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HomeMy WebLinkAboutPW13-130 - Original - Noel, Inc. - Flood Control, Emergency Flood Fight & Ecosystem Restoration Projects - 05/31/2013 Records Management ; KENT IDocument W ASHEN OTON i" =1S x CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Noel Inc. Vendor Number: JD Edwards Number Contract Number: 5- 13n This is assigned by City Clerk's Office Project Name: Flood Control, Emergency Flood Fight, & Ecosystem Restoration Projects Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: 5-- 31- 13 Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Toby Hallock Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Provide_engineerin and environmental services for the projects. 5 Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT W.SMI N.T.I CONSULTANT SERVICES AGREEMENT between the City of Kent and Noel Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Noel Inc. organized under the laws of the State of Washington, located and doing business at 7359 23Id Ave. NW, Seattle, WA 98117, Phone: (206) 784-6635, Contact: Noel Gilbrough (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide engineering and environmental services for flood control projects, emergency flood fight, and ecosystem restoration projects. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Two Thousand, One Hundred Dollars ($22,100.00), plus applicable Washington State sales tax, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit B. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement, VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) authorized under this Agreement, the work must meet approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: / CITY OF KENT: L By: By: (signature) (signature) Print N me:t4, MQ �f1lS2eJt�( P int Na e: Suzette Cooke -. Its O�J 4Iii.� M or (title) DATE: Za! DATE: /--02 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Noel Gilbrough Timothy J. LaPorte, P.E. Noel Inc. City of Kent 7359 23rd Ave. NW 220 Fourth Avenue South Seattle, WA 98117 Kent, WA 98032 (206) 784-1894 (telephone) (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPR VED AS O F RM: t Kent Law Department Noel Inc-Flood&Ecosystem Restoration 3/11allock CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of M , 20 . By: — -0 "4� For: 00 QC Title: 6 urU. Date: M d EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 i EXHIBIT A j i SCOPE OF WORK FOR PROFESSIONAL ENGINEERING AND ENVIRONMENTAL SERVICES FLOOD CONTROL PROJECTS • Assist the City in all actions leading up to Full FEMA Certification of the City's Levees • Assist the City in the development of Levee Vegetation Variances • Provide river levee consultation to city staff on the city's Green River Levee projects including: Horseshoe Bend, Milwaukee #2, Hawley Road, Russell Road, Boeing, and Briscoe/Desimone. • Engage in meetings and conference calls to help resolve planning and design issues • Provide guidance on Corps contacts and processes relating to levee designs and permitting • Work with City on Issues dealing with repair or modification of the Howard Hanson Dam • Prepare follow-up correspondence which documents recommendations and findings EMERGENCY FLOOD FIGHT • Provide consultation to city staff to discuss the city's planning and response to emergency flood fighting for the Green River. This work includes consultation for: o During flood events work as a technical advisor to the City and assist with its coordination with King County and Corps of Engineers o Flood containment and protection for levees, and o Repair and reconstruction of damaged levees • Provide guidance on Corps contacts for services relating to flood fights • Provide guidance on Corps contacts and federal processes relating to funding Prepare follow-up correspondence which documents recommendation and findings ECOSYSTEM RESTORATION PROJECTS • Provide river and levee restoration consultation to city staff on the city's USACE Green- Duwamish River Ecosystem Restoration Projects. These restoration projects include: o Lake Meridian Outlet o Riverview Park Channel, o Russell Road Upper Levee o Russell Road Lower Levee o Russell Road Lowest Levee o Boeing Levee i • Provide river and levee restoration consultation on the city's Green River restoration projects including: o Downey Farmstead Channel o Leber/Mill Creek Auburn Back Channel • Engage in meetings and conference calls to help resolve planning and design issues • Provide guidance on Corps and Federal processes relating to project funding and permitting • Prepare follow-up correspondence which documents recommendations and findings Contact Information: Noel Gllbrough, PE 7359 23rd Ave NW Seattle WA 98117 206-784-1894 gilbrough@comcast.net � � q § 7 p \ ) a § . \ to \ ° / ~ I \ in 44 / � / e - 2 _ \ \ g Kr/ _ - ® N ( k » / k ) 2 2 / [co \ 2 } \ k uj 2 { } § \ \ y \ # 2f { ) { § \ § \ 3a op ; ® § § ( § t & \ \ � 6 � E \ = 5 § » \ : § k \ [ k ƒ 3: 3 ') / @ ') j ! � E 3 3 3 cc CL LU § \ ) \ ƒ \ m \Ln E \ ) \ r @ 5 ) L ( C) 00 kE ) ) u 2 ± e u e e a 3 ) .e k \ a@ « e . \ k / \ \ ( \ \ = — $ a % c ) he U Z to I EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liabilitv insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liabilitv insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. EVIDENCE OF INSURANCE CIVIL ENGINEERS PROFESSIONAL LIABILITY INSURANCE POLICYHOLDER-ISSUED TO THE POLICY NO.NAC 101712 AMERICAN SOCIETY OF CIVIL ENGINEERS EVIDENCE NO.2200524-00 ITEM 1: NAMED INSURED EFFECTED WITH Noel,Inc UNDERWRITERS AT LLOYD'S OF LONDON (NOT INCORPORATED) ITEM 2: MAILING ADDRESS OF NAMED INSURED: LLOYD'S ILLINOIS,INC 7359 23rd Ave NW 181 W MADISON STREET Scathe,WA 98117-5661 SUITE 3870 CHICAGO,IL 60602-4541 ITEM 3: COVERAGE PERIOD: BOTH DAYS AT 12 01 A M LOCAL STANDARD INCEPTION 03/11/2013 EXPIRATION: 03/11/2014 TIME AT THE MEMBERS MAILING ADDRESS ITEM 4: RETROACTIVE DATE: 03/11/2013 ITEM 5: LIMIT OF LIABILITY. A) LIMIT IN ALL(INCLUDING COSTS, $1,000,000 CHARGES AND EXPENSES)IN RESPECT OF EACH CLAIM B) LIMIT IN THE AGGREGATE(INCLUDING $1,000,000 COSTS,CHARGES AND EXPENSES)FOR EACH ANNUAL PERIOD 'ITEM 6: DEDUCTIBLE EACH CLAIM: $5,000 ITEM7. TOTAL PREMIUM. $1,328 ITEM 8- ENDORSEMENTS AT COVERAGE PERIOD INCEPTION DATE. • AIF 2385 (07/08) • N M A 1256 • N M A 1477 • AIF2657(10105) THIS DOCUMENT(EVIDENCE OF INSURANCE)IS ISSUED AS NOTICE OF INSURANCE FOR INFORMATION ONLY IT DOES NOT CONSTITUTE A LEGAL CONTRACT OF INSURANCE THE MASTER POLICY AND THE APPLICATION OF THE INSURED,IF ANY,FORM THE ENTIRE CONTRACT THIS EVIDENCE WHICH IS FURNISHED IN ACCORDANCE WITH,AND IN ALL RESPECTS IS SUBJECT TO,I HE TERMS OF THE MASTER POLICY,A PPY OF WHICH IS ATTACHED HERETO FOR INFORMATION PURPOSES ONLY AND REPLACES ANY OTHER EVIDENCE PREVIOUSLY ISSUED .OVERING THE INSURANCE DESCRIBED HEREIN AIF 2385 EVI(04/08) i LSW1135b i LLOYD'S PRIVACY POLICY STATEMENT UNDER WRITERS ATLL0YD'S, LONDON The Certain Underwriters at Lloyd's,London want you to know how we protect the confidentiality of your non-public personal information We want you to know how and i why we use and disclose the information that we have about you.The following describes our policies and practices for securing the privacy of our current and former customers. INFORMATION WE COLLECT i The non-public personal information that we collect about you includes,but is not Iimited to: f • Information contained in applications or other forms that you submit to us, such as name, address,and social security number • Information about your transactions with our affiliates or other third-parties, such as balances and payment history • Information we receive from a consumer-reporting agency,such as credit-worthiness or credit history INFORMATION WE DISCLOSE We disclose the information that we have when it is necessary to provide our products and services We may also disclose information when the law requires or permits us to do SO. CONFIDENTIALITY AND SECURITY Only our employees and others who need the information to service your account have access to your personal information.We have measures in place to secure our paper files and computer systems RIGHT TO ACCESS OR CORRECT YOUR PERSONAL INFORMATION You have a right to request access to or correction of your personal information that is in our possession. CONTACTING US If you have any questions about this privacy notice or would like to learn more about how we protect your privacy,please contact the agent or broker who handled this insurance. We can provide a more detailed statement of our privacy practices upon request. i I U.S.A. i NUCLEAR INCIDENT EXCLUSION CLAUSE-LIABILITY-DIRECT(BROAD) (Approved by Lloyd's Underwriter's Non-Marine Association) For attachment to insurances of the following classifications in the U SA,its Territories and Possessions, Puerto Rico and Canal Zone Owners,Landlords and Tenants Liability, Contractual Liability,Elevator Liability, Owners or Contractors(including railroad)Protective Liability,Manufacturers and Contractors Liability,Product Liability,Professional and Malpractice Liability,Storekeepers Liability, , Garage Liabihty,Automobile Liability(including Massachusetts Motor Vehicle or Garage Liability), , not being insurances of the classification to which the Nuclear Incident Exclusion Clause-Liability- Direct(Limited)applies This-Policy*_ i does not apply: I 1. Under any Liability Coverage,to injury,sickness,disease,death or destruction (a) with respect tq which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada,or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability,or (b) resulting from the hazardous properties of nuclear material and with respect to which (1)any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954,or any law amendatory thereof,or(2)the insured is, or had this policy not been issued would be,entitled to indemnity from the United States of America,or any agency thereof,under any agreement entered into by the United States of America,or any agency thereof,with any person or organization. j II. Under any Medical Payments Coverage,or under any Supplementary Payments Provision relating to immediate medical or surgical relief,to expenses incurred with respect to bodily injury,sickness,disease or death resulting from the hazardous properties of nuclear material and ansing out of the operation of a nuclear facility by any person or organization. III. Under any Liability Coverage,to injury, sickness,disease,death or destruction resulting from the hazardous properties of nuclear materials,if (a) the nuclear material(1)is at any nuclear facility owned by,or operated by or on behalf of,an insured or(2)has been discharged or dispersed therefrom; (b) the nuclear material is contained in spent fuel or waste at any fame possessed, handled, used,processed, stored,transported or disposed of by or on behalf of an insured;or (c) tise injury,sickness,disease,death or destruction arises out of the furnishing by an insured of services,materials,parts or equipment in connection with the planning, construction maintenance,operation or use by any nuclear facility,but if each facility is located within the United States of America,its territories or possessions or Canada,this exclusion(c)applies only to injury to or destruction of property at such nuclear facility i IV. As used in this endorsement: "hazardous properties"include radioactive,toxic or explosive properties;"nuclear material"means source material,special nuclear material or byproduct material,"source material", "special nuclear material',and"byproduct material'have the meanings given them in the Atomic Energy Act 1954 or in any law amendatory thereof;"spent fuel' i means any fuel element or fuel component,solid or liquid,which has been used or exposed to radiation in a nuclear reactor,"waste"means any waste material(1)containing byproduct material and(2)resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph(a)or(b)thereof, "nuclear facility"means (a) any nuclear reactor, (b) any equipment or device designed or used for(1)separating the isotopes of uranium or plutonium,(2)processing or utilizing spent fuel,or(3)handling,processing or packaging waste, (c) any equipment or device used for the processing,fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or j contains more than 25 grams of plutonium or uranium 233 or any combination thereof,or more than 250 grams of uranium 235, (d) any structure,basin,excavation,premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located,all operations conducted on such site and all premises used for such operations;"nuclear reactor"means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material With respect to injury to or destruction of property,the word"injury"or"destruction" includes all forms of radioactive contamination of property. It is understood and agreed that,except as specifically provided in the foregoing to the contrary,this clause is subject to the terms,exclusions,conditions and limitations of the Policy to which it is attached *NOTE: As respects policies which afford liability coverage and other forms of coverage in addition, the words underlined should be amended to designate the liability coverage to which this clause is to apply. 17/3/60 N M A 1256 U.S.A. I RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE-LIABILITY-DIRECT (Approved by Lloyd's Underwriter's Non-Marine Association) For attachment(in addition to the appropriate Nuclear Incident Exclusion Clause-Liability-Direct) to liability insurances affording worldwide coverage. i In relation to liability arising outside the U.S.A.,its Territories or Possessions, Puerto Rico or the Canal Zone,this Policy does not cover any liability of whatsoever nature I directly or indirectly caused by or contributed to by or arising from ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. 13/2/64 N.M.A. 1477 I I WAR AND TERRORISM EXCLUSION ENDORSEMENT Notwithstanding any provision to the contrary within this insurance or any endorsement thereto it is agreed that this insurance excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by,resulting from or in connection with any of the following regardless of any other cause or event contributing concurrently or in any other sequence to the loss, 1. war,invasion,acts of foreign enemies,hostilities or warlike operations(whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising,military or usurped power,or 2. "an act of terrorism" However, this exclusion 2 shall apply only when one or more of the following are attributed to such act of terrorism (i) The total of "insured damage" to all types of property exceeds US$25,000,000 In determining whether the US$25,000,000 threshold is exceeded,Underwriters will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property For the purpose of this provision, "insured damage" means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions,or (u)Fifty or more persons sustain death or "serious physical injury". For the purposes of this provision,"serious physical injury"means (a) Physical injury that involves a substantial risk of death,or (b) Protracted and obvious physical disfigurement,or (e) Protracted loss of or impairment of the function of a bodily member or organ;or (iii) The terrorism is carried out by means of the dispersal or application of radioactive material, or through the use of a nuclear weapon or device that involves or produces a nuclear reaction,nuclear radiation or radioactive contamination,or (iv) Radioactive material is released, and it appears that one purpose of the terrorism was to release such material,or (v)The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials,or (vi) Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the terrorism was to ielease such materials With respect to this exclusion 2, paragraphs (i) and(n) describe the thresholds used to measure the magnitude of an incident of "an act of terrorism" and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident For the purpose of this endorsement, "an act of terrorism" means a violent act or an act that is dangerous to human life, property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion Multiple incidents of"an act of terrorism"which AIF 2657(10/05) occur within a seventy-two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident, for the purpose of determining whether the thresholds in paragraphs 2(i)or 2(u)are exceeded This endorsement also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling,preventing, suppressing or in any way relating to 1 and/or 2 above If the Underwriters allege that by reason of this exclusion, any loss, damage, cost or expense is not covered by this insurance the burden of proving the contrary shall be upon the Assured In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect I AIF 2657(10105) This document is to notify the Insured whose name is on the Schedule attached that the following insurance has been effected with certain Underwriters at Lloyd's (not incorporated) (the"Underwriters")for the Period of Coverage specified in the Schedule under the Policy specified in the Schedule issued to the American Society of Civil Engineers (the"Policyholder") in the State of Illinois The benefits under the Policy are summarized in this Evidence of Insurance The coverage is subject to the terms of the Policy The original Policy may be inspected at the offices of the Policyholder The respective names of and proportions underwritten by the Underwriters can be ascertained from the office of the Policyholder I. INSURANCE PROVIDED (Coverage is provided on a Claims made and reported basis Claim Expenses will reduce the limit of liability available to pay loss.) A. Coverage -Professional Liability and Claims Made Clause 1) Subject to the terms of the Policy, Underwriters agree to pay on behalf of the Insured all sums, in excess of the deductible, which the Insured shall become legally obligated to pay as Loss(including Claim Expenses)as a result of any claim alleging Wrongful Act occurring after the Retroactive Date,provided such CLAIM IS FIRST MADE AGAINST THE INSURED DURING THE COVERAGE PERIOD and reported to the Correspondent as soon as practicable and not more than 60 days after such claim is first made 2)Underwriters shall reimburse the Insured up to $10,000 per Coverage Period for Claim Expenses resulting from the defense of a proceeding before a state licensing board or governmental regulatory body incurred as the result of a notice of a proceeding first received by the Insured during the Coverage Period This coverage applies only to such Claim Expenses. It does not apply to any monetary awards of any kind,judgments,fines or settlements relating to, or directly or indirectly resulting from the institution of disciplinary proceedings Undei writers shall not be required to provide any coverage to appeal any adverse ruling or judgement by such board or regulatory body The deductible shall not apply to this coverage A(2). However,any payments made by Underwriters under this clause A(2)shall be included within the applicable limits of liability and not in addition to. 3)Up to $500 for loss of earnings to each Insured for each day or part of a day of such Insured's attendance; at the Company's request, at a trial, deposition, hearing, mediation or arbitration proceeding involving a civil suit against such Insured for covered Claim Expenses or Loss, but the amount so payable for any one or series of trials, depositions, hearings or arbitration proceedings arising out of the same or related Wrongful Act shall in no event exceed $7,500 nor shall the total amount paid in any coverage period exceed $7,500. Underwriters will defend any claim or suit against the Insured seeking such amounts. Underwriter's obligation to pay for Claims Expenses is limited as described under DEFENSE AND SETTLEMENTS. B.Territory and Coverage Period Provision This insurance applies to CLAIMS arising out of Wrongful Acts, which are committed or alleged to have been committed anywhere in the world, provided that the Insured, prior to the effective date of the Coverage Period, did not know or could not have reasonably foreseen, that such Wrongful Acts might give rise to a Claim C. Definitions Certain words are defined in this Evidence of Insurance as follows 1. "Policyholder" means the American Society of Civil Engineers 2 "Schedule" means the schedule at the beginning of this Evidence of Insurance 3 "Insured" and "you" mean I AIF 2385 (07/08) a) (i) any person or entity named as the Insured in the Schedule, or (u) the member(s) of the Society named as the Insured in the Schedule, and b) any current or former principal, partner or employee of the entity or individual(s) named as the Insured in the Schedule, but only with respect to Professional Services performed or failed to have been performed by such principal, partner or employee on behalf of the insured entity or individual(s) No one is an Insured for Professional Services performed on behalf of any current or past employer, partnership or joint venture if such current or past employer, partnership or joint venture is not specified as an Insured in the Schedule. 4. The word"Loss" shall mean damages,judgments, settlements and Claim Expenses, provided that such subject of Loss shall not include any matters which may be deemed uninsurable under the law pursuant to which this insurance shall be construed 5 "Correspondent" means Pearl Insurance, 1200 E Glen Avenue,Peoria Heights, Illinois 61616. 6. "Claim Expenses,"wherever used in this Policy, shall mean reasonable and necessary costs, charges, fees and expenses incurred in the defense of any Claim, but shall not include wages, salaries or expenses of employees or officers of the Insured or of the Underwriters The determination by Underwriters as to the reasonableness of Claim Expenses shall be conclusive on the Insured 7. The words"Coverage Period" shall mean the period specified in the Schedule 8. The word "Claim" shall mean a demand received by the Insured for money or Professional Services, including but not limited to the service of suit or institution of arbitration proceedings or other alternative dispute resolution proceedings against the Insured, alleging a Wrongful Act One or more claims arising out of any one single Wrongful Act, or out of a series of causally related Wrongful Acts, shall be treated as a single Claim for the purpose of determining the applicable limit of liability and deductible amount 9. "Professional Services" means those services which the Insured is legally qualified to perform for others in the Insured's capacity as an engineer or surveyor, whether in private business or as an employee of a governmental entity or a university or research organization 10 "Retroactive Date" shall mean the date as specified in the Schedule, on or after which any Wrongful Act must have occurred in order for Claims first made arising therefrom to be considered for coverage Claims first made arising from any Wrongful Act prior to this date are not covered by this Evidence of Insurance 11 "Wrongful Act" means any actual or alleged act, error, or omission in the rendering of or failure to render Professional Services D. Limit of Liability 1. Limit of Liability-Each Claim Underwriters shall, subject to their aggregate limit of liability as set forth in paragraph (3) below, be liable for all Loss (including Claim Expenses) in excess of the amount of the deductible up to the applicable limit of liability specified in the Schedule for each Claim 2. If a single Claim is made in different Coverage Periods, the limit of liability shall not exceed the amount stated for the Coverage Period in which the single Claim is first made 3. Limit of Liability-Aggregate The total liability of the Underwriters for all Loss (including Claim Expenses) shall not exceed the applicable amount set forth in the Schedule, "Limit in the aggregate for each Annual Period,"as a result of all Claims first made against the Insured during the Coverage Period 4 The inclusion herein or the making of Claims or the bringing of suits by more than one person or organization shall not operate to increase the Underwriters' limit of liability for each Claim and in the aggregate E. Deductible The amount designated as the deductible in the Schedule shall be paid by the Insured and shall apply to all Loss and Claim Expense for each and every Claim whether or not loss payment is made Underwriters shall not have any obligation to make payments under this policy for Loss or Claim Expenses until the deductible has been paid Such deductible shall not reduce Underwriters Limits of Liability F. Defense, Consent, Settlement and Cooperation Underwriters shall have the right and duty to appoint counsel to defend any CLAIM seeking Loss payable under the policy 2 AIF 2385 (07/08) The Insured shall not admit liability for or settle any Claim or incur any Claim Expenses without the written consent of Underwriters, however, the Insured must take reasonable action within its power to prevent or mitigate any Claim which would be covered under this Policy Underwriters have the right to make any investigation, conduct negotiations and, with the written consent of the Insured, enter into such settlement of any Claim as Underwriters deem reasonable If the Insured refuses to consent to any settlement recommended by Underwriters and acceptable to the party(ies) making Claim and elects to continue to contest the Claim, Underwriters' liability shall not exceed the amount for which Underwriters would have been liable for Loss including Claim Expenses if the Claim had been so settled, when and as so recommended, and Underwriters shall have the right to withdraw from the further defense of the Claim by tendering control of the defense thereof to the Insured Underwriters shall not be obligated to pay any Loss including Claim Expenses, or to undertake or continue the defense of any Claim after the applicable limit of Underwriters' liability has been exhausted by payment of Loss including Claims Expenses The Insured shall cooperate with Underwriters and, upon Underwriters' request, shall submit to examination and interrogation by a representative of Underwriters, under oath if required, and shall attend hearings, depositions, and trials and shall assist in effecting settlement, securing and giving evidence, obtaining the attendance of witnesses and in the conduct of suits, as well as in the giving of a written statement or statements to Underwriters' representative and meetings with such representatives for the purpose of investigation, and/or defense, and all without charge to Underwriters The Insured shall take such action as may be necessary to secure and effect any rights of indemnity, contribution or apportionment which the Insured may have 11. EXCLUSIONS Underwriters shall not be liable to make payment for Loss or Claim Expenses for any Claim made against the Insured A Arising out of any Loss caused intentionally by or at the direction of the Insured. B Arising out of any Loss caused by dishonest, fraudulent, criminal or malicious acts, errors, or omissions of any Insured, whether acting alone or in collusion with others Notwithstanding the foregoing, Underwriters shall defend the Insured under the terms of this insurance until a judgment in the trial court, for Claims which may be brought by reason of any alleged dishonest, fraudulent, criminal or malicious act or omission C Based upon or arising out of bodily injury, personal injury, disease or death to any employee of the Insured arising out of and in the course of his or her employment by the Insured, or any obligation for which the Insured or any carrier as his insurer may be liable under any workers compensation, unemployment compensation, disability law or under any similar law D Arising out of Bodily injury to 1 An employee of the Insured arising out of and in the course of employment by the Insured, or 2 The spouse, child, parent, brother or sister of that employee as a consequence of 1 above This exclusion applies a Whether the Insured maybe liable as an employer or in any other capacity, and b. To any obligation to share damages with or repay someone else who must pay damages because of the injury E Arising out of the insolvency or bankruptcy of the Insured. F Arising out of damage to 1 Property owned, occupied or used by the Insured or rented or leased to the Insured, 3 AIF 2385 (07/08) 2 Property in the Insured's care, custody or control or over which the Insured is for any purpose exercising physical control. G. Arising out of a default by or on behalf of the Insured with respect to the performance of any contract or agreement, but this exclusion does not apply if such default is the result of a Wrongful Act, in the performance of or failure to perform Professional Services for others H Arising out of the cost guarantees; or estimates of probable costs or cost estimates being exceeded unless arising or alleged to arise from the Insured's Professional Services I. Arising out of express warranties or guarantees not being complied with or met. J Arising out of infringement of copyright, trademark or patent, unfair competition or piracy, theft or wrongful taking of concepts or other intellectual property, or unauthorized activities in connection with trade secrets K. Arising out of any liability assumed by the Insured under any contract, but this exclusion does not apply if the Insured would have been liable even in the absence of such contract L Arising out of any Claim or lawsuit directly or indirectly arising from or related to 1 Asbestos or any material containing asbestos or any disease directly or indirectly related to asbestos, or 2. Any act, error or omission, professional or otherwise, involving the existence, use, detection, removal, elimination of or exposure to asbestos or any material containing asbestos M. Based upon the Employee Retirement Income Security Act of 1974 Public Law 93-406, commonly referred to as the Pension Reform Act of 1974, and amendments thereto, or similar provisions of any Federal, state, or local statutory law or common law. N By one Insured under this Policy against another Insured under this Policy, or by any person or entity owned in part or wholly by any person or entity insured under this Policy, or by any person or entity which owns the Insured wholly or in part O. Arising out of the ownership, rental, leasing, maintenance, operation, loading or unloading, use of any real or personal property, including but not limited to automobiles, mobile equipment, aircraft, watercraft or other kinds of conveyances. P. For punitive or exemplary damages, fines, penalties, or any multiple of compensatory damages, except, that if a suit shall have been brought against the Insured for a Claim falling within the coverage hereof, seeking both compensatory and either punitive or exemplary damages, fines, penalties or any multiple of compensatory damages, then Underwriters will afford a defense until a judgment in the trial court, for such action, without liability, however, for such punitive or exemplary damages, fines, penalties, or any multiple of compensatory damages Q. Arising out of 1 Selling, renting or lending any software design, or 2. Operating computer programs for others, or 3 Lending or renting computer hardware to or for others, Except this exclusion shall not apply if these services are performed by the Insured in connection with the Insured's own engineering activities R Arising from the cost to repair or replace faulty workmanship on any construction, erection, fabrication, installation, assembly, manufacture or remediation including any materials,parts or equipment furnished in connection therewith performed by. 4 AIF 2385 (07/08) 1)the Insured or a subsidiary of the Insured; 2) any "entity" under common ownership,management or control with the Insured; 3) any "entity" acting in the capacity of the Insured's subcontractor; or 4) any "entity"that owns the Insured. S Alleging injury, sickness, disease, death, or destruction of property resulting from 1 the hazardous properties of nuclear material, nuclear waste or spent fuel, or 2 the furnishing of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility As used in this exclusion "Hazardous properties" include radioactive, toxic or explosive properties. "Nuclear material" means source material, special nuclear material or byproduct material "Source material,""special nuclear material,"and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor "Nuclear Waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility "Nuclear facility" means i) Any nuclear reactor, u) Any equipment or device designed or used for(1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or(3) handling, processing or packaging waste iii) Any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the Insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235 iv) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material With respect to injury to or destruction of property, the word "injury"or"destruction" includes all forms of radioactive contamination of property T Arising out of any Claim directly or indirectly relating to the actual, potential, alleged or threatened presence of any mold, mildew, fungi, spores or any other growth or organic matter of any kind whatsoever. U For loss including costs, charges and expenses arising out of any claim based upon or arising out of work performed for any project, corporation, fund, trust, association, partnership, limited partnership, business enterprise or other venture, of any kind or nature in which any insured or members of such insured's immediate family has a pecuniary or beneficial interest. III. CONDITIONS A. Application By acceptance of this insurance, the Insured reaffirms as of the inception date of this insurance that(1) the statements in the Application attached to the Policy and made a part thereof are the Insured's agreements and representations, and (2) this insurance is issued in reliance upon the truth and accuracy of such representations, and (3) the Policy embodies all agreements existing between the Insured and Underwriters relating to this insurance 5 AIF 2385 (07108) B Notice of Potential Claim If during the Coverage Period, an Insured first becomes aware of any Wrongful Act which might reasonably be expected to give rise to a Claim against any Insured and the Insured gives written notice of the Wrongful Act to Underwriters via the Correspondent as soon as possible and such notice is received by Underwriters during the Coverage Period, then any Claim subsequently made against an Insured arising out of such Wrongful Act will be considered to be a Claim first made during the Coverage Period Written report of a potential Claim shall state 1. the specific Wrongful Act including the date(s)thereof, and the Insureds involved; 2 the damage that may reasonably result, and 3 the date and circumstances by which any Insured became aware of the Wrongful Act. C. Claims Handling Clause If a Claim is made or suit is brought against the Insured involving or likely to involve this insurance the Insured shall as a condition precedent to the Insured's right to recovery under this insurance, promptly forward to the Correspondent a copy of every demand, notice, summons or other process received by the Insured or its representative D Subrogation In the event of any Claim under this insurance, Underwriters shall be subrogated to all of the Insured's right of recovery therefor against any person or organization and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights, the Insured shall do nothing after loss to prejudice such rights E. Action against the Underwriters No action shall lie against Underwriters unless, as a condition precedent thereto, the Insured shall have fully complied with all terms of this insurance Nothing contained in this insurance shall give any person or organization any right to join Underwriters as a co-defendant in any action against the Insured to determine the Insured's liability Bankruptcy or insolvency of the Insured or of the Insured's estate shall not relieve Underwriters of any of their obligations hereunder. F. Other Insurance If an Insured has insurance provided by other insurers against a loss covered by this insurance, the underwriters shall not be liable under this insurance for a greater proportion of such loss and claims expense that the applicable limit of liability stated in the Schedule bears to the total applicable limit of liability of all valid and collectible insurance against such loss, provided, however, that if the Insured has insurance provided by other insurers whose insurance is stated as excess over any other insurance available to the insured, this insurance shall apply solely in excess of such insurance, unless such other insurance is written as specific excess over the limit of liability of this insurance G. This insurance may not be assigned or transferred without the prior written consent of Underwriters H Changes Notice to any Agent or knowledge possessed by any Agent or other person acting on behalf of Underwriters shall not effect a waiver or a change in any part of this insurance or stop Underwriters from asserting any right under the terms of this insurance, nor shall the terms of this insurance be waived or changed, except by endorsement issued to form a part of this insurance I. Cancellation This insurance may be cancelled by the Insured by surrender thereof to Underwriters or by mailing to the Correspondent written notice, by registered or certified mail, stating when thereafter such cancellation shall be effective If cancelled by the Insured, Underwriters shall retain the earned premium plus the customary short rate penalty calculated as one hundred ten percent of pro rata This insurance may be cancelled by Underwriters by mailing to the Insured written notice, by registered or certified mail, stating when, not less than sixty (60) days thereafter such cancellation shall be effective However, if Underwriters cancel this insurance because the Insured has failed to pay a premium when due, this insurance may be cancelled by Underwriters by marling, by registered or certified mail, a written notice of cancellation to the Insured stating when, not less than ten (10) days thereafter, such cancellation 6 AIF 2385 (07/08) shall be effective The mailing of notice as aforesaid shall be sufficient notice and the effective date of cancellation stated in the notice shall become the end of the Coverage Period If cancelled by the Underwriters, earned premium shall be computed pro-rata Any notices to the Insured under this clause shall be mailed to the Insured at the last mailing address known by Underwriters The Correspondent shall maintain proof of mailing of such notice on a recognized U S Post Office form, and a copy of such notice shall be sent to the Insured's broker Premium adjustment may be made at the time cancellation is effected or as soon as practicable thereafter The check of Underwriters or any of their representatives, mailed or delivered, shall be sufficient tender of any refund due to the Insured If this insurance has been in effect for 60 days, Underwriters can cancel only for one of the following reasons (a) non-payment of premium, (b)the insurance was obtained through material misrepresentation, (c)the Insured violated any of the terms and conditions of the contract of insurance, (d) the risk originally accepted has measurably increased, (e)certification to the Director of Insurance of the State of Illinois of the loss of reinsurance by Underwriters which provided coverage to Underwriters for all or a substantial part of the underlying risk insured, or (f) a determination by the Director of Insurance of the State of Illinois that the continuation of this insurance could place Underwriters in violation of the insurance laws of the State of Illinois J. Extended Reporting Period Options If Underwriters or the Named Insured shall cancel or refuse to renew this insurance, or if this insurance is renewed with a Retroactive Date that is later than the Retroactive Date shown on the Schedule, then the Named Insured shall have the right to purchase an Extended Reporting Period or Non-Practicing Extended Reporting Period under the following terms and conditions 1. The Named Insured must send written notice to Underwriters of the Named Insured's intention to purchase the Extended Reporting Period The notice must be received by the Correspondent within thirty (30) days after the termination of the Coverage Period The written notice must state the length of the period of extension desired and include the additional premium EXTENDED REPORTING PERIOD TERM AND PREMIUM Term Additional Premium 12 months 100% of the annual premium set forth in the Schedule 24 months 150% of the annual premium set forth in the Schedule 36 months 185% of the annual premium set forth in the Schedule 2. In the event this insurance is non-renewed or cancelled due to the death, permanent retirement or permanent disability of the Named Insured, the Named Insured shall, upon payment of an additional premium, have the right to purchase a Non-practicing Extended Reporting Period. Written notice of the intent to purchase this option must be received by the Correspondent within thirty (30) days after the termination of the Coverage Period This written notice must include the additional premium NON-PRACTICING EXTENDED REPORTING PERIOD TERM AND PREMIUM Term Additional Premium 12 months 100% of the annual premium set forth in the Schedule 24 months 150% of the annual premium set forth in the Schedule 36 months 185% of the annual premium set forth in the Schedule Unlimited 300% of the annual premium set forth in the Schedule 7 AIF 2385 (07/08) 3 The coverage during the Extended Reporting Period or Non-Practicing Extended Reporting Period applies only to Wrongful Acts which occurred prior to the termination of the Coverage Period and after the Retroactive Date, if any, provided that the Claim is first made during the Extended Reporting Period or Non-Practicing Extended Reporting Period and written notice of the Claim is received by Underwriters during the Extended Reporting Period or Non-Practicing Extended Reporting Period. 4. Separate or new limits do not apply to the Extended Reporting Period or Non-Practicing Extended Reporting Period. 5. Premium for these options is fully earned when payment is made The Extended Reporting Period or Non-Practicing Extended Reporting Period cannot be cancelled K Audit Underwriters may examine and audit the Insured's books and records at any time insofar as they relate to the subject matter of this insurance L Misrepresentation and Fraud The entire policy shall be void if, whether before or after a loss, the insured has willfully concealed or misrepresented any material fact or circumstance concerning this insurance or the subject thereof, or the interest of the insured therein, or in case of any fraud or false swearing of the insured relating thereto M Service of Suit Clause It is agreed that in the event of the failure of the Underwriters to pay any amount claimed to be due hereunder, the Underwriters, at the request of the Insured, will submit to the jurisdiction of a court of competent jurisdiction within the United States Nothing in this clause constitutes or should be understood to constitute a waiver of Underwriters' rights to commence an action in any court of competent jurisdiction in the United States, to move an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States In the event of any litigation arising out of insurance assumed hereunder, the Attorney-in-Fact as listed in the Schedule and the Director of Insurance of the State of Illinois and his successors in office are hereby appointed agents to accept service of process for Underwriters. N Complaints If you have any complaints concerning your insurance, please contact the Correspondent If the Correspondent is unable to resolve the matter, you may contact the Attorney-in-Fact You may also seek the assistance of the Public Service Section, Illinois Department of Financial and Professional Regulation Division of Insurance,320 W Washington Street, Springfield, Illinois 62767-0001 O Correspondent and Attorney-in-Fact not Insurers Neither the Correspondent nor the Attorney-in-Fact nor any Claim adjusting firm appointed by Underwriters at Lloyd's, London is an Insurer hereunder and neither is nor shall be liable for any Loss or Claim whatsoever The Insurers hereunder are those individual Underwriters at Lloyd's, London, whose names can be ascertained as hereinbefore set forth. 8 AIF 2385 (07/08) w 0' ' • ' 9 10 - e . . U"WiCK&A t 0 Nju- i �4 Your ASCE Professional Liability policy is written on a"Claims Made"basis,the most widely available(if not only)form of Professional Liability Insurance for engineers.In determining coverage,your insurance carrier will investigate when the alleged wrongful act took place and the date the claim is first known by the insured.The date first known must be within the policy period and reported to the i insurer within that policy period.Your policy is typically issued with a"Prior Acts P Y P P Y hT Y tr Date,which means that the policy will not provide coverage for any claim asserted 14 against you when the alleged wrongful act and/or service that led to the claim ; '' `E �S occurred prior to that date, ALL CLAIMS must be reported.Failure to do so could jeopardize your coverage. r F >( - WHAT IS A CLAIM? A claim is defined as a demand for money or services,naming the insured by reason of an act or omission in the performance of engineering services A claim also includes the service of suit or the institution of an arbitration proceeding against the insured Claims may be presented either in writing or orally and may be from an individual or x attorney.Quite often,an attorney will put a party on notice of a clams prior to filing a lawsuit by calling or sending a letter.This contact is the first notice of a claim i You are always eligible for coverage if you report.Contact your claims representative a immediately to determine if a situation is a claim or an incident In the event you 4 are dealing with an unhappy customer,you may be able to report the situation as an incident. r REPORTING Y Anytime there is a demand for money,you must report We suggest that you: M. •i i• a 1. Report oral demands in writing and forward copies of written demands to Pearl Insurance Attn ASCE Professional Liability-Claims 1200 E Glen Ave Peoiia Heights,IL 61616-5348 Toll Free 1 888 619 1908 Fax 1 866 817 9009 Email ascepro@pearhnsurance com 1 2. Following your notification to Pearl,be prepared to provide them with copies of the project file and a complete chronology of events,including conversations with the client during the pi oject Specific instructions will be provided to you following notification of the claim A report of an incident will not require as much detail as an actual claim. , The products and/or services described are undenvniten by Certain Underwriters at Lloyd's of London The mfomratton is intended to resent a general overview for illustrative purposes only It is not intended ire constitute a binding contract Please remember that + on y the relevant insurance Policy can provide the actual to ins,covers es,amounts conditions and exclusions for an insured All .d, products and service,may not be available in all state%Copyught 3 2908 Pearl Ins urance All r+Plus reserved i Policy Number- PSB0002093 r RLI' NOTICE TO OUR INSURED AND THEIR AGENTS OF OUR CLAIM NOTIFICATION PROCEDURE As part of our continuing effort to provide you with the best service available, ALL CLAIMS, OCCURRENCES, INCIDENTS, LAWSUITS under this policy are to be reported Immediately to RLI Insurance Company P.O. Box 3961 9025 N. Lindbergh Drive Peoria, IL 61612-3961 Phone: (877) 863-6095 Fax: (877) 863-4352 i Email: First.Report@rlicorp.com ALL LOSSES must be reported in the usual manner as well, to your AGENT or BROKER. Below Is a "cut-out" card to keep in your wallet or with your business papers. We pledge to continue upgrading our services to our valued policyholders Sincerely, Donald J. Driscoll Vice President, Claim Department CUT ALONG DOTTED LINE --------------------------------------------------- Insured Noel, Inc Policy No PSB0002093 RLI Insurance Company P.O. Box 3961 9025 N. Lindbergh Drive Peoria, IL 61612-3961 Phone- (877)863-5095 Fax: (877)863-4352 PPK2131 11 11 Email. First.Report@rlicorp.com Keep this card with you or in a safe place. i :------------------------------------------------ -- This Policy consists of the Declarations,Coverage Forms, Common Policy Conditions and any other Forms and Endorsements issued to be a part of the Policy This insurance is provided by RLI insurance Company RLI Insurance Company �� ® Peoria, Illinois RLIPack BUSINESSOWNERS DECLARATIONS Policy Number:PSB0002093 [X] New a Renewal of Named Insured and Mailing Address: Agent/Broker: 05930 Noel, Inc. Pearl Insurance Group(05930) 1200 E.Glen Ave. 7359 23rd Avenue NW Peoria Heights,IL 61614 Seattle,WA 98117 Policy Period: From 03-19-2013 To 03-19-2014 12 01 A M Standard Time at your mailing address shown above Legal Entity: SoleProprietor LOCATION SCHEDULE Described Premises Address: Primary Location, Building#1, 7359 23rd Avenue NW, Seattle, WA, 98117 Refer to RLIPack Businessowners Supplemental Declarations-Building and Locations Coverages, PPB 111,for coverage details Billing Plan Full Pay Audit Frequency:Waived Insurance Provided. In return for the payment of the premium and subject to all of the terms of this policy, we agree with you to provide insurance as stated in this policy. Estimated Premium, excluding Terrorism: $499 Terrorism Charge: $1 Applicable Taxes, Fees, and Surcharges: $0.45 TOTAL ESTIMATED PREMIUM, TAXES, FEES, AND SURCHARGES: $500.45 Countersigned By Authorized Representative Date Issued Date: 03-21-2013 PPB 10012 10 pg 1 of 2 BUSINESSOWNERS DECLARATIONS (Continued) Policy Number: PSB0002093 Coverage SECTION II—LIABILITY Coverage Limits of Insurance Liability And Medical Expenses $1,000,000 Per Occurrence Medical Expenses $10,000 Per Person Damage To Premises Rented To You $1,000,000 Any One Premises Other Than Products/Completed Operations Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Policy Level Coverage SECTION I—PROPERTY Limits of Insurance Business Income—Dependent Properties $60,000 Interruption of Computer Operations $500,000 Valuable Papers and Records $100,000 Accounts Receivable. $250,000 Money and Securities On Premises $25,000 Money and Securities Off Premises $25,000 Forgery or Alteration. $50,000 Employee Dishonesty $25,000 Employee Dishonesty ERISA $100,000 Fine Arts $100,000 Green Property Coverage Green Building Upgrades and Related Expenses Limit 10% not to exceed $25,000 Green Business Personal Property Upgrades Limit 10% not to exceed $25,000 ENDORSEMENTS- Refer to Applicable Forms& Endorsements, RIL 2150 PPB 100 12 10 pg 2 of 2 Policy Number- PSB0002093 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® BUSINESSOWNERS SUPPLEMENTAL DECLARATIONS — BUILDING AND LOCATIONS COVERAGES Busmessowners Declarations PPB100 is amended to include Location(s), Building(s), Business of Named Insured and Schedule of Coverages for Premises as designated by Number below Effective Date: 03/19/2013 Location Address: 7359 23rd Avenue NW Seattle, WA 98117 Location: Pnmary Location Building: Budding#1 Deductible: $1,000 BUILDING AND PERSONAL PROPERTY LIMITS OF INSURANCE Budding Replacement Cost $0 Business Personal Property Replacement Cost $1,000 Location Level Additional Coverages Limits of Insurance Building Limit—Automatic Increase 4% Outdoor Property $10,000 Outdoor Signs Included in Limit of Insurance Business Income and Extra Expense 12 Months Actual Loss Sustained 0 Hour Waiting Period Extended Business Income 90 Days Utility Services—Direct Damage $25,000 Utility Services—Time Element $25,000 Water Backup and Sump Overflow $25,000 Equipment Breakdown Included ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED PPB 11106 10 Page 1 9025 North Lindbergh Drive, Peoria, IL 61615 (309) 692-1000 SUPPLEMENTAL DECLARATIONS Policy Number PSB0002093 Named Insured and Mailing Address Noel, Inc 7359 23rd Avenue NW, Seattle,WA 98117 The following is a listing of applicable Taxes, Fees and Surcharges WA Regulatory Surcharge $0.45 Total Estimated Amount Due $0 45 RIL 112 (08/06) Policy Number PSB0002093 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. APPLICABLE FORMS & ENDORSEMENTS FORMS AND ENDORSEMENTS LISTED BELOW APPLY TO AND ARE MADE PART OF THIS POLICY AT TIME OF ISSUE PPB1010610 RLIPack BUSMESSOWNERS COVERAGE FORM PPB30006 10 RLIPack ERISA ENDORSEMENT PPB301WA 1112 RLIPack FOR DESIGN PROFESSIONALS PROPERTY ENHANCEMENT PPB303 0610 RLIPack ASBESTOS EXCLUSION PPB304 02 12 RLIPack FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT PPB305 06 10 RLIPack BROADENED NAMED INSURED ENDORSEMENT PPB30706 10 RLIPack DISCRIMINATION EXCLUSION PPB31006 10 RLIPack LEAD EXCLUSION PPB312 06 10 RLIPack FOR DESIGN PROFESSIONALS PROFESSIONAL SERVICES EXCLUSION PPB313 02 12 RLIPack FOR PROFESSIONALS SCHEDULED ADDITIONAL INSURED ENDORSEMENT PPB316 02 11 RLIPack FOR DESIGN PROFESSIONALS LIABILITY ENHANCEMENT PPB318WA 1111 RLIPack EQUIPMENT BREAKDOWN ENDORSEMENT PPB319 1110 RLIPack GREEN PROPERTY ENDORSEMENT BP0515 0108 DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT BP0517 0106 EXCLUSION-SILICA OR SILICA-RELATED DUST BP0523 0108 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM BP050107 02 CALCULATION OF PREMIUM BP0106 08 10 WASHINGTON CHANGES BP04600110 WASHINGTON EMPLOYMENT-RELATED PRACTICES BP0473 0106 WASHINGTON CHANGES- DOMESTIC ABUSE BP0669 0106 WASHINGTON- FUNGI OR BACTERIA EXCLUSION (LIABILITY) ILF00010101 SIGNATURE PAGE ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. RIL 2150 (08/08) Page 1 Policy Number. PSB0002093 RLI Insurance Company RLIPack° BUSINESSOWNERS COVERAGE FORM Various provisions in this policy restrict coverage Read (7) Personal property owned by you that is the entire policy carefully to determine rights, duties and used to maintain or service the buildings what is and is not covered or structures or the premises, including Throughout this Coverage Form the words "you" and (a) Fire extinguishing equipment; "your" refer to the Named Insured shown in the Decla- rations The words "we", "us" and "our" refer to the (b) Outdoor furniture, Company providing this insurance (c) Floor coverings; In SECTION II — LIABILITY, the word "insured" means (d) Appliances used for refrigerating, any person or organization qualifying as such under Para- ventilating, cooking, dishwashing or graph C.Who Is An Insured laundering, Other words and phrases that appear in quotation marks (e) Lawn maintenance and snow removal have special meaning Refer to Paragraph H. Property equipment, and Definitions in SECTION I — PROPERTY and Paragraph (f) Alarm systems; F. Liability And Medical Expenses Definitions in SECTION II—LIABILITY (8) If not covered by other insurance- SECTION I— PROPERTY (a) Additions under construction, altera- A. Coverage tions and repairs to the buildings or structures, We will pay for direct physical loss of or damage to Covered Property at the premises described in the (b) Materials, equipment, supplies and Declarations caused by or resulting from any Covered temporary structures, on or within Cause of Loss 1,000 feet of the described premises, used for making additions, alterations 1. Covered Property or repairs to the buildings or Covered Property includes Buildings as described structures. under Paragraph a. below, Business Personal b. Business Personal Property located in or on Property as described under Paragraph b. below, the buildings at the described premises or in or both, depending on whether a Limit of the open (or in a vehicle) within 1,000 feet of Insurance is shown in the Declarations for that the described premises, including type of property. Regardless of whether coverage is shown in the Declarations for Buildings, (1) Property you own that is used in your Business Personal Property, or both, there is no business, coverage for property described under Paragraph (2) Property of others that is in your care, 2. Property Not Covered custody or control, except as otherwise a. Buildings, meaning the buildings and struc- provided in Loss Payment Property Loss tures at the premises described in the Dec- Condition Paragraph E.5.d.(3)(b); larations, including (3) Tenant's improvements and betterments (1) Completed additions, Improvements and betterments are fixtures, alterations, installations or (2) Fixtures, including outdoor fixtures and additions swimming pools, (a) Made a part of the budding or struc- (3) Permanently installed: ture you occupy but do not own, and (a) Machinery, and (b) You acquired or made at your ex- (b) Equipment, pense but cannot legally remove, (4) Fences, (4) Leased personal property which you have a contractual responsibility to insure, (5) Retaining walls, whether or not attached; unless otherwise provided for under (6) Your personal property in apartments, Paragraph 1.b.(2); and rooms or common areas furnished by you as landlord, PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc Page 1 of 48 (5) Exterior building glass, if you are a tenant 4. Limitations and no Limit of Insurance is shown in the a. We will not pay for loss of or damage to: Declarations for Building property. The glass must be owned by you or in your (1) Steam boilers, steam pipes, steam en- care, custody or control, gines or steam turbines caused by or 2. Property Not Covered resulting from any condition or event in- side such equipment But we will pay for Covered Property does not include loss of or damage to such equipment a. Aircraft, automobiles, motortrucks and other caused by or resulting from an explosion vehicles subject to motor vehicle registration, of gases or fuel within the furnace of any fired vessel or within the flues or pas- b. "Money" or "securities" except as provided in sages through which the gases of com- the bustion pass (1) Money And Securities Optional Cover- (2) Hot water boilers or other water heating age;or equipment caused by or resulting from (2) Employee Dishonesty Optional Coverage; any condition or event inside such boilers or equipment, other than an explosion c. Contraband, or property in the course of illegal transportation or trade, (3) Property that is missing, where the only evidence of the loss or damage is a d. Land (including land on which the property is shortage disclosed on taking inventory, or located),water, growing crops, other instances where there is no e. Outdoor radio or television antennas physical evidence to show what hap- (including satellite dishes) and their lead-in pened to the property This limitation does not apply to the Optional Coverage wiring, masts or towers, signs (other than signs attached to buildings), trees, shrubs or for Money and Securities plants, and lawns, all except as provided in (4) Property that has been transferred to a the Outdoor Property Coverage Extension. person or to a place outside the de- f. Watercraft (including motors, equipment and scribed premises on the basis of unau- accessories)while afloat, thorized instructions.(5)Accounts, bills, food stamps, other evidences (5) The interior of any building or structure of debt, accounts receivable or "valuable caused by or resulting from rain, snow, papers and records", except as otherwise sleet, ice, sand or dust, whether driven by provided in this policy, wind or not, unless h. "Computer(s)" which are permanently in- (a) The building or structure first sustains damage by a Covered Cause of Loss stalled or designed to be permanently in- stalled in any aircraft, watercraft, motortruck to its roof or walls through which the or other vehicle subject to motor vehicle rain, snow, sleet, ice, sand or dust enters,or registration This paragraph does not apply to "computer(s)"while held as"stock", (b) The loss or damage is caused by or i. "Electronic data", except as provided under results from thawing of snow, sleet or Additional Coverages — Electronic Data This ice on the building or structure Paragraph i. does not apply to your"stock" of b. We will not pay for loss of or damage to the prepackaged software following types of property unless caused by j. Animals, unless owned by others and the "specified causes of loss" or building glass breakage boarded by you, or if owned by you, only as "stock"while inside of buildings (1) Animals, and then only if they are killed or 3. Covered Causes Of Loss their destruction is made necessary Risks of direct physical loss unless the loss is: (2) Fragile articles such as glassware, statuary, marble, chinaware and porce- a. Excluded in Paragraph B. Exclusions in lain, if broken This restriction does not Section I; or apply to b. Limited in Paragraph 4. Limitations in Sec- (a) Glass that is part of the exterior or tion I. interior of a budding or structure, (b) Containers of property held for sale, or PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 2 of 48 (c) Photographic or scientific instrument (a) The total of the actual debris removal lenses expense plus the amount we pay for c. For loss or damage by theft, the following direct physical loss or damage ex- types of property are covered only up to the ceeds the Limit of Insurance on the limits shown Covered Property that has sustained loss or damage (1) $2,500 for furs, fur garments and gar- (b) The actual debris removal expense ments trimmed with fur exceeds twenty-five percent (25%) of (2) $2,500 for jewelry, watches, watch the sum of the deductible plus the movements, jewels, pearls, precious and amount that we pay for direct physical semiprecious stones, bullion, gold, silver, loss or damage to the Covered platinum and other precious alloys or Property that has sustained loss or metals. This limit does not apply to damage jewelry and watches worth $100 or less Therefore, if Paragraphs (4)(a) and/or per item (4)(b) apply, our total payment for direct (3) $2,500 for patterns, dies, molds and physical loss or damage and debris re- forms moval expense may reach but will never 5. Additional Coverages exceed the Limit of Insurance on the Covered Property that has sustained loss a. Debris Removal or damage, plus $25,000 (1) Subject to Paragraphs (3) and (4),we will (5) Examples pay your expense to remove debris of Example#1 Covered Property caused by or resulting from a Covered Cause of Loss that Limit of Insurance $ 90,000 occurs during the policy penod The Amount of Deductible $ 500 expenses will be paid only if they are Amount of Loss $ 50,000 reported to us in writing within one Amount of Loss Payable $ 49,500 hundred eighty (180) days of the date of direct physical loss or damage ($50,000—$500) (2) Debris Removal does not apply to costs Debris Removal Expense $ 10,000 to: Debris Removal Expense (a) Extract 'pollutants" from land or Payable $ 10,000 water, or ($10,000 is 20%of$50,000) (b) Remove, restore or replace polluted The debris removal expense is less than land or water. twenty-five percent (25%) of the sum of (3) Subject to the exceptions in Paragraph the loss payable plus the deductible The (4),the following provisions apply sum of the loss payable and the debris removal expense ($49,500 + $10,000 = (a) The most that we will pay for the total $59,500) is less than the Limit of of direct physical loss or damage plus Insurance Therefore the full amount of debris removal expense is the Limit of debris removal expense is payable in Insurance applicable to the Covered accordance with the terms of Paragraph Property that has sustained loss or (3) damage Example#2 (b) Subject to Paragraph (a) above, the Limit of Insurance $ 90,000 amount we will pay for debris removal expense is limited to twenty-five Amount of Deductible $ 500 percent (25%) of the sum of the Amount of Loss $ 80,000 deductible plus the amount that we Amount of Loss Payable $ 79,500 pay for direct physical joss or damage to the Covered Property that has ($80,000—$500) sustained loss or damage Debris Removal Expense $ 30,000 (4) We will pay up to an additional $25,000 Debris Removal Expense for debris removal expense, for each Payable location, in any one occurrence of Basic Amount $ 10,500 physical loss or damage to Covered Additional Amount '$ 19,500 Property, if one or both of the following circumstances apply PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc Page 3 of 48 The basic amount payable for debris (1) For the purpose of this Additional removal expense under the terms of Coverage—Collapse, abrupt collapse Paragraph (3) is calculated as follows means an abrupt falling down or $80,000 ($79,500 + $500) x 25 = caving in of a building or any part of a $20,000, capped at $10,500) The cap building with the result that the applies because the sum of the loss building or part of the building cannot payable ($79,500) and the basic amount be occupied for its intended purpose payable for debris removal expense ($10,500) cannot exceed the Limit of In- (2) We will pay for direct physical loss or surance ($90,000) damage to Covered Property, caused by abrupt collapse of a building or The additional amount payable for debris any part of a budding that is insured removal expense is provided in ac- under this policy or that contains cordance with the terms of Paragraph (4), Covered Property insured under this because the debris removal expense policy, if such collapse is caused by ($30,000) exceeds twenty-five percent one or more of the following (25%) of the loss payable plus the deductible ($30,000 is 37 5%of$80,000), (a) Building decay that is hidden and because the sum of the loss payable from view, unless the presence of and debris removal expense ($79,500 + such decay is known to an $30,000 = $109,500) would exceed the insured prior to collapse, Limit of Insurance ($90,000) The addi- (b) Insect or vermin damage that is tional amount of covered debris removal hidden from view, unless the expense is $19,500 Thus the total presence of such damage is payable for debris removal expense in known to an insured prior to this example is the entire 30,000 collapse, b. Preservation Of Property (c) Use of defective material or If it i methods in construction, t necessary to move Covered remodeling or renovation if the Property from the described premises to preserve it from loss or damage by a abrupt collapse occurs during the Covered Cause of Loss, we will pay for course of the construction remodeling or renovation any direct physical loss of or damage to that property (d) Use of defective material or (1) While it is being moved or while methods in construction, temporarily stored at another location, remodeling or renovation if the and abrupt collapse occurs after the construction, remodeling or (2) Only if the loss or damage occurs renovation is complete, but only if within ninety (90) days after the the collapse is caused in part by property is first moved (i) A cause of loss listed in Para- c. Fire Department Service Charge graph(2)(a) or(2)(b); When the fire department is called to (ii) One or more of the "specified save or protect Covered Property from a causes of loss"; Covered Cause of Loss,we will pay up to $25,000, unless a different limit is shown (iii) Breakage of budding glass, in the Declarations, for your liability for (iv)Weight of people or personal fire department service charges property, or (1) Assumed by contract or agreement (v) Weight of rain that collects on prior to loss, or a roof (2) Required by local ordinance. (3) This Additional Coverage — Collapse d. Collapse does not apply to The coverage provided under this Addi- (a) A budding or any part of a tional Coverage — Collapse applies only building that is in danger of falling to an abrupt collapse as described and down or caving in, limited in Paragraphs d (1)through d.(7). PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc Page 4 of 48 (b) A part of a building that is The coverage stated in this standing, even if it has separated Paragraph (5) does not apply to from another part of the building, personal property if marring and/or or scratching is the only damage to that (c) A building that is standing or any personal property caused by the part of a building that is standing, collapse even if it shows evidence of (6) This Additional Coverage — Collapse cracking, bulging, sagging, bend- does not apply to personal property ing, leaning,settling, shrinkage or that has not abruptly fallen down or expansion caved in, even if the personal (4) With respect to the following property property shows evidence of cracking, bulging, sagging, bending, leaning, (a) Awnings, settling, shrinkage or expansion. (b) Gutters and downspouts; (7) This Additional Coverage — Collapse (c) Yard fixtures, will not increase the Limits of Insurance provided in this policy (d) Outdoor swimming pools; (8) The term Covered Cause of Loss (e) Piers, wharves and docks, includes the Additional Coverage — (f) Beach or diving platforms or Collapse as described and limited in Paragraphs d.(1)through d.(7). appurtenances, (g) Retaining walls, and e• Water Damage, Other liquids, Powder Or Molten Material Damage (h) Walks, roadways and other If loss or damage caused by or resulting paved surfaces; from covered water or other liquid, if an abrupt collapse is caused by a powder or molten material occurs, we will cause of loss listed in Paragraphs also pay the cost to tear out and replace (2)(a) through (2)(d), we will pay for any part of the budding or structure to loss or damage to that property only if repair damage to the system or appliance such loss or damage is a direct result from which the water or other substance of the abrupt collapse of a building escapes insured under this policy and the We will not pay the cost to repair any de- property is Covered Property under fect that caused the loss or damage; but this policy we will pay the cost to repair or replace (5) If personal property abruptly falls damaged parts of fire extinguishing down or caves in and such collapse is equipment if the damage not the result of abrupt collapse of a (1) Results in discharge of any building, we will pay for loss or substance from an automatic fire damage to Covered Property caused protection system, or by such collapse of personal property only if. (2) Is directly caused by freezing (a) The collapse of personal property f. Business Income was caused by a cause of loss listed in Paragraphs (2)(a) (1) Business Income through (2)(d) of this Additional (a) We will pay for the actual loss of Coverage, Business Income you sustain due (b) The personal property which col- to the necessary suspension of lapses is inside a budding,and your "operations" during the "period of restoration" The (c) The property which collapses is suspension must be caused by not of a kind listed in Paragraph direct physical loss of or damage (4), regardless of whether that to property at the described kind of property is considered to premises The loss or damage be personal property or real property PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 5 of 48 must be caused by or result from H. Executives; a Covered Cause of Loss With iii. Department Managers; respect to loss of or damage to personal property in the open or iv. Employees under con- personal property in a vehicle, tract, and the described premises include the area within 1,000 feet of the v. Additional Exemptions site at which the described shown in the Declara- premises are located tions as: With respect to the requirements • Job Classifications; set forth in the preceding or paragraph, if you occupy only • Employees. part of the site at which the described premises are located, (ii) Include. your premises means i. Payroll, (i) The portion of the building ii. Employee benefits, if which you rent, lease or directly related to payroll, occupy,and iii. FICA payments you pay; (ii) Any area within the building or on the site at which the iv. Union dues you pay, and described premises are v. Workers' compensation located, if that area services, premiums. or is used to gain access to, the described premises (2) Extended Business Income (b) We will only pay for loss of (a) If the necessary suspension of Business Income, including your "operations" produces a ordinary payroll expense, that Business Income loss payable you sustain during the "period of under this policy, we will pay for restoration" and that occurs the actual loss of Business within twelve (12) consecutive Income you incur during the months after the date of direct period that- physical loss or damage (i) Begins on the date property (c) Business Income means the: except finished stock is actually repaired, rebuilt or (i) Net Income (Net Profit or replaced and"operations" are Loss before income taxes) resumed, and that would have been earned or incurred if no physical loss (h) Ends on the earlier of or damage had occurred, but i. The date you could re- not including any Net Income store your "operations", that would likely have been with reasonable speed, to earned as a result of an in- the level which would crease in the volume of generate the Business business due to favorable Income amount that business conditions caused would have existed if no by the impact of the Covered direct physical loss or Cause of Loss on customers damage had occurred, or or on other businesses, and if. Ninety (90) consecutive (ii) Continuing normal operating days after the date expenses incurred, including determined in Paragraph payroll (a)(i) above, unless a (d) Ordinary payroll expenses greater number of con- secutive days is shown in (1) Means payroll expenses for the Declarations all your employees except i. Officers, PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 6 of 48 However, Extended Business In- (2) Extra Expense means expense come does not apply to loss of incurred Business Income incurred as a (a) To avoid or minimize the result of unfavorable business suspension of business and to conditions caused by the impact of the Covered Cause of Loss in continue"operations" the area where the described (1) At the described premises, or premises are located (ii) At replacement premises or (b) Loss of Business Income must be at temporary locations, in- caused by direct physical loss or cluding relocation expenses, damage at the described prem- and costs to equip and ises caused by or resulting from operate the replacement or any Covered Cause of Loss. temporary locations (3) With respect to the coverage (b) To minimize the suspension of provided in this Additional Coverage, business if you cannot continue suspension means "operations". (a) The partial slowdown or complete (c) To: cessation of your business activities, or (i) Repair or replace any property, or (b) That a part or all of the described premises is rendered untenant- (ii) Research, replace or restore able, if coverage for Business the lost information on dam- Income applies. aged "valuable papers and records'; (4) This Additional Coverage is not subject to the Limits of Insurance of to the extent it reduces the SECTION I—PROPERTY amount of loss that otherwise would have been payable under g. Extra Expense this Additional Coverage or (1) We will pay necessary Extra Expense Additional Coverage f. Business you incur during the "period of Income restoration" that you would not have (3) With respect to the coverage incurred if there had been no direct provided in this Additional Coverage, physical loss or damage to property suspension means at the described premises The loss or damage must be caused by or o(a) The partial s cessation slowdown your business or complete result from a Covered Cause of Loss activities;or With respect to loss of or damage to personal property in the open or (b) That a part or all of the described personal property in a vehicle, the premises is rendered untenant- described premises include the area able, if coverage for Business within 1,000 feet of the site at which Income applies the described premises are located. (4) We will only pay for Extra Expense With respect to the requirements set that occurs within twelve (12) forth in the preceding paragraph, if consecutive months after the date of you occupy only part of the site at direct physical loss or damage This which the described premises are Additional Coverage is not subject to located, your premises means the Limits of Insurance of SECTION I (a) The portion of the building which —PROPERTY you rent, lease or occupy, and (b) Any area within the building or on the site at which the described premises are located, if that area services, or is used to gain access to, the described premises PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc Page 7 of 48 h. Pollutant Clean-up And Removal Civil Authority coverage for necessary We will pay your expense to extract Extra Expense will begin immediately "pollutants" from land or water at the after the time of the first action of civi' described premises if the discharge, authority that prohibits access to the dispersal, seepage, migration, release or described premises and will end: escape of the "pollutants" is caused by or (1) Four (4) consecutive weeks after the results from a Covered Cause of Loss date of that action, or that occurs during the policy period The expenses will be paid only if they are (2) When your Civil Authority coverage reported to us in writing within one for Business Income ends, hundred eighty (180) days of the date on whichever is later. which the Covered Cause of Loss occurs The definitions of Business Income and This Additional Coverage does not apply Extra Expense contained in the Business to costs to test for, monitor or assess the Income and Extra Expense Additional existence, concentration or effects of Coverages also apply to this Civil "pollutants". But we will pay for testing Authority Additional Coverage The Civil which is performed in the course of Authority Additional Coverage is not extracting the"pollutants"from the land or subject to the Limits of Insurance of water. SECTION I—PROPERTY The most we will pay for each location j. Money Orders And "Counterfeit under this Additional Coverage is$25,000 Money" for the sum of all such expenses arising out of Covered Causes of Loss occurring We will pay for loss resulting directly from during each separate twelve (12) month your having accepted in good faith, in ex- period of this policy change for merchandise, "money" or services i. Civil Authority (1) Money orders issued by any post When a Covered Cause of Loss causes office, express company or bank that damage to property other than property at are not paid upon presentation, or the described premises, we will pay for the actual loss of Business Income you (2) "Counterfeit money" that is acquired sustain and necessary Extra Expense during the regular course of business caused by action of civil authority that The most we will pay for any loss under prohibits access to the described this Additional Coverage is$1,000 premises, provided that both of the following apply k. Forgery Or Alteration (1) Access to the area immediately sur- (1) We will pay for loss resulting directly rounding the damaged property is from forgery or alteration of, any prohibited by civil authority as a result check, draft, promissory note, bill of of the damage, and the described exchange or similar written promise premises are within that area but are of payment in "money", that you or not more than one hundred miles your agent has issued, or that was from the damaged property, and issued by someone who imperson- (2) The action of civil authority is taken in ates you or your agent response to dangerous physical (2) If you are sued for refusing to pay the conditions resulting from the damage check, draft, promissory note, bill of or continuation of the Covered Cause exchange or similar written promise of Loss that caused the damage, or of payment in "money", on the basis the action is taken to enable a civil that it has been forged or altered, and authority to have unimpeded access you have our written consent to to the damaged property defend against the suit, we will pay Civil Authority coverage for Business In- for any reasonable legal expenses come will begin twenty-four (24) hours that you incur in that defense after the time of the first action of civil (3) For the purpose of this coverage, authority that prohibits access to the check includes a substitute check as described premises and will apply for a defined in the Check Clearing for thr period of up to four(4)consecutive weeks 21st Century Act, and will be treater, from the date on which such coverage began the same as the original it replaced PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 8 of 48 (4) The most we will pay for any loss, in- (6) The most we will pay under this Addi- cluding legal expenses, under this tional Coverage, for each described Additional Coverage is$2,500, unless building insured under SECTION I — a higher Limit of Insurance is shown PROPERTY, is $10,000 If a dam- in the Declarations aged budding(s) is covered under a I. Increased Cost Of Construction blanket Limit of Insurance which applies to more than one budding or (1) This Additional Coverage applies only item of property, then the most we will to buildings insured on a replacement pay under this Additional Coverage, cost basis for each damaged building, is (2) In the event of damage by a Covered $10,000 Cause of Loss to a budding that is The amount payable under this Covered Property, we will pay the Additional Coverage is additional increased costs incurred to comply insurance with enforcement of an ordinance or (7) With respect to this Additional law in the course of repair, rebuilding Coverage: or replacement of damaged parts of that property, subject to the limi- (a) We will not pay for the Increased tations stated in Paragraphs (3) Cost of Construction through (9) of this Additional (1) Until the property is actually Coverage repaired or replaced, at the (3) The ordinance or law referred to in same or another premises, Paragraph (2) of this Additional Cov- and erage is an ordinance or law that regulates the construction or repair of (ii) Unless the repairs or replace- regulates or establishes zoning or rnent are made as soon as land use requirements at the des- reasonably possible after the ex- cribed premises, and is in force at the loss or damage, not time of loss ceed two (2) years. Wee may extend this period in writing (4) Under this Additional Coverage, we during the two(2)years will not pay any costs due to an ordinance or law that (b) If the building is repaired or replaced at the same premises, (a) You were required to comply with or if you elect to rebuild at before the loss, even when the another premises, the most we building was undamaged, and will pay for the Increased Cost of (b) You faded to comply with Construction is the increased cost of construction at the same (5) Under this Additional Coverage, we premises will not pay for (c) If the ordinance or law requires (a) The enforcement of any ordi- relocation to another premises, nance or law which requires the most we will pay for the demolition, repair, replacement, Increased Cost of Construction is reconstruction, remodeling or the increased cost of construction remediation of property due to at the new premises contamination by "pollutants" or (8) This Additional Coverage is not due to the presence, growth, subject to the terms of the Ordinance proliferation, spread or any Or Law Exclusion, to the extent that activity of "fungi", wet rot or dry such Exclusion would conflict with the rot, or provisions of this Additional (b) Any costs associated with the en- Coverage. forcement of an ordinance or law which requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess the effects of"pollutants", "fungi", wet rot or dry rot PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc Page 9 of 48 (9) The costs addressed in the Loss Pay- (a) Deliver materials or services to ment Property Loss Condition in you, or to others for your account SECTION I — PROPERTY do not But services does not mear include the increased cost attributable water, communication or powe. to enforcement of an ordinance or supply services, law The amount payable under this Additional Coverage, as stated in (b) Accept your products or services; Paragraph (6) of this Additional (c) Manufacture your products for Coverage, is not subject to such delivery to your customers under limitation contract for sale, or m. Business Income and Extra Expense (d) Attract customers to your From Dependent Properties business (1) We will pay for the actual loss of The dependent property must be Business Income and Extra Expense located in the coverage territory of you sustain due to physical loss or this policy damage at the premises of a dependent property caused by or (6) The coverage period for Business In- resulting from any Covered Cause of come under this Additional Coverage Loss (a) Begins twenty-four (24) hours However, this Additional Coverage after the time of direct physical does not apply when the only loss to loss or damage caused by or dependent property is loss or damage resulting from any Covered to "electronic data", including de- Cause of Loss at the premises of struction or corruption of "electronic the dependent property, and data" If the dependent property (b) Ends on the date when the sustains loss or damage to "elec- property at the premises of the tronic data" and other property, dependent property should be coverage under this Additional repaired, rebuilt or replaced with Coverage will not continue once the reasonable speed and similar other property is repaired, rebuilt or quality replaced (7) The Business Income coverage per- The most we will pay under this Addi- iod, as stated in Paragraph (5), does tional Coverage is $5,000 unless a not include any increased period higher Limit of Insurance is indicated required due to the enforcement of in the Declarations any ordinance or law that (2) We will reduce the amount of your (a) Regulates the construction, use Business Income loss, other than or repair, or requires the tearing Extra Expense, to the extent you can down of any property, or resume 'operations", in whole or in part, by using any other available (b) Requires any insured or others to test for, monitor, clean up, (a) Source of materials, or remove, contain, treat, detoxify or (b) Outlet for your products neutralize, or in any way respond to, or assess the effects of (3) We will reduce the amount of your "pollutants" Extra Expense loss to the extent you The expiration date of this policy will can return 'operations" to normal and discontinue such Extra Expense not reduce the Business Income coverage period (4) If you do not resume "operations",, or do not resume operations" as quickly (8) The definitions of Business Income as possible, we will pay based on the and Extra Expense contained in the Cover- length of time it would have taken to Business Income Additional Cover- resume 'operations" as quickly as age and Extra Expense Additional possible Coverage also applies to this Business Income and Extra Expense (5) Dependent property means property From Dependent Properties Addi- owned by others whom you depend tional Coverage on to PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc Page 10 of 48 n. Glass Expenses (2) The Covered Causes of Loss (1) We will pay for expenses incurred to applicable to Business Personal put up temporary plates or board up Property include a computer virus, openings if repair or replacement of harmful code or similar instruction damaged glass is delayed. introduced into or enacted on a com- puter system (including "electronic (2) We will pay for expenses incurred to data") or a network to which it is con- remove or replace obstructions when nected, designed to damage or repairing or replacing glass that is destroy any part of the system or part of a building This does not disrupt its normal operation But there include removing or replacing window is no coverage for loss or damage displays caused by or resulting from manipulation of a computer system o. Fire Extinguisher Systems Recharge (including "electronic data") by any Expense employee, including a temporary or (1) We will pay- leased employee, or by an entity re- (a) The cost of recharging or replac- tained by you, or for you, to inspect, ing, whichever is less, your fire design, install, maintain, extinguishers and fire extinguish- repair or replace thaatt system ing systems (including hydrostatic (3) The most we will pay under this Addi- testing if needed) if they are dis- tional Coverage — Electronic Data for charged on or within 1,000 feet of all loss or damage sustained in any the described premises, and one policy year, regardless of the (b) For loss or damage to Covered number of occurrences of loss or Property if such loss or damage damage or the number of premises, is the result of an accidental locations or computer systems 0 discharge of chemicals from a fire involved, is unless a higher extinguisher or a fire extinguish- Limit of Insuurancerance is shown in the ing system Declarations. If loss payment on the first occurrence does not exhaust this (2) No coverage will apply if the fire amount, then the balance is available extinguishing system is discharged for subsequent loss or damage during installation or testing sustained in, but not after, that policy (3) The most we will pay under this Addi- year With respect to an occurrence which begins in one policy year and tional Coverage is $10,000 in any one continues or results in additional loss occurrence or damage in a subsequent policy p. Electronic Data year(s), all loss or damage is deemed to be sustained in the policy year in (1) Subject to the provisions of this Addi- which the occurrence began tional Coverage, we will pay for the cost to replace or restore "electronic q. Interruption Of Computer Operations data" which has been destroyed or (1) Subject to all provisions of this Addi- corrupted by a Covered Cause of tional Coverage, you may extend the Loss To the extent that "electronic data" is not replaced or restored, the insurance that applies to Business loss will be valued at the cost of to Income and Extra Expense apply replacement of the media on which a suspension of "operationsr c the "electronic data" was stored, with caused by an interruption in computer operations due to destruction or blank media of substantially identical type corruption of "electronic data" due to a Covered Cause of Loss (2) With respect to the coverage pro- vided under this Additional Coverage, the Covered Causes of Loss are subject to the following PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 11 of 48 (a) Coverage under this Additional (4) This Additional Coverage — Interrup- Coverage — Interruption Of tion Of Computer Operations does Computer Operations is limited to not apply to loss sustained or the "specified causes of loss"and expense incurred after the end of the Collapse. "penod of restoration", even if the (b) If the Businessowners Coverage amount of insurance stated in (3) Form is endorsed to add a Cov- above has not been exhausted ered Cause of Loss, the addi- (5) Coverage for Business Income does tional Covered Cause of Loss not apply when a suspension of does not apply to the coverage "operations" is caused by destruction provided under this Additional or corruption of "electronic data", or Coverage any loss or damage to "electronic (c) The Covered Causes of Loss data", except as provided under include a computer virus, harmful Paragraphs (1) through (4) of this code or similar instruction intro- Additional Coverage duced into or enacted on a (6) Coverage for Extra Expense does not computer system (including "elec- apply when action is taken to avoid or tronic data") or a network to minimize a suspension of "opera- which it is connected, designed to tions" caused by destruction or cor- damage or destroy any part of ruption of "electronic data", or any the system or disrupt its normal loss or damage to "electronic data", operation But there is no cover- except as provided under Paragraphs age for an interruption related to (1) through (4) of this Additional manipulation of a computer Coverage system (including "electronic data")by any employee, including r. Limited Coverage For"Fungi",Wet Rot a temporary or leased employee, Or Dry Rot or by an entity retained by you, or (1) The coverage described in Para- for you, to inspect, design, install, graphs r.(2) and r.(6) only applies modify, maintain, repair or re- when the"fungi",wet rot or dry rot arc place that system the result of a "specified cause o, loss" other than fire or lightning that tional Coverage — Interruptionn O Of(3) The most we will pay under this occurs during the policy period and f Computer Operations for all loss only if all reasonable means were sustained and expense incurred in used to save and preserve the any one policy year, regardless of the property from further damage at the number of interruptions or the number time of and after that occurrence of premises, locations or computer (2) We will pay for loss or damage by systems involved, is$10,000 unless a "fungi", wet rot or dry rot As used in higher Limit of Insurance is shown in this Limited Coverage, the term loss the Declarations If loss payment or damage means- relating to the first interruption does not exhaust this amount, then the (a) Direct physical loss or damage to balance is available for loss or Covered Property caused by expense sustained or incurred as a "fungi", wet rot or dry rot, result of subsequent interruptions in including the cost of removal of that policy year A balance remaining the"fungi", wet rot or dry rot, at the end of a policy year does not (b) The cost to tear out and replace increase the amount of insurance in any part of the building or other the next policy year With respect to property as needed to gain any interruption which begins in one access to the "fungi", wet rot or policy year and continues or results in dry rot, and additional loss or expense in a subsequent policy year(s), all loss and expense is deemed to be sustained or incurred in the policy year in which the interruption began. PPS 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 12 of 48 (c) The cost of testing performed (6) The following applies only if Business after removal, repair, replace- Income and/or Extra Expense Cover- ment or restoration of the dam- age applies to the described prem- aged property is completed, ises and only if the suspension of provided there is a reason to "operations" satisfies all the terms believe that "fungi", wet rot or dry and conditions of the applicable rot are present Business Income and/or Extra (3) The coverage described under this Expense Additional Coverage Limited Coverage is limited to (a) If the loss which resulted in $15,000. Regardless of the number of "fungi",wet rot or dry rot does not claims, this limit is the most we will in itself necessitate a suspension pay for the total of all loss or damage of "operations", but such suspen- arising out of all occurrences of sion is necessary due to loss or "specified causes of loss" (other than damage to property caused by fire or lightning)which take place in a "fungi",wet rot or dry rot, then our twelve (12) month period (starting payment under the Business with the beginning of the present Income and/or Extra Expense is annual policy period) With respect to limited to the amount of loss a particular occurrence of loss which and/or expense sustained in a results in "fungi", wet rot or dry rot, period of not more than thirty(30) we will not pay more than the total of days The days need not be $15,000 even if the "fungi", wet rot or consecutive dry rot continues to be present or (b) If a covered suspension of active, or recurs, in a later policy "operations" was caused by loss period. or damage other than "fungi", wet (4) The coverage provided under this rot or dry rot, but remediation of Limited Coverage does not increase "fungi", wet rot or dry rot prolongs the applicable Limit of Insurance on the "period of restoration", we will any Covered Property If a particular pay for loss and/or expense sus- occurrence results in loss or damage tained during the delay (regard- by "fungi", wet rot or dry rot, and less of when such a delay occurs other loss or damage, we will not pay during the "period of restoration"), more, for the total of all loss or but such coverage is limited to damage, than the applicable Limit of thirty (30) days The days need Insurance on the affected Covered not be consecutive Property s. Expediting Expenses If there is covered loss or damage to (1) We will pay for the reasonable and Covered Property, not caused by necessary additional expenses you "fungi", wet rot or dry rot, loss incur for direct physical loss of or payment will not be limited by the damage to Covered Property caused terms of this Limited Coverage, by or resulting from a Covered Cause except to the extent that "fungi", wet rot or dry rot causes an increase in of Loss, to make temporary repairs, the loss Any such increase in the expedite permanent repairs, or loss will be subject to the terms of this expedite permanent replacement, at Limited Coverage the premises sustaining loss or dam- age Expediting expenses include (5) The terms of this Limited Coverage overtime wages and the extra cost of do not increase or reduce the express or other rapid means of coverage provided under the Water transportation Expediting expenses Damage, Other Liquids, Powder Or do not include expenses you incur for Molten Material Damage or Collapse the temporary rental of property or Additional Coverages temporary replacement of damaged property PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 13 of 48 (2) This Additional Coverage does not (a) Your new buildings while being apply to the Optional Coverage for built on the described premises, Equipment Breakdown Protection and Coverage (b) Buildings you acquire at premises (3) The most we will pay under this other than the one described, Additional Coverage is $25,000 in intended for: any one occurrence (i) Similar use as the building t. Claims Data Expense described in the Declarations, (1) We will pay the reasonable expenses or you incur in preparing claim data (ii) Use as a warehouse. when we require such data to show The most we will pay for loss or the extent of loss This includes the damage under this Extensors is cost of taking inventories, making appraisals, preparing income $250,000 at each building statements, and preparing other (2) Business Personal Property documentation If this policy covers Business (2) Under this Additional Coverage, we Personal Property, you may extend will not pay for, that insurance to apply to. (a) Any expenses incurred, directed, (a) Business Personal Property, or billed by or payable to including such property that you attorneys, insurance adjusters or newly acquire, at any location their associates or subsidiaries, you acquire, (b) Any costs in connection with (b) Business Personal Property, Paragraph E.2.,Appraisal, or including such property that you (c) Any expenses incurred, directed, newly acquire located at your or billed by or payable to newly constructed or acquired insurance brokers or agents, or buildings at the location their associates or subsidiaries, described in the Declarations, or without our written consent prior (c) Business Personal Property that to such expenses being incurred you newly acquire, located at the (3) The most we will pay for preparation described premises of claim data under this Additional This Extension does not apply to per- Cover in any one occurrence is sonal property that you temporarily $10,000 regardless of the number of acquire in the course of installing or premises involved performing work on such property or 6. Coverage Extensions your wholesale activities In addition to the Limits of Insurance of The most we will pay for loss or SECTION I — PROPERTY, you may extend damage under this Extension is the insurance provided by this policy as $100,000 at each building provided below (3) Period Of Coverage Except as otherwise provided, the following With respect to insurance on or at Extensions apply to property located in or on each newly acquired or constructed the building described in the Declarations or property, coverage will end when any in the open (or in a vehicle) within 1,000 feet of the following first occurs of the described premises (a) This policy expires, a. Newly Acquired Or Constructed (b) One hundred eighty (180) days Property expire after you acquire the (1) Buildings property or begin construction of If this policy covers Buildings, you that part of the building that may extend that insurance to apply would qualify as covered to, property, or (c) You report values to us ; or PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc Page 14 of 48 (d) The property is more specifically e. Valuable Papers And Records insured (1) You may extend the insurance that We will charge you additional applies to Business Personal premium for values reported from the Property to apply to direct physical date you acquire the property or loss or damage to "valuable papers begin construction of that part of the and records"that you own, or that are budding that would qualify as covered in your care, custody or control property caused by or resulting from a b. Personal Property Off-Premises Covered Cause of Loss This Coverage Extension includes the cost You may extend the insurance provided to research, replace or restore the by this policy to apply to your Covered lost information on "valuable papers Property, other than "money" and and records" for which duplicates do "securities", "valuable papers and not exist records" or accounts receivable, while- it (2) This Coverage Extension does not is in the course of transit or at a premises apply to. you do not own, lease or operate The most we will pay for loss or damage (a) Property held as samples or for under this Extension is$10,000 delivery after sale, and c. Outdoor Property (b) Property in storage away from (1) You may extend the insurance the premises shown in the provided by this policy to apply to Declarations direct physical loss of or damage to (3) The most we will pay under this the following types of outdoor Coverage Extension for loss or property at the described premises damage to "valuable papers and caused by or resulting from a records" in any one occurrence at the Covered Cause of Loss described premises is $10,000, (a) Radio and television antennas unless a higher Limit of Insurance for "valuable papers and records" is (including satellite dishes), shown in the Declarations (b) Bridges, walks, roadways, patios For"valuable papers and records" not and other paved surfaces, or at the described premises the most (c) Trees, shrubs, plants,and lawns. we will pay is$5,000, (2) The most we will pay for loss or (4) Loss or damage to "valuable papers damage under this Extension is and records" will be valued at the $2,500 at each described location, cost of restoration or replacement of unless a higher Limit of Insurance for the lost or damaged information To Outdoor Property is shown in the the extent that the contents of the Declarations, but not more than "valuable papers and records"are not $1,000 for any one tree, shrub, plant, restored, the "valuable papers and or lawn records" will be valued at the cost of d. Personal Effects replacement with blank materials of substantially identical type You may extend the insurance that (5) Paragraph B. Exclusions in applies to Business Personal Property to SECTION I — PROPERTY does not apply to personal effects owned by you, apply to this Coverage Extension your officers, your partners or"members", except for- your "managers" or your employees This extension does not apply to: (a) Paragraph B.1.c., Governmental (1) Tools or equipment used in your busl- Action, ness, or (b) Paragraph B.1.d., Nuclear (2) Loss or damage by theft. Hazard, The most we will pay for loss or damage (c) Paragraph B.1.f., War And under this Extension is $2,500 at each Military Action, described premises PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 15 of 48 (d) Paragraph B 21, Dishonesty; (f) Paragraph B 3.; and (e) Paragraph B.2.g., False (g) Paragraph B.6., Accounts Pretense, Receivable Exclusion (f) Paragraph B.2.m.(2), Errors Or g. Outdoor Signs Omissions, and (1) If you are the building owner and a (g) Paragraph B.3. limit of insurance is shown in the f. Accounts Receivable declarations for Building, you may extend that insurance to apply to (1) You may extend the insurance that direct physical loss of or damage to applies to Business Personal outdoor signs. Property to apply to accounts (a) Owned by you;or receivable We will pay. (a) All amounts due from your (b) Owned by others but in your customers that you are unable to care, custody or control collect, (2) If you are a tenant and a limit of (b) Interest charges on any loan re- insurance is shown in the quired to offset amounts you are declarations for Business Personal unable to collect pending our Property, you may extend this payment of these amounts, insurance to apply to direct physical loss of or damage to outdoor signs (c) Collection expenses in excess of your normal collection expenses (a) Owned by you, or that are made necessary by loss (b) Owned by others that you are or damage, and contractually obligated to repair (d) Other reasonable expenses that or replace you incur to reestablish your (3) Paragraph A.3 , Covered Causes Of records of accounts receivable, Loss, and Paragraph B. Exclusions that result from direct physical loss or in SECTION I — PROPERTY, do not damage by any Covered Cause of apply to this Coverage Extension Loss to your records of accounts except for receivable (a) Paragraph B.1.c., Governmental (2) The most we will pay under this Action, Coverage Extension for loss or (b) Paragraph B.1.d., Nuclear damage in any one occurrence at the Hazard, and described premises is $10,000, (c) Paragraph B.1.f., War And unless a higher Limit of Insurance for Military Action accounts receivable is shown in the Declarations (4) We will not pay for loss or damage For accounts receivable not at the de- caused by or resulting from- scribed premises, the most we will (a) Wear and tear, pay is $5,000 (b) Hidden or latent defect, (3) Paragraph B. Exclusions in SECTION I — PROPERTY does not (c) Rust, apply to this Coverage Extension (d) Corrosion, or except for. (e) Mechanical breakdown (a) Paragraph B.1.c., Governmental Action, h. Appurtenant Buildings (b) Paragraph 13.1A., Nuclear (1) If this policy covers Building, you may Hazard, extend that insurance to apply to direct physical loss or damage to (c) Paragraph B.1.f., War And "appurtenant buildings" owned by Military Action, you, or owned by others that you are (d) Paragraph B.2.f., Dishonesty, contractually obligated to repair or replace (e) Paragraph B.2.g., False Pretense, PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 16 of 48 (2) If this policy covers Business b. Earth Movement Personal Property, you may extend (1) Earthquake, including any earth sinking, that insurance to apply to direct physical loss or damage to Business rising or shifting related to such event, Personal Property located in or on (2) Landslide, including any earth sinking, "appurtenant buildings" rising or shifting related to such event, (3) "Appurtenant buildings" are buildings (3) Mine subsidence, meaning subsidence of or structures, for which no limit of a man-made mine, whether or not mining insurance is shown, that are located activity has ceased, on or within 1,000 feet of premises described in the Declarations, (4) Earth sinking (other than sinkhole soi- includmg, lapse), rising or shifting including soil conditions which cause settling, cracking (a) Storage buildings, or other disarrangement of foundations or (b) Carports; other parts of realty Sod conditions include contraction, expansion, freezing, (c) Garages; thawing, erosion, improperly compacted (d) Pump houses;or sod and the action of water under the ground surface. (a) Above ground tanks; But if Earth Movement, as described in (4) The most we will pay for loss or Paragraphs (1) through (4) above, results in damage under this Coverage fire or explosion, we will pay for the loss or Extension in any one occurrence for damage caused by that fire or explosion any combination of physical loss or (5) Volcanic eruption, explosion or effusion damage is $50,000 But if volcanic eruption, explosion or ef- B. Exclusions fusion results in fire, building glass 1. We will not pay for loss or damage caused breakage or volcanic action, we will pay directly or indirectly by any of the following Such for the loss or damage caused by that loss or damage is excluded regardless of any fire, building glass breakage or volcanic other cause or event that contributes concurrently action or in any sequence to the loss These exclusions Volcanic action means direct loss or apply whether or not the loss event results in damage resulting from the eruption of a widespread damage or affects a substantial area volcano when the loss or damage is a. Ordinance Or Law caused by. (1) The enforcement of any ordinance or law- (a) Airborne volcanic blast or airborne shock waves; (a) Regulating the construction, use or repair of any property, or (b) Ash, dust or particulate matter, or (b) Requiring the tearing down of any (c) Lava flow property, including the cost of remov- All volcanic eruptions that occur within ing its debris any one hundred sixty-eight (168) hour (2) This exclusion, Ordinance Or Law, ap- period will constitute a single occurrence plies whether the loss results from- Volcanic action does not include the cost (a) An ordinance or law that is enforced to remove ash, dust or particulate matter even if the property has not been that does not cause direct physical loss of damaged, or or damage to Covered Property (b) The increased costs incurred to c. Governmental Action comply with an ordinance or law in Seizure or destruction of property by order of the course of construction, repair, governmental authority renovation, remodeling or demolition But we will pay for loss or damage caused by of property or removal of its debris, or resulting from acts of destruction ordered following a physical loss to that by governmental authority and taken at the property time of a fire to prevent its spread, if the fire would be covered under this policy PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 17 of 48 d. Nuclear Hazard g. Water Nuclear reaction or radiation, or radioactive (1) Flood, surface water, waves (including contamination, however caused tidal wave and tsunami), tides, tidal water But if nuclear reaction or radiation, or radio- overflow of any body of water, or spray active contamination, results in fire, we will from any of these, all whether or not pay for the loss or damage caused by that driven by wind (including storm surge), fire (2) Mudslide or mudflow, e. Utility Services (3) Water that backs up or overflows or is The failure of power, communication, water or otherwise discharged from a sewer, drain, other utility service supplied to the described sump, sump pump or related equipment, premises, however caused, if the failure (4) Water under the ground surface pressing (1) Originates away from the described on, or flowing or seeping through premises,or (a) Foundations, walls, floors or paved (2) Originates at the described premises, but surfaces, only if such failure involves equipment (b) Basements, whether paved or not, or used to supply the utility service to the described premises from a source away (c) Doors, windows or other openings; or from the described premises (5) Waterborne material carried or otherwise Failure of any utility service includes lack of moved by any of the water referred to in sufficient capacity and reduction in supply Paragraph (1), (3) or (4), or material carried or otherwise moved by mudslide Loss or damage caused by a surge of power or mudflow is also excluded, if the surge would not have This exclusion applies regardless of whether occurred but for an event causing a failure of any of the above, in Paragraphs (1) through power (5), is caused by an act of nature or is But if the failure or surge of power, or the otherwise caused An example of a situation failure of communication, water or other utility to which this exclusion applies is the situation service, results in a Covered Cause of Loss, where a dam, levee, seawall or othel we will pay for the loss or damage caused by boundary or containment system fails in that Covered Cause of Loss whole or in part, for any reason, to contain the Communication services include but are not water limited to service relating to Internet access or But if any of the above, in Paragraphs (1) access to any electronic, cellular or satellite through (5), results in fire, explosion or network sprinkler leakage, we will pay for the loss or This exclusion does not apply to loss or damage caused by that fire, explosion or damage to "computer(s)" and "electronic sprinkler leakage data" h. Certain Computer-related Losses If. War And Military Action (1) The failure, malfunction or inadequacy of. (1) War, including undeclared or civil war, (a) Any of the following, whether belong- (2) Warlike action by a military force, includ- ing to any insured or to others ing action in hindering or defending (i) "Computer" hardware, including against an actual or expected attack, by microprocessors or other elec- any government, sovereign or other au- tronic data processing equipment thority using military personnel or other as may be described elsewhere agents, or in this policy, (3) Insurrection, rebellion, revolution, usur- (ii) "Computer" application software ped power, or action taken by govern- or other "electronic data" as may mental authority in hindering or defending be described elsewhere in this against any of these policy, PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 18 of 48 (III)"Computer" operating systems j. Virus Or Bacteria and related software, (1) Any virus, bacterium or other microor- (iv)"Computer"networks; ganism that induces or is capable of (v) Microprocessors ("computer" inducing physical distress, illness or chips) not part of any "computer" disease system, or (2) However, the exclusion in Paragraph (vi)Any other computerized or elec- (1) does not apply to loss or damage tronic equipment or components, caused by or resulting from "fungi", or wet rot or dry rot Such loss or damage is addressed in Exclusion i.; (b) Any other products, and any services, (3) With respect to any loss or damage data or functions that directly or subject to the exclusion in Paragraph indirectly use or rely upon, in any (1), such exclusion supersedes any manner, any of the items listed in exclusion relating to"pollutants" Paragraph (a)above; due to the inability to correctly recognize, 2. We will not pay for loss or damage caused by distinguish, interpret or accept one or or resulting from any of the following more dates or times An example is the a. Electrical Apparatus inability of computer software to recog- nize the year 2000. Artificially generated electrical, magnetic or electromagnetic energy that damages, (2) Any advice, consultation, design, evalu- disturbs, disrupts or otherwise interferes ation, inspection, installation, main- with any tenance, repair, replacement or supervi- (1) Electrical or electronic wire, device, sion provided or done by you or for you to determine, rectify or test for, any potential appliance, system or network, or or actual problems described in Para- (2) Device, appliance, system or network graph (1)above. utilizing cellular or satellite However, if excluded loss or damage, as technology described in Paragraph (1) above results in a For the purpose of this exclusion, elec- "specified cause of loss" under SECTION I — trical, magnetic or electromagnetic energy PROPERTY, we will pay only for the loss or includes but is not limited to damage caused by such "specified cause of loss" (1) Electrical current, including arcing; We will not pay for repair, replacement or (2) Electrical charge produced or modification of any items in Paragraph (1)(a) conducted by a magnetic or electro- or(1)(b)to correct any deficiencies or change magnetic field, any features. (3) Pulse of electromagnetic energy,or 1. "Fungi",Wet Rot Or Dry Rot (4) Electromagnetic waves or micro- Presence, growth, proliferation, spread or any waves. activity of"fungi", wet rot or dry rot But if fire results, we will pay for the loss But if "fungi", wet rot or dry rot result in a or damage caused by fire "specified cause of loss", we will pay for the We will pay for loss or damage to "com- loss or damage caused by that "specified puter(s)"due to artificially generated elec- cause of loss" trical, magnetic or electromagnetic energy This exclusion does not apply. if such loss or damage is caused by or re- sults from (1) When "fungi", wet rot or dry rot result from fire or lightning, or (1) An occurrence that took place within 1000 feet of the described premises; (2) To the extent that coverage is provided in or the Limited Coverage For "Fungi", Wet Rot Or Dry Rot Additional Coverage, with (2) Interruption of electric power supply, respect to loss or damage by a cause of power surge, blackout or brownout if loss other than fire or lightning the cause of such occurrence took place within 1,000 feet of the described premises PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 19 of 48 b. Consequential Losses g. False Pretense Delay, loss of use or loss of market Voluntary parting with any property by you or c. Smoke, Vapor, Gas anyone else to whom you have entrusted th( property if induced to do so by any fraudulent Smoke, vapor or gas from agricultural scheme, trick,device or false pretense smudging or industrial operations h. Exposed Property d. Steam Apparatus Rain, snow, ice or sleet to personal property Explosion of steam boilers, steam pipes, in the open steam engines or steam turbines owned or i. Collapse leased by you, or operated under your con- trol But if explosion of steam boilers, steam (1) Collapse, including any of the following pipes, steam engines or steam turbines re- conditions of property or any part of the sults in fire or combustion explosion, we will property pay for the loss or damage caused by that fire or combustion explosion. We will also pay for (a) An abrupt falling down or caving in; loss or damage caused by or resulting from (b) Loss of structural integrity, including the explosion of gases or fuel within the separation of parts of the property or furnace of any fired vessel or within the flues property in danger of falling down or or passages through which the gases of caving in, or combustion pass (c) Any cracking, bulging, sagging, e. Frozen Plumbing bending, leaning, settling, shrinkage Water, other liquids, powder or molten ma- or expansion as such condition re- terial that leaks or flows from plumbing, lates to Paragraph i (1)(a)or L(1)(b). heating, air conditioning or other equipment But if collapse results in a Covered Cause (except fire protective systems) caused by or of Loss at the described premises, we will resulting from freezing, unless pay for the loss or damage caused by (1) You do your best to maintain heat in the that Covered Cause of Loss building or structure, or (2) This Exclusion i., does not apply: (2) You drain the equipment and shut off the (a) To the extent that coverage is pro- supply if the heat is not maintained vided under the Additional Coverage f. Dishonesty —Collapse, or Dishonest or cnmmal acts by you, anyone (b) To collapse caused by one or more of else with an interest in the property, or any of the following your or their partners, "members", officers, (1) The "specified causes of loss", "managers", employees, directors, trustees, authorized representatives or anyone to (ii) Breakage of building glass, whom you entrust the property for any (ill)Weight of rain that collects on a purpose roof, or (1) Acting alone or in collusion with others; or (iv)Weight of people or personal (2) Whether or not occurring during the hours property of employment J. Pollution This exclusion does not apply to acts of de- We will not pay for loss or damage caused by struction by your employees, but theft by or resulting from the discharge, dispersal, employees is not covered seepage, migration, release or escape of With respect to accounts receivable and "pollutants" unless the discharge, dispersal, "valuable papers and records", this exclusion seepage, migration, release or escape is itself does not apply to carriers for hire caused by any of the 'specified causes of loss" But if the discharge, dispersal, This exclusion does not apply to coverage seepage, migration, release or escape of that is provided under the Employee Dis- "pollutants" results in a "specified cause of honesty Optional Coverage. loss", we will pay for the loss or damage caused by that"specified cause of loss". PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 20 of 48 k. Neglect However, we will pay for direct physical loss Neglect of an insured to use all reasonable or damage caused by resulting fire or ex- I means to save and preserve property from plosion if these causes of loss would be further damage at and after the time of loss covered by this coverage form I. Other Types Of Loss o. Electrical Disturbance (1) Wear and tear, Electrical or magnetic injury, disturbance or erasure of electronic data", except as pro- (2) Rust or other corrosion, decay, deterio- vided for under the Additional Coverages of ration, hidden or latent defect or any SECTION I—PROPERTY, quality in property that causes it to dam- However, we will pay for direct loss or dam- age or destroy itself, age caused by lightning (3) Smog, p. Continuous Or Repeated Seepage Or (4) Settling,cracking, shrinking or expansion; Leakage Of Water (5) Nesting or infestation, or discharge or Continuous or repeated seepage or leakage release of waste products or secretions, of water, or the presence or condensation of by insects, birds, rodents or other humidity, moisture or vapor, that occurs over animals, a period of fourteen (14)days or more (6) Mechanical breakdown, including rupture 3. We will not pay for loss or damage caused by or or bursting caused by centrifugal force. resulting from any of the following Paragraphs a. This exclusion does not apply with re- through c. But if an excluded cause of loss that is spect to the breakdown of"computer(s)", listed in Paragraphs a. through c. results in a (7) The following causes of loss to personal Covered Cause of Loss,we will pay for the loss or property damage caused by that Covered Cause of Loss (a) Dampness or dryness of atmosphere; a. Weather Conditions (b) Changes in or extremes of tempera- Weather conditions But this exclusion only ture, or applies if weather conditions contribute in any way with a cause or event excluded in (c) Marring or scratching. Paragraph 13.1. above to produce the loss or But if an excluded cause of loss that is listed damage in Paragraphs(1)through (7) above results in b. Acts Or Decisions a "specified cause of loss" or building glass Acts or decisions, including the failure to act breakage, we will pay for the loss or damage or decide, e any person, group, organization caused by that "specified cause of loss" or building glass breakage. or governmental body m. Errors Or Omissions c. Negligent Work Errors or omissions in- Faulty, inadequate or defective: (1) Programming, processing or storing data, (1) Planning, zoning, development, survey- as described under "electronic data" or in ing, siting, any"computer"operations, or (2) Design, specifications, workmanship, (2) Processing or copying "valuable papers repair, construction, renovation, remod- and records" eling, grading, compaction, However, we will pay for direct physical loss (3) Materials used in repair, construction, renovation or remodeling; or or damage caused by resulting fire or ex- plosion if these causes of loss would be (4) Maintenance; covered by this coverage form of part or all of any property on or off the n. Installation, Testing, Repair described premises Errors or deficiency in design, installation, 4. Additional Exclusion testing, maintenance, modification or repair of The following applies only to the property your "computer" system including "electronic specified in this Additional Exclusion data". PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc Page 21 of 48 Loss Or Damage To Products a. Loss or damage caused by or resulting from We will not pay for loss or damage to any mer- alteration, falsification, concealment or chandise, goods or other product caused by or destruction of records of accounts receivable resulting from error or omission by any person or done to conceal the wrongful giving, taking or entity (including those having possession under withholding of money", securities" or other an arrangement where work or a portion of the property work is outsourced) in any stage of the This exclusion applies only to the extent of development, production or use of the product, the wrongful giving,taking or withholding. including planning, testing, processing, pack- aging, installation, maintenance or repair This b. Loss damage caused by or resulting from exclusion applies to any effect that compromises bookkeeping, accounting or billing errors or the form, substance or quality of the product But omissions if such error or omission results in a Covered c. Any loss or damage that requires any audit of Cause of Loss,we will pay for the loss or damage records or any inventory computation to prove caused by that Covered Cause of Loss its factual existence 5. Business Income And Extra Expense C. Limits Of Insurance Exclusions 1. The most we will pay for loss or damage in any a. We will not pay for one occurrence is the applicable Limits of In- (1) Any Extra Expense, or increase of Busi- surance of SECTION I — PROPERTY shown in ness Income loss, caused by or resulting the Declarations from. 2. The amounts of insurance applicable to the (a) Delay in rebuilding, repairing or Coverage Extensions and the following Additional replacing the property or resuming Coverages apply in accordance with the terms of "operations", due to interference at such coverages and are in addition to the Limits the location of the rebuilding, repair or of Insurance of SECTION I—PROPERTY replacement by strikers or other a. Fire Department Service Charge, persons;or b. Pollutant Clean-up And Removal, (b) Suspension, lapse or cancellation of c. Increased Cost Of Construction, any license, lease or contract But if the suspension, lapse or cancellation d. Business Income From Dependent Proper- is directly caused by the suspension ties, and of 'operations", we will cover such e. Claim Data Expense loss that affects your Business In- come during the "period of restora- 3. Building Limit—Automatic Increase tion" and any extension of the "period a. In accordance with Paragraph CA.b., the of restoration in accordance with the Limit of Insurance for Buildings will auto- terms of the Extended Business matically increase by four percent (4%), Income Additional Coverage. unless a different percentage of annual (2) Any other consequential loss increase is shown in the Declarations b. With respect to this exclusion, suspension b. The amount of increase is calculated as means follows (1) The partial slowdown or complete ces- (1) Multiply the Building limit that applied on sation of your business activities, and the most recent of the policy inception (2) That a part or all of the described prem- date, the policy anniversary date, or any other policy change amending the Bwld- ises is rendered untenantable, if coverage ing limit by for Business Income applies 6. Accounts Receivable Exclusion (a) The percentage of annual increase shown in the Declarations, expressed The following additional exclusion applies to the as a decimal(example 7% is 07), or Accounts Receivable Coverage Extension (b) 04, if no percentage of annual in- We will not pay for crease is shown in the Declarations; and PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 22 of 48 (2) Multiply the number calculated in accor- b. Employee Dishonesty, dance with b.(1) by the number of days since the beginning of the current policy c. Outdoor Signs, and year, or the effective date of the most d. Forgery or Alteration. recent policy change amending the But this Optional Coverage Deductible will not Budding limit, divided by 365 increase the Deductible shown in the Declara- Example: tions This Deductible will be used to satisfy the If: requirements of the Deductible in the Declarations The applicable Building limit is $100,000 The 3. No deductible applies to the following Additional annual percentage increase is 4/o The number of Coverages days since the beginning of the policy year(or last policy change)is 146 a. Fire Department Service Charge; The amount of increase is b. Business Income; $100,000 x 04 x 146- 365 =$1600. c. Extra Expense, 4. Business Personal Property Limit - Seasonal d. Civil Authority; and Increase e. Fire Extinguisher Systems Recharge a. Subject to Paragraph 5.b., the Limit of Expense Insurance for Business Personal Property is E. Property Loss Conditions automatically increased by (1) The Business Personal Property - Sea- 1. Abandonment sonal Increase percentage shown in the There can be no abandonment of any property to Declarations, or us (2) Twenty-five percent (25%) if no Business 2. Appraisal Personal Property - Seasonal Increase If we and you disagree on the amount of loss, percentage is shown in the Declarations, either may make written demand for an appraisal to provide for seasonal variances of the loss In this event, each party will select a b. The increase described in Paragraph 5.a will competent and impartial appraiser The two apply only if the Limit of Insurance shown for appraisers will select an umpire If they cannot Business Personal Property in the agree, either may request that selection be made Declarations is at least one hundred percent by a judge of a court having jurisdiction The (100%) of your average monthly values appraisers will state separately the amount of during the lesser of. loss If they fail to agree, they will submit their differences to the umpire A decision agreed to by (1) The twelve (12) months immediately any two will be binding Each party will: preceding the date the loss or damage a. Pay its chosen appraiser, and occurs, or (2) The period of time you have been in b. Bear the other expenses of the appraisal and business as of the date the loss or dam- umpire equally age occurs If there is an appraisal, we will still retain our right D. Deductibles to deny the claim 1. We will not pay for loss or damage in any one 3. Duties In The Event Of Loss Or Damage occurrence until the amount of loss or damage a. You must see that the following are done in exceeds the Deductible shown in the Declara- the event of loss or damage to Covered tions We will then pay the amount of loss or Property damage in excess of the Deductible up to the (1) Notify the police if a law may have been applicable Limit of Insurance of SECTION I - broken PROPERTY. 2. Regardless of the amount of the Deductible, the (2) Give us prompt notice of the loss or most we will deduct from any loss or damage damage Include a description of the under all of the following Optional Coverages in property involved. any one occurrence is the Optional Coverage (3) As soon as possible, give us a description Deductible shown in the Declarations of how, when and where the loss or a. Money and Securities; damage occurred PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc Page 23 of 48 (4) Take all reasonable steps to protect the a. At our option,we will either Covered Property from further damage, (1) Pay the value of lost or damaged and keep a record of your expenses necessary to protect the Covered Prop- erty, for consideration in the settlement of (2) Pay the cost of repairing or replacing the the claim This will not increase the Limits lost or damaged property, of Insurance of SECTION I — PROP- ERTY However, we will not pay for any (3) Take all or any part of the property at an subsequent loss or damage resulting agreed or appraised value;or from a cause of loss that is not a Covered (4) Repair, rebuild or replace the property Cause of Loss Also, if feasible, set the with other property of like kind and qual- damaged property aside and in the best ity, subject to Paragraph d.(1)(e) below possible order for examination. b. We will give notice of our intentions within (5) At our request, give us complete inven- thirty (30) days after we receive the sworn tories of the damaged and undamaged proof of loss property Include quantities, costs, values and amount of loss claimed c. We will not pay you more than your financial interest in the Covered Property (6) As often as may be reasonably required, permit us to inspect the property proving d. Except as provided in Paragraphs (2)through the loss or damage and examine your (7) below, we will determine the value of books and records. Covered Property as follows Also permit us to take samples of dam- (1) At replacement cost without deduction for aged and undamaged property for in- depreciation, subject to the following. spection, testing and analysts, and permit (a) If, at the time of loss, the Limit of us to make copies from your books and Insurance on the lost or damaged records property is eighty percent (80%) or (7) Send us a signed, sworn proof of loss more of the full replacement cost of containing the information we request to the property immediately before the investigate the claim You must do this loss, we will pay the cost to repair or within sixty (60) days after our request replace, after application of the We will supply you with the necessary deductible and without deduction for forms depreciation, but not more than the least of the following amounts (8) Cooperate with us in the investigation or settlement of the claim (i) The Limit of Insurance under SECTION I — PROPERTY that (9) Resume all or part of your"operations" as applies to the lost or damaged quickly as possible property, b. We may examine any insured under oath, (ii) The cost to replace, on the same while not in the presence of any other insured premises, the lost or damaged and at such times as may be reasonably property with other property required, about any matter relating to this insurance or the claim, including an insured's I. Of comparable material and books and records In the event of an quality, and examination, an insured's answers must be ii. Used for the same purpose; signed or 4. Legal Action Against Us (III) The amount that you actually No one may bring a legal action against us under spend that is necessary to repair this insurance unless. or replace the lost or damaged a. There has been full compliance with all of the property terms of this insurance, and If a building is rebuilt at a new prem- ises, the cost is limited to the cost b. The action is brought ( ) y which would have been incurred had after the date on which the direct physical the building been built at the original loss or damage occurred premises 5. Loss Payment In the event of loss or damage covered by this policy PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc Page 24 of 48 (b) If, at the time of loss, the Limit of (2) If the Actual Cash Value — Buildings Insurance applicable to the lost or option applies, as shown in the Declara- damaged property is less than eighty tions, Paragraph (1) above does not ap- percent (80%) of the full replacement ply to Buildings Instead, we will deter- cost of the property immediately mine the value of Buildings at actual cash before the loss, we will pay the value. greater of the following amounts, but (3) The following property at actual cash not more than the Limit of Insurance that applies to the property value (i) The actual cash value of the lost (a) Used or secondhand merchandise or damaged property; or held in storage or for sale, (11) A proportion of the cost to repair (b) Property of others However, if an or replace the lost or damaged item(s) of personal property of others property, after application of the is subject to a written contract which deductible and without deduction governs your liability for loss or dam- for depreciation This proportion age to that item(s), then valuation of will equal the ratio of the applica- that item(s) will be based on the ble Limit of Insurance to eighty amount for which you are liable under percent (80%) of the cost of such contract, but not to exceed the repair or replacement lesser of the replacement cost of the property or the applicable Limit of (c) You may make a claim for loss or Insurance, damage covered by this insurance on an actual cash value basis instead of (c) Household contents, except personal property in apartments on a replacement cost basis In the , rooms fur- event you elect to have loss or rnshed by you as landlord, damage settled on an actual cash (d) Manuscripts, and value basis, you may still make a claim on a replacement cost basis if (e) Works of art, antiques rare articles, you notify us of your intent to do so including etchings, pictures, statuary, within one hundred eighty (180) days marble, bronzes, porcelain and bric- after the loss or damage, a-brac (d) We will not pay on a replacement (4) Glass at the cost of replacement with cost basis for any loss or damage safety glazing material if required by law (1) Until the lost or damaged prop- (5) Tenants' Improvements and Betterments erty is actually repaired or re- at placed,and (a) Replacement cost if you make repairs (ii) Unless the repairs or replace- promptly ment are made as soon as rea- (b) A proportion of your original cost if sonably possible after the loss or you do not make repairs promptly. damage We will determine the proportionate However, if the cost to repair or re- value as follows place the damaged building property (i) Multiply the original cost by the is $2,500 or less, we will settle the number of days from the loss or loss according to the provisions of damage to the expiration of the Paragraphs d.(1)(a) and d.(1)(b) lease, and above whether or not the actual re- pair or replacement is complete (h) Divide the amount determined in (i) above by the number of days (e) The cost to repair, rebuild or replace from the installation of improve- does not include the increased cost ments to the expiration of the attributable to enforcement of any lease ordinance or law regulating the con- If your lease contains a renewal op - property. use or repair of any tion, the expiration of the renewal op- tion p p tion period will replace the expiration of the lease in this procedure PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc Page 25 of 48 (c) Nothing if others pay for repairs or g. We will pay for covered loss or damage within replacement thirty (30) days after we receive the sworn (6) Applicable only to the Optional proof of loss, provided you have complies' Coverages with all of the terms of this policy; and (a) "Money"at its face value; and (1) We have reached agreement with you on the amount of loss, or (b) "Securities" at their value at the close (2) An appraisal award has been made of business on the day the loss is discovered h. A party wall is a wail that separates and is (7) Applicable only to Accounts Receivable: common to adjoining buildings that are owned by different parties In settling covered losses (a) If you cannot accurately establish the involving a party wall, we will pay a proportion of amount of accounts receivable out- the loss to the party wall based on your interest in standing as of the time of loss or the wall in proportion to the interest of the owner damage of the adjoining building However, if you elect to (1) We will determine the total of the repair or replace your building and the owner of average monthly amounts of ac- the adjoining building elects not to repair or counts receivable for the twelve replace that building, we will pay you the full value (12) months immediately preced- of the loss to the party wall, subject to all ing the month in which the loss or applicable policy provisions including Limits of damage occurs, and Insurance and all other provisions of this Loss Payment Condition Our payment under the (ii) We will adjust that total for any provisions of this paragraph does not alter any normal fluctuations in the amount right of subrogation we may have against any of accounts receivable for the entity, including the owner or insurer of the ad- month in which the loss or dam- joining building, and does not alter the terms of age occurred or for any demon- the Transfer Of Rights Of Recovery Against strated variance from the average Others To Us Condition in this policy for that month 6. Recovered Property (b) The following will be deducted from If either you or we recover any property after lost the total amount of accounts receiv- settlement, that party must give the other prompt able, however that amount is notice At your option, you may retain the established property But then you must return to us the (1) The amount of the accounts for amount we paid to you for the property We will which there is no loss or damage, pay recovery expenses and the expenses to u The amount of the accounts that repair the recovered property, subject to the ( ) Limits of Insurance of SECTION I— PROPERTY you are able to reestablish or collect, 7. Resumption Of Operations (iii)An amount to allow for probable We will reduce the amount of your: bad debts that you are normally a. Business Income loss, other than Extra unable to collect, and Expense, to the extent you can resume your (iv)All unearned interest and service 'operations", in whole or in part, by using charges. damaged or undamaged property (including e. Our payment for loss of or damage to per- merchandise or stock) at the described sonal property of others will only be for the premises or elsewhere account of the owners of the property We b. Extra Expense loss to the extent you can may adjust losses with the owners of lost or return 'operations" to normal and discontinue damaged property if other than you If we pay such Extra Expense. the owners, such payments will satisfy your 8. Vacancy claims against us for the owners' property We will not pay the owners more than their a. Description Of Terms financial interest in the Covered Property (1) As used in this Vacancy Condition, the f. We may elect to defend you against suits term building and the term vacant have arising from claims of owners of property We the meanings set forth in Paragraphs (a� will do this at our expense and (b) below PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 26 of 48 (a) When this policy is issued to a tenant, The breach of any condition of this Coverage and with respect to that tenant's Form at any one or more locations will not affect interest in Covered Property, building coverage at any location where, at the time of means the unit or suite rented or loss or damage, the breach of condition does not leased to the tenant Such building is exist vacant when it does not contain enough business personal property to 2. Mortgageholders conduct customary operations a. The term "mortgageholder"includes trustee. (b) When this policy is issued to the b. We will pay for covered loss of or damage to owner or general lessee of a building, buildings or structures to each mort- building means the entire building gageholder shown in the Declarations in their Such building is vacant unless at order of precedence, as interests may least thirty-one percent (31%) of its appear total square footage is c. The mortgageholder has the right to receive (1) Rented to a lessee or sublessee loss payment even if the mortgageholder has and used by the lessee or sub- started foreclosure or similar action on the lessee to conduct its customary building or structure operations, and/or d. If we deny your claim because of your acts or (ili) Used by the building owner to because you have failed to comply with the conduct customary operations terms of this policy, the mortgageholder will (2) Buildings under construction or renova- still have the right to receive loss payment if tion are not considered vacant, the mortgageholder. b. Vacancy Provisions (1) Pays any premium due under this policy at our request if you have failed to do so, If the building where loss or damage occurs (2) Submits a signed, sworn proof of loss has been vacant for more than sixty (60) within sixty (60) days after receiving consecutive days before that loss or damage notice from us of your failure to do so, occurs and (1) We will not pay for any loss or damage caused by any of the following even if (3) Has notified of any change in owner- they are Covered Causes of Loss ship, occupancy or substantial change in risk known to the mortgageholder. (a) Vandalism, All of the terms of this policy will then apply (b) Sprinkler leakage, unless you have directly to the mortgageholder protected the system against e. If we pay the mortgageholder for any loss or freezing, damage and deny payment to you because of (c) Building glass breakage, your acts or because you have failed to (d) Water damage, comply with the terms of this policy: (e) Theft, or (1) The mortgage holder's rights under the mortgage will be transferred to us to the (f) Attempted theft extent of the amount we pay, and (2) With respect to Covered Causes of Loss (2) The mortgageholder's right to recover the other than those listed in Paragraphs full amount of the mortgageholder's claim (1)(a)through (1)(f) above, we will reduce will not be impaired. the amount we would otherwise pay for the loss or damage by fifteen percent At our option, e may pay to the mortgage- the holder the whole principal on the mortgage plus any accrued interest In this event, your F. Property General Conditions mortgage and note will be transferred to us 1. Control Of Property and you will pay your remaining mortgage debt to us. Any act or neglect of any person other than you f. If we cancel this policy, we will give written beyond your direction or control will not affect this notice to the mortgageholder at least insurance (1) Ten (10) days before the effective date of cancellation if we cancel for your non- payment of premium, or PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc Page 27 of 48 (2) Thirty (30) days before the effective date (3) Of property contained in any "money"- of cancellation if we cancel for any other operated device unless the amount of reason "money" deposited in it is recorded by a g. If we elect not to renew this policy, we will continuous recording instrument in the give written notice to the mortgageholder at device least ten (10) days before the expiration date c. The most we will pay for loss in any one of this policy occurrence is- 3. No Benefit To Bailee (1) The limit shown in the Declarations for Inside the Premises for "money" and No person or organization, other than you, having "securities"while custody of Covered Property will benefit from this insurance (a) In or on the described premises; or 4. Policy Period, Coverage Territory (b) Within a bank or savings institution, Under SECTION I—PROPERTY: and a. We cover loss or damage commencing: (2) The limit shown in the Declarations for Outside the Premises for "money" and (1) During the policy period shown in the "securities"while anywhere else. Declarations, and d. All loss (2) Within the coverage territory or, with (1) Caused by one or more persons; or respect to property in transit, while it is between points in the coverage territory (2) Involving a single act or series of related b. The coverage territory is acts, (1) The United States of America (including is considered one occurrence. its territories and possessions), e. You must keep records of all "money" and (2) Puerto Rico, and securities' so we can verify the amount of any loss or damage (3) Canada 2. Employee Dishonesty G. Optional Coverages a. We will pay for direct loss of or damage to If shown as applicable in the Declarations, the fol- Business Personal Property and "money" and lowing Optional Coverages also apply These cov- "securities" resulting from dishonest acts erages are subject to the terms and conditions ap- committed by any of your employees acting plicable to property coverage in this policy, except as alone or in collusion with other persons provided below (except you or your partner)with the manifest 1. Money And Securities intent to a. We will pay for loss of "money" and "securi- (1) Cause you to sustain loss or damage, ties" used in your business while at a bank or and also savings institution, within your living quarters (2) Obtain financial benefit (other than sala- or the living quarters of your partners or any ries, commissions, fees, bonuses, pro- employee having use and custody of the motions, awards, profit sharing, pensions property, at the described premises, or in or other employee benefits earned in the transit between any of these places, resulting normal course of employment)for directly from (a) Any employee, or (1) Theft, meaning any act of stealing, (b) Any other person or organization (2) Disappearance;or b. We will not pay for loss or damage (3) Destruction (1) Resulting from any dishonest or criminal b. In addition to the Limitations and Exclusions act that you or any of your partners or applicable to SECTION I — PROPERTY, we "members" commit whether acting alone will not pay for loss or in collusion with other persons (1) Resulting from accounting or arithmetical (2) Resulting from any dishonest act com- errors or omissions, miffed by any of your employees (except (2) Due to the giving or surrendering of as provided in Paragraph a ), "managers' property in any exchange or purchase, or or directors: PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 28 of 48 (a) Whether acting alone or in collusion (1) This Optional Coverage became effective with other persons, or at the time of cancellation or termination (b) While performing services for you or of the prior insurance, and otherwise (2) The loss or damage would have been (3) The only proof of which as to its existence covered by this Optional Coverage had it or amount is: been in effect when the acts or events causing the loss or damage were com- a) An inventory computation, or miffed or occurred (b) A profit and loss computation. 1. The insurance under Paragraph h. above is C. The most we will pay for loss or damage in part of, not in addition to, the Limit of Insur- any one occurrence is the Limit of Insurance ance applying to this Optional Coverage and for Employee Dishonesty shown in the is limited to the lesser of the amount Declarations. recoverable under d. All loss or damage. (1) This Optional Coverage as of its effective date,or (1) Caused by one or more persons, or (2) The prior insurance had it remained in (2) Involving a single act or series of acts; effect is considered one occurrence j. With respect to the Employee Dishonesty e. If any loss is covered Optional Coverage in Paragraph G.3., em- ployee means (1) Partly by this insurance, and (1) Any natural person: (2) Partly by any prior cancelled or termi- (a) While in your service or for thirty (30) nated insurance that we or any affiliate days after termination of service, had issued to you or any predecessor in interest, (b) Who you compensate directly by the most we will pay is the larger of the salary,wages or commissions, and amount recoverable under this insurance or (c) Who you have the right to direct and the prior insurance control while performing services for We will pay only for loss or damage you you, sustain through acts committed or events (2) Any natural person who is furnished occurring during the policy period Regardless temporarily to you of the number of years this policy remains in (a) To substitute for a permanent em- force or the number of premiums paid, no ployee as defined in Paragraph (1) Limit of Insurance cumulates from year to above, who is on leave, or year or period to period IF. This Optional Coverage is cancelled as to any (b) To meet seasonal or short-term employee immediately upon discovery by workload conditions; (1) You, or (3) Any natural person who is leased to you under a written agreement between you (2) Any of your partners, "members", "man- and a labor leasing firm, to perform duties agers", officers or directors not in collu- related to the conduct of your business, sion with the employee, but does not mean a temporary employee of any dishonest act committed by that em- as defined in Paragraph (2) above, ployee before or after being hired by you (4) Any natural person who is a former g. We will pay only for covered loss or damage employee, director, partner, member,manager, representative or trustee re- sustained during the policy period and dis- tained as a consultant while performing covered no later than one year from the end services for you, or of the policy period. h. If you (or any predecessor in interest) sus- (5) Any natural person who is a guest stu- dent loss or damage during the policy pe- dent or intern pursuing studies or duties, nod of any prior insurance that you could excluding, however, any such person while having care and custody of property have recovered under that insurance except that the time within which to discover loss or outside any budding you occupy in damage had expired, we will pay for it under conducting your business this Optional Coverage, provided PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc Page 29 of 48 But employee does not mean: 9. "Period of restoration' (1) Any agent, broker, factor, commission a. Means the period of time that. merchant, consignee, independent con- (1) Begins tractor or representative of the same general character, or (a) Immediately after the time of direct (2) Any "manager", director or trustee except physical loss or damage for Business while performing acts coming within the Income Coverage unless a waiting usual duties of an employee period of time is shown in the Declarations, or H. Property Definitions (b) Immediately after the time of direct 1. "Computer" means. physical loss or damage for Extra a. Programmable electronic equipment that is Expense Coverage, used to store, retrieve and process data, and caused by or resulting from any Covered b. Associated peripheral equipment that pro- Cause of Loss at the described premises, vides communication, including input and and output functions such as printing and auxiliary (2) Ends on the earlier of: functions such as data transmission (a) The date when the property at the "Computer" does not include those used to op- described premises should be re- erate production type machinery or equipment paired, rebuilt or replaced with rea- 2. "Counterfeit money" means an imitation of sonable speed and similar quality, or "money" that is intended to deceive and to be (b) The date when business is resumed taken as genuine at a new permanent location 3. "Electronic data" means information, facts or b. Does not include any increased period computer programs stored as or on, created or required due to the enforcement of any or- used on, or transmitted to or from computer dinance or law that software (including systems and applications software), on hard or floppy disks, CD-ROMs, (1) Regulates the construction, use or repair, tapes, drives, cells, data processing devices or or requires the tearing down of am any other repositories of computer software which property, or are used with electronically controlled equipment (2) Requires any insured or others to test for, The term computer programs, referred to in the monitor, clean up, remove, contain, treat, foregoing description of electronic data, means a detoxify or neutralize, or in any way set of related electronic instructions which direct respond to or assess the effects of the operations and functions of a "computer" or "pollutants". device connected to it, which enable the The expiration date of this policy will not cut "computer" or device to receive, process, store, retrieve or send data short the "period of restoration" 4. "Fungi" means any type or form of fungus, 10. "Pollutants" means any solid, liquid, gaseous or including mold or mildew, and any mycotoxins, thermal irritant or contaminant, including smoke, spores, scents or by-products produced or re- vapor, soot, fumes, acids, alkalis, chemicals and leased by fungi waste Waste includes materials to be recycled, reconditioned or reclaimed 5. "Manager" means a person serving in a directorial 11. "Securities" means negotiable and non-negotiable capacity for a limited liability company instrumehts or contracts representing either 6. "Member" means an owner of a limited liability "money" or other property and includes company represented by its membership interest, a. Tokens, tickets, revenue and other stamps who also may serve as a "manager" (whether represented by actual stamps or 7. "Money" means unused value in a meter) in current use, and a. Currency, coins and bank notes in current use b. Evidences of debt issued in connection with and having a face value,and credit or charge cards, which cards are not b. Travelers checks, register checks and money issued by you, orders held for sale to the public but does not include"money" 8. "Operations" means your business activities 12. "Specified causes of loss" means the following occurring at the described premises. PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 30 of 48 I Fire; lightning, explosion; windstorm or hail, will have no duty to defend the insured smoke, aircraft or vehicles, riot or civil commotion; against any "suit" seeking damages for vandalism; leakage from fire extinguishing "bodily injury", "property damage" or equipment; sinkhole collapse; volcanic action; "personal and advertising injury" to which this falling objects, weight of snow, ice or sleet, water insurance does not apply. We may, at our damage. discretion, investigate any "occurrence" or a. Sinkhole collapse means the sudden sinking any offense and settle any claim or "suit" that or collapse of land into underground empty may result But spaces created by the action of water on (1) The amount we will pay for damages is limestone or dolomite This cause of loss limited as described in Paragraph D. — does not include Liability And Medical Expenses Limits (1) The cost of filling sinkholes; or Of Insurance in SECTION II — LIABILITY, and (2) Sinking or collapse of land into man- made underground cavities. (2) Our right and duty to defend end when we have used up the applicable Limit of b. Falling objects does not include loss of or Insurance in the payment of judgments or damage to settlements or medical expenses (1) Personal property in the open, or No other obligation or liability to pay sums or (2) The interior of a building or structure, or perform acts or services is covered unless property inside a building or structure, explicitly pro\nded for under Paragraph f. unless the roof or an outside wall of the Coverage Extension — Supplementary building or structure is first damaged by a Payments falling object b. This insurance applies: c. Water damage means accidental discharge or (1) To "bodily injury" and "property damage" leakage of water or steam as the direct result only if of the breaking apart or cracking of any part (a) The "bodily injury" or "property dam- of a system or appliance (other than a sump age" is caused by an "occurrence" system including its related equipment and parts)containing water or steam that takes place in the "coverage territory", 13. "Stock" means merchandise held in storage or for (b) The "bodily injury" or "property dam- sale, raw materials and in-process or finished goods, including supplies used in their packing or age" occurs during the policy period, shipping and 14. "Valuable papers and records" means inscribed, (c) Prior to the policy period, no insured printed or written listed under Paragraph C.I. Who Is An Insured and no "employee" au- a. Documents; thorized by you to give or receive no- b. Manuscripts;and tice of an "occurrence"or claim, knew that the "bodily injury" or "property c. Records, damage" had occurred, in whole or in part If such a listed insured or including abstracts, books, deeds, drawings, authorized "employee" knew, prior to films, maps or mortgages the policy period, that the "bodily in- But"valuable papers and records"does not mean jury" or "property damage" occurred, "money"or"securities" then any continuation, change or re- sumption of such "bodily injury" or "property damage" during or after the A. Coverages policy period will be deemed to have 1. Business Liability been known before the policy period (2) To "personal and advertising injury" a. We will pay those sums that the insured caused by an offense arising out of your becomes legally obligated to pay as damages business, but only if the offense was because of "bodily injury", "property damage" committed in the "coverage territory" or "personal and advertising injury' to which during the policy period this insurance applies We will have the right and duty to defend the insured against any "suit" seeking those damages However, we PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 31 of 48 c. "Bodily injury" or "property damage" which (e) All court costs taxed against the in- occurs during the policy period and was not, sured in the "suit" However, these prior to the policy period, known to have oc- payments do not include attorneys' curred by any insured listed under Paragraph fees or attorneys' expenses taxes CA. Who Is An Insured or any "employee" against the insured. authorized by you to give or receive notice of (f) prejudgment interest awarded an occurrence' or claim, includes any continuation, change or resumption of"bodily against the insured on that part of the injury" or "property damage" after the end of judgment we pay If we make an offer the policy period to pay the Limit of Insurance, we will not pay any prejudgment interest d. "Bodily injury" or "property damage" will be based on that period of time after the deemed to have been known to have oc- offer curred at the earliest time when any insured (g) All interest on the full amount of any listed under Paragraph C.I. Who Is An In- judgment that accrues after entry of sured or any employee'authorized by you to the judgment and before we have give or receive notice of an occurrence or claim, paid, offered to pay, or deposited in court the part of the judgment that is (1) Reports all, or any part, of the "bodily within our Limit of Insurance injury" or "property damage" to us or any These payments will not reduce the limit other insurer, of liability (2) Receives a written or verbal demand or claim for damages because of the "bodily (2) If we defend an insured against a "suit" injury"or"property damage", or and an indemnitee the insured is also t named as a party to the "suit", we will (3) Becomes aware by any other means that defend that indemnitee if all of the fol- "bodily injury" or "property damage" has lowing conditions are met. occurred or has begun to occur (a) The "suit" against the indemnitee e. Damages because of "bodily injury" include seeks damages for which the insured damages claimed by any person or organi- has assumed the liability of the zation for care, loss of services or death re- indemnitee in a contract or agree sultmg at any time from the"bodily injury" ment that is an "insured contract", f. Coverage Extension — Supplementary (b) This insurance applies to such liability Payments assumed by the insured; (1) We will pay, with respect to any claim we (c) The obligation to defend, or the cost investigate or settle, or any "suit" against of the defense of, that indemnitee, an insured we defend has also been assumed by the in- (a) All expenses we incur sured in the same"insured contract", (b) Up to $250 for cost of bail bonds (d) The allegations in the "suit" and the required because of accidents or information we know about the "oc- traffic law violations arising out of the currence" are such that no conflict use of any vehicle to which Business appears to exist between the inter- Liability Coverage for "bodily injury" ests of the insured and the interests applies We do not have to furnish of the indemnitee, these bonds (e) The indemnitee and the insured ask (c) The cost of bonds to release attach- us to conduct and control the defense ments, but only for bond amounts of that indemnitee against such "suit" within our Limit of Insurance We do and agree that we can assign the not have to furnish these bonds. same counsel to defend the insured (d) All reasonable expenses incurred by and the indemnitee, and the insured at our request to assist us (f) The indemnitee in the investigation or defense of the claim or"suit", including actual loss of (i) Agrees in writing to, earnings up to$250 a day because of I. Cooperate with us in the in- time off from work vestigation, settlement or de- fense of the"suit", PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 32 of 48 ii. Immediately send us copies (a) The accident takes place in the of any demands, notices, "coverage territory" and during the summonses or legal papers policy period; received in connection with (b) The expenses are incurred and re- the"suit"; ported to us within one year of the iii. Notify any other insurer date of the accident;and whose coverage is available (c) The injured person submits to ex- to the indemnitee; and amination, at our expense, by physi- Iv. Cooperate with us with re- clans of our choice as often as we spect to coordinating other reasonably require applicable insurance avail- b. We will make these payments regardless of able to the indemnitee, and fault These payments will not exceed the (ii) Provides us with written authon- Limits of Insurance of SECTION II — zation to, LIABILITY We will pay reasonable expenses I. Obtain records and other for: information related to the (1) First aid administered at the time of an "suit", and accident, iI. Conduct and control the de- (2) Necessary medical, surgical, x-ray and fense of the indemnitee in dental services, including prosthetic de- such "suit" vices, and (3) So long as the conditions in Paragraph (3) Necessary ambulance, hospital, profes- (2)are met, attorneys'fees incurred by us sional nursing and funeral services in the defense of that indemnitee, necessary litigation expenses incurred by B. Exclusions us and necessary litigation expenses 1. Applicable To Business Liability Coverage incurred by the indemnitee at our request will be paid as Supplementary Payments This insurance does not apply to: Notwithstanding the provisions of a. Expected Or Intended Injury Paragraph B.1.b.(2) Exclusions in SECTION II— LIABILITY, such payments "Bodily injury" or "property damage" expected will not be deemed to be damages for or intended from the standpoint of the "bodily injury"and "property damage"and insured This exclusion does not apply to will not reduce the Limits of Insurance "bodily injury" resulting from the use of reasonable force to protect persons or Our obligation to defend an insured's in- property demnitee and to pay for attorneys' fees and necessary litigation expenses as b. Contractual Liability Supplementary Payments ends when "Bodily injury" or "property darnage" for which (a) We have used up the applicable Limit the insured is obligated to pay damages by of Insurance in the payment of tudg- reason of the assumption of liability in a ments or settlements, or contract or agreement This exclusion does not apply to liability for damages (b) The conditions set forth above, or the (1) That the insured would have in the ab- Paragraph (2)(1) above are no longer terms of the agreement described sence of the contract or agreement, or met (2) Assumed in a contract or agreement that 2. Medical Expenses is an 'insured contract", provided the "bodily injury" or "property damage" a. We will pay medical expenses as described occurs subsequent to the execution of the below for "bodily injury" caused by an contract or agreement Solely for the accident: purposes of liability assumed in an "m- (1) On premises you own or rent; sured contract", reasonable attorney fees and necessary litigation expenses (2) On ways next to premises you own or incurred by or for a party other than an rent, or insured are deemed to be damages be- (3) Because of your operations; cause of "bodily injury" or "property damage", provided provided that: PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc Page 33 of 48 (a) Liability to such party for, or for the f. Pollution cost of, that party's defense has also been assumed in the same "insured (1) "Bodily injury" or "property damage" arising t of the actual,contract"; and threatened discharge, dispersal,ll,ge seep- (b) Such attorney fees and litigation age, migration, release or escape of expenses are for defense of that "pollutants": party against a civil or alternative (a) At or from any premises, site or dispute resolution proceeding in location which is or was at any time which damages to which this insur- ance applies are alleged owned or occupied by, or rented or loaned to, any insured However, this c. Liquor Liability subparagraph does not apply to "Bodily injury" or"property damage" for which (t) "Bodily injury" if sustained within any insured may be held liable by reason of a building and caused by smoke, (1) Causing or contributing to the intoxication fumes, vapor or soot produced by of any person, or originating from equipment that is used to heat, cool or dehumid- (2) The furnishing of alcoholic beverages to a ify the budding, or equipment that person under the legal drinking age or is used to heat water for personal under the influence of alcohol, or use, by the building's occupants (3) Any statute, ordinance or regulation or their guests; relating to the sale, gift, distribution or use (ii) "Bodily injury" or "property dam- of alcoholic beverages age" for which you may be held This exclusion applies only if you are in the liable, if you are a contractor and business of manufacturing, distributing, sell- the owner or lessee of such ing, serving or furnishing alcoholic beverages premises, site or location has been added to your policy as an d. Workers'Compensation And Similar Laws additional insured with respect to Any obligation of the insured under a workers' your ongoing operations per- compensation, disability benefits or un- formed for that additional insures' employment compensation law or any similar at that premises, site or locatoor law and such premises, site or loca- tion is not and never was owned e. Employer's Liability or occupied by, or rented or "Bodily injury"to loaned to, any insured, other than that additional insured, or (1) An "employee" of the insured arising out Ili "Bodily injury" "property dam- of and in the course of ( ) y ry or age" arising out of heat, smoke or (a) Employment by the insured, or fumes from a "hostile fire", (b) Performing duties related to the (b) At or from any premises, site or conduct of the insured's business, or location which is or was at any time used by or for any insured or others (2) The spouse, child, parent, brother or for the handling, storage, disposal, sister of that employee" as a conse- processing or treatment of waste, quence of Paragraph (1) above This exclusion applies* (c) Which are or were at any time trans- pp ported, handled, stored, treated, dis- (1) Whether the insured may be liable as an posed of, or processed as waste by employer or in any other capacity, and or for (2) To any obligation to share damages with (I) Any insured; or or repay someone else who must pay (ii) Any person or organization for damages because of the injury whom you may be legally re- This exclusion does not apply to liability as- sponsible, or sumed by the insured under an 'insured contract" PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 34 of 48 (d) At or from any premises, site or (2) Any loss, cost or expense arising out of location on which any insured or any any contractors or subcontractors working directly or indirectly on any insured's (a) Request, demand, order statutory behalf are performing operations if or regulatory requirementt that any in the "pollutants" are brought on or to insured or others test for, monitor, the premises, site or location in clean up, remove, contain, treat, re- connection with such operations by sp or neutralize, or h any way re- an such insured, contractor or sub- d to, or assess the effects of, "pon contractor However, this subpara- graph does not apply to (b) Claim or "suit" by or on behalf of a (i) Bodily injury" or 'property dam- governmental authority for damages age" arising out of the escape of because of testing for, monitoring, fuels, lubricants or other operat- cleaning up, removing, containing, ing fluids which are needed to treating, detoxifying or neutralizing, or perform the normal electrical, hy- in any way responding to, or as- draulic or mechanical functions sessing the effects of, "pollutants". necessary for the operation of However, this paragraph does not apply "mobile equipment" or its parts, if to liability for damages because of such fuels, lubricants or other "property damage" that the insured would operating fluids escape from a have in the absence of such request, vehicle part designed to hold, demand, order or statutory or regulatory store or receive them This ex- requirement or such claim or "suit" by or ception does not apply if the on behalf of a governmental authority "bodily injury" or "property dam- age" arises out of the intentional 9• Aircraft,Auto Or Watercraft discharge, dispersal or release of "Bodily injury" or "property damage" arising the fuels, lubricants or other op- out of the ownership, maintenance, use or erating fluids, or if such fuels, lu- entrustment to others of any aircraft, "auto"or bricants or other operating fluids watercraft owned or operated by or rented or are brought on or to the prem- loaned to any insured Use includes operation ises, site or location with the in- and "loading or unloading" tent that they be discharged, dis- persed or released as part of the This exclusion applies even if the claims al- operations being performed by lege negligence or other wrongdoing in the such insured, contractor or supervision, hiring, employment, training or subcontractor, monitoring of others by an insured, if the "occurrence" which caused the "bodily injury" (ii) "Bodily injury" or "property dam- or "property damage" involved the ownership, age" sustained within a building maintenance, use or entrustment to others of and caused by the release of any aircraft, "auto" or watercraft that is owned gases, fumes or vapors from ma- or operated by or rented or loaned to any terials brought into that building in insured connection with operations being performed by you or on your be- This exclusion does not apply to: half by a contractor or subcon- (1) A watercraft while ashore on premises tractor, or you own or rent, (III) "Bodily injury" or "property dam- (2) A watercraft you do not own that is: age"arising out of heat, smoke or fumes from a "hostile fire" (a) Less than fifty-one (51)feet long, and (e) At or from any premises, site or (b) Not being used to carry persons or location on which any insured or any property for a charge, contractors or subcontractors working (3) Parking an "auto" on, or on the ways next directly or indirectly on any insured's to, premises you own or rent, provided behalf are performing operations if the "auto" is not owned by or rented or the operations are to test for, monitor, loaned to you or the insured, clean up, remove, contain, treat,rdetoxifypond "or neutralize, or in any way (4) Liability assumed under an "insured contract for the ownership,respond to, or assess the effects of, p, maintenance "pollutants". or use of aircraft or watercraft, or PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc Page 35 of 48 (5) "Bodily injury" or "property damage" (1) Legal,accounting or advertising services; arising out of (2) Preparing, approving, or fading to prepare (a) The operation of machinery or or approve maps, drawings, opinions equipment that is attached to, or part reports, surveys, change orders, designs of, a land vehicle that would qualify or specifications, under the definition of "mobile equipment" if it were not subject to a (3) services,Supervisory, inspection or engineering compulsory or financial responsibility law or other motor vehicle insurance (4) Medical, surgical, dental, x-ray or nursing or motor vehicle registration law services treatment, advice or instruction, where it is licensed or principally ga- (5) Any health or therapeutic service treat- raged, or ment,advice or instruction, (b) The operation of any of the following (6) Any service, treatment, advice or in- machinery or equipment. struction for the purpose of appearance (1) Cherry pickers and similar de- or skin enhancement, hair removal or vices mounted on automobile or replacement or personal grooming, truck chassis and used to raise or (7) Optometry or optical or hearing aid ser- lower workers, and vices including the prescribing, prepara- (ii) Air compressors, pumps and tion, fitting, demonstration or distribution generators, including spraying, of ophthalmic lenses and similar products welding, budding cleaning, geo- or hearing aid devices, physical exploration, lighting and (8) Body piercing services, and well servicing equipment (9) Services in the practice of pharmacy h. Mobile Equipment This exclusion applies even if the claims al- "Bodily injury" or "property damage" arising lege negligence or other wrongdoing in the out of supervision, hiring, employment, training or (1) The transportation of "mobile equipment" monitoring of others by an insured, if the by "auto" owned operated by or "occurrence" which caused the "bodily injury' rented or loaned to any insured, or or "property damage", or the offense which caused the "personal and advertising injury', (2) The use of "mobile equipment" in, or involved the rendering or failure to render of while in practice for, or while being pre- any professional service pared for, any prearranged racing,speed, demolition or stunting activity k. Damage To Property i. War "Property damage"to "Bodily injury", "property damage" or "per- (1) Property you own, rent or occupy, in- sonal and advertising injury", however cluding any costs or expenses incurred caused, arising, directly or indirectly, out of by you, or any other person, organization or entity, for repair, replacement, en- (1) War, including undeclared civil war, hancement, restoration or maintenance of (2) Warlike action by a military force, includ- such property for any reason, including ing action in hindering or defending damage to of injury to a person or d against an actual or expected attack, by damage to another's property, any government, sovereign or other au- (2) Premises you sell, give away or abandon, thority using military personnel or other if the "property damage" arises out of any agents, or part of those premises, (3) Insurrection, rebellion, revolution, usurp- (3) Property loaned to you, ed power, or action taken by government (4) Personal property in the care, custody or authority in hindering or defending control of the insured, against any of these. j. Professional Services (5) That particular part of real property on which you or any contractor or subcon- "Bodily injury", "property damage" or "per- tractor working directly or indirectly on sonal and advertising injury" caused by the your behalf is performing operations, i' rendering or failure to render any professional the "property damage" arises out of those service This includes but is not limited to. operations, or PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc Page 36 of 48 (6) That particular part of any property that o. Recall Of Products, Work Or Impaired must be restored, repaired or replaced Property because "your work" was incorrectly Damages claimed for any loss, cost or performed on it expense incurred by you or others for the Paragraphs (1), (3) and (4) of this exclusion loss of use, withdrawal, recall, inspection, do not apply to"property damage" (other than repair, replacement, adjustment, removal damage by fire) to premises, including the or disposal of contents of such premises, rented to you for a (1) "Your product", period of seven or fewer consecutive days A separate Limit of Insurance applies to (2) "Your work", or Damage To Premises Rented To You as described in Paragraph D. Liability And (3) 'Impaired property", Medical Expenses Limit Of Insurance in if such product, work or property is with- SECTION II—LIABILITY drawn or recalled from the market or from Paragraph (2)of this exclusion does not apply use by any person or organization if the premises are "your work" and were because of a known or suspected defect, never occupied, rented or held for rental by deficiency, inadequacy or dangerous you condition in it. Paragraphs (3), (4), (5) and (6) of this ex- p• Personal And Advertising Injury clusion do not apply to liability assumed "Personal and advertising injury". under a sidetrack agreement. (1) Caused by or at the direction of the Paragraph (6)of this exclusion does not apply insured with the knowledge that the to "property damage" included in the act would violate the rights of another "products-completed operations hazard" and would inflict "personal and I. Damage To Your Product advertising injury"; "Property damage" to "your product" (2) Arising out of oral or written arising out of it or any part of it publication of material, if done by or at the direction of the insured with m. Damage To Your Work knowledge of its falsity, "Property damage" to "your work" arising (3) Arising out of oral or written out of it or any part of it and included in publication of material whose first the "products-completed operations publication took place before the hazard". beginning of the policy period, This exclusion does not apply if the dam- (4) For which the insured has assumed aged work or the work out of which the liability in a contract or agreement. damage arises was performed on your This exclusion does not apply to behalf by a subcontractor liability for damages that the insured n. Damage To Impaired Property Or would have in the absence of the contract or agreement, Property Not Physically Injured "Property damage" to "impaired property" (5) Arising out of a breach of contract, or property that has not been physically except an implied contract to use injured, arising out of. other's advertising idea in your "advertisement"; (1) A defect, deficiency, inadequacy or (6) Arising out of the failure of goods, dangerous condition in "your product" or"your work", or products or services to conform with any statement of quality or perform- (2) A delay or failure by you or anyone ance made in your"advertisement"; acting on your behalf to perform a contract or agreement in accordance (7) Arising out of the wrong description of with its terms, the price of goods, products or serv- ices stated in your"advertisement', This exclusion does not apply to the loss of use of other property arising out of (8) Committed by an insured whose busi- sudden and accidental physical injury to ness is "your product" or "your work" after it has (a) Advertising, broadcasting, pub- been put to its intended use lishing or telecasting, PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 37 of 48 (b) Designing or determining content (13)Arising out of the unauthorized use of of websites for others, or another's name or product in your e- (c) An Internet search, access, mail address, domain name or meta- content or service provider tags, or any other similar tactics to mislead another's potential However, this exclusion does not customers apply to Paragraphs 14.a., b, and c. q, Electronic Data of "personal and advertising injury" under Paragraph F. Liability And Damages arising out of the loss of, loss of Medical Expenses Definitions use of, damage to, corruption of, inability For the purposes of this exclusion, to access, or inability to manipulate elec- the placing of frames, borders or tronic data links, or advertising, for you or others As used in this exclusion, electronic data anywhere on the Internet, by itself, is means information, facts or computer pro- not considered the business of grams stored as or on, created or used advertising, broadcasting, publishing on, or transmitted to or from computer or telecasting software (including systems and applica- (9) Arising out of the actual, alleged or tions software), on hard or floppy disks, threatened discharge, dispersal, CD-ROMs, tapes, drives, cells, data seepage, migration, release or processing devices or any other escape of"pollutants"at any time, repositories of computer software which are used with electronically controlled (10)With respect to any loss, cost or ex- equipment The term computer programs, pense arising out of any referred to in the foregoing description of (a) Request, demand or order that electronic data, means a set of related electronic instructions which direct the any insured or others test for, operations and functions of a computer or monitor, clean-up, remove, con- device connected to it, which enable the or tarn, treat, detoxify neutralize computer or device to receive, process, assess any way respond to, or the effects of, "pollutants", store, retrieve or send data or r. Criminal Acts (b) Claim or "suit" by or on behalf of "Personal and advertising injury" arising a governmental authority for out of a criminal act committed by or at damages because of testing for, the direction of the insured monitoring, cleaning up, remov- ing, containing, treating, detoxify- s. Recording And Distribution Of Material ing or neutralizing or in any way Or Information In Violation Of Law responding to, or assessing the "Bodily injury", "property damage", or effects of, "pollutants" "personal and advertising injury" arising (II)Arising out of an electronic chatroom directly or indirectly out of any action or or bulletin board the insured hosts, omission that violates or is alleged to owns or over which the insured violate exercises control, (1) The Telephone Consumer Protection (12)Arising out of the infringement of Act (TCPA), including any amend- copyright, patent, trademark, trade ment of or addition to such law, secret or other intellectual property (2) The CAN-SPAM Act of 2003, in- rights Under this exclusion, such cluding any amendment of or addition other intellectual property rights do to such law, not include the use of another's (3) The Fair Credit Reporting Act advertising idea in your "ad- vertisement". (FCRA), and any amendment of or addition to such law, including the However, this exclusion does not Fair and Accurate Credit Transaction apply to infringement, in your Act(FACTA), or "advertisement", of copyright, trade dress or slogan PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc Page 38 of 48 (4) Any federal, state or local statute, (2) Resulting from the"hazardous properties" ordinance or regulation, other than of "nuclear material" and with respect to the TCPA, CAN-SPAM Act of 2003 or which FCRA and their amendments and re- additions, that addresses, prohibits, quire(a) Any person t organizationcia e on or limits the printing, dissemination, purse to maintain Atomic En protection of disposal, collecting, recording, send- pursuant to the Atomic Energy Act , mg, transmitting, communicating or 1954, or any law amendatory thereof, distribution of material or information or Exclusions c., d., e., f., g., h., L, k., I., m., n. (b) The insured is, or had this policy not and o. in SECTION II — LIABILITY do not been issued would be, entitled to in- apply to damage by fire to premises while demnity from the United States of rented to you, or temporarily occupied by you America, or any agency thereof, un- with permission of the owner A separate der any agreement entered into by Damage To Premises Rented To You Limit of the United States of America, or any Insurance applies to this coverage as agency thereof, with any person or described in Paragraph D. Liability And organization Medical Expenses Limits of Insurance in b. Under Medical Expenses Coverage, to SECTION II—LIABILITY expenses incurred with respect to "bodily 2. Applicable To Medical Expenses Coverage injury" resulting from the "hazardous properties" of "nuclear material" and We will not pay expenses for"bodily injury". arising out of the operation of a "nuclear a. To any insured, except"volunteer workers", facility"by any person or organization. b. To a person hired to do work for or on behalf c. Under Business Liability Coverage, to of any insured or a tenant of any insured "bodily injury" or "property damage" resulting from the "hazardous properties" c. To a person injured on that part of premises of the"nuclear material", if you own or rent that the person normally occupies (1) The"nuclear material": d. To a person, whether or not an "employee"of (a) Is at any "nuclear facility" owned any insured, if benefits for the "bodily injury" by, or operated by or on behalf are payable or must be provided under a of, an insured, or workers' compensation or disability benefits (b) Has been discharged or law or a similar law dispersed therefrom, e. To a person injured while practicing, in- structing or participating in any physical ex- (2) The "nuclear material" is contained in ercises or games, sports or athletic contests "spent fuel' or "waste" at any time possessed, handled, used, proces- f. Included within the "products-completed sed, stored, transported or disposed operations hazard" of by or on behalf of an insured,or g. Excluded under Business Liability Coverage. (3) The "bodily injury" or "property 3. Applicable To Both Business Liability damage" arises out of the furnishing Coverage And Medical Expenses Coverage — by an insured of services, materials, Nuclear Energy Liability Exclusion parts or equipment in connection with the planning, construction, mainten- This insurance does not apply. ance, operation or use of any a. Under Business Liability Coverage, to "bodily "nuclear facility", but if such facility is injury"or"property damage" located within the United States of America, its territories or possessions (1) With respect to which an insured under or Canada, this Exclusion (3) applies the policy is also an insured under a nu- only to "property damage" to such clear energy liability policy issued by the "nuclear facility" and any property Nuclear Energy Liability Insurance As- thereat sociation, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance As- d. As used in this exclusion: sociation of Canada, or would be an in- (1) "By-product material" has the sured under any such policy but for its meaning given it in the Atomic Energy termination upon exhaustion of its limit of Act of 1954 or in any law amendatory liability; or thereof, PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 39 of 48 (2) "Hazardous properties" include (8) "Special nuclear material" has the radioactive, toxic or explosive meaning given it in the Atomic Energy properties, Act of 1954 or in any law amendatory (3) "Nuclear facility" means: thereof, (a) Any"nuclear reactor"; (9) "Spent fuel" means any fuel element or fuel component, solid or liquid, (b) Any equipment or device which has been used or exposed to designed or used for. radiation in a "nuclear reactor"; (i) Separating the isotopes of (10)"Waste" means any waste material. uranium or plutonium, (a) Containing "by-product material" (ii) Processing or utilizing "spent other than the tailings or wastes fuel"; or produced by the extraction or (iii) Handling, processing or concentration of uranium or thorium from any ore processed packaging "waste", primarily for its "source material" (c) Any equipment or device used for content, and the processing, fabricating or (b) Resulting from the operation by alloying of 'special nuclear any person or organization of any material" if at any time the total "nuclear facility" included under amount of such material in the Paragraphs (a) and (b) of the custody of the insured at the definition of"nuclear facility" premises where such equipment or device is located consists of or C. Who Is An Insured contains more than twenty-five 1. If you are designated in the Declarations as* (25) grams of plutonium or uranium 233 or any combination a. An individual, you and your spouse are thereof, or more than two insureds, but only with respect to the conduct hundred fifty (250) grams of of a business of which you are the sole uranium 235, owner (d) Any structure, basin, excavation, b. A partnership or joint venture, you are an premises or place prepared or insured Your members, your partners and used for the storage or disposal their spouses are also insureds, but only with of"waste", respect to the conduct of your business and includes the site on which any of c. A limited liability company, you are an in- the foregoing is located, all opera- sured Your members are also insureds, but tions conducted on such site and all only with respect to the conduct of your premises used for such operations, business Your managers are insureds, but (4) "Nuclear material" means "source only with respect to their duties as your material", "special nuclear material" managers or"by-product material", d. An organization other than a partnership,joint (5) "Nuclear reactor" means any venture or limited liability company, you are apparatus designed or used to an insured Your executive officers and sustain nuclear fission in a self- directors are insureds, but only with respect to supporting chain reaction or to their duties as your officers or directors Your contain a critical mass of fissionable stockholders are also insureds, but only with material, respect to their liability as stockholders (6) "Property damage" includes all forms e. A trust, you are an insured Your trustees are of radioactive contamination of also insureds, but only with respect to their property; duties as trustees (7) "Source material" has the meaning 2. Each of the following is also an insured: given it in the Atomic Energy Act of 1954 or in any law amendatory thereof, PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc Page 40 of 48 a. Your "volunteer workers" only while per- (1) With respect to liability arising out of the forming duties related to the conduct of your maintenance or use of that property, and business, or your "employees", other than either your "executive officers" (if you are an (2) Until your legal representative has been organization other than a partnership, joint appointed venture or limited liability company) or your d. Your legal representative if you die, but only managers (if you are a limited liability with respect to duties as such. That repre- company), but only for acts within the scope sentative will have all your rights and duties of their employment by you or while under this policy performing duties related to the conduct of No person or organization is an insured with re- your business However, none of these "employees" or "volunteer workers" are spect to the conduct of any current or past part- insureds for nership, joint venture or limited liability company that is not shown as a Named Insured in the (1) "Bodily injury" or "personal and advertis- Declarations ing injury D. Liability And Medical Expenses Limits Of (a) To you, to your partners or members Insurance (if you are a partnership or joint ven- ture), to your members (if you area 1. The Limits of Insurance of SECTION If — limited liability company), or to a co- LIABILITY shown in the Declarations and the "employee" while in the course of his rules below fix the most we will pay regardless of or her employment or performing du- the number of ties related to the conduct of your a. Insureds, business, or to your other "volunteer workers" while performing duties re- b. Claims made or"suits" brought;or lated to the conduct of your business, c. Persons or organizations making claims or (b) To the spouse, child, parent, brother bringing "suits" or sister of that co-"employee" as a 2. The most we will pay for the sum of all damages consequence of Paragraph (a)above, because of all (c) For which there is any obligation to a. "Bodily injury", "property damage" and share damages with or repay some- medical expenses arising out of any one one else who must pay damages "occurrence", and because of the injury described in Paragraph (a)or(b); or b. "Personal and advertising injury" sustained by any one person or organization, (d) Arising out of his or her providing or failing to provide professional health is the Liability and Medical Expenses limit shown care services in the Declarations But the most we will pay for all medical expenses because of "bodily injury" (2) "Property damage"to property. sustained by any one person is the Medical (a) Owned, occupied or used by, Expenses limit shown in the Declarations (b) Rented to, in the care, custody or 3. The most we will pay under Business Liability control of, or over which physical Coverage for damages because of "property control is being exercised for any damage" to a premises while rented to you or in purpose by the case of fire while rented to you or temporarily occupied by you with permission of the owner is you, any of your "employees", "volunteer the applicable Damage To Premises Rented To workers", any partner or member (if you You limit shown for that premises in the are a partnership or joint venture), or any Declarations For a premises temporarily occu- member (if you are a limited liability pied by you, the applicable limit will be the highest company) Damage To Premises Rented To You limit shown b. Any person (other than your "employee" or in the Declarations "volunteer worker"), or any organization while 4. Aggregate Limits acting as your real estate manager The most we will pay for. c. Any person or organization having proper temporary custody of your property if you die, a. All "bodily injury" and "property damage" that but only is included in the products-completed operations hazard" is twice the Liability and Medical Expenses limit PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 41 of 48 b. All- You must see to it that we receive written (1) "Bodily injury" and "property damage" tioticeof the claim or "suit" as soon as prac- except damages because of "bodily in- fury"or "property damage"included in the c. You and any other involved insured must- .'prod u cts-com pleted operations hazard", (1) Immediately send us copies of any de- (2) Plus medical expenses, mands, notices, summonses or legal (3) Plus all "personal and advertising injury" papers received in connection with the caused by offenses committed, claim or"suit", is twice the Liability and Medical Expenses limit (2) Authorize us to obtain records and other information, Subject to Paragraph a. or b. above, whichever or applies,the Damage To Premises Rented To You (3) Cooperate with settlement of the claim in the investigation Limit is the most we will pay for damages laim or defense against the because of "property damage" to any one suit', and premises, while rented to you, or in the case of (4) Assist us, upon our request, in the en- fire, while rented to you or temporarily occupied forcement of any right against any person by you with permission of the owner or organization that may be liable to the The Limits of Insurance of SECTION II — insured because of injury or damage to LIABILITY apply separately to each consecutive which this insurance may also apply annual period and to any remaining period of less d. No insured will, except at that insured's own than twelve (12) months, starting with the cost, voluntarily make a payment, assume beginning of the policy period shown in the any obligation, or incur any expense, other Declarations, unless the policy period is extended than for first aid, without our consent after issuance for an additional period of less than 3. Legal Action Against Us twelve (12) months In that case, the additional period will be deemed part of the last preceding No person or organization has a right under this period for purposes of determining the Limits of policy Insurance. a. To join us as a party or otherwise bring us E. Liability And Medical Expenses General into a "suit" asking for damages from an in- Conditions sured, or 1. Bankruptcy b. To sue us on this policy unless all of its terms Bankruptcy or insolvency of the insured or of the have been fully complied with insured's estate will not relieve us of our A person or organization may sue us to recover obligations under this policy on an agreed settlement or on a final judgment 2. Duties In The Event Of Occurrence, Offense, against an insured, but we will not be liable for Claim Or Suit damages that are not payable under the terms of this policy or that are in excess of the applicable a. You must see to it that we are notified as Limit of Insurance An agreed settlement means a soon as practicable of an "occurrence" or an settlement and release of liability signed by us, offense which may result in a claim To the the insured and the claimant or the claimant's extent possible, notice should include legal representative (1) How, when and where the "occurrence" 4. Separation Of Insureds or offense took place, Except with respect to the Limits of Insurance of (2) The names and addresses of any injured SECTION II— LIABILITY, and any rights or duties persons and witnesses; and specifically assigned in this policy to the first (3) The nature and location of any injury or Named Insured,this insurance applies damage arising out of the "occurrence" or a. As if each Named Insured were the only offense Named Insured, and b. If a claim is made or "suit" is brought against b. Separately to each insured against whom any insured,you must. claim is made or"suit" is brought (1) Immediately record the specifics of the claim or"suit"and the date received,and (2) Notify us as soon as practicable PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 42 of 48 F. Liability And Medical Expenses Definitions 5. "Employee" includes a "leased worker" "Em- 1. "Advertisement" means a notice that is broadcast ployee" does not include a"temporary worker" or published to the general public or specific 6. "Executive officer" means a person holding any of market segments about your goods, products or the officer positions created by your charter, services for the purpose of attracting customers constitution, bylaws or any other similar governing or supporters For the purposes of this definition document a. Notices that are published include material 7. "Hostile fire" means one which becomes un- placed on the Internet or on similar electronic controllable or breaks out from where it was in- means of communication; and tended to be b. Regarding websites, only that part of a 8. "Impaired property" means tangible property, website that is about your goods, products or other than "your product" or "your work", that services for the purposes of attracting cannot be used or is less useful because- customers or supporters is considered an advertisement. a. it incorporates "your product" or "your work" that is known or thought to be defective, de- 2. "Auto"means ficient, inadequate or dangerous, or a. A land motor vehicle, trader or semitrailer b. You have failed to fulfill the terms of a con- designed for travel on public roads, including tract or agreement, any attached machinery or equipment; or if such property can be restored to use by b. Any other land vehicle that is subject to a compulsory or financial responsibility law or {1) The repair, replacement, adjustment other motor vehicle insurance or motor ve- hicle registration law where it is licensed or or principally garaged (2) Your fulfilling the terms of the contract or However, "auto" does not include "mobile agreement. equipment" 9. "Insured contract" means: 3. "Bodily injury" means bodily injury, sickness or a. A contract for a lease of premises However, disease sustained by a person, including death that portion of the contract for a lease of resulting from any of these at any time premises that indemnifies any person or 4. "Coverage territory" means, organization for damage by fire to premises while rented to you or temporarily occupied by a. The United States of America (including its you with permission of the owner is not an territories and possessions), Puerto Rico and "insured contract", Canada, b. International waters or airspace, but only if b. A sidetrack agreement, the injury or damage occurs in the course of c. Any easement or license agreement, except travel or transportation between any places in connection with construction or demolition included in Paragraph a. above, or operations on or within fifty (50) feet of a c. All other parts of the world if the injury or railroad, damage arises out of: d. An obligation, as required by ordinance, to (1) Goods or products made or sold by you in indemnify a municipality, except in connection the territory described in Paragraph a. with work for a municipality, above, e. An elevator maintenance agreement, (2) The activities of a person whose home is f. That part of any other contract or agreement in the territory described in Paragraph a. pertaining to your business (including an above, but is away for a short time on indemnification of a municipality in connection your business; or with work performed for a municipality) under (3) "Personal and advertising injury"offenses which you assume the tort liability of another that take place through the Internet or party to pay for "bodily injury" or "property similar electronic means of com- damage" to a third person or organization munication, Tort liability means a liability that would be provided the insured's responsibility to pay imposed by law in the absence of any damages is determined in a "suit"on the merits in contract or agreement the territory described in Paragraph a. above or in Paragraph f. does not include that part of any a settlement we agree to contract or agreement: PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 43 of 48 (1) That indemnifies a railroad for "bodily c. Vehicles that travel on crawler treads; injury"or"property damage"arising out of d. Vehicles, whether self-propelled or not, on construction or demolition operations, which are permanently mounted within fifty (50) feet of any railroad property and affecting any railroad bridge (1) Power cranes, shovels, loaders, diggers or trestle, tracks, roadbeds, tunnel, or drills; or underpass or crossing, (2) Road construction or resurfacing equip- (2) That indemnifies an architect, engineer or ment such as graders,scrapers or rollers; surveyor for injury or damage arising out of e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are (a) Preparing, approving or failing to maintained primarily to provide mobility to prepare or approve maps, drawings, permanently attached equipment of the opinions, reports, surveys, change following types orders, designs or specifications, or (1) Air compressors, pumps and generators, (b) Giving directions or instructions, or including spraying, welding, building failing to give them, if that is the pri- cleaning, geophysical exploration, lighting mary cause of the injury or damage, and well servicing equipment, or or (2) Cherry pickers and similar devices used (3) Under which the insured, if an architect, to raise or lower workers, engineer or surveyor, assumes liability for an injury or damage arising out of the f. Vehicles not described in Paragraph a., b., c. insured's rendering or failure to render or d. above maintained primarily for purposes professional services, including those other than the transportation of persons or listed in Paragraph (2) above and su- cargo pervisory, inspection or engineering However, self-propelled vehicles with the services following types of permanently attached 10. "Leased worker" means a person leased to you equipment are not"mobile equipment" but will by a labor leasing firm under an agreement be- be considered "autos" tween you and the labor leasing firm, to perform (1) Equipment designed primarily for. duties related to the conduct of your business (a) Snow removal; Leased worker does not include a temporary worker" (b) Road maintenance, but not construc- 11. "Loading or unloading" means the handling of tion or resurfacing, or property (c) Street cleaning; a. After it is moved from the place where it is (2) Cherry pickers and similar devices accepted for movement into or onto an air- mounted on automobile or truck chassis craft, watercraft or"auto", and used to raise or lower workers, and b. While it is in or on an aircraft, watercraft or (3) Air compressors, pumps and generators, "auto", or including spraying, welding, building c. While it is being moved from an aircraft, cleaning, geophysical exploration, lighting watercraft or "auto" to the place where it is and well servicing equipment finally delivered, However, "mobile equipment" does not but "loading or unloading" does not include the include land vehicles that are subject to a movement of property by means of a mechanical compulsory or financial responsibility law or device, other than a hand truck, that is not other motor vehicle insurance or motor attached to the aircraft, watercraft or"auto" vehicle registration law where they are licensed or principally garaged Land vehicles 12. "Mobile equipment" means any of the following subject to a compulsory or financial types of land vehicles, including any attached responsibility law or other motor vehicle machinery or equipment insurance law or motor vehicle registration a. Bulldozers, farm machinery,forklifts and other law are considered"autos" vehicles designed for use principally off public 13. "Occurrence" means an accident, including roads, continuous or repeated exposure to substantially b. Vehicles maintained for use solely on or next the same general harmful conditions to premises you own or rent, PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 44 of 48 14. "Personal and advertising injury" means injury, Work that may need service, maintenance, including consequential "bodily injury", arising out correction, repair or replacement, but which is of one or more of the following offenses otherwise complete, will be treated as a. False arrest, detention or imprisonment, completed b. Malicious prosecution; The "bodily injury"or"property damage" must occur away from premises you own or rent, c. The wrongful eviction from, wrongful entry unless your business includes the selling, into, or invasion of the right of private occu- handling or distribution of "your product" for pancy of a room, dwelling or premises that a consumption on premises you own or rent person occupies, committed by or on behalf b. Does not include "bodily injury" or "property of its owner, landlord or lessor; damage" arising out of d. Oral or written publication, in any manner, of (1) The transportation of property, unless the material that slanders or libels a person or organization or disparages a person's or or- injury by you, n damage apses out of a a vehicle not owned or operated condition in or ganization's goods, products or services, and that condition was created by e. Oral or written publication, in any manner, of the "loading or unloading" of that vehicle material that violates a person's right of by any insured, or privacy, (2) The existence of tools, uninstalled f. The use of another's advertising idea in your equipment or abandoned or unused "advertisement", or materials g. Infringing upon another's copyright, trade 17. "Property damage" means, dress or slogan in your"advertisement" a. Physical injury to tangible property, including 15. "Pollutants" mean any solid, liquid, gaseous or all resulting loss of use of that property All thermal irritant or contaminant, including smoke, such loss of use shall be deemed to occur at vapor, soot, fumes, acids, alkalis, chemicals and the time of the physical injury that caused it, waste Waste includes materials to be recycled, or reconditioned or reclaimed b. Loss of use of tangible property that is not 16. "Products-completed operations hazard"- physically injured All such loss of use shall a. Includes all "bodily injury" and "property be deemed to occur at the time of the "oc- damage" occurring away from premises you currence"that caused it own or rent and arising out of "your product" For the purposes of this insurance,electronic data or"your work"except. is not tangible property (1) Products that are' still in your physical As used in this definition, electronic data means possession, or information, facts or programs stored as, created (2) Work that has not yet been completed or or used on, or transmitted to or from computer abandoned However, "your work" will be software, including systems and applications deemed completed at the earliest of the software, hard or floppy disks, CD-ROMs, tapes, following times drives, cells, data processing devices or any other media which are used with electronically (a) When all of the work called for in your controlled equipment. contract has been completed 18. "Suit" means a civil proceeding in which damages (b) When all of the work to be done at because of "bodily injury", "property damage", or the job site has been completed if "personal and advertising injury" to which this your contract calls for work at more insurance applies are alleged "Suit"includes than one job site a. An arbitration proceeding in which such (c) When that part of the work done at damages are claimed and to which the in- the job site has been put to its in- sured must submit or does submit with our tended use by any other person or consent, or organization other than another con- b. Any other alternative dispute resolution tractor or subcontractor working on proceeding in which such damages are the same project claimed and to which the insured submits with our consent PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc Page 45 of 48 19. "Temporary worker" means a person who is SECTION III — COMMON POLICY CONDITIONS furnished to you to substitute for a permanent (APPLICABLE TO SECTION I — PROPERTY AND "employee"on leave or to meet seasonal or short- SECTION II— LIABILITY) term workload conditions A. Cancellation 20. "Volunteer worker" means a person who is not your "employee", and who donates his or her 1• The first Named Insured shown in the delia- or work and acts at the direction of and within the tiring may cancel this policy by mailing or eliv- scope of duties determined by you, and is not Bring to us advance written notice of cancellation paid a fee, salary or other compensation by you 2. We may cancel this policy by mailing or delivering or anyone else for their work performed for you to the first Named Insured written notice of 21. "Your product'- cancellation at least- a. Means: a. Five (5)days before the effective date of can- cellation if any one of the following conditions (1) Any goods or products, other than real exists at any building that is Covered Property property, manufactured, sold, handled, in this policy, distributed or disposed of by (1) The building has been vacant or unoc- (a) You, cupied sixty (60) or more consecutive (b) Others trading under your name; or days This does not apply to- (c) A person or organization whose (a) Seasonal unoccupancy, or business or assets you have ac- (b) Buildings in the course of construc- quired, and tion, renovation or addition. (2) Containers (other than vehicles), mate- Buildings with sixty-five percent (65%) or rials, parts or equipment furnished in more of the rental units or floor area connection with such goods or products. vacant or unoccupied are considered b. Includes. unoccupied under this provision (1) Warranties or representations made at (2) After damage by a Covered Cause of any time with respect to the fitness, qual- ity, durability, performance or use of"your (a) Have not started, and product", and (b) Have not been contracted for, (2) The providing of or failure to provide within thirty(30) days of initial payment of warnings or instructions loss c. Does not include vending machines or other (3) The building has: property rented to or located for the use of others but not sold (a) An outstanding order to vacate; 22. "Your work". (b) An outstanding demolition order, or a. Means, (c) Been declared unsafe by govern- mental authority. (1) Work or operations performed by you or on your behalf, and (4) Fixed and salvageable items have been or are being removed from the building (2) Materials, parts or equipment furnished in and are not being replaced This does not connection with such work or operations apply to such removal that is necessary b. Includes: or incidental to any renovation or remodeling (1) Warranties or representations made at any time with respect to the fitness, qual- ity, durability, performance or use of"your (a) Furnish necessary heat, water, sewer work", and service or electricity for thirty (30) (2) The providing of or failure to provide consecutive days or more, except warnings or instructions during a period of seasonal unoccu- pancy; or PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 46 of 48 (b) Pay property taxes that are owing a. Make inspections and surveys at any time; and have been outstanding for more b. Give you reports on the conditions we find, than one year following the date due, and except that this provision will not ap- ply where you are in a bona fide dis- c. Recommend changes pute with the taxing authority regard- 2, We are not obligated to make any inspections, ing payment of such taxes surveys, reports or recommendations and any b. Ten (10) days before the effective date of such actions we do undertake relate only to in- cancellation if we cancel for nonpayment of surability and the premiums to be charged We do premium not make safety inspections We do not undertake C. Thirty (30) days before the effective date of to perform the duty of any person or organization to provide for the health or safety of workers or cancellation if we cancel for any other reason. the public And we do not warrant that conditions. 3. We will mad or deliver our notice to the first a. Are safe and healthful,or Named Insured's last mailing address known to us b. Comply with laws, regulations, codes or 4. Notice of cancellation will state the effective date standards of cancellation. The policy period will end on that 3. Paragraphs 1. and 2, of this condition apply not date only to us, but also to any rating, advisory, rate service or similar organization which makes in- 5. If this policy is cancelled, we will send the first surance inspections, surveys, reports or rec- Named Insured any premium refund due If we ommendations cancel, the refund will be pro rata If the first Named Insured cancels, the refund may be less 4. Paragraph 2. of this condition does not apply to than pro rata The cancellation will be effective any inspections, surveys, reports or recom- even if we have not made or offered a refund mendations we may make relative to certification, under state or municipal statutes, ordinances or 6. If notice is mailed, proof of mailing will be suffi- regulations, of boilers, pressure vessels or cent proof of notice elevators B. Changes F. Insurance Under Two Or More Coverages This policy contains all the agreements between you If two or more of this policy's coverages apply to the and us concerning the insurance afforded The first same loss or damage, we will not pay more than the Named Insured shown in the Declarations is actual amount of the loss or damage authorized to make changes in the terms of this policy with our consent This policy's terms can be amended G. Liberalization or waived only by endorsement issued by us and If we adopt any revision that would broaden the made a part of this policy. coverage under this policy without additional premium C. Concealment, Misrepresentation Or Fraud within forty-five (45) days prior to or during the policy period, the broadened coverage will immediately This policy is void in any case of fraud by you as it apply to this policy relates to this policy at any time. It is also void if you or any other insured, at any time, intentionally conceal H. Other Insurance or misrepresent a material fact concerning 1. If there is other insurance covering the same loss 1. This policy; or damage, we will pay only for the amount of 2. The Covered Property; covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not But we will not pay more than the applicable Limit of Insurance of SECTION I— 3. Your interest in the Covered Property; or PROPERTY 4. A claim under this policy. 2. Business Liability Coverage is excess over. D. Examination Of Your Books And Records a. Any other insurance that insures for direct We may examine and audit your books and records physical loss or damage, or as they relate to this policy at any time during the b. Any other primary insurance available to you policy period and up to three (3)years afterward covering liability for damages arising out of E. Inspections And Surveys the premises or operations for which you 1. We have the right to have been added as an additional insured by attachment of an endorsement PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc Page 47 of 48 3. When this insurance is excess, we will have no 3. The first Named Insured must keep records of the duty under Business Liability Coverage to defend information we need for premium computation, any claim or "suit" that any other insurer has a and send us copies at such times as we may duty to defend. If no other insurer defends,we will request undertake to do so, but we will be entitled to the K. Transfer Of Rights Of Recovery Against Others To insured's rights against all those other insurers Us I. Premiums 1. Applicable to Businessowners Property 1. The first Named Insured shown in the Coverage: Declarations: If any person or organization to or for whom we a. Is responsible for the payment of all premi- make payment under this policy has rights to ums, and recover damages from another, those rights are b. Will be the payee for any return premiums we transferred to us to the extent of our payment pay That person or organization must do everything necessary to secure our rights and must do 2. The premium shown in the Declarations was nothing after loss to impair them But you may computed based on rates in effect at the time the waive your rights against another party in writing, policy was issued On each renewal, continuation a. Prior to a loss to your Covered Property or anniversary of the effective date of this policy, we will compute the premium in accordance with b. After a loss to your Covered Property only if, our rates and rules then in effect at time of loss, that party is one of the 3. With our consent, you may continue this policy in following force by paying a continuation premium for each (1) Someone insured by this insurance; successive one year period The premium must (2) A business firm. be- a. Paid to us prior to the anniversary date,and (a) Owned or controlled by you;or b. Determined in accordance with Paragraph 2. (b) That owns or controls you; or above (3) Your tenant Our forms then in effect will apply If you do not You may also accept the usual bills of lading o, pay the continuation premium, this policy will shipping receipts limiting the liability of carriers expire on the first anniversary date that we have not received the premium This will not restrict your insurance 4. Undeclared exposures or change in your busi- 2. Applicable to Busmessowners Liability Coverage ness operation, acquisition or use of locations If the insured has rights to recover all or part of may occur during the policy period that are not any payment we have made under this policy, shown in the Declarations If so, we may require those rights are transferred to us The insured an additional premium That premium will be must do nothing after loss to impair them At our determined in accordance with our rates and rules request, the insured will bring "suit" or transfer then in effect those rights to us and help us enforce them This J. Premium Audit condition does not apply to Medical Expenses Coverage 1. This policy is subject to audit if a premium L. Transfer Of Your Rights And Duties Under This designated as an advance premium is shown in the Declarations We will compute the final Policy premium due when we determine your actual Your rights and duties under this policy may not be exposures transferred without our written consent except in the 2. Premium shown in this policy as advance pre- case of death of an individual Named Insured mium is a deposit premium only At the close of If you die, your rights and duties will be transferred to each audit period we will compute the earned your legal representative but only while acting within premium for that period and send notice to the the scope of duties as your legal representative Until first Named Insured The due date for audit your legal representative is appointed, anyone having premiums is the date shown as the due date on proper temporary custody of your property will have the bill If the sum of the advance and audit your rights and duties but only with respect to that premiums paid for the policy period is greater property than the earned premium, we will return the excess to the first Named Insured PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 48 of 48 I Policy Number. PSBOOD2093 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY, RLIPack° ERISA ENDORSEMENT This endorsement modifies insurance provided under the following• BUSINESSOWNERS COVERAGE FORM SECTION I — PROPERTY, G. Optional Coverages, 2. 3. If the first Named Insured in the Declarations is an Employee Dishonesty of the Businessowners entity other than a Plan, any payment we make to Coverage Form is changed as follows- that insured for loss sustained by a Plan will be held by that Insured for the use and benefit of the Plan Your Employee welfare or pension benefit plan(s) that sustaining the loss are subject to the Employee Retirement Income Security 4. If two or more Plans are insured under this Act of 1974 (hereinafter called Plan) are included as endorsement, any payment we make for loss; insureds under the Employee Dishonesty coverage but only to the extent provided in this endorsement a. Sustained by two or more Plans, or In compliance with certain provisions of the Employee b. Of commingled "money", "securities", or other Retirement Security Act of 1974(ERISA) property of two or more Plans, 1. "Employee'also includes any natural person who is; that arises out of one occurrence is to be shared by a. A trustee, an officer, employee, administrator or each Plan sustaining loss in the proportion that the a manager, except an administrator or a Limit of Insurance required for each Plan bears to manager who is an independent contractor of the total of those limits any Plan insured under this endorsement, and 5. The Deductible applicable to Employee Dishonesty b. Your director or trustee while that person is does not apply to loss sustained by any Plan(s) handling "money", "securities", or other property 6. Any of your Plan(s) that meet the requirements of of any Plan insured under this endorsement. ERISA is an insured under this endorsement. 2. If any Plan is insured jointly with any other entity 7. The most we will pay for loss in any one occurrence under this insurance, you or the Plan Administrator is the Limit of Insurance shown in the declarations must select a Limit of Insurance for ERISA Employee Dishonesty that is sufficient to provide an amount of insurance for each Plan that is at least equal to that required if each Plan were separately insured ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 300 06 10 Page 1 of 1 Policy Number: PSB0002093 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR DESIGN PROFESSIONALS PROPERTY ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT This schedule is provided only as a convenience It should not be assumed to provide a reference to every provision that can affect a question, claim or coverage To determine the full scope of coverage and pertinent restrictions and exclusions,the policy, including endorsements, must be read it its entirety 1. Property Limitations—Interior Damage 2. Business Income And Extra Expense—Newly Acquired Premises 3. Forgery Or Alteration Increased Limit 4. Increased Cost Of Construction—Ordinance Or Law Expanded Coverage 5. Business Income And Extra Expense From Dependent Properties 6. Electronic Data 7. Interruption Of Computer Operations 8. Contract Penalty Clause 9. Identity Fraud Expense 10. Unauthorized Business Card Use 11. Utility Services—Direct Damage 12. Fine Arts 13. Newly Acquired Or Constructed Property For Buildings And Business Personal Property 14. Business Personal Property Off Premises 15 Outdoor Property 16. Personal Effects 17. Valuable Papers And Records 18. Accounts Receivable 19. Business Income And Extra Expense—Billable Hours Option 20. Computer Fraud 21. Limited Budding Coverage—Tenant Obligation ' 22. Water Back Up And Sump Overflow 23. Utility Services—Time Element 24 Non-Owned Detached Trailers 25 Property Loss Conditions— Replacement Cost 26. Money And Securities 27. Employee Dishonesty 28. Property Definitions PPB 301 WA 11 12 Page 1 of 10 This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM Property Limitations—Interior Damage (4) Business Income and Extra Expense due to Section I A.4. Limitations, paragraph a(5) is an increased "period of restoration" caused deleted by or resulting from the enforcement of any law or ordinance that regulates the construc- 2. Business Income And Extra Expense — Newly tion or repair of any property or requires the Acquired Premises tearing down of parts of any property not With respect to Section I A.S. Additional damaged by a Covered Cause of Loss, Coverages, f. Business Income and g. Extra however the most we will pay for Business Expense, coverage is extended to Newly Acquired Income and Extra Expense for any increase Premises The most we will pay in any one in the"period of restoration" is the lesser of occurrence for business income and extra expense (a) $50,000, or is$500,000 Insurance under this Additional Coverage for each (b) The amount of actual and necessary newly acquired premises will end when any of the loss you sustain during the increased following first occurs. period of suspension of your operations" a. This policy expires, b. The coverages provided by this extension apply b. One hundred eighty (180) days expire after you only if the building sustains direct physical dam- acquire that premises; age due to a Covered Cause of loss under this c. You report that premises to us; policy and such damage results in enforcement d. The Business Income or Extra Expense is more of the ordinance or law specifically insured c. Section I A.S. Additional Coverages, I. 3. Forgery Or Alteration Increased Limit Increased Cost Of Construction, paragraph (6) is deleted and replaced by the following Section I A.S. Additional Coverages, k. Forgery Or Alteration,paragraph (4) is deleted and replaced (6) The most we will pay for the Additional Cov- with the following erages in Increased Cost Of Construction — Ordinance or Law Expanded Coverage is (4) The most we will pay for any loss, including legal expenses, under this Additional Coverage is eac$250h 00 for each described premises or e $50,000, unless a higher Limit of Insurance is each damaged budding if the damaged shown in the Declarations budding is covered under a blanket limit of insurance 4. Increased Cost Of Construction — Ordinance Or 5. Business Income And Extra Expense From Law Expanded Coverage Dependent Properties a. With respect to Section I A.S. Additional Coverages, I. Increased Cost Of Construc- Section I A.S. Additional Coverages, m. Business tion, coverage is extended to include Income and Extra Expense From Dependent (1) The loss in value of the undamaged portion Properties, paragraph (1) is deleted and replaced of the building as a consequence of enforce- ment of any ordinance or law that requires (1) We will pay for the actual loss of Business demolition of undamaged parts of the same Income and Extra Expense you sustain due to building. physical loss or damage at the premises of a (2) The cost incurred to demolish and clear the dependent property caused by or resulting from site of undamaged parts of the same build- any Covered Cause of Loss The most we will ing as a consequence of enforcement of an pay under this Additional Coverage $50,000 ordinance or law that requires demolition of unless a higher Limit of Insurance is shown in such undamaged property the Declarations (3) Tenant's Improvements and Betterments as 6. Electronic Data described in Paragraph A 1.b.(3) if With respect to Section I A.S. Additional Cover- (a) You are a tenant, and ages, p. Electronic Data, coverage is extended to (b) A Limit of Insurance is shown in the apply to"Computer", and. Declarations for Business Personal The following replaces Section I A. Coverage, 2. Property at the described premises Property Not Covered, paragraph i.: PPB 301 WA 11 12 Page 2 of 10 I. "Electronic Data" (not including "stock") except (b) In any one occurrence for the following is as provided in Additional Coverages—Electronic the lesser of $100,000 or The Business Data Personal Property limit,for The following exclusions as described in Section 1 (1) Loss of or damage to "Computer" and to B. Exclusions do not apply to this Additional "Electronic Data", while in transit or at a Coverage premises other than the described a. Paragraph 1., b. Earth Movement; premise; b. Paragraph 1., e. Utility Services, (11) Loss of or damage to duplicates of your c. Paragraph 1., g.Water, "Electronic Data" while stored at a sep- d. Paragraph 2., a. Electrical Apparatus, or arate premises from where your original "Electronic Data" are kept, or for e. Paragraph 2., I. Other Types Of Loss, paragraph (6) (iii) Loss of or damage to "Computer', in- cluding such property you newly acquire Section I A.5 Additional Coverages, p. Electronic at each newly acquired premises, but Data, paragraph (2) is replaced by the following coverage will end when any of the (2) The Covered Causes of Loss applicable to following first occurs- Business Personal Property include "Head- I. This policy expires, or crash", or "electronic vandalism" introduced into or enacted on a computer system (including II. One hundred eighty (160) days ex- "electronic data") or a network to which it is con- pire after you acquire the "Compu- nected, designed to damage or destroy any part ter", or of the system or disrupt its normal operation But M. You report values to us. there is no coverage for loss or damage caused by or resulting from: (c) The most we will pay under this Additional (a) Manipulation of a computer system (in- Coverage for loss of or damage to "Elec- cluding "electronic data") by any employee, tronic Data" caused by or resulting from including a temporary or leased employee, "electronic vandalism", in any one occur- or by an entity retained by you, or for you, to rence is $100,000, including covered loss of inspect, design, install, modify, maintain, Business Income or Extra Expense, regard- repair or replace that system, less of the number of premises involved (b) Unexplained or indeterminable failure, mal- With respect to Section I A.S. Additional Cover- function, or slowdown of a computer system, ages, p. Electronic Data, the following paragraph is including "Electronic Data", or the inability to added access or properly manipulate "Electronic This Additional Coverage does not apply to property Data, or that is otherwise covered under the Business Per- (c) "Electronic vandalism", unless at the time of sonal Property Off Premises Coverage Extension loss or damage your computer system or a network to which it is connected With respect to Section I A.S. Additional Cover- ages, p Electronic Data, Section I F.4. Property (1) Employs the most current versions, up- General Conditions, Policy Period, Coverage dates and patches of commercially Territory, Paragraph b is replaced by the following available firewall, anti-virus, antispyware and software security protection, and b. The coverage territory is worldwide. (ii) Has had "electronic data" system back- 7. Interruption Of Computer Operations up within seventy-two (72) hours With respect to Section I A.5. Additional Cover- Section I A.S. Additional Coverages, p. Electronic ages, q. Interruption Of Computer Operations, Data, paragraph (3) is replaced by the following paragraphs(1) and (3) are replaced by the following (3) The most we will pay under this Additional (1) You may extend Business Income and Extra Coverage for loss of or damage- Expense limits of insurance to apply to a (a) To "Computer" and to 'Electronic Data", at "suspension" of `operations" caused by an the described premises, in any one occur- interruption of computer operations due to direct rence, is the Limit of Insurance shown in the physical loss of or damage to "Electronic Data" Declarations for Business Personal Property at or away from the described premises causec at such premises, or by or resulting from a Covered Cause of Loss PPB 301 WA 11 12 Page 3 of 10 (3) Unless a higher limit of insurance is shown in 9. Identity Fraud Expense the Declarations, the most we will pay under this a. We will pay for Expenses incurred by an Additional Coverage is `Insured Person" as a direct result of any one (a) $500,000 for the sum of all covered inter- `Identity Fraud" first discovered or learned of by ruptions arising out of all Covered Causes of such Insured Person during the policy period Loss occurring at the described premises Any act or series of acts committed by one or during each separate twelve (12) month more persons, or in which such person or per- period of this policy beginning with the sons are aiding or abetting others against an effective date of this policy, or 'Insured Person", is considered to be one (b) $25,000 in any one occurrence for a cov- "Identity Fraud", even if a series of acts con- ered interruption arising out of a Covered tinues into a subsequent policy period Cause of Loss occurring away from the b. With respect to this Additional Coverage described premises This limit applies (1) "Expense" means regardless of the number of premises involved (a) Costs for affidavits or similar documents attesting to fraud required by financial (c) $50,000 for the sum of all covered inter- institutions or similar credit grantors or ruptions arising out of all Covered Cause of credit agencies; Loss occurring away from the described premises during each separate twelve (12) (b) Costs for certified mail to law enforce- month period of this policy beginning with ment agencies, credit agencies, finan- the effective date of this policy, cial institutions or similar credit grantors; (d) The most we will pay under this Additional (c) Lost income resulting from Coverage for loss of or damage to "Elec- (I) Time taken off work to complete tronic Data" caused by or resulting from fraud affidavits, or "electronic vandalism" in any one occur- rence is the difference between $100,000 (ii) Meeting with or talking to law en- and the amount of loss paid under Section forcement agencies, credit agencies I.A.S. Additional Coverages, p. Electronic or legal counsel, up to a total Data, paragraph (3) (c), regardless of the payment of $15,000, subject to a number of premises involved maximum of$200 per day, With respect to Section I A.S. Additional Cover- (e) Loan application fees for reapplying for ages, q. Interruption Of Computer Operations, a loan or loans when the original ap- paragraphs (2)(a)and (b)are replaced with- plication is rejected solely because the lender received incorrect credit The Covered Causes of Loss that apply to"Compu- information, ter" and "Electronic Data" apply to coverage provided under this Additional Coverage (fl Reasonable attorney fees to: (i) Defend lawsuits brought against an 8. Contract Penalty Clause "Insured Person" by merchants, We will pay contract penalties you incur as a result financial institutions or their collec- of your failure to deliver your products or services tion agencies, within the time required by such contract, if the fad- (ti) Remove any criminal or civil ure is solely due to direct physical loss of or damage judgments wrongly entered against to property at the described premises caused by or an "Insured Person", or resulting from a Covered Cause of Loss (iii) Challenge the accuracy or com- The most we will pay under this Additional Coverage pleteness of any information in a is $25,000 for the sum of all covered contract consumer credit report penalties arising out of all Covered Causes of Loss (g) Charges for long distance telephone occurring during each separate twelve (12) month calls to report to, or discuss an actual period of this policy beginning with the effective date 'Identity Fraud"with of this endorsement The amount we pay under this Additional Coverage is in addition to the Limits of (t) Merchants, Insurance of SECTION I— PROPERTY (it) Law enforcement agencies; PPB 301WA 11 12 Page 4 of 10 (ill) Financial institutions or similar credit e. Regardless of the amount of the Business- grantors, or owners Property Coverage Deductible shown in (iv) Credit agencies, or the Declarations, the most we will deduct from any claim for Expenses under this Additional (h) Reasonable fees for professional finan- Coverage for any one"Identity Fraud" is$250 cial advice or professional credit advice f. The most we will pay under this Additional (2) "Identity Fraud" means Coverage is $25,000 for the sum of all covered The act of knowingly transferring or using, Expenses arising out of all "Identity Fraud" without lawful authority, a means of identi- against an "Insured Person" discovered during fication of an Insured Person with the intent each separate twelve (12) month period of this to commit, or to aid or abet another to com- policy beginning with the effective date of this mit, any unlawful activity that constitutes a endorsement violation of federal law or a felony under any g. In order for coverage to be provided under this applicable state or local law, and Additional Coverage, you must sent to us, within (3) "Insured Person" means: sixty(60) days after our request, receipts, bills or (a) For sole proprietorships other records that support your claim for Expenses under"Identity Fraud' coverage The individual who is the sole proprietor 10. Unauthorized Business Card Use of the Named Insured shown in the Declaration, We will pay for your loss of"money" or charges and costs you incur that result directly from the (b) For partnerships unauthorized use of credit, debit or charge cards Any individual that is a partner of the issued in your business name, including Named Insured shown in the a. Fund transfer cards, Declaration (c) For corporations or any other type of b. Charge plates, or organization c. Telephone cards. The Chief Executive Officer, and any The most we will pay under this Additional Coverage individual who has an ownership interest in any one occurrence is$5,000 of at least twenty percent (20%) of the 11. Utility Services—Direct Damage Named Insured shown in the Declarations, a. We will pay for loss of or damage to Covered Property caused by the interruption of services c. The following additional exclusions apply to this to the described premises The interruption must Additional Coverage result from direct physical loss or damage by a We will not pay for. Covered Cause of Loss to the following property (1) Expenses incurred due to any fraudulent, not on the described premises dishonest or criminal act by (1) 'Water Supply Services", (a) An "Insured Person", (2) "Communication Supply Services"; or (b) Any person aiding or abetting an (3) "Power Supply Services" "Insured Person", or The most we will pay for loss or damage under (c) Any authorized representative of an this Additional Coverage in any one occurrence "Insured Person" whether acting alone is $25,000 at each described premises or in collusion with others, b. Payments under this Additional Coverage are (2) Expenses incurred that are not related to the subject to and not in addition to the applicable identity of an individual, or Limit of Insurance (3) Loss other than Expenses Account 12. Fine Arts balances which arise out of fraudulent or a. When a Limit of Insurance is shown in the unauthorized charges would be one Declarations for Business Personal Property at example of loss other than Expenses. any described premises, we will pay for direct d. This Additional Coverage does not apply to physical loss of or damage to "fine arts' which Expenses otherwise covered under the Unauth- are owned by orized Business Card Use Additional Coverage. (1) You, or PPB 301WA 11 12 Page 5 of 10 (2) Others and in your care, custody, or control (a) Actual cash value of the property at the We will pay for loss of or damage to "Fine Arts' time of loss, or caused by or resulting from a Covered Cause of (b) The cost of reasonably restoring that Loss anywhere in the coverage territory. property to its condition immediately b. Regardless of the number of premises described before the loss the most we will pay for loss or damage under g. In the event of loss, the value of property will be this Additional Coverage in any one occurrence determined as of the time of loss is $100,000 unless a higher limit is shown in the Declarations The amount we pay under this In. The following are added to Paragraph E. Additional Coverage is in addition to the Limits Property Loss Conditions under SECTION 1 — of Insurance of SECTION 1—PROPERTY PROPERTY c. The breakage limitation under Paragraph (1) In the case of loss to any pair or set we will• A.4.b.(2) does not apply to this Additional (a) Repair or replace any part to restore the Coverage pair or set to its value before the loss, or d. The following are the only exclusions that apply to this Additional Coverage: (b) Pay the difference between the value of the pair or set before and after the loss (1) We will not pay for loss or damage caused by or resulting from wear and tear, any (2) You must arrange for the fine arts to be quality in the property that causes it to packed and unpacked by competent damage or destroy itself, gradual deteriora- packers tion, insects, birds, rodents or other animals, 13. Newly Acquired Or Constructed Property For (2) We will not pay for loss or damage caused Buildings And Business Personal Property by or resulting from dampness or dryness of These Coverage Extensions are changed as follows: atmosphere, or changes in or extremes of temperature, a. The limit applicable to Coverage Extension a. (3) We will not pay for loss or damage caused Newly Acquired Or Constructed Property, (1) by or resulting from any repairing, restora- Buildings is increased to$1,000,000. tion or retouching process, b. The limit applicable to Coverage Extension a. (4) Paragraph B ,1.,c. Governmental Action; Newly Acquired Or Constructed Property, (2) Business Personal Property is increased to (5) Paragraph 13J., d. Nuclear Hazard, $500,000 (6) Paragraph B.,1., f. War And Military Action, 14. Business Personal Property Off Premises (7) Paragraph B.,2.,k. Neglect. The following replaces Coverage Extension b. e. With the exception of architectural models, the Business Personal Property Off Premises. value of fine arts will be the least of the following b. Business Personal Property Off Premises amounts. (1) When a Limit of Insurance is shown in the (1) The `market value" of the property at the Declarations for Business Personal Property time of loss, at the described premises, you may extend (2) The cost of reasonably restoring that prop- the limit of insurance to apply to direct erty to its condition immediately before the physical loss of or damage to such property loss, or caused by or resulting from a Covered (3) The cost of replacing that property with Cause of Loss while substantially identical property. (a) In the course of transit to or from the f. For architectural models the value will be described premises, or determined based on the following: (b) Temporarily away from the described (1) If the architectural model is repaired or premises, and. rebuilt, the value will be the cost to repair or (i) At a premises you do not own, lease rebuild, without deduction for depreciation; or operate, or but (ii) At any fair, trade show or exhibition (2) If the architectural model is not repaired or at a premises you do not own or rebuilt the value will be the lesser of regularly occupy PPB 301 WA 11 12 Page 6 of 10 (2) This Coverage Extension applies to "Elec- 15. Outdoor Property tronic Data' and "Computer" only with The following replaces Coverage Extension c. respect to the following types of property Outdoor Property paragraph (2) principally used while off the described premises, including accessories and spare (2) The most we will pay for loss or damage under parts related to such item this Extension is $10,000 at each described (a) Machinery, location, unless a higher Limit of Insurance for Outdoor Property is shown in the Declarations, (b) Equipment, but not more than$1,000 for any one tree, shrub (c) Tools; or plant. (d) Devices, and 16. Personal Effects (e) Scientific instruments, including total The following replaces Coverage Extension d. Stations, theodolites, and GPS Personal Effects instruments. d. Personal Effects (3) This Coverage Extension does not apply to You may extend the insurance that applies to property Business Personal Property to apply to personal ( effects owned by you, your officers, your a) While in the custody of the United States Postal Service, partners or members, your managers or your employees at each described premises (b) Rented or leased to others, The most we will pay for loss or damage under (c) After delivery to customers, this extension is $25,000 at each described (d) In the care, custody, or control of your premises salespersons, unless the property is in 17. Valuable Papers And Records such care, custody, or control at a fair, The following replaces Coverage Extension e. trade show, or exhibition Valuable Papers And Records paragraph (1) (e) Temporarily at a premises for more than (1) When a Limit of Insurance is shown in the Dec- one hundred eighty (180) consecutive larations for Business Personal Property at the days described premises, you may extend that limit to (f) Otherwise covered under the Fine Arts apply to direct physical loss of or damage to Additional Coverage, or "valuable papers and records" at or away from the described premises, that (g) Otherwise covered under the following (a) You own, or Coverage Extensions (b) Are owned by others, but in your care, (i) Accounts Receivable custody, or control; (ii) Electronic Data Processing Caused by or resulting from a Covered Cause of (iii) Personal Effects, or Loss This Coverage Extension includes the cost to research, replace, or restore the lost (iv) Valuable Papers and Records information on "valuable papers and records" for (4) The most we will pay for loss of or damage which duplicates do not exist to the following types of property while off Coverage extension e. Valuable Papers and the described premises is $5,000 for any Records paragraph (2)(b) is deleted one item, including accessories, spare parts, With respect to the Coverage Extension e. Valuable "Electronic Data" and "Computers" related to such item Papers and Records, paragraph (3) is replaced by the following (a) Machinery, (3) The most we will pay under this Coverage (b) Equipment; Extension for loss of or damage to "valuable (c) Tools; papers and records" in any one occurrence is $100,000 unless a higher limit of insurance is (d) Devices; and scheduled in the Declarations, regardless of the (e) Scientific instruments, including total number of described premises involved Stations, theodolites, and GPS The following is added to the Coverage Extension e instruments Valuable Papers and Records PPB 301 WA 11 12 Page 7 of 10 With respect"valuable papers and records"of others limit of insurance to apply to loss of or damage in your care, custody, or control covered under this to Business Personal Property resulting directly Coverage Extension, the owner may have other from the use of any computer to fraudulently insurance covering the same property as this cause a transfer of that property from inside the insurance This insurance is intended to be primary, building at the described premises or 'banking and not contribute with such other insurance premises" 18. Accounts Receivable b. Limitations paragraph A.4.a.(4) does not apply The following changes Coverage Extensions f. to this Coverage Extension Accounts Receivable, paragraph (2)as follows c. The most we will pay under this Coverage (2) The ,most we will pay under this Coverage Extension in any one occurrence is $25,000, Extension for loss or damage in any one occur- regardless of the number of premises involved rence, whether at or away from the described 21. Limited Building Coverage—Tenant Obligation premises, is $250,000, unless a higher Limit of a. When a Limit of Insurance is shown in the Insurance for accounts receivable is shown in Declarations for Business Personal Property at the Declaration the described premises you may extend that 19. Business Income And Extra Expense — Billable insurance to apply to direct physical loss of or Hours Option damage to that part of a building you occupy as You may choose to have a covered business a tenant caused by or resulting from a Covered income loss paid on a Billable Hours basis If you do Cause of Loss provided that so, the following applies under this Coverage (1) You are a tenant; and Extension with respect to such loss (2) You are contractually obligated to repair or Paragraph A.5.f.(1)(c) is replaced by the following• replace that part of a building you occupy as (c) Business Income means- a tenant; (i) The income that would have been generated b. This Coverage Extension does not apply to any from Billable Hours normally charged by you otherwise covered or to your clients for services performed by (i) Budding glass,or you or your employees if no physical loss or (h) Tenants improvements and betterments as damage occurred, and described in Paragraph A.1.b.(3). (ii) Other income of your business that would c. The most we will pay under this Coverage have been earned or incurred if no physical Extension in any one occurrence is $10,000 at loss or damage occurred, but each described premises Minus expenses which do not necessarily 22. Water Back Up And Sump Overflow continue a. When a Limit of Insurance is shown in the Within Paragraph A.S.f.(1)(c), the term Billable Declarations for Budding or Business Personal Hours replaces the term Net Income as Property at the described premises, you may referenced within such provision; extend that limit of insurance to apply to direct (1) Billable Hours means the dollar value physical loss of or damage to Covered Property assigned to one hour of service you normal- at the described premises caused by or resulting ly charge to a client for work performed by from water or sewage that backs up or overflows you or your employees including time from a sewer, drain, or sump resulting from charged for support functions such as (1) Water or waterborne material which backs copying and typing, up through or overflows or is otherwise (ii) The most we will pay for loss of business discharged from a sewer or dram, or income under this Coverage Extension in (2) Water or waterborne material which over- any one occurrence is$50,000, and flows or is otherwise discharged from a This option is not available for any coverage sump, sump pump or related equipment, provided by A.S. Additional Coverages, i. Civil even if the overflow or discharge results Authority. from mechanical breakdown 20. Computer Fraud However, coverage does not apply to loss or damage resulting from an insured's failure to a. When a Limit of Insurance is shown in the perform routine maintenance or repair neces- Declarations for Business Personal Property at sary to keep a sewer, drain, or sump free from the described premises, you may extend that obstruction. PPB 301 WA 11 12 Page 8 of 10 b. Exclusions paragraph 13.1.g.(3) does not apply c. The most we will pay for loss or damage under to this Coverage Extension this coverage extension in any one occurrence c. The most we will pay for loss or damage under is $5,000 regardless of the number of described this Coverage Extension in any one occurrence premises or"traders' involved is $25,000 at each described premises unless a d. This insurance is excess over the amount due higher limit of insurance is shown in the (whether you can collect on it or not) from any Declarations other insurance covering such property 23. Utility Services—Time Element 25. Property Loss Conditions a. When you have coverage for Business Income E. Property Loss Conditions S. Loss Payment and Extra Expense, you may extend that m- d.(1)(a) is amended to read surance to apply to the loss of Business Income or Extra Expense caused by the interruption of (1) "At replacement cost without deduction for service to the described premises The interrupt- depreciation, subject to the following tion must result from direct physical loss or (a) We will pay the cost to repair or replace, damage by a Covered Cause of Loss to the fol- after application of the deductible and lowing property not on the described premises. without deduction for depreciation, but not (1) "Water Supply Services', or more than the least of the following (2) 'Power Supply Services', or amounts (3) "Communication Supply Services". (1) The Limit of Insurance under SECTION 1 — PROPERTY that applies to the lost b. We will pay the actual loss sustained from the or damaged property, initial time of service(s) failure at the described premises but only when the service interruption (11) The cost to replace, on the same at the described premises exceeds twenty-four premises, the lost or damaged property (24) hours immediately following the direct with other property physical loss or damage Coverage does not 1. Of comparable material and quality; apply to any reduction of Income after service and has been restored to your premises ii. Used for the same purpose, or c. The most we will pay for loss under this Coverage Extension in any one occurrence is (III) The amount that you actually spend that $25,000 at each described premises is necessary to repair or replace the lost 24. Non-Owned Detached Trailers or damaged property a. When a Limit of Insurance is shown in the If a building is rebuilt at a new premises, the cost is limited to the cost which would have Declarations for Business Personal Property at been incurred had the building been built at the described premises, you may extend that the original premises insurance to apply to direct physical loss of or damage to "traders" that you do not own, E. Property Loss Conditions 5. Loss Payment provided that- d.(b) is deleted (1) The "trader'is used in your business E. Property Loss Conditions 8.Vacancy 8.a.(1)(b) (2) The "trader" is in your care, custody, or is deleted control at the described premises, and 26. Money And Securities (3) You have a contractual responsibility to pay The following change is made to G. Optional for loss of or damage to the "trailer" Coverages, 1. Money and Securities b. We will not pay for loss or damage that occurs: Paragraph c. is replaced with (1) While the "trailer" is attached to any motor c. The most we will pay for loss in any one vehicle or motorized conveyance, whether occurrence is or not the motor vehicle or motorized con- ' veyance is in motion, or (1) $25,000 unless a higher limit is shown in the Declarations for Inside the Premises for (2) During hitching or unhitching operations, or "money"and "securities'while when a "trailer" becomes accidentally un- hitched from a motor vehicle or motorized (a) In or on the described premises, or conveyance. (b) Within a bank or savings institution; and PPB 301WA 11 12 Page 9 of 10 (2) $25,000 unless a higher limit is shown in the firmware and electronic backup facilities, in- Declarations for Outside the Premises for cluding systems accessible through the internet, "money" and "securities" while anywhere itranets, extranets or virtual private networks. else "Communications Supply Services" means property 27. Employee Dishonesty supplying communication services, including tele- Section G. Optional Coverages, 2. Employee phone, radio, microwave or television services to the Dishonesty, paragraph c. is deleted and replaced described premises,such as with the following a. Communication transmission lines, including c. The most we will pay for loss or damage in any optic fiber transmission lines, one occurrence is $25,000 unless a higher Limit b. Coaxial cables, and of Insurance for Employee Dishonesty is shown c. Microwave radio relays except satellites. in the Declarations 28. Property Definitions: "Fine Arts" The following changes are made to H. Property a. Means paintings, etchings, pictures, renderings, Definitions: architectural models, tapestries, art glass win- dows, valuable rugs, statuary, marbles, bronzes, "Electronic Vandalism" means any acts by persons, antique furniture, rare books, antique silver, other than "employees", involving any of the porcelains, rare glass, bric-a-brac, and similar following property with historical value, or artistic merit, a. Willful or malicious destruction of computer pro- and grams, content, instructions or other electronic b. Does not mean any glass that is part of a or digital data stored within computer systems, building or structure or "Headcrash" means physical damage to disks, b. Unauthorized computer code or programming tapes, or hardware caused by a contact of electro- that magnetic heads (which read or write information, (1) Deletes, distorts, corrupts or manipulates with such disks or tapes computer programs, contents, instructions or "Market value" means the price which the property other electronic or digital data, or otherwise might be expected to realize if offered for sale in a results in damage to computers or computer fair market systems or networks to which is introduced, "Power Supply Services" means the following types (2) Replicates itself, impairing the performance of property supplying electricity, steam or gas to the of computers or computer systems, described premises (3) Gains remote control access to data and a. Utility generating plants, programming within computers or computer b. Switching stations, systems or networks to which it is intro- duced, for uses other than those intended c. Substations, for authorized users of the computers or d. Transformers, and computer systems; or e. Transmission Imes (4) Any other type of computer virus, harmful code or similar instruction introduced into or "Trailers" means trailers, semi-trailers, and portable enacted on a computer system (including on demand storage shipping containers "electronic data"), designed to damage or "Water Supply Services" means the following types destroy any part of the system or disrupt its of property supplying water to the described normal operation. premises: As used in this definition, computer system a. Pumping stations; and means computer hardware, and "electronic data" b. Water mains. stored thereon, as well as associated input and output devices, terminal devices, data storage devices, networking equipment, components, ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 301 WA 11 12 Page 10 of 10 Policy Number PSB0002093 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM-SECTION II - LIABILITY The following exclusion is added to B. Exclusions: b. "Property damage"in the course of removing This insurance does not apply to "bodily injury," asbestos, asbestos fibers or asbestos products. "property damage," "personal and advertising injury," 4. Any loss, cost or expense arising out of any or medical payments arising out of request, demand or order that any insured or 1. Asbestos, asbestos fibers or asbestos products or others test for, monitor, clean up, remove, contain, to any obligation of the insured to indemnify treat, detoxify or neutralize, or in any way respond another and/or contribute with another because of to, or assess the effects of asbestos, asbestos damages ansing out of, or as a result of such "bodily fibers, or asbestos products,or injury," "property damage;."personal and advertising 5. Any loss, cost or expense arising out of any claim injury,"or medical payments, or"suit' by or on behalf of a govemmental authority 2. Any supervision, instructions, recommendations, for damages, because of testing for, monitoring, notices, warnings, testing, monitoring or advice cleaning up, removing, containing, treating, given or which should have been given in detoxifying or neutralizing, or in any way connection with the manufacturing, selling, renting, responding to, or assessing the effects of asbestos, consulting, removal, demolition, and/or distributing asbestos fibers, or asbestos products of asbestos, asbestos fibers or asbestos products In addition,we shall not be obligated to investigate, to pay or products or premises containing asbestos, any claim or judgment or to defend any "suit' for "boddh 3. Removal of asbestos or products containing injury," "property damage," "personal and advertising asbestos including injury,' or medical payments caused by, resulting from or arising out of asbestos, asbestos fibers or asbestos a. Cost of asbestos removal and replacement with products other fire retardant materials, ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 303 06 10 Page 1 of 1 Policy Number PSB0002093 RLI Insurance Company Named Insured:Noel, Inc THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM-SECTION II—LIABILITY 1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury", "property damage" or "personal and and we will not share with that other insurance, advertising injury" caused in whole or in part by you provided that or those acting on your behalf a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations, which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement, or to you, or b. The "personal and advertising injury" for which c. In connection with "your worK' and included coverage is sought arises out of an offense within the "product-completed operations committed after you have entered into that hazard" contract or agreement The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. this endorsement is limited as follows Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II — any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services" out of "your work" performed by you, or on your c. This endorsement does not increase any of the behalf, under a contract or agreement with that limits of insurance stated in D Liability And person or organization We waive these rights only Medical Expenses Limits of Insurance where you have agreed to do so as part of a contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury" or"property damage"occurs, or the "personal (BUT APPLICABLE ONLY TO SECTION 11 — and advertising injury"offense is committed LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 Policy Number PSB0002093 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® BROADENED NAMED INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM-SECTION II—LIABILITY BROADENED NAMED INSURED The Named Insured shown in the Declarations is amended as follows- The person or organization named in the Declarations and any organization, other than a partnership, joint venture, limited liability company or trust, of which you are the sole owner or in which you maintain the majority ownership interest on the effective date of the policy However, coverage for any such additional organization will cease as of the date, if any, during the policy period, that you no longer maintain the majority ownership interest ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 305 06 10 Page 1 of 1 Policy Number PSB0002093 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° DISCRIMINATION EXCLUSION This endorsement modifies insurance provided under the following. BUSINESSOWNERS COVERAGE FORM -SECTION II—LIABILITY The following exclusion is added to B. Exclusions: This insurance does not apply to "bodily injury," "property damage," "personal and advertising injury," or medical pay- ments arising out of discrimination based on, but not limited to, race, color, creed, sex, religion, age, weight, national origin, gender, handicap, familial preference, or sexual preference ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 307 06 10 Page 1 of 1 Policy Number PSB0002093 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° LEAD EXCLUSION This endorsement modifies insurance provided under the following. BUSINESSOWNERS COVERAGE FORM-SECTION II—LIABILITY The following exclusion is added to B. Exclusions: 4. Any loss, cost or expense arising out of any This insurance does not apply to "bodily injury," request, demand or order that any insured or "property damage," "personal and advertising injury," or other test for,ify omonitor, neutralize, up, any way respond medical payments arising out of treat, to, or assess the effects of lead, or 1. The ingestion, inhalation or absorption of lead in 5. Any loss, cost or expense arising out of any claim or any form or to any obligation of the insured to "suit" by or on behalf of a governmental authority for indemnify another and/or contribute with another damages, because of testing for, monitoring, because of damages arising out of, or as a result of such "bodily injury," "property damage," "personal cleaning up, removing, containing, treating, and advertising injury,"or medical payments, detoxifying or neutralizing, or in any way responding to, or assessing the effects of lead 2. Any supervision, instructions, recommendations, In addition,we shall not be obligated to investigate,to pay notices, warnings, testing, monitoring or advice any claim or judgment or to defend any "suit" for "bodily given or which should have been given in injury," "property damage," "personal and advertising connection with the manufacturing, selling, renting, consulting, removal, demolition and/or distributing of injury,' or medical payments caused b resulting from or lead or products or premises containing lead, arising out of the ingestion, inhalationn or absorption of lead in any form. 3. Removal of lead or products containing lead, including "property damage" in the course of removing lead, ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 310 06 10 Page 1 of 1 Policy Number. PSB0002093 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR DESIGN PROFESSIONALS PROFESSIONAL SERVICES EXCLUSION This endorsement modifies insurance provided under the following• BUSINESSOWNERS COVERAGE FORM-SECTION II—LIABILITY 1. Section If BAJ. Exclusions, Professional development or programming service, or Services is deleted and replaced by the following selection of a contractor, subcontractor or j. Professional Services subconsultant, "Bodily injury", "property damage" or "personal c. Monitoring, testing, or sampling service nec- and advertising injury" arising out of the essary to perform any of the services included in rendering or failure to render any "Professional a orb above. services" d. Legal, accounting or advertising services, 2. The following is added to Section II F Liability and e. Medical, surgical, dental, x-ray or nursing Medical Expenses Definitions services treatment, advice or instruction; "Professional services" means any service requiring f. Any health or therapeutic service treatment, specialized skill or training including but not limited advice or instruction, to the following g. Any service, treatment, advice or instruction for a. Preparing, approving, or failing to prepare or the purpose of appearance or skin approve any map, shop drawing, opinion, report, enhancement, hair removal or replacement or survey, field order, change order, design, personal grooming, drawing, specification, recommendation, permit h. Optometry or optical or hearing aid services application, payment request, manual or instruction, including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic b. Supervision, inspection, quality control, archi- lenses and similar products or hearing aid tectural, engineering or surveying activity or devices, service, job site safety, warning or failure to i. Body piercing services; and warn, construction contracting, construction administration, construction management, j. Services in the practice of pharmacy computer consulting or design, software ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 312 06 10 Page 1 of 1 Policy Number, PSB0002093 RLI Insurance Company Named Insured:Noel, Inc THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS SCHEDULED ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM —SECTION II—LIABILITY Schedule Name of Person(s)or Organization(s)- as per schedule on file with agent 1. SECTION II C. Who Is An Insured is amended to primary basis, or a primary and non-contributory include as an additional insured the person or basis, this insurance is primary to other insurance organization shown in the schedule above, but only that is available to such additional insured which with respect to liability for "bodily injury", "property covers such additional insured as a named insured, damage" or "personal and advertising injury" and we will not share with that other insurance, caused in whole or in part by you or those acting on provided that your behalf a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you havE b. In connection with premises owned by or rented entered into that contract or agreement, or to you, or b. The "personal and advertising injury' for which c. In connection with "your work" and included coverage is sought arises out of an offense within the "product-completed operations committed after you have entered into that hazard". contract or agreement 2. The insurance provided to the additional insured by 4. The following is added to SECTION III K.2 Transfer this endorsement is limited as follows of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply to the rendering APPLICABLE TO SECTION I — PROPERTY AND of or failure to render any "professional SECTION II—LIABILITY) services" We waive any rights of recovery we may have b. This endorsement does not increase any of the against any person or organization because of limits of insurance stated in D. Liability And payments we make for "bodily injury", "property Medical Expenses Limits of Insurance damage" or "personal and advertising injury" arising 3. The following is added to SECTION III H 2 Other out of "your work" performed by you, or on your Insurance — COMMON POLICY CONDITIONS behalf, under a contract or agreement with that (BUT APPLICABLE ONLY TO SECTION II — person or organization We waive these rights only LIABILITY) where you have agreed to do so as part of a contract or agreement with such person or However, if you specifically agree in a contract or organization entered into by you before the "bodily agreement that the insurance provided to an injury" or"property damage" occurs, or the "personal additional insured under this policy must apply on a and advertising injury"offense is committed ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 313 02 12 Page 1 of 1 Policy Number PSB0002093 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR DESIGN PROFESSIONALS LIABILITY ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. First Aid And Good Samaritan Services B. Supplementary Payments C. Reasonable Force—Bodily Injury Or Property Damage D. Non-Owned Watercraft E. Canoes Or Rowboats F. Damage To Premises Rented To You G. Aircraft Chartered With Crew H. Electronic Data Liability I. Who Is An Insured—Newly Acquired Or Formed Organizations J. Who Is An Insured—Unnamed Partnership Or Joint Venture K. Additional Insured—Owner, Manager Or Lessor Of Premises Or Leased Equipment L. Additional Insured—State Or Political Subdivisions—Permits Related To Premises Or Operations M. General Aggregate Limit—Per Project Or Per Location N. Knowledge And Notice Of Occurrence Or Offense O. Amended Bodily Injury Definition '. Amended Insured Contract Definition—Construction Or Demolition Operations Within 50' Of Railroad Amended Personal And Advertising Injury Definition—Electronic Material R. Unintentional Omission S. Waiver Of Transfer Of Rights Of Recovery Against Others To Us PPB 316 02 11 Page 1 of 7 This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM—SECTION II—LIABILITY AND SECTION III AS IT PERTAINS TO LIABILITY ONLY A. First Aid And Good Samaritan Services a. Expected or Intended Injury 1. The following is added to Section II A.1. 'Bodily Injury" or 'property damage" Business Liability Coverages expected or intended from the standpoint of We will pay those sums that the insured the insured This exclusion does not apply becomes legally obligated to pay as damages to "bodily injury' or "property damage" because of"bodily injury"arising out of either the resulting from the use of reasonable force to rendering of or failure to render, "First Aid" or protect persons or property "Good Samaritan Services" to any person For D. Non-Owned Watercraft the purposes of this coverage grant, "First Aid" 1. Section II B 1.g. Exclusions, Aircraft,Auto Or or "Good Samaritan Services"will be deemed to Watercraft Subparagraph (2) is deleted and meet the definition of "occurrence" For the purposes of determining the applicable limits of replaced by the following insurance, any act or omission together with all (2) A watercraft you do not own that is" related acts or omissions in the rendering of "First Aid" or "Good Samaritan Services" to any (a) Up to seventy-five (75)feet long; and one person will be deemed one"occurrence" (b) Not being used to carry persons or a. "First Aid" means initial care for medical property for a charge, attention immediately following a "bodily 2. Only as respects to the insurance provided by injury' this provision C. Who Is An Insured is b. "Good Samaritan Services" means medical amended to include as an insured any person attention provided in an emergency and for who, with your express consent uses the which no remuneration is demanded or watercraft received 3. The insurance provided by this provision shall be 2. The insurance provided by this provision shall excess over any valid and collectible other be excess over any valid and collectible other insurance available to the insured, whethei insurance available to any insured whether primary, excess, contingent or on any other primary, excess, contingent or any other basis, basis, except for the insurance purchased except for insurance purchased specifically by specifically by you to apply in excess of the you to apply in excess of the limits of Insurance Limits of Insurance shown in the declarations for shown in the declarations for Business Liability. this Coverage Part B. Supplementary Payments E. Canoes Or Rowboats Section II A.1.f. Coverage Extension — The following is added to the exceptions contained Supplementary Payments Paragraphs 1.(b) and in Section 11 B.1.g. Exclusions, Aircraft, Auto Or 1.(d)are deleted and replaced with the following Watercraft: (b) Up to $2,500 for the cost of bail bonds required (6) Any non-motorized canoe or rowboat owned by because of accidents or traffic violations arising the insured Only as respects to the insurance out of any vehicle to which Business Liability provided by this provision C. Who Is An Coverage for "bodily injury" applies We do not Insured is amended to include as an insured have to furnish these bonds. any person who, with your express consent, uses any such canoe or rowboat (d) All reasonable expenses incurred by the insured at our request to assist in the investigation or F. Damage to Premises Rented to You defense of the claim or "suit", including actual 1. The last paragraph of Section it B.1. loss of earnings up to $500 a day because of Exclusions — Applicable To Business time off work Liability Coverage is deleted and replaced by C. Reasonable Force — Bodily Injury Or Property the following Damage Section II B.1.a. Exclusions, Expected Or Intended Injury, is deleted and replaced by the following: PPB 316 02 11 Page 2 of 7 t Exclusions c.,d.,e.,f.,g.,h.,i.,k.,l.,m.,n. and o. in "Electronic data" means information, facts or SECTION II — LIABILITY do not apply to programs stored as or on, created or used on, or damage by water, fire, explosion, lightning, or transmitted to or from computer software smoke resulting from fire to premises while (including systems and applications software), rented to you, or temporarily occupied by you hard or floppy disks, CD-ROMS, tapes, drives, with permission by the owner. A separate cells, data processing devices or any other Damage To Premises Rented To You Limit of media which are used with electronically Insurance applies to this coverage as described controlled equipment in paragraph D. Liability And Medical 3. For the purposes of the coverage provided by Expenses Limits of Insurance in SECTION II— this endorsement, Section II F. Liability And LIABILITY Medical Expenses Definitions, Paragraph 17. 2. Section 11 F.9.a. Liability And Medical is deleted and replaced by the following Expenses Definitions, is deleted and replaced by the following 17. "Property damage"means a. A contract for a lease of premises However, a. Physical injury to tangible property, that portion of the contract for a lease of including all resulting loss of use of that premises that indemnifies any person or property All such loss of use shall be organization for damage by water, fire, deemed to occur at the time of the explosion, lightning, or smoke resulting from physical injury that caused it, fire to premises while rented to you or b. Loss of use of tangible property that is temporarily occupied by you with permission not physically injured All such loss of of the owner is not an "insured contract", use shall be deemed to occur at the 3. This provision does not apply if coverage for time of the "occurrence" that caused it, Damage To Premises Rented To You is or excluded by another endorsement to this policy c. Loss of, loss of use of, damage to, G. Aircraft Chartered With Crew corruption of, inability to access, or in- 1. The following is added to the exceptions ability to properly manipulate "electronic contained in Section 11 B.1.g Exclusions, data', resulting from physical injury to Aircraft,Auto or Watercraft: tangible property All such loss of "electronic data" shall be deemed to (6) Any non-owned aircraft chartered to you occur at the time of the "occurrence" with a crew including a pilot that caused it 2. The insurance provided by this provision shall For the purposes of this insurance, be excess over any valid and collectible other "electronic data" is not tangible property. insurance available to the insured whether 1. Who Is An Insured — Newly Acquired Or Formed primary, excess, contingent or on any other basis, except for insurance purchased Organizations specifically by you to apply in excess of the The following is added to Section II C. Who Is An Limits of Insurance shown in Declarations Insured: H. Electronic Data Liability Any organization you newly acquire or form, other 1. Section II B.1.q. Exclusions is deleted and than a partnership, joint venture or limited liability replaced by the following company, over which you maintain ownership or majority interest, will qualify as a Named Insured if q. Electronic Data there is no other similar insurance available to that Damages arising out of the loss of, loss of organization However use of, damage to, corruption of, inability to 1. Coverage under this provision is afforded only access, or inability to manipulate "electronic until the one hundred eightieth (180`h) day after data" that does not result from physical you acquire or form the organization or the end injury to tangible property of the policy period, whichever is earlier, 2. The following definition is added to Section II F. 2. Coverage does not apply for "bodily injury" or Liability And Medical Expenses Definitions "property damage" that occurred before you acquired or formed the organization. PPB 316 02 11 Page 3 of 7 3. Coverage does not apply for "personal and (1) Only if the "bodily injury", "property dam- advertising injury" arising out of an offense age" or "personal and advertising injury committed before you acquired or formed the "is caused, in whole or in part, by you or organization any person or organization performing 4. This provision does not apply to any operations on your behalf, and arises organization for which coverage is excluded by out of the ownership, maintenance or another endorsement to this policy use of that part of any premises leased to you under that contract or agreement; J. Who Is An Insured — Unnamed Partnership Or or Joint Venture (2) The"bodily injury","property damage"or 1. The last paragraph of Section II C. Who Is An "personal and advertising injury " is Insured: is deleted and replaced by the caused, in whole or in part, by you or following. any person or organization performing No person or organization is an insured with operations on your behalf, and arises respect to the conduct of any current or past out of the maintenance,operation or use partnership, joint venture or limited liability of equipment leased to you by such company that is not shown as a Named Insured additional insured, in the Declarations However this limitation does 2. The insurance provided to such additional in- not apply to your liability with respect to your sured under this provision is subject to the conduct of the business of any current or past following partnership orloint venture a. The limits of insurance afforded to such a. That is not shown as a Named Insured in additional insured shall be the limits which the Declarations, and you agreed to provide in the contract or b. In which you are a member or partner but agreement, or the limits shown in the only if Declarations, whichever are less, and (i) Each and every member or partner in b. The insurance afforded to such additional that joint venture or partnership is not a insured does not apply, construction contractor, and (1) To any "bodily injury" or "property dam- (u) The joint venture or partnership is not age" that occurs, or "personal anc providing construction contracting advertising injury" caused by an offense services committed, after you cease to be a tenant in that premises, 2. This provision does not apply to any person or (2) To any structural alterations, construc- organization for which coverage is excluded by tion or demolition operations performed another endorsement to this policy by or on behalf of such additional 3. The insurance provided by this provision shall insured, be excess over any valid and collectible other (3) To any premises for which coverage is insurance, whether primary, excess, contingent or on any other basis, which is available excluded by another endorsement to this Coverage Part, covering your liability with respect to your conduct of the business of any current or past (4) To any "bodily injury" or "property dam- partnership or joint venture that is not shown as age" that occurs, or "personal and a Named Insured in the Declarations and which advertising injury" caused by an offense is issued to such partnership or joint venture committed, after the equipment lease K. Additional Insured — Owner, Manager Or Lessor expires,or Of Premises Or Leased Equipment (5) If the equipment is leased with an Section II C. Who Is An Insured is amended to operator include as an insured 3. This provision does not apply on any basis to 1. Any person or organization that you have any person or organization for which coverage as an additional insured specifically is added by agreed in contract or agreement to include as an additional insured on this policy, but. another endorsement to thhisis policy a. Only with respect to liability for"bodily injury" or "property damage" that occurs, or "personal and advertising injury" caused by an offense committed, after you have entered into that contract or agreement, and PPB 316 02 11 Page 4 of 7 L. Additional Insured — State Or Political is twice the Liability and Medical Expenses Subdivisions — Permits Related To Premises Or limit Operations The aggregate limit for all "bodily injury" and Section II C. Who Is An Insured is amended to "property damage", medical expenses and include as an insured "personal and advertising injury" other than "bodily injury" or "property damage" included in 1. Any state or political subdivision that has issued a permit in connection with premises owned or the products-completed operations hazard" occupied by, or rented or loaned to, you, but applies separately to each of your "projects" only with respect to "bodily injury", "property away from premises owned by or occupied by owned by or you or to each of your "location damage", "personal and advertising injury" s' occupied by you arising out of the existence, ownership, use, maintenance, repair, construction, erection or "Projects" mean an area away from premises removal of advertising signs, awnings, canopies, owned by or rented to you at which you are cellar entrances, coal holes, driveways, performing operations pursuant to a contract or manholes, marquees, hoist away openings, agreement For the purposes of determining the sidewalk vaults, elevators, street banners or applicable aggregate limit of insurance, each decorations for which that state or political "project" at the same "location" shall be subdivision has issued such permit considered a single"project" 2. Any state or political subdivision that has issued For the purposes of this provision, 'location" a permit, but only with respect to "bodily injury", means "property damage", "personal and advertising 1. premises involving the same or connecting injury" arising out of operations performed by lots; you or on your behalf for which that state or political subdivision has issued such permit 2. premises where connection is interrupted However, no such state or political subdivision is only by a street, roadway, waterway or right- an insured for of-way of a railroad; or a. "Bodily injury", "property damage", "personal 3. premises where operations are performed in and advertising injury" arising out of op- sections, stages or phases as a continuation erations performed for that state or political of the same contract or agreement, even if subdivision, or the premises do not involve connecting lots b. "Bodily injury" or "property damage" Subject to Paragraph a. or b. above, whichever included within the "products-completed applies, the Damage To Premises Rented To operations hazard". You Limit is the most we will pay for damages M. General Aggregate Limit — Per Project Or Per because of "property damage" to any one Location premises, while rented to you, or in the case of fire, explosion, lightning, smoke resulting from Section II D. Liability And Medical Expenses such fire, explosion or lightning, or water while Limits of Insurance, Paragraph 4. Aggregate rented to you or temporarily occupied by you Limits is deleted and replaced by the following with permission of the owner 4. Aggregate Limits The Limits of Insurance of SECTION II — The most we will pay for: LIABILITY apply separately to each consecutive annual period and to any remaining period of a. All "bodily injury" and "property damage" less than twelve (12) months, starting with the that is included in the "products-completed beginning of the policy period shown in the operations hazard" is twice the Liability and Declarations, unless the policy period is Medical Expenses limit extended after issuance for an additional period b. All. of less than twelve (12) months In that case, the additional period will be deemed part of the last (1) "Bodily injury" and "property damage" preceding period for purposes of determining the except damages because of "bodily in- Limits of Insurance jury" or "property damage" included in N. Knowledge And Notice Of Occurrence Or the "products-completed operations Offense hazard", The following is added to Section II E. 2. Liability (2) Plus medical expenses; and Medical Expenses General Conditions, (3) Plus all "personal and advertising injury" Duties In The Event of Occurrence, Offense, caused by offenses committed; Claim Or Suit: PPB 316 02 11 Page 5 of 7 Notice of an "occurrence" or of an offense which 3. The insurance provided by this provision shall may result in a claim must be given as soon as be excess over any valid and collectible Railroad practicable after knowledge of the "occurrence" or Protective Liability insurance available to an offense has been reported to you, one of your insured , whether primary, excess, contingent or "executive officers" (if you are a corporation), one of on any other basis, except for the insurance your partners who is an individual (if you are a purchased specifically by you to apply in excess partnership), one of your managers (if you are a of the Limits of Insurance shown in the limited liability company), one of your trustees who is declarations for this Coverage Part an individual (if you are a trust), or an "employee" Q. Amended Personal And Advertising Injury (such as an insurance, loss control or risk manager Definition—Electronic Material or administrator) designated by you to give such notice. 1. The definition of "personal and advertising Knowledge by any other "employee" of an "occur- injury" in Section II F.14.d. Liability And rence' or offense does not imply that you also have Medical Expenses Definitions is deleted and such knowledge replaced by the following Notice of an "occurrence" or of an offense which d. Oral,written or electronic publication, in any may result in a claim will be deemed to be given as manner, of material that slanders or libels a soon as practicable to us if it is given in good faith as person or organization or disparages a soon as practicable to your workers' compensation, person's or organization's goods, products accident, or health insurer This applies only if you or services, subsequently give notice of the "occurrence" or 2. The definition of "personal and advertising offense to us as soon as practicable after you, one injury" in Section II F.14.e. Liability And of your"executive officers"(if you are a corporation), Medical Expenses Definitions is deleted and one of your partners who is an individual (if you are replaced by the following a partnership), one of your managers (if you are a e. Oral, written or electronic publication, in any limited liability company), one of your trustees who is an individual (if you are a trust), or an "employee" right ofmannerpri privacy, that violates a person's (such as an insurance, loss control or risk manager or administrator) designated by you to give such 3. Section II B.1 p.(2) Exclusions for Personal notice discovers that the "occurrence" or offense And Advertising Injury is deleted and replaces' may involve this policy by the following O. Amended Bodily Injury Definition (2) Arising out of oral, written or electronic The definition of "bodily injury" in Section II F.3. publication of material if done by or at the Liability And Medical Expenses Definitions is direction of the insured with knowledge of its deleted and replaced by the following falsity, "Bodily injury" means injury to the body, sickness, 4. Section II B.1.p.(2) Exclusions for Personal disease, or death `Bodily injury" also means mental And Advertising Injury is deleted and replaced injury, mental anguish, emotional distress, pain and by the following. suffering, or shock resulting from injury to the body, (3) Arising out of oral, written or electronic sickness, disease or death of any person. publication of material whose first P. Amended Insured Contract Definition — publication took place before the beginning Construction Or Demolition Operations Within of the policy period; 50' Of Railroad R. Unintentional Omission 1. The definition of "insured contract" in Section II The following is added to SECTION III — COMMON F.9.c Liability And Medical Expenses POLICY CONDITIONS Paragraph C. Concealment, Definitions is deleted and replaced by the Misrepresentation Or Fraud (BUT APPLICABLE following ONLY TO SECTION II—LIABILITY) c. Any easement or license agreement However as it pertains to Business Liability 2. The definition of "insured contract" in Section II Coverage only, the unintentional omission of, or F.91(1) Liability And Medical Expenses unintentional error in, any information provided by Definitions is deleted you which we relied upon in issuing this policy shall not prejudice your rights under this insurance This provision does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance witl applicable insurance laws or regulations PPB 316 02 11 Page 6 of 7 S. Waiver Of Transfer Of Rights Of Recovery b. Ongoing and completed operations Against Others To Us performed by you, or on your behalf, under a SECTION III — COMMON POLICY CONDITIONS contract or agreement with that person or Paragraph K.2. Transfer of Rights of Recovery organization, Against Others to Us (BUT APPLICABLE ONLY c. Your"work",or TO SECTION II — LIABILITY) is deleted and d. "Your products". replaced by the following 2. Applicable to Business Liability Coverage We waive these rights only where you have agreed to do so as part of a contract or agree- We waive any rights of recovery we may have ment entered into by you before the "bodily against any person or organization because of injury" or "property damage" occurs or the payments we make for "bodily injury", "property "personal and advertising injury" offense is damage", "personal injury and advertising injury" committed arising out of a. Premises owned by you, temporarily occu- pied by you with permission of the owner, or leased or rented to you, ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 316 02 11 Page 7 of 7 Policy Number PSB0002093 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° EQUIPMENT BREAKDOWN ENDORSEMENT This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM A. The following is added to Paragraph A.3. Covered (2) expedite permanent repairs or Causes Of Loss in SECTION I—PROPERTY permanent replacement. Additional Coverage—Equipment Breakdown The most we will pay for loss or expense The term Covered Cause of Loss includes the under this coverage is$100,000 Additional Coverage Equipment Breakdown as b. Hazardous Substances described and limited below We will pay for the additional cost to repair 1. We will pay for direct physical damage to or replace Covered Property because of Covered Property that is the direct result of an contamination by a "hazardous substance" "accident" As used in this Additional Coverage, This includes the additional expenses to "accident" means a fortuitous event that causes clean up or dispose of such property direct physical damage to "covered equipment" This does not include contamination of The event must be one of the following "perishable goods" by refrigerant, including a. mechanical breakdown, including rupture or but not limited to ammonia, which is bursting caused by centrifugal force, addressed in 2.c.(1)(b) below As used in b. artificially generated electrical, magnetic or this coverage, additional costs mean those electromagnetic energy, including electric beyond what would have been payable arcing, that damages, disturbs, disrupts or under this Equipment Breakdown Coverage otherwise interferes with any electrical or had no "hazardous substance" been electronic wire, device, appliance, system or involved network, The most we will pay for loss, damage or c. explosion of steam boilers, steam pipes, expense under this coverage, including steam engines or steam turbines owned or actual loss of Business Income you sustain leased by you, or operated under your and necessary Extra Expense you incur, is control, $100,000 d. loss or damage to steam boilers, steam c. Spoilage pipes, steam engines or steam turbines (1) We will pay caused by or resulting from any condition or (a) for physical damage to "perishable event inside such equipment, or goods" due to spoilage, e. loss or damage to hot water boilers or other water heating equipment caused by or (b) for physical damage "perishable resulting from any condition or event inside goods)ease off due t contamination from the release such boilers or equipment refrigerant, including but not limited to ammonia, 2. The following coverages also apply to the direct result of an "accident" These coverages do not (c) any necessary expenses you incur provide additional amounts of insurance to reduce the amount of loss under this coverage to the extent that they a. Expediting Expenses do not exceed the amount of loss With respect to your damaged Covered that otherwise would have been Property, we will pay the reasonable extra payable under this coverage, cost to (1) make temporary repairs, and PPB 318WA 11 11 Includes copyrighted material of Insurance Services Office, Inc ,with its permission Page 1 of 4 (2) If you are unable to replace the B. The following is added to Paragraph B. Exclusions "perishable goods" before its anticipated Equipment Breakdown Exclusions sale, the amount of our payment will be determined on the basis of the sales All exclusions in the Businessowners Coverage price of the "perishable goods' at the Form apply except as modified below and to the time of the "accident," less discounts extent that coverage is specifically provided by this and expenses you otherwise would Additional Coverage Equipment Breakdown. have had Otherwise our payment will be determined in accordance with the 1. The following exclusions are modified Loss Payment condition a. The following is added to Exclusion B.1.g.- The most we will pay for loss, damage or However, if electrical "covered equipment" expense under this coverage is$100,000 requires drying out because of Water as d. Data Restoration described in g.(1) through g.(3) above, we will pay for the direct expenses of such We will pay for your reasonable and drying out subject to the applicable Limit of necessary cost to research, replace and Insurance and deductible for Building or restore lost"electronic data." Business Personal Property, whichever The most we will pay for loss or expense applies under this coverage, including actual loss of b. As respects this endorsement only, the next Business Income you sustain and necessary to the last paragraph in Exclusion B.1.h. is Extra Expense you incur, is $100,000 deleted and replaced with the following e. Service Interruption However, if excluded loss or damage, as (1) Any insurance provided for Business described in Paragraph (1) above results in Income, Extra Expense or Spoilage is an "accident," we will pay only for the loss, extended to apply to your loss, damage damage or expense caused by such 11 or expense caused by the interruption of accident" utility services. The interruption must c. As respects this endorsement only, the last result from an "accident' to equipment, paragraph of Exclusion B.2.1. is deleted and including overhead transmission lines, replaced with the following that is owned by a utility, landlord, a landlord's utility or other supplier who But if an excluded cause of loss that is listed provides you with any of the following in 2.1.(1) through (7) results in an "accident," services electrical power, waste we will pay for the loss, damage or expense disposal, air conditioning, refrigeration, caused by that"accident" heating, natural gas, compressed air, d. The following is added to Exclusions B.2.m. water, steam, internet access, and B.2.n. telecommunications services, wide area networks or data transmission The We will also pay for direct physical loss or equipment must meet the definition of damage caused by an "accident." "covered equipment"except that it is not 2. The following exclusions are added Covered Property a. We will not pay for loss, damage or expense (2) Service Interruption coverage will not caused by or resulting from apply unless the failure or disruption of service exceeds twenty-four (24) hours (1) a hydrostatic, pneumatic or gas immediately following the"accident." pressure test of any boiler or pressure (3) The most we will pay in any "one vessel, or an electrical insulation breakdown test of any type of electrical accident" for loss, damage or expense equipment, or under this coverage is the applicable limit for Business Income, Extra (2) any of the following Expense or Spoilage (a) defect, programming error, program- f. Business Income and Extra Expense ming limitation, computer virus, Any insurance provided under this policy for malicious code, loss of data, loss of access, loss of use, loss of function- Business Income or Extra Expense is ality or other condition within or extended to the coverage provided by this involving "electronic data" of any endorsement The most we will pay for loss kind or or expense is the applicable limit for Business Income and Extra Expense PPB 318WA 11 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 4 (b) misalignment, miscalibration, trip- 3. Environmental, Safety and Efficiency ping off-line, or any condition which Improvements can be corrected by resetting, If "covered equipment" requires replacement tightening, adjusting or cleaning, or due to an "accident," we will pay your additional by the performance of maintenance. cost to replace with equipment that is better for However, if an "accident" results, we will the environment, safer or more efficient than the pay for the resulting loss, damage or equipment being replaced expense caused by that"accident." However, we will not pay more than one b. With respect to Service Interruption cover- hundred twenty-five percent (125%) of what the age, we will also not pay for an "accident" cost would have been to replace with like kind caused by or resulting from fire, lightning, and quality This condition does not increase windstorm or hail, explosion (except as any of the applicable limits This condition does specifically provided in A.1.c. above), not apply to any property to which Actual Cash smoke, aircraft or vehicles, riot or civil Value applies commotion, vandalism, sprinkler leakage, D. The following definitions are added falling objects, weight of snow, ice or sleet, freezing; collapse,flood or earth movement. 1. "Covered equipment" c. With respect to Business Income, Extra a. "Covered equipment" means Covered Expense and Service Interruption cover- Property ages, we will also not pay for any increase in loss resulting from an agreement between (1) that generates, transmits or utilizes you and your customer or supplier. energy, including electronic communica- tions and data processing equipment, or d. We will not pay for any loss or damage to (2) which, during normal usage, operates animals under vacuum or pressure, other than C. CONDITIONS the weight of its contents The following conditions are in addition to the b. None of the following is "covered Conditions in the Businessowners Coverage Form equipment" 1. Suspension (1) structure, foundation, cabinet, compart- Whenever "covered equipment" is found to be ment or air supported structure or in, or exposed to, a dangerous condition, any of building, our representatives may immediately suspend (2) insulating or refractory material, the insurance against loss from an "accident" to that "covered equipment" This can be done by (3) sewer piping, buried vessels piping, mailing or delivering a written notice of or piping forming a part of a sprinkler or fire suppression system, suspension to a. your last known address, or (4) water piping other than boiler feedwater piping, boiler condensate return piping b. the address where the "covered equipment" or water piping forming a part of a is located refrigerating or air conditioning system, Once suspended in this way, your insurance can (6) "vehicle" or any equipment mounted on be reinstated only by an endorsement for that a"vehicle", "covered equipment" If we suspend your (6) satellite, spacecraft or any equipment insurance, you will get a pro rata refund of premium for that "covered equipment" for the mounted on a satellite or spacecraft, period of suspension But the suspension will be (7) dragline, excavation or construction effective even if we have not yet made or offered equipment, or a refund (8) equipment manufactured by you for 2. Jurisdictional Inspections sale. If any property that is "covered equipment" 2. "Hazardous substance" means any substance under this endorsement requires inspection to that is hazardous to health or has been declared comply with state or municipal boiler and to be hazardous to health by a governmental pressure vessel regulations, we agree to agency perform such inspection on your behalf PPB 318WA 11 11 Includes copyrighted material of Insurance Services Office, Inc,with its permission Page 3 of 4 3. "One accident" means If an initial "accident" However, any property that is stationary, causes other "accidents," all will be considered permanently installed at a covered location and "one accident" All "accidents" that are the result that receives electrical power from an external of the same event will be considered "one power source will not be considered a"vehicle." accident" The most we will pay for loss, damage or 4. "Perishable goods" means personal property expense under this endorsement arising from maintained under controlled conditions for its any "one accident" is the applicable Limit of preservation, and susceptible to loss or damage Insurance in the Declarations. Coverage if the controlled conditions change provided under this endorsement does not 5. "Vehicle" means, as respects this endorsement provide an additional amount of insurance only, any machine or apparatus that is used for transportation or moves under its own power. "Vehicle" includes, but is not limited to, car, truck, bus, trailer, train, aircraft, watercraft, forklift, bulldozer, tractor or harvester. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 318WA 11 11 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 4 of 4 Policy Number: PSB0002093 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° GREEN PROPERTY ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM-SECTION I—PROPERTY A. The following additional coverages are added iii. Certification Fees And Related 1. Green Building Upgrades and Related Equipment Testing Expenses a) We will pay fees imposed by the a. Paragraph E.5.d.(1) of the Loss Payment "Green standards-setter" in order to Property Loss Condition is amended to determine if certification or recerti- include Green Upgrades, meaning reason- fication is appropriate according to able additional costs and related expenses the organization's standard described below to repair or replace lost or b) We will pay your reasonable ex- damaged parts of Covered Buildings in the penses to test building systems and event of covered direct physical loss or building equipment following their damage with materials and products that are repair or installation as replace- recognized by a "Green standards-setter" as "Green", subject to all applicable terms and meets, when such testing is under- conditions of this endorsement Repair or taken in the course of submitting to replacement of lost or damaged parts of the the certification or recertification Covered Property is at our option process b. Related expenses include the following. c) We will not pay for any further modification if the building fails to I. Waste Reduction And Recycling obtain certification, recertification or We will pay your expense to. a specific level of certification. a) Reuse or salvage building materials; iv. Building Air-out And Related Air and Testing b) Extract and transport recyclable After repair or reconstruction is com- construction waste to appropriate pleted, we will pay your reasonable sites, expenses to flush out the renovated space and/or conduct air quality testing but any income received as a result of of the renovated space in accordance such waste reduction and recycling re- with the recommended procedures of a duces the amount of loss that otherwise "Green standards-setter" and for the would have been payable under this purpose of mitigating indoor air quality endorsement deficiencies resulting from the repair or ii. Design And Engineering Professional reconstruction. Fees c. The insurance provided under this We will pay reasonable and customary endorsement applies only if replacement fees for the services of an accredited cost valuation applies to the lost or damaged architect or engineer with respect to any building necessary design and engineering d. In the event of a loss for which we determine recommendations in the course of repair that it is necessary to replace a budding or replacement of damaged portions of component (such as a roof) or building the building system (such as a heating system), such replacement PPB 319 11 10 Page 1 of 4 I. Is limited to replacement of the f. We will not pay any additional cost to repair damaged building component or system or replace damaged property solely for the with a "Green" building component or purpose of achieving points toward system which serves the same primary certification or recertification of the property function as the damaged property, and by a "Green standards-setter". ii. Does not extend to modification or g. The following provisions, i.through iv., apply replacement of any other building com- to vegetated roofs ponent or system However, we may i. With respect to the coverage provided pay to repair or replace property that is under this endorsement, lawns, trees, necessarily damaged or destroyed in shrubs and plants which are part of a the course of replacing the damaged building component or system vegetated roof are deleted from Property Not Covered For example, if your traditional roof ii. The Coverage Extension — Outdoor sustains damage and we pay to replace Property does not apply to vegetated it with a vegetated roof, we would also roofs pay to restore damaged electrical wiring, if any, that ran through the damaged iii. The Additional Coverage — Limited roof and supported the building's Coverage For "Fungi", Wet Rot Or Dry existing electrical power system But in Rot does not apply to vegetated roofs such case we would not pay to replace iv. In addition to the exclusions that other the electrical wiring with solar panels, wise apply , because the roofs primary function is SECTION I PROPERTY, not to generate energy or distribute under Paragraph B. Exclusions, we will electrical power (In referring to costs we not pay for loss or damage t vegetated pay, this example assumes that such roofs caused by or resulting from costs are within the amount payable as a) Dampness or dryness of atmos- otherwise determined under this phere or of soil supporting the endorsement) vegetation, This paragraph A.1.d. reinforces the b) Changes in or extremes of policy's loss settlement provisions in the temperature, context of coverage for Green Upgrades, and is not meant to imply c) Disease; broader coverage for replacement of d) Frost or hail;or property other than building components or systems e) Rain, snow, ice or sleet, whether driven by wind or not e. We will not pay any additional cost, above the cost of a Green Upgrade, solely for the h. The most we will pay for the Green Building purpose of satisfying the minimum Upgrades and Related Expenses is requirements or recommended actions or determined by standards of an ordinance or law that i. Multiplying the percentage shown in the regulates the repair, use or construction of a declarations,times budding However, we will not disallow the cost of a Green Upgrade on the sole basis ii. The amount we would otherwise pay for that such upgrade also falls under the the direct physical loss of or damage to provisions of the ordinance or law. the building, prior to application of any applicable deductible With respect to coverage for Green Upgrades under this endorsement, we will iii. However, the most we will pay for the not pay any cost that is actually paid in loss additional cost incurred in any one settlement under another coverage, occurrence, regardless of the number of including but not limited to the Ordinance Or described premises involved, is $25,000 Law Coverage Endorsement or Increased unless a higher Limit of Insurance is Cost Of Construction Additional Coverage. shown in the declarations PPB 319 11 10 Page 2 of 4 2. Green Business Personal Property Upgrades D. The insurance provided under this endorsement a. Paragraph E.5.d.(1) of the Loss Payment does not apply to any of the following Property Loss Condition is amended to 1. Any building or business personal property in a include Green Upgrades meaning reason- building that that has been `vacant' for more able additional costs to repair or replace than sixty(60)days Business Personal Property, in the event of covered direct physical loss or damage, with 2. Any property covered under the Newly Acquired materials and products that are recognized or Constructed Property additional coverage by a "Green standards-setter" as "Green", E. We will not pay under this endorsement for the costs subject to all applicable terms and associated with enforcement of or conformance to conditions of this endorsement Repair or any standard which replacement of lost or damaged parts of the Covered Property is at our option 1. Requires the demolition, repair, replacement, reconstruction, remodeling or remediation of b. With respect to business personal property, property due to contamination by "pollutants" or Green Upgrade Coverage does not apply to. due to the presence, growth, proliferation, i. Personal property of others, spread or any activity of "fungi", wet rot or dry rot; ii. The Coverage Extension for Personal 2. Requires any insured or others to test for, Effects, monitor, clean up, remove, contain, treat, iii. Leased personal property,or detoxify or neutralize, or in any way respond to, iv. "Stock". or assess the effects of "pollutants", "fungi", wet rot or dry rot However, this Paragraph, E.2., c. The most we will pay for the Green Business does not negate the coverage set forth in Personal Property Upgrades is determined Building Air-out And Related Air Testing, by provided such coverage applies,or i. Multiplying the percentage shown in the 3. You were required to comply with before the declarations;times loss (even if the property was undamaged) and ii. The amount we would otherwise pay for you failed to comply the direct physical loss of or damage to F. If you elect not to make a Green Upgrade in the the budding, prior to application of any course of necessary repair or replacement of the applicable deductible property that has sustained loss or damage, we will iii. However, the most we will pay for the settle the loss to such property in accordance with additional cost incurred in any one the applicable terms and conditions of this policy excluding this endorsement occurrence, regardless of the number of described premises involved, is $25,000 G. Business Interruption unless a higher Limit of Insurance is The following provision applies only to the Additional shown in the declarations. Coverages for Business Income (including Extended B. We will not pay under this endorsement unless the Business Income)and Extra Expense property is actually repaired or replaced at the same The "period of restoration" is extended to include or another premises, and unless the repairs or the increased period of time attributable to the replacement are made as soon as reasonably coverage described in Paragraph A.1. and/or possible after the loss or damage, not to exceed one Paragraph A.2. Such extension is limited to thirty year If the property is being relocated to another (30) days However this provision does not premises, the most we will pay for Green Upgrades increase the amount of coverage available based is the cost of Green Upgrades at the original on the applicable Business Income and Extra premises, subject to all other terms and conditions of Expense provision shown in the declarations. this endorsement We may extend the one-year period in writing during H. Definitions the one year after the loss or damage As used in this endorsement C. The insurance provided under this endorsement 1. "Green standards-setter' means an organization applies only if replacement cost valuation applies to or governmental agency which produces and the lost or damaged Building or Business Personal maintains guidelines related to Green products Property and practices Green standards-setters include but are not limited to. PPB 319 11 10 Page 3 of 4 a. The Leadership in Energy and Environ- 2. "Green" means enhanced energy efficiency or mental Design (LEED®)program of the U S use of environmentally-preferable, sustainable Green Building Council; materials, products or methods in design, b. ENERGY STAR, a joint program of the U.S. construction, manufacture or operation, as Environmental Protection Agency and the recognized by a "Green standards-setter". U S Department of Energy, and c. Green GlobesTm, a program of the Green Building Initiative ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 319 11 10 Page 4 of 4 I POLICY NUMBER: PSB0002093 BUSINESSOWNERS BP 05 15 0108 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE Terrorism Premium (Certified Acts) $ Additional information, if any, concerning the terrorism premium: Information required to complete this Schedule, if not shown above, will be shown in the Declarations A. Disclosure Of Premium C. Cap On Insurer Participation In Payment Of In accordance with the federal Terrorism Risk In- Terrorism Losses surance Act, we are required to provide you with a If aggregate insured losses attributable to terrorist notice disclosing the portion of your premium, if acts certified under the Terrorism Risk Insurance any, attributable to coverage for terrorist acts certi- Act exceed $100 billion in a Program Year (Janu- fied under the Terrorism Risk Insurance Act The ary 1 through December 31) and we have met our portion of your premium attributable to such cov- insurer deductible under the Terrorism Risk Insur- erage is shown in the Schedule of this endorse- ance Act,we shall not be liable for the payment of ment or in the policy Declarations any portion of the amount of such losses that ex- B. Disclosure Of Federal Participation In Payment ceeds $100 billion, and in such case insured Of Terrorism Losses losses up to that amount are subject to pro rata al- location in accordance with procedures estab- The United States Government, Department of the lished by the Secretary of the Treasury Treasury, will pay a share of terrorism losses in- sured under the federal program The federal share equals 85% of that portion of the amount of such insured losses that exceeds the applicable insurer retention However, if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 bil- lion in a Program Year (January 1 through De- cember 31), the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion BP 05 15 0108 © ISO Properties, Inc, 2007 Page 1 of 1 ❑ BUSINESSOWNERS BP 05 17 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - SILICA OR SILICA-RELATED DUST This endorsement modifies insurance provided under the following. BUSINESSOWNERS COVERAGE FORM A. The following exclusion is added to Paragraph B. 4. Any loss, cost or expense arising, in whole Exclusions in Section II—Liability: or in part, out of the abating, testing for, B. Exclusions monitoring, cleaning up, removing, contain- ing,apply treating, detoxifying, neutralizing, reme- Pp Y diating or disposing of, or in any way re- SILICA OR SILICA-RELATED DUST sponding to or assessing the effects of, 1. 'Bodily injury" arising, in whole or in part, out "silica" or "silica-related dust', by any in- of the actual, alleged, threatened or sus- sured or by any other person or entity pected inhalation of, or ingestion of, "silica" B. The following definitions are added to Paragraph or"silica-related dust' F.Liability And Medical Expenses Definitions in 2. 'Property damage" arising, in whole or in Section II—Liability: part, out of the actual, alleged, threatened 1. "Silica" means silicon dioxide, (occurring in or suspected contact with, exposure to, ex- crystalline, amorphous and impure forms), sd- istence of, or presence of, "silica" or"silica- ica particles, silica dust or silica compounds related dust' 2. "Silica-related dust' means a mixture or combi- 3. 'Personal and advertising injury" arising, in nation of silica and other dust or particles whole or in part, out of the actual, alleged, threatened or suspected inhalation of, in- gestion of, contact with, exposure to exis- tence of, or presence of, "silica" or "silica- related dust" BP 0517 0106 0 ISO Properties, Inc, 2005 Page 1 of 1 ❑ BUSINESSOWNERS BP 05 23 01 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following. BUSINESSOWNERS COVERAGE FORM A. The following provisions are added to the Busi- If aggregate insured losses attributable to terronst nessowners Policy and apply to Property and Li- acts certified under the Terrorism Risk Insurance ability Coverages- Act exceed $100 billion in a Program Year (Janu- CAP ON CERTIFIED TERRORISM LOSSES ary 1 through December 31) and we have met our insurer deductible under the Terrorism Risk Insur- "Certified act of terrorism" means an act that is ance Act, we shall not be liable for the payment of certified by the Secretary of the Treasury, in con- any portion of the amount of such losses that ex- currence with the Secretary of State and the Attor- ceeds $100 billion, and in such case insured ney General of the United States, to be an act of losses up to that amount are subject to pro rata al- terronsm pursuant to the federal Terrorism Risk location in accordance with procedures estab- Insurance Act The criteria contained in the Terror- lished by the Secretary of the Treasury. ism Risk Insurance Act for a "certified act of terror- ism' include the following g provision B. The following rosion is added to Businessown ers Standard Property Coverage Form BP 00 01, 1. The act resulted in insured losses in excess of Businessowners Special Property Coverage Form $5 million in the aggregate, attributable to all BP 00 02 or Section I — Property of Busines- types of insurance subject to the Terrorism sowners Coverage Form BP 00 03: Risk Insurance Act, and APPLICATION OF OTHER EXCLUSIONS 2. The act is a violent act or an act that is dan- gerous to human life, property or infrastructure The terms and limitations of any terrorism exclu- and is committed by an individual or individuals sion, or the inapplicability or omission of a terror- as part of an effort to coerce the civilian popu- ism exclusion, do not serve to create coverage for lation of the United States or to influence the any loss which would otherwise be excluded under policy or affect the conduct of the United States this Coverage Form or Policy, such as losses ex- Government by coercion cluded by the Nuclear Hazard Exclusion or the War And Military Action Exclusion BP 05 23 0108 0 ISO Properties, Inc.,2007 Page 1 of 1 ❑ BUSINESSOWNERS BP 05 01 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM The following is added The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal, continuation, or anniversary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect BP 05 01 07 02 0 ISO Properties, Inc., 2001 Page 1 of 1 ❑ BUSINESSOWNERS BP 01 06 08 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES This endorsement modifies insurance provided under the following• BUSINESSOWNERS COVERAGE FORM A Section I—Property is amended as follows: Volcanic Action does not provide 1. Paragraphs A 2.a. and h. Property Not coverage for damage to Covered are replaced by the following (i) Land, a. Aircraft, automobiles or motortrucks, and (Ii) Property in the open or in open any other vehicle if such vehicle is subject sheds, or to licensing requirements, (iti) Portions of buildings not h. "Computer(s)" which are permanently completely enclosed, or personal installed or designed to be permanently property contained within those installed in any aircraft, watercraft, buildings motortruck or other vehicle subject to All volcanic eruptions that occur within licensing requirements This paragraph any 168-hour period will constitute a does not apply to computer(s)" while held single occurrence as"stock" 2. In the sections titled Covered Causes of Loss 2. Removal or Exclusions, any introductory paragraph Direct loss includes the cost to: preceding an exclusion or list of exclusions is a. Remove the ash, dust or particulate replaced by the following paragraph, which matter from the interior and exterior pertains to application of those exclusions surfaces of the covered building, and We will not pay for loss or damage caused by b. Clean equipment and stock. If stock any of the excluded events described below. cannot be returned to its state before Loss or damage will be considered to have the volcanic eruption, the measure of been caused by an excluded event if the loss will be the reduction in actual cash occurrence of that event value a. Directly and solely results in loss or Payment for removal applies only to the damage, or initial deposit of ash, dust or particulate b. Initiates a sequence of events that results in matter following a volcanic eruption loss or damage, regardless of the nature of Subsequent deposits arising from the any intermediate or final event in that movements of volcanic dust or ash by wind sequence or other means are not covered. 3 In Paragraph B.1.b.(5) Earth Movement The following applies to the Business Exclusion, the definition of Volcanic Action is Income and Extra Expense Additional replaced by the following Coverages only Volcanic Action The 'period of restoration" arising from the Volcanic Action means direct loss or need for removal is the time necessary to (5) remove the matter described with damage resulting from the eruption of a reasonable speed from the Covered volcano when loss or damage is caused Property. by Volcanic blast or airborne shock 3. Volcanic Action does not include loss (a) caused by, resulting from, contributed to or waves, or aggravated by. (b) Ash, dust or particulate matter. a. Fire, BP 0106 08 10 ©Insurance Services Office, Inc, 2010 Page 1 of 6 ❑ Y b. Explosion; (2) Rust or other corrosion, decay, c. Flood, surface water, waves (including deterioration, hidden or latent defect or tidal wave and tsunami), tides, tidal any quality in property that causes it to water, overflow of any body of water, or damage or destroy itself, spray from any of these, all whether or (3) Smog; not driven by wind (including storm (4) Settling, cracking, shrinking or surge), or expansion, d. Earth movement, including but not (5) Nesting or infestation, or discharge or limited to earthquake, volcanic eruption, release of waste products or secretions, landslide, mine subsidence, lava flow, by insects, birds, rodents or other mudflow, earth sinking, earth rising or animals, shifting 4. Paragraph B.1.g. Water Exclusion is replaced (6) Mechanical breakdown, including by the following rupture or bursting caused by centrifugal force a. Flood, surface water, waves (including tidal This exclusion does not apply with wave and tsunami), tides, tidal water, respect to breakdown of"computers", or overflow of any body of water, or spray from any of these, all whether or not driven by (7) The following causes of loss to personal wind (including storm surge), property b. Mudslide or mudflow, (a) Dampness or dryness of c. Water that backs up or overflows or is atmosphere; otherwise discharged from a sewer, drain, (b) Changes in or extremes of sump, sump pump or related equipment, temperature, or d. Water under the ground surface pressing (c) Marring or scratching on, or flowing or seeping through But if an excluded cause of loss that is (1) Foundations, walls, floors or paved listed in (1) through (7) results in a surfaces, "specified causes of loss", building glass (2) Basements, whether paved or not; or breakage or collapse, as provided in the Additional Coverage, Collapse results, we (3) Doors, windows or other openings,or will pay for the loss or damage caused by e. Waterborne material carried or otherwise that "specified causes of loss", building moved by any of the water referred to in glass breakage or collapse Paragraph a., c. or d., or material carried or 6. Paragraph B.3. Exclusions is replaced by the otherwise moved by mudslide or mudflow following This exclusion applies if any of the above, in 3. We will not pay for loss or damage caused Paragraphs a.through e.: by or resulting from any of the following, a. (Q Occurs independently, through c. But if an excluded cause of loss that is listed in a through c results in a ( i) Is caused by an act of nature; Covered Cause of Loss, we will pay for the (ill) Is caused by an act or omission loss or damage caused by that Covered of humans or animals,or Cause of Loss (iv) Is attributable to the failure, in a. Weather Conditions whole or in part, of a dam, levee, (1) A weather condition which results in seawall or other boundary or containment system (a) Landslide, mudslide or mudflow; But if any of the above, in Paragraphs a. (b) Mine subsidence, earth sinking, through e , results in fire, explosion or sprinkler rising or shifting (other than leakage, we will pay for the loss or damage sinkhole collapse), caused by that fire, explosion or sprinkler (c) Water, as described in leakage Paragraphs A.4.a through A.4.e. S. Paragraph B.2.1. Other Types Of Loss of this endorsement, Exclusion is replaced by the following I. Other Types Of Loss: (1) Wear and tear, I Page 2 of 6 ©Insurance Services Office, Inc., 2010 BP 01 06 08 10 ❑ But if loss or damage by fire, c. Legal Action Against Us is replaced by explosion or sprinkler leakage the following results, we will pay for the loss or Legal Action Against Us damage caused by that fire, explosion or sprinkler leakage No one may bnng a legal action against us (2) A weather condition which results in under this insurance unless the failure of power communication, a. There has been full compliance with all water or other utility service supplied of the terms of this insurance, and to the described premises, if the b. The action is brought within two years failure after the date on which the direct (a) Originates away from the physical loss or damage occurred described premises, or If this action is brought pursuant to Sec 3 (b)Originates at the described of RCW 48 30 then 20 days prior to filing premises, but only if such failure such an action, you are required to provide involves equipment used to written notice of the basis for the cause of supply the utility service to the action to us and the Office of the Insurance described premises from a Commissioner Such notice may be sent by source away from the described regular mail, registered mail, or certified premises mail with return receipt requested But if loss or damage by a Covered d. Paragraphs 5.d(1)(a)(ii) and 5 d.(1)(a)(iii) Cause of Loss results, we will pay for Loss Payment are replaced by the that resulting loss or damage following b. Acts Or Decisions (h) The amount it would cost to Acts or decisions, including the failure to replace the damaged item at the time of the loss with new property act or decide, of any person, group, organization or governmental body. But of similar kind and quality to be if loss or damage by a Covered Cause used for the same purpose on the same site, or of Loss results, we will pay for that iii The amount you y p resulting loss or damage ( 1) y actual) spend in c. Negligent Work repairing the damage, or replacing the damaged property Faulty, inadequate or defective with new property of similar kind (1) Planning, zoning, development, and quality surveying, siting, e. Subparagraph 5.d.(5) Loss Payment is (2) Design, specifications, workmanship, replaced by the following repair, construction, renovation, (5) Tenants' Improvements and remodeling, grading, compaction, Betterments at (3) Materials used in repair, (a) Replacement cost if you make construction, renovation or repairs within a reasonable time after remodeling, or loss, (4) Maintenance, (b) A proportion of your original cost if of part or all of any property on or off the you do not make repairs within a described premises But if loss or reasonable time after loss We will damage by a Covered Cause of Loss determine the proportionate value as results,we will pay for that resulting loss follows. or damage (i) Multiply the original cost by the 7. Paragraph E. Property Loss Conditions is number of days from the loss or amended as follows- damage to the expiration of the a. The last paragraph of Paragraph 2. lease, and Appraisal does not apply (ii) Divide the amount determined in (1) above by the number of days b. Paragraph 3.a.(1) Duties In The Event Of from the installation of Loss Or Damage, regarding notifying the improvements to the expiration of police if a law may have been broken, does the lease not apply. BP 01 06 08 10 ©Insurance Services Office, Inc ,2010 Page 3 of 6 ❑ If your lease contains a renewal (b) Performing duties related to the option, the expiration of the renewal conduct of the insured's business option period will replace the (2) Any obligation to share damages with or expiration of the lease in this repay someone else who must pay procedure. damages because of the injury (c) Nothing if others pay for repairs or This exclusion does not apply to liability replacement assumed by the insured under an "insured 8. Paragraph F.2. Mortgageholders Property contract" General Condition is replaced by the following 2, Paragraph C.2.a.(1) Who Is An Insured Insurance Commissioner's Regulation No applies only to "employees" of the insured 335MAC284-21-010 requires that Form 372 whose employment is not subject to the (Ed. 11-50) or Form 438 BFU (Ed. 5-42) be Industrial Insurance Act of Washington endorsed on this policy to replace the (Washington Revised Code Title 51). Mortgageholders Property General Condition With respect to "employees" of the insured 9. The following are added to Section I — whose employment is subject to the Industrial Property: Insurance Act of Washington, Paragraph a. The term actual cash value means: C.2 a (1) is replaced by the following (1) When the damage to property is (1) "Bodily injury"or"personal injury". economically repairable, actual cash (a) To you, to your partners or members value means the cost of repairing the if you area partnership or joint p 9 ( Y P p damage, less reasonable deduction for venture), to your members (if you are wear and tear, deterioration and a limited liability company), or to a obsolescence co-"employee" while that co- (2) When the loss or damage to property "employee" is either in the course of creates a total loss, actual cash value his or her employment or performing means the market value of property in a duties related to the conduct of your used condition equal to that of the business, or destroyed property, if reasonably (b) For which there is any obligation to available on the used market share damages with or repay (3) Otherwise, actual cash value means the someone else who must pay market value of new, identical or nearly damages because of the injury identical property less reasonable described in Paragraph (1)(a). deduction for wear and tear, C. Section III — Common Policy Conditions is deterioration and obsolescence amended as follows b. The word "vehicles", as used in Section I — 1. Paragraph A. Cancellation is replaced by the Property, means vehicles running on land following or tracks, but not aircraft A. Cancellation B. Section II— Liability is amended as follows: 1. The first Named Insured shown in the 1. Paragraph B.1.e. Employer's Liability Declarations may cancel this policy by Exclusion applies only to "bodily injury" to notifying us or the insurance producer in "employees" of the insured whose employment one of the following ways is not subject to the Industrial Insurance Act of a. Written notice by mail, fax or e-mail; Washington (Washington Revised Code Title 51) b. Surrender of the policy or binder, or With respect to"bodily injury"to"employees"of c. Verbal notice the insured whose employment is subject to Upon receipt of such notice, we will the Industrial Insurance Act of Washington, cancel this policy or any binder issued Paragraph B.1.e Employer's Liability is as evidence of coverage, effective on replaced by the following the later of the following e. Employer's Liability a. The date on which notice is received (1) "Bodily injury" to an "employee" of the or the policy or binder is insured arising out of and in the course surrendered,or Of. b. The date of cancellation requested (a) Employment by the insured; or by the first Named Insured Page 4 of 6 ©Insurance Services Office, Inc.,2010 BP 0106 08 10 ❑ 2. We may cancel this policy by mailing or 4. We will also mail or deliver to any delivering to the first Named Insured mortgageholder, pledgee or other and the first Named Insured's agent or person shown in this policy to have an broker written notice of cancellation at interest in any loss which may occur least. under this policy, at their last mailing a. Five days before the effective date of address known to us, written notice of cancellation for any structure where cancellation prior to the effective date of two or more of the following cancellation If cancellation is for conditions exist. reasons other than those contained in Paragraph A.2 a. above, this notice will (1) Without reasonable explanation, be the same as that mailed or delivered the structure is unoccupied for to the first Named Insured If more than 60 consecutive days, cancellation is for a reason contained in or at least 65% of the rental units Paragraph A 2.a. above, we will mail or are unoccupied for more than deliver this notice at least 20 days prior 120 consecutive days unless the to the effective date of cancellation structure is maintained for seasonal occupancy or is under 5. Notice of cancellation will state the construction or repair, effective date of cancellation The policy (2) Without reasonable explanation, period will end on that date progress toward completion of 6. If this policy is cancelled, we will send permanent repairs to the the first Named Insured any premium structure has not occurred within refund due If we cancel, the refund will 60 days after receipt of funds be pro rata If the first Named Insured following satisfactory adjustment cancels, the refund will be at least 90% or adjudication of loss resulting of the pro rata refund The cancellation from a fire, will be effective even if we have not (3) Because of its physical condition, made or offered a refund the structure is in danger of 7. If notice is mailed, proof of mailing will collapse, be sufficient proof of notice. (4) Because of its physical condition, 2. Paragraph H 1. Other Insurance is replaced a vacation or demolition order by the following has been issued for the structure, 1. With respect to insurance provided under or it has been declared unsafe in Section I—Property accordance with applicable law, a. You may have other insurance subject (5) Fixed and salvageable items to the same plan, terms, conditions and have been removed from the provisions as the insurance under this structure, indicating an intent to policy If you do, we will pay our share of vacate the structure, the covered loss or damage Our share (6) Without reasonable explanation, is the proportion that the applicable Limit heat, water, sewer, and electricity of Insurance under this policy bears to are not furnished for the structure the limits of insurance of all insurance for 60 consecutive days, or covering on the same basis (7) The structure is not maintained in b. If there is other insurance covering the substantial compliance with fire, same loss or damage, other than that safety and building codes described in a above, we will pay only for the amount of covered loss or b. 10 days before the effective date of damage in excess of the amount due cancellation if we cancel for from that other insurance, whether you nonpayment of premium can collect on it or not But we will not c. 45 days before the effective date of pay more than the applicable Limit of cancellation if we cancel for any Insurance other reason 3. We will mail or deliver our notice stating the actual reason for cancellation to the first Named Insured and the first Named Insured's agent or broker at their last mailing addresses known to us BP 0106 08 10 0 Insurance Services Office, Inc,2010 Page 5 of 6 ❑ 3. Paragraph 1.3. Premiums is replaced by the (2) Anniversary date of this policy if following this policy has been written for a 3. The premium must be: term of more than one year a. Paid to us prior to the anniversary date; If notice is mailed, proof of mailing and will be sufficient proof of notice b. Determined in accordance with Otherwise, we will renew this policy Paragraph 2. above unless Our forms then in effect will apply If you do (1) The first Named Insured fails to not pay the continuation premium, this pay the renewal premium after policy will expire on the first anniversary we have expressed our date that we have not received the willingness to renew, including a premium statement of the renewal premium, to the first Named 4. The following paragraph is added Insured and the first Named M. Nonrenewal Insured's insurance agent or a. We may elect not to renew this broker, at least 20 days before policy by mailing or delivering written the expiration date, notice of nonrenewal, stating the {2) Other coverage acceptable to the reasons for nonrenewal, to the first insured has been procured prior Named Insured and the first Named to the expiration date of the Insured's agent or broker, at their policy, or last mailing addresses known to us. (3) The policy clearly states that it is We will also mad to any not renewable, and is for a mortgageholder, pledgee or other specific line, subclassification, or person shown in this policy to have type of coverage that is not an interest in any loss which may offered on a renewable basis. occur under this policy, at their last mailing address known to us, written notice of nonrenewal We will mail or deliver these notices at least 45 days before the (1) Expiration of the policy, or Page 6 of 6 ©Insurance Services Office, Inc.,2010 BP 0106 08 10 13 BUSINESSOWNERS BP04600110 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON EMPLOYMENT-RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following exclusion is added to Paragraph B.I. This exclusion applies Exclusions — Applicable To Business Liability (i) Whether the injury-causing event Coverage in Section II—Liability: described in Paragraphs (a), (b) This insurance does not apply to "bodily or (c) above occurs before injury" or "personal and advertising injury" employment, during employment to or after employment of that (1) A person arising out of any person, (a) Refusal to employ that person, (it) Whether the insured may be b Termination of that erson's liable as an employer or in any ( ) P other capacity, and employment, or (Ili) To any obligation to share (c) Employment-related practices, damages with or repay someone policies, acts or omissions, such as else who must pay damages coercion, demotion, evaluation, because of the injury reassignment, discipline, defamation, harassment, humiliation, However, Paragraphs (1)(a) and (2) of this discrimination or malicious exclusion do not apply if such "bodily injury" prosecution directed at that person, is sustained by any "employee" of the or insured whose employment is subject to the Industrial Insurance Act of Washington (2) The spouse, child, parent, brother or (Washington Revised Code Title 51) sister of that person as a consequence of "bodily injury" or "personal and advertising injury" to that person at whom any of the employment-related practices described in Paragraphs (a), (b)or(c) above is directed BP 04 60 01 10 0 Insurance Services Office, Inc.,2009 Page 1 of 1 p BUSINESSOWNERS BP 04 73 0106 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES - DOMESTIC ABUSE This endorsement modifies insurance provided under the following. BUSINESSOWNERS COVERAGE FORM A. The following exclusion and related provisions are B. The following is added to Paragraph K. Transfer added to Paragraph B.2. Exclusions in Section I Of Rights Of Recovery Against Others To Us in —Property: Section III—Common Policy Conditions 1. We will not pay for loss or damage arising out If we pay an insured, who is a victim of"domestic of any act committed or conspired to be com- abuse", for a loss caused by an act of "domestic mitted by or at the direction of an insured with abuse", the rights of that insured to recover dam- the intent to cause a loss ages from the perpetrator of the abuse are trans- In the event of such loss, no insured is entitled ferred to us to the extent of our payment That in- to coverage, even insureds who did not commit sured may not waive such rights to recover against or conspire to commit the act causing the loss the perpetrator of the"domestic abuse" 2. However, this exclusion or any other policy C. As used in this endorsement, "domestic abuse" provision (including Paragraph C. Conceal- means ment, Misrepresentation Or Fraud in Section 1. Physical harm, bodily injury, assault or the III — Common Policy Conditions) will not ap- infliction of fear of imminent physical harm, ply to deny an insured's claim for an otherwise bodily injury or assault between family or covered property loss if such loss is caused by household members, an act of "domestic abuse" by another insured 2, Sexual assault of one family or household under the policy, and the insured making claim member by another, a. Files a police report and cooperates with 3. Stalking, as defined inRCW 9A 46 110 of one any law enforcement investigation relating family or household member by another family to the act of domestic abuse", and or household member, or b. Did not cooperate in or contribute to the 4. Intentionally, knowingly or recklessly causing creation of the loss damage to property so as to intimidate or at- 3. If we pay a claim pursuant to Paragraph A.2., tempt to control the behavior of another family our payment to the insured is limited to that in- or household member. sured's insurable interest in the property less any payments we first made to a mortgagee or other party with a legal secured interest in the property In no event will we pay more than the Limit of Insurance BP 04 73 0106 ©ISO Properties, Inc, 2005 Page 1 of 1 ❑ F BUSINESSOWNERS BP 06 69 0106 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON - FUNGI OR BACTERIA EXCLUSION (LIABILITY) This endorsement modifies insurance provided under the following. BUSINESSOWNERS COVERAGE FORM The following provisions are added to Section II — (2) Any loss, cost or expenses arising out of Liability: the abating, testing for, monitoring, A. The following exclusion is added to Paragraph cleaning up, removing, containing, treat- B.1., Exclusions — Applicable To Business Li- ing, detoxifying, neutralizing, remediating ability Coverage: or disposing of, or in any way respond- ing to, or assessing the effects of, "fungi" It. Fungi Or Bacteria or bacteria, by any insured or by any (1) "Bodily injury", "property damage" or other person or entity personal and advertising injury" which This exclusion does not apply to any "fungi" would not have occurred, in whole or in or bacteria that are, are on, or are contained part, but for the actual, alleged or threat- in, a good or product intended for bodily ened inhalation of, ingestion of, contact consumption with, exposure to, existence of, or pres- ence of, any "fungi" or bacteria on or B. The following definition is added to Paragraph F. within a building or structure, including Liability And Medical Expenses Definitions: its contents 1. "Fungi" means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or by-products produced or re- leased by fungi BP 06 69 0106 0 ISO Properties, Inc, 2005 Page 1 of 1 ❑ Policy Number PSB0002093 In Witness Whereof, we have caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless countersigned by our authorized representative Corporate ecretary Presi t& COO ILF0001 (01/01) Policy Number PSB0002093 RLI Insurance Company I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° CHANGE ENDORSEMENT Policy Number PSB0002093 ❑ Additional Premium $ Named Insured Noel Gilbrough ❑ Return Premium $ M No Premium Change Endorsement Effective Date (12 01 a m ) 3/19/2013 It is understood and agreed that this policy is amended as follows Add PPB 321 11 10 RLIPack Hired Auto And Non-Owned Auto Liability per attached ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPK 2103 06 10 Page 1 of 1 Policy Number RLI Insurance Company b. Any other person using a "hired auto" C. Limit of Insurance with your permission, The Limit of Insurance under this endorsement is c. For a"non-owned auto" shown in the schedule above The Limit of Insurance (1) Any partner or "executive officer" of will apply separately to each "occurrence" resulting yours, or from Hired Auto Liability or Non-owned Auto Liability For Hired Auto Liability and Non-owned (2) Any "employee"of yours, Auto Liability covered by this endorsement, the Limit but only while such "non-owned auto" is of Insurance is the most we will pay for the total of all being used in your business, and damages resulting from any one "occurrence" regardless of the number of d. Any other person or organization, but only for their liability because of acts or a. Insureds, omissions of an insured under a., b. or b. "Autos", c. above c. Claims that are made or"suits° that are brought, However, none of the following is an or insured, d. Persons or organizations making claims or a. Any person engaged in the business of bringing "suit" his or her employer for "bodily injury" to D. For the purposes of this endorsement only, Para- any co-"employee" of such person in- graph H. Other Insurance in SECTION III — COM- lured in the course of employment, or to MON POLICY CONDITIONS is replaced by the the spouse, child, parent, brother or sis- following ter of that co-"employee" as a conse- quence of such "bodily injury", or for any This insurance is excess over any other valid and obligation to share damages with or re- collectible insurance, whether primary or excess, pay someone else who must pay dam- covering the"hired auto"or"non-owned auto" ages because of the injury, E. The following additional definitions apply b. Any partner or"executive officer"for any"auto" owned by such partner or officer 1. "Auto business" means the business or occu- or a member of his or her household, pation of selling, repairing, servicing, storing or parking "autos" c. Any person while employed in or 2. "Hired auto" means any "auto" you lease, hire, otherwise engaged in duties in connection with an "auto business", rent or borrow This does not include any "auto other than an "auto business" you you lease, hire, rent or borrow from any of your operate, employees", your partners or your "executive officers"or members of their households d. The owner or lessee (of whom you are a g, "Non-owned auto" means any "auto" you do not sublessee) of a "hired auto" or the own, lease, hire, rent or borrow which is used in owner of a non-owned auto" or any agent or "employee" of any such owner connection with your business This includes or lessee, or "autos" owned by your "employees", your partners or your "executive officers", or e. Any person or organization for the con- members of their households, but only while duct of any current or past partnership used in your business or your personal affairs or joint venture that is not shown as a Named Insured in the Declarations. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 321 11 10 Page 2 of 2 • KENT Na GTON Agenda Item: Consent Calendar - 7D SNIN TO: City Council DATE: May 21, 2013 SUBJECT: Noel, Inc. Consultant Services Agreement - Authorize MOTION: Authorize the Mayor to sign a consultant services contract with Noel, Inc. for Engineering Services related to Green River Flood Protection Ecosystem Restoration Projects and Emergency Flood Response in the amount of $22,100, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The city of Kent is working on a number of projects along the Green River which involve flood protection and ecosystem restoration. The flood protection projects include levee repair and other improvements along the Green River. Ecosystem restoration projects include projects along the Russell Road Levee, Boeing Levee, and the Leber Homestead and Downey Farmstead Projects. Flood protection and habitat restoration projects along the Green River require close coordination with federal agencies, including the US Army Corps of Engineers (Corps). To navigate the Corps' process, guidance and experience from former Corps staff is invaluable to the City of Kent. The consultant contract with Noel, Inc., for Engineering and Environmental Services will provide this service. With over 35 years of service with the Army Corps of Engineers, Noel Gilbrough will provide the city guidance and consultation on the Corps' processes for flood protection and ecosystem restoration projects. In addition, Mr. Gilbrough has significant first-hand experience with flooding events and could provide this service if necessary in the unlikely event our valley experiences localized flooding. EXHIBITS: Scope of Work RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Funds for this contract have been budgeted through the drainage utility REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes eviewed by Director Originator's Name: Toby Hallock Dept/Div. Engineering/Er nmental Extension: 5536 Date Sent: Date Required: 5' ,L9 Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/14 VENDOR: Noel Inc. DATE OF COUNCIL APPROVAL: 5/21/13 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached agreement is for Noel Inc. to provide engineering and environmental services for Flood Control Projects, Emergency Flood Fight, and Ecosystem Restoration Projects. For additional information see the attached Council motion sheet. MAGI � 0 �G13 C1��1 01 rent f the Mayor All Contracts Must Be Routed Through The Law Department This area to be completed by the Law Department) F ; .. Received: " Approval of Law Dept.: MAY 2 2 2013 C Law Dept. Comments: i Date Forwarded to Mayor: �& I Shaded Areas To Be Completed By Administration Staff Received: gec N v Recommendations and Comments: PA f�.M Y ,3 0 , j i Disposition: G1TY C� Date Returned: RK