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HomeMy WebLinkAboutPW14-176 - Original - ISS Wonderware - Supervisory Control & Data Acquisition (SCADA) System - 05/21/2014 r i Records M e rne = KEN T W ........ Document 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: ISS Wonderware Vendor Number: )D Edwards Number Contract Number: PYV 14-- 1-7LP This is assigned by City Clerk's Office Project Name: Supervisory Control & Data Acquisition (SCADA) System I Description: ❑`I'nterlocal Agreement ❑ Change Order ❑ Amendment ® Contract El Other: Contract Effective Date: Termination Date: U13Ch Contract Renewal Notice (Days): N/A 1- Number of"days required notice for termination or renewal or amendment Contract Manager: Levin Conway Department: Public Works Operations Detail: (i.e. address, location, parcel number, tax id, etc.): Software, Training_&, Education and Tools & Minor Equipment for SCADA system --...-------- —_.- ------- ----- --------- ----------------- S:Public\RecordsManagement\Forms\ContractCover\adec7832 1 11/08 GOODS & SERVICES AGREEMENT between the City of Kent and Wonderware PacWest THIS AGREEMENT Is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Wonderware PacWest organized under the laws of the State of Washington, located and doing business at 19909 120th Ave. NE, Ste, 101, Bothell, WA 98011 (hereinafter the "Vendor'). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: Software and training as defined in Options A and Shipping of Wonderware PacWest quote Q-20140102-10389 REV 2 (attached Exhibit A) issued on February 5, 2014. Option A, part number 17-1269 Is a functional upgrade (license exchange) that will be executed as a functional upgrade agreement. (Attached Exhibit B) Software as defined in Options A, B, and C, and Shipping of WonderWare PacWest quote Q-20130925-9613 REV 1 (Attached Exhibit C) issued on 7anuary 3, 2014. Vendor acknowledges and understands that It is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services as follows: Software licenses will be delivered no later than April 30, 2014. Training will occur at the next available classroom session for "InTouch Training-Part 1" at WonderWare's PacWest's Tukwila training facility, which shall occur no later than December 31, 2014, III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $13,150.00, plus applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according ta-i:lag-fe>Iaw-iAg-schedu.IP. ', GOODS &SERVICES AGREEMENT - 1 (Over$10,000,00, including WSST) Compensation will be paid via purchase order with NET 30 terms If the City objects to all or any portion of an invoice, it shall notify Vendor 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. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims, VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 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 Vendor 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 Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that Is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor 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. GOODS & SERVICES AGREEMENT - 2 (over$10,000,00, including WSST) E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor 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. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. if the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments, However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below, The Vendor accepts all requirements of an amendment by; (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below, FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY GOODS &SERVICES AGREEMENT - 3 (Over$10,000.00, Including WSST) i CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Wor . In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED, THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement Is subject to all warranty provisions established lce,nder the Uniform Commercial Cade, Title 62A, Revised Code of Washington. Vendor warrants �re merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance witri thelF s a--CIty-The Varrdot shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction Is completed and accepted by the City. The Vendor shall begin to GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSS7) within seven 7 calendar days of its receipt of notice from the City of the correct any defects ( ) defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in rder to accomplish the correction. IkG Prt9 at- aoarrrv� ' g Coves Undu KIL. ��f+ ✓,3•_3 X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor 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. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor 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 Vendor's performance of this Agreement, except for that portion of he injuries a d darnage� ca sed py the City's negligence. tf�V06 gaff w: ��✓ y?�,, r GfI ty^ �f?tXp�-2 accep nce o J � S�+(- hEeftt�ir °te ar o ihdc�e va The Cit s i s nor acce nce o o s or h`e'Y�corr<pleted shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIALSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor 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 Vendor's part, then Vendor 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 Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit D attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall a responsible for tne sa e y a p in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor 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. GOODS &SERVICES AGREEMENT- 5 (Over$10,000.00, including WSST) XIV. 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. ution of Dilutes 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 XI 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 Vendor. 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 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 s all prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS &SERVICES AGREEMENT- 6 (over$10,000,00, Including WSST) I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code, 7. 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. VENDOR: CITY OF KERT--� ` By: - (signature) (signatura) Print Name: ° Prin�'Nam�:'Suze�tte Cooke Its a Its( � y 77 tie) DATE: DATE: !t NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Oleg Sigachev Levin Conway, Public Works Systems Analyst Wonderware PacWest City of Kent 19909 120ti' Ave NE, Suite 101 220 Fourth Avenue South Bothell, WA 98011 Kent, WA 98032 888-449-0494 (telephone) (253) 253-856-5629 (telephone) 888-942-4999 (facsimile) (253) 253-856-6600 (facsimile) APPRO 7De O F RM: t Kent awartmen [In Mls held, mW enter tle alectrudc fleVath whore the cWVr nos been 9avel7 GOODS &SERVICES AGREEMENT - 7 (Over$10,000,00, Including WSST) 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: i 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 of 3 i DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY i 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. For; c�JCtn� ['cF�Ca°�J9 I Title: '�✓e c, �'� a e: EEO COMPLIANCE DOCUMENTS - 1 of 3 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, W-1 2 o de,in� Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor f rf r the Agreement known as 5oA ve. ✓ Mij� `�"r at was entered Into on the W(�� .a- (date), between the firm I represent and the City of Kent. I declare that I compiled 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. For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 W�;t FUNCTIOISTAL UPGRADE AGREEMENT This Functional Upgrade Agreement(the"Agreement")is made and entered into as of the 3rd day of January, 2014("Effective Date")by and between City of Kent,a Washington state municipality with its corporate office at 220 411 Ave South,Kent,WA 98032("Licensee")and Invensys Systems,Inc.("Wonderware"or"Licensor"),a Massachusetts corporation with an office located at 26561 Rancho Parkway South,Lake Forest, CA 92630. RECITALS A. Wonderware develops and distributes factory automation computer software products. B. Licensee has purchased a license to eeriain Wonderware computer software products as described in greater detail on Exhibit A attached hereto and mace part hereof by this reference(the "Products")in certain of its manufacturing facilities whicb are listed on Exhibit B attached hereto and made a part hereof by this reference (the "Licensed Sites"). C. Licensee desires to purchase a Functional Upgrade license to those Products by replacing existing License Files with Functional Upgrade License Files in those Licensed Sites. AGRERMENT NOW,THEREFORE,in consideration of the above recitals and the mutual covenants hereafter set forth,the parties agree as follows; I. Eunptional UlIgnide. Licensee agrees that it has or will have ordered Functional Upgrade License Film for replacement of its existing License File. 2. No Additional License. Licensee represents and warrants that the Functional Upgrade License Files will be installed as a single instant replacement for its existing License File and does not represent an additional License File to be installed separately. 3. Destruction of Existing License File, Licensee represents and warrants that upon the successful installation of the Functional Upgrade License Files,Licensee will destroy existing License Files. 4. License Agreement, Except as supplemented by the terms of this Agreement, all other terms of the Wonderware End User License Agreeumt(EiJLA)supplied with the Product whon lionised will nenain in full force and effect. IN WITNESS WHEREOF,this Agreement has been executed as of the date first above written. INVENSYS SYSTEMS,INC. City of el [Print Name] ,, �^'' PrintAiame] [Signature] Its: Its;�yfJ �_..� [Enter Title] (,,a [Enter Title] 26561 Rancho Parkway South 220 41'Ave South Lake Forest,CA 92630 Kent,WA 98032 1 EXMBPl A Wondemxe Products Active Factory Pet Device v9.2 SN: 627688 I 2 Wonderware PacWest i n v e. n s'.y s' 19909 - 120th Ave NE, Suite 101 awl m Bothell, WA 98011 Toll Free Phone: 888-449-0494 Toll Free Fax: 888-942-4999 '... Quotation ,. ..� To: Levin Conway From: Steve Parker Company: City of Kent CC: Steve Johns Location: Kent, WA Date: January 3, 2014 Phone: (253) 856-5629 Project: Win911 Upgrade Options Email: lconway@kentwa.gov Quotation: Q-20130925-9613 REV 1 '.. • . P/N Qty Description Unit Price Ext Price WIN-911/PRO 1 WIN-911/PRO Competitive Upgrade to $1,250.00 $1,250.00 Comp v7.14 Includes XTools and first 6 months Software Maintenance and Support. Note: Requires Telephony Card for Voice and Cellular Modem for SMS. Conversion ofSCADAlarm, v6.0, SN; 591783, to WIN-911. Win-911/PRO- 1 WIN-911 PRO HOT BACKUP(for redundant $1,875.00 $1,875.00 H B applications) Must be purchased with primary WIN-911/PRO or WIN-911/PRO-PV system. Note: Requires Telephony Card for Voice and/or Cellular Modem for SMS. 3 125.00 P/N Qty Description Unit Price Ext Price WIN- 3 MultiTech External USB TAPI Compliant $295.00 $885.00 9111TAPI/USB Voice Modem External USB TAPI compliant voice modem for single voice line connection. 885.00 P/N Qty Description Unit Price Ext Price Mobile-911/10 1 Mobile-911/10 Devices $1,200.00 $1,200.00 ',.. Includes the Mobile-911 Server and allows connection of up to 10 mobile devices. $1,200.00 1 P/N Qty Description Unit Price Ext Price Shipping 1 Shipping $24.95 $24.95 Minimum charge. Billed at actual if higher. 24.95 Wonderware software is supported on Microsoft retail operating system versions only. Do not install the OEM versions of the operating system on the computer(s) that will be running Wonderware software End user's company name and street address is required for licensing purposes at time of order. We can receive your order via: FAX to (888) 942-4999 or email; orders Cilwonderwareoacwest.com I The following Wonderware PacWest Terms &Conditions shall become a binding contract between seller and purchaser upon seller's acceptance of the purchase order. 1. Prices are in US Dollars. 2. Quotation is valid for 30 days from date of issue. 3. Quotation does not include any domestic/foreign taxes/ duties. 4. Tax status must be listed on customers purchase order. Tax exemption number must be on file - or applicable taxes will be added. 5. Payment Terms are Net 30 Days from Date of Invoice, upon credit approval. Late payments are subject to a late charge (1.5% of unpaid balance per month - as per Wonderware PacWest Credit Application). 6. F.O.B. is Bothell, WA. 7. Quotation does not include shipping and handling charges shipping charges will be Prepaid and Add. 8. Software delivery is 7-10 business days A.R.O. Hardware delivery is 8 wks. A.R.O. Delivery via ground transportation unless otherwise agreed upon. 9. 25% of Purchase Order amount charge will be incurred if purchase order is cancelled prior to shipment. 10. Version Upgrades included in Wonderware's Customer FIRST Support and Upgrade programs apply to Wonderware software only. An additional fee may be required for other third party products. 11. Hardware warranty is one year parts and labor from date of shipment for operator interface products. Extended warranty may be available at additional cost. 12. User manuals are provided in electronic format only. 13. Wonderware product sales, except evaluation products, are final as of date of shipment. No Wonderware products shipped with evidence of a valid customer purchase order are eligible for refund, 14. Returned Material Authorization (RMA) issued by Wonderware PacWest Customer Service Department is required for all returns. 15. Items are not eligible for return after 30 days from date of invoice. 16. Non-Wonderware software returned items will incur a 25% restocking charge. 17. Non-Wonderware hardware returned items will incur a 35% restocking charge. 18. Special order items are non-returnable, non-refundable. 19. Lost or stolen software license incur replacement costs of 80% of the original cost. We suggest you insure them against theft, loss and damage' 20. Wonderware software is intended for installation and is supported on Microsoft Windows retail operating system versions only. Do not install the OEM versions of the operating system on the computer(s) that will be running Wonderware software'. 21. Prices are subject to change without notice. '.... 22. All training products are to be pre-paid before the student attends the class. Those students that arrive for training without having paid for the class in advance, will be unable to attend the class. ,Per Wonderware End User License Agreement 3 >i.n V e.n s•.w s• 0 The list below contains all the devices and protocols supported by the Wonderware Device Integration license, included in all"InTouch with Id'and System Platform purchases. For additional protocols,we recommend and sell MatrikonOPC. Contact us today to find the right driver for your project! General Protocols Siemens Devices/Protocols • OPC • TCP/IP with RFC1006 • Wonderware Suitelink • H1 Industrial Ethernet • DDE/FastDDE • PROFIBUS • MPI GE Devices/Protocols • Siemens 57-200/300/400/1200 • Series 90-30 • Series 90-70 Modicon Devices/Protocols • Series 90 Micro • TSX Quantum • VersaMax o 140 CPU 21304 Controller • VersaMax Micro o 140 NOE 77100 Ethernet TCP/IP • VersaMax Nano o 140 NOE 21100 Ethernet TCP/IP • PACSystems RX3i • TSX Momentum • PAC Systems RX7i o 170 ENT 11001 Ethernet TCP/IP • TSX Premium Allen-Bradley Devices/Protocols o TSX P57 402 Controller • PLC5/20Ethrough PLC5/80E PI-Cs o TSX P57 4823 Controller • SLCS/05 PLC o TSX ETY 110 EtherNet TCP/IP • Ethernet Interface 5920-El module • TSX Momentum (RS232) • ControlNet o 171 CCC 980 20 Ethernet TCP/IP • TSX Momentum (RS485) Plus Data Highway Plus (DH+)• Data Highway (D o 171 CCC 980 20 Ethernet TCP/IP • Dev • Compact 984(RS232) • Ethernet o PC-A984-145 • Ethernet Compact 984(RS232) • ControlLogix Controllers ® o PC-E984-265 • Guardl-ogix Controllers . Modicon Micro (RS232) • SoftLogix 5800 Controllers o 110 CPU 31101 o CompactLogix Controllers • Generic Modbus • FlexLogix Controllers • NR&D Bridge • MicroLogix Controllers o Pen-T Ethernet-to-Serial Bridge • PLC-5 Controllers • Modbus Bridge • SLC500 Controllers o 174CEV30010 o 174CEV30020 MatrikanOPC AUTHORIZED RESELLER 4 y Wonderware PacWest i n v e. n s .a s 19909 - 120th Ave NE, Suite 101 o P "�L.VL r� Bothell, WA 98011 Toll Free Phone: 888-449-0494 Toll Free Fax: 888-942-4999 Quotation To: Levin Conway From: Steve Parker Company: City of Kent CC: Oleg Sigachev Location: Kent, WA Date: February 5, 2014 Phone: (253) 856-5629 Project: City of Kent Upgrades Email: Iconway@kentwa.gov Quotation: Q-20140102-10389 REV 2 P/N Qty Description Unit Price Ext Price 17-1269 1 WW Historian Client 2014 Per Server Conc $1,140.00 $1,140.00 Functional Upgrade of Active Factory Per Device, v9.2, SN: 627688. 17-0265 1 WW CAL with MS CAL Runtime, Single, SQL $600.00 $600.00 2012 Std 10-7050 1 WCF-AddtoExistingAgreement $200.00 $200.00 Prorated pricing (12 months) to add additional license value to existing WWCF Agreement '.. #31729. 06-7115 2 InTouch Access Anywhere Media Kit $1,000.00 $2,000.00 Single DVD containing the necessary code extensions and installation instructions. InTouch Access Anywhere is NOT licensed to be used with any license other than InTouch TSE Cone or InTouch for System Platform TSE Conc. 11-ITV-0001 2 In Touch Training-Part 1 Class[Vendor's $2,000.00 $4,000.00 Location] Mar 4-7, 2014 Bothell, WA Shipping 1 Shipping $24.95 $24.95 Minimum charge. Billed at actual if higher. 7 964.95 1 Wonderware software is supported on Microsoft retail operating system versions only. Do not install the OEM versions of the operating system on the computer(s) that will be running Wonderware software End user's company name and street address is required for licensing purposes at time of order. We can receive your order via: FAX to (888) 942-4999 or email: ordersCalwonderwareoacwest.com 2 The following Wonderware PacWest Terms &Conditions shall become a binding contract between seller and purchaser upon seller's acceptance of the purchase order. 1. Prices are In US Dollars. 2. Quotation is valid for 30 days from date of issue. 3. Quotation does not Include any domestic/foreign taxes/ duties. 4. Tax status must be listed on customers purchase order. Tax exemption number must be on file - or applicable taxes will be added. 5. Payment Terms are Net 30 Days from Date of Invoice, upon credit approval. Late payments are subject to a late charge (1.5% of unpaid balance per month - as per Wonderware PacWest Credit Application). 6. F.O.B. is Bothell, WA. 7. Quotation does not include shipping and handling charges shipping charges will be Prepaid and Add. 8. Software delivery is 7-10 business days A.R.O. Hardware delivery is 8 wks. A.R.O. Delivery via ground '.. transportation unless otherwise agreed upon. 9. 25% of Purchase Order amount charge will be incurred if purchase order is cancelled prior to shipment. 10. Version Upgrades included in Wonderware's Customer FIRST Support and Upgrade programs apply to Wonderware software only. An additional fee may be required for other third party products. 11. Hardware warranty is one year parts and labor from date of shipment for operator interface products. Extended warranty may be available at additional cost. 12. User manuals are provided in electronic format only. 13. Wonderware product sales, except evaluation products, are final as of date of shipment. No Wonderware products shipped with evidence of a valid customer purchase order are eligible for refund, 14. Returned Material Authorization (RMA) issued by Wonderware PacWest Customer Service Department is required for all returns. 15. Items are not eligible for return after 30 days from date of invoice. 16. Non-Wonderware software returned items will incur a 25% restocking charge. 17. Non-Wonderware hardware returned items will incur a 35% restocking charge. 18. Special order items are non-returnable, non-refundable. 19. Lost or stolen software license incur replacement costs of 80% of the original cost. We suggest you insure them against theft, lass and damage, 20. Wonderware software is intended for installation and is supported on Microsoft Windows retail operating system versions only. Do not install the OEM versions of the operating system on the computer(s) that will be running Wonderware software,. 21. Prices are subject to change without notice. 22. All training products are to be pre-paid before the student attends the class. Those students that arrive for training without having paid for the class in advance, will be unable to attend the class. 'Per Wonderware End User License Agreement '.. 3 i n v e.n s .y s• The list below contains all the devices and protocols supported by the Wonderware Device Integration license, included in all "InTouch with 10"and System Platform purchases. For additional protocols,we recommend and sell MatrikonOPC. Contact us today to find the right driver for your project! General Protocols Siemens Devices/Protocols • OPC • TCP/IP with RFC1006 • Wonderware Suitelink • H1 Industrial Ethernet • DDE/FastDDE • PROFIBUS • MPI GE Devices/Protocols • Siemens S7-200/300/400/1200 • Series 90-30 • Series 90-70 Modicon Devices/Protocols • Series 90 Micro • TSX Quantum • VersaMax o 140 CPU 21304 Controller • VersaMax Micro o 140 NOE 77100 Ethernet TCP/IP • VersaMax Nano o 140 NOE 21100 Ethernet TCP/IP • PACSystems RX3i • TSX Momentum • PAC Systems RX7i o 170 ENT 11001 Ethernet TCP/IP • TSX Premium Allen-Bradley Devices/Protocols o TSX P57 402 Controller • PLC5/20E through PLC5/80E PLCs o TSX P57 4823 Controller • SLC5/05 PLC o TSX ETY 110 EtherNet TCP/IP • Ethernet Interface 5820-El module • TSX Momentum (RS232) • ControlNet o 171 CCC 980 20 Ethernet TCP/IP • TSX Momentum (RS485) Plu• Data Highway (D o 171 CCC 980 20 Ethernet TCP/IP • Data Highway Plus (DH+) ® Compact 984(RS232) • DeviceNet • Ethernet o PC-A984-145 a CantrolL • Compact 984(RS232)ogix Controllers o PC-E984-265 • GuardLogix Controllers • Modicon Micro (RS232) • SoftLogix 5800 Controllers o 110 CPU 31101 • CompactLogix Controllers • Generic Modbus • FlexLogix Controllers • NR&D Bridge • MicroLogix Controllers o Pen-T Ethernet-to-Serial Bridge • PLC-5 Controllers . Modbus Bridge • SLC500 Controllers o 174CEV30010 o 174CEV30020 0 MatrikanOPC AUTHORIZED RESELLER 4 EXHIBIT D INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor'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. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 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 Contractor'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 Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after EXHIBIT D (Continued) 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 contractor 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 Contractor'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 Contractor 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 Contractor before commencement of the work. F. Subcontractors Contractor 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 Contractor. INDLIS-5 OP ID: 1JL DATE IMMmolryrvl CERTIFICATE OF LIABILITY INSURANCE 0 5/1 212 01 4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Brown&Brown of WA.Inc. NAME:_ (B) PHONE FAx - - 1501 4th Ave Suite 2400 ac a Est. uC Na Seattle,WA 98101 EMAIL Roger Young RESS: INSURERS AFFORDING COVERAGE NAIC# _ INSURER A:TRAVELERS PROPERTY CASUALTY CO 25574 INSURED Industrial Software Solutions, INSURER B: Inc. 19909 120th Ave NE#101 INSURER C; Bothell,WA 98011 INSURER D; INSURER E: _ NSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUB POLICY EFF POLICY EXP --- LTR TYPE OF INSURANCE POUCYNUMBER MMIDDIYYYY MMIDO LIMITS GENERALLIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X ZPP-14T51135 12/01/2013 12/01/2014 DAMAG TCLRENT_EDF_ PREMISES Ea occurrence $ 300,00 CLAIMS-MADE �OCCUR MED EXP(Any one person) $ 10,00 PERSONAL S ADV INJURY $ 1,000,00 GENERALAGGREGATE $ 2,000,00 GE HL AGOREJLIMIT APPLIES PER: j PRODUCTS-COMP/OP AGG S 2,000,00 X POLICY PRO- LOC � $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,00 Ea accident _ E A X ANY AUTO BA6CO53562 1210112013 12/01/2014 BODILY INJURY(Per Person) $ ALLOWNED SCHEDULED P BODILY INJURY(Per accitlen AUTOS AUTOS ( t) $ X HIRED AUTOS X NON OWNEDPROPERTY-DAMAGE $ AUTOS 1PER ACCIDENT UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 4,000,00 A EXCESS LIAR CLAIMS-MADE ZLI4T51147 12/01/2013 12O112014 AGGREGATE $ 4,000,00 DED I X I RETENTION$ 10000 $ WORHERS COMPENSATION I WC STATU- X OTH- AND EMPLOYERS'LIABNTY LORY_L G E A ANY PROPRIETOR/PARTNERIEXECUTIVE YIN 1 ZPP-14T51135 12/01/2013 12/0112014 E.L EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED' NIA WA STOP GAP/EMPL LIAR. (Mandatary In NH) E.L DISEASE.EA EMPLOYEE $ 1,000,00 d yes,desalbe antler DESCRIPTION OF OPERATIONS below E.L.DISEASE.POLICY LIMIT $ 1,000,00 '.. DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES(Attach ACORD 101,Additlonal Remarks Schedule,If mom space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CI of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Ave South Kent,WA 98032 AUTHORIZE(]D REPRESENTATIVE lIV©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TECHNOLOGY XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage, However, cover- age for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Reasonable Force Property Damage - J. Blanket Additional Insured - Lessors Of Exception To Expected Or Intended In- Leased Equipment jury Exclusion B. Non-Owned Watercraft Less Than 75 K. Blanket Additional Insured - Persons Or Feet Organizations For Your Ongoing Opera- tions As Required By Written Contract Or Agreement C. Aircraft Chartered With Pilot L. Blanket Additional Insured - Broad Form Vendors D. Damage To Premises Rented To You M. Who Is An Insured - Unnamed Subsidi- aries E. Increased Supplementary Payments N. Who Is An Insured - Liability For Con- duct Of Unnamed Partnerships Or Joint Ventures F. Who Is An Insured - Employees And 0. Medical Payments - Increased limits Volunteer Workers - First Aid G. Who Is An Insured - Employees - Su- P, Contractual Liability - Railroads pervisory Positions H. Who Is An Insured - Newly Acquired Or 0- Knowledge And Notice Of Occurrence Formed Organizations Or Offense I. Blanket Additional Insured - Owners, R. Unintentional Omission Managers Or Lessors Of Premises S. Blanket Waiver Of Subrogation PROVISIONS age" expected or intended from the A. REASONABLE FORCE PROPERTY DAMAGE - standpoint of the insured. This exclu- sion does not apply to "bodily injury" INJURY EXCLUSION or "property damage" resulting from the use of reasonable force to protect The following replaces Exclusion a-, Ex- any person or property. pecled Or Intended Injury, in Paragraph 2., B. NON-OWNED WATERCRAFT LESS THAN 75 of SECTION 1 - COVERAGES - COVERAGE FEET A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: The following replaces Paragraph (2) of a. Expected Or Intended Ina Dr Damage Exclusion g., Aircraft, Auto Or Watercral t, in p Injury ® Paragraph 2- of SECTION I - COVERAGES - "Bodily injury" or "property dam- COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: CG D4 17 01 12 ® 2012 The Travelers Indemnity Company. All rights reserved. Page 1 of B Includes copyrighted material of Insurance Services Office, Inc. with Its penrtisslon. 2( ) A watercraft you do not own that e. The amount shown for the is: Damage To Premises Rented To (a) Less than 75 feet long; and You Limit on the Declarations of this Coverage Part; or (b) Not being used to carry any per- b. $300,000 if no amount is shown son or property for a charge. for the Damage To Premises C. AIRCRAFT CHARTERED WITH PILOT Rented To You Limit on the Declarations of this Coverage The following is added to Exclusion g., Part. Aircraft, Auto Or Watercraft , in Paragraph 4. The following replaces Paragraph a. of 2. of SECTION I - COVERAGES -COVERAGE A BODILY INJURY AND the definition of "insured contract" in PROPERTY DAMAGE LIABILITY: the DEFINITIONS Section: This exclusion does not apply to an a. A contract for a lease of premises. aircraft that is: However, that portion of the con- tract for a lease of premises that (a) Chartered with a pilot to any eat- indemnifies any person or organiza- sured; tion for "premises damage" is not (b) Not owned by any insured; and an "insured contract"; W Not being used to carry any person 5. The following is added to the or property for a charge. DEFINITIONS Section: D. DAMAGE TO PREMISES RENTED TO YOU "Premises damage" means "property damage" to: 1. The first paragraph of the excep- a. Any premises while rented to you tions In Exclusion j., Damage To or temporarily occupied by you Property, in Paragraph 2. of SECTION I with permission of the owner; or - COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE b. The contents of any premises while LIABILITY is deleted. such premises is rented to you, if you rent such premises for a pe- 2. The following replaces the last riod of seven or fewer consecutive paragraph of Paragraph 2., Elide- days. sions, of SECTION .I - COVERAGES • 6. The following replaces Paragraph COVERAGE A BODILY INJURY AND 4.b.(1)(b) of SECTION IV - COMMERCIAL PROPERTY DAMAGE LIABILITY: GENERAL LIABILITY CONDITIONS: Exclusions C., it. and h., and Para- (b) That is insurance for "premises graphs (11 . (3) and (4) of Exclusion j., damage"; or do not apply to "premises damage". Exclusion Q11)(a) does not apply to 7. Paragraph 4.b.(1)(c) of SECTION IV - "premises damage" caused by fire COMMERCIAL GENERAL LIABILITY unless Exclusion if. of Section I - CONDITIONS is deleted. Coverage A - Bodily Injury And E. INCREASED SUPPLEMENTARY PAYMENTS Property Damage Liability is re- placed by another endorsement to 1. The following replaces Paragraph 1.b. this Coverage Part that has Exclu- of SUPPLEMENTARY PAYMENTS - Sion - All Pollution Injury Or Dam COVERAGES A AND B of SECTION I - age or Total Pollution Exclusion in COVERAGES: Its title. A separate limit of insur- ance applies to "premises damage" b. Up to $2,500 for cost of ball as described In Paragraph 6. of Sec- bonds required because of acci- tion III - Limits Of Insurance. dents or traffic law violations aris- ing out of the use of any vehicle 3. The following replaces Paragraph 6, to which the Bodily Injury Liability of SECTION III - LIMITS OF Coverage applies. We do not have INSURANCE: to furnish these bonds. 6. Subject to 5. above, the Damage 2. The following replaces Paragraph 1.d. To Premises Rented To You of SUPPLEMENTARY PAYMENTS - Limit is the most we will pay COVERAGES A AND B of SECTION I - under Coverage A for damages COVERAGES: because of "premises damage" to any one premises. d. All reasonable expenses incurred by The Damage To Premises Rented the insured at our request to assist To You Limit will be: us in the investigation or defense Page 2 of 6 ® 2012 The Travelers Indemnity Company. All rights reserved. CG D4 17 01 12 Includes copyrighted material at Insmanoe services office, Inc. with Its pennisslon. of the claim or "suit", including G. WHO IS AN INSURED - EMPLOYEES - actual loss of earnings up to SUPERVISORY POSITIONS $500 a day because of time off from work. The following is added to Paragraph 2.a.(1) F. WHO IS AN INSURED - EMPLOYEES AND of SECTION 11 - WHO IS AN INSURER VOLUNTEER WORKERS - FIRST AID Paragraphs (1)(a), (h) and (e) above do not 1. The following is added to the defi- apply to "bodily injury" or "personal in- 9 jury" to a co"employee" in the course of nition of "occurrence" in the the co-"employee's" employment by you DEFINITIONS Section: arising out of work by any of your "em- Unless you are in the business or ployees" who hold a supervisory position. occupation of providing professional H. WHO IS AN INSURED - NEWLY ACQUIRED OR health care services, "occurrence" FORMED ORGANIZATIONS also means an act or omission committed by any of your "em- The following replaces Paragraph 4. of ployees" or "volunteer workers", SECTION 11 - WHO IS AN INSURED of the other than an employed or volunteer Commercial General Liability Coverage doctor, in providing or falling to Form, and Paragraph 3. of SECTION 11 - provide first aid or "Good Samari- WHO IS AN INSURED of the Global Com- tan services" to a person. panion Commercial General Liability Cov- 2. The following is added to Paragraph erage Form, to the extent such coverage 2.a.(1) of SECTION II - WHO IS AN forms are part of your policy: INSURED Any form, other organization Bthan a partnership o sh acquire joint Unless you are in the business or venture, of which you are the sole owner occupation of providing professional or in which you maintain the majority health care services, Paragraphs (1 ownership interest, will qualify as a )(a).(b) (C) and (d) above do not ap- Named Insured if there is no other insur- ply to "bodily injury" arising out of ance which provides similar coverage to providing or failing to provide first that organization. However: aid or "Good Samaritan services" by any of your "employees" or a. Coverage under this provision Is af- "volunteer workers", other than an forded only: employed or volunteer doctor. Any (1) Until the 180th day after you ac- of your "employees" or "volunteer quire or form the organization or workers" providing or failing to the end of the policy period, provide first aid or "Good Samari- tan services' during their work whichever is earlier, if you do not hours for you will be deemed to be report such organization in writing acting within the scope of their to us within 180 days after you employment by you or performing acquire or form it; or duties related to the conduct of (2) Until the end of the policy period, your business. when that date is later than 180 3. The following is added to Paragraph days after you acquire or form 5, of SECTION III - LIMITS OF such organization, if you report INSURANCE: such organization in writing to us within 180 days after you acquire For the purposes of determining the or form it, and we agree in writing applicable Each Occurrence Limit, all that it will continue to be a Named related acts or omissions commit- Insured until the end of the policy ted by any of your "employees" or period; "volunteer workers" in providing or b. Coverage A does not apply to "bodily failing to provide first aid or Good injury" or "property damage" that oc- Samaritan services" to any one per- curred before you acquired or formed son will be deemed to be one 'oc- the organization; and currence". 4. The following is added to the c. Coverage 8 does not apply to "per- DEFINITIONS Section: sonal Injury" or 'advertising injury" arising out of an offense committed "Good Samaritan services" means before you acquired or formed the or- any emergency medical services for ganization. which no compensation is demanded or received. CG D4 17 01 12 ® 2012 The Travelers Indemnity company. Atli rights reserved. Page 3 of 6 Includes copyrighted malarial of Insurance Services Once. Inc. With its permission. I. BLANKET ADDITIONAL INSURED - OWNERS, and executed that contract or agree- MANAGERS OR LESSORS OF PREMISES ment; and The following is added to SECTION If - b. Is caused, in whole or in part, by your WHO IS AN INSURED acts or omissions in the performance Any person or organization that is a of your ongoing operations to which premises owner, manager or lessor is that contract or agreement applies or an insured, but only with respect to li- the acts or omissions of any person ability arising out of the ownership, or organization performing such opera- ability maintenance or use of that part of any tons on your behalf. premises leased to you. The limits of insurance provided to such The insurance provided to such prem- insured will be the limits which you ises owner, manager or lessor does agreed to provide in the written contract not apply to: or agreement, or the limits shown in the Declarations, whichever are less. a. Any "bodily injury" or "property damage" caused by an occurrence" L. BLANKET ADDITIONAL INSURED - BROAD that takes place, or "personal in- FORM VENDORS jury" or "advertising injury" caused The following is added to SECTION II - by an offense that is committed, WHO IS AN INSURED: after you cease to be a tenant in that premises; or Any person or organization that is a ven- b. Structural alterations, new construc- dor and that you have agreed in a written tion or demolition operations per- contract or agreement to include as an formed by or on behalf of such additional insured on this Coverage Part premises owner, manager or lessor. is an insured, but only with respect to li- ability for "bodily injury" or "property J. BLANKET ADDITIONAL INSURED - LESSORS damage" that: OF LEASED EQUIPMENT a. Is caused by an "occurrence" that takes The following is added to SECTION II - place after you have signed and exe- WHO IS AN INSURED: cuted that contract or agreement; and Any person or organization that is an b. Arises out of "your products" which equipment lessor is an insured, but only are distributed or sold in the regular with respect to liability for "bodily in- course of such vendor's business. jury", "property damage", "personal in The insurance provided to such vendor is jury" or advertising injury" caused, in p whole or in part, by your acts or omis- subject to the following provisions: sions in the maintenance, operation or a. The limits of insurance provided to use by you of equipment leased to you such vendor will be the limits which by such equipment lessor, you agreed to provide in the written The insurance provided to such equipment contract or agreement, or the limits lessor does not apply to any "bodily in- shown in the Declarations, whichever jury" or "property damage" caused by an are less. "occurrence" that takes place, or "per- b. The insurance provided to such vendor sonal injury" or advertising injury" does not apply to: caused by an offense that is committed, after the equipment lease expires. (1) Any express warranty not author- K. BLANKET ADDITIONAL INSURED - PERSONS ized by you; OR ORGANIZATIONS FOR YOUR ONGOING (2) Any change in "your products" OPERATIONS AS REQUIRED BY WRITTEN made by such vendor; CONTRACT OR AGREEMENT (3) Repackaging, unless unpacked The following is added to SECTION 11 - solely for the purpose of inspec- WHO IS AN INSURED: tlon, demonstration, testing, or the Any person or organization that is not substitution of parts under instruc- otherwise an insured under this Cover- tions from the manufacturer, and age Part and that you have agreed in a then repackaged in the original con- written contract or agreement to in- cludecon- tainer,as an additional insured on this (4) Any failure to make such inspec- Coverage Part is an insured, but only tions, adjustments, tests or servic- with respect to liability for "bodily in- ing as vendors agree to perform or jury" or "property damage" that: normally undertake to perform in a-. Is caused by an "occurrence" that the regular course of business, in takes place after you have signed connection with the distribution or sale of "your products"; Page 4 of 6 ® 2012 The Traveler: Indemnity Company. AM rights reserved. CG D4 17 01 12 - Includes copyrighted material of Insurance Services Office, Inc. with its permission. (5) Demonstration, installation, ser- rent or past partnership or joint venture vicing or repair operations, ex- that is not shown as a Named Insured in cept such operations performed the Declarations. This paragraph does not at such vendor's premises in apply to any such partnership or joint connection with the sale of venture that otherwise qualifies as an in- "your products"; or sured under Section II - Who Is An In- (5) "Your products" which, after dis- sured. tribution or sale by you, have 0. MEDICAL PAYMENTS - INCREASED LIMITS been labeled or relabeled or used as a container, part or in- The following replaces Paragraph 7. of gradient of any other thing or SECTION III - LIMITS OF INSURANCE: substance by or on behalf of 7. Subject to 5. above, the Medical Ex- pense Limit is the most we will pay Coverage under this provision does not under Coverage C for all medical ex- apply to: penses because of "bodily injury" sus- tained by any one person, and will be a. Any person or organization from the higher of: whom you have acquired "your products", or any ingredient, part or (a) $10.000; or container entering into, accompany- (b) The amount shown on the Declara- ing or containing such products; or tions of this Coverage Part for b. Any vendor for which coverage as Medical Expense Limit. an additional insured specifically is scheduled by endorsement. P. CONTRACTUAL LIABILITY - RAILROADS M. WHO IS AN INSURED - UNNAMED 1. The following replaces Paragraph c. of SUBSIDIARIES the definition of "insured contract" in the DEFINITIONS Section: The following is added to SECTION 11 C. Any easement or license agree- WHO IS AN INSURED went; Any of your subsidiaries, other than a 2, paragraph L(11) of the definition of "in- shown as a Named Insured in the Dec- partnership or joint venture, that is not sured contract" in the DEFINITIONS Sec- larations is a Named Insured it: tion is deleted. a. You maintain an ownership interest 0• KNOWLEDGE AND NOTICE OF OCCURRENCE OR of more than 50% in such subsidi- OFFENSE ary on the first day of the policy The following is added to Paragraph 2., period; and Dulles In The Event of Occurrence, Offense, It. Such subsidiary is not an insured Claim or Suit, of SECTION IV - COMMERCIAL under similar other insurance. GENERAL LIABILITY CONDITIONS: No such subsidiary is an insured for e. The following provisions apply to "bodily injury" or "property damage" Paragraph a. above, but only for the that occurred, or "personal injury" or purposes of the Insurance provided "advertising injury" caused by an of- under this Coverage Part to you or fense committed: any insured listed in Paragraph 1. or 2. a. Before you maintained an ownership of Section 11 - Who Is An Insured: interest of more than 50% in such (1) Notice to us of such "occurrence" subsidiary; or or offense must be given as soon b. After the date, if any, during the as practicable only after the "oc- policy period that you no longer currence" or offense is known to maintain an ownership interest of you (if you are an individual), any more than 50% in such subsidiary, of your partners or members who is an individual (if you are a part- N. WHO IS AN INSURED - LIABILITY FOR nership or joint venture), any of CONDUCT OF UNNAMED PARTNERSHIPS OR yyour managers who is an individual JOINT VENTURES {if you are a limited liability com- pany), any of yyour trustees who is The following replaces the last para- an individual Uf you are a trust), graph of SECTION II - WHO IS AN any of your "executive officers" or INSURED: directors (if you are an organiza- No ion other than a partnership, joint with t person or organization is an insured venture, limited liability company wth respect to the conduct of any cur- or trust) or any "employee" author- CG D4 17 01 12 ® 2012 The Travelers Indemnity company. All rights reserved. Page 5 of 5 Includes copyrighted malarial of Insurance Services Office, Inc. with its permission. ized by you to give notice of an However, if this policy includes an en- "occurrence" or offense. dorsement that provides limited cover- (2) If you are a partnership, joint age for "bodily injury" or "property venture, limited liability company damage" or pollution costs arising out or trust, and none of your part- of a discharge, release or escape of ners, joint venture members, "pollutants" which contains a require- managers or trustees are rods- ment that the discharge, release or es- managers notice to us of such cape of pollutants" must be reported "occurrence" or offense must be to us within a specific number of given as soon f practicable days after its abrupt commencement, only after the "occurrence" or this Paragraph e. does not affect that offense is known by: requirement. (a) Any individual who is: R. UNINTENTIONAL OMISSION (1) A partner or member of The following is added to Paragraph 5., any partnership or joint Representations, of SECTION IV - venture; COMMERCIAL GENERAL LIABILITY CONDITIONS: (11) A manager of any limited The unintentional omission of, or uninten- liability company; tional error in, any information provided by you which we relied upon in issuing (iiQA trustee of any trust; or this policy will not prejudice your rights under this insurance. However, this pro- (Iv)An executive officer or vision does not affect our right to collect director of any other or- additional premium or to exercise our ganization; rights of cancellation or nonrenewal in that is your partner, joint accordance with applicable insurance laws venture member, manager or or regulations. trustee; or S. BLANKET WAIVER OF SUBROGATION (b) Any "employee" authorized The following is added to Paragraph 8., by such partnership, joint Transfer Of Rights Of Recovery Against Oth- venture, limited liability com- ers To Us, of SECTION IV - COMMERCIAL pany, trust or other organiza- GENERAL LIABILITY CONDITIONS: tion to give notice of an "occurrence" or offense. If the insured has agreed in a contract or (3) Notice to us of such "occur- agreement to waive that insured's right of rence" or offense will be recovery against any person or organiza- deemed to be given as soon as tion, we waive our right of recovery against such person or organization, but faith as soon n as practicable it practicable to given in good only for payments we make because of: your workers' compensation in- a. "Bodily injury" or "property damage" surer. This applies only if you caused by an "occurrence" that takes subsequently give notice to us place; or of the "occurrence" or offense b. "Personal injury" or "advertising in- as soon as practicable after any 1 y' g of the persons described in jury" caused by an offense that is Paragraphs e. (1) or (2) above committed; discovers that the "occurrence" subsequent to the execution of the con- or offense may result in sums tract or agreement. to which the insurance provided under this Coverage Part may apply. Page O of 6 ® 2012 The Travelers Indemnity company. All rights reserved. CG Da 17 01 12 Includes copyrighted material or InsurarKe services office, Inc. with Its pemrission. POLICY INFORMATION TRAVEL RS J THIS IS NOT A BILL. YOUR POLICY IS DIRECTLY BILLED. IF THIS IS A POLICY CHANGE, THE ADDITIONAL OR RETURN PREMIUM WILL BE SHOWN ON FUTURE INSTALLMENT BILLINGS. Company: TRAVELERS PROPERTY CASUALTY CO. OF AMERICA '.... I Policy Inception/Effective Date: 12/01/13 N Policy Number: S WARE, LLC ZLP-14T51135-13-I5 U WONDERWARE PACWEST Agency Number. 4600971 R 19909 120TH AVE NE E STE 101 D BOTHELL WA 98011 Transaction Type: RENEWAL OF POLICY Transaction Number. 001 Processing Date: 12/04/13 10:24 G BROWN & BROWN OF WA INC Account Number. 10109011FA E 1501 FOURTH AVE STE 2400 N SEATTLE WA 98101 T Policy Surtax 1 Number Description Amount Surcharge 14T51135 SERIES 2000 POLICY $10,413.00 THE PREMIUM SHOWN DOES NOT INCLUDE A PREMIUM PAYMENT PLAN SERVICE CHARGE. IF YOU SELECTED A PREMIUM PAYMENT PLAN YOUR PAYMENT SCHEDULE/SILL WILL SHOW THIS CHARGE, THIS POLICY IS ON A FOUR PAY PAYMENT PLAN. A PAYMENTSCHEDULE/BILL WILL FOLLOW SHORTLY. INSURED COPY i 40793 Ed. 12-90 ® 1990 The Travelers Indemnity Company. All rights reserved. Page 1 INSURED COPY 40793 Ed. 12-90 Page 2 ® 1990 The Travelers Indemnity Company. All rights reserved. TRAVELERSJ POLICY NUMBER: ZLP-14T51135-13-i5 EFFECTIVE DATE: 12/01/13 ISSUE DATE: 12/04/13 LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS This listing shows the number of forms, schedules and endorsements by line of business. IL T8 01 10 93 FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS IL TO 02 11 89 COMMON POLICY DECLARATIONS IL T3 19 08 10 COMMON POLICY CONDITIONS WASHINGTON - DELUXE IL TO 03 04 96 LOCATION SCHEDULE IL T3 68 05 10 FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSURE IL O1 98 09 08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT IL T9 80 10 94 WASHINGTON CHANGES - ACTUAL CASH VALUE IL T3 76 10 10 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM '.. PROPERTY IL T3 79 01 08 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM DX TO 00 11 12 DELUXE PROPERTY COVERAGE PART DECLARATIONS DX 00 04 11 12 TABLE OF CONTENTS DX T1 DO 11 12 DELUXE PROPERTY COVERAGE FORM DX T1 01 11 12 DELUXE BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORM DX T4 15 11 12 CRIME ADDITIONAL COVERAGES DX T4 16 11 12 TECHNOLOGY INDUSTRY DIRECT DAMAGE AND CAUSE OF LOSS EXTENSIONS DX T4 17 11 12 TECHNOLOGY INDUSTRY BUSINESS INCOME AND EXTRA EXPENSE EXTENSIONS DX T4 02 01 08 TERRORISM RISK INSURANCE ACT OF 2002 DISCLOSURE DX 01 26 11 12 WASHINGTON CHANGES DX T3 98 04 02 ELECTRONIC VANDALISM LIMITATION ENDORSEMENT IL T9 82 11 12 WASHINGTON CHANGES - EXCLUDED CAUSES OF LOSS COMMERCIAL GENERAL LIABILITY CG 21 70 01 08 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM CG TO O1 11 03 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS CG T1 01 07 86 EMPLOYEE BENEFIT LIABILITY COVERAGE FORM '.. CG TO 07 09 87 DECLARATIONS PREMIUM SCHEDULE CG TO 08 11 03 KEY TO DECLARATIONS PREMIUM SCHEDULE CG TO 09 09 93 EMPLOYEE BENEFITS LIABILITY COVERAGE PART DECLARATIONS CG TO 34 11 03 TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 00 01 10 01 CG 00 01 10 01 COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG D2 55 11 03 AMENDMENT OF COVERAGE - POLLUTION CG D4 19 07 08 AMENDMENT OF PROPERTY DAMAGE DEFINITION 'CG D4 20 07 08 AMENDMENT - OTHER INSURANCE CONDITION & MEANING OF OTHER INSURANCE, OTHER INSURER AND INSURER CG D4 22 07 08 AMENDMENT OF SUPPLEMENTARY PAYMENTS - TAXED COSTS AND APPEAL BONDS CG D4 25 07 08 OTHER INSURANCE - ADDITIONAL INSUREDS - PRIMARY AND NON-CONTRIBUTORY WITH RESPECT TO CERTAIN OTHER INSURANCE IL T8 01 1D 93 Page I of 2 CG D4 36 07 08 AMENDMENT OF COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY - TECHNOLOGY GN 01 13 11 03 EMPLOYERS OVERHEAD LIABILITY CG D2 03 12 97 AMENDMENT - NON CUMULATION OF EACH OCCURRENCE LIMIT OF LIABILITY AND NON CUMULATION OF PERSONAL & ADVERTISING INJURY LIM CG D4 17 01 12 TECHNOLOGY XTEND ENDORSEMENT CG D3 26 10 11 EXCLUSION - UNSOLICITED COMMUNICATION CG D3 56 01 05 MOBILE EQUIPMENT REDEFINED EXCLUSION OF VEHICLES SUBJECT TO MOTOR VEHICLE LAWS CG D4 21 07 08 AMENDMENT OF CONTRACTUAL LIABILITY EXCLUSION-EXCEPTION FOR DAMAGES ASSUMED IN AN INSURED CONTRACT APPLIES ONLY TO NAMED CG D1 42 01 99 EXCLUSION - DISCRIMINATION CG F2 45 07 02 EXCLUSION - WAR - WASHINGTON CG T4 78 02 90 EXCLUSION - ASBESTOS CG F2 66 11 03 WASHINGTON CHANGES - EMPLOYMENT-RELATED PRACTICES EXCLUSION CG F4 66 01 08 WASHINGTON CHANGES - WHO IS AN INSURED CG TO 43 11 88 TABLE OF CONTENTS EMPLOYEE BENEFITS LIABILITY COVERAGE FORM CG Tl 01 CLAIMS MADE CG DO 38 03 95 EXCLUSION - IRC VIOLATIONS CG T4 85 11 88 ADDITIONAL EXCLUSION - EMPLOYEE BENEFITS LIABILITY CG D4 09 04 08 AMENDMENT OF BODILY INJURY DEFINITION CG D4 13 04 08 AMENDMENT OF COVERAGE - POLLUTION - COOLING, DEHUMIDIFYING AND WATER HEATING EQUIPMENT EXCEPTION CG D6 18 10 11 EXCLUSION - VIOLATION OF CONSUMER FINANCIAL PROTECTION LAWS CG T5 30 06 89 AMENDMENT - EMPLOYEE BENEFITS LIABILITY Page 2 of 2 1L T8 01 10 93 IMPORTANT NOTICE - INDEPENDENT AGENT AND BROKER COMPENSATION NO COVERAGE IS PROVIDED BY THIS NOTICE. THIS NOTICE DOES NOT AMEND ANY PROVISION OF YOUR POLICY. YOU SHOULD REVIEW YOUR ENTIRE POLICY CAREFULLY FOR COMPLETE INFORMATION ON THE COVERAGES PROVIDED AND TO DETERMINE YOUR RIGHTS AND DUTIES UNDER YOUR POLICY. PLEASE CONTACT YOUR AGENT OR BROKER IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE OR ITS CONTENTS. IF THERE IS ANY CONFLICT BETWEEN YOUR POLICY AND THIS NOTICE, THE PROVISIONS OF YOUR POLICY PREVAIL For information about how Travelers compensates independent agents and brokers, please visit www.travelers.com, call our toll-free telephone number 1-866-904-8348, or request a written copy from Marketing at One Tower Square, 2GSA, Hartford, CT 06183. II PN T4 54 01 08 Page 1 of 1 DIRECT CLAIM REPORTING 1-800-238-6225 Direct dial claim service can no a long way toward meeting your needs when it counts. The service enables you to report any claim* directly to a claim service representative. It is a toll free number (1-800-238-6225) which puts you in touch with the Telephone Claim Reporting Center. Its convenient o Advise if there is any other insurance The toll free Telephone Claim Reporting available covering the loss, and if so Center operates 24 hours a day, seven days name, address, phone number, and claim a week, 365 days a year. You can report numbers of the insurance company. your claims* immediately - day or night. Now Your Claim Is Handled If efficient To Report a claim*, just dial 1-800-238-6225 You only need one telephone reporting and a Telephone Reporting Claim Service number (1-800-238-6225) to report any type Center Representative will: of claim*. Bather pertinent information It's responsive We will ask you a series of questions The pertinent claim information is logged in about the claim to obtain all the necessary electronically as you speak with one of our information to quickly determine cover- Telephone Reporting Claim Service Center age/liability. Representatives. You are given a claim file Next Steps number during this important first call, which will enable easy follow-up on the After gathering the information that we status of your claim. need, regardless of the type of claim, a When You Call claim representative will contact you to discuss the actions they will take, and Your needs can best be served if you have most importantly, to answer any questions the following information on hand when that you may have. you call: In addition to claims personnel, you can • Name of business as it appears on the also call your agent for advice about your policy and/or your policy number claim and to help you with any other insur- • Date and time at which the accident or ance needs. loss occurred You can help speed up the process if: • State and location at which the accident • until your claim is reported, you take or loss occurred whatever reasonable action is necessary to protect the property from any further • Detailed description of the accident or damage. loss • Names, addresses, and hone numbers o You notify your claim representative p immediately if you have any additional of anyone injured or anyone else in- information or if you are contacted by volved, including any witnesses another insurance company. • A complete description of the property or vehicle in the accident or loss To protect your rights under the policy, • Name of your agent or broker remember to report all incidents, even if • Advise what property or extra expense you are not sure a claim will be made. is involved *Unless your policy requires written notice or reporting. PN T5 24 12 09 Page 1 of 1 AW T AVEt SJ To Our Valued Customer, Each year, homeowners and business owners across the nation sustain significant weather-related property damage due to floods. These can include losses caused by waves, tidal waters, the overflow of a body of water, the rapid accumulation or runoff of surface water, and mudslide. In nearly all cases, these flood losses cannot be prevented or even anticipated. And, in many instances, the losses are devastating. Most standard property insurance policies, including most of our policies, do not provide coverage for flood losses. While flood coverage is often available - primarily through the National Flood Insurance Program - it is rarely purchased. Unfortunately, each year we find that some policyholders are surprised and disappointed to learn that damages they have suffered as a direct result of flood are not covered under the policies they have purchased. Please review your insurance coverage with your agent or Company representative. As you consider the need for flood insurance, keep in mind that floods can, and do, occur in locations all over the country. They are not limited to coastal areas or locations with nearby rivers or streams. Several inches of rain falling over a short period of time can cause flood damage, even in normally dry areas that are not prone to flooding. Your agent or Company representative can help you assess your risk. They can provide you with information on flood insurance available through us, including our "Write-Your-Own-Flood" program, which enables agents to write flood insurance through the National Flood Insurance Program. Your agent or Company representative can help you assess your risk. PN TO 53 04 07 Page 1 of 1 TRAVELERS-J One Tower Square, Hartford, Connecticut 06183 Telephone: 1-800-328-2189 COMMON POLICY DECLARATIONS POLICY NUMBER: 2LP-14T51135-13-I5 ISSUE DATE: 12/04/13 INSURING COMPANY. TRAVELERS PROP CASUALTY CO OF AMERICA 1. NAMED INSURED AND MAILING ADDRESS: INDUSTRIAL SOFTWARE SOLUTIONS - WONDER 19909 120TH AVE NE STE 101 BOTHELL WA 98011 2. POLICY PERIOO From 12/01/13 to 12/01/14 12:01 A.M, Standard Time at your mailing address. 3. LOCATIONS: Premises Bldg. Address (same as Mailing Address Loc. No. No. Occupancy unless specified otherwise) SEE IL TO 03. 4. COVERAGE PARTS FORMING PART OF THIS POLICY AND INSURING COMPANIES: DELUXE PROPERTY COVERAGE PART DECLARATIONS DX TO 00 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS CG TO 01 EMPLOYEE BENEFITS LIABILITY COVERAGE PART DECLARATIONS CG TO 09 5. NUMBERS OF INTERLINE FORMS AND ENDORSEMENTS FORMING PART OF THIS POLICY: SEE IL T8 01. 6 SUPPLEMENTAL POLICIES: Each of the following is a separate policy containing its complete provisions: Policy Policy No. Insuring Company 7. PREMIUM SUMMARY: Provisional Premium $SEE Due at Inception $DELIVERY Due Each $INVOICE NAME AND ADDRESS OF AGENT OR BROKER COUNTERSIGNED BY: BROWN & BROWN OF WA INC 1501 FOURTH AVE STE 2400 Authorized Representative SEATTLE WA 98101 Date: IL TO 02 11 89 (Rev. 09-07) Page 1 of 2 ADDITIONAL NAMED INSUREDS INDUSTRIAL SOFTWARE SOLUTIONS II - WONDERWARE LLC ALBERTA LIMITED CORP (MARTYCO) ''... ISS - WONDERWARE CANADA Page 2 of 2 IL TO 02 11 89 (Rev. 09-07) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMON POLICY CONDITIONS ASHINGT - DELUXE All Coverage Parts included in this policy are subject to the following conditions: The conditions in this endorsement replace written notice of cancellation at any similar conditions in the policy that are least five days before the effective less favorable to the insured. date of cancellation for any structure A. CANCELLATION where two or more of the following conditions exist: 1. The first Named Insured shown in a Without reasonable explanation, icy Declarations may cancel this pol- icy by notifying us or the insurance the structure is unoccupied for producer in one of the following more than 60 consecutive days, ways; or at least 65% of the rental units are unoccupied for more a. Written notice by mail, fax or e- than 120 consecutive days unless mail; the structure is maintained for b. Surrender of the policy or binder; seasonal occupancy or is under or construction or repair; h Verbal notice. b. Without reasonable explanation, UUpon receipt of such notice, we will progress toward completion of P P permanent repairs to the structure cancel this policy or any binder is- has not occurred within 60 days sued as evidence of coverage, effec- after receipt of funds following tive on or the later of the following: satisfactory adjustment or adjudi- a. The date on which notice is re- cation of loss resulting from a ceived or the policy or binder is fire; surrendered; or c. Because of its physical condition, IA The date of cancellation re- the structure is in danger of col quested by the first Named In- lapse; sured. d. Because of its physical condition, 2. We may cancel this policy or any a vacation or demolition order Coverage Part by mailing or deliver- has been issued for the structure, ing to the first Named Insured and or it has been declared unsafe in the first Named Insured's agent or accordance with applicable law; broker written notice of cancellation, e. Fixed and salvageable items have including the actual reason for the been removed from the structure, cancellation, to the last mailing ad- indicating an intent to vacate the dress known to us, at least: structure; a. 10 days before the effective date f. Without reasonable explanation, of cancellation if we cancel for heat, water, sewer and electricity nonpayment of premium; or are not furnished for the structure b. 60 days before the effective date for 60 consecutive days; or of cancellation if we cancel for g. The structure is not maintained in any other reason, substantial compliance with fire, except as provided in paragraphs 3. safety and building codes. and 4. below. 4. If: 3. We may carrcel the Deluxe Property a. You are an individual; Coverage Part, if made a part of this b. A covered auto you own is of policy, by mailing or delivering to the first Named Insured and the first the "private passenger type"; and Named Insured's agent or broker IL T3 19 08 10 Page 1 of 4 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. c. The policy does not cover garage, Cancellation will not affect coverage automobile sales agency, repair on any shipment in transit on the shop, service station or public date of cancellation. Coverage will parking place operations hazards, continue in full force until such we may cancel the Commercial Auto property is delivered and accepted. Coverage Part by mailing or deliver- 7. If this policy is cancelled, we will ing to the first Named Insured and send the first Named Insured any the first Named Insured's agent or premium refund due. If we cancel, broker written notice of cancellation, the refund will be pro rata. If the including the actual reason for can- first Named Insured cancels, the re- cellation, to the last mailing address fund will be at least 90% of the pro known to us: rata refund unless the following ap- a. At least 10 days before the ef- plies: fective date of cancellation if we a. For Division Two - Boiler and cancel for nonpayment of pre- Machinery, if the first Named In- mium; or sured cancels, the refund will be b. At least 10 days before the ef- at least 75% of the pro rata re- fective date of cancellation for fund. any other reason if the policy is b. If: in effect less than 30 days; or (7) If you are an individual; c. At least 60 days before the ef- (2) A covered auto you own is of fective date of cancellation for the "private other than nonpayment if the pol- icy is in effect 30 days or more; (3) The policy does not cover ga- or rage, automobile sales agency, d. At least 20 days before the ef- repair shop, service station or fective date of cancellation if the public parking place operations policy is in effect for 60 days or hazards; and more or is a renewal or continua- (4) The first Named Insured can- tion policy, and the reason for cels, cancellation is that your driver's the refund will be not less than license or that of any driver who 90% of any unearned portion not customarily uses a covered exceeding $100, plus; 95% of any "auto" has been suspended or re- unearned portion over $100 but voked during policy period. not exceeding $500, and not less 5. We will also mail or deliver to any than 97% of any unearned portion mortgage holder, pledgee or other in excess of $500. person shown in this policy to have The cancellation will be effective, an interest in any loss which may even if we have not made or of- occur under this policy, at their last fered a refund. mailing address known to us, written notice of cancellation, prior to the B. If notice is mailed, proof of mailing effective date of cancellation. If will be sufficient proof of notice. cancellation is for reasons other than B. CHANGES those contained in paragraph A.3. This policy contains all the agreements above, this notice will be the same between you and us concerning the in- as that mailed or delivered to the surance afforded. The first Named In- first Named Insured. If cancellation sured shown in the Declarations is au- is for a reason contained in para- thorized to make changes in the terms graph A.3. above, we will mail or de- of this policy with our consent. This liver this notice at least 20 days policy's terms can be amended or prior to the effective date of cancel- waived only by endorsement issued by lation. us and made a part of this policy. 5. Notice of cancellation will state the C. EXAMINATION OF YOUR BOOKS D RE— effective date of cancellation. If the CORDS policy is cancelled, that date will become the end of the policy period. We may examine and audit your books If a Coverage Part is cancelled, that and records as they relate to this policy date will become the end of the pol- at any time during the policy period and icy period as respects that Coverage up to three years afterward. Part only. Page 2 of 4 IL T3 19 08 10 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. D. INSPECTION AND SURVEYS F. TRANSFER OF YOUR RIGHTS AND DUTIES 1. We have the right but are not obli- UNDER THIS POLICY gated to: Your rights and duties under this policy a. Make inspections and surveys at may not be transferred without our writ- any time; ten consent except in the case of death of an individual Named Insured. If you b. Give you reports on the condi- die, your rights and duties will be trans- tions we find; and ferred to your legal representative but c. Recommend changes. only while acting within the scope of 2. We are not obligated to make an duties as your legal representative. Until 9 y your legal representative is appointed, inspections, surveys, reports or rec- anyone having proper temporary custody ommendations, and any such actions of your property will have your rights we do undertake relate only to in- and duties but only with respect to that surability and the premiums to be property. charged. We do not make safety in- spections. We do not undertake to G. NONRENEWAL perform the duty of any person or 1. We may elect not to renew this pol- organization to provide for the health icy by mailing or delivering written or safety of workers or the public. notice of nonrenewal, stating the And we do not warrant that condi- reasons for nonrenewal, to the first tions: Named Insured and the first Named a Are safe or healthful; or Insured's agent or broker, at their last mailing addresses known to us. b. Comply with laws, regulations, We will also mail to any mortgage codes or standards. holder, pledgee, or other person 3. Paragraphs 1. and 2. of this condition shown in this policy to have an in- apply not only to us, but also to terest in any loss which may occur any rating, advisory, rate service or under this policy, at their last mail- similar organization which makes in- ing address known to us, written no- surance inspections, surveys, reports tice of nonrenewal. We will mail or or recommendations. deliver these notices at least 60 4. Paragraph 2. of this condition does days before the: not apply to any inspections, sur- a Expiration of the policy; or veys, reports or recommendations b. Anniversary date of this policy if we may make relative to certifica- this policy has been written for a tion, under state or municipal stat- term of more than one year. utes, ordinances or regulations, of boilers, pressure vessels or eleva- 2. Otherwise we will renew this policy tors. unless: E. PREMIUMS a The first Named Insured fails to 1. The first Named Insured shown in pay the renewal premium after we have ex-pressed our willing- the Declarations: ness to renew, including a state- a Is responsible for the payment of ment of the renewal premium, to all premiums; and the first Named Insured and the first Named Insured's insurance b. Will be the payee for any return agent or broker at least 20 days premiums we pay. before the expiration date; 2. We compute all premiums for this b. Other coverage acceptable to the policy in accordance with our rules, insured has been procured prior rates, rating plans, premiums and to the expiration date of the pol- minimum premiums. The premium icy; or shown in the Declarations was com- puted based on rates and rules in ef- c. The policy clearly states that it fect at the time the policy was is- is not renewable and is for a sued. On each renewal, continuation specific line, subclassification, or or anniversary of the effective date type of coverage that is not of- of this policy, we will compute the fered on a renewable basis. premium in accordance with our 3. If: rates and rules then in effect. a You are an individual; IL T3 19 08 10 Page 3 of 4 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. b. A covered auto you own is of IL DELUXE PROPERTY COVERAGE PART REFER- the "private passenger type"; and ENCE TO FORMS AND ENDORSEMENTS c. The policy does not cover garage, In some instances, the Deluxe Property. automobile sales agency, repair Declarations may list endorsements in- shop, service station or public cluded in the Deluxe Property Coverage parking place operations hazards, Part the reference: the following applies to nonrenewal 1. The Commercial Property Coverage of the Commercial Auto Coverage Part; Part in place of G.1.: 2. The Commercial Inland Marine Cov- a. We may elect not to renew or erage Part; continue this policy by mailing or 3. Commercial Property Forms including, delivering to you and your agent but not limited to, the following: or broker written notice at least 20 days before the end of the a. Building and Personal Property policy period including the actual Coverage Form; reason for nonrenewal. If the pol- b. Business Income Coverage Form; icy period is more than one year, we will have the right not to re- c. Commercial Property Conditions; new or continue it only at an an- d. Causes of Loss - Special Form; niversary of its original effective date. If we offer to renew or e. Causes of Loss - Earthquake continue and you do not accept, Form. this policy will terminate at the 4. Standard Commercial Inland Marine end of the current policy period. Forms including but not limited to Failure to pay the required re- the Transportation - Special Form. newal or continuation premium when due shall mean that you Endorsements referencing the Com- have not accepted our offer. mercial Property Coverage Part, Commercial Inland Marine Coverage b. We will not refuse to renew Li- Part, the Commercial Property Forms, ability Coverage or Collision or the Commercial Inland Marine Coverage solely because an "in- Forms apply to the Deluxe Property sured" has submitted claims un- Coverage Forms in the same manner der Comprehensive Coverage or as they apply to the Forms they ref- Towing and Labor Coverage. erence. c. If we fail to mail or deliver I. INSURANCE UNDER TWO OR MORE COVERAGE proper notice of nonrenewal and PARTS you obtain other insurance, this If two or more of this policy's Cover- policy will end on the effective age Parts apply to the same loss or Cover- date of that insurance. damage, we will not pay more than the actual amount of the loss or damage. This policy consists of the Common Policy Declarations and the Coverage Parts and en- dorsements listed in that declarations form. In return for payment of the premium, we agree with the Named Insured to provide the in- surance afforded by a Coverage Part forming part of this policy. That insurance will be provided by the company indicated as insuring company in the Common Policy Declarations by the abbreviation of its name opposite that Coverage Part. Page 4 of 4 IL T3 19 08 10 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. LDCATION SCHEDULE POLICY NUMBER 2LP-14T51135-13-I5 This Schedule of Locations and Buildings applies to the Common Policy Declarations for the period 12/01/13 to 12/01/14 Loc. Bldg. No. No. Address Occupancy 001 001 19909 120TH AVE NE OFFICE BOTHELL WA 98011 IL TO 03 04 96 Page 1 of 2 Loc. Bldg. No. No. Address Occupancy Page 2 of 2 IL TO 03 04 96 INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSURE This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE COMMERCIAL GENERAL LIABILITY COVERAGE PART CYBERFIRST LIABILITY COVERAGE ELECTRONIC MANUFACTURERS AND COMPUTER SERVICES ERRORS AND OMISSIONS LIABILITY COVERAGE FORM EMPLOYEE BENEFITS LIABILITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART ENVIRONMENTAL HAZARD POLICY EXCESS (FOLLOWING FORM) LIABILITY INSURANCE LAW ENFORCEMENT LIABILITY COVERAGE PART LIMITED ABOVE GROUND POLLUTION LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDFIRST PRODUCTS(COMPLETED OPERATIONS, ERRORS AND OMISSIONS, AND INFORMATION SECURITY LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PUBLIC ENTITY MANAGEMENT LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SELF-INSURED EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE FORM SELF-INSURED EXCESS LIQUOR LIABILITY COVERAGE FORM SELF-INSURED EXCESS EMPLOYEE BENEFITS LIABILITY COVERAGE FORM SELF-INSURED EXCESS PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE FORM SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY - NEW YORK DEPARTMENT OF TRANSPORTATION TRIBAL BUSINESS MANAGEMENT LIABILITY COVERAGE PROVISIONS or to influence the policy or affect the conduct of the United States Government On December 25, 2007, the President of the by coercion. United States signed into law amendments to the Terrorism Risk Insurance Act of The Federal Government's share of compen- 2002 (the "Act"), which, among other things, sation for Insured Losses is 85% of the extend the Act and expand its scope. The amount of Insured Losses in excess of each Act establishes a program under which the Insurers statutorily established deductible, Federal Government may partially reimburse subject to the "Program Trigger", (as defined "Insured Losses" (as defined in the Act) in the Act). In no event, however, will caused by "acts of terrorism". An "act of the federal government or any Insurer be terrorism" is defined in Section 1020) of required to pay any portion of the amount the Act to mean any act that is certified of aggregate Insured Losses occurring in any by the Secretary of the Treasury - in con- one year that exceeds $100,000,000,000, pro- currence with the Secretary of State and vided that such Insurer has met its deducti- the Attorney General of the United States - ble. If aggregate Insured Losses exceed to be an act of terrorism; to be a violent $100,000,000,000 in any one year, your cov- act or an act that is dangerous to human erage may therefore be reduced. life, property, or infrastructure; to have re- The charge for Insured Losses for each suited in damage within the United States, Coverage Part is included in the Coverage or outside the United States in the case of Part premium. The charge that has been certain air carriers or vessels or the b a United States Mission; and to included for each Coverage Part is indicated ices to below, and does not include any charge for individuals as part of an effort to coerce have been committed by individual or the portion of losses covered by the Fed- the civilian population of the United States eral Government under the Act. ® 1% of each applicable Commercial Liability Coverage premium. IL T3 68 05 10 o 2010 The Travelers Indemnity Company Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTSICOMPLETE❑ OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: "bodily injury" or "property damage" A Under an Liability Coverage, to resulting from "hazardous properties" Y Y of "nuclear material", if; "bodily injury" or "property damage": ( respect to which an in (1) The "nuclear material" (a1 is at �} With res " P any "nuclear facility" owned by, sured" under the policy is also an or operated by or on behalf of, insured under a nuclear energy li- an "insured" or (b) has been dis- ability policy issued by Nuclear charged or dispersed therefrom; Energy Liability Insurance Asso- ciation, Mutual Atomic Energy Li- (2) The "nuclear material" is con- ability Underwriters, Nuclear In- tained in "spent fuel" or "waste" surance Association of Canada or at any time possessed, handled, any of their successors, or would used, processed, stored, trans- be an insured under any such pol- ported or disposed of, by or on icy but for its termination upon behalf of an "insured"; or exhaustion of its limit of liability; or (3) The "bodily injury" or "property damage" arises out of the fur- (2) Resulting from the "hazardous nishing by an "insured" of ser- properties" of "nuclear material" vices, materials, parts or equip- and with respect to which (a) any ment in connection with the plan- person or organization is required ning, construction, maintenance, to maintain financial protection operation or use of any "nuclear pursuant to the Atomic Energy facility", but if such facility is Act of 1954, or any law amenda- located within the United States tory thereof, or (b) the "insured" of America, its territories or pos- is, or had this policy not been is- sessions or Canada, this Exclusion sued would be, entitled to indem- (3) applies only to "property dam- nity from the United States of age" to such "nuclear facility" America, or any agency thereof, and any property thereat. under any agreement entered into 2 As used in this endorsement: by the United States of America, or any agency thereof, with any "Hazardous properties" includes radioac- person or organization. tive, toxic or explosive properties; B. Under any Medical Payments Cover- "Nuclear material" means "source mate- age, to expenses incurred with re- rial", "Special nuclear material" or "by- spect to "bodily injury" resulting product material"; from the "hazardous properties" of "nuclear material" and arising out of "Source material", "special nuclear mate- the operation of a "nuclear facility" rial", and "by-product material" have the by any person or organization. meanings given them in the Atomic En- ergy Act of 1954 or in any law amenda- C. Under any Liability Coverage, to tory thereof; IL 01 98 09 08 o ISO Properties, Inc., 2008 Page i of 2 "Spent fuel" means any fuel element or the processing, fabricating or alloying fuel component, solid or liquid, which of "special nuclear material" if at has been used or exposed to radiation in any time the total amount of such a "nuclear reactor"; material in the custody of the "in- sured" at the premises where such "Waste" means any waste material (a) equipment or device is located con- containing by-product material" other sists of or contains more than 25 than the tailings or wastes produced by grams of plutonium or uranium 233 the extraction or concentration of ura- or any combination thereof, or more nium or thorium from any ore processed than 250 grams of uranium 235; primarily for its "source material" con- tent, and (b) resulting from the operation (d) Any structure, basin, excavation, by any person or organization of any premises or place prepared or used "nuclear facility" included under the first for the storage or disposal of two paragraphs of the definition of "nu- "waste"; clear facility". and includes the site on which any of "Nuclear facility" means: the foregoing is located, all operations (a) Any "nuclear reactor"; conducted on such site and all premises used for such operations; (b) Any equipment or device designed or "Nuclear reactor" means any apparatus used for (1) separating the isotopes designed or used to sustain nuclear fis- of uranium or plutonium, (2) process- sion in a self-supporting chain reaction ing or utilizing "spent fuel", or (3) or to contain a critical mass of fission- handling, processing or packaging able material; "waste"; (a) An equipment or device used for "Property damage" includes all forms of Yradioactive contamination of property. Page 2 of 2 o ISO Properties, Inc., 2008 IL 01 98 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES ® ACTUAL CASH VALUE This endorsement modifies insurance provided under the following: DELUXE PROPERTY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART The following is added: b. When the loss or damage to property The term actual cash value means: creates a total loss, actual cash value means the market value of property in a a. When the damage to property is eco- used condition equal to that of the de- nomically repairable, actual cash value stroyed property, if reasonably available means the cost of repairing the damage, on the used market. less reasonable deduction for wear and e. Otherwise, actual cash value means the tear, deterioration and obsolescence. market value of new, identical or nearly identical property less reasonable deduc- tion for wear and tear, deterioration and obsolescence. IL T9 80 10 94 Page 1 of 1 Includes the copyrighted material of Insurance Services Office, Inc. INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP N LOSSES FROM CERTIFIEDACTS OF TERRORISM This endorsement modifies insurance provided under the following: SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY - NEW YORK DEPARTMENT OF TRANSPORTATION ENVIRONMENTAL HAZARD POLICY EMPLOYEE BENEFITS LIABILITY COVERAGE PART LIMITED ABOVE GROUND POLLUTION LIABILITY COVERAGE PART SELF-INSURED EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE FORM SELF-INSURED EXCESS LIQUOR LIABILITY COVERAGE FORM SELF-INSURED EXCESS EMPLOYEE BENEFITS LIABILITY COVERAGE FORM SELF-INSURED EXCESS PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM EXCESS {FOLLOWING FORW LIABILITY INSURANCE MEDFIRST PRODUCTS/COMPLETED OPERATIONS, ERRORS AND OMISSIONS, AND INFORMATION SECURITY LIABILITY COVERAGE FORM If aggregate insured losses attributable to surance Act. The criteria contained in the terrorist acts certified under the federal Terrorism Risk Insurance Act for a "certi- Terrorism Risk Insurance Act exceed $100 fied act of terrorism" include the follow- billion in a Program Year (January 1 ing: through December 31) and we have met our 1. The act resulted in insured losses in insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for excess of $5 million in the aggregate, the payment of any portion of the amount attributable to all types of insurance of such losses that exceeds $100 billion, subject to the Terrorism Risk Insurance and in such case insured losses up to that Act; and amount are subject to pro rata allocation in 2. The act is a violent act or an act that accordance with procedures established by is dangerous to human life, property or the Secretary of the Treasury. infrastructure and is committed by an "Certified act of terrorism" means an act individual or individuals as part of an that is certified by the Secretary of the effort to coerce the civilian population Treasury, in concurrence with the Secretary of the United States or to influence the of State and the Attorney General of the policy or affect the conduct of the United States, to be an act of terrorism United States Government by coercion. pursuant to the federal Terrorism Risk In- IL T3 76 10 10 a 2010 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. 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: BOILER AND MACHINERY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART DELUXE PROPERTY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART A Cap On Certified Terrorism Losses If aggregate insured losses attributable to terrorist acts certified "Certified act of terrorism" means under the Terrorism Risk Insurance an act that is certified by the Act exceed $100 billion in a Secretary of the Treasury, in Program Year (January 1 through concurrence with the Secretary of December 31) and we have met our State and the Attorney General of insurer deductible under the the United States, to be an act of Terrorism Risk Insurance Act, we terrorism pursuant to the federal shall not be liable for the payment Terrorism Risk Insurance Act. The of any portion of the amount of criteria contained in the Terrorism such losses that exceeds $100 Risk Insurance Act for a "certified billion, and in such case insured act of terrorism" include the losses up to that amount are subject following: to pro rata allocation in accordance with procedures established by the 1. The act resulted in insured losses Secretary of the Treasury. in excess of $5 million in the aggregate, attributable to all types B. Application Of Exclusions of insurance subject to the Terrorism Risk Insurance Act; and The terms and limitations of any 2. The act is a violent act or an act terrorism exclusion, or the that is dangerous to human life, inapplicability or omission of a property or infrastructure and is terrorism exclusion, do not serve to committed by an individual or create coverage for any loss which individuals, as part of an effort to would otherwise be excluded under coerce the civilian population of this Coverage Part or Policy, such the United States or to influence as losses excluded by the Nuclear the policy or affect the conduct Hazard Exclusion or the War And of the United States Government Military Action Exclusion. by coercion. IL T3 79 01 OS ® 2008 The Travelers Companies. Inc. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. TRAVELFRSJ One Tower Square, Hartford, Connecticut 06183 DELUXE PROPERTY COVERAGE POLICY NUMBER 2LF-14T51135-13-I5 PART DECLARATIONS ISSUE DATE: 12/04/13 INSURING COMPANY: TRAVELERS PROP CASUALTY CO OF AMERICA EFFECTIVE DATE: SAME AS THE POLICY UNLESS OTHERWISE SPECIFIED: DELUXE PROPERTY COVERAGE FORM COVERAGES AND LIMITS OF INSURANCE - DESCRIBED PREMISES-INSURANCE APPLIES ON A BLANKET BASIS ONLY TO A COVERAGE OR TYPE OF PROPERTY FOR WHICH A LIMIT OF INSURANCE IS SHOWN BELOW, AND THEN ONLY AT THE PREMISES LOCATIONS FOR WHICH A VALUE FOR SUCH COVERAGE OR PROPERTY IS SHOWN ON THE STATEMENT OF VALUES DATED 12/04/13, OR SUBSEQUENTLY REPORTED TO AND INSURED BY US. FOR INSURANCE THAT APPLIES TO A SPECIFIC PREMISES LOCATION SEE DELUXE COVERAGE PART SCHEDULE-SPECIFIC LIMITS. BLANKET DESCRIPTION OF COVERAGE OR PROPERTY LIMITS OF INSURANCE YOUR BUSINESS PERSONAL PROPERTY $ 341,250 PERSONAL PROPERTY OF OTHERS INCLUDED^ ,INCLUDED MEANS INCLUDED IN YOUR BUSINESS PERSONAL PROPERTY LIMIT COINSURANCE PROVISION:COINSURANCE DOES NOT APPLY TO THE BLANKET COVERAGES AS SHOWN ABOVE VALUATION PROVISION: REPLACEMENT COST (SUBJECT TO LIMITATIONS) APPLIES TO MOST TYPES OF COVERED PROPERTY (SEE VALUATION LOSS CONDITION IN DX TI 00) PRODUCER: BROWN & BROWN OF WA INC OFFICE: ST. PAUL DX TO 00 11 12 Page I of 6 ADDITIONAL COVERED PROPERTY PERSONAL PROPERTY AT UNDESCRIBED PREMISES AT ANY "EXHIBITION" PREMISES $ 25,000 AT ANY INSTALLATION PREMISES OR TEMPORARY STORAGE PREMISES $ 25,000 AT ANY OTHER NOT OWNED, LEASED OR REGULARLY OPERATED PREMISES $ 25,000 SALES REPRESENTATIVE PROPERTY $ 25,000 PERSONAL PROPERTY IN TRANSIT $ 25,000 DELUXE PROPERTY COVERAGE FORM - ADDITIONAL COVERAGES & COVERAGE EXTENSIONS - THE LIMITS OF INSURANCE SHOWN IN THE LEFT COLUMN ARE INCLUDED IN THE COVERAGE FORM AND APPLY UNLESS A REVISED LIMIT OF INSURANCE OR NOT COVERED IS SHOWN IN THE REVISED LIMITS OF INSURANCE COLUMN ON THE RIGHT.THE LIMITS OF INSURANCE APPLY IN ANY ONE OCCURRENCE UNLESS OTHERWISE STATED. LIMITS OF REVISED LIMITS INSURANCE OF INSURANCE ACCOUNTS RECEIVABLE AT ALL DESCRIBED PREMISES $ 50,000 IN TRANSIT OR AT ALL UNDESCRIBED PREMISES $ 25,000 APPURTENANT BUILDINGS AND STRUCTURES $ 100,000 CLAIM DATA EXPENSE $ 25,000 COVERED LEASEHOLD INTEREST - UNDAMAGED IMPROVEMENTS & BETTERMENTS LESSER OF YOUR BUSINESS PERSONAL PROPERTY LIMIT OR: $ 100,000 DEBRIS REMOVAL (ADDITIONAL AMOUNT) $ 250,000 DEFERRED PAYMENTS $ 25,000 DUPLICATE ELECTRONIC DATA PROCESSING DATA AND MEDIA $ 50,000 ELECTRONIC DATA PROCESSING DATA AND MEDIA AT ALL DESCRIBED PREMISES INCLUDED* EMPLOYEE TOOLS IN ANY ONE OCCURRENCE $ 25,000 ANY ONE ITEM $ 2,500 EXPEDITING EXPENSES $ 25,000 EXTRA EXPENSE $ 25,000 FINE ARTS AT ALL DESCRIBED PREMISES $ 50,000 IN TRANSIT $ 25,000 FIRE DEPARTMENT SERVICE CHARGE INCLUDED* FIRE PROTECTIVE EQUIPMENT DISCHARGE INCLUDED* GREEN BUILDING ALTERNATIVES - INCREASED COST PERCENTAGE 1 X MAXIMUM AMOUNT - EACH BUILDING $ 100,000 Page 2 of 6 DX TO 00 11 12 POLICY NUMBER: ZLP-14T51135-13-I5 ISSUE DATE: 12/04/13 DELUXE PROPERTY COVERAGE PART DECLARATIONS (Continued) DELUXE PROPERTY COVERAGE FORM - ADDITIONAL COVERAGES & COVERAGE EXTENSIONS - (CONTINUED) LIMITS OF REVISED LIMITS INSURANCE OF INSURANCE GREEN BUILDING REENGINEERING AND RECERTIFICATION EXPENSE $ 25,000 LIMITED COVERAGE FOR FUNGUS, WET ROT OR DRY ROT - ANNUAL AGGREGATE $ 25,000 LOSS OF MASTER KEY $ 25,000 NEWLY CONSTRUCTED OR ACQUIRED PROPERTY BUILDINGS - EACH $ 2,000,000 PERSONAL PROPERTY AT EACH PREMISES $ 1,000,000 NON-OWNED DETACHED TRAILERS $ 25,000 ORDINANCE OR LAW COVERAGE $ 250,000 OUTDOOR PROPERTY $ 25,000 ANY ONE TREE, SHRUB OR PLANT $ 2,500 OUTDOOR SIGNS AT ALL DESCRIBED PREMISES $ 100,000 AT ALL UNDESCRIBED PREMISES $ 5,000 PERSONAL EFFECTS $ 25,000 PERSONAL PROPERTY AT PREMISES OUTSIDE OF THE COVERAGE TERRITORY $ 50,000 PERSONAL PROPERTY IN TRANSIT OUTSIDE OF THE COVERAGE TERRITORY - $ 25,000 POLLUTANT CLEANUP AND REMOVAL - ANNUAL AGGREGATE $ 100,000 PRESERVATION OF PROPERTY EXPENSES TO MOVE AND TEMPORARILY STORE PROPERTY $ 250,000 DIRECT LOSS OR DAMAGE TO MOVED PROPERTY INCLUDED* REWARD COVERAGE 25% OF COVERED LOSS UP TO MAXIMUM OF: $ 25,000 STORED WATER $ 25,000 THEFT DAMAGE TO RENTED PROPERTY INCLUDED* UNDAMAGED PARTS OF STOCK IN PROCESS $ 50,000 VALUABLE PAPERS AND RECORDS - COST OF RESEARCH AT ALL DESCRIBED PREMISES $ 50,000 IN TRANSIT OR AT ALL UNDESCRIBED PREMISES $ 25,000 WATER OR OTHER SUBSTANCE LOSS - TEAR OUT AND REPLACEMENT EXPENSE INCLUDED* * INCLUDED MEANS INCLUDED IN APPLICABLE COVERED PROPERTY LIMIT OF INSURANCE DX TO DO 11 12 Page 3 of 6 DELUXE BUSINESS INCOME COVERAGE FORM (AND EXTRA EXPENSE) - DESCRIBED PREMISES PREMISES BUILDING LIMITS OF LOCATION NO. NO. INSURANCE ALL ALL $ 349,289 RENTAL VALUE: INCLUDED ORDINARY PAYROLL: INCLUDED DELUXE BUSINESS INCOME - ADDITIONAL COVERAGES & COVERAGE EXTENSIONS - THE LIMITS OF INSURANCE, COVERAGE PERIOD AND COVERAGE RADIUS SHOWN IN THE LEFT COLUMN ARE INCLUDED IN THE COVERAGE FORM AND APPLY UNLESS A REVISED LIMIT OF INSURANCE, COVERAGE PERIOD, COVERAGE RADIUS OR NOT COVERED IS SHOWN UNDER THE COLUMN ON THE RIGHT. THE LIMITS OF INSURANCE APPLY IN ANY ONE OCCURRENCE UNLESS OTHERWISE STATED. LIMITS OF INSURANCE REVISED LIMITS OF COVERAGE PERIOD OR INSURANCE,COVERAGE COVERAGE RADIUS PERIOD OR COVERAGE RADIUS BUSINESS INCOME FROM DEPENDENT PROPERTY AT PREMISES WITHIN THE COVERAGE TERRITORY $ 100,000 AT PREMISES OUTSIDE OF THE COVERAGE TERRITORY $ 100,000 CIVIL AUTHORITY COVERAGE PERIOD 30 DAYS COVERAGE RADIUS 100 MILES CLAIM DATA EXPENSE $ 25,000 CONTRACT PENALTIES $ 25,000 EXTENDED BUSINESS INCOME COVERAGE PERIOD 180 DAYS 365 DAYS FUNGUS, WET ROT OR DRY ROT - AMENDED PERIOD OF RESTORATION COVERAGE PERIOD 30 DAYS GREEN BUILDING ALTERNATIVES - INCREASED PERIOD OF RESTORATION COVERAGE PERIOD 30 DAYS INGRESS OR EGRESS $ 25,000 COVERAGE RADIUS 1 MILE 15 MILES '.. NEWLY ACQUIRED LOCATIONS $ 500,000 li ORDINANCE OR LAW - INCREASED PERIOD OF RESTORATION $ 250,000 POLLUTANT CLEANUP AND REMOVAL - ANNUAL AGGREGATE $ 25,000 TRANSIT BUSINESS INCOME $ 25,000 UNDESCRIBED PREMISES $ 25,000 Page 4 of 6 DX TO 00 11 12 POLICY NUMBER: ZLP-I4T51135-13—I5 ISSUE DATE: 12/04/13 DELUXE PROPERTY COVERAGE PART DECLARATIONS (Coneinu" DEDUCTIBLES: TO PORTABLE COMPUTER EQUIPMENT, IN ANY ONE OCCURRENCE: $ 2,500 BUSINESS INCOME: AS RESPECTS BUSINESS INCOME COVERAGE, FOR WHICH NO OTHER DEDUCTIBLE IS STATED ABOVE OR IN THE COVERAGE DESCRIPTION, A 72 HOUR DEDUCTIBLE APPLIES. ANY OTHER COVERED LOSS IN ANY ONE OCCURRENCE: $ 1,000 DX TO DO 11 12 Page 5 of 6 i Page 6 of 6 DX TO 00 11 12 TABLE OF CONTENTS LUXE PROPERTY COVERAGE PART The following indicates the contents of the principal Forms which may be attached to your policy. It contains no reference to the Declarations or Endorsements which also may be attached. DELUXE PROPERTY COVERAGE FORM Begins onPage A. Coverage 1 B. Covered Causes of Loss 18 C. Exclusions 18 D. Limitations 27 E. Limits of Insurance 28 R Deductible 28 G. Loss Conditions 28 K Additional Conditions 34 1. Optional Coverages 36 d Definitions 36 DELUXE BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORM A. Coverage 1 B. Exclusions and Limitation 8 C. Limits of Insurance 9 D. Deductible 10 E. Loss Conditions 10 F. Optional Coverages 11 G. Definitions 12 DELUXE BUSINESS INCOME (WITADUT EXTRA EXPENSE) COVERAGE FORM A. Coverage 1 B. Exclusions and Limitation 8 C. Limits of Insurance 9 D. Deductible 9 E. Loss Conditions 9 F. Optional Coverages 10 G. Definitions 11 DELUXE EXTRA EXPENSE COVERAGE FORM A. Coverage 1 B. Exclusions 6 C. Limits of Insurance 7 D. Loss Conditions 7 E. Optional Coverages 8 F. Definitions 8 DX DO D4 11 12 ® 2011 The Travelers Indemnity Company_ All rights reserved Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. DELUXE PROPERW COVERAGE Various provisions in this policy restrict coverage. Read the entire policy carefully to de- termine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this in- surance. Other words and phrases that appear in quotation marks have special meaning. REFER TO SECTION J. - DEFINITIONS. A. COVERAGE (I>) Building systems and We will a for direct physical loss of equipment including alarm, pay P Y communication, security and or damage to Covered Property caused monitoring devices; and by or resulting from a Covered Cause of Loss. (7) If not covered by other insur- 1. Covered Property ance: Covered Property, as used in this (a) Additions under construc- tion,Coverage Part, means each of the fol- to the alterations and repairs the building or structure; lowing types of property described in and this Section A-1., and limited in Section A.2., Property and Costs Not (b) Materials, equipment, sup- Covered, if a Limit of Insurance is plies and temporary struc- shown in the Declarations for that tures, on or within 1,000 type of property. feet of the described prem- ises,a. Buildin (s), meaning the designated used for making paiaddrs 9 9 tions, alterations or repairs building or structure at the prem- to the buildings or struc- ises described in the Declarations, tures. including: b. Your business Personal Property (1) Completed additions; located in or on the designated (2) Fixtures, including outdoor fix- building or structure at the prem- tures• ises described in the Declarations or in the open (or in a vehicle) (3) Foundations; within 1,000 feet of the described premises, consisting of the follow- (4) Glass that is a part of the ing unless otherwise specified in building or structure; the Declarations: (5) Machinery and equipment per- (1) Furniture and fixtures; manently attached to the build- ing or structure; (2) Machinery and equipment (in- cluding "electronic data proc- (6) Personal property owned by essing equipment"); you that is used to maintain or service the building or structure (3) "Stock"; or its premises, including: (4) All other personal property (a) Fire extinguishing equipment; owned by you and used in your (b) Outdoor furniture; business; (C} Floor coverings; (5) Labor, materials or services '.... furnished or arranged by you (d) Lobby and hallway furnish- on personal property of others; ings owned by you; (5) Your use interest as tenant in (e) Appliances used for refrig- improvements and betterments. erating, ventilating, cooking, Improvements and betterments dishwashing or laundering; are fixtures, alterations, instal- lations or additions: (f) Lawn maintenance and snow removal equipment; (a) Made a part of the building or structure you occupy or (g) Heating, air conditioning and lease but do not own; and ventilation equipment; and DX T1 00 11 12 @ 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 38 Includes copyrighted material of Insurance Services Office, Inc, with its permission. (b) You acquired or made at (d) The property is more spe- your expense, but cannot cifically insured; or legally remove; (e) This policy is cancelled or (7) Leased personal property for expires, whichever occurs which you have a contractual first; or responsibility to insure, unless otherwise insured under Per- (3) Is temporarily at any other sonal Property of Others; and premises not described in the Declarations, which you do not (8) Building glass that is not a own, lease or regularly operate. tenant improvement and Coverage does not include Sales youare contractually required bet- terment but which, as a tenant, Representative Property as defined you a to insure under a written lease in Paragraph A.M. below. agreement, e. Personal Property in Transit as c. Personal Property of Others meaning follows: others' personal property in your (1) This coverage for Personal care, custody, or control that is Property in Transit applies to: located in or on the designated building or structure at the prem- (a) Your Business Personal ises described in the Declarations Property; and or in the open (or in a vehicle) within 1,000 feet of the described (b) Personal Property of Others; premises. away from the described prem- However, our payment for loss of ises while in transit between or damage to Personal Property of points within the Coverage Ter- Others will only be for the ritory. account of the owner of the prop- (2) Unless a mode of transporta- erty. tion or type of shipment is d. Personal Property At Undescribed specifically excluded in the Premises meaning Your Business Declarations or by endorse- Personal Property and Personal ment, this coverage applies to Property r property in transit being Others in your care, shipped by any type of carrier custody or control that: or vehicle. (1) Is at "exhibition" premises located worldwide including (3) This coverage applies from the while in transit to and from the time the property leaves the "exhibition" premises provided premises where the shipment that no trade sanction, embargo begins until the shipment or similar regulation imposed arrives at its final destination. by the United States of Amer- If the property is not delivered, ica prohibits us from covering we cover the return of the the loss or damage; property to you, including while the property is temporarily held (2) Is at installation premises or by the receiver or the carrier temporary storage premises while awaiting return shipment while awaiting installation that to you. you do not own, lease or regu- larly operate. This coverage (4) Subject to the Limit of Insur- applies only to such property ance that applies to the Per- that will or has become a per- sonal Property in Transit cov- manent part of an installation erage, we will also pay for: project being performed for (a) Any general average or sal- others by you or on your vage charges you incur as behalf. This coverage will end respects losses to covered when any of the following first waterborne shipments; occurs: (b) Your interest in covered (a) Your interest in the property shipments sold Free On ceases; Board if you cannot collect (b) The installation is accepted payment for the loss or by the customer; damage from the consignee; and (c) The installation is aban- doned by you; Page 2 Of 38 ® 2011 The Travelers Indemnity Company. All rights reserved DX Ti 00 11 12 Includes copyrighted material of Insurance services Office, Inc. with its permission. (c) Loss of or damage to Cov- d. Automobiles, motorcycles, motor ered Property resulting from trucks, motor homes and similar the unintentional acceptance vehicles held for sale, lease, loan of any fraudulent Bill of or rent; Lading, order or shipping receipt by you, your em- e. Bulkheads, pilings, piers, wharves, ployees or authorized repre- docks, dikes or dams; sentatives or by your agent, f. Contraband or property in the customer or consignee from course of illegal transportation or anyone representing them- trade; selves to be the proper person to receive goods for g. "Electronic data processing data shipment or accept goods and media" that is obsolete or no for delivery. longer used by you; (5) This coverage does not apply h. "Employee tools" except as pro- to: vided in the Employee Tools Cov- (a) Accounts receivable; erage Extension; i. Export and import shipments while (b) "Employee tools"; covered under an ocean marine (C) "Fine arts cargo or other insurance policy; (d) Sales representative prop- 1• "Fine arts", except as provided in arty; the Personal Effects and Fine Arts Coverage Extensions; (e) Personal property in transit k Harvested grain, hay, straw or site; or from an "exhibition" other crops while outside of build- ings, growing crops or standing (f) "Valuable papers and re- timber; cords". 1. Human body parts and fluids in- f. Sales Representative Property mean- cluding organs, tissue, blood and ing goods or merchandise which cells; are Your Business Personal Prop- erty and Personal Property of Oth- M. Land, whether in its natural state ers in the custody of independent or otherwise (including land on contractors whom you authorize to which the property is located), sell such goods or merchandise, land improvements or the cost of This coverage applies worldwide restoring or stabilizing land; while the property is: n. Personal property sold by you un- (1) At any premises away from der an installment plan, conditional the described premises; or sale, trust agreement or other deferred payment plan after deliv- (2) In transit; ery to the purchasers except as provided that no trade sanction, provided in the Deferred Payments embargo or similar regulation im- Coverage Extension; posed by the United States of o. Property of others for which you America prohibits us from cover- are responsible while acting as a ing the loss or damage. common or contract carrier, car- t. Property and Costs Not Covered loader, freight forwarder, freight P ny consolidator, freight broker, ship- Unless the following property is ping association or similar added by endorsement to this Cover- arranger of transportation, or as a age Form, Covered Property does not public warehouseman; include: p. Property that is covered under a. Accounts, bills, currency, food another coverage form or en- stamps or other evidences of debt, dorse ment of this or any other money, notes, checks, drafts or policy in which it is more specifi- securities except as provided in cally described, except for the the Accounts Receivable Coverage excess of the amount due (whether Extension. Lottery tickets held for you can collect on it or not) from sale are not securities; that other insurance; IL Aircraft or watercraft q. Property while waterborne except while in transit by inland water c. Animals; carriers or by coastwise vessels DX T7 00 11 12 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 3 of 38 Includes copyrighted material of Insurance Services Office, Inc. with its permission. operating within "territorial facture, process or ware- waters"; house; r. Shipments by a government postal (b) Vehicles or self-propelled service except by registered mail; machines you hold for sale, lease, loan or rent other s. The cost of excavations, grading, than those excluded under backfilling or filling. This does not A.2.d. above; or apply to costs necessarily incurred to repair or replace covered loss (0 Trailers and Semi-trailers to or damage to Covered Property, the extent covered under the but any costs associated with land Non-Owned Detached Trail- stabilization and land reconstruc- ers Coverage Extension; tion are excluded; X. Water, whether in its natural state L The cost to research, replace or or otherwise, and whether above restore the information on "valu- or below ground or the cost of able papers and records" and reclaiming or restoring water. "electronic data processing data But this does not apply to: and media", except as provided in pP y the Valuable Papers and Records - (1) Water contained in storage Cost of Research and Electronic tanks used in your manufactur- Data Processing Data and Media ing or processing operations as Coverage Extensions; specifically insured under the u. The following property while out- Stored Water Additional Cover- side of buildings: age; or (1) Bridges, roadways, walks, pat- (2) Bottled water. ios, or other paved surfaces; 3. Additional Coverages (2) Artificial turf and associated Each of the following Additional Cov- underlayment; erages applies subject to the Limit(s) (3) Retaining walls that are not of Insurance stated in this Coverage part of a building; Form unless a revised Limit of insur- ance or Not Covered is indicated in (4) Fences; the Declarations or the coverage is (5) Trees, shrubs, plants or lawns otherwise amended by endorsement: (including fairways, greens and a Debris Removal tees), but not including vegeta- tive roofs on Covered Buildings (1) We will pay your expense to nor "stock" of trees, shrubs or remove debris of Covered plants; Property, and other debris that is on the described premises, except as provided in the Outdoor when such debris is caused by Property Coverage Extension. or results from a Covered v. The following underground prop- Cause of Loss that occurs dur- ing the policy period. The erty: expenses will be paid only if (1) Wires they are reported to us in writ- ing within 180 days of the date (2) Pipes, flues and drains; of direct physical loss or dam- (3) Tanks (including their contents); age. This Additional Coverage does (4) Tunnels (whether or not con- not apply to costs to: nected to buildings); (5) Mines or mining property; (al Remove debris of property you own that is not insured w. Vehicles or self-propelled ma- under this policy, or prop- chines that: erty of others in your care, custody or control that is (1) Are licensed for use on public not Covered Property; roads; or N Remove debris of property (2) Are operated principally away owned by or leased to the from the described premises; landlord of the building But this does not apply to: where your described prem- ises are located, unless you (a) Vehicles, self-propelled ma- have a contractual responsi- chines or autos you manu- bility to insure such prop- Page 4 of 38 ® 2011 The Travelers Indemnity Company. All rights reserved DX TI 00 11 12 Includes copyrighted material of Insurance Services Office, Inc. with its permission. i erty and it is insured under expense to remove the debris this policy; of any property that is not (c) Remove debris of any out- Covered Property (if such re- movalproperty type is covered under this P P Y a yP Additional Coverage) is $25,000. described in the Outdoor This is additional insurance. Property Coverage Exten- sion, whether the property b. Expediting Expenses is your property or the In the event of covered loss or property of others; damage to Covered Property, we (d) Remove any property that is will pay for the reasonable and included under Section A.2. necessary additional expenses you Property and Costs Not incur to make temporary repairs Covered; to, or expedite the permanent re- pairs or replacement of the Cov- e) Remove property of others ered Property at the premises sus- of a type that is not Cov- taining loss or damage. Expediting ered Property under this expenses include overtime wages Coverage Form; and the extra cost of express or (f) Extract "pollutants" from other rapid means of transporta- land or water; or tion. Expediting expenses do not include expenses you incur for the (g} Remove, restore or replace temporary rental of property or polluted land or water. temporary replacement of damaged (2) The most we will pay under property. this Additional Coverage for The most we will pay in any one your expense to remove the occurrence under this Additional debris of Covered Property is Coverage is $25,000. 25% of: F Fire Department Service Charge (a) The amount we pay for the When the fire department is called direct physical loss of or to save or protect Covered Prop- damage to Covered Prop- erty from a Covered Cause of erty; plus Loss, we will pay for your liability (b) The deductible in this Cov- for fire department service erage Part applicable to that charges: loss or damage. (1) Assumed by contract or Except as provided in Paragraph agreement prior to loss; or (3) below, this payment for (2) Required by local ordinance. your expense to remove the debris of Covered Property is No deductible applies to this Addi- included within the applicable tional Coverage. Covered Property Limit of In- surance. d. Fire Protective Equipment Discharge (3) If: If fire protective equipment at the described premises discharges (a) Your expense to remove accidentally or to control a Cov- debris of Covered Property ered Cause of Loss, we will pay exceeds the above 25% limi- your cost to: tation; or (1) Refill or recharge the system (b) The sum of the amount we with the extinguishing agents pay for loss of or damage that were discharged; and to Covered Property and the expense for removal of its (Z) Replace o repair faulty valves debris exceeds the applica- or controls which caused the ble Limit of Insurance; discharge. we will pay an additional e. Green Building Alternatives - amount for your expense to Increased Cost remove the debris of Covered (1) If direct physical loss or dam- Property, up to $250,000 in any age by a Covered Cause of one occurrence. Loss occurs to a building that (4) The most we will pay in any is Covered Property, we will one occurrence under this Addi- pay for: tional Coverage for your DX T1 00 11 12 ® 2011 The Travelers Indemnity Company. All rights reserved Page 5 of 38 Includes copyrighted material of Insurance Services Office, Inc. with its permission. (a) The reasonable additional (ii) The value you reported cost you incur to repair or to us for the building, as replace the lost or damaged stated on the latest portions of the building us- Statement of Values or ing products or materials other documentation on that: file with us prior to the (i) Are "green" alternatives loss or damage. to the products or mate- Unless otherwise stated in the rials of the lost or dam- Declarations, this resultant aged property, in accor- amount is subject to a maxi- dance with a documented mum amount of insurance of "green authority"; and $100,000 for each building. (ii) Are otherwise of compa- IF. Green Building Reengineering and Re- rable quality and func- certiflcati®n Expense tion to the damaged property; (1) If, as a result of direct physi- cal loss or damage by a Cov- and ered Cause of Loss to a build- (b) The reasonable additional ing that is Covered Property, cost you incur to employ the pre-loss level of green" "green" methods or proc- building certification by a esses of construction, dis- "Green Authority" on the build- posal or recycling in the ing is lost, we will pay for the course the repair and following reasonable additional replacement of the lost or expenses you incur to re-attain damaged building, in actor- the pre-loss level of "green" dance with the documented building certification from that standards of a "green "Green Authority": authority". (a) The reasonable additional (2) The insurance provided under expense you incur to hire a this Additional Coverage ap- qualified engineer or other plies only if replacement cost professional required by the valuation applies to the lost or "Green Authority" to be in- damaged building and then only volved in: if the building is actually (i) Designing, overseeing or repaired or replaced as soon as documenting the repair reasonably possible after the or replacement of the loss or damage. lost or damaged building; (3) The insurance provided under or this Additional Coverage does (ii) Testing and recalibrating not apply to any building that the systems and me- has been "vacant" for more chanicals of the lost or than 60 consecutive days damaged building to ver- before the loss or damage ify that the systems and occurs. mechanicals are perform- (4) The most we will pay for the ing in accordance with additional cost incurred with the design of such sys- respect to each building in any tems and mechanicals or one occurrence under this Addi- the specifications of the tional Coverage is determined manufacturer; by multiplying: and (a) A factor of 1% (unless a (b) The reasonable registration higher increased cost per- and recertification fees centage is shown in the charged by the "Green Au- Declarations); times thority". (b) The lesser of: (2) This Additional Coverage (i) The amount we would applies to the additional ex- otherwise pay for direct penses described above that physical loss of or dam- you incur to achieve the pre- physical to the building, prior loss level of "green" building age application of any certification in accordance with to applicable deductible; an the standards of the "Green Authority" that exist at the time of repair or replacement, Page 6 of 38 ® 2011 The Traaelers Indemnity Company. All rights reserved. DX T1 00 11 12 Includes copyrighted material of Insurance Services Office, Inc. with its permission. even if the standards have that "fungus", wet rot or changed since the original cer- dry rot are present. tification was achieved, (3) The most we will pay for the (3) The most we will pay in any total of all loss or damage un- one occurrence under this Addi- der this Additional Coverage tional Coverage for: arising out of all occurrences (a) All expenses incurred with of "specified causes of loss" respect to each building is ooccurring thanther fire lightning) each separate 5% of the sum of: 12 month period of this policy (i) The amount we pay for beginning with the effective the direct physical loss date of this policy is $25,000. of or damage to the (4) The coverage provided under building, including any this Additional Coverage does amount paid under the not increase the applicable Green Building Alterna- Limit of Insurance on any Cov- tives - Increased Cost ered Property. If a particular Additional Coverage; and occurrence results in loss or (ii) The deductible amount damage by "fungus", wet rot applied to the loss pay- or dry rot, and other loss or ment for direct physical damage, we will not pay more loss or damage to the for the total of all loss or building; damage than the applicable Limit of Insurance on the Cov- (b) All expenses incurred, re- ered Property. gardless of the number of buildings involved, is If there is covered loss or $25,000. damage to Covered Property that is not caused by "fungus", g. Limited Coverage for Fungus, Wet wet rot or dry rot, loss pay- Rot or Dry Rot ment will not be limited by the (1) The coverage provided in Para- terms of this Additional Cover- age, except to the extent that graph (2) below only applies "fungus", wet rot or dry rot when "fungus", wet rot or dry causes an increase in the loss. rot is the result of any of the Any such increase in the loss "specified causes of loss", will be subject to the terms of other than fire or lightning, that this Additional Coverage. occurs during the policy period, and only if all reasonable IL Ordinance or Law Coverage means have been used to save and preserve the property from (1) In the event of covered direct further damage at the time of physical loss or damage to a and after the occurrence of building that is Covered Prop- such "specified causes of erty, the following coverages loss". apply, but only with respect to that lost or damaged building: (2) We will pay for direct physical loss of or damage to Covered (a) Coverage 'A — Coverage For Property caused by "fungus", Loss To The Undamaged For— wet rot or dry rot, including: tion of The Building (a) The cost of removal of the We will pay under Coverage "fungus", wet rot or dry A for the loss in value of rot; the undamaged portion of the building as a conse- (b) The cost to tear out and quence of enforcement of replace any part of the an ordinance or law that building or other property requires demolition of un- as needed to gain access to damaged parts of the same the "fungus", wet rot or dry building. rot; and (b} Coverage B — Demolition Cost (c) The cost of testing per- Coverage formed after removal, repair, replacement or resto- We will pay under Coverage ration of the damaged prop- B the cost to demolish the erty is completed, provided building and clear the site there is a reason to believe of undamaged parts of the DX T7 00 11 12 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 7 of 38 Includes copyrighted material of Insurance Services Office, Inc. with its permission. '.. same building, as a conse- (b) The building either: quence of enforcement of an ordinance or law that (i) Sustains direct physical requires demolition of such loss or damage that is undamaged property. covered under this Cov- erage Part and such (c) Coverage C - Increased Cost damage results in of Construction enforcement of the ordi- We will pay under Coverage nance or law; or C the increased cost to: (ii) Sustains both direct physical loss or damage (i) Repair or reconstruct that is covered under damaged portions of that this Coverage Part and building; or direct physical loss or (ii) Reconstruct or remodel damage that is not cov- undamaged portions of ered under this Coverage that building, whether or Part and the building not demolition is re- damage in its entirety quired; results in enforcement when the increased cost is of the ordinance or law. a consequence of enforce- If the building sustains ment of the minimum re- direct physical loss or dam- quirements of the ordinance age that is not covered un- or law. der this Coverage Part, and such damage is the subject This Coverage C applies of the ordinance or law, only if the restored or re- then there is no coverage modeled property is in- under this Additional Cover- tended for similar occu- age even if the building has pancy as the current prop- also sustained covered erty, unless such occupancy direct physical loss or dam- is not permitted by zoning age. or land use ordinance. This Coverage C does not apply (c) In the situation described in if the building is not re- (b) UP above, we will not paired, reconstructed or re- pay the full amount of loss modeled. otherwise payable under the terms of Coverage A, B or (2) The coverages described in (1) C of this Additional Cover- above apply only if the provi- age. Instead, we will pay a sions in Paragraphs (a) and (b) proportion of such loss. The below are satisfied and are proportion of such loss that then subject to the qualifica- we will pay is the propor- tions set forth in Paragraph (c) tion that the covered direct below: physical loss or damage (a) The ordinance or law: bears to the total directphysical loss or damage. (i) Regulates the demolition, However, if covered direct construction or repair of physical loss or damage, buildings, or establishes alone, would have resulted zoning or land use in the enforcement of the requirements at the ordinance or law, then we described premises; and will pay the full amount of (ii) Is in force at the time loss otherwise payable un- of loss. der the terms of Coverage A, B, or C of this Additional But this Additional Coverage Coverage. applies only in response to the minimum requirements (3) We will not pay under this Ad- of the ordinance or law, ditional Coverage for: Losses and costs incurred in (a) Enforcement of any ordi- complying with ecom- nance or law which requires mended actions standards the demolition, repair, re- that exceed actual require- placement, reconstruction, ments are not covered. remodeling or remediation of property due to contami- nation by "pollutants" or Page 8 of 38 ® 2011 The Travelers Indemnity Company. All rights reserved DX T1 00 11 12 Includes copyrighted material of Insurance services Office, Inc. with its permission. due to the presence, growth, The most we will pay under this proliferation, spread or any Additional Coverage is $100,000 activity of "fungus", wet for the sum of all covered rot or dry rot; expenses arising out of all "speci- (b) fied causes of loss" occurring dur- The costs associated with enforcement of it ith ing each separate 12 month period y of this policy (beginning with the ordinance or law which effective date of the policy). requires any insured or oth- ers to test for, monitor, j. Preservation of Property clean up, remove, contain, If it is necessary to temporarily treat, detoxify or neutralize,s of move Covered Property from the or i any way respond described premises to preserve it p as sess the effects of from the threat of imminent loss rot or dry rot; or pollutants fungus", wet or damage by a Covered Cause of Loss: (C) Loss due to any ordinance ill(�) We w or law that: pay for the reasonable and necessary expenses actu- (i) You were required by ally incurred by you to remove the ordinance or law to the Covered Property from the comply with before the described premises, temporarily loss, even if the building store the Covered Property at was undamaged; and another location and move the (ii) You failed to comply Covered Property back to the P y described premises within a with. reasonable time after the threat (4) Exclusion C.1.h. Ordinance or of imminent loss or damage to Law does not apply to the in- the property by the Covered surance specifically provided Cause of Loss passes. The under this Additional Coverage. most we will pay for the sum of all such expenses that you (5) The most we will pay under incur due to the threat of loss this Additional Coverage for or damage from any one occur- loss with respect to all build- rence is $250,000, subject to ings lost or damaged in any the following: one occurrence, regardless of the number of buildings in- (a) This Limit of Insurance is volved, is $250,000. an additional amount of in- surance that is not included L Pollutant Cleanup and Removal in, and does not reduce, the We will pay your expense to Covered Property Limits of extract "pollutants" from land or Insurance. water at the described premises, if (b) When the Causes of Loss - the discharge, dispersal, seepage, Earthquake endorsement or migration, release or escape of the Causes of Loss - Earthquake "pollutants" is caused by or re- Sprinkler Leakage endorse- sults from any of the "specified ment is included in this causes of loss" which occurs: Coverage Part, our payment (1) On the described premises; for the sum of all expenses incurred due to the threat of (2) To Covered Property; and loss or damage to Covered Property from all threatened (3) During the policy period. occurrences of all such The expenses will be paid only if Covered Causes of Loss in they are reported to us within 180 any one policy year will not days of the date on which the exceed $250,000. This limit covered "specified cause of loss" is not included in, and does occurs. not reduce, the Limits of Insurance that apply to loss This Additional Coverage does not or damage to which the apply to costs to test for, monitor Causes of Loss - Earthquake or assess the existence, concentra- endorsement or the Causes tion or effects of "pollutants". But of Loss - Earthquake Sprin- we will pay for testing which is kler Leakage endorsement performed in the course of applies. extracting the "pollutants" from the land or water. DX Ti 00 11 12 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 9 of 38 Includes copyrighted material of Insurance Services Office, Inc. with its permission. (c) When the Causes of Loss - (h) The Covered Property is Broad Form Flood endorse- returned to the original ment is included in this location; or Coverage Part, our payment for the sum of all expenses (iii) This policy expires. incurred due to the threat of k. Reward Coverage loss or damage to Covered Property from all threatened We will reimburse you for rewards occurrences of such Cov- you have incurred leading to: ered Cause of Loss in any (7) The successful return of un- one policy year will not damaged stolen articles of exceed 00. This limit Covered Property to a law en- not not included in, and does not reduce, the Limits of forcement agency or Insurance that apply to loss (2) The arrest and conviction of or damage to which the any persons) who have dam- Causes of Loss - Broad aged or stolen any of your Form Flood endorsement Covered Property. applies. The most we will pay in any one (d) If the threat of imminent occurrence under this Additional direct physical loss or dam- Coverage is 25% of the covered age to Covered Property loss (prior to the application of from the same occurrence any applicable deductible and spans over multiple policy recovery of undamaged stolen ar- years, only the limit that ticles) up to a maximum of applies to this Coverage in $25,000 for the payments of re- the policy year in which the wards you make. These reward expenses are first incurred payments must be documented. No by you will apply to the to- deductible applies to this Addi- tal of the expenses incurred tional Coverage. due to the threat of loss or damage from that occur- 1. Stored Water rence. (1) We will pay the cost you incur This Coverage is subject to the to replace water that is used in deductible that applies to loss your manufacturing or process- or damage to the Covered ing operations which is con- Property by the Covered Cause tained in any: of Loss from which the prop- (a) Above-ground storage tank; erty is being preserved, or (2) We will also pay for any direct physical loss of or damage to (b1 Manufacturing processing the Covered Property while it equipment (including related is being moved from the piping) at the described described premises, while tem- premises, porarily stored at another loca- when the water has been tion or while being moved back released or rendered unusable to the described premises, sub- for its intended purpose due to ject to the following: direct physical loss of or dam- (a) This Coverage is subject to, age to such tank, equipment or and does not increase the piping by a Covered Cause of applicable Covered Property Loss. Limit of Insurance. (2) This Additional Coverage does (b) This Coverage will only not apply to costs to restore apply if the loss or damage or replace water contained in occurs within 180 days after any fire suppression system. the Covered Property is (3) The most we will pay in any first moved and will end one occurrence under this Addi- when any of the following tional Coverage is $25,000. first occurs: m Water or Other Substance loss - (i) The policy is amended Tear Out and Replacement Expense to provide insurance at the new location; In the event of covered loss or damage caused by or resulting from water (or steam), other liquid, Page 10 of 38 ® 2DI I The Travelers Indemnity Company. All rights reserved. DX T1 00 11 12 Includes copyrighted material of Insurance Services Office, Inc. with its permission. powder or molten material, we tion expenses that are made will also pay: necessary by the loss; and (1) The necessary cost of tearing (d) Other reasonable expenses out and replacing any part of a that you incur to re- Covered Building or Structure establish your records of to repair damage to the system accounts receivable. or appliance from which the water (or steam), other liquid, (2) If you cannot accurately estab- powder or molten material es- lish the amount of accounts capes; and receivable outstanding as of the time of loss, we will: (2) The cost to repair or replace damaged parts of fire extin- (a) Determine the total of the guishing equipment if. average monthly amounts of accounts receivable for the (a) The damage results in dis- 12 months immediately pre- charge of any substance ceding the month in which from an automatic fire pro- the loss occurs; tective system; or (b) Adjust the total for any (b) Is directly caused by freez- normal fluctuations in the ing. amount of accounts receiv- able for the month in which Except as provided under (2) the loss occurred or for any above, we will not pay the cost to demonstrated variance from repair any defect in a system or appliance from which the water (or the average for that month; steam), other liquid, powder or and molten material escapes. (c) Deduct the following from 4 a Extensions the total amount of ac- . Coverage counts receivable, however Each of the following Coverage that amount is established: Extensions applies subject to the Limits) of Insurance stated in this (il The amount counts for which there is of the ac- Coverage Form, unless a revised Limit of Insurance or Not Covered is indi- cated in the Declarations or the cov- UV The amount of the ac- erage is otherwise amended by counts that you are able endorsement: to re-establish or collect; a. Accounts Receivable (iii) An amount to allow for (1) You may extend the insurance probable bad debts that that applies to Your Business you are normally unable to collect; and Personal Property to apply to losses and expenses described (iv) All unearned interest and below that you incur resulting service charges. from direct physical loss or damage by a Covered Cause of (3) The most we will pay in any Loss to your accounts receiv- one occurrence under this Ex- able records. Credit card com- tension for loss and expenses pany charge media will be con- resulting from loss of or dam- sidered accounts receivable age to your records of until delivered to the credit accounts receivable: card company. (a) At or within 1,000 feet of We will pay: the described premises is (a) Amounts due from your $50,000; and customers that you are un- (b) While in transit or at all able to collect; undescribed premises is (b) Interest charges on any loan $25,000. required to offset amounts b. Appurtenant Buildings and Structures you are unable to collect pending our payment of (1) At the described premises these amounts; where Building coverage ap- plies: (c) Collection expenses in ex- (a) You may extend the insur- cess of your normal collec- ance that applies to your buildings to apply to direct DX Ti 00 11 12 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 11 of 38 Includes copyrighted material of Insurance Services Office, Inc. with its permission. physical loss or damage by able to attorneys, insurance a Covered Cause of Loss to adjusters or their associates incidental appurtenant build- or subsidiaries; ings and structures- which are at the described prem- (b) Any costs as provided in ises but not specifically de- the Appraisal Loss Condi- scribed in the Declarations, tion (G.2.); or and (C) Any expenses incurred, di- (b) You may extend the insur- rected, or billed by or pay- ance that applies to Your able to insurance brokers or Business Personal Property agents, or their associates and Personal Property of or subsidiaries, without our Others, if any, to apply to written consent prior to direct physical loss or dam- such expenses being in- age by a Covered Cause of curred. Loss to such property (3) The most we will pay for located within incidental claim data expense in any one appurtenant buildings or occurrence under this Extension structures which are at the is $25,000. described premises but not specifically described in the d. Covered Leasehold Interest - Undam- Declarations. aged Improvements and Betterments (2) Incidental appurtenant buildings (1) You may extend the insurance or structures include storage that applies to Your Business buildings, garages, pump Personal Property at the de- houses, above ground tanks, scribed premises which you television and radio towers, an- lease from others to apply to tennas, satellite dishes and your interest as tenant in im- solar panels mounted on the provements and betterments, as ground or on poles not defined in Section A1.b.(5) of attached to buildings and struc- this Coverage Form, which are tures. But incidental appurtenant not damaged or destroyed, but buildings and structures do not which you lose due to the can- include: cellation of your lease by your (a) Outside signs, whether or landlord. The cancellation of not attached to buildings or your lease by your landlord structures; must: (b) Any property to which the (a) Result from direct physical Outdoor Property Coverage loss of or damage to prop- Extension applies; or erty at the described prem- ises where your improve- (C) Any property excluded under ments and betterments are Section k2. Property and located, caused by or re- Costs Not Covered. sulting from a Covered (3) The most we will pay for loss Cause of Loss; and or damage in any one occur- (b) Be permitted in accordance rence under this Extension is with the conditions of your $100,000. written lease agreement. C. Claim Data Expense (2) The most we will pay for loss in any one occurrence under (1) You may extend the insurance this Extension is: provided by this Coverage Form to apply to the reason- (a) The applicable Your Busi- able expenses you incur in pre- ness Personal Property Limit paring claim data when we of Insurance; or require it to adjust a covered (b) $100,000; loss. This includes the cost of taking inventories, making whichever is less. appraisals and preparing other documentation to show the e. Deferred Payments extent of loss. (1) You may extend the insurance (2) We will not pay for that applies to Your Business Personal Property to apply to (a) Any expenses incurred, di- your interest in such business rected, or billed by or pay- personal property that is sold Page 12 of 38 ® 2011 The Travelers Indemnity Company. All rights reserved DX T1 00 11 12 Includes copyrighted material of Insurance Services Office, Inc. with its permission. by you under an installment (2) The most we will pay for loss plan, conditional sale, trust or damage in any one occur- agreement or other deferred rence under this Extension is payment plan when, as a result $50,000. of direct physical loss of or damage to such property: g. Electronic Data Processing Data and Media (a) Occurring within the Cover- age Territory at any loca- (1) You may extend the insurance tion, or in transit, after de- that applies to Your Business livery to buyers; and Personal Property and Personal Property of Others to apply to (b) Caused by a Covered Cause your costs to research, replace of Loss; or restore the lost information the buyer refuses to continue on lost or damaged "electronic payments owed to you for data processing data and such property and, as a result, media" for which duplicates do you repossess the remaining not exist. The loss or damage damaged property of value, if to the "electronic data process- any. ing data and media" must be caused by a Covered Cause of (2) The value of your loss under Loss. this Extension will be deter- mined as follows: (2) The most we will pay in any one occurrence under this Ex- (a) In the event of partial loss tension for loss or damage to to property, the value of "electronic data processing your loss will be: data and media": (i) The unpaid balance (a) At or within 1,000 feet of shown on your books as the described is as follows: due from the buyer for such property, excluding (i) $50,000 at all described any interest or fees due; premises unless a dif- minus ferent Limit of Insurance or Not Covered is shown (li} The actual cash value of in the Declarations or the repossessed dam- Paragraph (ii) below ap- aged property. plies; (b) In the event of a total loss (ii) When Included is shown to property, the value of in the Declarations as your loss will be the unpaid the Limit of Insurance, balance shown on your the insurance provided books as due from the for such property is in- buyer for such property, ex- cluded in, and does not cluding any interest or fees increase the Limit(s) of due. Insurance that otherwise (3) The most we will a for Toss apply to loss or damage pay to Your Business Per- in any one occurrence under sonal Property and Per- this Extension is $25,000. sonal Property of Others f. Duplicate Electronic Data Processing at the described prem- Data and Media ises where the loss oc- curs; (1) You may extend the insurance and that applies to Your Business Personal Property and Personal (b) At any other location where Property of Others to apply to the insurance provided under direct physical loss or damage this Coverage Form for Your by a Covered Cause of Loss to Business Personal Property duplicates of your "electronic and Personal Property of data processing data and Others applies, including media" while stored in a sepa- while in transit, is included rate, unattached building any- in and does not increase where in the Coverage Territory the Limit of Insurance that from where your original "elec- otherwise applies to loss or tronic data processing data and damage to Your Business media" are kept. Personal Property and Per- sonal Property of Others at DX T1 00 11 12 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 13 of 36 Includes copyrighted material of Insurance Services Office, Inc. with its permission. that location or in transit. a At the described But, in no event will the premises; or amount we pay for such rem- o At replacement loss or damage to "elec- P P tronic data processing data ises or at temporary and media" under this locations, including Extension exceed the relocation expenses amount we would have paid and costs to equip had the loss to "electronic and operate the re- data processing data and placement or tempo- media" occurred at or rary locations; within 1,000 feet of the de- scribed premises. (ii) si if you minimize the s sion of business if you IL Employee Tools cannot continue your normal business opera- (1) You may extend the insurance tions at the described that applies to Your Business premises; or Personal Property to apply to direct physical loss or damage (iii) To the extent that it re- by a Covered Cause of Loss to duces the amount of "employee tools" at the de- loss that otherwise scribed premises or while in would have been payable the care, custody or control of under this Coverage your employees at job sites or Form: while in transit between these ® To repair or replace locations. any property; (2) The most we will pay for loss % To research, replace or damage in any one occur- or restore the lost rence under this Extension is $25,000, but not more than information on lost $2,500 for any one item. t r damaged "elec- tronic data processing i. Extra Expense data and media" or (1) You may extend the insurance "valuable papers and Y records". provided by this Coverage Form to apply to the reason- (b) Period of restoration means able and necessary Extra the period of time that: Expense you incur, during the period of restoration, due to (i) Begins with the date of direct physical loss or damage direct physical loss or to property at or within 1,000 damage caused try or re- feet of the described premises suiting from any caused by or resulting from a eyed described of Losss t a at Covered Cause of Loss. the described premises; and (2) If you occupy only a portion of a building in which the de- (ii) Ends on the earlier of: scribed premises are located, ® The date when the such premises include all property at the de- routes within the building to scribed premises gain access to the portion of should be repaired, the building which you own, rebuilt or replaced rent, lease or occupy. with reasonable (3) As used in this Extension: speed and similar quality; or (a) Extra Expense means neces- sary expenses you incur Tess is resumed u a that you would not have in- curred if there had been no new permanent loca- direct physical loss or dam- tion. age to property: Period of restoration does (i) To avoid or minimize not include any increased the suspension of busi- period required due to the ness and to continue enforcement of any ordi- your normal business nance or law that: operations: Page 14 of 38 ® 2011 The Travelers Indemnity Company. All rights reserved. ®X T7 00 11 12 Includes copyrighted material of Insurance Services Office, Inc. vvith its permission. (i) Regulates the construc- (2) With respect only to the insur- tion, use or repair, or ance provided by this Exten- requires the tearing sion, the following changes ap- down of any property; ply to the Exclusions in Sec- or tion C. and Limitations in Sec- (ii) Requires any insured or tion D. of this Coverage Form: others to test for, moni- (a) The exclusion of loss or tor, clean up, remove, damage caused by or result- contain, treat, detoxify ing from dishonest or or neutralize, or in any criminal act under Exclusion way respond to the ef- C.2.c. (Dishonesty) does not fects of "pollutants". apply, except with respect The expiration date of this to dishonest or criminal act policy will not out short the by you or any of your part- period of restoration. ners, directors or trustees; (4) The most we will pay for all (b) The exclusion h loss of t Extra Expense in any one oc- property when there is no currence under this Extension is physical evidence to show $25,000. what happened to the prop- erty under Limitations D.U. j. Fine Arts does not apply. (1) You may extend the insurance (3) The most we will reimburse that applies to Your Business you for costs under this Exten- Personal Property and Personal sion is $25,000 in total arising Property of Others to apply to out of all occurrences occurring direct physical loss or damage during each separate 12 month by a Covered Cause of Loss to period of this policy (beginning "fine arts" at the described with the effective date of the premises or in transit. policy). (2) The most we will pay in any 1. Newly Constructed or Acquired Prop- one occurrence under this erty Extension for loss of or dam- age to "fine arts": (1) You may extend the insurance provided by this Coverage (a) At or within 1,D00 feet of Form to apply to direct physi- the described premises is cal loss or damage by a Cov- $50,000; and ered Cause of Loss to: (b) While in transit is $25,000. (a) Your new buildings or addi- tions while being built on y the described premises or (1) If a master key or key card to newly acquired premises in- buildings, rooms or compart- cluding materials, equip- ments that are Covered Prop- ment, supplies and tempo- erty or house Covered Property rary structures, on or within is lost or damaged by a Cov- 1,0OD feet of the premises; ered Cause of Loss, you may (b) Buildings you acquire at extend the insurance provided locations other than the by this Coverage Form to apply described premises; and to the actual and necessary costs you incur to: (c) Buildings which you become newly required to insure un- (a) Replace keys and either: der a written contract. (i) Adjust existing locks to The most we will pay for loss accept the new keys; or or damage to Buildings in any (ii) Replace existing locks, one occurrence under this Ex- but only if necessary rrr tension is $2,000,000 at each less expensive than the building. cost of adjusting the ex- (2) You may extend the insurance isting locks; that applies to Your Business or Personal Property and Personal Property of Others to apply to (b) Re-program the key card ac- direct physical loss or damage cess control device to ac- by a Covered Cause of Loss to cept replacement key cards. that type of property at: DX T1 00 11 12 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 15 of 38 '..... Includes copyrighted material of Insurance Services Office, Inc. with its permission. (a) A building you newly ac- (b) During hitching or unhitching quire or construct at a loca- operations, or when a trailer tion described in the Decla- or semi-trailer becomes ac- rations; and cidentally unhitched from a (b) Any other location you ac- motor vehicle or motorized quire by purchase or lease conveyance. (other than at "exhibitions". (3) The most we will pay for loss The most we will pay for loss or damage in any one occur- or damage to Your Business rence under this Extension is Personal Property and Personal $25,000. Property of Others in any one (4) This insurance is excess over occurrence under this Extension the amount due from any other is $1,000,000 in total at each insurance covering such prop- newly acquired premises. erty, whether you can collect (3) Insurance provided under this on it or not. Extension for each newly ac- n. Outdoor Property quired or constructed property will end when any of the fol- (1) You may extend the insurance lowing first occurs: provided by this Coverage (a) This policy is cancelled or Form to apply to: expires; (a) Direct physical loss or (b) 180 days expire after you damage to your outdoor: acquire or begin to con- (i) Fences; struct the property, pi) Retaining walls that are (c) You report values to us; or not part of a building; (d) The property is more spe- (iii) Lawns (including fair- cifically insured. ways, greens and tees), artificial turf (including We will charge you additional underlayment) trees, premium for values reported shrubs and plants (other from the date construction be- than "stock" of trees, gins or you acquire the prop- shrubs or plants); erty. oad- m. Non- ed Detached Trailers Ilk) Bridges, walks,ways, patios or other other (1) You may extend the insurance paved surfaces; that applies to Your Business at the described premises Personal Property to apply to caused by or resulting from direct physical loss or damage a cause of loss described in by a Covered Cause of Loss to (2) below, trailers or semi-trailers that you do not own, provided that: and (a) The trailer or semi-trailer is (b) The reasonable and neces- used in your business; sary expense that you incur to remove debris of your (b) The trailer or semi-trailer is outdoor property listed in your care, custody or above and similar property control at the described of others at your described premises; and premises caused by a Cause (c) You have a contractual re- of Loss listed in (2) below sponsibility to pay for loss that occurs during the pol- or damage to the trailer or icy period. Such expenses semi-trailer. will be paid only if they are reported to us in writing (2) We will not pay for any loss within 180 days of the di- or damage that occurs: rect physical loss or dam- age. Such payment will not (a) While the trailer or semi- increase the Limit of Insur- trailer is attached to any ante that applies to this Ex- motor vehicle or motorized tension. conveyance, whether or not the motor vehicle or motor- ized conveyance is in mo- tion; or Page 16 of 38 ® 2011 The Travelers Indemnity Company. All rights reserved DX T7 00 11 12 Includes copyrighted material of Insurance Services Office, Inc. with its permission. (2) This Extension applies only if (3) Our payment for loss or dam- the loss or damage is caused age under this Extension will by or results from the follow- only be for the account of the ing causes of loss, and then owner of the property. only if they are a Covered Personal Property Cause of Loss: 4 P ty At Premises Outside (a) Fire; of the Coverage Territory (1) You may extend the insurance (b) Lightning; that applies to Your Business (c) Explosion; Personal Property and Personal Property of Others to apply to (d) Riot or Civil Commotion; direct physical loss or damage by a Covered Cause of Loss to (e1 Aircraft; such property occurring at (f) Falling Objects; or premises anywhere in the world outside of the Coverage Terri- (g) "Sinkhole Collapse". tory provided that no trade sanction, embargo or similar (3) The most we will pay for loss regulation imposed by the or damage and debris removal United States of America pro- expense in any one occurrence hibits us from covering the under this Extension is $25,000, loss or damage. but we will not pay more than $2,500 for any one tree, shrub (2) This Extension does not apply or plant. to: o. Outside Signs (a) Personal property at an "ex- (1) You may extend the insurance hibition"; provided by this Coverage (b) Property at any installation Form to apply to direct physi- site or at temporary storage cal loss or damage by a Cov- premises awaiting installa- ered Cause of Loss to outside tion; signs, whether or not attached to a building, at or within 1,000 (c) Sales representative prop- feet of the described premises erty; or or at any undescribed premises. (d) Personal property in transit. (2) The most we will pay in any (3) The most we will pay for loss one occurrence under this Ex- or damage in any one occur- tension for loss or damage to rence under this Extension is all outside signs: $50,000. (a) At or within 1,000 feet of r. Personal Property In Transit Outside the described premises is of the Coverage Territory $100,000; (1) Unless otherwise indicated i (b) At all undescribed remises P the Declarations or by en- is $5,000. dorsement, you may extend the p. Persona! Effects insurance provided for Personal Property in Transit in Section (1) You may extend the insurance A.l.e. (including any mode of that applies to Your Business transportation or type of ship- Personal Property to apply to ment exclusion), to apply to direct physical loss or damage Your Business Personal Prop- by a Covered Cause of Loss to erty and Personal Property of personal effects or "fine arts" Others in your care, custody or owned by your officers, your control in transit anywhere in partners or your employees the world outside of the Cov- while such property is at the erage Territory provided that described premises. no sanction, embargo or similar (2) The most we will pay for loss regulation imposed by the United States of America pro- or damage in any one occur- hibits us from covering the rence under this Extension is loss or damage. $25,000 at each described premises. (2) This Extension also applies to Covered Property in transit which is in the custody of your officers or employees. DX T1 00 11 12 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 17 of 38 Includes copyrighted material of Insurance Services Office, Inc. with its permission. (3) The most we will pay for loss u. Valuable Papers and Records - Cost or damage in any one occur- of Research rence under this Extension is $25,000. (1) You may extend the insurance that applies to Your Business s. Theft Damage to Rented Property Personal Property to apply to (1) You may extend the insurance your costs to research, replace that applies to Your Business or restore the lost information Personal Property to apply to on lost or damaged "valuable direct physical loss or damage papers and records" for which by theft or attempted theft to: duplicates do not exist. The loss or damage to ' valuable (a) That part of any building at papers and records" must be the described premises that caused by a Covered Cause of you occupy, but do not Loss. own, and which contains the (2) The most we will pay for loss Covered Property; and or damage in any one occur- (b) Property within such non- rence under this Extension: owned building used for maintenance or service of (� At or scribe 1,pre feet of the non-owned building. the described premises is $50,000; and (2) This Extension applies only if (b) While in transit or at all you are a tenant and are re- undescribed premises is quired in your lease to cover $25,000. the expense. (3) We will not be liable under this B. COVERED CAUSES OF LOSS Extension for loss or damage Covered Causes of Loss means RISKS OF by fire or explosion, or to DIRECT PHYSICAL LOSS unless the loss glass (other than glass building is: blocks) or to any lettering, or- namentation or burglar alarm 1. Excluded in Section C., Exclusions; tape on glass. 2. Limited in Section D., Limitations; or (4) Payment under this Extension 3. Excluded or limited in the Declarations will not increase the Limit of or by endorsement. Insurance that applies to Your Business Personal Property at C. EXCLUSIONS the described premises where the direct physical loss or 1. We will not pay for loss or damage damage occurs. caused directly or indirectly by any of the following. Such loss or dam- L Undamaged Parts of Stock in Process age is excluded regardless of any (11 You may extend the insurance other cause or event that contributes Y concurrently or in any sequence to that applies to Your Business the loss or damage. Exclusions CA.a. Personal Property and Personal through CA.L apply whether or not the Property of Others to apply to loss event results in widespread dam- the reduction in value of un- age or affects a substantial area. damaged parts of covered products or "stock" in process a. Certain Computer-Related Losses which become unmarketable. The reduction in value must be (1) Failure, malfunction or inade- the direct result of direct quacy of: physical loss or damage by a (a) Any of the following, Covered Cause of Loss to whether belonging to any other parts of the covered insured or to others: products or "stock" in process at the described premises. (i) Computer hardware, in- (2) The most we will pay for loss cluding microprocessors; or damage in any one occur- 00 Computer application rence under this Extension is software; $50,000. (iii) Computer operating sys- tems and related soft- ware; (iv) Computer networks; Page 18 of 38 0 2D11 The Travelers Indemnity Company. All rights reserved DX T7 DO 11 12 Includes copyrighted material of Insurance Services Office, Inc, with Its permission. (v) Microprocessors (com- (d) Earth sinking (other than puter chips) not part of "sinkhole collapse"), rising, any computer system; or or shifting including soil (Vi) Any other computerized conditions which cause set- or electronic equipment tling, cracking or other dis- arrangement of foundations or components; or other parts of realty. or Soil conditions include con- traction, expansion, freezing, (b) Any other products and ser- thawing, erosion, improperly vices, data or functions, compacted soil and the ac- that directly or indirectly tion of water under the use or rely upon, in any ground surface; or manner, any of the items listed in Paragraph (1)(a) (e) Volcanic eruption, explosion above; or effusion. due to the inability to correctly (2) If Earth Movement as described recognize, process, distinguish, In: interpret or accept one or more (a) Paragraphs (1)(a) through (1)(d) dates or times. above results in fire or ex- (2) Any advice, consultation, de- plosion, we will pay for the sign, evaluation, inspection, in- loss or damage caused by stallation, maintenance, repair, that fire or explosion; or replacement or supervision pro- (b) Paragraph (1)(e) above, re- vided or done by you to de- sults in fire, building glass termine, rectify or test for, any breakage or Volcanic Action, potential or actual problems we will pay for the loss or described in Paragraph (1) damage caused by that fire, above. building glass breakage or If an excluded Cause of Loss as Volcanic Action. described in Paragraphs (1) and (2) Volcanic Action means di- above results in any of the rect loss or damage result- "specified causes of loss", or in ing from the eruption of a elevator collision resulting from volcano when the loss or mechanical breakdown, we will pay damage is caused by: only for the loss or damage caused by such "specified causes (i) Airborne volcanic blast of loss" or elevator collision. or airborne shock waves; We will not pay for repair, re- (ii) Ash, dust or particulate placement or modification of any matter; or items in Paragraphs (1) and (2) above to correct any deficiencies (iii) Lava flow. or change in features. With respect to coverage b. Earth Movement for Volcanic Action as set forth in W, UP and (iii) (1) Any of the following, all above, volcanic eruptions whether naturally occurring or that occur within any 168- due to man-made or other arti- hour period will constitute a ficial causes: single occurrence. Volcanic (a) Earthquake, including trem- Action does not include the ors and aftershocks, and cost to remove ash, dust or particulate matter that does earth sinking, rising or s not cause direct physical shifting related to such loss or damage to the de- event; scribed property. (b) Landslide, including any (3) This exclusion does not apply earth sinking, rising or to: shifting related to such event; (a) Personal property in transit; (G) Mine subsidence, meaning (b) Personal property at an "ex- subsidence of a man-made hibition"; mine, whether or not mining activity has ceased; (C) Sales representative prop- erty; or DX Tt 00 11 12 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 19 of 38 Includes copyrighted material of Insurance Services Office, Inc. with its permission. (d) Personal property in the h. Ordinance or Law custody of any officer or employee of the insured (1) The enforcement of any ordi- while traveling outside of nance or law: the Coverage Territory. (a) Regulating the construction, c. Fungus, Wet Rot or Dry Rot use or repair of any prop- Presence, growth, proliferation, erty; or spread or any activity of "fungus", M Requiring the tearing down Wet rot or dry rot. of any property, including the cost of removing its But if "fungus", wet rot or dry rot debris. results in any of the "specified causes of loss", we will pay for (2) This exclusion, Ordinance or the loss or damage caused by Law, applies whether the loss such "specified causes of loss results from: This exclusion does not apply: (a) An ordinance or law that is us", wet rot or d enforced even if the prop- (1) When "fungus", dry erty has not been damaged; rot results from fire or light- or ning; or a is (b) The increased costs incurred (2) To the extent that coverage to comply with an ordinance provided under the Limited or law in the course of Coverage for Fungus, Wet Rot construction, repair, renova- or Dry Rot Additional Coverage. tion, remodeling or demoli- d. Governmental Action tion of property, or removal of its debris, following a Seizure or destruction of property physical loss to that prop- by order of governmental authority erty. except as provided for under the j Utility Services Additional Coverage - Ordinance or Law Coverage. The failure or fluctuation of But we will pay for loss or dam- power, communication, water or age caused by or resulting from other utility service supplied to acts of destruction ordered by the described premises, however governmental authority and taken caused, if the failure or fluctua- at the time of a fire to prevent tion: its spread, if the fire would be (1) Originates away from the de- covered under this Coverage Part. scribed premises; or e. Intentional Loss (2) Originates at the described Any act an insured commits or premises, but only if such fail- conspires to commit with the in- ure or fluctuation involves tent to cause a loss. equipment used to supply the utility service to the described In the event of such loss, no in- premises from a source away sured is entitled to coverage, in- from the described premises. cluding insureds who did not Failure or fluctuation of an utility commit or conspire to commit the Y Y act causing the loss. service includes lack of sufficient capacity and reduction in supply. f. Neglect But if the failure or fluctuation of Neglect of an insured to use rea- power, communication, water or sonable means to save and pre- other utility service results in a serve property from further dam- Covered Cause of Loss, we will age at and after the time of loss. pay for the loss or damage caused g. Nuclear Hazard by that Covered Cause or Loss. Nuclear reaction or radiation, or Communication services includeservice relating to Internet access radioactive contamination, however or access to any electronic, cellu- caused. lar or satellite network. But if nuclear reaction or radiation, !. Virus or Bacteria or radioactive contamination re- sults in fire, we will pay for the (1) Any virus, bacterium, or other loss or damage caused by that microorganism that induces or fire. Page 20 of 38 ® 2011 The Travelers Indemnity Company. All rights reserved. DX T1 00 11 12 Includes copyrighted material of Insurance Services Office, Inc. with its permission. is capable of inducing physical (iii) Doors, windows or other distress, illness or disease, openings; or (2) With respect to any loss or (e) Waterborne material carried damage subject to this exclu- or otherwise moved by any sion, this exclusion supersedes of the water referred to in any exclusion relating to "pol- Paragraphs (a), (c) and (d) lutants". above, or material carried k. War and Military Action or otherwise moved by mudslide or mudflow. (1) War, including undeclared or But if Water, as described in (a) civil war, through (e) above, results in (2) Warlike action by a military fire, explosion or sprinkler force, including action in hin- leakage, we will pay for the dering or defending against an loss or damage caused by that actual or expected attack, by fire, explosion or sprinkler any government, sovereign or leakage. other authority using military personnel or other agents'• or (2) This exclusion does not apply to: (3) Insurrection, rebellion, revolu- tion, usurped power, or action lal Personal property in transit; taken by governmental author- (b) Personal property at an "ex- ity in hindering or defending hibition"; against any of these. I Water (c) Sales representative prop- erty, or (1) Any of the following, all (d) Personal property in the whether naturally occurring or custody of any officer or due to man-made or other arti- employee of the insured ficial causes: while traveling outside of (a) Flood, surface water, waves the Coverage Territory, (including tidal wave and Z. We will not pay for loss or damage tsunami), tides, tidal water, caused by or resulting from any of overflow of any body of the following: water, or spray from any of these, all whether driven by a Collapse wind (including storm surge) or not- (1) Collapse, including any of the following conditions of prop- W Mudslide or mudflow; erty or any portion of the ([) Water or sewage that backs property: up or overflows or is oth- (a) An abrupt falling down or erwise discharged from a caving in-, sewer, drain, sump, sump pump or related equipment. (b) Loss of structural integrity, However, this exclusion including separation of por- does not apply to the tions of the property or backup or overflow of wa- property in danger of falling ter or sewage from drains down or caving in; or within a building if the (c) Any cracking, bulging, sag- backup or overflow is not ging, bending, leaning, set- otherwise directly or indi- tling, shrinkage, or expan- rectly caused by the Water sion as such condition re- Exclusions in Paragraphs (a) lates to Paragraphs (a) or (b) or (b) above or in Para- above. graphs (d) or (0) below. But if collapse results in a (d) Water under the ground sur- Covered Cause of Loss at the face pressing on, or flowing described premises, we will or seeping through. pay for the loss or damage (i) Foundations, wallsy caused by that Covered Cause of Loss. floors or paved surfaces; (ii) Basements, whether (2) This Exclusion does not apply: paved or not; or (a) To an abrupt collapse to the extent that coverage is pro- DX TI 00 11 12 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 21 of 38 Includes copyrighted material of Insurance Services Office, Inc. with its permission. vided under the Abrupt Col- struction, remodeling or lapse Additional Coverage in renovation; (3) below; or (iv) Use of defective mate- (b) To collapse of Covered rial or methods of con- Property caused by one or struction, remodeling or more of the following: renovation if the abrupt (i) An "specified collapse occurs after the Y of the „s P construction, remodeling, causes of loss" or or renovation is com- breakage of building plete, but only if the glass, all only as insured collapse is caused in against in this Coverage part by: Part; (ii) Weight of rain that col- ! A cause of loss g listed in Paragraphs lects on a roof; or (3)(b)(0 or l3}(b}N (iii) Weight of people or per- above; sonal property. • One or more of the (3) Abrupt Collapse Additional "specified causes of Coverage loss"; The term Covered Cause of ® Breakage of building Loss includes abrupt collapse glass; as described and limited under ® Weight of people or Paragraphs (a) through (g) below. property; or (a) As used in this Additional ® Weight of rain that Coverage, abrupt collapse collects on a roof. means abrupt falling down or caving in of a building (c) Abrupt collapse under Para- or any portion of a building graphs (3)(a) and (b) above with the result that the does not apply to: building or portion of the building cannot be occupied (i) A building or any por- for its intended purpose, tion of a building that is (b) We will a for direct in danger of falling pay down or caving in; physical loss of or damage to Covered Property, caused (ii) A portion of a building by abrupt collapse of a that is standing, even if building or any portion of a it has separated from building that is insured un- another portion of the der this Coverage Form, or building; or that contains Covered Prop- erty insured under this Cov- (iii) in building that is s of a ing or any portion erage Form, if such collapse building that is standing, a is caused by one or more even if it shows evi- of the following: dence of cracking, bulg- (1) Building decay that is ing, sagging, bending, hidden from view, unless leaning, settling, shrink- the presence of such de- age or expansion. cay is known to an in- sured prior to collapse ( With respect to the follow- '; ing property: Insect or vermin damage that is hidden from (1 Television and radio towers, antennas, satel- view, unless the pres- lite dishes, guy wires, ence of such damage is lead-in wiring and masts; known to an insured prior to collapse; (ii) Awnings, canopies, gut- (iii) Use of defective mate- ters, downspouts and rial or methods in con- fences; struction, remodeling or (iii) Yard fixtures; renovation if the abrupt collapse occurs during (iv) Outdoor swimming pools; the course of the con- (v) Bulkheads, pilings, piers, wharves and docks; Page 22 of 38 ® 2011 The Travelers Indemnity Company. All rights reserved. DX T1 00 11 12 Includes copyrighted material of Insurance Services Office, Inc. with its permission. (A Beach or diving plat- (g) This Abrupt Collapse Addi- forms or appurtenances; tional Coverage will not in- crease the Limits of Insur- ance provided in this Cov- (Viii)Underground pipes, flues erage Part. or drains; and b. Consequential Loss (ix) Walkways, roadways and (1) Delay, loss of use or loss of other paved surfaces; market; or if abrupt collapse is caused by a Cause of Loss listed (2) Loss p business income e ex- in Paragraphs (3)(b)(i) through caltra expense except as sperage Pally provided in this Coverage (3)(b)(IV} above, we will pay Part. for loss or damage to that property only if: c. Dishonesty (i) Such loss or damage is Dishonest or criminal act by you, a direct result of the any of your partners, members, abrupt collapse of a officers, managers, employees (in- building or any poffion cluding leased employees), direc- of a building insured un- tors, trustees, authorized represen- der this Coverage Form; tatives or anyone to whom you and entrust the property for any pur- (ii) The property is Covered pose: Property under this Cov- (1) Acting alone or in collusion erage Form. with others; or (a) If personal property (2) Whether or not occurring during abruptly falls down or the hours of employment. caves in and such collapse This exclusion does not apply to is not the result of abrupt acts of destruction by your em- collapse of a building or ployees (including leased employ- any portion of a building, ees), but theft by employees is we will pay for loss or not covered. damage to Covered Property caused by such collapse of This exclusion does not apply to personal property only if: carriers for hire. (i) The collapse of personal d Electrical Damage or Disturbance property was caused by a Cause of Loss listed Artificially generated electrical, in Paragraphs (3)(b)(0 magnetic or electromagnetic en- through (3)(b)(M above; ergy that damages, disturbs or otherwise interferes with any: (ii) The personal property which collapses is inside (1) Electrical or electronic wire, a building; and device, appliance, system or network; or (iii) The personal property which collapses is not (2) Device, appliance, system or of a kind listed in Para- network utilizing cellular or graph (3)(d) above, re- satellite technology. gardless of whether that Electrical, magnetic or electromag- kind of property is con- netic energy includes: sidered to be personal property or real prop- (1) Electrical current, including arc- erty. ing; (f) This Abrupt Collapse Addi- (2) Electrical charge produced or tional Coverage does not conducted by a magnetic or apply to personal property electromagnetic field; that has not abruptly fallen (3) Pulse of electromagnetic en- down or caved in, even if ergy; the personal property shows evidence of cracking, bulg- (4) Electromagnetic waves or mi- ing, sagging, bending, lean- crowaves. ing, settling, shrinkage or expansion. DX T1 DD 11 12 0 2011 The Travelers Indemnity Company. All rights reserved. Page 23 of 38 Includes copyrighted material of Insurance Services Office, Inc. with its permission. I But if fire results, we will pay for erty that causes it to damage the loss or damage caused by that or destroy itself; fire. (3) Smog; This Exclusion does not apply to loss or damage to "electronic data (4) Settling, cracking, shrinking, processing equipment' or "elec- bulging or expansion; tronic data processing data and (5) Nesting or infestation or dis- media". charge or release of waste e. Explosion products or secretions, by in- sects, birds, rodents or other Explosion of steam boilers, steam animals; generators, steam pipes, steam engines or steam turbines owned (5) Mechanical breakdown, includ- or leased by you, or operated un- ing rupture or bursting caused der your control. by centrifugal force. But if me- chanical breakdown results in But if explosion of steam boilers, elevator collision, we will pay steam generators, steam pipes, for the loss or damage caused steam engines, or steam turbines by that elevator collision. results in fire or combustion ex- plosion, we will pay for the loss This Exclusion does not apply or damage caused by that fire or to loss or damage to "elec- combustion explosion. We will tronic data processing equip- also pay for loss or damage ment" or "electronic data proc- caused by or resulting from the essing data and media"; explosion of gases or fuel within (7) The following causes of loss the furnace of any fired vessel or to personal property: within the flues or passages through which the gases of com- (a) Dampness or dryness of bustion pass. atmosphere; f. Exposed Property (b) Changes in or extremes of Rain, snow, sand, dust, ice or temperature; sleet to personal property in the (c) Changes in flavor, color, open (other than to property in the texture or finish; custody of a carrier for hire). Freezing (d► Contamination by other than 9• g "pollutants"; and Water, other liquids, powder or molten material that leaks or (e) Marring or scratching. flows from plumbing, heating, air But if an excluded cause of loss conditioning, ventilation or other that is listed in Paragraphs (1) equipment (except fire protective through (7) above results in any of systems) caused by or resulting the "specified causes of loss" or from freezing, unless: building glass breakage, we will ( pay for the loss or damage caused 1) You do your best to maintain by such "specified causes of loss" heat in the building or struc- or building glass breakage. ture; or Also, if an excluded cause of loss (2) You drain the equipment and listed in Paragraphs (1) through (5) shut off the supply if the heat or (7) above results in mechanical is not maintained. breakdown of "electronic data h. Liquid Seepage or Leakage processing equipment", we will pay for the loss or damage caused Continuous or repeated seepage or by that mechanical breakdown of leakage of water or other liquid, "electronic data processing equip- or the presence or condensation of ment". humidity, moisture or vapor that occurs over a period of 14 days P• Pollution or more. Discharge, dispersal, seepage, mi- i. Other Types of Losses gration, release or escape of "pol- lutants" unless the discharge, dis- (1) Wear and tear; persal, seepage, migration, release (2) Rust, or other corrosion, decay, or escape is itself caused by any deterioration, hidden or r latent of the specified causes of loss". defect at any quality prop- But if the discharge, dispersal, seepage, migration, release or Page 24 of 38 ® 2011 The Travelers Indemnity Company. All rights reserved DX T1 00 11 12 Includes copyrighted material of Insurance Services Office, Inc. with its permission. escape of "pollutants" results in If an excluded cause of loss that any of the "specified causes of is listed in 3.c. above results in a loss", we will pay for the loss or Covered Cause of Loss, we will damage caused by such "specified pay for the resulting loss or dam- causes of loss". age caused by that Covered Cause k. Smoke, Vapor or Gas of Loss. But we will not pay for: Smoke, vapor or gas from agricul- (1) Any cost of: tural smudging or industrial opera- (a) Correcting or making good tions. the fault, inadequacy or de- This exclusion does not apply to feet itself; or emissions or puff backs of smoke, (b) Tearing down, tearing out, soot, fumes or vapors from a repairing or replacing any boiler, furnace or related equip- part of any property to tor- ment. rect the fault, inadequacy or I. Voluntary Parting defect; Voluntary parting with any prop- except as specifically provided erty by you or anyone else to under the Water or Other Sub- whom you have entrusted the stance Loss - Tear Out and property. Replacement Expense Additional Coverage; or This Exclusion does not apply to insurance provided under this Cov- (2) Any resulting loss or damage erage Form for personal property by a Covered Cause of Loss to in transit if the loss to Covered the property that has the fault, Property is caused by your accep- inadequacy or defect until the tance, in good faith, of false bills fault inadequacy or defect is of lading or shipping receipts. corrected. 3. We will not pay for loss or damage 4. Special Exclusions caused by or resulting from any of The following exclusions apply only the following, 3.a. through 3.c., but if with respect to the specified coverage an excluded cause of loss that is or property. listed in 3.a and 3.b. below results in a Covered Cause of Loss, we will pay a. Accounts Receivable for the loss or damage caused by Under the Accounts Receivable that Covered Cause of Loss. Coverage Extension, we will not a. Weather conditions. But this exclu- pay for sion only applies if weather condi- (1) Loss or damage caused by or tions contribute in any way with a resulting from bookkeeping, ac- cause or event excluded in C.1. counting or billing errors or above to produce the loss or omissions; damage. b. Acts or decisions, includingthe (2) Any loss damage that re- quires an audit of records or failure. to act or decide, of any an inventory computation to person, group, organization or prove its factual existence; or governmental body except as pro- vided in the Additional Coverage - (3) Loss or damage caused by or Ordinance or Law Coverage. resulting from alteration, falsi- G Fault inadequate or defective: fication, concealment or de- Y, q struction of records of ac- (1) Planning, zoning, development, counts receivable done to con- surveying, siting; ceal wrongful giving, taking or withholding of money, securi- (2) Design, specifications, work- ties or other property. But this manship, repair, construction, exclusion only applies to the renovation, remodeling, grading, wrongful giving, taking or with- compaction; holding. (3) Materials used in repair, con- b. Valuable Papers and Records struction, renovation or remod- We will not pay for any loss of eling; or or damage to "valuable papers and (4) Maintenance; records" caused by or resulting of part or all of any property on from the following. In addition, we will not pay for any loss that is a or off the described premises. DX TI 00 11 12 ® 2011 The Travelers Indemnity Company. All rights reserved Page 25 of 38 Includes copyrighted material of Insurance Services Office, Inc. with its permission. consequence of such loss or dam- your system is connected age. or on which your system (1) Unauthorized viewing, copying depends (including the elec- tronic data in such system or use of electronic data (or or network). But if errors or any proprietary or confidential deficiency in design, instal- information or intellectual lation, maintenance, repair property in any form) by any or modification of your person, even if such activity is electronic data processing characterized as theft; system or any electronic (2) Errors or omissions in process- data processing system or ing or copying. But if errors or network to which your sys- omissions in processing or tem is connected or on copying results in fire or ex- which your system depends plosion, we will pay for the (including the electronic data resulting loss or damage in such system or network) caused by that fire or explo- results in any of the sion; or "specified causes of loss" or results in mechanical (3) Unauthorized instructions to breakdown of "electronic transfer property to any person data processing equipment', or place. we will pay for the loss or G Electronic Data Processing Equipmentdamage caused by that"specified cause of loss" or and Electronic Data Processing Data mechanical breakdown of and Media "electronic data processing (1) We will not pay for loss of or equipment'; or damage to "electronic data (d) Unexplained or indetermin- processing equipment', any able failure, malfunction or other programmable electronic slowdown of any electronic machines, "electronic data data processing system or processing data and media" or network, including the eiec- other electronic data caused by tronic data in such system or resulting from the following. or network, and the inability In addition, we will not pay for to access or properly ma- any loss that is a consequence nipulate the electronic data. of such loss or damage. (2) We will not pay for loss of or (a) Programming errors, omis- damage to "electronic data sions or incorrect instruc- processing data and media" or tions to a machine. But if other electronic data while be- programming errors, omis- ing sent electronically. In addi- sions or incorrect instruc- tion, we will not pay for any tions to a machine result in loss that is a consequence of any of the "specified such loss or damage. causes of loss" or result in mechanical breakdown of 5. Additional Exclusion "electronic data processing equipment", we will pay for The following exclusion applies the loss or damage caused only to loss or damage to the by that "specified cause of specified property and to loss that loss" or mechanical break- is a consequence of such loss or down of "electronic data damage to the specified property. processing equipment'; Loss or Damage to Products (b) Unauthorized viewing, copy- We will not pay for loss of or ing or use of "electronic damage to any merchandise, goods data processing data and or other product caused by or re- media" by any person, even sulting from error or omission by if such activity is character- any person or entity (including ized as theft; those having possession under an in deficiency in de- arrangement where work or a por- (Cl Errors tion of the work is outsourced) in Hance, repair or modifica sign, installation, m fica- any stage of the development, - tion of your electronic data production or use of the product, processing system or any including planning, testing, proc- electronic data processing essing, packaging, installation, system or network to which maintenance or repair. This exclu- sion applies to any effect that Page 26 of 38 0 2011 The Travelers Indemnity Company. All rights reserved. DX TI 00 11 12 Includes copyrighted material of Insurance Services Office, Inc. with its permission. compromises the form, substance, described premises on the basis or quality of the product. But, if of unauthorized instructions. such error or omission results in a Covered Cause of Loss, we will f. Trees, shrubs, plants or lawns on pay for the loss or damage caused a vegetative roof or "stock" of by that Covered Cause of Loss. outdoor trees, shrubs and plants D. LIMITATIONS caused by or resulting from: (1) The following limitations apply to all sp or dryness of at- here; coverage forms and endorsements unless otherwise stated. (2) Changes in or extremes of 1. We will not pay for loss of or dam- temperature; or age to property, as described and lim- (3) Rain, snow, sand, dust, ice or ited in this section. In addition, we sleet. will not pay for any loss that is a 2. The special limit shown for each consequence of loss or damage as category, a. through C is the total described and limited in this section. limit for loss of or damage to all a. Steam boilers, steam pipes, steam property in each category. The special engines or steam turbines caused limit applies to any one occurrence of by or resulting from any condition theft, regardless of the types or num- or event inside such equipment. ber of articles that are lost or dam- But we will pay for loss of or aged in that occurrence. The special damage to such equipment caused limits are: by or resulting from an explosion a. $25,000 for furs, fur garments and of gases or fuel within the furnace garments trimmed with fur. of any fired vessel or within the flues or passages through which b. $25,D00 for jewelry, watches, the gases of combustion pass, watch movements, jewels, pearls, b. Hot water boilers or other water precious and semi-precious stones, heating equipment caused by or bullion, gold, silver, platinum and resulting from any condition or other precious alloys or metals, event inside such boilers or but; equipment, other than an explosion. (1) This limit is increased to c. The "interior of a building or $50,000 for gold, silver, plati- structure", or to personal property num, and other precious alloys in the building or structure, caused or metals used as a raw mate- by or resulting from rain, snow, vial in your manufacturing proc- sleet, ice, sand or dust, whether ess; and driven by wind or not, unless: (Z) This limit does not apply to (1) The building or structure first jewelry and watches worth sustains damage by a Covered $100 or less per item. Cause of Loss to its roof or C. $5,D00 for stamps, tickets (includ- walls through which the rain, ing lottery tickets held for sale) snow, sleet, ice, sand or dust and letters of credit, enters; or These special limits are part of, not (2) The loss or damage is caused in addition to, the Limit of Insurance by or results from thawing of applicable to the Covered Property. snow, sleet or ice on the build- 3. If the building where loss or damage build- ing or structure. g occurs has been "vacant" for a period d. Property that is missing, where the of more than 60 consecutive days be- only evidence of the loss or dam- fore that loss or damage occurs: age is a shortage disclosed on taking inventory, or other in- a We will not pay for any loss or stances where there is no physical damage caused by any of the fol- evidence to show what happened lowing even if they are Covered to the property. Causes of Loss: This limitation does not apply to (1) Vandalism; property in the custody of a car- (Z) Sprinkler leakage, unless you ner for hire. have protected the system e. Property that has been transferred against freezing; to a person or place outside the (3) Building glass breakage; DX T1 00 11 12 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 27 of 38 Includes copyrighted material of Insurance Services Office, Inc. with its permission. (4) Water damage; F. DEDUCTIBLE (5) Theft; or We will not pay for loss or damage in (61 Attempted theft. any one occurrence until the amount of p loss or damage exceeds the applicable b. With respect to Covered Causes of Deductible shown in the Declarations. We Loss other than those listed in a.0) will then pay the amount of loss or through a.(6) above, we will reduce damage in excess of the applicable the amount we would otherwise Deductible, up to the applicable Limit of pay for the loss or damage by Insurance. 15%. Unless otherwise stated, if more than I- LIMITS OF INSURANCE one deductible amount applies to loss or damage in any one occurrence, the total The most we will pay for loss or dam- of the deductible amounts applied in that age in any one occurrence is the applica- occurrence will not exceed the amount of ble Limit of Insurance shown in the Dec- the largest applicable deductible. larations, Schedules, Coverage Form(s), or G. LOSS CONDITIONS Endorsement(s). Payments under: The following conditions apply in addi- tion to the Common Policy Conditions - 1. The following Additional Coverages: Deluxe: a. Fire Department Service Charge; 1. Abandonment b. Fire Protective Equipment Dis- There can be no abandonment of any charge; property to us. r- Limited Coverage for Fungus, Wet 2. Appraisal Rot or Dry Rot; If we and you disagree on the value d. Stored Water,• and of the property or the amount of loss, either may make written demand C. Water or Other Substance Loss - for an appraisal of the loss. In this Tear Out and Replacement Expense; event, each party will select a compe- and tent and impartial appraiser. The two appraisers will select an umpire. If 2. The following Coverage Extensions: they cannot agree, either may request a Covered Leasehold Interest - Un- that selection be made by a judge of damaged Improvements and Bet- a court having jurisdiction. The 9 P appraisers will state separately the terments; and value of the property and amount of b. Theft Damage To Rented Property- loss. If they fail to agree, they will submit their differences to the umpire. are included in and do not increase the A decision agreed to by any two will applicable Limits of Insurance. be binding. Each party will: Payments under the Debris Removal Ad- a. Pay its chosen appraiser; and ditionaf Coverage and the Preservation of Property Additional Coverage are included b. Sear the other expenses of the in the applicable Covered Property appraisal and umpire equally. Limit(s) of Insurance and/or are additional If there is an appraisal, we will still insurance, as described in the Debris Re- retain our right to deny the claim. moval Additional Coverage in Section A.3.a. and the Preservation of Property 3. Duties in the Event ®f Less or Damage Additional Coverage in Section A.3.j. a. You must see that the following Payments under the Electronic Data Proc- are done in the event of loss of essing Data and Media Coverage Exten- or damage to Covered Property: sion are included in the applicable Cov- ered Property Limits) of Insurance and/or (i) havebeen broken. Notify the police if a law may are additional insurance, as described in have the Electronic Data Processing Data and (2) Give us prompt notice of the Media Coverage Extension in Section loss or damage. Include a de- A.4.g. scription of the property in- The remaining Additional Coverages in volved. Section A.3. and the remaining Coverage (3) As soon as possible, give us a Extensions in Section A.4. are additional description of how, when, and insurance. where the loss or damage oc- curred. Page 28 of 38 ® 2011 The Travelers Indemnity Company. All rights reserved DX T1 00 11 12 Includes copyrighted material of Insurance Services Office, Inc- with its permission. (4) Take all reasonable steps to (1) Pay the value of lost or dam- protect the Covered Property aged property; from further damage, and keep a record of your expenses nec- (2) Pay the cost of repairing or essary to protect the Covered replacing the lost or damaged Property, for consideration in property subject to b., c., d. and the settlement of the claim. e. below; This will not increase the Limit (3) Take all or an of Insurance. However, we will Y part of the property at an agreed or not pay for any loss or dam- age resulting from a cause of appraised value; or loss that is not a Covered (4) Repair, rebuild, or replace the Cause of Loss. Also, if feasi- property with other property of ble, set the damaged property like kind and quality subject to aside and in the best possible b., c., d. and e. below. order for examination. b. A party wall is a wall that sepa- (5) At our request, give us com- rates and is common to adjoining plete inventories of the dam- buildings that are owned by dif- aged and undamaged property. ferent parties. In settling covered Include quantities, costs, values losses involving a party wall, we and amount of loss claimed. will pay a proportion of the loss (6) As often as may be reasonably to the party wall based on your required, permit us to inspect interest In the wall in proportion the property and records prov- to the interest of the owner of ing the loss or damage and ex- the adjoining building. However, if amine your books and records, you elect to repair or replace your building and the owner of the Also permit us to take samples adjoining building elects not to of damaged and undamaged repair or replace that building, we property for inspection, testing will pay you the full value of the and analysis and permit us to loss to the party wall, subject to make copies from your books all applicable Coverage Part provi- and records, sions including Limits of Insur- ance, the Valuation Loss Condition (7) Send us a signed, sworn proof and all other provisions of this of loss containing the informa- Loss Payment Loss Condition. Our tion we request to investigate payment under the provisions of the claim. You must do this this paragraph does not alter any within 60 days after our re- right of subrogation we may have quest. We will supply you with against any entity, including the the necessary forms. owner or insurer of the adjoining (9) Cooperate with us in the inves- building, and does not alter the tigation or settlement of the terms of the Additional Condition claim. - Transfer of Rights of Recovery Against Others To Us in this Cov- (9) You will not, except at your erage Form. own cost, voluntarily make a payment, assume any obliga- c. Except as provided in the Addi- tion, or incur any expense tional Coverage - Ordinance or without our consent except as Law Coverage, the cost to repair, respects to protecting property rebuild or replace does not include from further damage. the increased cost attributable to enforcement of any ordinance or b. We may examine any insured law regulating the construction, under oath, while not in the pres- use or repair of any property. ence of any other insured and at such times as may be reasonably Ill. The following loss payment provi- required, about any matter relating sions are subject to the appor- to this insurance or the claim, in- tionment procedures set forth in eluding an insured's books and re- Additional Coverage - Ordinance or cords. In the event of an examina- Law Coverage: tion, an insured's answers must be The most we will pay, for the to- signed. tal of all covered losses in any 4. Less Payment one occurrence under Coverage A - Coverage For Loss To The Undam- a. In the event of loss or damage aged Portion of the Building, Cov- covered by this Coverage Form, at erage B - Demolition Cost Cover- our option, we will either: DX T1 00 11 12 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 29 of 38 Includes copyrighted material of Insurance Services Office, Inc, with its permission. '... age and Coverage C - Increased (2) Loss payment under Coverage 0 Cost of Construction Coverage, is will be determined as follows: the Combined Limit of Insurance (a} The amount you actual) shown in the Declarations for Y Y Ordinance or Law Coverage. Sub- spend to demolish and clear ject to this Combined Limit of In- the site; or surance, the following loss pay- ment provisions apply: (b) The Combined Limit In- D surance shown in the ecla- (1) For a loss in value of an un- rations for the Additional damaged portion of a building Coverage - Ordinance or to which Coverage A applies, Law Coverage; the loss payment for that un- whichever is less. damaged portion of the build- ing will be determined as fol- (3) Loss payment under Coverage C lows: will be determined as follows: (a) If Replacement Cost Cover- (a) We will not pay under Cov- age applies and the property erage C: is being repaired or re- placed, on the same or an- 6) Until the property is ac- other location, we will not tually repaired or re- pay more than the lesser placed, at the same or of: another location; and (i) The cost to repair, re- (ii) Unless the repairs or re- build or reconstruct the placement are made as undamaged portion of soon as reasonably pos- the building that was sible after the loss or necessarily demolished damage, not to exceed as a consequence of the two years. We may ex- ordinance or law but not tend this period in writ- for more than the ing during the two years, amount it would cost to (b} If the building is repaired or restore that undamaged replaced at the same loca- portion of the building tion, or if you elect to re- on the same location build at another location, and to the same height, the most we will pay under floor area, style and Coverage C is the lesser of: comparable quality of the original property in- (1) The increased cost of sured; or construction at the same (iil The Combined Limit of location; or Insurance shown in the (ii) The Combined Limit of Declarations for the Ad- Insurance shown in the ditional Coverage - Ordi- Declarations for the Ad- nance or Law Coverage. ditional Coverage - Ordi- (6} If Replacement Cost Cover- nance or Law Coverage. age applies and `ihe property (c) If the ordinance- or law re- is not repaired or replaced, quires relocation to another or if Replacement Cost location, the most we will Coverage does not apply, pay under Coverage C is the we will not pay more than lesser of: the lesser of: (i) The increased cost of (i) The Actual Cash Value at construction at the new the time of loss of the location; or undamaged portion of the building that is re- (ii) The Combined Limit of quired to be demolished Insurance shown in the as a consequence of the Declarations for the Ad- ordinance or law, or ditional Coverage - Ordi- nance or Law Coverage. (ii) The Combined Limit of Insurance shown in the e. Except as specifically provided un- Declarations for the Ad- der the: ditional Coverage - Ordi- (1► Green Building Alternatives - nance or Law Coverage. Increased Cost Additional Cov- erage; and Page 30 of 38 ® 2011 The Travelers Indemnity Company. All rights reserved DX T7 00 11 12 Includes copyrighted material of Insurance Services Office, Inc. with its permission. (2) Green Building Reengineering a We will pay: and Recertification Expense Ad- ditional Coverage; (1) Recovery expenses; and the cost to repair, rebuild or re- (2) Costs to repair the recovered place does not include any cost property; incurred to reattain a pre-loss b. But the amount we will pay will level of "green building" certifica- not exceed: tion from a "Green Authority". f. With respect to our options listed (1} The total of a(1} and a{2} in 4.a(1) through 4.a.(4) above, we above; will give notice of our intentions (2) The value of the recovered within 30 days after we receive property; or the proof of loss. {3} The Limit of Insurance; g. We will not pay you more than whichever is less. your financial interest in the Cov- ered Property. 6. Valuation b. We may adjust losses with the We will determine the value of Cov- owners of lost or damaged prop- ered Property in the event of loss or erty if other than you. If we pay damage as follows: the owners, such payments will satisfy your claims against us for a At replacement cost as of the the owner's property. We will not time of loss or damage, except as pay the owners more than their fi- otherwise provided in this Valua- nancial interest in the Covered tion Loss Condition. Replacement Property. cost is the cost to replace Cov- ered Property at the time of loss L We may elect to defend you or damage without deduction for against suits arising from claims depreciation. of owners of property. We will do this at our expense. (1) You may make a claim for loss or damage covered by this in- We will pay for covered loss or surance on an actual cash value damage within 30 days after we basis instead of on a replace- receive the sworn proof of loss, ment cost basis. In the event if: you elect to have loss or dam- (1) You have complied with all of age settled on an actual cash the terms of this Coverage value basis, you may still make Part; and a claim on a replacement cost basis if you notify us of your (2) (a) We have reached agreement intent to do so within 180 days with you on the amount of after the loss or damage. loss; or (2) We will not pay on a replace- (b) An appraisal award has ment cost basis for any loss been made. or damage: It. At our option, we may make a (a) Until the lost or damaged partial payment toward any claims, property is actually repaired subject to the policy provisions or replaced; and and our normal adjustment proc- ess. To be considered for a partial {b) Unless the repairs or re- claim payment, you must submit a placement are made as partial sworn proof of loss with soon the loss or damage. as reasonably possible after th supporting documentation. Any ap- plicable policy deductibles must be Instead, we will pay on an ac- satisfied before any partial pay- tual cash value basis. This re- ments are made. striction does not apply to 5. Recovered Property losses less than $10,DDD. If either you or we recover any prop- (3) We will not pay more for loss erty after loss settlement, that party or damage n a replacement must give the other prompt notice. At cost basis than the least of (a), your option, the property will be re- (b), or (c), subject to (4) below: turned to you. You must then return (a) The Limit of Insurance ap- to us the amount we paid to you for plicable to the lost or dam- the property. aged property; DX T1 00 11 12 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 31 of 38 Includes copyrighted material of Insurance Services Office, Inc. with its permission. (b) The cost to replace, at the if the lost electronic data is same premises, the lost or actually copied. damaged property with other property; The restoration of "electronic data processing data and media" for (i) Of comparable material which duplicates do not exist is and quality; and provided under the Electronic Data Processing Data and Media Cover- 00 Used for the same pur- age Extension. pose; or d. Tenant's improvements and bet- (C) The amount you actually terments at: spend that is necessary to repair or replace the lost or (1) Replacement cost of the lost damaged property. or damaged property if it is actually repaired or replaced as If a building is rebuilt at a dif- soon as reasonably possible. ferent premises, the cost de- scribed in (b) above is limited (2) A proportion of your original to the cost which would have cost if you do not make re- been incurred had the building pairs as soon as reasonably been built at the original prem- possible. We will determine the ises. proportionate value as follows: (4) The cost to repair, rebuild, or (a) Multiply the original cost by replace does not include the the number of days from increased cost attributable to the loss or damage to the enforcement of any ordinance expiration of the lease; and or law regulating the construc- (b) Divide the amount deter- o p use repair of any mined in (a) above b the property, erty, except pt provided in number of days from the the Additional Coverage - Ordi- y nance or Law Coverage. installation of improvements to the expiration of the b. "Electronic data processing equip- lease. ment" will be valued at replace- It your lease contains a re- plac coste of loss, in accordance with of the time and newal option, the expiration of plac the replacement cost provisions the renewal option period will contained in this Valuation Loss replace the expiration of the Condition. However, if replacement lease in this procedure. of "electronic data processing (3) Nothing if others pay for re- equipment" with comparable prop- pairs or replacement. erty is impossible, the replacement cost will be the cost of items that e. Personal property you have sold are similar to the damaged or de- but not delivered at the selling stroyed equipment and intended to price less discounts and expenses perform the same function, but you otherwise would have had. which may include technological f. Personal property of others at the advances. lesser of: In no event will the value deter- mined for- (1) The valuation of such property f it were owned by you; or (1) "Electronic data processing (2) The amount for which you are equipment" owned by others contractual Gee ) liable, not to ex- you are liable; or p exceed the amount for which d the replacement cost. (2) "Electronic data processing g• "Stock" in process at the cost of equipment" that is obsolete or raw materials and labor, plus the no longer used by you exceed proper proportion of overhead the actual cash value of such charges. equipment at the time of loss. h. Finished "stock" you manufacture c. "Electronic data processing data at: and media" will be valued at: (1) The selling price, if no loss or (1) The cost of blank media; and damage occurred; (2) The cost of labor to copy the (2) Less discounts and expenses electronic data from a duplicate you otherwise would have had. of the electronic data, but only Page 32 of 38 ® 2011 The Travelers Indemnity Company. All rights reserved DX T7 00 11 12 Includes copyrighted material of Insurance Services Office, Inc. with its permission. I. Personal property in transit at: (3) The cost of replacing that (1) (a) The amount of invoice; or property with substantially the same property. (b) In the absence of an in- m, Personal property at "exhibitions" voice, the least of the fol- at the lesser of replacement cost lowing: or the original cost to you. (i) The value of the Cov- n. Patterns, dies, molds, and forms ered Property; not in current usage at actual cash (ii) The cost of reasonably value. If loss is paid on an actual restoring that property cash value basis, and within 24 to its condition immedi- months from the date of the loss ately before loss or you need to repair or replace one damage; or or more of them, we will pay you, subject to the conditions of this (iii) The cost of replacing insurance, the difference between that property with sub- actual cash value and replacement stantially the same prop- cost for those patterns, molds and erty; dies which are actually repaired or plus replaced. (2) The amount of any prepaid o. Personal property valuation in- freight charges and other ship- cludes the pro-rated value of non- ping costs or charges that are refundable and non-transferable ex- incurred while the property is tended warranties, maintenance in transit. contracts or service contracts that you purchased, on lost or damaged j: Glass at: personal property that you repair or replace. This applies only when (1) The cost of replacement with the extended warranty, mainte- safety glazing material if re- nance contract or service contract quired by law; is voided due to the loss or dam- plus age to the personal property. (2) The amount of reasonable ex- p• If branded or labeled merchandise penses incurred to put up tem- that is Covered Property is dam- porary plates or board up aged by a Covered Cause of Loss openings if repair or replace- and we take all or part of the ment of the damaged glass is property at an agreed or appraised delayed. value, we will pay, subject to the Limit of Insurance that applies to k. "Valuable papers and records" at the damaged property: the cost of: (1) The reasonable expenses you (1) Blank material for reproducing incur to: the records; and (a) Stamp the word Salvage on (2) Labor to transcribe or copy re- the merchandise or its con- cords for which duplicates tainers, if the stamp will exist. not physically damage the The restoration of data on "valu merchandise; or able papers and records" for which (b) Remove the brands or duplicates do not exist is provided labels, if doing so will not under the Valuable Papers and Re- physically damage the mer- cords _ Cost of Research Coverage chandise. You must re-label Extension. the merchandise or its con- tainers to comply with the I. Works of arts, antiques law. articles at the least of; (2) The reduction in the salvage (1) The price at which the property value of the damaged merchan- could likely be sold prior to dise with the brand or label loss or damage if offered for removed. sale in a fair market on the date the loss or damage oc- q. If you decide to repair or rebuild curred; buildings which have sustained loss or damage, our payment will (2) The cost of reasonably restor- include any reasonable and neces- ing that property; or sary architectural, engineering, consulting or supervisory fees in- DX T1 00 11 12 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 33 of 38 Includes copyrighted material of Insurance Services Office, Inc. with its permission. curred. This will not increase the lished rate of exchange as of the date applicable Limits of Insurance. of the loss. r. Pairs, sets or parts: 4. Legal Action Against Ds (1) In case of loss to any part of No one may bring a legal action a pair or set we may at our against us under this Coverage Part option: unless: (a) Repair or replace any part a. There has been full compliance to restore the pair or set to with all of the terms of this Cov- its value before the loss; or erage Part; and (b) Pay the difference between b. The action is brought within 2 the value of the pair or set years after the date on which the before and after the loss. direct physical loss or damage oc- (2) In case of loss to any part of curred. Covered Property consisting of 5. Liberalization several parts when complete, If we adopt any revision that would of will only pay for the value broaden the coverage under this Cov- erage Part without additional premium H. ADDITIONAL CONDITIONS within 60 days prior to or during the policy period, the broadened coverage The following conditions apply in addi- will immediately apply to this Cover- tion to the Common Policy Conditions - age Part. Deluxe: 7. Cencealanent, Misrepresentation or Fraud 6. MDrtgagebolders This Coverage Part is void in any a. The term mortgageholder includes trustee. case of fraud by you as it relates to this Coverage Part at any time. It is b. We will pay for covered loss of also void if you or any other insured, or damage to buildings or struc- at any time, intentionally conceal or tures to each mortgageholder misrepresent a material fact concern- shown in the Declarations in their ing: order of precedence, as interests a. This Coverage Part; may appear. b The Covered Property, c. The mortgageholder has the right p y, to receive loss payment even if c. Your interest in the Covered Prop- the mortgageholder has started erty or foreclosure or similar action on the building or structure. ELA claim under this Coverage Part. d. If we deny your claim because of 2. Control of Property your acts or because you have The breach of any condition of this failed to comply with the terms of Coverage Part as a result of act or this Coverage Part, the mortgage- neglect of any person other than you holder will still have the right to beyond your direction or control will receive loss payment if the mort- not affect this insurance. gageholder. The breach of any condition of this (1) Pays any premium due under Coverage Part at any one or more this Coverage Part at our re- locations will not affect coverage at quest if you have failed to do any location where, at the time of so; loss or damage, the breach of condi- (2) Submits a signed, sworn proof tion does not exist. of loss within 60 days after 3. Currency receiving notice from us of your failure to do so; and The amounts used within this Cover- age Part are in the currency of the (3) Has notified us of any change United States of America and all in ownership, occupancy or premium and losses are payable in substantial change in risk United States currency. In the event known to the mortgageholder. of a loss adjustment involving cur- All of the terms of this Coverage rency other than United States cur- Part will then apply directly to the rency, the conversion into United mortgageholder. States currency will be at the pub- Page 34 of 38 ® 2011 The Travelers Indemnity Company. All rights reserved. DX Ti 00 11 12 Includes copyrighted material of Insurance Services Office, Inc. with its permission. e. If we pay the mortgageholder for will not pay more than the appli- any loss or damage and deny cable Limit of Insurance. payment to you because of your f If loss or damage is also covered acts or because you have failed to comply with the terms of this by a service agreement, any Coverage Part: amounts payable for such loss or damage under this Coverage Part (1) The mortgageholder's rights un- will be excess over any amounts der the mortgage will be trans- payable under such agreement. ferred to us to the extent of Service agreement means a service the amount we pay; and plan, property restoration plan, or similar service warranty agree- (2) The InortgagehoIder's right to ment, even if it is characterized as recover the full amount of the insurance. mortgagehoIder's claim will not be impaired. 9. Policy Period Coverage Territory At our option, we may pay to the Under this Coverage Part: mortgageholder the whole principal on the mortgage plus any accrued a We cover loss or damage com- interest. In this event, your mort- mencing: gage and note will be transferred (1) During the policy period shown to us and you will pay your re- in the Declarations; and maining mortgage debt to us. f. (2) Within the Coverage Territory. If we cancel this policy, we will give written notice to the mort- b. Except as otherwise specifically gageholder at least: provided, the Coverage Territory (1) 10 days before the effective is: date of cancellation if we can- (1) The United States of America cel for your nonpayment of (including its territories and premium; or possessions); (2) 60 days before the effective (2) Puerto Rico; and date of cancellation if we can- (3) Canada. cel for any other reason. g. If we elect not to renew this pol- 1 O. Transfer of Rights of Recovery Against icy, we will give written notice to Others to Us the mortgageholder at least 60 If any person or organization to or days before the expiration date of for whom we make payment under this policy. this Coverage Part has rights to re- 7. No Benefit to Bailee cover damages from another, those rights are transferred to us to the No person or organization, other than extent of our payment. That person or you, having custody of Covered Prop- organization must do everything nec- erty will benefit from this insurance. essary to secure our rights and must 8 Other Insurance do nothing after loss to impair them. But you may waive your rights a You may have other insurance sub- against another party in writing: ject to the same plan, terms, con- a Prior to a loss under this Cover- ditions and provisions as the in- age Part. surance under this Coverage Part. If you do, we will pay our share b. After a loss under this Coverage of the covered loss or damage. Part only If, at time of loss, that Our share is the proportion that party is one of the following: the applicable Limit of Insurance under this Coverage Part bears to (1) Someone insured by this insur- the Limits of Insurance of all in- ante; surance covering on the same (2) A business firm: basis. b. If there is other insurance covering (a) Owned or controlled by the same loss or damage, other You; or than that described in Paragraph a. (b) That owns or controls you; above, we will pay only for the or amount of covered loss or damage in excess of the amount due from (3) Your tenant. that other insurance, whether you This will not restrict your insurance. can collect on it or not. But we DX T7 00 11 12 ® 2011 The Travelers Indemnity Company. All rights reserved Page 35 of 38 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 11. Unintentional Errors In Description J. DEFINITIONS Your error in how you describe the 1. "Electronic Data Processing Data and he- address of a location in the Location dia" means the following: Schedule shall not prejudice coverage afforded by this policy, provided such a "Electronic data processing data error is not intentional. Any such and media" means: error shall be reported and corrected when discovered and appropriate pre- (1) Data stored created used mium charged. on, u transmitted to orr from computer software (including 1. OPTIONAL COVERAGES systems and applications soft- ware) on electronic data proc- If shown as applicable in the Declara- essing recording or storage tions, the following Optional Coverages media such as hard or floppy apply separately to each item. disks, CDs, DVDs, flash mem- 1. Actual Cash Value replaces the term ory, tapes, drives, cells, data Replacement Cost where used in the processing devices or any Valuation Loss Conditions in Section other repositories of computer G.6. of this Coverage Form. software which are used with electronically controlled- equip- 2. Inflation Guard ment; a, The Limit of Insurance for prop- (2) The electronic media on which erty to which this Optional Cover- the data is stored; and age applies will automatically in- crease by the annual percentage (3} Programming records and in- shown in the Declarations, structions used with "electronic data processing equipment". b. The amount of increase will be: b. "Electronic data processing data (1) The Limit of insurance that and media" does not mean: applied on the most recent of the policy inception date, the (1) Prepackaged software; policy anniversary date, or any (2) Property that you manufacture other policy change amending or hold for sale; or the Limit of Insurance; times (3) Property that is licensed, (2) The percentage of annual in- leased, or rented to others. crease shown in the Declara- tions, expressed as a decimal 2. "Electronic Data Processing Equipment" (example: 8% is .08); times means the following: (3) The number of days since the a. "Electronic data processing equip- beginning of the current policy ment" means any of the following year or the effective date of equipment used in your data proc- the most recent policy change essing operations: amending the Limit of Insur- (1) Electronic data processing ante, divided by 365. equipment, facsimile machines, Example: word processors, multi- If: functional telephone equipment and laptop and portable com- The applicable Limit of Insur- puters; and ante is: $100,000 (2) Any component parts or pe- ripherals of such equipment, in- The annual percentage increase cluding related surge protection is: 8% devices. The number of days since the b. "Electronic data processing equip- beginning of the policy year (or ment" does not mean: last policy change) (1) Property that is in the course is: 146 of manufacture, or held for sale or distribution by you; The amount of the increase is: $100,000 x .08 x 1461365 = (2) Property that is leased or $3,200 rented to others; or (3) Equipment that is used to con- trol or operate production-type machinery or equipment. Page 36 of 38 ® 2011 The Travelers Indemnity Company. All rights reserved DX T1 00 11 12 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 3. "Employee Tools" means tools and or vehicles; riot or civil commotion; equipment owned by your employees vandalism; leakage from fire extin- and used in your business operations. guishing equipment; "sinkhole col- lapse"; volcanic action; falling objects 4. "Exhibition' means the temporary dis- as limited below, weight of snow, ice play of personal property at a con- or sleet; "water damage", all only as vention, exposition, trade show or otherwise insured against in this Cov- similar event at a location you do not erage Part. own or regularly occupy. 5. "Fine Arts" means paintings, etchings, Falling objects does not include loss or damage to: pictures, tapestries, art glass win- dows, valuable rugs, statuary, mar- a. Personal property in the open; or bles, bronzes, antique furniture, rare b The "interior of a building or books, antique silver, manuscripts, structuret or property inside a porcelains, rare glass, bric-a-brac and building or structure, unless the similar property of rarity, historical value, or artistic merit. roof or an exterior wall of the building or structure is first dam- 6. "Fungus" means any type or form of aged by a falling object. fungus, including mold or mildew, and When the Causes of Loss - Earthquake any mycotoxins, spores, scents, or endorsement, Causes of Loss - Earth- by-products produced or released by quake Sprinkler Leakage endorsement fungi. or Causes of Loss - Broad Form 7. "Green" means products, materials, Flood endorsement is included in this methods and processes that conserve Coverage Part, "specified causes of natural resources, reduce energy or loss" also includes such cause of water consumption, avoid toxic or loss, but only to the extent such other polluting emissions or otherwise cause of loss is insured against under minimize the environmental impact, this Coverage Part. 8. "Green Authority' means a recognized 13. "Stock" means merchandise held in authority on "green" building or storage or for sale, raw materials and "green" products, materials or proc- in-process or finished goods, includ- esses. ing supplies used in their packing or 9. "Interior of a Building or Structure" shipping. means any portion of a building or 14. "Territorial Waters" means that portion structure that is within the exterior- of the sea which is immediately adja- facing surface material of the building cent to the shores of any country and or structure. over which the sovereignty and exclu- sive jurisdiction of that country ex- 10. "Pollutants" means any solid, liquid, tends, but not exceeding 12 nautical gaseous or thermal irritant or con- miles from the mean low-water mark taminant, including smoke, vapor, of the shore of that country. soot, fumes, acids, alkalis, chemicals, waste and any unhealthful or hazard- 15. "Vacant" means the following: ous building materials (including but a. When this policy is issued to a not limited to asbestos and lead tenant, a building is "vacant" when products or materials containing lead). it does not contain enough busi- Waste includes materials to be recy- cled, reconditioned or reclaimed. ness personal property to conduct customary operations.. With respect 11. "Sinkhole Collapse" means the sudden to tenant's interest in Covered sinking or collapse of land into un- Property, building means the unit derground empty spaces created by or suite rented or leased to the the action of water on limestone or tenant. dolomite. b. When this policy is issued to the This cause of loss does not include: owner or general lessee of a buil ,(1) The cost of filling sinkholes; or uunleslsgat aleast 131% of itsacant total (2) Sinking or collapse of land into square footage is: man made underground cavities. (1) Rented to a lessee or sub- 12. "Specified Causes of Loss` means the lessee and used by the lessee following: Fire; lightning; explosion; or sublessee to conduct its windstorm or hail; smoke (including customary operations; and/or the emission or puff back of smoke, (2) Used by the building owner to soot, fumes or vapors from a boiler, conduct customary operations. furnace or related equipment); aircraft DX Ti 00 11 12 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 37 of 38 Includes copyrighted material of Insurance Services Office, Inc with its permission With respect to the owner or gen- b. Accidental discharge or leakage of eral lessee's interest in Covered water as the direct result of the Property, building means the entire breaking apart or cracking of a building. water or sewer pipe that is C. A building under construction or located off the described prem- renovation is not considered "va- ises, if the breakage or cracking is cant'. caused by wear and tear. This provision serves as an exception 16. "Valuable Papers and Records" means in- to the wear and tear exclusion un- scribed, printed or written documents, der the Other Types of Losses Ex- manuscripts or records, including ab- clusion in Section (C.2.i.). But water stracts, books, deeds, drawings, films, damage does not include loss or maps and mortgages. damage otherwise excluded under the terms of the Water Exclusion But "Valuable papers and records" (C 1 I) does not mean: a. Accounts receivable; b. Money or securities; or C "Electronic data processing data and media" or any other data that exists on electronic media. 17. "Dater age" means: a Accidental discharge or leakage of water or steam as the direct result of the breaking apart or cracking of a plumbing, heating, air condi- tioning or other system or appli- ance (other than a sump system including its related equipment and parts) that is located on the de- scribed premises and contains wa- ter or steam; and Page 38 of 38 ® 2011 The Travelers Indemnity Company. All rights reserved. DX T1 00 11 12 Includes copyrighted material of Insurance Services Office, Inc. with its permission. DELUXE BUSINESS INCOME EXTRA EXPENSE) COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this in- surance. Other words and phrases that appear in quotation marks have special meaning. REFER TO SECTION G. - DEFINITIONS in this Coverage Form and SECTION J. - DEFINITIONS in the Deluxe Property Coverage Form. A. COVERAGE For manufacturing risks, Net In- come includes the net sales value We will pay for: of production. ® The actual loss of Business Income b. The coverage provided for Busi- you sustain due to the necessary ness Income is based on the entry "suspension" of your "operations" shown in the Declarations for during the "period of restoration"; "Rental Value". When: and Expense you incur (1) Included is shown, the term • The actual Extra Ex P y Business Income includes during the "period of restoration"; "Rental Value caused by direct physical loss of or damage to property at premises which (2) Excluded is shown, the term are described in the Declarations and for Business Income excludes which a Business Income and Extra Rental Value'; Expense Limit of Insurance is shown in (3) Only is shown, the term Busi- the Declarations. The loss or damage ness Income means "Rental must be caused by or result from a Value" only. Covered Cause of Loss. With respect to loss of or damage to personal property If Limits of Insurance are shown in the open or personal property in a under more than one of the above vehicle, the described premises include options, the provisions of this the area within 1,000 feet of the site at Coverage Part apply separately to which the described premises are each. located. 2. Extra Expense With respect to the requirements set Extra Expense means reasonable and forth in the preceding paragraph, if you necessary expenses described in a., b. occupy only part of the site at which and c. below that you incur during the the described premises are located, your premises means: "period of restoration" and that you would not have incurred if there had ® The portion of the building which you been no direct physical loss of or rent, lease or occupy; and damage to property caused by or resulting from a Covered Cause of • Any area within the building or on Loss: the site at which the described prem- ises are located, if that area services, a. Expenses to avoid or minimize the or is used to gain access to, the de- "suspension" of business and to scribed premises. continue "operations" at: 1. Business Income (1) The described premises; or a Business Income means the sum (2) Replacement premises or tem- of the: porary locations, including: (1) Net Income (Net Profit or Loss (a) Relocation expenses; and before income taxes) that (b) Costs to la equip and operate would have been earned or in- the replacement premises or curred; plus temporary locations; (2) Continuing normal operating b. Expenses to minimize the "sus- expenses incurred, including pension" of business if you can- payroll. not continue "operations"; or DX T1 01 11 12 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 13ii Includes copyrighted material of Insurance Services Office, Inc. with its permission. C. Expenses to repair or replace b. Business Income From Dependent property, but only to the extent Property the amount of loss that otherwise would have been payable under (1) We will pay for. this Coverage Form is reduced. (a) The actual loss of Business 3. Covered Causes of Loss Income you sustain due to the necessary "suspension" Covered Causes of Loss means RISKS of your "operations" during OF DIRECT PHYSICAL LOSS unless the "period of restoration"; the loss is excluded or limited in: and a. Section C. Exclusions or Section D. (b) The actual Extra Expense Limitations of the Deluxe Property you incur during the "period Coverage Form; or of restoration"; b. Section B. Exclusions and Limita- caused by direct physical loss tion of this Coverage Form; or of or damage to property at c. In the Declarations or by en- the premises of a "dependent dorsement. property" located anywhere in the world provided that no 4. Additional Coverages sanction, embargo or similar regulation imposed by the Each of the following Additional Cov- United States of America pro- erages applies subject to the Limit(s) hibits us from covering such of Insurance stated in this Coverage loss. The loss or damage to Form, unless a revised Limit of In- the property must be caused surance or Not Covered is indicated by or result from a Covered in the Declarations or the coverage is Cause of Loss. otherwise amended by endorsement: a. Alterations and New Buildings (2} This Additional Coverage does 4 not apply to "dependent prop- We will pay for the actual loss of erty" for which you have more Business Income you sustain and specific insurance under this or the actual Extra Expense you incur any other policy. due to direct physical loss or (3) The most we will pay in any damage at the described premises one occurrence under this caused by or resulting from a Additional Coverage for loss Covered Cause of Loss to: of Business Income and Extra (1) New buildings or structures, Expense arising out of damage whether complete or under to property at the premises of construction; a "dependent property" located: (2) Alterations or additions to ex- isting buildings or structures; (a) Within the Coverage Terri- and tory is $100,000; and (3) Machinery, equipment, supplies (b) Anywhere in the world out- or building materials located side of the Coverage Terri- on or within 1,000 feet of the tory is $100,000. described premises and: (4) With respect only to the insur- (a) Used in the construction, ante provided under this Addi- alterations or additions; or tional Coverage, the phrase, at the described premises, as used (b) Incidental to the occupancy in the definition of "period of of new buildings. restoration" is deleted and re- If such direct physical loss or placed by the phrase at the damage delays the start of "op- premises of a "dependent prop- erations", the "period of restora- em ,,• tion" for Business Income cover- c. Civil Authority age will begin on the date "opera- tions" would have begun if the (1) When a Covered Cause of Loss direct physical loss or damage causes damage to property had not occurred. This change in other than property at the the start of the "period of resto- described premises, we will ration" does not apply to Extra pay for the actual loss of Expense. Business Income you sustain Page 2 of 13 ® 2011 The Travelers Indemnity Company. All rights reserved DX T1 01 11 12 Includes copyrighted material of Insurance Services Office, Inc. with its permission. and the actual Extra Expense premises, including "finished you incur caused by action of stock" and personal property civil authority that prohibits in the open (or in a vehicle) access to the described prem- within 1,000 feet of the ises, provided that both of the described premises. following apply: (2) As used in this Additional (a) Access to the area immedi- Coverage, Contract Penalties ately surrounding the dam- means amounts which, under aged property is prohibited the terms of a written contract by civil authority as a that is in effect at the time of result of the damage, and the direct physical loss or the described premises are damage, you are required to within that area but are not pay to your customers for more than 100 miles from failure to deliver your products the damaged property; and or services on time. (b) The action of civil authority (3) The most we will pay for all is taken in response to Contract Penalties incurred in dangerous physical condi- any one occurrence under this tions resulting from the Additional Coverage, regardless damage or continuation of of the number of contracts in- the Covered Cause of Loss volved is $25,000. that caused the damage, or the action is taken to e. Extended Business Income enable a civil authority to (1) Business Income Other Than have unimpeded access to "Rental Value" the damaged property. Coverage for If the necessary "suspension" (Z) Civil Authority g of your operations' produces Business Income will begin 72 a Business Income loss pay- hours after the time of the able under this Coverage Part, first action of civil authority we will pay for the actual loss that prohibits access to the of Business Income you incur described premises and will during the period that: apply for a period of up to thirty consecutive days from (a) Begins on the date property the date on which such cover- (except "finished stock") is age began. actually repaired, rebuilt or Coverage for replaced and "operations" (3) Civil Authority g are resumed; and Extra Expense will begin im- mediately after the time of the (b) Ends on the earlier of: first action of civil authority that prohibits access to the (i) The date you could re- described premises and will store your 'operations", end: with reasonable speed, to the level which would (a) Thirty consecutive days generate the Business after the date of that ac- Income amount that tion; or would have existed if no When(b) our Civil Authority direct physical loss or Y Y damage had occurred; or Coverage for Business In- come ends; (ii) 180 consecutive days whichever is later. after the date deter- mined in (1)(a) above, d. Contract Penalties unless otherwise stated in the Declarations or by {1) We will pay for Contract Pen- endorsement. alties you incur due to the necessary "suspension" of However, Extended Business your "operations` during the Income does not apply to loss "period of restoration". The of Business Income incurred as "suspension" of your "opera- a result of unfavorable busi- tions" must be caused by ness conditions caused by the direct physical loss or damage impact of the Covered Cause by a Covered Cause of Loss to of Loss in the area where the property at the described described premises are located. DX TI 01 11 12 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 3 of 13 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Loss of Business Income must save and preserve the property be caused by direct physical from further damage at the loss of or damage to property time of and after that occur- at the described premises rence. caused by or resulting from a Covered Cause of Loss. (2) If the cause of loss at the described premises which re- (2) "Rental Value" sults in "fungus", wet rot or dry rot does not, in itself, If the necessary "suspension" necessitate a "suspension" of Of your operations' produces "operations", but such "sus- a "Rental Value" loss payable pension" of "operations" is under this Coverage Part, we necessary due to loss or dam- will pay for the actual loss of age to property at the de- "Rental Value" you incur during scribed premises caused by the period that: "fungus", wet rot or dry rot, (a) Begins on the date property then our payment for loss of is actually repaired, rebuilt Business Income and Extra or replaced and tenantabil- Expense is limited to the ac- ity is restored; and tual amount of such loss and expense sustained during a (b) Ends on the earlier of: period of not more than 30 (i) The date you could re- days unless another number of store tenant occupancy, days is shown in the Declara- with reasonable speed, tions. The days need not be to the level which would consecutive. generate the "Rental (3) If a covered "suspension" of Value" that would have "operations" is caused by a existed if no direct cause of loss at the described physical loss or damage premises other than "fungus", had occurred; or wet rot or dry rot, but reme- (ii) 180 consecutive days diction of resulting loss by e "fungus", wet rot or dry rot after the date deter- mined (dat above, prolongs the "period of resto- unless otherwise stated ration', will pay for the in the Declarations or by actual losss Business Income endorsement. and the actual Extra Expense sustained during the delay (re- However, Extended Business gardless of when such a delay Income does not apply to loss occurs during the "period of of "Rental Value" incurred as a restoration"), but such coverage result of unfavorable business is limited to a period of not conditions caused by the im- more than 30 days unless an- pact of the Covered Cause of other number of days is shown Loss in the area where the de- in the Declarations. The days scribed premises are located. need not be consecutive. Loss of "Rental Value" must (4) The Fungus, wet Rot or Dry be caused by direct physical Rot exclusion in Section C.i.c. loss or damage at the de- of the Deluxe Property Cover- scribed premises caused by or age Form does not apply to resulting from a Covered Cause the insurance specifically pro- of Loss. vided under this Additional f. Fungus, Wet Rat or Dry Rat - Coverage. Amended Period of Restoration g. Green Building Alternatives - In- (1) The coverage described in f.(2) creased Period of Restoration and f.(3) below only applies If direct physical loss or damage when "fungus", wet rot or dry by a Covered Cause of Loss rot is the result of any of the occurs to a building at a "specified causes of loss", described premises, we will pay other than fire or lightning, for the actual loss of Business In- that occurs at the described come you sustain and the actual premises during the policy Extra Expense you incur during the period, and only if all reason- reasonable and necessary increase able means have been used to Page 4 of 13 ® 2011 The Travelers Indemnity Company. All rights reserved. DX T1 01 11 12 Includes copyrighted material of Insurance Services Office, Inc. with its permission. in the "period of restoration" that standards of such ordinance or is incurred to: law. (1) Repair or replace the lost or (2) This Additional Coverage does damaged portions of the build- not apply to any loss caused ing using products or materials by or resulting from: that: (a) The enforcement of any (a) Are "green" alternatives to ordinance or law which re- the products or materials of quires: the lost or damaged prop- erty, in accordance with the (i) The demolition, repair, documented standards of a replacement, reconstruc- "Green Authority"; and tion, remodeling or remediation of property (Ir) Are otherwise of compara- due to contamination by ble quality and function to "pollutants" or due to the damaged property; the presence, growth, and proliferation, spread or any activity of "fungus", (2) Employ "green" methods or wet rot or dry rot; or processes of construction, Requires any insured disor - posal or recycling in the (II) others test for, moni- course of repair and replace- ment of the lost or damaged tor, clean n up, remove, building, in accordance with the contain, treat, detoxify documented standards of a w neutralize, or in any "Green Authority"; way respond t as- "Green the effects ctss of subject to a maximum of 30 addi- "pollutants", "fungus", tional days, unless another number wet rot or dry rot; of days is shown in the Declara- or tions, from the date the "period of restoration" would otherwise (h) The enforcement of any or- have ended. dinance or law which: h. Ordinance or Law — Increased Period (I) You were required to of Restoration comply with before the (1) If direct physical loss or dam- loss, even if the build- age by a Covered Cause of ing was undamaged; and Loss occurs to property at the 60 You failed to comply described premises, we will with. pay for the actual loss of Business Income you sustain (3) The Ordinance or Law exclu- and the actual Extra Expense sion in Section C.1.h. of the you incur during the reasonable Deluxe Property Coverage Form and necessary increase in the does not apply to the insur- "period of restoration" caused ante specifically provided un- by or resulting from the en- der this Additional Coverage. forcement of any ordinance or (q) The most we will pay for loss law which: and expense in any one occur- (a) Regulates the construction rence under this Additional or repair of any property; Coverage is $250,000. M Requires the tearing down 5. Coverage Extensions of parts of property not Each of the following Coverage Ex- damaged by a Covered tensions applies subject to the Limit Cause of Loss; and of Insurance stated in this Coverage (c) Is in force at the time of Form, unless a different Limit of In- loss. surance or Not Covered is indicated in the Declarations, or the coverage is However, this Additional Cov- otherwise amended by endorsement: erage applies only to the in- creased period required to re- a. Claim Data Expense pair or reconstruct the property (1) You may extend the insurance to comply with the minimum provided by this Coverage Form to apply to the reason- DX T1 Ot 11 12 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 5 of 13 Includes copyrighted material of Insurance Services Office, Inc. with its permission. ',. able expenses you incur in the 30 consecutive days from the preparation of claim data when date when the ingress or we require it to adjust a cov- egress is first prevented. ered loss. This includes the cost of preparing income (3) The most we will pay under statements and other documen- this Extension for the sum of tation to show the extent of Business Income loss and Extra loss. Expense incurred in any one (Z) We will not pay for: occurrence is $25,000. c. Newly Acquired Locations (d) Any expenses incurred, directed or billed by or (1) You may extend the insurance payable to attorneys, incur- provided by this Coverage ance adjusters or their as- Form for: sociates or subsidiaries; (a) The actual loss of Business (b) Any costs as provided in Income you sustain due to the Appraisal Loss Condo- the necessary "suspension" tion; or of your "operations` during the "period of restoration'; (c} Any expenses incurred, and directed or billed by or payable to insurance bro- (b) The actual Extra Expense kers or agents, or their as- you incur during the "period sociates or subsidiaries, of restoration"; without our written consent to apply to the actual amount prior to such expenses be- of such loss of Business In- ing incurred. come and Extra Expense that (3) The most we will pay in any you incur caused by direct one occurrence under this Ex- physical loss or damage by a tension is $25,000. Covered Cause of Loss to property (including property b. Ingress or Egress under construction) at any location you newly acquire by (1) You may extend the insurance purchase, lease or otherwise, provided by this Coverage other than at "exhibitions". Form for. (a) The actual loss of Business (2) The most we will pay under this Extension for the sum of Income you sustain due to Business Income loss and Extra the necessary "suspension" Expense incurred in any one of your "operations" during occurrence is $500,000 at each the "period of restoration'; newly acquired location. and (b) The actual Extra Expense (3) With respect only to the insur- e ance provided under this you incur during the "period the Extension, phrase, at the of restoration"; described premises, as used in to apply to the actual amount the definition of "period of of such loss of Business In- restoration" is deleted and re- come and Extra Expense that placed by the phrase at a you incur when ingress to or newly acquired location. egress from the described premises is prevented (other (4) Insurance under this Extension than as provided in the Civil for each newly acquired loca- Authority Additional Coverage), tion will end when any of the following first occurs: (2) The prevention of ingress to or egress from the described (a) This policy expires; premises must be caused by (b) 180 days expire after you direct physical loss or damage acquire or begin to con- by a Covered Cause of Loss to struct the property; property that is away from, but within 1 mile of the (c) You report the location to described premises, unless a us; or different number of miles is shown in the Declarations. This (d) Coverage for Business In- coverage will apply for up to come and Extra Expense at Page 6 of 13 ® 2011 The Travelers Indemnity Company. All rights reserved DX TI 01 11 12 Includes copyrighted material of Insurance Services Office, Inc. with its permission. the location is more spe- the necessary "suspension" cifically insured. of your "operations" during We will charge you additional the "period of restoration"; premium for values reported and from the date you acquire the (b) The actual Extra Expense property, you incur during the "period It. Pollutant Cleanup and Removal of restoration"; (1) You may extend the insurance to apply to the actual amount of such loss of Business In- provided by this Coverage come and Extra Expense that Form for: you incur caused by direct (a) The actual loss of Business physical loss or damage by a Income you sustain due to Covered Cause of Loss to the necessary "suspension" property while in the due of your "operations" during course of transit at your risk the "period of restoration"; within the Coverage Territory. and (2) This Extension does not apply (b) The act;ial Extra Expense to loss caused by or resulting you incur during the "period from loss of or damage to: of restoration"; (a) Shipments by a government to apply to the actual amount postal service, except by of such loss of Business In- registered mail; come and Extra Expense that you incur during the increased (b) Export and import ship- period of time necessarily re- meets while covered under a ocean marine cargo or quired to extract "pollutants" from land or water at the de- other insurance policy; scribed premises. (C) Property while waterborne (2) The insurance provided under except while in transit by this Extension applies only if inland water carriers or by the discharge, dispersal, seep- coastwise vessels operating within age, migration, release or territorial waters"; escape of the "pollutants" into (d) Property of others for the land or water is caused by which you are responsible or results from direct physical while acting as a common loss or damage by any of the or contract carrier, car- "specified causes of loss" loader, freight forwarder, which occurs: freight consolidator, freight (a) To property at the de- broker, shipping association scribed premises that is or similar arranger of Covered Property under the transportation, or as a pub- Deluxe Property Coverage lic warehouseman; Form of this policy; and (0) Property within a convey- (b) During the Policy Period. ance or container caused by theft while the conveyance (3) The most we will pay under or container is unattended this Extension for the sum of unless the portion of the Business Income loss and Extra conveyance or container Expense incurred arising out of containing the property is all "specified causes of loss" fully enclosed and securely that occur during each separate locked, and the theft is by 12 month period of this policy forcible entry of which (beginning with the effective there is visible evidence; or date of this policy), is $25,000. (f) The transporting convey- e. Transit Business Income ance. (1) You may extend the insurance (3) With respect only to the insur- provided by this Coverage ance provided under this Form for: Extension, the phrase, at the described premises, as used in (a) The actual loss of Business the definition of "period of Income you sustain due to restoration" is deleted and re- DX TS 01 11 12 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 7 of 13 Includes copyrighted material of Insurance Services Office, Inc. with its permission. placed by the phrase in the (4) The most we will pay under due course of transit. this Extension for the sum of a under Business Income loss and Extra (4) The most we will pay Expense incurred in any one this Extension for the sum of occurrence is $25,000. Business Income loss and Extra Expense incurred in any one (5) With respect only to the insur- occurrence is $25,000. ance provided under this F. Undescribed Promises described the phrase at the described premises, as used in (1) You may extend the insurance the definition of "period of provided by this Coverage restoration", is replaced by the Form for: phrase at Undescribed Premises. (a) The actual loss of Business U. EXCLUSIONS AND LIMITATION Income you sustain due to The following exclusions and limitation the necessary ' suspension" of your "operations' during apply in addition to the exclusions and the "period of restoration"; limitations contained in the Deluxe Prop- and erty Coverage Form. (b) The actual Extra Expense 1. Exclusions you incur during the "period We will not pay for: of restoration"; a. Any loss caused by or resulting to apply to the actual amount from: of such loss of Business In- come and Extra Expense that (1) Damage or destruction of "fin- you incur caused by direct ished stock"; or physical loss or damage by a (2) The time required to reproduce Covered Cause of Loss to "finished stock". property at Undescribed Prem- ises, as defined in (2) below. This exclusion does not apply to Extra Expense or to the insurance (2) Undescribed Premises, as used provided under the Contract Pen- in this Extension, means prem- alty Additional Coverage. ises: b, Any loss caused by or resulting (a) Owned, leased or operated from direct physical loss of or by you; or damage to the following property: (b) Not owned, leased or oper- (1) Harvested grain, hay, straw or ated by you, where your other crops while outside of business personal property buildings,- or business personal prop- erty of others in your care (2) Outdoor trees, shrubs, plants, custody or control is lawns (including fairways, located; greens and tees), artificial turf and associated underlayment, that are within the Coverage growing crops, land or water; Territory and not described in the Declarations nor reported (3) Communication, radio or tele- to or accepted by us for cov- vision antennas (including sat- erage under this Coverage ellite dishes), and their lead-in Form, wiring, masts or towers; (3) This Extension does not apply (4) Animals, unless the loss is to loss caused by or resulting caused by or results from a from loss or damage to prop- "specified cause of loss", and erty: then only if, as a direct result remises of a "de of the "specified cause of (a) At the p loss", the animals are killed or pendent property"; their death or destruction is (b) At any location to which made necessary; or the Newly Acquired Loca- (5) Human body parts and fluids, tions Coverage Extension including organs, tissues, blood applies; or and cells. (c) In the due course of transit. Page 8 of 13 ® 2077 The Travelers Indemnity Company. All rights reserved DX T1 01 11 12 Includes copyrighted material of Insurance Services Office, Ina with its permission. c. Any increase of loss caused by or as hard or floppy disks, CDs, resulting from: DVDs, flash memory, tapes, drives, cells, data processing (1) Delay in rebuilding, repairing or devices or any other reposito- replacing the property or re- ries of computer software suming "operations", due to in- which are used with electroni- terference at the location of cally controlled equipment; the rebuilding, repair or re- placement by strikers or other (2) Data stored on such media; or persons; or (3) Programming records used for (2) Suspension, lapse or cancella- electronic data processing or tion of any license, lease or electronically controlled equip- contract. But if the suspension, ment. lapse or cancellation is directly EXAMPLE NO. 1 caused by the "suspension" of "operations", we will cover A Covered Cause of Loss damages a such loss that affects your computer on June 1. It takes until Business Income during the September 1 to replace the computer, "period of restoration" and any and until October 1 to restore the extension of the "period of computer data that was lost when the restoration" in accordance with damage occurred. We will only pay the terms of the Extended for the Business Income loss sus- Business Income Additional tained during the period June 1 - Coverage or any variation September 1. Loss during the period thereof. September 2 - October 1 is not cov- d. Any Extra Expense caused by or ered. resulting from suspension, lapse EXAMPLE M0. 2 or cancellation of any license, lease or contract beyond the "pe- A Covered Cause of Loss results in riod of restoration". the loss of data processing program- ming records on August 1. The e. Any other consequential loss in- records are replaced on October 15. cluding fines and penalties, except We will only pay for the Business as specifically provided under the Income loss sustained during the pe- Contract Penalties Additional Cov- riod August 1 - September 29 (60 erage. consecutive days). Loss during the pe- 2. Limitation - Electronic Media and Records riod September 30 - October 15 is not covered. a. We will not pay for any loss of C. LIMITS OF INSURANCE Business Income caused by direct physical loss of or damage to The most we will pay for loss or dam- electronic media and records after age in any one occurrence is the appli- the longer of: cable Limit of Insurance shown in the (1) 60 consecutive days from the Declarations, Schedules, Coverage date of direct physical loss or Form(s), or Endorsement(s). damage; or Payments under: (2) The period, :,eginning with the 1. The following Additional Coverages: date of direct physical loss or damage, necessary to repair, a. alterations and New Buildings; rebuild or replace, with reason- b. Civil Authority; able speed and similar quality, other property at the described c. Extended Business Income; premises (or other location of the loss to which this insur- d. Fungus, Wet Rot or Dry Rot _ ance applies) which suffered Amended Period of Restoration; loss or damage in the same 1n Green Building Alternatives _ In- occurrence. creased Period of Restoration; This Limitation does not apply to and Extra Expense. b 2. The Ingress or Egress Coverage Ex- b. Electronic Media and Records are: tension; (1) Electronic data processing, re- are included in and do not increase the cording or storage media such applicable Limits of Insurance. DX T1 01 11 12 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 9 of 13 Includes copyrighted material of Insurance Services Office, Inc. with its permission. The remaining Additional Coverages in If they fail to agree, they will submit Section A.4, and the remaining Coverage their differences to the umpire. A de- Extensions in Section A.5. are additional cision agreed to by any two will be insurance. binding. Each party will: D. DEDUCTIBLE a Pay its chosen appraiser; and 1. An hour deductible applies to your b. Bear the other expenses of the Business Income coverage. We will appraisal and umpire equally. not pay for loss of Business Income If there is an appraisal, we will still in any one occurrence that is incurred retain our right to deny the claim. during the period of time that: a Begins at the time of direct physi- 2. Duties in the Event of Less — Additional cal loss or damage that triggers Duty the Business Income coverage; and The following duty applies in addition b. Continues for the consecutive to the duties specified in the Loss number of hours shown in the Condition - Duties in the Event of Declarations as . the applicable Loss in the Deluxe Property Coverage Form: Business Income hour deductible. 2. The Business Income hour deductible If you intend to continue your busi- ness, you must resume all or part your "operations" as quickly as pos- e Apply to or alter the coverage sible. period that applies to the Business 3. Loss Determination Income coverage provided under the Civil Authority Additional Cov- a The amount of Business Income erage; or loss will be determined based on: b. Apply to the Contract Penalties (1) The Net Income of the busi- Additional Coverage. ness before the direct physical 3. If a separate dollar deductible applies loss or damage occurred; to other loss or damage in that same (2) The likely Net Income of the occurrence under this Coverage Part, business if no physical loss or such dollar deductible will apply to damage occurred, but not in- that other loss or damage and only cluding any Net Income that the hourly deductible will apply to would likely have been earned your loss of Business Income. as a result of an increase in 4. No deductible applies to Extra Ex- the volume of business as a result of favorable business pense. conditions caused by the im- E. LOSS CONDITIONS pact of the Covered Cause of Loss on customers or on other The following conditions apply in addi- businesses; tion to the Common Policy Conditions - Deluxe, the Loss Condition - Duties in (3) The operating expenses, includ- the Event of Loss in the Deluxe Property ing payroll expenses necessary Coverage Form and the Additional Condi- to resume "operations" with tions in the Deluxe Property Coverage the same quality of service Form: that existed just before the direct physical loss or damage; 1. Appraisal and If we and you disagree on the (4) Other relevant sources of in- amount of Net Income and operating formation, including: expense or the amount of loss, either may make written demand for an (a) Your financial records and appraisal of the loss. In this event, accounting procedures; each party will select a competent Bills, invoices and other and impartial appraiser. (b) vouchers; and The two appraisers will select an umpire. If they cannot agree, either (C) Deeds, liens or contracts. may request that selection be made b. The amount of Extra Expense will by a judge of a court having jurisdic- be determined based on: tion. The appraisers will state sepa- rately the amount of Net Income and (1) All reasonable and necessary operating expense or amount of loss. expenses that exceed the nor- Page 10 of 13 ® 2011 The Travelers Indemnity Company. All rights reserved. DX T1 Ol 11 12 Includes copyrighted material of Insurance Services Office, Inc. with its permission mal operating expenses that b (1) We have reached agreement would have been incurred by with you on the amount of "operations" during the "period loss; or or restoration" if no direct physical loss or damage had (2) An appraisal award has been occurred. We will deduct from made. the total of such expenses: F. OPTIONAL COVERAGES (a) The salvage value that re- If shown as applicable in the Declara- mains of any property tions, the following Optional Coverages bought for temporary use apply separately to each item. during the "period of resto- ration", once "operations" 1. Maximum Period of Indemnity are resumed; and The most we will pay for the total (b) Any Extra Expense that is loss of Business Income, including paid for by other insurance, the Extended Business Income Addi- except for insurance that is tional Coverage, and Extra Expense is written subject to the same the lesser of: plan, terms, conditions and a. The amount of loss sustained and provisions a� this insurance; expenses incurred during the 120 and days immediately following the (2) All reasonable and necessary beginning of the "period of resto- expenses that reduce the Extra ration"; or Expense loss that otherwise b, The Limit of Insurance shown in would have been incurred. the Declarations. an Resumption of Operations 2. Monthly Limit of Indemnity We will reduce the amount of The most we will pay for loss of your: Business Income, including the (1) Business Income loss, other Extended Business Income Additional than Extra Expense, to the Coverage, in each period of 30 con- extent you can resume your secutive days after the beginning of "operations" in whole or in the "period of restoration" is: part, by using damaged or un- a The Limit of Insurance, multiplied damaged property (including by merchandise or "stock") at the described premises or else- b. The fraction shown in the Declara- where and, with respect to the tions for this Optional Coverage. Business Income From Depend- ent Property Additional Cover- EXAMPLE: age, by using any other avail- When: The Limit of Insurance is: able source of materials or $120,000 outlet for your products. (2) Extra Expense loss to the ex- The fraction shown in the Dec- larations for this Optional Cov- tent you can return "opera- erage is: 114 tions" to normal and discon- tinue such Extra Expense. The most we will -pay for loss d, If you do not resume "opera- in each period of 30 consecu- Y „ P tive days is: tions", or do not resume "opera- tions" as quickly as possible, we $120,000 x 1/4 = $30,000 will pay based on the length of If in this example, the actual time it would have taken to amount of loss is: resume "operations" as quickly as possible. Days 1 - 30 $40,000 4. Loss Payment Days 31 - 60 $20,000 We will pay for covered loss within Days 61 - 90 $30,UDO 30 days after we receive the sworn $90,000 proof of loss, if: a. You have complied with all of the We will pay: terms of this Coverage Part; and Days 1 - 30 $30,000 Days 31 - 60 $20,000 DX T1 01 11 12 ® 2011 The Travelers Indemnity Company. All rights reserved Page 11 of 13 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Days 61 - 90 $30,000 ing Location with respect to such $80,000 services: The remaining $10,000 is not (1) Water supply services; covered. (2) Power supply services; or 3. Ordinary Payroll Exclusion or Limitation (3) Communication services, in- a. When the Declarations shows: cluding services relating to internet access or access to (1) Ordinary Payroll is excluded, any electronic, cellular or sat- the Business Income coverage ellite network. provided for continuing normal b. Accept your products or services operating expenses incurred does not include Ordinary Pay- roll; c. Manufacture products for delivery (2) Ordinary payroll is limited to a to your customers under contract specified number of days, the of sale (Manufacturing Locations); Business Income pro- coversg e or vided for continuing normal d. Attract customers to your busl- operating expenses incurred ness (Leader Locations). only includes Ordinary Payroll for the specified number of 2. "Finished Stock" means "stock" you days. The number of days may have manufactured. be used in two separate peri- "Finished Stock" also includes whis- ods during the "period of res- key and alcoholic products being toration". aged. b. Ordinary payroll expenses mean "Finished Stock" does not include payroll expenses for all your em- "stock" you have manufactured that ployees except: is held for sale on the premises of (1) Officers; any retail outlet insured under this Coverage Part. (2) Executives; 3. "Operations" means: (3) Department managers; a Your business activities occurring (4) Employees under contract; and at the described premises even if (5) Additional Exemptions, shown such activities would not have by endorsement as: produced income during the pe- riod of restoration", such as re- (a) Job Classifications; or search and development activities; and (b) Employees. b, The tenantability of the described e. Ordinary payroll expenses include: premises, if coverage for Business (1) Payroll; Income including "Rental Value" or "Rental Value" only applies. (2) Employee benefits, if directly 4. "Period of Restoration" related to payroll; (3) FICA payments you pay, a "Period of Restoration" means the period of time that: (4) Union dues you pay; and 113 (a) For Business Income cover- (5) Worker's compensation premi- age, begins once the num- ums. ber of hours of the appli- cable Business Income hour R DEFINITIONS deductible, if any, expires 1. "Dependent Property" means property following the time of direct operated by others you directly de- physical loss or damage; pend on to: and a Deliver materials or services to (b) For Extra Expense coverage you, or to others for your account begins immediately after ((Contributing Locations). But any the time of direct physical property which delivers the fol- loss or damage; lowing services is not a Contribut- Page 12 of 13 ® 2D11 The Travelers Indemnity Company. All rights reserved DX T1 01 11 12 Includes copyrighted material of Insurance Services Office, Inc. with its permission. caused by or resulting from a c. "Period of restoration" does not Covered Cause of Loss at the include any increased period re- described premises; and quired to attain a pre-loss level (2) Ends on the earlier of: of "green" building certification from a "Green Authority". But this (a) The date when the property does not apply to any increase in at the described premises the "period of restoration" other- should be repaired, rebuilt wise insured under the Green or replaced with reasonable Buildings Alternatives - Increased speed and similar quality; Period of Restoration Additional or Coverage. (b) The date when business is The expiration date of this policy will resumed at a new perma- not cut short the "period of restora- nent location. tion". b. "Period of restoration" does not 5. "Rental Value" means Business Income include any increased period re- that consists of: quired due to the enforcement of a. Net Income (Net Profit or Loss any ordinance or law that: before income taxes) that would (1) Regulates the construction, use have been earned or incurred as or repair, or requires the tear- rental income from tenant occu- ing down, of any property, pancy of the premises described except as provided in the Ordi- in the Declarations as furnished nance or Law-Increased Period and equipped by you, including of Restoration Additional Cov- fair rental value of any portion of erage; or such described premises which is (2) Requires any insured or others occupied by you; and to test for, monitor, clean up, b. Continuing normal operating ex- remove, contain, treat, detoxify penses incurred in connection with or neutralize, or in any way such premises, including: respond to, or assess the (1) Payroll; and effects of "fungus wet rot or dry rot, except as provided in (2) The amount of charges which the Fungus, Wet Rot or Dry are the legal obligation of the Rot - Amended Period of Res- tenant(s) but would otherwise toration Additional Coverage; be your obligations. or 6. "Suspension" means: (3) Requires any insured or others to test for, monitor, clean up, a. The partial or complete cessation remove, contain, treat, detoxify of your business activities; or or neutralize, or in any way b. That a part or all of the described respond to, or assess the premises is rendered untenantable, effects of 'pollutants" except if coverage for Business Income as provided in the Pollutant including "Rental Value" or "Rental Clean Up and Removal Cover- Value" only applies. age Extension. DX T1 01 11 12 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 13 of 13 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: ZLP-14T51135-13-15 ISSUE DATE: 12/04/13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DELUXE PROPERTY COVERAGE PART AMENDATORY ENDORSEMENT CRIMEITI This endorsement modifies insurance provided under the Following: DELUXE PROPERTY COVERAGE FORM A. The following Crime Additional Cover- (1) Made or drawn by or drawn ages are added to Section A.3., Additional upon you; Coverages. The limits applicable to these Crime Additional Coverages are addi- l2) Made or drawn by one acting as your agent; tional insurance. Under Section A.Z., Property and CoM Not Covered, provision or that are purported to have been a. does not apply to these Crime Addi- so made or drawn. tional Coverages: b. Under this Crime Additional Cov- 1. Employee Theft erage, all loss caused by any per- son or in which that person is in- We volved, whether the loss involves age to "money", "securities" and one or more instruments, will be other personal property not other- considered one occurrence. wise excluded, that you own, lease or hold for others, resulting c. This Crime Additional Coverage directly from theft committed by applies only if you provide us an "employee", to your depriva- with a detailed, sworn proof of tion, whether the "employee" is loss within 120 days after you identified or not and whether the discover a loss or situation that "employee" is acting alone or in may result in loss to which this collusion with other persons. Crime Additional Coverage applies. b. Under this Crime Additional Cov- d. The most we will pay for loss in erage, all loss caused by, or in- any one occurrence under this volving, one or more "employ- Crime Additional Coverage is the ees`, whether the result of a sin- Limit of Insurance shown in the gle act or series of acts, will be Schedule of this endorsement for considered one occurrence. Forgery or Alteration. e. This Crime Additional Coverage e. If you are sued for refusing to applies only if you provide us pay any instrument covered in with a detailed, sworn proof of paragraph 2.a. above, on the basis loss within 120 days after you that it has been forged or altered, discover a loss or situation that and you have our written consent may result in loss to which this to defend against the suit, we will Crime Additional Coverage applies. pay for any reasonable legal ex- d. The most we will pay for Toss in penses that you incur and pay in that defense. The amount we will any one occurrence under this C pay for such legal expenses is in Crime Additional Coverage is the Limit of Insurance shown in the addition to the Limit of Insurance to this Crime Additional Schedule of this endorsement for applicable T Employee Theft. Coverage. The Deductible a Cov- ble to this Crime Additionall Cov- Z. Forgery or Alteration erage does not apply to these legal expenses. a. We will pay for loss resulting directly from "forgery" or altera- 3. Theft, Disappearance and DestrUCtiDn tion of, on or in any checks, a We will pay for loss of "money" drafts, promissory notes, or simi- and "securities" that you own or lar written promises, orders or hold for others: directions to pay a sum certain in "money" that are: (1) At the described premises or the premises of a bank or sav- ings institution; or DX T4 15 11 12 ® 2011 The Travelers Indemnity Company. All rights reserved Page 1 of 8 Includes copyrighted material of Insurance Services Office, Inc. with its permission. (2) (a) At any other location; or armored motor vehicle com- b} In transit; pany. in your care and custody, in 4. Money Orders and Counterfeit Paper Cur— the care and custody of your rency partners or "employees", or in a. We will pay for loss resulting the care and custody of an directly from your acceptance in armored motor vehicle com- good faith of the following in ex- parry; change for merchandise, "money" resulting directly from theft, dis- or services: appearance or destruction. (1) Money orders, including coun- b. Under this Crime Additional Cov- terfeit money orders, of any erage, all loss caused by an act post office, express company or series of related acts involving or bank that are not paid upon one or more persons, or by an presentation; and act or event or series of related (2) Counterfeit paper currency that acts or events not involving any is acquired during the regular person, will be considered a sin- course of business. gle occurrence. b. Under this Crime Additional Gov- c. This Crime Additional Coverage erage, all loss caused by an act applies only if you provide us or series of related acts involving with a detailed, sworn proof of one or more persons, or by an loss within 120 days after you act or event or series of related discover a loss or situation that acts or events not involving any may result in loss to which this person, will be considered a sin- Crime Additional Coverage applies. gle occurrence. d. The most we will pay in any one C. This Crime Additional Coverage occurrence under, this Crime Addi- applies only if you provide us tional Coverage for loss of with a detailed, sworn proof of "money" and "securities": loss within 120 days after you (1) At the described premises or discover a loss or situation that the premises of a bank or sav- may result in loss to which this ings institution is the Limit of Crime Additional Coverage applies. Insurance shown in the Sched- d. The most we will pay for loss in ule of this endorsement for any one occurrence under this Theft, Disappearance and De- Crime Additional Coverage is the struction - Inside Premises; applicable Limit of Insurance (2) At any other location, or in shown in the Schedule of this transit, is the Limit of Insur- endorsement for Money Orders ance shown in the Schedule of and Counterfeit Paper Currency. this endorsement for Theft, B. The following exclusions apply to the Disappearance and Destruction Crime Additional Coverages provided in - Outside Premises. Section k of this endorsement. Except e. The insurance provided under this as provided in exclusion 1.a. below, none Crime Additional Coverage for of the exclusions in Section C. or limita- "money" and "securities" in the tions in Section O. of the Deluxe Prop- care and custody of an armored erty Coverage Form apply to the Crime motor vehicle company applies Additional Coverages. only to the amount of loss that 1. We will not pay under any of the you cannot recover: Crime Additional Coverages for: (1) Under your contract with the a Loss caused by or resulting from armored motor vehicle com- any of the following to the extent pany; and these causes of loss are other- (2) From any insurance or indem- wise excluded under the Exclu- nity carried by, or for the sions in Section C. of the Deluxe benefit of customers of, the Property Coverage Form: Page 2 of 8 ® 2011 The Travelers Indemnity Company. All rights reserved. DX T4 15 11 12 Includes copyrighted material of Insurance Services Office, Inc, with its permission (1) Certain Computer-Belated b. Loss, or that part of any loss, the Losses; proof of which as to its existence (Z] Governmental Action or amount is dependent upon an inventory computation or a profit (3) Nuclear Hazard; and and loss computation. However, where you establish wholly apart (4) War and Military Action. from such computations that you b. Loss caused by or resulting from have sustained a loss, then you any dishonest or criminal act by may offer your inventory records you or any of your partners, and actual physical count of in- ventory in support of the amount whether acting alone or in collu- of loss claimed. Sion with others. e Loss caused by or resulting from c. Loss resulting directly or indi- any dishonest or criminal act by rectly from trading, whether in any of your "employees", direc- Your name or in a genuine or fic- titious account. tors, trustees or authorized repre- sentatives: IL Loss resulting from the fraudulent (1) Whether acting alone or in col- or dishonest signing, issuing, can- celling or failing to cancel, a warehouse receipt or any papers (2) While performing services for connected with it. you or otherwise; 3. We will not pay under the Theft, Dis- except as provided under the appearance and Destruction Crime Employee Theft Crime Additional Additional Coverage for: Coverage. a Loss caused by or resulting from d Indirect loss including any loss accounting or mathematical errors resulting from: or omissions. (1) Your inability to realize income b. Loss caused by or resulting from that you would have realized the giving or surrendering of the had there been no loss of, or property in any exchange or pur- loss from damage to, the chase. property; G Loss of or damage to property (2) Payment of damages of any after the property has been trans- type for which you are legally ferred or surrendered to a person liable. But we will pay for or place outside the described compensatory damages arising premises or the premises of a directly from a loss covered banking or savings institution: under the Crime Additional Coverages,- or (1) in the basis of unauthorized instructions; or (3) Payment of costs, fees or other expenses you incur in (2) As a result of a threat to do establishing either the exis- bodily harm to any person or tence or amount of loss under damage to any property. the Crime Additional Cover- But this exclusion does not apply ages. to loss of "money" or "securi- e. Legal expenses, except as pro- ties" outside of the described vided under the Forgery or Altera- premises or the premises of a tion Crime Additional Coverage. banking or savings institution in your care and custody or the care 2. We will not pay under the Employee and custody of your partners or Theft Crime Additional Coverage for: "employees" if: at Loss caused by any "employee" 0) You had no knowledge of of yours, or predecessor in inter- any threat at the time the est of yours, for whom similar conveyance began; or prior insurance has been cancelled 00 You had knowledge of a and not reinstated since the last threat at the time the con- such cancellation. veyance began, but the loss DX T4 15 11 12 0 2011 The Travelers Indemnity Company. All rights reserved. Page 3 of 8 Includes copyrighted material of Insurance Services Office, Inc. with its permission. was not related to the of mailing will be sufficient threat, proof of notice, d. Loss caused by you or anyone b. Amended Duties in the Event of Loss acting on your express or implied or Damage Condition authority voluntarily parting with possession of or title to the Under the Duties in the Event of property. Loss or Damage Condition in Sec- tion G.3. of the Deluxe Property e. Loss of "money" contained in any Coverage Form, the duty to notify "money" operated device unless the police if a law has been bro- the amount of "money" deposited ken does not apply to the Em- in it is recorded by a continuous ployee Theft or the Forgery or recording instrument in the device. Alteration Crime Additional Cover- C. Section F. DEDUCTIBLE is amended by the ages. addition of the following: c. Employee Benefit Plans We will not pay for loss in any one The following provisions apply occurrence under the Crime Additional with respect to any "employee Coverages until the amount of loss benefit plan" shown in the Sched- exceeds the applicable Deductible shown ule of this endorsement as in the Declarations, the Schedule of this included as Insureds under the endorsement or elsewhere in this Cover- Employee Theft Crime Additional age Part. We will then pay the amount Coverage (hereinafter referred to of loss in excess of the Deductible, up as Plan): to the applicable Limit of Insurance. (1) If any Plan is insured jointly D. In addition to the conditions that apply with any other entity under to the Deluxe Property Coverage Form: this insurance, you or the Plan 1. The following conditions apply to the Administrator must select a Limit of Insurance for the Em- Crime Additional Coverages provided in Section A. of this endorsement: ployee Theft Crime Additional Coverage that is sufficient to a Cancellation as to any Employee provide a Limit of Insurance for each Plan that is at least The insurance provided under the equal to that required if each Crime Additional Coverages is Plan were separately insured. cancelled as to any "employee": (Z) With respect to losses sus- (1) Immediately upon discovery tained or discovered by any by: such Plan, paragraph 1.a of the (a) You; or Employee Theft Crime Addi- tional Coverage in Section A. (b) Any of your partners, of this endorsement is re- members, managers, offi- placed by the following: cers, directors or trustees We will pay for loss of or not in collusion with the "damage to "money",personal"serop- "employee"; ties" and other personal prop- of theft or any other dishonest erty not otherwise excluded, act committed by the "em- that you own, lease or hold ployee" whether before or for others, resulting directly after becoming employed by from fraudulent or dishonest you. acts committed by an "em- ployee", whether the "em- (2) On the dates P ployee" is identified or not tice mailed or delivered to the and whether the "employee" is first Named Insured. That date acting alone or in collusion will be at least 30 days after with other persons. the date of mailing or delivery. We will mail or deliver our no- (3) If the first Named Insured is tice to the first Named Insured an entity other than a Plan, at the last mailing known to any payment we make to that us. If notice is mailed, proof Insured for loss sustained by any Plan will be held by that Page 4 of 8 ® 2011 The Travelers Indemnity Company. All rights reserved. DX T4 15 11 12 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Ili Insured for the use and benefit until 90 days after you have filed of the Plans sustaining the proof of loss with us. loss. ir. Loss Sustained During Prior Insurance (4) If two or more Plans are in- sured under this insurance, any (1) If you, or any predecessor in payment we make for loss: interest, sustained loss during the period of any prior crime (a) Sustained by two or more coverage insurance that you or Plans; or the predecessor in interest (b) Of commingled "money" could have recovered under and "securities" or other that insurance, except that the property of two or more time within which to discover Plans loss had expired, we will pay for it under the applicable that arises out of one occur- Crime Additional Coverage rence, is to be shared by each provided in Section A. of this Plan sustaining loss in the endorsement, provided: proportion that the Limit of lm surance required for each Plan (al The Crime Additional Cov- bears to the total of those erage became effective at limits, the time of cancellation or termination of the prior in- (5) The Deductible applicable to surance; and the Employee Theft Crime (b) The loss would have been Additional Coverage does not covered under the Crime apply to loss sustained by any Additional Coverage had it Plan. been in effect when the It Extended Period to Discover Less acts or events causing the We will pay for loss that you loss were committed or occurred. sustain prior to the date this in- surance terminates or is cancelled (2) The insurance under this condi- which is discovered by you no tion is part of, not in addition later than one year from the date to, the Limits of Insurance of that termination or cancellation. applying to the Crime Addi- However, this extended period to tional Coverages and is limited discover loss terminates immedi- to the lesser of the amount ately upon the effective date of recoverable under; any other insurance obtained by you replacing in whole or in part (a) The applicable Crime Addi- the insurance afforded hereunder, tional Coverage as of its whether or not such other insur- effective date; or ante provides coverage for loss (b) The prior crime coverage sustained prior to its effective insurance had it remained in date. effect. e ended Legal Action Against Us g, Amended Policy Period, Coverage Condition Territory Condition The Legal Action Against Us Addi- The following is added to the tional Condition in Section H.4. of Policy Period, Coverage Territory the Deluxe Property Coverage Additional Condition in Section Form is amended as follows: H.9. of the Deluxe Property Cover- The time period during which a age Form: legal action involving loss under Subject to the above Loss Sus- the Crime Additional Coverages tained During Prior Insurance Con- may be brought against us will dition, we will pay for loss under not begin until the date on which the Crime Additional Coverages the loss is discovered. In addition, that you sustain through acts no one may bring a legal action committed or events occurring: against us involving loss under the Crime Additional Coverages (1) During the policy period and discovered by you: DX T4 15 11 12 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 5 of 8 Includes copyrighted material of Insurance Services Office, Inc. with its permission. (a) During the policy period; or The Crime Additional Coverages (b) During the period of time do not apply to loss recoverable g p er or recovered under other insurance provided in the Extended or indemnity. However, if the limit Period To Discover Loss of the other insurance or indem- Condition above; nity is insufficient to cover the and entire amount of the loss, this in- surance provided under the appli- (2) Within the Coverage Territory. cable Crime Additional Coverage However: will apply to that part of the loss, (�i Under the Employee Theft other than that falling within any Crime Additional Coverage, deductible amount, not recoverable we will pay for loss caused or recovered under the other in- we or indemnity. However, by any "employee" while temporarily outside of the this insurance will not apply to Coverage Territory for a the amount of loss that is more period of not more than 90 than the Limit of Insurance that days. applies to that Crime Additional Coverage. (b) Under the Forgery or h, Amended Transfer of Rights of Alteration Crime Additional Recovery Against Others To Us Coverage, the Coverage Condition Territory is extended to in- clude anywhere in the The Transfer of Rights of Recov- world. ery Against Others to Us Addi- h. Loss Covered Under a Crime Add'I- tional Condition in Section N.1O. tional Coverage and Prior Crime of the Deluxe Property Coverage Insurance Issued by the Company or tionForm applies the Crime Addi- may any Affiliate not, at ato any getime,Cewa wapt ive your If any loss is covered: rights to recover damages from another party for any loss you (1) Partly by a Crime Additional sustained and for which we have Coverage provided in Section paid or settled under the Crime A. of this endorsement; and Additional Coverages. (2) Partly by any prior cancelled I. Amended Valuation Condition or terminated crime insurance that we or any affiliate had The following is added to the issued to you or any Valuation Loss Condition in Sec- predecessor in interest; tion 6.6. of the Deluxe Property the most we will pay is the larger Coverage Form: of the amount recoverable under In the event of loss, we will the Crime Additional Coverage or determine the value of: the prior insurance. (1) "Money" at its face value. We I. Non-Cumulation of Limit of Insurance may, at our option, pay for Regardless of the number of ears loss of "money" issued by any 9 Y country other than the United the Crime Additional Coverages States of America: remain in force or the number of premiums paid, no Limit of Insur- (a) At face value in the ance cumulates from year to year "money" issued by that or period to period. country; or j. Amended Other Insurance Condition (b) In the United States of America dollar equivalent With respect only to the Crime determined by the rate of Additional Coverages, the Other exchange on the day the Insurance Additional Condition in loss was discovered, Section H.8, of the Deluxe Prop- erty Coverage Form is replaced by (2) "Securities" at their value at the following: the close of business on the Page 6 of 8 © 2011 The Travelers Indemnity Company. All rights reserved. DX T$ 15 11 12 Includes copyrighted material of Insurance Services Office, Inc. with its permission day the loss was discovered. (1) Any natural person: We may, at our option: (a) While in your service and (a) Pay the value of such "se- for 30 days after termina- curities" or replace them in tion of service; and kind, in which event you must assign to us all of (b) Who you compensate di- your rights, title and inter- rectly by salary, wages or est in and to those "securi- commissions; and ties"; or (c) Who you have the right to (b) Pay the cost of any Lost direct and control while Securities Bond required in performing services for connection with issuing you; duplicates of the "securi- (2) Any natural person who is fur- ties". However, we will be nished temporarily to you: liable only for the payment of so much of the cost of (a) To substitute for a perma- the bond as would be nent "employee" as defined charged for a bond having in paragraph (1) above, who a penalty not exceeding the is on leave; or lesser of the: (b) To meet seasonal or short- (i) Value of the "securities" term work load conditions; at the close of business on the day the loss was while that person is subject to discovered; or your direction and control and performing services for you (ii) Limit of Insurance. excluding, however, any such ae Sole Benefit person while having care and custody of property outside The insurance provided under the the described premises. Crime Additional Coverages is for your sole benefit only. It provides (�) Any natural person who is no rights or benefits to any other leased to you under a written agreement, between you and a person or organization. Any claim for loss that is covered under this labor leasing firm, to perform insurance must be presented by duties related to the conduct yott. of your business, but does not mean a temporary employee as 2. The following additional conditions defined in paragraph (2) above; apply to the Forgery or Alteration Crime Additional Coverage: (4) Any natural person who is: a. Electronic and Mechanical Signatures (a) A trustee, officer, em- ployee, administrator or We will treat signatures that are manager, except an adminis- produced or reproduced electroni- trator or manager who is an cally, mechanically or by other independent contractor, of means the same as handwritten any "employee benefit signatures. plan" insured under this in- b. Proof of Loss surance-, or You must include with your proof (b) Your director or trustee of loss any instrument involved in while that person is erty of anyy "employee prohanp- that funds other that loss, or, if that is not possi- ble, an affidavit setting forth the benefit plan" insured under amount and cause of loss, this insurance. E. The following additional definitions apply (5) Any natural person who is a to the Crime Additional Coverages pro- former "employee", director, vided under this endorsement: partner, member, manager, rep- 1. "Employee" means: resentative or trustee retained as a consultant while perform- er "Employee" means: ing services for you; or DX T4 15 11 12 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 7 of 8 Includes copyrighted material of Insurance Services Office, Inc. with its permission (6) Any natural person who is a not mean a signature which consists guest student or intern pursu- in whole or in part of one's own ing studies or duties, exclud- name signed with or without author- ing, however, any such person ity, in any capacity, for any purpose. while having care and custody 4 "Money" means: of property outside the prem- ises. a. Currency, coins and bank notes in b. But "employee" does not mean current use; and any: b. Travelers' checks, register checks (1) Agent, broker, factor, commis- and money orders held for sale to sion merchant, consignee, in- the public. dependent contractor or repre- 5. "Securities" means negotiable and sentative of the same general non-negotiable instruments or con- character; or tracts representing either "Money" or (2) Manager, director or trustee other property and includes tokens, except while performing acts tickets, revenue and other stamps coming within the scope of the (whether represented by actual stamps usual duties of an "employee". or unused value in a meter) in current use, and evidences of debt issued in 2. "Employee benefit plan" means any connection with credit or charge welfare or pension benefit plan cards which are not of your own shown in the SCHEDULE of this issue. But Securities does not include endorsement that is subject to the "Money" or lottery tickets held for Employee Retirement Income Security sale. Act of 1974 (ERISA). 3. "Forgery" means the signing of the name of another person or organiza- tion with intent to deceive. It does SCHEDULE Crime Additional Coverage Limit of Insurance Deductible* Employee Theft: $ 10,000 unless a higher limit $1,000 is shown: $ Forgery or Alteration: $ 25,000 unless a higher limit $1,000 is shown: $ Theft, Disappearance and Destruction: ® Inside Premises: $ 20,000 unless a higher limit $1,000 is shown: $ ® Outside Premises: $ 10,000 unless a higher limit $1,000 is shown: $ Money Orders and Counterfeit $ 25,000 unless a higher limit $1,000 Paper Currency: is shown: $ * If no deductible is shown, the Deductible that otherwise applies to loss under the Deluxe Property Coverage Form shall apply. Employee Benefit Plans, if any, included as Insureds under the Employee Theft Crime Additional Coverage: Page 8 of 8 ® 2011 The Travelers Indemnity Company- All rights reserved. DX T4 15 11 12 Includes copyrighted material of Insurance Services Office, Inc. with its permission POLICY NUMBER: ZLP-14T51135-13-15 ISSUE DATE: 12/04/13 THIS ENDORSEMENT C14ANDES THE POLICY. PLEASE READ IT CAREFULLY. DELUXE PROPERTY COVERAGE PART AMENDATORY ENDORSEMENT TECHNOLOGY I T Y DIRECT DAMAGE AND CAUSE F LOSS EXTENSIONS This endorsement modifies insurance provided under the following: DELUXE PROPERTY COVERAGE FORM A. DIRECT DAMAGE EXTENSIONS 2. False Pretense 1. Extended Coverage on Personal Property a. The insurance that applies to Your at Undescribed Premises Within the Business Personal Property and Coverage Territory Personal Property of Others is a The insurance provided for Per- extended to apply to direct physi- P cal loss of such property when sonal Property at Undescribed you, or anyone to whom you have Premises under Section AAAL(3) of entrusted the Covered Property, the Deluxe Property Coverage voluntarily part with the property Form is extended to apply to Your due to any fraudulent scheme, Business Personal Property and trick, device or false pretense. Personal Property of Others at However, this Extension does not premises you own, lease or regu- apply to: larly operate that are not described in the Declarations nor (1) Loss caused by the failure of reported to or accepted by us for a buyer of the property to pay coverage under this policy. you for the property as agreed, unless it can be shown that b. This Extension does not apply to: the buyer acted with criminal (1) Property at an "exhibition"; intent to steal the property; or (2) Property at any installation (2) Loss caused by or resulting site or in temporary storage from any dishonest or criminal awaiting installation; act to which the Dishonesty Exclusion under Section C.2.c. (3) Property in the care, custody of the Deluxe Property Cover- or control of your sales repre- age Form applies. sentatives; b. With respect only to the insurance (4) Property in transit; provided under this Extension, the (5) Property at the location of a exclusion of loss or damage p y caused by or resulting from volun- building you newly construct tary parting with any property or newly acquire by purchase under the Voluntary Parting Exclu- or lease; or sion in Section C.2.L of the Deluxe (6) Property outside of the Cover- Property Coverage Form, does not age Territory. apply- c. This Extension is subject to, and c. The most we will pay for loss in does not increase, the Limit of any one occurrence under this Insurance shown in the Declara- Extension is the Limit of Insurance tions for Personal Property at shown in the Schedule of this en- Undescribed Premises: At any dorsement for False Pretense. This other not owned, leased or regu- limit is part of, and not in addi- larly operated premises. tion to, the Limit of Insurance that applies to the lost or dam- aged Covered Property. DX T4 16 11 12 ® 2011 Travelers Indemnity Company. All rights reserved Page 1 of 7 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. 3. Spoilage tion or reduction of electri- cal power from an electri- a The insurance that applies to Your cal utility company or other Business Personal Property and power source caused by de- Personal Property of Others is liberate acts taken to shed extended to apply to direct physi- load or to maintain system cal loss of or damage to such integrity; or Covered Property that is "perish- able property" inside of buildings (C) The inability of an electri- caused by or resulting from: cal utility company or other (1) Change in temperature or hu- power source to provide sufficient power due to midity resulting from mechani- lack of fuel, governmental cal breakdown or failure of order or lack of generating temperature or humidity control capacity to meet demand. apparatus or equipment; a refrigerant, C. The most we will pay for loss or (2) Contamination by g damage in any one occurrence ammonia or any other sub- under this Extension is the Limit stance that is declared to be of Insurance shown in the Sched- hazardous to health by a gov- ule of this endorsement for Spoil- ernmental agency resulting age. This limit is part of, and not from mechanical breakdown or in addition to, the Limit of Insur- failure of equipment; or ante that applies to the lost or (3) Change in temperature or hu- damaged Covered Property. midity resulting from complete Subject to the Spoilage Limit of or partial interruption of elec- Insurance, the most we will pay trical power, either on or off under this Extension for loss the described premises, due to caused by contamination by a conditions beyond your control. refrigerant, ammonia or any other b. With respect only to the insurance substance declared to be hazard- provided under this Extension, the ous to health by a governmental following changes apply to the agency that is itself caused by or Exclusions in Section C. and Limi- results from mechanical break- tations in Section D. of the Deluxe down or failure of equipment, is Property Coverage Form: included in, and does not increase the Hazardous Substance Limit of (1) Exclusion CAI, Utility Services, Insurance provided under the does not apply. Equipment Breakdown and Electri- cal Injury Extension in Section B.2. (2) None of the Exclusions in Sec- of this endorsement, tion C.2., C.3., CA or C.5. and none of the Limitations in Sec- 4. Utility Services — Direct Damage tion D. apply. a The insurance provided by this (3) The following additional exclu- Coverage Form is extended to sions apply: apply to direct physical loss of or damage to Covered Property We will not pay for loss or caused by the interruption of damage caused by or resulting water, communication or power from: supply services to the described (a) The disconnection of any premises. The interruption must refrigeration, cooling, heat- result from direct physical loss or ing or humidity control damage by a Covered Cause of equipment or apparatus Loss to the following Utility Sup- from the source of power; ply Services Property, that is located away from the described (b) The deactivation or reduc- premises, or is located at the tion of electrical power described premises and used to caused by the manipulation supply the utility service to the of any switch or other described premises from a source device used to control the away from the described prem- flow of electrical power or ises: current, including deactiva- Page 2 of 7 ® 2011 Travelers Indemnity Company. All rights reserved. DX T4 16 11 12 Includes the copyrighted material of Insurance Services Office, Inc. with its permission (1) Water Supply Services Prop- under this Extension is the Limit erty, meaning the following of Insurance shown in the Sched- types of property supplying ule of this endorsement for Utility water to the described prem- Services - Direct Damage. This ises: limit is part of, and not in addi- tion to, the Limit of Insurance that applies to the Covered Prop- (b) Water mains. erty. (2) Communication Supply Services 5. Had➢@active Co68t mirlation Property, meaning property a. The insurance provided by this supplying communications ser- Coverage Form is extended to vice, including telephone, radio, apply to direct physical loss or microwave or television ser- damage to Covered Property vices to the described prem- caused by sudden and accidental ises, such as: radioactive contamination including (a) Communication transmission resultant radiation damage to the lines including fiber optic Covered Property. The Nuclear transmission lines; Hazard Exclusion in Section C.1.9. of the Deluxe Property Coverage (b) Coaxial cables; and Form does not apply to the insur- (c) Microwave radio relays, ex- ance specifically provided under cept satellites. this Extension. (3) Power Supply Services Prop- b. We will not pay for loss or dam- erty, meaning the following age caused by resulting from types of property supplying radioactive contamination if: electricity, steam or gas to the (1) The described premises con- described premises: tain: (a) Utility generating plants; (a) A nuclear reactor capable (b) Switching stations of sustaining nuclear fission in a self-supporting chain (c) Substations; reaction; or (d) Transformers; and (b) Any new or used nuclear fuel intended for or used in (e) Transmission lines. such a nuclear reactor. But Communication Supply Ser- (2) The contamination arises from vices Property and Power Supply radioactive material not located Services Property do not include at the described premises. any overhead transmission lines when Excluding Overhead Trans- c. The most we will pay for loss or mission Lines is indicated in the damage in any one occurrence Schedule of this endorsement for under this Extension is the Limit Utility Services - Direct Damage. of Insurance shown in the Sched- ule of this endorsement for b. This Extension does not apply to Radioactive Contamination. This loss to "perishable property" limit is part of, and not in addi- caused by temperature or humidity tion to, the Limit of Insurance change that results from power that applies to the Covered Prop- outage due to a utility service in- erty. terruption, even if the interruption B. CAUSE OF LOSS EXTENSIONS is a utility service interruption to which this Extension applies. Unless otherwise indicated in the Sched- c. With respect only to the insurance ule of this endorsement, each of the fol- provided under this Extension, the lowing Cause of Loss Extensions apply. Utility Services Exclusion in Sec- These Cause of Loss extensions amend tion C.1.i. of the Deluxe Property Section C. EXCLUSIONS and Section O. Coverage Form does not apply. LIMITATIONS of the Deluxe Property Cov- erage Form and, when applicable, apply d. The most we will pay for loss or to all coverages under the Deluxe Prop- damage in any one occurrence erty Coverage Part that are subject to DX T4 16 11 12 ® 2011 Travelers Indemnity Company. All rights reserved. Page 3 of 7 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. the Exclusions and Limitations contained C. This Extension is subject to, and in Section C. and Section D. of the does not increase, the Limit(s) of Deluxe Property Coverage Form. Insurance that otherwise apply to 1. Extended dater Damage the loss or damage. a. Under exclusion C.1.1., Water, the d. When the Causes Of Loss _ Broad exclusion of: Form Flood endorsement is also included in this Coverage Part, the (1) Surface water under paragraph definition of "Flood" under that (1)(a); and endorsement does not include: (2) Water under the ground surface (1) Surface water; or pressing on, or flowing or (2) Water under the ground surface seeping through: pressing on, or flowing or (a) Foundations, walls, floors seeping through: or paved surfaces; (a) Foundations, walls, floors (b) Basements, whether paved or paved surfaces; or not; or (b) Basements, whether paved (c) Doors, windows or other or not; or openings; (c) Doors, windows or other under paragraph (1)(d1); openings; does not apply. that is not otherwise excluded un- der Exclusion C.11, Water, in the b. This Cause of Loss Extension Deluxe Property Coverage Form, does not apply to loss or damage as amended above in provisions caused by or resulting from 1.a. and 1.b. of this Extended Water, as described in a.(1) and Water Damage Cause of Loss a.(2) above, which is itself directly Extension. or indirectly caused by: 2. Equipment Breakdown and Electrical Injury (1) Waves (including tidal wave Extension and tsunami), tides, tidal water, overflow of any body of a The following exclusions do not water, or their spray, all apply: whether driven by wind or not (including storm surge); (1) Exclusion C.2.d., Electrical Dam- age or Disturbance; (2) Mudslide or mudflow; (2) Exclusion C.2.e., Explosion; (3) Water or sewage that backs up (3) The exclusion of loss or dam- or overflows or is otherwise age caused by or resulting discharged from a sewer, drain, sump, sump pump or related from mechanical breakdown, equipment, to the extent such (including rupture or bursting water is excluded under para- caused by centrifugal force) graph (1)(c) of the Water exclu- under Exclusion C.21(5), Other sion in Section C.I.I. of the Types of Losses; and Deluxe Property Coverage (4) The exclusion of loss of or Form; or damage to, or loss that is a (4) Waterborne material carried or consequence of loss or dam- age to: otherwise moved by any of the water referred to in b.(1) (a) Steam boilers, steam pipes, and b.(3) above, or material steam engines or steam carried or otherwise moved by turbines caused by or mudslide or mudflow. resulting from any condition or event inside such equip- Such loss or damage is excluded ment under Limitation D.1,&; regardless of any other cause or and event that contributes concurrently or in any sequence to the loss. (b) Hot water boilers or other water heating equipment Page 4 of 7 ® 2011 Travelers Indemnity Company. All rights reserved. DX T4 16 11 12 Includes the copyrighted material of Insurance Services Office, Inc. with its permisslom caused by or resulting from no hazardous substance any condition or event in- been involved; and side such boilers or equip- ment under Limitation 0.1.11L (b) Any increase in loss of Business Income or Extra b. This Extension is subject to the Expense due to the addi- following additional provisions: tional time required to subject to, clean up, repair, replace or (1) This Extension is sub J dispose of the property, and does not increase, the provided Business Income Limits) of Insurance that oth- or Extra Expense loss erwise apply to the loss or resulting from damage to damage. such property is otherwise (2) This Extension does not apply insured against under this to loss of or damage to, or Coverage Part. Subject to loss of Business Income or the Hazardous Substance Extra Expense that is a conse- Limit of Insurance, the term quence of loss or damage to: "period of restoration", as used in the Business In- (a) "Electronic data processing come or Extra Expense in- equipment" or "electronic surance provided under this data processing data and Coverage Part is extended media"; to include this additional (b) "Perishable property" period of time. caused by changes in tem- This Hazardous Substance Limit perature or humidity that of Insurance is included in and result from a Cause of does not increase the Limit(s) Loss covered under this Ex- of Insurance that otherwise tension; or apply to the loss or damage. (C) Vehicles or any property in (5) The following additional condi- or on a vehicle. tions apply to the insurance (3) This Extension does not apply provided under this Extension: to loss or damage caused by (a) Suspension or resulting from: If any equipment is found (a) Hydrostatic, pneumatic or to be in, or exposed to, a gas pressure testing of any dangerous condition, we boiler, fired vessel or elec- may immediately suspend tric steam generator; or the insurance provided for Insulation breakdown testing loss caused by or resulting 9 from a Cause of Loss cov- of any type of electrical ered under this Extension to equipment. that equipment. We can do (4) If as a direct result of a Cause this by delivering or mail- of Loss covered under this ing a written notice of sus- Extension, property is dam- pension to: aged, contaminated or polluted Q) your last known ad- by a refrigerant, ammonia or dress; or other substance declared to be hazardous to health by a gov- (ii) The address where the ernment agency, the Hazardous equipment is located. Substance Limit of Insurance Once suspended in this shown in the Schedule of this way, such insurance can endorsement is the most we only be reinstated by a will pay for: written endorsement issued (a) The reasonable and neces- by us. If we suspend your sary additional costs you insurance, you will get a incur to clean up, repair, pro rate refund of premium replace and dispose of for that equipment. But the Covered Property that you suspension will be effective would not have incurred had even if we have not yet made or offered a refund. DX T4 16 11 12 ® 2011 Travelers Indemnity Company. All rights reserved Page 5 of 7 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. (b) Jurisdictional Inspections 4. Deletion of the Theft Limitation on Pre- At your option, we will cious Alloys and Metals provide certificate-of- Limitations D.2.b. is replaced by the operation inspection ser- following: vices for boilers and other pressure vessels where: 2. b. $25,000 for jewelry, watches, watch movements, W You have notified us of jewels, pearls, precious and equipment that is in- semi-precious stones and sured under this Exten- bullion. sion and that requires a This limit does not apply certificate-of operation; to jewelry and watches (ii) The certificate-of- worth $100 or less per operation is required by item. state, city or provincial law; and C, EXTRA EXPENSE COVERAGE EXTENSION - REVISED LIMIT OPTION (iii) The state, city or pro- vincial law permits in- If a revised Limit of Insurance is shown spections by insurance in the Schedule below for Extra Expense, company employees, the Limit of Insurance shown in the Dec- larations for the Extra Expense Coverage Certificate-of-operation in- Extension in Section A.4.1. of the Deluxe spection services shall be Property Coverage Form is deleted and provided only in the United replaced by the revised Limit of Insur- States of America, Puerto ance shown in the Schedule. This revised Rico and Canada as allowed limit is the most we will pay for all by state, city or provincial Extra Expense in any one occurrence. law. 3. Deletion of Exposed Property Exclusion D. DEFINITION The following Definition is added as re- Exclusion C.2.f., Exposed Property, spects this endorsement: which excludes loss or damage caused by or resulting from rain, "Perishable Property" means personal snow, sand, dust, ice or sleet to per- property: sonal property in the open, does not a, Maintained under controlled condi- apply. tions for its preservation; and b. Susceptible to spoilage or decay if the controlled conditions change. Page 6 of 7 ® 2011 Travelers Indemnity Company. All rights reserved. DX T4 16 11 12 Includes the copyrighted material of Insurance Services Office, Inc. with its permission SCHEDULE Direct Damage Extensions: Limit of insurance e False Pretense: $25,000 unless a higher limit is shown: $ e Spoilage: $100,000 unless a higher limit is shown: w Utility Services - Direct Damage: $50,000 unless a higher limit is shown: Excluding Overhead Transmission Lines $ (applicable only when indicated by an "X") a Radioactive Contamination: $25,000 unless a higher limit is shown: $ Cause of Loss Extensions: e Extended Water Damage: Extension applies unless indicated by an X below. Extension does not apply e Equipment Breakdown and Electrical Injury Extension: Hazardous Substance Limit of Insurance: Extension applies unless indicated by an $25,000 unless a higher limit is shown: X below. $ Extension does not apply o Deletion of Exposed Property Exclusion: Extension applies e Deletion of the Theft Limitation on Precious Alloys and Metals: Extension applies Extra Expense Coverage Extension — Revised Limit Dption: e Extra Expense Revised Limit of Insurance (applicable only when a limit is enteredF $ DX T4 16 11 12 ® 2011 Travelers Indemnity Company. All rights reserved. Page 7 of 7 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: ZLP-14T51135-13-I5 ISSUE DATE: 12/04/13 THIS ENDORSEMENT CRANGES THE POLICY. PLEASE READ IT CAREFULLY. DELUXE PROPERTY COVERAGE PART AMENDATORY ENDORSEMENT TECHNOLOGY INDUSTRY USI 5 INCOME EXTRAAND XPE S EXTENSIONS This endorsement modifies insurance provided under the following: DELUXE BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORM Unless otherwise indicated in the Schedule (2) Susceptible to spoilage or de- of this endorsement, the insurance provided cay if the controlled conditions under the Deluxe Business Income (And Ex- change. tra Expense) Coverage Form is amended to b. Spoilage means direct physical include the following Extensions: loss or damage to Perishable A. EXTENSION OF THE ELECTRONIC MEDIA AND Property caused by or resulting RECORDS LIMITATION from: The Limitation - Electronic Media and (1) Change in temperature or hu- Records in Section B.2., is revised as midity resulting from follows: mechanical breakdown or fail- 1. If "Electronic Media and Records ure of temperature or humidity Limitation does not apply" is shown control apparatus or equipment; in the Schedule of this endorsement, (2) Contamination by a refrigerant, the limitation is deleted in its en- ammonia or any other sub- tirety. stance that is declared to be 2. If a revised number of days is shown hazardous to health by a gov- in the Schedule of this endorsement ernmental agency resulting for the Electronic Media and Records from mechanical breakdown or Limitation, the number "60" in para- failure of equipment; or graph a.(1) is replaced by the number (3) Change in temperature or hu- of days shown in the Schedule. midity resulting from complete B. SPOILAGE or partial interruption of elec- trical power, either on or off 1. The insurance provided for: the described premises, due to a. The actual loss of Business In- conditions beyond your control. come you sustain due to the 3. With respect only to the insurance necessary "suspension" of your provided under this Extension, the "operations" during the "period of following changes apply to the Exclu- restoration"; and sions and Limitations that apply to b. The actual Extra Expense you incur the Deluxe Business Income (And Ex- during the "period of restoration"; tra Expense) Coverage Form: is extended to apply to the actual a Exclusion C.11, Utility Services, amount of such loss of Business In- contained in the Deluxe Property come and Extra Expense that you Coverage Form, does not apply. incur caused by Spoilage (as defined b. None of the Exclusions contained in 2. below) of Perishable Property in Section C.2., C.3., CA. or C.5. of (as defined in 2. below) inside of the Deluxe Property Coverage buildings at the described premises. Form and none of the Limitations 2. As used in this Extension: contained in Section D. of the De- luxe Property Coverage Form a. Perishable Property means per- apply, sonal property: c. The following additional exclu- (1) Maintained under controlled sions apply: conditions for its preservation; We will not pay for loss or dam- and age caused by or resulting from: DX T4 17 11 12 ® 2011 Travelers Indemnity Gompany. All rights reserved. Page 1 of 3 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. (1) The disconnection of any re- is extended to apply to the actual frigeration, cooling, heating or amount of such loss of Business In- humidity control equipment or come and Extra Expense that you apparatus from the source of incur caused by the interruption of power, water, communication or power sup- (2) The deactivation or reduction ply services to the described of electrical power caused by premises. the manipulation of any switch 2. This Extension applies only if the in- or other device used to control terruption of water, communication or the flow of electrical power or power supply services to the de- current, including deactivation scribed premises is caused by or or reduction of electrical results from direct physical loss or power from an electrical utility damage by a Covered Cause of Loss company or other power to the following Utility Supply Ser- source caused by deliberate vices Property, that is located away acts taken to shed load or to from the described premises or is lo- maintain system integrity; or cated at the described premises and (3) The inability of an electrical used to supply the utility service to utility company or other power the described premises from a source source to provide sufficient away from the described premises; power due to lack of fuel, a. Water Supply Services Property, governmental order or lack of meaning the following types of generating capacity to meet property supplying water to the demand. described premises: 4. The most we will pay for loss in any (1) Pumping Stations; and one occurrence under this Extension is the Spoilage Limit of Insurance (2) Water mains. shown in the Schedule of this en- b. Communication Supply Services dorsement. This limit is part of, and Property, meaning property supply- not in addition to, the Limit of Insur- ing communications service, ance that applies to Business Income including telephone, radio, micro- and Extra Expense at the described wave or television services to the premises. described premises, such as: Subject to the Spoilage Limit of In- (1) Communication . transmission surance, when Equipment Breakdown lines including fiber optic coverage is provided under this Cov- transmission lines; erage Part, any amount we pay under this Extension for loss caused by (2) Coaxial cables; and contamination by a refrigerant, am- (3) Microwave radio relays, except monia or any other substance satellites. declared to be hazardous to health by c. Power Supply Services Property, a governmental agency that is itself meaning the following types of caused by or results from mechanical property supplying electricity, breakdown or failure of equipment, is steam or gas to the described included in, and does not increase premises: any Hazardous Substance Limit of In- surance that is otherwise applicable (1) Utility generating plants; under the Equipment Breakdown cov- (2) Switching stations; erage provided under this Coverage Part. (3) Substations; C. UTILITY SERVICES — BUSINESS INCOME AND (4) Transformers; and EXTRA EXPENSE (5) Transmission lines. 1. The insurance provided for: But Communication Supply Services a. The actual loss of Business In- Property and Power Supply Services come you sustain due to the Property do not include any overhead necessary "suspension" of your transmission lines. "operations" during the "period of 3. This Extension does not apply to loss restoration"; and caused by or resulting from direct b. The actual Extra Expense you incur physical loss or damage to Perishable during the "period of restoration"; Property (as defined in Section B.Z.a of the Spoilage Extension in this en- dorsement) caused by temperature or Page 2 of 3 ® 2011 Travelers Indemnity Company. All rights reserved. DX T4 17 1112 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. humidity change that results from E. RADIOACTIVE CONTAMINATION power outage due to a utility service 1. The insurance provided for: interruption, even if the interruption is a utility service interruption to a. The actual loss of Business In- which this Extension applies, come you sustain due to the 4. The most we will pay for loss in any necessary "suspension" of your one occurrence under this Extension "operations" during the "period of is the Limit of Insurance shown in restoration"; and the Schedule of this endorsement for b. The actual Extra Expense you incur Utility Services - Business Income during the "period of restoration"; and Extra Expense. This limit is part is extended to apply to the actual of, and not in addition to, the Limit amount of such loss of Business In- of Insurance that applies to Business come and Extra Expense that you Income and Extra Expense at the de- incur due to direct physical loss or scribed premises, damage to property at the described 5. With respect only to the insurance premises caused by sudden and acci- provided under this Extension, the dental radioactive contamination, phrase, at the described premises, as including resultant radiation damage used in the definition of "period of to the property. The Nuclear Hazard restoration" under Section 6.4. of the exclusion applicable to this Coverage Deluxe Business Income (and Extra Form does not apply to the insurance Expense) Coverage Form is deleted specifically provided under this Ex- and replaced by the phrase at the tension. premises of the Water, Communication 2. We will not pay for loss caused by or Power Supply Services Property. or resulting from radioactive con- D. INGRESS/EGRESS EXTENSIONS tamination if: The following changes apply to the In- a. The described premises contain: gress or Egress Coverage Extension in (1) A nuclear reactor capable of Section A.5.b. of the Deluxe Business In- sustaining nuclear fission in a come (and Extra Expense) Coverage Form: self-supporting chain reaction; 1. The 1 mile coverage radius described or in paragraph (2) is increased to 15 (2) Any new or used nuclear fuel miles; and intended for or used in such a 2. The $25,000 Limit of Insurance appli- nuclear reactor. cable to this Extension, as indicated 6. The contamination arises from ra- in paragraph (3) of this Extension and dioactive material not located at in the Declarations, does not apply. the described premises. Instead, coverage is provided up to 3, The most we will pay for loss in any the Business Income and Extra Ex- one occurrence under this Extension pense Limit of Insurance that applies is the Limit of Insurance shown in to the described premises where the the Schedule of this endorsement for ingress or egress is prevented. Pay- Radioactive Contamination. This limit ment under this Extension is included is part of, and not in addition to, the in, and will not increase the applica- Limit of Insurance that applies to ble Business Income and Extra Business Income and Extra Expense at Expense Limit of Insurance, the described premises. SCHEDULE Electronic Media and Records Limitation: ® Limitation Does Not Apply El Revised Limitation Period: days Spoilage Limit of Insurance: $25,000 unless a higher limit is shown: $ Utility Services - Business Income and Extra $25,000 unless a higher limit is Expense Limit of Insurance: shown: $ Radioactive Contamination Limit of Insurance: $25,0D0 unless a higher limit is shown: $ DX T4 17 11 12 ® 2011 Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes the copyrighted material of Insurance Services Office, Ina with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TERRORISM RISK INSURANCE ACT OF 2002 DISCLOSURE This endorsement applies to the insurance provided under the following: DELUXE PROPERTY COVERAGE PART On December 26, 2007, the President of the each Insurer's statutorily established de- United States signed into law amendments ductible, subject to the "Program Trigger", to the Terrorism Risk Insurance Act of (as defined in the Act). In no event, how- 2002 (the "Act"), which, among other things, ever, will the federal government or any extend the Act and expand its scope. The Insurer be required to pay any portion of Act establishes a program under which the the amount of aggregate Insured Losses Federal Government may partially reimburse occurring in any one year that exceeds "Insured Losses" (as defined in the Act) $100,000,000,000, provided that such Insurer caused by "acts of terrorism". An "act of has met its deductible. If aggregate insured terrorism" is defined in Section 1020) of Losses exceed $100,000,000,000 in any one the Act to mean any act that is certified year, your coverage may therefore be re- by the Secretary of the Treasury _ in con- duced. currence with the Secretary of State and The charge for Insured Losses under this the Attorney General of the United States - Coverage Part is Included in the Coverage to be an act of terrorism; to be a violent Part premium. The charge that has been in- act or an act that is dangerous to human cluded for this Coverage Part is indicated life, property, or infrastructure; to have re- below, and does not include any charge for sulted in damage within the United States, the portion of losses covered by the Fed- or outside the United States in the case of era[ Government under the Act: certain air carriers or vessels or the prem- ises of a United States Mission; and to ! 7% of your total Deluxe Property Cover- have been committed by an individual or age Part premium if your primary loca- individuals as part of an effort to coerce tion is in a Designated City (as listed the civilian population of the United States below). or to influence the policy or affect the ® 3% of your total Deluxe Property Cover- conduct of the United States Government age Part premium if your primary loca- by coercion. tion is not in a Designated City (as The federal government's share of compen- listed below). sation for Insured Losses is 85% of the amount of Insured Losses in excess of Designated Cities are: Albuquerque, NM El Paso, TX Miami, FL San Diego, CA Atlanta, GA Fort Worth, TX Milwaukee, WI San Antonio, TX Austin, TX Fresno, CA Minneapolis, MN San Francisco, CA Baltimore, MD Honolulu, HI Nashville-Davidson, TN San Jose, CA Boston, MA Houston, TX New Orleans, LA Seattle, WA Charlotte, NC Indianapolis, IN New York, NY St. Louis, MO Chicago, IL Jacksonville, FL Oakland, CA Tucson, AZ Cleveland, OH Kansas City, MO Oklahoma City, OK Tulsa, OK Colorado Springs, CO Las Vegas, NV Omaha, NE Virginia Beach, VA Columbus, OH Long Beach, CA Philadelphia, PA Washington, DC Dallas, TX Los Angeles, CA Phoenix, AZ Wichita, KS Denver, CO Memphis, TN Portland, OR Detroit, MI Mesa, AZ Sacramento, CA DX T4 02 01 05 Page 1 of 1 i i I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON This endorsement modifies insurance provided under the following: DELUXE PROPERTY COVERAGE PART A. The following is added: E. The ADDITIONAL CONDITIONS - Mort- Vehicles gage-Holders is replaced by the follow- ing: The word "vehicles" as used in this Insurance Commissioner's Regulation No. Coverage Part means vehicles running on 335IWAC-284-21-010 requires that Form land or tracks, but not aircraft. 372 (Ed. 11-50) or Form 438 BFU (Ed. 5- R. In the LOSS CONDITIONS - Appraisal, 42) be endorsed on this policy to replace the following statement does not apply: the ADDITIONAL CONDITIONS - Mort- If there is an appraisal, we will still gageholders. retain our right to deny a claim. F. Paragraph G.6.a.(3) of the Valuation Loss C. LOSS CONDITIONS - Duties In The Event Condition is replaced by the following: Of Loss Or Damage (3) We will not pay more for loss or The duty to notify the police if a law damage on a replacement cost basis may have been broken does not apply. than the least of (a), (b) or (c), subject D. Subparagraph d. of the LOSS to (4) below: CONDITIONS - Valuation in the Deluxe (a) The Limit of Insurance applicable Property Coverage Form is replaced by to the lost or damaged property; the following: (b) The amount it would cost to re- d. We will determine the value of Ten- place the damaged item at the ant's Improvements and Betterments time of the loss with new prop- in the event of loss or damage at: erty of similar kind and quality to (1) Actual cash value of the lost or be used for the same purpose on damaged property if you make the same site; or repairs within a reasonable time (c) The amount you actually spent in after loss, repairing the damage, or replacing (2) A proportion of our original cost the damaged property with new P P Yproperty of similar kind and qual- if you do not make repairs within ity. a reasonable time after loss. We will determine the proportionate If a building is rebuilt at a different value as follows: premises, the cost described in (b) ( I on cost b above is limited to the cost which a) Multiply Y the final 9 Y would have been incurred had the the number of days from the building been built at the original loss or damage to the expira- premises. tion of the lease; and G. Under the Earth Movement Exclusion, the (b) Divide the amount determined provisions pertaining to volcanic action in (a) above by the number of are deleted and replaced by the follow- days from the installation of ing: improvements to the expiration of the lease. Volcanic Action If your lease contains a renewal 1. Volcanic Action means direct loss or option, the expiration of the damage resulting from the eruption of renewal option period will replace a volcano when the loss or damage the expiration of the lease in this is caused by: procedure. a. Volcanic blast or airborne shock (3) Nothing if others pay for repairs waves; or or replacement. b. Ash, dust or particulate matter. This endorsement does not provide coverage for damage to: DX 01 26 11 12 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance services Office, Inc. with its permission. (1) Land; dence, lava flow, mud flow, earth (2) Property in the open or in open sinking, earth rising or shifting. sheds; or H. Exclusion 2.1. of the Deluxe Property Coverage Form is replaced by the fol- (3) Portions of buildings not com- lowing: pletely enclosed, or personal property contained within those I. (1) Wear and tear; buildings. (2) Rust or other corrosion, decay, All volcanic eruptions that occur deterioration, hidden or latent de- within any 168-hour period will con- fect or any quality in property stitute a single occurrence. that causes it to damage or de- l. Removal. Direct loss includes the cost stroy itself; to: (3) Smog; a Remove the ash, dust or particu- (4) Settling, cracking, shrinking, bulg- late matter from the interior and ing or expansion; exterior surfaces of the covered building; and (5) Nesting or infestation, or dis- charge or release of waste prod- b. Clean equipment and "stock". If ucts or secretions, by insects, "stock" cannot be returned to its birds, rodents or other animals; state before the volcanic eruption, the measure of loss will be the (6) Mechanical breakdown, including reduction in actual cash value. rupture or bursting caused by cen- trifugal force. But if mechanical Payment for removal applies only to breakdown results in elevator col- the initial deposit of ash, dust or lision, we will pay for the loss or particulate matter following a vol- damage caused by that elevator canic eruption. Subsequent deposits collision. arising from the movement of vol- canic dust or ash by wind or other This Exclusion does not apply to means are not covered. loss or damage to "electronic data processing equipment" or The following provision applies only "electronic data processing data to: or media". (1) Deluxe Business Income Coverage (7) The following causes of loss to Form (and Extra Expense); personal property: (2) Deluxe Business Income Coverage (a) Dampness or dryness of at- Form (without Extra Expense); and mosphere; (3) Deluxe Extra Expense Coverage (b) Changes in or extremes of Form: temperature; or The "period of restoration" arising (c) Marring or scratching. from the need for removal is the time necessary to remove the matter But if an excluded cause of loss that described with reasonable speed from is listed in Paragraphs (1) through (7) the Covered Property. above results in any of the "speci- fied causes of loss", building glass 3, Volcanic Action does not include loss caused b resulting from, contributed breakage s collapse, as provided e Y. 9 the Collapse Additional Coverage we to or aggravated by: will pay for loss or damage caused a Firer by such "specified causes of loss", building glass breakage or collapse. b. Explosion; Also if an excluded cause of loss c. Flood, surface water, waves, tides, listed in Paragraphs (1) through (5) or tidal waves, overflow of any body (7) above results in mechanical break- of water, or their spray, all down of "electronic data processing whether driven by wind or not; or equipment", we will pay for the loss or damage caused by that mechanical d. Earth movement, including but not breakdown of "electronic data proc- limited to earthquake, volcanic essing equipment". eruption, landslide, mine subsi- Page 2 of 3 ® 2011 The Travelers Indemnity Company. All rights reserved. DX 81 26 11 12 Includes copyrighted material of Insurance Services Office, Inc. with its permission. I. Exclusion 2.c. of the Deluxe Property caused by an act of domestic abuse by Coverage Form is replaced by the fol- another insured covered under this pol- lowing: icy. Dishonest or criminal act by you, any of K. Legal Action Against Us your partners, members, officers, manag- ers, employees (including leased employ- Legal Liability Coverage form. ees), directors, trustees, authorized repre- sentatives or anyone to whom you en- 2, The Legal Action Against Us Condition trust the property for any purpose: in the Deluxe Property Coverage Part (1) Acting alone or in collusion with oth- is replaced by the following: ers; or LEGAL ACTION AGAINST U5 (2) Whether or not occurring during the No one may bring a legal action hours of employment. against us under this Coverage Part This exclusion does not apply to: unless: (1) Acts of destruction of Covered Prop- a. There has been full compliance erty by your employees (including with all of the terms of this Cov- leased employees), but theft of em- erage Part; and ployees is not covered; and b. The action is brought within two (2) Loss to Covered Property if the loss years after the date on which the or damage is caused by an act of direct physical loss or damage domestic abuse by another insured occurred. covered under this policy. If this action is brought pursuant to This exclusion does not apply to carriers Sec. 3 of RCW 48.30 then 20 days for hire. prior to filing such an action, you are required to provide written notice of 1 The following is added to ADDITIONAL the basis for the cause of action to CONDITIONS - Concealment, Misrepre- us and the Office of the Insurance sentation or Fraud: Commission. Such notice may be sent This Additional Condition does not apply by regular mail, registered mail, or certified certified mail with return receipt re- to loss or damage to Covered Property quested. DX 01 26 11 12 ® 2011 The Travelers Indemnity Company. All rights reserved Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: ZLP-14T51135-13-I5 ISSUE DATE: 12/04/13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DELUXE PROPERTY COVERAGE PART AMENDATORY ENDORSEMENT ELECTRONIC VANDALISM LIMITATION ENDORSEMENT ENT This endorsement modifies insurance provided under the following: DELUXE PROPERTY COVERAGE PART When included in this policy, this endorsement also modifies insurance provided under the COMMERCIAL INLAND MARINE COVERAGE PART. SCHEDULE Electronic Vandalises Limit of Insurance, aggregate in any 12-month period of this policy. $10,000 unless a high limit is shown: $ This endorsement limits the insurance pro- The DEDUCTIBLE provisions of this pol- vided under this policy for direct physical icy continue to apply. But in no event loss or damage caused by or resulting from will the total of all applicable deductible "electronic vandalism" and for loss that is a amounts applied in any one occurrence consequence of such direct physical loss or of "electronic vandalism" be less than damage. $1,000. A. LIMITATION - ELECTRONIC VANDALISM C. ELECTRONIC VANDALISM DEFILED The following LIMITATION is added: "Electronic Vandalism", as used in this en- The most we will pay for all loss or dorsement means: damage caused directly or indirectly by 1. Willful or malicious destruction of or resulting from "electronic vandalism" computer programs, content, instruc- in any one policy year, commencing with tions or other electronic or digital the inception date of this endorsement, data stored within computer systems. is the Electronic Vandalism Limit of In- surance shown in the Schedule of this 2. Unauthorized computer code or pro- endorsement. This limit: gramming that: 1. Applies regardless of the number of a Deletes, distorts, corrupts or ma- locations, items or types of property nipulates computer programs, con- or coverages or Coverage Forms in- tent, instructions or other elec- volved- and tronic or digital data, or otherwise art of, and does not increase the results in damage to computers 2. Is P or computer systems or networks Limits of Insurance provided under to which it is introduced; this policy. 6. Replicates itself, impairing the per- But if "electronic vandalism" results in a formance of computers or com- "specified cause of loss", other than puter systems or networks- or vandalism, this limitation will not apply to the resulting loss or damage caused C. Gains remote control access to by that "specified cause of loss". data and programming within com- B. ELECTRONIC VANDALISM MINIMUM DE- Peters or computer systems or whichnetworks to it is introduced, DUCTIBLE for uses other thanthoseintended The following deductible provision is for authorized users of the com- added and applies to all coverages, in- puters or computer systems or eluding Extra Expense: networks. DX T8 98 04 02 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CH - EXCLUDED CAUSES OF LOSS This endorsement modifies insurance provided under the following: DELUXE PROPERTY COVERAGE PART A. In sections titled Covered Causes of (3) Flood, surface water, waves, tides, Loss or Exclusions, any introductory tidal waves, overflow of any body paragraph preceding an exclusion or list of water, or their spray, all of exclusions is replaced by the follow- whether driven by wind or not; ing paragraph, which pertains to those exclusions: (4) Water backing up from a sewer or drain; We will not pay for loss or damage caused by any of the excluded events (5) Water under the ground surface described below. Loss or damage will be pressing on, or flowing or seeping considered to have been caused by an through: excluded event if the occurrence of that (a) Foundations, walls, floors or event: paved surfaces; a. Directly and solely results in loss or (b) Basements, whether paved or damage; or not; o b. Initiates a sequence of events that (0 Doors, windows or other open- results in loss or damage, regardless ings. of the nature of any intermediate or final event in that sequence. But if loss or damage by a Covered B. The Weather Conditions exclusion (Para- Cause of Loss results, we will pay graph C.3.a. in the Deluxe Property Cover- age Form) is deleted and the introductory b. A weather condition which results in paragraph which precedes the exclusion the failure of power, communication, does not apply to this exclusion. The water or other utility service supplied following exclusion replaces the afore- to the described premises, if the fail- mentioned exclusion: ure: Weather Conditions (1) Originates away from the de- We will not pay for loss or damage scribed premises; or caused by or resulting from any of the (2) Originates at the described prem- following: ises, but only if such failure in- a A weather condition which results in: volves equipment used to supply the utility service to the described (1) Landslide, mudslide or mudflow; premises from a source away from the described premises. (2) Mine subsidence; earth sinking, gut if loss or damage by a Covered holerisingor shifting (other than sink- Cause of Loss results, we will pay ho collapse); for that resulting loss or damage. III IL T9 82 11 12 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 I, Includes copyrighted material of Insurance Services Office, Inc. with its permission COMMERCIAL GENERAL LIABILITY CG 21 70 01 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIEDT F TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY If aggregate insured losses attributable to "Certified act of terrorism" means an act terrorist acts certified under the federal that is certified by the Secretary of the Terrorism Risk Insurance Act exceed $10D Treasury, in concurrence with the Secretary billion in a Program Year (January 1 through of State and the Attorney General of the December 31) and we have met our insurer United States, to be an act of terrorism deductible under the Terrorism Risk Insur- pursuant to the federal Terrorism Risk In- ahce Act, we shall not be liable for the surance Act. The criteria contained in the payment of any portion of the amount of Terrorism Risk Insurance Act for a "certi- such losses that exceeds $100 billion, and fied act of terrorism" include the following: in such case insured losses up to that 1. The act resulted in insured losses in amount are subject to pro rata allocation in excess of $5 million in the aggregate, accordance with procedures established by attributable to all types of insurance the Secretary of the Treasury. subject to the Terrorism Risk Insurance Act; and 2. The act is a violent act or an act that is dangerous to human life, property or in- frastructure and is committed by an in- dividual or individuals as part of an ef- fort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. CG 21 70 01 08 o ISO Properties, Inc., 2007 Page 1 of 1 Alok TRAVELERS J One Tower Square, Hartford, Connecticut 06183 COMMERCIAL GENERAL LIABILITY POLICY NO.: 2LP-14T51135-13-15 COVERAGE PART DECLARATIONS ISSUE DATE: 12/04/13 INSURING COMPANY: TRAVELERS PROP CASUALTY CO OF AMERICA DECLARATIONS PERIOD: From 12/01/13 to 12/01/14 12:01 A.M. Standard Time at your mailing address shown in the Common Policy Declarations. The Commercial General Liability Coverage Part consists of these Declarations and the Coverage Form shown below. 1. COVERAGE ARID LIMITS OF INSURANCE: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIMITS OF INSURANCE General Aggregate Limit $2,000,000 (Other than Products-Completed Operations) Products-Completed Operations Aggregate Limit $2,000,000 Personal & Advertising Injury Limit $1,000,000 Each Occurrence Limit $1,000,000 Damage To Premises Rented to You Limit (any one premises) $300,000 Medical Expense Limit (any one person) $10,000 2. AUDIT PERIOD: ANNUAL 3. FORM OF BUSINESS: LLC 4. NUMBERS OF FORMS, SCHEDULES AND ENDORSEMENTS FORMING PART OF THIS COVERAGE PART ARE ATTACHED AS A SEPARATE LISTING. SEE IL T8 01. COMMERCIAL GENERAL LIABILITY COVERAGE IS SUBJECT TO A GENERAL AGGREGATE LIMIT PRODUCER: BROWN & BROWN OF WA INC OFFICE: ST. PAUL CG TO 01 11 03 Page 1 of 1 COMMERCIAL GENERAL LIABILITY EMPLOYEE BENEFITS LIABILITY COVERAGE FORM THIS FORM PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE FORM CAREFULLY. Various provisions in this policy restrict coverage. Read the entire policy carefully to de- termine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we," "us" and "our" refer to the Company providing this in- surance. The word "insured" means any person or organization qualifying as such under SECTION II - WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION VII - DEFINITIONS. SEMM f — BVMYEE BOMB UMUTY CGVMGE when we have used up the appli- cable limit of insurance in the 1. Inswkq Agreemm payment of judgments or settle- ments. aL We will pay those sums that the in- sured becomes legally obligated to b. This insurance applies to any negli- pay as damages because of any neg- gent act, error or omission of the in- ligent act, error, or omission of the sured, but only if a claim for dam- insured, or of any other person for ages because of the negligent act, er- whose acts the insured is legally li- ror or omission is first made against able. The negligent act, error, or any insured during the policy period. omission must be committed in the "administration" of your "employee (1) A claim by a person or organiza- benefit program." No other obligation tion seeking damages will be or liability to pay sums or perform deemed to have been made when acts or services is covered unless notice of such claim is received explicitly provided for under and recorded by any insured or by SUPPLEMENTARY PAYMENTS. This in- us, whichever comes first. surance does not apply to any negli- gent act, error, or omission which (Z All claims for damages sustained occurred before the Retroactive Date, by any one employee, including if any, shown in the Declarations or the employee's dependents and which occurs after the policy expires. beneficiaries, will be deemed to The negligent act, error or omission have been made at the time the must take place in the "coverage ter- first of those claims is made ritory." We will have the right and against any insured. duty to defend any "suit" seeking those damages. But: 2 Exclusi um (1) The amount we will pay for dam- This insurance does not apply to: ages is limited as described in SECTION III - LIMITS OF a. Loss arising out of any dishonest, INSURANCE: fraudulent, criminal or malicious act (?) We may at our discretion, investi- or omission, committed by any in- sured; gate any report of a negligent act, error or omission and settle any claim or "suit" that may result: b, "Bodily injury" or "property damage" and or "personal injury"; (3) Our right and duty to defend end CG Tt 01 07 86 Page t of 7 COMMERCIAL GENERAL LIABILITY c. Loss arising out of failure of per- EL All costs taxed against the insured in formance of contract by any insured; the "suit." tL Loss arising out of an insufficiency Pre-judgment interest awarded against of funds to meet any obligations un- the insured on that part of the judg- der any plan included in the "em- ment we pay. If we made an offer to ployee benefit program"; pay the applicable limit of insurance, we will not pay any pre- judgment e. Any claim or suit based upon: interest based on that period of time after the offer. (1) failure of any investment to per- form as represented by any in- t. All interest on the full amount of any sured, or judgment that accrues after entry of the judgment and before we have (2) advice given to any person to paid, offered to pay, or deposited in participate or not to participate in court the part of the judgment that is any plan included in the "em- within the applicable limit of insur- ployee benefit program"; ante. f. Loss arising out of your failure to These payments will not reduce the lim- comply with the mandatory provi- its of insurance. sions of any law concerning workers' compensation, unemployment insur- SEMON III - WKO IS M IMAM ante, social security or disability benefits; 1. If you are designated in the Declarations as: g. Loss for which the insured is liable because of liability imposed on a fi- a An individual, you and your spouse duciary by the Employee Retirement are insureds, but only with respect to Security Act of 1974, as now or the conduct of a business of which hereafter amended; or you are the sole owner. h Loss or damage for which benefits k A partnership or joint venture, you have accrued under the terms of an are an insured. employee benefit plan to the extent that such benefits are available from funds accrued by the insured for such c- An organization other than a partner- benefits or from collectible insurance, ship or joint venture, you are an in- notwithstanding the insured's act, er- sured. Your directors and stockholders ror or omission in administering the are also insureds, but only with re- plan which precluded the claimant spect to their liability as your direc- from receiving such benefits. tors or stockholders. 3 I N its 2 Each of the following is also an insured: We will pay, with respect to any claim a Each of your partners, executive offi- or "suit" we defend: cers and employees who is authorized to administer your "employee benefit a. All expenses we incur. program." I la Your legal representative if you die, A The cost of bonds to release attach- but only with respect to duties as ments, but only for bond amounts such. That representative will have all within the applicable limit of insur- your rights and duties under this ante. We do not have to furnish Coverage Part. these bonds. C. All reasonable expenses incurred by 3. Any organization you newly acquire or form, other than a partnership or joint the insured at our request to assist venture, and over which you maintain us in the investigation or defense of ownership or majority interest, will be the claim or "suit," including actual deemed to be a Named Insured if there loss of earnings up to $100 a day is no other similar insurance available to because of time off from work, that organization. However. Page 2 of 7 CG T1 01 07 86 COMMERCIAL GENERAL LIABILITY a Coverage under this provision is af- for purposes of determining the Limits forded only until the 90th day after of Insurance. you acquire, or form the organization or the end of the policy period, SECTION IV _ whichever is earlier: I. Coverage under this provision does 1. Our obligation to pay damages on behalf not apply to any negligent act, error of the insured applies only to the or omission that occurred before you amount of damages in excess of the de- ductible amount stated in Item 6 of the Declarations as applicable to "Each Em- ployee." The limits of insurance applica- No person or organization is an insured ble to "Each Employee" will be reduced with respect to the conduct of any cur- by the amount of this deductible. The rent or past partnership or joint venture Aggregate limit shall not be reduced by that is not shown as a Named Insured in the application of such deductible the Declarations. amount. SECTM III - LMTS IF INSLIFIAM 2 The deductible amount stated in the Dec- larations applies to all damages sus- 1. The Limits of Insurance shown in the tained by an employee because of an Declarations and the rules below fix the act, error or omission covered by this most we will pay regardless of the insurance. number of: 3. The terms of this insurance, including a. Insureds; those with respect to: h. Claims made or "suits" brought; a Our right and duty to defend any "suits" seeking those damages; and c; Persons or organizations making claims or bringing "suits." I. Your duties in the event of an act, error or omission claim, or suit apply A Acts, errors or omissions which re- irrespective of the application of the sult in loss; or deductible amount. e. Plans included in your "employee 4. We may pay any part or all of the de- benefit program"; ductible amount to effect settlement of any claim or suit and, upon notification 2 The Aggregate Limit is the most we will of the action taken, you shall promptly a for all damages because of acts, erl reimburse us for such part of the de- pay g ductible amount as has been paid by us. rors or omissions committed in the "administration" of your "employee benefit program." SEC= Y - EIRUVE BEEF" LLABILITY CONDITIONS 3. Subject to the Aggregate Limit, the Each Employee Limit is the most we will pay 1• Bfflkrway for all damages sustained by any one employee, including the employee's de- Bankruptcy or insolvency of the insured pendents and beneficiaries, because of or of the insured's estate will not re- acts, errors or omissions committed in Heve us of our obligations under this the "administration" of your "employee Coverage Part. benefit program." the Emd Of Act, BTw or W The limits of this Coverage Part apply C 'm�a@ mi,Suit separately to each consecutive annual period and to any remaining period of a You m"st see to it that we are noti- less than 12 months, starting with the beginning of the policy period shown in fled as soon as practicable of an act, the Declarations, unless the policy period error or omission which may result in a claim. Notice should include: is extended after issuance for an addi- tional period of less than 12 months. In that case, the additional period will be (1) What the act, error or omission deemed part of the last preceding period was and when it occurred. CG Tt 01 07 86 Page 3 of 7 COMMERCIAL GENERAL LIABILITY (2) The names and addresses of any final judgment against an insured ob- employees who may suffer dam- tained after an actual trial; but we will ages as a result of the act, error not be liable for damages that are not or omission. payable under the terms of this Cover- age Part or that are in excess of the ap- Notice of an act, error or omission is plicable limit of insurance. An agreed not notice of a claim. settlement means a settlement and re- lease of liability signed by us, the in- b. If a claim is received by any insured sured and the claimant or the claimant's you must: legal representative. (1) Immediately record the specifics 4. Mar hwFanm of the claim and the date re- ceived; and If other valid and collectible insurance is available to the insured for a loss we (2) Notify us as soon as practicable. cover under this Coverage Part, our obli- You must see to it that we re- gations are limited as follows: ceive written notice of the claim as soon as practicable. a Primary Insurance. c You and any other involved insured This insurance is primary except when must: paragraph 4. of Section VI - Extended Reporting Periods applies. If this in- suranceImmediately is primary, our obligations I demands, notices, summonses are not affected unless any of the y other insurance is also primary. Then, or legal papers received in con- we will share with all that other in- nection with the claim or a ' suit"; surance by the method described in b. below. (7) Authorize us to obtain records and other information; b. Method of Sharing. (3) Cooperate with us in the invest!- If all of the other insurance permits gation, settlement or defense of contribution by equal shares, we will the claim or "suit"; and follow this method also. Under this approach each insurer contributes (4) Assist us, upon our request, in the equal amounts until it has paid its enforcement of any right against applicable limit of insurance or none any person or organization which of the loss remains, whichever comes may be liable to the insured be- first. cause of damage to which this in- surance may also apply. If any of the other insurance does not permit contribution by equal d. No insureds will, except at their own shares, we will contribute by limits. cost, voluntarily make a payment, as- Under this method, each insurer's sume any obligation, or incur any ex- share is based on the ratio of its ap- pense without our consent. plicable limit of insurance to the to- tal applicable limits of insurance of 3, Leo ActiunAgWnst Us, all insurers. No person or organization has a right 5. Prowi Audit under this Coverage Part: a We will compute all premiums for a To join us as a party or otherwise this Coverage Part in accordance with bring us into a "suit" asking for our rules and rates. damages from an insured; or b. Premium shown in this Coverage Part b. To sue us on this Coverage Part as advance premium is a deposit unless all of its terms have been premium only. At the close of each fully complied with. audit period we will compute the earned premium for that period. A person or organization may sue us to recover on an agreed settlement or on a Page 4 of 7 CG T1 01 07 86 COMMERCIAL GENERAL LIABILITY Audit premiums are due and payable to a Commercial General Liability Cover- on notice to the first Named Insured, age Part attached to this policy. If the sum of the advance and audit premiums paid for the policy term is _ DMMM UMNG I6�S greater than the earned premium, we SWIM A will return the excess to the first Named Insured. {. We will provide an automatic Extended Reporting Period as described in para- r The first Named Insured must keep graph 3, or, if you purchase it, an Ex- records of the information we need tended Reporting Period Endorsement as for premium computation, and send described in paragraph 4, only if: us copies at such times as we may request. a This Coverage Part is cancelled or not renewed for any reason; or 6. la We renew or replace this Coverage By accepting this policy, you agree: Part with other insurance that has a Retroactive Date later than the one a The statements in the Declarations shown in this Coverage Part's Decla- are accurate and complete; rations. k Those statements are based upon rep- Z. If we provide an Extended Reporting Pe- resentastatetions you made to us; and riod, the following is added to paragraph 1.b. of INSURING AGREEMENT - SECTION I: c. We have issued this policy in reliance upon your representations. (3) A claim first made during the Ex- of tended Reporting Period will be deemed to have been made on the last day of the policy period pro- Except with respect to the Limits of In- vided that the claim is for dam- surance, and any rights or duties specifi- ages because of an act, error or tally assigned to the first Named in- omission that occurred before the sured, this insurance applies: end of the policy period of this policy (but not before any appli- a As if each Named Insured were the cable Retroactive Date). only Named Insured; and The Extended Reporting Period will b. Separately to each insured against not reinstate or increase the Limits who claim is made or "suit" is of insurance or extend the policy pe- brought. riod. 8. Trdwfer of Figtft of Rnmay AVint Ddws To 3. The automatic Extended Reporting Period Lk will be for 60 days, starting with the end of the policy period of this policy. If the insured has rights to recover all or part of any payment we have made This automatic Extended Reporting Period under this Coverage Part, those rights applies only if no subsequent insurance are transferred to us. The insured must You purchase applies to the claim, or do nothing after loss to impair them. At would apply but for the exhaustion of its our request, the insured will bring "suit" applicable limit of insurance. or transfer those rights to us and help us enforce them. This automatic Extended Reporting Period may not be cancelled. R. If you purchase the optional Extended � ��t of Y P P Reporting Period Endorsement, the Ex- The following conditions also apply to tended Reporting Period will be for one this Cover- age Part: year, starting with the end of the policy period of this policy. We will issue that All conditions relating cancellation, non-renewal, renewal, andd Endorsement if the first Named Insured reduction or shown in the Declarations: deletion of coverage which would apply CG T1 01 07 86 Page 5 of 7 COMMERCIAL GENERAL LIABILITY a Makes a written request for it which C. Effecting or terminating any em- we receive within 60 days after the ployee's participation in a plan in- end of the policy period; and cluded in the "employee benefit pro- gram." h. Promptly pays the additional premium when due. 2 "Bodily injury" means bodily injury, sickness or disease sustained by a per- The Extended Reporting Period Endorse- son, including death resulting from any ment will not take effect unless the ad- of these at any time. ditional premium is paid when due. If that premium is paid when due, the en- 3. "Coverage territory" means the United dorsement may not be canceled. States of America (including its territo- ries and possessions), Puerto Rico and The Extended Reporting Period Endorse- Canada. ment will also amend paragraph 4.a. of SECTION V - EMPLOYEE BENEFITS 4. "Employee" means your officers, part- LIABILITY CONDITIONS (Other Insurance) ners and employees whether actively so that the insurance provided will be employed, disabled or retired. excess over any other valid and collecti- ble insurance available to the insured, 5. "Employee benefit program" means the whether primary, excess, contingent or following plans: on any other basis, whose policy period begins or continues after the Endorse- a Group life insurance, group accident Endorse- ment takes effect. or health insurance, "profit sharing 5. We will determine the actual premium plans," pension plans and "stock sub- for the Extended Reporting Period En- other ion plans," provided that no one o dorsement in accordance with our rules other than an employee may sub- and rates. In doing so, we may take into scribe to such insurance or plans; account the following: b. Unemployment insurance, social secu- rity benefits, workers' compensation and disability benefits; b. Previous types and amounts of insur- c. Any other similar plan designated in ante; the Declaration or added thereto by endorsement. c. Limits of Insurance available under this Coverage Part for future payment 6. "Personal injury" means injury other than of damages; and "bodily injury," arising out of one or d. Other related factors. more of the following offenses: a False arrest, detention or imprison- The premium for the Extended Reporting ment Period Endorsement will not exceed 200% of the annual premium for the It Malicious prosecution; Coverage Part to which the endorsement would be attached and will be fully earned when the Endorsement takes ef- c. Wrongful entry into, or eviction of a fect. person from, a room, dwelling or premises that the person occupies; mom Vol _ WINITINS d. Oral or written publication of material that slanders or libels a person or 9. "Administration" means: organization or disparages a person's or organization's goods, products or a Counseling employees, including their services; or dependents and beneficiaries, with re- spect to the "employee benefit pro- P_ Oral or written publication of material gram"; that violates a person's right of pri- vacy. b. Handling records in connection with the "employee benefit program"; or Page 6 of 7 CG T1 01 07 86 COMMERCIAL GENERAL LIABILITY 7. "Profit sharing plans" mean only such 9 "Stock subscription plans" mean only plans that are equally available to all full such plans that are equally available to time employees. all full time employees. "Property damage" means: 10. "Suit' means a civil proceeding in which damages because of an act, error or a Physical injury to tangible property, omission to which this insurance applies including all resulting loss of use of are alleged. that property; or "Suit" includes an arbitration proceeding b. Loss of use of tangible property that alleging such damages to which you is not physically injured. must submit or submit with our consent. CG Ti 01 07 86 Page 7 of 7 TRAVELERSJ DECLARATIONS PREMIUM SCHEDULE POLICE' NUMBER: ZLP-14T51135-13-15 This Schedule applies to the Declarations for the period of 12/01/13 to 12/01/14 It shows all of your known rating classes as of the effective date. Any exceptions will be so noted. This includes all locations you own, rent or occupy. LOC/ CLASS PREMIUM OPN BLDG DESCRIPT/ BASE/ ADVANCE NO. NO. CODE MD. SUBLIME EXPOSURE RATES PREMIUM MINIMUM PREMIUMS ',.. PREM/OPS $237 PROD/C-OPS $330 '... LOB $250 EMP BEN - $300 EMP OVRHD $150 OTHER INFORMATION TECHNOLOGY 38832 PREM/OPS S 12,673,500 0.213 2,695 OTHER INFORMATION TECHNOLOGY 38832 PROD/C-OPS S 12,673,500 0.445 5,646 EMPLOYEE BENEFITS LIABILITY 92100 EMP BEN 300 EMPLOYERS OVERHEAD LIABILITY (STOP GAP) 92400 EMP OVRHD 308 COVERAGE PART TOTAL 8,949 *This class is subject to the premlops transition program If an "X" is entered in this box, these Declarations are completed on the Premium Schedule Extension CG TO 12. CG TO 07 D9 87 Page 1 of 2 LOCI CLASS PREMIUM OPN SLOG DESCRIPT/ EASE/ ADVANCE N0. N0. CODE N0. SUSLINE EXPOSURE RATES PREMIUM Page 2 of 2 CG TO 07 09 87 KEY TO DECLARATIONS PREMIUM SCHEDULE ABBREVIATIONS: CLASS DESCRIPT - means CLASS DESCRIPTION LOCIBLDG NO. - means LOCATIONIBUILDING NUMBER OPN NO. - means OPERATION NUMBER PREMIOPS - means PREMISES/OPERATIONS PRODIC-OPS - means PRODUCTS/COMPLETED OPERATIONS PREMIUM BASE: Key Letter Premium Base How Rates Apply a Area per 1,000 square feet c Total Cost per $1,000 of total cost m Admissions per 1,000 admissions 0 Total Operating Expense per $1,000 of total operating expenditures p Payroll per $1,000 of payroll s Gross Sales per $1,000 of gross sales t (see note* below) (see note* below) u Units per unit Premium base t applies for a number of rarely used premium bases. The specific base and how rates apply are shown with the Class Descrip- tion on the DECLARATIONS-PREMIUM SCHEDULE. CG TO 08 11 03 o The Travelers Indemnity Company, 2003 Page 1 of 1 TRAVELERS One Tower Square, Hartford, Connecticut D6183 EMPLOYEE BENEFITS LIABILITY POLICY NO.: ZLP-14T51135-13-15 COVERAGE PART DECLARATIONS ISSUE DATE: 12/04/13 INSURING COMPANY: TRAVELERS PROP CASUALTY CO OF AMERICA DECLARATIONS PERIOD: From 12/01/13 to 12/01/14 12:01 A.M. Standard Time at your mailing address shown in the Common Policy Declarations. The Employee Benefits Liability Coverage Part consists of these Declarations and the Cov- erage Form shown below. 1. COVERAGE AND LIMITS OF ➢NSURANCE Employee Benefits Liability Coverage Form Limits of insurance Aggregate Limit $3,000,000 Each Employee Limit $1 000 000 2. AUDIT PERIOD: ANNUAL 3. FORM OF BUS➢NESS: LLC 4. RETROACTIVE DATE: This insurance does not apply to negligent acts, errors or omissions which occurred before the Retroactive Date, if any shown below. Retroactive Date: 12/01/2013 5. EMPLOYEE BENEFIT PROGRAMS OTHER THAN THOSE LISTED IN SECTION V11 — DEFINITIONS: 6. DEDUCTIBLE: $NONE EACH EMPLOYEE T. PREMIUM COMPUTATION: Rate Estimated No. Per Estimated Minimum of Employees Employee Premium Premium 10 $300 $300 8. NUMBERS OF FORMS, SCHEDULES AND ENDORSEMENT FORMING PART OF THIS COVERAGE PART ARE ATTACHED AS A SEPARATE LISTING. SEE IL T8 01, PRODUCER: BROWN & BROWN OF WA INC OFFICE: ST. PAUL CG TO O9 09 93 v 1993 The Travelers Indemnity Company. All rights reserved Page 1 of 1 TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 00 01 10 01 SECTION I - COVERAGES Beginning on Page Coverage A - Bodily Injury and Property Insuring Agreement ................................................... 1 Damage Liability Exclusions .....................................................................2 Coverage B - Personal and Advertising Insuring Agreement ...................................................5 Injury Liability Exclusions .....................................................................5 Coverage C - Medical Payments Insuring Agreement ...................................................7 Exclusions .....................................................................7 SupplementaryPayments .......................................................................................................7 SECTION If -WHO IS AN INSURED ........................................................................................8 SECTION III - LIMITS OF INSURANCE .................................................................................10 SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS ...............................10 Bankruptcy ...............................................................................................................................10 - Duties in the Event of Occurrence. Claim or Suit .................................................10 LegalAction Against Us ...................................................................................................11 OtherInsurance ......................................................................................................................11 PremiumAudit .......................................................................................................................12 Representations ......................................................................................................................12 Separation of Insureds .....................................................................................................12 Transfer of Rights of Recovery Against Others To Us .......................................12 WhenWe Do Not Renew ...................................................................................................12 SECTION V - DEFINITIONS ........................................................................................................ 12 GG TO 34 11 03 COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict (1) The "bodily injury" or "property coverage. Read the entire policy carefully to damage" is caused by an "occur- determine rights, duties and what is and is rence" that takes place in the not covered. "coverage territory Throughout this policy the words "you" and (2) The "bodily injury" or "property "your" refer to the Named insured shown in damage" occurs during the policy the Declarations, and any other person or period; and organization qualifying as a Named Insured under this policy. The words "we", "us" and (3) Prior to the policy period, no in- "our" refer to the company providing this sured listed under Paragraph 1. of insurance. Section 11 - Who Is An Insured and no "employee" authorized by The word "insured" means any person or you to give or receive notice of organization qualifying as such under Sec- an "occurrence" or claim, knew tion 11 - Who Is An Insured. that the "bodily injury" or "prop- Other words and phrases that appear in quo- erty damage" had occurred, in tation marks have special meaning. Refer to whole or in part. If such a listed_ Section V - Definitions. insured or authorized "employee" SECTION I - COVERAGES knew, prior to the policy period, that the bodily injury" or "prop- COVERAGE A BODILY INJURY AND PROPERTY erty damage" occurred, then any DAMAGE LIABILITY continuation, change or resumption 1. Insuring Agreement of such "bodily injury" or "prop- erty damage" during or after the a We will pay those sums that the in- policy period will be deemed to sured becomes legally obligated to have been known prior to the pol- pay as damages because of "bodily icy period. injury" or "property damage" to "Bodily injury" or "property damage" which this insurance applies. We will which occurs during the policy period have the right and duty to defend the insured against any "suit" seeking and was not, prior to the policy pe- those damages. However, we will insu known to have occurred by any have no duty to defend the insured insured listed under Paragraph 1. of against any "suit" seeking damages Section I! - Who Is An Insured or for "bodily injury" or "property dam- any employee" authorized by you to age" to which this insurance does not give or receive notice of an occur- apply. We may, at our discretion, in- rence' or claim, includes any con- vestigate any "occurrence" and settle tinuation, change or resumption of any claim or "suit" that may result. that "bodily injury" or "property But. damage" after the end of the policy (i) The amount we will pay for dam- period. ages is limited as described in d. "Bodily injury" or "property damage" Section Ill - Limits Of Insurance; will be deemed to have been known and to have occurred at the earliest time when any insured listed under Para- (2) Our right and duty to defend ends graph 1. of Section 11 - Who Is An when we have used up the appli- Insured or any "employee" authorized cable limit of insurance in the by you to give or receive notice of payment of judgments or settle- an "occurrence" or claim: ments under Coverages A or E or (1) Reports all, or any part, of the medical expenses under Coverage "bodily injury" or "property dam- C' age" to us or any other insurer; No other obligation or liability to pay sums or perform acts or services is l2j Receives a written or verbal de- sums unless explicitly provided for mand or claim for damages b under Supplementary Payments - cause of the "bodily injury" or Coverages A and B. "property damage'; or b. This insurance applies to "bodily in- (3) Becomes aware by any other means that bodily injury" or jury" and "property damage" only if: CG 00 01 10 01 o ISO Properties Inc, 2000 Page 1 of 15 COMMERCIAL GENERAL LIABILITY "property damage" has occurred drinking age or under the influence or has begun to occur, of alcohol; or e. Damages because of "bodily injury (3) Any statute, ordinance or regula- include damages claimed by any per- tion relating to the sale, gift, dis- son or organization for care, loss of tribution or use of alcoholic bev- services or death resulting at any erages. time from the "bodily injury". This exclusion applies only if you are 2. Exclusions in the business of manufacturing, dis- This insurance does not apply to: tributing, selling, serving or furnishing alcoholic beverages. a. Expected Ur Intended Injury d, Workers' Compensation And Similar Laws "Bodily injury" or "property damage" Any obligation of the insured under a expected or intended from the stand- workers' compensation, disability point of the insured. This exclusion does not apply to "bodily injury" re- benefits or unemployment compensa- sulting from the use of reasonable tion law or any similar law. force to protect persons or property, e. Employer's Liability b. Contractual Liability "Bodily injury" to: "Bodily injury" or "property damage" (1) An "employee" of the insured for which the insured is obligated to arising out of and in the course pay damages by reason of the as- of: sumption of liability in a contract or (a) Employment by the insured; or agreement. This exclusion does not apply to liability for damages: (b) Performing duties related to (1) That the insured would have in the the conduct of the insured's absence of the contract or agree- business; or ment; or (2) The spouse, child, parent, brother (2) Assumed in a contract or agree- or sister of that "employee" as a ment that is an "insured contract", consequence of Paragraph (1) provided the "bodily injury" or above. "property damage" occurs subse- This exclusion applies: quent to the execution of the con- (1) Whether the insured may be liable tract or agreement. Solely for the as an employer or in any other purposes of liability assumed in capacity- and an "insured contract", reasonable . attorney fees and necessary litiga- (2) To any obligation to share dam- tion expenses incurred by or for a ages with or repay someone else party other than an insured are who must pay damages because deemed to be damages because of of the injury. "bodily injury" or "property dam- This exclusion does not apply to li- age", provided: ability assumed by the insured under (a) Liability to such party for, or an "insured contract". for the cost of, that party's t. Pollution defense has also been assumed in the same "insured contract"; (1) "Bodily injury" or "property dam- and age" arising out of the actual, al- leged or threatened discharge, dis- (b) Such attorney fees and litiga- persal, seepage, migration, release tion expenses are for defense or escape of "pollutants": of that party against a civil or alternative dispute resolution (a) At or from any premises, site proceeding in which damages or location which is or was at to which this insurance applies any time owned or occupied are alleged. by, or rented or loaned to, any C. Liquor Liability insured. However, this subpara- r$ 61 graph does not apply to: "Bodily injury" or "property damage" (1) "Bodily injury" if sustained for which any insured may be held within a building and liable by reason of: caused by smoke, fumes, (1) Causing or contributing to the in- vapor or soot from equip- toxication of any person; ment used to heat that (2) The furnishing of alcoholic bever- building; ages to a person under the legal Page 2 of 15 o ISO Properties Inc, 2000 CG 00 01 10 01 COMMERCIAL GENERAL LIABILITY 00 "Bodily injury" or "property designed to hold, store or damage" for which you receive them. This excep- may be held liable, if you tion does not apply if the are a contractor and the "bodily injury" or "property owner or lessee of such damage" arises out of the premises, site or location intentional discharge, dis- has been added to your persal or release of the fu- policy as an additional in- els, lubricants or other op- sured with respect to your erating fluids, or if such ongoing operations per- fuels, lubricants or other formed for that additional operating fluids are brought insured at that premises, on or to the premises, site site or location and such or location with the intent premises, site or location is that they be discharged, not and never was owned dispersed or released as or occupied by, or rented part of the operations being or loaned to, any insured, performed by such insured, other than that additional contractor or subcontractor; insured; or (ii) "Bodily injury" or "property (ill) "Bodily injury" or "property damage" sustained within a damage" arising out of building and caused by the heat, smoke or fumes from release of gases, fumes or a "hostile fire"; vapors from materials (d) At or from any premises, site brought into that building in or location which is or was at connection with operations any time used by or for any being performed by you or insured or others for the han- on your behalf by a con- dling, storage, disposal, proc- tractor or subcontractor; or essing or treatment of waste; (ill) "Bodily injury" or "property (c} Which are were at any time transported,, damage" arising out of handled, stored, heat, smoke or fumes from treated, disposed of, or proc- a "hostile fire". essed as waste by or for. (e) At or from any premises, site {i} Any insured; or or location on which any in- sured or any contractors or Gi) Any person or organization subcontractors working directly for whom you may be le- or indirectly on any insured's gally responsible; or behalf are performing opera- (d) At or from any premises, site tions if the operations are to or location on which any in- test for, monitor, clean up, sured or any contractors or remove, contain, treat, detoxify subcontractors working directly or neutralize, or in any way or indirectly on any insured's respond to, or assess the ef- behalf are performing opera- fects of, "pollutants". tions if the "pollutants" are (2) Any loss, cost or expense arising brought on or to the premises, out of any: site or location in connection (a) Request, demand, order or with such operations by such insured, contractor sub statutory or regulatory re- tractor. quirement that any insured or tractor. However, this is subparaara- others test for, monitor, clean graph does not apply to: up, remove, contain, treat, de- s) "Bodily injury" or "property toxify or neutralize, or in any damage" arising out of the way respond to, or assess the escape of fuels, lubricants effects of, "pollutants"; or Or other operating fluids which are needed to per- (b) Claim or "suit" by or on be- form the normal electrical, half of a governmental author- hydraulic or mechanical ity for damages because of functions necessary for the testing for, monitoring, clean- operation of "mobile ing up, removing, containing, equipment" or its parts, if treating, detoxifying or neutral- such fuels, lubricants or izing, or in any way respond- other operating fluids es- ing to, or assessing the ef- cape from a vehicle part fects of, pollutants". CG 00 In 10 01 * ISO Properties Inc, 2000 Page 3 of 15 COMMERCIAL GENERAL LIABILITY However, this paragraph does not being prepared for, any prear- apply to liability for damages be- ranged racing, speed, demolition, cause of "property damage" that or stunting activity. the insured would have in the ab- L War sence of such request, demand, order or statutory or regulatory "Bodily injury" or "property damage" requirement, or such claim or due to war, whether or not declared, "suit" by or on behalf of a gov- or any act or condition incident to ernmental authority. war. War includes civil war, insurrec- tion, rebellion or revolution. This ex- Aircraft applies only to liability as- "Bodily injury" or "property damage" sumed under a contract or agreement. arising out of the ownership, mainte- 1 Damage To Property nance, use or entrustment to others of any aircraft, "auto" or watercraft "Property damage" to: owned or operated by or rented or (1) Property you own, rent, or oc- loaned to any insured. Use includes cupy, including any costs or ex- operation and "loading or unloading". penses incurred by you, or any This exclusion applies even if the other person, organization or en- claims against any insured allege neg- tity, for repair, replacement, en- ligence or other wrongdoing in the hancement, restoration or mainte- supervision, hiring, employment, train- nance of such property for any ing or monitoring of others by that reason, including prevention of in- insured, if the "occurrence" which jury to a person or damage to caused the "bodily injury" or "prop- another's property; erty damage" involved the ownership, (2) Premises you sell, give away or maintenance, use or entrustment to abandon, if the "property damage" others of any aircraft, "auto" or wa- arises out of any part of those tercraft that is owned or operated by premises; or rented or loaned to any insured. ( Property loaned to you; This exclusion does not apply to: (1) A watercraft while ashore on (44)) Personal property in the care, cus- premises you own or rent; tody or control of the insured; (2) A watercraft you do not own that (5) That particular part of real prop- erty on which you or any contrac- is: tors or subcontractors working di- (a) Less than 26 feet long; and rectly or indirectly on your behalf (b) Not being used to carry per- are performing operations, if the sons or property for a charge; "property damage" arises out of those operations; or (3) Parking an "auto" on, or on the (5) That particular part of any prop- ways next to, premises you own erty that must be restored, re- or rent, provided the auto" is not paired or replaced because "your owned by or rented or loaned to work" was incorrectly performed you or the insured; on it. (4) Liability assumed under any "in- Paragraphs (1), (3) and (4) of this ex- sured contract" for the ownership, clusion do not apply to "property maintenance or use of aircraft or damage" (other than damage by fire) watercraft; or to premises, including the contents of (5) "Bodily injury" or "property dam- such premises, rented to you for a age" arising out of the operation period of 7 or fewer consecutive of any of the equipment listed in days. A separate limit of insurance Paragraph F.(2) or f.(3) of the defi- applies to Damage To Premises nition of "mobile equipment". Rented To You as described in Sec- h. Mobile Equipment tion III - Limits Of Insurance. "Bodily injury" or "property damage" Paragraph (2) of this exclusion does arising out of: not apply if the premises are "your work" and were never occupied, (1) The transportation of "mobile rented or held for rental by you. equipment" by an "auto" owned or operated by or rented or Paragraphs (3), (4), (5) and (5) of this loaned to any insured; or exclusion do not apply to liability as- (2) The use of "mobile equipment" in, sumed under a sidetrack agreement. or while in practice for, or while Page 4 of 15 o ISO Properties Inc, 2000 CG 00 01 10 01 COMMERCIAL GENERAL LIABILITY Paragraph (5) of this exclusion does rate limit of insurance applies to this not apply to "property damage" in- coverage as described in Section III - cluded in the "products-completed Limits Of Insurance. operations hazard". COVERAGE B PERSONAL ARID ADVERTISING fN- k. Damage To Your Product JURY LIABILITY "Property damage" to "your product" 1. Insuring Agreement arising out of it or any part of it. 1. Damage To Your Work a. We will pay those sums that the in- sured becomes legally obligated to "Property damage" to "your work" pay as damages because of "personal arising out of it or any part of it and and advertising injury" to which this included in the "products-completed insurance applies, we will have the operations hazard". right and duty to defend the insured This exclusion does not apply if the against any "suit" seeking those damaged work or the work out of damages. However, we will have no which the damage arises was per- duty to defend the insured against formed on your behalf by a subcon- any "suit" seeking damages for "per- tracter. sonal and advertising injury" to which this insurance does not apply. We m. Damage To Impaired Property Or Property may, at our discretion, investigate Not Physically Injured any offense and settle any claim or "Property damage" to "impaired prop- "suit" that may result. But: erty" or property that has not been (1) The amount we will pay for dam- physically injured, arising out of: ages is limited as described in (1) A defect, deficiency, inadequacy Section III - Limits Of Insurance; or dangerous condition in "your and product" or "your work"; or (2) Our right and duty to defend end (2) A delay or failure by you or any- when we have used up the appli- one acting on your behalf to per- cable limit of insurance in the form a contract or agreement in payment of judgments or settle- accordance with its terms. ments under Coverages A or B or This exclusion does not apply to the medical expenses under Coverage loss of use of other property arising C' out of sudden and accidental physical No other obligation or liability to pay injury to "your product" or "your sums or perform acts or services is work" after it has been put to its in- covered unless explicitly provided for tended use. under Supplementary Payments - n. Recall Of Preducts, Work Or Impaired Coverages A and B. Property b. This insurance applies to "personal Damages claimed for any loss, cost and advertising injury" caused by an or expense incurred by you or others offense arising out of your business for the foss use, withdrawal, re- but only if the offense was commit- call, inspection, repair, replacement, tee in the "coverage territory" during adjustment, removal or disposal of: the policy period. (1) "Your product"; 2. Exclusions (2) "Your work"; or This insurance does not apply to: (3) "Impaired property"; a Knowing Violation Of Rights Of Another if such product, work, or property is "Personal and advertising injuree withdrawn or recalled from the mar- caused by or at the direction of the insured with the knowledge that the ket or from use by any person or organization because of a known or act would violate the rights of an- other and would inflict "personal and suspected defect, deficiency, inade- quacy or dangerous condition in it. advertising injury". o. Personal And A Falsity Advertising Injury Material Published With Knowledge Of falsity "Bodily injury" arising out of "per- "Personal and advertising injury" aris- sonal and advertising injury". ing out of oral or written publication Exclusions G through n, do not apply to of material, if done by or at the di- damage by fire to premises while rented rection of the insured with knowledge to you or temporarily occupied by you of its falsity. with permission of the owner. A sepa- CG 00 01 10 01 o ISO Properties Inc, 2000 Page 5 of 15 COMMERCIAL GENERAL LIABILITY c. Material Published Prior To Policy Period However, this exclusion does not ap- "Personal and advertising injury" aris- ply to Paragraphs 14.a., b. and c. of ing out of oral or written publication personal and advertising injury" un- of material whose first publication der the Definitions Section. took place before the beginning of For the purposes of this exclusion, the policy period. the placing of frames, borders or d. Criminal Acts links, or advertising, for you or oth- ers anywhere on the Internet, is not "Personal and advertising injury" aris- by itself, considered the business of ing out of a criminal act committed advertising, broadcasting, publishing by or at the direction of the insured. or telecasting. e. Contractual Liability k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" for "Personal and advertising injury" aris- which the insured has assumed liabil- ing out of an electronic chatroom or ity in a contract or agreement. This bulletin board the insured hosts, exclusion does not apply to liability owns, or over which the insured ex- for damages that the insured would ercises control. have in the absence of the contract 1. Unauthorized Use Of Another's Name Or or agreement. Product f. Breach Df Contract "Personal and advertising injury" aris- "Personal and advertising injury" aris- ing out of the unauthorized use of ing out of a breach of contract, ex- another's name or product in your e- cept an implied contract to use an- mail address, domain name or meta- other's advertising idea in your "ad- tag, or any other similar tactics to vertisement". mislead another's potential customers. g. Quality Or Performance Of Goods — Pail— m. Pollution ure To Conform To Statements "Personal and advertising injury" aris- "Personal and advertising injury" aris- ing out of the actual, alleged or ing out of the failure of goods, prod- threatened discharge, dispersal, seep- ucts or services to conform with any age, migration, release or escape of statement of quality or performance "pollutants" at any time. made in your "advertisement". n. Pollution—Related h. Wrong Description Df Prices Any loss, cost or expense arising out "Personal and advertising injury" aris- of any: ing out of the wrong description of the price of goods, products or ser- (1) Request, demand or order that any vices stated in your "advertisement". insured or others test for, moni- tor, clean up, remove, contain, L Infringement Of Copyright, Patent, Trade— treat, detoxify or neutralize, or in mark Or Trade Secret any way respond to, or assess the "Personal and advertising injury" aris- effects of, "pollutants"; or ing out of the infringement of copy- (2) Claim or suit by or on behalf of a right, patent, trademark, trade secret governmental authority for dam- or other intellectual property rights. ages because of testing for, moni- However, this exclusion does not ap- toring, cleaning up, removing, con- ply to infringement, in your "adver- taining, treating, detoxifying or tisement", of copyright, trade dress neutralizing, or in any way re- or slogan. sponding to, or assessing the ef- Insureds In Media And Internet Type fects of, "pollutants". Businesses COVERAGE C MEDICAL PAYMENTS "Personal and advertising injury" 1. Insuring Agreement. committed by an insured whose busi- a- We will pay medical expenses as de- ness is: scribed below for "bodily injury" (1) Advertising, broadcasting, publish- caused by an accident: ing or telecasting; (1) On premises you own or rent; (2) Designing or determining content (2) On ways next to premises you of web-sites for others; or own or rent; or (3) An Internet search, access, con- (3) Because of your operations; tent or service provider. provided that: Page 6 of 15 o ISO Properties Inc, 2000 GG 00 01 10 01 COMMERCIAL GENERAL LIABILITY (1) The accident takes place in the K 'War "coverage territory" and during the Due to war, whether or not de- policy period; clared, or any act or condition in- (2) The expenses are incurred and re- cident to war. War includes civil ported to us within one year of war, insurrection, rebellion or the date of the accident; and revolution. (3) The injured person submits to ex- SUPPLEMENTARY PAYMENTS — COVERAGES A amination, at our expense, by AND g physicians of our choice as often 1 We will pay, with respect to any claim as we reasonably require. we investigate or settle, or any "suit" IlL We will make these payments regard- against an insured we defend: less of fault. These payments will All expenses we incur. not exceed the applicable limit of in- p surance. We will pay reasonable ex- b. Up to $250 for cost of bail bonds penses for: required because of accidents or traf- (1) First aid administered at the time fic law violations arising out of the of an accident; use of any vehicle to which the Bod- ily Injury Liability Coverage applies. (2) Necessary medical, surgical, x-ray We do not have to furnish these and dental services, including bonds. prosthetic devices; and C. The cost of bonds to release attach- (3) Necessary ambulance, hospital, ments, but only for bond amounts professional nursing and funeral within the applicable limit of insur- services. ante. We do not have to furnish 2. Exclusions these bonds. We will not pay expenses for "bodily d. All reasonable expenses incurred by injury": the insured at our request to assist a �6s Insured us in the investigation or defense of y the claim or "suit', including actual To any insured, except "volunteer loss of earnings up to $250 a day workers". because of time off from work. h. hired Person e. All costs taxed against the insured in To a person hired to do work for the "suit`. or on behalf of any insured or a f. Prejudgment interest awarded against tenant of any insured. the insured on that part of the judg- c. Injury On Normally Occupied Premises ment we pay, if we make an offer to pay the applicable limit of insurance, To a person injured on that part we will not pay any prejudgment in- of premises you own or rent that terest based on that Deriod of time the person normally occupies. after the offer. d. Workers Compensation And Similar g, All interest on the full amount of any Laws judgment that accrues after entry of To a person, whether or not an the judgment and before we have "employee" of any insured, if paid, ,offered to pay, or deposited in benefits for the "bodily injury" court the part of the judgment that is are payable or must be provided within the applicable limit of insur- under a workers` compensation or ante. disability benefits law or a similar These payments will not reduce the lim- law. its of insurance. e. Athletics Activities 2. If we defend an insured against a "suit" To a person injured while taking and an indemnitee of the insured is also part in athletics. named as a party to the "suit', we will f. Products—Completed Operations Hazard defend that indemnitee if all of the fol- p p lowing conditions are met: Included within the "products- a, The "suit' against the indemnitee completed operations hazard". seeks damages for which the insured g. Coverage A Exclusions has assumed the liability of the in- demnitee in a contract or agreement that is an "insured contract'; b. This insurance applies to such liabil- ity assumed by the insured; CG 00 01 10 01 o ISO Properties Inc, 2000 Page 7 of 15 COMMERCIAL GENERAL LIABILITY c. The obligation to defend, or the cost a We have used up the applicable limit of the defense of, that indemnitee, of insurance in the payment of judg- has also been assumed by the insured ments or settlements; or in the same "insured contract"; b. The conditions set forth above, or d. The allegations in the "suit" and the the terms of the agreement described information we know about the "oc- in Paragraph f. above, are no longer currence" are such that no conflict met. appears to exist between the inter- ests of the insured and the interests of the indemnitee; 1. If you are designated in the Declarations e. The indemnitee and the insured ask as: us to conduct and control the de- g An individual, you and your spouse fense of that indemnitee against such are insureds, but only with respect to "suit" and agree that we can assign the conduct of a business of which the same counsel to defend the in- you are the sole owner. sured and the indemnitee; and f. The indemnitee:• b. a partnership or joint venture, you are an insured. Your members, your (1) Agrees in writing to: partners, and their spouses are also insureds, but only with respect to the (a) Cooperate with us in the inves- conduct of your business. tigation, settlement or defense of the "suit"; c. A limited liability company, you are an insured. Your members are also (b) Immediately send us copies of insureds, but only with respect to the any demands, notices, sum- conduct of your business. Your man- monses or legal papers re- agers are insureds, but only with re- ceived in connection with the spect to their duties as your manag- "suit"; ers. (c) Notify any other insurer whose d• An organization other than a partner- coverage is available to the ship, joint venture or limited liability indemnitee; and company, you are an insured. Your (d) Cooperate with us with respect "executive officers" and directors are to coordinating other applicable insureds, but only with respect to insurance available to the in- their duties as your officers or direc- demnitee; and tors. Your stockholders are also in- (2) Provides us with written authorize- sureds, but only with respect to their tion to: liability as stockholders. (a? Obtain records and other in- e. A trust, you are an insured. Your formation related and the other trustees are also insureds, but only with respect to their duties as trus- and tees. (b) Conduct and control the de- 2. Each of the following is also an insured: fense of the indemnitee in such "suit". a. Your "volunteer workers" only while So long as the above conditions are performing duties related to the con- met, attorneys' fees incurred by us in duct of your business, or your "em- the defense of that indemnitee, neces- ecutplotees other than either your "ex- the litigation expenses incurred by us ganiz e officers" h you are er or- and necessary litigation expenses in- joniz vent other than a partnership, curred by the indemnitee at our request joint venture or limited liability com- will be paid as Supplementary Payments. pant) or your managers y), but only you are a limited liability companyp Notwithstanding the provisions of Para- graph Z.b.(2) of Section I - Coverage A - for acts within the scope their Bodily Injury And Property Damage Li- employment by you while per- to ability, such payments will not be forming duties related to the conduct of your business. However, none of deemed to be damages for "bodily in- these "employees" or "volunteer jury" and "property damage" and will workers" are insureds for: not reduce the limits of insurance. Our obligation to defend an insured's in- 17) "Bodily injury" or "personal and demnitee and to pay for attorneys' fees advertising injury": and necessary litigation expenses as (a) To you, to your partners or Supplementary Payments ends when: members (if you are a partner- ship or joint venture), to your members (if you are a limited Page 8 of 15 ® ISO Properties Inc, 2000 GG 00 01 10 01 COMMERCIAL GENERAL LIABILITY liability company), to a co- person is also an insured, but only with "employee" while in the course respect to liability arising out of the op- of his or her employment or eration of the equipment, and only if no performing duties related to other insurance of any kind is available the conduct of your business, to that person or organization for this or to your other "volunteer liability. However, no person or organiza- workers" while performing du- tion is an insured with respect to: ties related to the conduct of a "Bodily injury" to a co-"employee" your business; of the person driving the equipment; (b) To the spouse, child, parent, or brother or sister of that co- b, "Pro damage" "employee" or " "Property P y 9e to property owned worker" as a consequence of by, rented to, in the charge of or oc- cupied by you or the employer of any person who is an insured under (c) For which there is any obliga- this provision. tion to share damages with or g Any organization you newly acquire or repay someone else who must form, other than a partnership, joint ven- pay damages because of the ture or limited liability company, and injury described in Paragraphs over which you maintain ownership or (1)(a) or (b) above; or majority interest, will qualify as a (d) Arising out of his or her oro- Named Insured if there is no other simi- viding or failing to provide far insurance available to that organiza- professional health care ser- tion. However: vices. a. Coverage under this provision is af- (2) "Property damage" to property: forded only until the 90th day after (a1 Owned, occupied or used by, you acquire or form the organization or the end of the policy period, (b) Rented to, in the care, custody whichever is earlier; or control of, or over which b. Coverage A does not apply to "bodily physical control is being exer- injury" or "property damage" that oc- cised for any purpose by curred before you acquired or formed you, any of your "employees", the organization; and "volunteer workers", any partner r- Coverage 0 does not apply to "per- or member (if you are a partner- sonal and advertising injury" arising ship or joint venture), or any out of an offense committed before member (if you are a limited li- you acquired or formed the organize- ability company). tion. b. Any person (other than your "em- ployee" No person or organization is an insured with or ' volunteer worker"), or respect to the conduct of any current or any organization while acting as your real estate manager. Past partnership, joint venture limited li- s ability company that is not shown as a c_ Any person or organization having Named Insured in the Declarations. proper temporary custody of your SECTION Ell — LIMITS OF ISM f�(E property if you die, but only: (1) With respect to liability arising 1. The Limits of Insurance shown in the out of the maintenance or use of Declarations and the rules below fix the that property; and most we will pay regardless of the (2) Until your legal representative has number of: been appointed. a. Insureds; ill. Your legal representative if you die, b. Claims made or "suits" brought; or but only with respect to duties as C. Persons or organizations making such. That representative will have all claims or bringing "suits". your rights and duties under this 2. The General Aggregate Limit is the most Coverage Part. we will pay for the sum of: 3. With respect to "mobile equipment" reg- istered in your name under any motor vehicle registration law, any person is an h. Damages under Coverage A, except insured while driving such equipment damages because of "bodily injury" along a public highway with your per- or "property damage" included in the mission. Any other person or organiza- "products-completed operations haz- tion responsible for the conduct of such and"; and CG 00 01 10 01 ® ISO Properties Inc, 2000 Page 9 of 15 COMMERCIAL GENERAL LIABILITY c. Damages under Coverage B. (1) How, when and where the "occur- 3. The Products-Completed Operations Ag- rence" or offense took place; gregate Limit is the most we will pay (2) The names and addresses of any under Coverage A for damages because injured persons and witnesses; and of "bodily injury" and "property dam- (3) The nature and location of any in- age" included in the products-completed jury or damage arising out of the operations hazard". "occurrence" or offense. 4. Subject to 2. above, the Personal and b. If a claim is made or "suit" is Advertising Injury Limit is the most we brought against any insured, you will pay under Coverage B for the sum must: of all damages because of all "personal and advertising injury" sustained by any (1) Immediately record the specifics one person or organization. of the claim or "suit" and the 5. Subject to 2. or 3. above, whichever ap- date received; and plies, the Each Occurrence Limit is the (2) Notify us as soon as practicable. most we will pay for the sum of: You must see to it that we receive a. Damages under Coverage A• and written notice of the claim or "suit" b. Medical expenses under Coverage C as soon as practicable. because of all "bodilyinjury" "prop- You and any other involved insured 1 Y' P P- must: erty damage" arising out of any one "occurrence". (1) Immediately send us copies of Subject to 5. above, the Damage To any demands, notices, summonses 6. Sub 1 9 or legal papers received in con- Premises Rented To You Limit is the nection with the claim or "suit"; most we will pay under Coverage A for damages because of "property damage" (2) Authorize us to obtain records and to any one premises, while rented to other information; you, or in the case of damage by fire, (3) Cooperate with us in the investi- while rented to you or temporarily occu- gation or settlement of the claim pied by you with permission of the or defense against the "suit"; and owner. Subject to 5. above, the Medical Expense (4) Assist m upon our request, g the 7. Sub 1 P enforcement of any right against Limit is the most we will pay under any person or organization which Coverage C for all medical expenses be- may be liable to the insured be- cause of "bodily injury" sustained by cause of injury or damage to any one person. which this insurance may also ap- The Limits of Insurance of this Coverage ply. Part apply separately to each consecutive d. No insured will, except at that in- annual period and to any remaining period sured's own cost, voluntarily make a of less than 12 months, starting with the payment, assume any obligation, or beginning of the policy period shown in the incur any expense, other than for first Declarations, unless the policy period is ex- aid, without our consent. tended after issuance for an additional pe- riod of less than 12 months. In that case, the additional period will be deemed part of No person or organization has a right the last preceding period for purposes of under this Coverage Part: determining the Limits of Insurance. a. To join us as a party or otherwise SECTION IV — COMMERCIAL GENERAL LIABILITY bring us into a "suit" asking for CONDITIONS damages from an insured; or 1. Bankruptcy b. To sue us on this Coverage Part Bankruptcy or insolvency of the insured unless all of its terms have been P Y Y fully complied with. or of the insured's estate will not re- lieve us of our obligations under this A person or organization may sue us to Coverage Part, recover on an agreed settlement or on a 2. Duties In The Event Of Occurrence, Offense, final judgment against an insured; but we will not be liable for damages that are Claim Or Suit not payable under the terms of this a. You must see to it that we are noti- Coverage Part or that are in excess of fied as soon as practicable of an the applicable limit of insurance. An "occurrence" or an offense which agreed settlement means a settlement may result in a claim. To the extent and release of liability signed by us, the possible, notice should include: Page 10 of 15 o ISO Properties Inc, 2000 CG 00 01 10 01 COMMERCIAL GENERAL LIABILITY insured and the claimant or the claim- When this insurance is excess over ants legal representative. other insurance, we will pay only our 4. Other Insurance share of the amount of the loss, if If other valid and collectible insurance is any, that exceeds the sum of: available to the insured for a loss we (1) The total amount that all such cover under Coverages A or B of this other insurance would pay for the Coverage Part, our obligations are lim- loss in the absence of this insur- ited as follows: ante; and a. Primary Insurance (2) The total of all deductible and self-insured amounts under all that This insurance is primary except when other insurance, b. below applies. If this insurance is We will share the remaining loss, If primary, our obligations are not af- any, with any other insurance that is fected unless any of the other insur- not described in this Excess Insurance ante is also primary. Then, we will provision and was not bought spe- share with all that other insurance by cificaliy to apply in excess of the the method described in c. below. Limits of Insurance shown in the b. Excess Insurance Declarations of this Coverage Pait. This insurance is excess over: c. Method Of Sharing (1) Any of the other insurance, If all of the other insurance permits whether primary, excess, contin- contribution by equal shares, we will gent or on any other basis: follow this method also. Under this (a) That is Fire, Extended Cover- approach each insurer contributes age, Builder's Risk, Installation equal amounts until it has paid its Risk or similar coverage for applicable limit of insurance or none "your work"; of the loss remains, whichever comes first. (b) That is Fire insurance for if any of the other insurance does premises rented to you or not permit contribution by equal temporarily occupied by you shares, we will contribute by limits. with permission of the owner; Under this method, each insurer's (c) That is insurance purchased by share is based on the ratio of its ap- you to cover your liability as plicable limit of insurance to the to- a tenant for "property damage" tal applicable limits of insurance of to premises rented to you or all insurers. temporarily occupied by you 5 Premium Audit with permission of the owner; or a. We will compute all premiums for (d) If the loss arises out of the this Coverage Part in accordance with maintenance or use of aircraft, our rules and rates. "autos" or watercraft to the k Premium shown in this Coverage Part extent not subject to Exclusion as advance premium is a deposit g. of Section I - Coverage A - premium only. At the close of each Bodily Injury And Property audit period we will compute the Damage Liability. earned premium for that period and (2) Any other primary insurance avail- send notice to the first Named In- (Z) to you covering liability for sured. The due date for audit and ret- isesddamages arising out of the y for rospective premiums is the date am e operations for which you shown as the due date on the bill. If have been added as an additional the sum of the advance and audit insured by attachment of an en- premiums paid for the policy period dorsement. is greater than the earned premium, we will return the excess to the first When this insurance is excess, we Named Insured. will have no duty under Coverages A C. The first Named Insured must keep or B to defend the insured against records of the information we need any "suit" if any other insurer has a for premium computation, and send duty to defend the insured against us copies at such times as we may that "suit". If no other insurer de- request. fends, we will undertake to do so, but we will be entitled to the in- 5. Representations sured's rights against all those other By accepting this policy, you agree: insurers. CG 00 01 10 01 ® ISO Properties Inc, 2000 Page 11 of 15 COMMERCIAL GENERAL LIABILITY a The statements in the Declarations 3. "Bodily injury" means bodily injury, are accurate and complete; sickness or disease sustained by a per- b. Those statements are based upon rep- son, including death resulting from any resentations you made to us; and of these at any time. c. We have issued this policy in reliance 4. "Coverage territory" means: upon your representations. a. The United States of America (includ- 7. Separation Of Insureds ing its territories and possessions), Puerto Rico and Canada; Except with respect to the Limits of In- surance, and any rights or duties specifi- cally assigned in this Coverage Part to only if the injury or damage occurs the first Named Insured, this insurance in the course of travel or transporta- applies: tion between any places included in a. As if each Named Insured were the a above; or only Named Insured; and C. All other parts of the world if the in- b. Separately to each insured against jury or damage arises out of: whom claim is made or "suit" is (1) Goods or products made or sold brought. by you in the territory described in a, above; S. Transfer Of Rights Of Recovery Against Oth- ers To Us (2) The activities of a person whose rights to recover all home is in the territory described If the insured has ri 9 in a. above, but is away for a or part of any payment we have made short time on your business; or under this Coverage Part, those rights are transferred to us. The insured must (3) "Personal and advertising injury" do nothing after loss to impair them. At offenses that take place through our request, the insured will bring "suit" the Internet or similar electronic or transfer those rights to us and help means of communication us enforce them. provided the insured's responsibility to 9. When We Do Not Renew pay damages is determined in a "suit" on the merits, in the territory described If we decide not to renew this Coverage Part, we will mail or deliver to the first n a above or in a settlement we agree to. Named Insured shown in the Declarations written notice of the nonrenewal not 5. "Employee" includes a "leased worker". less than 30 days before the expiration "Employee" does not include a "tempo- date. rary worker". If notice is mailed, proof of mailing will B. "Executive officer" means a person hold- be sufficient proof of notice. ing any of the officer positions created SECTION V - DEFINITIONS any your charter, constitution, by-laws or any other similar governing document. 1. "Advertisement"' means a notice that is 7. "Hostile fire" means one which becomes broadcast or published to the general uncontrollable or breaks out from where public or specific market segments about it was intended to be. your goods, products or services for the purpose of attracting customers or sup- B. "Impaired property" means tangible porters. For the purposes of this defini- property, other than "your product" or tion: "your work", that cannot be used or is a Notices that are published include less useful because: material placed on the Internet or on a It incorporates "your product" or similar electronic means of communi- "your work" that is known or thought cation; and to be defective, deficient, inadequate b. Regarding web-sites, only that part of or dangerous; or a web-site that is about your goods, b. You have failed to fulfill the terms products or services for the purposes of a contract or agreement; of attracting customers or supporters if such property can be restored to use is considered an advertisement, by: 2. "Auto" means a land motor vehicle, a The repair, replacement, adjustment or trailer or semitrailer designed for travel removal of "your product" or "your on public roads, including any attached work"; or machinery or equipment. But "auto" does b Your fulfilling the terms of the con- not include mobile equipment". tract or agreement. Page 12 of 15 ® ISO Properties Inc, 2000 CG 00 01 10 01 COMMERCIAL GENERAL LIABILITY 9. "Insured contract" means: and supervisory, inspection, archi- a A contract for a lease of premises, tectural or engineering activities. However, that portion of the contract 10. "Leased worker" means a person leased for a lease of premises that indemni- to you by a labor leasing firm under an fies any person or organization for agreement between you and the labor damage by fire to premises while leasing firm, to perform duties related to rented to you or temporarily occupied the conduct of your business. "Leased by you with permission of the owner worker" does not include a "temporary is not an "insured contract"; worker". la. A sidetrack agreement; 11. "Loading or unloading" means the han- c. Any easement or license agreement, dling of property: except in connection with construe- a After it is moved from the place tion or demolition operations on or where it is accepted for movement within 50 feet of a railroad; into or onto an aircraft, watercraft or d. An obligation, as required by ordi- "auto"; nance, to indemnify a municipality, b. while it is in or on an aircraft, wa- except in connection with work for a tercraft or "auto"; or municipality; c, while it is being moved from an air- e. An elevator maintenance agreement; craft, watercraft or "auto" to the f. That part of any other contract or place where it is finally delivered; agreement pertaining to your business but "loading or unloading" does not in- (including an indemnification of a elude the movement of property by municipality In connection with work means of a mechanical device, other performed for a municipality) under than a hand truck, that is not attached to which you assume the tort liability of the aircraft, watercraft or "auto". another party to pay for "bodily in- 12. "Mobile equipment" means any of the jury" or "property damage" to a third following types of land vehicles, includ- person or organization. Tort liability ing any attached machinery or equipment; means a liability that would be im- posed by law in the absence of any a Bulldozers, farm machinery, forklifts contract or agreement. and other vehicles designed for use Paragraph €. does not include that principally off public roads; part of any contract or agreement: b, Vehicles maintained for use solely on (1) That indemnifies a railroad for or next to premises you own or rent; "bodily injury" or "property dam- c. Vehicles that travel on crawler treads; age" arising out of construction or d. Vehicles, whether self-propelled or demolition operations, within 50 not, maintained primarily to provide feet of any railroad property and mobility to permanently mounted: affecting any railroad bridge or trestle, tracks, road-beds, tunnel, (1) Power cranes, shovels, loaders, underpass or crossing; diggers or drills; or (2) That indemnifies an architect, en- (2) Road construction or resurfacing gineer or surveyor for injury or equipment such as graders, scrap- damage arising out of: ers or rollers; (a) Preparing, approving, or failing e. Vehicles not described in a, b., c. or to prepare or approve, maps, d. above that are not self-propelled shop drawings, opinions, re- and are maintained primarily to pro- ports, surveys, field orders, vide mobility to permanently attached change orders or drawings and equipment of the following types: specifications; or (1) Air compressors, pumps and gen- (b) Giving directions or instruc- erators, including spraying, weld- tions, or failing to give them, ing, building cleaning, geophysical if that is the primary cause of exploration, fighting and well ser- the injury or damage; or vicing equipment; or (3) Under which the insured, if an ar- (2) Cherry pickers and similar devices chitect, engineer or surveyor, as- used to raise or lower workers; sumes liability for an injury or 1. Vehicles not described in a_, b., c. or damage arising out of the in- d. above maintained primarily for pur- sured's rendering or failure to poses other than the transportation of render professional services, in- persons or cargo. eluding those listed in (2) above CG 00 01 10 01 o ISO Properties Inc, 2000 Page 13 of 15 COMMERCIAL GENERAL LIABILITY However, self-propelled vehicles with from premises you own or rent and the following types of permanently arising out of "your product" or attached equipment are not "mobile "your work" except: equipment" but will be considered (1) Products that are still in your "autos': physical possession; or (1) Equipment designed primarily for: (2) Work that has not yet been com- a) Snow removal; pleted or abandoned. However, "your work" will be deemed com- b) Road maintenance, but not construction or resurfacing; or pleted at the earliest of the fol- lowing times: (c) Street cleaning; (a) When all of the work called (2) Cherry pickers and similar devices for in your contract has been mounted on automobile or truck completed. chassis and used to raise or lower (b) When all of the work to be workers; and done at the job site has been (3) Air compressors, pumps and gen- completed if your contract erators, including spraying, weld- calls for work at more than ing, building cleaning, geophysical one job site. exploration, lighting and well ser- (c) When that part of the work vicing equipment. done at a job site has been 13. "Occurrence" means an accident, includ- put to its intended use by any ing continuous or repeated exposure to person or organization other substantially the same general harmful than another contractor or sub- conditions. contractor working on the 14. "Personal and advertising injury" means same project. injury, including consequential "bodily in- Work that may need service, jury', arising out of one or more of the maintenance, correction, repair or following offenses: replacement, but which is other- s False arrest, detention or imprison- wise complete, will be treated as me completed. b. Malicious prosecution; b. Does not include "bodily injury" or "property damage" arising out of: e. The wrongful eviction from, wrongful (1) The transportation of property, entry into, or invasion of the right of unless the injury or damage arises private occupancy of a room, dwell- out of a condition in or on a ve- mg or premises that a person occu- hicle not owned or operated by pies, committed by or on behalf of you, and that condition was cre- its owner, landlord or lessor; ated by the "loading or unloading" d. Oral or written publication, in any of that vehicle by any insured; manner, of material that. slanders or libels a person or organization or (Z) The existence of tools, ued unused or disparages a person's or organiza- equipment or abandoned or unused tion's goods, products or services; materials; or e. Oral or written publication, in any (3) Products or operations for which manner, of material that violates a the classification, misted in the person', right of privacy Declarations or in a policy sched- ule, states that products-completed L The use of another's advertising idea operations are subject to the Gen- in your "advertisement"; or eral Aggregate Limit. g. Infringing upon another's copyright, 17. "Property damage" means: trade dress or slogan in your adver- a. Physical injury to tangible property, tisement". including all resulting loss of use of 15. "Pollutants" mean any solid, liquid, that property. All such loss of use gaseous or thermal irritant or contami- shall be deemed to occur at the time nant, including smoke, vapor, soot, of the physical injury that caused it; fumes, acids, alkalis, chemicals and or waste. Waste includes materials to be h Loss of use of tangible property that recycled, reconditioned or reclaimed. is not physically injured. All such 16, "Products-completed operations hazard": loss of use shall be deemed to occur a Includes all "bodily injury" and at the time of the "occurrence" that "property damage" occurring away caused it. Page 14 of 15 e, ISO Properties Inc, 2000 CG 00 01 10 01 COMMERCIAL GENERAL LIABILITY For the purposes of this insurance, elec- (a) You; tronic data is not tangible property. (b) Others trading under your As used in this definition, electronic name; or data means information, facts or pro- grams stored as or on, created or used (c) A person or organization on, or transmitted to or from computer whose business or assets you software, including systems and applica- have acquired; and tions software, hard or floppy disks, CD- (2) Containers (other than vehicles), ROMS, tapes, drives, cells, data process- materials, parts or equipment Tur- ing devices or any other media which nished in connection with such are used with electronically controlled goods or products. equipment. b. Includes: 19. "Suit" means a civil proceeding in which (1} warranties or representations damages because of "bodily injury", p "property damage" or "personal and ad- made at any time with respect to vertising injury" to which this insurance the fitness, quality, durability, per- applies are alleged. "Suit" includes: formance or use of "your prod- An arbitration uct"; and proceeding in which such damages are claimed and to (2) The providing of or failure to which the insured must submit or provide warnings or instructions. does submit with our consent; or c, Does not include vending machines or b. Any other alternative dispute resolu- other property rented to or located tion proceeding in which such dam- for the use of others but not sold. ages are claimed and to which the 22. "Your work": insured submits with our consent. a. Means: 19. "Temporary worker" means a person who is furnished to you to substitute for (1) work or operations performed by a permanent "employee" on leave or to you or on your behalf; and meet seasonal or short-term workload (2) Materials, parts or equipment fur- conditions. nished in connection with such 20. "Volunteer worker" means a person who work or operations. is not your "employee", and who do- b. Includes: nates his or her work and acts at the di- rection of and within the scope of duties 11) warranties or representations determined by you, and is not paid a made at any time with respect per- fee, salary or other compensation by the fitness, quality, durability,formance or use of "your work", you or anyone else for their work per- and formed for you. 21. "Your product": (2) The providing of or failure to provide warnings or instructions, a Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: CG 00 01 10 01 c ISO Properties Inc, 2000 Page 15 of 15 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE RUB IT CAREFULLY. AMENDMENT OF COVERAGE - POLLUTION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS monitor, clean up, remove, contain, Paragraph f.(Z) Pollution, Part 2. Exclusions of treat, detoxify or neutralize, or in any way respond to, or assess the SECTION I — COVERAGES, COVERAGE A BODILY effects of, "pollutants"; or INJURY ARID PROPERTY DAMAGE LIABILITY is deleted and replaced by the following: (b) Claim or "suit" by or on behalf of a governmental authority because (2) Any loss, cost or expense arising out of testing for, monitoring, cleaning of any: up, removing, containing, treating, (a) Request, demand, order or statu- detoxifying or neutralizing, or in any or regulatory requirement that any way responding to, assess any insured or others test for, ing the effects of "pollutants". CG m2 55 11 03 o 2OD3 The Travelers Indemnity Company. Page 1 of I COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANSES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF PROPERTY DAMAGE DEFINITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following replaces the definition of "property damage" in the DEFINITIONS sec- tion: "Property damage" means: a. Physical damage to tangible property of others, including all resulting loss of use of that property. All such loss of use will be deemed to occur at the time of the physical damage that caused it; or b. Loss of use of tangible property of oth- ers that is not physically damaged. All such loss of use will be deemed to oc- cur at the time of the "occurrence" that caused it. For the purposes of this insurance, data, in- cluding information, facts or programs in any electronic or other format, is not tangi- ble property. CG 64 19 07 08 ® 2008 The Travelers Companies, Inc. Page 1 of 1 i COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REM IT CAREFULLY. AMENDMENT - OTHER INSURAN0E CONDITION AND MEANING OF OTHER INSURANCE, OTHER INSURER AND INSURER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS gram, including any failure to buy in- 1. The followingreplaces the art of the in- surance, or decision to not buy insur- P P ante, for any reason, in which case first paragraph of Paragraph 4., Other In- the insured will be deemed to be the surance, of SECTION IV - COMMERCIAL provider of other insurance; or GENERAL LIABILITY CONDITIONS that pre- cedes Paragraph a.: (v) Any similar risk transfer or risk man- agement method. If valid and collectible other insurance is available to the insured for a loss we Other insurance does not include umbrella cover under Coverages A or B of this insurance, or excess insurance, that was Coverage Part, our obligations are limited bought specifically to apply in excess of as described in Paragraphs a. and b. be- the Limits of Insurance shown in the low. Declarations of this Coverage Part. As used anywhere in this Coverage Part, As used anywhere in this Coverage Part, other insurance means insurance, or the other insurer means a provider of other funding of losses, that is provided by, nsurance. As used in Paragraph C. be- through or on behalf of: low, insurer means a provider of insur- ance. G) Another insurance company; 2. The first Subparagraph (2) of Paragraph 00 Us or any of our affiliated insurance 41., Excess Insurance, of SECTION IV - companies, except when the Non cu- COMMERCIAL GENERAL LIABILITY CONDITIONS mulation of Each Occurrence Limit regarding any other primary insurance provision of Paragraph 5. of Section available to you is deleted. III - Limits. Of Insurance or the Non The following is added to Paragraph 4.b., cumulation of Personal and Advertis- The Insurance, of o Paragraph IV - graInjury Limit provision is Para- COMMERCIAL GENERAL LIABILITY CONDITIONS: graph 4. of Section III - Limits of In- surance applies because the Amend- This insurance is excess over any of the ment - Non Cumulation Of Each Oc- other insurance, whether primary, excess, currence Limit Of Liability and Non contingent or on any other basis, that is Cumulation Of Personal and Advertis- available to the insured when the insured ing Injury Limit endorsement is in- is added as an additional insured under cluded in this policy; any other policy, including any umbrella (Ili) Any risk retention group; or excess policy. (iv) Any self-insurance method or pro- CG D4 20 07 08 o 2008 The Travelers Companies, Inc. Page 1 of 7 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF SUPPLEMENTARY PAYMENTS TAXED COSTS AND APPEAL BONDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. The following replaces Paragraph 1.e. of SUPPLEMENTARY PAYMENTS - COVERAGES A AND R of SECTION I - COVERAGES: 2 All costs taxed against the insured in the "suit', but only for that part of the judgment we pay. 2, The following is added to Paragraph f. of SUPPLEMENTARY PAYMENTS - COVERAGES A AND R of SECTION I - COVERAGES: We will also pay, with respect to any claim we investigate or settle, or any "suit' against an insured we defend, the cost of any required appeal bond for any judgment that we appeal, but only for bond amounts for that part of the judg- ment that is for damages to which this insurance applies and which are within the applicable limit of insurance. We will pay, or reimburse the insured for, the cost of a higher appeal bond amount if we are required to do so under the law that applies. We do not have to furnish these bonds. These payments will not reduce the limits of insurance. CG ®4 22 07 08 ® 2008 The Travelers Companies, Inc. Page 8 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS ® PRIMARY AND NON-CONTRIBUTORY WITH RESPECT TO CERTAIN OTHER INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 4. a., named insured, and we will not share with Prlmarg Insurance, of SECTION IV — that other insurance, provided that: COMMERCIAL GENERAL LIABILITY CONDITIONS: (1) The "bodily injury" or "property damage" However, if you specifically agree in a writ- for which coverage is sought is caused ten contract or agreement that the insurance by an "occurrence" that takes place; and afforded to an additional insured under this (2) The "personal injury" or "advertising in- Coverage Part must apply on a primary ba- jury" for which coverage is sought arises sis, or a primary and non-contributory basis, out of an offense that is committed; this insurance is primary to other insurance that is available to such additional insured subsequent to the signing and execution of which covers such additional insured as a that contract or agreement by you. CG D4 25 07 08 v 2008 The Travelers Companies, Inc. Page 1 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COVERAGE S - PERSC+NAL AND ADVERTISING INJURY LIABILITY _ TECHNOLOGY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS Paragraph 21.(2) of Section I - Cover- age A - Bodily Injury And Property A AMENDMENT OF DEFINITION OF PERSONAL Damage Liability or Paragraph 2,e. of A16V ADVERTISING INJURY Section I _ Coverage 0 _ Personal and The following replaces the definition of Advertising Injury Liability, such pay- "personal and advertising injury" in the meats will not be deemed to be dam- DEFINITIONS Section: ages because of "bodily injury", "Personal and advertisin in means "property damage" or "personal in- 9 1ur y„ jury' , and will not reduce the limits "personal injury" or "advertising injury". of insurance. B. AMENDMENT OF CONTRACTUAL LIABILITY 3. The following replaces the first para- EXCLUSION - EXCEPTION FOR DAMAGES graph of Paragraph f, of the definition BECAUSE OF PERSONAL INJURY ASSUMED BY of "insured contract" in the NAMED INSURED 1114 AN INSURED CONTRACT DEFINITIONS Section: t The following is added to Exclusion f. That part of any other contract or e,, Contriactual Liability, in Paragraph 2. agreement pertaining to your busi- of SECTION 1 COVERAGES - COVERAGE ness (including an indemnification 0 PERSONAL AND ADVERTISING INJURY of a municipality in connection LIABILITY: with work performed for a munici- This exclusion also does not apply to pality) under which you assume the liability for damages because of "per- tort liability of another party to sonal injury" assumed by you in a pay for "bodily injury", "property contract or agreement that is an "in- damage" or injury" to a sured contract", provided that the third party "personal injury" is caused by an of- liability means organization. a rganirganization. Tort ability that would be imposed by law fence committed subsequent to the the absence of any contract or agree- execution of the contract or agree- ment. Solely for the purposes of li- ability assumed by you in an "insured C. DELETION OF EXCLUSIONS J. AND K. contract", reasonable attorney fees t Exclusion j., Insureds In Media And and necessary litigation expenses in- Internet Type Businesses, in Paragraph 2. insure by or for a party other than an of SECTION I - COVERAGES - COVERAGE insured will be deemed to be dam- ages because of "personal injury", B PERSONAL AND ADVERTISING INJURY provided that: LIA011LITY is deleted. (1) Liability to such party for, or for 2. Exclusion k., Electronic Chatrooms Or the cost of, that party's defense Bulletin Beards, in Paragraph 2. of has also been assumed by you in SECTION I - COVERAGES - COVERAGES the same "insured contract"; and PERSONAL AND ADVERTISING INJURY (2) Such attorney fees and litigation LIABILITY is deleted. expenses are for defense of that D. AMENDMENT OF OTHER EXCLUSIONS party against a civil or alternative 1 The followingreplaces Exclusion b, dispute resolution proceeding i- Material Published p With Knowledge Df which damages re which this in- Falsity, in Paragraph O surance applies are alleged. tY 9 P 2. of SECTION I - 2. The following replaces the third sen- COVERAGES - COVERAGE B PERSONAL fence of Paragraph 7., of AND ADVERTISING INJURY LIABILITY: SUPPLEMENTARY PAYMENTS - b ial Published With Knowledge Of COVERAGES A AND B: Falsity Notwithstanding the provisions of "Personal injury" or "advertising injury" arising out of oral or writ- CG D4 36 09 03 o 2008 The Travelers Companies, Inc. Page I of 3 Includes copyrighted material of Insurance Services Office, Ina with its permission I I 1 ten publication, including publica- stated in your "advertisement". tion by electronic means, of mate- 6. The following replaces Exclusion i., rial, if done by or at the direction Infringement OF Co r Patent Trade- its falsity. mark, Or Trade Secret, in Paragraph 2. of SECTION 1 - COVERAGES - COVERAGE 2. The following replaces Exclusion c., B PERSONAL AND ADVERTISING INJURY Material Published Prior To Policy Period, LIABILITY; in Paragraph 2. of SECTION I - COVERAGES - COVERAGE B PERSONAL I. Intellectual Property AND ADVERTISING INJURY LIABILITY: "Personal injury' or "advertising c. Material Published Or Used Prior To injury" arising out of any actual or Policy Period alleged infringement or violation of any of the following rights or (1) "Personal injury" or "advertis- laws, or any other "personal in- ing injury" arising out of oral jury" or "advertising injury" al- or written publication, including leged in any claim or "suit" that publication by electronic also alleges any such infringement means, of material whose first or violation: publication took place before (1) Copyright; the beginning of the policy pe- riod; or (2) Patent; (2) "Advertising injury" arising out (3) Trade dress; of infringement of copyright, "title" or "slogan" in your "ad- vertisement" (4) Trade name; whose first in- (5) Trademark; fringement in your "advertise- ment" was committed before (6) Trade secret; or the beginning of the policy pe- (7) Other intellectual property riod. rights or laws. 3. The following replaces Exclusion I., This exclusion does not apply to: Breach OF Contract, in Paragraph 2. of SECTION I - COVERAGES - COVERAGE B (1) "Advertising injury" arising out PERSONAL ARID ADVERTISING INJURY of any actual or alleged in- LIABILITY: fringement or violation of an- other's copyright, "title" or f. Breach Of Contract "slogan" in your "advertise- "Advertising injury" arising out of ment"; or a breach of contract. (2) Any other "personal injury" or 4. The following replaces Exclusion g., "advertising injury" alleged in Quali Or Performance of Goods - Fail- any claim or "suit" that also tY alleges any such infringement ure To Conform To Statements, in Para- or violation of another's copy- graph 2. of SECTION I - COVERAGES - right, "title" or "slogan" in COVERAGE B PERSONAL AND ADVERTISING your "advertisement". INJURY LIABILITY. E. AMENDMENT OF WHO IS AN INSURED g. Duality Or Performance Of Goods - The following replaces the introductory Failure To Conform To Statements phrase of Paragraph 2.a(1) of SECTION H - "Advertising injury" arising out of WHO IS AN INSURED: the failure of goods, products or services to conform with any (1) "Bodily injury" or "personal injury": statement of quality or perform- F. AMENDMENT OF LIMITS OF INSURANCE ance made in your "advertise- ment". The following replaces Paragraph 4. of 5. The following replaces Exclusion h., SECTION III - LIMITS OF INSURANCE: Wrong Description Of Prices, in Para- Subject to 2. above, the Personal and graph 2. of SECTION I - COVERAGES - Advertising Injury Limit is the most we COVERAGE B PERSONAL AND ADVERTISING will pay under Coverage R for the sum INJURY LIABILITY: of all damages because of all "personal injury" and advertising injury" sustained h. Wrong Description Of Prices by any one person or organization. "Advertising injury" arising out of G. ADDITIONAL DEFINITIONS the wrong description of the price The following of goods, products or services g is added to the DEFINITIONS Page 2 of 3 o 2008 The Travelers Companies, Inc. CG 1:4 36 07 08 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Section; a person occupies, provided that "Advertising injury": the wrongful eviction, wrongful en- try or invasion of the right of pri- g. Means injury, other than "personal in- vate occupancy is committed by jury", caused by one or more of the or on behalf of the owner, land- following offenses: lord or lessor of that room, dwell- (1) Oral or written publication, includ- ing or premises; ing publication by electronic (4) Oral or written publication, includ- means, of material in your "adver- ing publication by electronic tisement" that slanders or libels a means, of material that slanders or person or organization or dispar- libels a person or organization or ages a person's or organization's disparages a person's or organiza- goods, products or services, pro- tion's goods, products or services, vided that the claim is made or provided that the claim is made or the "suit" is brought by a person the "suit" is brought by a person or organization that claims to have or organization that claims to have been slandered or libeled, or that been slandered or libeled, or that claims to have had its goods, claims to have had its goods, products o; services disparaged; products or services disparaged; or (2) Oral or written publication, includ- (5) Oral or written publication, includ- ing publication by electronic ing publication by electronic means, of material in your "adver- means, of material that: tisement" that: (a) Appropriates a person's name, (a) Appropriates a person's name, voice, photograph or likeness; voice, photograph or likeness; (b) Unreasonably places a person (b) Unreasonably places a person in a false light; or in a false light; or (C) Discloses information, about a W Discloses information about a person's private life. person's private life; or b. Includes "bodilyin'u 1 ry" caused by (3) infringement of copyright, "title" one or more of the offenses do- or "slogan" in your "advertise- scribed in Paragraph a. above. ment", provided that the claim is "Slogan": made or the "suit" is brought by a person or organization that claims a. Means a phrase that others use for ownership of such copyright, "ti- the purpose of attracting attention in tle" or "slogan". their advertising. b. Includes "bodily injury" caused by b. Does not 'include a phrase used as, or one or more of the offenses de- in, the name of; scribed in Paragraph a. above. "Personal injury": (7) Any person or organization, other Y"� than you; or a. Means injury, other than "advertising (2) Any business, or any of the prem- injury", caused by one or more of the ises, goods, products, services or following offenses: work, of any person or organiza- (1) False arrest, detention or impris- tion, other than you. onment; "Title" means a name of a literary or (2) Malicious prosecution; artistic work. (3) The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that CG D4 36 07 08 c) 2008 The Travelers Companies, Inc. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission COMMERCIAL GENERAL LIABILITY POLICY NUMBER: ZLP-14T51135-13-T5 ISSUE DATE: 12/04/13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REM IT CAREFULLY. EMPLOYERS OVERHEAD LIABILITY This modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE LIST OF STATES WA LIMITS OF INSURANCE BODILY INJURY BY ACCIDENT $1,000,000 EACH ACCIDENT BODILY INJURY BY DISEASE $1,000,000 AGGREGATE BODILY INJURY BY DISEASE $1,000,000 EACH EMPLOYEE None of the terms of the Coverage Part to ployee's" last day of last exposure to which this endorsement is attached apply to the conditions causing or aggravating the insurance provided by this endorsement, such "bodily injury" by disease must except for the COMMON POLICY occur during the endorsement period. CONDITIONS and Section IV - COMMERCIAL If you are sued, the original "suit" GENERAL LIABILITY CONDITIONS, and any related legal actions for SECTION I - COVERAGE damages for "bodily injury" by acci- dent or disease must be brought in 1. Insuring Agreement the United States of America, its ter- This insurance applies to '"bodily injury" ritories or possessions, or Canada. by accident or "bodily injury" by disease 2. We Will Pap to your "employees". "Bodily injury" in- cludes resulting death. We will pay all sums you legally must a The "bodil injury" must arise out of pay as damages because of "bodily in- Y 1 Y'" jury" to your employees", provided the and in the course of the injured "em- "bodily injury" is covered by this insur- ployee's" employment by you. ance. No other obligation or liability to b. The employment must be necessary pay sums or perform acts or services is or incidental to your work in the covered unless explicitly provided for state(s) listed in the Schedule above. under Paragraph 5. Supplementary Pay- ments of this COVERAGE Section. c. You must maintain for the "em- ployee" full Workers Compensation The damages we will pay, where recov- Insurance coverage in the Workers ery is permitted by law, include damages: Compensation State Fund of the a� for which you are liable to a third state(s) listed in the Schedule above party by reason of a claim or "suit" during the term of this insurance or against you by that third party to re- shall be a qualified self insurer ap- cover the damages claimed against proved by the State Workers Com- such third party as a result of injury pensation Commission and in good to your "employee ;standing. b. for care and loss of services; and it "Bodily injury" by accident must oc- cur during the endorsement period. c. for consequential "bodily injury" to a spouse, child, parent, brother or sister e. "Bodily injury" by disease must be of the injured "employee"; caused or aggravated by the condi- tions of your employment. The "em- provided that these damages are the di- GN 01 13 11 03 o 2003 The Travelers Indemnity Company Page 1 of 4 rect consequence of "bodily injury" that United States of America, its territo- arises out of and in the course of the in- ries or possessions, and Canada. This jured "employee's" employment by you; exclusion does not apply to "bodily and injury" to a citizen or resident of the d. because of "bodily injury" to your United States of America or Canada who "employee" that arises out of and in s temporarily outside these the course of employment, claimed countries; against you in a capacity other than h. Damages arising out of coercion, as an employer. criticism, demotion, evaluation, reas- signment, discipline, defamation, har- assment, humiliation, discrimination We have the right and duty to defend against or termination of any "em- you, at our expense, against any claim, ployee", or any personnel practices, proceeding or "suit" seeking damages policies, acts or omissions; payable by this insurance. We have the E. "Bodily injury" to any person in work right to investigate any "bodily injury" subject to the Longshore and harbor and settle these claims, proceedings and Workers` Compensation Act (33 USC "suits". Sections 901-950), the Nonappropriated The amount we will pay for damages is Fund Instrumentalities Act (5 USC limited as described in LIMITS OF Sections 8171-8173), the Outer Conti- INSURANCE (Section 111). nental Shelf Lands Act (43 USC Sec- tions 1331-1356), the Defense Base We have no duty to defend you against Act (42 USC Sections 1651-1654), the a claim, proceeding or "suit" that is not Federal Coal Mine Health and Safety covered by this insurance. We have no Act of 1969 (30 USC Sections 901- duty to defend or continue defending you 942), any other federal workers or after we have paid our applicable limit workmen's compensation law or other of liability under this insurance. federal occupational disease law, or 4 Exclusions any amendments to these laws; This insurance does not apply to: j. "Bodily injury" to any person in work subject to the Federal Employers' Li- s Liability assumed under a contract or ability Act (45 USC Sections 51-60), agreement. This exclusion does not any other federal laws obligating an apply to a warranty that your work employer to pay damages to an "em- will be done in a workmanlike man- ployee" due to "bodily injury" arising ner, out of or in the course of employ- b. Punitive or exemplary damages be- meat, or any amendments to those cause of "bodily injury" to an "em- laws` ployee" employed in violation of law; k. "Bodily injury" to a master or mem- c. "Bodily injury" to an "employee" ber of the crew of any vessel; while employed in violation of law 1. Fines or penalties imposed for viola- with your actual knowledge or the ac- tion of federal or state law,• tual knowledge of any of your part- ners (if you are a partnership), your M. Damages payable under the Migrant "executive officers" (if you are an and Seasonal Agricultural Worker Pro- organization other than a partnership, tection Act (29 USC Sections 1801- joint venture or limited liability com- 1872) and under any other federal law pany), your members or managers (if awarding damages for violation of you are a joint venture or limited li- those laws or regulations issued ability company) or your trustees (if thereunder, and any amendments to you are a trust); these laws. t1. Any obligation imposed by a Workers 5. SuPp€emeOtarY PsYmeRtS Compensation, occupational disease, We will pay with respect to any claim unemployment compensation, or djs- we investigate or settle, or any "suit" ability benefits law, or any similar against an insured we defend; law; a Reasonable expenses incurred at our e. "Bodily injury" intentionally caused or request, but not loss of earnings; aggravated by you; $. An damages for "bodily injury" with b. Premiums for bonds to release at- Y g Y l Y"" tachments and for appeal bonds in respect to which the insured is de- bond amounts up to the limit of our prived of any defense or defenses; liability under this insurance; g. "Bodily injury" occurring outside the Page 2 of 4 ® 2003 The Travelers Indemnity Company GN 01 13 11 03 c. Litigation costs taxed against you; rent or past partnership, joint venture or d Interest on a judgment as required b limited liability company that is not J 9 q y shown as a Named Insured in the Decla- law until we offer the amount due rations of the Coverage Part to which under this insurance; and this endorsement is attached. e. Expenses we incur. SECTION III - LINTS OF INSURANCE These payments will not reduce the Lim- j, The Limits of Insurance shown in the its of Insurance. Schedule above and the following rules SECTION H - WHO IS AN INSURED fix the most we will pay regardless of the number of: 1. If you are designated in the Declarations of the Coverage Part to which this en- a Insureds; dorsement is attached as: b. Claims made or "suits" brought; or a. An individual, you and your spouse C, Persons or organizations making are insureds, but only with respect to claims or bringing "suits". the conduct of a business of which you are the sole owner. 2. The Bodily Injury by Accident - Each Ac- IL A partnership or joint venture, you cidefit limit is the most we will pay for are an insured. Your members, your all damages because of "bodily injury" p to one or more "employees" in any one partners, and their spouses are also insureds, but only with respect to the accident. A disease is not bodily injury" conduct of your business. by accident unless it results directly from "bodily injury" by accident. C. A limited liability company, you are an insured. Your members are also in- 3. The Bodily Injury by Disease _ Aggregate sureds, but only with respect to the damages because of "bodily injury" by ll conduct of your business. Your man- disease, regardless of the number of specs are insureds, but only with re- "employees" who sustain "bodily injury" spect to their duties as your manag by disease; ers. d. An organization other than a partner- 4. The Bodily Injury by Disease _ Each Em- ship or joint venture or limited liabil- ployee limit is the most we will pay for ity company, you are an insured. Your all damages because of "bodily injury" "executive officers" and directors are by disease to any one "employee", sub- insureds, but only with respect to ject to 3, above. their duties as your officers or direc- Under parts 3. and 4. above, "bodily injury" tors. Your stockholders are also in- by disease does not include disease that re- sureds, but only with respect to their suits directly from "bodily injury" by acci- liability as stockholders. dent. e. A trust, you are an insured. Your trus- The limits of this insurance apply separately tees are also insureds, but only with to each consecutive annual period and to respect to their duties as trustees. any remaining period of less than 12 2. Any organization you newly acquire or months, starting with the beginning of the form, other than a partnership, joint ven- endorsement period, unless the endorsement ture or limited liability company, and period is extended after issuance for an ad- over which you maintain ownership or ditional period of less than 12 months. In majority interest, will qualify as a Named that case, the additional period will be Insured if there is no other similar incur- deemed part of the last preceding period for ance available to that organization. How- purposes of determining the Limits of Insur- ever: ance. a Coverage under this provision is af- SECTION Ind - DEFINITIONS forded only until the 90th day after 1, "Bodily Injury" means bodily injury, sick- you acquire or form the organization, ness or disease sustained by a person, or the end of the endorsement period, including death resulting from any of whichever is earlier; these at any time. b. Coverage does not apply to "bodily 2. "Employee" includes a "leased worker". injury" that occurred before you ac- "Employee" does not include a "tempo- quired or formed the organization. rary worker". No person or organization is an insured 3. "Executive officer" means a person hold- with respect to the conduct of any cur- ing any of the officer positions created GN D1 11 13 03 © 2003 The Travelers Indemnity Company Page 3 of 4 by your charter, constitution, by-laws or IL Any other alternative dispute resolu- any other similar governing document. tion proceeding in which such dam- 4. "Leased worker" means a person leased ages are claimed and to which you to you by a labor leasing firm under an submit with our consent. agreement between you and the labor S. "Temporary worker" means a person who leasing firm, to perform duties related to is furnished to you to substitute for a the conduct of your business. "Leased permanent "employee" on leave or to worker" does not include a "temporary meet seasonal or short-term workload worker". conditions. 5. "Suit" means a civil proceeding in which a, "Workers Compensation Laws" means damages because of "bodily injury" to the workers or workmen's compensation which this insurance applies are alleged. law and occupational disease law of "Suit" includes: each state or territory. It includes any a. An arbitration proceeding in which amendments to that law which are in such damages are claimed and to effect during the endorsement period. It does not include the provisions of any which you must submit or do submit which our consent; or law that provides non-occupational dis- witability benefits. Page 4 of 4 o 2003 The Travelers Indemnity Company GN D7 13 11 03 COMMERCIAL GENERAL LIABILITY TINS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - NON CUMULATION OF EACH OCCURRENCE LIMIT OF LIABILITY AND NON CUMULATION OF PERSONAL AND ADVERTISING INJURY LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Paragraph 5 of SECTION III - LIMITS OF 2. Paragraph 4 of SECTION III - LIMITS OF INSURANCE, is amended to include the INSURANCE, is amended to include the following: following: Non cumulation of Each Occurrence Limit Non cumulation of Personal and Advertis- - If one "occurrence" causes "bodily in- ing Limit - If "personal injury" and/or jury" and/or "property damage" during "advertising injury" is sustained by any the policy period and during the policy one person or organization during the period of one or more prior and/or future policy period and during the policy pe- policies that include a commercial gen- riod of one or more prior and/or future eral liability coverage part for the in- policies that include a commercial gen- sured issued by us or any affiliated in- eral liability coverage part for the in- surance company, the amount we will sured issued by us or any affiliated in- pay is limited. This policy's Each Occur- surance company, the amount we will rence Limit will be reduced by the pay is limited. This policy's Personal In- amount of each payment made by us and jury and Advertising Injury Limit will be any affiliated insurance company under reduced by the amount of each payment the other policies because of such "oc- made by us and any affiliated insurance currence". company under the other policies because of such "personal injury" and/or "adver- tising injury". CG D2 03 12 97 o 1997 The Travelers Indemnity Company. Page I of t COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TECHNOLOGY XT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, cover- age for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A Reasonable Force Property Damage - J. Blanket Additional Insured - Lessors Of Exception To Expected Or Intended In- Leased Equipment jury Exclusion B. Non-Ovvned Watercraft Less Than 75 R. Blanket Additional Insured - Persons Or Feet Organizations For Your Ongoing Opera- tions As Required By Written Contract Or Agreement C. Aircraft Chartered With Pilot L. Blanket Additional Insured - Broad Form Vendors D. Damage To Premises Rented To You NI. Who Is An Insured - Unnamed Subsidi- aries E. Increased Supplementary Payments N. Who Is An Insured - Liability For Con- duct Of Unnamed Partnerships Or Joint Ventures F. Who Is An Insured - Employees And 0. Medical Payments - Increased limits Volunteer Workers - First Aid Who Is An Insured- Employees - Su- P. Contractual Liability - Railroads pervisory Positions ➢L Who Is An Insured - Newly Acquired Or U, Knowledge And Notice Of Occurrence Formed Organizations Or Offense L Blanket Additional Insured - Owners, R. Unintentional Omission Managers Or Lessors Of Premises S, Blanket Waiver Of Subrogation PROVISIONS age" expected or intended from the A REASONABLE FORCE PROPERTY DAMAGE - standpoint of the insured. This exclu- sion does not apply to "bodily injury" INJURY EXCLUSION or "property damage's resulting from the use of reasonable force to protect The following replaces Exclusion a., Ex- any person or property. pected Or Intended Injury, in Paragraph 2., B. NON-OWNED WATERCRAFT LESS THAN 75 of SECTION I - COVERAGES - COVERAGE FEET A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: The following replaces Paragraph (2) of Exclusion g., Aircraft Auto Or Watercraft, in a. Expected Or Intended Injury Or Damage Paragraph 2. of SECT➢ON I - COVERAGES - "Bodily injury" or "property dam- COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: DG DA 17 01 12 ® 2012 The Travelers Indemnity Company. All rights reserved Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. (2) A watercraft you do not own that is, The amount shown for the is: Damage To Premises Rented To You on the Dl (a) Less than 75 feet long; and of th slmit Coverage Par ;ofarations (b) Not being used to carry any per- b. $300,000 if no amount is shown son or property for a charge. for the Damage To Premises C. AIRCRAFT CHARTERED WITH PILOT Rented To You Limit on the Declarations of this Coverage The following is added to Exclusion g., Part. Aircraft, Auto Or Watercraft, in Paragraph 2, of SECTION I - COVERAGES _ 4. The following replaces Paragraph a. of COVERAGE A BODILY INJURY AND the definition of "insured contract" in PROPERTY DAMAGE LIABILITY: the DEFINITIONS Section: This exclusion does not apply to an a A contract for a lease of premises. aircraft that is: However, that portion of the con- tract for a lease of premises that (a) Chartered with a pilot to any in- indemnifies any person or organiza- sured; tioi for "premises damage" is not (b) Not owned by any insured; and an "insured contract"; (c) Not being used to carry any person 5. The following is added to the or property for a charge. DEFINITIONS Section: D. DAMAGE TO PREMISES RENTED TO YOU "Premises damage" means "property damage" to: 1. The first paragraph of the excep- a, Any premises while rented to you tions in Exclusion j., Damage To or temporarily occupied by you Properrttyy, in Paragraph 2. of SECTION I with permission of the owner; or - COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE b. The contents of any premises while LIABILITY is deleted. such premises is rented to you, if you rent such premises for a pe- 2. The following replaces the last rlod of seven or fewer consecutive paragraph of Paragraph Z., Exclu- days. sions, of SECTION I - COVERAGES - E. The following replaces Paragraph COVERAGE A BODILY INJURY ARID 4.6.(10) of SECTION IV - COMMERCIAL PROPERTY DAMAGE LIABILITY: GENERAL LIABILITY CONDITIONS: Exclusions c, g and h., and Para- (h) That is insurance for "premises graphs (1), (3) and (4) of Exclusion j., damage or do not applyy to "premises damage". Exclusion f.(1)(a) does not apply to 7. Paragraph 4.b.(1)(c) of SECTION IV - "premises damage" caused by fire COMMERCIAL GENERAL LIABILITY unless Exclusion f. of Section I - CONDITIONS is deleted. Coverage A - Bodily Injury And C. INCREASED SUPPLEMENTARY PAYMENTS Property Damage Liability is re- placed by another endorsement to 1. The following replaces Paragraph 1.b. this Coverage Part that has Exclu- of SUPPLEMENTARY PAYMENTS - sion - All Pollution Injury Or Dam- COVERAGES A AND B of SECTION I - age or Total Pollution Exclusion in COVERAGES: its title. A separate limit of insur- ance applies to "premises damage" b. Up to $2,500 for cost of bail as described in Paragraph S. of Sec- bonds required because of acci- tion III - Limits Of Insurance, dents or traffic law violations aris- ing out of the use of any vehicle 3. The following P Paragraph to which the Bodily Injury Liability of SECTION III - LIMITS OF Coverage applies. We do not have INSURANCE: to furnish these bonds. 6. Subject to 5. above, the Damage 2. The following replaces Paragraph 1.«L To Premises Rented To You of SUPPLEMENTARY PA ERITS - Limit is the most we will pay COVERAGES A AND B of SECTION I - under Coverage A for damages COVERAGES: because of "premises damage" to any one premises. d. All reasonable expenses incurred by The Damage To Premises Rented the insured at our request to assist g us in the investigation or defense To You Limit will be: Page 2 of 6 ® 2012 The Travelers Indemnity Gompmy. All rights reserved CG D4 17 01 12 Includes copyrighted material of Insurance Services Office, Inc. with its permission. of the claim or "suit", including G. WHO IS AN INSURED - EMPLOYEES actual loss of earnings up to SUPERVISORY POSITIONS $500 a day because of time off from work. The following is added to Paragraph 2.a(1) F. WHO IS AN INSURED - EMPLOYEES AND of SECTION 11 - WHO IS AN INSURED: VOLUNTEER WORKERS - FIRST AID Paragraphs (1)(a), (b) and (C) above do not 1. The following is added to the defi- apply to "bodily injury" or "personal in- g jury' to a co-"employee" in the course of nition of "occurrence" in the the co-"employee's" employment by you DEFINITIONS Section: arising out of work by any of your "am- Unless you are in the business or ployees" who hold a supervisory position. occupation of providing professional I3 WHO IS AN INSURED - NEWLY ACaUIRED OR health care services, "occurrence" FORMED ORGANIZATIONS also means an act or omission committed by any of your "em- The following replaces Paragraph 4. of ployees" or "volunteer workers", SECTION it - VMD IS AN INSURED of the other than an employed or volunteer Commercial General Liability Coverage doctor, in providing or failing to Form, and Paragraph 3. of SECTION 11 - provide first aid or "Good Samari- WHO IS AN INSURED of the Global Com- tan services" to a person. panion Commercial General Liability Cov- 2. The following is added to Paragraph erage Form, to the extent such coverage 2&N) of SECTION 11 - WHO IS AN forms are part of your policy: INSURED: Any organization you newly acquire or form, other than a partnership or joint Unless you are in the business or venture, of which you are the sole owner occupation of providing professional or in which you maintain the majority health care services, Paragraphs (1 ownership interest, will qualify as a )(a), (b), (C) and (90 above do not ap- Named Insured if there is no other insur- ply to "bodily injury" arising out of ance which provides similar coverage to providing or failing to provide first that organization. However aid or "Good Samaritan services" by any of your "employees" or a. Coverage under this provision is af- "volunteer workers", other than an forded only: employed or volunteer doctor. Anyoi (1) Until the 180th day after you ac- workers" providing or failing to your "employees" or "volunteer quire or form the organization or w provide first aid or "Good Samari- the end of the policy period, tan services" during their work whichever is earlier, if you do not hours for you will be deemed to be report such organization in writing acting within the scope of their to us within 180 days after you employment by you or performing acquire or form it; or duties related to the conduct of (2) Until the end of the policy period, your business. when that date is later than 180 3. The following is added to Paragraph days after you acquire or form 5. of SECTION III - LIMITS OF such organization, If you report INSURANCE: such organization in writing to us within 180 days after you acquire For the purposes of determining the or form it, and we agree in writing applicable Each Occurrence Limit, all that it will continue to be a Named related acts or omissions commit- Insured until the end of the policy ted by any of your "employees" or period; "volunteer workers" in providing or b, Coverage A does not apply to "bodily failing to provide first aid or "Good injury" or "property damage" that oc- Samaritan services' to any one per- curred before you acquired or formed son will be deemed to be one ' oc- the organization; and currence". 4. The following is added to the C. Coverage 0 does not apply to "per- sonal injury" or "advertising injury" arising out of an offense committed "Good Samaritan services" means before you acquired or formed the or- any emergency medical services for ganization. which no compensation is demanded or received. CG Q4 17 01 12 ® 2012 The Travelers Indemnity Company. All rights reserved Page 3 of B Includes copyrighted material of Insurance Services Office, Inc. with its permission. I. BLANKET ADDITIONAL INSURED - OWNERS, and executed that contract or agree- MANAGERS OR LESSORS OF PREMISES ment; and The following is added to SECTION 11 - b. Is caused, in whole or in part, by your WHO IS AN INSURED: acts or omissions in the performance Any person or organization that is a of your ongoing operations to which premises owner, manager or lessor is that contract or agreement applies or an insured, but only with respect to li- the acts or omissions of any person ability arising out of the ownership, or organization performing such opera- maintenance or use of that part of any tions on your behalf. premises leased to you. The limits of insurance provided to such The insurance provided to such prem- insured will be the limits which you ses owner, manager or lessor does agreed to provide in the written contract not apply to: or agreement, or the limits shown in the Declarations, whichever are less. a. Any "bodily injury" or "property L. BLANKET ADDITIONAL INSURED - BROAD damage" caused by an occurrence" that takes place, or "personal in- FORM VENDORS jury" or "advertising injury" caused The following is added to SECTIUN II - by an offense that is committed, WHO IS AN INSURED: after you cease to be a tenant in that premises; or Any person or organization that is a ven- dor and that you have agreed in a written b. Structural alterations, new construe- contract or agreement to include as an tion or demolition operations per- additional insured on this Coverage Part formed by or on behalf of such is an insured, but only with respect to li- premises owner, manager or lessor. ability for "bodily injury" or "property J. BLANKET ADDITIONAL INSURED - LESSORS damage" that: OF LEASED EQUIPMENT a. Is caused by an "occurrence" that takes The following is added to SECTION 11 - place after you have signed and exe- WHO IS AN INSURED: cuted that contract or agreement; and Any person or organization that is an b. Arises out of "your products" which equipment lessor is an insured, but only are distributed or sold in the regular with respect to liability for "bodily in- course of such vendor's business. jury", "property damage", "personal in- jury" or The insurance provided to such vendor is advertising injury" caused, in whole or in part, by your acts or omis- subject to the following provisions: sions in the maintenance, operation or a The limits of insurance provided to use by you of equipment leased to you such vendor will be the limits which by such equipment lessor. you agreed to provide in the written The insurance provided to such equipment contract or agreement, or the limits lessor does not apply to any "bodily in- shown in the Declarations, whichever jury" or "property damage" caused by an are less. "occurrence" that takes place, or "per- b. The insurance provided to such vendor sonal injury" or advertising injury" does not apply to: caused by an offense that is committed, after the equipment lease expires. (1) Any express warranty not author- K. BLANKET ADDITIONAL INSURED - PERSONS ized by you; OR ORGANIZATIONS FOR YOUR ONGOING (2) Any change in "your products" OPERATIONS AS REQUIRED BY WRITTEN made by such vendor; CONTRACT OR AGREEMENT (3) Repackaging, unless unpacked The following is added to SECTION II - solely for the purpose of inspec- 0 IS AN INSURED: tion, demonstration, testing, or the Any person or organization that is not substitution of parts under instruc- tionsotherwise an insured under this Cover- from the manufacturer, and age Part and That you have agreed in a then repackaged in the original con- written contract or agreement to in- clude as an additional insured on this (4) Any failure to make such inspec- Coverage Part is an insured, but only tions, adjustments, tests or servic- with respect to liability for "bodily in- ing as vendors agree to perform or jury' or "property damage" that: normally undertake to perform in a. Is caused by an "occurrence" that the regular course of business, in takes place after you have signed connection with the distribution or sale of "your products"; Page 4 of 6 ® 2012 The Travelers Indemnity Company. All rights reserved CG D4 17 01 12 Includes copyrighted material of Insurance Services Office, Inc. with its permission. (5) Demonstration, installation, ser- rent or past partnership or joint venture vicing or repair operations, ex- that is not shown as a Named Insured in cept such operations performed the Declarations. This paragraph does not at such vendor's premises in apply to any such partnership or joint connection with the sale of venture that otherwise qualifies as an in- "your products"; or cured under Section U - who Is An In- (6; "Your products" which, after dis- sured. tribution or sale by you, have O. l'VIEDICAL PAYMENTS - INCREASED LINTS been labeled or relabeled or The followingreplaces Paragraph 7. of gradient of any other thing or used as a container, part in- SECTION III - LIMITS OF INSURA C substance by or on behalf of 7, Subject to 5. above, the Medical Ex- such vendor. pense Limit is the most we will pay Coverage under this provision does not under Coverage C for all medical ex- apply to: penses because of "bodily injury" sus- tained by any one person, and will be the higher of: whom you have acquired "your products", or any ingredient, part or ( $10,000; or container entering into, accompany- (b} The amount shown on the Declara- ing or containing such products; or tions of this Coverage Part for IL Any vendor for which coverage as Medical Expense Limit. an additional insured specifically is P. CONTRACTUAL LIABILITY - RAILROADS scheduled by endorsement. M. O IS AN INSURED - UNNAMED 1. The following replaces Paragraph c. of SUBSIDIARIES the definition of "insured contract" in the DEFINITIONS Section: The following is added to SECTION 11 -0 IS AN INSURED: c. Any easement or license agree- ment; Any of your subsidiaries, other than a Z. Paragraph f.(1) of the definition of "in- shown as a Named Insured i the Dec- partnership or joint venture, that is not sured contract" in the DEFINITIONS Sec- i larations is a Named Insured f: tion is deleted. a. You maintain an ownership interest O- KNOWLEDGE AMD NOTICE OF OCCURRENCE OR of more than 50% in such subsidi- OFFENSE ary on the first day of the policy The following is added to Paragraph 2.,. period; and Duties In The Event of Occurrence, offense' b. Such subsidiary is not an insured Claim or Suit, of SECTION IV - COMMERCIAL under similar other insurance. GENERAL LIABILITY CONDITIONS. No such subsidiary is an insured for e. The following provisions apply to "bodily injury" or "property damage" Paragraph a. above, but only for the that occurred, or "personal injury" or purposes of the insurance provided "advertising injury" caused by an of- under this Coverage Part to you or fence committed: any insured listed in -Paragraph 1. or 2. a. Before you maintained an ownership of Section 11 - who Is An Insured: interest of more than 50% in such (1) Notice to us of such "occurrence" subsidiary; or or offense must be given as soon b. After the date, if any, during the as practicable only after the "oc- policy period that you no longer currence" or offense is known to maintain an ownership interest of you (if you are an individual), any more than 50% in such subsidiary. of your partners or members who is an individual (if you are a part- N. WHO IS AN INSURED - LIABILITY FOR nership or joint venture), any of CONDUCT OF UNNAMIED FARTMERSPIPS OR your managers who is an individual JOINT VENTURES (if you are a limited liability com- pany), any of your trustees who is The following replaces the last para- an individual (if you are a trust), graph of SECTION 11 - WHO IS AN any of your "executive officers" or INSURED: directors (if you are an organiza- tion other than a partnership, joint No p organization is an insured venture, limited liability company with respect to the conduct of any cur- or trust) or any "employee" author- CG D4 17 01 12 ® 2012 The Travelers indemnity Company. All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc, with its permission. ized by you to give notice of an However, if this policy includes an en- "occurrence" or offense. dorsement that provides limited cover- age for "bodily injury" or "property (2) If you are a partnership, joint damage" or pollution costs arising out venture, limited liability company of a discharge, release or escape of or trust, and none of your part- "pollutants" which contains a require- ners, joint venture members, ment that the discharge, release or es- managers or trustees are indi- cape of "pollutants" must be reported viduals, notice to us of such to us within a specific number of "occurrence" or offense must be days after its abrupt commencement, given as soon as practicable this Paragraph e. does not affect that only after the "occurrence" or requirement. offense is known by: (a) Any individual who is: R. UNINTENTIONAL OMISSION The following is added to Paragraph 6., (i) A partner or member of Reppresentations, of SECTION IV - any partnership or joint C0MMERCIAL GENERAL LIABILITY CONDITIONS: venture; (il) A manager of any limited The unintentional omission of, or uninten- tional error in, any information provided by you which we relied upon in issuing (111) A trustee of any trust; or this policy will not prejudice your rights under this insurance. However, this pro- (iv) An executive officer or vision does not affect our right to collect director of any other or- additional premium or to exercise our ganization; rights of cancellation or nonrenewal in that is your partner, joint accordance with applicable insurance laws venture member, manager or or regulations. trustee; or S. BLANKET WAIVER OF SUBROGATION (b) Any "employee" authorized The following is added to Paragraph B., by such partnership, joint Transfer Of Rights Of Recovery Against Oth- venture, limited liability com- ers To Us, of SECTION IV - COMMERCIAL pany, trust or other organiza- GENERAL LIABILITY CONDITIONS: tion to give notice of an "occurrence" or offense. If the insured has agreed in a contract or agreement to waive that insured's right of (3) Notice to us of such "occur- recovery against any person or organiza- rence" or offense will be tion, we waive our right of recovery deemed to be given as soon as against such person or organization, but practicable if it is given in good only for payments we make because of: faith as soon as practicable to your workers' compensation in- a "Bodily injury" or "property damage" surer. This applies only if you caused by an "occurrence" that takes subsequently give notice to us place; or of the "occurrence" or offense 6. "personal injury" or "advertising in- of the persons described in as soon as practicable after any jury" caused by an offense that is d itte ; Paragraphs e. (1) or (2) above comm discovers that the "occurrence" subsequent to the execution of the con- or offense may result in sums tract or agreement. to which the insurance provided under this Coverage Part may apply. Page 6 of 6 ® 2012 The Travelers Indemnity Company. All rights reserved CG D4 17 01 12 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION LTC! COMMUNICATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILIP,/ COVERAGE PART PROVISIONS "Personal injury" or "advertising injury" arising out of any actual or alleged 1. The following exclusion is added to violation of any law that restricts or Paragraph Z., Exclusions, of SECTION I — prohibits the sending, transmitting or dis- COVERAGES — COVERAGE A BODILY INJURY tributing of "unsolicited communication". AND PROPERTY DAMAGE LIABILITY: O. The following is added to the DEFINITIONS Unsolicited Communication Section: "Bodily injury" or "property damage" "Unsolicited communication" means any arising out of any actual or alleged communication, in any form, that the violation of any law that restricts or recipient of such communication did not prohibits the sending, transmitting or dis- specifically request to receive. tributing of "unsolicited communication". 2. The following exclusion is added to Paragraph Z., Exclusions, of SECTION I — COVERAGES — COVERAGE D PERSURAL AND ADVERTISING INJURY LIABILITY: Unsolicited Communication CG D3 26 10 11 0 2011 The Travelers indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc, with its permission i COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MOBILE EQUIPMENT REDEFINED EXCLUSION OF VEHICLES SUBJECT TO MOTOR VEHICLE LAWS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS would qualify under the defini- tionA. Exclusion of COVERAGE A. BODILY INJURY iof "mobile equipment" if g. it were not subject to a com- AND PROPERTY DAMAGE LIABILITY (Section i pulsory or financial responsibil- Coverages) is deleted and replaced by ity law or other motor vehicle the following: insurance law in the state Aircraft Auto Or Watercraft where it is licensed or princi- g• $ pally garaged; or "Bodily injury" or "property damage" (b) The operation of any of the arising out of the ownership, mainte- machinery or equipment listed nance, use or entrustment to others in Paragraph f.(2) or P.(3) of the of any aircraft, in or watercraft definition of "mobile equip- owned or operated by or rented or ment". loaned to any insured. Use includes operation and "loading or unloading". B. SECTION V — DEFINITIONS This exclusion applies even if the The definition of "auto" (paragraph 2.) is claims against any insured allege neg- deleted and replaced by the following: ligence or other wrongdoing in the supervision, hiring, employment, train- 2. "Auto" means: ing or monitoring of others by that a. A land motor vehicle, trailer or insured, if the "occurrence" which semitrailer designed for travel on caused the "bodily injury" or "prop- public roads, including any at- erty damage" involved the ownership, tached machinery or equipment; or maintenance, use or entrustment to others of any aircraft, "auto" or wa- b. Any other land vehicle that is sub- tercraft that is owned or operated by ject to a compulsory or financial or rented or loaned to any insured. responsibility law or other motor This exclusion does not apply to: vehicle insurance law in the state where it is licensed or principally (1) A watercraft while ashore on garaged. premises you own or rent; However, "auto" does not include (2) A watercraft you do not own that "mobile equipment". is: The definition of "mobile equipment" is (a) Less than 26 'Feet long; and deleted and replaced by the following: (b) Not being used to carry per- 12. "Mobile equipment" means any of the sons or property for a charge; following types of land vehicles, in- cluding any attached machinery or (3) Parking an "auto" on, or on the equipment: ways next to, premises you own or rent, provided the "auto" is not a Bulldozers, farm machinery, fork- owned by or rented or loaned to lifts and other vehicles designed you or the insured; for use principally off public roads; (4) Liability assumed under any "in- sured contract" for the ownership, b. Vehicles maintained for use solely maintenance or use of aircraft or on or nex..t to premises you own watercraft; or or rent; (5) "Bodily injury" or "property dam- c. Vehicles that travel on crawler age" arising out of: treads; (a) The operation of machinery or d, Vehicles, whether self-propelled or equipment that is attached to, not, maintained primarily to pro- or part of, a land vehicle that vide mobility to permanently CG D3 56 01 05 ® 2005 The Travelers Companies, Inc. Page 1 of 2 mounted: (1) Equipment designed primarily (1) Power cranes, shovels, loaders, for: diggers or drills; or (a) Snow removal; (2) Road construction or resurfac- M Road maintenance, but not ing equipment such as graders, construction or resurfacing; scrapers or rollers; or e Vehicles not described in a., h., e. (c) Street cleaning; or d. above that are not self- propelled and are maintained pri- (2) Cherry pickers and similar de- mari€y to provide mobility to per- vices mounted on automobile manently attached equipment of or truck chassis and used to the following types: raise or lower workers; and (1) Air compressors, pumps and (3) Air compressors, pumps and generators, including spraying, generators, including spraying, welding, building cleaning, geo- welding, building clearing, geo- physical exploration, lighting physical exploration, lighting and well servicing equipment; and well sere cing equipment. or However, "mobile equipment" does (2) Cherry pickers and similar de- not include any land vehicles that are vices used to raise or lower subject to a compulsory or financial workers; responsibility law or other motor ve- hicle insurance law in the state where €. Vehicles not described in a., b., c. it is licensed or principally garaged. or a@. above maintained primarily Land vehicles subject to a compulsory for purposes other than the trans- or financial responsibility law or other portation of persons or cargo. motor vehicle insurance law are con- However, self-propelled vehicles sidered "autos". with the following types of per- C. WHO IS AN WSURED manently attached equipment are not mobile equipment" but will Paragraph 3. of SCl I 1f9I�DS II — a Is An be considered "autos"; a is deleted. Page 2 of 2 v 2005 The Travelers Companies, Inc. CG D3 56 Dil 05 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CONTRACTUAL LIABILITY EXCLUSION EXCEPTION FOR DAMAGES ASSUMED IN AN INSURED CONTRACT APPLIES ONLY TO NAMED INSURER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS a The "suit" against the indemnitee seeks damages for which you have 1. The following replaces Paragraph (2) of assumed the liability of the in- Exclusion b., Contractual Liability, in Para- demnitee in a contract or agree- graph 2. of SECTION I - COVERAGES - ment that is an "insured contract"; COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: b. This insurance applies to such li- ability assumed by you; (2) Assumed by you in a contract or obligation to defend, or th agreement that is an "insured con- e cost The obl bl the defense en en that in- jury" provided that the bodily in- jury" or "property damage" occurs demnitee has also been assumed subsequent to the execution of the by you in the same "insured con- contract or agreement. Solely for the tract'; purposes of liability assumed by you d. The allegations in the "suit" and in an "insured contract", reasonable the information we know about the attorney fees and necessary litigation "occurrence" or offense are such expenses incurred by or for a party that we determine that no conflict other than an insured will be deemed exists between your interests and to be damages because of "bodily in- the interests of the indemnitee; jury" or "property damage", provided that: e. You and the indemnitee ask us to conduct and control the defense of (a) Liability to such party for, or for that indemnitee against such "suit" the cost of, that party's defense and agree that we can assign the has also been assumed by you in same counsel to defend you and the same "insured contract'; and the indemnitee- and (b) Such attorney fees and litigation 3, The following replaces the last sentence expenses are for defense of that of Paragraph 2. of SUPPLEMENTARY party against a civil or alternative PAYMENTS - COVERAGES A AND B of dispute resolution proceeding in SECTION I - COVERAGES: which damages to which this in- surance applies are alleged. Our obligation to defend your indemnitee 2. The following replaces the beginning of and to pay for attorneys' fees and nec- essaryParagraph 2., and Paragraphs 2.a, b, c., d litigation expenses as Supplemen tary Payments ends when: and e., of SUPPLEMENTARY PAYMENTS - COVERAGES 'A AND R of SECTION I - a. We have used up the applicable limit COVERAGES: of insurance in the payment of judg- ments, settlements or medical ex- 2. If we defend you against a "suit" and penses; or your indemnitee is also named as a party to the "suit", we will have the b. The conditions set forth above, or the right and duty to defend that indem- terms of the agreement described in nitee if all of the following condi- Paragraph f. above, are no longer met. tions are met: CG O4 21 03 08 o 2008 The Travelers Companies, Inc. Page t of t Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - DISCRIMINATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 2. COVERAGE B — PERSONAL AND ADVERTISING 1. COVERAGE A — BODILY INJURY AIR PROP— INJURY LIABILITY - is amended by adding ERTY DAMAGE LIABILITY — is amended by the following additional exclusion: adding the following additional exclusion: (This insurance does not apply to:) (This Insurance does not apply to:) "Personal injury" resulting from or as a consequence of discrimination, whether "Bodily injury" resulting from or as a intentional or unintentional, based upon a consequence of discrimination, whether erson's sex, sexual p preference, marital intentional or unintentional, based upon a status, race, creed, religion, national ori- person's sex, sexual preference, marital girt' age, physical capabilities, character- status, race, creed, religion, national ori- istics or condition, or mental capabilities gin, age, physical capabilities, character- or condition. istics or condition, or mental capabilities or condition. CG D4 42 01 99 c) The Travelers Indemnity Company, 1999 Page t of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - WA - WASHINGTON This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion L under Paragraph 2., Exclusions 0. The following exclusion is added to of Section 1 — Coverage A — Bodily Injury Paragraph 2., Exclusions of Section 1 — Aad Property Damage Liability is replaced Coverage S — Personal And Advertising In— by the following: jury Liability: 2. Exclusions: 2. Exclusions This insurance does not apply to: This insurance does not apply to: I. war War "Bodily injury" or "property dam- "Personal injury" or "advertising in- age" arising, directly or indirectly, jury" arising, directly or indirectly, out of: out of: (1) War, including undeclared or (1) War, including undeclared or civil civil war; or war; or (2) Warlike action by a military (2) Warlike action by a military force, force, including action in hin- including action in hindering or de- dering or defending against an fending against an actual or ex- actual or expected attack, by petted attack, by any government, any government, sovereign or sovereign or other authority using other authority using military military personnel or other agents; personnel or other agents; or or (3) Insurrection, rebellion, revolu- (3) Insurrection, rebellion, revolution, tion, usurped power, or action usurped power, or action taken by taken by governmental author- governmental authority in hindering ity in hindering or defending or defending against any of these. against any of these. CG F2 45 07 02 o 2002 The Travelers Indemnity Company. Page t of t COMMERCIAL GENERAL LIABILITY THIS EfNDDRSE IEPNT CHMOES THE P4DLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ASBESTOS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART CATASTROPHE UMBRELLA POLICY This insurance does not apply to "bodily a. Any supervision, instructions, recommen- injury," "property damage," "personal injury" dations, warnings or advice given or or advertising injury" arising out of the ac- which should have been given in connec- tual or alleged presence or actual, alleged or tion with the above; and threatened dispersal of asbestos, asbestos fibers or products containing asbestos, pro- b. Any obligation to share damages with or vided that the injury or damage is caused or repay someone else who must pay dam- contributed to by the hazardous properties ages because of such injury or damage. of asbestos. This includes: CG T4 78 02 90 o 1990 The Travelers Indemnity Company, Page 1 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHMOES THE POLICY. PLEASE REAM IT CAREFULLY. WASHINGTON CHANGES — EMPLOYMENT—RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Personal And Advertising Injury Liability Paragraph 2., Exclusions of Coverage A - (Section I - Coveragesk Bodily Injury And Property Damage Liability This insurance does not apply to: (Section I - C®veragesk This insurance does not apply to: "Personal injury" to: "Bodily injury" to: (1) A person arising out of any: (1) A person arising out of any: (a) Refusal to employ that person; (a) Refusal to employ that person; N Termination of that person's em- ployment; or (b) Termination of that person's em- ployment; or (c) Employment related practices,ties, acts or omissions, such as as (c) Employment-related practices, poli- coercion, demotion, evaluation, re- ties, acts or omissions, such as assignment, discipline, defamation, coercion, demotion, evaluation, re- harassment, humiliation or dis- assignment, discipline, defamation, crimination directed at that person; harassment, humiliation or dis- or crimination directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a conse- (2) The spouse, child, parent, brother or quence of "personal injury" to that sister of that person as a conse- person at whom any of the employ- quence of "bodily injury" to that per- ment-related practices described in son at whom any of the employment- Paragraphs (a), (b), or (c) above is di- related ppractices described in Para- rected. graphs (oi, (b), or (c) above is directed. This exclusion applies: This exclusion applies: (1) Whether the insured may be liable as (1) Whether the insured may be liable as an employer or in any other capacity; an employer or in any other capacity; and and (Z) To any obligation to share damages (2) To any obligation to share damages with or repay someone else who with or repay someone else who must pay damages because of the in- must pay damages because of the in- jury. jury. However, Paragraphs (1)(a) and (b) of this However, Paragraphs (1)(a) and (b) of this exclusion do not apply if such "personal exclusion do not apply if such "bodily injury" is sustained by any "employee" injury" is sustained by any "employee" of the insured whose employment is sub- of the insured whose employment is sub- ject to the Industrial Insurance Act of ject to the Industrial Insurance Act of Washington (Washington Revised Code Ti- Washington (Washington Revised Code Ti- tle 51). tle 51). B. The following exclusion is added to Paragraph 2., Exclusions of Coverage B - CG F2 66 11 03 o 2003 The Travelers Indemnity Company. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANCES T11E POLICY. PLEASE READ IT CAREFULLY. ASHINGTON CHANGES ® WHO IS AN INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraphs Za.(1)(a), (E) and (c) of 5ectlua 11 — of these "employees" is an insured Who Is An Insured apply only to "employees" for: of the insured whose employment is not subject to the Industrial Insurance Act of (1) 'Bodily injury' or "personal in- Washington (Washington Revised Code Title Jury 51). (a) To you, to your partners or With respect to "employees" of the insured members (if you are a partner- whose employment is subject to the Indus- ship or joint venture), to your trial Insurance Act of Washington, the refer- members (if you are a limited ence to "volunteer workers" is removed liability company), or to a co- from Paragraph 2.(a) of Section 11 — Who is "employee" while that co- An Insured and Paragraph 2.a(1) of Settles II "employee" is either in the course Who is An Insured is replaced with the fol- lowing: went or performing duties re- lated to the conduct of your 2. Each of the following is also an insured: business; a_ Your "employees", other than either (b) For which there is any obliga- your "executive officers" (if you are tion to share damages with or an organization other than a partner- repay someone else who must ship, joint venture or limited liability pay damages because of the company) or your managers (if you injury described in Paragraph are a limited liability company), but M [; above; or only for acts within the scope of their employment by you or while (c) Arising out of his or her pro- Aiding or failing t provide performing duties related to the con- professional health care ser- duct of your business. However, none vices. CG F4 66 09 08 o 2008 The Travelers Companies, Inc. Page 1 of a Includes the copyrighted material of Insurance Services Office, Inc. TABLE OF CONTENTS EMPLOYEE BENEFITS LIABILITY COVERAGE FORM OO TI 01 CLAIMS MADE SECTION ]—COVERAGES Beginning on Page Employee Benefits Insuring Agreement ............................1 Liability Coverage Exclusions ............................................1 Supplementary Payments ................................................................................2 SECTION II—WHO IS AN INSURED .........................................................................2 SECTION M—LIMITS OF INSURANCE ......................................................................2 SECTION IV--DEDUCTIBLE ......................................................................................3 SECTION V—EMPLOYEE BENEFITS LIABILITY CONDITIONS.................................3 Bankruptcy ............................................ Cancellation, Non-renewal, Renewal and Reduction or Deletion of Coverage „5 Duties in The Event of Act, Error or Omission ............................................3 LegalAction Against Us ...................................................................................4 OtherInsurance .................................................................................................4 PremiumAudit .................................................................................................4 Representations ................................................................................................5 Separation of Insureds .......................................................................... 5 Transfer of Rights of Recovery Against Others To Us ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,5 SECTION VI—EXTENDED REPORTING PERIODS ...................................................5 SECTION VII—DEFINITIONS ...................................................................................5 CG TO 43 11 88 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHARGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: EMPLOYEE BENEFITS LIABILITY COVERAGE FORM PROVISIONS b. Any expense, loss or damages (i) arising This insurance does not apply to: out of the imposition of such taxes, fines, interest, penalties or other charges a Any taxes, fines, interest, penalties or or (ii) resulting from any provision of the other cost imposed under, or resulting Internal Revenue Code of 1956, as from, any provision of the Internal Reve- amended. nue Code of 1986, as amended, or any similar state or local law; or CG DO 38 03 95 ® 1995 The Travelers Indemnity Company. Page i of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL EXCLUSION EMPLOYEE BENEFITS LIABILITY This endorsement modifies insurance provided under the following: EMPLOYEE BENEFITS LIABILITY COVERAGE PART PROVISIONS This insurance does not apply to loss aris- ing out of: 1. The wrongful termination of an em- ployee; 2. The coercion, demotion, reassignment, discipline, or harassment of an em- ployee; 3. Discrimination against an employee. CG T4 85 11 88 Page 1 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT T CHANCES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF BODILY INJURY DEFINITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following replaces the definition of "bodily injury" in the DEFINITIONS section: "Bodily injury" means: Physical harm, including stickness or dis- ease, sustained by a person; or k Mental anguish, injury or illness, or emo- tional distress, resulting at any time from such physical harm, sickness or disease. CG D4 09 04 08 o 2008 The Travelers Companies, Inc. Page I of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSLMFW CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COVERAGE - POLLUTION -- EQUIPMENT EXCEPTION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS The following replaces Paragraph (1)(a)(0 of Exclusion f., Palludon, in Paragraph 2. of SECTION I - COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (I) "Bodily Injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; CG D4 13 04 08 o 2008 The Travelers Indemnity Company Page 1 of 1 Includes the copyrighted material of Insurance Services Office, Inc. with its permission COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - VIOLATION OF CONSIBFINANCIAL PROTECTION LAWS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1 The following is added to the 1. The following exclusion is added to DEFINITIONS Section: Paragraph 2., Exclusions, of SECTION I — "Consumer financial identity informa- COVERAGES — COVERAGE A BODILY INJURY tion" means any of the following infor- D PROPERTY DAMAGE LIABILITY: mation for a person that is used or col- lected for the purpose of serving as a Violation Of Consumer Financial Protection factor in establishing such person's Laws eligibility for personal credit, insurance "Bodily injury" or "property damage" or employment, or for the purpose of arising out of any actual or alleged conducting a business transaction: violation of a "consumer financial pro- ffi Part or all of the account number, tection law", or any other "bodily the expiration date or the balance of injury" or "property damage" alleged in any credit, debit, bank or other any claim or "suit" that also alleges any financial account. such violation. b. Information bearing on a person's 2. The following exclusion is added to credit worthiness, credit standing or Paragraph 2., Exclusions, of SECTION I — credit capacity. COVERAGES — COVERAGE B PERSONAL AND C. Social securit ADVERTISING INJURY LIABILITY: Y number. Violation Of Consumer Financial Protection dL Drivers license number. Laws e. Birth date. "Personal injury" or "advertising injury" "Consumer financial protection law" arising out of any actual or alleged means: violation of a "consumer financial pro- a. p The Fair Credit Reporting Act (FORA) pro- tection §aw", or any other "persona! injury" or "advertising injury" alleged in and any of its amendments, including any claim or "suit" that also alleges any the Fair and Accurate Credit Transac- such violation. tions Act (FACTA); b. California's Song-Beverly Credit Card Act and any of its amendments; or C. Any other law or regulation that restricts or prohibits the collection, dissemination, transmission, distribu- tion or use of "consumer financial identity information". CG IDS IS 10 11 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 POLICY NUMBER 14T51135 THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT EMPLOYEE BENEFITSLIABILITY This endorsement modifies insurance provided under the following: EMPLOYEE BENEFITS LIABILITY POLICY {If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) PROVISIONS This coverage part is amended as follows: 1. Under Section I -EMPLOYEE BENEFITS LIABILITY COVERAGE -Exclusion 2.c. is amended to read as follows: c. Loss arising out of failure of performance of contract by any insurer. 2. Under Section II -WHO IS AN INSURED - item 1.1b. is replaced by the following: b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insured, but only with respect to their duties as partners or members of a joint venture. CG T5 30 06 89 ti O m � I y � � � N O O [L O V F u Dr CN 0 2 � rn 0 0 G POLICY INFORMATION TRAVELERSJ' THIS IS NOT A BILL. YOUR POLICY IS DIRECTLY BILLED. IF THIS IS A POLICY CHANGE, THE ADDITIONAL OR RETURN PREMIUM WILL BE SHOWN ON FUTURE INSTALLMENT BILLINGS. COMPORT. TRAVELERS PROPERTY CASUALTY CO. OF AMERICA. I Policy Inception/Effective Date: 12/01/13 N Policy Number; S WARE, LLC ZLP-14T51135-13-I5 U WONAERWARE PACWEST Agency Number: 4600971 R 19909 120TH AVE NE E STE 101 Transaction Type: D BOTHELL WA 98011 RENEWAL OF POLICY Transaction Number: 001 Processing Date: 12/04/13 10.24 A BROWN & BROWN OF WA INC Account Number. 10109011FA E 1501 FOURTH AVE STE 2400 N SEATTLE WA 98101 T Policy Surtax / Number Description Amount Surcharge 14T51135 SERIES 2000 POLICY $10,413,00 THE PREMIUM SHOWN DOES NOT INCLUDE A PREMIUM PAYMENT PLAN SERVICE CHARGE. IF YOU SELECTED A PREMIUM PAYMENT PLAN YOUR PAYMENT SCHEDULE/BILL WILL SHOW THIS CHARGE. THIS POLICY IS ON A FOUR PAY PAYMENT PLAN. A PAYMENT SCHEDULE/BILL WILL FOLLOW SHORTLY. ------------------------------------------------------------------------------------ PREMIUM COMM. SURTAX/ RATE SURCHARGE ----------------------------------------------------------------------------------- $10,413.00 15.0% AGENT COPY 40793 Ed. 12-90 o 1990 The Travelers Indemnity Company. All rights reserved. Page 1 AGENT COPY 40793 Ed. 12-90 Page 2 o 1990 The Travelers Indemnity Company. All rights reserved. +' o 0 o iMn• m m m N N O O O) O lf) 07 M U (n m m m m m m m rn (n N M N N N N O M V U F- K m m m 0 0 0 M m m m N N C O 10 N W m 0 0 0 I-I n O U) �••' a d' W (O 6 6 (V (V O t0 t0 C p N Q o 0 0 0 0 0 0 0 0 0 0 0 •• K O N o 0 0 0 0 0 0 0 0 0 0 0 of O] OJ O O O t[l to N m (O m a+ r U (O d �• � Q (p _ CD N L 0)LLJ07 Z % CV N CD w 0 V ° ) � LO � a) co a) �— U) 0- N cc co �+ co .L.. E u r m Mao Q c f0 c C r X# ❑ N L: c) c L L L O — N �' Q L E :r a o v 4) U) 0) m m O O O > � . ma o L + a � c O u o 0 a as o � V� ` O O N a C co G d' v m m m t N d c c c C L Y N (nZZ CO O. N N N .0 'C C x• .. tl N L c •� C CD o co w m` m` `m r CO L a 3 >, � cmM mCl co m m a U m > Lip �7 N O Nm c m >O m mUO C N N U N U) m a) m Q N Y 0_ 0 0 0 0 0 0 0 o o - - - /�� v <m m co m v) a a a t0 — — c1°i (mi cmi Y Q 0 0 0 a a m m m W W Ill w w w � 0) N U) (l U) m m m c c c ` O N �p N m d m a✓ m m m m N C > U m m m c c c m m m 06 C6 06 r o � Q °o °o °o nco m E o m U Ey } V O aoi > co 5 *..J >1 o N � .. c Q a o o a)o � a � Y @ � xk O i L u) (0 w N L N• C � W E >,o 0o E o- coo 2p w NCO (D c cCL F- 0 (A a- Lo Y J PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WA$HI"GTG" Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: January 27, 2014 To: Chair, Dennis Higgins and Public Works Committee Members PW Committee Meeting Date: February 3, 2014 From: Kevin Swinford, Interim Water Superintendent Through: Dave Brock, P.E., Interim Operations Manager Chad Bieren, P.E., City Engineer Subject: Information Only/SCADA Software Upgrade Item - 3 Information Only/No Motion Required Summary: The Public Works Division operates a "Supervisory Control and Data Acquisition" (SCADA) system. This system includes a network of over 40 remote water, sewer and storm sites that communicate their operational information to a central location by radio signal. The information is used to control various pumps, monitor security collect data and notify personnel of critical problems. This project will replace and upgrade existing SCADA software to current versions, and upgrade outdated servers to improve existing hardware and operating systems. In addition, it will provide enhanced security capabilities. Server hardware will be purchased and installed by IT staff, and software upgrades are covered under an existing contract with the primary SCADA software vendor. Budget Impact: Funding for this project ($30,163.86) was approved in the 2013-2014 biennium budget.