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HomeMy WebLinkAboutLE, CHOC 4 - 20150City of Santa Ana P�� ��*fir Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. The agreement with COTC Office Use Only M9 AUG 22 PM u: 0 CITY OF SANTA QN CLERK OF rniiu No. N-2015-057 was completed onand final payment has been made. (List all amendments. Use space below if needed.) Department: P1C-,S A Phone/Ext.: LQIR Signature: Date: OAR06A Revised 08-23-10 'INSURANCE ON FILE W0RX MAY PROCEED UNTIL INSURANCE EXPIRES J,0—ii--i6, EK OF COUNCIL 2 3 2015I DATE: "li\J,p RECREATION SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 7"' day of April, 2015, by and Qe7 0 between Choc Le (hereinafter "Provider") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a recreation service provider having special skills, resources and knowledge to conduct various Tac Kwon Do classes in its leisure class program. S. Provider represents that Provider is able and willing to provide such services to the City. C. h1 undertaking the performance of this Agreement, Provider represents that it is knowledgeable in its field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set fortis, the parties agree as follows: I. SCOPE OF SERVICES Provider shall perform those services as set forth in :Exhibit A to this Agreement. 2. COMPENSATION In consideration for the right to provide the programs set forth in Exhibit A, City agrees to pay the Provider seventy percent (70%) of all gross revenue received from program participants. Total revenue to Provider shall not exceed $25,000 annually. Payment to Provider shall be made within thirty (30) days following completion of the hest class taught by Provider that month. City shall be responsible for collecting all fees from program participants. Provider shall not collect fees but will refer all interested participants to City for registration information. Provider agrees that City shall retain titirty percent (30%) of all gross revenue received from program participants as an administrative fee. 3. TERM The "Perm of this Agreement shall be for two (2) years; commencing on July 1, 2015 through June 30, 2017, unless terminated earlier in accordance with Section 12, below. 4. INDEPENDENT CONTRACTOR Provider shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a join# venture relationship, or to allow the City to exercise discretion or control over the manner in which Provider performs the services which are the subject matter of this Agreement; however, the services to be provided by Provider shall be provided in a manner consistent with all applicable standards and regulations governing such services. provider shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. Provider is not an agent, representative or employee of City and Provider shall have no authority to act on behalf of the City. S, INSURANCE Prior to undertaking performance of work under this Agreement, Provider shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Provider shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Provider's operations in the performance of this Agreement, including, without limitation, acts involving vehicles, The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of$1,000,000 per occurrence, and $2,000,000 in the aggregate. Such insurance shall (a) name the City; its officers; employees, agents; volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Provider, if Provider has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Provideragrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c, The following requirements apply to the insurance to be provided by Provider pursuant to this section: (i) Provider shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City. (ii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty(30) days prior written notice to the City. d. If Provider fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall Have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Provider's right to be paid for its time and materials expended prior to notification of termination, Provider waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City, 6. INDEMNIFICATION Provider agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Provider or its contractors, subcontractors; agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement, The Provider further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arising by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFLICT OF INTEREST Provider covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 8. LIVE SCAN BACKGROUND CHECK Providers, and any employees, subcontractors or substitutes, in contact with minors under eighteen (18) years of age shall arrange for and submit to a Live Sean electronic background check for criminal history available through the California Department of Justice as a condition of this Agreement and provide proof of compliance prior to performing services hereunder. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax (714) 647-6956 With copy to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 26 Civic Center Plaza (M-75) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 571-4211 To Provider: Choc Le 4 Fabriano Irvine, CA 9262€I A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (244) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time franes, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Provider, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terns of this Agreement shall prevail. This Agreement may riot be modified except by written instrument signed by the City and by an authorized representative of Provider. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate Provider or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 11. ASSIGNMENT/SUBSTITUTES a. Assignment. The experience, knowledge, capability and reputation of Provider were a substantial inducement for City to enter into this Agreement, Therefore, Provider may not assign, transfer, delegate, or subcontract any interest Herein without the prior written consent of the City and any such assignment, transfer; delegation or subcontract without the City's prior written consent shall be considered null and void. b. Substitutes. In the event Provider is not able to teach a class due to illness or some other cause beyond Provider's reasonable control, Provider must procure, at its sole expense, a qualified substitute instructor to teach the class at its regular time and place. Provider shall ensure that substitute instructors are at least twenty-one (21) years of age and comply with the City's insurance and live scan requirements contained herein. Evidence of compliance with City's insurance and live scan requirements shall be provided upon request. Provider must immediately notify the City of the substitute instructor's name, qualifications, address and phone number. If Provider cannot procure a qualified substitute and the City is unable to assist in this regard, then the class shall be canceled and a make-up class must be added to the session. Provider must notify participants as soon as possible of any class cancellation and make-up class. Provider must personally teach at least seventy-five percent (75%u) of its offered classes. 12. TERMINATION a. This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Provider shall be entitled to receive, and City shall pay Provider, compensation for all services rendered prior to the effective date of termination. b. Termination or cancellation of classes by the Provider outside of Section l I.b. must be given to the City at least thirty (30) days prior to termination/cancellation. Failure to provide adequate cancellation notice to the City may put future contracting of business with the City at risk and will result in the City's retention of ten (10%) percent of the final payment to Provider. 13, RECORDS Provider shall use attendance sheets :generated and supplied by the City to record attendance in each class. Provider shall keep these and any other records in connection with the work to be performed under this Agreement and shall permit City, upon request, to review such records for a period of three (3) years from the date of final payment to Provider tinder this Agreement. 14. DISCRIMINATION Provider shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities, Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation; performance, and enforcement of any of the clauses of this Agreement shall be detennined and governed by the laws of the State of California. Both patties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. LICENSES Provider shall, throughout the tern of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. 17. SEVERABILITY In the event that one or more of the phrases, sentences, clauses, paragraphs or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs or sections of this Agreement, which shall be interpreted to carry out the intern of the parties hereunder. 18. EXHIBITS All Exhibits referenced herein and attached hereto shall be incorporated as if Uly set forth in the body of this Agreement. 19. AUTHORITY The person(s) executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement: on behalf of said parties and that by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: p Maria D. Huizar o� Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Lisa Storelt Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Monet Executive Director of Parl s, Recreation and Community Services Agency CITi TA ANA G----_ David Cavazos City Manager PROVIDER: kka, U m � q- Clioc Ce EXHIBIT A SCOPE OF SERVICES- Tae Kwon Do ("TKD") - Choc Le A. Provider will prepare and instruct students in martial arts techniques, with an emphasis on Tae Kwon Do. B. TKD class is offered I day per week, (3) three hours per day - $20/monthly, ages 7 & older C. Provider will confer with the City to set the times and location o'fthe classes, including days and hours of class and holidays to be observed. The City reserves the right to preempt any class as City deems necessary. Thirty (30) day notice of such change will be provided, if possible. Instructor may reschedule any class which has been preempted. D. Provider will provide and be responsible for equipment, records, personnel and clean-up of the facilities and materials necessary to ensure the safety and effectiveness of said instruction, E. If Provider allows others to teach his/her class, those teachers must be over 21, have obtained and maintain an instructor rating, and be covered by Providers' insurance. Provider shall provide City with documentation to verify instnh.tctor and insurance requirements. Black -belt rated students may warm up begitming students, however, Provider must be present at all times. CLASS SIZE REGISTRATION 1. The minimum number or participants is 10 per class, the maximum is 134, 2. No registration will be accepted after the second week of classes 3. In the event the minimum number of enrollees is not realized by the second meeting of the class, the class shall be canceled. Provider will be under no obligation to provide services and the City will have no obligations to pay Provider compensation, FEES Each participant shall pay a $20.00 class registration fee per monthly session. 2. No refunds will be made to participants after the commencement of a session unless the class is cancelled by the City. 3, Provider may not waive class participation/registration fees. PRODUCER Maguire Insurance Agency, Inc. 27101 Puarta Real Suite 200 Mission Viejo, CA92691- Bn.438.14s9 CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. V�„._ Irvsunex H: vniraaelpnla ln0emmtV Insurance lompany 1xVsn ChocV le V+f'� (`�j�LCw/+'•r, INSURERS: 4 FabIl /v INSURERC Irvine, CA 92620-2576 INSURER b: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERIFICATION MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR ADD4 POLICY EFFECTIVE POLICY EXPIRATION LTR INSRO TYPE OF INSURANCE POLICYNUMBER DATE(MM/DD/YYYY) DATE IMM/OD/YYYY) LIMITS A % GENERALLIABILITY PHPK661902004 12/17/2014 12/17/2015 EACH OCCURENCE $1,000,000 pREMI5E5 Est oc<TuErance $100,000 % COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR MED ENE (Anyone person) $2,500 PERSONAL &NOV INJURY $1,000,000 X PROFESSIONALLABILITV GENERAL AGGREGATE $3,000,003 PRODUCTS — COMP/OP AGG $3,000,000 GENU AGGREGATE LIMIT APPLIES PER X POLICY PROJECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANYAUTO (EAaecidant) BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per peraon) BODILY INIUflV HIRED AUTOS NON OWNED AUTOS (Par accident) PROPERTY DAMAGE (Per ecCldrm) GARAGE LIABILITY AUTO ONLY — EA ACCIDENT OTHERTHAN EA ACC ANYAUTO AUTOONLY: AGO EXCESS/ UMBRELLA LIABILITY EACH OCCURENCE OCCUR CIAIMSMADE n('� Reviewed by. AGGREGATE DEUCfIBtE RETENTION 4-- W RKEft5 COMPENSATION ANDH- EMPLOYERS' LIABILITY YN ANY PROPRIETOR _. Cue Silvia CUV ,,, rro�c { GS i�`0 TOftY LIMITS ER E.L. EACH ACCIDENT E4. DISEASE — EA AMPLOYEE (Mandatory In NH) SPECIAL PROVISIONS below F��T [71 P CSA/A ryY .".'�/ 1 in. E.L.DISEASE — POLICY LIMIT OTHER i DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS It Is understood and agreed that the following entity is added as an additional Insured but only with respect(,) to Ube operations of the named insured eacept that liability resulting from the additional insured's sole negligence. CERTIFICATE HOLDER CANCELLATION E y of Santa Are, Its efflaers, employees, agents, repraAmtatlyes & volunteers 20 Civie Center Plata M-25 Santa Ana, CA 92701- THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR ACORD 25 (2009/01) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Reviewed by; Silvia Cuevas PRCSA/Admin. ACORD 25 (2009/01.) PHILADELPHIA INSURANCE COMPANIES A NIenrber of the `Poke Marine Group One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004 610.617.7900 • Fax 610.617.7940 • PHLY.com 11/18/2014 Choc V Le 4 Fabriano Irvine, CA 92620-2576 Re: Account#: 79022321 Policy #: PHPK661902-004 Dear Valued Customer: Thank you very much for choosing Philadelphia Insurance Companies (PHLY) for your insurance needs. Our first class customer service, national presence and A++ (Superior) A.M. Best financial strength rating have made us the selection by over 150,000 policyholders nationwide. I realize you have a choice in insurance companies and truly appreciate your business. I wish you much success this year and look forward to building a mutually beneficial business partnership which will prosper for years to come. Welcome to PHLY and please visit PI ILY_com to learn more about our Company! Sincerely, Robert D. O'Leary Jr. President & CEO Philadelphia Insurance Companies Reviewed by: Silvia Cuevas M PRCSA/Admin. Philadelphia Consolidated Holding Corp. • Philadelphia Indemnity Insurance Company • Tokio Marine Specialty Insurance Company - Maguire Insurance Agency, hm. Fitness and Wellness Insurance A Member of Philadelphia Insurance Companies Tel: 877-438-7459 • Fax: 866-847-4046 • CA License #0377645 ky5 pN0 (y�� LL �m • ��UHPNr'�. Name: Choc V Le Account#: 79022321 Address: 4 Fabriano Expiring Policy #: PHPK661902-003 Irvine, CA 92620-2576 Renewal Date: 12/17/2014 Policy Type: General and Professional Liability Policy Limits: $1,000,000 1 $3,000,000 Total Balance Due*: $172.00 Total charge includes insurance premium, applicable taxes, and a $50 Risk Purchasing Group administration fee that Is fully earned and non• refundable. If you have made changes to your operations, such as producing videos, leasing or purchasing a facility, or hiring employees, please call customer service for a revised premium. This payment notice is being sent thirty (30) days prior to the expiration of your current policy. Your policy has been automatically renewed and issued and is enclosed. If payment is not received by your policy expiration date, your renewal will be automatically canceled. Available payment options are below. Questions? Please call customer service 877-438-7459 If payment has already been made, please disregard this notice. If you do not wish to renew your current coverage, please send an email to custservia7phlyins.com specifying the insured name and address, policy number, policy term, effective date of cancellation and reason for cancellation. If this is brokered business please contact your agent to cancel. Please note the following payment options for renewal of your insurance coverage: 1. You can renew via Visa or MasterCard on-line at www.fitnessandwellness.com or by contacting our customer service department at 877-438-7459. 2. You can renew via check made payable to Fitness and Wellness Insurance by mailing your payment notice and check tc: Fitness and Wellness Insurance P.O. Box 70251 Philadelphia, PA 19176-0251 Note: If you have a landlord, facility owner, or other party to be listed as an additional insured, please attach a list including name and mailing address. All correspondence should be sent to: Philadelphia Insurance Companies Attention: Customer Service One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Please detach here Fitness and Wellness Insurance Reviewed by: c' Silvia Cuevas ` PRCSAIAdmin. If you are an IDEA member and your membership has lapsed, please go to www.ideafit.com to activate your membership prior to making payment. Membership #: Membership Expiration Date: Phone: Email: Name: Choc V Le Account#:79022321 Expiring Policy #: PHPK661902-003 Expiration Date: 12117/2014 Total Balance Due: $172.00 OV./4 m'� .. - 1-800-759-4961M hia Indemnitv Insurance Com nsylvania 19004 Commercial Lines Policy THIS POLICY CONSISTS OF: - DECLARATIONS - COMMON POLICY CONDITIONS - ONE OR MORE COVERAGE PARTS. A COVERAGE PART CONSISTS OF: - ONE OR MORE COVERAGE FORMS - APPLICABLE FORMS AND ENDORSEMENTS A] Reviewed by: Silvia Cuevas"utS PRCSA/Admin. BJP-190-1 (12/98) IN WITNESS WHEREOF, we have caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless signed by our authorized representative. President & CEO Secretary Reviewed by: Silvia Cuevas PRCSA/Admin. BJP-190-1 (12/98) CPD-PIIC (01/07) Philadelphia Indemnity Insurance Company One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004 COMMON POLICY DECLARATIONS Policy Number: PHPK661902-004 Named Insured and Mailing Address: Producer: 6039 Choc V Le Maguire Insurance Agency, Inc. 4 Fabriano 27101 Puerto Real Suite 200 Irvine, CA 92620-2576 Mission Viejo, CA 92691- Policy Period From: 12/17/2014 To: 12/17/2015 at 12:01 AM. Standard Time at your mailing address shown above Business Description: Fitness Trainer 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. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT, PREMIUM Commercial Property Coverage Part Commercial General Liability Coverage Part $122,00 Commercial Crime Coverage Part Commercial Inland Marine Coverage Part Commercial Auto Coverage Part Commercial Stop Gap Part Businessowners Workers Compensation Taxes/Fees/Surcharges $50.00 Total $172.00 FORM (S) AND ENDORSEMENT (S) MADE A PART OF THIS POLICY AT THE TIME OF ISSUE Refer To Forms Schedule *Omits applicable Forms and Endorsements if shown in specific Coverage Part/Coverage Form Declarations —Countersignature Date 11 - Authorized Representative Reviewed by: Silvia Cuevas 7fL5 PRCSA/Admin, Forms Schedule — Policy Policy Number: PHPK661902-004 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: Form/Edition Description CPD-PIIC (01/07) Common Policy Declarations - PHLY Indemnity Insurance Fees And Surcharge Schedule Fees and Surcharge Schedule Reviewed by: Siivia Cuevas gq 77 PRCSA/Admm. Page 1 of 1 Fees and Surcharge Schedule Policy Number: PHPK661902-004 RPGFEE Page 1 of 1 $50.00 Reviewed by: C -- Silvia Cuevas PRCSA/Admin.' Philadelphia Indemnity Insurance Company COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number: PHPK661902-004 FV See Supplemental Schedule Agent #:6039 LIMITS OF INSURANCE $3,000,000 General Aggregate Limit (Other Than Products — Completed Operation) $3,000,000 Products/Completed Operations Aggregate Limit (Any One Person Or Organization) $1,000,000 Personal and Advertising Injury Limit $1.000,000 Each Occurrence Limit $100,000 Rented To You Limit $2,500 Medical Expense Limit (Any One Person) FORM OF BUSINESS: Individual Business Description: Fitness Trainer Location of All Premises You Own, Rent or Occupy: SEE SCHEDULE ATTACHED AUDIT PERIOD, ANNUAL, UNLESS OTHERWISE STATED: Classifications Premium Basis Rates Prad./ Prem./O s. Comp. cps. Advance Premiums Prod./ Prem./Ops. Comp. Ops. SEE SCHEDULE ATTACHED TOTAL PREMIUM FOR THIS COVERAGE PART: $122.00 Included 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: FORM(S) AND ENDORSEMENT (S) APPLICABLE TO THIS COVERAGE PART: Refer To Forms Schedule Countersignature Date Authorized Representative Reviewed by: Silvia Cuevas (:p� PRCSA/Admin. Page 1 of 1 Forms Schedule — General Liability Policy Number: PHPK661902-004 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: Form/Edition Description CG 00 01 12 07 Commercial General Liability Coverage Form Commercial General Liability GL Coverage Part Declarations Page Coverage Part Declarations Commercial GL Supplemental Commercial GL Coverage Supplemental Schedule Schedule PI-APG-004 (01/07) Additional Conditions PI-APG-CA-1 (01/07) California Changes -Cancel, Nonrenewal and Cond. Renewal PI-FW-001 (01/07) Coverage C - Athletic Activities Exclusion Deletion PI-FW-002 (03/09) Fitness and Wellness Liability Insurance Exclusions PI-FW-003 (01/07) Fitness and Wellness Liability Insurance Extension PI-FW-005 (01/07) Punitive Damages Exclusion PI-FW-006 (01/07) Sexual Abuse Endorsement PI-FW-007 (01/07) Specific Claimant Exclusion PI-FW-008 (01/07) Violation of Communication or Information Law Exclusion PI-FW-009(06/11) Blanket Additional Insured Reviewed by: 1-711 Silvia Cuevas ttl PRCSA/Admin. Page 1 of 1 COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL SCHEDULE Policy Number: PHPK661902.004 Agent#: 6039 Rates Advance Premiums Premium Prod/Comp Prod/Comp Classifications & Code No, Basis Prem/Ops Ops Prem/Ops Ops 44311 - Certified Fitness Each Included Included $122.00 Included Instructor TOTAL PREMIUM FOR THIS COVERAGE PART: $122,00 1 Included Reviewed by: SiIvla Cuevas tw PRCSA/Admin. Page 1 of 1 Commercial General Liability CG00011207 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 "our" 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 resultinq at anv time from the "bodily iniurv". 2. Exclusions Reviewed by: This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of taiIl Aa;e_(p ftgg sision does not apply to "bodily injury" resulting from the use of reasonable force to protEpRimmefspray1311 i — CG 00 01 12 07 0 ISO Properties, Inc. , 2000 Page 1 of 16 Commercial General Liability CG00011207 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 attorney 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 attorney 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 only if you are in the business of manufacturing, distributing, 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". f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (III) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at anR 9W6dy*for any insured or others for the handling, storage, disposal, processing or treatment of waste; se^" CG 00 01 12 07 O ISO Properties, Inc. , 2000 Silvia Cuevas Page 2 of 16 PRCSA/Admin. [q1-1[s- Commercial General Liability CG 00 01 12 07 (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire". (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are 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". (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: reviewed by: (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 �7,r�--� (b) Not being used to carry persons or property for a charge; pSiilvvira�Cuuevas t " 4 (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided tli�"'�u'Nd"`diniAwned 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 CG 00 01 12 07 0 ISO Properties, Inc. , 2000 Page 3 of 16 Commercial General Liability CG00011207 (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 in the state 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 you; (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 7 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 Reviewed by: "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 includeUUhal'rprty$VZ"Sompleted operations hazard". PRCSA/Admin,I✓OW- CG 00 01 12 07 © ISO Properties, Inc. , 2000 Page 4 of 16 Commercial General Liability CG 00 01 12 07 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. 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. Distribution Of Material In Violation Of Statutes "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; or (2) The CAN-SPAM Act of 2003,including any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the 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 serviceRjd pd"(y ties! explicitly provided for under Supplementary Payments — Coverages A and B. �YY Silvia Cuevas L l 1+� CG 00 01 12 07 © ISO Properties, Inc. , 2000 PRCSA/Admen. Page 5 of 16 Commercial General Liability CG00011207 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 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 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". 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., It. 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. Reviewed by: I. Unauthorized Use Of Another's Name Or Product CG 00 01 12 07 © ISO Properties, Inc. , 2000 Silvia Cuevas Pee 6 of 16 PRCSA/Admin. [A3 Commercial General Liability CG 00 01 12 07 "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. Distribution Of Material In Violation Of Statutes "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; or (2) The CAN-SPAM Act of 2003,including any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or information. 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": Reviewed by: a. Any Insured To any insured, except "volunteer workers". Silvia Cuevas jq�r CG 00 01 12 07 © ISO Properties, Inc. , 2000 PRCSA/Admen. Page 7 of 16 Commercial General Liability CG00011207 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. 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 it 16946 by. f. The indemnitee: (1) Agrees in writing to: 1­0 (a) Cooperate with us in the investigation, settlement or defense of tSilvia (;U2VaS (b) Immediately send us copies of any demands, notices, summonses glega p���rsd�'nved in connection with the "suit" FFFF����ll..bb AA (c) Notify any other insurer whose coverage is available to the indemnitee; and CG 00 01 12 07 O ISO Properties, Inc. , 2000 Page 8 of 16 Commercial General Liability CG 00 01 12 07 (d) Cooperate with us with respect to coordinating other applicable insurance available to the indernnitee; 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. 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; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (2) "Property damage" to property: Reviewed by: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exerci es d for any purpose by Silvia Cueva you, any of your "employees", "volunteer workers", any partner or member (i�e ca�f�artfnpel3 or joint venture), or any member (if you are a limited liability company), ti wa b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. CG 00 01 12 07 © ISO Properties, Inc. , 2000 Page 9 of 16 Commercial General Liability CG 00 01 12 07 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 c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE 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.lnsureds; 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. 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 Reviewed by: 1. Bankruptcy Silvia Cuevas M4 CG 00 01 12 07 © ISO Properties, Inc. , 2000 PRCSA/Admiriage 10 of 16 Commercial General Liability CG 00 01 12 07 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 us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (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. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b, below applies. If this insurance Is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance Reviewed by: (1) This insurance is excess over:g��fl (a) Any of the other insurance, whether primary, excess, continge k ors �y�,W & hasLs ©� b (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk 6r 4WI arQeMM46fo your work"; PRCSA/Admits, (it) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner, (iii) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability. CG 00 01 12 07 © ISO Properties, Inc. , 2000 Page 11 of 16 Commercial General Liability CG 00 01 12 07 (b) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured by attachment of an endorsement. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance, and (b) The total of all deductible and self -insured amounts under all that other insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply In excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other Insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. S. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: Reviewed by: a. The statements in the Declarations are accurate and complete, b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. - .m.. 7. Separation Of Insureds Sl�ilrv�iCa Cuevas o? Except with respect to the Limits of Insurance, and any rights or duties specifically ass ghbd'tw&kkWhbe Ps - 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. CG 00 01 12 07 © ISO Properties, Inc. , 2000 Page 12 of 16 Commercial General Liability CG 00 01 12 07 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 in the state 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". 0. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by- laws 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 agreement. 9. "Insured contract" means: a, A contract for a lease of premises. However, that portion of the contract for a lease of premises that Indemnities 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 municipaIity,ftAbVVgdnLo1ion with work for a municipality; e. An elevator maintenance agreement; Silvia Cuevas 5 CG 00 01 12 07 0 ISO Properties, Inc. , 2000 PRCSA/Admin, Page 13 of 16 Commercial General Liability CG00011207 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. 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: Reviewed by: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or 7?�' (c) Street cleaning; Silvia Cue4vas (2) Cherry pickers workers; and and similar devices mounted on automobile or truck chRs&('as6AAJpl�}e or lower CG 00 01 12 07 © ISO Properties, Inc. , 2000 Page 14 of 16 Commercial General Liability CG00011207 (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 in the state 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 insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programRiftOdibyfeated or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy a7J CG 00 01 12 07 © ISO Properties, Inc. , 2000 Silvia CueVa age 15 of 16 PRCSA(Admin. Commercial General Liability CG 00 01 12 07 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. Reviewed by: Silvia Cuevas ,)445- PRCSA/Admin. CG 00 01 12 07 O ISO Properties, Inc. , 2000 Page 16 of 16 PI-APG-004 (01/07) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL CONDITIONS This endorsement modifies insurance provided under the: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Section IV — Commercial General Liability Conditions: 1. Changes The Certificate of Insurance contains all the agreements between you and us concerning the insurance afforded. The first Named Certificate Holder shown in the Certificate of Insurance is authorized to make changes in the terms of the Certificate of Insurance with our consent, The Certificate of Insurance terms can be amended or waived only by endorsement issued by us and made a part of the Certificate of Insurance. 2. Transfer of Your Rights and Duties Under The Certificate of Insurance: Your rights and duties under the Certificate of Insurance may not be transferred without our written consent except in the case of death of an individual Named Certificate Holder. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Reviewed by: Silvia Cuevas U4js` PRCSA/Admin. PI-APG-CA-1 (01/07) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES — CANCELLATION, NONRENEWAL AND CONDITIONAL RENEWAL This endorsement modifies insurance provided under the following: COMMERICAL GENERAL LIABILITY COVERAGE PART SECTION IV- COMMERICAL GENERAL LIABILITY CONDITIONS, Paragraph 8. When We Do Not Renew is deleted and replaced with the following.: 1. Cancellation of Master Policy The Master Policy may be canceled by the Members of the Fitness and Wellness Purchasing Group by surrender of the policy to us or by mailing written notice to us stating when such cancellation shall take effect. If canceled by the Members of the Fitness and Wellness Purchasing Group, we shall retain the customary short -rate proportion of the premium. In no event may the requested date of cancellation be greater than 10 days prior to the date the request is received by US. b. The Master Policy may be canceled by us by written notice mailed by certified mail to the Members of the Fitness and Wellness Purchasing Group at the address shown in the Master Policy Declarations. Such cancellation shall be no fewer than 30 days from the date the notice is mailed, 2, Cancellation of the Certificate of Insurance a. The Certificate of Insurance may be canceled by the first Named Certificate Holder shown in Item 1. of the Certificate of Insurance by surrender of the Certificate of Insurance to us or by mailing written notice to us stating when such cancellation shall take effect. If canceled by the first Named Certificate Holder shown in Item 1, of the Certificate of Insurance, we shall retain the customary short -rate proportion of the premium. In no event may the requested date of cancellation be greater than 10 days prior to the date the request is received by us. to. if this Certificate of Insurance has been in effect 60 days or less, the Certificate of Insurance may be canceled by us by written notice mailed by certified mail to the first Named Certificate Holder at the address shown in the Certificate of Insurance. Such cancellation shall be no fewer than 30 days from the date the notice is mailed unless the Certificate of Insurance is canceled because the first Named Certificate Holder has failed to pay a premium when due or has committed fraud. In that event, such cancellation shall take effect no fewer than 10 days from the date the notice is mailed. c. If this Certificate of Insurance has been in effect for more than 60 days, the Certificate of Insurance may be canceled by us only for the following reasons: (1) Nonpayment of premium; (2) Discovery of fraud or material misrepresentation by either of the following: (a) The Named Certificate Holder or his or her representative in obtaining the insurance; (b) The Named Certificate Holder or his or her representative in pursuing a claim under the Certificate of Insurance; (3) A judgment by a court or an administrative tribunal that the Named Certificate holder has violated any law of the state of California or of the United States, having as one of its necessary elements, an act which materially increases any of the risk insured against; Reviewed by; Silvia Cuevas i_qs­ PRCSAIAdmin. PI-APG-CA-1 (01/07) (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by the Named Certificate Holder or his or her representative, which materially increase any of the risks insured against; (5) Failure by the Named Certificate Holder or his or her representative to implement reasonable loss control requirements which were agreed by the insured as a condition of policy issuance or which were conditions precedent to the use by us of a particular rate or rating plan, if the failure materially increases any of the risks insured against; (6) A determination by the commissioner that the loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency. A certification made under penalty of perjury to the commissioner by one of our officers of the loss of, or change in, reinsurance and that the loss or change will threaten our financial integrity or solvency if the cancellation of the Certificate of Insurance is not permitted shall constitute such a determination unless disapproved by the commissioner within 30 days of the filing. There shall be no extension to this 30 day period; (7) A determination by the commissioner that the continuation of the Certificate of Insurance would place us in violation of the laws of this state or the state of its domicile or that the continuation of coverage would threaten our solvency; or (8) A change by the Named Certificate Holder or his or her representative in the activities or property of the commercial or industrial enterprise which results in a material added risk, a materially increased risk or a materially changed risk, unless the added, increased, or changed risk is included in the Certificate of Insurance. If we cancel subjects to Paragraphs c.(1) through c.(8) above, we shall mail by certified mail to the first Named Certificate Holder at the address shown in the Certificate of Insurance, and mail to the producer of record, if any. Written notice of cancellation shall take effect: (1) 10 days from the date of mailing for the reasons set forth in Paragraph c.(1) and c.(2); and (if) 30 days from the date of mailing for the reasons set forth in Paragraph c.(3) through c.(8). d. If the Certificate of Insurance is canceled by us, the earned premium shall be computed pro-rata. Premium adjustment may be made at the time cancellation is effected or as soon as practicable thereafter. Failure to pay any premium adjustment at, on, or around the time of the effective date of cancellation shall not alter the effectiveness of cancellation. 3. Nonrenewal of the Master Policy a. If we elect not to renew this Master Policy, we will mail or deliver written notice stating the reason for nonrenewal to the Members of the Fitness and Wellness Group at the mailing address shown in the Master Policy Declarations, and to the producer of record, at least 60 days, but not more than 120 days, before the expiration date. If we fail to provide timely written notice required by the paragraph above, the coverage provided to the Members of the Fitness and Wellness Group shall remain in effect with no change in its terms and conditions, for a period of 60 days. b. We are not required to send notice of nonrenewal in the following situations: (I) If the transfer or renewal of a Master Policy, without any changes in terms, conditions or rates, is between us and a member of our insurance group. (2)If the Master Policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph 3.a. above Reviewed by: ad - Silvia Cuevas 51jtK- Page 2 of 4 PRCSA/Admin. PI-APG-CA-1 (01/07) (3) If the Members of the Fitness and Wellness Group have obtained replacement coverage, or have agreed, in writing, within 60 days of the termination of the Master Policy, to obtain that coverage. (4) If the Master 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. (6)If the Members of the Fitness and Wellness Group request a change in the terms of conditions or risks covered by the Master Policy within 60 days of the end of the policy period. (6)lf we have made a written offer to the Members of the Fitness and Wellness Group in accordance with the timeframes shown in Paragraph 3.a above, to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25% c. The transfer of a Master Policy between companies with the same insurance group or changes in Deductible, premium, Limit of Insurance or coverage are not refusal to renew. 4. Nonrenewal of the Certificate of Insurance a. If we elect not to renew this Certificate of Insurance, we will mail or deliver written notice stating the reason for nonrenewal to the first Named Certificate Holder at the mailing address shown in the Certificate of Insurance and to the producer of record, if any, at least 60 days, but not more than 120 days, before the expiration date. If we fail to provide timely written notice required by the paragraph above, the coverage provided to the first Named Certificate Molder shall remain in effect with no change in its terms and conditions, for a period of 60 days. h. We are not required to send notice of nonrenewal in the following situations: (1) If the transfer or renewal of a Certificate of insurance, without any changes in terms, conditions or rates, is between us and a member of our Insurance group. (2) If the Certificate of Insurance has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph 4.a. above. (3) If you have obtained replacement coverage, or have agreed, in writing, within 60 days of the termination of the Certificate of Insurance, to obtain that coverage. (4) If the Certificate of Insurance 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. (6) If you request a change in the terms or conditions or risks covered by the Certificate of Insurance within 60 days of the end of the policy period. Reviewed by: Silvia Cuevas PRCSAIAdmin. Page 3 of 4 PI-APG-CA-1 (01/07) (6) If we have made a written offer to you, in accordance with the timeframes shown in Paragraph 4.a. above, to renew the Certificate of Insurance under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%. c. The transfer of a Certificate of Insurance between companies with the same insurance group or changes in Deductible, premium, Limit of Insurance or coverage are not refusal to renew. 5. Conditional Renewal If we elect to renew this Master Policy or Certificate of Insurance, and the renewal is subject to any of the following: a. Increase in Deductible; b.Reduction in Limit of Insurance; c. Elimination of coverages; or d. 25% or more rate increase, We shall mail or deliver written notice of the change(s) to the Members of the Fitness and Wellness Group at the mailing address shown in the Master Policy Declarations or the first Named Certificate Holder at the mailing address shown in the Certificate of Insurance and to the producer of record, if any, at least 50 days, but not more than 120 days, before the expiration date. 6. Mailing time must be added to the notice periods as follows: a. Add 5 days if the place of address and place of mailing is in California; b. Add 10 days if the place of address or place of mailing is outside of California; or c. Add 20 days if the place of address or place of mailing is outside the United States. Reviewed by: Silvia Cuevas PRCSAIAdmin. PI-FUV-001 (01/07) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, COVERAGE C — ATHLETIC ACTIVITIES EXCLUSION DELETION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I - COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities, is deleted in its entirety. Reviewed by: V, Silvia Cuevas Page 1 of 1 PRCSA/Adman. PI-FW-002 (03109) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, FITNESS AND WELLNESS LIABILITY INSURANCE EXCLUSIONS This endorsement modifies insurance provided under the following, COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusions are added to Paragraph 2. Exclusions of SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY; and Paragraph 2. Exclusions of SECTION I — COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: 2. Exclusions This insurance does not apply to, a. Services Furnished by Health Care Providers (1) "Bodily injury," "property damage" or 'personal and advertising injury" based upon or arising out of, in whole or in part, the rendering of or failure to render: (a) Medical, surgical, dental, x-ray, or nursing service, treatment, advice or instruction, or the related furnishing of food or beverages; (b) Any health or therapeutic service, treatment, advice or instruction; or (c) Any service, treatment, advice or instruction in chemical skin enhancement, laser hair removal or replacement. (2) The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances; or (3) The handling or treatment of dead bodies, including autopsies, organ donation or other procedures. This exclusion does not apply to the rendering of first aid. Paragraph 2.a. (1)(b) above does not apply to a licensed physical therapist providing any health or therapeutic service, treatment, advice or instruction on behalf of a Named Certificate Holder. b. Vitamins, Supplements and Steroids (1) "Bodily injury," "property damage" or "personal and advertising injury" based upon or arising out of, in whole orin part, the production, testing or manufacture of vitamins, minerals, herbal supplements, medicinal supplements or nutritional supplements. (2) 'Bodily injury," "property damage' or "personal and advertising injury' based upon or arising out of, in whole or in part, the production, recommendatiRwiamde*o, promotion, solicitation, or manufacture of steroids. Page 1 of 2 �! Silvia Cuevas PRCSA/Admin. PI-FW-002 (03/09) c. Improper Fees, Dues and Expenses "Bodily injury," "property damage" and "personal and advertising injury" based upon or arising out of, in whole or in part, improper fees, dues, and expenses incurred or charged by an insured. d. Communicable Disease (1) "Bodily injury," "property damage" or "personal and advertising injury" arising out of any "communicable disease," including but not limited to the following: (a) Acquired Immune Deficiency Syndrome (AIDS); (b) Human Immunodeficiency Virus (HIV); or (c) Hepatitis. (2) This exclusion applies even if such damages arise or are alleged to arise as a result of the insureds' negligent hiring, placement, training, supervision, act, error or omission or alleged sexual and/or physical abuse. (3) For purposes of this exclusion, "communicable disease" means an infectious disease transmittable from person to person by direct contact with an affected person or that person's discharges or body fluids. e. Fungi or Bacteria (1) "Bodily injury," "property damage" or "personal and advertising injury" caused directly or indirectly by the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of any: (a) "Fungi," "spores," or bacteria; or (b) Substance, vapor or gas produced by or Substance, vapor or gas produced by oror arising out of any "fungi," "spores" or bacteria. (2) Loss, costs or expenses 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," "spores" or bacteria, by any insured or by any other person or entity. (3) For the purposes of this exclusion, the following definitions are added: (a) "Fungi" means any type or form of fungus, including mold or mildew and any mycotoxins, "spores," scents or byproducts produced or released by "fungi." (b) "Spores" means reproductive bodies produced by or arising out of "fungi." This exclusion does not apply to any "fungi," "spores" or bacteria that are on, or are contained in, an edible good or edible product intended for human or animal consumption. Reviewed by; Page 2 of 2 Silvia Cuevas PRCSA/Admin. PI-FW-003 (01/07) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. FITNESS AND WELLNESS LIABILITY INSURANCE EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to Paragraph 1. Insuring Agreement of SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: "Bodily injury" or "property damage' arising out of the rendering of or failure to render "professional training services" shall be deemed to be caused by an "occurrence." S. For the purpose of determining the Limits of Insurance for the coverage provided by this endorsement, any act or omission together with all related acts or omissions in the furnishing of these 'professional training services" to any one person will be considered one "occurrence." C. For purposes of this endorsement, "professional training services" means any service, advice, or instruction relating to physical fitness. Reviewed by: Silvia Cuevas 7/q6 - PRCSA/Admin. Page 1 of 1 PI-FW-005 (01/07) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. PUNITIVE DAMAGES 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 - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY; and Paragraph 2. Exclusions of SECTION I - COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: 2. Exclusions This insurance does not apply to: Punitive Damages Any punitive, treble or exemplary damages, whether or not such punitive, treble or exemplary damages arise out of any obligation to share damages with or repay someone else who must pay damages. Reviewed by: Silvia Cuevas) PRCSA/Admin, Page 1 of 1 PI-FW-006 (01/07) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY SEXUAL ABUSE ENDORSEMENT This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part SCHEDULE Sexual Abuse Limits of Insurance Sexual Abuse Each Occurrence Limit: Sexual Abuse Aggregate Limit $100,000 $300,000 A. Except as otherwise provided by this endorsement, this policy does not apply to "bodily injury," "property damage" or "personal and advertising injury" caused by, based upon or arising, in whole or in part, out of any: 1. Actual, threatened or alleged "sexual abuse" or "sexual harassment'; or 2. "Negligent employment" of any person who caused or commits or is alleged to have caused or committed "sexual abuse" or "sexual harassment." As respects coverage afforded by this endorsement, the following changes apply to the COMMERCIAL GENERAL LIABILITY COVERAGE FORM: B. Paragraph 1. of Section I — Coverages — Coverage A — Bodily Injury And Property Damage Liability is deleted and replaced by the following: 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages, including any "suit" alleging that the "bodily injury" arose out of "sexual abuse" caused or committed by the insured. However, we will have no duty to defend or continue to defend any insured against: (1) any "suit" seeking damages for "bodily injury" to which this insurance does not apply; (2) any "suit" for which the insured is found to have in fact caused or committed an act of "sexual abuse"; or (3) any "suit" for which the insured has admitted to have in fact caused or committed an act of "sexual abuse." We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (a) The amount we will pay for damages is limited as described in Section F — Limits Of Insurance of this endorsement; and (b) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or "defense expenses" 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 under Section D of this endorsement — Supplementary Payments — Coverage A and B. Reviewed by: b. This insurance applies to "bodily injury" only if: Page 1 of 4 Silvia Cuevas�f PRCSA/Adl PI-FVV-006 (01107) (1) the "bodily injury" is caused by an "occurrence" that first commences in the "coverage territory" at a specific date and time on or after the effective date of this endorsement and during the policy period; (2) the "bodily injury" arises out of "sexual abuse" caused or committed by your "employee"; and (3) the "sexual abuse" arises out of your "negligent employment" of that "employee." C, The insurance provided by this endorsement is subject to the following additional exclusions: 2. Exclusions This insurance does not apply to: a. Any person who: (1) Has admitted to or been found guilty of, or pled guilty or nolo contendere to any act involving "sexual abuse"; (2) Participated in, directed or knowingly allowed "sexual abuse"; or (3) Has failed to comply with any applicable law, ordinance or regulation which requires the reporting of "sexual abuse" after having knowledge of the "sexual abuse." to. Any expense associated with a criminal trial, proceeding or investigation, or to any expense for appeals for any "suit" against you or any person insured. e. Any claim for damages arising out of "sexual abuse" which is part of a series of related acts of "sexual abuse" if the first of such series of acts took place before the effective date of this endorsement. d. Any claim for damages arising out of "sexual abuse" alleged to have been caused or committed by any "employee" who had previously committed such an act of which any insured had knowledge. e. Any liability of others assumed by you under any contract or agreement, either oral or written. f. Any claim made against an insured by another insured. g. Any "sexual abuse" caused or committed by or which is alleged to have been caused or committed by any independent contractor or employee or agent of such independent contractor. h. "Sexual harassment." 1. "Bodily injury" arising from any violation or alleged violation of the civil rights of any person. D. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B With respect to the insurance provided by this endorsement, Paragraph 1.a. and Paragraph 2. of Section I — Supplementary Payments — Coverages A and B are deleted. E. WHO IS AN INSURED With respect to the insurance provided by this endorsement, Paragraph 2. of Section 11— who Is An Insured is deleted. F. LIMITS OF INSURANCE For purposes of the coverage provided by this endorsement, the following is added to Section III — Limits Of Insurance of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM and applies solely to this coverage: Reviewed by: Page 2 of 4 Silvia Cuevas t.-1��t6— PRCSA/Admin. PI-FW-006 (01107) 1. The Sexual Abuse Limits of Insurance shown in the SCHEDULE of this endorsement and the riles below fix the most we will pay for damages and "defense expenses", 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 Sexual Abuse Aggregate Limit shown in the SCHEDULE of this endorsement is the most we will pay for the sum of all damages and "defense expenses" because of all "bodily injury" arising out of "sexual abuse." 3. Subject to 2. above, the Sexual Abuse Each Occurrence Limit shown in the SCHEDULE of this endorsement is the most we will pay for the sum of all damages and "defense expenses" because of all "bodily injury" arising out of "sexual abuse" from any one "occurrence." 4. Subject to 1., 2., and 3, above, covered damages for which insurance is afforded by this endorsement will apply against and reduce the General Aggregate Limit of this policy, as described in Paragraph 2. of Section III — Limits Of Insurance of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM. The Limits of Insurance of this endorsement 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 to be part of the last preceding period for purposes of determining the Limits of Insurance. G. For purposes of the coverage provided by this endorsement, the following definitions are added to Section V — Definitions of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM: 1. "Defense expenses" means; a. Fees, costs and expenses charged by attorneys retained by us; and b. Reasonable and necessary fees, costs and expenses resulting from the investigation, adjustment, defense or appeal of a claim. "Defense expenses" do not include: a. Salaries, loss of earnings, reimbursement for the insured's time or attendance required at any investigation, defense or appearance; or b. Other remuneration by or to any insured. 2. "Negligent employment" means negligent selection, investigation, supervision, training or retention of an "employee." 3. "Sexual abuse" means actual or alleged physical abuse arising out of a single, continuous or repeated exposure of one or more persons to acts of a sexual nature involving inappropriate physical contact caused by or committed by: a. One person; or le. Two or more persons acting together or in related acts or series of acts. All related, interrelated, repeated or continuous episodes of "sexual abuse" involving the same claimant or perpetrator shall be deemed to be a single "occurrence." 4. "Sexual harassment" means inappropriate non-physical actions or verbal comments or suggestions of a sexual nature. For purposes of the coverage provided by this endorsement, Paragraph 1,3. of Section V -- Definitions of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is &%&W@"Iyfde: Page 3 of 4 Silvia CU$VUS PRCSAIAdmin.�` PI-FW-006 (01/07) 13. "Occurrence" means any act of "sexual abuse." Reviewed by: Silvia Cuevas q,;—xifI-K Page 4 of 4 PRCSA/Admin, PI-FW-007 (01107) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, SPECIFIC CLAIMANT EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusions are added to Paragraph 2, Of SECTION I — COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY. 2, Exclusions This insurance does not apply to: Any actual or alleged "personal and advertising injury" asserted by or on behalf of Bikram Choudhury, Rajashree Choudhury, their corporations, subsidiaries, affiliates or other related business enterprises or successors in interest, Reviewed by: Silvia Cuevas +,3/qS— Page 1 of 1 PRCSA/%AC min, PI-FW-008 (01/07) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, VIOLATION OF COMMUNICATION OR INFORMATION LAW EXCLUSION This endorsement modifies insurance provided under the: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Exclusions of Section I — Coverage A — Bodily Injury and Property Damage Liability and Coverage B — Personal and Advertising Injury Liability, Paragraph 2.: 2. Exclusions: This insurance does not apply to: Violation of Communication or Information Law "Bodily injury", "property damage or "personal and advertising injury' resulting from or arising out of any actual or alleged violation of: A. The federal Telephone Consumer Protection Act (47 U.S.C. § 227), Drivers Privacy Protection Act (18 U.S.C.§ 2721-2725) or Controlling the Assault of Non -Solicited Pornography and Marketing Act (15 U.S.C. § 7701, at seq.); or Any other federal, state, or local statute, regulation or ordinance that imposes liability for the: (1) unlawful use of telephone, electronic mail, internet, computer, facsimile machine or other communication or transmission device; or (2) unlawful use, collection, dissemination, disclosure or re -disclosure of personal information in any manner by any insured or on behalf of any insured. Reviewed by: Page 1 of 1 SIIVIS Cuevas PRCSA/Admin. PI-FW-009 (06111) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY Blanket Additional Insured Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION II — WHO IS AN INSURED is amended to include the following as an additional insured, but only with respect to liability arising out of your operations, and in accordance with a required Certificate ofinsurance: 1. Managers, Owners or Lessors of the Premises Leased, Rented, or Loaned to You, but only with respect to that part of the premises leased, rented or loaned to you subject to the following additional exclusions. This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises; b. Structural alterations, new construction or demolition operations performed by or on behalf of the manager, owner or lessor of the premises; c. Any design defect or structural maintenance of the premises or loss caused by a premises defect 2. Lessor of Leased Equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s) subject to the following additional exclusions: This insurance does not apply to: Any "occurrence" which takes place after the equipment lease expires. 3, Sponsors, but only with respect to their liability as a sponsor to you. 4, Co -Promoters, but only with respect to their liability as a co — promoter to you 5. Subcontractors 5. Grantor of Franchise, but only with respect to their liability as grantor of franchise to you. With respect to any additional insured covered under this policy, this insurance does not apply to the sole negligence of such additional insured. Reviewed by, Silvia Cuevas +VS1-s--- Page 1 of 1 PRCSAIAdmin. PHILADELPHIA mVm,, INSURANCE COMPANIES A Nllemberofthe Tokio Marine Gioup 011C BUhl Pl',IZI, SLJ1C 1W Bala Cymvyd, Peimsyk,ania 19004 010.617.7900 - Fir%, 610.617.7940 - PI ILY.corn 11/18/2015 Choc V 1-C 4 Fabriano Irvine, CA 92620-2576 Re: Account fl: 79022321 Policy -9: PHPK661902-005 Dear Valued Customer: Thank You very MUCh for choosing Philadelphia IuSLIrance Companies (PHLY) for your insurance needs. Our first class CLIStOrner service, national presence and A++ (Superior) A.M. Best financial strength rating have made us the selection by over 150,0,00 policyholders nationwide. I realize you have a choice in insurance companies and truly appreciate your business. I wish you much success this year and look forward to building a rnUtU'Zilly beneficial bL1Si11CSS partnership which will prosper for years to come. Welcome to 11FILY and please visit V1 ILY.com to learn more about our Company! Sincerely, Robert 1). 01-eary h% President & 11"( Philadelphia Insurance C'ornpanies eu V,e I >A"a GN� 11hiladelphia Cmlsohkhaed I 1k)1ding Corp - I'llikidelphia 111dollmily Insurance Company - 1'okio Marme Spevially Insurancv Company - Magtife Insmance Agpicy, hic. #Av/ Fitness and Wellness Insurance ,mL A Member of Philadelphia Insurance Companies Tel: 877-438-7459 Fax: 866-847-4046 * CA License #0377645 Name:� Choc V Le Account #: 79022321 Address: 4 Fabriano Expiring Policy #: PHPK661902-004 Irvine, CA 92620-2576 Renewal Date12/17/2,015 Policy Type: General and Professional Liability Policy Limits: $1,000,000 1 $3,000,000 Total Balance, Due*: $172iOO "Total charge includes insurance premium, applicable taxes, and a $50 Risk Purchasing Group administration fee that is fully earned and non- refundable. If you have made changes to Your operations, such as producing videos, leasing or purchasing a facility, or hiring employees, please call customer service for a revised premium. This payment notice is being sent thirty (30) days prior to the expiration of your current policy. Your policy has been automatically renewed and issued and is enclosed If payment is not received by your policy expiration date, your renewal will be automatically canceled. Available payment options are below. Questions? Please call custorner service 877-438-7469 If payment has already been made, please disregard this notice. If you do not wish to renew your current coverage, please send an email to custserv@phlyins.corn specifying the insured name and address, policy number, policy term, effective date of cancellation and reason for cancellation. If this is brokered business please contact your agent to cancel. F= Please note the following payment options for renewal of your insurance coverage: 1. You can renew via Visa or MasterCard on-line at www.fittiessandwell.ne.s.s._.com or by contacting our customer service department at 877-438-7459. 2. You can renew via check made payable to Fitness and Wellness Insurance by mailing your payment notice and check to: Fitness and Wellness Insurance P.O. Box 70251 Philadelphia, PA 19176-0251 Note: If you have a landlord, facility owner, or other party to be listed as an additional insured, please attach a list including name and mailing address. All correspondence should be sent to: Philadelphia Insurance Companies Attention: Customer Service One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Please detach here Fitness and Wellness Insuran If you are an IDEA member and your membership has lapsed, please go to www.ideafit.com to activate your membership prior to making payment. Membership M Membership Expiration Date: Phone: Email: Name: Choc V Le Account #: 79022321 Expiring Policy #: PHPK661 Expiration Date-. 12/17/201�_ Total Balance Diuw. $172.0 OM I CERTIFICATE OF LIABILITY INSURANCE PRODUCER M,Ip"ime lm.ulln- Agency, 111c 2701 200 Mk,icin Viej., CA 92691 - 877,439 7459 INSURED ch., V L. 4 Fabriano I ...... �, CA 9262G 2576 COVERAGES THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. G N —SL I R L�� RNLORLEE: - INSURER (). THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERIFICATION MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN M.AY HAVE BEEN REDUCED BY PAID, CLAIMS. .. ......... INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YYYY) DATE (MMJDD/YYYYI LIMITS A x GENERAL LIABILITY PHIPK661902-005 12117/2015 1211712u1c, [ALI I C(CURCNCF S1,000,000 ) I to -12K MjKiL- S - I cli 11 1 X_ 1,111AME RCIAL IS( NERAL I EA8Q I TY CLAIMS MADE I'll `C(0)k MEP EKE (Any one It . ......... ---- PRO, LSSIONAL LIABILITY PER50NAL & ADV INJURY GENERAL A(�L`R[E'ATC GENT AGGREGATE I EMIT APPLIES PER: "I PRODUCTS-COMP/OP AGG $1,000xvc POLICY F I I F-1 Loc AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANYA111n (EA ac,.Id,.n#) At OWNLO At) I 0S BODILY IWEIRY S(ILDUECD AUT05 HIRE I) AUT05 BODILY INJURY IPvtr au c ideal) NON OWNED AUT05 ------------ OAMA- I Y G, t :;ROPER Nm "ircIde"t) GARAGE LIABILITY . ......... . . ....... . . ANYAUTC) OTHER I I IAN FA ACC AUTO ONLY: AGG EXCESS / UMBRELLA LIABILITY FACE I OCCURINCE Oc"UM E:1 U.AIMMADE AGGREGATF THE UCTIRIF RE FINTION WORKERSLUMPE SAIIUNAND WC1%`IATI- EMPLOYERS' LIABILITY LRMITS ER ANYPROFIFTPR(PART IFI .TORN RIMER M13 R E OFFI XCLUIN) D? in EL EACH ACCIDENT (Mandatory in NHI F I DISEASE - EA AMP I OYIF If A Sf4r��, OVI, NS hekm - F.L DISEASE � P01 ICY LlmLI OTHER DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS It is understood and agreed that the fs,110,!ng entity i, addod as an additional insured but only with respect(s) to The oI of the nanieel 1--d except that liability reSUIting from the additional jnsijre,k snie negligence. CERTIFICATE HOLDER City ofS,,.0 Ana, its officoi�s, o pby,—, ag—k, .p--wiv- & —I it—,, )Q( , Aw Plaza M 25 S.M. Ana, (A WMI. — — a SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL III DAYS WRITTEN NOTICE To THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE eo NEC- ACORD 25 (2009/01) 0 1988-2009 ACORD CORPORATION. All The ACORID name and logo are registered marks of ACORD MIMONIMMM Philadelphia Indemnity Insurance Company Commercial Lines Policy THIS POLICY CONSISTS OF - DECLARATIONS - COMMON POLICY CONDITIONS - ONIE OR MORE COVERAGE PARTS. A COVERAGE PART CONSISTS OF: - ONE OR MORE COVERAGE FORMS �,Al ::Ii! a I 150Y.11 WQ I a WQ 1*1 kTj W-11 0 102:11 z 100] Z61i 9 LAI IN LIN . eve6 0' 0, EMMEMEMEN IN WITNESS WHEREOF, we have caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless signed by our authorized representative. etr��(D . . . .. ......... ..... President & CEO Secretary PP 20 15 (06/15) PHILADELPHIA INSURANCE COMPANIES PRIVACY POLICY NOTICE Philadelphia Indemnity Insurance Company The Philadelphia Insurance Companies value your privacy and we are committed to protecting personal information that we collect during the course of our business relationship with you. The collection, use and disclosure of certain nonpublic personal information are regulated by law. This notice is for your information only and requires no action on your part. It will inform you about the types of information that we collect and how it may be used or disclosed. This does not reflect a change in the way we do business or handle your information. Information We Collect: We collect personal information about you from the following sources: • Applications or other forms such as claims forms or underwriting questionnaires completed by you; • Information about your transactions with us, our affiliates or others; and • Depending on the type of transaction you are conducting with us, information may be collected from consumer reporting agencies, health care providers, employers and other third parties. Information We Disclose: We will only disclose the information described above to our affiliates and non-affiliated third parties, as permitted by law, and when necessary to conduct our normal business activities. For example, we may make disclosures to the following types of third parties: • Your agent or broker (producer); • Parties who perform a business, professional or insurance functions for our company, including our reinsurance companies; • Independent claims adjusters, investigators, attorneys, other insurers or medical care providers who need information to investigate, defend or settle a claim involving you; • Regulatory agencies in connection with the regulation of our business; and • Lienholders, mortgagees, lessors or other persons shown on our records as having a legal or beneficial interest in your policy. We do not sell your information to others for marketing purposes. We do not disclose the personal information of persons who have ceased to be our customers. Protection of Information: The Philadelphia Insurance Companies maintain physical, electronic and procedural safeguar and federal regulations to protect the confidentiality of your personal Information. We also limn personally identifiable information to those with a business reason for knowing such information. Use of Cookies and Opt -Out: t We may place electronic "cookies" in the browser files of your computer when you access our websita. Cookies are text files placed on your computer to enable our systems to recognize your browser and so that we may tailor information on our website to your interests. We or our third party service providers or business partners may place cookies on your computer's hard drive to enable us to match personal information that we maintain about you so that we are able to pre - populate on-line forms with your information. We also use cookies to help us analyze traffic on our website to better understand your interests. Although we do not use your non-public personal information for this purpose, you may opt - out of cookies and advertising features through one of the available options including but not limited to Ads Settings in Google.com or the Network Advertising Initiative (NAI) Consumer Opt -out. Opting out does not mean you will no longer receive online advertising. It does mean that companies from which you opted out will no longer customize ads based on your interests and web usage patterns using cookies. 1.14. blow to Contact Us: Philadelphia Indemnity Insurance Company, One Bala Plaza, Suite 100, Bala Cynwyd, PA 19004 Attention: Chief Privacy Officer Philadel 'phia Indemnity Insurance Company & One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004 gazi—MA C01,4114010 POLICY DECI-4111;9QUS fm UM7=4=111126 12101401001IR Named Insured and Mailing Address: Choc V Le 4 Fabriano Irvine, CA 92620-2576 Maguire Insurance Agency, Inc. 27101 Puerta Real Suite 200 Wssion Viejo, CA 92691- Policy Period From, 12/17/2015 To: 12/17/2016 at 12:01 AM, Standard Dme at your maHing address shown above Business Description: Fitness Trainer Style/Art: Martial Arts 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. THIS POLICY CONSISTS, OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM Commercial Property Coverage Part Commercial General Liability Coverage Part $122.00 Commercial Crime Coverage Part Commercial Inland Marine Coverage Pail Commercial Auto Coverage Part Commercial Stop Gap Part Businessowners; Workers Compensation Taxes/Fees/Surcharges $50.00 Total $172.00 FORM (S) AND ENDORSEMENT (S) MADE A PART 6—FTHIS -POLICY AT T H I E TIME OF ISSUE_... SSUE Refer To Forms Schedule *Omits applicable Forms and Endorsements if shown in specific Coverage Part/Coverage Form Declarations . . . . . ........ ... . . . ....... ...... . ...... ....... . Countersignature Date Authorized Representative Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: Form/Edition DescriE= Cp0-PNC(81/O7) Common Policy Declarations -PHLYIndemnity Insurance Page 1 of 1 Fees and Surcharge Schedule Policy Number: PHPK661902-005 RPGFEE Page 1 of 1 Philadelphia Indemnity Insurance Company COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS MOW 'If WINITFITIP W See Supplemental Schedule LIMITS OF INSURANCE G $3.000.000 General Aggregate Limit (Other ThonProducts—CumpletedOperahon) $3.000.000 ProdL)CtS/COMpleted Operations Aggregate Limit (Any One Person Or Organization) $1.000.088 Personal and Advertising Injury Limit $1.000.000 Each Ouourw*noeLimit $180.008 Rented ToYou Limit $2.500 Medical Expense Limit (Any One Person) FORM OF BUSINESS: ndividua| Business Description: Fitness Trainer Location ofAll Premises You Own, Rent orOccupy: SEE SCHEDULE ATTACHED AUDIT PERIOD, OTHERWISE Prem./Ops. Rates Advance Premiums Classifications I Basis comp , Ops. Prem./Ops. Como. Oos. TOTAL PREMIUM FOR THIS COVERAGE PART: $122,00 Included Retroactive Date(CG0002Only) Thisinsuosmcedoesmmtepp|ybo^'Bodi|y|rjur/'.^PnopertyDamage^,or''Penoona|andAdvertieinginjury"vvhichocourmbefonatbe retroactive date, ifany, shown below, FORM(S)AMD ENDORSEMENT (8)APPLICABLE T0THIS COVERAGE PART: Refer To Forms Schedule Countersignature Date Authorized Representative Forms Schedule — General Liability Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: CG 00 01 12 07 Commercial General Liability Coverage Form Commercial General Liability GIL Coverage Part Declarations Page Coverage Part Declarations Commercial GIL Supplemental Commercial GIL Coverage Supplemental Schedule Schedule PI-APG-004 (01/07) Additional Conditions PI-APG-CA-1 (01/07) California Changes -Cancel, Nonrenewal and Cond. Renewal PI-FVV-001 (01/07) Coverage C - Athletic Activities Exclusion Deletion PI-FW-002 (03/09) Fitness and Wellness Liability Insurance Exclusions PI-FW-003 (01/07) Fitness and Wellness Liability Insurance Extension PI-FW-005 (01/07) Punitive Damages Exclusion Pi-FW-006 (01/07) Sexual Abuse Endorsement PI-FVV-007 (01/07) Specific Claimant Exclusion PI-FVV-008 (01/07) Violation of Communication or Information Law Exclusion PI-FW-009 (06/11) Blanket Additional Insured Page 1 of 1 W jammuff.7mmi-J.- U-�� Agent #: 6039 Rates I Advance ms Premium Prod/Comp Prod/Comp Classifications & Code No. Basis Prem/Ops Ops Prem/Ops Ops 44311 - Certified Fitness Each Included Included $122.00 Included Instructor I TOTAL PREMIUM FOR THIS COVERAGE PART: $122.00 Included Page 1 of 1 Commercial General Liability Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and, ianot covered Throughout this policy the vvondo "you" and '\mu/' refer tothe Named hneued shown in the Omdaru#onm, and any other person or organization qualifying as a Named Insured under this policy. The words '\wm'^` ~un~ and °umr' refer to the company providing this insurance. The word "innwred" means any person or organization qualifying as such under Section |l-Vvho Is An Insured. Other words and phmn*m that appear in quotation marks have special meaning. Refer to Section V-Dmhni\ionm, SECTK]N|-COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1.Insuring Agreement a. We will pay those surnothat the insured becomes legallycblto 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. Hoxem*r, we will have no duty tpdefend the insured against any "suit" seeking darnages for "bodily injury" or "property damage" to which this insurance does not apply. We may, atOur discretion, investigate any ''muounnnoa^ and :settle any claim or"muif'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 mums or perform acts or services is covered um|mmm explicitly provided for under Supplementary Payments - Coverages Aand B. b, This insurance applies tw"bodily injury^and `'prmpertydamage" only if: (1) The "bodily irjury" or "property damage" is omoomd by an ''000mrnanom" 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 H - Who Is An Insured and no ^ompluymm^ authorized by you to give or receive notice of an ^000urnamoo~ or claim, knew that the "bodily injury" or "property damage~ had ucourmd, in whole or in part. If such m hated insured o, authorized '.'.employee"emp|oymehnew, prior to the policy period, that the "bodily ininjury"uryor"property damage" omcumad, then any uontinumdnn, change or resumption of such "bodily injury" or "property damage" during or after the policy period will bedeemed tohave been known prior iothe 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 conhnmaMon.ohamgaoruamumphomofthmt^bodi|yinjury^'ur^pmpedydammQe''aftmrtheendmfthe policy period, d."Bodily injuq/''or"property damage" will bodeemed tohave been known Vohave occurred atthe earliest 0mo whenanyinnumd|istedund*rPmcagmph1.ufSmotionU-VVho|mAn|nnunedorany"amployee^'mudhorizedby 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 e written or verbal demand or claim fordame0es baomwsa of the "bodily injury" or "property dmmaAm^;or (3,) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur, a. Damages because of "bodily injury' include damages claimed by any person or organization for loss of services or death resulting at any time from the "bodily injury". 2. Exo|mmkmmm This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" nr"property damage" expected or intended frorn the standpoint ofthE does not apply to "'bodily injury" resuffing from the use of reasonable force to protect CG0]01 12O7 @ ISO Properties, Inc. .2OOV Page 1 of 16 Commercial General Liability CG 00 01 12 07 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 darnages: (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 attorney 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 attorney 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 contributingi 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 only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployrnent 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". IF. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (j) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests-, (ii) "Bodily injury" or "property damage" for which you may be held liable, if You are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that add 'al insured at that premises, site or location and such premises, site or location is not and nev qVms s owned or pied by, or rented or loaned to, any insured, other than that additional insure (iii) "Bodily injury" or "property damage" arising out of heat, s mo.k fire"; (b) At or from any premises, site or location which is or was at any me b n 6ured or others for the handling. storaae. disposal. Drocessina or treatment of waste: CG 00 01 12 07 0 ISO Properties, Inc. , 2000 Page 2 of 16 Commercial General Liability CG 00 01! 12 07 (c) Which are or were at any time transported, handled, stored, treated, disposed of, or, processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom You may be legally responsible; or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are perforr6ing operations if the "Pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (j) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property darnage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by Such insured, contractor or subcontractor', (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, furnes or vapors from materials brought into that building in connection with operations being performed by You or on your behalf by a contractor or subcontractor', or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire". (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are 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"' (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 "a is not own by or rented or loaned to you or the insured; (4), Liability assumed under any "insured contract" for the ownership, maintenan r use of 1 or watercraft; or CG 00 01 12 07 ISO Properties, Inc. , 2000 ge 3 of 16 Commercial General Liability CG 00 01 12 07 ()'"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 in the state 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 pail of those premises; (3) Property loaned to You: (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 7 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 "product - Pleted 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 \e "Property damage" to "YOUr work" arising out of it or any part of it and included in the e ed operations hazard", %c CG 00 01 12 017 0 ISO Properties, Inc. , 2000 Page 4 of 16 Commercial General Liability CG 00 01 12 07 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 it) 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. 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. Distribution Of Material In Violation Of Statutes "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 lam or (2) The CAI -SPAM Act of 2003,including any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than the 1-CPA or CAI -SPAM Act of 2003, that prohibits or limits the 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 legially 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 discretton, 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 Ill — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insur in the pa lit of judgments or settlements under Coverages A or B or medical expenses underC ec. 0 1 terea, xpli,c, ovided No other obligation or liability to pay sums or perform acts or services is cm \,2(e s s e for under Supplementary Payments — Coverages A and B. 6 ' CG 00 01 12 07 @ ISO Properties, Inc. , 2000 P Page 5 of 16 Commercial General Liability CG 00 01 12 07 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 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 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 riot 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". L Infringement Of Copyright, Patent, Tradernark 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 BLISinesses "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, fo . you or others anywhere on the Internet, is not by itself, considered the business of advertising, broa;dctQg: publishing telecasting. k. Electronic Chatrooms Or Bulletin Boards 00, "Personal and advertising injury" arising out of an electronic cha 16�ts, troom or bL11 in boa th 6sts, owns, or over which the insured exercises control. xl(�, 1. Unauthorized Use Of Another's Name Or Product CG 00 01 12 O7 @ ISO Properties, Inc. , 2000 Page 6 of 16 Commercial General Liability CG 00 01 12 07 "Personal and advertising injury" arising out of the unauthorized use of another's name or product in Your e- rnail 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. Distribution Of Material In Violation Of Statutes "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone ConSUrner Protection Act (TCPA), including any amendment of or addition to such law-, or (2) The CAN-SPAM Act of 2003,including any arnendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 200,3, that prohibits or limits the sending, transmitting, communicating or distribution of material or information. 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", Page 7 of 16 CG 00 01 12 07 @ ISO Properties, Inc. , 2000 Commercial General Liability CG 00 01 12 07 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. 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 it) 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 indemnite��:,and , I 10 , Np f. The indemnitee: ,�V, (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the (b) Immediately send us copies of any demands, notices, summonses or legal P ved in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee: a r1o, X CG 00 01 12 07 @ ISO Properties, Inc. , 2000 Page 8 of 16 Commercial General Liability CG 00 01 12 O7 (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 indernnitee, 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. 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. 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 fori (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 mernbers (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; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above-, (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (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 y( '? ip or joint venture), or any member (if you are a limited liability company). 0 c)e a partner b, Any person (other than your "employee" or "volunteer worker"), or any organ while actit our real estate manager. lvp CG 00 01 12 07 fl ISO Properties, Inc. , 2000 ci Page 9 of 16 Commercial General Liability CG 00 01 12 07 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 Linder 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 darnage" that Occurred before you acquired or formed the organization-, and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE 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 Linder 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 Linder Coverage B. 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 additionali period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of deterrn Ing the Limits, of Insurance, 1� X'10 64*011111 Lei Z I 1FAR0101T, I h 14041F.-VIrli I Elk; I! i ::I 15 Ir I I r;111iii I I rf]rolrnrp�o 1. Bankruptcy CG 00 01 12 07 @ ISO Properties, Inc. , 2000 Q age 10 of 16 Commercial General Liability CG 00 01 12 O'7 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 us copies of any demands, notices, summonses or legal papers received In connection with the claim or "suit"; (2) Authorize LIS 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 wall, 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 LIS 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 LIS 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. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows! a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary, Then, we will share mouth all that other insurance by the method described in Paragraph c, below. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner-, (iii) That is insurance purchased by you to cover your liability as a tenant for "prop damage" to premises rented �9 to you or temporarily occupied by you with permission of the owner 0" (iv) 'If the loss arises out of the maintenance or use of aircraft, "autos' or water I to the ext not subject to Exclusion g, of Section I - Coverage A - Bodily Injury And Propert;mega Liab'' 11 ej CG 00 01 12 07 ISO Properties, Inc. , 2000 11 of 16 Commercial General Liability CG 00 01 12 07 (b) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured by attachment of an endorsement, (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "Suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self -insured amounts under all that other insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage IPart. c� Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5,. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with Our rules and rates. b. Premium shown in this Coverage Part as advance prernium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the surn of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for prernium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; 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 Lis. 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 ed shown in e Declarations written notice of the nonrenewal not less than 30 days before the expirati to I'f,notice is mailed, proof of mailing will be sufficient proof of notice. � e2� CG 00 01 12 07 @ ISO Properties, Inc. , 2000 1�\ a age 12 of 16 Commercial General Liability CG 00 01 12 07 MAW�r r w 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 rneans 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 consideredan 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 in the state 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 frorn 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 it 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, by- laws 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 agreement, 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 Qr temporarily occupied by you with permission of the owner is not an "insured contract"; X ') b. A sidetrack agreement; 01-1 c. Any easement or license agreement, except in connection with construction or de ion operat' Vn or within 50 feet of a railroad; e, cl. An obligation, as required by ordinance, to indemnify a municipality, except in conqeb�, r a municipality; .. Qe e. An elevator maintenance agreement-, cr CG 00 01 12 07 @ ISO Properties, Inc. , 2000 Page 13 of 16 Commercial General Liability CG 00 01 12 07 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 indemnities 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 "ternporary 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. 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 N (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and or lower workers: and �P CG 00 01 12 07 ISO Properties, Inc. , 2000 Page 14 of 16 Commercial General Liability CG 00 01 12 07 (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 in the state 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 sarne 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-cornipleted 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 the time of the "occurrence" that caused it. For the purposes Of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored on, or transmitted to or from Computer software, including systems and applications YO Occur at CG 00 01 12 07 @ ISO Properties, Inc. , 2000 Commercial General Liability CG 00 01 12 07 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 firne 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 performance Or use of "your work", and (2) The providing of or failure to provide warnings or instructions. CG 00 01 12 07 @ ISO Properties, Inc. , 2000 respect to the fitness, quality, durability, N C)\N en Page 16 of 16 This endorsement modifies insurance provided under the: The following is added to Section IV — Commercial General Liability Conditions: 11. Changes The Cedfioehe of Insurance contains all the agreements between you and us oomoemimQ the insurance afforded. The first Named Certificate Holder shown in the Certificate of Insurance is authorized to make changes in the terms of the Certificate of Insurance with our consent, The Certificate of Insurance terms can be amended or waived only by endorsement issued by us and made apart ofthe Certificate ofInsurance. Transfer mfYour Rights and Duties Under The Certificate uf|naurmnce.- Yourhghtsenddu1iesunderbheCertificaNaof|nuumamoemaVnmtbatnemsf*rnadwithoutourvvritten consent except inthe case ofdeath cf anindividual Named Certificate Holder. If you die, your rights and duties will be transferred to your legal napmoertmdve but only while acting within the scope of duties as your legal representative. Until your legal representative is eppmin&ed, anyone having proper temporary custody of your property will have your rights and duties but only with respect 10that property. Page 1 of 1 PI-APG-CA-1 (01/07) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. X-11 14 1291,01 z I Flys] 0 F-Jil lei *290-1112 101:4 4 wil leg, N This endorsement modifies insurance provided under the following: COMMERICAL GENERAL LIABILITY COVERAGE PART SECTION IV- COMMERICAL GENERAL LIABILITY CONDITIONS, Paragraph 9. When We Do Not Renew is deleted and replaced with the following.: 1. Cancellation of Master Policy The Master Policy may be canceled by the Members of the Fitness and Wellness Purchasing Group by surrender of the policy to us or by mailing written notice to us stating when such cancellation shall take effect. If canceled by the Members of the Fitness and Wellness Purchasing Group, we shall retain the customary short -rate proportion of the premium. In no event may the requested date of cancellation be greater than 10 days prior to the date the request is received by US. b. The Master Policy may be canceled by us by written notice mailed by certified mail to the Members of the Fitness and Wellness Purchasing Group at the address shown in the Master Policy Declarations. Such cancellation shall be no fewer than 30 days from the date the notice is mailed. 2. Cancellation of the Certificate of Insurance a. The Certificate of Insurance may be canceled by the first Named Certificate Holder shown in Item 1. of the Certificate of Insurance by surrender of the Certificate of Insurance to LIS or by maifing written notice to us stating when such cancellation shall take effect. If cancelled by the first Named Certificate Holder shown in Item 1. of the Certificate of Insurance, we shall retain the customary short -rate proportion of the premium. In no event may the requested date of cancellation be greater than 10 days prior to the date the request is received by us. b. If this Certificate of Insurance has been in effect 60 days or less, the Certificate of Insurance may be canceled by us by written notice mailed by certified mail to the first Named Certificate Holder at the address shown in the Certificate of Insurance. Such cancellation shall be no fewer than 30 days from the date the, notice is mailed unless the Certificate of Insurance is canceled because the first Named Certificate Holder has failed to pay a premium when due or has committed fraud. In that event, such cancellation shall take effect no fewer than 10 days from the date the notice is mailed, c. If this Certificate of Insurance has been in effect for more than 60 days, the Certificate of Insurance may be canceled by us only for the following reasons-. (1) Nonpayment of premium; (2) Discovery of fraud or material misrepresentation by either of the following: (a) The Named Certificate Holder or his or her representative in obtaining the insurance-, (b) The Named Certificate Holder or his or her representative in pursuing a claim under the Certificate of Insurance„ (3) A judgment by a court or an administrative tribunal that the, Named Certificate hol eis violated any law of the state of California or of the United States, having as Of its 1"b", necessary elements, an act which materially increases any of the risk insured nsW (4) Discovery of willful or grossly negligent acts or omissions, or of any viogtPicps of St Page 1 of 4 PI-APG-CA-1 (01/07) laws or regulations establishing safety standards, by the Named Certificate Holder or his or her representative, which materially increase any of the risks insured against; (6) Failure by the Named Certificate Holder or his or her representative to implement reasonable loss control requirements which were agreed by the insured as a condition of policy issuance or which were conditions precedent to the use by us of a particular rate or rating plan, if the failure materially increases any of the risks insured against; (6) A determination by the commissioner that the loss of, or changes in, our reinsurance covering all or part of the risk wouldthreaten our financial integrity or solvency. A certification made under penalty of perjury to the commissioner by one of our officers of the, loss of, or change in, reinsurance and that the loss or change will threaten our financial integrity or solvency if the cancellation of the Certificate of Insurance is not permitted shall constitute such a determination unless disapproved by the commissioner within 30 days of the filing. There shall be no extension to this 30 day period; (7) A determination by the commissioner that the continuation of the Certificate of Insurance would place LIS in violation of the laws of this state or the state of its domicile or that the continuation of coverage, would threaten our solvency; or (8) A change by the Named Certificate Holder or his or her representative in the activities or property of the commercial or industrial enterprise which results in a material added risk, a materially increased risk or a materially changed risk, unless the added, increased, or changed risk is included in the Certificate of Insurance. If we cancel subjects to Paragraphs c.(1) through c.(8) above, we shall mail:, by certified mail to the first Named Certificate Holder at the address shown in the Certificate of Insurance, and mail to the producer of record, if any. Written notice of cancellation shall take effect: (i) 10 days from the date of mailing for the reasons set forth in Paragraph c.(1) and c.(2); and (!1) 30 days from the date of mailing for the reasons set forth in Paragraph c.(3) through c.(8). d. If the Certificate of Insurance is canceled by us, the earned premium shall be computed pro-rata. Premium adjustment may be made at the time cancellation is effected or as soon as practicable thereafter. Failure to pay any premium adjustment at, on, or around the time of the effective date of cancellation shall not alter the effectiveness of cancellation. 3. Nonrenewal of the Master Policy a. If we elect not to renew this Master Policy, we will mail or deliver written notice stating the reason for nonrenewal to the Members of the Fitness and Wellness Group at the mailing address shown in the Master Policy Declarations, and to the producer of record, at least 60 days, but snot more than 120 days, before the expiration date. If we fail to provide timely written notice required by the paragraph above, the coverage provided to the Members of the Fitness and Wellness Group shall remain in effect with no change in its terms and conditions, for a period of 60 days. b. We are not required to send notice of nonrenewal in the following situations: (1) If the transfer or renewal of a Master Policy, without any changes in terms, conditions or rates, is between us and a member of our insurance group. X�A 1 (2) If the Master Policy has been extended for 90 days or less, provided that notice h een given in accordance with Paragraph 3.a. above Page 2 of 4 (3) If the Members of the Fitness and Wellness Group have obtained replacement coverage, or, have agreedi, in writing, within 60 days of the termination of the Master Policy, to obtain that coverage. (4) If the Master 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, (5) If the Members of the Fitness and Wellness Group request a change in the terms or conditions or risks covered by the Master Policy within 60 days of the end of the policy period. (6) If we have made a written offer to the Members of the Fitness and Wellness Group in accordance with the timeframes shown in Paragraph 3.a above, to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25% c. The transfer of'a Master Policy between companies with the same insurance group or changes in Deductible, premium, Limit of Insurance or coverage are not refusal to renew. 4. Nonrenewal of the Certificate of Insurance a. If we elect not to renew this Certificate of Insurance, we will mail or deliver written notice stating the reason for nonrenewal to the first Named Certificate Holder at the mailing address shown in the Certificate of Insurance and to the producer of record, if any, at least 60 days, but not more than 120 days, before the expiration date, If we fail to provide timely written notice required by the paragraph above, the coverage provided to the first Named Certificate Holder shall remain in effect with no change in its terms and conditions, for a period of 60 days. b. We are not required to send notice of nonrenewal in the following situations: (1) If the transfer or renewal of a Certificate of Insurance, without any changes in terms, conditions or rates, is between us and a member of our insurance group. (2) If the Certificate of Insurance has been extended for 90 days or less, provided: that notice has been given in accordance with Paragraph 4.a. above. (3) If you have obtained replacement coverage, or have agreed, in writing, within 60 days of the termination of the Certificate of Insurance, to obtain that coverage. (4) If the Certificate of Insurance 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. (5) If you request a change in the terms or conditions or risks covered by the Certificate of Insurance within 60 days of the end of the policy period. Page 3 of 4 PI-APG-CA-1 (01/07) (6) If we have made a written offer to you, in accordance with the timeframes shown in Paragraph 4.a. above, to renew the Certificate of Insurance under changed terms or conditions or at an increased premium rate, when the increase exceeds 259/o, c. The transfer of a Certificate of Insurance between companies with the same insurance group or changes in Deductible, premium, Limit of Insurance or coverage are not refusal to renew. 5. Conditional Renewal If we elect to renew this Master Policy or Certificate of Insurance, and the renewal is subject to any of the following: a. Increase in Deductible; b. Reduction in Limit of Insurance; c. Elimination of coverages-, or d. 25% or more rate increase. We shall mail or deliver written notice of the change(s) to the Members of the Fitness and Wellness Group at the mailing address shown in the Master Policy Declarations or the first Named Certificate Holder at the mailing address shown in the Certificate of Insurance and to the producer of record, if any, at least 60 days, but not more than 120 days, before the expiration date. a. Add 5 days if the place of address and place of mailing is in California; b. Add 10 days if the place of address or place of mailing is outside of California; or C. Add 20 days if the place of address or place of mailing is outside the United States, elm Page 4 of 4 W . ............. ....... .. . . . .......... ............. ..... . ...... This endorsement modifies insurance provided under the following: SECTION I - COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection, 2. Exclusions, Paragraph e. Athletic Activities, is deleted in its entirety. I Al 'IV A '4 Page 1 of 1 FITNESS AND WELLNESS LIABILITY INSURANCE EXCLUSIONS 'This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusions are added to Paragraph 2. Exclusions of SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY� and Paragraph 2�. Exclusions of SECTION I — COVERAGES, COVERAGE B PERSONAL AND ADVERTISING WURY LIABILITY: Exclusions This insurance does not apply to: a. Services Furnished by Health Care Providers (1) "Bodily injury." "property damage" or "personal and advertising injury" based upon or @rising out of, in whole or in part, the rendering of or failure to render: (a) Medicm . surgical, dental, x-ray, or nursing service trentmemt, advice orinstruction, or the related furnishing of food or beverages; (b) Any health ortherapeutic service, treatment, advice orinstruction; or (c) Any service, treatment, advice or instruction in chemical mWm enhancement, laser hair removal or replacement. (2) The furnishing mrdispensing ofdrugs ormedica[denta|cvauqgicalsupp|ieour (3) The handling or treatment of dead bodies, including au&opsies, organ donation or procedures. ~ This exclusion does not apply to the rendering of first aid. PI-FW-002 (03/09) Paragraph 2.a. (1)(b) above does not apply to a licensed physical therapist providing any health or therapeutic service, treatment, advice or instruction on behalf of a Named Certificate Holder. b. Vitamins, Supplements and Steroids (1) "Bodily injury," "property damage" or "personal and advertising injury" based upon or arising out of, in whole Orin part, the production, testing or manufacture of vitamins, minerals, herbal supplements, medicinal supplements or nutritional supplements. (2) "Bodily injury," "property damage" or "personal and advertising injury" based upon or arising out of, in whole or in part, the production, recommendation, selling, testing, promotion, solicitation, or manufacture of steroids. "Bodily injury," "property damage" and "personal and advertising injury" based upon or arising Out Of, in whole or in part, improper fees, dues, and expenses incurred or charged by an insured. (1) "Bodily injury," "property damage" or "personal and advertising injury" arising out of any "communicable disease," including but not limited to the following: (a) Acquired Immune Deficiency Syndrome (AIDS); (b) Human Immunodeficiency Virus (HIV); or BEM= (2) This exclusion applies even if Such damages arise or are alleged to arise as a result of the insureds' negligent hiring, placement, training, supervision, act, error or omission or alleged sexual and/or physical abuse. (3) For purposes of this exclusion, "communicable disease" means an infectious disease transmittable from person to person by direct contact with an affected person or that - person's discharges or body fluids. e., Fungi or Bacteria Page 2 of 3 C'N NEWIMSEM (1) "Bodily injury.""property damage" or"personal and advertising m' caused &ectly or indirectly by the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of any: (a) "Fungi," "spores," or bacteria; or (b) Substance, vapor or gas produced by or Submtance, vapor orgas produced by oror arising out of any "fungi," "'spores" or bacteria. CQ Loma, costs or expenses arising out of the abating, testing for, monborny, clean�ng up, remcwing, montaining, tnaaUng, dehoxifying, wyutna|trhmg, nemediohng ordisposing of, or in any way responding to, or assessing the effects of, "fungi," "spores" or bacteria, by any insured or by any other person or entity. (3) For the purposes of this exclusion, the following definitions are added: (u) "Fungi" means any type nrform mffungus, including mold mrmildew and any mycotoxins, "spores," scents or byproducts produced or released by "fungi." (b) "Spores" means reproductive bodies produced by or arising out of "fungi." This mxnCus�ondoes not app,lytoany "fungi.^^spnres~orbacteria that are on, orare contained in, an edible good or edible product intended for human or animal consumption. Page 3 of 3 mmazamlem This endorsement modifies insurance provided under the following: A The following isadded toParagraph 1.Insuring Agreement ofSECTION |-COVERA8ES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: "Bodily injury" or"property damage" arising out mfthe rendering oforfailure to render "professional training services" shall be deemed to be caused by an "occurrence " B, For the purpose of determining the Limits of Insurance for the coverage provided by this endorsement, any act oromission together with all related acts cxomissions inthe furnishing of these "professional training services" to any one person will be considered one "occurrenne." C. For purposes of this endorsement, "professional training services" means any service, advice, or instruction relating to physical fitness. Page I of 1, PI-FW-005 (01/07) PUNITIVE DAMAGES 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 - COVERAGES, COVERAGE, A BODILY INJURY AND PROPERTY DAMAGE LIABILITY; and Paragraph 2, Exclusions of SECTION I - COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: 2. Exclusions This insurance does not apply to: Punitive Damages Any punitive, treble or exemplary damages, whether or not such punitive, treble or exemplary damages arise out of any obligation to share damages with or repay someone else who must pay damages. Page 1 of 1 PI-FW-006 (01/07) . .. . .. . . .. . ...... ­_ SEXUAL4BUSE EVB6`6SETTEVT This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part RPUF41-611M Sexual Abuse Limits of Insurance Sexual Abuse Each Occurrence Limit: Sexual Abuse Aggregate Limit A. Except as otherwise provided by this endorsement, this policy does not apply to "bodily injury," '"property damage" or "personal and advertising injury" caused by, based upon or arising, in whole or in part, out of any; 1. Actual, threatened or alleged "sexual abuse" or "sexual harassment"; or 2. "Negligent employment" of any person who caused or commits or is alleged to have caused or committed "sexual abuse" or "sexual harassment," As respects coverage afforded by this endorsement, the following changes apply to the COMMERCIAL GENERAL LIABILITY COVERAGE FORM: B. Paragraph 1. of Section I - Coverages - Coverage A - Bodily Injury And Property Damage Liability is deleted and replaced by the following: 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages, including any "suit" alleging that the "bodily injury" arose out of "sexual abuse" caused or committed by the insured. However, we will: have no duty to defend or continue to defend any insured against: (11) any "suit" seeking damages for "bodily injury" to which this insurance does not apply; (2) any "suit" for which the insured is found to have in fact caused or committed an act of "sexual abuse"; or (3) any "suit" for which the insured has admitted to have in fact caused or committed an act of "sexual abuse." We may, at our discretion, investigate any "occurrence" and settle any claim or "suiv�at may result. But: - 00 000 'or IQX" Page 1 of 4 PI-FW-006 (01/07) (a) The amount we will pay for damages is limited as described in Section F — Limits Of Insurance of this endorsement and (b) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or "defense expenses" 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 under Section D of this endorsernent — Supplementary Payments — Coverage A and B. b. This insurance applies to "bodily injury" only if: (1) the "bodily injury" is caused by an "occurrence" that first commences in the "coverage territory"' at a specific date and time on or after the effective date of this endorsement and during the policy period; (2) the "bodily injury" arises Out Of "sexual abuse" caused or committed by your "employee"; and (3) the "sexual abuse" arises out of your "negligent employment" of that "employee." C. The insurance provided by this endorsement is subject to the following additional exclusions: 2. Exclusions This insurance does not apply to: a. Any person who: (1) Has admitted to or been found guilty of, or pled guilty or nolo contendere to any act involving "sexual abuse"; (2) Participated in, directed or knowingly allowed "sexual abuse"; or (3) Has failed to comply with any applicable law, ordfiiance or regulation which requires the reporting of "sexual abuse" after having knowledge of the "sexual abuse." b. Any expense associated with a criminal trial, proceeding or investigation, or to any expense for appeals for any "suit" against you or any person insured, c. Any claim for damages arising out of "sexual abuse" which is part of a series of related acts of "sexual abuse" if the first of such series of acts took place before the effective date of this endorsement. d. Any claim for damages arising out of "sexual abuse" alleged to have been caused or committed by any "employee" who had previously committed such an act of which any insured had knowledge. e. Any liability of others assumed by you under any contract or agreement, either oral or written. f. Any claim made against an insured by another insured. g. Any "sexual abuse" caused or committed by or which is alleged to have been caused or committed by any independent contractor or employee or agent of such independent contractor. h, "Sexual harassment," i. "Bodily injury" arising from any violation or alleged violation of the civil rights of any pe0* Q) Page 2 of 4 PI-FW-006 (01/07) D. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B With respect to the insurance provided by this endorsement, Paragraph 1.a. and Paragraph 2. of Section I — Supplementary Payments — Coverages A and B are deleted. L05-1 &I F-,Tkl IN gm-" T*91 With respect to the insurance provided by this endorsement, Paragraph 2. of Section 11 — Who Is An Insured is deleted. I= 41 0IRK011111111,111411 tX,121934 For purposes of the coverage provided by this endorsement, the following is added to Section III — Limits Of Insurance of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM and applies solely to this coverage: 1. The Sexual Abuse Limits of Insurance shown in the SCHEDULE, of this endorsement and the rules below fix the most we will pay for damages and "defense expenses", 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 Sexual Abuse Aggregate Limit shown in the SCHEDULE of this endorsement is the most we will pay for the surn of all damages and "defense expenses" because of all "bodily injury" arising out of "sexual abuse." 3. Subject to 2. above, the Sexual Abuse Each Occurrence, Limit shown in the SCHEDULE of this endorsement is the most we will pay for the sum of all damages and "defense expenses" because of all "bodily injury" arising out of "sexual abuse" from any one "occurrence." 4. Subject to 1., 2, and 3. above, covered damages for which insurance is afforded by this endorsement will apply against and reduce the General Aggregate Limit of this policy, as described in Paragraph 2. of Section III — Limits Of Insurance of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM. The Limits of Insurance of this endorsement 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 0 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 to be part of the last preceding period for purposes of determining the Limits of Insurance. G. For purposes of the coverage provided by this endorsement, the following definitions are added to Section V — Definitions of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM: 1. "Defense expenses" means: a. Fees, costs and expenses charged by attorneys iretaiined by us-, and b. Reasonable and necessary fees, costs and expenses resulting from the investigation, adjustment, defense or appeal of a claim. "Defense expenses" do not include: a. Salaries, loss of earnings, reimbursement for the insured's time or attendance required at any investigation, defense or appearance-, or b Other remuneration by or to any insured. Page 3 of 4 PI-FW-006 (01/07) 2. "Negligent employment" means negligent selection, investigation, supervision, training or retention of an "employee." 1 "Sexual abuse" means actual or alleged physical abuse arising out of a single, continuous or repeated! exposure of one or more persons to acts of a sexual nature involving inappropriate physical contact caused by or committed by: a. One person-, or b. Two or more persons acting together or in related acts or series of acts. All related, interrelated, repeated or continuous episodes of "sexual abuse" involving the same claimant or perpetrator shall be deemed to be a single "occurrence." 4. "Sexual harassment" means inappropriate non-physical actions or verbal comments or suggestions of a sexual nature. H. For purposes of the coverage provided by this endorsement, Paragraph 13. of Section V — Definitions of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include: 13. "Occurrence" means any act of "sexual abuse." Page 4 of 4 ��W-00 (01X7) This endorsement modifies insurance provided under the foUoI This insurance does not apply to: Anyaotua|ora|leged~personeKendadvedisinginjury'ommertedbyormnbehalfofBiknam Choudbory. RajamhneeChoudhury. their corporations, subsidiaries, affiliates m/other Page 1 of 1 ALKMII- This The following exclusion is added to Exclusions of Section I — Coverage A — Bodily Injury and Property Damage Liability and Coverage B — Personal and Advertising Injury Liability, Paragraph 2,: 2. Exclusions: This insurance does not apply to; Violation of Communication or Information Law "Bodily injury", "property damage or "personal and advertising injury" resulting from or arising out of any actual or alleged violation of: A. The federal Telephone Consumer Protection Act (47 U.S.C. § 227), Drivers Privacy Protection Act (18 U.S.C.§ 2721-2725) or Controlling the Assault of Non -Solicited Pornography and Marketing Act (15 U.S.C. § 7701, et seq.); or 6, Any other federal, state, or local :statute, regulation or ordinance that irnposes liability for the: (1) unlawful use of telephone, electronic mail, internet, computer, facsimile machine or other communication or transmission device; or (2) unlawful use, collection, dissernination, disclosure or re -disclosure of personal information in any manner by any insured or on behalf of any insured, G_ db Page 1 of ammummuou are 10MMIMMAVE ulakey, ZMA111 .......... . ....... . . . ...... - III i I I � I � 11 � I � 111 � I � I M I i This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION 11 — WHO IS AN INSURED is amended to include the following as an additional insured, but only with respect to liability arising out of your operations, and in accordance with a required Certificate of Insurance� 1. Managers, Owners or Lessors of the Premises Leased, Rented, or Loaned to You, but only with respect to that part of the premises leased, rented or loaned to you subject to the following additional exclusions: This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises; b. Structural alterations, new construction or demolition operations performed by or on behalf of the manager, owner or lessor of the premises; c. Any design defect or structural maintenance of the premises or loss caused by a premises defect, 2. Lessor of Leased Equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such persons) or organization(s) subject to the following additional exclusions: This insurance does not apply to: Any "occurrence" which takes place after the equipment lease expires. 3. Sponsors, but only with respect to their liability as a sponsor to you. 4, Co -Promoters, but only with respect to their liability as a co — promoter to you 5. Subcontractors 6. Grantor of Franchise, but only with respect to their liability as grantor of franchise to you. With respect to any additional insured covered under this policy, this insurance does not apply to the sole negligence of such additional insured. Page 1 of 1 A-Ccw? or PRODUCER M,,iguite In"mince Agency, Inc 27TOI N-0 K-1 Suite 7fjo Missio,, Vwjo, CA 92691. 877.438.7459 INSURED Ch., V 1. 4 F atic iancl Inline, CA 92C20 2576 COVERAGES 11/18/2015 THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO, RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, L'NIURIR A 1110,1(101phla Indemnity Iwwranre Company 18058 INSURER 8 INSURFR( INSURER F: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERIFICATION MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE or INSURANCE POLICY NO MBER DATE (MrVI/DUjYYYY) DATE (MM/DV/YYYY) LIMITS A X GENERAL LIABILITY PHPK661902-005 1211712015 12/1712016, FACHOCCURENCE $1,0D0,000 X COMMkRCIAL GE NERAL LIABILITY Em I's mint CLAIMS HE El -1111K $2,500 M. I'R[7EFSSICiNAl. API I I TY PFFSONAL8 ADVINJURY S 1,000,000 --- — — --------- .,!,�ENERAI AGGREGAWF 53 Q 0 0 0 1 0 GEN`L AGGREGAI E LINIII APPLIFS PER I'PODUCTS- COMP IOPAGG 53,000,000 X I POLICY F] PROIFCT [0C Ll AUTOMOBILE LIABILITY COMBINED 9NN f, LIMI I ANYAM0 (EA acddlpit) -J— ALI. OWNED AUTOS 1300h Y INI URY SCHEDULED AUTOS HIRED AU POS W )I)IIY INWRY NON-OWNEDAUTOS H�t�ROPLR I Y DAMAW, lei accjdenk) GARAGE LIABILITY _AUPOONLY EA ACCIDENT ANYAUTO 07 HER THAN EA ACC AUTO ONLY AGG EXCESS I UMBRELLA LIABILITY EACH OCCURFNCE OCCUR El CIAIM5NIADE AGGREGATE DEDUCI IBLF RETENTION WORKERS CONIPERTAUTIMN NAND WC SI At U- O EMPLOYERSLIABILITY TORY LIMIIVS ER _Y/N ANY PROPRIEToRIPARTNIFR/Fx[() r��g,lVt, crFICER/MrMHER EXCC UI7EL7d F L LMN ACOUENT EI-015EASk- FAAMP10YEE (Mandatory in NHj If yes, ,le, E 1'r tJISFASE --POLICY LIMIT SPECIAL PROVISIONS Let— OTHER DESCRIPTION OF OPERATIONS / LOCATIONSI VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVIVONS It is understood and aglel,-d that t1u, following entity is added as an additional ie"—d but only wnh 'epect(s) to the ope'likion's of the ."rued Insured except that IlabilLy lesoWng froR, the adds Irma, jnsk—d g 9.10 p"Flige'— CERTIFICATE HOLDER CANCELLATION Conimnity Red-elopownf Agency Of the CrLv Of S—I. Arc. 20 CLvic Center Plaza ( M 25) Sarah Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. .1 AUTHORIZED REPRESENTATIVE tv-) � J, r. X`( ACORD 25 (2009/01) OC 1988-2009 ACORD CORPORATION, All The ACORD name and logo are registered marks of ACORD "I ,_­11111i as I DATE (MM/DD/YYYY) .�ArlC"J?f> CERTIFICATE OF LIABILITY INSURANCE 1111812016 L PRODUCER Maguire Insurance Agency, Inc, 27101 Pu.,t. Real Suite 200 Mission Viejo, CA 92691- 877.438.7459 INSURED CFoc V Le 4 Faterano Irvine, CA — 92620-2576 5 COVERAGES THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC 4 INSURER A: Philadelphia findlemufty Insurance Company -INSURER 3: INSURER C: INSURER 07 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERIFICATION MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRPOLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER (MM/DD/YYYY) DATE (14M/DD/YYYY) LIMITS A x GENERAL LIABILITY PHPK6131902.006 12/17/2016 12/17/2017 EACI I OCCURENCE $1,000,000 COMMERCIAL. GENERAL LIABILITY ,_I- DE 1.1 OCCUR IAA..RENTED PREMISES1. fencel $100,000 MED EXP (Any one p-sum) $2,500 PERSONAL & ADV INJURY $1,000,0o0 NALU ABILITY GENERAL AGGREGATE . . . . .................. . PRODUCTS— COI ACr GEN'L AGGREGATE LIMIT APPLIES PER r.] POLICY PROJECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO LEA accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (P­ person) HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY— EA ACCIDENT OT HERTHAN EAACC ANY AUTO AUTOONLY: AGG EXCESS I UMBRELLA LIABILITY EACH OCCURENCE AGGREGATE OCCUR CLAIMS MADE DEDUCTIBLE RETENTION .. . ..... . .. ..... SABON AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNEREXECUTIVE 0 FFICERIMEMBER EXCLUDED?I WC ITATU -TH- ,),y LIMITS Ell F.L. EACH ACCIDENT (Mandatory in NH) E.L. DISEASE — EA AMPLOYEE If yes, descrineunder SPECIAL PROVISIONS below E L. DISEASE-- POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS It is understood and agreed that the following entity is added as an additional insured but only with respects) to the operations of the named insured except that Lability resulting from the additional insured's solo CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE City of Santa Ana, its officers, employees, agents, representatives & volunteers THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE 20 CwIc Center Plaza M-25 CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR Santa Ana CA 92701- LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE e ACORD 25 (2009/01) 1988-2009 ACORD CORPORATION �4�4i The ACORD name and logo are registered marks of ACORD 4 Fitness and Wellness Insurance F3" A Member of Philadelphia Insurance Companies Tel:877-438-7459 Fax:866-847-4046 • CA License #0377645 Name.- Choc V Le Account #-.79022321 Address: 4 Fabriano Expiring Policy #: PHPK661902-005 Irvine, CA 92620-2576 Renewal Date: 12/17/2016 Policy Type: General and Professional Liability Policy Limits: $1,000,000 / $3,000,000 Total Balance Due*: $172.00 Total charge includes insurance premium, applicable taxes, and a $50 Risk Purchasing Group administration fee that is fully earned and non-refundable. If you have made changes to your operations, such as producing videos, leasing or purchasing a facility, or hiring employees, please call customer service for a revised premium. This payment notice is being sent thirty (30) days prior to the expiration of your current policy. Your policy has been automatically renewed and issued and is enclosed. If payment is not received by your policy expiration date, your renewal will be automatically canceled. Available payment options are below. Questions? Please call customer service 877-438-,7469 If payment has already been made, please disregard this notice. If you do not wish to renew your current coverage, please send an email to serviceQphly.com specifying the insured name and address, policy number, policy term, effective date of cancellation and reason for cancellation. If this is brokered business please contact your agent to cancel. Please note the following payment options for renewal of your insurance coverage: 1. You can renew via Visa or MasterCard on-line at www.fitnessandwellness.com or by contacting our customer service department at 877-438-7459. 2. You can renew via check made payable to Fitness and Wellness Insurance by mailing your payment notice and check to: Fitness and Wellness Insurance P.0, Box 70251 Philadelphia, PA 19176-0251 ✓+tote.: if you have a landlord, facility owner, or other patty to be listed as an additional insured, please attach a list including name and mailing address. All correspondence should be sent to: Philadelphia Insurance Companies Attention: Customer Service One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 C' Rease detach here A Ilk A If M, Fitness and Wellness Insurance If you are an IDEA member and your membership has lapsed, please go to www.ideafif.com to activate your membership prior to making payment. Membership #: Phone: Membership Expiration Date: Email: Name: Choc V Le Account #: 79022321' Expiring Policy #: PHPK661902-005 Expiration Date: 12/17/2016 Total Balance Due: $172.00 Philadelphia Indemnity InsuranceCompany 75ne Bala Plaza, Suite 109, Bala Cynwyd, Pennsylvania 19004 1-800-759-4951 Commercial Lines Policy THIS POLICY CONSISTS OF: DECLARATION'S COMMON POLICY CONDITIONS ONE OR MORE COVERAGE PARTS. A COVERAGE PART CONSISTS OF: ONE OR MORE COVERAGE FORMS APPLICABLE FORMS AND ENDORSEMENTS EJP-190-1 (12/98) IN WITNESS, WHEREOF, we have caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless signed by our authorized representative. President & CEO Secretary BJP-190-1 (12/98) Philadelphia Indemnity Insurance Company COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number: PH PK661902-006 ry See Supplemental Schedule LIMITS OF INSURANCE $3,000,000 $3,000,000 $1,000,000 $1,000,000 $100,000 $2,500 Agent #:6039 General Aggregate Limit (Other Than Products — Completed Operation) Products/Completed Operations Aggregate Limit (Any One Person Or Organization) Personal and Advertising Injury Limit Each Occurrence Limit Rented To You Limit Medical Expense Lirrift (Any One Person) FORM OF BUSINESS:,Individual Business Description: Fitness Trainer Location of All Premises You Own, Rent or Occupy: SEE SCHEDULE ATTACHED AUDIT PERIOD, ANNUAL, UNLESS OTHERWISE STATED: Rates Advance Premiums Premium Prod./ Prod./ Classifications Basis Prom./ops. Comp. Ops. Prom./Ops. Comp. Ops. SEE SCHEDULE ATTACHED TOTAL PREMIUM FOR THIS COVERAGE PART: $122.00 Included 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: FORM(S) AND ENDORSEMENT (S) APPLICABLE TO THIS COVERAGE, PART: Refer To Forms Schedule Countersignature Date Authorized Representative 149 Page 1 of 1 '901 JAI I IT, W ZT44 F-11 wei;A i 1A ZW1 w 4 0 1 r-AIMM"O. 1:1 oil] %4� Policy Number: PHPK661902-006 USM33M Rates Advance Premiums Premium Prod/Comp Prod/Comp Classifications & Code No. Basis Prem/Ops Ops Prem/Ops Ops 44311 - Certified Fitness Each I Included Included I $122.00 Included Instructor TOTAL PREMIUM FOR THIS COVERAGE PART: $122.0b Included Page 1 of 1 CPD-PlIC (01/07) Philadelphia Indemnity Insurance Company E2 One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004 COMMON POLICY DECLARATIONS Policy Number: PHPK661902-006 Named Insured and Mailing Address: Choc V Le 4 Fabriano Irvine, CA 92620-2576 Producer: 6039 Maguire Insurance Agency, Inc. 27101 Puerta Real Suite 200 Mission Viejo, CA 92691 - Policy Period From: 12/17/2016 To: 12/17/2017 at 12:01 AM. Standard Time at your mailing address shown above Business Description: Fitness Trainer Style/Art: Martial Arts 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. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM Commercial Property Coverage Part Commercial General Liability Coverage Part $122,00 Commercial Crime Coverage Part Commercial Inland Marine Coverage Part Commercial Auto Coverage Part Commercial Stop Gap Part Businessowners Workers Compensation Taxes/Fees/Surcharges $50.00 Total $172.00 FORM (S) AND ENDORSEMENT (S) MADE A PART OF THIS POLICY AT THE TIME OF ISSUE Refer To Forms Schedule *Omits applicable Forms and Endorsements if shown in specific Coverage Part/Coverage Form Declarations Countersignature Date Authorized Representative wN' GZ CJN Forms Schedule - Policy Policy Number: PHPK661902-006 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: Form/Edition Description CPD-PIIC (01/07) Common Policy Declarations - PHLY Indemnity Insurance Fees And Surcharge Schedule Fees and Surcharge Schedule Page 1 of 1 A y.lelrlhcr ol'thV `I'tdl io hlarim,e Group One Bala Plaza, Smite 1.00, Bata Cyn",yd, Pennsylvania 19004 610.617.7900 • Fax 610.617.7940 . PIILY.coin 11.118/2016 Choc V Le 4 Fabriano Irvine, CA 92620-2576 Re: Account 4: 79022.321 Policy #; PHPK661902-006 Dear Valued Customer: Thank you very much for choosing Philadelphia Insurance Companies (PHLY) for your insurance needs. Our first class customer service, national presence and A++ (Superior) A.M. Best financial strength rating have made us the selection by over 1.50,000 policyholders. nationwide. I realize ,you have a choice in insurance companies and truly appreciate your business. I wish you much success this year and look forward to building a mutually beneficial business partnership which will prosper for years to come. Welcome to PHLY and please visit f'1 I l �'p c,7 7i. to learn more about our Company! Sincerely, ea-��(3 Robert D. O'Leary Jr. President & CEO Philadelphia Insurance Companies Philadelphia Consolidated. H01ding. Carp. Philadelphia Indemnity Insurance Company . Tokio Marine Specialty Insurance Company • Maguire Insurance Agency, Inc. Forms Schedule — General Liability Policy Number: PHPK661902-006 Forms and Endorsements applying tmthis Coverage Part and made apart ofthis policy edtime Vfisxue� Commercial General Liability Coverage Part Declarations Commercial GL Supplemental Schedule P|-APG-004 (0107) PI`APB-CA-1 (01/07) PI-BELL-1 11-09 gmmz� WE Description Commercial General Liability Coverage Form GL Coverage Part Declarations Page Commercial G,LCoverage Supplemental Schedule Additional Conditions California Chmnges-Canoe;,Nonrenewal and Cond. Renewal Bell Endorsement Crisis Management Enhancement Endorsement CovenageC-Ath|etioActhvitiesBxclusionDe|etion Fitness and Wellness Liability Insurance Exclusions Fitness and W*|XmeasLiability |nsunsnueExtension Punitive Damages Exclusion Sexual Abuse Endorsement Specific Claimant Exclusion Violation of Communication or Information Lam Exclusion Blanket Additional Insured Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG8UO10413 COMMERCIAL GENERAL LIABILITY UTY COVERAGE FORM Various provisions in this policy naathot coverage. Read the entire policy carefully to determine rights, duties and what isand isnot covered. Throughout this policy the words 'ynu^' and ' refer tothe Named Insured shown in the Deo|enstione, and any other person or organization qualifying as a Named Insured under this policy. The words '\mm~. ~mm" and ''uur' refer to the company providing this insurance. The word ~insured''means any person ororganization qualifying as such under Section || — Who Is An Insured. Other vvomdo and phrases that appear in quotation marks have special meaning. Refer to Section \/ —Definitions. SECTION | — COVERAGES COVERAGE A—BODULY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured: becomes legally obligated to pay msdamages 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 disomation, investigate any "occurrence" and settle any claim or''suit'that may result. But (1) The amount we will pay for damages is Kimihed as described in Section N — 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 cfjudgments or settlements under Coverages w 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 Paymento—Covenages A and B. b. This insurance applies to "bodily injury" and "property damage" om|yif: (1) The "bodily injury" or "property damage' is caused byan'ocomrnanne`that takes place in the "coverage territory"; (2) The "bodily or "property occurs during the policy period; and (3) Prior h policy under Paragraph 1. of Section 11 — 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 l'isted 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. o. "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 11 — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any nontinuetion, change or resumption of that ''bodily injury"or "property damage" after the end of the policy period. d. injury" damage" deemed tohave been known to have occurred at the earliest time when any kmsanad listed under Paragraph 1. of Section [| —VVho Is An Insured orany "mmp|myee"authorized byyou tm give or receive notice of an "occurrence" or claim: (1) Reports all, orany part`ofthe ^'bodi{yi�ur/` or "property damage" to us or any other onumnm�� ' (2) Receives a written or verbal demand or claim for damages because of the "bodily irjury'or"property damage';mr (3) Becomes aware by any other means that "bodily injmryp or "property dammge/' has occurred orhas begun tooccur. e. Damages because of "bodily injury` include damages claimed by any person or organization for mare. |omo of services or death resulting at any time from the "bodily injury". CG0001 0413 0Insurance Services Office, Inc., 2012 I *tN Page I of 16 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodilyinjury" 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" 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 ofthe contract oragreement; or (2) Assumed in a contract or agreementthat is an "insured contnaot', provided the "bodily injury" or "property damage" uooura subsequent to the execution of the contract or agreement. Solely for the 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 damege^.provided: (s) Liability to such party for, or for the cost of, that partys defense has a�ao been assumed inthe same "insured uontnac±"� . and (b) Such fees and litigation expenses are for defense ofthat party against a civil or alternative dispute, resolution proceeding |mwhich damages to which this insurance applies are alleged. o. Liquor Liability "Bodily injury" or "property damage" for which any insured may beheld liable byreason of: (1) Causing or contributing to the intoxication of anyperaon� (2) The furnishing a person under the legal drinking age or under the influence of alcohol-, or (3) Any statute, ordinance or regulation rebating to the sele, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence orother wrongdoing in: (a) The supervision, hihng, employmemt, 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. Howaver, this exclusion applies only if you are in the business ofmanufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes cfthis exclusion, permitting a person to bring alcoholic beverages onyour premises, for consumption on your pnemiaea, whether or not a fee is charged or m license is required for such aot|v|ty, ienot byitself considered the business of se||ing, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under aworkers' cnmpensmdmm, 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: (m) Employment bythe insured; or (b) Performing duties related tothe conduct ofthe inomnad'nbusiness; or (2) The spouse, child parent,bmtho or sister of that "employee" as amonsequenoe of Paragraph (1)above. This exclusion epp,|ies whether the insured maybe liable as an employer orim any other capacity and to any obligation to share damages with or repay someone else who must pay damages because ofthe injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". - Page 2of16 CInsurance Services Office. Inc., 2012 CG 00U1 04 13 t Pollution (d) At or from any premises,site orlocation on which any |nsure�nr�ny contractors(1) "Bodily injury" or"prm "property damage" arising out of the ' alleged or subcontractors working directly or �������threatened indirectly on any inmured'm behalf are discharge, dispersal, ` mnkJ��ion. ' seepage, performing nadVno if the "pollutants"na|eaoeoroncap�of°poUu�n�''� are brought on or to the premises, site Adorfrom any pnamisem, site or location or locabon in connection with such which is or was at any time owned or operations by such inaured, nomtnao1mr occupied by, or rented or loaned to, any or subcontractor. Hmmever, this insured. However, this subparagraph subparagraph does not apply to: does not apply to� (i) "'Bodily injury^ or ''property damage" (|) "Bodily injury" if sustained within e arising out of the escape of fuels, building and caused by smoke, lubricants or other operating fluids fumeo, vapor orsoot produced by or which are needed to perform the originating from equipment that is normal electrical, hydraulic or ,used to heed, cool ordehumidify 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 parta, if such fuels, lubricants building's occupants or their guests; or other operating fluids escape from (i|) "Bodily injury" or "property damage" avehicle part designed tn ho|d, store for which you may be held |imb|e, 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 pramiaea, site or "property damage' mhoeo out of the Vuuaiion has been added to your intentional discharge, dispersal or pmUioy as an additional insured with release of the fuofm. lubricants or respect to your ongoingoperations other operating f|uida, or if such performed for that additional insured hue|e. lubricants or other operating at that pnemiaem, site or location and fluids are brought on or to the such ppemiees, site or location is not premises, site or location with the and never was owned or occupied intent that they be dinnherged, by, or rented or loaned to, any dispersed or released as port of the innured, other than that additional operations being performed by such insured; or insured, contractor mrsubcontractor; (U|) "Bodily injury"' or"property damage" (Q) "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 geoem, fumes or vapors from materials(b) /0orfrom any premisessite or ' brought into t�sd building in which is or was at any time used by or for any insured or others for the connection with operations being handling, storage, disposal, prnno»ninQ performed by you or on your behalf ortms�montofwa�e-bymcontractor ormuboomtnaotn�nr " (iii) "Bodily in]ory' or "property damage" (o) Which are or were a� any time transported,handled, stored, treated, arising out ofheat, smoke or fumes ^ ' ' disposed of, orprocessed as waste �omo^hosb|efire''* by , or for: (e) A±qrfrom any premises, site or location (|) Any insured; on which any insured orany contractors or ' or subcontractors working directly or (i|) Any person or organization for whom hmdineot|y on any inouned'a behalf are you may belegally responsible; or performing operations if the operations are to test for, monitor, clean up, memove, contain' treat, detoxify or neutralize, or in any d Y assess the effects of, ' ey CQ00 010413 (DInsurance Services Office, |no..2O12Page 3mf1G (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 neutrafize, or in any way respond to, or assess the effects of, "polluta nits"; 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". Howover, this paragraph does not apply Un UebiAdy for damages because of "property that the ineurmd 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 injry" or "propertydamage" arising 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 aflegenegH other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that inmonmd. if the "occurrence" which caused the "bodily injury"' or "property damage" involved the omnerahip, maintenance, use o/ entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented mrloaned boany insured. This exclusion dmnn not apply to: (1) Awatercraft while mnhnna on premises you own mrremt- (2) Awatercraft you do not own that i& (a) Less than 2Bfeet |ung�and (b) Not being used to carry pmmmmn or property for aoharge� (3) Perking an "'auto"' on, or on the ways next to, premises you own or rent, provided the "au#z^ is not owned byorrented or loaned toyou urthe hmoured� (4) Liability assumed under any "insured contract" for the ownership, maintenance or use ufaircraft orwatercraft; or (6) "Bodily injury' or "'property damage"' arising out of: (m) The operation of machinery or equipment that is attached to, or part of, a [and vehicle that would qualify under the definition of "mobile equipmmnt' if it were not subject to o compulsory or financial responsibility law or other motor vehicle insurance |mm where it is licensed urprincipally 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 mquipment' h. Mobile Equipment "Bodily injury" or "property damage" arising out (1) The transportation of "mobile equipment" by an'auto'owned oroperated byorrented 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, orstunting activity. L War "Bodily injury" damage", r naused, arisimg, directly or indirectly, out of-. (1) War, including undeclared orcivil war; (2) Warlike action by e military foroe, including ooiiom in hindering or defending against an actual or expected attack' by any 0mvennmenL, sovereign or other authority using military personnel orother agents; nr (3) lnsmrreotium, nabeUiom, revu|utimn, usurped pmwer, or action taken by governmental authority in hindering or defending against any ofthese. j. Damage ToProperty "Property damage" to: (1) Property you own, rent, oroccupy, 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 proparty� (2) Premises you maU give away or abandon,if the "property damage" arises out of any part of those premises; (3) Property loaned to y0,1 Page 4of1G @ Insurance Services Office, |no,3O12 (4) Personal property in the cana, custody or control ofthe insured; (5) That parOou|ar part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing openations, if the "property damage" arises out of those operations; or (G) That particular pod of any property that must be reotoned, repaired or nepVaoed because ''your work" was incorrectly performed unit. Paragraphs 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 OfInsurance. Paragraph (2) of this | i does not apply if the premisesane and were never oocup|ed, rented' or held for nsnbs| by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under asidetrack agreement. Paragraph (6) of this exclusion dmoo not apply to "property damage" included in the "products - completed operations hazard". k. Damage To Your Product ~P to "your product" arising out of it or any part of it. 1. 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 TmImpaired Property OrProperty Not Physically Injured "Property dammge" 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 (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 tothe loss cfuse of other arising out of sodden and mooidemte| physical injury to "your product" or ,.your work" after hhas been put tmits intended use. n. Recall Of Products, Work C)rImpaired Property Damages claimed for any |pam, cost or expense incurred by you or others for the loss of use, m/itNdrawo|, m*ceU^ inapeotion, r*peir, replacement, adjustment, removal or disposal ot (f) ^Ymurpnzduct^ (2) "Your wmdk';ur (3) "'Impaired property"; if such product, work, or property is withdrawn orrecalled from the market orfrom use by any person, or organization because of known or suspected defect, deficiency, inadequacy or dangerous condition init. o. Personal And Advertising Injury "Bodily hnju out of "personal and advertising injury". p. Electronic Data Damages ansing 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 injuryp. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, ortransmitted 1nor from computer software, including systems and applications software, hard or floppy disks, CD- ROMs, tmp*a, drivem, oe||n, 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 ariainQ directly or indireo±Iy out of any action or omission that violates orimalleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition tosuch |aw� ' (2) The CAN-SPAN1Act mf2O03. including any amendment oforaddition tosuch law (3) The Fair Credit Reporting Act (FCRA), and any amendment of or ;p�n to such ia , including the Fair Accurate dit Transactions Act TAO @ Insurance Services Office, Inc., 2012 oO nyl-� � - e 5 of 16 WQ Any fedena|, state or local atebuba, ordinance or regulation, other than the TCPA, CAM-SP4M Act of 2003 or FCRA and their amendments and additionm, that mddneomea, prohibits, or limits the printing, diseemimation, disposal, molleodng, recording,sending, transmitting, communicating or distribution of material or Exclusions o.through n.do not apply todamage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. p.separate limit orinsurance applies tothis coverage as described in Section U| — Limits Of Insurance. COVERAGEB—PERSONALAND ADVERTISING INJURY LIABILITY 1- Insuring Agreement m. We will pay those sums that the insured bgonnnen legally obligated to pay aydamages because of "personal and advertising injry' 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 UU—Linnba Of Insurance; and (1) Our right and duty to defend end when we have used up the applicable fimnit 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 monvioea is covered unless explicitly provided for under Supplementary Poynnente—CovemageeAandB. b. This insurance applies to "personal and advertising injury" caused by an offense arising out utyour business but only ifthe 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 andadvertinjury" causedbym at the dim*odom of the insured with the knowledge that the act vvmu|d violate the rights of another and would inflict "personal and odvertisinginjury'^ b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of mna1 or written pmb|ioatiom, in any manner, of nnabeha|, if dome by or at the direction of the insured with knowledge ofits falsity. o. K0eteMe| Published Prior To Policy Period "Personal and advertising injury~arising out of omx| or written publication, in any mamner, of material vvhono first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of e criminal act committed by oradthe direction cfthe insured. e. Contractual Liability "Personal and advertising i 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. t Breach OfContract "Personal and advertising inj�wry"mdmiug out of u breach of contract, except an implied contract to use aoother's advertising idea in your "advertisement". g. Quality OrPerfonnmnmeOfGumds—FeUure ToConform ToStatements ^Penoome| and advertising injury" arising out of the failure of Qoode, products or services to oumfonn with any statement of quality or performance made inyour ^advertisement' h. Wrong Description OfPrices "Personal and advertising injury'`arising out of the wrong description of the price of goods, products or memioaa stated in your advertisement". ' Page mfi6 @|nuunmnue Services Office. Inc., 2012 CG 00 01 0413 L Infringement Of Copyright, Patent Trademark Or Trade Secret ~Pereona|and advertising injury" of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this mxo|uaion, such other intellectual property rights do not include the use of another'u advertising idea in your "advertisement". However, this exdmakzm does not apply to infringonlemt, in your "advertieemenf', of copyright, trade dress or slogan. ]. |nammads In Media And Internet Type Businesses "'Personal and advertising injury" committed by aninsured whose business is: (1) Advertiming, broedceating, publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An |nhennsd searoh, aooeas, content or service provider. Hovvever, this exclusion does not apply to Paragraphs 14.e, b. and c. of "personal and advertising imin0 iur/' under the Definitions section. For the purposes of this exclusion, the placing of frames, borders or |inka, or advertising, for you or others anywhere on the |mtmmet, is not by itself, considered the business of advertiaing, bnoadcam%imQ, publishing or telecasting. h. Electronic Chmtrnnmms Or Bulletin Boards "Personal and advertising iarising out of an electronic chatroom or bulletin board the insured hosts, mxns, orover which the insured exercises control, i Unauthorized Use OfAnother'eName Or Product "Personal and advertising injury" arising out of the unauthorized use of mnntho/s name or product inyour e'maikaddress, domain name or metatag' or any other similar tactics to mislead another'mpotential customers. rn. Pollution "Personal and advertising injuryrarising out of the aumai` alleged or threatened dinoharge, diopersel, meepage, migratimn, release or escape of~po||utanto^atany time. n. Pollution -related Any loss, cost or expense arising out of any (1) Requey, demand, order or statutory or regulatory requirement that any insured or others test for, nnonitor, clean up, remove, oomtain, tnaat, detoxify or neutns|ize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of m governmental authority for damages because oftesting for, monitoring, cleaning up, removing, containing, tnyatimy. detoxifying or neutralizing,or in any way responding to, or assessing the effects of, "poUutente^ n. nwmr "Personal and advertising inj. however caused, mhnin0, directly cnindirectly, out of: (1) VVor, including undeclared mrcivil war; (2) Warlike action by a military haroe, including action in hindering or defending against an actual or expected atbsck, by any government, sovereign or other authority using military personnel wrother agents; mr (3) Insurrection, rebe[[[nn, revolution, usurped powa, or action taken by governmental authority hindering or defending against any ofthese. p. Recording And Distribution Of Material Or Information In Violation Of Law "Poramma| 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 tosuch law; (2) The CAN-SP4PN Act of2OD3. including any amendment nforaddition tosuch |mw� (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such |aw, including the Fair and Accurate Credit Transactions Act (FACTA); or (4) Any federal,state or local statute ordinance or regu|sdion, other than the 7CPA. CAN-OPAM Act of2OU3 or FCFA and their amendments and additions, that addresses, prohibits, or Urnita the printing' dissemination. disposal, collecting, recording, sending, transmitting, communicating oromnnounng'm material or CG 00 01 0,4 13 (D Insurance Services Office, Inc., 2012 ell Page 7 of 16 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused byanaccident: (1) Qnpremises you own orment� (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 terhtorypand 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 exemimotion, at our expense, by physicians ofour choice as often as we reasonably require. b. We will make these payments regardless of fault. Theme payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of on (2) Necessary medical, surgical, X-ray and dental eemioea, including prosthetic devices; and (3) Necessary embu|ance, hospital, professional nursing and funeral services. 2. Exclusions VVewill not pay expenses for "bodily injury~ a. Any Insured Toany insured, except "volunteer vvodkens" b. Hired Person To a person hired to dowork for or on behalf of any insured or a tenant ofany insured. c. Injury (]mNormally Occupied Premises To a person injured on that part of premises you own or rent that the person monna||y occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any inmunad, if benefits for the "bodily injury' are payable or must be provided under o mmd«era' compensation or disability benefits law orasimilar law. e^ Athletics Activities To a person injured while pnaotioing, instructing or participating in any physical exercises or gamneo, sports, orathletic contests. [ Prod unha-Comp|etedOperations Hazard Included within the "products -completed operations hazard". g. Coverage AExclusions Excluded under Coverage A. SUPPLEMENTARY PAYN\ENTS—C/JVERAGES A AND 1. We will pay, with respect to any claim we investigate or eett|e, or any "suit" eQaima1 an insured v*edefend: a. All expenses weincur 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 donot have tmfurnish these bonds. c. The cost ofbonds to release attmchroenta, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All neammmallo expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "smit', including actual loss of earnings up to $250 a day because oftime off from work. e. All court costs taxed against the insured in the ^omit^ However, these payments donot include attorneys' fees or attorneys' expenses taxed against the insured. f. Prejudgment interest awarded against the insured onthat part ofthe judgment xve pay. If vvemake an: offer tnpay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the Page 8of16 0|nsumance Services Office, |nc,2O12 CG 08010413 g. All interest onthe full amount ofany 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 on insured against a "suit" and an incl*mnitee ofthe insured is also named as a party to the 'suit', we will defend that indemmitee if all of the following conditions are met: a. The "suit' against the indemni,tee seeks damages for which the insured has assumed the |iobDty of the indemnitee in e contract or agreement that is an "insured contract"; h. This insurance applies to such liability assumed bythe insured; o. The obligation to defemd, or the cost of the defense of, that indwmnitee, has also been assumed by the insured inthe same "insured contract"; d. The allegations inthe ^sub^and the information we know about the "ocounenoe"' are such that no conflict appears to exist between the interests of the insured and the interests of the indomnitee,- e. The indennmitee and the insured ask us to conduct and control the defense of that imdenmnitee against such "suit" and agree that we can assign the same counsel todefend the insured and the imdemnnitee; and f. Theindemnitee: (1) Agrees in writing to: (m) Cooperate with um in the investigation, settlement urdefense ofthe 'suh.� ' (b) Immediately send us copies of any oemenoe, notices, summonses or legal papers received in connection with the ^'amif'; (o) Notify any other �msooywhose coverage is available hmthe imdemmitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available tothe indemnitee; and (2) Provides umwith written authorization to: (m) Obtain records and other information related tmthe ^'ouit"; and (b) Conduct and control the defense of the indemnitee in such "suit", 8o 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 inoured'n indemnitem 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 obmve, or the terms of the agreement described in Panegrephf. above, are molonger met. SECTION N—VVH[J|SAN INSURED 1. |fyou are designated inthe Declarations as: a. An individual, you and your spouse are insunads, but only with respect tothe conduct ofabusiness ofwhich you are the eoUeowner. b. A partnership or joint venture, you: are an insured. Your ber and their spouses are also inaunadm, but only with respect tothe conduct ofyour business. c. /\limited |iabifilycompeny. you are an insured. Your members are also insmneds, but only with respect tothe conduct mfyour business. Your managers are insureds, but only with respect tmtheir duties aoyour managers. dL An organization other than a pertmerahip, joint venture or limited liability company, you are an insured. Your "executive offivars" and directors are insureds, but only with respect to their dmd*m as your officers or directors. Your stockholders are also inounade, but only with respect totheir Wabi|ity as stockholders. e. A trust, you are an insured. Your trustees are also imaunedo, but only with respect to their duties untrustees. CG000d0413 8DInsurance Services Office, |no,2Q12 Page 9of$$ 2. Each cfthe following isalso mninsured: e. Your "'volunteer workers"' only while performing duties related to the conduct ofyour business, or your °employees"', other than either your "executive officers" (if you are an organization other than a partnership, joint venture orlimited liability company) oryour managers (if you are m limited [|aU|||ty ), 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 membersif you are a partnership or joint venture), to your members (if you are a limited liability company), to a co2employee" while in the course of his or her employment or performing duties related to the conduct of your bmoinesm, or to workers"your other "volunteer ��rk�mavvhi|e performing duties related tothe conduct mfyour business; (b) Tothe spouse, oh[|d, pmremt, brother or mister of that co -"employee" or "volunteer worker" as consequence of Paragraph (1)(a)above; (c) For which there is any, obligation to share damages with or repay une else who must pay damages because of the injury deaohbed in Paragraph (1)(a) or mbove� or (d) Arising out of his or her providing or failing to provide professional health care services. (2) "Property damage" toproperty: (a) Owned, occupied or used by; (b) Rented to, in the care, custody or control of, or over which physical control imbeing exercised for any purpose by; you, any of your "employees", "volunteer wo/kerm", any partner or member (if you are e partnership or joint venture), or any member (if you are a limited liability company), b. Any person (other than your "employee" or "volunteer wmrker'), or any organization while acting as your real estate manager. c. Any person organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance oruse ofthat property; and (2) UmU| 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 partmerahip, joint venture or limited liability company, and over which you maintain ownership or majority inbeveut, will qualify as a Named Insured if then* in no other similar insurance available brthat organization. However: m. Coverage underthis provision isafforded only until the 80th day afteryou acquire orform the organization or the end of the policy period. whichever ioeer|ier� . b. Coverage Adoes not apply to"bodily i or "property damage" that omoorn*d before you eoqu|nad or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. No person ororganization is an insured with respect tothe conduct ofany current orpast partnership, Joint venture or [imbed liability company that is not shown asoNamed Insured inthe Declarations. SECT|ON |Q—L|K8|TS OF INSURANCE 1. The Limits ofInsurance ehovvm imthe Declarations and the rules below fix the most we will pay regardless ofthe number of: a. Insureds; b, Claims made or "suits" brought; or uz Persons or organizations making claims or bhnging'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 "prod ucts-comp leted operations hazard"; and 'ot c. Damages under Covera Page 1Qmf1G CInsurance Services Office, |nc,2O12 CG 00n1 0413 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 "prod ucts-corn p leted operations hazard". 4. Subject to Paragraph 2above, the Personal Ad 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. eboms, whichever applies, the Each Occurrence Limit iathe 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 ofany one 'bocurmence" 6. Subject to Paragraph S. above, the Damage To Premises Rented To You Limb is the most we will pay under Coverage A for damages because of ..property damage"' to any one pmamises, while rented to you, or in the case of damage fime, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph � above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained byany one person. The Limits of Insurance of this Coverage Part appiy separately to each consecutive annual period and to any remaining period of |eam than 12 montha, starting with the beginning of the policy period shown in the Oeo8erothono, unless the policy period is extended after issuance for an additional period ofless than 12 months. In that uame, the additional period will be deemed part ofthe last preceding period for purposes ofdetermining the Limits ufInsurance. SECTION |V—COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insumad'a estate will not relieve us of our obligations under this Coverage Part. Z Duties |nThe Event OfOccurrence, Offense, Claim Or Suit o. You must see toitthat vveare notified as soon aspracticable mfun"mnoumenco"'uranoffense which may result in m claim. To the extent possible, notice should include: (i) Hom, when and where the ''000urnence^ or offense took place; (%) The names and oddnawuee of any injured persons and vvitmeenes-, and (3) The mmtuns and location of any injury o, 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 moassoon ompracticable. 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 us copies of any oemunoa, m0000m, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist ua, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because ofinjury mrdamage to which this insurance may also apply. d. No insured will, except at that innurmd'm own omet, voluntarily make payment, assume any ob|igation, 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.Tojoin us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. Tosue uaonthis Coverage Part unless all of its terms have been fully complied with. Aperson ororganization may sue ustorecover 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 ofinsurance. /\magreed settlement means a settlement and release of liability signed by on^ the insured and the claimant or the claimant's legal representative. CG 00 01 04 13 @ Insurance Services Office, Inc., 2012 4. Other Insurance (3) When this insurance is excess over other If other vaK�d and collectible insurance is available insurance, �omiU | uhaneofd�e ' ° p�� "''' ""' to the insured ��r a |o�a we cover under amount of the |ome if any, that exceeds the ' ' Coverages A or B of this Coverage Part, our sum 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. |fthis insurance ia (b)The total of all deductible and self - primary, our obligations are not ���affectedum|eee insured amounts under all that other ' any of the other insurance is also primary. innunomom Them, we will share with, all that other (4) We will share the remaining |oso, 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 Pert. primary, excees, contingent or on any n. Method C}fSharing other basis: |fall ofthe other insurance permits contribution (|) That is Fire, Extended Covena0e, by equal sharee, we will follow this method Buipder'm Risk, Installation Risk or also. Under this approach each insurer similar coverage for "your mmrk^; contributes equal amounts until ithas paid its U) That is Fine insurance for premises applicable limit of insurance or none of the |mme nanNsd 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 byequal shares, vxewill contribute (iii) That ioinsurance purchased by you by fimita. 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 Kimitmfinsurance tothe 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 (k/) If the |oou arises out of the Coverage part in accordance with our m|ea maintenance or use of aircraft, and rates. "autos''orwatercraft tothe extent not subject to ��o|msiom Q^ of Section | — b . Premium shown in this Coverage Part as Coverage A — Bodily Injury And advance premium is a deposit premium only. pmpe�y�emmg�Liabi|hY� 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 |nsumed you covering liability for damages The due date for audit and retrospective eris�ng out of the premises or premiums is the date shown as the due date opamtiomm, or the products and unthe bill. |fthe sum ofthe advance and audit completed operatimna, for which you premiums paid for the policy period is greater have been added as an additional than the eormed premium,we xx[iU return the insured. excess hothe first Named Insured. (2) When this insurance is wxueae, we will have c, The first Named Insured must keep records of no duty under Coverages Aor Btodefend the information we need for premium the insured against any "suit" if any other oomputmdon, and send um copies at such times insurer has a duty to defend the insured owwemay request. against that "'suit". If no other insurer Guketodosm,but�e Representations defends, vvewill undert ' will be entitled to the inmumyd^o rights Byaccepting this policy, you agre against all those other insurers. a. The statements accurate and | Page 12 of1$ @|nounmnoe Sen/imae Office, Inc., 2012 G 00 01 0413 ' �r b. Those abebamento are based upon representations you made tous-, and o. We have issued this Pn|ioy in reliance upon 3. your representations. 7. Separation Of Insureds Except with respect to the Limits ofInsurance, and any rights or duties apeufically assigned this Coverage Part to the first Named |maured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b.Separately to each insured against whom claim ksmade or'sud.isbrought. 8. Transfer OfRights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment wehave 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 mo and help us enforce 9. When We Do Not Renew Ifmmdecide not to renew this Part, we will mail or deliver to the first Named |numnyd shown in the Declarations written notice of the nomrenewm| not |emm than 30 days before the expiration date. If notice is mmNod, proof cfmailing 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 Qmods, products or services for the purpose of attracting customers or supporters. For the purposes ofthis definition: a. Notices that are published include material placed on the Internet or on similar electronic means ofcommunication; and b. Regarding web miten, only that part of a web site that is about your goods, products or oemimao 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 noads, including any attached machinery orequipment; or b. Any other land vehicle that is subject to a onmnpm8aury or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 4. However, "auto~ does not include "mobile equipment". "Bodily injury" means bodily imjory, sickness or disease sustained by e person, including death resulting from any ofthese atany time. "Coverage territory" means: e. 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 inParagraph a.above; or c. All other of the world if the injury or damage arises out of: (1) Goods orproducts made or sold by you in the territory described in Paragraph a. moove- ' (2) The activities ofa person whose home isim the territory described in Paragraph o. above, but imaway for o short time onyour bma[nae&, or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means nfcommunication; provided the insured's responsibility to pay damages imdetermined ima"muit'mmthe merits, im the territory described in Paragraph a. above or in a settlement weagree to. 6. "Emphoyee" imo|mdem e "leased worker". "Employee" does not include a "temporary 6. "'Executive officer" means 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 bwmeko out from vvhena it was intended to be. 8."Impaired other than "your product" or "your work", that cannot be used or is less useful because: e. It incorporates "your product" or "your work" that is known or thought to be defeotive, deficient, inadequate mrdangerous; or b. You have failed to fulfill the t*nna of contract or agreement; if such property can be nemhnm*d to use by the repair` replacement adjustment or removal of^'yourproduct" or "your work" orrYr fulfilling the terms of the contract or agreei i CInsurance Services Office, |nc,2D12 .��- ��^. 0�Page 13mf16 g. ~Unsuredcontract" means: a. A contract for a lease of premises. However, that porbon of the contract for m lease of pnamimom 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. Asidetrack agreement c. Any easement cmlicense i connection with construction or demolition operations omorwithin 5Ufeet oforailroad; d. An obligation, an required by ordinmnoe, to indemnify mmunicipality, except in connection with work for a municipality; a. Anelevator maintenance agreement f. That pad of any other contract oragreement pertaining to your business (including on indemnification of a municipality in connection with work performed for municipality) under which you assume the tort liability of another party to pay for "bodily imjor/' or "property damage" to aMhird person nrorganization. Tort liability means oliability that would beimposed by law in the absence of any contract or agreement, Paragraph f. does not include that part of any contract oragreement: (1) That indemnifieaarailroad for "bodily inju0y or "property dumeQe�' 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 (2) That indemnifies enarchitect, engineer surveyor for injury mrdamage arising out of (a) Pmapahng, appnovimg, or failing to prepare or eppnove, maps, shop dnmwinQe, mpinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructiona, or failing to give them, if that is the primary cause ofthe injury ordamage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the inuured's rendering or failure to vender professional services,including those listed in (2) above and supervisory, inspeotion, architectural mrengineering activities. Page 14 of 16 10."Leeoedworkar' means aperson leased hoyou by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related tothe conduct mfyour business. "Leased worker" does not imc�udeo"temporary woMker" 11.''Loadimg or unloading" nmemmm the handling of property: o. After it in moved from the place where it is accepted for movement into oronto an aircraft, watercraft or"muto°; b. VVhiie it is in or on an ainonaft, watercraft or °aoto";or u. VVh[bm it is being moved from an aircraft, watercraft or ^auto^' to the place vvhens it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical dewice, other than o hand tnuok, that is not attached tothe aircraft, watercraft or^aubo^ 12."Mnbi|w eipment" means any of the following types of land vehicles, including any attached machinery orequipment: a. BuNdozers, 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 orrent; c. Vehicles that travel onoraMertreads; d. Vehin|es, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted-, (1) Power cranes, shovels, |oadere, diggers or drills; or (2) Road construction orresurfacing equipment such aagraders, scrapers orrollers; e. Vehicles not described in Paragraph 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 genenatora, including spraying,welding, bui|d�mg cleaning, geophysical exploration, lighting and well servicing, equipment, or (2) Cherry pickers and similar devices used to t Vehicles not described in Paragraph a., b ord�. above maintained primarily for purposes other than the transportation of persons or cargo. ~�S' 0|msumamoe Services Office, Inc., 2012 ~w�' ��001 0413 .� However, self-propelled with the following types of permanently attached equipment are not "mobile equipment' but will be considered "autos": (1) Equipment designed primarily for (m) Snow removal; (b) Road maintenance, but not construction orresurfacing; cn (c) Street cleaning; (2) Cherry and similar devices mounted on automobile or truck chassis and used to raise orlower workers; and (3) Air uomp/mumom, pumps, and genemabora, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any |umd vehicles that are subject to compulsory or financial responsibility Uavv or other motor vehicle insurance [ovx vvhnm* it is |iommeed or principally garaged, Land vehicles subject to o compulsory or financial responsibility havv or other motor m*hio|o insurance |ovv are considered "autos". 13.^Ooournenoe^ means an aooident, including continuous or repeated exposure to substantially the same general harmful conditions. U."Perooma| and advertising injury" means injury, including consequential "bodily i r/'. arising out ofone ormore ofthe following offenses: m. Fo|seammnt, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction fromwrongful 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 pub|ioaUom, in any manner, of mmhehu| that slanders or |iba|a m person or organization or disparages a pemon,a or nrgmnizsdion"ogoods, products oreon/ices� e. Ome| or written pub|icatiun, in any mamner, of material that violates m peneon'o right of privacy; f. The use ofannther's advertising idea in your "admartisement^;or Q. Infringing upon amother'scopyright, trade dress orslogan inyour °adwertimemem[ 15.°PoUutenta" mean any solid, liquid, thermal irritant or oonbaminant, including oke, vapur, soot, fumes, auids, u|kdis, chemicals and waste. Waste inciudew mohahab to be recycled, reconditioned or reclaimed. 1GL"Prod wcte'onmpIehedoperations hazard^: a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or 11 your work" except: (1) Products that are ah1U 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 atmore than one job site. (c) When that part ofthe work done odajob site has been put to its intended use by any person or organization other than another contractor or subcontractor working onthe same project. Work that may need ammioe, maintenance, oorneotiun, repair or mep|acement, but which is otherwise comp|ede, will be treated as completed. h. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, wn|eam the injury ordamage arises out ofmcondition im 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, uninstaUed equipment or abandoned or unused materials-, or CO Products or operations for which the uUaseifiootion. listed in the Declarations or in a policy Schedule, that products - completed operations are subject to the General Aggregate Limit. 17. "Property damage" means: a. Physical injury hotangible property, including all resulting loss of use of that property. All! such |omg of use shall bedeemed tooccur mt the time ofthe physical injury that caused itor lb. Loss of use of tangible property that is not physically injured. All such |oaa ofuse shall be deemed to occur at the time of the "oocurnanoe/'that caused it. ~��^ For the purposes of this is not tangible property. c CG 0001 04 13 @ Insurance Services Office, Inc., 2012 � ge 16of16 As used in this definhiom, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer softwere, including systems and applications eoftwena, hard or floppy disks. CD- R{][Nm, tapeu, dhvem, maNa, data processing devices or any other media which are used with electronically controlled equipment. 18.^@miY^ means e 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 erbitnatmn 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 towhich the insured submits with our consent. 19."Temporary worker' means e person who is furnished to you to substitute for o permanent "employee" on leave or to meet seasonal or short- term workload conditions. 20.'Vo|mnteer worke/^ means e person who is not your "employee".and who donates his orher work and acts at the direction of and within the scope of duties determined by you, and is not paid a6ee. salary or other compensation by you or anyone else for their work performed for you. 21."Yourpnodoct°: o. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed ufby.- h$ 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 vehicKea), moaberia|u, parts or equipment furnished in connection with such goods mrproducts. b. lncludes� (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 mrinstructions. c. Does not include property rented to others but not sold. 22."Your mmdk': a. Means: vending machines or other or located for the use of (1) Work or operations performed by you or on your behalf-, and (2) K8mteriabs, parts or equipment furnished in connection with such work mroperations. lb. Includes-. (1) VVanamdem or representations made at any time with respect to the fitneom, quality, dunebi|ity, performance or use of "your work"; and (2) The providing of o/ failure to provide warnings orinstructions. Page 16of16 8DInsurance Services Office, |no`2O12 CG80D10413 P|-F\N-008(06/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY Blanket Additional Insured Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTK]WU—VVHOkSAN|NSUREDisamendedtoindudethefollowing aeanadditional insured, but only with respect to liability arising out of your operations, and in accordance with a required Certificate of Insurance: 1. Managers, Owners or Lessors of the Premises Leased, Rented, or Loaned to You, but only with respect bothat part ofthe premises leased, rented orloaned toyou subject tuthe fo�Uowingadditional This insurance does not apply to: a. Any ^occumenme"which takes place after you cease tobeatenant imthat premises� b Structural alterations, new construction or demolition operations performed by or on behallf of the manager, owner or lessor of the premises; c. Any des�Bndefect orstructural maintenance ofthe premises urloss caused byapremises defect, 2. Lessor of Leased Equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in wh�e or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s) subject to the following addiiUonal! This insurance does not apply to: Any "occurrence" which takes place after the equipment lease expires. 3. Sponsors, but only with respect to their liability as aeponsor to you. 4. Co-Pnmnmoterm.but only with respect totheir liability eaauu—promoter toyou 5. Subcontractors G. Grantor of Franchise, but only with respect to their liabifity as grantor of franchise to you. With respect to any additional insured covered under this policy, this insurance does not apply to the sole negligence mfsuch additional insured. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement on this certificate does not confer rights to the certificate holder in lieu of such enclorsernent(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. el ACORD 25 (2009/01)