) 1. Hotel expenses incurred which directly result from the cancellation of a scheduled transport by a commercial transportation carrier, resulting directly from and within forty-eight (48) hours of a "certified act of terrorism"; and 2. The increased amount incurred which may result from re -scheduling comparable transport, to replace a similarly scheduled transport canceled by a commercial transportation carrier in direct response to a "certified act of terrorism"; provided that these expenses are not otherwise reimbursable. F. "Failed donation claim" means written notice to the insured during the policy period of: 1. The bankruptcy or reorganization of any donor whereby such bankruptcy or reorganization prevents the donor from honoring a prior written pledge of funds or other measurable, tangible property to the insured; or 2. The unemployment or incapacitation of a natural person donor preventing him/her from honoring a prior written pledge of funds or other measurable, tangible property to the insured. G. "Fundraising expenses" mean deposits forfeited and other charges paid by you for catering services, property and equipment rentals and related transport, venue rentals, accommodations (including travel), and entertainment expenses less any deposits or other fees refunded or refundable to you. H. "Identity theft" means the act of knowingly transferring or using, without lawful authority, a means of identification of any director or officer (or spouse or "domestic partner" thereof) of the named insured with the intent to commit, or to aid or abet another to commit, any unlawful activity that constitutes a violation of federal law or a felony under any applicable state or local law. I. "Identity theft expenses" mean: 1. Costs for notarizing affidavits or similar documents attesting to fraud required by financial institutions or similar credit grantors or credit agencies; 2. Costs for certified mail to law enforcement agencies, credit agencies, financial institutions or similar credit grantors; and 3. Loan application fees for re -applying for a loan or loans when the original application is rejected solely because the lender received incorrect credit information. J. "Improper acts" means any actual or alleged act of: 1. Sexual abuse; 2. Sexual intimacy; 3. Sexual molestation; or 4. Sexual assault; committed by an insured against any natural person who is not an insured. Such "improper acts" must have been committed by the insured while in his or her capacity -- -- oR, RiskMougementDMsian K. "Injury" whenever used in this endorsement, other than in Section III. A. BL =�,� � �,�, REVIEWED&APPROVED BY. ° � A Aawav Page 7 of 8 Risk Management Specialist © 2009 Philadelphia Insurance Companies PI-BELL-1 (11/09) means any physical damage to the body caused by violence, fracture or an accident. L. "Key individual replacement expenses" mean the following necessary expenses: 1. Costs of advertising the employment position opening; 2. Travel, lodging, meal and entertainment expenses incurred in interviewing job applicants for the employment position opening; and 3. Miscellaneous extra expenses incurred in finding, interviewing and negotiating with the job applicants, including, but not limited to, overtime pay, costs to verify the background and references of the applicants and legal expenses incurred to draw up an employment contract. M. "Natural catastrophe" means hurricane, tornado, earthquake or flood. N. "Non -reimbursable expenses" means the following travel -related expenses incurred after a seventy-two (72) hour waiting period, beginning from the time documented on the proof of cancellation, and for which your director or officer produces a receipt: 1. Meals and lodging; 2. Alternative transportation; 3. Clothing and necessary toiletries; and 4. Emergency prescription and non-prescription drug expenses. O. "Political unrest" means: 1. A short-term condition of disturbance, turmoil or agitation within a foreign country that poses imminent risks to the security of citizens of the United States; 2. A long-term condition of disturbance, turmoil or agitation that makes a foreign country dangerous or unstable for citizens of the United States; or 3. A condition of disturbance, turmoil or agitation in a foreign country that constrains the United States Government's ability to assist citizens of the United States, due to the closure or inaccessibility of an embassy or consulate or because of a reduction of its staff for which either an alert or travel warning has been issued by the United States Department of State. P. "Principal location" means the headquarters, home office or main location where most business is substantially conducted. Q. "Unforeseeable destruction" means damage resulting from a "certified act of terrorism," fire, collision or collapse which renders all of the insured's "principal locations" completely unusable. R. "Workplace violence" means any intentional use of or threat to use deadly force by any person with intent to cause harm and that results in bodily "injury" or death of any person while on the insured's premises. Page 8 of 8 © 2009 Philadelphia Insurance Companies oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. t� �Icevedo — J Risk Management Specialist PI-CME-1 (10/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CRISIS MANAGEMENT ENHANCEMENT ENDORSEMENT Unless otherwise stated herein, the terms, conditions, exclusions and other limitations set forth in this endorsement are solely applicable to coverage afforded by this endorsement, and the policy is amended as follows: Solely for the purpose of this endorsement: 1) The words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. 2) The words "we," "us" and "our" refer to the company providing this insurance. I. SCHEDULE OF ADDITIONAL COVERAGE AND LIMITS The following is the Limit of Liability provided by this endorsement. This endorsement is subject to the provisions of the policy to which it is attached. Crisis Management Expense II. CONDITIONS A. Applicability of Coverage $25,000 Coverage provided by your policy and any endorsements attached thereto is amended by this endorsement where applicable. All other terms and conditions of the policy or coverage part to which this endorsement is attached remain unchanged. B. Limits of Liability or Limits of Insurance When coverage is provided by this endorsement and any other coverage form or endorsement attached to this policy, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Liability or Limit of Insurance. C. Claim Expenses Coverages provided herein are not applicable to the generation of claim adjustment costs by you; such as fees you may incur by retaining a public adjuster or appraiser. III. ADDITIONAL COVERAGES A. We will reimburse you for "crisis management emergency response expenses" incurred because of an "incident" giving rise to a "crisis" to which this insurance applies. The amount of such reimbursement is limited as described in Section II. CONDITIONS, B. Limits of Liability or Limits of Insurance. No other obligation or liability to pay sums or perform acts or services is covered. B. We will reimburse only those "crisis management emergency response expenses" which are incurred during the policy period as shown in the Declarations of the policy +n Mhir-h +hic coverage is attached and reported to us within six (6) months of the date th RAMougementDMslcrn initiated. <7 %x REVIEWE& APPROVED BY. — Risk Management Specialist Page 1 of 2 y NJ PI-CME-1 (10/09) IV. DEFINITIONS A. "Crisis" means the public announcement that an "incident" occurred on your premises or at an event sponsored by you. B. "Crisis management emergency response expenses" mean those expenses incurred for services provided by a "crisis management firm." However, "crisis management emergency response expenses" shall not include compensation, fees, benefits, overhead, charges or expenses of any insured or any of your employees, nor shall "crisis management emergency response expenses" include any expenses that are payable on your behalf or reimbursable to you under any other valid and collectible insurance. C. "Crisis management firm" means any service provider you hire that is acceptable to us. Our consent will not be unreasonably withheld. D. "Incident' means an accident or other event, including the accidental discharge of pollutants, resulting in death or serious bodily injury to three or more persons. E. "Serious bodily injury" means any injury to a person that creates a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. F Risk Me agement DMslcrn % x REVIEWED & APPROVED BY. — Risk Management Specialist Page 2 of 2 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or de- livering to us advance written notice of cancel- lation. 2. We may cancel this policy by mailing or deliv- ering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of pre- mium; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suf- ficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara- tions is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; IL001711 98 b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in- sured. If you die, your rights and duties will be trans- ferred to your legal representative but only while acting within the scope of duties as your legal rep- resentative. Until your legal representative is ap- pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to ti- F RiskMougementDMslcrn %x REVIEWED & APPROVED BY. Risk Management Specialist IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 11 IL 00 21 09 08 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: A. Under any Liability Coverage, to "bodily injury" or "property damage": (1) With respect to which an "insured" under the policy is also an insured under a nu- clear energy liability policy issued by Nu- clear Energy Liability Insurance Associa- tion, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Associa- tion of Canada or any of their successors, or would be an insured under any such pol- icy but for its termination upon exhaustion of its limit of liability; or (2) Resulting from the "hazardous properties" of "nuclear material' and with respect to which (a) any person or organization is re- quired to maintain financial protection pur- suant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "in- sured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organi- zation. B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily in- 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. C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazard- ous properties" of "nuclear material", if: (1) The "nuclear material' (a) is at any "nuclear facility" owned by, or operated by or on be- half of, an "insured" or (b) has been dis- charged or dispersed therefrom; (2) The "nuclear material' is contained in "spent fuel" or "waste" at any time pos- sessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an "insured"; or (3) The "bodily injury" or "property damage" arises out of the furnishing by an "insured" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nu- clear facility", but if such facility is located within the United States of America, its terri- tories or possessions or Canada, this ex- clusion (3) applies only to "property dam- age" to such "nuclear facility" and any property thereat. 2. As used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "spe- cial nuclear material' or "by-product material". IL 00 21 09 08 © ISO Properties, Inc., 2007 oR,N F Risk ManagementDMslcrn a� REvIEWED & APPROVED BY. Risk Management Specialist Page 1 of 2 0 "Source material", "special nuclear material', and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel com- ponent, solid or liquid, which has been used or ex- posed to radiation in a "nuclear reactor". "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentra- tion of uranium or thorium from any ore processed primarily for its "source material' content, and (b) resulting from the operation by any person or or- ganization of any "nuclear facility" included under the first two paragraphs of the definition of "nu- clear facility". "Nuclear facility" means: (a) Any "nuclear reactor"; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel', or (3) handling, processing or packag- ing "waste"; (c) Any equipment or device used for the proc- essing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto- nium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radioac- tive contamination of property. Risk Management DMslcrn % x REVIEWED & APPROVED BY. Risk Management Specialist Page 2 of 2 © ISO Properties, Inc., 2007 IL 00 21 09 08 0 IL 02 70 09 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES - CANCELLATION AND NONRENEWAL 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 POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following: 2. All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, advance written notice of cancellation, stating the reason for cancellation, at least: a. 10 days before the effective date of cancellation if we cancel for: (1) Nonpayment of premium; or (2) Discovery of fraud by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. All Policies In Effect For More Than 60 Days a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: (1) Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks. (2) Discovery of fraud or material misrepresentation by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. (3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. IL 02 70 09 12 © Insurance Services Office, Inc., 2012 oR,N F Risk ManagementDMslcrn a� REvIEWED & APPROVED BY. Risk Management Specialist Page 1 of 4 (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your representative, which materially increase any of the risks insured against. (5) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. (6) A determination by the Commissioner of Insurance that the: (a) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or (b) Continuation of the policy coverage would: (i) Place us in violation of California law or the laws of the state where we are domiciled; or Threaten our solvency (7) A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the policy. b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud; or (2) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a. B. The following provision is added to the Cancellation Common Policy Condition: 7. Residential Property This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part — Farm Property — Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. If such coverage has been in effect for 60 days or less, and is not a renewal of coverage we previously issued, we may cancel this coverage for any reason, except as provided in b. and c. below. b. We may not cancel this policy solely because the first Named Insured has: (1) Accepted an offer of earthquake coverage; or (2) Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA) that included an earthquake policy premium surcharge. However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil conditions exist on the premises. This restriction (c.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Commercial Property Coverage Part — Causes Of Loss — Special Form; or (2) Farm Coverage Part — Causes Of Loss Form — Farm Property, Paragraph D. Covered Causes Of Loss — Special. oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. Risk Management Specialist Page 2 of 4 © Insurance Services Office, Inc., 2012 IL 02 70 09 12 C. The following is added and supersedes any (2) The Commissioner of Insurance finds provisions to the contrary: that the exposure to potential losses will Nonrenewal threaten our solvency or place us in a hazardous condition. A hazardous 1. Subject to the provisions of Paragraphs C.2. condition includes, but is not limited to, a and C.3. below, if we elect not to renew this condition in which we make claims policy, we will mail or deliver written notice, payments for losses resulting from an stating the reason for nonrenewal, to the first earthquake that occurred within the Named Insured shown in the Declarations, and preceding two years and that required a to the producer of record, at least 60 days, but reduction in policyholder surplus of at not more than 120 days, before the expiration least 25% for payment of those claims; or anniversary date. or We will mail or deliver our notice to the first (3) We have: Named Insured, and to the producer of record, at the mailing address shown in the policy. (a) Lost or experienced a substantial reduction in the availability or scope 2. Residential Property of reinsurance coverage; or This provision applies to coverage on real (b) Experienced a substantial increase property used predominantly for residential in the premium charged for purposes and consisting of not more than four reinsurance coverage of our dwelling units, and to coverage on tenants' residential property insurance household property contained in a residential policies; and unit, if such coverage is written under one of the following: the Commissioner has approved a plan Commercial Property Coverage Part for the nonrenewals that is fair and equitable, and that is responsive to the Farm Coverage Part — Farm Property — Farm changes in our reinsurance position. Dwellings, Appurtenant Structures And Household Personal Property Coverage Form c. We will not refuse to renew such coverage solely because the first Named Insured has a. We may elect not to renew such coverage cancelled or did not renew a policy, issued for any reason, except as provided in b., c. by the California Earthquake Authority, that and d. below. included an earthquake policy premium b. We will not refuse to renew such coverage surcharge. solely because the first Named Insured has d. We will not refuse to renew such coverage accepted an offer of earthquake coverage. solely because corrosive soil conditions However, the following applies only to exist on the premises. This restriction (d.) insurers who are associate participating applies only if coverage is subject to one of insurers as established by Cal. Ins. Code the following, which exclude loss or Section 10089.16. We may elect not to damage caused by or resulting from renew such coverage after the first Named corrosive soil conditions: Insured has accepted an offer of (1) Commercial Property Coverage Part — earthquake coverage, if one or more of the Causes Of Loss — Special Form; or following reasons applies: (2) Farm Coverage Part —Causes Of Loss (1) The nonrenewal is based on sound Form — Farm Property, Paragraph D. underwriting principles that relate to the Covered Causes Of Loss — Special. coverages provided by this policy and that are consistent with the approved 3. We are not required to send notice of rating plan and related documents filed nonrenewal in the following situations: with the Department of Insurance as a. If the transfer or renewal of a policy, without required by existing law; any changes in terms, conditions or rates, is between us and a member of our insurance group. IL 02 70 09 12 © Insurance Services Office, Inc., 2012 oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. Risk Management Specialist Page 3 of 4 b. If the policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph C.1. c. If you have obtained replacement coverage, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. e. If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f. If we have made a written offer to the first Named Insured, in accordance with the timeframes shown in Paragraph CA., to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%. oR,N F RiskMougementDMslcrn a� REVIEWED & APPROVED BY. `® tq {iceva�o Risk Management Specialist Page 4 of 4 © Insurance Services Office, Inc., 2012 IL 02 70 09 12 PI-ACL-001 (12/18) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE CYBER LIABILITY AND ELECTRONIC EXCLUSION The following exclusion applies to all coverages afforded under this policy: This insurance does not apply to any loss, cost, expense, fine, penalty, error and omission, or damage alleging, arising out of or from, attributable to, or giving rise to: (1) Any access to, collection or disclosure of, or failure to erase any person's or organization's confidential or personal information, including but not limited to patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information, biometrics, or any other type of nonpublic information; or (2) Business interruption or suspension of operations as caused by any access, unauthorized access, lack of access, delay in access, damage, manipulation, loss, or impairment to Electronic Data or Electronic Media; or (3) Cyber Extortion; or (4) A Privacy Breach; or (5) A Security Breach; or (6) Any fraudulent communication through Electronic Media that impersonates any person or organization, including but not limited to phishing or other social engineering techniques or otherwise; or (7) Any computer code, software, or programming; or (8) Any Security Breach that results in any electronic thing or device or Electronic Media malfunctioning, improperly functioning, non-functioning, failing to perform as the intended user desired, or being electronically manipulated to perform in a way that causes harm to the insured or others; or (9) The loss, loss of use, misuse, delay, manipulation, corruption, damage, alteration, destruction, distortion, erasure, or theft of, or inability to access or manipulate Electronic Data or Electronic Media as a result of Cyber Extortion; or Privacy Breach; or Security Breach (10) Any failure of utilities based upon, arising out of, or attributable to any mechanical or electrical failure, interruption, or outage, however caused, including but not limited to any electrical power interruption or surge, brownout, blackout, short circuit, over voltage, or power fluctuation or outage to gas, water, telephone, cable, satellite, telecommunications, the internet, or any component thereof, including but not limited to hardware, software, or any other infrastructure as a result of Cyber Extortion; or Privacy Breach; or Security Breach. (11) This exclusion applies even if damages are claimed for notification costs, errors or omissions, credit monitoring expenses, forensic expenses, public relations expenses, or any other loss, cost, or expense incurred by the insured or others arising out of that which is described in Paragraphs (1) through (10) above. As used in this exclusion, the following definitions apply Page 1 of 3 oR,N F RiskMougementDMsian @2018 Philadelphia Consolidated Holding Corp. _ REMEWED&APPROVED BY. Risk Management Specialist PI-ACL-001 (12/18) PI-ACL-001 (12/18) Computer hardware means the physical components of any computer system including CPU's, memory storage devices, storage media, and input/output devices and other peripheral devices and components including but not limited to cable, connectors, fiber optics, networking equipment, electronic data storage devices, input and output devices, backup facilities, wire, power supply units, keyboards, display monitors and audio speakers. Computer system means an electronic, wireless, web or similar systems (including all computer hardware, computer programs and electronic data) used to process data or information in an analog, digital, electronic or wireless format, including but not limited to, associated input and output devices, data storage devices, networking equipment, wired or wireless peripherals, electronic backup facilities, and media libraries, that is owned or leased, operated and controlled by the insured or operated by an independent contractor authorized to provide Business Process Outsourcing services or outsourced Information Technology services for the insured. Corporate Information Breach means the public disclosure of an organization's non-public information. Cyber Extortion means any threat or connected series of threats communicated to the insured for the purpose of demanding money, securities, or property, including but not limited to threats to release, divulge, disseminate, corrupt, damage or destroy Electronic Data or Electronic Media; introduce malware or malicious code into the insured's computer system; electronically communicate with the insured's customers in order to fraudulently obtain personal information, money, securities or property; or restrict or hinder access to the insured's computer system, Electronic Data or Electronic Media, including but not limited to ransomware. Denial of service means unauthorized or unexpected interference or malicious attack by any person(s) or entity(ies) that restricts or prevents access to a computer system by persons or entities authorized to gain access to the computer system or electronic data. Electronic Data means information, facts, blockchain, crypto currencies, or computer programs stored as or on, created or used on, or transmitted to or from computer software, including but not limited to systems and applications software, hard or floppy disks, CD-ROMs, DVDs, external drives, USB sticks, tapes, drives, cells, microchip, data processing devices, or any other media which are used with electronically controlled equipment. The term computer programs, referred to in the foregoing description of Electronic Data, means a set of related electronic instructions which direct the operations and functions of a computer or device connected to it, which enable the computer or device to receive, process, store, retrieve, or send data. Electronic Media means broadcast or storage media that take advantage of electronic technology. They include television, radio, Internet, fax, Bluetooth, GPS, audio beacons, electronic data, and any other medium that requires electricity or digital encoding of information. .Malicious code means unauthorized and corrupting or harmful computer code, including but not limited to computer viruses, spyware, Trojan horses, worms, logic bombs, and mutations of any of the preceding. Page 2 of 3 oR,N F RiskMougementDMsian @2018 Philadelphia Consolidated Holding Corp. _ REMEWED&APPROVED BY. Risk Management Specialist PI-ACL-001 (12/18) PI-ACL-001 (12/18) Privacy Breach means a common law or statutory breach of confidence or violation of any common law or statutory rights to privacy, including but not limited to breach of a privacy policy, breach of a person's right of publicity, misappropriation of likeness, false light, intrusion upon a person's seclusion, or public disclosure of a person's or animal's private information. Privacy Breach will also include a Corporate Information Breach. Security breach means: 1. Unauthorized access of the insured's computer system or unauthorized use of computer systems including unauthorized access or unauthorized use resulting from the theft of a password from the insured's computer system; 2. A denial of service attack against your computer systems; or 3. Infection of the insured's computer system by malicious code or transmission of malicious code from the insured's computer systems, whether any of the foregoing is a specifically targeted attack or a generally distributed attack. Unauthorized access means the gaining of access to a computer system by an unauthorized person or persons. Unauthorized use means the use of a computer system by an unauthorized person or persons or an authorized person in an unauthorized manner. This Endorsement is an absolute exclusion for cyber liability, Electronic Data, Electronic Media and Security Breaches. This Endorsement applies except if coverage is specifically and affirmatively provided in the following coverage forms or endorsements issued by us and only in respect to the coverage afforded in those coverage forms or endorsements. In no event will this Endorsement broaden any coverage afforded in any coverage form or endorsement: • Cyber Security Liability Coverage Form • Cyber Security Liability Endorsement • Building and Personal Property Coverage Form • Fraudulent Inducement Insuring Agreement • Fraudulent Inducement Insuring Agreement - Broad Form • Fraudulent Impersonation • Fraudulent Impersonation Ultimate Cover • Business Income and Extra Expense Coverage Form • Computer Coverage Form All other terms and conditions remain unchanged. Page 3 of 3 Risk Me agement DMslcn @2018 Philadelphia Consolidated Holding Corp. ReneWEo&APPROVED BY. — Risk Management Specialist PI-ACL-001 (12/18) PI-SAM-018 (05/19) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE ABUSE OR MOLESTATION EXCLUSION PROFESSIONAL LIABILITY The following exclusion applies to all professional liability coverages afforded in any coverage form or endorsement issued by us. When the applicable professional liability coverage: A. Contains an abuse or molestation exclusion, it is deleted in its entirety and replaced with the following; or B. Does not contain an abuse or molestation exclusion, the following is added This insurance does not apply to any loss, cost, expense, fine, penalty, act, error and omission, or damage alleging, arising out of or from, attributable to, or giving rise to any injury sustained by any person caused by the alleged, actual or threatened abuse or molestation by anyone. We shall not have any duty to defend any "suit" against any insured on account of any such injury This exclusion applies to all injury sustained by any person, including emotional distress, arising out of molestation or abuse whether alleged, actual or threatened including but not limited to molestation or abuse arising out of your negligence or other wrongdoing with respect to: 1. a. Hiring, placement, employment, training; b. Investigation; c. Supervision; d. Reporting any molestation or abuse to the proper authorities, or failure to so report; or e. Retention of a person for whom any insured is or ever was legally responsible or for whom any insured may have assumed the liability; and whose conduct would be excluded above; or 2. a. Failure to provide professional services to; or b. Neglect of the therapeutic needs of, any person because of the conduct which would be excluded above. This endorsement is an absolute exclusion for abuse or molestation. All other terms and conditions remain unchanged. F Risk Me agement DMslcrn %x REVIEWED&APPROVmBY. PI-SAM-018 05/19 ( ) Page 1 of 1 � Risk Management Specialist Includes copyrighted material of Insurance Services Office, Inc., with pei PI-TER-DN1 (1/21) Policy Number: PHPK2635616 Namedlnsured: The Oaks Venture LLC PHILADELPHIA INSURANCE COMPANIES A Member of the Tokio Marine Group Terrorism Premium (Certified Acts) $ 232.00 One Bala Plaza, Suite 100 Bala Cynwyd, Pennsylvania 19004 610.617.7900 Fax 610.617.7940 PHLY.com DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE REJECTION OPTION You are hereby notified that under the Terrorism Risk Insurance Act, as amended, you have a right to purchase insurance coverage for losses resulting from acts of terrorism. As defined in Section 102(1) of the Act: The term "act of terrorism" means any act or acts that are certified by the Secretary of the Treasury —in consultation with the Secretary of Homeland Security, and the Attorney General of the United States —to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Govermnent by coercion. YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA, THE UNITED STATES GOVERNMENT'S FEDERAL SHARE OF TERRORISM LOSSES IS 80% OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS' LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED $100 BILLION, YOUR COVERAGE MAY BE REDUCED. Your attached proposal (or policy) includes a charge for terrorism. We will issue (or have issued) your policy with terrorism coverage unless you decline by placing an "X" in the box below. NOTE 1: If "included" is shown on your proposal (or policy) for terrorism you WILL NOT have the option to reject the coverage. NOTE 2: You will want to check with entities that have an interest in your organization as they may require that you maintain terrorism coverage (e.g. mortgagees). EXCEPTION: If you have property coverage on your policy, the following Standard Fire Policy states do not permit an Insured to reject fire ensuing from terrorism: CA, CT, GA, HI, IA, IL, MA, ME, MO, NJ, NY, NC, OR, RI, VA, WA, WV, WI. Therefore, if you are domiciled in the above states and reject terrorism -- -_- - - " -"" '-- charged for fire ensuing from terrorism as separately designated on your proposal. RAMwugementDMsian % REVIEWED & APPROVED BY: °�i�ll�f As•�:e Aceve�C: Risk Management Specialist Page 1 of 2 PI-TER-DN1 (1/21) decline to purchase terrorism coverage. I understand that I will have no coverage for losses arising from "certified" acts of terrorism, EXCEPT as noted above. You, as the Insured, have 30 days after receipt of this notice to consider the selection/rejection of "terrorism" coverage. After this 30 day period, any request for selection or rejection of terrorism coverage WILL NOT be honored. REQUIRED IN GA — LIMITATION ON PAYMENT OF TERRORISM LOSSES (applies to policies which cover terrorism losses insured under the federal program, including those which only cover fire losses) The provisions of the Terrorism Risk Insurance Act, as amended, can limit our maximum liability for payment of losses from certified acts of terrorism. That determination will be based on a formula set forth in the law involving the national total of federally insured terrorism losses in an annual period and individual insurer participation in payment of such losses. If one or more certified acts of terrorism in an annual period causes the maximum liability for payment of losses from certified acts of terrorism to be reached, and we have satisfied our required level of payments under the law, then we will not pay for the portion of such losses above that maximum. However, that is subject to possible change at that time, as Congress may, under the Act, determine that payments above the cap will be made. INSURED'S SIGNATURE DATE F RiskMougementDMslcrn %x REVIEWE<7&PaPPROVmBY: — Risk Management Specialist Page 2 of 2 V NJ COMMERCIAL GENERAL LIABILITY CG 00 01 04 13 COMMERCIAL GENERAL LIABILITY 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, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and 'bur" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II — Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COVERAGES COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any 'occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an 'occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. e. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". CG 00 01 04 13 © Insurance Services Office, Inc., 2012 oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. t� �Icevedo — J Risk Management Specialist Page 1 of 16 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the "occurrence" which caused the "bodily injury" or "property damage", involved that which is described in Paragraph (1), (2) or (3) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. Risk Management Specialist 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 (1) "Bodily injury" or "property damage" arising on which any insured or any contractors out of the actual, alleged or threatened or subcontractors working directly or discharge, dispersal, seepage, migration, indirectly on any insured's behalf are release or escape of "pollutants": performing operations if the "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 (i i) "Bodily injury" or "property damage" a vehicle part designed to hold, store for which you may be held liable, if or receive them. This exception does you are a contractor and the owner not apply if the "bodily injury" or or lessee of such premises, site or "property damage" arises out of the location has been added to your intentional discharge, dispersal or policy as an additional insured with release of the fuels, lubricants or respect to your ongoing operations other operating fluids, or if such performed for that additional insured fuels, lubricants or other operating at that premises, site or location and fluids are brought on or to the such premises, site or location is not premises, site or location with the and never was owned or occupied intent that they be discharged, by, or rented or loaned to, any dispersed or released as part of the insured, other than that additional operations being performed by such insured; or insured, contractor or subcontractor; (iii) "Bodily injury" or "property damage" (i i) "Bodily injury" or "property damage" arising out of heat, smoke or fumes sustained within a building and from a "hostile fire"; caused by the release of gases, (b) At or from any premises, site or location fumes or vapors from materials which is or was at any time used by or brought into that building in for any insured or others for the connection with operations being handling, storage, disposal, processing performed by you or on your behalf or treatment of waste; by a contractor or subcontractor; or (c) Which are or were at any time (iii) "Bodily injury" or "property damage" transported, handled, stored, treated, arising out of heat, smoke or fumes "hostile disposed of, or processed as waste by from a fire". or for: (e) At or from any premises, site or location (i) Any insured; or on which any insured or any contractors 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". oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. t� �Icevedo — J Risk Management Specialist CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 3 of 16 (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". 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, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment". h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. i. War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to " E Risk ManagementDMsian o REVIEWED & APPROVED BY. fj �ceve�o ® Risk Management Specialist Page 4 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard". k. Damage To Your Product "Property damage" to "your product' arising out of it or any part of it. I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products - completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product' or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product'; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. However, this exclusion does not apply to liability for damages because of "bodily injury". 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. q. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury" or "property damage" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (I F Risk Me agement Diviaian % x REVIEWED & APPROVED BY. Risk Management Specialist CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 5 of 16 (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral or written publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral or written publication, in any manner, of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's advertising idea in your "advertisement". g. Quality Or Performance Of Goods — Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement". oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. Risk Management Specialist Page 6 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 i. Infringement Of Copyright, Patent, Trademark Or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in your "advertisement". However, this exclusion does not apply to infringement, in your "advertisement", of copyright, trade dress or slogan. j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "personal and advertising injury" under the Definitions section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. I. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution -related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. CG 00 01 04 13 © Insurance Services Office, Inc., 2012 oR,N F Risk ManagementDMsian a� REvIEWED & APPROVED BY. Risk Management Specialist Page 7 of 16 COVERAGE C — MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, X-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products -Completed Operations Hazard Included within the "products -completed operations hazard". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. Risk Management Specialist Page 8 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to 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". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II —WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. CG 00 01 04 13 © Insurance Services Office, Inc., 2012 oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. Risk Management Specialist Page 9 of 16 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you 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 failing to provide professional health care services. (2) "Property damage" to property: (a) Owned, occupied or used by; (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or ,'volunteer worker"), or any organization while acting as your real estate manager. 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B. oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. Risk Management Specialist Page 10 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard". 4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon 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 (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send demands, notices, papers received in claim or "suit"; us copies of any summonses or legal connection with the (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. t� �Icevedo — J Risk Management Specialist CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 11 of 16 4. Other Insurance (3) When this insurance is excess over other If other valid and collectible insurance is available insurance, we will pay only our share of the to the insured for a loss we cover under amount of the loss, if any, that exceeds the Coverages A or B of this Coverage Part, our sum of: obligations are limited as follows: (a) The total amount that all such other a. Primary Insurance insurance would pay for the loss in the absence of this insurance; and This insurance is primary except when Paragraph b. below applies. If this insurance is (b) The total of all deductible and self - primary, our obligations are not affected unless insured amounts under all that other any of the other insurance is also primary. insurance. Then, we will share with all that other (4) We will share the remaining loss, if any, insurance by the method described in with any other insurance that is not Paragraph c. below. described in this Excess Insurance b. Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance (1) This insurance is excess over: shown in the Declarations of this Coverage (a) Any of the other insurance, whether Part. 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 (ii) That is Fire insurance for premises applicable limit of insurance or none of the loss rented to you or temporarily remains, whichever comes first. occupied by you with permission of If any of the other insurance does not permit the owner; contribution by equal shares, we will contribute (iii) That is insurance purchased by you by limits. Under this method, each insurer's to cover your liability as a tenant for share is based on the ratio of its applicable "property damage" to premises limit of insurance to the total applicable limits of rented to you or temporarily insurance of all insurers. 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 subject to Exclusion g. of Section I — b. Premium shown in this Coverage Part as Coverage A — Bodily Injury And advance premium is a deposit premium only. Property Damage Liability. At the close of each audit period we will 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 defends, we will undertake to do so, but we 6. Representations will be entitled to the insured's rights By accepting this policy, you agree: against all those other insurers. a. The statements in accurate and complet( RAMougementDiviaian % REVIEWED& APPROVED BY. ® Risk Management Specialist Page 12 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 4. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication; provided the insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in Paragraph a. above or in a settlement we agree to. 5. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 6. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. 7. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 8. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the terms of the contract or ai F Risk Me agement DMslcrn % x REVIEWED & APPROVED BY. Idill IIf, Aawdo — Risk Management Specialist CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 13 of 16 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. 10."Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 11."Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 12."Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. oR,N F Risk Me agement DMslcn a� REVIEWED & APPROVED BY. Risk Management Specialist Page 14 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 13."Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 14. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; f. The use of another's advertising idea in your "advertisement"; or g. Infringing upon another's copyright, trade dress or slogan in your "advertisement". 15. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 16. "Products -completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy Schedule, states that products - completed operations are subject to the General Aggregate Limit. 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this i Risk MaugementDiviaian is not tangible property. % REVIEWED & APPROVED BY. Risk Management Specialist CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 15 of 16 As used in this definition, 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. 18."Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19."Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. 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. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. Risk Management Specialist Page 16 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 POLICY NUMBER: PHPK2635616 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Status granted if required by a contract effective during the policy term and executed prior to the occurrence. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement applicable Limits of Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 shall not increase the Insurance shown in the oR,N F RiskMwugementDMs1crn a� REVIEWED & APPROVED BY. `® tq {iceva�o Risk Management Specialist Page 1 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: Communicable Disease "Bodily injury" or "property damage" arising out of the actual or alleged transmission of a com- municable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the: a. Supervising, hiring, employing, training or monitoring of others that may be infected with and spread a communicable disease; b. Testing for a communicable disease; c. Failure to prevent the spread of the dis- ease; or d. Failure to report the disease to authorities. This insurance does not apply to: Communicable Disease "Personal and advertising injury" arising out of the actual or alleged transmission of a commu- nicable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the: a. Supervising, hiring, employing, training or monitoring of others that may be infected with and spread a communicable disease; b. Testing for a communicable disease; c. Failure to prevent the spread of the dis- ease; or d. Failure to report the disease to authorities. CG 21 32 05 09 © Insurance Services Office, Inc., 2008 oR,N F RiskMougementDMslcrn a� REVIEWED & APPROVED BY. `® tq {iceva�o Risk Management Specialist y NJ Page 1 of 1 0 POLICY NUMBER: PHPK2635616 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - DESIGNATED PRODUCTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Designated Product(s): Any and All Equine Riding and/or Horseback Operations and Activities (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) This insurance does not apply to "bodily injury" or "property damage" included in the "products -completed opera- tions hazard" and arising out of any of "your products" shown in the Schedule. oR,N F RiskMougementDMslcrn a� REVIEWED & APPROVED BY. `® tq {iceva�o Risk Management Specialist y NJ CG 21 33 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 ❑ 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., Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability: This insurance does not apply to: "Bodily injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment -related practices, policies, acts or omissions, such as coercion, demo- tion, evaluation, reassignment, discipline, defamation, harassment, humiliation, dis- crimination or malicious prosecution di- rected at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment - related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the injury -causing event described in Paragraphs (a), (b) or (c) above occurs before employment, during employment or after em- ployment of that person; (2) Whether the insured may be liable as an em- ployer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. B. The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage B — Per- sonal And Advertising Injury Liability: This insurance does not apply to: "Personal and advertising injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment -related practices, policies, acts or omissions, such as coercion, demo- tion, evaluation, reassignment, discipline, defamation, harassment, humiliation, dis- crimination or malicious prosecution di- rected at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any of the employment -related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the injury -causing event described in Paragraphs (a), (b) or (c) above occurs before employment, during employment or after em- ployment of that person; (2) Whether the insured may be liable as an em- ployer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. CG 21 47 12 07 © ISO Properties, Inc., 2006 oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. Risk Management Specialist Page 1 of 1 0 COMMERCIAL GENERAL LIABILITY CG 21 49 09 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under Paragraph 2., Exclusions of Sec- tion I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: This insurance does not apply to: f. Pollution (1) "Bodily injury" or "property damage" which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants" at any time. (2) Any loss, cost or expense arising out of any (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or (b) Claim or suit by or on behalf of a govern- mental authority for damages because of testing for, monitoring, cleaning up, remov- ing, containing, treating, detoxifying or neu- tralizing, or in any way responding to, or assessing the effects of, "pollutants". CG 21 49 09 99 Copyright, Insurance Services Office, Inc., 1998 oR,N F RiskMougementDMslcrn a� REVIEWED & APPROVED BY. tq t�ceva�o — J Risk Management Specialist Page 1 of 1 0 POLICY NUMBER: PHPK2635616 COMMERCIAL GENERAL LIABILITY CG 21 53 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - DESIGNATED ONGOING OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description of Designated Ongoing Operation(s): Any and All Equine Riding and/or Horseback Operations and Activities Specified Location (If Applicable): All (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following exclusion is added to paragraph 2., Exclusions of COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages): This insurance does not apply to "bodily injury" or "property damage" arising out of the ongoing opera- tions described in the Schedule of this endorsement, regardless of whether such operations are conducted by you or on your behalf or whether the operations are conducted for yourself or for others. Unless a "location" is specified it exclusion applies regardless of tions are conducted by you or specific "location" is designated this endorsement, this exclusion described ongoing operations "location". the Schedule, this where such opera- )n your behalf. If a in the Schedule of applies only to the conducted at that For the purpose of this endorsement, "location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. oR,N F RiskMougementDMslcrn a� REVIEWED & APPROVED BY. `® tq {iceva�o Risk Management Specialist y NJ CG 21 53 01 96 Copyright, Insurance Services Office, Inc., 1994 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 — Coverage A — Bodily Exclusions of Section I — Coverage B — Per - Injury And Property Damage Liability: sonal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: Fungi Or Bacteria a. "Bodily injury" or "property damage" which would not have occurred, in whole or in part, but for the actual, alleged or threat- ened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any "fungi" or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed con- currently or in any sequence to such injury or damage. b. Any loss, cost or expenses arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxify- ing, neutralizing, remediating or disposing of, or in any way responding to, or assess- ing the effects of, "fungi" or bacteria, by any insured or by any other person or entity. This exclusion does not apply to any "fungi" or bacteria that are, are on, or are contained in, a good or product intended for bodily consump- tion. 2. Exclusions This insurance does not apply to: Fungi Or Bacteria a. "Personal and advertising injury" which would not have taken place, in whole or in part, but for the actual, alleged or threat- ened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of any "fungi" or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed con- currently or in any sequence to such injury. b. Any loss, cost or expense arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, "fungi" or bacteria, by any in- sured or by any other person or entity. C. The following definition is added to the Definitions Section: "Fungi" means any type or form of fungus, includ- 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 oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. Risk Management Specialist Page 1 of 1 0 COMMERCIAL GENERAL LIABILITY CG 21 70 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR 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 A. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed $100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CG 21 70 01 15 © Insurance Services Office, Inc., 2015 oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. Risk Management Specialist 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 — Coverage A — Bodily Exclusions of Section I — Coverage B — Per - Injury And Property Damage Liability: sonal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: Silica Or Silica -Related Dust a. "Bodily injury" arising, in whole or in part, out of the actual, alleged, threatened or sus- pected inhalation of, or ingestion of, "silica" or "silica -related dust'. b. "Property damage" arising, in whole or in part, out of the actual, alleged, threatened or suspected contact with, exposure to, ex- istence of, or presence of, "silica" or "silica - related dust'. c. Any loss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, contain- ing, treating, detoxifying, neutralizing, reme- diating or disposing of, or in any way re- sponding to or assessing the effects of, "silica" or "silica -related dust', by any in- sured or by any other person or entity. 2. Exclusions This insurance does not apply to: Silica Or Silica -Related Dust a. "Personal and advertising injury" arising, in whole or in part, out of the actual, alleged, threatened or suspected inhalation of, in- gestion of, contact with, exposure to, exis- tence of, or presence of, "silica" or "silica - related dust'. b. Any loss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, contain- ing, treating, detoxifying, neutralizing, reme- diating or disposing of, or in any way re- sponding to or assessing the effects of, "silica" or "silica -related dust', by any in- sured or by any other person or entity. C. The following definitions are added to the Defini- tions Section: 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. oR,N F Risk Me agement DMslcrn a� REvIEWED & APPROVED BY. Risk Management Specialist CG 21 96 03 05 © ISO Properties, Inc., 2004 Page 1 of 1 0 POLICY NUMBER: PHPK2635616 COMMERCIAL GENERAL LIABILITY CG 22 45 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - SPECIFIED THERAPEUTIC OR COSMETIC SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description Of Operations: any/all spa services Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following exclusion is added to Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability: With respect to any operation shown in the Schedule, this insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement, or personal grooming or therapy. 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, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement, or personal grooming or therapy. CG 22 45 04 13 © Insurance Services Office, Inc., 2012 oR,N F RiskMwugementDMsian a� REVIEWED & APPROVED BY. `® tq {iceva�o Risk Management Specialist y NJ Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 24 02 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BINDING ARBITRATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY If we and the insured do not agree whether coverage is provided under this Coverage Part for a claim made against the insured, then either party may make a written demand for arbitration. When this demand is made, each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that selection be made by a judge of a court having juris- diction. Each party will: 1. Pay the expenses it incurs; and 2. Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise, arbitration will take place in the county or parish in which the ad- dress shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding. CG 24 02 12 04 © ISO Properties, Inc., 2003 oR,N F RiskMougementD'Mslcrn a� REVIEWED & APPROVED BY. `® tq {iceva�o Risk Management Specialist y NJ Page 1 of 1 ❑ COMMERCIAL GENERAL LIABILITY CG 32 34 01 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The term "spouse" is replaced by the following: Spouse or registered domestic partner under Califor- nia law. oR,N F RiskMougementD'Mslcrn a� REVIEWED & APPROVED BY. `® tq {iceva�o Risk Management Specialist y NJ CG 32 34 01 05 © ISO Properties, Inc., 2004 Page 1 of 1 Philadelphia Indemnity Insurance Company PI-GL-001 (09/17) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - LEAD LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to paragraph 2., Exclusions of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section 1 - Coverages) and paragraph 2., Exclusions of COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY (Section 1 - Coverages): This insurance does not apply to: 1. "Bodily injury," "property damage," or "personal and advertising injury" arising out of or caused by the actual or alleged: a. Exposure to or existence of lead, paint containing lead, or any other material or substance containing lead; Manufacture, distribution, sale, resale, rebranding, installation, repair, removal, encapsulation, abatement, replacement or handling of lead, paint containing lead, or any other material or substance containing lead; Whether or not the lead is or was at any time airborne as a particulate, contained in a product ingested, inhaled, transmitted in any fashion, or found in any form whatsoever. 2. Any legal obligation of any insured for indemnification or contribution due to damages arising out of "bodily injury," "property damage" or "personal and advertising injury" caused by lead, paint containing lead, or any other substance or material containing lead. 3. Any loss, cost, expense or damages, whether direct or consequential, arising out of any: (a) Request, demand or order that any insured or others test for, monitor, clean up, remove, abate, contain, treat or neutralize lead, paint containing lead, or any other substance or material containing lead, or in any way respond to, or assess the effects of lead; or (b) Claim or suit related to, testing for, monitoring, cleaning up, removing, abating, containing, treating PI-GL-001 (09/17) Pagel of 2 ©2017 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with permission. oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. t� �Icevedo — J Risk Management Specialist Philadelphia Indemnity Insurance Company or neutralizing lead, paint containing lead, or any other substance or material containing lead or in any way responding to or assessing the effects of lead. PI-GL-001 (09/17) Page 2 of 2 ©2017 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with permission. oR,N F RiskMougementDMsian REVIEWED & APPROVED BY. o, z A-j. e Acev44 Risk Management Specialist PI-GL-002 CA (02/08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ASBESTOS LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2., Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY (SECTION I — COVERAGES) and Paragraph 2., Exclusions of COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY (SECTION I — COVERAGES): This insurance does not apply to: "Bodily injury," "property damage," and "personal and advertising injury" arising out of: 1. Inhaling, ingesting or prolonged physical exposure to asbestos or goods or products containing asbestos; 2. The use of asbestos in constructing or manufacturing any good, product or structure; 3. The removal of asbestos from any good, product or structure; or 4. The manufacture, sale, transportation, storage or disposal of asbestos or goods or products containing asbestos. The coverage afforded by this policy does not apply to payment for the investigation or defense of any loss or "suit," injury or damage or any cost, fine or penalty or for any expense or claim or "suit" related to any of the above. F RiskMougementDMslcrn %x REVIEWED&APPROVED BY. Page 1 of 1 � Risk Management Specialist Includes copyright material of the Insurance Services Office, Inc. used with it Philadelphia Indemnity Insurance Company PI-GL-031 (03/18) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SUBSIDENCE EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION I — COVERAGES, 2. Exclusions of the form COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include the following additional exclusion: This insurance does not apply to any liability, damage, loss, cost or expense, whether direct or indirect, arising out of, caused by, resulting from, contributed to or aggravated by the subsidence of land, including any: settling, expansion, sinking, slipping, falling away, tilting, caving in, shifting, eroding, mud flow, rising, or any other movement of land or earth if any of the foregoing emanate from the operations of the insured or any other person for whose acts the insured is legally liable. This endorsement supersedes anything to the contrary. F Risk Me agement DMslcrn % x REMEWE<7 & APPROVED BY. — Risk Management Specialist PI-GL-031 (03/18) Page 1 of 1 PI-GL-042 (04/22) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL EXCLUSION - PERFLUORINATED COMPOUNDS (PFC) / PER- AND POLY FLUOROALKYLSUBSTANCES (PFAS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to SECTION I —COVERAGES, COVERAGE A— BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions and to SECTION I —COVERAGES, COVERAGE B —PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions: This insurance does not apply to: Perfluorinated Compounds(PFC) or Per -and Polyfluoroalkyl Substances(PFAS) 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of, in any way related to, or which would not have occurred in whole or in part, but for the actual, alleged, threatened or suspected: a. Inhalation of, ingestion of, contact with, exposure to, existence of, absorption of, or presence of, any and all "PFC/PFAS"; b. Design, manufacture, storage, processing, packaging, handling, testing, distribution, sale, or disposal of"PFC/PFAS"; c. Discharge, dispersal, seepage, migration, release, flaking, leakage, leaching, friability, release or escape of"PFC/PFAS"; d. Providing or failing to provide warnings or instructions with respect to "PFC/PFAS"; or e. Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "PFC/PFAS"; regardless of whether any other cause, event, material substances, compounds, goods, products or "your products", contributed concurrently or in any sequence to such injury or damage. 2. Any loss, cost, or expense arising out of or related to any: a. Request, demand, order or statutory, regulatory or legal requirement of any kind that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess or remediate the effects of"PFC/PFAS"; or b. Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of "PFC/PFAS". 3. Any other injury or damage, liability, loss, cost or expense arising out of or in any way related to "PFC/PFAS" including, but not limited to, any fines, penalties, punitive or exemplary damages. 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 in F Risk Me agement Di Sian %x REVIEWED&APPROVED BY. P I-G L-042 04/22 Page 1 of 2 — Risk Management Specialist Includes copyrighted material of Insurance Services Office, Inc., with pe PI-GL-042 (04/22) a. The "occurrence" which caused the "bodily injury" or "property damage"; b. The offense which caused the "personal and advertising injury"; or c. Any injury or damage, liability, loss, cost or expense whatsoever; involved that which is described in paragraphs A. 1. through A.3. above. B. The following definition is added to the DEFINITIONS section: 1. "PFC/PFAS means perfluorinated compounds (PFC) or per- and polyfluoroalkyl substances (PFAS), including but not limited to: Perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorononanoic acid (PFNA), perfluorobutyric acid (PFBA), perfluorobutane sulfonic acid (PFBS), perfluoropentanoic acid (PFPeA), perfluorohexane sulfonic acid (PFHxS), GenX, C8 (perfluorinated carboxylic acid), ADONA, perfluorohexanoic acid (PFHxA),perfluoroheptanoic acid (PFHpA), perfluorooctane sulfonamide (PFSOA), perfluorodecanoic acid, (PFDA), perfluorodecane sulfonate (PFDS), perfluoroundecanoic acid (PFUnA), perfluorododecanoic acid (PFDoA), perfluorotridecanoic acid (PFTrDA), perfluorotetradecanoic acid (PFTeDA), or 6:2 fluorotelomer sulfonate (6:2 FTS) or any associated salts, acides, alcohols, precursor chemicals, or related higher homologue chemicals; b. Any fluorinated polymers, including but not limited to fluoropolymers, perfluoropolyethers, and side -chain -fluorinated polymers; c. Any and all biosolid, replacement PFAS substance, material or product; or d. Any substance, material or compound that is identified or acknowledged by any federal, state, international or other governmental agency or authority, including but not limited to the United States Environmental Protection Agency (EPA), the Centers for Disease Control and Prevention (CDC), the Agency for Toxic Substances and Disease Registry (ATSDR), the National Institutes for Health (NIH), and the International Agency for Research on Cancer (IARC): 1. As or to contain a per- and polyfluoroalkyl substance; or 2. To exhibitor demonstrate the same or similar harmful properties as a per- and polyfluoroalkyl substance The addition of this endorsement does not imply that other policy provisions, including but not limited to any pollution exclusion, do not exclude coverage for PFC-related or PFAS-related damages, expense, loss, demand, claim, liability or legal obligation. All other terms and conditions of the policy remain unchanged. PI-GL-042 (04/22) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., F RiskMougementDMslcrn % x REMEWE<7 & APPROVED BY. — Risk Management Specialist with pe PI-GO-003 (08/08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AIRCRAFT, AUTO OR WATERCRAFT EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2. Exclusions of SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended as follows: Paragraph g. is replaced by the following: This insurance does not apply to: g. Aircraft, Auto or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or "watercraft" owned or operated by or rented or chartered by or loaned to any insured. Use includes operation and "loading or unloading." 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, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or "watercraft" that is owned or operated by or rented or chartered by or loaned to any insured. This exclusion does not apply to: (1) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; or (2) "Bodily injury" or "property damage" arising out of the operation of any of the equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment." B. The following definition is added to SECTION V - DEFINITIONS: "Watercraft" means any boat, including a raft, canoe or kayak, powered or unpowered. All other terms and conditions of this policy remain unchanged. F RiskMougementDMslcrn %x REVIEWED&APPROVED BY. Page 1 of 1 � Risk Management Specialist Includes copyrighted material of Insurance Services Office, Inc., with its p PI-GO-008 (08/08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE TO DESIGNATED ACTIVITIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Activities: Resort Lodge Activities This insurance applies only to "bodily injury," "property damage," "personal and advertising injury," and medical expenses arising out of the Activities listed in the above SCHEDULE. All other terms and conditions of this policy remain unchanged. F RiskMwugementDMsian %x REVIEWED&APPROVED BY. Page 1 of 1 � Risk Management Specialist Includes copyrighted material of Insurance Services Office, Inc., with its p PI-GO-011 (08/08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PERSONAL WATERCRAFT EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Exclusions This insurance does not apply to: Personal Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any "personal watercraft" owned or operated by, rented or loaned to any insured. Use includes operation and "loading or unloading." B. The following definition is added to SECTION V — DEFINITIONS: "Personal watercraft" means a motorized watercraft used for recreational purposes similar to, but not limited to jet skis, sea-doos, and waverunners. All other terms and conditions of this policy remain unchanged. F RiskMougementDMslcrn %x REVIEWED&APPROVED BY. Page 1 of 1 � Risk Management Specialist Includes copyrighted material of Insurance Services Office, Inc., with its p Philadelphia Indemnity Insurance Company PI-SAM-006 (01/17) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABUSE OR MOLESTATION EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of SECTION I — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Paragraph 2. Exclusions of SECTION I — COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY: This insurance does not apply to any injury sustained by any person arising out of or resulting from the alleged, actual or threatened abuse or molestation by anyone. We shall not have any duty to defend any "suit" against any insured seeking damages on account of any such injury. This exclusion applies to all injury sustained by any person, including emotional distress, arising out of molestation or abuse whether alleged, actual or threatened including but not limited to molestation or abuse arising out of your negligence or other wrongdoing with respect to: 1. Hiring, placement, employment, training; 2. Investigation; 3. Supervision; 4. Reporting any molestation or abuse to the proper authorities, or failure to so report; or 5. Retention; of a person for whom any insured is or ever was legally responsible or for whom any insured may have assumed the liability; and whose conduct would be excluded above. F RiskMougementDMslcrn PI-SAM-006 (01/17) REVIEWED&AaPRovEoBY. Page 1 of 1 � Risk Management Specialist Includes copyrighted material of Insurance Services Office, Inc., with pei COMMERCIAL AUTO CA 00 01 03 10 BUSINESS AUTO 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" re- fer 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 V — Definitions. SECTION I — COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 Any "Auto" 2 Owned "Autos" Only those "autos" you own (and for Liability Coverage any "trailers" you don't own Only while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private Passenger passenger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned Only those "autos" you own that are not of the private passenger type (and for "Autos" Other Liability Coverage any "trailers" you don't own while attached to power units you Than Private own). This includes those "autos" not of the private passenger type you acquire Passenger ownership of after the policy begins. "Autos" Only 5 Owned "Autos" Only those "autos" you own that are required to have no-fault benefits in the state Subject To where they are licensed or principally garaged. This includes those "autos" you No-fault acquire ownership of after the policy begins provided they are required to have no- fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage. This includes those "autos" you acquire ownership of after the Uninsured policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement. 7 Specifically Only those "autos" described in Item Three of the Declarations for which a Described premium charge is shown (and for Liability Coverage any "trailers" you don't own "Autos" while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Non -owned Only those "autos" you do not own, lease, hire, rent or borrow that are used in "Autos" Only connection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs. CA 00 01 03 10 © Insurance Services Office, Inc., 2009 oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. Risk Management Specialist Page 1 of 12 0 19 Mobile Equip- Only those "autos" that are land vehicles and that would qualify under the definition ment Subject To of "mobile equipment" under this policy if they were not subject to a compulsory or Compulsory Or financial responsibility law or other motor vehicle insurance law where they are Financial licensed or principally garaged. Responsibility Or Other Motor Vehicle Insur- ance Law Only B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in Item Two of the Declara- tions, then you have coverage for "autos" that you acquire of the type described for the re- mainder of the policy period. 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that cover- age only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that cover- age; and b. You tell us within 30 days after you acquire it that you want us to cover it for that cover- age. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Liability Coverage is provided by this coverage form, the following types of vehicles are also cov- ered "autos" for Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment' while being carried or towed by a covered "auto". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substi- tute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction. SECTION II — LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "acci- dent" and resulting from the ownership, mainte- nance or use of covered "autos". However, we will only pay for the "covered pollution cost or ex- pense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident". We have the right and duty to defend any "in- sured" against a "suit' asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "prop- erty damage" or a "covered pollution cost or ex- pense" to which this insurance does not apply. We may investigate and settle any claim or "suit' as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your permis- sion a covered "auto" you own, hire or bor- row except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. Page 2 of 12 © Insurance Services Office, Inc., 2009 oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. Risk Management Specialist CA 00 01 03 10 0 (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company) or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership) or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "in- sured" described above but only to the ex- tent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (in- cluding bonds for related traffic law vio- lations) required because of an "acci- dent" we cover. We do not have to fur- nish these bonds. (3) The cost of bonds to release attach- ments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day be- cause of time off from work. (5) All court costs taxed against the "in- sured" in any "suit" against the "insured" we defend. However, these payments do not include attorneys' fees or attor- neys' expenses taxed against the "in- sured". (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "in- sured" we defend, but our duty to pay in- terest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance. b. Out-of-state Coverage Extensions While a covered "auto" is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Li- ability Coverage to meet the limits speci- fied by a compulsory or financial re- sponsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or prop- erty. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the follow- ing: 1. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "in- sured". 2. Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract" provided the "bodily injury" or "property damage" occurs subse- quent to the execution of the contract or agreement; or b. That the "insured" would have in the ab- sence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. CA 00 01 03 10 © Insurance Services Office, Inc., 2009 oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. t� �ceve�Co — J Risk Management Specialist Page 3 of 12 0 4. Employee Indemnification And Employer's Liability "Bodily injury" to: a. An "employee" of the "insured" arising out of and in the course of: (1) Employment by the "insured"; or (2) Performing the duties related to the conduct of the "insured's" business; or b. The spouse, child, parent, brother or sister of that "employee" as a consequence of Pa- ragraph a. above. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily in- jury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract". For the purposes of the coverage form, a domestic "employee" is a person en- gaged in household or domestic work per- formed principally in connection with a resi- dence premises. 5. Fellow Employee "Bodily injury" to: a. Any fellow "employee" of the "insured" aris- ing out of and in the course of the fellow "employee's" employment or while perform- ing duties related to the conduct of your business; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. 6. Care, Custody Or Control "Property damage" to or "covered pollution cost or expense" involving property owned or trans- ported by the "insured" or in the "insured's" care, custody or control. But this exclusion does not apply to liability assumed under a si- detrack agreement. 7. Handling Of Property "Bodily injury" or "property damage" resulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement in- to or onto the covered "auto"; or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured". 8. Movement Of Property By Mechanical Device "Bodily injury" or "property damage" resulting from the movement of property by a mechani- cal device (other than a hand truck) unless the device is attached to the covered "auto". 9. Operations "Bodily injury" or "property damage" arising out of the operation of: a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equip- ment"; or b. Machinery or equipment that is on, attached to or part of a land vehicle that would qual- ify under the definition of "mobile equip- ment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 10. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been com- pleted or abandoned. In this exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. Your work includes warranties or representa- tions made at any time with respect to the fit- ness, quality, durability or performance of any of the items included in Paragraph a. or b. above. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site. (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Page 4 of 12 © Insurance Services Office, Inc., 2009 oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. Risk Management Specialist CA 00 01 03 10 0 Work that may need service, maintenance, cor- rection, repair or replacement, but which is otherwise complete, will be treated as com- pleted. 11. Pollution "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants": a. That are, or that are contained in any prop- erty that is: (1) Being transported or towed by, handled or handled for movement into, onto or from the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered "au- to"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lu- bricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.1b. and 6.c. of the definition of "mobile equipment". Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "in- sured" with respect to "pollutants" not in or upon a covered "auto" if: (a) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (b) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. 12. War "Bodily injury" or "property damage" arising di- rectly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power or action taken by governmental au- thority in hindering or defending against any of these. 13. Racing Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. Limit Of Insurance Regardless of the number of covered "autos", "in- sureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damages and "covered pollution cost or expense" combined resulting from any one "accident" is the Limit of Insurance for Liability Coverage shown in the Declarations. CA 00 01 03 10 © Insurance Services Office, Inc., 2009 oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. Risk Management Specialist Page 5 of 12 0 All "bodily injury", "property damage" and "covered pollution cost or expense" resulting from continu- ous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident". No one will be entitled to receive duplicate pay- ments for the same elements of "loss" under this coverage form and any Medical Payments Cover- age endorsement, Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage Part. SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage 1. We will pay for "loss" to a covered "auto" or its equipment under: a. Comprehensive Coverage From any cause except: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. b. Specified Causes Of Loss Coverage Caused by: (1) Fire, lightning or explosion; (2) Theft; (3) Windstorm, hail or earthquake; (4) Flood; (5) Mischief or vandalism; or (6) The sinking, burning, collision or derail- ment of any conveyance transporting the covered "auto". c. Collision Coverage Caused by: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. 2. Towing We will pay up to the limit shown in the Decla- rations for towing and labor costs incurred each time a covered "auto" of the private pas- senger type is disabled. However, the labor must be performed at the place of disablement. 3. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered "auto", we will pay for the following under Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" colli- sion or overturn considered a "loss" under Col- lision Coverage. 4. Coverage Extensions a. Transportation Expenses We will pay up to $20 per day to a maxi- mum of $600 for temporary transportation expense incurred by you because of the to- tal theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expi- ration, when the covered "auto" is returned to use or we pay for its "loss". b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" be- comes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use ex- penses if caused by: (1) Other than collision only if the Declara- tions indicate that Comprehensive Cov- erage is provided for any covered "au- to"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any ex- penses for loss of use is $20 per day, to a maximum of $600. B. Exclusions 1. We will not pay for "loss" caused by or resulting from any of the following. Such "loss" is ex- cluded regardless of any other cause or event that contributes concurrently or in any se- quence to the "loss". a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reactio Risk MaugementDiviaian tive contaminat " - F REVIEWED&APPROVED BY. ® Risk Management Specialist Page 6 of 12 © Insurance Services Office, Inc., 2009 CA 00 01 03 10 0 b. War Or Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, includ- ing action in hindering or defending against an actual or expected attack, by any government, sovereign or other au- thority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by gov- ernmental authority in hindering or de- fending against any of these. 2. We will not pay for "loss" to any covered "auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being pre- pared for such a contest or activity. 3. We will not pay for "loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. This exclusion does not apply to such "loss" resulting from the total theft of a covered "au- to". 4. We will not pay for "loss" to any of the follow- ing: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Any device designed or used to detect speed -measuring equipment such as radar or laser detectors and any jamming appara- tus intended to elude or disrupt speed - measurement equipment. c. Any electronic equipment, without regard to whether this equipment is permanently in- stalled, that reproduces, receives or trans- mits audio, visual or data signals. d. Any accessories used with the electronic equipment described in Paragraph c. above. 5. Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: a. Permanently installed in or upon the cov- ered "auto"; b. Removable from a housing unit which is permanently installed in or upon the cov- ered "auto"; c. An integral part of the same unit housing any electronic equipment described in Pa- ragraphs a. and b. above; or d. Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. 6. We will not pay for "loss" to a covered "auto" due to "diminution in value". C. Limit Of Insurance 1. The most we will pay for "loss" in any one "ac- cident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the dam- aged or stolen property with other property of like kind and quality. 2. $1,000 is the most we will pay for "loss" in any one "accident" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: a. Permanently installed in or upon the cov- ered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; b. Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equip- ment; or c. An integral part of such equipment. 3. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 4. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen prop- erty will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. CA 00 01 03 10 © Insurance Services Office, Inc., 2009 oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. Risk Management Specialist Page 7 of 12 0 SECTION IV — BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: A. Loss Conditions 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of "loss", either may demand an appraisal of the "loss". In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The apprais- ers will state separately the actual cash value and amount of "loss". If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. 2. Duties In The Event Of Accident, Claim, Suit Or Loss We have no duty to provide coverage under this policy unless there has been full compli- ance with the following duties: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "acci- dent" or "loss". Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. b. Additionally, you and any other involved "insured" must: (1) Assume no obligation, make no pay- ment or incur no expense without our consent, except at the "insured's" own cost. (2) Immediately send us copies of any re- quest, demand, order, notice, summons or legal paper received concerning the claim or "suit". (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. c. If there is "loss" to a covered "auto" or its equipment you must also do the following: (1) Promptly notify the police if the covered "auto" or any of its equipment is stolen. (2) Take all reasonable steps to protect the covered "auto" from further damage. Al- so keep a record of your expenses for consideration in the settlement of the claim. (3) Permit us to inspect the covered "auto" and records proving the "loss" before its repair or disposition. (4) Agree to examinations under oath at our request and give us a signed statement of your answers. 3. Legal Action Against Us No one may bring a legal action against us un- der this coverage form until: a. There has been full compliance with all the terms of this coverage form; and b. Under Liability Coverage, we agree in writ- ing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment af- ter trial. No one has the right under this pol- icy to bring us into an action to determine the "insured's" liability. 4. Loss Payment — Physical Damage Coverages At our option we may: a. Pay for, repair or replace damaged or sto- len property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or sto- len property at an agreed or appraised val- ue. If we pay for the "loss", our payment will in- clude the applicable sales tax for the damaged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this coverage form has rights to recover damages from another, those rights are transferred to us. That person or or- ganization must do secure our rights and Risk Mauganent DMslcn "accident" or "loss" to =' REVIEWED&APPROVED BY. Risk Management Specialist Page 8 of 12 © Insurance Services Office, Inc., 2009 CA 00 01 03 10 0 B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obli- gations under this coverage form. 2. Concealment, Misrepresentation Or Fraud This coverage form is void in any case of fraud by you at any time as it relates to this coverage form. It is also void if you or any other "in- sured", at any time, intentionally conceal or misrepresent a material fact concerning: a. This coverage form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this coverage form. 3. Liberalization If we revise this coverage form to provide more coverage without additional premium charge, your policy will automatically provide the addi- tional coverage as of the day the revision is ef- fective in your state. 4. No Benefit To Bailee — Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other pro- vision of this coverage form. 5. Other Insurance a. For any covered "auto" you own, this cov- erage form provides primary insurance. For any covered "auto" you don't own, the in- surance provided by this coverage form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Liability Coverage this coverage form pro- vides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own. (2) Primary while it is connected to a cov- ered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Paragraph a. above, this coverage form's Liability Coverage is primary for any liability as- sumed under an "insured contract". d. When this coverage form and any other coverage form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our coverage form bears to the total of the limits of all the coverage forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this coverage form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the bal- ance, if any. The due date for the final pre- mium or retrospective premium is the date shown as the due date on the bill. If the es- timated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one year, the premium for this coverage form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. 7. Policy Period, Coverage Territory Under this coverage form, we cover "accidents" and "losses" occurring: a. During the policy period shown in the Dec- larations; and b. Within the coverage territory. The coverage territory is: (1) The United States of America; (2) The territories and possessions of the Unit- ed States of America; (3) Puerto Rico; (4) Canada; and (5) Anywhere in the world if: (a) A covered "auto" of the private passen- ger type is leased, hired, rented or bor- rowed without a driver for a period of 30 days or less; and (b) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or to. in a cArriAmAnr 1nia nrinnP F Risk ManagementDMsian %x REVIEWED&APPROVED BY. Risk Management Specialist CA 00 01 03 10 © Insurance Services Office, Inc., 2009 Page 9 of 12 0 We also cover "loss" to, or "accidents" involv- ing, a covered "auto" while being transported between any of these places. 8. Two Or More Coverage Forms Or Policies Issued By Us If this coverage form and any other coverage form or policy issued to you by us or any com- pany affiliated with us applies to the same "ac- cident", the aggregate maximum Limit of Insur- ance under all the coverage forms or policies shall not exceed the highest applicable Limit of Insurance under any one coverage form or pol- icy. This condition does not apply to any cov- erage form or policy issued by us or an affili- ated company specifically to apply as excess insurance over this coverage form. SECTION V — DEFINITIONS A. "Accident" includes continuous or repeated expo- sure to the same conditions resulting in "bodily in- jury" or "property damage". B. "Auto" means: 1. A land motor vehicle, "trailer" or semitrailer de- signed for travel on public roads; or 2. Any other land vehicle that is subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law where it is li- censed or principally garaged. However, "auto" does not include "mobile equip- ment". C. 'Bodily injury" means bodily injury, sickness or disease sustained by a person including death re- sulting from any of these. D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, con- tain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollut- ants"; or 2. Any claim or "suit" by or on behalf of a gov- ernmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". "Covered pollution cost or expense" does not in- clude any cost or expense arising out of the ac- tual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollut- ants": a. That are, or that are contained in any prop- erty that is: (1) Being transported or towed by, handled or handled for movement into, onto or from the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered "au- to"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lu- bricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraph 6.b. or 6.c. of the definition of "mobile equipment". Page 10 of 12 © Insurance Services Office, Inc., 2009 oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. Risk Management Specialist CA 00 01 03 10 0 Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (a) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (b) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. E. "Diminution in value" means the actual or per- ceived loss in market value or resale value which results from a direct and accidental "loss". F. "Employee" includes a "leased worker". "Em- ployee" does not include a "temporary worker". G. "Insured" means any person or organization quali- fying as an insured in the Who Is An Insured pro- vision of the applicable coverage. Except with re- spect to the Limit of Insurance, the coverage af- forded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. H. "Insured contract" means: 1. A lease of premises; 2. A sidetrack agreement; 3. Any easement or license agreement, except in connection with construction or demolition op- erations on or within 50 feet of a railroad; 4. An obligation, as required by ordinance, to in- demnify a municipality, except in connection with work for a municipality; 5. That part of any other contract or agreement pertaining to your business (including an in- demnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; 6. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your "employ- ees", of any "auto". However, such contract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees". An "insured contract" does not include that part of any contract or agreement: a. That indemnifies a railroad for "bodily injury" or "property damage" arising out of con- struction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road- beds, tunnel, underpass or crossing; b. That pertains to the loan, lease or rental of an "auto" to you or any of your "employ- ees", if the "auto" is loaned, leased or rented with a driver; or c. That holds a person or organization en- gaged in the business of transporting prop- erty by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. I. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties re- lated to the conduct of your business. "Leased worker" does not include a "temporary worker". J. "Loss" means direct and accidental loss or dam- age. K. "Mobile equipment" means any of the following types of land vehicles, including any attached ma- chinery or equipment: 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2. Vehicles maintained for use solely on or next to premises you own or rent; 3. Vehicles that travel on crawler treads; 4. Vehicles, whether self-propelled or not, main- tained primarily to provide mobility to perma- nently mounted: a. Power cranes, shovels, loaders, diggers or drills; or b. Road construction or resurfacing equipment such as graders, scrapers or rollers; 5. Vehicles not described in Paragraph 1., 2., 3. or 4. above that are not self-propelled and are maintained primarily to provide mobility to per- manently attached equipment of the following types: a. Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well -servicing equipment; or b. Cherry pickers a raise or lower wo nil cimilar Hnx/ircc iiccri fn rk Risk Ma ugmuxt Dtviaian %x REVIEWED&APPROVED BY. Risk Management Specialist CA 00 01 03 10 © Insurance Services Office, Inc., 2009 Page 11 of 12 0 Vehicles not described in Paragraph 1., 2., 3. or 4. above maintained primarily for purposes other than the transportation of persons or car- go. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": a. Equipment designed primarily for M. "Property damage" means damage to or loss of use of tangible property. N. "Suit" means a civil proceeding in which: 1. Damages because of "bodily injury" or "prop- erty damage"; or 2. A "covered pollution cost or expense"; to which this insurance applies, are alleged. (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning; b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and c. Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting or well -servicing equipment. O However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally ga- raged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". L. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or ex- penses" are claimed and to which the "in- sured" must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the insured submits with our consent. "Temporary worker" means a person who is fur- nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short-term workload conditions. P. "Trailer" includes semitrailer. Page 12 of 12 © Insurance Services Office, Inc., 2009 oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. Risk Management Specialist CA 00 01 03 10 0 COMMERCIAL AUTO CA 01 43 05 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES For a covered "auto" licensed or principally garaged in or "garage operations" conducted in California this en- dorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. A. The term "spouse" is replaced by the following: Spouse or registered domestic partner under Cali- fornia law. B. The following are added to the Other Insurance Condition in the Business Auto and Garage Cov- erage Forms and the Other Insurance — Primary And Excess Insurance Provisions in the Motor Carrier and Truckers Coverage Forms and super- sede any provisions to the contrary: 1. When this Coverage Form and any other Cov- erage Form or policy providing liability cover- age apply to an "auto" and: a. One provides coverage to a Named Insured engaged in the business of selling, repair- ing, servicing, delivering, testing or road- testing "autos", and b. The other provides coverage to a person not engaged in that business, and c. At the time of an "accident", a person de- scribed in Paragraph 1.1b. is operating an "auto" owned by the business described in Paragraph 1.a., then that person's liability coverage is primary and the Coverage Form issued to a business described in Paragraph 1.a. is excess over any cover- age available to that person. 2. When this Coverage Form and any other Cov- erage Form or policy providing liability cover- age apply to an "auto" and: a. One provides coverage to a Named Insured engaged in the business of selling, repair- ing, servicing, delivering, testing or road- testing "autos", and b. The other provides coverage to a person not engaged in that business, and c. At the time of an "accident" an "insured" under the Coverage Form described in Paragraph 2.a. is operating an "auto" owned by a person described in Paragraph 2.1b., then the Coverage Form issued to the business described in Paragraph 2.a. is primary and the liability coverage issued to a person described in Paragraph 2.1b. is ex- cess over any coverage available to the business. 3. When this Coverage Form and any other Cov- erage Form or policy providing liability cover- age apply to a "commercial vehicle" and: a. One provides coverage to a Named In- sured, who in the course of business, rents or leases "commercial vehicles" without op- erators, and b. The other provides coverage to a person other than as described in Paragraph 3.a., and c. At the time of an "accident", a person who is not the Named Insured of the policy de- scribed in Paragraph 3.a., and who is not the agent or "employee" of such Named In- sured is operating a "commercial vehicle" provided by the business covered by the Coverage Form or policy described in Paragraph 3.a., then the liability coverage provided by the Coverage Form or policy described in Paragraph 3.1b. is primary, and the liability coverage provided by the Cov- erage Form or poliry ciesrriheci in Para- graph 3.a. is exc available to that pe --.F Risk MmWment DMstan %x REVIEWED&APPROVED BY. Risk Management Specialist CA 01 43 05 07 © ISO Properties, Inc., 2006 Page 1 of 2 0 4. Notwithstanding Paragraph 113.3., when this Coverage Form and any other Coverage Form or policy providing liability coverage apply to a power unit and any connected "trailer" or "trail- ers" and: a. One provides coverage to a Named Insured engaged in the business of transporting property by "auto" for hire; and b. The other provides coverage to a Named Insured not engaged in that business; and c. At the time of an "accident", a power unit is being operated by a person insured under the Coverage Form or policy described in Paragraph 4.a., then that Coverage Form or policy is primary for both the power unit and any connected "trailer" or "trailers" and the Coverage Form or policy described in Paragraph 4.b. is excess over any other coverage available to such power unit and attached "trailer" or "trailers". C. As used in this endorsement: "Commercial vehicle" means an "auto" subject to registration or identification under California law which is: 1. Used or maintained for the transportation of persons for hire, compensation or profit; 2. Designed, used or maintained primarily for the transportation of property; or 3. Leased for a period of six months or more Page 2 of 2 © ISO Properties, Inc., 2006 oR,N F RiskMougementDMslcrn a� REVIEWED & APPROVED BY. tq t�ceva�o — J Risk Management Specialist CA 01 43 05 07 ❑ COMMERCIAL AUTO CA 04 24 04 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA AUTO MEDICAL PAYMENTS COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. A. Coverage We will pay reasonable expenses incurred for necessary medical and funeral services to or for an "insured" who sustains "bodily injury" caused by "accident". We will pay only those expenses in- curred, for services rendered within three years from the date of the "accident". B. Who Is An Insured 1. You while "occupying" or, while a pedestrian, when struck by any "auto". 2. If you are an individual, any "family member" while "occupying" or, while a pedestrian, when struck by any "auto". 3. Anyone else "occupying" a covered "auto" or a temporary substitute for a covered "auto". The covered "auto" must be out of service because of its breakdown, repair, servicing, loss or de- struction. C. Exclusions This insurance does not apply to any of the follow- ing: 1. "Bodily injury" sustained by an "insured" while "occupying" a vehicle located for use as a premises. 2. "Bodily injury" sustained by you or any "family member" while "occupying" or struck by any vehicle (other than a covered "auto") owned by you or furnished or available for your regular use. 3. "Bodily injury" sustained by any "family mem- ber" while "occupying" or struck by any vehicle (other than a covered "auto") owned by or fur- nished or available for the regular use of any "family member". 4. "Bodily injury" to your "employee" arising out of and in the course of employment by you. How- ever, we will cover "bodily injury" to your do- mestic "employees" if not entitled to workers' compensation benefits. For the purposes of this endorsement, a domestic "employee" is a person engaged in household or domestic work performed principally in connection with a residence premises. 5. "Bodily injury" to an "insured" while working in a business of selling, servicing, repairing or parking "autos" unless that business is yours. 6. "Bodily injury" arising directly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental au- thority in hindering or defending against any of these. CA 04 24 04 06 © ISO Properties, Inc., 2005 oR,N F Risk Me agement DMslcrn a� REvIEWED & APPROVED BY. Risk Management Specialist Page 1 of 2 0 7. "Bodily injury" to anyone using a vehicle with- out a reasonable belief that the person is enti- tled to do so. 8. "Bodily injury" sustained by an "insured" while "occupying" any covered "auto" while used in any professional racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply to any "bodily injury" sustained by an "insured" while the "auto" is being prepared for such a contest or activity. D. Limit Of Insurance Regardless of the number of covered "autos", "in- sureds", premiums paid, claims made or vehicles involved in the "accident', the most we will pay for "bodily injury" for each "insured" injured in any one "accident" is the Limit Of Insurance for Auto Medi- cal Payments Coverage shown in the Declara- tions. No one will be entitled to receive duplicate pay- ments for the same elements of "loss" under this coverage and any Liability Coverage Form, Unin- sured Motorists Coverage Endorsement or Under - insured Motorists Coverage Endorsement at- tached to this Coverage Part. E. Changes In Conditions The Conditions are changed for Auto Medical Payments Coverage as follows: 1. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply. 2. The reference in Other Insurance in the Busi- ness Auto and Garage Coverage Forms and Other Insurance — Primary And Excess In- surance Provisions in the Truckers and Motor Carrier Coverage Forms to 'other collectible insurance" applies only to other collectible auto medical payments insurance. F. Additional Definitions As used in this endorsement: 1. "Family member" means a person related to you by blood, adoption, marriage or registered domestic partnership under California law, who is a resident of your household, including a ward or foster child. 2. "Occupying" means in, upon, getting in, on, out or off. Page 2 of 2 © ISO Properties, Inc., 2005 oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. Risk Management Specialist CA 04 24 04 06 0 POLICY NUMBER: PHPK2635616 COMMERCIAL AUTO CA 21 55 06 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA UNINSURED MOTORISTS COVERAGE - PROPERTY DAMAGE For a covered "auto" licensed or principally garaged in, or "garage operations" conducted in, California, this en- dorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless mod- ified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: The Oaks Venture LLC Endorsement Effective Date: 12/09/2023 SCHEDULE "Property Damage" Uninsured Motorists Coverage Designation Or Description Of Covered "Auto" Premium 0001 2004 FORD F250 1FTNF20LO4EA57687 $ 3 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Coverage 1. We will pay all sums the "insured" is legally entitled to recover as compensatory damages from the owner or operator of an "uninsured motor vehicle". The damages must result from "property damage" caused by an "accident". The owner's or driver's liability for these dam- ages must result from the ownership, maintenance or use of the "uninsured motor vehicle". 2. Any judgment for damages arising out of a "suit" brought without our written consent is not binding on us. B. Exclusions This insurance does not apply to any of the follow- ing: 1. The direct or indirect benefit of any insurer of property. 2. Property contained in the covered "auto". How- ever, this exclusion does not apply to the re- placement of a child passenger restraint sys- tem meeting federal motor vehicle safety stan- dards that was damaged or was in use by a child during an "accident". CA 21 55 06 10 © Insurance Services Office, Inc., 2009 oR,N F RiskMwugementDMs1crn a� REVIEWED & APPROVED BY. `® tq {iceva�o Risk Management Specialist Page 1 of 3 0 3. "Property damage" to any motor vehicle owned by you or any "family member" that is not a covered "auto". 4. "Property damage" to any motor vehicle owned by you to which collision coverage applies un- der this policy or any other policy. 5. Punitive or exemplary damages. 6. "Property damage" arising directly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental au- thority in hindering or defending against any of these. C. Limit Of Insurance Regardless of the number of covered "autos", claims made, premiums paid or vehicles in- volved in the "accident", the most we will pay for all damages resulting from any one "acci- dent" is the lesser of the following: a. $3,500; or b. The actual cash value of the damaged covered "auto" at the time of the "accident". 2. Any amount payable as damages under this coverage shall be reduced by all sums paid by or for anyone who is legally responsible. D. Changes In Conditions The Conditions are changed for California Unin- sured Motorists Coverage — Property Damage as follows: 1. Duties In The Event Of Accident, Claim, Suit Or Loss is changed by adding the following: a. Promptly notify the police if a hit-and-run driver is involved; b. Report the "accident" or "loss" to us or to our agent within 10 business days; and c. Promptly send us copies of the legal papers if a "suit' is brought. 2. Other Insurance in the Business Auto and Garage Coverage Forms and Other Insurance — Primary And Excess Insurance Provisions in the Truckers and Motor Carrier Coverage Forms are replaced by the following: If there is other applicable insurance available under one or more policies or provisions of coverage: a. The maximum recovery under all coverage forms or policies combined may equal but not exceed the highest applicable limit for any one vehicle under any coverage form or policy providing coverage on either a primary or excess basis. b. Any insurance we provide with respect to a vehicle you do not own shall be excess over any other collectible uninsured motor- ists insurance providing coverage on a pri- mary basis. c. If the coverage under this coverage form is provided: (1) On a primary basis, we will pay only our share of the "loss" that must be paid un- der insurance providing coverage on a primary basis. Our share is the propor- tion that our limit of liability bears to the total of all applicable limits of liability for coverage on a primary basis. (2) On an excess basis, we will pay only our share of the "loss" that must be paid un- der insurance providing coverage on an excess basis. Our share is the propor- tion that our limit of liability bears to the total of all applicable limits of liability for coverage on an excess basis. 3. The following condition is added: Arbitration a. If we and an "insured" disagree whether the "insured" is legally entitled to recover dam- ages from the owner or operator of an "un- insured motor vehicle" or do not agree as to the amount of damages that are recoverable by that "insured", the disa- greement will be settled by arbitration. Such arbitration may be initiated by a written de- mand for arbitration made by either party within one year. The arbitration shall be conducted by a single neutral arbitrator. However, disputes concerning coverage under this endorsement may not be arbi- trated. Each party will bear the expenses of the arbitrator equally. Page 2 of 3 © Insurance Services Office, Inc., 2009 oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. Risk Management Specialist CA 21 55 06 10 0 b. Unless both parties agree otherwise, arbi- tration will take place in the county in which the "insured" lives. Local rules of law as to arbitration procedure and evidence will ap- ply. The decision of the arbitrator will be binding. E. Additional Definitions 1. The following words and phrases have special meaning for California Uninsured Motorists Coverage — Property Damage: a. "Auto" means a self-propelled motor ve- hicle. However, it does not include: (1) A vehicle transporting persons for hire, compensation or profit other than van pool vehicle; (2) A vehicle designed, used or maintained primarily for the transportation of proper- ty; or (3) "Mobile equipment". b. "Property damage" means injury to or de- struction of a covered "auto". However, "property damage" does not include loss of use. 2. As used in this endorsement: "Uninsured motor vehicle" means a land motor vehicle or trailer that is involved in a collision with a covered "auto" and for which: a. No liability bond or policy at the time of an "accident" provides at least the amount re- quired for "property damage" liability by the California Financial Responsibility Law; or b. The insuring or bonding company denies coverage or refuses to admit coverage ex- cept conditionally or with reservation or be- comes insolvent. The collision must involve direct physical con- tact between a covered "auto" and the "unin- sured motor vehicle" and: a. The owner or operator of the "uninsured motor vehicle" must be identified; or b. The "uninsured motor vehicle" must be identified by its license number. However, "uninsured motor vehicle" does not include any vehicle: a. Owned or operated by a self -insurer under any applicable motor vehicle law, except a self -insurer who is or becomes insolvent and cannot provide the amounts required by that motor vehicle law; b. Owned by the United States of America, Canada, a state or political subdivision of any of those governments or an agency of any of the foregoing; or c. Designed for use mainly off public roads while not on public roads. CA 21 55 06 10 © Insurance Services Office, Inc., 2009 oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. t� �ceve�Co — J Risk Management Specialist Page 3 of 3 0 POLICY NUMBER: PHPK2635616 COMMERCIAL AUTO CA 21 55 06 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA UNINSURED MOTORISTS COVERAGE - PROPERTY DAMAGE For a covered "auto" licensed or principally garaged in, or "garage operations" conducted in, California, this en- dorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless mod- ified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: The Oaks Venture LLC Endorsement Effective Date: 12/09/2023 SCHEDULE "Property Damage" Uninsured Motorists Coverage Designation Or Description Of Covered "Auto" Premium 0002 1990 TOYOTA PICKUP JT4RN81P7L5055474 $ 3 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Coverage 1. We will pay all sums the "insured" is legally entitled to recover as compensatory damages from the owner or operator of an "uninsured motor vehicle". The damages must result from "property damage" caused by an "accident". The owner's or driver's liability for these dam- ages must result from the ownership, maintenance or use of the "uninsured motor vehicle". 2. Any judgment for damages arising out of a "suit" brought without our written consent is not binding on us. B. Exclusions This insurance does not apply to any of the follow- ing: 1. The direct or indirect benefit of any insurer of property. 2. Property contained in the covered "auto". How- ever, this exclusion does not apply to the re- placement of a child passenger restraint sys- tem meeting federal motor vehicle safety stan- dards that was damaged or was in use by a child during an "accident". CA 21 55 06 10 © Insurance Services Office, Inc., 2009 oR,N F RiskMwugementDMs1crn a� REVIEWED & APPROVED BY. `® tq {iceva�o Risk Management Specialist Page 1 of 3 0 3. "Property damage" to any motor vehicle owned by you or any "family member" that is not a covered "auto". 4. "Property damage" to any motor vehicle owned by you to which collision coverage applies un- der this policy or any other policy. 5. Punitive or exemplary damages. 6. "Property damage" arising directly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental au- thority in hindering or defending against any of these. C. Limit Of Insurance Regardless of the number of covered "autos", claims made, premiums paid or vehicles in- volved in the "accident", the most we will pay for all damages resulting from any one "acci- dent" is the lesser of the following: a. $3,500; or b. The actual cash value of the damaged covered "auto" at the time of the "accident". 2. Any amount payable as damages under this coverage shall be reduced by all sums paid by or for anyone who is legally responsible. D. Changes In Conditions The Conditions are changed for California Unin- sured Motorists Coverage — Property Damage as follows: 1. Duties In The Event Of Accident, Claim, Suit Or Loss is changed by adding the following: a. Promptly notify the police if a hit-and-run driver is involved; b. Report the "accident" or "loss" to us or to our agent within 10 business days; and c. Promptly send us copies of the legal papers if a "suit' is brought. 2. Other Insurance in the Business Auto and Garage Coverage Forms and Other Insurance — Primary And Excess Insurance Provisions in the Truckers and Motor Carrier Coverage Forms are replaced by the following: If there is other applicable insurance available under one or more policies or provisions of coverage: a. The maximum recovery under all coverage forms or policies combined may equal but not exceed the highest applicable limit for any one vehicle under any coverage form or policy providing coverage on either a primary or excess basis. b. Any insurance we provide with respect to a vehicle you do not own shall be excess over any other collectible uninsured motor- ists insurance providing coverage on a pri- mary basis. c. If the coverage under this coverage form is provided: (1) On a primary basis, we will pay only our share of the "loss" that must be paid un- der insurance providing coverage on a primary basis. Our share is the propor- tion that our limit of liability bears to the total of all applicable limits of liability for coverage on a primary basis. (2) On an excess basis, we will pay only our share of the "loss" that must be paid un- der insurance providing coverage on an excess basis. Our share is the propor- tion that our limit of liability bears to the total of all applicable limits of liability for coverage on an excess basis. 3. The following condition is added: Arbitration a. If we and an "insured" disagree whether the "insured" is legally entitled to recover dam- ages from the owner or operator of an "un- insured motor vehicle" or do not agree as to the amount of damages that are recoverable by that "insured", the disa- greement will be settled by arbitration. Such arbitration may be initiated by a written de- mand for arbitration made by either party within one year. The arbitration shall be conducted by a single neutral arbitrator. However, disputes concerning coverage under this endorsement may not be arbi- trated. Each party will bear the expenses of the arbitrator equally. Page 2 of 3 © Insurance Services Office, Inc., 2009 oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. Risk Management Specialist CA 21 55 06 10 0 b. Unless both parties agree otherwise, arbi- tration will take place in the county in which the "insured" lives. Local rules of law as to arbitration procedure and evidence will ap- ply. The decision of the arbitrator will be binding. E. Additional Definitions 1. The following words and phrases have special meaning for California Uninsured Motorists Coverage — Property Damage: a. "Auto" means a self-propelled motor ve- hicle. However, it does not include: (1) A vehicle transporting persons for hire, compensation or profit other than van pool vehicle; (2) A vehicle designed, used or maintained primarily for the transportation of proper- ty; or (3) "Mobile equipment". b. "Property damage" means injury to or de- struction of a covered "auto". However, "property damage" does not include loss of use. 2. As used in this endorsement: "Uninsured motor vehicle" means a land motor vehicle or trailer that is involved in a collision with a covered "auto" and for which: a. No liability bond or policy at the time of an "accident" provides at least the amount re- quired for "property damage" liability by the California Financial Responsibility Law; or b. The insuring or bonding company denies coverage or refuses to admit coverage ex- cept conditionally or with reservation or be- comes insolvent. The collision must involve direct physical con- tact between a covered "auto" and the "unin- sured motor vehicle" and: a. The owner or operator of the "uninsured motor vehicle" must be identified; or b. The "uninsured motor vehicle" must be identified by its license number. However, "uninsured motor vehicle" does not include any vehicle: a. Owned or operated by a self -insurer under any applicable motor vehicle law, except a self -insurer who is or becomes insolvent and cannot provide the amounts required by that motor vehicle law; b. Owned by the United States of America, Canada, a state or political subdivision of any of those governments or an agency of any of the foregoing; or c. Designed for use mainly off public roads while not on public roads. CA 21 55 06 10 © Insurance Services Office, Inc., 2009 oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. t� �ceve�Co — J Risk Management Specialist Page 3 of 3 0 POLICY NUMBER: PHPK2635616 COMMERCIAL AUTO CA 21 55 06 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA UNINSURED MOTORISTS COVERAGE - PROPERTY DAMAGE For a covered "auto" licensed or principally garaged in, or "garage operations" conducted in, California, this en- dorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless mod- ified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: The Oaks Venture LLC Endorsement Effective Date: 12/09/2023 SCHEDULE "Property Damage" Uninsured Motorists Coverage Designation Or Description Of Covered "Auto" Premium 0003 1989 TOYOTA PICKUP JT5VN94TOK0004306 $ 3 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Coverage 1. We will pay all sums the "insured" is legally entitled to recover as compensatory damages from the owner or operator of an "uninsured motor vehicle". The damages must result from "property damage" caused by an "accident". The owner's or driver's liability for these dam- ages must result from the ownership, maintenance or use of the "uninsured motor vehicle". 2. Any judgment for damages arising out of a "suit" brought without our written consent is not binding on us. B. Exclusions This insurance does not apply to any of the follow- ing: 1. The direct or indirect benefit of any insurer of property. 2. Property contained in the covered "auto". How- ever, this exclusion does not apply to the re- placement of a child passenger restraint sys- tem meeting federal motor vehicle safety stan- dards that was damaged or was in use by a child during an "accident". CA 21 55 06 10 © Insurance Services Office, Inc., 2009 oR,N F RiskMwugementDMs1crn a� REVIEWED & APPROVED BY. `® tq {iceva�o Risk Management Specialist Page 1 of 3 0 3. "Property damage" to any motor vehicle owned by you or any "family member" that is not a covered "auto". 4. "Property damage" to any motor vehicle owned by you to which collision coverage applies un- der this policy or any other policy. 5. Punitive or exemplary damages. 6. "Property damage" arising directly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental au- thority in hindering or defending against any of these. C. Limit Of Insurance Regardless of the number of covered "autos", claims made, premiums paid or vehicles in- volved in the "accident", the most we will pay for all damages resulting from any one "acci- dent" is the lesser of the following: a. $3,500; or b. The actual cash value of the damaged covered "auto" at the time of the "accident". 2. Any amount payable as damages under this coverage shall be reduced by all sums paid by or for anyone who is legally responsible. D. Changes In Conditions The Conditions are changed for California Unin- sured Motorists Coverage — Property Damage as follows: 1. Duties In The Event Of Accident, Claim, Suit Or Loss is changed by adding the following: a. Promptly notify the police if a hit-and-run driver is involved; b. Report the "accident" or "loss" to us or to our agent within 10 business days; and c. Promptly send us copies of the legal papers if a "suit' is brought. 2. Other Insurance in the Business Auto and Garage Coverage Forms and Other Insurance — Primary And Excess Insurance Provisions in the Truckers and Motor Carrier Coverage Forms are replaced by the following: If there is other applicable insurance available under one or more policies or provisions of coverage: a. The maximum recovery under all coverage forms or policies combined may equal but not exceed the highest applicable limit for any one vehicle under any coverage form or policy providing coverage on either a primary or excess basis. b. Any insurance we provide with respect to a vehicle you do not own shall be excess over any other collectible uninsured motor- ists insurance providing coverage on a pri- mary basis. c. If the coverage under this coverage form is provided: (1) On a primary basis, we will pay only our share of the "loss" that must be paid un- der insurance providing coverage on a primary basis. Our share is the propor- tion that our limit of liability bears to the total of all applicable limits of liability for coverage on a primary basis. (2) On an excess basis, we will pay only our share of the "loss" that must be paid un- der insurance providing coverage on an excess basis. Our share is the propor- tion that our limit of liability bears to the total of all applicable limits of liability for coverage on an excess basis. 3. The following condition is added: Arbitration a. If we and an "insured" disagree whether the "insured" is legally entitled to recover dam- ages from the owner or operator of an "un- insured motor vehicle" or do not agree as to the amount of damages that are recoverable by that "insured", the disa- greement will be settled by arbitration. Such arbitration may be initiated by a written de- mand for arbitration made by either party within one year. The arbitration shall be conducted by a single neutral arbitrator. However, disputes concerning coverage under this endorsement may not be arbi- trated. Each party will bear the expenses of the arbitrator equally. Page 2 of 3 © Insurance Services Office, Inc., 2009 oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. Risk Management Specialist CA 21 55 06 10 0 b. Unless both parties agree otherwise, arbi- tration will take place in the county in which the "insured" lives. Local rules of law as to arbitration procedure and evidence will ap- ply. The decision of the arbitrator will be binding. E. Additional Definitions 1. The following words and phrases have special meaning for California Uninsured Motorists Coverage — Property Damage: a. "Auto" means a self-propelled motor ve- hicle. However, it does not include: (1) A vehicle transporting persons for hire, compensation or profit other than van pool vehicle; (2) A vehicle designed, used or maintained primarily for the transportation of proper- ty; or (3) "Mobile equipment". b. "Property damage" means injury to or de- struction of a covered "auto". However, "property damage" does not include loss of use. 2. As used in this endorsement: "Uninsured motor vehicle" means a land motor vehicle or trailer that is involved in a collision with a covered "auto" and for which: a. No liability bond or policy at the time of an "accident" provides at least the amount re- quired for "property damage" liability by the California Financial Responsibility Law; or b. The insuring or bonding company denies coverage or refuses to admit coverage ex- cept conditionally or with reservation or be- comes insolvent. The collision must involve direct physical con- tact between a covered "auto" and the "unin- sured motor vehicle" and: a. The owner or operator of the "uninsured motor vehicle" must be identified; or b. The "uninsured motor vehicle" must be identified by its license number. However, "uninsured motor vehicle" does not include any vehicle: a. Owned or operated by a self -insurer under any applicable motor vehicle law, except a self -insurer who is or becomes insolvent and cannot provide the amounts required by that motor vehicle law; b. Owned by the United States of America, Canada, a state or political subdivision of any of those governments or an agency of any of the foregoing; or c. Designed for use mainly off public roads while not on public roads. CA 21 55 06 10 © Insurance Services Office, Inc., 2009 oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. t� �ceve�Co — J Risk Management Specialist Page 3 of 3 0 PI-AUT-001 (01/16) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL AUTO COVERAGE PART We will pay for any injury or damage arising out of a "certified act of terrorism". "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Act for a "certified act of terrorism" includes the following": 1. The act resulted in insured losses in excess of $5 million in the aggregate, 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage otherwise excluded under this Coverage Part. --- F Risk Me agement DMslcrn PI-AUT-001 (01/16) x tdEMF-:WE PROVED BY. Page 1 of 1 Includes copyrighted material of the Insurance Services Office Inc., used with Risk Management Specialist PI-CA-032 CA (05/21) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA UNINSURED MOTORISTS COVERAGE - BODILY INJURY For a covered "auto" licensed or principally garaged in or "garage operations" conducted in California, this endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: The Oaks Venture LLC Endorsement Effective Date: 12/09/2023 SCHEDULE Limit Of Insurance: $ 100,000 Each "Accident" Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Coverage 1. We will pay all sums the "insured" is legally entitled to recover as compensatory damages from the owner or driver of an "uninsured motor vehicle". The damages must result from "bodily injury" sustained by the "insured" caused by an "accident". The owner's or driver's liability for these damages must result from the ownership, maintenance or use of the "uninsured motor vehicle". 2. We will pay only after the limits of liability under any liability bonds or policies have been exhausted by payment of judgments or settlements. 3. Any judgment for damages arising out of a "suit" brought without our written consent is not binding on us. B. Who Is An Insured If the Named Insured is designated in the Declarations as: 1. An individual, then the following are "insureds": a. The Named Insured and any "family members". o RiskMwugementDMsian b. Anyone else "occupying" a covered "auto" or a temporary substitute for REVIEWED&APPROVED BY. PI-CA-032 CA (05/21) Page 1 of 6 Risk Management Specialist Includes copyrighted material of Insurance Services Office, Inc., with pei PI-CA-032 CA (05/21) covered "auto" must be out of service because of its breakdown, repair, servicing, "loss" or destruction. c. Anyone for damages he or she is entitled to recover because of "bodily injury" sustained by another "insured". 2. A partnership, limited liability company, corporation or any other form of organization, then the following are "insureds": a. Anyone "occupying" a covered "auto" or a temporary substitute for a covered "auto". The covered "auto" must be out of service because of its breakdown, repair, servicing, "loss" or destruction. b. Anyone for damages he or she is entitled to recover because of "bodily injury" sustained by another "insured". C. Exclusions This insurance does not apply to any of the following: 1. Punitive or exemplary damages. 2. Any claim settled without our consent. However, this exclusion does not apply to a settlement made with the insurer of a vehicle described in Paragraph b. of the definition of "uninsured motor vehicle". 3. In any instance where it would directly or indirectly benefit any insurer or self -insurer under any workers' compensation, disability benefits or similar law or to the direct benefit of the United States, a state or its political subdivisions. 4. "Bodily injury" sustained by: a. An individual Named Insured while "occupying" or when struck by any vehicle owned by that Named Insured that is not a covered "auto" for Uninsured Motorists Coverage under this coverage form; b. Any "family member" while "occupying" or when struck by any vehicle owned by that "family member" that is not a covered "auto" for Uninsured Motorists Coverage under this coverage form; or c. Any "family member" while "occupying" or when struck by any vehicle owned by the Named Insured that is insured for Uninsured Motorists Coverage on a primary basis under any other coverage form or policy. However, Exclusion 4. shall not apply to "bodily injury" sustained by an individual Named Insured or "family member" when struck by a vehicle owned by that "insured" and operated or caused to be operated by a person without that "insured's" consent in connection with criminal activity that has been documented in a police report and to which that "insured" is not a party to. 5. "Bodily injury" sustained by an individual Named Insured or any "family member" while "occupying" any vehicle leased by that Named Insured or any "family member" under a written contract for a period of six months or more that is not a covered "auto". 6. Anyone using a vehicle without a reasonable belief that the person is entit 7. "Bodily injury" sustained by an "insured" while "occupying" any "auto" that PI-CA-032 CA (05/21) Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc., with oR,N F RiskMougementDMsian REVIEWED & APPROVED BY. o Risk Management Specialist PI-CA-032 CA (05/21) that "insured" for use as a public or livery conveyance. However, this exclusion does not apply if the "insured" is in the business of providing public or livery conveyance. 8. "Bodily injury" arising directly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. D. Limit Of Insurance 1. Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for all damages resulting from any one "accident" is the Limit of Insurance for Uninsured Motorists Coverage shown in the Schedule or Declarations. 2. For a vehicle described in Paragraph b. of the definition of "uninsured motor vehicle", our Limit of Insurance shall be reduced by all sums paid because of "bodily injury" by or for anyone who is legally responsible, including all sums paid or payable under this policy's Liability Coverage. 3. No one will be entitled to receive duplicate payments for the same elements of "loss" under this coverage and any Liability Coverage form or Medical Payments Coverage endorsement attached to this Coverage Part. We will not make a duplicate payment under this coverage for any element of "loss" for which payment has been made by or for anyone who is legally responsible. We will not pay for any element of "loss" if a person is entitled to receive payment for the same element of "loss" under any workers' compensation, disability benefits or similar law. 4. The Limit of Insurance under this endorsement shall be reduced by all sums: a. Paid under any workers' compensation law (exclusive of non -occupational disability benefits). This applies whether or not the "insured" elects to pursue benefits under workers' compensation. b. The present value of the amounts payable or required to be provided under any workers' compensation law (exclusive of non -occupational disability benefits). This applies whether or not the "insured" elects to pursue benefits under workers' compensation. c. Paid as a result of "bodily injury" by or on behalf of any person or organization that may be legally liable for the injury, including all sums paid or payable under this policy's Liability Coverage. E. Changes In Conditions The Conditions are changed for California Uninsured Motorists Coverage — Bodily Injury as follows: 1. Duties In The Event Of Accident, Claim, Suit Or Loss is changed by a PI-CA-032 CA (05/21) Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc., with ddir - - - oR,N F RiskMougementDMsian a� REVIEWED & APPROVED BY. t� �Icevedo — J Risk Management Specialist pei PI-CA-032 CA (05/21) a. Promptly notify the police if a hit-and-run driver is involved; and b. Send us copies of the legal papers if a "suit" is brought. In addition, a person seeking coverage under Paragraph b. of the definition of "uninsured motor vehicle" must: (1) Provide us with a copy of the complaint by personal service or certified mail if the "insured" brings an action against the owner or operator of such "uninsured motor vehicle"; (2) Within a reasonable time, make all pleadings and depositions available for copying by us or furnish us copies at our expense; and (3) Provide us with proof that the limits of insurance under any applicable liability bonds or policies have been exhausted by payment of judgments or settlements. 2. Legal Action Against Us is replaced by the following: No legal action may be brought against us under this coverage form until there has been full compliance with all the terms of this coverage form and with respect to Paragraphs a., c. and d. of the definition of "uninsured motor vehicle" unless within two years from the date of the "accident": a. Agreement as to the amount due under this insurance has been concluded; b. The "insured" has formally instituted arbitration proceedings against us. In the event that the "insured" decides to arbitrate, the "insured" must formally begin arbitration proceedings by notifying us in writing, sent by certified mail, return receipt requested; or c. "Suit" for "bodily injury" has been filed against the uninsured motorist in a court of competent jurisdiction. Written notice of the "suit" must be given to us within a reasonable time after the "insured" knew, or should have known, that the other motorist is uninsured. In no event will such notice be required before two years from the date of the accident. Failure of the "insured" or his or her representative to give us such notice of the "suit" will relieve us of our obligations under this coverage form only if the failure to give notice prejudices our rights. 3. Transfer Of Rights Of Recovery Against Others To Us is replaced by the following: a. With respect to Paragraphs a., c. and d. of the definition of "uninsured motor vehicle", if we make any payment, we are entitled to recover what we paid from other parties. Any person to or for whom we make payment must transfer to us his or her rights of recovery against any other party. This person must do everything necessary to secure these rights and must do nothing that would jeopardize them. b. With respect to Paragraph b. of the definition of "uninsured motor vehicle", if we make any payment and the "insured" recovers from another party, the "insured" shall hold the proceeds in trust for us and pay us back the amount we have paid. 4. Other Insurance in the Business Auto and Garage Coverage Forms and Other Insurance — Primary And Excess Insurance Provisions in the Truckers and Motor Carrier Coverage Forms are replaced by the following: N F Risk ManagementDMsian If there is other applicable insurance available under one or more policie ' REVIEWED&APPROVED BY. PI-CA-032 CA 05/21 ( ) Page 4 of 6 � Risk Management Specialist Includes copyrighted material of Insurance Services Office, Inc., with pei PI-CA-032 CA (05/21) coverage: a. The maximum recovery under all coverage forms or policies combined may equal but not exceed the highest applicable limit for any one vehicle under any coverage form or policy providing coverage on either a primary or excess basis. b. Any insurance we provide with respect to a vehicle the Named Insured does not own shall be excess over any other collectible uninsured motorists insurance providing coverage on a primary basis. c. If the coverage under this coverage form is provided: (1) On a primary basis, we will pay only our share of the "loss" that must be paid under insurance providing coverage on a primary basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on a primary basis. (2) On an excess basis, we will pay only our share of the "loss" that must be paid under insurance providing coverage on an excess basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on an excess basis. 5. The following Condition is added: Arbitration a. If we and an "insured" disagree whether the "insured" is legally entitled to recover damages from the owner or driver of an "uninsured motor vehicle" or do not agree as to the amount of damages that are recoverable by that "insured", the disagreement will be settled by arbitration. Such arbitration may be initiated by a written demand for arbitration made by either party. The arbitration shall be conducted by a single neutral arbitrator. However, disputes concerning coverage under this endorsement may not be arbitrated. Each party will bear the expenses of the arbitrator equally. b. Unless both parties agree otherwise, arbitration will take place in the county in which the "insured" lives. Local rules of law as to arbitration procedures and evidence will apply. The decision of the arbitrator will be binding. F. Additional Definitions The following are added to the Definitions section: 1. "Family member" means the individual Named Insured's spouse, whether or not a resident of the individual Named Insured's household, and any other person related to such Named Insured by blood, adoption, marriage or registered domestic partnership under California law, who is a resident of such Named Insured's household, including a ward or foster child. 2. "Occupying" means in, upon, getting in, on, out or off. 3. "Uninsured motor vehicle" means a land motor vehicle or trailer: a. For which no liability bond or policy at the time of an "accident" provides at least the amounts required by the applicable law where a covered "auto" is principally garaged; b. That is an underinsured motor vehicle. An underinsured motor vehicle is RAMougementDMslcn or "trailer" for which the sum of all liability bonds or policies at the time of = REVIEWED&APPROVED BY. PI-CA-032 CA (05/21)ceve�Co Page 5 of 6 — J Risk Management Specialist Includes copyrighted material of Insurance Services Office, Inc., with pei PI-CA-032 CA (05/21) provides at least the amounts required by the applicable law where a covered "auto" is principally garaged but that sum is less than the Limit of Insurance for this coverage; c. For which an insuring or bonding company denies coverage or refuses to admit coverage except conditionally or with reservation or becomes insolvent; d. That is a hit-and-run vehicle and neither the driver nor owner can be identified. The vehicle must make physical contact with an "insured", a covered "auto" or a vehicle an "insured" is "occupying"; or e. That is owned by an individual Named Insured or "family member" and operated or caused to be operated by a person without the owner's consent in connection with criminal activity that has been documented in a police report. However, "uninsured motor vehicle" does not include any vehicle: (1) Owned or operated by a self -insurer under any applicable motor vehicle law except a self -insurer who is or becomes insolvent and cannot provide the amounts required by that motor vehicle law; (2) Owned by the United States of America, Canada, a state or political subdivision of any of those governments or an agency of any of the foregoing; or (3) Designed or modified for use primarily off public roads while not on public roads. F Risk Me agement DMslcrn % x REVIEWED & APPROVED BY. PI-CA-032 CA 05/21 ( ) Page 6 of 6 � Risk Management Specialist Includes copyrighted material of Insurance Services Office, Inc., with pei