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PW13-130 - Amendment - #1 - Noel, Inc. - Flood Control, Emergency Flood Fight & Ecosystem Restoration Projects - 12/18/14
} Recordsna e e i KENT Doc�merit 71 was�, �ro "no CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Noel Inc. Vendor Number- JD Edwards Number Contract Number: i ;rEi -_Ob 7" This is assigned by City Clerk's Office Project Name: Green River Levee Flood Control & Ecosystem Restoration Projects Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 12/31/15 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Toby Hallock Department: Engineering Contract Amount: Approval Authority. (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to December 31, 2015. The consultant has provided knowledge—and insight to levees and will continue to do so as part of this contract. i As of: 08/27/14 �'� KEN AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Noel Inc. CONTRACT NAME & PROJECT NUMBER: Green River Levee Flood Control & Ecosystem Restoration Projects ORIGINAL AGREEMENT DATE: May 31, 2013 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled 'Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: The scope of work remains the same, however an amendment is needed to extend the time of completion to December 31, 2015. The consultant has provided knowledge and insight to levees and will continue to do so as part of this contract. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $22,100.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $22,100.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $22,100.00 AMENDMENT - 1 OF 2 Original Time for Completion 12/31/14 (insert date) Revised Time for Completion under n/a prior Amendments (insert date) Add'I Days Required (t) for this 365 calendar days Amendment Revised Time for Completion 12/31/15 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: r r By: By i r'. � 4 �` slgnatur U (signature) Print Nam Print Name: Suzette-Cooke �+ Its i NA Its Mayor ti- I�U(tltle) (tltl ) DATE: � 'L �+ Imo_ DATE: APPROVED AS TO FORM: (applicable if Mayor's signature regglred) t Q...$ 3 I I Kent Law Department i I I I Noel Inc-Flood&Ecosystem PesWo dolt 3 Amd I/Heilock AMENDMENT - 2 OF 2 ' ® DATE(MMIDDIYYYY) A� CERTIFICATE OF LIABILITY INSURANCE 03t25t2014 `41S CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES _GLOW. 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 endorsements). PRODUCER CONTACT NAME: Pearl Insurance PHONE -Ktl NC Na: 1200 E Glen Ave E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE _,,, NAIC If Peoria Heights IL 61616 INSURER A: Underwriters at Lloyd's of London AA-1 MOW ',,... INSURED INSURER B: RLI Insurance Company 13056 Noel,Inc. 7359 23rd Ave NW INSURER D INSURER E: _ _— Seattle WA 98117-5661 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS j 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. ILTR TYPE OF INSURANCE INNR ADDL Wvo SUER POLICYNUMBER POLICY SEE MMIODI EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 'ANATo COMMERCIAL GENERALLIABEITY PREMISES Eaocourrenca $ 1,000,000 CLAIMS-MADE ® OCCUR MED EXP(Any one portion) $ 10,000 B Y Y PSB0002093 03/19/2014 03/19/2015 PERSONAL&ADV INJURY $ GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS-CONNOR AGO $ 2,000,000 POLICY PRO- to $ JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 __ Ea sccident ANY AUTO BODILY INJURY(Per Person} $ _..-_.,, B ALL OSNED nCHEDULED Y Y PSB0002093 03119/2014 03/19/2015 BOLILv wdunv{Peraccldaml $ NUTOS ON-OWNED perOacdRdenl-DAMAGE $ III 1 HIRED AUTOS AUTOS If UMBRELLA LIAR OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE $ LED RETENTION$ 1$ WORKERS COMPENSATION WC STATU-IS FE YIN AND EMPLOYERS'LIABILITY ANYCERAEETOREXCWEWEXECUTIVE CIA E.L.EACH ACCIDENT $ OFFICERTry in N R EXCLUDEOP (Mantlatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Professional Liability $1,000,000 Per Claim/$1,000,000 Aggregate A Relro date:03/11/2013 N N 2200524-01 03/11/2014 03/11/2015 $5.000 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additlonal Remarks Schedule,if more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Kent Public Works Engineering THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN '.. 222 Fourth Ave.So. ACCORDANCE WITH THE POLICY PROVISIONS. A}THORIMID EP� SENTATIVE Pis,, Kent WA 98032 � (\� ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD i I Policy Number: PSB0002093 RLI NOTICE TO OUR INSURED AND THEIR AGENTS OF OUR CLAIM NOTIFICATION PROCEDURE As part of our continuing effort to provide you with the best service available, ALL CLAIMS, OCCURRENCES, INCIDENTS, LAWSUITS under this policy are to be reported immediately to: RLI Insurance Company P.O. Box 3961 9025 N. Lindbergh Drive Peoria, IL 61612-3961 Phone: (877) 863-5095 Fax: (877) 863-4352 Email: First.Report@rlicorp.com ALL LOSSES must be reported in the usual manner as well, to your AGENT or BROKER. Below is a "cut-out" card to keep in your wallet or with your business papers. We pledge to continue upgrading our services to our valued policyholders. i Sincerely, Donald J. Driscoll Vice President, Claim Department CUT ALONG DOTTED LINE ---------------------------------------------------- insured: Noel Inc '....... I Policy No: PSB0002093 RLI Insurance Company P.O. Box 3961 I 9025 N. Lindbergh Drive Peoria,IL 61612-3961 I Phone: (877)863.5095 I Fax: (877)863-4352 PPK 2131 11 11 I Email: First.Report@rlicorp.com Keep this card with you or in a safe place. RL'� RLI Insurance Company Peoria,Illinois 61615 POLICYHOLDER NOTICE POTENTIAL RESTRICTIONS OF TERRORISM COVERAGE This Notice has been prepared in conjunction with the POTENTIAL implementation of changes related to coverage of terrorism under your policy. The Terrorism Risk Insurance Act established a program (Terrorism Risk Insurance Program) within the Department of the Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. That Program is subject to a termination date of December 31, 2014 unless extended by the federal government. If the federal Program terminates, or is extended with certain changes prior to or during the term of your policy, then the treatment of terrorism under your policy will change. This Notice is being provided to you for the purpose of summarizing potential impact on your coverage. The summary is a brief synopsis of significant exclusionary provisions and limitations. This Notice does not forin a part of your insurance contract. The Notice is designed to alert you to coverage restrictions and to other provisions in certain terrorism endorsement(s) in this policy. If there is any conflict between this Notice and the policy (including its endorsements), the provisions of the policy (including its endorsements) apply. Carefully read your policy, including the endorsements attached to your policy. YOUR POLICY DURING TENURE OF THE TERRORISM RISK INSURANCE PROGRAM AS THAT PROGRAM EXISTS PURSUANT TO THE TERRORISM RISK INSURANCE PROGRAM REAUTHORIZATION ACT OF 2007: The terrorism endorsement in this policy excludes coverage for "certified acts of terrorism" (which is more fully defined in the endorsement, but involves an act of terrorism certified by the federal government to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act), but such exclusion applies only: • Under property insurance, if the event involves radioactive material or pathogenic or poisonous biological or chemical material under certain circumstances; or • Under liability insurance, if the event qualified as a nuclear event or if the event qualified under certain circumstances as a biological or chemical event. The certified-acts coverage that remains is subject to a limit on our liability pursuant to the federal Terrorism Risk Insurance Act and is subject to all policy exclusions (for example, the property insurance war exclusion or the liability insurance war liability exclusion) and other policy provisions. Uw 20355 (09/13) ©Insurance Services Office,Inc.,2013 Pagel of 3 The Exception Covering Certain Fire Losses applies only in certain states. If the exception applies in any states ',er your policy, that is indicated in the Schedule of the terrorism endorsement. When the Exception applies, the exclusion of terrorism does not apply to direct loss or damage by fire to Covered Property in affected states. POTENTIAL CHANGE TO YOUR POLICY: Depending on your state, endorsement BP 05 64, BP 06 33 (IDAHO ONLY) or BP 06 50 (ALASKA ONLY) is attached to your policy. Its provisions become applicable to your policy only if certain events (one or more of them) occur. Those events include the following: • If the federal Terrorism Risk Insurance Program (TRIP) terminates with respect to the type of insurance provided under this policy, (TRIP is/was scheduled to terminate at the end of December 31, 2014 unless extended by the federal government.); or • If TRIP is extended with changes that redefine terrorism, and we are not required to make such revised coverage available to you; or i • If TRIP is extended with changes that make insurance coverage for terrorism subject to provisions or requirements that differ from those that apply to other events or occurrences under this policy, and we are not required to make such revised coverage available to you; or If TRIP is extended with changes that increase insurers' statutory percentage deductible under TRIP for - terrorism losses, or decrease the federal government's statutory percentage share in potential terrorism losses, and we are not required to make terrorism coverage available to you. Our deductible is 20% of the total of our previous year's direct earned premiums. The government's share is 85% of the terrorism losses paid by us above the deductible. Endorsements BP 05 64, BP 06 33, or BP 06 50 treat terrorism as follows: • Coverage for loss or damage under property coverage or injury or damage under liability coverage arising out of a terrorism incident is excluded only if: • The total of all insured damage to all types of property (including business interruption losses sustained by owners or occupants of damaged property), from the incident, exceeds $25 million. The $25 million property damage threshold is based on losses sustained by all persons and entities who are affected by an incident of terrorism, and who are insured for the damage, or who would be insured but for a terrorism exclusion; or • Fifty or more persons sustain death or serious injury; or (To determine whether the threshold for property damage ($25 million) or persons injured is exceeded, multiple incidents of terrorism which occur within a seventy-two hour period and appear to be linked together or have a related purpose or common leadership behind them shall be considered to be one incident of terrorism) UW 20355 (09/13) 0Insurance Services Office,Inc., 2013 Page 2 of 3 • The terrorism event involves nuclear materials or results in nuclear reaction or radiation or radioactive contamination; or i • The terrorism event involves the release of radioactive material, and it appears that one purpose of the terrorism was to release such material; or • The terrorism event is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or • The terrorism event involves the release of pathogenic or poisonous biological or chemical materials, and it appears that one purpose of the terrorism was to release such materials. • The Exception Covering Certain Fire Losses applies only in certain states. If the exception applies in any states under your policy, that is indicated in the Schedule of the terrorism endorsement. The Schedule of the terrorism endorsement does not apply if BP 06 33 or BP 06 50 is attached to your policy. When the Exception applies, the exclusion of terrorism does not apply to direct loss or damage by fire to Covered Property, with respect to affected types of insurance in affected states. See the definition of terrorism for purposes of the terrorism exclusion. UW 20355 (09/13) ©Insurance Services Office,Inc., 2013 Page 3 of 3 I This Policy consists of the Declarations,Coverage Forms,Common Policy Conditions and any other Forms and Endorsements issued to be a part of the Policy.This insurance is provided by RILL insurance Company. '.. RLI Insurance Company ��� Peoria, Illinois i RLIPack@BLISINESSOWNERS DECLARATIONS Policy NUmber:PSB0002093 New [X] Renewal of PS60002093 Named Insured and Mailing Address: Agent/Broker: 05930 Noel, Inc. Pearl Insurance Group (05930) 1200 E. Glen Ave. 7359 23rd Avenue NW Peoria Heights, IL 61614 Seattle,WA 98117 Policy Period: From 03-19-2014 To 03.19-2015 12:01 A.M. Standard Time at your mailing address shown above. Legal Entity: SoleProprietor LOCATION SCHEDULE Described Premises Address: Primary Location, Building#1, 7359 23rd Avenue NW, Seattle, WA, 98117 Refer to RLIPack Businessowners Supplemental Declarations-Building and Locations Coverages, PPB 111,for - coverage details. i Billing Plan: Full Pay I Audit Frequency:Waived Insurance Provided: In return for the payment of the premium and subject to all of the terms of this policy, we agree with you to provide insurance as stated in this policy. Estimated Premium, excluding Terrorism: $499 Terrorism Charge: $1 Applicable Taxes, Fees,and Surcharges: $0.45 TOTAL ESTIMATED PREMIUM,TAXES,FEES,AND SURCHARGES: $500.45 Countersigned By Authorized Representative Date: Issued Date: 02-04-2014 PPB 10012 10 pg. 1 of 2 BUSINESSOWNERS DECLARATIONS (Continued) Policy Number: PSB0002093 Coverage SECTION 11—LIABILITY Coverage Limits of Insurance Liability And Medical Expenses $1,000,000 Per Occurrence Medical Expenses $10,000 Per Person Damage To Premises Rented To You $1,000,000 Any One Premises Other Than Products/Completed Operations Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Policy Level Coverage SECTION I—PROPERTY Limits of Insurance Business Income—Dependent Properties: $50,000 Interruption of Computer Operations: $500,000 Valuable Papers and Records: $100,000 Accounts Receivable: $250,000 Money and Securities On Premises: $25,000 Money and Securities Off Premises: $26,000 Forgery or Alteration: $50,000 Employee Dishonesty: $25,000 Employee Dishonesty ERISA: $100,000 Fine Arts: $100,000 Green Property Coverage: Green Building Upgrades and Related Expenses Limit: 10% not to exceed$25,000 Green Business Personal Property Upgrades Limit: 10% not to exceed$25,000 ENDORSEMENTS: Refer to Applicable Forms & Endorsements, RIL 2150 PPB 10012 10 pg.2 of 2 Policy Number: PSB0002093 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® BUSINESSOWNERS SUPPLEMENTAL DECLARATIONS — BUILDING AND LOCATIONS COVERAGES Businessowners Declarations PPB100 is amended to include: Location(s), Building(s), Business of Named Insured and Schedule of Coverages for Premises as designated by Number below. Effective Date: 03/19/2014 Location Address: 7359 23rd Avenue NW Seattle, WA 98117 Location: Primary Location Building: Building #1 Deductible:$1,000 BUILDING AND PERSONAL PROPERTY LIMITS OF INSURANCE Building Replacement Cost $0 Business Personal Property Replacement Cost $1,000 Location Level Additional Coverages Limits of Insurance Building Limit—Automatic Increase 4% Outdoor Property $10,000 Outdoor Signs Included in Limit of Insurance Business Income and Extra Expense 12 Months Actual Loss Sustained 0 Hour Waiting Period Extended Business Income 90 Days Utility Services—Direct Damage $25,000 Utility Services—Time Element $25,000 Equipment Breakdown Included i ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED PPB 111 06 10 Page 1 9025 North Lindbergh Drive, Peoria, IL 61615 (309) 692-1000 SUPPLEMENTAL DECLARATIONS Policy Number:PSB0O02093 Named Insured and Mailing Address: Noel, Inc. 7359 23rd Avenue NW, Seattle, WA 98117 The following is a listing of applicable Taxes, Fees and Surcharges: WA Regulatory Surcharge $0.45 Total Estimated Amount Due: $0.45 RIL 112 (08/06) Policy Number: PSB0002093 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. APPLICABLE FORMS & ENDORSEMENTS FORMS AND ENDORSEMENTS LISTED BELOW APPLY TO AND ARE MADE PART OF THIS POLICY AT TIME OF ISSUE. PPB10106 10 RLIPack BUSINESSOWNERS COVERAGE FORM PPB3000610 RLIPack ERISA ENDORSEMENT PPB301WA 1112 RLIPack FOR DESIGN PROFESSIONALS PROPERTY ENHANCEMENT PPB303 06 10 RLIPack ASBESTOS EXCLUSION PPB304 02 12 RLIPack FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT PPB305 0610 RLIPack BROADENED NAMED INSURED ENDORSEMENT j PPB307 0610 RLIPack DISCRIMINATION EXCLUSION PPB310 0610 RLIPack LEAD EXCLUSION PPB312 0610 RLIPack FOR DESIGN PROFESSIONALS PROFESSIONAL SERVICES EXCLUSION PPB313 02 12 RLIPack FOR PROFESSIONALS SCHEDULED ADDITIONAL INSURED ENDORSEMENT PPB316 02 11 RLIPack FOR DESIGN PROFESSIONALS LIABILITY ENHANCEMENT PPB318WA 1111 RLIPack EQUIPMENT BREAKDOWN ENDORSEMENT PPB319 1110 RLIPack GREEN PROPERTY ENDORSEMENT PPB3211110 RLIPack HIRED AND NON-OWNED AUTO LIABILITY BPO50107 02 CALCULATION OF PREMIUM BP0515 0108 DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT BPOS17 0106 EXCLUSION-SILICA OR SILICA-RELATED DUST BPO523 0108 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM BPO564 0107 CONDITIONAL EXCLUSION OF TERRORISM (RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT) BPO106 07 13 WASHINGTON CHANGES BP0460 0110 WASHINGTON EMPLOYMENT-RELATED PRACTICES BP0473 0106 WASHINGTON CHANGES-DOMESTIC ABUSE BP0669 01.06 WASHINGTON-FUNGI OR BACTERIA EXCLUSION (LIABILITY) ILF00010101 SIGNATURE PAGE ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. RIL 2150 (08/08) Page 1 Policy Number: PSB0002093 RLI Insurance Company RLIPacke BUSINESSOWNERS COVERAGE FORM Various provisions in this policy restrict coverage. Read (7) Personal property owned by you that is the entire policy carefully to determine rights, duties and used to maintain or service the buildings what is and is not covered. or structures or the premises, including: Throughout this Coverage Form the words "you" and (a) Fire extinguishing equipment; "your" refer to the Named Insured shown in the Decla- (b) Outdoor furniture; rations. The words "we", "us" and "our" refer to the Company providing this insurance. (c) Floor coverings; In SECTION II — LIABILITY, the word "insured" means (d) Appliances used for refrigerating, any person or organization qualifying as such under Para- ventilating, cooking, dishwashing or graph C.Who Is An Insured. laundering; Other words and phrases that appear in quotation marks (a) Lawn maintenance and snow removal have special meaning. Refer to Paragraph H. Property equipment; and Definitions in SECTION I — PROPERTY and Paragraph F. Liability And Medical Expenses Definitions in (>7 Alarm systems; SECTION II—LIABILITY. (8) If not covered by other insurance: SECTION I—PROPERTY (a) Additions under construction, altera- tions and repairs to the buildings or structures; We will pay for direct physical loss of or damage to Covered Property at the premises described in the (b) Materials, equipment, supplies and Declarations caused by or resulting from any Covered temporary structures, on or within Cause of Loss. 1,000 feet of the described premises, used for making additions, alterations 1. Covered Property or repairs to the buildings q Covered Property includes Buildings as described structures. under Paragraph a. below, Business Personal b. Business Personal Property located in or on Property as described under Paragraph b. below, the buildings at the described premises or in or both, depending on whether a Limit of the open (or in a vehicle) within 1,000 feet of Insurance is shown in the Declarations for that the described premises, including: type of property. Regardless of whether coverage is shown in the Declarations for Buildings, (1) Property you own that is used in your Business Personal Property, or both, there is no business; coverage for property described under Paragraph (2) Property of others that is in your care, 2. Property Not Covered. custody or control, except as otherwise a. Buildings, meaning the buildings and struc- provided in Loss Payment Property Loss tures at the premises described in the Dec- Condition Paragraph E.5.d.(3)(b); larations, including: (3) Tenant's improvements and betterments. (1) Completed additions; Improvements and betterments are fixtures, alterations, installations or (2) Fixtures, including outdoor fixtures and additions: swimming pools; (a) Made a part of the building or struc- (3) Permanently installed: ture you occupy but do not own; and (a) Machinery; and (b) You acquired or made at your ex- (b) Equipment; pense but cannot legally remove; (4) Fences; (4) Leased personal property which you have a contractual responsibility to insure, (5) Retaining walls, whether or not attached; unless otherwise provided for under (6) Your personal property in apartments, Paragraph 1.b.(2); and rooms or common areas furnished by you as landlord; PPS 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 1 of 48 (5) Exterior building glass, if you are a tenant 4. Limitations and no Limit of Insurance is shown in the Declarations for Building property. The a. We will not pay for loss of or damage to: glass must be owned by you or in your (1) Steam boilers, steam pipes, steam en- care, custody or control; gines or steam turbines caused by or 2. Property Not Covered resulting from any condition or event in- side such equipment. But we will pay for Covered Property does not include: loss of or damage to such equipment a. Aircraft, automobiles, motortrucks and other caused by or resulting from an explosion vehicles subject to motor vehicle registration; of gases fuel within the furnace any fired vessel or within the flues or pas- b. "Money" or "securities" except as provided in sages through which the gases of com- the: bustion pass. (1) Money And Securities Optional Cover- (2) Hot water boilers or other water heating age; or equipment caused by or resulting from (2) Employee Dishonesty Optional Coverage; any condition or event inside such boilers or equipment, other than an explosion. C. Contraband, or property in the course of (3) Property that is missing, where the only illegal transportation or trade; evidence of the loss or damage is a d. Land (including land on which the property is shortage disclosed on taking inventory, or located), water, growing crops; other instances where there is no physical evidence to show what hap- e. Outdoor radio or television antennas (including satellite dishes) and their lead-in to the grape This limitation does not wiring, masts or towers, signs (other than does apply to the Optional Coverage for Money and Securities. signs attached to buildings), trees, shrubs or plants, and lawns, all except as provided in (4) Property that has been transferred to a the Outdoor Property Coverage Extension. person or to a place outside the de- f. Watercraft (including motors, equipment and scribed premises on the basis of unau- accessories)while afloat; thorized instructions. g. Accounts, bills, food stamps, other evidences (5) The interior of any building or structure caused by or resulting from rain, snow, of debt, accounts receivable or "valuable sleet, ice, sand or dust, whether driven by papers and records"; except as otherwise provided in this policy; wind or not, unless: h. "Computer(s)" which are permanently in- (a) The building or structure first sustains stalled or designed to be permanently in- damage by a Covered Cause of Loss stalled in any aircraft, watercraft, motortruck to its roof or walls through which the or other vehicle subject to motor vehicle rain, snow, sleet, ice, sand or dust enters; or registration. This paragraph does not apply to "computer(s)"while held as"stock"; (b) The loss or damage is caused by or I. "Electronic data", except as provided under results from thawing of snow, sleet or ice on the building or structure. Additional Coverages — Electronic Data. This Paragraph I. does not apply to your"stock"of b. We will not pay for loss of or damage to the prepackaged software. following types of property unless caused by j. Animals, unless owned by others and the "specified causes of loss" or building boarded by you, or if owned by you, only as glass breakage: "stock"while inside of buildings. (1) Animals, and then only if they are killed or 3. Covered Causes Of Loss their destruction is made necessary. Risks of direct physical loss unless the loss is: (2) Fragile articles such as glassware, statuary, marble, chinaware and porce- a. Excluded in Paragraph B. Exclusions in lain, if broken. This restriction does not Section 1; or apply to: b. Limited in Paragraph 4. Limitations in Sec- (a) Glass that is part of the exterior or tion 1. interior of a building or structure; (b) Containers of property held for sale; or PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 2 of 48 (c) Photographic or scientific instrument (a) The total of the actual debris removal lenses. expense plus the amount we pay for direct physical loss or damage c. For loss or damage by theft, the following h types of property are covered only up to the coeds the Limit of Insurance n limits shown: Covered Property that has sustained t thiined loss or damage. (1) $2,500 for furs, fur garments and gar- (b) The actual debris removal expense ments trimmed with fur. exceeds twenty-five percent (25%) of (2) $2,500 for jewelry, watches, watch the sum of the deductible plus the movements, jewels, pearls, precious and amount that we pay for direct physical semiprecious stones, bullion, gold, silver, loss or damage to the Covered platinum and other precious alloys or Property that has sustained loss or metals. This limit does not apply to damage. jewelry and watches worth $100 or less Therefore, if Paragraphs (4)(a) and/or per item. 4( )(b) apply, our total payment for direct (3) $2,500 for patterns, dies, molds and physical loss or damage and debris re- forms. moval expense may reach but will never exceed the Limit of Insurance on the 5. Additional Coverages Covered Property that has sustained loss a. Debris Removal or damage, plus$25,000. (1) Subject to Paragraphs (3) and (4), we will (5) Examples pay your expense to remove debris of Example#1 Covered Property caused by or resulting from a Covered Cause of Loss that Limit of Insurance $ 90,000 occurs during the policy period. The Amount of Deductible $ 500 expenses will be paid only if they are Amount of Loss $ 50,000 reported to us in writing within one Amount of Loss Payable $ 49,500 hundred eighty (180) days of the date of direct physical loss or damage. ($50,000—$500) (2) Debris Removal does not apply to costs Debris Removal Expense $ 1 0,0 to: Debris Removal Expense (a) Extract 'pollutants" from land or Payable $ 10,000 water; or ($10,000 is 20%of$50,000) (b) Remove, restore or replace polluted The debris removal expense is less than land or water. twenty-five percent (25%) of the sum of the loss payable plus the deductible. The (3) Subject to the exceptions in Paragraph (4), the following provisions apply: sum of the loss payable and the debris removal expense ($49,500 + $10,000 = (a) The most that we will pay for the total $59,500) is less than the Limit of of direct physical loss or damage plus Insurance. Therefore the full amount of debris removal expense is the Limit of debris removal expense is payable in Insurance applicable to the Covered accordance with the terms of Paragraph Property that has sustained loss or (3). damage. Example#2 (b) Subject to Paragraph (a) above, the Limit of Insurance $ 90,000 amount we will pay for debris removal expense is limited to twenty-five Amount of Deductible $ 500 percent (25%) of the sum of the Amount of Loss $ 80,000 deductible plus the amount that we Amount of Loss Payable $ 79,500 pay for direct physical loss or damage to the Covered Property that has ($80,000—$500) sustained loss or damage. Debris Removal Expense $ 30,000 (4) We will pay up to an additional $25,000 Debris Removal Expense for debris removal expense, for each Payable location, in any one occurrence of Basic Amount $ 10,5r- physical loss or damage to Covered Additional Amount $ 19,5� Property, if one or both of the following circumstances apply: PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 3 of 48 The basic amount payable for debris (1) For the purpose of this Additional removal expense under the terms of Coverage—Collapse, abrupt collapse Paragraph (3) is calculated as follows: means an abrupt falling down or $80,000 ($79,500 + $500) x .25 = caving in of a building or any part of a $20,000; capped at $10,500). The cap building with the result that the applies because the sum of the loss building or part of the building cannot payable ($79,500) and the basic amount be occupied for its intended purpose. payable for debris removal expense (2) We will pay for direct physical loss or ($10,500) cannot exceed the Limit of In- damage to Covered Property, caused surance($90,000). by abrupt collapse of a building or The additional amount payable for debris any part of a building that is insured removal expense is provided in ac- under this policy or that contains cordance with the terms of Paragraph (4), Covered Property insured under this because the debris removal expense policy, if such collapse is caused by ($30,000) exceeds twenty-five percent one or more of the following: (25%) of the loss payable plus the deductible($30,000 is 37.5°1° of$80,000), (a) Building decay that is hidden and because the sum of the loss payable from view, unless the presence and debris removal expense ($79,500 + such decay is known to an $30,000 = $109,500) would exceed the nsured prior to collapse; Limit of Insurance ($90,000). The add!- (b) Insect or vermin damage that is tional amount of covered debris removal hidden from view, unless the expense is $19,500. Thus the total presence of such damage is payable for debris removal expense in known to an insured prior to this example is the entire 30,000. collapse; b. Preservation Of Property (c) Use of defective material or If it is necessary to move Covered methods in construction, Property from the described premises to remodeling or renovation if the preserve it from loss or damage by a abrupt collapse occurs during the Covered Cause of Loss, we will pay for course of the construction, any direct physical loss of or damage to remodeling or renovation. that property: (d) Use of defective material or (1) While it is being moved or while methods in construction, temporarily stored at another location; remodeling or renovation if the and abrupt collapse occurs after the construction, remodeling or (2) Only if the loss or damage occurs renovation is complete, but only if within ninety (90) days after the the collapse is caused in part by: property is first moved. (i) A cause of Toss listed in Para- c. Fire Department Service Charge graph (2)(a) or(2)(b); When the fire department is called to (it) One or more of the "specified save or protect Covered Property from a causes of loss"; Covered Cause of Loss, we will pay up to $25,000, unless a different limit is shown (III) Breakage of building glass; in the Declarations, for your liability for (iv)Weight of people or personal fire department service charges: property; or (1) Assumed by contract or agreement (v) Weight of rain that collects on prior to loss; or a roof. (2) Required by local ordinance. (3) This Additional Coverage — Collapse d. Collapse does not apply to: The coverage provided under this Addi- (a) A building or any part of a tional Coverage — Collapse applies only building that is in danger of falling down or caving in; to an abrupt collapse as described and limited in Paragraphs d.(1)through d.(7). PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 4 of 48 (b) A part of a building that is The coverage stated in this standing, even if it has separated Paragraph (5) does not apply to from another part of the building; personal property if marring andlq or scratching is the only damage to the, personal property caused by the (c) A building that is standing or any collapse. part of a building that is standing, even if it shows evidence of (6) This Additional Coverage — Collapse cracking, bulging, sagging, bend- does not apply to personal property ing, leaning, settling, shrinkage or that has not abruptly fallen down or expansion. caved in, even if the personal property shows evidence of cracking, (4) With respect to the following property: bulging, sagging, bending, leaning, (a) Awnings; settling, shrinkage or expansion. (b) Gutters and downspouts; (7) This Additional Coverage — Collapse will not increase the Limits of (c) Yard fixtures; Insurance provided in this policy. (d) Outdoor swimming pools; (8) The term Covered Cause of Loss (a) Piers,wharves and docks; includes the Additional Coverage — Collapse as described and limited in (f) Beach or diving platforms or Paragraphs d.(1)through d.(7). appurtenances; e. Water Damage, Other Liquids, Powder (g) Retaining walls; and Or Molten Material Damage (h) Walks, roadways and other If loss or damage caused by or resulting paved surfaces; from covered water or other liquid, if an abrupt collapse is caused by a powder or molten material occurs, we will cause of loss listed in Paragraphs also pay the cost to tear out and replace (2)(a) through (2)(d), we will pay for any part of the building or structure to loss or damage to that property only if repair damage to the system or appliance such loss or damage is a direct result from which the water or other substanc' of the abrupt collapse of a building escapes. insured under this policy and the We will not pay the cost to repair any de- property is Covered Property under fect that caused the loss or damage; but this policy. we will pay the cost to repair or replace (5) If personal property abruptly falls damaged parts of fire extinguishing down or caves in and such collapse is equipment if the damage: not the result of abrupt collapse of a (1) Results in discharge of any building, we will pay for lass or substance from an automatic fire damage to Covered Property caused protection system; or by such collapse of personal property only if: (2) Is directly caused by freezing. (a) The collapse of personal property f. Business Income was caused by a cause of loss (1) Business Income listed in Paragraphs (2)(a) through (2)(d) of this Additional (a) We will pay for the actual loss of Coverage; Business Income you sustain due to the necessary suspension of (b) The personal property which col- your "operations" during the lapses is inside a building; and 'period of restoration'. The (c) The property which collapses is suspension must be caused by not of a kind listed in Paragraph direct physical loss of or damage (4), regardless of whether that to property at the described kind of property is considered to premises. The loss or damage be personal property or real property. PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 5 of 48 � � H. �xoou1voo n\un1bo caused bycvny;uk�om � Executives; a Covered Cause ofLnooVV�k . � fit. Department Managers; respect to loss nfor damage to personal property in the open or iv. Employees under con- personal proportyinmvahio|e' tract; and the described premises include v� 8ddi8nno| Exemptions the area vvithin1O00foa� n� tho ' shown in the Dmdoro- oito at which the described (ionoao: premises are located. � Job Classifications; yYithrespect (n the roquinwm*nh; or ` oof forth in the preceding punagraph, if you occupy only *v Employees. part uf the site at which the (if) Include: � described premises are located, your premises means: I. Payroll; (i) The portion of the building ji. Employee benefits, if which you rent, lease or directly related 1opayroll; nnoupy; nnn Ni. FICA payments you pay; (it) Any area within the building i`� Union dues youpay�' and orontheoitootwhichtho described prom|000 are v. YVorkoru' compensation located, if that area services, premiums. orin used tn gain access to, the described premises. (2) Extended Business Income (b) VVe will only pay for loss »f (a) If the /necessary suspension uf Business |noonoo' including your "operations" produces ordinary payroll *xponoo �ho� Business Income loss payable ' under this po|ioy, we will pay for yuueuatoindu�ngth� "poriudof ' the oo1ua) loss �� Buo|noo� restoration" and that occurs Income you incur during the � within twelve (12) consecutive period that: months after the date o[ direct physical loss urdamage. (i) Begins on the date property (c) Business Income means the�� except finished stock is actually repaired, rebuilt o, (i) Net Income (Net Profit or replaced and "uporaduno"are Loss before income taxes) resumed; and that would have been earned Endsnn�hoomdiorot or |nxunedifnophydna| loss (if) or damage had occurred, but I. The date you could re- not indudinganyNot |nnooue store your "nperutions". that would likely have been with reasonable speed, to ! earned uxa result nfanin- the level which would | crease in the volume uf generate the Business huoinoon due to favorable income amount that business conditions caused would have existed if no by the impact of the Covered direct physical loss or Cause of Loss oncustomers damage had occurred; nr oron other bunineoueoand ' it. Ninety (90) consecutive (ii) Continuing normal operating days after the do10 expenses incurred, including determined inParagraph payroll. (u)(|) above, unless a (d) Ordinary payroll expensen�� greater number nf con- secutive dayoiaohownin (I) Means payroll expenses for the Declarations. all your employees except: i. Officers; However, Extended Business |n' (2) Extra Expense means expense come does not apply k> loss (f incurred: Business Income incurred as e (a) To avoid or minimize th( result of unfavorable business suspension o( business and to conditions caused by the impact continue "operations": of the Covered Cause of Loss |n the area where the described (i) A\the described premises; ur premises are located. (iUAt replacement premises nr (b) Loss of Business Income must be at temporary locations, in- caused by direct physical loss or dudinO n:|ocoi|on exponnen, damage oi the described prom' and nnotp to equip and ioeu caused byor resulting from operate the replacement or any Covered Cause nfLoss. temporary locations. (J) VVi\h respect to the coverage (h) To minimize the suspension of provided in this Additional Coverage, business if you cannot continue suspension means: "operations". (a) The partial slowdown orcomplete (o) To: cessation of your business (I) Repair or replace any uotiviheuor ' property; or (h) That u part or all of the described (ii) R*�*aroh replace orrestore premises is rendered untonant' ' the lost information on dam- able, if coverage for Business aged "valuable papers and Income applies. records"; (4) This Additional Coverage in not to the extent' it reduces the subject to the Limits o[ Insurance nf amount of |ouo that otherwise SECTION |—PROPERTY. would have been payable under g. Extra Expense this Additional Coverage or (1) VVe will pay necessary Extra Expense Income. ` Addihona| Coverage f. Busines( you incur during the "period vf � restoration" that you would not have (3) VYith respect to the coverage incurred if there had been no direct provided in this Additional Coverage, physical loss ur damage toproperty suspension means: ot the described premises. The loss (a) The partial slowdown orcomplete or damage must bo caused byor oeoouiiun of your business result from e Covered Cause ofLoss. activities; ur YVdhrespect Lv loss nfo, damage tn personal property in the open or (b) That o part or all o[the described personal property ina vehicle, the premises io rendered uo1enunt- d*poribeUprannioenino|udoihnaroa able, i/ coverage for Business within 1,0D0 feet of the site otwhich Income applies. the described premises are located. (4) We will only pay for Extra Expense With respect to the requirements set that occurs within b^mhe (12) forth in the preceding paragraph, if consecutive months after the date of you occupy only part of the site a1 direct physical loss or damage. This which the described premises are Additional Coverage io not subject tn located,your premises means: the Limits of Insurance of SECTION | (a) The po8 —PR��PERTYinno� �hebui|dingwhich . you rent, lease or occupy; and (b) Any area within the building oron the site at which the described premises are located, if that area services, nrio used togain access to, the described premises. ' PPB101081O Contains copyrighted material nf Insurance Services Office, Inc. Page 7of48 h. Pollutant Clean-up And Removal Civil Authority coverage for necessary Extra Expense will begin immediately We will pay your expense to extract .'pollutants" from land water at the after the time of the first action of civil authority that prohibits access to the described premises if the discharge, described premises and will end: dispersal, seepage, migration, release or escape of the "pollutants" is caused by or (1) Four (4) consecutive weeks after the results from a Covered Cause of Loss date of that action; or that occurs during the policy period. The (2) When your Civil Authority coverage expenses will be paid only if they are for Business Income ends; reported to us in writing within one hundred eighty (180) days of the date on whichever is later. which the Covered Cause of Loss occurs. The definitions of Business Income and This Additional Coverage does not apply Extra Expense contained in the Business to costs to test for, monitor or assess the Income and Extra Expense Additional existence, concentration or effects of Coverages also apply to this Civil "pollutants". But we will pay for testing Authority Additional Coverage. The Civil which is performed in the course of Authority Additional Coverage is not extracting the"pollutants"from the land or subject to the Limits of Insurance of water. SECTION I—PROPERTY. The most we will pay for each location j. Money Orders And "Counterfeit under this Additional Coverage is$25,000 Money" for the sum of all such expenses arising We will pay for loss resulting directly from out of Covered Causes of Loss occurring your having accepted in good faith, in ex- during each separate twelve (12) month change for merchandise, "money" or period of this policy. services: I. Civil Authority (1) Money orders issued by any post When a Covered Cause of Loss causes office, express company or bank that damage to property other than property at are not paid upon presentation; or the described premises, we will pay for the actual loss of Business Income you (2) "Counterfeit money" that is acquired during the regular course of business. sustain and necessary Extra Expense caused by action of civil authority that The most we will pay for any loss under prohibits access to the described this Additional Coverage is $1,000. premises, provided that both of the k. Forgery Or Alteration following apply: (1) Access to the area immediately sur- (1) We will pay for loss resulting directly rounding the damaged property is from forgery or alteration of, any prohibited by civil authority as a result check, draft, promissory note, bill of of the damage, and the described exchange or similar written promise premises are within that area but are of payment in "money", that you or not more than one hundred miles your agent has issued, or that was from the damaged property; and issued by someone who imperson- (2) The action of civil authority is taken in ates you or your agent. response to dangerous physical (2) If you are sued for refusing to pay the conditions resulting from the damage check, draft, promissory note, bill of or continuation of the Covered Cause exchange or similar written promise of Loss that caused the damage, or of payment in "money", on the basis the action is taken to enable a civil that it has been forged or altered, and authority to have unimpeded access you have our written consent to to the damaged property. defend against the suit, we will pay Civil Authority coverage for Business In- for any reasonable legal expenses come will begin twenty-four (24) hours that you incur in that defense. after the time of the first action of civil (3) For the purpose of this coverage, authority that prohibits access to the check includes a substitute check as described premises and will apply for a defined in the Check Clearing for the period of up to four(4)consecutive weeks 21st Century Act, and will be treated from the date on which such coverage the same as the original it replaced. began. PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 8 of 48 i (4) The most we will pay for any loss, in- (6) The most we will pay under this Addi- cluding legal expenses, under this tional Coverage, for each described Additional Coverage is$2,500, unless building insured under SECTION I -, a higher Limit of Insurance is shown PROPERTY, is $10,000. If a clam_ in the Declarations. aged building(s) is covered under a blanket Limit of Insurance which I. Increased Cost Of Construction applies to more than one building or (1) This Additional Coverage applies only item of property, then the most we will to buildings insured on a replacement pay under this Additional Coverage, cost basis. for each damaged building, is (2) In the event of damage by a Covered $10,000. Cause of Loss to a building that is The amount payable under this Covered Property, we will pay the Additional Coverage is additional increased costs incurred to comply insurance. with enforcement of an ordinance or (7) With respect to this Additional law in the course of repair, rebuilding Coverage: or replacement of damaged parts of that property, subject to the limi- (a) We will not pay for the Increased tations stated in Paragraphs (3) Cost of Construction: through (9) of this Additional (I) Until the property is actually Coverage. repaired or replaced, at the (3) The ordinance or law referred to in same or another premises; Paragraph (2) of this Additional Cov- and erage is an ordinance or law that (ii) Unless the repairs or replace- regulates the construction or repair of ment are made as soon as buildings or establishes zoning or reasonably possible after the land use requirements at the des- loss or damage, not to ex- cribed premises, and is in farce at the ceed two (2) years. We may time of loss. extend this period in writing (4) Under this Additional Coverage, we during the two (2)years. will not pay any costs due to an (b) If the building is repaired or ordinance or law that: replaced at the same premises, (a) You were required to comply with or if you elect to rebuild at before the loss, even when the another premises, the most we building was undamaged; and will pay for the Increased Cost of Construction is the increased (b) You failed to comply with. cost of construction at the same (5) Under this Additional Coverage, we premises. will not pay for: (c) If the ordinance or law requires (a) The enforcement of any ordi- relocation to another premises, nance or law which requires the most we will pay for the demolition, repair, replacement, Increased Cost of Construction is reconstruction, remodeling or the increased cost of construction remediation of property due to at the new premises. contamination by 'pollutants" or (8) This Additional Coverage is not due to the presence, growth, subject to the terms of the Ordinance proliferation, spread or any Or Law Exclusion, to the extent that activity of "fungi", wet rot or dry such Exclusion would conflict with the rot; or provisions of this Additional (b) Any costs associated with the en- Coverage. forcement of an ordinance or law which requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess the effects of"pollutants", "fungi", wet rot or dry rot. PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 9 of 48 (9) The costs addressed in the Loss Pay- (a) Deliver materials or services to ment Property Loss Condition in you, or to others for your account. SECTION I — PROPERTY do not But services does not mean include the increased cost attributable water, communication or power to enforcement of an ordinance or supply services; law. The amount payable under this (b) Accept your products or services; Additional Coverage, as stated in Paragraph (6) of this Additional (c) Manufacture your products for Coverage, is not subject to such delivery to your customers under limitation. contract for sale;or m. Business Income and Extra Expense (d) Attract customers to your From Dependent Properties business. (1) We will pay for the actual loss of The dependent property must be Business Income and Extra Expense located in the coverage territory of you sustain due to physical loss or this policy. damage at the premises of a (6) The coverage period for Business In- dependent property caused by or come under this Additional Coverage: resulting from any Covered Cause of Loss. (a) Begins twenty-four (24) hours after the time of direct physical j However, this Additional Coverage loss or damage caused by or does not apply when the only loss to resulting from any Covered dependent property is loss or damage Cause of Loss at the premises of to "electronic data', including de- the dependent property; and struction or corruption of "electronic data". If the dependent property (b) Ends on the date when the sustains loss or damage to "elec- property at the premises of the tronic data" and other property, dependent property should be coverage under this Additional repaired, rebuilt or replaced with Coverage will not continue once the reasonable speed and similar other property is repaired, rebuilt or quality. replaced. (7) The Business Income coverage per- The most we will pay under this Addi- iod, as stated in Paragraph (5), does tional Coverage is $5,000 unless a not include any increased period higher Limit of Insurance is indicated required due to the enforcement of in the Declarations. any ordinance or law that: (2) We will reduce the amount of your (a) Regulates the construction, use Business Income loss, other than or repair, or requires the tearing Extra Expense, to the extent you can down of any property; or resume "operations", in whole or in (b) Requires any insured or others to part, by using any other available: test for, monitor, clean up, (a) Source of materials; or remove, contain, treat, detoxify or (b) Outlet for your products. neutralize, or in any way respond to, or assess the effects of (3) We will reduce the amount of your "pollutants". Extra Expense loss to the extent you The expiration date of this policy will can return "operations" to normal and not reduce the Business Income discontinue such Extra Expense. coverage period. (4) If you do not resume "operations", or (8) The definitions of Business Income do not resume "operations' as quickly and Extra Expense contained in the as possible, we will pay based on the Business Income Additional Cover- length of time it would have taken to age and Extra Expense Additional resume "operations" as quickly as Coverage also applies to this possible. Business Income and Extra Expense (5) Dependent property means property From Dependent Properties Addi- owned by others whom you depend tional Coverage. on to: PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 10 of 48 n. Glass Expenses (2) The Covered Causes of Loss applicable to Business Personal (1) We will pay for expenses incurred to put up temporary plates or board up Property include a computer virus harmful code or similar instruction openings if repair or replacement of damaged glass is delayed. introduced into or enacted on a o puter system (including "electronic (2) We will pay for expenses incurred to data") or a network to which it is con- remove or replace obstructions when nected, designed to damage or repairing or replacing glass that is destroy any part of the system or part of a building. This does not disrupt its normal operation. But there include removing or replacing window is no coverage for loss or damage displays. caused by or resulting from manipulation of a computer system o. Fire Extinguisher Systems Recharge Expense (including 'electronic data") by any P employee, including a temporary or (1) We will pay: leased employee, or by an entity re- ( tained by you, or for you, to inspect, a) The cost of recharging or replac- design, install, modify, maintain, ing, whichever is less, your fire repair or replace that system. extinguishers and fire extinguish- ing systems (including hydrostatic (3) The most we will pay under this Addi- testing if needed) if they are dis- tional Coverage — Electronic Data for charged on or within 1,000 feet of all loss or damage sustained in any the described premises; and one policy year, regardless of the b For loss or damage to Covered number of occurrences of loss or ( ) damage or the number of premises, Property if such loss or damage locations or computer systems is the result of an accidental involved, is $10,000, unless a higher discharge of chemicals from a fire Limit of Insurance is shown in the extinguisher or a fire extinguish- Declarations. If loss payment on the ing system. first occurrence does not exhaust this (2) No coverage will apply if the fire amount, then the balance is availabl'i extinguishing system is discharged for subsequent loss or damage during installation or testing. sustained in, but not after, that policy 3 The most we will a under this Addi- year. With respect to an occurrence ( ) pay which begins in one policy year and tional Coverage is$10,000 in any one continues or results in additional loss occurrence. or damage in a subsequent policy p. Electronic Data year(s), all loss or damage is deemed to be sustained in the policy year in (1) Subject to the provisions of this Addi- which the occurrence began. tional Coverage, we will pay for the cost to replace or restore "electronic q. Interruption Of Computer Operations data" which has been destroyed or (1) Subject to all provisions of this Addi- corrupted by a Covered Cause of tional Coverage, you may extend the Loss. To the extent that "electronic insurance that applies to Business data" is not replaced or restored, the Income and Extra Expense to apply loss will be valued at the cost of to a suspension of "operations" replacement of the media on which caused by an interruption in computer the "electronic data" was stored, with operations due to destruction or blank media of substantially identical corruption of "electronic data" due to type. a Covered Cause of Loss. (2) With respect to the coverage pro- vided under this Additional Coverage, the Covered Causes of Loss are subject to the following: PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 11 of 48 (a) Coverage under this Additional (4) This Additional Coverage - Interrup- Coverage - Interruption Of tion Of Computer Operations does Computer Operations is limited to not apply to loss sustained or the "specified causes of loss" and expense incurred after the end of the Collapse. "period of restoration", even if the amount of insurance stated in (3) (b) If the eusinessowners Coverage above has not been exhausted. Form is endorsed to add a Cov- ered Cause of Loss, the addi- (5) Coverage for Business Income does tional Covered Cause of Loss not apply when a suspension of does not apply to the coverage "operations" is caused by destruction provided under this Additional or corruption of "electronic data", or Coverage. any loss or damage to "electronic ( data", except as provided under c) The Covered Causes of Loss Paragraphs (1) through (4) of this include a computer virus, harmful code or similar instruction intro- Additional Coverage. duced into or enacted on a (6) Coverage for Extra Expense does not computer system (including "elec- apply when action is taken to avoid or tronic data") or a network to minimize a suspension of "opera- which it is connected, designed to tions" caused by destruction or cor- damage or destroy any part of ruption of "electronic data", or any the system or disrupt its normal loss or damage to "electronic data", operation. But there is no cover- except as provided under Paragraphs age for an interruption related to (1) through (4) of this Additional manipulation of a computer Coverage. system (including "electronic r. Limited Coverage For"Fungi",Wet Rot data")by any employee, including Or Dry Rot a temporary or leased employee, or by an entity retained by you, or (1) The coverage described in Para- for you, to inspect, design, install, graphs r.(2) and r.(6) only applies modify, maintain, repair or re- when the"fungi",wet rot or dry rot are - place that system. the result of a "specified cause of (3) The most we will pay under this Addi- loss" other than fire or lightning that occurs during the policy period and tional Coverage - Interruption Of C only if all reasonable means were Computer Operations far all loss sustained and expense incurred in used y from further damage at the save and preserve the property any one policy year, regardless of the time of and after that occurrence. number of interruptions or the number of premises, locations or computer (2) We will pay for loss or damage by systems involved, is $10,000 unless a "fungi", wet rot or dry rot. As used in higher Limit of Insurance is shown in this Limited Coverage, the term loss the Declarations. If loss payment or damage means: relating to the first interruption does (a) Direct physical loss or damage to not exhaust this amount, then the Covered Property caused by balance is available for loss or "fungi", wet rot or dry rot, expense sustained or incurred as a including the cost of removal of result of subsequent interruptions in the "fungi",wet rot or dry rot; that policy year. A balance remaining at the end of a policy year does not (b) The cost to tear out and replace increase the amount of insurance in any part of the building or other the next policy year. With respect to property as needed to gain any interruption which begins in one access to the "fungi", wet rot or policy year and continues or results in dry rot; and additional loss or expense in a subsequent policy year(s), all loss and expense is deemed to be sustained or incurred in the policy year in which the interruption began. PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 12 of 48 i (c) The cost of testing performed (6) The following applies only if Business after removal, repair, replace- Income and/or Extra Expense Gover- ment or restoration of the dam- age applies to the described prem aged property is completed, ises and only if the suspension o, provided there is a reason to "operations" satisfies all the terms believe that"fungi", wet rot or dry and conditions of the applicable rot are present. Business Income and/or Extra (3) The coverage described under this Expense Additional Coverage. Limited Coverage is limited to (a) If the loss which resulted in $15,000. Regardless of the number of "fungi", wet rot or dry rot does not claims, this limit is the most we will in itself necessitate a suspension pay for the total of all loss or damage of "operations", but such suspen- arising out of all occurrences of sion is necessary due to loss or "specified causes of loss" (other than damage to property caused by fire or lightning) which take place in a "fungi", wet rot or dry rot, then our twelve (12) month period (starting payment under the Business with the beginning of the present Income and/or Extra Expense is annual policy period). With respect to limited to the amount of loss a particular occurrence of loss which and/or expense sustained in a results in "fungi", wet rot or dry rot, period of not more than thirty (30) we will not pay more than the total of days. The days need not be $15,000 even if the "fungi", wet rot or consecutive. dry rot continues to be present or active, or recurs, in a later policy (b) I. a covered suspension of period. "operations" was caused by loss or damage other than "fungi", wet (4) The coverage provided under this rot or dry rot, but remediation of Limited Coverage does not increase "fungi", wet rot or dry rot prolongs the applicable Limit of Insurance on the "period of restoration", we will any Covered Property. If a particular pay for loss and/or expense sus- occurrence results in loss or damage tained during the delay (regard by "fungi", wet rot or dry rot, and less of when such a delay occurs— other loss or damage, we will not pay during the "period of restoration"), more, for the total of all loss or but such coverage is limited to damage, than the applicable Limit of thirty (30) days. The days need Insurance on the affected Covered not be consecutive. Property. s. Expediting Expenses If there is covered loss or damage to (1) We will pay for the reasonable and Covered Property, not caused by necessary additional expenses you "fungi", wet rot or dry rot, loss incur for direct physical loss of or payment will not be limited by the damage to Covered Property caused terms of this Limited Coverage,except to the extent that "fungi", wet by or resulting from a Covered Cause rot or dry rot causes an increase in of Loss, to make temporary repairs, the loss. Any such increase in the expedite permanent repairs, or loss will be subject to the terms of this expedite permanent replacement, at Limited Coverage. the premises sustaining loss or dam- age. Expediting expenses include (5) The terms of this Limited Coverage overtime wages and the extra cost of do not increase or reduce the express or other rapid means of coverage provided under the Water transportation. Expediting expenses Damage, Other Liquids, Powder Or do not include expenses you incur for Molten Material Damage or Collapse the temporary rental of property or Additional Coverages. temporary replacement of damaged property. PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 13 of 48 a Your new buildings while being (2) This Additional Coverage does not ( ) g g apply to the Optional Coverage for built on the described premises; Equipment Breakdown Protection and Coverage. (b) Buildings you acquire at premises (3) The most we will pay under this other than the one described, Additional Coverage is $25,000 in intended for: any one occurrence. (i) Similar use as the building t. Claims Data Expense described in the Declarations; (1) We will pay the reasonable expenses or you incur in preparing claim data (ii) Use as a warehouse. when we require such data to show The most we will pay for loss or the extent of loss. This includes the damage under this Extension is cost of taking inventories, making $250,000 at each building. appraisals, preparing income statements, and preparing other (2) Business Personal Property documentation. If this policy covers Business (2) Under this Additional Coverage, we Personal Property, you may extend will not pay for; that insurance to apply to: (a) Any expenses incurred, directed, (a) Business Personal Property, I or billed by or payable to including such property that you attorneys, insurance adjusters or newly acquire, at any location their associates or subsidiaries; you acquire; (b) Any costs in connection with (b) Business Personal Property, Paragraph E.2.,Appraisal; or including such property that you newly acquire located at your (c) Any expenses incurred, directed, or billed by or payable to newly constructed or acquired buildings at the location insurance brokers or agents, or t described in the Declarations;or heir associates or subsidiaries, without our written consent prior (c) Business Personal Property that to such expenses being incurred. you newly acquire, located at the (3) The most we will pay for preparation described premises. of claim data under this Additional This Extension does not apply to per- Cover in any one occurrence is sonal property that you temporarily $10,000 regardless of the number of acquire in the course of installing or premises involved. performing work on such property or 6. Coverage Extensions your wholesale activities. In addition to the Limits of Insurance of The most we will pay for loss or SECTION I — PROPERTY, you may extend damage under this Extension is the insurance provided by this policy as $100,000 at each building. provided below. (3) Period Of Coverage Except as otherwise provided, the following With respect to insurance on or at Extensions apply to property located in or on each newly acquired or constructed the building described in the Declarations or property, coverage will end when any in the open (or in a vehicle) within 1,000 feet of the following first occurs: of the described premises. (a) This policy expires; a. Newly Acquired Or Constructed (b) One hundred eighty (180) days Property expire after you acquire the (1) Buildings property or begin construction of If this policy covers Buildings, you that part of the building that may extend that insurance to apply would qualify as covered property; or to: (c) You report values to us ; or PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 14 of 48 i i (d) The property iu more specifically e. Valuable Papers And Records insured. (1) You may extend the insurance the' We will uhurOo you additional applies to Business Perxnn� premium for values reported from the Property to apply to direct physical date you acquire the property nr loss or damage 1u "valuable papers begin construction of that part ofthe and records"that you own, or that are building that would qualify oncovered in your care, custody orcontrol property. caused by or resulting from a Covered Cause of Loss. This ' W. Personal Property Off-Premises Coverage Extension includes the cost You may extend the insurance provided to research, replace ur restore the hy this policy k/ apply to your Covered lost information nn "valuable papers Proporty, other than "money" and and records" for which duplicates do "securities", "valuable papers and not exist. records" or accounts rncuivab|e �whi|o� it ' (2) This Coverage Extension does not io )n the course of transit oratupremises apply to: you do not own. lease or operate. The most wo will pay for loss ordamage (u) Property held an samples orfor under this Extension io $1D'0O0. delivery after sale; and c. Outdoor Property (b) Property in storage away from the premises shown in the (1) You may extend the insurance Dedu,o\inos. provided by this policy \o apply to direct physical loss ofur damage to (o) The most we will pay under this the following types of outdoor Coverage Extension for |000 or property at the described premises damage to "valuable papers and caused by or resulting from a records" in any one occurrence atthe Covered Cause ofLoss: d000hbod pronoi000 in $10'000, unless a higher Limit uf Insurance for (a) Radio and television antennas .va|uab|n papers and records" is (including satellite dishes); shown in the Declarations. \ _ (b) Bridges, walks, roadways, patios For"valuable papers and records" not and other paved surfaces; ur at the described premises the most (c) Trees, shrubs, plants, and lawns. we will pay io$5'O00, (2) The most we will pay for |ono or (4) Loss ur damage to "valuable papers damage under this Extension is and records" will be valued utthe $2.500 at each described location, cost ofrestoration or replacement of unless x higher Limit nf Insurance for the lost or damaged information. To Outdoor Property io shown iothe the extent that the contents ofthe Doo|ara\iuno, but not more than "valuable papers and records"are not %1,000 for any one tree, shrub, plant, restored, the "valuable papers and or lawn. records" will bo valued ot the cost n( replacement with blank materials u/ d Personal � substantially identical type. You may extend the insurance that (S) Paragraph B. Exclusions in applies to Business Personal Property \o SECTION | ~ PROPERTY does not apply to personal effects owned by you, apply to this Coverage Extension your officers, your urpartnorsor"mernhero" ' except for: your "manaqern" or your employees. This extension does not apply to: (a) Paragraph B.1.c.. Governmental Action; (1) Tools oroquipnnon(used in your buoi- Ac ' noon; or (b) Pmrmgroph 8.1.0, Nuclear (%) Loss nr damage bytheft. Hazard; (m) PmroOraph B.I.f.' VVor And The most me will pay for loss o/ damage Military Action; under this Extension in $2.500 at each described premises. PPG1010O10 Contains copyrighted material of Insurance Services Office, Inc. Page 15nf48 (d) Paragraph B.2.f., Dishonesty; (f) Paragraph B.3.; and (e) Paragraph B.2.g., False (g) Paragraph B.6., Accounts Pretense; Receivable Exclusion. (f) Paragraph B.2.m.(2), Errors Or g. Outdoor Signs Omissions; and (1) If you are the building owner and a (g) Paragraph B.3. limit of insurance is shown in the f. Accounts Receivable declarations for Building, you may extend that insurance to apply to (1) You may extend the insurance that direct physical loss of or damage to applies to Business Personal outdoor signs: Property to apply to accounts (a) Owned by you; or receivable. We will pay: (b) Owned by others but in your (a) All amounts due from your care,custody or control. customers that you are unable to collect; (2) If you are a tenant and a limit of insurance (b) Interest charges on any loan re- f shown n the declarations for Business Personal quired to offset amounts you are Property, you may extend this unable to collect pending our insurance to apply to direct physical payment of these amounts; loss of or damage to outdoor signs: (c) Collection expenses in excess of (a) Owned by you; or your normal collection expenses that are made necessary by loss (b) Owned by others that you are or damage; and contractually obligated to repair (d) Other reasonable expenses that or replace. you incur to reestablish your (3) Paragraph A.3., Covered Causes Of records of accounts receivable; Lass, and Paragraph B. Exclusions in SECTION I — PROPERTY, do not that result from direct physical loss or apply to this Coverage Extension, damage by any Covered Cause of except for: Loss to your records of accounts receivable. (a) Paragraph B.1.c., Governmental (2) The most we will pay under this Action; Coverage Extension for loss or (b) Paragraph 6.1.d., Nuclear damage in any one occurrence at the Hazard; and described premises is $10,000, (c) Paragraph 13.1.f., War And unless a higher Limit of Insurance for Military Action. accounts receivable is shown in the Declarations. (4) We will not pay for loss or damage For accounts receivable not at the de- caused by or resulting from: scribed premises, the most we will (a) Wear and tear; pay is$5,000. (b) Hidden or latent defect; (3) Paragraph B. Exclusions in (c) Rust; SECTION I — PROPERTY does not apply to this Coverage Extension (d) Corrosion; or except for: (a) Mechanical breakdown. (a) Paragraph B.1.c., Governmental Action; h. Appurtenant Buildings (b) Paragraph B.1.d., Nuclear (1) If this policy covers Building, you may Hazard; extend that insurance to apply to direct physical loss or damage to (c) Paragraph B.1.f., War And "appurtenant buildings' owned by Military Action; you, or owned by others that you are (d} Paragraph B.2.f., Dishonesty; contractually obligated to repair or replace. (e) Paragraph B.2.g., False Pretense; PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 16 of 48 (2) If this policy covers Business b. Earth Movement , Personal Property, you may extend (1) Earthquake, including any earth sinking that insurance to apply to direct rising or shifting related to such event; physical loss or damage to Business Personal Property located in or on (2) Landslide, including any earth sinking, "appurtenant buildings". rising or shifting related to such event; (3) "Appurtenant buildings" are buildings (3) Mine subsidence, meaning subsidence of or structures, for which no limit of a man-made mine, whether or not mining insurance is shown, that are located activity has ceased; on or within 1,000 feet of premises (4) Earth sinking (other than sinkhole col- described in the Declarations, lapse), rising or shifting including soil including: conditions which cause settling, cracking (a) Storage buildings; or other disarrangement of foundations or (b) Carports; other parts of realty. Soil conditions include contraction, expansion, freezing, (c) Garages; thawing, erosion, improperly compacted soil and the action of water under the (d) Pump houses; or ground surface. (a) Above ground tanks; But if Earth Movement, as described in (4) The most we will pay for loss or Paragraphs (1) through (4) above, results in damage under this Coverage fire or explosion, we will pay for the loss or Extension in any one occurrence for damage caused by that fire or explosion. any combination of physical loss or (5) Volcanic eruption, explosion or effusion. damage is$50,000. But if volcanic eruption, explosion or ef- B. Exclusions fusion results in fire, building glass breakage or volcanic action, we will pay 1. We will not pay for loss or damage caused l for the loss directly or indirectly by any of the following. Such damage caused that loss or damage is excluded regardless of any fire, building glass breakage or volcanic action. other cause or event that contributes concurrently or in any sequence to the loss. These exclusions Volcanic action means direct loss or apply whether or not the loss event results in damage resulting from the eruption of a widespread damage or affects a substantial area. volcano when the loss or damage is a. Ordinance Or Law caused by: 1 The enforcement of an ordinance or law: (a) Airborne volcanic blast or airborne O y shock waves; (a) Regulating the construction, use or (b) Ash,dust or particulate matter; or repair of any property; or (b) Requiring the tearing down of any (c) Lava flow. property, including the cost of remov- All volcanic eruptions that occur within ing its debris. any one hundred sixty-eight (168) hour (2) This exclusion, Ordinance Or Law, ap- period will constitute a single occurrence. plies whether the loss results from: Volcanic action does not include the cost ( to remove ash, dust or particulate matter a) An ordinance or law that is enforced even if the property has not been that does not cause direct physical loss of damaged; or or damage to Covered Property. c. Governmental Action (b) The increased costs incurred to comply with an ordinance or law in Seizure or destruction of property by order of the course of construction, repair, governmental authority. renovation, remodeling or demolition But we will pay for loss or damage caused by of property or removal of its debris, or resulting from acts of destruction ordered following a physical loss to that by governmental authority and taken at the property, time of a fire to prevent its spread, if the fire would be covered under this policy. PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 17 of 48 d. Nuclear Hazard g. Water Nuclear reaction or radiation, or radioactive (1) Flood, surface water, waves (including contamination, however caused. tidal wave and tsunami), tides,tidal water, But if nuclear reaction or radiation, or radio- overflow of any body of water, or spray from any of these, all whether or not active contamination, results in fire, we will pay for the loss or damage caused by that driven by wind (including storm surge); fire. (2) Mudslide or mudflow; e. Utility Services (3) Water that backs up or overflows or is otherwise discharged from a sewer, drain, The failure of power, communication,water or other utility service supplied to the described sump, sump pump or related equipment; premises, however caused, if the failure: (4) Water under the ground surface pressing (1) Originates away from the described on, or flowing or seeping through: premises; or (a) Foundations, walls, floors or paved (2) Originates at the described premises, but surfaces; only if such failure involves equipment (b) Basements,whether paved or not; or used to supply the utility service to the (c) Doors,windows or other openings; or described premises from a source away from the described premises. (5) Waterborne material carried or otherwise Failure of any utility service includes Zack of moved by any of the water referred to in sufficient capacity and reduction in supply. Paragraph (3) or (4), or material carried or otherwise moved by mudslide Loss or damage caused by a surge of power or mudflow. is also excluded, if the surge would not have This exclusion applies regardless of whether occurred but for an event causing a failure of any of the above, in Paragraphs (1) through power. (5), is caused by an act of nature or is But if the failure or surge of power, or the otherwise caused. An example of a situation failure of communication, water or other utility to which this exclusion applies is the situation service, results in a Covered Cause of Loss, where a dam, levee, seawall or other we will pay for the loss or damage caused by boundary or containment system fails in that Covered Cause of Loss. whole or in part,for any reason, to contain the Communication services include but are not water. limited to service relating to Internet access or But if any of the above, in Paragraphs (1) access to any electronic, cellular or satellite through (5), results in fire, explosion or network. sprinkler leakage, we will pay for the loss or This exclusion does not apply to Toss or damage caused by that fire, explosion or damage to "computer(s)" and "electronic sprinkler leakage. data". h. Certain Computer-related Losses f. War And Military Action (1) The failure, malfunction or inadequacy of: (1) War, including undeclared or civil war; (a) Any of the following, whether belong- (2) Warlike action by a military force, includ- ng to any insured or to others: ing action in hindering or defending (1) "Computer" hardware, including against an actual or expected attack, by microprocessors or other elec- any government, sovereign or other au- tronic data processing equipment thority using military personnel or other as may be described elsewhere agents; or in this policy; (3) Insurrection, rebellion, revolution, usur- (if) "Computer" application software ped power, or action taken by govern- or other "electronic data" as may mental authority in hindering or defending be described elsewhere in this against any of these. policy; PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 18 of 48 i (iii) "Computer" operating systems j. Virus Or Bacteria and related software; (1) Any virus, bacterium or other microor- (iv) "Computer"networks; ganism that induces or is capable ci (v) Microprocessors ("computer" inducing physical distress, illness or disease. chips) not part of any "computer" system; or (2) However, the exclusion in Paragraph (1) does not apply to loss or damage (vi) Any other computerized or elec- tronic equipment or components; caused by or resulting from "fungi", wet rot or dry rot. Such loss or or damage is addressed in Exclusion i.; (b) Any other products, and any services, (3) With respect to any loss or damage data or functions that directly or subject to the exclusion in Paragraph indirectly use or rely upon, in any (1), such exclusion supersedes any manner, any of the items listed in exclusion relating to"pollutants". Paragraph (a) above; 2• We will not pay for loss or damage caused by due to the inability to correctly recognize, d or resulting from any of the following: distinguish, interpret or accept one or more dates or times. An example is the a. Electrical Apparatus inability of computer software to recog- Artificially generated electrical, magnetic nize the year 2000. or electromagnetic energy that damages, (2) Any advice, consultation, design, evalu- disturbs, disrupts or otherwise interferes ation, inspection, installation, main- with any: tenance, repair, replacement or supervi- (1) Electrical or electronic wire, device, sion provided or done by you or for you to appliance, system or network; or determine, rectify or test for, any potential or actual problems described in Para- (2) Device, appliance, system or network graph (1)above. utilizing cellular or satellite However, if excluded loss or damage, as technology. described in Paragraph (1) above results in a For the purpose of this exclusion, eleo "specified cause of loss" under SECTION I — trical, magnetic or electromagnetic energy PROPERTY, we will pay only for the loss or includes but is not limited to: damage caused by such "specified cause of (1) Electrical current, including arcing; loss". We will not pay for repair, replacement or (2) Electrical charge produced or modification of any items in Paragraph (1}(a} conducted by a magnetic or electro- or(1)(b)to correct any deficiencies or change magnetic field; any features. (3) Pulse of electromagnetic energy; or I. "Fungi",Wet Rot Or Dry Rot (4) Electromagnetic waves or micro- Presence, growth, proliferation, spread or any waves. activity of"fungi", wet rot or dry rot. But if fire results, we will pay for the loss But if "fungi", wet rot or dry rot result in a or damage caused by fire. "specified cause of loss", we will pay for the We will pay for loss or damage to "com- loss or damage caused by that "specified puter(s)"due to artificially generated elec- cause of loss". trical, magnetic or electromagnetic energy This exclusion does not apply: if such loss or damage is caused by or re- This sults from: (1) When "fungi", wet rot or dry rot result from fire or lightning; or 10(1) occurrence that took place within 1000 feet of the described premises; (2) To the extent that coverage is provided in or the Limited Coverage For "Fungi", Wet (2) Interruption of electric power supply, Rot Or Dry Rot Additional Coverage, with if respect to loss or damage by a cause of power surge, blackout brownout loss other than fire or lightning. the cause such occurrence rrence took place within 1,000 feet of th' described premises. PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 19 of 48 b. Consequential Losses g. False Pretense Delay, loss of use or loss of market. Voluntary parting with any property by you or c. Smoke,Vapor, Gas anyone else to whom you have entrusted the property if induced to do so by any fraudulent Smoke, vapor or gas from agricultural scheme, trick, device or false pretense, smudging or industrial operations. h. Exposed Property d. Steam Apparatus Rain, snow, ice or sleet to personal property Explosion of steam boilers, steam pipes, in the open. steam engines or steam turbines owned or i. Collapse leased by you, or operated under your con- trol. But if explosion of steam boilers, steam (1) Collapse, including any of the following pipes, steam engines or steam turbines re- conditions of property or any part of the sults in fire or combustion explosion, we will property: pay for the loss or damage caused by that fire (a) An abrupt falling down or caving in; or combustion explosion. We will also pay for loss or damage caused by or resulting from (b) Loss of structural integrity, including the explosion of gases or fuel within the separation of parts of the property or furnace of any fired vessel or within the flues property in danger of falling down or or passages through which the gases of caving in; or combustion pass. (c) Any cracking, bulging, sagging, e. Frozen Plumbing bending, leaning, settling, shrinkage or expansion as such condition re- Water, other liquids, powder or molten ma- terial that leaks or flows from plumbing, ates to Paragraph i.(1)(a)or i.(1)(b). heating, air conditioning or other equipment But if collapse results in a Covered Cause (except fire protective systems) caused by or of Loss at the described premises, we will resulting from freezing, unless: pay for the loss or damage caused by (1) You do your best to maintain heat in the that Covered Cause of Loss. building or structure;or (2) This Exclusion 1., does not apply: (2) You drain the equipment and shut off the (a) To the extent that coverage is pro- supply if the heat is not maintained. vided under the Additional Coverage f. Dishonesty —Collapse; or Dishonest or criminal acts by you, anyone (b) To collapse caused by one or more of else with an interest in the property, or any of the following: your or their partners, "members", officers, (i) The"specified causes of loss"; "managers", employees, directors, trustees, (11) Breakage of building glass; authorized representatives or anyone to whom you entrust the property for any (III) Weight of rain that collects on a purpose: roof; or (1) Acting alone or in collusion with others; or (iv) Weight of people or personal (2) Whether or not occurring during the hours property. of employment. j. Pollution. This exclusion does not apply to acts of de- We will not pay for loss or damage caused by struction by your employees; but theft by or resulting from the discharge, dispersal, employees is not covered. seepage, migration, release or escape of With respect to accounts receivable and "pollutants" unless the discharge, dispersal, "valuable papers and records", this exclusion seepage, migration, release or escape is itself does not apply to carriers for hire, caused by any of the "specified causes of loss". But if the discharge, dispersal, This exclusion does not apply to coverage seepage, migration, release or escape of that is provided under the Employee Dis- "pollutants" results in a "specified cause of honesty Optional Coverage. loss", we will pay for the loss or damage caused by that"specified cause of loss". PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 20 of 48 k. Neglect However, vvu will pay for direct physical loss or damage caused by resulting fire orex- Neglect of an insured to use all reasonable p}osion if these causes of |ono would b( rneaooto save and prooun/oPruPe�yfrnrn covered by this coverage fnrm� fu�hordamage a1 and after the Umoofloss. u. Electrical Disturbance |� QtherTypes (JfLuss Electrical or magnetic injury, disturbance vr (1) Wear and tear; erasure o[ "electronic dm1m". except anpru- (2) Rust or other corrosion, docoy, du1orin- vidod for under the Additional Coverages of ration, hidden or latent defect orany SECTION |^PROPERTY. quality in property that causes it (udam- However, wo will pay for direct loss nr dam- age ordontrnyi1so|t age caused bylightning. (3) Smog; p. Continuous Or Repeated Qompay* Or (4) Settling, cracking, shrinking orexpansion; Leakage 8fWater (5) Nesting nr infestation, or discharge or Continuous or repeated seepage vrleakage release nf waste products vrsecretions, vf water, o/ the presence nr condensation of by inoon1o, birds' rodents or other humidity, moisture vr vapor, that occurs over animals; * period o[fourteen (14)days ormore. (&) Mechanical breakdown, including rupture 2. VYo will not pay for loss or damage caused byor or bursting caused by centrifugal force. resulting from any of the following Paragraphs a. This exclusion does not apply with re- through u. But ifun excluded cause nf loss that in opootiu the breakdown nf''oompot:r(s)"; listed in Paragraphs a. through c. results ino Covered Cause nf Loss,wo will pay for the loss or (T) The following causes of loss topersonal damage caused by that Covered Cause ofLoss, property: (a) Dampness or dryness ofatmosphere; a. Weather Conditions Weather conditions. But this exclusion only (b) Changes inor extremes nftempera- applies if weather conditions contribute inany 1ureor ' way with a cause or event excluded i� Paragraph i d the | (o) YMarrinOorovnatvhing� anaUrap B.I.� auvaoprnuuo eoouu, But ifun excluded cause of loss that islisted damage. in Paragraphs(1)through (7) above results in b. Acts OrDecisions a "specified cause oY loss" u/ building glass Acts nr decisions, including the failure ivact breakage, wo will pay for the loss ordamage or decide, nf any person, group, organization caused by that "specified cause of loss" ur ur governmental body. building glass breakage. c� Negligent Work mn. Errors (�rQnm1ss|ons Errors ur omissions in: Faulty, inadequate urdefective: (1) Planning, zoning, development, oun/oy' (1) Progrnmming. procnsningo, ninringdata. in0. oitinU; au described under "electronic data" orin any"oompuier"operations; nr (%) Deoign. upeoifiva(ions, workmanship, repair, construction, renovation, ronnod' (2) Pr0000singoronpying "vu|uub|* Pap*u; *|inq. grading, compaction; and records". (3) Materials used inropmircnnotruc�inn, However, wo will pay for direct physical loss r000vaU000rremodeling; or or ordomagocaused by resulting fire or ex- plosion ifLhenoouu0000f |000woo|dhe (4) W1ointennnvo; covered by this coverage form. of part or all uf any property onoroff the n. Installation, Testing, Repair described premises. Errors ur deficiency in design, installation, 4. Additional Exclusion testing, maintenance, modification or repair of The following applies only to the property your "oonopoter" system including "electronic oyeoi�odin |hinAddiiionn| Exdusiun� data" PP8101061V Contains copyrighted material of Insurance Services Office, Inc. Page 21of48 Loss Or Damage To Products a. Loss or damage caused by or resulting from e will not pay for loss or damage to any mer- alteration, falsification, concealment or W We will goods or other product caused by destruction of records of accounts receivable done to conceal the wrongful giving, taking or resulting from error or omission by any person or withholding of "money", 'securities" or other entity (including those having possession under an arrangement where work or a portion of the property. work is outsourced) in any stage of the This exclusion applies only to the extent of development, production or use of the product, the wrongful giving, taking or withholding. including planning, testing, processing, pack- b. Loss or damage caused by or resulting from aging, installation, maintenance or repair. This bookkeeping, accounting or billing errors or exclusion applies to any effect that compromises omissions. the form, substance or quality of the product. But if such error or omission results in a Covered c. Any loss or damage that requires any audit of Cause of Loss, we will pay for the loss or damage records or any inventory computation to prove caused by that Covered Cause of Loss. its factual existence. 5. Business Income And Extra Expense C. Limits Of Insurance Exclusions 1. The most we will pay for loss or damage in any a. We will not pay for: one occurrence is the applicable Limits of In- (1) Any Extra Expense, or increase of Busi- surance of SECTION I — PROPERTY shown in the Declarations. ness Income loss, caused by or resulting from: 2. The amounts of insurance applicable to the (a) Delay in rebuilding, repairing or Coverage Extensions and the following Additional replacing the property or resuming Coverages apply in accordance with the terms of "operations", due to interference at such coverages and are in addition to the Limits of Insurance of SECTION 1—PROPERTY: the location of the rebuilding, repair or replacement by strikers or other a. Fire Department Service Charge; persons; or b. Pollutant Clean-up And Removal; (b) Suspension, lapse or cancellation of c. Increased Cost Of Construction; any license, lease or contract. But if the suspension, lapse or cancellation d. Business Income From Dependent Proper- is directly caused by the suspension ties; and of "operations", we will cover such e. Claim Data Expense. loss that affects your Business In- come during the "period of restora- 3. Building Limit—Automatic Increase tion"and any extension of the"period a. In accordance with Paragraph C.4.b., the of restoration" in accordance with the Limit of Insurance for Buildings will auto- terms of the Extended Business matically increase by four percent (4%), Income Additional Coverage. unless a different percentage of annual (2) Any other consequential loss. increase is shown in the Declarations. b. With respect to this exclusion, suspension b. The amount of increase is calculated as means: follows: (1) The partial slowdown or complete ces- (1) Multiply the Building limit that applied on sation of your business activities; and the most recent of the policy inception 2 That a art or all of the described rem- date, the policy anniversary date, or any ( ) P p other policy change amending the Build- ises is rendered untenantable, if coverage ing limit by: for Business Income applies. (a) The percentage of annual increase 6. Accounts Receivable Exclusion shown in the Declarations, expressed The following additional exclusion applies to the as a decimal (example: 7% is .07); or Accounts Receivable Coverage Extension: (b) .04, if no percentage of annual in- We will not pay for: crease is shown in the Declarations; and PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 22 of 48 i I (2) Multiply the number calculated in accor- b. Employee Dishonesty; dance with b.(1) by the number of days c. Outdoor Signs; and since the beginning of the current policy year, or the effective date of the most d. Forgery or Alteration. recent policy change amending the But this Optional Coverage Deductible will not Building limit, divided by 365. increase the Deductible shown in the Declara- Example: tions. This Deductible will be used to satisfy the If: requirements of the Deductible in the Declarations. The applicable Building limit is $100,000. The 3. No deductible applies to the following Additional annual percentage increase is 4%. The number of Coverages: days since the beginning of the policy year(or last policy change)is 146. a. Fire Department Service Charge; The amount of increase is b. Business Income; $100,000 x.04 x 146+365=$1600. c. Extra Expense; 4. Business Personal Property Limit — Seasonal d. Civil Authority; and Increase e. Fire Extinguisher Systems Recharge a. Subject to Paragraph 5.b., the Limit of Expense. Insurance for Business Personal Property is E. Property Loss Conditions automatically increased by: (1) The Business Personal Property — Sea 1. Abandonment sonal Increase percentage shown in the There can be no abandonment of any property to Declarations; or us. (2) Twenty-five percent (25%) if no Business 2. Appraisal Personal Property — Seasonal Increase If we and you disagree on the amount of loss, percentage is shown in the Declarations; either may make written demand for an appraisal to provide for seasonal variances. of the loss. In this event, each party will select b. The increase described in Paragraph S.a will competent and impartial appraiser. The two— apply only if the Limit of Insurance shown for appraisers will select an umpire. If they cannot Business Personal Property n the agree, either may request that selection be made Declarations is at least one hundred percent by a judge of a court having jurisdiction. The (100%) of your average monthly values appraisers will state separately the amount of during the lesser of: loss. If they fail to agree, they will submit their differences to the umpire.A decision agreed to by (1) The twelve (12) months immediately any two will be binding. Each party will: preceding the date the loss or damage a. Pay its chosen appraiser; and occurs; or (2) The period of time you have been in b. Bear the other expenses of the appraisal and business as of the date the loss or dam- umpire equally. age occurs. If there is an appraisal, we will still retain our right D. Deductibles to deny the claim. 1. We will not pay for loss or damage in any one 3. Duties In The Event Of Loss Or Damage occurrence until the amount of loss or damage a. You must see that the following are done in exceeds the Deductible shown in the Declara- the event of loss or damage to Covered tions. We will then pay the amount of loss or Property: damage in excess of the Deductible up to the applicable Limit of Insurance of SECTION I — (1) Notify the police if a law may have been PROPERTY. broken. 2. Regardless of the amount of the Deductible, the (2) Give us prompt notice of the loss or most we will deduct from any loss or damage damage. Include a description of the under all of the following Optional Coverages in property involved. any one occurrence is the Optional Coverage (3) As soon as possible, give us a descriptio• Deductible shown in the Declarations: of how, when and where the loss c a. Money and Securities; damage occurred. PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 23 of 48 (4) Take all reasonable steps to protect the a. At our option,we will either: Covered Property from further damage, (1) Pay the value of lost or damaged and keep a record of your expenses necessary to protect the Covered Prop- property; erty, for consideration in the settlement of (2) Pay the cost of repairing or replacing the the claim. This will not Increase the Limits lost or damaged property; of Insurance of SECTION I — PROP- (3) Take all or any part of the property at an ERTY. However, we will not pay for any agreed or appraised value; or subsequent loss or damage resulting from a cause of loss that is not a Covered (4) Repair, rebuild or replace the property Cause of Loss. Also, if feasible, set the with other property of like kind and qual- damaged property aside and in the best ity, subject to Paragraph d.(1)(e) below, possible order for examination. b. We will give notice of our intentions within (5) At our request, give us complete inven- thirty (30) days after we receive the sworn tories of the damaged and undamaged proof of loss. property. Include quantities, costs, values c. We will not pay you more than your financial and amount of loss claimed. interest in the Covered Property. (6) As often as may be reasonably required, d. Except as provided in Paragraphs (2)through permit us to inspect the property proving (7) below, we will determine the value of the loss or damage and examine your Covered Property as follows: books and records. Also permit us to take samples of dam- (1) At replacement cost without deduction for aged and undamaged property for in- depreciation, subject to the following: spection, testing and analysis, and permit (a) If, at the time of loss, the Limit of us to make copies from your books and Insurance on the lost or damaged records. property is eighty percent (80%) or (7) Send us a signed, sworn proof of loss more of the full replacement cost of containing the information we request to the property immediately before the investigate the claim. You must do this loss, we will pay the cost application repair e within sixty (60) days after our request. replace, afterithotd deduction the We will supply you with the necessary deductible and without deduction for forms. depreciation, but not more than the least of the following amounts: (8) Cooperate with us in the investigation or (1) The Limit of Insurance under settlement of the claim. SECTION I — PROPERTY that (9) Resume all or part of your"operations"as applies to the lost or damaged quickly as possible. property; b. We may examine any insured under oath, (II) The cost to replace, on the same while not in the presence of any other insured premises, the lost or damaged and at such times as may be reasonably property with other property: required, about any matter relating to this I. Of comparable material and insurance or the claim, including an insured's quality;and books and records. In the event of an examination, an insured's answers must be ii. Used for the same purpose; signed. or 4. Legal Action Against Us (III) The amount that you actually No one may bring a legal action against us under spend that is necessary to repair this insurance unless: or replace the lost or damaged property. a. There has been full compliance with all of the terms of this insurance; and If a building is rebuilt at a new prem- ises, the cost is limited to the cost b. The action is brought within two (2) years which would have been incurred had after the date on which the direct physical the building been built at the original loss or damage occurred. premises. 5. Loss Payment In the event of loss or damage covered by this policy: PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 24 of 48 (b) If, at the time of loss, the Limit of (2) If the Actual Cash Value — Buildings Insurance applicable to the lost or option applies, as shown in the Declara- damaged property is less than eighty tions, Paragraph (1) above does not ap percent (80%) of the full replacement ply to Buildings. Instead, we will deter- cost of the property immediately mine the value of Buildings at actual cash before the loss, we will pay the value. greater of the following amounts, but (3) The following property at actual cash not more than the Limit of Insurance value: that applies to the property: (i) The actual cash value of the lost (a) Used or secondhand merchandise held in storage or for sale; or damaged property; or (ii) A proportion of the cost to repair (b) Property of others. However, if an or replace the lost or damaged item(s) of personal property of others property, after application of the is subject to a written contract which deductible and without deduction governs your liability for loss or dam- his proportion age to that item(s), then valuation of for depreciation. T rt will equal the ratio This the app ionca- that item(s) will be based on the of Insurance to eighty amount for which you are liable under ble Limit{of In of the cost of such contract, but not to exceed the percent repair replacement. lesser of the replacement cost of the property or the applicable Limit of (c) You may make a claim for loss or Insurance; damage covered by this insurance on (c) Household contents, except personal an actual cash value basis instead of property in apartments or rooms fur- on a replacement cost basis. In the nished by you as landlord; event you elect to have loss or damage settled on an actual cash (d) Manuscripts; and value basis, you may still make a (a) Works of art, antiques or rare articles, claim on a replacement cost basis if including etchings, pictures, statuary, you notify us of your intent to do so marble, bronzes, porcelain and brie within one hundred eighty (180) days a-brae. after the loss or damage. (d) We will not pay on a replacement (4) Glass at the cost of replacement with cost basis for any loss or damage: safety glazing material if required by law. (i) Until the lost or damaged prop- (5) Tenants' Improvements and Betterments erty is actually repaired or re- at: placed; and (a) Replacement cost if you make repairs (ii) Unless the repairs or replace- promptly. ment are made as soon as rea- (b) A proportion of your original cost if sonably possible after the loss or you do not make repairs promptly. damage. We will determine the proportionate However, if the cost to repair or re- value as follows: place the damaged building property (i) Multiply the original cost by the is $2,500 or less, we will settle the number of days from the loss or loss according to the provisions of damage to the expiration of the Paragraphs d.(1)(a) and d.(1)(b) (ease; and above whether or not the actual re- pair or replacement is complete. (I I) Divide the amount determined in (i) above by the number of days (e) The cost to repair, rebuild or replace from the installation of improve- does not include the increased cost ments to the expiration of the attributable to enforcement of any lease. ordinance or law regulating the con- struction, use or repair of any ti your lease contains a renewal op- property. tion, the expiration of the renewal op- tion period will replace the expiration of the lease in this procedure. PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 25 of 48 (c) Nothing if others pay for repairs or g. We will pay for covered loss or damage within replacement. thirty (30) days after we receive the sworn (6) Applicable only to the Optional proof of loss, provided you have complied Coverages: with all of the terms of this policy; and (a) "Money"at its face value; and (1) We have reached agreement with you on the amount of loss; or (b) "Securities" at their value at the close (2) An appraisal award has been made. of business on the day the loss is discovered. h. A party wall is a wall that separates and is {7) Applicable only to Accounts Receivable: common to adjoining buildings that are owned by different parties. In settling covered losses (a) If you cannot accurately establish the involving a party wall, we will pay a proportion of amount of accounts receivable out- the loss to the party wall based on your interest in standing as of the time of loss or the wall in proportion to the interest of the owner damage: of the adjoining building. However, if you elect to (i) We will determine the total of the repair or replace your building and the owner of average monthly amounts of ace the adjoining building elects not to repair or counts receivable for the twelve replace that building,we will pay you the full value (12) months immediately precede of the loss to the party wall, subject to all ing the month in which the loss or applicable policy provisions including Limits of damage occurs;and Insurance and all other provisions of this Loss Payment Condition. Our payment under the (if) We will adjust that total for any provisions of this paragraph does not alter any normal fluctuations in the amount right of subrogation we may have against any of accounts receivable for the entity, including the owner or insurer of the ad- month in which the loss or dam- joining building, and does not alter the terms of age occurred or for any demon- the Transfer Of Rights Of Recovery Against strated variance from the average Others To Us Condition in this policy. for that month. 6. Recovered Property (b) The following will be deducted from the total amount of accounts receiv- If either you recover any property after loss able, however that amount is settlement, that party party must give the other prompt established: notice. At your option, you may retain the property. But then you must return to us the (i) The amount of the accounts for amount we paid to you for the property. We will which there is no loss or damage; pay recovery expenses and the expenses to repair the recovered property, subject to the (ii) The amount of the accounts that Limits of Insurance of SECTION I—PROPERTY. you are able to reestablish or collect; 7. Resumption Of Operations (iii)An amount to allow for probable We will reduce the amount of your: bad debts that you are normally a. Business Income loss, other than Extra unable to collect; and Expense, to the extent you can resume your (iv) All unearned interest and service "operations", in whole or in part, by using charges, damaged or undamaged property (including e. Our payment for loss of or damage to merchandise or stock) at the described per- premises Y g P premises or elsewhere. sonal property of others will only be for the account of the owners of the property. We b. Extra Expense loss to the extent you can may adjust losses with the owners of lost or return "operations" to normal and discontinue damaged property if other than you. If we pay such Extra Expense. the owners, such payments will satisfy your 8. Vacancy claims against us for the owners' property. We will not pay the owners more than their a. Description Of Terms financial interest in the Covered Property. (1) As used in this Vacancy Condition, the f. We may elect to defend you against suits term building and the term vacant have arising from claims of owners of property. We the meanings set forth in Paragraphs (a) will do this at our expense. and (b) below: PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 26 of 48 i (a) When this policy is issued to a tenant, The breach of any condition of this Coverage and with respect to that tenant's Form at any one or more locations will not affect interest in Covered Property, building coverage at any location where, at the time c means the unit or suite rented or loss or damage, the breach of condition does no, leased to the tenant. Such building is exist. vacant when it does not contain 2. Mortgageholders enough business personal property to conduct customary operations. a. The term "mortgageholder" includes trustee. (b) When this policy is issued to the b. We will pay for covered loss of or damage to owner or general lessee of a building, buildings or structures to each mort- building means the entire building. gageholder shown in the Declarations in their Such building is vacant unless at order of precedence, as interests may least thirty-one percent (31%) of its appear. total square footage is: c. The mortgageholder has the right to receive (i) Rented to a lessee or sublessee loss payment even if the mortgageholder has and used by the lessee or sub- started foreclosure or similar action on the lessee to conduct its customary building or structure. operations; and/or d. If we deny your claim because of your acts or (ii) Used by the building owner to because you have failed to comply with the conduct customary operations. terms of this policy, the mortgageholder will (2) Buildings under construction or renova- still have the right to receive loss payment if tion are not considered vacant. the mortgageholder: b. Vacancy Provisions (1) Pays any premium due under this policy at our request if you have failed to do so; If the building where loss or damage occurs (2) Submits a signed, sworn proof of loss has been vacant for more than sixty (60) within sixty (60) days after receiving consecutive days before that loss or damage notice from us of your failure to do so; occurs: and (1) We will not pay for any loss or damage (3) Has notified us of any change in owner- caused by any of the following even if ship, occupancy or substantial change in they are Covered Causes of Loss: risk known to the mortgageholder. (a) Vandalism; All of the terms of this policy will then apply (b) Sprinkler leakage, unless you have directly to the mortgageholder. protected the system against e. If we pay the mortgageholder for any loss or freezing; damage and deny payment to you because of (c) Building glass breakage; your acts or because you have failed to (d) Water damage; comply with the terms of this policy: {e) Theft;or (1) The mortgageholder's rights under the mortgage will be transferred to us to the (f) Attempted theft. extent of the amount we pay; and (2) With respect to Covered Causes of Loss (2) The mortgageholder's right to recover the other than those listed in Paragraphs full amount of the mortgageholder's claim (1)(a) through (1)(f) above, we will reduce will not be impaired. the amount we would otherwise pay for At our option, we may pay to the mortgage- the loss or damage by fifteen percent holder the whole principal on the mortgage (15%). plus any accrued interest. In this event, your F. Property General Conditions mortgage and note will be transferred to us 1. Control Of Property and you will pay your remaining mortgage debt to us. Any act or neglect of any person other than you f. If we cancel this policy, we will give written beyond your direction or control will not affect this notice to the mortgageholder at least: insurance. (1) Ten (10)days before the effective date c cancellation if we cancel for your non- payment of premium;or PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 27 of 48 (2) Thirty (30) days before the effective date (3) Of property contained in any "money"- of cancellation if we cancel for any other operated device unless the amount of reason. "money" deposited in it is recorded by a g. If we elect not to renew this policy, we will continuous recording instrument in the device. give written notice to the mortgageholder at least ten (10) days before the expiration date c. The most we will pay for loss in any one of this policy. occurrence is: 3. No Benefit To Bailee (1) The limit shown in the Declarations for No person or organization, other than you, having Inside the Premises for "money" and "securities"while: custody of Covered Property will benefit from this insurance. (a) In or on the described premises; or 4. Policy Period, Coverage Territory (b) Within a bank or savings institution; Under SECTION I—PROPERTY: and a. We cover loss or damage commencing: (2) The limit shown in the Declarations for Outside the Premises for "money" and (1) During the policy period shown in the "securities"while anywhere else. Declarations; and d. All loss: (2) Within the coverage territory or, with (1) Caused by one or more persons; or respect to property in transit, while it is between points in the coverage territory. (2) Involving a single act or series of related b. The coverage territory is: acts; (1) The United States of America (including is considered one occurrence. its territories and possessions); e. You must keep records of all "money" and "securities" so we can verify the amount of (2) Puerto Rico;and any loss or damage. (3) Canada. 2. Employee Dishonesty — G. Optional Coverages a. We will pay for direct loss of or damage to If shown as applicable in the Declarations, the fol- Business Personal Property and "money"and lowing Optional Coverages also apply. These cov- "securities" resulting from dishonest acts erages are subject to the terms and conditions ap- committed by any of your employees acting plicable to property coverage in this policy, except as alone or in collusion with other persons provided below. (except you or your partner)with the manifest intent to: 1. Money And Securities a. We will pay for loss of "money" and "securi- (1 j Cause you to sustain loss or damage; and also ties"used in your business while at a bank or savings institution, within your living quarters (2) Obtain financial benefit (other than sala- or the living quarters of your partners or any ries, commissions, fees, bonuses, pro- employee having use and custody of the motions, awards, profit sharing, pensions property, at the described premises, or in or other employee benefits earned in the transit between any of these places, resulting normal course of employment)for: directly from: (a) Any employee; or (1) Theft, meaning any act of stealing; (b) Any other person or organization. (2) Disappearance; or b. We will not pay for loss or damage: (3) Destruction. (1) Resulting from any dishonest or criminal b. In addition to the Limitations and Exclusions act that you or any of your partners or applicable to SECTION I — PROPERTY, we "members" commit whether acting alone will not pay for loss: or in collusion with other persons. (1) Resulting from accounting or arithmetical (2) Resulting from any dishonest act com- errors or omissions; mitted by any of your employees (except (2) Due to the giving or surrendering of as provided in Paragraph a.), "managers" or directors: property in any exchange or purchase; or PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 28 of 48 (a) Whether acting alone or in collusion (1) This Optional Coverage became effective with other persons; or at the time of cancellation or termination (b) While performing services for you or of the prior insurance;and otherwise. (2) The loss or damage would have been (3) The only proof of which as to its existence covered by this Optional Coverage had it or amount is: been in effect when the acts or events causing the loss or damage were com- (a) An inventory computation; or mitted or occurred. (b) A profit and loss computation. I. The insurance under Paragraph h. above is part of, not in addition to, the Limit of Insur- c. The most we will pay for lass or damage in any one occurrence is the Limit of Insurance is limited to the lesser of the amount applying to this Optional Coverage and for Employee Dishonesty shown in the s l recoverable under: Declarations. d. All loss or damage: (1) This Optional Coverage as of its effective 9 date; or (1) Caused by one or more persons; or (2) The prior insurance had it remained in (2) Involving a single actor series of acts; effect. is considered one occurrence. j. With respect to the Employee Dishonesty e. If an loss is covered: Optional Coverage in Paragraph G.3., em- y ployee means: (1) Partly by this insurance; and (1) Any natural person: (2) Partly by any prior cancelled or termi- (a) While in your service or for thirty (30) nated insurance that we or any affiliate days after termination of service; had issued to you or any predecessor in interest; (b) Who you compensate directly by the most we will pay is the larger of the salary,wages or commissions; and amount recoverable under this insurance or (c) Who you have the right to direct ane the prior insurance, control while performing services fc: We will pay only for loss or damage you you; sustain through acts committed or events (2) Any natural person who is furnished occurring during the policy period. Regardless temporarily to you: of the number of years this policy remains in (a) To substitute for a permanent em- force or the number of premiums paid, no ployee as defined in Paragraph (1) Limit of Insurance cumulates from year to above, who is on leave; or year or period to period. f. This Optional Coverage is cancelled as to any (b) w meet seasonal or short-term employee immediately upon discovery by: workload conditions; (1} You;or (3) Any natural person who is leased to you under a written agreement between you (2) Any of your partners, "members", "man- and a labor leasing firm,to perform duties agers", officers or directors not in collu- related to the conduct of your business, sion with the employee; but does not mean a temporary employee of any dishonest act committed by that em- as defined in Paragraph (2) above; ployee before or after being hired by you. (4) Any natural person who is a former employee, director, partner, member, g. We will pay only for covered loss or damage sustained during the policy period and dis- manager, representative trustee re- covered no later than one year from the end tamed as a consultant while performing of the policy period. services for you; or tu- h. If you (or any predecessor in interest) sus- (5j Any natural person who is a guest tained loss or damage during the policy pe- dent or intern pursuing studies or duties,eses, riod of any prior insurance that you could excluding, however, any such person while having care and custody of property have recovered under that insurance except that the time within which to discover loss or outside any building you occupy i damage had expired, we will pay for it under conducting your business. this Optional Coverage, provided: PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 29 of 48 But employee does not mean: 9. "Period of restoration": (1) Any agent, broker, factor, commission a. Means the period of time that: merchant, consignee, independent con- (1) Begins: tractor or representative of the same general character; or (a) Immediately after the time of direct (2) Any "manager", director or trustee except physical loss or damage for Business while performing acts coming within the ncome Coverage unless a waiting period of time is shown in the usual duties of an employee. Declarations; or H. Property Definitions (b) Immediately after the time of direct 1. "Computer" means: physical loss or damage for Extra a. Programmable electronic equipment that is Expense Coverage; used to store, retrieve and process data; and caused by or resulting from any Covered b. Associated peripheral equipment that pro- Cause of Loss at the described premises; and vides communication, including input and output functions such as printing and auxiliary (2) Ends on the earlier of: functions such as data transmission. (a) The date when the property at the "Computer" does not include those used to op- described premises should be re- crate production type machinery or equipment. paired, rebuilt or replaced with rea- 2. "Counterfeit money" means an imitation of sonable speed and similar quality; or "money" that is intended to deceive and to be (b) The date when business is resumed taken as genuine. at a new permanent location. 3. "Electronic data" means information, facts or b. Does not include any increased period computer programs stored as or on, created or required due to the enforcement of any or- used on, or transmitted to or from computer dinance or law that: software (including systems and applications (1) Regulates the construction, use or repair, software), on hard or floppy disks, CD-ROMs, or requires the tearing down of any tapes, drives, cells, data processing devices or property; or any other repositories of computer software which are used with electronically controlled equipment. (2) Requires any insured or others to test for, The term computer programs, referred to in the monitor, clean up, remove, contain, treat, foregoing description of electronic data, means a detoxify or neutralize, or in any way set of related electronic instructions which direct respond to or assess the effects of the operations and functions of a "computer" or "pollutants". device connected to it, which enable the The expiration date of this policy will not cut "computer" or device to receive, process, store, retrieve or send data. short the "period of restoration'. 4. "Fungi" means any type or form of fungus, 10. "Pollutants" means any solid, liquid, gaseous or including mold or mildew, and any mycotoxins, thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and spores, scents or by-products produced or re- leased by fungi, waste. Waste includes materials to be recycled, reconditioned or reclaimed. 5. "Manager"means a person serving in a directorial 11. "Securities" means negotiable and non-negotiable capacity for a limited liability company. instruments or contracts representing either 6. "Member" means an owner of a limited liability "money" or other property and includes: company represented by its membership interest, a. Tokens, tickets, revenue and other stamps who also may serve as a "manager". (whether represented by actual stamps or 7. "Money"means: unused value in a meter)in current use; and a. Currency, coins and bank notes in current use b. Evidences of debt issued in connection with and having a face value;and credit or charge cards, which cards are not b. Travelers checks, register checks and money issued by you; orders held for sale to the public. but does not include"money". 8. "Operations" means your business activities 12. "Specified causes of loss" means the following: occurring at the described premises. PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 30 of 48 Fire; lightning; explosion; windstorm or hail; will have no duty to defend the insured smoke; aircraft or vehicles; riot or civil commotion; against any "suit" seeking damages for vandalism; leakage from fire extinguishing "bodily injury", "property damage" q equipment; sinkhole collapse; volcanic action; "personal and advertising injury"to which this falling objects; weight of snow, ice or sleet; water insurance does not apply. We may, at our damage. discretion, investigate any "occurrence" or a any offense and settle any claim or "suit" that . Sinkhole collapse means the sudden sinking or collapse of land into underground empty may result. But: spaces created by the action of water on (1) The amount we will pay for damages is limestone or dolomite. This cause of loss limited as described in Paragraph D. — does not include: Liability And Medical Expenses Limits Of Insurance in SECTION II — (1) The cost of filling sinkholes; or LIABILITY; and (2) Sinking or collapse of land into man- (2) Our right and duty to defend end when made underground cavities. we have used up the applicable Limit of b. Falling objects does not include loss of or Insurance in the payment of judgments or damage to: settlements or medical expenses. (1) Personal property in the open; or No other obligation or liability to pay sums or perform acts or services is covered unless (2) The interior of a building or structure, or explicitly provided for under Paragraph f. property inside a building or structure, Coverage Extension — Supplementary unless the roof or an outside wall of the Payments. building or structure is first damaged by a falling object. b. This insurance applies: c. Water damage means accidental discharge or (1) To "bodily injury" and "property damage" leakage of water or steam as the direct result only if: of the breaking apart or cracking of any part (a) The "bodily injury" or "property dam- of a system or appliance (other than a sump age" is caused by an "occurrence" system including its related equipment and that takes place in the "coverag' parts)containing water or steam. territory"; 13. "Stock" means merchandise held in storage or for b The "bodilyinjury" "property dam- sale, raw materials and in-process or finished ( ) ry or goods, including supplies used in their packing or age" occurs during the policy period; and shipping. (c) Prior to the policy period, 1 insured 14. "Valuable papers and records" means inscribed, 1. printed listed under Paragraph C. Who Is P An Insured and no "employee" au- a. Documents; Ihorized by you to give or receive no- tice of an "occurrence" or claim, knew b. Manuscripts; and that the "bodily injury" or "property c. Records; damage" had occurred, in whole or in part. If such a listed insured or including abstracts, books, deeds, drawings, authorized "employee" knew, prior to films, maps or mortgages. the policy period, that the "bodily in- But"valuable papers and records" does not mean jury" or "property damage" occurred, "money" or"securities". then any continuation, change or re- sumption of such "bodily injury" or SECTION II—LIABILITY "property damage" during or after the A. Coverages policy period will be deemed to have been known before the policy period. 1. Business Liability (2) To "personal and advertising injury" a. We will pay those sums that the insured caused by an offense arising out of your becomes legally obligated to pay as damages business, but only if the offense was because of "bodily injury", "property damage" committed in the "coverage territory" or "personal and advertising injury" to which during the policy period. this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 31 of 48 c. "Bodily injury" or "property damage" which (e) All court costs taxed against the in- occurs during the policy period and was not, sured in the "suit". However, these prior to the policy period, known to have oc- payments do not include attorneys' curred by any insured listed under Paragraph fees or attorneys' expenses taxed C.I. Who Is An Insured or any "employee" against the insured. authorized by you to give or receive notice of (f) Prejudgment interest awarded an "occurrence" or claim, includes any against the insured on that part of the continuation, change or resumption of "bodily judgment we pay. If we make an offer injury" or "property damage" after the end of to pay the Limit of Insurance, we will the policy period. not pay any prejudgment interest d. "Bodily injury" or "property damage" will be based on that period of time after the deemed to have been known to have oc- offer. curred at the earliest time when any insured (g) All interest on the full amount of any listed under Paragraph C.I. Who Is An In- judgment that accrues after entry of sured or any"employee"authorized by you to the judgment and before we have give or receive notice of an "occurrence" or paid, offered to pay, or deposited in claim: court the part of the judgment that is (1) Reports all, or any part, of the "bodily within our Limit of Insurance. injury" or "property damage" to us or any These payments will not reduce the limit other insurer; of liability. (2) Receives a written or verbal demand or (2) If we defend an insured against a "suit" claim for damages because of the "bodily and an indemnitee of the insured is also injury' or"property damage'; or named as a party to the "suit", we will (3) Becomes aware by any other means that defend that indemnitee if all of the fol- "bodily injury" or "property damage" has lowing conditions are met: occurred or has begun to occur. (a) The "suit" against the indemnitee e. Damages because of "bodily injury" include seeks damages for which the insured damages claimed by any person or organi- has assumed the liability of the zation for care, loss of services or death re- indemnitee in a contract or agree- sulting at anytime from the"bodily injury". ment that is an "insured contract' f. Coverage Extension — Supplementary (b) This insurance applies to such liability Payments assumed by the insured; (1) We will pay, with respect to any claim we (c) The obligation to defend, or the cost investigate or settle, or any "suit" against of the defense of, that indemnitee, an insured we defend: has also been assumed by the in- (a) All expenses we incur. sured in the same "insured contract"; (b) Up to $250 for cost of bail bonds (d) The allegations in the "suit" and the required because of accidents or information we know about the "oc- traffic law violations arising out of the currence" are such that no conflict use of any vehicle to which Business appears to exist between the inter- Liability Coverage for "bodily injury" ests of the insured and the interests applies. We do not have to furnish of the indemnitee; these bonds. (e) The indemnitee and the insured ask (c) The cost of bonds to release attach- us to conduct and control the defense ments, but only for bond amounts of that indemnitee against such "suit" within our Limit of Insurance. We do and agree that we can assign the not have to furnish these bonds. same counsel to defend the insured (d) All reasonable expenses incurred by and the indemnitee; and the insured at our request to assist us (f) The indemnitee: in the investigation or defense of the (I) Agrees in writing to: claim or"suit", including actual loss of earnings up to$250 a day because of I. Cooperate with us in the in- time off from work. vestigation, settlement or de- fense of the "suit"; PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 32 of 48 ii. Immediately send us copies (a) The accident takes place in the of any demands, notices, "coverage territory" and during the summonses or legal papers policy period; received in connection with (b) The expenses are incurred and re- the"suit"; ported to us within one year of the iii. Notify any other insurer date of the accident; and whose coverage is available (c) The injured person submits to ex to the indemnitee; and amination, at our expense, by physi- iv. Cooperate with us with re- cians of our choice as often as we spect to coordinating other reasonably require. applicable insurance avail- b. We will make these payments regardless of able to the indemnitee; and fault. These payments will not exceed the (ii) Provides us with written authori- Limits of Insurance of SECTION 11 — zation to: LIABILITY. We will pay reasonable expenses 1. Obtain records and other for' information related to the (1) First aid administered at the time of an "suit"; and accident; ii. Conduct and control the de- (2) Necessary medical, surgical, x-ray and fense of the indemnitee in dental services, including prosthetic de- such "suit". vices; and (3) So long as the conditions in Paragraph (3) Necessary ambulance, hospital, profes- (2) are met, attorneys'fees incurred by us sional nursing and funeral services. in the defense of that indemnitee, B. Exclusions necessary litigation expenses incurred by us and necessary litigation expenses 1. Applicable To Business Liability Coverage incurred by the indemnitee at our request will be paid as Supplementary Payments. This insurance does not apply to: Notwithstanding the provisions of a. Expected Or Intended Injury Paragraph B.1.b.(2) Exclusions in SECTION 11—LIABILITY, such payments 'Bodily injury" orth"property damage" expected will not be deemed to be damages for or intended from the standpoint of the "bodily injury" and "property damage"and nsured. This exclusion does not apply to will not reduce the Limits of Insurance. "bodily injury" resulting from the use of reasonable force to protect persons or Our obligation to defend an insured's in- property. demnitee and to pay for attorneys' fees and necessary litigation expenses as b. Contractual Liability Supplementary Payments ends when: "Bodily injury" or "property damage"for which (a) We have used up the applicable Limit the insured is obligated to pay damages by of Insurance in the payment of judg- reason of the assumption of liability in a ments or settlements; or contract or agreement. This exclusion does not apply to liability for damages: (b) The conditions set forth above, or the terms of the agreement described in (1) That the insured would have in the ab- Paragraph (2)(1) above are no longer sence of the contract or agreement; or met. (2) Assumed in a contract or agreement that 2. Medical Expenses is an "insured contract", provided the "bodily injury" or "property damage" a. We will pay medical expenses as described occurs subsequent to the execution of the below for "bodily injury" caused by an contract or agreement. Solely for the accident: purposes of liability assumed in an "in- (1) On premises you own or rent; sured contract", reasonable attorney fees and necessary litigation expenses (2) On ways next to premises you own or incurred by or for a party other than an rent; or insured are deemed to be damages be- (3) Because of your operations; cause of "bodily injury" or "properl damage", provided: provided that: PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 33 of 48 (a) Liability to such party for, or for the f. Pollution cost of, that party's defense has also 1 "Bodilyinjury" or "property dama e' been assumed in the same "insured ( } g contract; and arising out of the actual, alleged or threatened discharge, dispersal, seep- (b) Such attorney fees and litigation age, migration, release or escape of expenses are for defense of that "pollutants": party against a civil or alternative dispute resolution proceeding in (a) to or from any premises, site e which damages to which this insur- location which is or was any time owned o, occupied by, orr rented or ance applies are alleged. loaned to, any insured. However, this c. Liquor Liability subparagraph does not apply to: "Bodily injury" or"property damage" for which (i) "Bodily injury" if sustained within any insured may be held liable by reason of: a building and caused by smoke, (1) Causing or contributing to the intoxication fumes, vapor or soot produced by of any person; or originating from equipment that s used to heat, cool or dehumid- (2) The furnishing of alcoholic beverages to a ify the building, or equipment that person under the legal drinking age or is used to heat water for personal under the influence of alcohol; or use, by the building's occupants or their guests; (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use (ii) "Bodily injury" or "property dam- of alcoholic beverages. age" for which you may be held lies only if you are in the liable, if you are a contractor and This exclusion applies y Y the owner or lessee of such business of manufacturing, distributing, sell- premises, site or location has ing, serving or furnishing alcoholic beverages. been added to your policy as an d. Workers'Compensation And Similar Laws additional insured with respect to obligation of the insured under a workers' your ongoing operations per- Any 9 formed for that additional insured compensation, disability benefits or un- at that premises, site or location employment compensation law or any similar and such premises, site or loca- law. tion is not and never was owned e. Employers Liability or occupied by, or rented or loaned to, any insured, other than "Bodily injury"to: that additional insured; or (1) An "employee" of the insured arising out (Ili) "Bodily injury" or "property dam- of and in the course of: age"arising out of heat, smoke or (a) Employment by the insured; or fumes from a "hostile fire"; (b) Performing duties related to the (b) At or from any premises, site or conduct of the insured's business; or location which is or was at any time used by or for any insured or others (2) The spouse, child, parent, brother or for the handling, storage, disposal, sister of that "employee" as a conse- processing or treatment of waste; quence of Paragraph (1) above. (c) Which are or were at any time trans- This exclusion applies: ported, handled, stored, treated, dis- (1) Whether the insured may be liable as an posed of, or processed as waste by employer or in any other capacity;and or for: (2) To any obligation to share damages with (i) Any insured; or or repay someone else who must pay (ii) Any person or organization for damages because of the injury, whom you may be legally re- This exclusion does not apply to liability as- sponsible; or sumed by the insured under an "insured contract". PPB 10106 10 Contains copyrighted material of Insurance Services Office, Inc. Page 34 of 48 (d) At or from any premises, site or (2) Any loss, cost or expense arising out of location on which any insured or any any: contractors or subcontractors working (a) Request, demand, order or statutor, directly or indirectly on any insured's or behalf are performing operations if regulatory requirement that any in the "pollutants" are brought on or to insured or others test for, monitor, the premises, site or location in clean up, remove, contain, treat, re- re- connection with such operations by spotoxn or neutralize, s in any way of, such insured, contractor or sub- "pollutants"; to, or assess the effects of, contractor. However; this subpara- graph does not apply to: (b) Claim or "suit" by or on behalf of a (i) "Bodily injury" or "property dam- governmental authority for damages of because of testing for, monitoring, age" arising out of the escape fuels, lubricants or other of cleaning up, removing, containing, fufu fluids which are needed to treating, detoxifying or neutralizing, or ing perform the normal electrical, hy- in any way responding draulic or mechanical functions sessing the effects of, "pollutants". to, or as- necessary for the operation of However, this paragraph does not apply "mobile equipment" or its parts, if to liability for damages because of such fuels, lubricants or other "property damage"that the insured would operating fluids escape from a have in the absence of such request, vehicle part designed to hold, demand, order or statutory or regulatory store or receive them. This ex- requirement or such claim or "suit" by or ception does not apply if the on behalf of a governmental authority. "bodily injury" or "property dam- 9, Aircraft, Auto Or Watercraft age" arises out of the intentional discharge, dispersal or release of "Bodily injury" or "property damage" arising the fuels, lubricants or other op- out of the ownership, maintenance, use or erating fluids, or if such fuels, lu- entrustment to others of any aircraft, "auto" or bricants or other operating fluids watercraft owned or operated by or rented o, are brought on or to the prem- loaned to any insured. Use includes operatio. ises, site or location with the in- and "loading or unloading". tent that they be discharged, dis- persed or released as part of the This exclusion applies even if the claims al- operations being performed by lege negligence or other wrongdoing in the such insured, contractor or supervision, hiring, employment, training or subcontractor; monitoring of others by an insured, if the "occurrence" which caused the "bodily injury" (ii) "Bodily injury" or "property dam- or"property damage" involved the ownership, age" sustained within a building maintenance, use or entrustment to others of and caused by the release of any aircraft, "auto" or watercraft that is owned gases, fumes or vapors from ma- or operated by or rented or loaned to any terials brought into that building in insured. connection with operations being performed by you or on your be- This exclusion does not apply to: half by a contractor or subcon- (1) A watercraft while ashore on premises tractor; or you own or rent; (III) "Bodily injury" or "property dam- (2) A watercraft you do not own that is: age"arising out of heat, smoke or fumes from a "hostile fire". (a) Less than fifty-one (51)feet long; and (e) At or from any premises, site or (b) Not being used to carry persons or location on which any insured or any property for a charge; contractors or subcontractors working (3) Parking an "auto" on, or on the ways next directly or indirectly on any insured's to, premises you own or rent, provided behalf are performing operations if the "auto" is not owned by or rented or the operations are to test for, monitor, loaned to you or the insured; clean up, remove, contain, treat, detoxify or neutralize, or in any way (4) Liability assumed under any "insure respond to, or assess the effects of, contract" for the ownership, maintenance, "pollutants". or use of aircraft or watercraft; or PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 35 of 48 (5) "Bodily injury" or "property damage" (1) Legal, accounting or advertising services; arising out of: (2) Preparing, approving, or failing to prepare (a) The operation of machinery or or approve maps, drawings, opinions, equipment that is attached to, or part reports, surveys, change orders, designs of, a land vehicle that would qualify or specifications; under the definition of "mobile (3) Supervisory, inspection or engineering equipment" if it were not subject to a services; compulsory or financial responsibility law or other motor vehicle insurance (4) Medical, surgical, dental, x-ray or nursing or motor vehicle registration law services treatment, advice or instruction; where it is licensed or principally ga- (5) Any health or therapeutic service treat- raged; or ment, advice or instruction; (b) The operation of any of the following (6) Any service, treatment, advice or in- machinery or equipment: struction for the purpose of appearance (i) Cherry pickers and similar de- or skin enhancement, hair removal or vices mounted on automobile or replacement or personal grooming; truck chassis and used to raise or (7) Optometry or optical or hearing aid ser- lower workers; and vices including the prescribing, prepare- (it) Air compressors, pumps and tion, fitting, demonstration or distribution of ophthalmic lenses and similar products generators, including spraying, or hearing aid devices; welding, building cleaning, geo- physical exploration, lighting and (8) Body piercing services; and well servicing equipment. (g) Services in the practice of pharmacy. h. Mobile Equipment This exclusion applies even if the claims al- "Bodily injury" or "property damage" arising lege negligence or other wrongdoing in the out of: supervision, hiring, employment, training or monitoring of others by an insured, if the (1) The transportation of "mobile equipment""auto" owned operated "occurrence" which caused the "bodily injury" by a rented or loaned to any insured; or or "property damage", or the offense which caused the "personal and advertising injury", (2) The use of "mobile equipment" in, or involved the rendering or failure to render of while in practice for, or while being pre- any professional service. pared for, any prearranged racing, speed, k. Damage To Property demolition or stunting activity. I. War "Property damage"to: (1) Property you own, rent or occupy, in- "Bodily injury", "property damage" or "per- sonal and advertising injury", however eluding any costs expenses incurred caused, arising, directly or indirectly, out of: by you, or any otherr person, organization or entity, for repair, replacement, en- ; (1) War, including undeclared civil war; hancement, restoration or maintenance of 2 Warlike action b a military force, includ- such property for any reason, including O Y rY prevention of injury to a person or ing action in hindering or defending damage to another's property; against an actual or expected attack, by any government, sovereign or other au- (2) Premises you sell, give away or abandon, thority using military personnel or other if the "property damage" arises out of any agents; or part of those premises; (3) Insurrection, rebellion, revolution, usurp- (3) Property loaned to you; ed power, or action taken by government (4) Personal property in the care, custody or authority in hindering or defending control of the insured; against any of these. Professional Services (5) That particular part of real property on 1• which you or any contractor or subcon- "Bodily injury", "property damage" or "per- tractor working directly or indirectly on sonal and advertising injury" caused by the your behalf is performing operations, if rendering or failure to render any professional the "property damage" arises out of those service.This includes but is not limited to: operations; or PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 36 of 48 i (6) That particular part of any property that o. Recall Of Products, Work Or Impaired must be restored, repaired or replaced Property because "your work" was incorrectly Damages claimed for any loss, cost c performed on it. expense incurred by you or others for the Paragraphs (1), (3) and (4) of this exclusion loss of use, withdrawal, recall, inspection, do not apply to "property damage" (other than repair, replacement, adjustment, removal damage by fire) to premises, including the or disposal of: contents of such premises, rented to you for a (1) "Your product"; period of seven or fewer consecutive days. A separate Limit of Insurance applies to (2) "Your work"; or Damage To Premises Rented To You as (3) "Impaired property'; described in Paragraph D. Liability And Medical Expenses Limit Of Insurance in if such product, work or property is with- SECTION II—LIABILITY, drawn or recalled from the market or from Paragraph (2)of this exclusion does not apply use by any person or organization if the premises are "your work" and were because of a known or suspected defect, deficiency, inadequacy or dangerous never occupied, rented or held for rental by condition in it. you. Paragraphs (3), (4), (5) and (6) of this ex- p. Personal And Advertising Injury clusion do not apply to liability assumed "Personal and advertising injury": under a sidetrack agreement. (1) Caused by or at the direction of the Paragraph(6)of this exclusion does not apply insured with the knowledge that the to "property damage" included in the act would violate the rights of another "products-completed operations hazard". and would inflict "personal and I. Damage To Your Product advertising injury"; "Property damage" to "your product" (2) Arising out of oral or written arising out of it or any part of it. publication of material, if done by or at the direction of the insured witi- m. Damage To Your Work knowledge of its falsity; "Property damage" to "your work" arising (3) Arising out of oral or written out of it or any part of it and included in publication of material whose first the "products-completed operations publication took place before the hazard". beginning of the policy period; This exclusion does not apply if the dam- (4) For which the insured has assumed aged work or the work out of which the liability in a contract or agreement. damage arises was performed on your This exclusion does not apply to behalf by a subcontractor. liability for damages that the insured n. Damage To Impaired Property Or would have in the absence of the Property Not Physically Injured contract or agreement; "Property damage" to "impaired property" (5) Arising out of a breach of contract, or property that has not been physically except an implied contract to use injured, arising out of: other's advertising idea in your "advertisement"; (1) A defect, deficiency, inadequacy or (6) Arising out of the failure of goods, dangerous condition in "your product" products or services to conform with or"your work';or any statement of quality or perform- (2) A delay or failure by you or anyone ance made in your"advertisement"; acting on your behalf to perform a (7) Arising out of the wrong description of contract or agreement in accordance the price of goods, products or serv- with its terms. ices stated in your"advertisement"; This exclusion does not apply to the loss (8) Committed by an insured whose busi- of use of other property arising out of Hess is: sudden and accidental physical injury to "your product" or "your work" after it has (a) Advertising, broadcasting, put been put to its intended use. lishing or telecasting; PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 37 of 48 (b) Designing or determining content (13)Arising out of the unauthorized use of of websites for others; or another's name or product in your e- mail address, domain name or meta- (c) tags, or any other similar tactics to content or service provider. mislead another's potential However, this exclusion does not customers. apply to Paragraphs 14.a., b. and c. q, Electronic Data of "personal and advertising injury" under Paragraph F. Liability And Damages arising out of the loss of, loss of Medical Expenses Definitions. use of, damage to, corruption of, inability For the purposes of this exclusion, to access, or inability to manipulate elec- the placing of frames, borders or tronic data. links, or advertising, for you or others As used in this exclusion, electronic data anywhere on the Internet, by itself, is means information, facts or computer pro- not considered the business of grams stored as or on, created or used advertising, broadcasting, publishing on, or transmitted to or from computer or telecasting. software (including systems and applica- (9) Arising out of the actual, alleged or tions software), on hard or floppy disks, CD-ROMs, tapes, drives, cells, data threatened discharge, dispersal, s processing devices or any other seepage, migration, release or escape of"pollutants"at any time; repositories of computer software which are used with electronically controlled (10)With respect to any loss, cost or ex- equipment. The term computer programs, pense arising out of any: referred to in the foregoing description of (a) Request, demand or order that electronic data, means a set of related an insured or others test for, electronic instructions which direct the Y operations and functions of a computer or monitor, clean-up, remove, con- device connected to it, which enable the tain, treat, detoxify or neutralize computer or device to receive, process, or in any way respond to, or store, retrieve or send data. assess the effects of, "pollutants"; or r. Criminal Acts (b) Claim or "suit" by or on behalf of "Personal and advertising injury" arising a governmental authority for out of a criminal act committed by or at damages because of testing for, the direction of the insured. monitoring, cleaning up, remov- s. Recording And Distribution Of Material ing, containing, treating, detoxify- or Information In Violation Of Law ing or neutralizing or in any way responding to, or assessing the "Bodily injury", "property damage", or effects of, "pollutants". "personal and advertising injury" arising (II)Arising out of an electronic chatroom directly or indirectly out of any action or omission that violates or is alleged to or bulletin board the insured hosts, violate: owns or over which the insured exercises control; (1) The Telephone Consumer Protection (12)Arising out of the infringement of Act (TCPA), including any amend- copyright, patent, trademark, trade amend- ment of or addition to such law; secret or other intellectual property (2) The CAN-SPAM Act of 2003, in- rights. Under this exclusion, such cluding any amendment of or addition other intellectual property rights do to such law; not include the use of another's (3) The Fair Credit Reporting Act advertising idea in your "ad- (FCRA), and any amendment of or vertisement". addition to such law, including the However, this exclusion does not Fair and Accurate Credit Transaction apply to infringement, in your Act (FACTA); or "advertisement", of copyright, trade dress or slogan. PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 38 of 48 I (4) Any federal, state or local statute, (2) Resulting from the "hazardous properties" ordinance or regulation, other than of "nuclear material" and with respect to the TCPA, CAN-SPAM Act of 2003 or which: FCRA and their amendments and (a) Any person or organization is re- additions, that addresses, prohibits, quired to maintain financial protection or limits the printing, dissemination, pursuant to the Atomic Energy Act of disposal, collecting, recording, send- 1954, or any law amendatory thereof; ing, transmitting, communicating or or distribution of material or information. (b) The insured is, or had this policy not Exclusions c., d., e., f., g., h., i., k., 1., m., n. and o. in SECTION II — LIABILITY do not demnbeen issued would be, entitled to in- apply to damage by fire to premises while America, y from the United States of A rented to you, or temporarily occupied by you America, or any agency thereof, with permission of the owner. A separate der any agreement entered into by Damage To Premises Rented To You Limit of the United States of America, or any Insurance applies to this coverage as agency thereof, with any person or organization. described in Paragraph D. Liability And Medical Expenses Limits of Insurance in b. Under Medical Expenses Coverage, to SECTION II—LIABILITY. expenses incurred with respect to "bodily 2. Applicable To Medical Expenses Coverage injury" resulting from the "hazardous properties' of "nuclear material" and We will not pay expenses for"bodily injury": arising out of the operation of a "nuclear a. To any insured, except"volunteer workers". facility"by any person or organization. b. To a person hired to do work for or on behalf c. Under Business Liability Coverage, to of any insured or a tenant of any insured. "bodily injury" or "property damage" resulting from the "hazardous properties" c. To a person injured on that part of premises of the"nuclear material"; if: you own or rent that the person normally occupies. (1) The"nuclear material": d. To a person, whether or not an "employee" of (a) Is at any "nuclear facility" own& any insured, if benefits for the "bodily injury" by, or operated by or on behal, are payable or must be provided under a of, an insured; or workers' compensation or disability benefits (b) Has been discharged or law or a similar law. dispersed therefrom; e. To a person injured while practicing, in- structing or participating in any physical ex- (2) The "nuclear material" contained in ercises or games, sports or athletic contests. "spent fuel" or "waste" any time possessed, handled, used, proces- f. Included within the "products-completed sed, stored, transported or disposed operations hazard". of by or on behalf of an insured; or g. Excluded under Business Liability Coverage. (3) The "bodily injury" or "property 3. Applicable To Both Business Liability damage" arises out of the furnishing Coverage And Medical Expenses Coverage — by an insured of services, materials, Nuclear Energy Liability Exclusion parts or equipment in connection with the planning, construction, mainten- This insurance does not apply: ance, operation or use of any a. Under Business Liability Coverage, to "bodily "nuclear facility"; but if such facility is injury"or"property damage": located within the United States of America, its territories or possessions (1) With respect to which an insured under or Canada, this Exclusion (3) applies the policy is also an insured under a nu- only to "property damage" to such clear energy liability policy issued by the "nuclear facility" and any property Nuclear Energy Liability Insurance As- thereat. sociation, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance As- d. As used in this exclusion: sociation of Canada, or would be an in- (1) "By-product material" has the sured under any such policy but for its meaning given it in the Atomic Enerq termination upon exhaustion of its limit of Act of 1954 or in any law amendatory liability; or thereof; PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 39 of 48 (2) "Hazardous properties" include (8) "Special nuclear material" has the radioactive, toxic or explosive meaning given it in the Atomic Energy properties; Act of 1954 or in any law amendatory thereof; (3) "Nuclear facility"means: (a) Any"nuclear reactor", (9) "Spent fuel" means any fuel element or fuel component, solid or liquid, (b) Any equipment or device which has been used or exposed to designed or used for: radiation in a"nuclear reactor"; (i) Separating the isotopes of (10)"Waste" means any waste material: uranium or plutonium; (a) Containing "by-product material" (if) Processing or utilizing "spent other than the tailings or wastes fuel"; or produced by the extraction or concentration of uranium or (iii) Handling, processing or thorium from any ore processed packaging "waste"; primarily for its "source material" (c) Any equipment or device used for content; and the processing, fabricating or (b) Resulting from the operation by alloying of "special nuclear any person or organization of any material" if at any time the total "nuclear facility" included under amount of such material in the Paragraphs (a) and (b) of the custody of the insured at the definition of"nuclear facility". premises where such equipment or device is located consists of or C. Who Is An Insured contains more than twenty-five 1. If you are designated in the Declarations as: (25) grams of plutonium or uranium 233 or any combination a. An individual, you and your spouse are thereof, or more than two insureds, but only with respect to the conduct hundred fifty (250) grams of of a business of which you are the sole uranium 235; owner. (d) Any structure, basin, excavation, b. A partnership or joint venture, you are an premises or place prepared or insured. Your members, your partners and used for the storage or disposal their spouses are also insureds, but only with of"waste"; respect to the conduct of your business. and includes the site on which any of c. A limited liability company, you are an in- the foregoing is located, all opera- sured. Your members are also insureds, but tions conducted on such site and all only with respect to the conduct of your premises used for such operations; business. Your managers are insureds, but "Nuclear material" means "source only with respect to their duties as your (4) managers. material", "special nuclear material" or"by-product material"; d. An organization other than a partnership,joint (5) "Nuclear reactor" means any venture or limited liability company, you are apparatus designed or used to an insured. Your "executive officers" and sustain nuclear fission in a self- directors are insureds, but only with respect to supporting chain reaction or to their duties as your officers or directors. Your contain critical mass of fissionable stockholders are also insureds, but only with respect to their liability as stockholders. material; e. A trust, you are an insured. Your trustees are (6) "Property damage" includes all forms of radioactive contamination of also insureds, but only with respect to their duties as trustees. property; (7) "Source material" has the meaning 2. Each of the following is also an insured: given it in the Atomic Energy Act of 1954 or in any law amendatory thereof; PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 40 of 48 a. Your "volunteer workers" only while per- (1) With respect to liability arising out of the forming duties related to the conduct of your maintenance or use of that property; and business, or your "employees", other than (2) Until your legal representative has bees either your "executive officers" (if you are an appointed. organization other than a partnership, joint venture or limited liability company) or your d. Your legal representative if you die, but only managers (if you are a limited liability with respect to duties as such. That repre- company), but only for acts within the scope sentative will have all your rights and duties of their employment by you or while under this policy. performing duties related to the conduct of No person or organization is an insured with re- your business. However, none of these spect to the conduct of any current or past part- nership, joint venture or limited liability company insureds for: that is not shown as a Named Insured in the (1) "Bodily injury" or "personal and adverbs- Declarations. ing injury": D. Liability And Medical Expenses Limits Of (a) To you, to your partners or members Insurance (if you are a partnership or joint ven- ture), 1 The Limits of Insurance of SECTION II — to your members (if you area limited LIABILITY shown in the Declarations and the limited liability company), or to a c rules below fix the most we will pay regardless of "employee" while in the course of his s the number of: or her employment or performing du- ties related to the conduct of your a. Insureds', business, or to your other "volunteer workers" while performing duties re- b. Claims made or"suits" brought; or lated to the conduct of your business; c. Persons or organizations making claims or (b) To the spouse, child, parent, brother bringing "suits". or sister of that co-"employee" as a 2. The most we will pay for the sum of all damages consequence of Paragraph (a) above; because of all: (c) For which there is any obligation to a. "Bodily injury", "property damage" an, share damages with or repay some- medical expenses arising out of any one one else who must pay damages "occurrence'; and because of the injury described in Paragraph (a) or(b); or b. "Personal and advertising injury" sustained by any one person or organization; (d) Arising out of his or her providing or failing to provide professional health is the Liability and Medical Expenses limit shown care services. in the Declarations. But the most we will pay for all medical expenses because of "bodily injury" (2) "Property damage"to property: sustained by any one person is the Medical (a) Owned, occupied or used by, Expenses limit shown in the Declarations. (b) Rented to, in the care, custody or 3. The most we will pay under Business Liability control of, or over which physical Coverage for damages because of "property control is being exercised for any damage" to a premises while rented to you or in purpose by the case of fire while rented to you or temporarily occupied by you with permission of the owner is you, any of your "employees", "volunteer the applicable Damage To Premises Rented To workers", any partner or member (if you You limit shown for that premises in the are a partnership or joint venture), or any Declarations. For a premises temporarily occu- member (if you are a limited liability pied by you, the applicable limit will be the highest company). Damage To Premises Rented To You limit shown b. Any person (other than your "employee" or in the Declarations. "volunteer worker"), or any organization while 4. Aggregate Limits acting as your real estate manager. The most we will pay for: c. Any person or organization having proper temporary custody of your property if you die, a. All "bodily injury" and "property damage" that but only: is included in the "products-completer' operations hazard" is twice the Liability ani Medical Expenses limit. PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 41 of 48 b. All: You must see to it that we receive written (1) "Bodily injury' and "property damage" notice of the claim or "suit" as soon as prac- except damages because of "bodily in- ticable. jury" or "property damage" included in the c. You and any other involved insured must: "products-completed operations hazard"; (1) Immediately send us copies of any de- (2) Plus medical expenses; mands, notices, summonses or legal (3) Plus all "personal and advertising injury" papers received in connection with the caused by offenses committed; claim or"suit"; is twice the Liability and Medical Expenses limit. (2) Authorize us to obtain records and other information; Subject to Paragraph a. or b. above, whichever (3) Cooperate with us in the investigation or applies, the Damage To Premises Rented To You settlement of the claim or defense against Limit is the most we will pay for damages the "suit" and because of "property damage" to any one premises, while rented to you, or in the case of (4) Assist us, upon our request, in the en- fire, while rented to you or temporarily occupied forcement of any right against any person by you with permission of the owner. or organization that may be liable to the insured because of injury or damage to The Limits of Insurance of SECTION 11 — which this insurance may also apply. LIABILITY apply separately to each consecutive annual period and to any remaining period of less d. No insured will, except at that insured's own than twelve (12) months, starting with the cost, voluntarily make a payment, assume beginning of the policy period shown in the any obligation, or incur any expense, other Declarations, unless the policy period is extended than for first aid, without our consent. after issuance for an additional period of less than 3. Legal Action Against Us twelve (12) months. In that case, the additional period will be deemed part of the last preceding No person or organization has a right under this period for purposes of determining the Limits of policy: Insurance. a. To join us as a party or otherwise bring us E. Liability And Medical Expenses General into a "suit" asking for damages from an in- Conditions sured; or 1. Bankruptcy b. To sue us on this policy unless all of its terms Bankruptcy or insolvency of the insured or of the have been fully complied with. insured's estate will not relieve us of our A person or organization may sue us to recover obligations under this policy. on an agreed settlement or on a final judgment 2. Duties In The Event Of Occurrence, Offense, against an insured; but we will not be liable for Claim Or Suit damages that are not payable under the terms of this policy or that are in excess of the applicable a. You must see to it that we are notified as Limit of Insurance. An agreed settlement means a soon as practicable of an "occurrence" or an settlement and release of liability signed by us, offense which may result in a claim. To the the insured and the claimant or the claimant's extent possible, notice should include: legal representative. (1) How, when and where the "occurrence" 4. Separation Of Insureds or offense took place; Except with respect to the Limits of Insurance of (2) The names and addresses of any injured SECTION II—LIABILITY, and any rights or duties persons and witnesses; and specifically assigned in this policy to the first (3) The nature and location of any injury or Named Insured, this insurance applies: damage arising out of the "occurrence" or a. As if each Named Insured were the only offense. Named Insured; and b. If a claim is made or "suit" is brought against b. Separately to each insured against whom any insured, you must: claim is made or"suit" is brought. (1) Immediately record the specifics of the claim or"suit"and the date received;and (2) Notify us as soon as practicable. PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 42 of 48 F. Liability And Medical Expenses Definitions 5. "Employee" includes a "leased worker". "Em- 1. "Advertisement" means a notice that is broadcast ployee"does not include a"temporary worker". or published to the general public or specific 6. "Executive officer" means a person holding any c market segments about your goods, products or the officer positions created by your charter, services for the purpose of attracting customers constitution, bylaws or any other similar governing or supporters. For the purposes of this definition: document. a. Notices that are published include material 7. "Hostile fire" means one which becomes un- placed on the Internet or on similar electronic controllable or breaks out from where it was in- means of communication; and tended to be. b. Regarding websites, only that part of a 8. "Impaired property" means tangible property, website that is about your goods, products or other than "your product" or "your work", that services for the purposes of attracting cannot be used or is less useful because: customers or supporters is considered an a. It incorporates "your product" or "your work" advertisement. that is known or thought to be defective, de- 2. "Auto" means: ficient, inadequate or dangerous; or a. A land motor vehicle, trailer or semitrailer b. You have failed to fulfill the terms of a con- designed for travel on public roads, including tract or agreement; any attached machinery or equipment; or if such property can be restored to use by: b. Any other land vehicle that is subject to a (1) The repair, replacement, adjustment or compulsory or financial responsibility law or removal of "your product" or "your work"; other motor vehicle insurance or motor ve- or hicle registration law where it is licensed or principally garaged. (2) Your fulfilling the terms of the contract or However, "auto" does not include "mobile agreement. equipment". 9. "Insured contract" means: 3. "Bodily injury" means bodily injury, sickness or a. A contract for a lease of premises. However, disease sustained by a person, including death that portion of the contract for a lease c resulting from any of these at any time. premises that indemnifies any person or- 4. "Coverage territory" means: organization for damage by fire to premises while rented to you or temporarily occupied by a. The United States of America (including its you with permission of the owner is not an territories and possessions), Puerto Rico and "insured contract" Canada; b. A sidetrack agreement; b. International waters or airspace, but only if the injury or damage occurs in the course of c. Any easement or license agreement, except travel or transportation between any places in connection with construction or demolition included in Paragraph a.above; or operations on or within fifty (50) feet of a C. All other parts of the world if the injury or railroad; damage arises out of: d. An obligation, as required by ordinance, to (1) Goods or products made or sold by you in indemnify a municipality, except in connection the territory described in Paragraph a. with work for a municipality; above; e. An elevator maintenance agreement; (2) The activities of a person whose home is f. That part of any other contract or agreement in the territory described in Paragraph a. pertaining to your business (including an above, but is away for a short time on indemnification of a municipality in connection your business; or with work performed for a municipality) under (3) "Personal and advertising injury" offenses which you assume the tort liability of another that take place through the Internet or party to pay for "bodily injury" or "property similar electronic means of com- damage" to a third person or organization. munication; Tort liability means a liability that would be provided the insured's responsibility to pay imposed by law in the absence of any damages is determined in a"suit" on the merits in contract or agreement. the territory described in Paragraph a. above or in Paragraph f. does not include that part of an, a settlement we agree to. contract or agreement: PPS 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 43 of 48 (1) That indemnifies a railroad for "bodily c. Vehicles that travel on crawler treads; injury"or"property damage"arising out of d. Vehicles, whether self-propelled or not, on construction or demolition operations, which are permanently mounted: within fifty (50) feet of any railroad property and affecting any railroad bridge (1) Power cranes, shovels, loaders, diggers or trestle, tracks, roadbeds, tunnel, or drills; or underpass or crossing; (2) Road construction or resurfacing equip- (2) That indemnifies an architect, engineer or ment such as graders, scrapers or rollers; surveyor for injury or damage arising out of: e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are (a) Preparing, approving or failing to maintained primarily to provide mobility to prepare or approve maps, drawings, permanently attached equipment of the opinions, reports, surveys, change following types: orders,designs or specifications;or (1) Air compressors, pumps and generators, (b) Giving directions or instructions, or including spraying, welding, building failing to give them, if that is the pri- cleaning, geophysical exploration, lighting mary cause of the injury or damage; and well servicing equipment; or or (2) Cherry pickers and similar devices used (3) Under which the insured, if an architect, to raise or lower workers; engineer or surveyor, assumes liability for f. Vehicles not described in Paragraph a., la., c. an injury or damage arising out of the or d. above maintained primarily for purposes insured's rendering or failure to render other than the transportation of persons or professional services, including those listed in Paragraph (2) above and su- cargo. pervisory, inspection or engineering However, self-propelled vehicles with the services. following types of permanently attached 10. "Leased worker" means a person leased to you equipment are not"mobile equipment" but will by a labor leasing firm under an agreement be- tween you and the labor leasing firm, to perform (1) Equipment designed primarily for: duties related to the conduct of your business. (a) Snow removal; "Leased worker" does not include a "temporary worker". (b) Road maintenance, but not construc- 11. "Loading or unloading" means the handling of tion or resurfacing; or property: (c) Street cleaning; a. After it is moved from the place where it is (2) Cherry pickers and similar devices accepted for movement into or onto an air- mounted on automobile or truck chassis craft,watercraft or"auto"; and used to raise or lower workers;and b. While it is in or on an aircraft, watercraft or (3) Air compressors, pumps and generators, "auto% or including spraying, welding, building c. While it is being moved from an aircraft, cleaning, geophysical exploration, lighting watercraft or "auto" to the place where it is and well servicing equipment. finally delivered; However, "mobile equipment" does not but "loading or unloading" does not include the include land vehicles that are subject to a movement of property by means of a mechanical compulsory or financial responsibility law or device, other than a hand truck, that is not other motor vehicle insurance or motor attached to the aircraft,watercraft or"auto" vehicle registration law where they are licensed or principally garaged. Land vehicles 12. "Mobile equipment" means any of the following subject to a compulsory or financial types of land vehicles, including any attached responsibility law or other motor vehicle machinery or equipment: insurance law or motor vehicle registration a. Bulldozers, farm machinery, forklifts and other law are considered "autos". vehicles designed for use principally off public 13, "Occurrence" means an accident, including roads; continuous or repeated exposure to substantially b. Vehicles maintained for use solely on or next the same general harmful conditions. to premises you own or rent; PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 44 of 48 i 14. "Personal and advertising injury" means injury, Work that may need service, maintenance, including consequential "bodily injury", arising out correction, repair or replacement, but which is of one or more of the following offenses: otherwise complete, will be treated as a. False arrest, detention or imprisonment; completed. b. Malicious prosecution; The "bodily injury" or"property damage" must occur away from premises you own or rent, c. The wrongful eviction from, wrongful entry unless your business includes the selling, into, or invasion of the right of private occu- handling or distribution of "your product" for pancy of a room, dwelling or premises that a consumption on premises you own or rent. person occupies, committed by or on behalf b. Does not include "bodily injury" or "property of its owner, landlord or lessor; damage" arising out of: d. Oral or written publication, in any manner, of (1) The transportation of property, unless the material that slanders or libels a person or injury or damage arises out of a condition organization or disparages a person's or or- in or on a vehicle not owned or operated ganization's goods, products or services; by you, and that condition was created by e. Oral or written publication, in any manner, of the "loading or unloading" of that vehicle material that violates a person's right of by any insured; or privacy; (2) The existence of tools, uninstalled f. The use of another's advertising idea in your equipment or abandoned or unused "advertisement" or materials. g. Infringing upon another's copyright, trade 17. "Property damage"means: dress or slogan in your"advertisement". a. Physical injury to tangible property, including 15. "Pollutants" mean any solid, liquid, gaseous or all resulting loss of use of that property. All thermal irritant or contaminant, including smoke, such loss of use shall be deemed to occur at vapor, soot, fumes, acids, alkalis, chemicals and the time of the physical injury that caused it; waste. Waste includes materials to be recycled, or reconditioned or reclaimed. b. Loss of use of tangible property that is no+ 16. "Products-completed operations hazard": physically injured. All such loss of use she' be deemed to occur at the time of the "oc-- a. Includes all "bodily injury" and "property damage" occurring away from premises you cu rence"that caused it. own or rent and arising out of "your product" For the purposes of this insurance, electronic data or"your work"except: is not tangible property. (1) Products that are still in your physical As used in this definition, electronic data means possession; or information, facts or programs stored as, created completed or or used on, or transmitted to or from computer (2) Work that has not yet been comp, "your work) will b software, including systems and applications abandoned. However, deemed completed the earliest it the software, hard or floppy disks, CD-ROMs, tapes, following times: drives, cells, data processing devices or any other media which are used with electronically (a) When all of the work called for in your controlled equipment. contract has been completed. 18. "Suit" means a civil proceeding in which damages (b) When all of the work to be done at because of "bodily injury", "property damage", or the job site has been completed if 'personal and advertising injury" to which this your contract calls for work at more insurance applies are alleged. "Suit" includes: than one job site. a. An arbitration proceeding in which such (c) When that part of the work done at damages are claimed and to which the in- the job site has been put to its in- sured must submit or does submit with our tended use by any other person or consent; or organization other than another con- b. Any other alternative dispute resolution tractor or subcontractor working on proceeding in which such damages are the same project. claimed and to which the insured submits with our consent. PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 45 of 48 19. "Temporary worker" means a person who is SECTION III — COMMON POLICY CONDITIONS furnished to you to substitute for a permanent (APPLICABLE TO SECTION I — PROPERTY AND "employee"on leave or to meet seasonal or short- SECTION II—LIABILITY) term workload conditions. A. Cancellation 20. "Volunteer worker" means a person who is not 1. The first Named Insured shown in the Declara- your "employee", and who donates his or her tions may cancel this policy by mailing or deliv- work and acts at the direction of and within the ering to us advance written notice of cancellation. scope of duties determined by you, and is not paid a fee, salary or other compensation by you 2. We may cancel this policy by mailing or delivering or anyone else for their work performed for you. to the first Named Insured written notice of cancellation at least: 21. "Your product": a. Means: a. Five (5) days before the effective date of can- cellation if any one of the following conditions (1) Any goods or products, other than real exists at any building that is Covered Property property, manufactured, sold, handled, in this policy; distributed or disposed of by: (1) The building has been vacant or unoc- (a) You; cupied sixty (60) or more consecutive (b) Others trading under your name; or days. This does not apply to: (c) A person or organization whose (a) Seasonal unoccupancy; or business or assets you have ac- (b) Buildings in the course of construc- quired; and tion, renovation or addition. (2) Containers (other than vehicles), mate- Buildings with sixty-five percent (65%) or rials, parts or equipment furnished in more of the rental units or floor area connection with such goods or products. vacant or unoccupied are considered b. Includes: unoccupied under this provision. (2) After damage by a Covered Cause of (1) Warranties or representations made at Loss, permanent repairs to the building: any time with respect to the fitness, qual- ity, durability, performance or use of"your (a) Have not started, and product"; and (b) Have not been contracted for, (2) The providing of or failure to provide within thirty (30) days of initial payment of warnings or instructions. loss. c. Does not include vending machines or other (3) The building has: property rented to or located for the use of (a) An outstanding order to vacate; others but not sold. 22. "Your work": (b) An outstanding demolition order; or (c) Been declared unsafe by govern- a. Means: mental authority. (1) Work or operations performed by you or (4) Fixed and salvageable items have been on your behalf; and or are being removed from the building (2) Materials, parts or equipment furnished in and are not being replaced. This does not connection with such work or operations. apply to such removal that is necessary b. Includes: or incidental to any renovation or remodeling. (1) Warranties or representations made at (5) Failure to: any time with respect to the fitness, qual- ity, durability, performance or use of"your (a) Furnish necessary heat,water, sewer work"; and service or electricity for thirty (30) consecutive days or more, except (2) The providing of or failure to provide warnin s or during a period of seasonal unoccu- g panty; or PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 46 of 48 i I (b) Pay property taxes that are owing a. Make inspections and surveys at any time; and have been outstanding for more b. Give you reports on the conditions we find; than one year following the date due, and except that this provision will not ap- ply where you are in a bona fide dis- c. Recommend changes. pute with the taxing authority regard- 2. We are not obligated to make any inspections, ing payment of such taxes. surveys, reports or recommendations and any b. Ten (10) days before the effective date of such actions we do undertake relate only to in- cancellation if we cancel for nonpayment of surability and the premiums to be charged. We do premium. not make safety inspections. We do not undertake to perform the duty of any person or organization c. Thirty (30) days before the effective date of to provide for the health or safety of workers or cancellation if we cancel for any other reason. the public.And we do not warrant that conditions: 3. We will mail or deliver our notice to the first a. Are safe and healthful; or Named Insured's last mailing address known to us. b. Comply with laws, regulations, codes or standards. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that 3. Paragraphs 1. and 2. of this condition apply not date. only to us, but also to any rating, advisory, rate 5. If this policy is cancelled, we will send the first service or similar organization which makes in- P y surance inspections, surveys, reports or rec- Named Insured any premium refund due. If we ommendations. cancel, the refund will be pro rate. If the first Named Insured cancels, the refund may be less 4. Paragraph 2. of this condition does not apply to than pro rate. The cancellation will be effective any inspections, surveys, reports or recom- even if we have not made or offered a refund. mendations we may make relative to certification, 6. If notice is mailed, roof of mailing will be suffi- under state or municipal statutes, ordinances or P g regulations, of boilers, pressure vessels or cient proof of notice. elevators. B. Changes F. Insurance Under Two Or More Coverages This policy contains all the agreements between you If two or more of this policy's coverages apply to the` and us concerning the insurance afforded. The first same loss or damage, we will not pay more than the Named Insured shown in the Declarations is actual amount of the loss or damage. authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended G. Liberalization or waived only by endorsement issued by us and If we adopt any revision that would broaden the made a part of this policy. coverage under this policy without additional premium C. Concealment, Misrepresentation Or Fraud within forty-five (45) days prior to or during the policy This policy is void in any case of fraud b you as it Period, the broadened coverage will immediately P y y y apply to this policy. relates to this policy at any time. It is also void if you or any other insured, at any time, intentionally conceal H. Other Insurance or misrepresent a material fact concerning: 1. If there is other insurance covering the same loss 1. This policy; or damage, we will pay only for the amount of covered loss or damage in excess of the amount 2. The Covered Property; due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance of SECTION I — 3. Your interest in the Covered Property; or PROPERTY. 4. A claim under this policy. 2. Business Liability Coverage is excess over: D. Examination Of Your Books And Records a. Any other insurance that insures for direct We may examine and audit your books and records physical loss or damage; or as they relate to this policy at any time during the b. Any other primary insurance available to you policy period and up to three (3)years afterward. covering liability for damages arising out of E. Inspections And Surveys the premises or operations for which you 1. We have the right to: have been added as an additional insured b attachment of an endorsement. PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 47 of 48 3. When this insurance is excess, we will have no 3. The first Named Insured must keep records of the duty under Business Liability Coverage to defend information we need for premium computation, any claim or "suit" that any other insurer has a and send us copies at such times as we may duty to defend. If no other insurer defends,we will request. undertake to do so; but we will be entitled to the K. Transfer Of Rights Of Recovery Against Others To insured's rights against all those other insurers. Us I. Premiums 1. Applicable to Businessowners Property 1. The first Named Insured shown in the Coverage: Declarations: If any person or organization to or for whom we a. Is responsible for the payment of all premi- make payment under this policy has rights to ums; and recover damages from another, those rights are transferred to us to the extent of our payment. b. Will be the payee for any return premiums we That person or organization must do everything pay. necessary to secure our rights and must do 2. The premium shown in the Declarations was nothing after loss to impair them. But you may computed based on rates in effect at the time the waive your rights against another party in writing: policy was issued. On each renewal, continuation a. Prior to a loss to your Covered Property. or anniversary of the effective date of this policy, we will compute the premium in accordance with b. After a loss to your Covered Property only if, our rates and rules then in effect. at time of loss, that party is one of the 3. With our consent, you may continue this policy in following: force by paying a continuation premium for each (1) Someone insured by this insurance; successive one year period. The premium must (2) A business firm: be: a. Paid to us prior to the anniversary date; and (a) Owned or controlled by you; or b. Determined in accordance with Paragraph 2. (b) That owns or controls you; or above. (3) Your tenant. Our forms then in effect will apply. If you do not You may also accept the usual bills of lading or pay the continuation premium, this policy will shipping receipts limiting the liability of carriers. expire on the first anniversary date that we have This will not restrict your insurance. not received the premium. 4. Undeclared exposures or change in your busi- 2. Applicable to Businessowners Liability Coverage: ness operation, acquisition or use of locations If the insured has rights to recover all or part of may occur during the policy period that are not any payment we have made under this policy, shown in the Declarations. If so, we may require those rights are transferred to us. The insured an additional premium. That premium will be must do nothing after loss to impair them. At our determined in accordance with our rates and rules request, the insured will bring "suit" or transfer then in effect. those rights to us and help us enforce them. This J. Premium Audit condition does not apply to Medical Expenses Coverage. 1. This policy is subject to audit if a premium L. Transfer Of Your Rights And Duties Under This designated as an advance premium is shown in Policy the Declarations. We will compute the final premium due when we determine your actual Your rights and duties under this policy may not be exposures. transferred without our written consent except in the 2. Premium shown in this policy as advance pre- case of death of an individual Named Insured. mium is a deposit premium only. At the close of If you die, your rights and duties will be transferred to each audit period we will compute the earned your legal representative but only while acting within premium for that period and send notice to the the scope of duties as your legal representative. Until first Named Insured. The due date for audit your legal representative is appointed, anyone having premiums is the date shown as the due date on proper temporary custody of your property will have the bill. If the sum of the advance and audit your rights and duties but only with respect to that premiums paid for the policy period is greater property. than the earned premium, we will return the excess to the first Named Insured. PPB 101 06 10 Contains copyrighted material of Insurance Services Office, Inc. Page 48 of 48 Policy Number: PSB0002093 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° ERISA ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SECTION I — PROPERTY, G. Optional Coverages, 2. 3. If the first Named Insured in the Declarations is an Employee Dishonesty of the Businessowners entity other than a Plan, any payment we make to Coverage Form is changed as follows: that insured for loss sustained by a Plan will be held by that Insured for the use and benefit of the Plan Your Employee welfare or pension benefit plan(s) that sustaining the loss. are subject to the Employee Retirement Income Security 4. If two or more Plans are insured under this Act of 1974 (hereinafter called Plan) are included as endorsement, any payment we make for loss; insureds under the Employee Dishonesty coverage but only to the extent provided in this endorsement. a. Sustained by two or more Plans; or In compliance with certain provisions of the Employee b. Of commingled "money", "securities", or other Retirement Security Act of 1974(ERISA): property of two or more Plans; 1. "Employee" also includes any natural person who is; that arises out of one occurrence is to be shared by each Plan sustaining loss in the proportion that the a. A trustee, an officer, employee, administrator or a Limit of Insurance required for each Plan bears to a manager, except an administrator to the total of those limits. manager who is an independent contractor of any Plan insured under this endorsement, and 5. The Deductible applicable to Employee Dishonesty b. Your director or trustee while that person is does not apply to loss sustained by any Plan(s). ' handling "money", "securities", or other property 6. Any of your Plan(s) that meet the requirements of of any Plan insured under this endorsement. ERISA is an insured under this endorsement. 2. If any Plan is insured jointly with any other entity 7. The most we will pay for loss in any one occurrence under this insurance, you or the Plan Administrator is the Limit of Insurance shown in the declarations. must select a Limit of Insurance for ERISA Employee Dishonesty that is sufficient to provide an amount of insurance for each Plan that is at least equal to that required if each Plan were separately insured. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 300 06 10 Page 1 of 1 Policy Number: PSB0002093 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR DESIGN PROFESSIONALS PROPERTY ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT This schedule is provided only as a convenience. It should not be assumed to provide a reference to every provision that can affect a question, claim or coverage. To determine the full scope of coverage and pertinent restrictions and exclusions, the policy, including endorsements, must be read it its entirety. 1. Property Limitations—Interior Damage 2. Business Income And Extra Expense— Newly Acquired Premises 3. Forgery Or Alteration Increased Limit 4. Increased Cost Of Construction —Ordinance Or Law Expanded Coverage 5, Business Income And Extra Expense From Dependent Properties 6. Electronic Data 7, Interruption Of Computer Operations 8. Contract Penalty Clause 9. Identity Fraud Expense 10. Unauthorized Business Card Use 11. Utility Services—Direct Damage 12. Fine Arts 13. Newly Acquired Or Constructed Property For Buildings And Business Personal Property 14. Business Personal Property Off Premises 15. Outdoor Property 16. Personal Effects ' 17. Valuable Papers And Records 18. Accounts Receivable 19. Business Income And Extra Expense—Billable Hours Option 20. Computer Fraud 21. Limited Building Coverage—Tenant Obligation 22. Water Back Up And Sump Overflow 23. Utility Services—Time Element 24. Non-Owned Detached Trailers 25. Property Loss Conditions—Replacement Cost 26. Money And Securities 27. Employee Dishonesty 28. Property Definitions i PPB 301 WA 11 12 Page 1 of 10 This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM 1. Property Limitations—Interior Damage (4) Business Income and Extra Expense due to Section I AA. Limitations, paragraph a.(5) is an increased "period of restoration" caused deleted. by or resulting from the enforcement of any law or ordinance that regulates the construc- 2. Business Income And Extra Expense — Newly tion or repair of any property or requires the Acquired Premises tearing down of parts of any property not With respect to Section I A.S. Additional damaged by a Covered Cause of Loss, Coverages, f. Business Income and g. Extra however the most we will pay for Business Expense, coverage is extended to Newly Acquired Income and Extra Expense for any increase Premises. The most we will pay in any one in the"period of restoration" is the lesser of: occurrence for business income and extra expense (a) $50,000; or is $500,000. Insurance under this Additional Coverage for each (b) The amount of actual and necessary newly acquired premises will end when any of the loss you sustain during the increased following first occurs: period of suspension of your operations". a. This policy expires; b. The coverages provided by this extension apply b. One hundred eighty (180) days expire after you only if the building sustains direct physical dam- acquire that premises; age due to a Covered Cause of loss under this c. You report that premises to us; policy and such damage results in enforcement of the ordinance or law. d. The Business Income or Extra Expense is more specifically insured. c. Section 1 A.S. Additional Coverages, 1. 3 Increased Cost Of Construction, paragraph . Forgery Or Alteration Increased Limit (6) is deleted and replaced by the following: Section I A.S. Additional Coverages, k. Forgery Or Alteration, paragraph (4) is deleted and replaced (6) The most we will pay for the Additional Cov with the following: erages in Increased Cost Of Construction l Ordinance or Law Expanded Coverage is (4) The most we will pay for any loss, including legal $250,000 for each described premises or expenses, under this Additional Coverage is each damaged building if the damaged $50,000, unless a higher Limit of Insurance is building is covered under a blanket limit of shown in the Declarations. insurance. 4. Increased Cost Of Construction — Ordinance Or 5. Business Income And Extra Expense From Law Expanded Coverage Dependent Properties a. With respect to Section I A.5. Additional Coverages, I. Increased Cost Of Construc- Section I A.S. Additional Coverages, m. Business tion, coverage is extended to include: Income and Extra Expense From Dependent Properties, paragraph (1) is deleted and replaced (1) The loss in value of the undamaged portion with the following: of the building as a consequence of enforce- ment of any ordinance or law that requires (1) We will pay for the actual loss of Business demolition of undamaged parts of the same Income and Extra Expense you sustain due to building. physical loss or damage at the premises of a dependent property caused by or resulting from (2) The cost incurred to demolish and clear the s any Covered Cause of Loss. The most we will site of undamaged parts of the same build- ing as a consequence of enforcement of an pay under this Additional Coverage ordinance or law that requires demolition of unless a higher Limit of Insurance is shhownownn in the Declarations. such undamaged property. (3) Tenant's Improvements and Betterments as 6. Electronic Data described in Paragraph A.1.b.(3) if: With respect to Section I A.S. Additional Cover- (a) You are a tenant; and ages, p. Electronic Data, coverage is extended to (b) A Limit of Insurance is shown in the apply to"Computer', and: Declarations for Business Personal The following replaces Section I A. Coverage, 2. Property at the described premises. Property Not Covered, paragraph i.: PPB 301WA 11 12 Page 2 of 10 I. "Electronic Data" (not including "stock") except (b) In any one occurrence for the following is as provided in Additional Coverages— Electronic the lesser of $100,000 or The Business Data. Personal Property limit;for The following exclusions as described in Section I (i) Loss of or damage to "Computer and to B. Exclusions do not apply to this Additional "Electronic Data", while in transit or at a Coverage: premises other than the described a. Paragraph 1., b. Earth Movement; premise; b. Paragraph 1., e. Utility Services; (it) Loss of or damage to duplicates of your c. Paragraph 1., g. Water; "Electronic Data" while stored at a sep- arate premises from where your original d. Paragraph 2., a. Electrical Apparatus;or "Electronic Data"are kept; or for e. Paragraph 2., 1. Other Types Of Loss, paragraph (6). (III) Loss of or damage to "Computer", in- cluding such property you newly acquire Section I A.S. Additional Coverages, p. Electronic at each newly acquired premises, but Data, paragraph(2) is replaced by the following: coverage will end when any of the (2) The Covered Causes of Loss applicable to following first occurs: Business Personal Property include "Head- I. This policy expires;or crash", or "electronic vandalism" introduced into or enacted on a computer system (including ii. One hundred eighty (180) days ex- "electronic data")or a network to which it is con- pire after you acquire the "Compu- nected, designed to damage or destroy any part ter"; or of the system or disrupt its normal operation. But iii. You report values to us, there is no coverage for loss or damage caused by or resulting from: (c) The most we will pay under this Additional (a) Manipulation of a computer system (in- Coverage for loss of or damage to "Elec- cluding "electronic data") by any employee, tronic Data" caused by or resulting from including a temporary or leased employee, "electronic vandalism", in any one occur- or by an entity retained by you, or for you, to rence is $100,000, including covered loss of inspect, design, install, modify, maintain, Business Income or Extra Expense, regard- repair or replace that system; less of the number of premises involved. (b) Unexplained or indeterminable failure, mal- With respect to Section I A.S. Additional Cover- function, or slowdown of a computer system, ages, p. Electronic Data, the fallowing paragraph is including "Electronic Data", or the inability to added; access or properly manipulate "Electronic This Additional Coverage does not apply to property Data; or that is otherwise covered under the Business Per- (c) "Electronic vandalism", unless at the time of sonal Property Off Premises Coverage Extension. loss or damage your computer system or a Cover- network to which it is connected: With respect to Section I Additional Cover- Sec ages, p. Electronic Data, Section I F.4. Property (1) Employs the most current versions, up- General Conditions, Policy Period, Coverage dates and patches of commercially Territory, paragraph b. is replaced by the following: available firewall, anti-virus, antispyware and software security protection; and b. The coverage territory is worldwide. (it) Has had "electronic data" system back- 7. Interruption Of Computer Operations up within seventy-two (72) hours. With respect to Section I A.S. Additional Cover- Section I A.S. Additional Coverages, p. Electronic ages, q. Interruption Of Computer Operations, Data, paragraph(3) is replaced by the following: paragraphs (1) and (3) are replaced by the following: (3) The most we will pay under this Additional (1) You may extend Business Income and Extra Coverage for loss of or damage: Expense limits of insurance to apply to a (a) To "Computer and to "Electronic Data", at "suspension" of "operations" caused by an the described premises, in any one occur- interruption of computer operations due to direct rence, is the Limit of Insurance shown in the physical loss of or damage to "Electronic Data" Declarations for Business Personal Property at or away from the described premises caused at such premises, or by or resulting from a Covered Cause of Loss. PPB 301 WA 11 12 Page 3 of 10 (3) Unless a higher limit of insurance is shown in 9. Identity Fraud Expense the Declarations, the most we will pay under this a. We will pay for Expenses incurred by an Additional Coverage is: "Insured Person" as a direct result of any onf (a) $500,000 for the sum of all covered inter- "Identity Fraud" first discovered or learned of by ruptions arising out of all Covered Causes of such Insured Person during the policy period. Loss occurring at the described premises Any act or series of acts committed by one or during each separate twelve (12) month more persons, or in which such person or per- period of this policy beginning with the sons are aiding or abetting others against an effective date of this policy; or "Insured Person", is considered to be one "Identity Fraud", even If a series of acts con- (b) $25,000 in any one occurrence for a cov- tinues into a subsequent policy period. ered interruption arising out of a Covered Cause of Loss occurring away from the b. With respect to this Additional Coverage: described premises. This limit applies regardless of the number of premises (1) "Expense" means: involved. (a) Costs for affidavits or similar documents attesting to fraud required by financial (c) $50,000 for the sum of all covered inter- institutions or similar credit grantors or ruptions arising out of all Covered Cause of credit agencies; Loss occurring away from the described premises during each separate twelve (12) (b) Costs for certified mail to law enforce- month period of this policy beginning with ment agencies, credit agencies, finan- the effective date of this policy. cial institutions or similar credit grantors; (d) The most we will pay under this Additional (c) Lost income resulting from: Coverage for loss of or damage to "Elec- (i) Time taken off work to complete tronic Data" caused by or resulting from fraud affidavits; or "electronic vandalism" in any one occur- rence is the difference between $100,000 (it) Meeting with or talking to law en- .and the amount of loss paid under Section forcement agencies, credit agencies I.A.S. Additional Coverages, p. Electronic or legal counsel; up to a tots Data, paragraph (3) (c), regardless of the payment of $15,000, subject to a number of premises involved. maximum of$200 per day; With respect to Section I A.S. Additional Cover- (a) Loan application fees for reapplying for ages, q. Interruption Of Computer Operations, a loan or loans when the original ap- paragraphs (2)(a) and (b) are replaced with: plication is rejected solely because the lender received incorrect credit The Covered Causes of Loss that apply to"Compu_ information; ter" and "Electronic Data" apply to coverage (f) Reasonable attorney fees to: provided under this Additional Coverage. (i) Defend lawsuits brought against an 8. Contract Penalty Clause "Insured Person" by merchants, We will pay contract penalties you incur as a result financial institutions or their collec- of your failure to deliver your products or services tion agencies; within the time required by such contract, if the fail- (it) Remove any criminal or civil ure is solely due to direct physical loss of or damage judgments wrongly entered against to property at the described premises caused by or an"Insured Person"; or resulting from a Covered Cause of Loss. (III) Challenge the accuracy or com- The most we will pay under this Additional Coverage pleteness of any information in a is $25,000 for the sum of all covered contract consumer credit report: penalties arising out of all Covered Causes of Loss (g) Charges for long distance telephone occurring during each separate twelve (12) month calls to report to, or discuss an actual period of this policy beginning with the effective date "Identity Fraud"with: of this endorsement. The amount we pay under this Additional Coverage is in addition to the Limits of (i) Merchants; Insurance of SECTION I—PROPERTY. (it) Law enforcement agencies; PPB 301 WA 11 12 Page 4 of 10 (ill) Financial institutions or similar credit e. Regardless of the amount of the Business- grantors; or owners Property Coverage Deductible shown in (iv) Credit agencies; or the Declarations, the most we will deduct from any claim for Expenses under this Additional (h) Reasonable fees for professional finan- Coverage for any one "Identity Fraud" is$250. cial advice or professional credit advice. f. The most we will pay under this Additional (2) "Identity Fraud"means: Coverage is $25,000 for the sum of all covered The act of knowingly transferring or using, Expenses arising out of all "Identity Fraud" without lawful authority, a means of identi- against an "Insured Person" discovered during fication of an Insured Person with the intent each separate twelve (12) month period of this to commit, or to aid or abet another to com- policy beginning with the effective date of this mit, any unlawful activity that constitutes a endorsement. violation of federal law or a felony under any g. In order for coverage to be provided under this applicable state or local law; and Additional Coverage, you must sent to us, within (3) "Insured Person" means: sixty(60) days after our request, receipts, bills or other records that support your claim for (a) For sole proprietorships: Expenses under"Identity Fraud"coverage. The individual who is the sole proprietor 10. Unauthorized Business Card Use of the Named Insured shown in the Declaration; We will pay for your loss of"money' or charges and costs you incur that result directly from the (b) For partnerships: unauthorized use of credit, debit or charge cards Any individual that is a partner of the issued in your business name, including: Named Insured shown in the a. Fund transfer cards; Declaration. b. Charge plates; or (c) For corporations or any other type of organization: c. Telephone cards. The Chief Executive Officer, and any The most we will pay under this Additional Coverage '- individual who has an ownership interest in any one occurrence is $5,000. of at least twenty percent (20%) of the 11. Utility Services—Direct Damage Named Insured shown in the a. We will pay for loss of or damage to Covered Declarations; Property caused by the interruption of services c. The following additional exclusions apply to this to the described premises. The interruption must Additional Coverage: result from direct physical loss or damage by a We will not pay for: Covered Cause of Loss to the following property not on the described premises: (1) Expenses incurred due to any fraudulent, dishonest or criminal act by: (1) "Water Supply Services"; (a) An"Insured Person"; (2) "Communication Supply Services"; or (b) Any person aiding or abetting an (3) "Power Supply Services". "Insured Person"; or The most we will pay for loss or damage under (c) Any authorized representative of an this Additional Coverage in any one occurrence "Insured Person" whether acting alone is $25,000 at each described premises. or in collusion with others; b. Payments under this Additional Coverage are (2) Expenses incurred that are not related to the subject to and not in addition to the applicable identity of an individual; or Limit of Insurance. (3) Loss other than Expenses. Account 12. Fine Arts balances which arise out of fraudulent or a. When a Limit of Insurance is shown in the unauthorized charges would be one Declarations for Business Personal Property at example of loss other than Expenses. any described premises, we will pay for direct d. This Additional Coverage does not apply to physical loss of or damage to "fine arts" which Expenses otherwise covered under the Unauth- are owned by: orized Business Card Use Additional Coverage. (1) You; or PPB 301 WA 11 12 Page 5 of 10 i (2) Others and in your care, custody, or control. (a) Actual cash value of the property at the We will pay for loss of or damage to "Fine Arts" time of loss; or caused by or resulting from a Covered Cause of (b) The cost of reasonably restoring the, Loss anywhere in the coverage territory. property to its condition immediately b. Regardless of the number of premises described before the loss. the most we will pay for loss or damage under g, In the event of loss, the value of property will be this Additional Coverage in any one occurrence determined as of the time of loss. is $100,000 unless a higher limit is shown in the Declarations. The amount we pay under this h. The following are added to Paragraph E. Additional Coverage is in addition to the Limits Property Loss Conditions under SECTION I — of Insurance of SECTION I—PROPERTY. PROPERTY: c. The breakage limitation under Paragraph (1) In the case of loss to any pair or set we will: A.4.b.(2) does not apply to this Additional (a) Repair or replace any part to restore the Coverage. pair or set to its value before the loss; or d. The following are the only exclusions that apply (b) Pay the difference between the value of to this Additional Coverage: the pair or set before and after the loss. (1) We will not pay for loss or damage caused (2) You must arrange for the fine arts to be by or resulting from wear and tear, any packed and unpacked by competent quality in the property that causes it to damage or destroy itself, gradual detehora- packers. tion, insects, birds, rodents or other animals; 13. Newly Acquired Or Constructed Property For (2) We will not pay for loss or damage caused Buildings And Business Personal Property by or resulting from dampness or dryness of These Coverage Extensions are changed as follows: atmosphere, or changes in or extremes of temperature; a. The limit applicable to Coverage Extension a. (3) We wll not pay for lass or damage caused Newly Acquired Or Constructed Property, (1) Buildings is increased to$1,000,000. by or resulting from any repairing, restora- tion or retouching process; b. The limit applicable to Coverage Extension a.--- (4) Paragraph B.,1.,c. Governmental Action; Newly Acquired Or Constructed Property, (2) Business Personal Property is increased to (5) Paragraph B.,1., d. Nuclear Hazard; $500,000. (6) Paragraph B.,1., f. War And Military 14. Business Personal Property Off Premises Action; (7) Paragraph B.,2.,k. Neglect. The following replaces Coverage Extension b. Business Personal Property Off Premises: e. With the exception of architectural models, the value of fine arts will be the least of the following b. Business Personal Property Off Premises amounts: (1) When a Limit of Insurance is shown in the (1) The "market value' of the property at the Declarations for Business Personal Property time of loss; at the described premises, you may extend (2) The cost of reasonably restoring that prop- the limit of insurance to apply to direct erty to its condition immediately before the physical loss of or damage to such property loss; or caused by or resulting from a Covered Cause of Loss while: (3) The cost of replacing that property with substantially identical property. (a) In the course of transit to or from the described premises;or f. For architectural models the value will be determined based on the following: (b) Temporarily away from the described (1) If the architectural model is repaired or premises, and: rebuilt, the value will be the cost to repair or (i) At a premises you do not own, lease rebuild, without deduction for depreciation; or operate; or but (if) At any fair, trade show or exhibition (2) If the architectural model is not repaired or at a premises you do not own c rebuilt the value will be the lesser of: regularly occupy. PPB 301WA 11 12 Page 6 of 10 (2) This Coverage Extension applies to "Elec- 15. Outdoor Property tronic Data" and "Computer" only with The following replaces Coverage Extension c. respect to the following types of property Outdoor Property paragraph (2): principally used while off the described premises, including accessories and spare (2) The most we will pay for loss or damage under parts related to such item: this Extension is $10,000 at each described location, unless a higher Limit of Insurance for (a) Machinery; Outdoor Property is shown in the Declarations, (b) Equipment; but not more than $1,000 for any one tree, shrub (c) Tools; or plant. 16. Personal Effects (d) Devices; and ( The following replaces Coverage Extension d. e) Scientific instruments, including total Personal Effects: Stations, theodolites, and CPS instruments. d. Personal Effects (3) This Coverage Extension does not apply to You may extend the insurance that applies to property: Business Personal Property to apply to personal effects owned by you, your officers, your (a) While in the custody of the United partners or members, your managers or your States Postal Service; employees at each described premises. (b) Rented or leased to others; The most we will pay for loss or damage under (c) After delivery to customers; this extension is $25,000 at each described premises. (d) In the care, custody, or control of your salespersons, unless the property is in 17. Valuable Papers And Records such care, custody, or control at a fair, The following replaces Coverage Extension e. trade show, or exhibition. Valuable Papers And Records paragraph (1): (a) Temporarily at a premises for more than (1) When a Limit of Insurance is shown in the Dec- one hundred eighty (180) consecutive larations for Business Personal Property at the days. described premises, you may extend that limit to apply to direct physical loss of or damage to (f) Otherwise covered under the Fine Arts "valuable papers and records" at or away from Additional Coverage; or the described premises, that: (g) Otherwise covered under the following (a) You own; or Coverage Extensions: (b) Are owned by others, but in your care, (i) Accounts Receivable custody, or control; (ii) Electronic Data Processing Caused by or resulting from a Covered Cause of Personal Effects; or Loss. This Coverage Extension includes the (ui) cost to research, replace, or restore the lost (iv) Valuable Papers and Records. information on "valuable papers and records" for (4) The most we will pay for loss of or damage which duplicates do not exist. to the following types of property while off Coverage extension e. Valuable Papers and the described premises is $5,000 for any Records paragraph (2)(b) is deleted. one item, including accessories, spare parts, With respect to the Coverage Extension e. Valuable "Electronic Data" and"Computers' related to Papers and Records, paragraph (3) is replaced by such item: the following: (a) Machinery; (3) The most we will pay under this Coverage (b) Equipment; Extension for loss of or damage to "valuable (c) Tools; papers and records' in any one occurrence is $100,000 unless a higher limit of insurance is (d) Devices; and scheduled in the Declarations, regardless of the (e) Scientific instruments, including total number of described premises involved. Stations, theodolites, and GPS The following is added to the Coverage Extension e. instruments Valuable Papers and Records: PPB 301 WA 11 12 Page 7 of 10 With respect"valuable papers and records"of others limit of insurance to apply to loss of or damage in your care, custody, or control covered under this to Business Personal Property resulting directly Coverage Extension, the owner may have other from the use of any computer to fraudulently insurance covering the same property as this cause a transfer of that property from inside the insurance. This insurance is intended to be primary, building at the described premises or "banking and not contribute with such other insurance. premises'. 18. Accounts Receivable b. Limitations paragraph AA.a.(4) does not apply The following changes Coverage Extensions f. to this Coverage Extension. Accounts Receivable, paragraph (2) as follows c. The most we will pay under this Coverage (2) The most we will pay under this Coverage Extension in any one occurrence is $25,000, Extension for loss or damage in any one occur- regardless of the number of premises involved. rence, whether at or away from the described 21. Limited Building Coverage—Tenant Obligation premises, is $250,000, unless a higher Limit of a. When a Limit of Insurance is shown in the Insurance for accounts receivable is shown in Declarations for Business Personal Property at the Declaration. the described premises you may extend that 19. Business Income And Extra Expense — Billable insurance to apply to direct physical loss of or Hours Option damage to that part of a building you occupy as You may choose to have a covered business a tenant caused by or resulting from a Covered income loss paid on a Billable Hours basis. If you do Cause of Loss provided that: so, the following applies under this Coverage (1) You are a tenant; and Extension with respect to such loss: (2) You are contractually obligated to repair or Paragraph A.5.f.(1)(c) is replaced by the following: replace that part of a building you occupy as (c) Business Income means: a tenant; (i) The income that would have been generated b. This Coverage Extension does not apply to any from Billable Hours normally charged by you otherwise covered: or to your clients for services performed by (i) Building glass; or you or your employees if no physical loss or (ii) Tenants improvements and betterments a� damage occurred, and described in Paragraph A.1.b.(3). (ii) Other income of your business that would c. The most we will pay under this Coverage have been earned or incurred if no physical Extension in any one occurrence is $10,000 at loss or damage occurred; but each described premises. Minus expenses which do not necessarily 22. Water Back Up And Sump Overflow continue. a. When a Limit of Insurance is shown in the Within Paragraph A.5.f.(1)(c), the term Billable Declarations for Building or Business Personal Hours replaces the term Net Income as Property at the described premises, you may referenced within such provision; extend that limit of insurance to apply to direct (i) Billable Hours means the dollar value physical loss of or damage to Covered Property assigned to one hour of service you normal- at the described premises caused by or resulting ly charge to a client for work performed by from water or sewage that backs up or overflows you or your employees including time from a sewer, drain, or sump resulting from: charged for support functions such as (1) Water or waterborne material which backs copying and typing; up through or overflows or is otherwise (ii) The most we will pay for loss of business discharged from a sewer or drain; or income under this Coverage Extension in (2) Water or waterborne material which over- any one occurrence is$50,000; and flows or is otherwise discharged from a This option is not available for any coverage sump, sump pump or related equipment, provided by A.S. Additional Coverages, I. Civil even if the overflow or discharge results Authority. from mechanical breakdown. 20. Computer Fraud However, coverage does not apply to loss or damage resulting from an insured's failure to a. When a Limit of Insurance is shown in the perform routine maintenance or repair neces- Declarations for Business Personal Property at sary to keep a sewer, drain, or sump free fro( the described premises, you may extend that obstruction. PPB 301 WA 11 12 Page 8 of 10 i b. Exclusions paragraph B.1.g.(3) does not apply c. The most we will pay for loss or damage under to this Coverage Extension. this coverage extension in any one occurrence c. The most we will pay for loss or damage under is $5,000 regardless of the number of described this Coverage Extension in any one occurrence premises or"trailers" involved. is $25,000 at each described premises unless a d. This insurance is excess over the amount due higher limit of insurance is shown in the (whether you can collect on it or not) from any Declarations. other insurance covering such property. 23. Utility Services—Time Element 25. Property Loss Conditions a. When you have coverage for Business Income E. Property Loss Conditions 5. Loss Payment and Extra Expense, you may extend that in- d.(1)(a) is amended to read surance to apply to the loss of Business Income or Extra Expense caused by the interruption of (1) "At replacement cost without deduction for service to the described premises. The interrupt- depreciation, subject to the following: tion must result from direct physical loss or (a) We will pay the cost to repair or replace, damage by a Covered Cause of Loss to the fol- after application of the deductible and lowing property not on the described premises: without deduction for depreciation, but not (1) "Water Supply Services"; or more than the least of the following amounts: (2) "Power Supply Services';or (3) "Communication Supply Services". (i) The Limit of Insurance under SECTION I — PROPERTY that applies to the lost le. We will pay the actual loss sustained from the or damaged property; initial time of service(s) failure at the described (ii) The cost to replace, on the same premises but only when the service interruption premises, the lost or damaged property at the described premises exceeds twenty-four with other property: (24) hours immediately following the direct physical loss or damage. Coverage does not I. Of comparable material and quality; apply to any reduction of Income after service and has been restored to your premises. ii. Used for the same purpose; or c. The most we will pay for loss under this (iii)The amount that you actually spend that Coverage Extension in any one occurrence is $25,000 at each described premises. is necessary to repair or replace the lost or damaged property. 24. Non-Owned Detached Trailers If a building is rebuilt at a new premises, the a. When a Limit of Insurance is shown in the cost is limited to the cost which would have Declarations for Business Personal Property at been incurred had the building been built at the described premises, you may extend that the original premises. insurance to apply to direct physical loss of or damage to "trailers" that you do not own, E. Property Loss Conditions 5. Loss Payment provided that: d.(b) is deleted. (1) The"trailer' is used in your business E. Property Loss Conditions 8.Vacancy 8.a.(1)(b) (2) The "trailer" is in your care, custody, or s deleted. control at the described premises; and 26. Money And Securities (3) You have a contractual responsibility to pay The following change is made to G. Optional for loss of or damage to the "trailer". Coverages, 1. Money and Securities: b. We will not pay for loss or damage that occurs: Paragraph c. is replaced with: (1) While the "trailer' is attached to any motor c. The most we will pay for loss in any one vehicle or motorized conveyance, whether occurrence is: or not the motor vehicle or motorized con- (1) $25,000 unless a higher limit is shown in the veyance is in motion; or i ' Declarations for Inside the Premises for (2) During hitching or unhitching operations, or "money" and "securities"while: when a "trailer" becomes accidentally un- hitched from a motor vehicle or motorized (a) In or on the described premises; or conveyance. (b) Within a bank or savings institution; and PPB 301 WA 11 12 Page 9 of 10 / (2) $25.0OU unless a higher limit is shown inthe firmware and electronic backup facilities, in- Declarations fnr0uioidethoPremioex (or o|udin8 systems accessible through the in|erne(' � "mnnoy" and "necuri1ian'' while anywhere intranoto. exiranotsor virtual private networks. o|oo. "Communications | CommuninationnSupp|ySop�ueo" meansprope8y / 27. Employee Dishonesty supplying communication oomiooa, including tole- Section G. Optional Coverages, 2. Employee phone, radio, microwave or television services iothe � Dishonesty, paragraph u. io deleted and replaced described premises, such as: � with the following: a. Communication transmission lines, including � u. The most wo will pay for loss ur damage inany optic fiber transmission lines; one occurrence io %25'000 unless a higher Limit b. Coaxial cables, and ! / o[ Insurance for Employee Dishonesty inshown c. Microwave radio relays except satellites. � in the Declarations. "Fine � ��o" 28. Property Definitions: � a� Means p�nhnOs. etchings, pictures, nendoings. � The fo||ovvnVchanges are noud* toH. prope�y ar» i�eo�ura| mndo1o, �oposthaso� Q|oouwin- ! win- Definitions: � ' ' � Uowm, valuable rugs, statuary, marbles, bronzes, � "Electronic Vandalism" means any acts by persons, antique furniture, rare booku, antique silver, � other than ''omp|oynno", involving any nfthe porcelains, rare glass, bric'a-brac' and similar following: property with historical value, or artistic merit; z. Willful or malicious destruction uf computer pro- and � grams, content, instructions nr other electronic la. Does not mean any glass that is part nfo ur digital data stored within computer systems; building nrstructure. or " ^ Moadcnash means physical damage todisks, h. Unauthorized computer code urprogramming tapes, or hardware caused bya contact vfo|oc(no' | that: magnetic heads (which read ur write information, / (1) Deletes, distort vvithyuohdiukoortopo o' xorrup(� urmaniyo|o�v� tapes. computer programs, contents, instructions nr "Market value" means the price which the propnd*' other electronic or digital data, urotherwise might hu expected to realize i[ offered for sale ina, results in damage to computers orcomputer fair market. systems networks twhichi introduced; ynnrn»urnevvor000 "Power Supply Services" means the following types (2) Replicates itself, impairing the performance of property supplying electricity, steam nr gas 1othe of computers or computer systems; described premises: | (3) Gains remote control access to data and a. Utility generating plants; � programming within computers orcomputer ' b. Switching otaiions� systems or networks to which itiointro- ducod, for vuus other than those intended c. Substations; for authorized users uf the computers or d. Trnnuformorxand computer systems; or ' e. Transmission lines, � (4) Any other type nf computer virus, harmful "Trailers" code vrvinoi|orinoLruoUon introduced into or moan� (rai1or�' oomi�rui|ers. andpo8ab�o | enacted ona computer system (including nn demand storage shipping containers, � "electronic � dabs')' deoignedk) donlageor 10otorSupply Services" means the following types | destroy any part nf the system or disrupt its of property supplying water 10 the described normal operation, premises: Ax used in this definition, computer system a. Pumping stations; and � | means computer Uardwmneand "e|nx�onindu�a" ' � stored thereon, an well mu associated input and h. VVu1ermaino. output devices, terminal devices, data storage � devices, networking equipment, components, ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. � PPB8O1VVA11 12 Page 10or1V | � � � Policy Number: PSB0002093 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° ASBESTOS EXCLUSION :......... This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM-SECTION If- LIABILITY The following exclusion is added to B. Exclusions: b. "Property damage" in the course of removing asbestos, asbestos fibers or asbestos products. This insurance does not apply to 'bodily injury," "property damage," "personal and advertising injury," 4. Any loss, cost or expense arising out of any or medical payments arising out of: request, demand or order that any insured or others test for, monitor, clean up, remove, contain, 1. Asbestos, asbestos fibers or asbestos products or treat, detoxify or neutralize, or in any way respond to any obligation of the insured to indemnify to, or assess the effects of asbestos, asbestos another and/or contribute with another because of fibers,or asbestos products; or damages arising out of, or as a result of such "bodily injury,""property damage,""personal and advertising 5. Any loss, cost or expense arising out of any claim injury,"or medical payments; or"suit" by or on behalf of a governmental authority for damages, because of testing for, monitoring, 2. Any supervision, instructions, recommendations, cleaning up, removing, containing, treating, notices, warnings, testing, monitoring or advice detoxifying or neutralizing, or in any way given or which should have been given in responding to, or assessing the effects of asbestos, connection with the manufacturing, selling, renting, asbestos fibers, or asbestos products. consulting, removal, demolition, and/or distributing of asbestos, asbestos fibers or asbestos products In addition,we shall not be obligated to investigate,to pay or products or premises containing asbestos; any claim or judgment or to defend any "suit" for "bodily injury," "property damage," "personal and advertising 3. Removal of asbestos or products containing injury," or medical payments caused by, resulting from asbestos including: or arising out of asbestos, asbestos fibers or asbestos a. Cost of asbestos removal and replacement with products. other fire retardant materials; I I , I ............... ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 303 06 10 Page 1 of 1 I it Policy Number: PSB0002093 RLI Insurance Company Named Insured:Noel, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOW NERS COVERAGE FORM- SECTION II—LIABILITY 1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury", "property damage" or "personal and and we will not share with that other insurance, advertising injury" caused in whole or in part by you provided that: or those acting on your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement; or to you; or b. The "personal and advertising injury" for which c. In connection with "your work" and included coverage is sought arises out of an offense w committed after you have entered into that within the "product-completed operations contract or agreement. hazard". 4. The following is added to SECTION III K. 2 2. The insurance provided to the additional insured by Transfer of Rights of Recovery Against Others tc this endorsement is limited as follows: Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II — any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services", out of "your work" performed by you, or on your behalf, under a contract or agreement with that c. This endorsement does not increase any of the limits of insurance stated in Liability And person or organization. We waive these rights only Medical Expenses Limits of Insurance. where you have agreed do so as part of a w contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury" or"property damage"occurs, or the "personal (BUT APPLICABLE ONLY TO SECTION 11 — and advertising injury"offense is committed. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an I ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 i Policy Number: PSB0002093 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPacke BROADENED NAMED INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: I BUSINESSOWNERS COVERAGE FORM-SECTION II—LIABILITY BROADENED NAMED INSURED The Named Insured shown in the Declarations is amended as follows: I The person or organization named in the Declarations and any organization, other than a partnership, joint venture, limited liability company or trust, of which you are the sole owner or in which you maintain the majority ownership interest on the effective date of the policy. However,coverage for any such additional organization will cease as of the date, if any, during the policy period,that you no longer maintain the majority ownership interest. I I i I i i 'i ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 305 06 10 Page 1 of 1 i Policy Number: PSB0002093 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° DISCRIMINATION EXCLUSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM-SECTION II—LIABILITY The following exclusion is added to B. Exclusions: This insurance does not apply to "bodily injury," "property damage," "personal and advertising injury," or medical pay- ments arising out of discrimination based on, but not limited to, race, color, creed, sex, religion, age, weight, national origin,gender, handicap,familial preference, or sexual preference. i ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 307 06 10 Page 1 of 1 Policy Number: PSB0002093 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° LEAD EXCLUSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM-SECTION II—LIABILITY The following exclusion is added to B.Exclusions: 4. Any loss, cost or expense arising out of any This insurance does not apply to "bodily injury," request, demand or order that any insured or "property damage," "personal and advertising injury," or others test for, monitor, clean up, remove, contain, medical payments arising out of: treat, detoxify or neutralize, or in any way respond to, or assess the effects of lead; or I 1. The ingestion, inhalation or absorption of lead to 5. Any loss, cost or expense arising out of any claim or any form or to any obligation of the insured to "suit" by or on behalf of a governmental authority for indemnify another and/or contribute with another damages, because of testing for, monitoring, because of damages arising out of, or as a result of cleaning up, removing, containing, treating, such "bodily injury;' "property damage," "personal detoxifying or neutralizing, or in any way responding and advertising injury,"or medical payments; to, or assessing the effects of lead. 2. Any supervision, instructions, recommendations, In addition,we shall not be obligated to investigate,to pay notices, warnings, testing, monitoring or advice any claim or judgment or to defend any "suit" for "bodily given or which should have been given in in u ' connection with the manufacturing, selling, renting, try„ "Property damage; "personal and advertising consulting, removal, demolition and/or distributing of injury or medical payments caused by, resulting from or arisingg out of the ingestion, inhalation or absorption of lead or products or premises containing lead; lead in any form. 3. Removal of lead or products containing lead, including "property damage" in the course of removing lead; I j I. I, �I ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. I PPS 310 06 10 Page 1 of 1 I Policy Number: PSB0002093 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. RLIPack° FOR DESIGN PROFESSIONALS PROFESSIONAL SERVICES EXCLUSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM- SECTION II —LIABILITY 1. Section II B.1.j. Exclusions, Professional development or programming service, or Services is deleted and replaced by the following: selection of a contractor, subcontractor or j. Professional Services subconsultant; "Bodily injury", "property damage" or "personal c. Monitoring, testing, or sampling service nec- and advertising injury" arising out of the essary to perform any of the services included in rendering or failure to render any 'Professional a. or b. above. services". d. Legal, accounting or advertising services; 2. The following is added to Section 11 F. Liability and e. Medical, surgical, dental, x-ray or nursing Medical Expenses Definitions: services treatment, advice or instruction; "Professional services" means any service requiring f. Any health or therapeutic service treatment, specialized skill or training including but not limited advice or instruction; to the following: g. Any service, treatment, advice or instruction for a. Preparing, approving, or failing to prepare or the purpose of appearance or skin approve any map, shop drawing, opinion, report, enhancement, hair removal or replacement or, survey, field order, change order, design, personal grooming; drawing, specification, recommendation, permit h. Optometry or optical or hearing aid services application, payment request, manual or instruction; including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic b. Supervision, inspection, quality control, archi- lenses and similar products or hearing aid tectural, engineering or surveying activity or devices; service, job site safety, warning or failure to I. Body piercing services; and warn, construction contracting, construction administration, construction management, j. Services in the practice of pharmacy. computer consulting or design, software ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 312 06 10 Page 1 of 1 I Policy Number: PSB0002093 RLI Insurance Company Named Insured: Noel, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR PROFESSIONALS SCHEDULED ADDITIONAL INSURED ENDORSEMENT I' I This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM—SECTION 11—LIABILITY Schedule Name of Person(s)or Organization(s): as per schedule on file with agent I I 1. SECTION II C. Who Is An Insured is amended to primary basis, or a primary and non-contributory include as an additional insured the person or basis, this insurance is primary to other insurance organization shown in the schedule above, but only that is available to such additional insured which with respect to liability for "bodily injury", "property covers such additional insured as a named insured, damage" or "personal and advertising injury" and we will not share with that other insurance, caused in whole or in part by you or those acting on provided that: your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement; or to you; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense c. In connection with "your work" and included (II committed a within the "product-completed operations after you have entered into that contract or agreement. hazard". 4 2. The insurance provided to the additional insured by . The following is added to SECTION III K.2 Transfer this endorsement is limited follows: of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply to the rendering APPLICABLE TO SECTION I — PROPERTY AND of or failure to render any "professional SECTION 11— LIABILITY) services". We waive any rights of recovery we may have b. This endorsement does not increase any of the against any person or organization because of limits of insurance stated in D. Liability And payments we make for "bodily injury", "property Medical Expenses Limits of Insurance. damage" or "personal and advertising injury" arising 3. The following is added to SECTION III H.2. Other out of "your work" performed by you, or on your Insurance — COMMON POLICY CONDITIONS behalf, under a contract or agreement with that BUT APPLICABLE ONLY TO SECTION If person or organization. We waive these rights only ( — where you have agreed to do so as part of a LIABILITY) contract or agreement with such person or However, if you specifically agree in a contract or organization entered into by you before the "bodily agreement that the insurance provided to an injury" or"property damage" occurs, or the"personal additional insured under this policy must apply on a and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 313 02 12 Page 1 of 1 Policy Number: PSB0002093 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPacke FOR DESIGN PROFESSIONALS LIABILITY ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. First Aid And Good Samaritan Services B. Supplementary Payments C. Reasonable Force—Bodily Injury Or Property Damage D. Non-Owned Watercraft E. Canoes Or Rowboats F. Damage To Premises Rented To You G. Aircraft Chartered With Crew H. Electronic Data Liability I. Who Is An Insured—Newly Acquired Or Formed Organizations J. Who Is An Insured—Unnamed Partnership Or Joint Venture K. Additional Insured—Owner, Manager Or Lessor Of Premises Or Leased Equipment L. Additional Insured—State Or Political Subdivisions—Permits Related To Premises Or Operations M. General Aggregate Limit—Per Project Or Per Location N. Knowledge And Notice Of Occurrence Or Offense O. Amended Bodily Injury Definition P. Amended Insured Contract Definition—Construction Or Demolition Operations Within 50' Of Railroad Q. Amended Personal And Advertising Injury Definition—Electronic Material R. Unintentional Omission S. Waiver Of Transfer Of Rights Of Recovery Against Others To Us PPB 316 02 11 Page 1 of 7 This endorsement modifies insurance provided under the following: jUSINESSOWNERS COVERAGE FORM—SECTION II—LIABILITY AND SECTION III AS IT PERTAINS TO LIABILITY ONLY A. First Aid And Good Samaritan Services a. Expected or Intended Injury 1. The following is added to Section II A.I. "Bodily Injury" or "property damage" Business Liability Coverages expected or intended from the standpoint of the insured. This exclusion does not apply We will pay those sums that the insured to "bodily injury' or "property damage" becomes legally obligated to pay as damages resulting from the use of reasonable force to because of"bodily injury"arising out of either the protect persons or property. rendering of or failure to render, "First Aid" or "Good Samaritan Services" to any person. For D. Non-Owned Watercraft the purposes of this coverage grant, "First Aid" 1. Section II B.1.g. Exclusions, Aircraft, Auto Or or"Goad Samaritan Services" will be deemed to Watercraft Subparagraph (2) is deleted and meet the definition of "occurrence". For the replaced by the following: purposes of determining the applicable limits of insurance, any act or omission together with all (2) A watercraft you do not own that is: related acts or omissions in the rendering of "First Aid" or "Good Samaritan Services" to any (a) Up to seventy-five (75)feet Tong; and one person will be deemed one "occurrence" . (b) Not being used to carry persons or a. "First Aid" means initial care for medical property for a charge; attention immediately following a "bodily 2. Only as respects to the insurance provided by injury" this provision C. Who Is An Insured is b. "Good Samaritan Services" means medical amended to include as an insured any person attention provided in an emergency and for who, with your express consent uses the watercraft. which no remuneration is demanded or received. 3. The insurance provided by this provision shall be excess over any valid and collectible other 2. The insurance provided by this provision shall be excess over any valid and collectible other insurance available t insurance available to any insured whether primary, excess, contingent or on any other the insured, whether basis, except for the insurance purchased primary, excess, contingent or any other basis, specifically by you to apply in excess of the except for insurance purchased specifically by Limits of Insurance shown in the declarations for you to apply in excess of the limits of Insurance this Coverage Part. shown in the declarations for Business Liability. B. Supplementary Payments E. Canoes Or Rowboats The following is added to the exceptions contained Section II A.1.f. Coverage Extension — in Section II B.1.g. Exclusions, Aircraft, Auto Or Supplementary Payments Paragraphs 1.(b) and Watercraft: 1.(d) are deleted and replaced with the following: by (b) Up to $2,500 for the cost of bail bonds required (6) Any non-motorized canoe or rowboat owned the insured. Only as respects to the insurance ce because of accidents or traffic violations arising out of any vehicle to which Business Liability provided by this provision C. Who An Coverage for "bodily injury" applies. We do not Insured amended to include an insured have to furnish these bonds. any person who, with your express ss consent, uses any such canoe or rowboat. (d) All reasonable expenses incurred by the insured F. Damage to Premises Rented to You at our request to assist in the investigation or defense of the claim or "suit", including actual 1. The last paragraph of Section II B.I. loss of earnings up to $500 a day because of Exclusions — Applicable To Business time off work. Liability Coverage is deleted and replaced by C. Reasonable Force — Bodily Injury Or Property the following: Damage Section II B.1.a. Exclusions, Expected Or Intended Injury, is deleted and replaced by the following: PPB 316 02 11 Page 2 of 7 i Exclusions c.,d.,e.,f.,g.,h.,i.,k.,l,m.,n. and o, in "Electronic data" means information, facts or SECTION II — LIABILITY do not apply to programs stored as or on, created or used on, or damage by water, fire, explosion, lightning, or transmitted to or from computer software smoke resulting from fire to premises while (including systems and applications software); rented to you, or temporarily occupied by you hard or floppy disks, CD-ROMS, tapes, drives, with permission by the owner. A separate cells, data processing devices or any other Damage To Premises Rented To You Limit of media which are used with electronically Insurance applies to this coverage as described controlled equipment. in paragraph D. Liability And Medical Expenses Limits of Insurance in SECTION II— 3. For the purposes of the coverage provided by LIABILITY. this endorsement, Section If F. Liability And Medical Expenses Definitions, Paragraph 17. 2. Section 11 F.9.a. Liability And Medical is deleted and replaced by the following: Expenses Definitions, is deleted and replaced by the following: 17. "Property damage"means: a. A contract for a lease of premises. However, a. Physical injury to tangible property, that portion of the contract for a lease of including all resulting loss of use of that premises that indemnifies any person or property. All such loss of use shall be organization for damage by water, fire, deemed to occur at the time of the explosion, lightning, or smoke resulting from physical injury that caused it; fire to premises while rented to you or b. Loss of use of tangible property that is temporarily occupied by you with permission not physically injured. All such loss of of the owner is not an"insured contract"; use shall be deemed to occur at the 3. This provision does not apply if coverage for time of the "occurrence" that caused it; Damage To Premises Rented To You is or excluded by another endorsement to this policy. c. Loss of, loss of use of, damage to, G. Aircraft Chartered With Crew corruption of, inability to access, or in- 1. The following is added to the exceptions ability to properly manipulate "electronic data contained in Section 11 B.1.g. Exclusions, i resulting from physical injury to Aircraft, Auto or Watercraft: tangible property. All such Toss o "electronic data" shall be deemed t (6) Any non-owned aircraft chartered to you occur at the time of the "occurrence with a crew including a pilot, that caused it. 2. The insurance provided by this provision shall For the purposes of this insurance, be excess over any valid and collectible other "electronic data" is not tangible property. insurance available to the insured whether I Who Is An Insured — Newly Acquired Or Formed primary, excess, contingent or on any other basis, except for insurance purchased Organizations specifically by you to apply in excess of the The following is added to Section 11 C. Who Is An Limits of Insurance shown in Declarations. Insured: H. Electronic Data Liability Any organization you newly acquire or form, other 1. Section 11 B.1.q. Exclusions is deleted and than a partnership, joint venture or limited liability replaced by the following: company, over which you maintain ownership or majority interest, will qualify as a Named Insured if q. Electronic Data there is no other similar insurance available to that Damages arising out of the loss of, loss of organization. However: use of, damage to, corruption of, inability to 1. Coverage under this provision is afforded only access, or inability to manipulate "electronic until the one hundred eightieth (1801h) day after data" that does not result from physical you acquire or form the organization or the end injury to tangible property. of the policy period, whichever is earlier; 2. The following definition is added to Section 11 F. 2. Coverage does not apply for "bodily injury" or Liability And Medical Expenses Definitions: "property damage' that occurred before you acquired or formed the organization. PPB 316 02 11 Page 3 of 7 3. Coverage does not apply for "personal and (1) Only if the "bodily injury", "property dam- advertising injury" arising out of an offense age" or "personal and advertising injury committed before you acquired or formed the "is caused, in whole or in part, by you or organization. any person or organization performing operations on your behalf, and arises 4. This provision does not apply to any out of the ownership, maintenance or organization for which coverage is excluded by use of that part of any premises leased another endorsement to this policy. to you under that contract or agreement; J. Who Is An Insured — Unnamed Partnership Or or Joint Venture (2) The "bodily injury", "property damage"or 1. The last paragraph of Section II C. Who Is An "personal and advertising injury " is Insured: is deleted and replaced by the caused, in whole or in part, by you or following: any person or organization performing operations on your behalf, and arises No person or organization is an insured with out of the maintenance, operation or use respect to the conduct of any current or past of equipment leased to you by such partnership, joint venture or limited liability additional insured. ' company that is not shown as a Named Insured in the Declarations. However this limitation does 2. The insurance provided to such additional in- not apply to your liability with respect to your sured under this provision is subject to the conduct of the business of any current or past following: partnership or joint venture: a. The limits of insurance afforded to such additional insured shall be the limits which a. That is not shown as a Named Insured in the Declarations, and you agreed to provide in the contract or agreement, or the limits shown in the b. In which you are a member or partner but Declarations,whichever are less; and only if b. The insurance afforded to such additional (i) Each and every member or partner in insured does not apply: that joint venture or partnership is not a construction contractor, and (1) To any "bodily injury" or "property dam- age" that occurs, or "personal and (ii) The joint venture or partnership is not advertising injury" caused by an offense providing construction contracting committed, after you cease to be a services. tenant in that premises; 2. This provision does not apply to any person or (2) To any structural alterations, construe- organization for which coverage is excluded by lion or demolition operations performed another endorsement to this policy. by or on behalf of such additional 3. The insurance provided by this provision shall insured; be excess over any valid and collectible other (3) To any premises for which coverage is insurance, whether primary, excess, contingent excluded by another endorsement to or on any other basis, which is available this Coverage Part; covering your liability with respect to your conduct of the business of any current or past (4) To any "bodily injury" or "property dam- partnership or joint venture that is not shown as age" that occurs, or "personal and a Named Insured in the Declarations and which advertising injury" caused by an offense is issued to such partnership or joint venture. committed, after the equipment lease expires; or K. Additional Insured — Owner, Manager Or Lessor Of Premises Or Leased Equipment (5) If the equipment is leased with an operator. Section If C. Who Is An Insured is amended to include as an insured: 3. This provision does not apply on any basis to any person or organization for which coverage 1. Any person or organization that you have as an additional insured specifically is added by agreed in a contract or agreement to include as another endorsement to this policy. an additional insured on this policy, but: a. Only with respect to liability for"bodily injury" or "property damage" that occurs, or "personal and advertising injury" caused by an offense committed, after you have entered into that contract or agreement; and ii Page 4 of 7 PPB 316 02 11 II L. Additional Insured — State Or Political is twice the Liability and Medical Expenses Subdivisions — Permits Related To Premises Or limit. Operations The aggregate limit for all "bodily injury" and Section 11 C. Who Is An Insured is amended to "property damage", medical expenses and include as an insured: `personal and advertising injury" other than 1. Any state or political subdivision that has issued "bodily injury" or "property damage" included in the a permit in connection with premises awned or products-completed operations hazard" o applies separately to each of your "projects" occupied by, or rented or loaned to, you, but away from premises owned by or occupied by only with respect to "bodily injury", "property damage", "personal and advertising injury" You or to each of your "locations" owned by or arising out of the existence, ownership, use, occupied by you. maintenance, repair, construction, erection or "Projects' mean an area away from premises removal of advertising signs, awnings, canopies, owned by or rented to you at which you are cellar entrances, coal holes, driveways, performing operations pursuant to a contract or manholes, marquees, hoist away openings, agreement. For the purposes of determining the sidewalk vaults, elevators, street banners or applicable aggregate limit of insurance, each decorations for which that state or political "project" at the same "location' shall be subdivision has issued such permit. considered a single"project". 2. Any state or political subdivision that has issued For the purposes of this provision, "location" a permit, but only with respect to "bodily injury", means "property damage", "personal and advertising 1. premises involving the same or connecting injury" arising out of operations performed by ots, you or on your behalf for which that state or political subdivision has issued such permit. 2. premises where connection is interrupted However, no such state or political subdivision is only by a street, roadway, waterway or right- an insured for: of-way of a railroad; or i a. "Bodily injury", "property damage", "personal 3. premises where operations are performed in and advertising injury" arising out of op- sections, stages or phases as a continuation erations performed for that state or political of the same contract or agreement, even if: subdivision; or the premises do not involve connecting lots. b. "Bodily injury" or "property damage" Subject to Paragraph a. or b. above, whichever included within the "products-completed applies, the Damage To Premises Rented To operations hazard". You Limit is the most we will pay for damages M. General Aggregate Limit — Per Project Or Per because of "property damage" to any one Location premises, while rented to you, or in the case of fire; explosion; lightning; smoke resulting from Section 11 D. Liability And Medical Expenses such fire, explosion or lightning; or water while Limits of Insurance, Paragraph 4. Aggregate rented to you or temporarily occupied by you Limits. is deleted and replaced by the following: with permission of the owner. 4. Aggregate Limits The Limits of Insurance of SECTION II — The most we will pay for: LIABILITY apply separately to each consecutive annual period and to any remaining period of a. All "bodily injury" and "property damage" less than twelve (12) months, starting with the that is included in the "products-completed beginning of the policy period shown in the operations hazard" is twice the Liability and Declarations, unless the policy period is Medical Expenses limit. extended after issuance for an additional period of less than twelve (12) months. In that case, the b. All: additional period will be deemed part of the last (1) "Bodily injury" and "property damage" preceding period for purposes of determining the except damages because of "bodily in- Limits of Insurance, jury" or "property damage" included in N. Knowledge And Notice Of Occurrence Or the "products-completed operations Offense hazard"; The following is added to Section 11 E. 2. Liability (2) Plus medical expenses; and Medical Expenses General Conditions, (3) Plus all "personal and advertising injury" Duties In The Event of Occurrence, Offense,' caused by offenses committed; Claim Or Suit: PPB 316 02 11 Page 5 of 7 c Notice of an "occurrence" or of an offense which 3. The insurance provided by this provision shall may result in a claim must be given as soon as be excess over any valid and collectible Railroad practicable after knowledge of the "occurrence" or Protective Liability insurance available to an offense has been reported to you, one of your insured , whether primary, excess, contingent or "executive officers" (if you are a corporation), one of on any other basis, except for the insurance your partners who is an individual (if you are a purchased specifically by you to apply in excess partnership), one of your managers (if you are a of the Limits of Insurance shown in the limited liability company), one of your trustees who is declarations for this Coverage Part. an individual (if you are a trust), or an "employee" Q, Amended Personal And Advertising Injury (such as an insurance, loss control or risk manager Definition—Electronic Material or administrator) designated by you to give such notice. 1. The definition of "personal and advertising injury' in Section II F.14.d. Liability And Knowledge by any other "employee" of an "occur- Medical Expenses Definitions is deleted and rence" or offense does not imply that you also have replaced by the following: such knowledge. d. Oral, written or electronic publication, in any Notice of an "occurrence" or of an offense which manner, of material that slanders or libels a may result in a claim will be deemed to be given as person or organization or disparages a soon as practicable to us if it is given in good faith as person's or organization's goods, products soon as practicable to your workers' compensation, or services; accident, or health insurer. This applies only if you subsequently give notice of the "occurrence" or 2. The definition of "personal and advertising offense to us as soon as practicable after you, one injury" in Section It F.14.e. Liability And of your"executive officers" (if you are a corporation), Medical Expenses Definitions is deleted and one of your partners who is an individual (if you are replaced by the following: a partnership), one of your managers (if you are a e. Oral, written or electronic publication, in any limited liability company), one of your trustees who is manner, of material that violates a person's an individual (if you are a trust), or an "employee" right of privacy; (such as an insurance, loss control or risk manager or administrator) designated by you to give such 3. Section II BA.p.(2) Exclusions for Personal notice discovers that the "occurrence" or offense And Advertising Injury is deleted and replaced may involve this policy. by the following: O. Amended Bodily Injury Definition (2) Arising out of oral, written or electronic publication of material if done by or at the The definition of "bodily injury" in Section If F.3. direction of the insured with knowledge of its Liability And Medical Expenses Definitions is falsity; deleted and replaced by the following: "Bodily injury" means injury to the body, sickness, 4. Section II 6.1.p.(2) Exclusions for Personal And Advertising Injury is deleted and replaced disease, or death. "Bodily injury" also means mental by the following: injury, mental anguish, emotional distress, pain and suffering, or shock resulting from injury to the body, (3) Arising out of oral, written or electronic sickness, disease or death of any person. publication of material whose first publication took place before the beginning P. Amended Insured Contract Definition — of the policy period; Construction Or Demolition Operations Within 50' Of Railroad R. Unintentional Omission 1. The definition of"insured contract" in Section II The following is added to SECTION III — COMMON F.9.c. Liability And Medical Expenses POLICY CONDITIONS Paragraph C. Concealment, Definitions is deleted and replaced by the Misrepresentation Or Fraud (BUT APPLICABLE following: ONLY TO SECTION II — LIABILITY) C. Any easement or license agreement However as it pertains to Business Liability 2. The definition of"insured contract" in Section II Coverage only, the unintentional omission of, or .(1) Liability And Medical Expenses unintentional error in, any information provided by F.9.f you which we relied upon in issuing this policy shall Definitions is deleted. not prejudice your rights under this insurance, This provision does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. Page 6 of 7 PPB 316 02 11 I S. Waiver Of Transfer Of Rights Of Recovery b. Ongoing and completed operations Against Others To Us performed by you, or on your behalf, under a SECTION III — COMMON POLICY CONDITIONS contract or agreement with that person o, Paragraph K.2. Transfer of Rights of Recovery organization; Against Others to Us (BUT APPLICABLE ONLY c. Your"work"; or TO SECTION 11 — LIABILITY) is deleted and replaced by the following: d. "Your products". 2. Applicable to Business Liability Coverage: We waive these rights only where you have agreed to do so as part of a contract or agree- We waive any rights of recovery we may have ment entered into by you before the "bodily against any person or organization because of injury" or "property damage" occurs or the payments we make for "bodily injury", "property "personal and advertising injury" offense is damage", "personal injury and advertising injury' committed. arising out of: a. Premises owned by you, temporarily occu- pied by you with permission of the owner, or leased or rented to you; i ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 316 02 11 Page 7 of 7 Policy Number: PSB0002093 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® EQUIPMENT BREAKDOWN ENDORSEMENT This endorsement modifies insurance provided under the following: f' BUSINESSOWNERS COVERAGE FORM A. The following is added to Paragraph A.3. Covered (2) expedite permanent repairs or Causes Of Loss in SECTION I—PROPERTY: permanent replacement. Additional Coverage—Equipment Breakdown The most we will pay for loss or expense I, The term Covered Cause of Loss includes the under this coverage is$100,000. Additional Coverage Equipment Breakdown as b. Hazardous Substances described and limited below. We will pay for the additional cost to repair 1. We will pay for direct physical damage to or replace Covered Property because of Covered Property that is the direct result of an contamination by a "hazardous substance." "accident" As used in this Additional Coverage, This includes the additional expenses to "accident" means a fortuitous event that causes clean up or dispose of such property. direct physical damage to "covered equipment." This does not include contamination of The event must be one of the following: "perishable goods" by refrigerant, including a. mechanical breakdown, including rupture or but not limited to ammonia, which is bursting caused by centrifugal farce; addressed in 2.c.(1)(b) below. As used in this coverage, additional costs mean those b. artificially generated electrical, magnetic or electromagnetic energy, including electric beyond what would have been payable under this Equipment Breakdown Coverage arcing, that damages, disturbs, disrupts or had no "hazardous substance" been otherwise interferes with any electrical or involved. electronic wire, device, appliance, system or network; The most we will pay for loss, damage or expense under this coverage, including c. explosion of steam boilers, steam pipes, steam engines or steam turbines owned or actual loss of Business Income you sustain leased by you, or operated under your and necessary Extra Expense you incur, is $100,000. control; d. loss or damage to steam boilers, steam C. Spoilage pipes, steam engines or steam turbines (1) We will pay: caused by or resulting from any condition or (a) for physical damage to "perishable event inside such equipment; or goods" due to spoilage; I e. loss or damage to hot water boilers or other (b) for physical damage to "perishable water heating equipment caused by or goods" due to contamination from resulting from any condition or event inside the release of refrigerant, including such boilers or equipment. but not limited to ammonia; 2. The following coverages also apply to the direct (c) any necessary expenses you incur result of an "accident." These coverages do not to reduce the amount of loss under provide additional amounts of insurance. this coverage to the extent that they a. Expediting Expenses do not exceed the amount of loss that otherwise would have been With respect to your damaged Covered Property, we will pay the reasonable extra payable under this coverage. castle: (1) make temporary repairs; and i PPB 318WA 11 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 4 ' (2) If you are unable to replace the B. The following is added to Paragraph 8. Exclusions: "perishable goods" before its anticipated Equipment Breakdown Exclusions sale, the amount of our payment will be determined on the basis of the sales All exclusions in the Businessowners Coverage price of the "perishable goods' at the Form apply except as modified below and to the time of the "accident," less discounts extent that coverage is specifically provided by this and expenses you otherwise would Additional Coverage Equipment Breakdown. have had. Otherwise our payment will be determined in accordance with the 1. The following exclusions are modified: Loss Payment condition. a. The following is added to Exclusion B.1.g.: The most we will pay for loss, damage or However, if electrical "covered equipment" expense under this coverage is $100,000. requires drying out because of Water as d. Data Restoration described in g.(1) through g.(3) above, we will pay for the direct expenses of such We will pay for your reasonable and drying out subject to the applicable Limit of necessary cost to research, replace and Insurance and deductible for Building or restore lost"electronic data." Business Personal Property, whichever The most we will pay for loss or expense applies. under this coverage, including actual loss of b. As respects this endorsement only, the next Business Income you sustain and necessary to the last paragraph in Exclusion B.1.h. is Extra Expense you incur, is $100,000. deleted and replaced with the following: e. Service Interruption However, if excluded loss or damage, as (1) Any insurance provided for Business described in Paragraph (1) above results in Income, Extra Expense or Spoilage is an "accident," we will pay only for the loss, extended to apply to your loss, damage damage or expense caused by such or expense caused by the interruption of "accident." utility services. The interruption must c. As respects this endorsement only, the last result from an "accident" to equipment, paragraph of Exclusion B.2.I, is deleted and including overhead transmission lines, replaced with the following: that is owned by a utility, landlord, a landlord's utility or other supplier who But if an excluded cause of loss that is listed provides you with any of the following in 2.1.(1) through (7) results in an "accident," services: electrical power, waste we will pay for the loss, damage or expense disposal, air conditioning, refrigeration, caused by that"accident." heating, natural gas, compressed air, d. The following is added to Exclusions B.2.m. water, steam, internet access, and B.2.n.: telecommunications services, wide area networks or data transmission. The We will also pay for direct physical loss or equipment must meet the definition of damage caused by an "accident." "covered equipment" except that it is not 2. The following exclusions are added: Covered Property. a. We will not pay for loss, damage or expense (2) Service Interruption coverage will not caused by or resulting from: apply unless the failure or disruption of service exceeds twenty-four (24) hours (1) a hydrostatic, pneumatic or gas immediately following the"accident." pressure test of any boiler or pressure 3 The most we will a in an "one vessel, or an electrical insulation { ) pay Y breakdown test of any type of electrical accident" for loss, damage or expense equipment; or under this coverage is the applicable limit for Business Income, Extra (2) any of the following: Expense or Spoilage. (a) defect, programming error, program- f. Business Income and Extra Expense ming limitation, computer virus, malicious code, loss of data, loss of Any insurance provided under this policy for access, loss of use, loss of function- Business Income or Extra Expense is ality or other condition within or extended to the coverage provided by this involving "electronic data" of any endorsement. The most we will pay for loss kind; or or expense is the applicable limit for Business Income and Extra Expense. PPS 318WA 11 11 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 4 O b misalignment, miscalibration, trip- 3. Environmental, Safety and Efficiency ping off-line, or any condition which Improvements can be corrected by resetting, If "covered equipment" requires replacement tightening, adjusting or cleaning, or due to an "accident," we will pay your additional by the performance of maintenance. cost to replace with equipment that is better for However, if an "accident" results, we will the environment, safer or more efficient than the pay for the resulting loss, damage or equipment being replaced. expense caused by that"accident." However, we will not pay more than one b. With respect to Service Interruption cover- hundred twenty-five percent (125%) of what the age, we will also not pay for an "accident" cost would have been to replace with like kind caused by or resulting from: fire; lightning; and quality. This condition does not increase windstorm or hail; explosion (except as any of the applicable limits. This condition does specifically provided in A.1.c. above); not apply to any property to which Actual Cash smoke; aircraft or vehicles; riot or civil Value applies. commotion; vandalism; sprinkler leakage; D. The following definitions are added: failing objects; weight of snow, ice or sleet; freezing; collapse; flood or earth movement. 1. "Covered equipment" c. With respect to Business Income, Extra a. "Covered equipment" means Covered Expense and Service Interruption cover- Property: ages, we will also not pay for any increase in (1) that generates, transmits or utilizes loss resulting from an agreement between you and your customer or supplier. energy, including electronic communica- tions and data processing equipment; or d. We will not pay for any loss or damage to animals. (2) which, during normal usage, operates under vacuum or pressure, other than C. CONDITIONS the weight of its contents. The following conditions are in addition to the b. None of the following is "covered ' Conditions in the Businessowners Coverage Form. equipment": 1. Suspension (1) structure, foundation, cabinet, compart- Whenever "covered equipment" is found to be ment or air supported structure or in, or exposed to, a dangerous condition, any of building; our representatives may immediately suspend (2) insulating or refractory material; the insurance against loss from an "accident" to 3 sewer i in buried vessels orpiping, that "covered equipment." This can be done by ( ) pp g' mailing or delivering a written notice of or piping forming a part of a sprinkler or suspension to: fire suppression system; a, your last known address; or (4) water piping other than boiler feedwater piping, boiler condensate return piping b. the address where the "covered equipment" or water piping forming a part of a is located. refrigerating or air conditioning system; Once suspended in this way, your insurance can (5) "vehicle" or any equipment mounted on be reinstated only by an endorsement for that a "vehicle"; "covered equipment." If we suspend your (6) satellite, spacecraft or any equipment insurance, you will get a pro rata refund of mounted on a satellite or spacecraft; premium for that "covered equipment" for the period of suspension. But the suspension will be (7) dragline, excavation or construction effective even if we have not yet made or offered equipment; or a refund. (8) equipment manufactured by you for 2. Jurisdictional Inspections sale. If any property that is "covered equipment" 2. "Hazardous substance" means any substance under this endorsement requires inspection to that is hazardous to health or has been declared comply with state or municipal boiler and to be hazardous to health by a governmental pressure vessel regulations, we agree to agency. perform such inspection on your behalf. I PPB 318WA 11 11 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 3 of 4 i� 3. "One accident" means: If an initial "accident" However, any property that is stationary, causes other "accidents," all will be considered permanently installed at a covered location and "one accident." All "accidents" that are the result that receives electrical power from an external of the same event will be considered "one power source will not be considered a"vehicle." accident." The most we will pay for loss, damage or 4. "Perishable goods" means personal property expense under this endorsement arising from maintained under controlled conditions for its any "one accident" is the applicable Limit of preservation, and susceptible to loss or damage Insurance in the Declarations. Coverage if the controlled conditions change. provided under this endorsement does not 5. "Vehicle" means, as respects this endorsement provide an additional amount of insurance. only, any machine or apparatus that is used for transportation or moves under its own power. "Vehicle" includes, but is not limited to, car, truck, bus, trailer, train, aircraft, watercraft, forklift, bulldozer, tractor or harvester. i i ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 318WA 11 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 4 Policy Number: PSB0002093 RLI Insurance Company i' i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® GREEN PROPERTY ENDORSEMENT I I This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM-SECTION I—PROPERTY A. The following additional coverages are added: iii. Certification Fees And Related 1. Green Building Upgrades and Related Equipment Testing I„ Expenses a) We will pay fees imposed by the a. Paragraph E.5.d.(1) of the Loss Payment "Green standards-setter" in order to Property Loss Condition is amended to determine if certification or recerti- include Green Upgrades, meaning reason- fication is appropriate according to able additional costs and related expenses the organization's standard. described below to repair or replace lost or will pay your reasonable ex- damaged parts of Covered Buildings in the pe b) We wi winses to test building systems and event of covered direct physical loss or building equipment following their damage with materials and products that are repair or installation as replace- recognized by a "Green standards-setter" as meets, when such testing is under- "Green", subject to all applicable terms and conditions of this endorsement. Repair or taken in the course of submitting to the certification or recertification replacement of lost or damaged parts of the Covered Property is at our option. process. _ We will not pay for any further b modification . Related expenses include the following: c) modification if the building fails to i. Waste Reduction And Recycling obtain certification, recertification or We will pay your expense to: a specific level of certification. a) Reuse or salvage building materials; iv. Building Air-out And Related Air and Testing After repair or reconstruction is com- b) Extract and transport recyclable plated, we will pay your reasonable construction waste to appropriate expenses sites; expses to flush out the renovated space and/or conduct air quality testing but any income received as a result of of the renovated space in accordance such waste reduction and recycling re- with the recommended procedures of a duces the amount of loss that otherwise "Green standards-setter and for the would have been payable under this purpose of mitigating indoor air quality endorsement. deficiencies resulting from the repair or reconstruction. if. Design And Engineering Professional Fees c. The insurance provided under this We will pay reasonable and customary endorsement applies only if replacement fees for the services of an accredited cost valuation applies to the lost or damaged building. architect or engineer with respect to any necessary design and engineering d. In the event of a loss for which we determine recommendations in the course of repair that it is necessary to replace a building or replacement of damaged portions of component (such as a roof) or building the building. system (such as a heating system), such replacement it Pa e1of4 PPB 319 11 10 9 I. Is limited to replacement of the f. We will not pay any additional cost to repair damaged building component or system or replace damaged property solely for thel with a "Green" building component or purpose of achieving points toward system which serves the same primary certification or recertification of the property function as the damaged property; and by a "Green standards-setter". ii. Does not extend to modification or g. The following provisions, I. through iv., apply replacement of any other building com- to vegetated roofs: ponent or system. However, we may L With respect to the coverage provided pay to repair or replace property that is under this endorsement, lawns, trees, necessarily damaged or destroyed in the course of replacing the damaged shrubs and plants which are part of a building component or system. vegetated roof are deleted from Property Not Covered. For example, if your traditional roof if. The Coverage Extension — Outdoor sustains damage and we pay to replace Property does not apply to vegetated it with a vegetated roof, we would also roofs. pay to restore damaged electrical wiring, if any, that ran through the damaged !if. The Additional Coverage — Limited roof and supported the building's Coverage For "Fungi", Wet Rot Or Dry existing electrical power system. But in Rot does not apply to vegetated roofs. such case we would not pay to replace the electrical wiring with solar panels, iv. In addition to the exclusions that other- because the roof's primary function is wise apply to SECTION I—PROPERTY, not to generate energy or distribute under Paragraph B. Exclusions, we will electrical power. (In referring to costs we not pay for loss or damage to vegetated pay, this example assumes that such roofs caused by or resulting from: costs are within the amount payable as a) Dampness or dryness of atmos- otherwise determined under this phere or of soil supporting the endorsement.) vegetation; This paragraph AAA. reinforces the b) Changes in or extremes of policy's loss settlement provisions in the temperature; context of coverage for Green Upgrades, and is not meant to imply c) Disease; broader coverage for replacement of d) Frost or hail; or property other than building components or systems. e) Rain, snow, ice or sleet, whether driven by wind or not. e. We will not pay any additional cost, above the cost of a Green Upgrade, solely for the h. The most we will pay for the Green Building purpose of satisfying the minimum Upgrades and Related Expenses is requirements or recommended actions or determined by: standards of an ordinance or law that I. Multiplying the percentage shown in the regulates the repair, use or construction of a declarations; times building. However, we will not disallow the cost of a Green Upgrade on the sole basis if. The amount we would otherwise pay for that such upgrade also falls under the the direct physical loss of or damage to provisions of the ordinance or law. the building, prior to application of any applicable deductible. With respect to coverage for Green Upgrades under this endorsement, we will iii. However, the most we will pay for the not pay any cost that is actually paid in loss additional cost incurred in any one settlement under another coverage, occurrence, regardless of the number of including but not limited to the Ordinance Or described premises involved, is $25,000 Law Coverage Endorsement or Increased unless a higher Limit of Insurance is Cost Of Construction Additional Coverage. shown in the declarations. PPB 319 11 10 Page 2 of 4 2. Green Business Personal Property Upgrades D. The insurance provided under this endorsement a. Paragraph E.5.d.(1) of the Loss Payment does not apply to any of the following: Property Loss Condition is amended to 1. Any building or business personal property in a include Green Upgrades meaning reason- building that that has been "vacant" for more able additional costs to repair or replace than sixty (60) days. Business Personal Property, in the event of 2. Any property covered under the Newly Acquired covered direct physical loss or damage, with or Constructed Property additional coverage. materials and products that are recognized by a "Green standards-setter" as "Green", E. We will not pay under this endorsement for the costs subject to all applicable terms and associated with enforcement of or conformance to conditions of this endorsement. Repair or any standard which: replacement of lost or damaged parts of the 1. Requires the demolition, repair, replacement, Covered Property is at our option. reconstruction, remodeling or remediation of b. With respect to business personal property, property due to contamination by "pollutants" or Green Upgrade Coverage does not apply to: due to the presence, growth, proliferation, I. Personal property of others; spread or any activity of "fungi", wet rot or dry rot; ii. The Coverage Extension for Personal Effects; 2. Requires any insured or others to test for, monitor, clean up, remove, contain, treat, iii. Leased personal property; or detoxify or neutralize, or in any way respond to, iv. "Stock". or assess the effects of"pollutants", "fungi", wet of or dry rot. However, this Paragraph, E.2., �I c. The most we will pay for the Green Business does not negate the coverage set forth in Personal Property Upgrades is determined Building Air-out And Related Air Testing, by: provided such coverage applies;or i. Multiplying the percentage shown in the 3. You were required to comply with before the declarations; times loss (even if the property was undamaged) and you failed to comply. ii. The amount we would otherwise pay for the direct physical loss of or damage to F. If you elect not to make a Green Upgrade in the the building, prior to application of any course of necessary repair or replacement of the applicable deductible. property that has sustained loss or damage, we will iii. However, the most we will pay for the settle the loss to such property in accordance with the applicable terms and conditions of this policy additional cost incurred in any one excluding this endorsement. occurrence, regardless of the number of described premises involved, is $25,000 G. Business Interruption unless a higher Limit of Insurance is The following provision applies only to the Additional shown in the declarations. Coverages for Business Income (including Extended B. We will not pay under this endorsement unless the Business Income) and Extra Expense: property is actually repaired or replaced at the same The "period of restoration" is extended to include or another premises, and unless the repairs or the increased period of time attributable to the (' replacement are made as soon as reasonably coverage described in Paragraph A.1. and/or possible after the loss or damage, not to exceed one Paragraph A.2. Such extension is limited to thirty year. If the property is being relocated to another (30) days. However this provision does not premises, the most we will pay for Green Upgrades increase the amount of coverage available based is the cost of Green Upgrades at the original on the applicable Business Income and Extra premises, subject to all other terms and conditions of Expense provision shown in the declarations. this endorsement. H. Definitions We may extend the one-year period in writing during the one year after the loss or damage. As used in this endorsement C. The insurance provided under this endorsement 1. "Green standards-setter" means an organization applies only If replacement cost valuation applies to or governmenlal agency which produces and the lost or damaged Building or Business Personal maintains guidelines related to Green products Property. and practices. Green standards-setters include but are not limited to: PPB 319 11 10 Page 3 of 4 is 'i a. The Leadership in Energy and Environ- 2. "Green" means enhanced energy efficiency or mental Design (LEEDO) program of the U.S. use of environmentally-preferable, sustainable ' Green Building Council; materials, products or methods in design, b. ENERGY STAR, a joint program of the U.S. construction, manufacture or operation, as Environmental Protection Agency and the recognized by a "Green standards-setter". U.S. Department of Energy; and c. Green GlobesTM, a program of the Green Building Initiative. i i ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 319 11 10 Page 4 of 4 Policy Number: PSB0002093 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° HIRED AUTO AND NON-OWNED AUTO LIABILITY This endorsement modifies insurance provided under the following: 'I BUSINESSOWNERS COVERAGE FORM Schedule Coverage Additional Premium Limit of Insurance A. Hired Auto Liability $ 60 $ 1,000,000 Per Occurrence B. Non-owned Auto Liability $ Included $ 1,000,000 Per Occurrence Ili A. Insurance is provided only for those coverages for (2) The spouse, child, parent, brother or which a specific premium charge is shown in the sister of that "employee" as a conse- �i Declarations or in the Schedule. quence of Paragraph (1)above. 1. Hired Auto Liability This exclusion applies: The insurance provided under Paragraph A.I. (1) Whether the insured may be liable as an Business Liability in SECTION II — LIABILITY employer or in any other capacity; and applies to "bodily injury" or "property damage" (2) To any obligation to share damages with arising out of the maintenance or use of a "hired or repay someone else who must pay auto" by you or your "employees" in the course damages because of injury. of your business. This exclusion does not apply to: 2. Non-owned Auto Liability (1) Liability assumed by the insured under The insurance provided under Paragraph A.1. an "insured contract"; or Business Liability in SECTION II — LIABILITY i applies to "bodily injury" or "property damage" (2) "Bodily injury" arising out of and in the arising out of the use of any"non-owned auto" in course of domestic employment by the your business by any person. insured unless benefits for such injury are in whole or in part either payable or B. For insurance provided by this endorsement only: required to be provided under any work- 1. The exclusions under Paragraph BA. Appli- ers' compensation law. cable To Business Liability Coverage in b. "Properly damage" to: SECTION II — LIABILITY, other than Exclusions a., b., d., f. and i. and the Nuclear Energy (1) Property owned or being transported by, Liability Exclusion, are deleted and replaced or rented or loaned to the insured; or by the following: (2) Property in the care, custody or control a. "Bodily injury"to: of the insured. (1) An "employee" of the insured arising out 2. Paragraph C. Who Is An Insured in SECTION of and in the course of: II — LIABILITY is replaced for the purposes of this endorsement by the following: (a) Employment by the insured; or (b) Performing duties relaled to the 1. Each of the following t i considered an conduct of the insured's business; insured to the extent that it s: a. You, , Page 1 of 2 PPB 321 11 10 Policy Number: PSB0002093 RLI Insurance Company b. Any other person using a "hired auto" C. Limit of Insurance with your permission; The Limit of Insurance under this endorsement is c. For a "non-owned auto": shown in the schedule above. The Limit of Insurance (1) Any partner or "executive officer' of will apply separately to each "occurrence" resulting from Hired Auto Liability or Non-owned Auto yours; or Liability. For Hired Auto Liability and Non-owned (2) Any"employee" of yours; Auto Liability covered by this endorsement, the Limit but only while such "non-owned auto" is of Insurance is the most we will pay for the total of all being used in your business; and damages resulting from any one "occurrence" regardless of the number of: d. Any other person or organization, but a. Insureds; only for their liability because of acts or omissions of an insured under a., b. or b. "Autos"; c.above. c. Claims that are made or"suits"that are brought; However, none of the following is an or insured: d. Persons or organizations making claims or a. Any person engaged in the business of bringing "suit". his or her employer for "bodily injury" to D. For the purposes of this endorsement only, Para- any co-"employee" of such person in- graph H. Other Insurance in SECTION III — COM- jured in the course of employment, or to MON POLICY CONDITIONS is replaced by the the spouse, child, parent, brother or sis- following: ter of that co-"employee" as a conse- quence of such "bodily injury", or for any This insurance is excess over any other valid and obligation to share damages with or re- collectible insurance, whether primary or excess, pay someone else who must pay dam- covering the"hired auto"or"non-awned auto". ages because of the injury; E. The following additional definitions apply: b. Any partner or"executive officer"for any 1. Auto business" means the business or occu- "auto" owned by such partner or officer pation of selling, repairing, servicing, storing or or a member of his or her household; parking "autos". C. Any person while employed in or 2. "Hired auto" means any "auto" you lease, hire, otherwise engaged in duties in connection with an "auto business", rent or borrow. This does not include any "auto' other than an "auto business" you you lease, hire, rent or borrow from any of your operate; "employees", your partners or your "executive officers"or members of their households. d. The owner or lessee (of whom you are a 3. "Non-owned auto" means any "auto" you do not sublessee) of a "hired auto" or the own, lease, hire, rent or borrow which is used in owner of a "non-owned auto" or any connection with your business. This includes agent or "employee" of any such owner "autos" owned by your "employees", your or lessee; or partners or your "executive officers", or e. Any person or organization for the con- members of their households, but only while duct of any current or past partnership used in your business or your personal affairs. or joint venture that is not shown as a Named Insured in the Declarations. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 321 11 10 Page 2 of 2 BUSINESSOWNERS BP 05 01 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM I . The following is added: The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal, continuation, or anniversary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. l I I it I I i i ( i i ill BP'05 01 07 02 ©ISO Properties, Inc., 2001 Page 1 of 1 ❑ POLICY NUMBER: PSB0002093 BUSINESSOWNERS BP 05 15 01 08 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE Terrorism Premium (Certified Acts) $ Additional information, if any, concerning the terrorism premium: i I Information required to complete this Schedule, if not shown above,will be shown in the Declarations. i A. Disclosure Of Premium C. Cap On Insurer Participation In Payment Of In accordance with the federal Terrorism Risk In- Terrorism Losses surance Act, we are required to provide you with a If aggregate insured losses attributable to terrorist notice disclosing the portion of your premium, if acts certified under the Terrorism Risk Insurance any, attributable to coverage for terrorist acts certi- Act exceed $100 billion in a Program Year (Janu- fied under the Terrorism Risk Insurance Act. The ary 1 through December 31) and we have met our portion of your premium attributable to such cov- insurer deductible under the Terrorism Risk Insur- erage is shown in the Schedule of this endorse- ance Act, we shall not be liable for the payment of ment or in the policy Declarations. any portion of the amount of such losses that ex- B. Disclosure Of Federal Participation In Payment ceeds $100 billion, and in such case insured Of Terrorism Losses losses up to that amount are subject to pro rate al- location in accordance with procedures estab- The United States Government, Department of the lished by the Secretary of the Treasury. Treasury, will pay a share of terrorism losses in- sured under the federal program. The federal share equals 85% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However, if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 bil- lion in a Program Year (January 1 through De- cember 31), the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion. BP 05 15 01 08 © ISO Properties, Inc., 2007 Page 1 of 1 ❑ BUSINESSOWNERS BP 05 17 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - SILICA OR SILICA-RELATED DUST This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM :.............. it A. The following exclusion is added to Paragraph B. 4. Any loss, cost or expense arising, in whole Exclusions in Section 11—Liability: or in part, out of the abating, testing for, B. Exclusions monitoring, cleaning up, removing, contain- ng, treating, detoxifying, neutralizing, reme- This insurance does not apply to: diating or disposing of, or in any way re- SILICA OR SILICA-RELATED DUST sponding to or assessing the effects of, 1. "Bodilyinjury" arising, p "silica" or "silica-related dust", by any in ' ry' g, in whole or in art, out sured or by any other person or entity. of the actual, alleged, threatened or sus- pected inhalation of, or ingestion of, "silica" B. The following definitions are added to Paragraph or"silica-related dust". F. Liability And Medical Expenses Definitions in 2. "Property damage" arising, in whole or in Sectionll—Liability: part, out of the actual, alleged, threatened 1. "Silica" means silicon dioxide, (occurring in or suspected contact with, exposure to, ex- crystalline, amorphous and impure forms), sil- istence of, or presence of, "silica" or "silica- ica particles, silica dust or silica compounds. related dust". 2. "Silica-related dust" means a mixture or combi- _ 3. "Personal and advertising injury" arising, in nation of silica and other dust or particles. whole or in part, out of the actual, alleged, i threatened or suspected inhalation of, in- gestion of, contact with, exposure to, exis- tence of, or presence of, "silica" or 'silica- related dust". I I i I �I I i BP 05 17 01 06 ©ISO Properties, Inc., 2005 Page 1 of 1 ❑ 1 i BUSINESSOWNERS BP 05 23 01 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. i CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM A. The following provisions are added to the Busi- If aggregate insured losses attributable to terrorist nessowners Policy and apply to Property and Li- acts certified under the Terrorism Risk Insurance ability Coverages: Act exceed $100 billion in a Program Year (Janu- CAP ON CERTIFIED TERRORISM LOSSES ary 1 through December 31) and we have met our insurer deductible under the Terrorism Risk Insur- "Certified act of terrorism" means an act that is ance Act, we shall not be liable for the payment of certified by the Secretary of the Treasury, in con- any portion of the amount of such losses that ex- currence with the Secretary of State and the Attor- ceeds $100 billion, and in such case insured ney General of the United States, to be an act of losses up to that amount are subject to pro rata al- terrorism pursuant to the federal Terrorism Risk location in accordance with procedures estab- Insurance Act. The criteria contained in the Terror- lished by the Secretary of the Treasury. ism Risk Insurance Act for a "certified act of terror- ism" include the following: B. The following provision is added to Businessown- ers Standard Property Coverage Form BP 00 01, 1. The act resulted in insured losses in excess of Businessowners Special Property Coverage Form $5 million in the aggregate, attributable to all BP 00 02 or Section I — Property of Busines- types of insurance subject to the Terrorism sowners Coverage Form BP 00 03: -" Risk Insurance Act; and APPLICATION OF OTHER EXCLUSIONS 2. The act is a violent act or an act that is dan- gerous to human life, property or infrastructure The terms and limitations of any terrorism exclu- and is committed by an individual or individuals sion, or the inapplicability or omission of a terror- as part of an effort to coerce the civilian popu- ism exclusion, do not serve to create coverage for lation of the United States or to influence the any loss which would otherwise be excluded under policy or affect the conduct of the United States this Coverage Form or Policy, such as losses ex- Government by coercion. cluded by the Nuclear Hazard Exclusion or the War And Military Action Exclusion. BP 05 23 01 08 ©ISO Properties, Inc., 2007 Page 1 of 1 ❑ POLICY NUMBER:PSB0002093 BUSINESSOWNERS SP 05 64 0107 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONDITIONAL EXCLUSION OF TERRORISM (RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE I The Exception Covering Certain Fire Losses (Paragraph B.2.) applies to property located in the following states : i ' I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section I — Property and Section II — Liability (2) A renewal, extension or replacement are amended as follows: of the Program has become effective 1. Applicability Of The Provisions Of This without a requirement to make terror- Endorsement ism coverage available to you and with revisions that: a. The provisions of this endorsement become applicable commencing on the (a) Increase our statutory percentage Program forctible under the Pro du g date when any one or more of the follow- de j (That deductible losses. ing first occurs. But if your policy terror i (meaning the policy period in which this determines the amount of all certi- endorsement applies) begins after such fled terrorism losses we must pay date, then the provisions of this en- in a calendar year, before the fed- dorsement become applicable on the eral government shares in subse- date your policy begins, quent payment of certified terror. (1) The federal Terrorism RiskInsurance ism losses.); or Program ("Program"), established by (b) Decrease the federal govern- the Terrorism Risk Insurance Act, ment's statutory percentage share has terminated with respect to the in potential terrorism losses type of insurance provided under this above such deductible; or Coverage Form; or ' I it i i BP 06 64 01 07 ©ISO Properties, Inc., 2006 Page 1 of 4 ❑ (c) Redefine terrorism or make insur- B. Section I—Property is amended as follows: ance coverage for terrorism sub- 1. The following exclusion is added: ject to provisions or requirements that differ from those that apply to EXCLUSION OF TERRORISM other types of events or occur- We will not pay for loss or damage caused di- rences under this policy. rectly or indirectly by "terrorism", including ac- b. If the provisions of this endorsement tion in hindering or defending against an actual become applicable,such provisions: or expected incident of "terrorism". Such loss or damage is excluded regardless of any other (1) Supersede any terrorism endorse- cause or event that contributes concurrently or ment already endorsed to this policy in any sequence to the loss. But this exclusion that addresses "certified acts of ter- applies only when one or more of the following rorism" and/or 'other acts of terror- are attributed to an incident of"terrorism": ism", but only with respect to loss or injury or damage from an incident(s) a. The "terrorism" is carried out by means of of terrorism (however defined) that the dispersal or application of radioactive occurs on or after the date when the material, or through the use of a nuclear provisions of this endorsement be- weapon or device that involves or produces come applicable; and a nuclear reaction, nuclear radiation or ra- (2) Remain applicable unless we notify dioactive contamination; or you of changes in these provisions, b. Radioactive material is released, and it in response to federal law. appears that one purpose of the "terrorism" was to release such material; or c. If the provisions of this endorsement do NOT become applicable, any terrorism c. The "terrorism" is carried out by means of endorsement already endorsed to this the dispersal or application of pathogenic or policy, that addresses "certified acts of poisonous biological or chemical materials; terrorism" and/or "other acts of terror- or ism", will continue in effect unless we d. Pathogenic or poisonous biological or notify you of changes to that endorse- chemical materials are released, and it ap- ment in response to federal law. pears that one purpose of the "terrorism" 2. The following definition is added and applies was to release such materials; or , under this endorsement wherever the term ter- e. The total of insured damage to all types of rorism is enclosed in quotation marks, property in the United States, its territories "Terrorism" means activities against persons, and possessions, Puerto Rico and Canada organizations or property of any nature: exceeds $25,000,000. In determining whether the $25,000,000 threshold is ex- a. That involve the following or preparation for ceeded, we will include all insured damage the following: sustained by property of all persons and en- (1) Use or threat of force or violence; or tities affected by the "terrorism" and busi- (2) Commission or threat of a dangerous ness interruption losses sustained by own- act; or ers or occupants of the damaged property. For the purpose of this provision, insured (3) Commission or threat of an act that damage means damage that is covered by interferes with or disrupts an electronic, any insurance plus damage that would be communication, information, or me- covered by any insurance but for the appli- chanical system; and cation of any terrorism exclusions. Multiple b. When one or both of the following applies: incidents of"terrorism" which occur within a (1) The effect is to intimidate or coerce a 72-hour period and appear to be carried out government or the civilian population or in concert or to have a related purpose or any segment thereof, or to disrupt any common leadership will be deemed to be segment of the economy; or one incident, for the purpose of determining whether the threshold is exceeded. (2) It appears that the intent is to intimidate or coerce a government, or to further political, ideological, religious, social or economic objectives or to express (or express opposition to) a philosophy or ideology. Page 2 of 4 © ISO Properties, Inc., 2006 BP 05 64 01 07 ❑ With respect to this Item 1.e., the immedi- 2. The following exclusion is added: ately preceding paragraph describes the EXCLUSION OF TERRORISM threshold used to measure the magnitude of an incident of"terrorism" and the circum- We will not pay for "any injury or damage" stances in which the threshold will apply, for caused directly or indirectly by "terrorism', in- the purpose of determining whether this eluding action in hindering or defending against Exclusion will apply to that incident. When an actual or expected incident of "terrorism". the Exclusion applies to an incident of"ter- "Any injury or damage" is excluded regardless rorism", there is no coverage under this of any other cause or event that contributes Coverage Form. concurrently or in any sequence to such injury or damage. But this exclusion applies only 2. Exception Covering Certain Fire Losses when one or more of the following are at- The following exception to the Exclusion Of tributed to an incident of"terrorism": Terrorism applies only if indicated and as indi- a. The "terrorism" is carried out by means of cated in the Schedule of this endorsement. the dispersal or application of radioactive If "terrorism" results in fire, we will pay for the material, or through the use of a nuclear loss or damage caused by that fire, subject to weapon or device that involves or produces all applicable policy provisions including the a nuclear reaction, nuclear radiation or ra- Limit of Insurance on the affected property. dioactive contamination; or Such coverage for fire applies only to direct b. Radioactive material is released, and it loss or damage by fire to Covered Property appears that one purpose of the "terrorism" Therefore, for example, the coverage does not was to release such material; or apply to insurance provided under Business Income and/or Extra Expense coverages or c. The "terrorism" is carried out by means of endorsements that apply to those coverages. the dispersal or application of pathogenic or poisonous biological or chemical materials; 3. Application Of Other Exclusions or a. When the Exclusion Of Terrorism applies in d. Pathogenic or poisonous biological or accordance with the terms of Paragraph chemical materials are released, and it ap- 1.a. or 1.b., such exclusion applies without pears that one purpose of the "terrorism" regard to the Nuclear Hazard Exclusion in was to release such materials; or this Coverage Form. e. The total of insured damage to all types of b. The terms and limitations of any terrorism property exceeds $25,000,000. In determin- exclusion, or the inapplicability or omission ing whether the $25,000,000 threshold is of a terrorism exclusion, do not serve to exceeded, we will include all insured dam- create coverage for any loss or damage age sustained by property of all persons which would otherwise be excluded under and entities affected by the "terrorism" and this Coverage Form as losses excluded by business interruption losses sustained by the Nuclear Hazard Exclusion or the War owners or occupants of the damaged prop- And Military Action Exclusion, erty. For the purpose of this provision, in- C. Section II—Liability is amended as follows: sured damage nleans damage that is cov- 1. The following definition is added and applies ered by any insurance plus damage that under this endorsement wherever the phrase would be covemd by any insurance but far any injury or damage, is enclosed in quotation the application or any terrorism exclusions; or marks: "Any injury or damage" means any injury or f. Fifty or more persons sustain death or damage covered under this Coverage Form or serious physical injury. For the purposes of any applicable endorsement, and includes but this provision, serious physical injury is not limited to "bodily injury', 'property dam- means: age" or "personal and advertising injury", as (1) Physical injury that involves a substan- may be defined under this Coverage Form or tial risk of death; or any applicable endorsement. (2) Protracted and obvious physical disfig- urement; or r it i i BP 06 64 01 07 O ISO Properties; Inc., 2006 Page 3 of 4 ❑ (3) Protracted loss of or impairment of the With respect to this Exclusion, Paragraphs 2.e. function of a bodily member or organ. and 2.f. describe the threshold used to meas- Multiple incidents of 'terrorism" which occur ure the magnitude of an incident of"terrorism" within a 72-hour period and appear to be car- and the circumstances in which the threshold ried out in concert or to have a related purpose will apply, for the purpose of determining or common leadership will be deemed to be whether this Exclusion will apply to that inci- one incident, for the purpose of determining dent. When the Exclusion applies to an inci- whether the thresholds in Paragraph 2.e. or 2.f. dent of'terrorism", there is no coverage under are exceeded. this Coverage Form. In the event of any incident of"terrorism"that is not subject to this Exclusion, coverage does not apply to "any injury or damage" that is oth- erwise excluded under this Coverage Form. i I Page 4 of 4 0 ISO Properties, Inc., 2006 BP 05 64 0107 ❑ BUSINESSOWNERS BP 01 06 07 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM A. Section I—Property is amended as follows: (4) Earth sinking (other than sinkhole collapse), using or shifting including soil 1. Paragraphs a. and h. under A.2. Property Not conditions which cause settling, Covered are replaced by the following: cracking or other disarrangement of a. Aircraft, automobiles or motortrucks; and foundations or other parts of realty. Soil any other vehicle if such vehicle is subject conditions include contraction, to licensing requirements; expansion, freezing, thawing, erosion, In "Computer(s)" which are permanently improperly compacted soil and the installed or designed to be permanently action of water under the ground installed in any aircraft, watercraft, surface, motortruck or other vehicle subject to But if Earth Movement, as described in s. This paragraph 1 through 4 above results in licensing requirements. p g p Paragraphs hs ( ) g ( } g q s " while held g p we will a for the loss or does not apply to "compute { ) fire or explosion, pay as"stock". damage caused by that fire or explosion. 2. In the sections titled Covered Causes Of Loss (5) Volcanic eruption, explosion or effusion. or Exclusions, any introductory paragraph But if volcanic eruption, explosion or preceding an exclusion or list of exclusions is effusion results in fire, building glass replaced by the following paragraph, which breakage or volcanic action, we will pay pertains to application of those exclusions: for the loss or damage caused by that We will not pay for loss or damage caused by fire, building glass breakage or volcanic any of the excluded events described below. action. Loss or damage will be considered to have (a) Volcanic Action means direct loss or been caused by an excluded event if the damage resulting from the eruption occurrence of that event of a volcano when loss or damage is a. Directly and solely results in loss or caused by: damage; or (i) Volcanic blast or airborne shock b. Initiates a sequence of events that results in waves; or loss or damage, regardless of the nature of (ii) Ash, dust or particulate matter. any intermediate or final event in that With respect to coverage for volcanic sequence. action as set forth in (5)(a)(1) and 3. Paragraph B.1.b. Earth Movement Exclusion (5)(a)(ii), all volcanic eruptions that is replaced by the following: occur within any 168-hour period will b. Earth Movement constitute: a single occurrence. (1) Earthquake, including tremors and Volcanic Action does not provide aftershocks and any earth sinking, rising coverage for damage to: or shifting related to such event; i. Land; (2) Landslide, including any earth sinking, ii. Property in the open or in rising or shifting e'aied to such event; open sheds; or (3) Mine subsidence, meaning subsidence iii. Portions of buildings not of a man-made mine, whether or not completely enclosed, or !I mining activity has ceased; personal property contained within those buildings. BP 01 06 07 13 O Insurance Services Office, Inc., 2012 Page 1 of 7 (b) Direct loss includes the cost to: 4. Paragraph B.1.g. Water Exclusion is replaced (i) Remove the ash, dust or by the following: particulate matter from the g. Water interior and exterior surfaces of (1) Flood, surface water, waves (including the covered building; and tidal wave and tsunami), tides, tidal (ii) Clean equipment and stock. If water, overflow of any body of water, or stock cannot be returned to its spray from any of these, all whether or state before the volcanic not driven by -wind (including storm eruption, the measure of loss will surge); be the reduction in actual cash (2) Mudslide or mudflow; value. Payment for removal applies only to (3) Water that backs up or overflows or is the initial deposit ash, dust or otherwise discharged from a sewer, drain, sump, sump pump or related particulate matter following a equipment; volcanic eruption. Subsequent deposits arising from the movements (4) Water under the ground surface of volcanic dust or ash by wind or pressing on, or flowing or seeping other means are not covered. through: The following applies to the (a) Foundations, walls, floors or paved Business Income and Extra surfaces; Expense Additional Coverages only: (b) Basements, whether paved or not;or The "period of restoration" arising (c) Doors, windows or other openings; from the need for removal is the time or necessary to remove the matter (5) Waterborne material carried or described with reasonable speed otherwise moved by any of the water from the Covered Property. referred to in Paragraph (1), (3) or (4), (c) Volcanic Action does not include loss or material carried or otherwise moved caused by, resulting from, by mudslide or mudflow. contributed to or aggravated by: This exclusion applies if any of the above, in (1) Fire; Paragraphs (1) through (5): (ii) Explosion; (1) Occurs independently; (ill) Flood, surface water, waves (i1) Is caused by an act of nature; (including tidal wave and (ill) Is caused by an act or omission tsunami), tides, tidal water, of humans or animals; or overflow of any body of water, or spray from any of these, all (iv) Is attributable to the failure, in whether or not driven by wind whole or in part, of a dam, levee, (including storm surge); or seawall or other boundary or (iv) Earth movement, including but containment system. not limited to earthquake, But if any of the above, in Paragraphs (1) volcanic eruption, landslide, mine through (5), results in fire, explosion or subsidence, lava flow, mudflow, sprinkler leakage, we will pay for the loss or earth sinking, earth rising or damage caused by that fire, explosion or shifting. sprinkler leakage. This exclusion applies if any of the above, 5. Paragraph B.2.1. Other Types Of Loss in Paragraphs (1)through (5): Exclusion is replaced by the following: (a) Occurs independently; 1. Other Types Of Loss (b) Is caused by an act of nature; or (1) Wear and tear; (c) Is caused by an act or omission of (2) Rust or other corrosion, decay, humans or animals. deterioration, hidden or latent defect or any quality in property that causes it to damage or destroy itself; (3) Smog; Page 2 of 7 ©Insurance Services Office, Inc., 2012 BP 0106 07 13 (4) Settling, cracking, shrinking or (2) A weather condition which results In expansion; the failure of power communication, (5) Nesting or infestation, or discharge or water or other utility service supplied release of waste products or secretions, to the described premises, if the failure: by insects, birds, rodents or other animals; (a) Originates away from the (6) Mechanical breakdown, including described premises; or rupture or bursting caused by centrifugal (b)Originates at the described force. premises, but only if such failure This exclusion does not apply with involves equipment used to supply the utility service to the respect to breakdown of"computers"; or described premises from a (7) The following causes of loss to personal source away from the described property: premises, (a) Dampness or dryness of But if loss or damage by a Covered atmosphere; Cause of Loss results,we will pay for (b) Changes in or extremes of that resulting loss or damage. temperature; or b. Acts Or Decisions (c) Marring or scratching. Acts or decisions, including the failure to But if an excluded cause of loss that is act or decide, of any person, group, listed in (1) through (7) results in a organization or governmental body. But "specified causes of loss", or building glass if loss or damage by a Covered Cause breakage or collapse, as provided in the of Loss results, we will pay for that Additional Coverage, Collapse results, we resulting loss or damage. will pay for the loss or damage caused by c. Negligent Work that "specified causes of loss", building Faulty, inadequate or defective: glass breakage or collapse. (1) Planning, zoning, development, ! 6. Paragraph 3. under B. Exclusions is replaced surveying, siting; by the following: 3. We will not pay for loss or damage caused (2) Design, specifications, workmanship, repair, construction, renovation, by or resulting from any of the following, a. through c. But if an excluded cause of loss remodeling, grading, compaction; that is listed in a. through c. results in a (3) Materials used in repair, Covered Cause of Loss, we will pay for the construclion, renovation or loss or damage caused by that Covered remodeling; or Cause of Loss. (4) Maintenance; a. Weather Conditions of part or all of any property on or off the i (1) A weather condition which results in: described premises. But if loss or j damage by a Covered Cause of Loss (a) Landslide, mudslide or mudflow; j' results, we will pay for that resulting loss (b) Mine subsidence; earth sinking, or damage. rising or shifting (other than 7. Paragraph E. Property Loss Conditions is sinkhole collapse); amended as follows: I' (c) Water, as described in a. The last paragraph of Paragraph 2. �� Paragraphs AA.g.(1) through Appraisal does not apply. �I A.4.g.(5) of this endorsement; But if loss or damage by fire, b. Paragraph (1) under 3.a. Duties In The Event Of Loss Or Damage, regarding explosion or sprinkler leakage results, we will pay for the Toss or notifying the police if a L,w may have been j damage caused by that fire, broken, does not apply. explosion or sprinkler leakage. :.............. BP 01 06 0713 @ Insurance Services Office, Inc., 2012 Page 3 of 7 c. Paragraph 4. Legal Action Against Us is (ii) Divide the amount determined in replaced by the following: (i) above by the number of days 4. Legal Action Against Us from the installation of improvements to the expiration of No one may bring a legal action against the lease. us under this insurance unless: If your lease contains a renewal a. There has been full compliance with option, the expiration of the renewal all of the terms of this insurance; and option period will replace the b. The action is brought within two expiration of the lease in this years after the date on which the procedure. direct physical loss or damage (c) Nothing if others pay for repairs or occurred. replacement. If this action is brought pursuant to Sec. 8, Paragraph F.2. Mortgageholders Property 3 of RCW 48.30 then 20 days prior to General Condition is replaced by the following: filing such an action, you are required to 2, Mortgageholders provide written notice of the basis for the cause of action to us and the Office of Insurance Commissioner's Regulation No. the Insurance Commissioner. Such 335MAC284-21-010 requires that Form notice may be sent by regular mail, 372 (Ed. 11-60) or Form 438 BFU (Ed. 5- registered mail, or certified mail with 42) be endorsed on this policy to replace return receipt requested. the Mortgageholders Property General d. Paragraphs d.(1)(a)(ii) and d.(1)(a)(iii) Condition. under S. Loss Payment are replaced by 9. The following are added to Section I — the following: Property: (ii) The amount it would cost to a. The term actual cash value means: replace the damaged item at the (1) When the damage to property is time of the loss with new property economically repairable, actual cash of similar kind and quality to be value means the cost of repairing the used for the same purpose on the damage, less reasonable deduction for same site; or wear and tear, deterioration and (it!) The amount you actually spend in obsolescence, repairing the damage, or (2) When the loss or damage to property replacing the damaged property creates a total loss, actual cash value with new property of similar kind means the market value of property in a and quality, used condition equal to that of the e. Subparagraph d.(5) under 5. Loss destroyed property, if reasonably Payment is replaced by the following: available on the used market. (5) Tenants' improvements and betterments (3) Otherwise, actual cash value means the at: market value of new, identical or nearly (a) Replacement cost if you make identical property less reasonable repairs within a reasonable time after deduction for wear and tear, loss; deterioration and obsolescence. (b) A proportion of your original cost if b. The word "vehicles", as used in Section I — you do not make repairs within a Property, means vehicles running on land reasonable time after loss. We will or tracks, but not aircraft. determine the proportionate value as B. Section II—Liability is amended as follows: follows: 1. Paragraph B.1.e. Employer's Liability (i) Multiply the original cost by the Exclusion applies only to "bodily injury" to number of days from the loss or "employees"of the insured whose employment damage to the expiration of the is not subject to the Industrial Insurance Act of lease; and Washington (Washington Revised Code Title 51), Page 4 of 7 ©Insurance Services Office, Inc., 2012 BP 01 06 07 13 With respect to"bodily injury"to"employees"of c. Verbal notice. the insured whose employment is subject to Upon receipt of such notice, we will the Industrial Insurance Act of Washington, cancel this policy or any binder issued Paragraph B.1.e. Employer's Liability is as evidence of coverage, effective on replaced by the following: the later of the following: e. Employer's Liability a. The date on which notice is received (1) "Bodily injury" to an "employee" of the or the policy or binder is insured arising out of and in the course surrendered; or of: b. The date of cancellation requested (a) Employment by the insured; or by the first Named Insured. (b) Performing duties related to the 2. We may cancel this policy by mailing or conduct of the insured's business, delivering to the first Named Insured (2) Any obligation to share damages with or and the first Named Insured's agent or epay someone else who must pay broker written notice of cancellation at least: damages because of the injury. This exclusion does not apply to liability a. Five days before the effective date assumed by the insured under an "insured cancellation for any structure where contract". two or more of the following conditions exist: 2. Paragraph 2.a.(1) under C. Who Is An (1) Without reasonable explanation, Insured applies only to "employees" of the the structure is unoccupied for insured whose employment is not subject to more than 60 consecutive days, the Industrial Insurance Act of Washington or at least 65°f° of the rental units (Washington Revised Code Title 51). are unoccupied for more than i With respect to "employees" of the insured 120 consecutive days unless the j whose employment is subject to the Industrial structure is maintained for Insurance Act of Washington, Paragraph seasonal occupancy or is under C.2.a.(1) is replaced by the following: construction or repair; -- (1) "Bodily injury" or"personal injury": (2) Without reasonable explanation, (a) To you, to your partners or members progress toward completion of (if you are a partnership or joint permanent repairs to the venture), to your members (if you are structure has not occurred within a limited liability company), or to a 60 days after receipt of funds co-"employee" while that co- following satisfactory adjustment "employee" is either in the course of or adjudication of Toss resulting his or her employment or performing from a fire; duties related to the conduct of your (3) Because of its physical condition, business; or the stnichire is in danger of (b) For which there is any obligation to collapse', s with or repay f physical condition share damage p y (4) Because o its someone else who must pay a vacallon or demolition order damages because of the injury has been issued for the structure, described In Paragraph (1)(a). or it has been declared unsafe in C. Section III — Common Policy conditions Is accordance with applicable law; amended as follows: (5) Fixed and salvageable items 1. Paragraph A. Cancellation is replaced by the have been removed from the following: structure, indicating an intent to A. Cancellation vacate the structure; (6) Without reasonable explanation, 1. The first Named Insured shown in the heat, +hater, sewer and electricity Declarations may cancel this policy by are not f;irnished for the structure notifying us or the insurance producer in or 6o consecutive days; or one of the following ways: (7) e sinict�ire is not maintained in a. Written notice by mail, fax or e-mail; h substanwil compliance with fire, b. Surrender of the policy or hinder; or safe[; <iod building codes. i 1 I BP 01 06 07 13 G insurance Services Office, Inc., 2012 Page 5 of 7 b. 10 days before the effective date of b. If there is other insurance covering the cancellation if we cancel for same loss or damage, other than that nonpayment of premium, described in a. above, we will pay only c. 45 days before the effective date of for the amount of covered loss or cancellation if we cancel for any damage in excess of the amount due other reason. from that other insurance, whether you can collect on it or not. But we will not 3. We will mail or deliver our notice stating pay more than the applicable Limit of the actual reason for cancellation to the Insurance. first Named Insured and the first Named Insured's agent or broker at their last 3. Paragraph 3. under I. Premiums is replaced mailing addresses known to us, by the following: 4. We will also mail or deliver to any 3. The premium must be: mortgageholder, pledgee or other a. Paid to us prior to the anniversary date; person shown in this policy to have an and interest in any loss which may occur b. Determined in accordance with under this policy, at their last mailing Paragraph 2. above. address known to us, written notice of cancellation prior to the effective date of Our forms then in effect will apply. If you do cancellation. If cancellation is for not pay the continuation premium, this reasons other than those contained in policy will expire on the first anniversary Paragraph A.2.a. above, this notice will date that we have not received the be the same as that mailed or delivered premium. to the first Named Insured. If 4. The following paragraph is added: cancellation is for a reason contained in M. Nonrenewal Paragraph A.2.a. above, we will mail or deliver this notice at least 20 days prior a. We may elect not to renew this to the effective date of cancellation. policy by mailing or delivering written 5. Notice of cancellation will state the notice of nonrenewal, stating the effective date of cancellation. The policy reasons for nonrenewal, to the first period will end on that date. Named Insured and the first Named Insured's agent or broker, at their 6. If this policy is cancelled, we will send last mailing addresses known to us. the first Named Insured any premium We will also mail to any refund due. If we cancel, the refund will mortgageholder, pledgee or other be pro rate. If the first Named Insured person shown in this policy to have cancels, the refund will be at least 90% an interest in any loss which may of the pro rate refund. The cancellation occur under this policy, at their last will be effective even if we have not mailing address known to us, written made or offered a refund. notice of nonrenewal. We will mail or 7. If notice is mailed, proof of mailing will deliver these notices at least 45 days be sufficient proof of notice. before the: 2. Paragraph 1, under H. Other Insurance is (1) Expiration of the policy; or replaced by the following: (2) Anniversary date of this policy if 1. With respect to insurance provided under this policy has been written for a Section I —Property: term of more than one year. a. You may have other insurance subject If notice is mailed, proof of mailing to the same plan, terms, conditions and will be sufficient proof of notice. provisions as the insurance under this policy. If you do, we will pay our share of the covered loss or damage. Our share is the proportion that the applicable Limit of Insurance under this policy bears to the limits of insurance of all insurance covering on the same basis. Page 6 of 7 ©Insurance Services Office, Inc., 2012 BP 01 06 07 13 Otherwise, we will renew this policy (2) Other coverage acceptable to the unless: insured has been procured prior (1) The first Named Insured fails to to the expiration date of the pay the renewal premium after policy; or we have expressed our (3) The policy clearly states that it is willingness to renew, including a not renewable, and is for a statement of the renewal specific line, subclassification, or premium, to the first Named type of coverage that is not Insured and the first Named offered on a renewable basis. Insured's insurance agent or broker, at least 20 days before the expiration date; l 'i I I i I I l� BP 01 06 07 13 ©Insurance Services Office, Inc., 2012 Page 7 of 7 BUSINESSOWNERS BP04600110 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON EMPLOYMENT-RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following exclusion is added to Paragraph B.I. This exclusion applies: Exclusions — Applicable To Business Liability (I) Whether the injury-causing event Coverage in Section II—Liability: described in Paragraphs (a), (b) This insurance does not apply to "bodily or (c) above occurs before injury" or "personal and advertising injury" employment, during employment to: or after employment of that (1) A person arising out of any: person; (a) Refusal to employ that person; (II) Whether the insured may be liable as an employer or in any (b) Termination of that person's other capacity; and employment; or c Employment-related practices, (III) To any obligation to share ( ) P damages with or repay someone policies, acts or omissions, such as else who must pay damages coercion, demotion, evaluation, because of the injury. reassignment, discipline, defamation, harassment, humiliation, However, Paragraphs (1)(a) and (2) of this - discrimination or malicious exclusion do not apply if such "bodily injury" prosecution directed at that person; s sustained by any "employee" of the or insured whose employment is subject to the 2 The spouse, child, parent, brother or Industrial Insurance Act of Washington ( ) p P (Washington Revised Code Title 51). sister of that person as a consequence of "bodily injury" or "personal and advertising injury" to that person at whom any of the employment-related practices described in Paragraphs (a), (b) or(c)above is directed. BP 04 60 01 10 ©Insurance Services Office, Inc., 2009 Page 1 of 1 ❑ BUSINESSOWNERS BP 04 73 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES - DOMESTIC ABUSE This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM I A. The following exclusion and related provisions are B. The following is added to Paragraph K. Transfer added to Paragraph B.2. Exclusions in Section I Of Rights Of Recovery Against Others To Us in —Property: Section III—Common Policy Conditions: I 1. We will not pay for loss or damage arising out If we pay an insured, who is a victim of"domestic of any act committed or conspired to be com- abuse", for a loss caused by an act of "domestic mitted by or at the direction of an insured with abuse", the rights of that insured to recover dam- the intent to cause a loss. ages from the perpetrator of the abuse are trans- In the event of such loss, no insured is entitled ferred to us to the extent of our payment. That in- to coverage, even insureds who did not commit sured may not waive such rights to recover against or conspire to commit the act causing the loss. the perpetrator of the"domestic abuse". 2. However, this exclusion or any other policy C. As used in this endorsement, "domestic abuse" provision (including Paragraph C. Conceal- means: ment, Misrepresentation Or Fraud in Section 1. Physical harm, bodily injury, assault or the III — Common Policy Conditions) will not ap- infliction of fear of imminent physical harm, ply to deny an insured's claim for an otherwise bodily injury or assault between family or covered property loss if such loss is caused by household members; an act of "domestic abuse" by another insured 2. Sexual assault of one family or household under the policy, and the insured making claim: member by another; a. Files a police report and cooperates with 3. Stalking, as defined in RCW 9A.46.110 of one any law enforcement investigation relating family or household member by another family to the act of"domestic abuse"; and or household member; or b. Did not cooperate in or contribute to the 4. Intentionally, knowingly or recklessly causing creation of the loss. damage to property so as to intimidate or at- 3. If we pay a claim pursuant to Paragraph A.2., tempt to control the behavior of another family our payment to the insured is iiinited to that in- or household member. sured's insurable interest in the property less any payments we first made to a mortgagee or other party with a legal secured interest in the property. In no event will we pay more than the Limit of Insurance. it I BP 04 73 01 06 O ISO Properties, Inc., 2005 Page 1 of 1 ❑ BUSINESSOWNERS BP 06 69 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON - FUNGI OR BACTERIA EXCLUSION (LIABILITY) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following provisions are added to Section II — (2) Any loss, cost or expenses arising out of Liability: the abating, testing for, monitoring, A. The following exclusion is added to Paragraph cleaning up, removing, containing, treat- B.1., Exclusions — Applicable To Business Li- ing, detoxifying, neutralizing, remediating ability Coverage: or disposing of, or in any way respond- ing to, or assessing the effects of, "fungi" t. Fungi or bacteria, by any insured or by any (1) "Bodily injury", "property damage" or other person or entity. "personal and advertising injury' which This exclusion does not apply to any"fungi' would not have occurred, in whole or in or bacteria that are, are on, or are contained part, but for the actual, alleged or threat- in, a good or product intended for bodily ened inhalation of, ingestion of, contact consumption. with, exposure to, existence of, or pres- ence of, any "fungi" or bacteria on or B. The following definition is added to Paragraph F. within a building or structure, including Liability And Medical Expenses Definitions: its contents. 1. "Fungi" means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or by-products produced or re- leased by fungi. i , BP 06 69 01 06 ©ISO Properties, Inc., 2005 Page 1 of 1 ❑ Policy Number: PSB0002093 i i i I I I �I i I I i In Witness Whereof,we have caused this policy to be executed and attested, and, it required by state law, this policy shall not be valid unless countersigned by our authorized representative. Corporate Slecretary Presi e t& COO I I i I IMF 0001 (01/01) REQUEST MAYOR'S SIGNATURE i Please Fill in All Applicable Boxes .-- � Tom. 4 fY`ev ewed by Director f Oricinator`s Name: Toby Hallock De t/Div. Engineerinq Extension; 5536 Date Sent: Date Required laS `F Return to. Nanc Yoshitake --C—ONTRACT TERM IN ION RATEc 121 is VENDOR: Noel Inc. DATE OF COUNCIL APPROVAL: N/A ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached Amendment No. 1 is necessary to extend the time of completion to December 31, 2015. Noel Gilbrough has provided knowledge and insight to levees and will continue to do so as part of the Green River Levee Flood Control and Ecosystem Restoration projects. ,All Contracts Must Be Routed Through The Latin Department _ o, V'r =„ `$.* (This area to be completed by the Law Department)'. x Received: ) i'ye s Approval of Law Dept.: Law Dept. comments. Date Forwarded to Mayor: l Shaded Areas To Be Completed By Administration Staff Received:' 9 Recommendations and Commentsa Disposition: Date Returned: