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EC16-183 - Original - Seattle Thunderbirds - Marketing Package, Including VisitKent.com Logo & Website - 05/05/2016
R cords M4a e 4,, /%WASHtNOTON Do cum Imo!e n t 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 flame: Seattle Thunderbirds Vendor Number: 3D Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Marketing Package that includes VisitKent.com logo and website Description: n Interlocal Agreement ❑ Change Order ❑ Amendment 0 Contract Other: Contract Effective Gate: 5/2/1.6 (When signed) Termination Date: 1 yr Contract Renewal Notice (Days): 36 Number of days required notice for termination or reniewal or amendment Contract Manager: Karen Wesson Department: ECD Contract Amount: $49,400 Approval Authority: E] Department Director ❑ Mayor ® City Council Detail: (i.e. address, location, parcel number, tax id, etc.): As of; 08/27/14 400 �0�. KENT W.- CONSULTANT SERVICES AGREEMENT between the City of Kent and Seattle Thunderbirds THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Seattle Thunderbirds organized under the laws of the State of Wa , located and doing business at 625 West James St., Kent, WA 98032 (253) 239-9613 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Marketing Package from the Seattle Thunderbirds includes marketing of the VisitKent.com logo and website as described and incorporated in the attached Scope of Work Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2016. III. COMPENSATION. A. The. City shall pay the Consultant, based on time and materials, an amount not to exceed $49,400, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit quarterly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: rr y: (signature) A'� (signature) d: Shzette Cooke Print m e: Prin6Nam Its lb"-� �-Aavor (title) DATE., y DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Jason Thomsen Andrew Corona, Economic Development Analyst Seattle Thunderbirds City of Kent 625 W. James St. 220 Fourth Avenue South Kent, WA 98032 Kent, WA 98032 253-856-6834 (telephone) (253) 856-6405 (telephone) (facsimile) (253) 856-6454 (facsimile) APPROVED AS TO FORM: / I Kv�� I Kent Law Department CONSULTANT SERVICES AGREEMENT - 5 Over$20,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. 1 have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer, 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Exhibit A (Advertising elements) The value of these individual elements are $73,600. The total net package price of this Agreement is $49,400 payable as follows: • 25%due 30 days upon signing($12,3501 • 25%due June 30, 2016($12,350) • 25%due Sept 30, 2016($12,350) • Remaining balance due December 31, 2016($12,350) This Agreement runs from March 1, 2016 through May 1, 2017 TEAM BUS-(Package Price-$14,000 1 August 2016—May 1, 2017) Advertiser will receive logo placement on the back of the Team bus. All signage elements must meet with signage standards set for by the Team and must receive design approval by the Advertiser before production and installation. This element will begin with the wrapping of the Team bus for the 2016-17 season. WEBCAST-(Package Price- $10,000 1 March 1, 2016—May 1, 2017) Advertiser will receive logo placement on the Team's webcasts that originate from the Team's Arena. All signage elements must meet with signage standards set for by the Arena and the Team. PRINT AT HOME- (Package Price-$2,400 1 March 1, 2016— May 1, 2017) Advertiser will receive One (1) print at home ad space on the bottom of all print at home tickets for the Team's Home Games. All signage elements must meet with signage standards set for by the Arena and the Team. DASHER BOARD SIGNAGE-(Package Price -$12,000 1 March 1, 2016—May 1, 2017) Advertiser will receive Two (2) dasher board ads placed in mirror image. All signage elements must meet with signage standards set for by the Arena and the Team. PROMOTIONAL NIGHTS- (Package Price-$0 1 March 1, 2016—May 1, 2017) Advertiser will have Two (2) promotional nights each season. On each of these nights the Advertiser will receive One (1) table on the concourse in which to hand out information and promotional materials. Any cost associated with the information or promotional materials are outside of this Agreement and are the sole responsibility of the Advertiser. The details of these nights will be finalized by August 18t of each year for the upcoming season. VIDEO SCOREBOARD- (Package Price-$2,500 1 March 1, 2016—May 1, 2017) Advertiser will have One (1) thirty second "in house" television commercial that will run on the video scoreboard at Team's Home Games. Advertiser will provide a broadcast ready commercial to the Team to be played on the video scoreboard. PROGRAM- (Package Price-$0 1 March 1, 2016—May 1, 2017) Advertiser will receive One (1) half-page ad in the Team's digital game night program. RADIO- (Package Price-$8,500 1 March 1, 2016—May 1, 2017) All 72 regular season and playoff games are broadcasted on Thunderbirds Radio. Advertiser will provide broadcast ready radio spots to the Team. Your radio package includes: — Four(4) :30 second commercials for each of the Team's games broadcast on the radio — One live read during each game — Inclusion in the Opening and Closing Billboards WEB- (Package Price - $0 U March 1, 2016— May 1, 2017) Team website - The Advertiser's logo will be placed on the partnership page of Team's website. In addition, Team will link Advertiser's logo back to Advertiser's website. Advertiser EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability_ insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $4,000,000 general aggregate. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: I. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. A�P CERTIFICATE OF LIABILITY INSURANCE DATE/i9/2D16) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Judy Sheets, CPIW Bell Anderson Agency, Inc. PHONE (425)291-5200 FAC No;1425)291-5100 600 SW 39th St, Suite 200 AIL ADDRESS,judys@bell-anderson.com INSURER(S)AFFORDING COVERAGE NAIC 0 Renton WA 98057 INSURERA:Philadel hia Indemnity Insurance INSURED INSURER B;Philadel hia Insurance Co Seattle Thunderbirds, DHA: Thunderbirds Hockey INSURERC: 625 W James Street INSURERD: INSURER E: Kent WA 98032 1 INSURERF: COVERAGES CERTIFICATE NUMBER:CL1510712336 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 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 ADD R POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY MMIDOIYYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE ❑X OCCUR E TE 100 000 PREMISES a occurrence) $ � X PHPK1400180 10/27/2015 10/27/2016 MED EXP(Any one person) $ PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 3 3,000,000 X POLICY F �JECT LOC PRODUCTS•COMPIOPAGG $ 3,000,000 OTHER: $ AUTOMOBILE LIABILITY CO Ea accidMBINED SINGLE LIMITent $ 1,000,000 A X ANY AUTO BODILY INJURY(Par person) $ AALL UTOS OWNED SCHEDULED PHPX1400180 10/27/2015 10/27/2016 BODILY INJURY(Per accident) $ UTOS NON OWNED PP��antDAMAGE $ HIRED AUTOS AUTOS X UMBRELLA LU1B X OCCUR EACH OCCURRENCE $ 5,000,000 8 EXCESS LIAR I CLAIMS-MADE AGGREGATE S 5,000,000 DED I X I RETENTIONS 10,000 PHUB516438 10/27/2015 10/27/2016 S WORKERS COMPENSATION IPER OTH- AND EMPLOYERS'LIABILITY TU ER ANY PROPRIETORIPARTNERIEXECUTIVE Q NIA E.L EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? A (Mandatory In NH) PHPK1400180 10/27/2015 10/27/2016 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yas,describe under WA STOP GAP E.L.DISEASE-POLICY LIMIT $ 1 000 000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) RE: $73,600 Contract 3/1/16 — 5/l/17. The certificate holder is additional insured for general liability, but only if required by written contract or written agreement per the attached endorsement #PIGLDPS 1212. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Ave S ACCORDANCE WITH THE POLICY PROVISIONS. Kent, WA 98032 AUTHORIZED REPRESENTATIVE Andrew Hoven/KND 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS026 onunli PI-GLD-PS (12/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: PROFESSIONAL SPORTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies,the terms,conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy,unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages,consult the policy contract vwrding. Coverage Applicable Limit of Insurance Page# Damage to Premises Rented to You $1,000,000 2 Expected or Intended Injury— Property Damage Included 2 Pesticide or Herbicide Applicator Coverage Included 2 Non-Owned Watercraft Less than 58 feet 2 Personal Property in Your Care Custody or Control $5000 3 Limited Broadcasting Coverage Included 3 Supplementary Payments—Bail Bonds $5,000 3 Supplementary Payment—Loss of Earnings $1,000 per day 3 Employee Indemnification Defense Coverage $25,000 3 Who Is an Insured Included 4 Additional Insured—Newiy Acquired or Formed Organization Additional Insured—Broadened Named Insured Additional Insured—When Required by Contract Additional Insured—Grantor of Franchise Duties in the Event of Occurrence,Claim or Suit Included 4 Unintentional Failure to Disclose Hazards Included 5 Transfer of Rights of Recovery Against Others To Us Clarification 5 Liberalization Included 5 Bodily Injury—includes Mental Anguish Included 5 Employee Redefined Included 5 Personal and Advertising Injury—includes Abuse of Process, Included 5 Discrimination Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ©2012 Philadelphia Consolidated Holding Corp. r PI-GLD-PS (12/12) A. Damage to Premises Rented to You If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part: 1. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: a. $1,000,000;or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event,whether such damage results from fire, lightning,explosion, smoke,or leaks from automatic fire protective systems or any combination thereof; 2. The word fire is changed to fire, lightning, explosion,smoke, or leakage from automatic fire protective systems where it appears in: a. The last paragraph of SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY,Subsection 2. Exclusions; b. SECTION III—LIMITS OF INSURANCE, Paragraph 6.; and c. SECTION V—DEFINITIONS, Paragraph 9.a.;and 3. The words fire insurance are changed to insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems where it appears in SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS,Subsection 4.Other Insurance, Paragraph b.Excess Insurance. B. Expected or Intended Injury— Property Damage SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2.Exclusions, Paragraph a. is deleted in its entirety and replaced by the following: a. Expected or Intended Injury "Bodily injury"or property damage"expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury"or"property damage"resulting from the use of reasonable force to protect persons or property. C. Pesticide or Herbicide Applicator Coverage With respect to maintenance of the facilities owned or leased to you, SECTION I—COVERAGES; COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY,2. Exclusions,f. Pollution, Paragraph (1)(d)does not apply if the operations meet all standards of any statute, ordinance, regulation or license requirement of any federal,state or local government which apply to those operations. However, Paragraphs(i), (ii)and(iii)apply regardless. D. Non-Owned Watercraft SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2.Exclusions,g.Aircraft,Auto Or Watercraft, Paragraph(2) is deleted in its entirety and replaced by the following: Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ©2012 Philadelphia Consolidated Holding Corp. PI-GLD-PS(12/12) (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person,who with your consent,either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary,excess or contingent. E. Personal Property in Your Care,Custody or Control SECTION I—COVERAGES; COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY,2. Exclusions,j.Damage To Property, Paragraph(4)does not apply. However,the most we will pay on behalf of the insured, under this extension is$5,000 per "occurrence." This limit is included in,and not in addition to the limits shown in the Declarations. F. Limited Broadcasting Coverage SECTION I—COVERAGES; COVERAGE B.PERSONAL AND ADVERTISING LIABILITY,2. Exclusions,J.Insureds In Media and Internet Type Businesses, Paragraph(1) is deleted in its entirety and replaced with the following: (1) Advertising, broadcasting(not including the broadcasting of team games, pre-game shows, or post-game shows by the team's employed announcers), publishing or telecasting. G. Supplementary Payments SECTION I—COVERAGES,SUPPLEMENTARY PAYMENTS—COVERAGES A AND B, Items 1.b. and 1.d. are amended as follows: 1. b.is deleted in its entirety and replaced by the following: 1. b. Up to$5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies.We do not have to furnish these. 1.d.is deleted in its entirety and replaced by the following: 1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit",including actual loss of earnings up to$1,000 a day because of time off from work. H. Employee Indemnification Defense Coverage Section I—COVERAGES,SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended to include the following: We will pay, on your behalf, defense costs incurred by an"employee" in a criminal proceeding occurring in the course of employment. Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. m 2012 Philadelphia Consolidated Holding Corp. PI-GLD-PS (12/12) The most we will pay for any"employee"who is alleged to be directly involved in a criminal proceeding is$25,000 regardless of the numbers of"employees", claims or"suits"brought or persons or organizations making claims or bringing"suits." I. Who is an Insured SECTION 11—WHO IS AN INSURED is amended as follows: 1. Newly Acquired or Formed Organization If coverage for newly acquired or formed organizations is not otherwise excluded from this Coverage Part, Paragraph 3.a.is deleted in its entirety and replaced by the following: a. Coverage under this provision is afforded until the end of the policy period. 2. Each of the following is also an insured: a. Broadened Named Insured—Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. b. Blanket Additional Insureds When Required by Contract—Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for"bodily injury,""property damage"or"personal and advertising injury"but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations. c. Grantor of Franchise—Any person or organization with respect to their liability as the grantor of a franchise to you. J. Duties In the Event of Occurrence,Offense,Claim or Suit 1. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS,2.a.the requirement that you must see to it that we are notified as soon as practicable of an"occurrence"or an offense, applies only when the"occurrence"or offense is known to: a. You, if you are an individual; b. A partner, if you are a partnership; or c. An"executive officer"or insurance manager, if you are a corporation. 2. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS,2. b.the requirement that you must see to it that we receive notice of a claim or"suit"as soon as practicable will not be considered breached unless the breach occurs after such claim or"suit" is known to: a. You, if you are an individual; b. A partner, if you are a partnership; or c. An "executive officer"or insurance manager, if you area corporation. Page 4 of 6 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 0 2012 Philadelphia Consolidated Holding Corp. PI-GLD-PS (12/12) K. Unintentional Failure To Disclose Hazards SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS,Paragraph 6. Representations is amended to include the following. It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part,we shall not deny coverage under this Coverage Part because of such failure. L. Transfer of Rights of Recovery Against Others To Us SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS,Paragraph 8.Transfer of Rights of Recovery against Others to Us is deleted in its entirety and replaced by the following: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us.The insured must do nothing after loss to impair them. At our request,the insured will bring"suit"or transfer those rights to us and help us enforce them. Therefore,the insured can waive the insurer's rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. M. Liberalization SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS,is amended to include the following: If we revise this endorsement to provide more coverage without additional premium charge,we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. N. BodilyInjury—MentalAnguish SECTION V—DEFINITIONS, Paragraph 3. Is deleted in its entirety and replaced by the following: "Bodily injury": a. Means bodily injury,sickness or disease sustained by a person, and includes mental anguish resulting from any of these;and b. Except for mental anguish, includes death resulting from the foregoing(Item a. above)at any time. O. Employee Redefined SECTION V—DEFINITIONS Paragraph 6.is deleted in its entirety and replaced by the following. "Employee"includes a"leased worker." "Employee"also includes rostered players, mascots, managers,cheerleaders and coaches. "Employee"does not include a"temporary worker." P. Personal and Advertising Injury—Abuse of Process,Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ©2012 Philadelphia Consolidated Holding Corp. Z PI-GLD-PS (12/12) otherwise excluded from this Coverage Part,the definition of"personal and advertising injury"is amended as follows: 1. SECTION V—DEFINITIONS, Paragraph 14. Item b. is deleted in its entirety and replaced by the following: b. Malicious prosecution or abuse of process; 2. SECTION V—DEFINITIONS, Paragraph 14. is amended to include the following: "Personal and advertising injury"also means discrimination based on race,color, religion, sex, age or national origin, except when: a. Done intentionally by or at the direction of, or with the knowledge or consent of: (1) Any insured;or (2) Any executive officer,director, stockholder, partner or member of the insured; b. Directly or indirectly related to the employment, former or prospective employment, termination of employment,or application for employment of any person or persons by an insured; c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured;or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling. The above does not apply to fines or penalties imposed because of discrimination. Page 6 of 6 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. m 2012 Philadelphia Consolidated Holding Corp. PHILADELPHIA One Bala Plaza, Site 100 13 INSURANCE COMPANIES Baia Cynwyd, Pennsylvania 1.9004 610.617.7900 Fax 610.617,7940 A Member of the Toldo Marine Group PH LY.com Philadelphia Indemnity Insurance Company Commercial Lines Policy THIS POLICY CONSISTS OF: - DECLARATIONS - COMMON POLICY CONDITIONS - ONE OR MORE COVERAGE PARTS.A COVERAGE PART CONSISTS OF: • ONE OR MORE COVERAGE FORMS • APPLICABLE FORMS AND ENDORSEMENTS BJP-190-1(12-98) PHILADELPHIA INSURANCE COMPANIES A Member of the Tokio Marine Group One Bala Plaza,Suite 100,Bala Cynwyd,Pennsylvania 19004 610.617.7900•Fax 610.617.7940•PHLY.com 10/13/2015 Thunderbird Hockey Enterprises,LLC dba Seattle Thunderbirds 625 W James St Kent,WA 98032-4406 Re: PHPK1400180 Dear Valued Customer: Thank you very much for choosing Philadelphia Indemnity Insurance Company for your insurance needs. Our first class customer service, national presence and A++ (Superior) A.M. Best financial strength rating have made us the selection by over 150,000 policyholders nationwide. I realize you have a choice in insurance companies and truly appreciate your business. I wish you much success this year and look forward to building a mutually beneficial business partnership which will prosper for years to come. Welcome to PHLY and please visit PHLY.com to learn more about our Company! Sincerely, Robert D.O'Leary Jr. President&CEO Philadelphia Insurance Companies RDO/sm Philadelphia Consolidated Holding Corp.•Philadelphia Indemnity Insurance Company•Tokio Marine Specialty Insurance Co•Maguire Insurance Agency,Inc. * Receive Invoices Electronically * Pay Your Bills Online * Set Up Recurring Payments * Available 24/7 * Safe and Secure * NO FEE! Enroll Today .1 a Environmentally Friendly Pay Your Bill Online To pay your bills online you will need a User 11)and Password to access our website. If you don't have a User ID please create one by visiting hftps://wwmEPHLtcom/mvphlv/newuw.pVA. If you have a User ID, please login and click on "Online Bill Pay'and enter the necessary information to pay your bills. Philadelphia Insurance Companies accepts electronic checks (a debit from your checking or savings account) as a method of payment. Please allow 2 to 3 business days for your payment to post to your account.I his service is offered free of charge, Please note that credit card payments cannot be made online. Recurring Payment Customers that receive their bill directly (and not from their agent) can sign up for recurring payment via automatic withdrawals from a checking, savings, or money market account for direct bill policies, If you do not already have an account on PHLY.com you will need to create one by visiting ZE.LLwy hth jw.PHLY. oi v/newuser.gW. Once logged in please refer to "Links for You" and click the "Recurring Payment lnsRrucfions'to learn how to enroll. You can also click the 'Online Bill Poin,the left hand side to enroll in Recurring Payment. A/ Ww q rM m on PIMP -41 J,U�, HILADELPHIA I'NSURANCE COMPAMES Focus olrthc Things char Marrer,V`elll Handle the Risk'Ac d i si 1 PHLY CUSTOMER SERVICE Did you know... Claims • The Loss Assistance Hotline provides Management&Professional - Average policyholder first party automobile lasses Liability policyholders with two FREE HOURS of legal consultation settled in 10 days or less with knowledgeable attorneys on any matter that could potentially • Same or next business day acknowledgements result in a claim under a PHLY policy of newly reported and opened claims • You con review billing and payment history online • Claims representation nationally with Commercial For example;Payment veAcations go to MyPHLYon PHLY corn Liability Claims Examiner Niche expertise • You can pull up and print your invoices and p ICY dacumenis online • 24/7 claims service. Staff efficiencies with paperless • You can update your profile online and industry leading systems For example;Billing address or contact information changes • Staff of Subrog,oiion and Recovery Examiners exclusively • We offer live help within seconds: No complicated phone systems dedicated to recovery efforts for policyholder paid losses • 94.4%of our policyholders would refer us to prospective customers* • Experienced, consistent staff and department structure • We provide 48 hour turnaround time on small business quotes and policy issuance in less than 10 days Risk Management Services • We provide interest free installments for accounts that generate at • National network of in-house risk management professionals least$2,00 in premium providing direct support to policyholders • Product specific web-based risk management solutions Frequently Asked Questions through PHLY.com How can 1 get information about my insurance? • Interactive Driver.training online courses and examination at There are 5 different ways to contact Customer Service no additional charge • Customer Service 87 7.438,7459 • Regular e-ffyer communications on relevant risk management issues • Customer Service Fax B66.847.4046 • Strategic partnerships with best-m-class vendors for discounted • Customer Service E-mail, custserv@phly.corn MVR checks, abuse training, CPS, and many rnore • Customer Service online chat Automatically included: on most accounts • PHLY.com—"Contact Us" PHLY Bell Endorsement-Includes $50,0100 limits each for Business When tan 1 contact Customer Service? Travel Accident Benefit, Donation ,Assurance, Emergency Real Customer Service is avoilable Monday-Friday from Estate Consulting Fee, Identity Theft Expense, Image Restoraliion and 8:30 a.m.-8:00 p.m. EST Counseling, Key Individual Replacement Expenses, Kidnap Expense, Terrorism Travel Reimbursement, Workplace Violence Counseling. What forms of payment does PHLY accept? $25,000 limits for each Conference Cancellation, Fundraising Event PHLY accepts 3 forms of payment: Blackout, Political Unrest f$5,000 per emplayee), Temporary Meeting • Check sent to the lock box Space Reimbursement, and $,1,500'Travel belay Reimbursement. • Check by phone payments through emrr IVR (877.438.7459_Option 11, website, or Honors,Awards, and Ratings contact center representatives • Americas Top 150 Workplaces • Credit card payments through our live contact center • Best Places to Work in Insurance(46 consecutive year) representatives ('Visa, MasierCord, and American Express) • Stevie Awards • ACE Awards • -Top Workplaces in Philadelphia • Ward's)lap 50 f 13th consecutive year) • National Underwriter Top 100 Insurance Croups 11"okio Marine) #29 • National Underwriter Top 100 Insurance Companies #41 . a�ssvµ ffrrie Philodclp r a Insunn naa car-p r i;,,is triv math°irg rrr,rr,ae 8�a i u ��rrsutcrr r.r.:cmp-,ry iJx dia r s c�t the Ptitn?elp„trnr Ccsn,oR,61,tt„a icJ it carp, ,sa 1Vcmber caldhv 1,kvo lvlotwe Gtotp f ewtaraagelsp desca!kaard may not b.,av,crhai,I_ in ali-c:�es aard cte sdle ci y)Ueda vii'i g on'cc.rtcr€r ca s n..kliels?may be ptvsu;'e d by a surpfss lit t s insur en sugpG lures insurers do no! gua'iurally participate in state cauatcanly fur r.?s and ifl'urr Js are lherefatc aaa.tarrsft.;,,r:d by ouch lu'ur .rJ 201 d PiA,,..rddt h1u cajns.,6,.a.t ox I-tulamq Corp.,M Pllohts Re t4cd. All statistics ecarti aiuud heteir,vvom ger a raled vb an ink mal company survey of aclive 1,7aPrCy hddeers. fit BEST y a • III PHLY HAS INCREASED LIMITS. . .,� PHLY has increased limits on Edell Endorsement and created a 'Crisis Management Endorsement that will be attached to our policies. Bell Endorsement $50,ODO Identity Theft Expense-coverage which reimburses the $50,0 Donation Assurance-coverage for"Failed Donation expenses of any director or officer who becomes a victim of an claims)", incident of identity theft. $50,000 Business Travel-coverage for Business Travel Accidental $50,000 Terrorism Travel Reimbursement-which covers any director Death Benefit to the Named Insured if a Director or Officer suffers arl. or officer for emergency travel expenses that he or she incurs in the "injury" while traveling on a common carrier for business. event of a "certified act of terrorism". $25,000 Conference Cancellation-coverage for any business- $50,00 Emergency Real Estate Consulfing Fee-coverage for related conference expenses, paid by the insured and not otherwise realtor's fee or real estate consultant's fee necessitated by the Insured's reimbursed, for a canceled conference that an employee was need to relocate due to the "Unforeseeable destruction" of the Insured's scheduled to attend. The cancellation must be due directly to a "natural pnncipol location. catastrophe"or a "communicable disease" outbreak,that forces the cancellation of the conference. $25,000 Temporary Meeting Space Reimbursement-coverage for rental of meeting,space which is necessitated by the temporary $25,000 Fundraising Event Blackout-coverage for expenses that unavailability of the Insured's primary office space due to the failure of are incurred due to the cancellation of a fundraising event caused by a climate control system, or leakage of a hot water heater, the lack of electric supply resulting in a power outage, provided the fundraising event is not re-scheduled. The fundraising event must have $50,000 Workplace Violence Counseling-in the event that a violent been planned at least thirty(30)days prior to the power outrage. incident occurs of any of the Insured's premises. $5,000 per employee: $25,000 policy limit political Unrest- $54,000 Kidnap Expense -coverage for reasonable fees incurred coverage to reimburse any present director, officer, employee or as a result of the kidnapping of a Director or Officer or their spouse, volunteer of the named insred while traveling outside the United States "domestic partner," parent or child. of America for "emergency evacuation expenses" that are incurred as a result of an incident of "political unrest." $50,000 Key Individual Replacement Expenses-coverage for the Chief Executive Officer or Executive Director who suffers an "injury"wh6 $1,500 Travel Delay Reimbursement--.coverage to reimburse results in the loss of life. No deductible applies to this coverage. any present director or officer of the named "ensured for any"non- reimbursable expenses" they incur as a result of the cancellation of any $50,000 Image Restoration and Counseling--coverage for image regularly scheduled business travel on a common cancer. restoration and counseling arising out of "Improper Acts.' Crisis Management $25,000 Crisis Management--coverage for "crisis management emergency response expenses" incurred becou.se of an "incident" giving rise to a "crisis." .f .,�errr-•Ccrn,.mwa"ir,?thm r,.'r-ir,Iku ro u,:"r^;�.i.,�.. . . :li. Pr. wC.",r:�r'r...�,F��P� ,vr.�r�" .",,^,.rwro�hx,]ctBet m:"i;tz �n "iojrrdr.rw7wa w f `6s .i, �,z"A .r.. ..i vn .r .., .0 S{7.. ,a,. . i`7;,. ... .. _ wmc un aw�,r� n.,r r,r ponce co cngv " .,,. a. r ,; t 4 u,.w rE~~` u �..^s�€,�s:. 1 a•."C yEJ v iv cfl fo G r�, I s n�, r s:;ra r � �iisC r, £�e:.rk vi a r � ��"r - �y P n �rr�� :o- ;n U e s u�l icneny rrGrF�� � C, y.ni t7�l ti•� li I ki ,i s rcKr.s5 aa vrcC � my o c rdS 7 ""r , r c rr, BEST 4�d � w IS' MAINW\GEMENT SERVICES Welcome to PHLY Risk Management Services, PHLY is familiar with the unique Risk Management Services programming needs of you organization and has achieved superior results in this area. We are committed to delivering quality and timely loss prevention services and risk control products to your organization. Customer satisfaction through the delivery of these professional products to achieve measurable risk improvement results is our goal. We know the fulfillment of our Risk Management Services commitment is not complete until we deliver upon our promises,. OUR MISSION:We welcome the opportunity to demonstrate how we can tailor a risk management program suitable to our customer's needs. We are committed to providing our customers with improved communications, quicker implementation of loss control servicing initiatives, and specific benchmarking goals that help us quantify the true value of our services. OUR MOTTO: "Innovative Services Producing Optimum Results:" This mantra reflects our commitment to utilize innovative products and solutions to help our customers achieve measurable results. Customer satisfaction through the delivery of these quality professional products is our goal.We know the fulfillment of our Risk Management Services commitment is not complete until we deliver upon our promises. In order to gain full access to these resources and others, please take a moment to rester on our websile. If you already have an id to PHLY,com, please lain to access Risk Management Services resources. Risk Management Resources • AbusePrevention Systems/Ministry Safe • Human Services-Abuse Prevention Training • Home Health Aides-Abuse Prevention Training • PHLY Risk Management Services e-training • PureSafety(online driver training course) • Pure Safety(online safety training&software for incident, injury and illness management) • Nonprofit Risk Management Center • IntelhCorp Records, Inc. • SafetyRrst(fleet monitoring program) • WEMEd Loss Assistance Hotline • in2vate:Web-enabled EP'LI (employment practices liability insurance) Risk Management Services • Safe-Wise:Youth Services Organizations&Aquatics Proprietary Risk Management Services • PHLY Risk Management Services E-flyers • Large Account Service Copabilities • Loss Trend Analysis/Risk Management Information System • Responding to Risk Management Services Recommendations Outside the Box • ePIC Risk Management Services(unbundled—for fee) Contract For more information please contact: Customer Service 800. 873 .4552 IN PC7P.TAtVT NC7$CCE in 1 r. t..:c�:.,r,.is for rfr,v or, d i;nt�rvL.d be r i r t ieu or a..f r4e,r i ideptr.a,,; ol^lea._ r ,a. ";,istled ;...0.usr.,t..: t q;.,„k.,oce occden'5,of compgyil q wilh any s�fehy c c.--_ ,r ale r, rr� r. ',o c l e t. t t _ .p rlic. a Ir:,ris ,.rj i;;u or s t.a . t c,v.. or Iti ,t r.l^,:ere, ,!I of;rkP:on_u,rd g J^,, Phdodt Iph o tlrsurcir r Companies is the rlarke rc rear re for I lit a insu r e ran cry suk d j ie:s cl Ire Hit lac r"lr[Nr Corso'do I,d Holding Corp,c Me nuvr of II r.Fri kJo M rare:Group Your it sumrre ,,:trey, ii:r. r .c a n..,, sun .,err.; ._ .rtirc .x_.un°y ;ic� _. ".II w t. .,h+. _u_..._y _ -r,c:f t".. .e._ r:_ r., c. ..0';�-cao and your pollcw"your policy loles p eretsrrnre All cuvcrtiges ors cvoi@axle in all slates dcte�to sluts,insurer c.�ulorions Certa'ir crsvetcqeW Troy de provided by a Surplus„fines insurer Surplus iines insurers do nol ger,eraliy porticlpale in stale guoronty tuners and..irsveJ5 of, Iherelore rot proP,.ctee by such tunas. {0 201 3 Philcde.ptria Consotdateo lloldirrq"cup, Ail R g'hos Reserved. ,,;: "�SET r • • One Bala Plaza, Suite 100 PHILADELPHIA INSURANCE. COMPANIES Bala Cynwyd, Pennsylvania '19004 610.617.7900 Fax 610.617.7940. A Member of the Toldo Marine Group PH LY.oom Philadelphia Indemnity Insurance Company Commercial Lines Policy THIS POLICY CONSISTS OF: — DECLARATIONS — COMMON POLICY CONDITIONS — ONE OR MORE COVERAGE PARTS.A COVERAGE PART CONSISTS OF: • ONE OR MORE COVERAGE FORMS • APPLICABLE FORMS AND ENDORSEMENTS BJP-190-1(12-98) IN WITNESS WHEREOF,we have caused this policy to be executed and attested,and,if required by state law,this policy shall not be valid unless signed by our authorized representative. President&CEO Secretary BJP-190-1(12-98) PP 20 15 (2015) PRIVACY POLICY NOTICE Philadelphia Indemnity Insurance Company The Philadelphia Indemnity Insurance Company CPIIC'or"We")value(s)your privacy and we are committed to protecting personal information that we collect during the course of our business relationship with you. The collection,use and disclosure of certain nonpublic personal information are regulated by law.This notice is for your information only and requires no action on your part.It will inform you about the types of information that we collect and how it may be disclosed.This does not reflect a change in the way we do business or handle your Information. INFORMATION THAT WE COLLECT: We collect personal information about you from the following sources: • Applications or other forms such as claims forms or underwriting questionnaires completed by you; • Information about your transactions with us,our affiliates or others;and • Depending on the type of transaction you are conducting with us,information may be collected from consumer reporting agencies,health care providers,employers and other third parties in order to service your policy. INFORMATION THAT WE DISCLOSE: We will only disclose the Information described above to affiliates and non-affiliated third parties,as permitted by law,and when necessary to conduct our normal business activities. For example,we may make disclosures to the following types of third parties: • Your agent or broker(producer); • Parties who perform a business,professional or insurance functions for our company,including our reinsurance companies; • Independent claims adjusters,investigators,attorneys,other insurers or medical care providers who need information to investigate, defend or settle a claim involving you; • Regulatory agencies in connection with the regulation of our business;and • Lienholders,mortgagees,lessors or other persons shown on our records as having a legal or beneficial interest in your policy. We do not sell your information to others for marketing purposes.We do not disclose the personal information of persons who have ceased to be our customers. PROTECTION OF INFORMATION: We maintain physical,electronic and procedural safeguards that comply with state and federal regulations to protect the confidentiality of your personal information. We also limit employee access to personally identifiable information to those with a business reason for knowing such information. USE OF COOKIES: We may place electronic"cookies"in the browser files of your computer when you access this website. Cookies are text files placed on your computer to enable our systems to recognize your browser and to tailor the information on our website to your interests. We or our third party service providers or business partners may place cookies on your computer's hard drive to enable us to match personal information that we maintain about you so that we are able to pre-populate on-line forms with your information. We also use cookies to help us analyze use of our website to understand which areas of our site are most useful to you. You may refuse the use of cookies by selecting the appropriate settings on your browser. Please note that if you do this,you may not be able to use the full functionality of the website. YOUR RIGHTS REGARDING YOUR INFORMATION: You have the right to submit a written request for access to your recorded Personal Information.Within 30 business days of receipt of your request,we must inform you of the nature and substance of your recorded Personal Information,permit you to view and copy it in person,or receive a copy by mail of your recorded Personal Information,and receive names of persons or entities to whom we have disclosed Personal Information about you in the last two years.There are some types of information,however,to which we are not required to give you access. Information collected for the evaluation of a claim,or when the possibility of a lawsuit exists,will not be disclosed. If your records contain medical information,we may ask you to name a licensed medical professional to whom we can send such information so that it may be properly explained. You maybe charged a fee if we copy your Personal Information for you. You have the right to request that we correct,amend or delete any recorded Personal Information that you believe is inaccurate. Within 30 business days of receipt of your request,we will correct,amend or delete the inaccurate recorded Personal Information or notify you the reason(s)that we are unable to make the change. If you disagree with our decision,you have the right to submit a concise statement for your file setting forth the reasons you disagree with us and/or the correct,relevant or fair information. If you request,we will provide you with a summary of our procedures by which you may request correction,amendment or deletion of your recorded Personal Information. If we use an independent consumer reporting agency or insurance-support organization to prepare a report on you,you have the right to be personally interviewed by them.Information you give during an interview will be included in the report sent to us.If you wish to be interviewed,please tell us how the agency or organization may contact you,and every effort will be made to interview you.Even if you are not interviewed,you have the further right to request that the reporting agency or insurance-support organization provide you with a copy of the report it makes.Information obtained by a report prepared by an insurance support organization may be retained by that organization and disclosed to other persons. Write us at the address in this notice and we will give you the name and address of any agency or support organization we have used to prepare a report on you so that you can contact them directly to find out more about that report. CONTACT US: Philadelphia Indemnity Insurance Company,One Bala Plaza,Suite 100,Bala Cynwyd,PA 19004 ATTN:Chief Privacy Officer PHILADELPHIA One Bala Plaza, Suite 100 IJZ-maINSURANCE COMPANIES Bala Cynwyd; Pennsylvania 19004 610.617,7900 Fox 610.617.7940 A Member of the Tokio Marine Group PHLY.com Philadelphia Indemnity Insurance Company COMMON POLICY DECLARATIONS Policy Number: PHPK1400180 Named Insured and Mailing Address: Producer: 196 Thunderbird Hockey Enterprises, LLC BELL-ANDERSON AGENCY, INC. dba Seattle Thunderbirds 600 SW 39th St Ste 200 625 W James St Renton, WA 98057 Kent, WA 98032-4406 (425)291-5200 Policy Period From: 10/27/2015 To: 10/27/2016 at 12:01 A.M.Standard Time at your mailing address shown above. Business Description: Professional Sports IN RETURN FOR THE PAYMENT OF THE PREMIUM,AND SUBJECT TO ALL THE TERMS OF THIS POLICY,WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM Commercial Property Coverage Part 2,960.00 Commercial General Liability Coverage Part 9,212.00 Commercial Crime Coverage Part Commercial Inland Marine Coverage Part 764.00 Commercial Auto Coverage Part 4,741.00 Businessowners Workers Compensation Employee Benefits 300.00 Sexual/Physical Abuse INCLUDED Stop Gap Liability 200.00 Total $ 18,177.00 Total Includes Federal Terrorism Risk Insurance Act Coverage 58.00 FORM (S)AND ENDORSEMENT(S)MADE A PART OF THIS POLICY AT THE TIME OF ISSUE Refer To Forms Schedule 'Omits applicable Forms and Endorsements if shown in specific Coverage Parl/Coverage Form Declarations CPD-PIIC(06/14) Secretary President and CEO Philadelphia Indemnity Insurance Company Form Schedule — Policy Policy Number: PHPK1400180 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: Form Edition Description Recurring Payment Flyer 1212 Recurring Payment Flyer CSNotice-1 1014 Making Things Easier BIP-190-1 1298 Commercial Lines Policy Jacket PP2015 2015 Privacy Policy Notice CPD-PIIC 0614 Common Policy Declarations Location Schedule 0100 Location Schedule Loss Payee Schedule 0100 Loss Payee Schedule PI-BELL-1 1109 Bell Endorsement PI-CME-1 1009 Crisis Management Enhancement Endorsement IL0021 0908 Nuclear Energy Liability Exclusion Endorsement IL0123 1113 Washington Changes - Defense Costs IL0146 0810 Washington Common Policy Conditions IL0157 0702 Washington Changes -Actual Cash Value IL0198 0908 Nuclear Energy Liability Exclusion Endorsement IL0985 0108 Disclosure Pursuant To Terrorism Risk Insurance Act IL0986 0308 Excl Of Certified Acts Of Terrorism Involving Nuclear PI-AM-072 0609 Sports and Entertainment Event Protection Page 1 of 1 Philadelphia Indemnity Insurance Company Locations Schedule Policy Number: PHPK1400180 Prems. Bldg, No. No. Address 0001 0001 625 W James St Kent, WA 98032-4406 Page 1 of 1 Philadelphia Indemnity Insurance Company Loss Payee Schedule Policy Number: PHPK1400180 Lenders Loss Payable First Sound Bank 924 4th Ave Ste 2350 Seattle, WA 98164-1000 WA - Loc #1 - Bld #1 - BUSINESS PERS PROPERTY (ARENA-SPORT) WA - Loc #1 - Bid #1 - STOCK INVENTORY (ARENA-SPORT) Page 1 of 1 COMMERCIAL PROPERTY CP P 003 07 06 EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA ADVISORY NOTICE TO POLICYHOLDERS This Notice does not form a part of your insurance contract. No coverage is provided by this Notice, nor can it be construed to replace any provisions of your policy (including its endorsements). If there is any conflict between this Notice and the policy (including its endorsements), the provisions of the policy (including its endorsements) shall prevail. Carefully read your policy, including the endorsements attached to your policy. This Notice provides information concerning the following new endorsement, which applies to your new or re- newal policy being issued by us: Exclusion Of Loss Due To Virus Or Bacteria Endorsement CP 01 40 07 06 This endorsement makes an explicit statement regarding a risk that is not covered under your Commercial Prop- erty insurance. It points out that there is no coverage under such insurance for loss or damage caused by or re- sulting from any virus, bacterium or other microorganism that induces or is capable of inducing physical distress, illness or disease. The exclusion in this endorsement applies to all coverages provided by your Commercial Prop- erty insurance, including (if any) property damage and business income coverages. CP P 003 07 06 ©ISO Properties, Inc.,2006 Page 1 of 1 COMMERCIAL PROPERTY CPP011 WA0808 WATER EXCLUSION ADVISORY NOTICE TO POLICYHOLDERS This Notice does not form a part of your insurance contract. No coverage is provided by this Notice, nor can it be construed to replace any provisions of your policy (including its endorsements). If there is any conflict between this Notice and the policy (including its endorsements), the provisions of the policy (including its endorse- ments)shall prevail. Carefully read your policy, including the endorsements attached to your policy. This Notice provides information concerning the following revised endorsement, which applies to your new or renewal policy being issued by us: Washington Changes—Excluded Causes Of Loss CP 0179 08 08 This endorsement replaces the current water exclusion in your policy with a revised exclusion. The revised exclu- sion contains language reinforcing the scope of the water exclusion, and explicitly states that such exclusion applies regardless of whether the water damage is caused by an act of nature or is otherwise caused. Specific mention is made of various boundary or containment systems such as dams and levees to further highlight this point. Further, express references to tsunami, storm surge and waterborne material are also added to the exclu- sion. The exclusion in this endorsement applies to all coverages provided by your Commercial Property insurance, including(if any) property damage and business income coverages, unless stated otherwise in your policy. CP P 011 WA 08 08 0 Insurance Services Office, Inc., 2008 Page 1 of 1 Philadelphia Indemnity Insurance Company COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS Policy Number: PHPK1400180 Named Insured: Thunderbird Hockey Enterprises, LLC ® See Supplemental Schedule Agent# 196 BUSINESS DESCRIPTION: Professional Sports DESCRIPTION OF PREMISES: Prem. Bldg No. No. Location, Fire Protection/Construction and Occupancy SEE SCHEDULE ATTACHED COVERAGES PROVIDED: Insurance at the described premises applies only for coverages for which a limit of insurance is shown or for which an entry is made. Prem. Bldg. Limit of Causes of No. No. Coverage Insurance Loss Form(1) Coinsurance(2) Deductible SEE SCHEDULE ATTACHED OPTIONAL COVERAGES: Prem. Bldg. Agreed Value Replacement Cost Inflation No. No. Coverage Amount Expiration Date Incl.Stock Guard SEE SCHEDULE ATTACHED OPTIONAL COVERAGES: APPLIES TO BUSINESS INCOME ONLY Prem. Bldg. Agreed Value Agreed Value Monthly Limit of Maximum Period of Extended Period of No. No. Date Amount Indemnity(Fraction) Indemnity Indemnity(Days) SEE SCHEDULE ATTACHED DEDUCTIBLE: SEE SCHEDULE ATTACHED MORTGAGE HOLDERS: Refer To Mortgagee/Loss Payee Schedule FORM(S)AND ENDORSEMENT(S)APPLICABLE TO THIS COVERAGE PART: Refer To Forms Schedule TOTAL PREMIUM FOR THIS COVERAGE PART $ 2,960.00 (1)EQ(if shown)=Earthquake (2)Coinsurance%,Extra Expense%, Limits on Loss Payment or Value Reporting Form Symbol Countersignature Date Authorized Representative Philadelphia Indemnity Insurance Company Form Schedule — Property Policy Number: PHPK14O018O Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: FORMS APPLICABLE TO ALL PREMISES AND COVERAGES Form Edition Description CP P 003 0706 Excl of Loss Due to Virus or Bacteria Advisory Notice CP P 011 WA 0808 Water Exclusion Advisory Notice to Policyholders Property Dec 0100 Property Declarations Property Schedule 0100 Property Supplemental Schedule CP0090 0788 Commercial Property Conditions CP0126 0808 Washington Changes CP0140 0706 Exclusion Of Loss Due To Virus Or Bacteria CP0160 1298 Washington Changes-Domestic Abuse CP0179 0808 Washington Changes - Excluded Causes of Loss CP0198 0808 Washington Changes CP1220 0607 Loss Payable Provisions - Washington FORMS APPLICABLE TO SPECIFIC PREMISES AND COVERAGES Form Edition Description CP0010 0607 Building and Personal Property Coverage Form WA PREMS 001 BLDG 001 BUSINESS PERS PROPERTY STOCK INVENTORY CP0030 0607 Business Income (And Extra Expense) Coverage Form WA PREMS 001 BLDG 001 BUSINESS INCOME-BASIC CP1030 0607 Causes of Loss - Special Form WA PREMS 001 BLDG 001 BUSINESS PERS PROPERTY BUSINESS INCOME-BASIC STOCK INVENTORY PI-EPE-PS WA 1212 Elite Property Enhancement: Professional Sports PI-NP-007 0401 Loss of Income Due to Workplace Violence WA PREMS 001 BLDG 001 BUSINESS INCOME-BASIC Page 1 of 1 Philadelphia Indemnity Insurance Company COMMERCIAL PROPERTY COVERAGE PART SUPPLEMENTAL SCHEDULE Policy Number. PHPK1400180 Named Insured: Thunderbird Hockey Enterprises, LLC Agent# 196 DESCRIPTION OF PREMISES: Prem. Bldg. No. No. Location, Fire Protection/Construction and Occupancy 001 001 625 W James St Kent, WA 98032-4406 ARENA-SPORT PC 03 FIRE RESISTIVE COVERAGES PROVIDED: Insurance at the described premises applies only for coverages for which a limit of insurance is shown or for which an entry is made. Prem. , Bldg. Limit of Causes of(1) No. No. Coverage Insurance Loss Form Coinsurance(2) Deductible 002 001 BUSINESS PERS PROPERTY 324,215 SPECIAL 100% 1,000 001 001 BUSINESS INCOME-BASIC (1) 1,000,ODO SPECIAL 100% 72 HR. 001 001 STOCK INVENTORY 150,000 SPECIAL 100% 1,000 PROPERTY ELITE - PRO SPORTS OPTIONAL COVERAGES: Prem. Bldg. Agreed Value Replacement Cost Inflation No. No. Coverage Amount Expiration Date Incl. Stock Guard 001 001 BUSINESS PERS PROPERTY (X) (X) 001 001 STOCK INVENTORY W (X) OPTIONAL COVERAGES: APPLIES TO BUSINESS INCOME ONLY Prem. Bldg. Agreed Value Agreed Value Monthly Limit of Maximum Period of Extended Period of No. No. Date Amount Indemnity(Fraction) Indemnity Indemnity(Days) Deductible Exceptions: (1)EQ(if shown)=Earthquake (2)Coinsurance%,Extra Expense%,Limits on Loss Payment or Value Reporting Form Symbol (5)10%or$5,000 minimum COMMERCIAL GENERAL LIABILITY CG P 01105 09 RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION ENDORSEMENT ADVISORY NOTICE TO POLICYHOLDERS This Notice does not form a part of your insurance contract. No coverage is provided by this Notice, nor can it be construed to replace any provisions of your policy (including its endorsements). If there is any conflict between this Notice and the policy (including its endorsements), the provisions of the policy (including its endorse- ments)shall prevail. Carefully read your policy, including the endorsements attached to your policy. This Notice provides information concerning the following new endorsement, which applies to your renewal policy being issued by us: Recording And Distribution Of Material Or Information In Violation Of Law Exclusion Endorsement CG 00 68 05 09 This endorsement replaces the current Distribution Of Material In Violation Of Statutes Exclusion in your policy with a revised exclusion, newly titled Recording And Distribution Of Material Or Information In Violation Of Law Exclusion. The revised exclusion contains language that elaborates on the intent of the Distribution Of Material In Violation Of Statutes Exclusion to reflect that, in addition to the TCPA and CAN-SPAM Act of 2003, the exclusion will more explicitly exclude liability coverage for bodily injury, property damage or personal and advertising injury arising out of any action or omission that violates, or is alleged to violate, the Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA) and any other similar federal, state or local statute, ordinance or regulation concerning disposal and dissemination of personal information. CG P 011 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 Philadelphia Indemnity Insurance Company COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number: PHPK1400180 Agent# 196 ®See Supplemental Schedule LIMITS OF INSURANCE $ 3,000,000 General Aggregate Limit(Other Than Products—Completed Operations) $ 3,000,000 Products/Completed Operations Aggregate Limit (Any One Person Or Organization) $ 1,000,000 Personal and Advertising Injury Limit $ 1,000,000 Each Occurrence Limit $ n o,000 Rented To You Limit $ 0 Medical Expense Limit(Any One Person) FORM OF BUSINESS: CORPORATION Business Description: Professional Sports Location of All Premises You Own, Rent or Occupy: SEE SCHEDULE ATTACHED AUDIT PERIOD,ANNUAL, UNLESS OTHERWISE STATED: This policy is not subject to premium audit. Rates Advance Premiums Premium Prem.l ProdJ PremJ ProdJ classifications Code No. Basis O s. comp.Ops ops. comp.O s. SEE SCHEDULE ATTACHED TOTAL PREMIUM FOR THIS COVERAGE PART: $ 9,212.00 $ RETROACTIVE DATE (CG 00 02 ONLY) This insurance does not apply to"Bodily Injury", "Property Damage",or"Personal and Advertising Injury"which occurs before the retroactive date, if any, shown below. Retroactive Date: NONE FORM (S)AND ENDORSEMENT(S)APPLICABLE TO THIS COVERAGE PART: Refer To Forms Schedule Countersignature Date Authorized Representative Philadelphia Indemnity Insurance Company Form Schedule — General Liability Policy Number: PHPK1400180 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: Form Edition Description CGP011 0509 Recording and Distribution of Material or Information Gen Liab Dec 1004 Commercial General Liability Coverage Part Declaration Gen Liab Schedule 0100 General Liability Schedule CG0001 0413 Commercial General Liability Coverage Form CG0181 0508 Washington Changes CG0197 1207 WA Chgs-Employment-Related Practices Excl CG2106 0514 Excl-Access/Disclosure-With Ltd Bodily Injury Except CG2135 1001 Exclusion - Coverage C - Medical Payments CG2144 0798 Limitation of Cov to Designated Premises or Project CG2184 0108 Exclusion Of Certified Nuclear, Biological, Chemical CG2404 1093 Waiver of Transfer of Rights of Recovery Against Other CG2407 0196 Products/Completed Operations Hazard Redefined CG2408 1093 Liquor Liability CG2422 1001 Amendment of Coverage Territory-Worldwide Coverage CG2429 0913 Washington Changes - Binding Arbitration CG2677 1204 Washington - Fungi or Bacteria Exclusion PI-AM-013 0609 Athletic or Sports Participant Legal Liability PI-AM-018 0806 Changes - Who is an Insured PI-AM-021 0806 Changes in Other Insurance Condition - CGL PI-AM-023 0806 Construction Operations Limited Coverage PI-AM-040 0806 Excl of Liability Ins Afforded Under Another Policy PI-AM-046 0806 Leased Facility's Property Damage Coverage PI-AM-047 1208 Limitation of Coverage - Emergency Medical Personnel PI-AM-048 1208 Limited Excess Fireworks Coverage PI-AM-051 0806 Mandatory Accident Medical Coverage-Limitation of Cov PI-AM-066 1006 Aggregate Limit- Per Event Anti-Stacking Provision PI-AS-002 0404 Waiver and Release System PI-AS-003 0404 Exclusion-Stunt Activity PI-AS-004 0404 Min Earned Prem End Sports Activities&Special Events PI-AS-013 0404 Exclusion - Misc Activities And Devices PI-EK-007 1208 Limited Excess Amusement Device Coverage PI-EK-008 1208 Limited Excess Performer Coverage PI-GL-001 0894 Exclusion - Lead Liability PI-GL-002 0894 Exclusion -Asbestos Liability PI-GLD-PS 1212 General Liability Deluxe Endt: Professional Sports PI-MANU-1 0100 LIMITED EXCESS MOTORSPORTS,RAP/HIP-HOP,HEAVY METAL, PUNK OR FIGHTI PI-PS-002 0806 Employee Definition Amendment - Rostered Players PI-PS-005 0806 Professional Sports - All Trainers Coverage Page 1 of 1 Philadelphia Indemnity Insurance Company COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL SCHEDULE Policy Number: PHPK1400180 Agent# 196 Premium Rates Advance Premiums Basis PremJ ProdJ PremJ ProdJ Classifications Code No. Ops. Comp.O s. Ops. comp.Ops. WA PREM NO. 001 ATHLETIC TEAM-PRO/SEMI-PRO 40069 161,000 0.046 INCL 7,445 INCL ADMISSION PROD/COMP OF SUBJ TO GEN AGG LIMIT WA PREM NO. 001 RESTAURANT-OPER CONC-FP 16819 161,000 0.009 INCL 1,452 INCL ADMISSION PROD/COMP OP SUBJ TO GEN AGG LIMIT WA PREM NO. 001 FIREWORK EXHIB-SPONSR RISK-FP 43628 1 313.650 INCL 315 INCL LOCATN/DAY PROD/COMP OP SUBJ TO GEN AGG LIMIT WA LIABILITY DELUXE - PRO SPORTS INCL Philadelphia Indemnity Insurance Company COMMERCIAL INLAND MARINE COVERAGE PART DECLARATIONS Policy Number: PHPK1400180 ®See Supplemental Schedule Agent# 196 FORM OF BUSINESS: CORPORATION Business Description: Professional Sports Location of All Premises You Own, Rent or Occupy: SEE SCHEDULE ATTACHED ITEM LIMIT OF NO. INSURANCE DEDUCTIBLE DESCRIPTION SEE SCHEDULE ATTACHED DEDUCTIBLE: SEE SCHEDULE ATTACHED MORTGAGE HOLDERS: Refer To Mortgagee/Loss Payee Schedule FORM(S)AND ENDORSEMENT(S)APPLICABLE TO THIS COVERAGE PART: Refer To Forms Schedule TOTAL PREMIUM FOR THIS COVERAGE PART $ 764.00 Countersignature Date Authorized Representative Insurance Policy Philadelphia Indemnity Insurance Company Form Schedule — Inland Marine Policy Number: PHPK1400180 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: Form Edition Description Inland Marine Dec 0100 Commercial Inland Marine Coverage Part Declarations Inland Marine Schedule 0100 Inland Marine Schedule CM0001 0904 Commercial Inland Marine Conditions CM0107 0309 Washington Changes PI-CIM-032 0503 Miscellaneous Coverage Form PI-MANU-2 0100 MOLD EXCLUSION Page 1 of 1 Philadelphia Indemnity Inslurance Company COMMERCIAL INLAND MARINE COVERAGE PART SUPPLEMENTAL SCHEDULE Policy Number: PHPK1400180 Agent#: 196 For PERILS COVERED see applicable form attached. ITEM LIMIT OF ST/LOC NO. INSURANCE DEDUCTIBLE DESCRIPTION WA N/A 001 $ 100,000 1, 000 MISCELLANEOUS - NOC Page 1 of 1 Philadelphia Indemnity Insurance Company POLICY NUMBER: PHPK1400180 COMMERCIAL AUTO CA DS 03 03 10 BUSINESS AUTO (DECLARATIONS ITEM ONE Named Insured and Mailing Address: Thunderbird Hockey Enterprises, LLC dba Seattle Thunderbirds 625 W James St Kent, WA 98032-4406 Policy Period From: 10 27 2015 To: 10 27 2016 At 12:01 AM Standard Time at your mailing address shown above Previous Policy Number: PHPK1243159 Form Of Business: CORPORATION In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. Premium shown is payable at inception: $ Audit Period (If Applicable): Annually 0 Semiannually ❑ Quarterly ❑ Monthly Endorsements Attached To This Policy See Schedule Attached Countersignature Of Authorized Representative Name: Title: Signature: Date: CA DS 03 0310 0 Insurance Services Office, Inc., 2009 Page 1 of 13 13 ITEM TWO Schedule Of Coverages And Covered Autos This policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to those "autos" shown as covered "autos". "Autos" are shown as covered "autos" for a particular coverage by the entry of one or more of the symbols from the Covered Autos Section of the Business Auto Coverage Form next to the name of the coverage. Covered Coverages Autos Limit Premium Liability 01 $ 1,000,000 cSL $ 2,811.00 Personal Injury 05 Separately Stated In Each Personal $ 238.00 Protection Injury Protection Endorsement Minus (Or Equivalent $ SEE ScxEDDeductible No-fault Coverage) Added Personal Separately Stated In Each Added $ Injury Protection Personal Injury Protection (Or Equivalent Added Endorsement No-fault Coverage) Property Protection Separately Stated In The Property $ Insurance Protection Insurance Endorsement (Michigan Only) Minus $ Deductible For Each Accident Auto Medical $ $ Payments Medical Expense And Separately Stated In The Medical $ Income Loss Benefits Expense And Income Loss Benefits (Virginia Only) Endorsement Uninsured Motorists 06 $ 1,000,000 cSL $ INCL Underinsured 06 $ 1,000,000 cSL $ 310.00 Motorists (When Not Included In Uninsured Motorists Covera e Page 2 of 13 ©Insurance Services Office, Inc., 2009 CA DS 03 03 10 ITEM TWO Schedule Of Coverages And Covered Autos(Cont'd) Covered Coverages Autos Limit Premium Physical 07, 08 Actual Cash Value Or Cost Of Repair, $ 288.00 Damage Whichever Is Less, Minus Comprehensive Coverage $ SCHEDULE Deductible For Each Covered Auto, But No Deductible Applies To Loss Caused By Fire Or Lightning See Item Four for Hired or Borrowed Autos. Physical Actual Cash Value Or Cost Of Repair, $ Damage Whichever Is Less,Minus Specified $ 25 Deductible Causes Of Loss For Each Covered Auto For Loss Caused Coverage By Mischief Or Vandalism See Item Four for Hired or Borrowed Autos. Physical 07, 08 Actual Cash Value Or Cost Of Repair, $ 911.00 Damage Whichever Is Less, Minus Collision Coverage $ SCHEDULE Deductible For Each Covered Auto See Item Four for Hired or Borrowed Autos. Physical 07 $ SCHEDULE For Each $ 51.00 Damage Towing Disablement Of A Private Passenger Auto And Labor Terrorism All Per Coverage Endorsement $ 5.00 Premium For Endorsements $ 127.00 Estimated Total Premium'' $ 4,741.00 "This policy may be subject to final audit. CA DS 03 0310 ©Insurance Services Office, Inc., 2009 Page 3 of 13 ❑ ITEM THREE Schedule Of Covered Autos You Own Covered Auto Number: Town And State Where The Covered Auto Will Be Principally Garaged: SEE SCHEDULE ATTACHED Covered Auto Descri tion Year: Model: Trade Name: Body Type: Serial Number S : Vehicle Identification Number N : Purchased Original Cost New: $ Actual Cost New Or Used: $ 11 New Used Classification Business Use Size GVW, Radius s=service GCW Or Secondary Of r-retail Vehicle Seating Age Rating Operation c=commercial Capacity Group Classification Code SEE SC EDULE ATTACHED Except For Towing,All Physical Damage Loss Is Payable To You And The Loss Payee Named Below According To Their Interests In The Auto At The Time Of The Loss: SEE SCHEDULES) Page 4 of 13 ©Insurance Services Office, Inc., 2009 CA DS 03 03 10 ❑ ITEM THREE Schedule Of Covered Autos You Own (Cont'd) Coverages—Premiums, Limits And Deductibles (Absence of a deductible or limit entry in any column below means that the limit or deductible entry in the corresponding Item Two column applies instead. Coverages Limit gg Premium Liability $ SEE SCHEDULE ATTAC HED Personal Injury Stated In Each Personal Injury Protection $ Protection Endorsement Minus $ Deductible Added Personal Stated In Each Added Personal Injury $ Injury Protection Protection Endorsement Property Protection Stated In The Property Protection $ Insurance Insurance Endorsement Minus (Michigan Only) $ Deductible Auto Medical $ $ Payments Medical Expense And Stated In The Medical Expense And Income $ Income Loss Benefits Loss Benefits Endorsement For Each (Virginia Only) Person Comprehensive Stated In Item Two Minus $ $ Deductible Specified Causes Stated In Item Two Minus $ Of Loss $ 25 Deductible Collision Stated In Item Two Minus $ $ Deductible Towing And Labor $ Per Disablement $ Total Premiums SEE SCHEDULE ATTACHED Liability $ Personal Injury Protection $ Added Personal Injury Protection $ Property Protection Insurance(Michigan Only) $ Auto Medical Payments $ Medical Expense And Income Loss Benefits(Virginia Only) $ Comprehensive $ Specified Causes Of Loss $ Collision $ Towing And Labor $ CA DS 03 03 10 ©Insurance Services Office, Inc., 2009 Page 5 of 13 ❑ ITEM FOUR Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums Liability Coverage—Cost Of Hire Rating Basis For Autos Used In Your Motor Carrier Operations Other Than Mobile Or Farm E ui ment Estimated Annual Liabili Coverage Cost Of Hire For All States Premium Primary Coverage $ SEE SCHEDULE, IF APPLICABLE $ Excess Coverage $ SEE SCHEDULE, IF APPLICABLE $ Total Premium $ For"autos"used in your motor carrier operations, cost of hire means: (a) The total dollar amount of costs you incurred for the hire of automobiles(includes"trailers"and semitrailers), and if not included therein, (b) The total remunerations of all operators and drivers'helpers, of hired automobiles whether hired with a driver by lessor or an"employee"of the lessee, or any other third party, and (c) The total dollar amount of any other costs(i_e., repair, maintenance,fuel, etc.)directly associated with operating the hired automobiles whether such costs are absorbed by the"insured", paid to the lessor or owner, or paid to others. Liability Coverage—Cost of Hire Rating Basis For Autos NOT Used In Your Motor Carrier Operations Other Than Mobile Or Farm E ui ment Estimated Annual Liability Coverage State Cost Of Hire For Each State Premium Primary Coverage $ SEE SCHEDULE, IF APPLICABLE $ Excess Coverage $ SEE SCHEDULE,IF APPLICABLE $ Total Premium $ For"autos"NOT used in your motor carrier operations, cost of hire means the total amount you incur for the hire of"autos"you don't own(not including"autos"you borrow or rent from your partners or"employees"or their family members). Cost of hire does not include charges for services performed by motor carriers of property or passengers. Page 6 of 13 ©Insurance Services Office, Inc., 2009 CA DS 03 03 10 13 ITEM FOUR Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums(Cont'd) Physical Damage Coverages—Cost of Hire Rating Basis For All Autos Other Than Mobile Or Farm E ui ment Estimated Annual Cost Of Hire For Each State (Excluding Autos Coverage State Limit Of Insurance Hired With A Driver) Premium Comprehensive Actual Cash Value Or Cost Of $ $ Repair,Whichever Is Less, Minus $ Deductible See Schedule, If Applicable For Each Covered Auto, But No Deductible Applies To Loss Caused By Fire Or Lightning Specified Actual Cash Value Or Cost Of $ $ Causes Of Loss Repair,Whichever Is Less, Minus $ Deductible For Each Covered Auto For Loss Caused By Mischief Or Vandalism Collision Actual Cash Value Or Cost Of $ $ Repair,Whichever Is Less,Minus $ Deductible For Each Covered Auto Total Premium $ For Physical Damage Coverages, cost of hire means the total amount you incur for the hire of"autos"you don't own (not including"autos"you borrow or rent from your partners or"employees"or their family members). Cost of hire does not include charges for an "auto"that is leased, hired, rented or borrowed with a driver. CA DS 03 03 10 0 Insurance Services Office, Inc., 2009 Page 7 of 13 13 ITEM FOUR Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums (Cont'd) Cost Of Hire Ratina Basis For Mobile Or Farm Equipment—Other Than Physical Damage Coverages Estimated Annual Cost Of Hire For Each State Premium Coverage State Mobile Equipment Farm Equipment Mobile E ui ment Farm Equipment Liability— $ $ $ $ Primary Coverage Liability— $ $ $ $ cExx ess e See Schedule, I Applicable Personal injury $ $ $ $ Protection Medical $ $ $ $ Expense Benefits (Virginia Only) Income Loss $ $ $ $ Benefits (Virginia Only) Auto Medical $ $ $ $ Payments Total Premiums $ See Schedule,If Applicable Cost of hire means the total amount you incur for the hire of"autos"you don't own (not including "autos"you borrow or rent from your partners or"employees"or their family members). Cost of hire does not include charges for services performed by motor carriers of property or passengers. Page 8 of 13 ©Insurance Services Office, Inc., 2009 CA DS 03 03 10 0 ITEM FOUR Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums (Conrd) Cost Of Hire Rating Basis For Mobile Or Farm Equipment—Physical Damage Coverages Estimated Annual Cost Of Hire For Each State (Excluding Autos Hired With A Driver) Premium Mobile Farm Mobile Farm Coverage State Limit Of Insurance Equipment Equipment Equipment E ui ment Compre- Actual Cash Value Or $ $ $ $ hensive Cost Of Repair, Whichever Is Less,Minus $ Ded. See Schedule, If Applicable For Each Covered Auto, But No Deductible Applies To Loss Caused By Fire Or Lightning Specified Actual Cash Value Or $ $ $ $ Causes Cost Of Repair, Of Loss Whichever Is Less,Minus $ Ded. For Each Covered Auto For Loss Caused By Mischief Or Vandalism Collision Actual Cash Value Or $ $ $ $ Cost Of Repair, Whichever Is Less, Minus $ Ded. For Each Covered Auto Total Premiums $ See Sched le, If Applicable For Physical Damage Coverages, cost of hire means the total amount you incur for the hire of"autos"you don't own (not including "autos"you borrow or rent from your partners or"employees"or their family members). Cost of hire does not include charges for any auto that is leased, hired, rented or borrowed with a driver. CA DS 03 03 10 ©Insurance Services Office, Inc., 2009 Page 9 of 13 ❑ ITEM FOUR Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums(Cont'd) Rental Period Rating Basis For Mobile Or Farm Equipment Estimated Number Of Days Equipment Will Be Rented Premium Town and State Where The Job Mobile Farm Coverage Site Is Located Equipment Equipment Mobile Equipment Farm Equipment Liability—Primary $ $ Coverage Liability—Excess $ $ Coverage Personal Injury $ $ Protection Medical Expense $ $ Benefits (Virginia Only) Income Loss $ $ Benefits (Virginia Only) Auto Medical $ $ Payments Total Premiums $ $ Page 10 of 13 ©Insurance Services Office, Inc., 2009 CA DS 03 03 10 ❑ ITEM FIVE Schedule For Non-ownership Liability Named Insured's Business Rating Basis Number Premium Other Than Garage Service Number Of Employees 25 $ 203.00 Operations And Other Than Number Of Partners $ Social Service Agencies Active and Inactive Garage Service Operations Number Of Employees Whose $ Principal Duty Involves The Operation Of Autos Number Of Partners $ Active and Inactive Social Service Agencies Number Of Employees $ Number Of Volunteers Who $ Regularly Use Autos To Transport Clients Number Of Partners $ Active and Inactive Total Premium $ 203.00 ITEM SIX Schedule For Gross Receipts Or Mileage Basis Address Of Business Headquarters Location: Type Of Risk (Check one): ❑Public Autos ❑Leasing Or Rental Concerns Rating Basis (Check one): Gross Receipts (Per$100) ❑Mileage(Per Mile) Estimated Yearly Gross Receipts Or Mileage): Premiums Liabili $ Personal Injury Protection $ Added Personal Injury Protection $ Pro a Protection Insurance(Michigan Only) $ Auto Medical Payments $ Medical Expense And Income Loss Benefits (Virginia Only) $ Comprehensive $ Specified Causes Of Loss $ Collision $ Towing And Labor $ CA DS 03 03 10 ©Insurance Services Office, Inc., 2009 Page 11 of 13 ❑ ITEM SIX Schedule For Gross Receipts Or Mileage Basis(ConYd) Address Of Business Headquarters Location: Type Of Risk(Check one): Public Autos Leasing Or Rental Concerns Rating Basis (Check one): FIG ross Receipts(Per$100) Mileage(Per Mile) Estimated Yearly Gross Receipts Or Mileage): Premiums Liabil' $ Personal Injury Protection $ Added Personal Injury Protection $ Property Protection Insurance(Michigan On $ Auto Medical Payments $ Medical Expense And Income Loss Benefits (Virginia Only) $ Comprehensive $ Specified Causes Of Loss $ Collision $ Towing And Labor $ Address Of Business Headquarters Location: Type Of Risk(Check one): ❑Public Autos Leasing Or Rental Concerns Rating Basis(Check one): ❑Gross Receipts(Per$100) ❑Mileage(Per Mile) Estimated Yearly Gross Receipts Or Mileage): Premiums Liability $ Personal Injury Protection $ Added Personal Injury Protection $ Property Protection Insurance(Michigan Only) $ Auto Medical Payments $ Medical Expense And Income Loss Benefits(Virginia Only) $ Comprehensive $ Specified Causes Of Loss $ Collision $ Towing And Labor $ Page 12 of 13 ©Insurance Services Office, Inc.,2009 CA DS 03 03 10 ❑ When used as a premium basis: FOR PUBLIC AUTOS Gross receipts means the total amount earned by the named insured for transporting passengers, mail and merchandise. Gross receipts does not include: A. Amounts paid to air, sea or land carriers operating under their own permits. B. Advertising revenue. C. Taxes collected as a separate item and paid directly to the government. D. C.O.D. collections for cost of mail or merchandise including collection fees. Mileage means the total live and dead mileage of all revenue producing"autos"during the policy period. FOR RENTAL OR LEASING CONCERNS Gross receipts means the total amount earned by the named insured for the leasing or renting of "autos" to others without drivers. Mileage means the total live and dead mileage of all "autos"you leased or rented to others without drivers. CA DS 03 0310 ©Insurance Services Office, Inc., 2009 Page 13 of 13 13 Philadelphia Indemnity Insurance Company Form Schedule — Commercial Auto Policy Number: PHPK1400180 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: Form Edition Description CADS03 0310 Business Auto Declarations Auto Schedule 0100 Business Auto Schedule Hired or Borrowed Auto Sche 0706 Schedule of Hired or Borrowed Covered Auto CA0001 0310 Business Auto Coverage Form CA0135 0108 Washington Changes CA2134 0108 Washington Underinsured Motorists Coverage CA2257 0306 Washington Personal Injury Protection-Named Individual CA2393 0106 WA Exclusion of Terrorism-Nuclear/Biological/Chemical CA9923 0310 Rental Reimbursement Coverage PI-CA-001 0510 Commercial Automobile Elite Endorsement Page 1 of 1 BUSINESS AUTO SCHEDULE POLICY NUMBER: PHPK1400180 SCHEDULE OF COVERED AUTOS YOU OWN Covered DESCRIPTION TERRITORY Auto Year Model;Trade Name;Body Type Town or City&Zip where the Covered Auto No. Serial Number(S);Vehicle Identification Number IN will be Rd2dpaL garaged 1 2006 CHEVROLET Express Van, 1GCGG25V561164938 023 Kent, WA 98032 2 2014 VOLKSWAGEN TIGUAN S/SE/SEL/R—LI, WVGBV3AX-3EW562241 023 Kent, WA 98032 3 2015 SUBARU LEGACY 2.51 LTD AND, 4S3SNAL61F3023360 023 Kent, WA 98032 Covered CLASSIFICATION PURCHASED Auto Business Use Size GVW,CGW Primary Rating Factor Sec.Rating Factor No. Radius of s=sen�ice or Vehicle Age Code Original Cost New Stated Amount Operation r=relaI Group c�comml, Seating Capacity Liab. Phy.Dam. Liab. Phy.Dam. I LOCAL S 5,000 11 1.000 1.000 01199 15,000 2 3 1.000 1.000 7391 26,975 3 2 1.000 1.000 7391 26,495 Total Premium LIABILITY AUTO.HIED. MEDICAL EXPENSE AND INCOME LOSS Covered BENEFITS(VA ONLY Auto Limit Limit Stated In Each Med. No. (in thousands) Premium Limit Premium Exp.And Inc.Loss Ben. Premium End.For Each Person 1 1,000 839.00 NONE 2 1,000 817.00 NONE 3 1,000 817.00 NONE 0 6100,1012"M411 Total 2,4 7 3.0 0 �Mg"'i"?Q- ,Ly. 21 v Covered PERSONAL INJURY PROTECTION P.P.I.(Mich,Only) UNINS UREDIUN D,ERINSU RED Auto Limit stated in each P.I.P. Premium Limit stated in each Pi Limit Premium UM Ulm No. end. P.P.I.end. remum in thousands I SEE FORM(S) 114.00 1,000 8B.00 x x 2 SEE FORM(S) 62.00 1,000 111.00 x x 3 SEE FOM(S) 62.00 1,000 111,00 x x ........... 6 310.00 00 M x it238. Premium Page 1 of 2 BUSINESS .AUTO SCHEDULE POLICY NUMBER: PHPK1400180 SCHEDULE OF COVERED AUTOS YOU OWN Cont'd COMPREHENSIVE SPEC.CAUSES COLLISION Covered OF LOSS Auto Deductible Premium Premium Deductible Premium No. 1 1,000 66.00 1,000 118.00 2 1,000 85.00 1,000 360.00 3 1,000 85.00 1,000 360.00 Taalfr 236.00r` T `� fa f Qai'` i 838' 00 Premium Covered TOWING&LABOR Except for towing all physical damage lass is TOTAL. Auto payable to you and the Iris payee named. No. Limit per disablement Premium below, as interests may appear at the time of Premium the loss.. 1 50 17.00 1,242.00 2 SQ 17 00 See Schedule(s) 1,452.00 3 50 17.00 1,452.00 Total 4 w 3 '°t"`"ue.✓�i1 r� ��r*"i�f, x`n"'�"°MI¢it fs`^y d"'k t �`kwr 51.00 4,146.00 Pramium Page 2 of 2 Policy Number: PHPK1400180 Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums Coverage State Cost of Hire Deductible Rate Premium Liability Coverage WA 5,000 2.69900 $ 135 Physical Damage - Comp WA 5,000 100 1.04700 $ 52 Physical Damage - Collision WA 5,000 1,000 1.45300 $ 73 Total Premium - $ 260 Page 1 of 1 PI-EBL-001D (5/99) PHILADELPHIA INDEMNITY INSURANCE COMPANY EMPLOYEE BENEFITS ADMINISTRATION ERRORS AND OMISSIONS INSURANCE DECLARATIONS CLAIMS MADE COVERAGE POLICY NO. PHPK1400180 Effective date: 10/27/2015 12:01 A.M. Standard Time LIMIT OF LIABILITY $ 11000,000 Each Claim $ 1,000,000 Aggregate RETROACTIVE DATE This Insurance Does Not Apply to"Damages"Resulting from an "Employee Benefits Incident"Which Occurred Before the Retroactive Date, If Any, Shown Here: 10/27/2008 (Enter Date or"None" if No Retroactive Date Applies) PREMIUM COMPUTATION: Estimated Number of Employees: 25 Total Premium: $ 300 RATE—EACH EMPLOYEE 000.111 First 5,000 000.084 Next 5,000 000.056 Over 10,000 FORMS AND ENDORSEMENTS (Other-than Applicable Forms and Endorsements Shown Elsewhere in the Policy) Forms and Endorsements Applying to this Coverage Part and Made Part of this Policy at Time of Issue: SEE SCHEDULE ATTACHED THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. Page 1 of 1 Includes Copyrighted Material of the Insurance Service Office,Inc Used with its Permission Philadelphia Indemnity Insurance Company Form Schedule — Employee Benefits Policy Number: PHPK1400180 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: Form Edition Description PI-EBL-001D 0599 Employee Benefits Admin Errors And Omissions Ins Dec PI-ARB-1 0403 Binding Arbitration PI-EBL-001 0599 Employee Benefits Administration Errors and Omissions PI-PPL-001 EB 0803 Prior/Pending Litigation and Known Circumstances Excl Page 1 of 1 PI-SO-008D(11-98) POLICY DECLARATIONS PAGE SEXUAL OR PHYSICAL ABUSE OR MOLESTATION VICARIOUS LIABILITY COVERAGE FORM PLEASE READ THIS POLICY CAREFULLY. POLICY NO. PHPK1400180 Effective date: 10/27/2015 12:01 A.M. Standard Time LIMIT OF INSURANCE AGGREGATE LIMIT $ 100,000 EACH ABUSIVE CONDUCT LIMIT $ 50,000 BUSINESS DESCRIPTION Form of Business: CORPORATION Business Description: Professional Sports FORMS AND ENDORSEMENTS(Other than Applicable Forms and Endorsements Shown Elsewhere in the Policy) Forms and Endorsements Applying to this Coverage Part and Made Part of this Policy at Time of Issue: SEE SCHEDULE THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. Page 1 of 1 Includes copyright material of the Insurance Services Office, Inc. used with its permission. Philadelphia Indemnity Insurance Company Form Schedule — Sexual or Physical Abuse or Molestation Policy Number: PHPK1400180 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: Form Edition Description PI-SO-008D 1198 Policy Dec - Sexual or Physical Abuse or Molestation PI-ARB-1 0403 Binding Arbitration PI-SO-008 0199 Sexual or Physical Abuse or Molest Liab - Occurrence PI-SO-013 0205 Employee Defense Coverage Page 1 of 1 PI-SGL-001 (5/94) STOP GAP LIABILITY COVERAGE PART DECLARATIONS POLICY NO. PHPK1400180 EFFECTIVE DATE: 10/27/2015 12:01 AM STANDARD TIME LIMITS OF INSURANCE: Each Person $ 1,000,000 Each Occurrence $ 1,000,000 Bodily Injury by Disease Aggregate $ 1,000,000 DESIGNATED STATES,TERRITORY OR POSSESSION: Washington CLASSIFICATION OF OPERATIONS PREMIUM BASIS RATES ADVANCE PREMIUMS BODILY INJURY BODILY INJURY TOTAL PAYROLL PER$100 OF TOTAL PAYROLL STOP GAP LIABILITY $ 1,209,000 $ 200.00 TOTAL ADVANCE $ 200.00 MINIMUM PREMIUM$ 200.00 PREMIUMS FORMS AND ENDORSEMENTS (OTHER THAN APPLICABLE FORMS AND ENDORSEMENTS SHOWN ELSEWHERE IN THE POLICY): SEE SCHEDULE ATTACHED THESE DECLARATIONS AND THE GENERAL PROVISIONS,IF APPLICABLE,TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S)AND FORMS AND ENDORSEMENTS,IF ANY,ISSUED TO FORM A PART THEREOF,COMPLETE THE ABOVE NUMBERED POLICY. Page 1 of 1 Includes copyright material of the Insurance Services Office,Inc.used with its permission. Philadelphia Indemnity Insurance Company Form Schedule — Stop Gap Policy Number: PHPK1400180 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: Form Edition Description PI-SGL-001 0594 Stop Gap Liability Coverage Part Declarations PI-SGL-002 0594 Stop Gap Liability Coverage Page 1 of 1 PI-BELL-1 (11/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BELL ENDORSEMENT One Bala Plaza, Suite 100PHILADELPHIA INSURANCE COMPANIES Bala Cynwyd, Pennsylvania 19004 b 10.b 17.7900 Fax b 10.617.7940 A Member of the ToW Marine Group PH LY.corn Unless otherwise stated herein, the terms, conditions, exclusions and other limitations set forth in this endorsement are solely applicable to coverage afforded by this endorsement, and the policy is amended as follows: i. SCHEDULE OF ADDITIONAL COVERAGES AND LIMITS The following is a summary of Limits of Liability or Limits of Insurance and/or additional coverages provided by this endorsement. This endorsement is subject to the provisions of the policy to which it is attached. COVERAGE LIMITS OF INSURANCE Business Travel Accident Benefit $50,000 Conference Cancellation $25,000 Donation Assurance $50,000 Emergency Real Estate Consulting Fee $50,000 Fundraising Event Blackout $25,000 Identity Theft Expense $50,000 Image Restoration and Counseling $50,000 Key Individual Replacement Expenses $50,000 Kidnap Expense $50,000 Political Unrest $5,000 per employee: $25,000 policy limit Temporary Meeting Space Reimbursement $25,000 Terrorism Travel Reimbursement $50,000 Travel Delay Reimbursement $1,500 Workplace Violence Counseling $50,000 Page 1 of 8 ©2009 Philadelphia Insurance Companies PI-BELL-1 (11/09) II. CONDITIONS A. Applicability of Coverage Coverage provided by your policy and any endorsements attached thereto is amended by this endorsement where applicable. B. Limits of Liability or Limits of Insurance 1. When coverage is provided by this endorsement and another coverage form or endorsement attached to this policy,the greater limits of liability or limits of insurance will apply. In no instance will multiple limits apply to coverages which may be duplicated within this policy. Additionally, if this policy and any other coverage part or policy issued to you by us, or any company affiliated with us,apply to the same occurrence,offense,wrongful act, accident or loss,the maximum limits of liability or limits of insurance under all such coverage parts or policies combined shall not exceed the highest applicable limits of liability or limits of insurance under any one coverage part or policy. 2. Limits of liability or limits of insurance identified in Section I. SCHEDULE OF ADDITIONAL COVERAGES AND LIMITS above are not excess of, but are in addition to the applicable Limits of Liability or Limits of Insurance stated in the Declarations. C. Claim Expenses Coverages provided herein are not applicable to the generation of claim adjustment costs by you; such as fees you may incur by retaining a public adjuster or appraiser. III. ADDITIONAL COVERAGES A. Business Travel Accident Benefit We will pay a Business Travel Accident Benefit to the insured if a director or officer suffers injury or death while traveling on a common carrier for your business during the policy period. For the purpose of Business Travel Accident Benefit coverage, injury means: 1. Physical damage to the body caused by violence,fracture, or an accident that results in loss of life not later than one hundred eighty(180)days after the policy expiration,the date of cancellation or the date of non-renewal; 2. Accidental loss of limbs or multiple fingers; 3. Total loss of sight, speech or hearing. The limit of insurance for this coverage is$50,000 per policy period for all insureds combined. No deductible applies to this coverage. The Business Travel Accident Benefit shall not be payable if the cause of the injury was: 1. An intentional act by the insured; 2. An act of suicide or attempted suicide; 3. An act of war; or 4. A disease process. Page 2 of 8 0 2009 Philadelphia Insurance Companies PI-BELL-1 (11/09) B. Conference Cancellation We will reimburse the insured for any business-related conference expenses, paid by the insured and not otherwise reimbursed,for a canceled conference that an employee was scheduled to attend. The cancellation must be due directly to a"natural catastrophe"or a "communicable disease"outbreak that forces the cancellation of the conference. With respect to a conference cancellation claim, it is further agreed as follows: 1. The insured employee must have registered for the conference at least thirty(30)days prior to the cancellation;and 2. The cancellation must be ordered by a local, state or federal Board of Health or other governmental authority having jurisdiction over the location of the conference. The limit of insurance for this coverage is$25,000 per policy period for all insureds combined. No deductible applies to this coverage. C. Donation Assurance If the insured is a 501(c)(3)status non-profit organization as defined in the United States Internal Revenue Code,we will reimburse the insured for"failed donation claim(s)." With respect to any"failed donation claim," it is further agreed as follows: 1. The donor must not have been in bankruptcy, nor have filed for bankruptcy or reorganization in the past seven(7)years prior to the time said pledge was made to the insured; 2. For non-cash donations, our payment of a"failed donation claim"shall be based on the fair market value of said non-cash donation at the time of the"failed donation claim"; 3. In the case of unemployment or incapacitation of a natural person donor and as a condition of payment of the"failed donation claim": a. Neither the natural person donor nor the insured shall have had reason to believe the donor would become unemployed or incapacitated subsequent to the donation date; and b. The donor shall be unemployed for at least sixty(60)days prior to a claim being submitted by the insured; 4. No coverage shall be afforded for a written pledge of funds or other measurable,tangible property to the insured dated prior to the policy period;and 5. A donation amount which is to be collected by the insured over more than a twelve(12) month period shall be deemed a single donation. The limit of insurance for this coverage is$50,000 per policy period for all insureds combined. No deductible applies to this coverage. D. Emergency Real Estate Consulting Fee We will reimburse the insured any realtor's fee or real estate consultant's fee necessitated by the insured's need to relocate due to the"unforeseeable destruction"of the insured's"principal location" listed in the Declarations during the policy period. The limit of insurance for this Page 3 of 8 0 2009 Philadelphia Insurance Companies PI-BELL-1 (11/09) coverage is$50,000 per policy period for all insureds combined. No deductible applies to this coverage. E. Fundraising Event Blackout We will reimburse the insured for"fundraising expenses"that are incurred due to the cancellation of a fundraising event caused by the lack of electric supply resulting in a power outage, provided the fundraising event is not re-scheduled. The fundraising event must have been planned at least thirty(30)days prior to the power outage. The limit of insurance for this coverage is$25,000 per policy period for all insureds combined. No deductible applies to this coverage. F. Identity Theft Expense We will reimburse any present director or officer of the named insured for"identity theft expenses" incurred as the direct result of any"identity theft"first discovered and reported during the policy period;provided that it began to occur subsequent to the effective date of the insured's first policy with us. The limit of insurance for this coverage is$50,000 per policy period for all insureds combined. No deductible applies to this coverage. G. Image Restoration and Counseling We will reimburse the insured for expenses incurred for image restoration and counseling arising out of"improper acts"by any natural person. Covered expenses are limited to: 1. The costs of rehabilitation and counseling for the accused natural person insured, provided the natural person insured is not ultimately found guilty of criminal conduct;this reimbursement to occur after acquittal of the natural person insured; 2. The costs charged by a recruiter or expended on advertising,for replacing an officer as a result of"improper acts"; and 3. The costs of restoring the named insured's reputation and consumer confidence through image consulting. The limit of insurance for this coverage is$50,000 per policy period for all insureds combined. No deductible applies to this coverage- H. Key Individual Replacement Expenses We will pay"key individual replacement expenses"if the Chief Executive Officer or Executive Director suffers an"injury"during the policy period which results in the loss of life during the policy period. The limit of insurance for this coverage is the lesser of$50,000 or ten (10)times the annual premium paid for this policy. No deductible applies to this coverage. I. Kidnap Expense We will pay on behalf of any director or officer of the insured, reasonable fees incurred as a result of the kidnapping of them or their spouse,"domestic partner," parent or child during the policy period. Coverage will not apply to any kidnapping by or at the direction of any present or former family member of the victim. Reasonable fees will include: Page 4 of 8 ©2009 Philadelphia Insurance Companies PI-BELL-1 (11/09) 1. Fees and costs of independent negotiators; 2. Interest costs for any loan from a financial institution taken by you to pay a ransom demand or extortion threat; 3. Travel costs and accommodations incurred by the named insured; 4. Reward money paid to an informant which leads to the arrest and conviction of parties responsible for loss covered under this insurance; and 5. Salary, commissions and other financial benefits paid by you to a director or officer. Such compensation applies at the level in effect on the date of the kidnap and ends upon the earliest of: a. Up to thirty(30)days after their release, if the director or officer has not yet returned to work; b. Discovery of their death; c. One hundred twenty(120)days after the last credible evidence following abduction that they are still alive; or d. Twelve(12)months after the date of the kidnapping. The limit of insurance for this coverage is$50,000 each policy period for all insureds combined. No deductible applies to this coverage. J. Political Unrest Coverage We will reimburse any present director, officer, employee or volunteer of the named insured while traveling outside the United States of America for"emergency evacuation expenses"that are incurred as a result of an incident of"political unrest." This"political unrest" must occur during the policy period. No coverage is granted for travel to countries in a state of"political unrest"at the time of departure of the travel. The limit of insurance for this coverage is$5,000 per covered person, subject to a maximum of$25,000 per policy period for all insureds combined. No deductible applies to this coverage. K. Temporary Meeting Space Reimbursement We will reimburse the insured for rental of meeting space which is necessitated by the temporary unavailability of the insured's primary office space due to the failure of a climate control system, or leakage of a hot water heater during the policy period. Coverage will exist only for the renting of temporary meeting space required for meeting with parties who are not insured under this policy. The limit of insurance for this coverage is$25,000 per policy period for all insureds combined. No deductible applies to this coverage. L. Terrorism Travel Reimbursement We will reimburse any present director or officer of the named insured in the event of a "certified act of terrorism"during the policy period which necessitates that he/she incurs "emergency travel expenses_" The limit of insurance for this coverage is$50,000 per policy period for all insureds combined_ No deductible applies to this coverage. Page 5 of 8 0 2009 Philadelphia Insurance Companies PI-BELL-1 (11/09) M. Travel Delay Reimbursement We will reimburse any present director or officer of the named insured for any"non- reimbursable expenses"they incur as a result of the cancellation of any regularly scheduled business travel on a common carrier. The limit of insurance for this coverage is$1,500 per policy period for all insureds combined. A seventy-two(72)hour waiting period deductible applies to this coverage. N. Workplace Violence Counseling We will reimburse the insured for emotional counseling expenses incurred directly as a result of a"workplace violence" incident at any of the insured's premises during the policy period. The emotional counseling expenses incurred must have been for: 1. Your employees who were victims of, or witnesses to the"workplace violence"; 2. The spouse, "domestic partner,"parents or children of your employees who were victims of, or witnesses to the"workplace violence";and 3. Any other person or persons who directly witnessed the"workplace violence" incident. The limit of insurance for this coverage is$50,000 per policy period for all insureds combined. No deductible applies to this coverage. IV. DEFINITIONS For the purpose of this endorsement, the following definitions apply: A. "Certified act of terrorism"means any act so defined under the Terrorism Risk Insurance Act, and its amendments or extensions. B. "Communicable disease"means an illness, sickness, condition or an interruption or disorder of body functions, systems or organs that is transmissible by an infection or a contagion directly or indirectly through human contact, or contact with human fluids,waste, or similar agent, such as, but not limited to Meningitis, Measles or Legionnaire's Disease. C. "Domestic partner"means any person who qualifies as a domestic partner under the provisions of any federal, state or local statute or regulation, or under the terms and provisions of any employee benefit or other program established by the named insured. D. "Emergency evacuation expenses"mean: 1. Additional lodging expenses; 2. Additional transportation costs; 3. The cost of obtaining replacements of lost or stolen travel documents necessary for evacuation from the area of"political unrest"; and 4. Translation services, message transmittals and other communication expenses. provided that these expenses are not otherwise reimbursable. E. "Emergency travel expenses"mean: Page 6 of 8 ©2009 Philadelphia Insurance Companies PI-BELL-1 (11109) 1. Hotel expenses incurred which directly result from the cancellation of a scheduled transport by a commercial transportation carrier, resulting directly from and within forty-eight(48) hours of a"certified act of terrorism"; and 2. The increased amount incurred which may result from re-scheduling comparable transport, to replace a similarly scheduled transport canceled by a commercial transportation carrier in direct response to a"certified act of terrorism"; provided that these expenses are not otherwise reimbursable. F. "Failed donation claim"means written notice to the insured during the policy period of: 1. The bankruptcy or reorganization of any donor whereby such bankruptcy or reorganization prevents the donor from honoring a prior written pledge of funds or other measurable, tangible property to the insured; or 2. The unemployment or incapacitation of a natural person donor preventing him/her from honoring a prior written pledge of funds or other measurable,tangible property to the insured. G. "Fundraising expenses"mean deposits forfeited and other charges paid by you for catering services, property and equipment rentals and related transport,venue rentals, accommodations (including travel), and entertainment expenses less any deposits or other fees refunded or refundable to you. H. "Identity theft"means the act of knowingly transferring or using,without lawful authority, a means of identification of any director or officer(or spouse or"domestic partner"thereof)of the named insured with the intent to commit, or to aid or abet another to commit, any unlawful activity that constitutes a violation of federal law or a felony under any applicable state or local law. I. "Identity theft expenses" mean: 1. Costs for notarizing affidavits or similar documents attesting to fraud required by financial institutions or similar credit grantors or credit agencies; 2. Costs for certified mail to law enforcement agencies, credit agencies,financial institutions or similar credit grantors; and 3. Loan application fees for re-applying for a loan or loans when the original application is rejected solely because the lender received incorrect credit information. J. "Improper acts"means any actual or alleged act of: 1. Sexual abuse; 2. Sexual intimacy; 3. Sexual molestation; or 4. Sexual assault; committed by an insured against any natural person who is not an insured. Such"improper acts"must have been committed by the insured while in his or her capacity as an insured. K. "Injury"whenever used in this endorsement, other than in Section III.A. Business Travel, Page 7of8 0 2009 Philadelphia Insurance Companies PI-BELL-1 (11/09) means any physical damage to the body caused by violence,fracture or an accident. L. "Key individual replacement expenses"mean the following necessary expenses: 1. Costs of advertising the employment position opening; 2. Travel, lodging, meal and entertainment expenses incurred in interviewing job applicants for the employment position opening; and 3. Miscellaneous extra expenses incurred in finding, interviewing and negotiating with the job applicants, including, but not limited to, overtime pay, costs to verify the background and references of the applicants and legal expenses incurred to draw up an employment contract. M. "Natural catastrophe"means hurricane,tornado,earthquake or flood. N. "Non-reimbursable expenses" means the following travel-related expenses incurred after a seventy-two(72)hour waiting period, beginning from the time documented on the proof of cancellation, and for which your director or officer produces a receipt: 1. Meals and lodging; 2. Alternative transportation; 3. Clothing and necessary toiletries; and 4. Emergency prescription and non-prescription drug expenses. O. "Political unrest"means: 1. A short-term condition of disturbance,turmoil or agitation within a foreign country that poses imminent risks to the security of citizens of the United States; 2. A long-term condition of disturbance, turmoil or agitation that makes a foreign country dangerous or unstable for citizens of the United States; or 3. A condition of disturbance,turmoil or agitation in a foreign country that constrains the United States Government's ability to assist citizens of the United States, due to the closure or inaccessibility of an embassy or consulate or because of a reduction of its staff for which either an alert or travel warning has been issued by the United States Department of State. P. "Principal location"means the headquarters, home office or main location where most business is substantially conducted. Q. "Unforeseeable destruction" means damage resulting from a"certified act of terrorism,"fire, collision or collapse which renders all of the insured's"principal locations" completely unusable. R. "Workplace violence"means any intentional use of or threat to use deadly force by any person with intent to cause harm and that results in bodily"injury"or death of any person while on the insured's premises. Page 8 of 8 ©2009 Philadelphia Insurance Companies PI-CME-1 (10109) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CRISIS MANAGEMENT ENHANCEMENT ENDORSEMENT Unless otherwise stated herein,the terms, conditions, exclusions and other limitations set forth in this endorsement are solely applicable to coverage afforded by this endorsement, and the policy is amended as follows: Solely for the purpose of this endorsement: 1)The words "you"and"your"refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. 2)The words"we,""us"and"our" refer to the company providing this insurance. I. SCHEDULE OF ADDITIONAL COVERAGE AND LIMITS The following is the Limit of Liability provided by this endorsement. This endorsement is subject to the provisions of the policy to which it is attached. Crisis Management Expense $25,000 11. CONDITIONS A. Applicability of Coverage Coverage provided by your policy and any endorsements attached thereto is amended by this endorsement where applicable. All other terms and conditions of the policy or coverage part to which this endorsement is attached remain unchanged. B. Limits of Liability or Limits of Insurance When coverage is provided by this endorsement and any other coverage form or endorsement attached to this policy,we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance,whether you can collect on it or not. But we will not pay more than the applicable Limit of Liability or Limit of Insurance. C. Claim Expenses Coverages provided herein are not applicable to the generation of claim adjustment costs by you; such as fees you may incur by retaining a public adjuster or appraiser. Ill. ADDITIONAL COVERAGES A. We will reimburse you for"crisis management emergency response expenses"incurred because of an"incident"giving rise to a"crisis"to which this insurance applies. The amount of such reimbursement is limited as described in Section 11.CONDITIONS, B. Limits of Liability or Limits of Insurance. No other obligation or liability to pay sums or perform acts or services is covered. B. We will reimburse only those"crisis management emergency response expenses"which are incurred during the policy period as shown in the Declarations of the policy to which this coverage is attached and reported to us within six(6)months of the date the"crisis"was initiated. Page 1 of 2 PI-CME-1 (10/09) IV. DEFINITIONS A. "Crisis" means the public announcement that an "incident" occurred on your premises or at an event sponsored by you. B. "Crisis management emergency response expenses" mean those expenses incurred for services provided by a "crisis management firm." However, "crisis management emergency response expenses" shall not include compensation, fees, benefits, overhead, charges or expenses of any insured or any of your employees, nor shall "crisis management emergency response expenses" include any expenses that are payable on your behalf or reimbursable to you under any other valid and collectible insurance. C. "Crisis management firm" means any service provider you hire that is acceptable to us. Our consent will not be unreasonably withheld. D. "Incident" means an accident or other event, including the accidental discharge of pollutants, resulting in death or serious bodily injury to three or more persons. E. "Serious bodily injury" means any injury to a person that creates a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Page 2 of 2 IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: C. Under any Liability Coverage, to "bodily injury" A. Under any Liability Coverage, to "bodily injury" oor us propertydamage" resulting Ming from f"hazard- or property damage (1) With respect to which an "insured" under (1) The"nuclear material'(a) is at any"nuclear the policy is also an insured under a nu- facility"owned by, or operated by or on be- clear energy liability policy issued by Nu- half of, an "insured" or (b) has been dis- clear Energy Liability Insurance Associa- charged or dispersed therefrom; tion, Mutual Atomic Energy Liability (2) The "nuclear material' is contained in Underwriters, Nuclear Insurance Associa- "spent fuel" or "waste" at any time pos- tion of Canada or any of their successors, sessed, handled, used, processed, stored, or would be an insured under any such pol- transported or disposed of, by or on behalf icy but for its termination upon exhaustion of an"insured'; or of its limit of liability; or (3) The "bodily injury" or "property damage" (2) Resulting from the "hazardous properties" arises out of the furnishing by an "insured" of "nuclear material" and with respect to of services, materials, parts or equipment in which (a) any person or organization is re- connection with the planning, construction, quired to maintain financial protection pur- maintenance, operation or use of any "nu- suant to the Atomic Energy Act of 1954, or clear facility", but if such facility is located any law amendatory thereof, or (b) the "in- within the United States of America, its terri- sured" is, or had this policy not been issued tories or possessions or Canada, this ex- would be, entitled to indemnity from the clusion (3) applies only to "property dam- United States of America, or any agency age" to such "nuclear facility" and any thereof, under any agreement entered into property thereat. by the United States of America, or any 2. As used in this endorsement: agency thereof, with any person or organi- zation. "Hazardous properties" includes radioactive, toxic B. Under any Medical Payments coverage, to or explosive properties. expenses incurred with respect to "bodily in- "Nuclear material" means "source material", "spe- jury" resulting from the "hazardous properties" cial nuclear material" or"by-product material". of"nuclear material" and arising out of the op- eration of a "nuclear facility" by any person or organization. IL 00 2109 08 ©ISO Properties, Inc., 2007 Page 1 of 2 13 "Source material", "special nuclear material", and (c) Any equipment or device used for the proc- "by-product material" have the meanings given essing, fabricating or alloying of "special them in the Atomic Energy Act of 1954 or in any nuclear material" if at any time the total law amendatory thereof. amount of such material in the custody of "Spent fuel" means any fuel element or fuel com- the "insured" at the premises where such ponent, solid or liquid,which has been used or ex- equipment or device is located consists of posed to radiation in a"nuclear reactor'. or contains more than 25 grams of pluto- nium or uranium 233 or any combination "Waste" means any waste material (a) containing thereof, or more than 260 grams of uranium "by-product material" other than the tailings or 235; wastes produced by the extraction or concentra- tion of uranium or thorium from any ore processed (d) Any structure, basin, excavation, premises primarily for its "source material" content, and (b) or place prepared or used for the storage or resulting from the operation by any person or or- disposal of'Waste"; ganization of any "nuclear facility" included under and includes the site on which any of the foregoing the first two paragraphs of the definition of "nu- is located, all operations conducted on such site clear facility". and all premises used for such operations. "Nuclear facility"means: "Nuclear reactor' means any apparatus designed (a) Any"nuclear reactor; or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical (b) Any equipment or device designed or used mass of fissionable material. for(1)separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent "Property damage" includes all forms of radioac- fuel", or(3) handling, processing or packag- tive contamination of property. ing "waste"; Page 2 of 2 ©ISO Properties, Inc., 2007 IL 00 21 09 08 13 IL 01 23 11 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES - DEFENSE COSTS This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART—LEGAL LIABILITY COVERAGE FORM COMMERCIAL PROPERTY COVERAGE PART—MORTGAGEHOLDER'S ERRORS AND OMISSIONS COVERAGE FORM ELECTRONIC DATA LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK COVERAGE PART A. The provisions of Paragraph B. are added to all 5. Coverage C — Mortgageholders Liability under Insuring Agreements that set forth a duty to the Mortgageholders Errors And Omissions defend under: Coverage Form. 1. Section I of the Commercial General Liability, Paragraph B.also applies to any other provision in Commercial Liability Umbrella, Electronic Data the policy that sets forth a duty to defend. Liability Farm, Liquor Liability, Owners And B. If we initially defend an insured ("insured") or pay Contractors Protective Liability, Pollution for an insured's ("insured's") defense but later Liability, Products/Completed Operations determine that none of the claims ("claims"), for Liability, Product Withdrawal, Medical which we provided a defense or defense costs, Professional Liability, Railroad Protective are covered under this insurance, we have the Liability and Underground Storage Tank right to reimbursement for the defense costs we Coverage Parts, Auto Dealers Coverage Form have incurred. and the Farm Umbrella Liability Policy; 2 The right to reimbursement under this provision . Section II under the Auto Dealers, Business Auto and Motor Carrier Coverage Forms; will only apply to the costs we have incurred after we notify you in writing that there may not be 3. Section III under the Auto Dealers and Motor coverage and that we are reserving our rights to Carrier Coverage Forms; terminate the defense or the payment of defense 4. Section A. Coverage under the Legal Liability costs and to seek reimbursement for defense Coverage Form; and costs. IL 01 23 11 13 ©Insurance Services Office, Inc., 2013 Page 1 of 1 IL 01 46 08 10 WASHINGTON COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. The conditions in this endorsement replace any 3. We may cancel the Commercial Property similar conditions in the policy that are less favorable Coverage Part and the Capital Assets Program to the insured. (Output Policy) Coverage Part, if made a part A. Cancellation of this policy, by mailing or delivering to the first Named Insured and the first Named Insured's 1. The first Named Insured shown in the agent or broker written notice of cancellation at Declarations may cancel this policy by notifying least five days before the effective date of us or the insurance producer in one of the cancellation for any structure where two or following ways: more of the following conditions exist: a. Written notice by mail, fax or e-mail; a. Without reasonable explanation, the b. Surrender of the policy or binder, or structure is unoccupied for more than 60 c. Verbal notice. consecutive days, or at least 65% of the rental units are unoccupied for more than Upon receipt of such notice, we will cancel this 120 consecutive days, unless the structure policy or any binder issued as evidence of is maintained for seasonal occupancy or is coverage,effective on the later of the following: under construction or repair; a. The date on which notice is received or the b. Without reasonable explanation, progress policy or binder is surrendered; or toward completion of permanent repairs to b. The date of cancellation requested by the the structure has not occurred within 60 first Named Insured. days after receipt of funds following 2. We may cancel this policy by mailing or satisfactory adjustment or adjudication of delivering to the first Named Insured and the loss resulting from a fire; first Named Insured's agent or broker written c. Because of its physical condition, the notice of cancellation, including the actual structure is in danger of collapse; reason for the cancellation, to the last mailing d. Because of its physical condition, a address known to us, at least: vacation or demolition order has been a. 10 days before the effective date of issued for the structure, or it has been cancellation if we cancel for nonpayment of declared unsafe in accordance with premium; or applicable law; b. 45 days before the effective date of e. Fixed and salvageable items have been cancellation if we cancel for any other removed from the structure, indicating an reason; intent to vacate the structure; except as provided in Paragraphs 3. and 4. f. Without reasonable explanation, heat, below. water, sewer and electricity are not furnished for the structure for 60 consecutive days; or g. The structure is not maintained in substantial compliance with fire, safety and building codes. IL 0146 0810 ©Insurance Services Office, Inc., 2010 Page 1 of 4 ❑ 4. If: 7. If this policy is cancelled, we will send the first a. You are an individual; Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first b. A covered auto you own is of the "private Named Insured cancels, the refund will be at passenger type'; and least 90% of the pro rata refund unless the c. The policy does not cover garage, following applies: automobile sales agency, repair shop, a. For Division Two — Equipment Breakdown, service station or public parking place if the first Named Insured cancels, the operations hazards; refund will be at least 75% of the pro rata we may cancel the Commercial Automobile refund. Coverage Part by mailing or delivering to the b. If: first Named Insured and the first Named Insured's agent or broker written notice of (1) You are an individual; cancellation, including the actual reason for (2) A covered auto you own is of the cancellation, to the last mailing address known "private passenger type'; to us: (3) The policy does not cover garage, a. At least 10 days before the effective date of automobile sales agency, repair shop, cancellation if we cancel for nonpayment of service station or public parking place premium; or operations hazards; and b. At least 10 days before the effective date of (4) The first Named Insured cancels; cancellation for any other reason if the the refund will be not less than 90% of any policy is in effect less than 30 days;or unearned portion not exceeding $100, plus c. At least 20 days before the effective date of 95% of any unearned portion over$100 but cancellation for other than nonpayment if not exceeding $500, and not less than 97% the policy is in effect 30 days or more; or of any unearned portion in excess of$500. d. At least 20 days before the effective date of The cancellation will be effective even if we cancellation if the policy is in effect for 60 have not made or offered a refund. days or more or is a renewal or continuation 8, If notice is mailed, proof of mailing will be policy, and the reason for cancellation is sufficient proof of notice. that your driver's license or that of any driver who customarily uses a covered B. Changes "auto" has been suspended or revoked The policy contains all the agreements between during policy period_ you and us concerning the insurance afforded. 5. We will also mail or deliver to any mortgage The first Named Insured shown in the Declarations holder, pledgee or other person shown in this is authorized to make changes in the terms of this policy to have an interest in any loss which policy with our consent. This policy's terms can be may occur under this policy, at their last amended or waived only by endorsement issued mailing address known to us, written notice of by us and made a part of this policy. cancellation, prior to the effective date of C. Examination Of Your Books And Records cancellation. If cancellation is for reasons other We may examine and audit your books and than those contained in Paragraph A.3. above, records as they relate to this policy at any time this notice will be the same as that mailed or during the policy period and up to three years delivered to the first Named Insured. If afterward. cancellation is for a reason contained in Paragraph A.3. above, we will mail or deliver D. Inspection And Surveys this notice at least 20 days prior to the effective 1. We have the right to: date of cancellation. a. Make inspections and surveys at any time; 6. Notice of cancellation will state the effective date of cancellation. The policy period will end b. Give you reports on the conditions we find; on that date. and c. Recommend changes. Page 2 of 4 0 Insurance Services Office, Inc., 2010 IL 0146 0810 ❑ 2. We are not obligated to make any inspections, G. Nonrenewal surveys, reports or recommendations, and any 1. We may elect not to renew this policy by such actions we do undertake relate only to mailing or delivering written notice of insurability and the premiums to be charged. nonrenewal, stating the reasons for We do not make safety inspections. We do not undertake to perform the duty of any person or nonrenewal,to the first Named Insured and the first Named Insured's agent or broker, at their organization to provide for the health or safety of workers or the public.And we do not warrant last mailing addresses known to us. We will also mail to any mortgage holder, pledgee or that conditions: other person shown in this policy to have an a. Are safe or healthful; or interest in any loss which may occur under this b. Comply with laws, regulations, codes or policy, at their last mailing address known to standards. us, written notice of nonrenewal. We will mail or deliver these notices at least 45 days before 3. Paragraphs 1.and 2. of this condition apply not the: only to us, but also to any rating, advisory, rate a. Expiration of the policy; or service or similar organization which makes insurance inspections, surveys, reports or b. Anniversary date of this policy if this policy recommendations. has been written for a term of more than 4. Paragraph 2. of this condition does not apply to one year. any inspections, surveys, reports or Otherwise,we will renew this policy unless: recommendations we may make relative to a. The first Named Insured fails to pay the certification, under state or municipal statutes, renewal premium after we have expressed ordinances or regulations, of boilers, pressure our willingness to renew, including a vessels or elevators, statement of the renewal premium, to the E. Premiums first Named Insured and the first Named The first Named Insured shown in the Insured's insurance agent or broker,at least Declarations: 20 days before the expiration date; 1. Is responsible for the payment of all premiums; b. Other coverage acceptable to the insured and has been procured prior to the expiration 2. Will be the payee for any return premiums we date of the policy; or pay. C. The policy clearly states that it is not renewable and is for a speck line, F. Transfer Of Your Rights And Duties Under This subclassification, or type of coverage that is Policy not offered on a renewable basis. Your rights and duties under this policy may not be 2. If: transferred without our written consent except in the case of death of an individual Named Insured. a. You are an individual; If you die, your rights and duties will be transferred b. A covered auto you own is of the "private to your legal representative but only while acting passenger type'; and within the scope of duties as your legal c. The policy does not cover garage, representative. Until your legal representative is automobile sales agency, repair shop, appointed, anyone having proper temporary service station or public parking place custody of your property will have your rights and operations hazards; duties but only with respect to that property. IL 01 46 08 10 ©Insurance Services Office, Inc., 2010 Page 3 of 4 0 the following applies to nonrenewal of the b. We will not refuse to renew Liability Commercial Automobile Coverage Part in Coverage or Collision Coverage solely place of GA.: because an "insured" has submitted claims a. We may elect not to renew or continue this under Comprehensive Coverage or Towing policy by mailing or delivering to you and And Labor Coverage. your agent or broker written notice at least c. If we fail to mail or deliver proper notice of 20 days before the end of the policy period, nonrenewal and you obtain other insurance, including the actual reason for nonrenewal. this policy will end on the effective date of If the policy period is more than one year, that insurance. we will have the right not to renew or continue it only at an anniversary of its original effective date. If we offer to renew or continue and you do not accept, this policy will terminate at the end of the current policy period. Failure to pay the required renewal or continuation premium when due shall mean that you have not accepted our offer. Page 4 of 4 0 Insurance Services Office, Inc., 2010 IL 0146 08 10 13 IL 01 57 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES - ACTUAL CASH VALUE This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM(OUTPUT POLICY)COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART The following is added: The term actual cash value means: a. When the damage to property is economically repairable, actual cash value means the cost of repairing the damage, less reasonable deduction for wear and tear, deterioration and obsolescence. b. When the loss or damage to property creates a total loss, actual cash value means the market value of prop- erty in a used condition equal to that of the destroyed property, if reasonably available on the used market. c. Otherwise, actual cash value means the market value of new, identical or nearly identical property less reason- able deduction for wear and tear,deterioration and obsolescence. IL 01 57 07 02 ©ISO Properties, Inc., 2001 Page 1 of 1 ❑ IL01980908 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: B. Under any Medical Payments Coverage, to A. Under any Liability Coverage, to "bodily injury" expenses incurred with respect to "bodily in- or"property damage": jury" resulting from the "hazardous properties" (1) With respect to which an "insured" under of"nuclear material" and arising out of the op- eration of a nuclear facility" by any person or the policy is also an insured under a nu- organization. clear energy liability policy issued by Nu- clear Energy Liability Insurance Associa- C. Under any Liability Coverage, to "bodily injury" tion, Mutual Atomic Energy Liability Under- or "property damage" resulting from "hazard- writers, Nuclear Insurance Association of ous properties"of"nuclear material", if: Canada or any of their successors, or (1) The"nuclear material" (a) is at any"nuclear would be an insured under any such policy facility" owned by, or operated by or on be- but for its termination upon exhaustion of its half of, an "insured" or (b) has been dis- limit of liability; or charged or dispersed therefrom; (2) Resulting from the "hazardous properties" (2) The "nuclear material" is contained in of "nuclear material" and with respect to "spent fuel" or "waste" at any time pos- which (a) any person or organization is re- sessed, handled, used, processed, stored, quired to maintain financial protection pur- transported or disposed of, by or on behalf suant to the Atomic Energy Act of 1954, or of an "insured'; or any law amendatory thereof, or (b) the "in- (3) The "bodily injury" or "property damage" sured" is, or had this policy not been issued arises out of the furnishing by an "insured" would be, entitled to indemnity from the of services, materials, parts or equipment in United States of America, or any agency connection with the planning, construction, thereof, under any agreement entered into maintenance, operation or use of any "nu- by the United States of America, or any clear facility", but if such facility is located agency thereof, with any person or organi- within the United States of America, its terri- zation. tones or possessions or Canada, this Ex- clusion (3) applies only to "property dam- age"to such "nuclear facility" and any prop- erty thereat. IL 01 98 09 08 ©ISO Properties, Inc., 2007 Page 1 of 2 ❑ 2. As used in this endorsement: (c) Any equipment or device used for the process- "Hazardous properties" includes radioactive, toxic ing, fabricating or alloying of "special nuclear or explosive properties; material"if at any time the total amount of such material in the custody of the "insured" at the "Nuclear material" means "source material", "Spe- premises where such equipment or device is cial nuclear material"or"by-product material"; located consists of or contains more than 25 "Source material", "special nuclear material", and grams of plutonium or uranium 233 or any "by-product material" have the meanings given combination thereof, or more than 250 grams them in the Atomic Energy Act of 1954 or in any of uranium 235; law amendatory thereof; (d) Any structure, basin, excavation, premises or "Spent fuel" means any fuel element or fuel com- place prepared or used for the storage or dis- ponent, solid or liquid,which has been used or ex- posal of"waste'; posed to radiation in a"nuclear reactor"; and includes the site on which any of the foregoing is "Waste"means any waste material (a)containing "by- located, all operations conducted on such site and all product material" other than the tailings or wastes premises used for such operations; produced by the extraction or concentration of ura- "Nuclear reactor" means any apparatus designed or nium or thorium from any ore processed primarily for used to sustain nuclear fission in a self-supporting its "source material" content, and (b) resulting from chain reaction or to contain a critical mass of fission- the operation by any person or organization of any able material; "nuclear facility" included under the first two para- graphs of the definition of"nuclear facility". "Property damage" includes all forms of radioactive contamination of property. "Nuclear facility"means: (a) Any"nuclear reactor'; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plu- tonium, (2) processing or utilizing "spent fuel", or (3) handling, processing or packaging 'Waste"; Page 2 of 2 ©ISO Properties, Inc.,2007 IL 0198 09 08 13 POLICY NUMBER: PHPK1400180 IL 09 85 0108 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE PURSUANT TO TERRORISM RISC INSURANCE ACT SCHEDULE Terrorism Premium(Certified Acts)$ 58.00 This premium is the total Certified Acts premium attributable to the following Coverage Part(s),Cover- age Form(s)and/or Policy(s): Additional information, if any,concerning the terrorism premium: Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Disclosure Of Premium C. Cap On Insurer Participation In Payment Of In accordance with the federal Terrorism Risk In- Terrorism Losses surance Act, we are required to provide you with a If aggregate insured losses attributable to terrorist notice disclosing the portion of your premium, if acts certified under the Terrorism Risk Insurance any, attributable to coverage for terrorist acts certi- Act exceed $100 billion in a Program Year (Janu- fied under the Terrorism Risk Insurance Act. The ary 1 through December 31) and we have met our portion of your premium attributable to such cov- insurer deductible under the Terrorism Risk Insur- erage is shown in the Schedule of this endorse- ance Act, we shall not be liable for the payment of ment or in the policy Declarations. any portion of the amount of such losses that ex- B. Disclosure Of Federal Participation In Payment ceeds $100 billion, and in such case insured Of Terrorism Losses losses up to that amount are subject to pro rata al- location in accordance with procedures estab- The United States Government, Department of the lished by the Secretary of the Treasury. Treasury, will pay a share of terrorism losses in- sured under the federal program. The federal share equals 85% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However, if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 bil- lion in a Program Year (January 1 through De- cember 31), the Treasury shall not make any payment for any portion of the amount of such losses that exceeds$100 billion. IL 09 85 0108 0 ISO Properties, Inc., 2007 Page 1 of 1 0 POLICY NUMBER: PHPK1400180 IL 09 86 03 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM INVOLVING NUCLEAR, BIOLOGICAL, CHEMICAL OR RADIOLOGICAL TERRORISM; CAP ON COVERED CERTIFIED ACTS LOSSES This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART STANDARD PROPERTY POLICY SCHEDULE The Exception Covering Certain Fire Losses (Paragraph C)applies to property located in the following state(s), if covered under the indicated Coverage Form, Coverage Part or Policy: States Coverage Form,Coverage Part Or Policy All All Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. The following definition is added with respect to 1. The act resulted in insured losses in excess of the provisions of this endorsement: $5 million in the aggregate, attributable to all "Certified act of terrorism" means an act that is types of insurance subject to the Terrorism certified by the Secretary of the Treasury, in con- Risk Insurance Act; and currence with the Secretary of State and the Attor- 2. The act is a violent act or an act that is Jan- ney General of the United States, to be an act of gerous to human life, property or infrastructure terrorism pursuant to the federal Terrorism Risk and is committed by an individual or individuals Insurance Act. The criteria contained in the Terror- as part of an effort to coerce the civilian popu- ism Risk Insurance Act for a"certified act of terror- lation of the United States or to influence the ism"include the following: policy or affect the conduct of the United States Government by coercion. IL 09 86 03 08 C Insurance Services Office, Inc., 2008 Page 4 of 2 13 B. The following exclusion is added: C. Exception Covering Certain Fire Losses LIMITED EXCLUSION OF CERTIFIED ACTS OF The following exception to the exclusion in Para- TERRORISM graph B. applies only if indicated and as indicated We will not pay for loss or damage caused directly in the Schedule of this endorsement. or indirectly by a "certified act of terrorism". Such If a "certified act of terrorism" excluded under loss or damage is excluded regardless of any Paragraph B. results in fire, we will pay for the loss other cause or event that contributes concurrently or damage caused by that fire, subject to all appli- or in any sequence to the loss. But this exclusion cable policy provisions including the Limit of Insur- applies only when one or more of the following are ance on the affected property. Such coverage for attributed to such act: fire applies only to direct loss or damage by fire to 1. The terrorism is carried out by means of the Covered Property. Therefore, for example, the dispersal or application of radioactive material, coverage does not apply to insurance provided or through the use of a nuclear weapon or de- under Business Income and/or Extra Expense vice that involves or produces a nuclear reac- coverage forms or endorsements that apply to tion, nuclear radiation or radioactive contami- those coverage forms, or to the Legal Liability nation; or Coverage Form or the Leasehold Interest Cover- 2. Radioactive material is released, and it ap- age Form, pears that one purpose of the terrorism was to D. Cap On Certified Terrorism Losses release such material; or The following limitation applies to coverage for any 3. The terrorism is carried out by means of the one or more "certified acts of terrorism" that are dispersal or application of pathogenic or poi- not excluded by the terms of the exclusion in sonous biological or chemical material; or Paragraph B. and to any loss or damage that is covered and to which the exception in Paragraph 4. Pathogenic or poisonous biological or chemical C. applies: material is released, and it appears that one purpose of the terrorism was to release such If aggregate insured losses attributable to terrorist material. acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a Program Year (Janu- When this terrorism exclusion applies in accor- ary 1 through December 31) and we have met our dance with the terms of Paragraph B.I. or B.2., insurer deductible under the Terrorism Risk Insur- the terrorism exclusion applies without regard to ance Act, we shall not be liable for the payment of the Nuclear Hazard Exclusion in this Coverage any portion of the amount of such losses that ex- Part or Policy. ceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata al- location in accordance with procedures estab- lished by the Secretary of the Treasury. This Paragraph, D., does not apply to insurance provided under the Crime And Fidelity Coverage Part. E. Application Of Exclusions The terms and limitations of any terrorism exclu- sion, or the non-applicability or omission of a ter- rorism exclusion, do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Part or Policy, such as losses excluded by the War And Military Action Exclu- sion. Page 2 of 2 ©Insurance Services Office, Inc., 2008 IL 09 86 03 08 ❑ PI-AM-072(06/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPORTS AND ENTERTAINMENT EVENT PROTECTION The terms,conditions, exclusions and other limitations in this endorsement are solely applicable to coverage afforded by this endorsement. Throughout this endorsement,the words"you"and"your'refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words"we,""us"and"our'refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V. DEFINITIONS. 1. COVERAGE We will pay for the actual loss of"income"you sustain and the necessary"expenses"you incur that are a direct result of the"cancellation,""postponement,"or"relocation"of a covered event. The"cancellation,""postponement,"or"relocation" must result from any one of the following: A. Incapacity,Confinement, Illness,or Death Incapacity, confinement, illness, or death of fifty percent(50%)or more of the"participants'; unless such incapacity,confinement, illness or death is due to: 1. Any"pre-existing medical condition`; or 2. Illegal drug use, mental illness, intentionally self-inflicted injury or substance abuse. B. Inability to Compete or Perform Fifty percent(50%) or more of the"participants"are unable to compete or perform in a covered event; unless such inability to compete or perform is due to: 1. A concern or belief that participating is inappropriate, in poor taste or a poor business decision; 2. Violation of any law; or 3. Air travel not by common carrier. C. Adverse Weather Weather that prevents commencement, continuation or completion of a covered event because of physical damage that occurs to the property and/or the facility used, or to be used in a covered event. D. Civil Authority A civil authority prohibits access to a covered event due to conditions that threaten the safety of the"participants,"the spectators, or those responsible for the setting up or the taking down of a Page 1 of 3 PI-AM-072(06/09) covered event. The amount we will pay for expenses is limited as described in Section III. LIMITS OF INSURANCE. 11. EXCLUSIONS We will not pay for loss caused by or resulting from any of the following: A. Dishonest,fraudulent or criminal acts by you or your employees; B. War,whether or not declared,warlike action, insurrection, rebellion or revolution, or any related act or incident; C. Nuclear reaction or radiation, or radioactive contamination, however caused. D. Any circumstances known to any insured as of the effective date shown in the Declarations, as likely to give rise to"cancellation"or"postponement"of a covered event; E. Any financial cause of loss relating to a covered event, including but not limited to: 1. Any deficient, inadequate or reduction in anticipated attendance or ticket sales; 2. Withdrawal of funds, inadequate or insufficient finances, however caused; 3. Any financial failure of any venture, company, entity or person; 4. Any failure to maintain adequate receipts, sales or profits; 5. Any variation in the rate of exchange, including devaluation, rate of interest or stability of any currency; or 6. Any financial default, insolvency, debt or failure to pay necessary expense to any person, firm or corporation; F. Breach of contract by any insured; G. Any inability to complete or obtain any arrangements, contractual agreements, permits or licenses, of any kind or type; H. Any construction, alteration, or demolition at the venue of a covered event; I. Any governmental body or civil authority refusing any insured(s) or a "participant'entry or exit to a country, or refusing any insured(s)or a"participant'entry or exit visas; III. LIMITS OF INSURANCE The most we will pay for this coverage is$10,000 for the loss of"income"and$10,000 for"expenses" you incur for each"cancellation,""postponement,"or"relocation", subject to a$30,000 annual aggregate. These limits are in addition to the applicable limits of insurance shown in the Declarations. Page 2 of 3 PI-AM-072(06/09) IV. CONDITIONS A. Your Duties in the Event of Loss When any insured discovers a loss or a situation that may result in a loss, you shall: 1. Make reasonable attempts to find an alternate location for a covered event if the original venue is closed or inaccessible on a covered event date; 2. Make all reasonable efforts to minimize loss such as cancelling vendors if sufficient time is available for notice; and 3. Maintain accurate records of all covered event related expenses, preparations and deposits sufficient for us to be able to verify the amount and value of your claim, and make copies of said records available to us. B. Claim Expenses Coverages provided herein are not applicable to the generation of claim adjustment costs by you; such as fees you may incur by retaining a public adjuster or appraiser. V. DEFINITIONS A. "Cancellation"means the inability to proceed with a covered event as planned. B. "Expenses"mean expenses you incur to commence, continue or complete a covered event, at the covered event location or at a replacement venue including: 1. Relocation expenses; 2. Costs to equip or operate the replacement venue; and 3. Costs to notify attendees of the relocation. C. "Income"means net income(net profit or loss before income taxes)that would have been earned directly from a covered event. D. 'Participant'means rostered players, athletes, performers or a performing troupe. E. 'Postponement'means the unavoidable rescheduling of a covered event due to a temporary inability to proceed as scheduled. F. 'Pre-existing medical condition" means a condition for which medical care, advice, consultation or treatment was received within one(1)year immediately preceding the start date of a covered event; or if the symptoms of the condition were present, that would have caused a reasonable person to have sought medical care, advice, consultation or treatment within the one(1) year preceding the start date of a covered event. G. 'Relocation"means the necessary re-establishment of a covered event in a replacement venue. Page 3 of 3 COMMERCIAL PROPERTY CP 00 10 06 07 BUILDING AND PERSONAL PROPERTY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words"we", "us"and"our"refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section H., Definitions. A. Coverage (b) Materials, equipment, supplies and We will pay for direct physical loss of or damage to temporary structures, on or within Covered Property at the premises described in the 100 feet of the described premises, Declarations caused by or resulting from any Cov- used for making additions, altera- ered Cause of Loss. tions or repairs to the building or structure. 1. Covered Property b. Your Business Personal Property located Covered Property, as used in this Coverage in or on the building described in the Decla- Part, means the type of property described in rations or in the open (or in a vehicle)within this section, A.1., and limited in A.2., Property 100 feet of the described premises, consist- Not Covered, if a Limit of Insurance is shown in ing of the following unless otherwise speci- the Declarations for that type of property. fied in the Declarations or on the Your Busi- a. Building, meaning the building or structure ness Personal Property — Separation Of described in the Declarations, including: Coverage form: (1) Completed additions; (1) Furniture and fixtures; (2) Fixtures, including outdoor fixtures; (2) Machinery and equipment; (3) Permanently installed: (3) "Stock'; (a) Machinery and (4) All other personal property owned by (b) Equipment; you and used in your business; (4) Personal property owned by you that is (5) Labor, materials or services furnished or used to maintain or service the building arranged by you on personal property of or structure or its premises, including: others; (a) Fire-extinguishing equipment; (6) Your use interest as tenant in improve- ments and betterments. Improvements (b) Outdoor furniture; and betterments are fixtures, alterations, (c) Floor coverings; and installations or additions: (d) Appliances used for refrigerating, (a) Made a part of the building or struc- ventilating, cooking, dishwashing or ture you occupy but do not own; and laundering; (b) You acquired or made at your ex- (5) If not covered by other insurance: pense but cannot legally remove; (a) Additions under construction, altera- (7) Leased personal property for which you tions and repairs to the building or have a contractual responsibility to in- structure; sure, unless otherwise provided for un- der Personal Property Of Others. CP 00 10 06 07 ©ISO Properties, Inc., 2007 Pagel of 15 ❑ c. Personal Property Of Others that is: n. Electronic data, except as provided under (1) In your care, custody or control; and the Additional Coverage, Electronic Data. Electronic data means information, facts or (2) Located in or on the building described computer programs stored as or on, cre- in the Declarations or in the open (or in ated or used on, or transmitted to or from a vehicle) within 100 feet of the de- computer software (including systems and scribed premises. applications software), on hard or floppy However, our payment for loss of or dam- disks, CD-ROMs, tapes, drives, cells, data age to personal property of others will only processing devices or any other reposito- be for the account of the owner of the prop- des of computer software which are used erty. with electronically controlled equipment. 2. Property Not Covered The term computer programs, referred to in the foregoing description of electronic data, Covered Property does not include: means a set of related electronic instruc- a. Accounts, bills, currency, food stamps or tions which direct the operations and func- other evidences of debt, money, notes or tions of a computer or device connected to securities. Lottery tickets held for sale are it, which enable the computer or device to not securities; receive, process, store, retrieve or send b. Animals, unless owned by others and data. This paragraph, n., does not apply to boarded by you, or if owned by you, only as your"stock"of prepackaged software; "stock"while inside of buildings; o. The cost to replace or restore the informa- tion on valuable papers and records, includ- ing those which exist as electronic data. d. Bridges, roadways, walks, patios or other Valuable papers and records include but paved surfaces; are not limited to proprietary information, e. Contraband, or property in the course of books of account, deeds, manuscripts, ab- illegal transportation or trade; stracts, drawings and card index systems. f. The cost of excavations, grading, backfilling Refer to the Coverage Extension for Valu- or filling; able Papers And Records (Other Than Electronic Data) for limited coverage for g. Foundations of buildings, structures, ma- valuable papers and records other than chinery or boilers if their foundations are those which exist as electronic data; below: p. Vehicles or self-propelled machines (includ- (1) The lowest basement floor;or ing aircraft or watercraft)that: (2) The surface of the ground, if there is no (1) Are licensed for use on public roads;or basement; (2) Are operated principally away from the h. Land (including land on which the property described premises. is located),water, growing crops or lawns; This paragraph does not apply to: i. Personal property while airborne or water- (a) Vehicles or self-propelled machines borne; or autos you manufacture, process j. Bulkheads, pilings, piers,wharves or docks; or warehouse; k. Property that is covered under another (b) Vehicles or self-propelled machines, coverage form of this or any other policy in other than autos,you hold for sale; which it is more specifically described, ex- (c) Rowboats or canoes out of water at cept for the excess of the amount due the described premises; or (whether you can collect on it or not) from that other insurance; (d) Trailers, but only to the extent pro- vided for in the Coverage Extension I. Retaining walls that are not part of a build- for Non-owned Detached Trailers; ing; m. Underground pipes, flues or drains; Page 2 of 15 ©ISO Properties, Inc., 2007 CP 00 10 06 07 0 q. The following property while outside of (a) The total of the actual debris removal buildings: expense plus the amount we pay for (1) Grain, hay, straw or other crops; direct physical loss or damage ex- ceeds the Limit of Insurance on the (2) Fences, radio or television antennas Covered Property that has sustained (including satellite dishes) and their loss or damage. lead-in wiring, masts or towers, trees, shrubs or plants (other than "stock" of (b) The actual debris removal expense trees, shrubs or plants), all except as exceeds 25% of the sum of the de provided in the Coverage Extensions. ductible plus the amount that we pay for direct physical loss or damage to 3. Covered Causes Of Loss the Covered Property that has sus- See applicable Causes Of Loss Form as tained loss or damage. shown in the Declarations. Therefore, if (4)(a) and/or (4)(b) apply, 4. Additional Coverages our total payment for direct physical loss a. Debris Removal or damage and debris removal expense may reach but will never exceed the (1) Subject to Paragraphs (3) and (4), we Limit of Insurance on the Covered Prop- will pay your expense to remove debris erty that has sustained loss or damage, of Covered Property caused by or re- plus$10,000. sulting from a Covered Cause of Loss that occurs during the policy period. The (5) Examples expenses will be paid only if they are The following examples assume that reported to us in writing within 180 days there is no Coinsurance penalty. of the date of direct physical loss or EXAMPLE#1 damage. (2) Debris Removal does not apply to costs Limit of Insurance: $ 90,000 to: Amount of Deductible: $ 500 (a) Extract "pollutants" from land or Amount of Loss: $ 50,000 water; or Amount of Loss Payable: $ 49,500 (b) Remove, restore or replace polluted ($50,000—$500) land or water. Debris Removal Expense: $ 10,000 (3) Subject to the exceptions in Paragraph Debris Removal Expense Payable: $ 10,000 (4),the following provisions apply: ° ($10,000 is 20% of$50,000.) (a) The most we will pay for the total of direct physical loss or damage plus The debris removal expense is less than 25% of the debris removal expense is the Limit sum of the loss payable plus the deductible. The sum of Insurance applicable to the Cov- of the loss payable and the debris removal expense ered Property that has sustained ($49,500 + $10,000 = $59,500) is less than the Limit loss or damage. of Insurance. Therefore the full amount of debris (b) Subject to (a) above, the amount we removal expense is payable in accordance with the terms of Paragraph(3). will pay for debris removal expense is limited to 25% of the sum of the EXAMPLE#2 deductible plus the amount that we Limit of Insurance: $ 90,000 pay for direct physical loss or dam- age to the Covered Property that has Amount of Deductible: $ 500 sustained loss or damage. Amount of Loss: $ 80,000 (4) We will pay up to an additional $10,000 Amount of Loss Payable: $ 79,500 for debris removal expense, for each lo- cation, in any one occurrence of physi- ($80,000—$500) Debris Removal Expense: $ 30,000 cal loss or damage to Covered Property, if one or both of the following circum- Debris Removal Expense Payable stances apply: Basic Amount: $ 10,500 Additional Amount: $ 10,000 CP 00 10 06 07 ©ISO Properties, Inc., 2007 Page 3 of 15 ❑ The basic amount payable for debris removal ex- d. Pollutant Clean-up And Removal pense under the terms of Paragraph (3) is calculated as follows: $80,000($79,500+$500) x.25= $20,000; We will pay your expense to extract scribed - ants" from land or water at the describe capped at$10,500. The cap applies because the sum of the loss payable ($79,500) and the basic amount premises if the discharge, dispersal, age, migration, release or escape off the the payable for debris removal expense ($10,500) cannot "pollutants" is caused by or results from a exceed the Limit of Insurance($90,000). Covered Cause of Loss that occurs during The additional amount payable for debris removal the policy period. The expenses will be paid expense is provided in accordance with the terms of only if they are reported to us in writing Paragraph (4), because the debris removal expense within 180 days of the date on which the ($30,000) exceeds 25% of the loss payable plus the Covered Cause of Loss occurs. deductible ($30,000 is 37.5% of $80,000), and be- This Additional Coverage does not apply to cause the sum of the loss payable and debris removal costs to test for, monitor or assess the exis- expense ($79,500 + $30,000 = $109,500) would ex- tence, concentration or effects of "pollut- ceed the Limit of Insurance ($90,000). The additional ants". But we will pay for testing which is amount of covered debris removal expense is performed in the course of extracting the $10,000, the maximum payable under Paragraph (4). "pollutants"from the land or water. Thus the total payable for debris removal expense in this example is $20,500; $9,500 of the debris removal The most we will pay under this Additional expense is not covered. Coverage for each described premises is $10,000 for the sum of all covered ex- b. Preservation Of Property penses arising out of Covered Causes of If it is necessary to move Covered Property Loss occurring during each separate 12- from the described premises to preserve it month period of this policy. from loss or damage by a Covered Cause e. Increased Cost Of Construction of Loss, we will pay for any direct physical (1) This Additional Coverage applies only to loss or damage to that property: buildings to which the Replacement (1) While it is being moved or while tempo- Cost Optional Coverage applies. rarily stored at another location; and (2) In the event of damage by a Covered (2) Only if the loss or damage occurs within Cause of Loss to a building that is Cov- 30 days after the property is first moved. ered Property, we will pay the increased c. Fire Department Service Charge costs incurred to comply with enforce- When the fire department is called to save ment of an ordinance or law in the or protect Covered Property from a Cov- course of repair, rebuilding or replace- ered Cause of Loss, we will pay up to ment of damaged parts of that property, $1,000, unless a higher limit is shown in the subject to the limitations stated in e.(3) Declarations, for your liability for fire de- through e.(9) of this Additional Cover- partment service charges: age. (1) Assumed by contract or agreement prior (3) The ordinance or law referred to in e.(2) to loss; or of this Additional Coverage is an ordi- nance or law that regulates the con- (2) Required by local ordinance. struction or repair of buildings or estab- No Deductible applies to this Additional lishes zoning or land use requirements Coverage. at the described premises, and is in force at the time of loss. Page 4 of 15 ©ISO Properties, Inc., 2007 CP 00 10 06 07 0 (4) Under this Additional Coverage, we will (ii) Unless the repairs or replace- not pay any costs due to an ordinance ment are made as soon as rea- or law that: sonably possible after the loss or (a) You were required to comply with damage, not to exceed two before the loss, even when the build- years. We may extend this period ing was undamaged;and in writing during the two years. (b) You failed to comply with. (b) If the building is repaired or replaced (5) Under this Additional Coverage, we will at the same premises, or if you elect to rebuild at another premises, the not pay for: most we will pay for the Increased (a) The enforcement of any ordinance or Cost of Construction, subject to the law which requires demolition, repair, provisions of e.(6) of this Additional replacement, reconstruction, remod- Coverage, is the increased cost of eling or remediation of property due construction at the same premises. to contamination by "pollutants" or (c) If the ordinance or law requires relo- due to the presence, growth, prolif- cation to another premises, the most eration, spread or any activity of we will pay for the Increased Cost of "fungus", wet or dry rot or bacteria; Construction, subject to the provi- or sions of e.(6) of this Additional Cov- (b) Any costs associated with the en- erage, is the increased cost of con- forcement of an ordinance or law struction at the new premises. which requires any insured or others (8) This Additional Coverage is not subject to test for, monitor, clean up, re- to the terms of the Ordinance Or Law move, contain, treat, detoxify or neu- Exclusion, to the extent that such Exclu- tralize, or in any way respond to, or sion would conflict with the provisions of assess the effects of "pollutants", this Additional Coverage. "fungus", wet or dry rot or bacteria. (9) The costs addressed in the Loss Pay- (6) The most we will pay under this Addi- ment and Valuation Conditions, and the tional Coverage, for each described Replacement Cost Optional Coverage, building insured under this Coverage in this Coverage Form, do not include Form, is $10,000 or 5% of the Limit of the increased cost attributable to en- Insurance applicable to that building, forcement of an ordinance or law. The whichever is less. If a damaged building amount payable under this Additional is covered under a blanket Limit of In- Coverage, as stated in e.(6) of this Addi- surance which applies to more than one tional Coverage, is not subject to such building or item of property, then the limitation. most we will pay under this Additional Coverage, for that damaged building, is f. Electronic Data the lesser of: $10,000 or 5% times the (1) Under this Additional Coverage, elec- value of the damaged building as of the tronic data has the meaning described time of loss times the applicable Coin- under Property Not Covered, Electronic surance percentage. Data. The amount payable under this Addi- (2) Subject to the provisions of this Addi- tional Coverage is additional insurance. tional Coverage, we will pay for the cost (7) With respect to this Additional Cover- to replace or restore electronic data age: which has been destroyed or corrupted by a Covered Cause of Loss. To the ex- (a) We will not pay for the Increased tent that electronic data is not replaced Cost of Construction: or restored,the loss will be valued at the (i) Until the property is actually re- cost of replacement of the media on paired or replaced, at the same which the electronic data was stored, or another premises; and with blank media of substantially identi- cal type. CP 00 10 06 07 O ISO Properties, Inc., 2007 Page 5 of 15 0 (3) The Covered Causes of Loss applicable S. Coverage Extensions to Your Business Personal Property ap- Except as otherwise provided, the following Ex- ply to this Additional Coverage, Elec- tensions apply to property located in or on the tronic Data, subject to the following: building described in the Declarations or in the (a) If the Causes Of Loss — Special open (or in a vehicle)within 100 feet of the de- Form applies, coverage under this scribed premises. Additional Coverage, Electronic If a Coinsurance percentage of 80% or more, Data, is limited to the "specified or a Value Reporting period symbol, is shown causes of loss" as defined in that in the Declarations, you may extend the insur- form, and Collapse as set forth in ance provided by this Coverage Part as fol- that form. lows: (b) If the Causes Of Loss— Broad Form a. Newly Acquired Or Constructed applies, coverage under this Addi- Properly tional Coverage, Electronic Data, in- cludes Collapse as set forth in that (1) Buildings form, If this policy covers Building, you may (c) If the Causes Of Loss Form is en- extend that insurance to apply to: dorsed to add a Covered Cause of (a) Your new buildings while being built Loss, the additional Covered Cause on the described premises; and of Loss does not apply to the cover- (b) Buildings you acquire at locations, age provided under this Additional other than the described premises, Coverage, Electronic Data. intended for. (d) The Covered Causes of Loss include (i) Similar use as the building de- a virus, harmful code or similar in- scribed in the Declarations;or struction introduced into or enacted on a computer system (including (II) Use as a warehouse. electronic data) or a network to The most we will pay for loss or damage which it is connected, designed to under this Extension is $250,000 at damage or destroy any part of the each building. system or disrupt its normal opera- (2) Your Business Personal Property tion. But there is no coverage for loss or damage caused by or result- (a) If this policy covers Your Business ing from manipulation of a computer Personal Property, you may extend system (including electronic data) by that insurance to apply to: any employee, including a temporary (i) Business personal property, or leased employee, or by an entity including such property that you retained by you or for you to inspect, newly acquire, at any location design, install, modify, maintain, re- you acquire other than at fairs, pair or replace that system. trade shows or exhibitions; (4) The most we will pay under this Addi- (ii) Business personal property, tional Coverage, Electronic Data, is including such property that you $2,500 for all loss or damage sustained newly acquire, located at your in any one policy year, regardless of the newly constructed or acquired number of occurrences of loss or dam- buildings at the location de- age or the number of premises, loca- scribed in the Declarations; or tions or computer systems involved. If ni Business personal roe that loss payment on the first occurrence ( ) p property does not exhaust this amount, then the you newly acquire, located at the balance is available for subsequent loss described premises. or damage sustained in but not after that The most we will pay for loss or policy year. With respect to an occur- damage under this Extension is rence which begins in one policy year $100,000 at each building. and continues or results in additional loss or damage in a subsequent policy year(s), all loss or damage is deemed to be sustained in the policy year in which the occurrence began. Page 6 of 15 ©ISO Properties, Inc., 2007 CP 00 10 06 07 0 (b) This Extension does not apply to: c. Valuable Papers And Records(Other (i) Personal property of others that Than Electronic Data) is temporarily in your possession (1) You may extend the insurance that in the course of installing or per- applies to Your Business Personal forming work on such property;or Property to apply to the cost to replace (ii) Personal property of others that or restore the lost information on valu- is temporarily in your possession able papers and records for which dupli- in the course of your manufactur- cates do not exist. But this Extension ing or wholesaling activities. does not apply to valuable papers and records which exist as electronic data. (3) Period Of Coverage Electronic data has the meaning de- With respect to insurance on or at each scribed under Property Not Covered, newly acquired or constructed property, Electronic Data. coverage will end when any of the fol- (2) If the Causes Of Loss — Special Form lowing first occurs: applies, coverage under this Extension (a) This policy expires; is limited to the "specified causes of (b) 30 days expire after you acquire the loss" as defined in that form, and Col- property or begin construction of that lapse as set forth in that form. part of the building that would qualify (3) If the Causes Of Loss — Broad Form as covered property; or applies, coverage under this Extension (c) You report values to us. includes Collapse as set forth in that form. We will charge you additional premium (4) Under this Extension, the most we will for values reported from the date you pay to replace or restore the lost infor- acquire the property or begin construc- mation is $2,500 at each described tion of that part of the building that would premises, unless a higher limit is shown qualify as covered property. in the Declarations. Such amount is ad- b. Personal Effects And Property Of Others ditional insurance. We will also pay for You may extend the insurance that applies the cost of blank material for reproduc- to Your Business Personal Property to ap- ing the records (whether or not dupli- ply to: cates exist), and (when there is a dupli- (1) Personal effects owned by you, your rate) for the cost of labor to transcribe officers, your partners or members, your or copy the records. The costs of blank managers or your employees. This Ex- material and labor are subject to the ap- tension does not apply to loss or dam- plicable Limit of Insurance on Your age by theft. Business Personal Property and there- fore coverage of such costs is not addi- (2) Personal property of others in your care, tional insurance. custody or control. d. Property Off-premises The most we will pay for loss or damage (1) You may extend the insurance provided under this Extension is $2,500 at each de- by this Coverage Form to apply to your scribed premises. Our payment for loss of Covered Property while it is away from or damage to personal property of others the described premises, if it is: will only be for the account of the owner of the property. (a) Temporarily at a location you do not own, lease or operate; (b) In storage at a location you lease, provided the lease was executed af- ter the beginning of the current policy term; or (c) At any fair,trade show or exhibition. CP 00 10 06 07 0 ISO Properties, Inc., 2007 Page 7 of 15 ❑ (2) This Extension does not apply to prop- (2) We will not pay for any loss or damage erty: that occurs: (a) In or on a vehicle; or (a) While the trailer is attached to any (b) In the care, custody or control of motor vehicle or motorized convey- your salespersons, unless the prop- ance, whether or not the motor vehi- erty is in such care, custody or con- cle or motorized conveyance is in trol at a fair,trade show or exhibition. motion; (3) The most we will pay for loss or damage (b) During hitching or unhitching opera- under this Extension is$10,000. tions, or when a trailer becomes ac- cidentally unhitched from a motor e. Outdoor Property vehicle or motorized conveyance. You may extend the insurance provided by (3) The most we will pay for loss or damage this Coverage Form to apply to your out- under this Extension is $5,000, unless a door fences, radio and television antennas higher limit is shown in the Declarations. (including satellite dishes), trees, shrubs and plants (other than "stock" of trees, (4) This insurance is excess over the shrubs or plants), including debris removal amount due (whether you can collect on expense, caused by or resulting from any of it or not) from any other insurance cov- the following causes of loss if they are Cov- ering such property. ered Causes of Loss: Each of these Extensions is additional insurance (1) Fire; unless otherwise indicated. The Additional Condi- tion, Coinsurance, does not apply to these Exten- sions. (3) Explosion; B. Exclusions And Limitations (4) Riot or Civil Commotion; or See applicable Causes Of Loss Form as shown in (5) Aircraft. the Declarations. The most we will pay for loss or damage C. Limits Of Insurance under this Extension is $1,000, but not The most we will pay for loss or damage in any more than $250 for any one tree, shrub or one occurrence is the applicable Limit of Insur- plant. These limits apply to any one occur- ance shown in the Declarations. rence, regardless of the types or number of items lost or damaged in that occurrence. The most we will pay for loss or damage to out- door signs,whether or not the sign is attached to a f. Non-owned Detached Trailers building, is$2,500 per sign in any one occurrence. (1) You may extend the insurance that The amounts of insurance stated in the following applies to Your Business Personal Additional Coverages apply in accordance with the Property to apply to loss or damage to terms of such coverages and are separate from trailers that you do not own, provided the Limit(s)of Insurance shown in the Declarations that: for any other coverage: (a) The trailer is used in your business; 1. Fire Department Service Charge; (b) The trailer is in your care, custody or 2. Pollutant Clean-up And Removal; control at the premises described in the Declarations; and 3. Increased Cost Of Construction; and (c) You have a contractual responsibility 4. Electronic Data. to pay for loss or damage to the Payments under the Preservation Of Property Ad- trailer. ditional Coverage will not increase the applicable Limit of Insurance. Page 8 of 15 0 ISO Properties, Inc., 2007 CP 00 10 06 07 0 D. Deductible EXAMPLE#2 In any one occurrence of loss or damage (herein- (This example, too, assumes there is no Coinsurance after referred to as loss), we will first reduce the penalty.) amount of loss if required by the Coinsurance The Deductible and Limits of Insurance are the same Condition or the Agreed Value Optional Coverage. as those in Example#1. If the adjusted amount of loss is less than or equal to the Deductible, we will not pay for that loss. If Loss to Building#1: $ 70,000 the adjusted amount of loss exceeds the Deducti- (Exceeds Limit of Insurance plus Deductible) ble, we will then subtract the Deductible from the adjusted amount of loss, and will pay the resulting Loss to Building#2: $ 90,000 amount or the Limit of Insurance, whichever is (Exceeds Limit of Insurance plus Deductible) less. Loss Payable—Building#1: $ 60,000 When the occurrence involves loss to more than (Limit of Insurance) one item of Covered Property and separate Limits Loss Payable—Building#2: $ 80,000 of Insurance apply, the losses will not be com- bined in determining application of the Deductible. (Limit of Insurance) But the Deductible will be applied only once per Total amount of loss payable: $ 140,000 occurrence. E. Loss Conditions EXAMPLE#1 The following conditions apply in addition to the (This example assumes there is no Coinsurance Common Policy Conditions and the Commercial penalty.) Property Conditions. Deductible: $ 250 1. Abandonment Limit of Insurance—Building#1: $ 60,000 There can be no abandonment of any property Limit of Insurance—Building#2: $ 80,000 to us. Loss to Building#1: $ 60,100 2. Appraisal Loss to Building#2: $ 90,000 If we and you disagree on the value of the property or the amount of loss, either may The amount of loss to Building #1 ($60,100) is less make written demand for an appraisal of the than the sum ($60,250) of the Limit of Insurance ap- loss. In this event, each party will select a com- plicable to Building#1 plus the Deductible. petent and impartial appraiser. The two ap- The Deductible will be subtracted from the amount of praisers will select an umpire. If they cannot loss in calculating the loss payable for Building#1: agree, either may request that selection be made by a judge of a court having jurisdiction. $ 60,100 The appraisers will state separately the value — 250 of the property and amount of loss. If they fail $ 59,850 Loss Payable—Building#1 to agree, they will submit their differences to the umpire. A decision agreed to by any two The Deductible applies once per occurrence and will be binding. Each party will: therefore is not subtracted in determining the amount a. Pay its chosen appraiser; and of loss payable for Building #2. Loss payable for Building#2 is the Limit of Insurance of$80,000. b. Bear the other expenses of the appraisal Total amount of loss payable: and umpire equally. $59,850+$80,000=$139,850 If there is an appraisal, we will still retain our right to deny the claim. CP 00 10 06 07 ©ISO Properties, Inc., 2007 Page 9 of 15 ❑ 3. Duties In The Event Of Loss Or Damage 4. Loss Payment a. You must see that the following are done in a. In the event of loss or damage covered by the event of loss or damage to Covered this Coverage Form, at our option, we will Property: either: (1) Notify the police if a law may have been (1) Pay the value of lost or damaged prop- broken. erty; (2) Give us prompt notice of the loss or (2) Pay the cost of repairing or replacing the damage. Include a description of the lost or damaged property, subject to b. property involved. below; (3) As soon as possible, give us a descrip- (3) Take all or any part of the property at an tion of how, when and where the loss or agreed or appraised value; or damage occurred. (4) Repair, rebuild or replace the property (4) Take all reasonable steps to protect the with other property of like kind and qual- Covered Property from further damage, ity, subject to b.below. and keep a record of your expenses We will determine the value of lost or dam- necessary to protect the Covered Prop- aged erty, for consideration in the settlement g property, or the cost of its repair or of the claim. This will not increase the replacement, in accordance with the appli- cable terms of the Valuation Condition in Limit of Insurance. However, we will not this Coverage Form or any applicable pro- pay for any subsequent loss or damage vision which amends or supersedes the resulting from a cause of loss that is not Valuation Condition. a Covered Cause of Loss. Also, if feasi- ble, set the damaged property aside and b. The cost to repair, rebuild or replace does in the best possible order for examina- not include the increased cost attributable tion. to enforcement of any ordinance or law (5) At our request, give us complete inven- regulating the construction, use or repair of tories of the damaged and undamaged any property. property. Include quantities, costs, val- c. We will give notice of our intentions within ues and amount of loss claimed. 30 days after we receive the sworn proof of (6) As often as may be reasonably required, loss. permit us to inspect the property proving d. We will not pay you more than your finan- the loss or damage and examine your cial interest in the Covered Property, books and records. e. We may adjust losses with the owners of Also permit us to take samples of dam- lost or damaged property if other than you. aged and undamaged property for in- If we pay the owners, such payments will spection, testing and analysis, and per- satisfy your claims against us for the own- mit us to make copies from your books ers' property. We will not pay the owners and records. more than their financial interest in the Cov- (7) Send us a signed, sworn proof of loss ered Property. containing the information we request to f. We may elect to defend you against suits investigate the claim. You must do this arising from claims of owners of property. within 60 days after our request. We will We will do this at our expense. supply you with the necessary forms. g. We will pay for covered loss or damage (8) Cooperate with us in the investigation or within 30 days after we receive the sworn settlement of the claim. proof of loss, if you have complied with all b. We may examine any insured under oath, of the terms of this Coverage Part and: while not in the presence of any other in- (1) We have reached agreement with you sured and at such times as may be rea- on the amount of loss; or sonably required, about any matter relating (2) An appraisal award has been made, to this insurance or the claim, including an insured's books and records. In the event of an examination, an insured's answers must be signed. Page 10 of 15 0 ISO Properties, Inc., 2007 CP 00 10 06 07 13 h. A party wall is a wall that separates and is (b) When this policy is issued to the common to adjoining buildings that are owner or general lessee of a build- owned by different parties. In settling cov- ing, building means the entire build- ered losses involving a party wall, we will ing. Such building is vacant unless at pay a proportion of the loss to the party wall least 31% of its total square footage based on your interest in the wall in propor- is: tion to the interest of the owner of the ad- (i) Rented to a lessee or sub-lessee joining building. However, if you elect to re- and used by the lessee or sub- pair or replace your building and the owner lessee to conduct its customary of the adjoining building elects not to repair operations; and/or or replace that building, we will pay you the full value of the loss to the party wall, sub- (ii) Used by the building owner to ject to all applicable policy provisions in- conduct customary operations_ cluding Limits of Insurance, the Valuation (2) Buildings under construction or renova- and Coinsurance Conditions and all other tion are not considered vacant. provisions of this Loss Payment Condition. b. Vacancy Provisions Our payment under the provisions of this paragraph does not alter any right of subro- If the building where loss or damage occurs gation we may have against any entity, in- has been vacant for more than 60 consecu- cluding the owner or insurer of the adjoining tive days before that loss or damage oc- building, and does not alter the terms of the curs: Transfer Of Rights Of Recovery Against (1) We will not pay for any loss or damage Others To Us Condition in this policy. caused by any of the following even if 5. Recovered Property they are Covered Causes of Loss: If either you or we recover any property after (a) Vandalism; loss settlement, that party must give the other (b) Sprinkler leakage, unless you have prompt notice. At your option, the property will protected the system against freez- be returned to you. You must then return to us ing; the amount we paid to you for the property.We (c) Building glass breakage; will pay recovery expenses and the expenses to repair the recovered property, subject to the (d) Water damage; Limit of Insurance. (e) Theft; or 6. Vacancy (f) Attempted theft. a. Description Of Terms (2) With respect to Covered Causes of Loss (1) As used in this Vacancy Condition, the other than those listed in b.(1)(a) term building and the term vacant have through b.(1)(f) above, we will reduce the meanings set forth in (1)(a) and the amount we would otherwise pay for (1)(b) below: the loss or damage by 15%. (a) When this policy is issued to a ten- 7. Valuation ant, and with respect to that tenant's We will determine the value of Covered Prop- interest in Covered Property, building erty in the event of loss or damage as follows: means the unit or suite rented or leased to the tenant_ Such building is a. At actual cash value as of the time of loss vacant when it does not contain or damage, except as provided in b., c., d. enough business personal property and e. below. to conduct customary operations. b. If the Limit of Insurance for Building satis- fies the Additional Condition, Coinsurance, and the cost to repair or replace the dam- aged building property is $2,500 or less, we will pay the cost of building repairs or re- placement. CP 00 10 06 07 ©ISO Properties, Inc., 2007 Page 11 of 15 ❑ The cost of building repairs or replacement 1. Coinsurance does not include the increased cost attrib- If a Coinsurance percentage is shown in the utable to enforcement of any ordinance or Declarations,the following condition applies. law regulating the construction, use or re- pair of any property. a. We will not pay the full amount of any loss if However, the following property will be val- the value of Covered Property at the time of loss times the Coinsurance percentage tac at the actual cash value even when at- shown for it in the Declarations is greater at- tached to the building: than the Limit of Insurance for the ro e P P riY. (1) Awnings or floor coverings; Instead, we will determine the most we will (2) Appliances for refrigerating, ventilating, pay using the following steps: cooking, dishwashing or laundering; or (1) Multiply the value of Covered Property (3) Outdoor equipment or furniture. at the time of loss by the Coinsurance c. "Stock" you have sold but not delivered at percentage; the selling price less discounts and ex- (2) Divide the Limit of Insurance of the penses you otherwise would have had. property by the figure determined in d. Glass at the cost of replacement with Step(1); safety-glazing material if required by law. (3) Multiply the total amount of loss, before e. Tenants' Improvements and Betterments at: the application of any deductible, by the (1) Actual cash value of the lost or dam- figure determined in Step (2); and aged property if you make repairs (4) Subtract the deductible from the figure promptly. determined in Step (3). (2) A proportion of your original cost if you We will pay the amount determined in Step do not make repairs promptly. We will (4) or the limit of insurance, whichever is determine the proportionate value as fol- less. For the remainder, you will either have lows: to rely on other insurance or absorb the (a) Multiply the original cost by the num- loss yourself. ber of days from the loss or damage EXAMPLE 91 (UN DERINSURANCE) to the expiration of the lease; and When: The value of the property is: $250,000 P (b) Divide the amount determined in (a) The Coinsurance percentage above by the number of days from for it is: 80% the installation of improvements to the expiration of the lease. The Limit of Insurance for it is: $100,000 If your lease contains a renewal option, The Deductible is: $ 250 the expiration of the renewal option pe- The amount of loss is: $ 40,000 riod will replace the expiration of the Step(1): $250,000 x 80%=$200,000 lease in this procedure. (the minimum amount of insurance to (3) Nothing if others pay for repairs or re- meet your Coinsurance requirements) placement. Step(2): $100,000_$200,000= .50 F. Additional Conditions Step(3): $40,000 x.50=$20,000 The following conditions apply in addition to the Step (4): $20,000—$250= $19,750 Common Policy Conditions and the Commercial Property Conditions. We will pay no more than $19,750. The remaining $20,250 is not covered. Page 12 of 15 0 ISO Properties, Inc., 2007 CP 00 10 06 07 0 EXAMPLE#2(ADEQUATE INSURANCE) 2. Mortgageholders When: The value of the property is: $250,000 a. The term mortgageholder includes trustee. The Coinsurance percentage b. We will pay for covered loss of or damage for it is: 80% to buildings or structures to each mort- The Limit of Insurance for it is: $200,000 gageholder shown in the Declarations in The Deductible is: $ 250 their order of precedence, as interests may appear. The amount of loss is: $ 40,000 c. The mortgageholder has the right to receive The minimum amount of insurance to meet your Co- loss payment even if the mortgageholder insurance requirement is $200,000 ($250,000 x 80%). has started foreclosure or similar action on Therefore, the Limit of Insurance in this example is the building or structure. adequate and no penalty applies. We will pay no d. If we deny your claim because of your acts more than $39,750 ($40,000 amount of loss minus or because you have failed to comply with the deductible of$250). the terms of this Coverage Part, the mort- b. If one Limit of Insurance applies to two or gageholder will still have the right to receive more separate items, this condition will ap- loss payment if the mortgageholder: ply to the total of all property to which the (1) Pays any premium due under this Cov- limit applies. erage Part at our request if you have EXAMPLE#3 failed to do so; (2) Submits a signed, sworn proof of loss When: The value of the property is: within 60 days after receiving notice Building at Location#1: $ 75,000 from us of your failure to do so; and Building at Location#2: $100,000 (3) Has notified us of any change in owner- Personal Property ship, occupancy or substantial change at Location#2: $ 75,000 in risk known to the mortgageholder. $250,000 All of the terms of this Coverage Part will The Coinsurance percentage then apply directly to the mortgageholder. for it is: 90% e. If we pay the mortgageholder for any loss The Limit of Insurance for or damage and deny payment to you be- Buildings and Personal Property cause of your acts or because you have at Locations#1 and#2 is: $180,000 failed to comply with the terms of this Cov- The Deductible is: $ 1,000 erage Part: The amount of loss is: (1) The mortgageholder's rights under the mortgage will be transferred to us to the Building at Location#2: $ 30,000 extent of the amount we pay: and Personal Property (2) The mortgageholder's right to recover at Location#2: $ 20,000 the full amount of the mortgageholder's $ 50,000 claim will not be impaired. Step(1): $250,000 x 90%_$225,000 At our option, we may pay to the mortgage- (the minimum amount of insurance to holder the whole principal on the mortgage meet your Coinsurance requirements plus any accrued interest. In this event, and to avoid the penalty shown below) your mortgage and note will be transferred Step(2): $180,000_$225,000= .80 to us and you will pay your remaining mort- Step(3): $50,000 x.80=$40,000 gage debt to us. f. If we cancel this policy, we will give written Step(4): $40,000—$1,000=$39,000 notice to the mortgageholder at least: We will pay no more than $39,000. The remaining (1) 10 days before the effective date of $11,000 is not covered. cancellation if we cancel for your non- payment of premium; or (2) 30 days before the effective date of cancellation if we cancel for any other reason. CP 00 10 06 07 0 ISO Properties, Inc., 2007 Page 13 of 15 ❑ g. If we elect not to renew this policy, we will EXAMPLE give written notice to the mortgageholder at If: The applicable Limit of Insurance is: $ 100,000 least 10 days before the expiration date of this policy. The annual percentage increase is: 8% G. Optional Coverages The number of days since the If shown as applicable in the Declarations, the fol- beginning of the policy year lowing Optional Coverages apply separately to (or last policy change) is: 146 each item. The amount of increase is: 1. Agreed Value $100,000 x.08 x 146-365= $ 3,200 a. The Additional Condition, Coinsurance, 3. Replacement Cost does not apply to Covered Property to a. Replacement Cost (without deduction for which this Optional Coverage applies. We depreciation) replaces Actual Cash Value in will pay no more for loss of or damage to the Valuation Loss Condition of this Cover- that property than the proportion that the age Form. Limit of Insurance under this Coverage Part b. This Optional Coverage does not apply to: for the property bears to the Agreed Value shown for it in the Declarations. (1) Personal property of others; b. If the expiration date for this Optional Cov- (2) Contents of a residence; erage shown in the Declarations is not ex- (3) Works of art, antiques or rare articles, tended, the Additional Condition, Coinsur- including etchings, pictures, statuary, ance, is reinstated and this Optional Cover- marbles, bronzes, porcelains and bric-a- age expires. bract or c. The terms of this Optional Coverage apply (4) "Stock", unless the Including "Stock" only to loss or damage that occurs: option is shown in the Declarations. (1) On or after the effective date of this Under the terms of this Replacement Cost Optional Coverage; and Optional Coverage, tenants' improvements (2) Before the Agreed Value expiration date and betterments are not considered to be shown in the Declarations or the policy the personal property of others. expiration date, whichever occurs first. c. You may make a claim for loss or damage 2. Inflation Guard covered by this insurance on an actual cash a. The Limit of Insurance for property to which value basis instead of on a replacement this Optional Coverage applied will auto- cost basis. In the event you elect to have matically increase by the annual percent- loss or damage settled on an actual cash age shown in the Declarations. value basis, you may still make a claim for the additional coverage this Optional Cov- b. The amount of increase will be: erage provides if you notify us of your intent (1) The Limit of Insurance that applied on to do so within 180 days after the loss or the most recent of the policy inception damage. date, the policy anniversary date, or any d. We will not pay on a replacement cost basis other policy change amending the Limit for any loss or damage: of Insurance,times (1) Until the lost or damaged property is (2) The percentage of annual increase actually repaired or replaced; and shown in the Declarations, expressed as (2) Unless the repairs or replacement are a decimal(example: 8% is .08), times made as soon as reasonably possible (3) The number of days since the beginning after the loss or damage. of the current policy year or the effective date of the most recent policy change amending the Limit of Insurance, divided by 365. Page 14 of 15 0 ISO Properties, Inc., 2007 CP 00 10 06 07 !a With respect to tenants' improvements and 4. Extension Of Replacement Cost To betterments, the following also apply: Personal Property Of Others (3) If the conditions in d.(1) and d.(2)above a. If the Replacement Cost Optional Coverage are not met, the value of tenants' im- is shown as applicable in the Declarations, provements and betterments will be de- then this Extension may also be shown as termined as a proportion of your original applicable. If the Declarations show this Ex- cost, as set forth in the Valuation Loss tension as applicable, then Paragraph Condition of this Coverage Form; and 3.b.(1) of the Replacement Cost Optional (4) We will not pay for loss or damage to Coverage is deleted and all other provisions tenants' improvements and betterments of the Replacement Cost Optional Cover- if others pay for repairs or replacement. age apply to replacement cost on personal e. We will not pay more for loss or damage on property of others. a replacement cost basis than the least of b. With respect to replacement cost on the (1), (2)or(3),subject to f.below: personal property of others, the following (imitation applies: (1) The Limit of Insurance applicable to the If an item(s) of personal property of others lost or damaged property; is subject to a written contract which gov- (2) The cost to replace the lost or damaged ems your liability for loss or damage to that property with other property: item(s), then valuation of that item(s)will be (a) Of comparable material and quality; based on the amount for which you are li- and able under such contract, but not to exceed (b) Used for the same purpose; or the lesser of the replacement cost of the property or the applicable Limit of Insur- (3) The amount actually spent that is nec- ance. essary to repair or replace the lost or damaged property. H. Definitions If a building is rebuilt at a new premises, the 1. "Fungus" means any type or form of fungus, cost described in e.(2) above is limited to including mold or mildew, and any mycotoxins, the cost which would have been incurred if spores, scents or by-products produced or re- .the building had been rebuilt at the original leased by fungi. premises. 2. "Pollutants"means any solid, liquid, gaseous or f. The cost of repair or replacement does not thermal irritant or contaminant, including include the increased cost attributable to smoke, vapor, soot, fumes, acids, alkalis, enforcement of any ordinance or law regu- chemicals and waste. Waste includes materials lating the construction, use or repair of any to be recycled, reconditioned or reclaimed. property. 3. "Stock" means merchandise held in storage or for sale, raw materials and in-process or fin- ished goods, including supplies used in their packing or shipping. CP 00 10 06 07 ©ISO Properties, Inc., 2007 Page 15 of 15 0 COMMERCIAL PROPERTY CP 00 30 06 07 BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your' refer to the Named Insured shown in the Declarations. The words"we","us"and"our"refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section F., Definitions. A. Coverage With respect to the requirements set forth in 1. Business Income the preceding paragraph, if you occupy only part of the site at which the described premises Business Income means the: are located, your premises means: a. Net Income (Net Profit or Loss before in- (a) The portion of the building which you come taxes) that would have been earned rent, lease or occupy; and or incurred; and (b) Any area within the building or on the b. Continuing normal operating expenses site at which the described premises incurred, including payroll. are located, if that area services, or For manufacturing risks, Net Income includes is used to gain access to, the de- the net sales value of production. scribed premises. Coverage is provided as described and limited 2. Extra Expense below for one or more of the following options a. Extra Expense Coverage is provided at the for which a Limit of Insurance is shown in the premises described in the Declarations only Declarations: if the Declarations show that Business In- (1) Business Income Including "Rental come Coverage applies at that premises. Value". b. Extra Expense means necessary expenses (2) Business Income Other Than "Rental you incur during the "period of restoration" Value". that you would not have incurred if there (3) "Rental Value". had been no direct physical loss or damage to property caused by or resulting from a If option (1) above is selected, the term Busi- Covered Cause of Loss. ness Income will include "Rental Value". If op- We will pay Extra Expense (other than the tion (3) above is selected, they term Business expense to repair or replace property)to: Income will mean Rental Value only. If Limits of Insurance are shown under more (1) Avoid or minimize the "suspension" of than one of the above options, the provisions business and to continue operations at of this Coverage Part apply separately to each. the described premises or at replace- ment premises or temporary locations, We will pay for the actual loss of Business In- including relocation expenses and costs come you sustain due to the necessary "sus- to equip and operate the replacement pension"of your"operations"during the"period location or temporary location. of restoration". The "suspension" must be (2) Minimize the"suspension"of business if caused by direct physical loss of or damage to property at premises which are described in you cannot continue"operations". the Declarations and for which a Business In- We will also pay Extra Expense to repair or come Limit of Insurance is shown in the Decla- replace property, but only to the extent it rations. The loss or damage must be caused reduces the amount of loss that otherwise by or result from a Covered Cause of Loss. would have been payable under this Cov- With respect to loss of or damage to personal erage Form. property in the open or personal property in a vehicle, the described premises include the area within 100 feet of the site at which the de- scribed premises are located. CP 00 30 06 07 0 ISO Properties, Inc., 2007 Page 1 of 9 0 3. Covered Causes Of Loss, Exclusions And When a Covered Cause of Loss causes Limitations damage to property other than property at See applicable Causes Of Loss Form as the described premises, we will pay for the shown in the Declarations. actual loss of Business Income you sustain and necessary Extra Expense caused by 4. Additional Limitation—Interruption Of action of civil authority that prohibits access Computer Operations to the described premises, provided that a. Coverage for Business Income does not both of the following apply: apply when a "suspension" of "operations" (1) Access to the area immediately sur- is caused by destruction or corruption of rounding the damaged property is pro- electronic data, or any loss or damage to hibited by civil authority as a result of electronic data, except as provided under the damage, and the described prem- the Additional Coverage — Interruption Of ises are within that area but are not Computer Operations. more than one mile from the damaged b. Coverage for Extra Expense does not apply property; and when action is taken to avoid or minimize a (2) The action of civil authority is taken in "suspension" of'operations" caused by de- response to dangerous physical condi- struction or corruption of electronic data, or tions resulting from the damage or con- any loss or damage to electronic data, ex- tinuation of the Covered Cause of Loss cept as provided under the Additional Cov- that caused the damage, or the action is erage — Interruption Of Computer Opera- taken to enable a civil authority to have tions. unimpeded access to the damaged c. Electronic data means information, facts or property computer programs stored as or on, cre- Civil Authority Coverage for Business In- ated or used on, or transmitted to or from come will begin 72 hours after the time of computer software (including systems and the first action of civil authority that prohibits applications software), on hard or floppy access to the described premises and will disks, CD-ROMs, tapes, drives, cells, data apply for a period of up to four consecutive processing devices or any other reposito- weeks from the date on which such cover- nes of computer software which are used age began. with electronically controlled equipment. The term computer programs, referred to in Civil Authority Coverage for Extra Expense will begin immediately after the time of the the foregoing description of electronic data, means a set of related electronic instruc- first action of civil authority that prohibits tions which direct the operations and func- access to the described premises and will tions of a computer or device connected to end: it, which enable the computer or device to (1) Four consecutive weeks after the date receive, process, store, retrieve or send of that action; or data. (2) When your Civil Authority Coverage for 5. Additional Coverages Business Income ends; a. Civil Authority whichever is later. In this Additional Coverage—Civil Authority, b. Alterations And New Buildings the described premises are premises to We will pay for the actual loss of Business which this Coverage Form applies, as Income you sustain and necessary Extra shown in the Declarations. Expense you incur due to direct physical loss or damage at the described premises caused by or resulting from any Covered Cause of Loss to: (1) New buildings or structures, whether complete or under construction; (2) Alterations or additions to existing build- ings or structures; and Page 2 of 9 0 ISO Properties, Inc., 2007 CP 00 30 06 07 (3) Machinery, equipment, supplies or build- (2) "Rental Value" ing materials located on or within 100 If the necessary "suspension" of your feet of the described premises and: "operations" produces a "Rental Value" (a) Used in the construction, alterations loss payable under this policy, we will or additions; or pay for the actual loss of"Rental Value" (b) Incidental to the occupancy of new you incur during the period that: buildings. (a) Begins on the date property is actu- If such direct physical loss or damage de- ally repaired, rebuilt or replaced and lays the start of"operations", the "period of tenantability is restored; and restoration" for Business Income Coverage (b) Ends on the earlier of: will begin on the date "operations" would (i) The date you could restore tenant have begun if the direct physical loss or occupancy, with reasonable damage had not occurred. speed, to the level which would c. Extended Business Income generate the "Rental Value" that (1) Business Income Other Than "Rental would have existed if no direct Value" physical loss or damage had oc- If the necessary "suspension" of your curred; or "operations" produces a Business In- (ii) 30 consecutive days after the come loss payable under this policy, we date determined in (2)(a)above. will pay for the actual loss of Business However, Extended Business Income Income you incur during the period that: does not apply to loss of"Rental Value" (a) Begins on the date property (except incurred as a result of unfavorable busi- "finished stock") is actually repaired, ness conditions caused by the impact of rebuilt or replaced and "operations" the Covered Cause of Loss in the area are resumed; and where the described premises are lo- cated. (b) Ends on the earlier of: Loss of "Rental Value" must be caused (i) The date you could restore your by direct physical loss or damage at the 'operations", with reasonable described premises caused by or result- speed, to the level which would ing from any Covered Cause of Loss. generate the business income amount that would have existed if d. Interruption Of Computer Operations no direct physical loss or damage (1) Under this Additional Coverage, elec- had occurred;or tronic data has the meaning described (ii) 30 consecutive days after the under Additional Limitation—Interruption date determined in(1)(a)above. Of Computer Operations. However, Extended Business Income (2) Subject to all provisions of this Addi- does not apply to loss of Business In- tional Coverage, you may extend the in- come incurred as a result of unfavorable surance that applies to Business Income business conditions caused by the im- and Extra Expense to apply to a "sus- pact of the Covered Cause of Loss in pension" of "operations" caused by an the area where the described premises interruption in computer operations due are located. to destruction or corruption of electronic data due to a Covered Cause of Loss. Loss of Business Income must be caused by direct physical loss or dam- age at the described premises caused by or resulting from any Covered Cause of Loss. CP 00 30 06 07 ©ISO Properties, Inc., 2007 Page 3 of 9 ❑ (3) With respect to the coverage provided (4) The most we will pay under this Addi- under this Additional Coverage, the tional Coverage — Interruption of Com- Covered Causes of Loss are subject to puter Operations is $2,500 for all loss the following: sustained and expense incurred in any (a) If the Causes Of Loss — Special one policy year, regardless of the num- Form applies, coverage under this ber of interruptions or the number of Additional Coverage — Interruption premises, locations or computer sys- Of Computer Operations is limited to tems involved. If loss payment relating the "specified causes of loss" as de- to the first interruption does not exhaust fined in that form, and Collapse as this amount, then the balance is avail- set forth in that form. able for loss or expense sustained or in- curred as a result of subsequent inter- (b) If the Causes Of Loss — Broad Form ruptions in that policy year. A balance applies, coverage under this Addi- remaining at the end of a policy year tional Coverage — Interruption Of does not increase the amount of insur- Computer Operations includes Col- ance in the next policy year. VViith re- lapse as set forth in that form. spect to any interruption which begins in (c) If the Causes Of Loss Form is en- one policy year and continues or results dorsed to add a Covered Cause of in additional loss or expense in a sub- Loss, the additional Covered Cause sequent policy year(s), all loss and ex- of Loss does not apply to the cover- pense is deemed to be sustained or in- age provided under this Additional curred in the policy year in which the in- Coverage — Interruption Of Com- terruption began. puter Operations. (5) This Additional Coverage — Interruption (d) The Covered Causes of Loss include in Computer Operations does not apply a virus, harmful code or similar in- to loss sustained or expense incurred struction introduced into or enacted after the end of the "period of restora- on a computer system (including tion", even if the amount of insurance electronic data) or a network to stated in (4) above has not been ex- which it is connected, designed to hausted. damage or destroy any part of the 6. Coverage Extension system or disrupt its normal opera- If a Coinsurance percentage of 50% or more is opera- tion. But there is no coverage for an p g interruption related to manipulation shown in the Declarations, you may extend the of a computer system (including insurance provided by this Coverage Part as electronic data) by any employee, follows: including a temporary or leased em- NEWLY ACQUIRED LOCATIONS ployee, or by an entity retained by a. You may extend your Business Income and you or for you to inspect, design, in- Extra Expense Coverages to apply to prop- stall, maintain, repair or replace that erty at any location you acquire other than system. fairs or exhibitions. b. The most we will pay under this Extension, for the sum of Business Income loss and Extra Expense incurred, is $100,000 at each location. Page 4 of 9 ©ISO Properties, Inc., 2007 CP 00 30 06 07 0 c. Insurance under this Extension for each If there is an appraisal, we will still retain our newly acquired location will end when any right to deny the claim. of the following first occurs: 2. Duties In The Event Of Loss (1) This policy expires; a. You must see that the following are done in (2) 30 days expire after you acquire or the event of loss: begin to construct the property; or (1) Notify the police if a law may have been (3) You report values to us. broken. We will charge you additional premium for (2) Give us prompt notice of the direct values reported from the date you acquire physical loss or damage. Include a de- the property. scription of the property involved. The Additional Condition, Coinsurance, does (3) As soon as possible, give us a descrip- not apply to this Extension. tion of how, when, and where the direct B. Limits Of Insurance physical loss or damage occurred. The most we will pay for loss in any one occur- (4) Take all reasonable steps to protect the rence is the applicable Limit of Insurance shown in Covered Property from further damage, the Declarations. and keep a record of your expenses necessary to protect the Covered Prop- Payments under the following coverages will not erty, for consideration in the settlement increase the applicable Limit of Insurance: of the claim. This will not increase the 1. Alterations And New Buildings; Limit of Insurance. However, we will not 2. Civil Authority; pay for any subsequent loss or damage 3. Extra Expense; or resulting from a cause of loss that is not 4. Extended Business Income. a Covered Cause of Loss. Also, if feasi- The amounts of insurance stated in the Interrup- ble, set the damaged property aside and tion Of Computer Operations Additional Coverage in the best possible order for examina- and the Newly Acquired Locations Coverage Ex- tion. tension apply in accordance with the terms of (5) As often as may be reasonably required, those coverages and are separate from the permit us to inspect the property proving Limit(s) of Insurance shown in the Declarations for the loss or damage and examine your any other coverage. books and records. C. Loss Conditions Also permit us to take samples of dam- The following conditions apply in addition to the aged and undamaged property for in- Common Policy Conditions and the Commercial spection, testing and analysis, and per- Property Conditions. mit us to make copies from your books and records. 1. Appraisal (6) Send us a signed, sworn proof of loss If we and you disagree on the amount of Net containing the information we request to Income and operating expense or the amount investigate the claim. You must do this of loss, either may make written demand for an within 60 days after our request. We will appraisal of the loss. In this event, each party supply you with the necessary forms, will select a competent and impartial appraiser. (7) Cooperate with us in the investigation or The two appraisers will select an umpire. If settlement of the claim. they cannot agree, either may request that se- (g) If you intend to continue your business, lection be made by a judge of a court having you must resume all or part of your"op- jurisdiction. The appraisers will state separately the amount of Net Income and operating ex- pense or amount of loss. If they fail to agree, b. We may examine any insured under oath, they will submit their differences to the umpire. while not in the presence of any other in- A decision agreed to by any two will be bind- sured and at such times as may be rea- ing. Each party will: sonably required, about any matter relating a. Pay its chosen appraiser; and to this insurance or the claim, including an insured's books and records. In the event of b. Bear the other expenses of the appraisal an examination, an insured's answers must and umpire equally, be signed. CP 00 30 06 07 0 ISO Properties, Inc., 2007 Page 5 of 9 0 3. Loss Determination c. Resumption Of Operations a. The amount of Business Income loss will be We will reduce the amount of your: determined based on: (1) Business Income loss, other than Extra (1) The Net Income of the business before Expense, to the extent you can resume the direct physical loss or damage oc- your"operations", in whole or in part, by curred; using damaged or undamaged property (2) The likely Net Income of the business if (including merchandise or stock) at the no physical loss or damage had oc- described premises or elsewhere. curred, but not including any Net Income (2) Extra Expense loss to the extent you that would likely have been earned as a can return "operations" to normal and result of an increase in the volume of discontinue such Extra Expense. business due to favorable business con- d. If you do not resume "operations", or do not ditions caused by the impact of the Cov- resume"operations" as quickly as possible, ered Cause of Loss on customers or on we will pay based on the length of time it other businesses; would have taken to resume"operations"as (3) The operating expenses, including pay- quickly as possible. roll expenses, necessary to resume"op- 4. Loss Payment erations with the same quality of ser- vice that existed just before the direct We will pay for covered loss within 30 days af- physical loss or damage; and ter we receive the sworn proof of loss, if you (4) Other relevant sources of information, have complied with all of the terms of this Cov- including: erage Part and: (a) Your financial records and account- a. We have reached agreement with you on ing procedures; the amount of loss;or (b) Bills, invoices and other vouchers; b. An appraisal award has been made. and D. Additional Condition (c) Deeds, liens or contracts. COINSURANCE b. The amount of Extra Expense will be de- If a Coinsurance percentage is shown in the Dec- termined based on: larations, the following condition applies in addition (1) All expenses that exceed the normal to the Common Policy Conditions and the Com- operating expenses that would have mercial Property Conditions. been incurred by "operations"during the We will not pay the full amount of any Business "period of restoration" if no direct physi- Income loss if the Limit of Insurance for Business cal loss or damage had occurred. We Income is less than: will deduct from the total of such ex- 1. The Coinsurance percentage shown for Busi- penses: ness Income in the Declarations;times (a) The salvage value that remains of 2. The sum of: any property bought for temporary a. The Net Income (Net Profit or Loss before use during the"period of restoration", income taxes), and once 'operations' are resumed; and b. Operating expenses, including payroll ex- (b) Any Extra Expense that is paid for by other insurance, except for insurance penses, that is written subject to the same that would have been earned or incurred (had plan, terms, conditions and provi- no loss occurred) by your "operations" at the sions as this insurance; and described premises for the 12 months following (2) Necessary expenses that reduce the the inception, or last previous anniversary date, Business Income loss that otherwise of this policy(whichever is later). would have been incurred. Page 6 of 9 ©ISO Properties, Inc., 2007 CP 00 30 06 07 ❑ Instead,we will determine the most we will pay us- EXAMPLE#1 (UN DERINSURANCE) ing the following steps: When: The Net Income and operating Step(1): Multiply the Net Income and operating expense for the 12 months following the expenses for the 12 months ex p g following the inception, or last inception, or last previous anniversary previous anniversary date, of date, of this policy by the Coinsurance this policy at the described percentage; premises would have been: $400,000 Step (2): Divide the Limit of Insurance for the The Coinsurance percentage is: 50% described premises by the figure deter- The Limit of Insurance is: $150,000 mined in Step(1); and Step(3): Multiply the total amount of loss by the The amount of loss is: $ 80,000 figure determined in Step(2). Step(1): $400,000 x 50%_ $200,000 We will pay the amount determined in Step (3) or (the minimum amount of insurance to the limit of insurance, whichever is less. For the meet your Coinsurance requirements) remainder, you will either have to rely on other in- Step (2): $150,000-$200,000= .75 surance or absorb the loss yourself. Step(3): $80,000 x.75 =$60,000 In determining operating expenses for the purpose We will pay no more than $60,000. The remaining of applying the Coinsurance condition, the follow- $20,000 is not covered. ing expenses, if applicable, shall be deducted from the total of all operating expenses: EXAMPLE#2 (ADEQUATE INSURANCE) (1) Prepaid freight—outgoing; When: The Net Income and operating (2) Returns and allowances; expenses for the 12 months (3) Discounts; following the inception, or last previous anniversary date, of (4) Bad debts; this policy at the described (5) Collection expenses; premises would have been: $400,000 (6) Cost of raw stock and factory supplies The Coinsurance percentage is: 50% consumed (including transportation The Limit of Insurance is: $200,000 charges); The amount of loss is: $ 80,000 (7) Cost of merchandise sold (including The minimum amount of insurance to meet your Co- transportation charges); insurance requirement is $200,000 ($400,000 x 50%). (8) Cost of other supplies consumed (in- Therefore, the Limit of Insurance in this example is eluding transportation charges); adequate and no penalty applies. We will pay no (9) Cost of services purchased from outsid- more than$80,000(amount of loss). ers (not employees)to resell, that do not This condition does not apply to Extra Expense Cov- continue under contract; erage. (10) Power, heat and refrigeration expenses E. Optional Coverages that do not continue under contract (if if shown as applicable in the Declarations, the fol- Form CP 15 11 is attached); lowing Optional Coverages apply separately to (11) All ordinary payroll expenses or the each item. amount of payroll expense excluded (if 1. Maximum Period Of Indemnity Form CP 15 10 is attached); and (12) Special deductions for mining properties a. The Additional Condition, Coinsurance, (royalties unless specifically included in does not apply to this Coverage Form at the described premises to which this Optional coverage; actual depletion commonly Coverage applies. known as unit or cost depletion — not percentage depletion; welfare and re- tirement fund charges based on ton- nage; hired trucks). CP 00 30 06 07 0 ISO Properties, Inc., 2007 Page 7 of 9 ❑ b. The most we will pay for the total of Busi- 3. Business Income Agreed Value ness Income loss and Extra Expense is the a. To activate this Optional Coverage: lesser of: (1) The amount of loss sustained and ex- (1) A Business Income Report/Work Sheetmust be submitted to us and must show penses incurred during the 120 days immediately following the beginning of financial data for your"operations": the"period of restoration';or (a) During the 12 months prior to the (2) The Limit of Insurance shown in the date of the Work Sheet; and Declarations. (b) Estimated for the 12 months imme- 2. Monthly Limit Of Indemnity diately following the inception of this Optional Coverage. a. The Additional Condition, Coinsurance, (2) The Declarations must indicate that the does not apply to this Coverage Form at the Business Income Agreed Value Optional described premises to which this Optional Coverage applies, and an Agreed Value Coverage applies. must be shown in the Declarations. The b. The most we will pay for loss of Business Agreed Value should be at least equal Income in each period of 30 consecutive to: days after the beginning of the "period of restoration"is: (a) The Coinsurance percentage shown in the Declarations; multiplied by (1) The Limit of Insurance, multiplied by (b) The amount of Net Income and op- (2) The fraction shown in the Declarations erating expenses for the following 12 for this Optional Coverage. months you report on the Work EXAMPLE Sheet. When: The Limit of Insurance is: $ 120,000 b. The Additional Condition, Coinsurance, is suspended until: The fraction shown in the Declarations for this Optional (1) 12 months after the effective date of this Coverage is: 1/4 Optional Coverage; or The most we will pay for loss in (2) The expiration date of this policy; each period of 30 consecutive whichever occurs first. days is: $ 30,000 c. We will reinstate the Additional Condition, ($120,000 x 1/4= $30,000) Coinsurance, automatically if you do not If, in this example, the actual submit a new Work Sheet and Agreed amount of loss is: Value: Days 1-30: $ 40,000 (1) Within 12 months of the effective date of Days 31-60: $ 20,000 this Optional Coverage; or Days 61-90: $ 30,000 (2) When you request a change in your $ 90,000 Business Income Limit of Insurance. We will pay: d. If the Business Income Limit of Insurance is less than the Agreed Value, we will not pay Days 1-30: $ 30,000 more of any loss than the amount of loss Days 31-60: $ 20,000 multiplied by: Days61-90: $ 30,000 (1) The Business Income Limit of Insur- $ 80,000 ance; divided by The remaining $10,000 is not covered. (2) The Agreed Value. Page 8 of 9 0 ISO Properties, Inc., 2007 CP 00 30 06 07 ❑ EXAMPLE "Period of restoration" does not include any in- When: The Limit of Insurance is: $100,000 creased period required due to the enforce- ment of any ordinance or law that: The Agreed Value is: $200,000 (1) Regulates the construction, use or re- The amount of loss is: $ 80,000 pair, or requires the tearing down, of any Step(1): $100,000_$200,000= .50 property; or Step(2): .50 x$80,000=$40,000 (2) Requires any insured or others to test We will pay $40,000. The remaining $40,000 is not for, monitor, clean up, remove, contain, covered. treat, detoxify or neutralize, or in any way respond to, or assess the effects of 4. Extended Period Of Indemnity "pollutants". Under Paragraph A.S.c., Extended Business The expiration date of this policy will not cut Income, the number 30 in Subparagraphs short the"period of restoration". (1)(b) and (2)(b) is replaced by the number 4. "Pollutants"means any solid, liquid, gaseous or shown in the Declarations for this Optional thermal irritant or contaminant, including Coverage. smoke, vapor, soot, fumes, acids, alkalis, F. Definitions chemicals and waste. Waste includes materials 1. "Finished stock" means stock you have manu- to be recycled, reconditioned or reclaimed. factured. S. "Rental Value" means Business Income that "Finished stock" also includes whiskey and al- consists of: coholic products being aged, unless there is a a. Net Income (Net Profit or Loss before in- Coinsurance percentage shown for Business come taxes) that would have been earned Income in the Declarations. or incurred as rental income from tenant "Finished stock" does not include stock you occupancy of the premises described in the have manufactured that is held for sale on the Declarations as furnished and equipped by premises of any retail outlet insured under this you, including fair rental value of any por- Coverage Part. tion of the described premises which is oc- cupied by you; and 2. "Operations"means: b. Continuing normal operating expenses a. Your business activities occurring at the incurred in connection with that premises, described premises; and including: b. The tenantability of the described premises, (1) Payroll;and if coverage for Business Income Including (2) The amount of charges which are the "Rental Value"or"Rental Value"applies. legal obligation of the tenant(s) but 3. "Period of restoration"means the period of time would otherwise be your obligations. that: 6. "Suspension"means: a. Begins: a. The slowdown or cessation of your busi- (1) 72 hours after the time of direct physical ness activities; or loss or damage for Business Income b. That a part or all of the described premises Coverage; or is rendered untenantable, if coverage for (2) Immediately after the time of direct Business Income Including "Rental Value" physical loss or damage for Extra Ex- or"Rental Value" applies. pense Coverage; caused by or resulting from any Covered Cause of Loss at the described premises; and b. Ends on the earlier of: (1) The date when the property at the de- scribed premises should be repaired, rebuilt or replaced with reasonable speed and similar quality; or (2) The date when business is resumed at a new permanent location. CP 00 30 06 07 0 ISO Properties, Inc.,2007 Page 9 of 9 0 COMMERCIAL PROPERTY COMMERCIAL PROPERTY CONDITIONS This Coverage Part is subject to the following conditions, the Common Policy Conditions and applicable Loss Conditions and Additional Conditions in Commercial Property Coverage Forms. A. CONCEALMENT, MISREPRESENTATION OR F. NO BENEFIT TO BAILEE FRAUD No person or organization, other than you, having This Coverage Part is void in any case of fraud by custody of Covered Property will benefit from this you as it relates to this Coverage Part at any time. insurance. It is also void if you or any other insured, at any G. OTHER INSURANCE time, intentionally conceal or misrepresent a mate- rial fact concerning: 1. You may have other insurance subject to the 1. This Coverage Part; same plan, terms, conditions and provisions as the insurance under this Coverage Part. If you 2. The Covered Property; do, we will pay our share of the covered loss or 3. Your interest in the Covered Property; or damage. Our share is the proportion that the applicable Limit of Insurance under this Cover- 4. A claim under this Coverage Part. age Part bears to the Limits of Insurance of all B. CONTROL OF PROPERTY insurance covering on the same basis. Any act or neglect of any person other than you 2. If there is other insurance covering the same beyond your direction or control will not affect this loss or damage, other than that described in 1. insurance. above, we will pay only for the amount of cov- The breach of any condition of this Coverage Part ered loss or damage in excess of the amount at any one or more locations will not affect cover- due from that other insurance, whether you can age at any location where, at the time of loss or collect on it or not. But we will not pay more damage,the breach of condition does not exist. than the applicable Limit of Insurance. C. INSURANCE UNDER TWO OR MORE COVER- H. POLICY PERIOD,COVERAGE TERRITORY AGES Under this Coverage Part: If two or more of this policy's coverages apply to 1. We cover loss or damage commencing: the same loss or damage, we will not pay more a. During the policy period shown in the Dec- than the actual amount of the loss or damage. larations; and D. LEGAL ACTION AGAINST US b. Within the coverage territory. No one may bring a legal action against us under 2. The coverage territory is: this Coverage Part unless: a. The United States of America (including its 1. There has been full compliance with all of the territories and possessions); terms of this Coverage Part; and b. Puerto Rico; and 2. The action is brought within 2 years after the c. Canada. date on which the direct physical loss or dam- age occurred. E. LIBERALIZATION If we adopt any revision that would broaden the coverage under this Coverage Part without addi- tional premium within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this Coverage Part. CP 00 90 07 88 Copyright, ISO Commercial Risk Services, Inc., 1983, 1987 Page 1 of 2 ❑ t. TRANSFER OF RIGHTS OF RECOVERY 1. Prior to a loss to your Covered Property or AGAINST OTHERS TO US Covered Income. If any person or organization to or for whom we 2. After a loss to your Covered Property or Cov- make payment under this Coverage Part has ered Income only if, at time of loss, that party is rights to recover damages from another, those one of the following: rights are transferred to us to the extent of our a. Someone insured by this insurance; payment. That person or organization must do everything necessary to secure our rights and b. A business firm: must do nothing after loss to impair them. But you (1) Owned or controlled by you; or may waive your rights against another party in (2) That owns or controls you;or writing: c. Your tenant. This will not restrict your insurance. Page 2 of 2 Copyright, ISO Commercial Risk Services, Inc., 1983, 1987 CP 00 90 07 88 ❑ COMMERCIAL PROPERTY CP 0126 08 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART A. The following is added: (3) Nothing if others pay for repairs or re- Vehicles placement. The word "vehicles"as used in this Coverage Part E. The Mortgageholders Additional Condition is means vehicles running on land or tracks, but not replaced by the following: aircraft. Insurance Commissioner's Regulation No. B. In the Appraisal Condition, the following state- 335/WAC-284-21-010 requires that Form 372 (Ed. ment does not apply: If there is an appraisal, we 11-50) or Form 438 BFU (Ed. 5-42) be endorsed will still retain our right to deny a claim. on this policy to replace the Mortgageholders Additional Condition. C. Loss Condition—Duties In The Event Of Loss Or Damage F. Subparagraph e. of the Replacement Cost Op- The duty to notify the police if a law may have tional Coverage is replaced by the following: been broken does not apply. e. We will not pay more for loss or damage on a replacement cost basis than the least of(1), (2) D. Subparagraph e. of the Valuation Loss Condition or(3), subject to f.below: in the Building And Personal Property Coverage Form is replaced by the following: (1) The Limit of Insurance applicable to the lost e. We will determine the value of Tenant's Im- or damaged property; provements and Betterments in the event of (2) The amount it would cost to replace the loss or damage at: damaged item at the time of the loss with new property of similar kind and quality to (1) Actual cash value of the lost or damaged be used for the same purpose; or property if you make repairs within a rea- sonable time after loss. (3) The amount actually spent in repairing the damage, or replacing the damaged property (2) A proportion of your original cost if you do with new property of similar kind and qual- not make repairs within a reasonable time ity after loss. We will determine the propor- tionate value as follows: If a building is rebuilt at a new premises, the cost described in e.(2) above is limited to the (a) Multiply the original cost by the number cost which would have been incurred if the of days from the loss or damage to the building had been rebuilt at the original prem- expiration of the lease; and ises. (b) Divide the amount determined in (a) G. Paragraph A.11., Volcanic Action, of the Causes above by the number of days from the Of Loss — Basic Form and the Causes Of Loss — installation of improvements to the expi- Broad Form; ration of the lease. The term Volcanic Action in Paragraph B.1.b.(5) If your lease contains a renewal option, and Paragraph F.of the Causes Of Loss—Special the expiration of the renewal option pe- Form; and riod will replace the expiration of the lease in this procedure. CP 0126 08 08 0 Insurance Services Office, Inc., 2008 Page 1 of 3 ❑ The term Volcanic Action in Paragraphs A.2.c.(9), b. Explosion; B.1.b.(5) and 1.4. of the Mortgageholders Errors c. Flood, surface water, waves (including And Omissions Coverage Form are replaced by tidal wave and tsunami), tides, tidal wa- the following: ter, overflow of any body of water, or Volcanic Action spray from any of these, all whether or 1. Volcanic Action means direct loss or dam- not driven by wind (including storm age resulting from the eruption of a volcano surge); or when the loss or damage is caused by: d. Earth movement, including but not lim- a. Volcanic blast or airborne shock waves; ited to earthquake, volcanic eruption, or landslide, mine subsidence, lava flow, mudflow, earth sinking, earth rising or b. Ash, dust or particulate matter. shifting. This endorsement does not provide cover- H. Exclusion 2.d. of the Causes Of Loss — Special age for damage to: Form is replaced by the following: (1) Land; d.(1) Wear and tear, (2) Property in the open or in open (2) Rust, corrosion, fungus, decay, dete- sheds;or rioration, hidden or latent defect or (3) Portions of buildings not completely any quality in property that causes it enclosed, or personal property con- to damage or destroy itself; tained within those buildings. (3) Smog; All volcanic eruptions that occur within (4) Settling, cracking, shrinking or ex- any 168-hour period will constitute a sin- pansion; gle occurrence. 2. Removal (5) Nesting or infestation, or discharge or release of waste products or se- Direct loss includes the cost to: cretions, by insects, birds, rodents or a. Remove the ash, dust or particulate other animals; matter from the interior and exterior sur- (6) Mechanical breakdown, including faces of the covered building; and rupture or bursting caused by cen- b. Clean equipment and "stock". If "stock" trifugal force. But if mechanical cannot be returned to its state before breakdown results in elevator colli- the volcanic eruption, the measure of sion, we will pay for the loss or dam- loss will be the reduction in actual cash age caused by that elevator collision; value. (7) The following causes of loss to per- Payment for removal applies only to the ini- sonal property: tial deposit of ash, dust or particulate matter (a) Dampness or dryness of atmos- following a volcanic eruption. Subsequent phere; deposits arising from the movement of vol- (b) Changes in or extremes of tem- canic dust or ash by wind or other means perature; or are not covered- The Marring or scratching. The following provision applies only to: But if an excluded cause of loss that is (1) Business Income (And Extra Ex- listed in 2.d.(1) through (7) results in a pense) Coverage Form; "specified cause of loss", building glass (2) Business Income (Without Extra breakage or collapse, as provided in the Expense)Coverage Form;and Additional Coverage—Collapse,we will pay for the loss or damage caused by that (3) Extra Expense Coverage Form: "specified cause of loss", building glass The "period of restoration" arising from the breakage or collapse. need for removal is the time necessary to I. Legal Action Against Us remove the matter described with reason- able speed from the Covered Property. 1. Paragraphs 2. and 3. do not apply to the Legal 3. Volcanic Action does not include loss Liability Coverage Form or to Coverages C and caused by, resulting from, contributed to or D under the Mortgageholders Errors And aggravated by: Omissions Coverage Form. a. Fire; Page 2 of 3 0 Insurance Services Office, Inc., 2008 CP 01 26 08 08 ❑ 2. The Legal Action Against Us Condition in the 3. In the Mortgageholders Errors And Omissions Commercial Property Conditions is replaced by Coverage Form, the Legal Action Against Us the following: Condition applicable to Coverages A and B is Legal Action Against Us replaced by the following: No one may bring a legal action against us un- No one may bring a legal action against us un- der this Coverage Part unless: der Coverages A and B unless: a. There has been full compliance with all of a. There has been full compliance with all of the terms of this Coverage Part; and the terms of Coverages A and B;and b. The action is brought within two years after b. The action is brought within two years after the date on which the direct physical loss or you discover the error or accidental omis- damage occurred. sion. If this action is brought pursuant to Sec. 3 of If this action is brought pursuant to Sec. 3 of RCW 48.30 then 20 days prior to filing such an RCW 48.30 then 20 days prior to filing such an action, you are required to provide written no- action, you are required to provide written no- tice of the basis for the cause of action to us tice of the basis for the cause of action to us and the Office of the Insurance Commissioner. and the Office of the Insurance Commissioner. Such notice may be sent by regular mail, regis- Such notice may be sent by regular mail, regis- tered mail or certified mail with return receipt tered mail or certified mail with return receipt requested. requested. CP 01 26 08 08 0 Insurance Services Office, Inc., 2008 Page 3 of 3 13 COMMERCIAL PROPERTY CP01400706 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART STANDARD PROPERTY POLICY A. The exclusion set forth in Paragraph B. applies to D. The following provisions in this Coverage Part or all coverage under all forms and endorsements Policy are hereby amended to remove reference that comprise this Coverage Part or Policy, includ- to bacteria: ing but not limited to forms or endorsements that 1. Exclusion of"Fungus", Wet Rot, Dry Rot And cover property damage to buildings or personal Bacteria;and property and forms or endorsements that cover business income, extra expense or action of civil 2. Additional Coverage — Limited Coverage for authority. "Fungus", Wet Rot, Dry Rot And Bacteria, in- cluding any endorsement increasing the scope B. We will not pay for loss or damage caused by or or amount of coverage. resulting from any virus, bacterium or other micro- organism that induces or is capable of inducing E. The terms of the exclusion in Paragraph B., or the physical distress, illness or disease. inapplicability of this exclusion to a particular loss, However, this exclusion does not apply to loss or do not serve to create coverage for any loss that damage caused by or resulting from "fungus", wet would otherwise be excluded under this Coverage rot or dry rot. Such loss or damage is addressed in Part or Policy. a separate exclusion in this Coverage Part or Pol- icy. C. With respect to any loss or damage subject to the exclusion in Paragraph B., such exclusion super- sedes any exclusion relating to"pollutants". CP 0140 07 06 0 ISO Properties, Inc., 2006 Page 1 of 1 ❑ COMMERCIAL PROPERTY CP 01 60 12 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES -- DOMESTIC ABUSE This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART STANDARD PROPERTY POLICY A. The following exclusion and related provisions are B. The following is added to the Transfer Of Rights added to Paragraph B.2. Exclusions in the Of Recovery Against Others To Us Commercial Causes Of Loss Forms and to any Coverage Form Property Condition: or policy to which a Causes Of Loss Form is not If we pay an insured, who is a victim of"domestic attached: abuse", for a loss caused by an act of "domestic 1. We will not pay for loss or damage arising out abuse", the rights of that insured to recover dam- of any act committed: ages from the perpetrator of the abuse are trans- a. By or at the direction of any insured; and ferred to us to the extent of our payment. That in- sured may not waive such rights to recover b. With the intent to cause a loss. against the perpetrator of the"domestic abuse". 2. However, this exclusion or the Concealment, C. As used in this endorsement, "domestic abuse" Misrepresentation Or Fraud Condition will not means: apply to deny an insured's claim for an other- wise covered property loss if such loss is 1. Physical harm, bodily injury, assault or the caused by an act of "domestic abuse" by an- infliction of fear of imminent physical harm, other insured under the policy, and the insured bodily injury or assault between family or making claim: household members; a. Files a police report and cooperates with 2. Sexual assault of one family or household any law enforcement investigation relating member by another; to the act of"domestic abuse'; and 3. Stalking, as defined in RCW 9A.46.110 of one b. Did not cooperate in or contribute to the family or household member by another family creation of the loss. or household member, or 3. If we pay a claim pursuant to Paragraph A.2., 4. Intentionally, knowingly or recklessly causing our payment to the insured is limited to that in- damage to property so as to intimidate or at- sured's insurable interest in the property less tempt to control the behavior of another family any payments we first made to a mortgagee or or household member. other party with a legal secured interest in the property. In no event will we pay more than the Limit of Insurance. CP 01 60 12 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ❑ COMMERCIAL PROPERTY CP 01 79 08 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES - EXCLUDED CAUSES OF LOSS This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART STANDARD PROPERTY POLICY A. In each of the following Forms: 4. Water under the ground surface pressing on, 1. Causes Of Loss—Basic Form or flowing or seeping through: 2. Causes Of Loss—Broad Form a. Foundations, walls, floors or paved sur- 3. Causes Of Loss—Special Form faces; 4. Mortgageholders Errors And Omissions Cov- b. Basements,whether paved or not;or erage Form c. Doors,windows or other openings;or 5. Standard Property Policy 5. Waterbome material carried or otherwise moved by any of the water referred to in Para- in the sections titled Covered Causes Of Loss or graph 1., 3. or 4., or material carried or other- Exclusions, any introductory paragraph preceding wise moved by mudslide or mudflow. an exclusion or list of exclusions is replaced by the following paragraph, which pertains to application This exclusion applies if any of the above, in of those exclusions: Paragraphs 1.through 5.: We will not pay for loss or damage caused by any (a) Occurs independently; of the excluded events described below. Loss or (b) is caused by an act,of nature; damage will be considered to have been caused (c) Is caused by an act or omission of humans or by an excluded event if the occurrence of that animals; or event: a. Directly and solely results in loss or dam- (d) Is attributable to the failure, in whole or in part, of a dam, levee, seawall or other boundary or age; or containment system. b. Initiates a sequence of events that results in But if any of the above, in Paragraphs 1. through loss or damage, regardless of the nature of 5., results in fire, explosion or sprinkler leakage, any intermediate or final event in that se- we will pay for the loss or damage caused by that quence, fire, explosion or sprinkler leakage (if sprinkler B. The following exclusion replaces the Water Exclu- leakage is a Covered Cause of Loss). sion in this Coverage Part or Policy: C. The Weather Conditions exclusions (Paragraph Water 13.3.a. in the Causes Of Loss — Special Form; 1. Flood, surface water, waves (including tidal Paragraph 13.3.b. in the Mortgageholders Errors wave and tsunami), tides, tidal water, overflow And Omissions Coverage Form) are deleted and of any body of water, or spray from any of the introductory paragraph preceding such exclu- these, all whether or not driven by wind (includ- sions no longer applies to them. The following ex- ing storm surge); clusion replaces the aforementioned exclusions: 2. Mudslide or mudflow; Weather Conditions 3. Water that backs up or overflows or is other- We will not pay for loss or damage caused by or wise discharged from a sewer, drain, sump, resulting from any of the following: sump pump or related equipment; 1. A weather condition which results in: a. Landslide, mudslide or mudflow; CP 0179 08 08 C Insurance Services Office, Inc., 2008 Page 1 of 2 13 b. Mine subsidence; earth sinking, rising or b. Originates at the described premises, but shifting (other than sinkhole collapse); only if such failure involves equipment used c. Water, as described in Paragraphs B.1. to supply the utility service to the described through B.S.of this endorsement; premises from a source away from the de- But if loss or damage by fire, explosion or scribed premises. sprinkler leakage results, we will pay for the But if loss or damage by a Covered Cause of loss or damage caused by that fire, explosion Loss results, we will pay for that resulting loss or sprinkler leakage (if sprinkler leakage is a or damage. Covered Cause of Loss). 2. A weather condition which results in the failure of power, communication, water or other utility service supplied to the described premises, if the failure: a. Originates away from the described prem- ises; or Page 2 of 2 Q Insurance Services Office, Inc., 2008 CP 01 79 08 08 0 COMMERCIAL PROPERTY CP 0198 08 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES This endorsement modifies insurance provided under the following: STANDARD PROPERTY POLICY A. Paragraph i., Volcanic Action, under Covered (4) Volcanic Action does not include loss Causes Of Loss is replaced by the following: caused by, resulting from, contributed to i. Volcanic Action or aggravated by: (1) Volcanic Action means direct loss or (a) Fire; damage resulting from the eruption of a (b) Explosion; volcano when the loss or damage is (c) Flood, surface water, waves (includ- caused by: ing tidal wave and tsunami), tides, (a) Volcanic blast or airborne shock tidal water, overflow of any body of waves;or water, or spray from any of these, all (b) Ash, dust or particulate matter. whether or not driven by wind (in- cluding storm surge); or (2) This endorsement does not provide (d) Earth movement, including but not coverage for damage to: limited to earthquake, volcanic erup- (a) Land; tion, landslide, mine subsidence, (b) Property in the open or in open lava flow, mudflow, earth sinking, sheds;or earth rising or shifting. (c) Portions of buildings not completely B. The Cancellation Common Policy Condition is enclosed, or personal property con- replaced by the following: tained within those buildings. 1. The first Named Insured shown in the Declara- All volcanic eruptions that occur within tions may cancel this policy by mailing or deliv- any 168-hour period will constitute a sin- ering to us advance written notice of cancella- gle occurrence. tion. (3) Removal 2. We may cancel this policy by mailing or deliv- Direct loss includes the cost to: ering to the first Named Insured and the first Named Insured's agent or broker written notice (a) Remove the ash, dust or particulate of cancellation, including the actual reason for matter from the interior and exterior the cancellation, to the last mailing address surfaces of the covered building; and known to us, at least: (b) Clean equipment and "stock". If a. 10 days before the effective date of cancel- "stock" cannot be returned to its lation if we cancel for nonpayment of pre- state before the volcanic eruption, mium; or the measure of loss will be the re- b. 45 days before the effective date of cancel- duction in actual cash value. lation if we cancel for any other reason; Payment for removal applies only to the except as provided in Paragraph 3. below. initial deposit of ash, dust or particulate matter following a volcanic eruption. Subsequent deposits arising from the movement of volcanic dust or ash by wind or other means are not covered. CP 0198 08 08 0 Insurance Services Office, Inc., 2008 Page 1 of 3 ❑ 3. We may cancel this policy by mailing or deliv- 6. If this policy is cancelled, we will send the first eying to the first Named Insured and the first Named Insured any premium refund due. If we Named Insured's agent or broker written notice cancel, the refund will be pro rata. If the first of cancellation at least five days before the ef- Named Insured cancels, the refund will be at fective date of cancellation for any structure least 90% of the pro rata refund. The cancella- where two or more of the following conditions tion will be effective even if we have not made exist: or offered a refund. a. Without reasonable explanation, the struc- 7. If notice is mailed, proof of mailing will be suffi- ture is unoccupied for more than 60 con- cient proof of notice. secutive days, or at least 65% of the rental C. The last paragraph of the Appraisal Loss Condi- units are unoccupied for more than 120 tion does not apply. consecutive days unless the structure is maintained for seasonal occupancy or is D. Subparagraph a.(1)of the Duties In The Event Of under construction or repair; Loss Or Damage Loss Condition does not apply. b. Without reasonable explanation, progress E. Subparagraph d. of the Valuation Loss Condition toward completion of permanent repairs to is replaced by the following: the structure has not occurred within 60 d. We will determine the value of Tenant's days after receipt of funds following satis- Improvements and Betterments in the event factory adjustment or adjudication of loss of loss or damage at: resulting from a fire; (1) Actual cash value of the lost or dam- c. Because of its physical condition, the struc- aged property if you make repairs within ture is in danger of collapse; a reasonable time after loss. d. Because of its physical condition, a vaca- (2) A proportion of your original cost if you tion or demolition order has been issued for do not make repairs within a reasonable the structure, or it has been declared un- time after loss. We will determine the safe in accordance with applicable law; proportionate value as follows: e. Fixed and salvageable items have been (a) Multiply the original cost by the num- removed from the structure, indicating an ber of days from the loss or damage intent to vacate the structure; to the expiration of the lease; and f. Without reasonable explanation, heat, wa- (b) Divide the amount determined in (a) ter, sewer and electricity are not furnished above by the number of days from for the structure for 60 consecutive days; or the installation of improvements to g. The structure is not maintained in substan- the expiration of the lease. tial compliance with fire, safety and building If your lease contains a renewal option, the codes. expiration of the renewal option period will 4. We will also mail or deliver to any mortgage- replace the expiration of the lease. holder, pledgee or other person shown in this (3) Nothing if others pay for repairs or re- policy to have an interest in any loss which placement. may occur under this policy, at their last mail- F. The Mortgageholders Additional Condition is ing address known to us, written notice of can- replaced by the following: cellation, prior to the effective date of cancella- tion. If cancellation is for reasons other than Insurance Commissioner's Regulation No. those contained in Paragraph B.3. above, this 335/WAC-284-21-010 requires that Form 372 (Ed. notice will be the same as that mailed or deliv- 11-50) or Form 438 BFU (Ed. 5-42) be endorsed ered to the first Named Insured_ If cancellation on this policy to replace the Mortgageholders is for a reason contained in Paragraph B.3. Additional Condition. above, we will mail or deliver this notice at G. The following is added: least 20 days prior to the effective date of can- Vehicles cellation. 5. Notice of cancellation will state the effective The word "vehicles" as used in this policy means date of cancellation. The policy period will end vehicles running on land or tracks, but not aircraft. on that date. Page 2 of 3 0 Insurance Services Office, Inc., 2008 CP 01 98 08 08 ❑ H. The following is added: b. Other coverage acceptable to the insured Nonrenewal has been procured prior to the expiration date of this policy. We may elect not to renew this policy by mailing or I. The Legal Action Against Us Additional Condi- delivering written notice of nonrenewal, stating the lion is replaced the following: reasons for nonrenewal, to the first Named In- sured and the first Named Insured's agent or bro- Legal Action Against Us ker at their last mailing addresses known to us. No one may bring a legal action against us under We will also mail to any mortgageholder, pledgee this policy unless: or other person shown in this policy to have an in- terest in any loss which may occur under this pol- 1. There has been full compliance with all of the icy, at their last mailing address known to us, writ- terms of this policy; and ten notice of nonrenewal. We will mail or deliver 2. The action is brought within two years after the these notices at least 45 days before the: date on which the direct physical loss or dam- 1. Expiration of the policy; or age occurred. 2. Anniversary date of this policy if this policy has If this action is brought pursuant to Sec. 3 of RCW been written for a term of more than one year. 48.30 then 20 days prior to filing such an action, Otherwise,we will renew this policy unless: you are required to provide written notice of the basis for the cause of action to us and the Office a. The first Named Insured fails to pay the of the Insurance Commissioner. Such notice may renewal premium after we have expressed be sent by regular mail, registered mail or certified our willingness to renew, including a state- mail with return receipt requested. ment of the renewal premium, to the first Named Insured and the first Named In- sured's agent or broker at least 20 days be- fore the expiration date; or CP 0198 08 08 ©Insurance Services Office, Inc., 2008 Page 3 of 3 [J COMMERCIAL PROPERTY CP 10 30 06 07 CAUSES OF LOSS - SPECIAL FORM Words and phrases that appear in quotation marks have special meaning_ Refer to Section G., Definitions. A. Covered Causes Of Loss (4) Earth sinking (other than sinkhole col- When Special is shown in the Declarations, Cov- lapse), rising or shifting including soil ered Causes of Loss means Risks Of Direct conditions which cause settling, crack- Physical Loss unless the loss is: ing or other disarrangement of founda- tions or other parts of realty. Soil condi- tions include contraction, expansion, 2. Limited in Section C., Limitations; freezing, thawing, erosion, improperly that follow. compacted soil and the action of water under the ground surface. B. Exclusions But if Earth Movement, as described in 1. We will not pay for loss or damage caused b.(1) through (4) above, results in fire or directly or indirectly by any of the following. explosion, we will pay for the loss or dam- Such loss or damage is excluded regardless of age caused by that fire or explosion. any other cause or event that contributes con- (5) Volcanic eruption, explosion or effusion. currently or in any sequence to the loss. But if volcanic eruption, explosion or ef- a. Ordinance Or Law fusion results in fire, building glass The enforcement of any ordinance or law: breakage or Volcanic Action, we will pay (1) Regulating the construction, use or for the loss or damage caused by that repair of any property;or fire, building glass breakage or Volcanic Action. (2) Requiring the tearing down of any prop- Volcanic Action means direct loss or erty, including the cost of removing its damage resulting from the eruption of a debris. volcano when the loss or damage is This exclusion, Ordinance Or Law, applies caused by: whether the loss results from: (a) Airborne volcanic blast or airborne (a) An ordinance or law that is enforced shock waves; even if the property has not been (b) Ash, dust or particulate matter; or damaged; or (b) The increased costs incurred to (c) Lava flow. comply with an ordinance or law in All volcanic eruptions that occur within the course of construction, repair, any 168-hour period will constitute a renovation, remodeling or demolition single occurrence_ of property, or removal of its debris, Volcanic Action does not include the following a physical loss to that cost to remove ash, dust or particulate property. matter that does not cause direct physi- b. Earth Movement cal loss or damage to the described (1) Earthquake, including any earth sinking, property. rising or shifting related to such event; c. Governmental Action (2) Landslide, including any earth sinking, Seizure or destruction of property by order rising or shifting related to such event; of governmental authority- (3) Mine subsidence, meaning subsidence But we will pay for loss or damage caused of a man-made mine, whether or not by or resulting from acts of destruction or- mining activity has ceased; dered by governmental authority and taken at the time of a fire to prevent its spread, if the fire would be covered under this Cover- age Part. CP 10 30 06 07 C ISO Properties, Inc., 2007 Page 1 of 10 0 d. Nuclear Hazard g. Water Nuclear reaction or radiation, or radioactive (1) Flood, surface water, waves, tides, tidal contamination, however caused. waves, overflow of any body of water, or But if nuclear reaction or radiation, or radio- their spray, all whether driven by wind or active contamination, results in fire, we will not; pay for the loss or damage caused by that (2) Mudslide or mudflow; fire. (3) Water that backs up or overflows from a e. Utility Services sewer,drain or sump; or The failure of power, communication, water (4) Water under the ground surface press- or other utility service supplied to the de- ing on, or flowing or seeping through: scribed premises, however caused, if the (a) Foundations, walls, floors or paved failure: surfaces; (1) Originates away from the described (b) Basements, whether paved or not; or premises;or (2) Originates at the described premises, (c) Doors,windows or other openings. but only if such failure involves equip- But if Water, as described in g.(1) through ment used to supply the utility service to g.(4) above, results in fire, explosion or the described premises from a source sprinkler leakage, we will pay for the loss or away from the described premises. damage caused by that fire, explosion or Failure of any utility service includes lack of sprinkler leakage. sufficient capacity and reduction in supply. h. "Fungus",Wet Rot, Dry Rot And Loss or damage caused by a surge of Bacteria power is also excluded, if the surge would Presence, growth, proliferation, spread or not have occurred but for an event causing any activity of "fungus", wet or dry rot or a failure of power. bacteria. But if the failure or surge of power, or the But if"fungus", wet or dry rot or bacteria re- failure of communication,water or other util- sults in a "specified cause of loss", we will ity service, results in a Covered Cause of pay for the loss or damage caused by that Loss, we will pay for the loss or damage "specified cause of loss". caused by that Covered Cause of Loss. This exclusion does not apply: Communication services include but are not 1. When"fungus",wet or dry rot or bacteria limited to service relating to Internet access results from fire or lightning; or or access to any electronic, cellular or satel- 2_ To the extent that coverage is provided lite network. in the Additional Coverage — Limited f. War And Military Action Coverage For "Fungus", Wet Rot, Dry (1) War, including undeclared or civil war; Rot And Bacteria with respect to loss or (2) Warlike action by a military force, includ- damage by a cause of loss other than fire or lightning. ing action in hindering or defending against an actual or expected attack, by Exclusions B.1.a.through B.1.h.apply whether any government, sovereign or other au- or not the loss event results in widespread thority using military personnel or other damage or affects a substantial area. agents; or 2. We will not pay for loss or damage caused by (3) Insurrection, rebellion, revolution, or resulting from any of the following: usurped power, or action taken by gov- a. Artificially generated electrical, magnetic or ernmental authority in hindering or de- electromagnetic energy that damages, dis- fending against any of these. turbs, disrupts or otherwise interferes with any: (1) Electrical or electronic wire, device, appliance, system or network; or (2) Device, appliance, system or network utilizing cellular or satellite technology. Page 2 of 10 ©ISO Properties, Inc., 2007 CP 10 30 06 07 13 For the purpose of this exclusion, electrical, e. Explosion of steam boilers, steam pipes, magnetic or electromagnetic energy in- steam engines or steam turbines owned or cludes but is not limited to: leased by you, or operated under your con- (a) Electrical current, including arcing; trol. But if explosion of steam boilers, steam pipes, steam engines or steam turbines re- (b) Electrical charge produced or con- sults in fire or combustion explosion, we will ducted by a magnetic or electromag- pay for the loss or damage caused by that netic field; fire or combustion explosion. We will also (c) Pulse of electromagnetic energy; or pay for loss or damage caused by or result- (d) Electromagnetic waves or micro- ing from the explosion of gases or fuel waves. within the furnace of any fired vessel or within the flues or passages through which But if fire results, we will pay for the loss or the gases of combustion pass. damage caused by that fire. f. Continuous or repeated seepage or leak- b. Delay, loss of use or loss of market. age of water, or the presence or condensa- c. Smoke, vapor or gas from agricultural tion of humidity, moisture or vapor, that oc- smudging or industrial operations. curs over a period of 14 days or more. d.(1) Wear and tear, g. Water, other liquids, powder or molten (2) Rust or other corrosion, decay, deterio- material that leaks or flows from plumbing, ration, hidden or latent defect or any heating, air conditioning or other equipment quality in property that causes it to dam- (except fire protective systems) caused by age or destroy itself; or resulting from freezing, unless: (3) Smog; (1) You do your best to maintain heat in the building or structure; or (a) Settling, cracking, shrinking or expan-sion; (2) You drain the equipment and shut off the supply if the heat is not maintained. (5) Nesting or infestation, or discharge or h. Dishonest or criminal act by you, any of release of waste products or secretions, your partners, members, officers, manag- m insects, birds, rodents or other ani- ers, employees (including leased employ- als. ees), directors, trustees, authorized repre- (6) Mechanical breakdown, including rup- sentatives or anyone to whom you entrust ture or bursting caused by centrifugal the property for any purpose: force. But if mechanical breakdown re- (1) Acting alone or in collusion with others; sults in elevator collision, we will pay for or the loss or damage caused by that ele- vator collision. (2) Whether or not occurring during the (7) The following causes of loss to personal hours of employment. property: This exclusion does not apply to acts of de- (a) Dampness or dryness of atmos- struction by your employees (including phere; leased employees); but theft by employees (including leased employees) is not cov- (b) Changes in or extremes of tempera- ered. ture; or i. Voluntary parting with any property by you (c) Marring or scratching. or anyone else to whom you have entrusted But if an excluded cause of loss that is the property if induced to do so by any listed in 2.d.(1) through (7) results in a fraudulent scheme, trick, device or false "specified cause of loss" or building glass pretense. breakage, we will pay for the loss or dam- j. Rain, snow, ice or sleet to personal prop- age caused by that "specified cause of erty in the open. loss"or building glass breakage. CP 10 30 06 07 ©ISO Properties, Inc., 2007 Page 3 of 10 ❑ k. Collapse, including any of the following a. Weather conditions. But this exclusion only conditions of property or any part of the applies if weather conditions contribute in property: any way with a cause or event excluded in (1) An abrupt falling down or caving in; Paragraph 1. above to produce the loss or (2) Loss of structural integrity, including damage. separation of parts of the property or b. Acts or decisions, including the failure to act property in danger of falling down or or decide, of any person, group, organiza- caving in; or tion or governmental body. (3) Any cracking, bulging, sagging, bending, c. Faulty, inadequate or defective: leaning, settling, shrinkage or expansion (1) Planning, zoning, development, survey- as such condition relates to (1) or (2) ing, siting; above. (2) Design, specifications, workmanship, But if collapse results in a Covered Cause repair, construction, renovation, remod- of Loss at the described premises, we will eling, grading, compaction; pay for the loss or damage caused by that (3) Materials used in repair, construction, Covered Cause of Loss. renovation or remodeling; or This exclusion, k.,does not apply: (4) Maintenance; (a) To the extent that coverage is pro- of part or all of any property on or off the vided under the Additional Coverage described premises. —Collapse; or (b) To collapse caused by one or more 4. Special Exclusions of the following: The following provisions apply only to the (i) The"specified causes of loss'; specified Coverage Forms. u Breakage of building lass; a. Business Income(And Extra Expense) ( ) g g g Coverage Form, Business Income (iii) Weight of rain that collects on a (Without Extra Expense)Coverage Form, roof,or Or Extra Expense Coverage Form (iv) Weight of people or personal We will not pay for: property. (1) Any loss caused by or resulting from: 1. Discharge, dispersal, seepage, migration, (a) Damage or destruction of "finished release or escape of"pollutants" unless the stock'; or discharge, dispersal, seepage, migration, release or escape is itself caused by any of (b) The time required to reproduce "fin- the"specified causes of loss". But if the dis- ished stock". charge, dispersal, seepage, migration, re- This exclusion does not apply to Extra lease or escape of "pollutants" results in a Expense. "specified cause of loss", we will pay for the (2) Any loss caused by or resulting from loss or damage caused by that "specified direct physical loss or damage to radio cause of loss". or television antennas (including satellite This exclusion, I., does not apply to dam- dishes)and their lead-in wiring, masts or age to glass caused by chemicals applied towers. to the glass. (3) Any increase of loss caused by or re- m. Neglect of an insured to use all reasonable sulting from: means to save and preserve property from (a) Delay in rebuilding, repairing or further damage at and after the time of loss. replacing the property or resuming 3. We will not pay for loss or damage caused by 'operations", due to interference at or resulting from any of the following, 3.a. the location of the rebuilding, repair through 3.c. But if an excluded cause of loss or replacement by strikers or other that is listed in 3.a. through 3.c. results in a persons; or Covered Cause of Loss, we will pay for the loss or damage caused by that Covered Cause of Loss. Page 4 of 10 0 ISO Properties, Inc., 2007 CP 10 30 06 07 ❑ (b) Suspension, lapse or cancellation of (2) The following additional exclusions any license, lease or contract. But if apply to insurance under this Coverage the suspension, lapse or cancellation Form: is directly caused by the "suspen- (a) Contractual Liability sion" of 'operations", we will cover such loss that affects your Business We will not defend any claim or Income during the"period of restora- "suit', or pay damages that you are tion" and any extension of the "pe- legally liable to pay, solely by reason riod of restoration" in accordance of your assumption of liability in a with the terms of the Extended Busi- contract or agreement. But this ex- ness Income Additional Coverage clusion does not apply to a written and the Extended Period Of Indem- lease agreement in which you have nity Optional Coverage or any varia- assumed liability for building damage tion of these. resulting from an actual or attempted (4) Any Extra Expense caused by or result- burglary or robbery, provided that: ing from suspension, lapse or cancella- (i) Your assumption of liability was tion of any license, lease or contract be- executed prior to the accident; yond the"period of restoration". and (5) Any other consequential loss. (ii) The building is Covered Property b. Leasehold Interest Coverage Form under this Coverage Form. (1) Paragraph 13.1.a., Ordinance Or Law, (b) Nuclear Hazard does not apply to insurance under this We will not defend any claim or Coverage Form. "suit', or pay any damages, loss, (2) We will not pay for any loss caused by: expense or obligation, resulting from nuclear reaction or radiation, or (a) Your cancelling the lease; radioactive contamination, however (b) The suspension, lapse or cancella- caused. tion of any license;or S. Additional Exclusion (c) Any other consequential loss. The following provisions apply only to the c. Legal Liability Coverage Form specified property. (1) The following exclusions do not apply to LOSS OR DAMAGE TO PRODUCTS insurance under this Coverage Form: We will not pay for loss or damage to any mer- (a) Paragraph B.1.a., Ordinance Or chandise, goods or other product caused-by or Law; resulting from error or omission by any person or entity (including those having possession (b) Paragraph B.1.c., Governmental under an arrangement where worts or a portion Action; of the work is outsourced) in any stage of the (c) Paragraph B.1.d., Nuclear Hazard; development, production or use of the product, (d) Paragraph B.1.e., Utility Services; including planning, testing, processing, pack- and aging, installation, maintenance or repair. This exclusion applies to any effect that compro- (e) Paragraph B.1.f., War And Military mises the form, substance or quality of the Action_ product. But if such error or omission results in a Covered Cause of Loss, we will pay for the loss or damage caused by that Covered Cause of Loss. CP 10 30 06 07 ©ISO Properties, Inc., 2007 Page 5 of 10 ❑ C. Limitations 2. We will not pay for loss of or damage to the The following limitations apply to all policy forms following types of property unless caused by and endorsements, unless otherwise stated. the "specified causes of loss" or building glass 1. We will not pay for loss of or damage to prop- breakage: erty, as described and limited in this section. In a. Animals, and then only if they are killed or addition, we will not pay for any loss that is a their destruction is made necessary. consequence of loss or damage as described b. Fragile articles such as statuary, marbles, and limited in this section. chinaware and porcelains, if broken. This a. Steam boilers, steam pipes, steam engines restriction does not apply to: or steam turbines caused by or resulting (1) Glass; or from any condition or event inside such (2) Containers of property held for sale. equipment. But we will pay for loss of or damage to such equipment caused by or c. Builders' machinery, tools and equipment resulting from an explosion of gases or fuel owned by you or entrusted to you, provided within the furnace of any fired vessel or such property is Covered Property. within the flues or passages through which However,this limitation does not apply: the gases of combustion pass. (1) If the property is located on or within b. Hot water boilers or other water heating 100 feet of the described premises, equipment caused by or resulting from any unless the premises is insured under the condition or event inside such boilers or Builders Risk Coverage Form; or equipment, other than an explosion. (2) To Business Income Coverage or to c. The interior of any building or structure, or Extra Expense Coverage. to personal property in the building or struc- 3. The special limit shown for each category, a. ture, caused by or resulting from rain, snow, through d., is the total limit for loss of or dam- sleet, ice, sand or dust, whether driven by age to all property in that category_ The special wind or not, unless: limit applies to any one occurrence of theft, re- (1) The building or structure first sustains gardless of the types or number of articles that damage by a Covered Cause of Loss to are lost or damaged in that occurrence. The its roof or walls through which the rain, special limits are: snow, sleet, ice, sand or dust enters;or a. $2,500 for furs, fur garments and garments (2) The loss or damage is caused by or trimmed with fur. results from thawing of snow, sleet or b. $2,500 for jewelry, watches, watch move- ice on the building or structure. ments, jewels, pearls, precious and semi- d. Building materials and supplies not at- precious stones, bullion, gold, silver, plati- tached as part of the building or structure, num and other precious alloys or metals. caused by or resulting from theft. This limit does not apply to jewelry and However, this limitation does not apply to: watches worth $100 or less per item. (1) Building materials and supplies held for c. $2,500 for patterns, dies, molds and forms. sale by you, unless they are insured un- d. $250 for stamps, tickets, including lottery der the Builders Risk Coverage Form; or tickets held for sale, and letters of credit. (2) Business Income Coverage or Extra These special limits are part of, not in addition Expense Coverage. to, the Limit of Insurance applicable to the Cov- e. Property that is missing, where the only ered Property. evidence of the loss or damage is a short- This limitation, C.3., does not apply to Busi- age disclosed on taking inventory, or other ness Income Coverage or to Extra Expense instances where there is no physical evi- Coverage. dence to show what happened to the prop- erty. f. Property that has been transferred to a person or to a place outside the described premises on the basis of unauthorized in- structions. Page 6 of 10 ©ISO Properties, Inc., 2007 CP 10 30 06 07 ❑ 4. We will not pay the cost to repair any defect to 3. This Additional Coverage — Collapse does a system or appliance from which water, other not apply to: liquid, powder or molten material escapes. But a. A building or any part of a building that is in we will pay the cost to repair or replace dam- danger of falling down or caving in; aged parts of fire-extinguishing equipment if the damage: b. A part of a building that is standing, even if a. Results in discharge of any substance from it has separated from another part of the an automatic fire protection system; or building; or b. Is directly caused by freezing. c. A building that is standing or any part of a building that is standing, even if it shows However, this limitation does not apply to Busi- evidence of cracking, bulging, sagging, ness Income Coverage or to Extra Expense bending, leaning, settling, shrinkage or ex- Coverage. pansion. D. Additional Coverage—Collapse 4. With respect to the following property: The coverage provided under this Additional Cov- a. Outdoor radio or television antennas (in- erage — Collapse applies only to an abrupt col- cluding satellite dishes) and their lead-in lapse as described and limited in D.I.through D.7. wiring, masts or towers; 1. For the purpose of this Additional Coverage — b. Awnings, gutters and downspouts; Collapse, abrupt collapse means an abrupt fal- c. Yard fixtures; ling down or caving in of a building or any part of a building with the result that the building or d. Outdoor swimming pools; part of the building cannot be occupied for its e. Fences; intended purpose. f. Piers,wharves and docks; 2. We will pay for direct physical loss or damage g, Beach or diving platforms or appurte- to Covered Property, caused by abrupt col- nances; lapse of a building or any part of a building that is insured under this Coverage Form or that h. Retaining walls; and contains Covered Property insured under this L Walks, roadways and other paved surfaces; Coverage Form, if such collapse is caused by if an abrupt collapse is caused by a cause of one or more of the following: loss listed in 2.a. through 2.d., we will pay for loss or damage to that property only if: a. Building decay that is hidden from view, (1) Such loss or damage is a direct result of unless the presence of such decay is the abrupt collapse of a building insured known to an insured prior to collapse; under this Coverage Form; and b. Insect or vermin damage that is hidden (2) The property is Covered Property under from view, unless the presence of such this Coverage Form. damage is known to an insured prior to col- 6. If personal property abruptly falls down or lapse; caves in and such collapse is not the result of c. Use of defective material or methods in abrupt collapse of a building, we will pay for construction, remodeling or renovation if the loss or damage to Covered Property caused by abrupt collapse occurs during the course of such collapse of personal property only if: the construction, remodeling or renovation. a. The collapse of personal property was d. Use of defective material or methods in caused by a cause of loss listed in 2.a. construction, remodeling or renovation if the through 2.d.; abrupt collapse occurs after the construc- b. The personal property which collapses is tion, remodeling or renovation is complete, inside a building;and but only if the collapse is caused in part by: (1) A cause of loss listed in 2.a.or 2.b.; c. The property which collapses is not of a kind listed in 4., regardless of whether that (2) One or more of the "specified causes of kind of property is considered to be per- loss"; sonal property or real property. (3) Breakage of building glass; The coverage stated in this Paragraph 5. does (4) Weight of people or personal property; not apply to personal property if marring and/or or scratching is the only damage to that personal (5) Weight of rain that collects on a roof. property caused by the collapse. CP 10 30 06 07 ©ISO Properties, Inc., 2007 Page 7 of 10 ❑ 6. This Additional Coverage — Collapse does not 3. The coverage described under E.2. of this apply to personal property that has not abruptly Limited Coverage is limited to $15,000. Be- fallen down or caved in, even if the personal gardless of the number of claims, this limit is property shows evidence of cracking, bulging, the most we will pay for the total of all loss or sagging, bending, leaning, settling, shrinkage damage arising out of all occurrences of or expansion. "specified causes of loss" (other than fire or 7. This Additional Coverage — Collapse will not lightning) and Flood which take place in a 12- increase the Limits of Insurance provided in month period (starting with the beginning of the this Coverage Part. present annual policy period). With respect to a particular occurrence of loss which results in 8. The term Covered Cause of Loss includes the "fungus", wet or dry rot or bacteria, we will not Additional Coverage — Collapse as described pay more than a total of $15,000 even if the and limited in D.I.through D.7. "fungus", wet or dry rot or bacteria continues to E. Additional Coverage—Limited Coverage For be present or active, or recurs, in a later policy "Fungus",Wet Rot, Dry Rot And Bacteria period. 1. The coverage described in E.2. and E.6. only 4. The coverage provided under this Limited applies when the "fungus", wet or dry rot or Coverage does not increase the applicable bacteria is the result of one or more of the fol- Limit of Insurance on any Covered Property. If lowing causes that occurs during the policy pe- a particular occurrence results in loss or dam- riod and only if all reasonable means were age by "fungus", wet or dry rot or bacteria, and used to save and preserve the property from other loss or damage, we will not pay more, for further damage at the time of and after that oc- the total of all loss or damage, than the appli- currence. cable Limit of Insurance on the affected Cov- a. A"specified cause of loss" other than fire or ered Property. lightning; or If there is covered loss or damage to Covered b. Flood, if the Flood Coverage Endorsement Property, not caused by"fungus",wet or dry rot applies to the affected premises. or bacteria, loss payment will not be limited by the terms of this Limited Coverage, except to 2. We will pay for loss or damage by "fungus", the extent that"fungus",wet or dry rot or bacte- wet or dry rot or bacteria. As used in this Lim- ria causes an increase in the loss. Any such ited Coverage, the term loss or damage increase in the loss will be subject to the terms means: of this Limited Coverage. a. Direct physical loss or damage to Covered 5. The terms of this Limited Coverage do not Property caused by "fungus", wet or dry rot increase or reduce the coverage provided un- or bacteria, including the cost of removal of der Paragraph F.2. (Water Damage, Other Liq- the"fungus",wet or dry rot or bacteria; uids, Powder Or Molten Material Damage) of b. The cost to tear out and replace any part of this Causes Of Loss Form or under the Addi- the building or other property as needed to tional Coverage—Collapse. gain access to the "fungus", wet or dry rot 6. The following, 6.a. or 6.b., applies only if Busi- or bacteria; and ness Income and/or Extra Expense Coverage c. The cost of testing performed after removal, applies to the described premises and only if repair, replacement or restoration of the the "suspension" of "operations" satisfies all damaged property is completed, provided terms and conditions of the applicable Busi- there is a reason to believe that "fungus", ness Income and/or Extra Expense Coverage wet or dry rot or bacteria are present. Form. Page 8 of 10 ©ISO Properties, Inc.,2007 CP 10 30 06 07 ❑ a. If the loss which resulted in "fungus", wet or This Coverage Extension is additional insur- dry rot or bacteria does not in itself necessi- ance. The Additional Condition, Coinsurance, tate a "suspension" of "operations", but does not apply to this Extension. such "suspension" is necessary due to loss 2. Water Damage, Other Liquids, Powder Or or damage to property caused by "fungus", Molten Material Damage wet or dry rot or bacteria, then our payment under Business Income and/or Extra Ex- If loss or damage caused by or resulting from pense is limited to the amount of loss covered water or other liquid, powder or molten and/or expense sustained in a period of not material damage loss occurs, we will also pay more than 30 days. The days need not be the cost to tear out and replace any part of the consecutive. building or structure to repair damage to the b. If a covered "suspension" of "operations" system or appliance from which the water or was caused by loss or damage other than other substance escapes. This Coverage Ex- "fungus", wet or dry rot or bacteria but tension does not increase the Limit of Insur- remediation of "fungus", wet or dry rot or ance. bacteria prolongs the"period of restoration", 3. Glass we will pay for loss and/or expense sus- a. We will pay for expenses incurred to put up tained during the delay (regardless of when temporary plates or board up openings if such a delay occurs during the "period of repair or replacement of damaged glass is restoration"), but such coverage is limited to delayed. 30 days. The days need not be consecu- b. We will pay for expenses incurred to re- tive. move or replace obstructions when repair- F. Additional Coverage Extensions ing or replacing glass that is part of a build- 1. Property In Transit ing. This does not include removing or re- This Extension applies only to your personal placing window displays. property to which this form applies. This Coverage Extension, F.3., does not in- a. You may extend the insurance provided by crease the Limit of Insurance. this Coverage Part to apply to your per- G. Definitions sonal property (other than property in the 1. "Fungus" means any type or form of fungus, care, custody or control of your salesper- including mold or mildew, and any mycotoxins, sons) in transit more than 100 feet from the spores, scents or by-products produced or re- described premises. Property must be in or leased by fungi. on a motor vehicle you own, lease or oper- 2. "Specified causes of loss" means the following: ate while between points in the coverage fire; lightning; explosion; windstorm or hail; territory. smoke; aircraft or vehicles; riot or civil commo- b. Loss or damage must be caused by or tion; vandalism; leakage from fire-extinguishing result from one of the following causes of equipment; sinkhole collapse; volcanic action; loss: falling objects; weight of snow, ice or sleet; wa- (1) Fire, lightning, explosion, windstorm or ter damage. hail, riot or civil commotion, or vandal- a. Sinkhole collapse means the sudden sink- ism. ing or collapse of land into underground (2) Vehicle collision, upset or overturn. empty spaces created by the action of wa- Collision means accidental contact of ter on limestone or dolomite. This cause of your vehicle with another vehicle or ob- loss does not include: ject. It does not mean your vehicle's (1) The cost of filling sinkholes; or contact with the roadbed. (2) Sinking or collapse of land into man- (3) Theft of an entire bale, case or package made underground cavities. by forced entry into a securely locked body or compartment of the vehicle. There must be visible marks of the forced entry. c. The most we will pay for loss or damage under this Extension is$5,000. CP 10 30 06 07 ©ISO Properties, Inc., 2007 Page 9 of 10 ❑ b. Failing objects does not include loss or c. Water damage means accidental discharge damage to: or leakage of water or steam as the direct (1) Personal property in the open; or result of the breaking apart or cracking of a plumbing, heating, air conditioning or other (2) The interior of a building or structure, or system or appliance (other than a sump property inside a building or structure, system including its related equipment and unless the roof or an outside wall of the parts), that is located on the described building or structure is first damaged by premises and contains water or steam. a falling object. Page 10 of 10 © ISO Properties, Inc., 2007 CP 10 30 06 07 ❑ POLICY NUMBER: PHPK1400180 COMMERCIAL PROPERTY CP 12 20 06 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOSS PAYABLE PROVISIONS -- WASHINGTON This endorsement modifies insurance provided under the following: BUILDING AND PERSONAL PROPERTY COVERAGE FORM BUILDERS' RISK COVERAGE FORM CONDOMINIUM ASSOCIATION COVERAGE FORM CONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORM STANDARD PROPERTY POLICY SCHEDULE Premises Number: 00001 Building Number: 00001 Applicable Clause Enter C., D.or E. : Description Of Property: 625 W James St Kent, WA 98032-4406 Loss Payee Name: First Sound Bank 924 4th Ave Ste 2350 Loss Payee Address: Seattle, WA 98164-1000 Premises Number: Building Number: Applicable Clause Enter C.. D. or E. : Description Of Property: Loss Payee Name: Loss Payee Address: Premises Number: Building Number: Applicable Clause Enter C., D.or E.): T Description Of Property: Loss Payee Name: Loss Payee Address: Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. When this endorsement is attached to the Stan- B. Nothing in this endorsement increases the appli- dard Property Policy CP 00 99, the term Coverage cable Limit of Insurance. We will not pay any Loss Part in this endorsement is replaced by the term Payee more than their financial interest in the Policy. Covered Property, and we will not pay more than the applicable Limit of Insurance on the Covered Property. CP 12 20 06 07 ©ISO Properties, Inc., 2007 Page 1 of 2 ❑ The following is added to the Loss Payment Loss b. Pay any claim for loss or damage jointly to Condition, as indicated in the Declarations or in you and the Loss Payee, as interests may the Schedule: appear. C. Loss Payable Clause 3. The following is added to the Other Insurance For Covered Property in which both you and a Condition: Loss Payee shown in the Schedule or in the Dec- For Covered Property that is the subject of a larations have an insurable interest,we will: contract of sale, the word "you" includes the 1. Adjust losses with you;and Loss Payee. 2. Pay any claim for loss or damage jointly to you E. Building Owner Loss Payable Clause and the Loss Payee, as interests may appear. 1. The Loss Payee shown in the Schedule or in D. Contract Of Sale Clause the Declarations is the owner of the described 1. The Loss Payee shown in the Schedule or in building, in which you are a tenant. the Declarations is a person or organization 2. We will adjust losses to the described building you have entered a contract with for the sale of with the Loss Payee. Any loss payment made Covered Property. to the Loss Payee will satisfy your claims 2. For Covered Property in which both you and against us for the owner's property. the Loss Payee have an insurable interest, we 3. We will adjust losses to tenants' improvements will: and betterments with you, unless the lease a. Adjust losses with you;and provides otherwise. Page 2 of 2 OO ISO Properties, Inc., 2007 CP 12 20 06 07 ❑ PI-EPE-PS WA(12/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ELITE PROPERTY ENHANCEMENT: PROFESSIONAL SPORTS This endorsement modifies insurance provided under the following: BUILDING AND PERSONAL PROPERTY COVERAGE FORM BUSINESS INCOME AND EXTRA EXPENSE COVERAGE FORM CAUSES OF LOSS—SPECIAL FORM I. Schedule of Additional Elite Enhancement Endorsement Coverages and Limits The following is a summary of increased Limits of Insurance and/or additional coverages provided by this endorsement. This endorsement is subject to the provisions of your policy. Coverage Applicable Limit of Insurance Page# Foundations Included 3 Business Personal Property Within 1600 feet 3 Fire Department Service Charge $50,000 3 Pollutant Clean Up and Removal $50,000 3 Emergency Vacating Expense $25,000 3 Automated External Defibrillators AEDs $5,000 4 Lease Cancellation Moving Expenses $5,000 4 Joint or Disputed Loss Agreement Included 4 Green Consultant Expense Coverage $5,000 6 Newly Acquired or Constructed Property 180 Days 6 Personal Effects $50,000 7 Property of Others Various 7 Valuable Papers and Records $100,000 7 Property Off-Premises, Including Stock $500,000 8 Property at Conventions, Fairs, Exhibitions or Special Events 1 $100,000 8 Outdoor Property including Playing Fields $50,000 8 Garages/Storage Sheds $5,000 9 Retaining Walls $10,000 9 Accounts Receivable $100,000 9 Business Income and Extra Expense $300,000 10 Civil Authority Contingent Business Property Fire Extinguisher Recharge $25,000 11 Lock Replacement $10,000 11 Reward Reimbursement $50,000 11 Inventory and Appraisals of Loss $50,000 12 Ordinance or Law—Undamaged Portion of the Building Building Limit 12 Ordinance or Law—Demolition Cost $300,000 Ordinance or Law—Increased Cost of Construction $300,000 Spoilage 1600 feet, $50,000 14 Pair, Sets or Parts Amended 15 Fine Arts $50,000 15 EDP Equipment and Media $10,000 16 Earthquake Sprinkler Leakage $30,000 19 Dampness/Extremes of Temperature Exclusion removed 19 Furs $10,000 19 :�J Page 1 of 22 02012 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-EPE-PS WA(12/12) Coverage Applicable Limit of Insurance Page# Precious Metals $25,000 19 Water Coverage $30,000 20 Property in Transit Includes Common Carrier $100,000 $10,000 20 Off Premises Power Failure $50,000 20 Extended Business Income 180 Days 21 Utility Services(Business Income(and Extra Expense) Included 21 Covera e II. Elite Enhancement Endorsement Conditions A. Applicability of Coverage Coverage provided in forms attached to your policy is amended by this endorsement where applicable. If two or more coverages apply to the same loss or damage,the broader coverage and only the broader coverage,will apply. B. Limits of Insurance 1. When coverage is provided by this form and another coverage form attached to this policy, the greater Limits of Insurance will apply. In no instance will multiple limits apply to coverages which may be duplicated within this policy. 2. Limits of Insurance identified herein are not excess of, nor applicable in addition to, Limits of Insurance provided by the coverage or Cause of Loss forms applicable to this endorsement, unless otherwise stated. 3. Coverage is considered to be on an occurrence basis(not on a per location basis). 4. The deductible listed in the Property Declarations will apply unless specific deductible provisions are set forth under any coverage enhancement. C. Adjusters' Fees Coverages provided herein are not applicable to the generation of fees you may incur by retaining a public adjuster or appraiser. D. Applicability of Exclusions Specific exclusionary endorsements attached to the policy supersede coverage provisions contained in this coverage enhancement. E. Requirement for Covered Cause of Loss Except where a specific Covered Cause of Loss is identified in this coverage enhancement, coverage for the losses described herein are applicable only for Covered Causes of Loss as designated in the Causes of Loss Form attached to the policy. F. Other Insurance If there is other insurance under a separate policy covering the same loss or damage as provided for in this coverage enhancement,we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, regardless of whether you are able to collect. However,we will not pay more than the applicable Limit of Insurance. Page 2 of 22 02012 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-EPE-PS WA(12/12) Ill. The BUILDING AND PERSONAL PROPERTY COVERAGE FORM Section A.Coverage is amended as follows: A. Foundations 1. Covered Property is amended to include the following: Foundations of buildings, structures, machinery or boilers if their foundations are below the lowest basement floor; or the surface of the ground, if there is no basement. 2. Property Not Covered g. is deleted. B. Business Personal Property 1. b.Covered Property the first paragraph is amended to: Your Business Personal Property located in or on the building described in the Declarations or in the open (or in a vehicle)within 1600 feet of the described premises, consisting of the following unless otherwise specified in the Declarations or on the YOUR BUSINESS PERSONAL PROPERTY—SEPARATION OF COVERAGE form. IV. The BUILDING AND PERSONAL PROPERTY COVERAGE FORM,4.Additional Coverages is amended as follows: c. Fire Department Service Charge The Limit of Insurance for this Additional Coverage is increased to $50,000. d. Pollutant Clean Up and Removal The Limit of Insurance for this Additional Coverage is increased to$50,000 for the sum of all covered expenses arising out of Covered Causes of Loss occurring during each separate 12 month period of this policy. V. The BUILDING AND PERSONAL PROPERTY COVERAGE FORM,4.Additional Coverages,the following are added: A. Emergency Vacating Expense 1. The coverage provided by this policy is extended to apply to the reasonable expenses that you incur in the"emergency" vacating of the premises of your facility described in the Declarations, provided that vacating is necessary due to an"emergency"situation resulting from a Covered Cause of Loss. 2. "Emergency"will mean imminent danger arising from an external event or a condition in the facility which would cause loss of life or harm to occupants. 3. We will not pay for any expenses under this Extension arising out of: a. A strike, bomb threat or false fire alarm, unless vacating is ordered by a civil authority; b. A planned vacating drill; or Page 3 of 22 02012 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-EPE-PS WA(12/12) c. The vacating of one or more individuals that is due solely to their individual medical condition. 4. The most we will pay for Emergency Vacating Expenses in anyone occurrence under this Extension is$25,000. The deductible for Emergency Vacating Expenses is$250 per occurrence. No other exclusions in your policy apply to this Extension. However, specific exclusionary endorsements attached to the policy supersede coverage provisions contained in this coverage enhancement. B. Automated External Defibrillators We will pay for direct physical loss or damage to automated external defibrillators(AEDs)at the premises described in the Declarations. The most we will pay for loss or damage under this coverage is limited to$5,000 for any one occurrence,which is in addition to the Business Personal Property Limit stated in the Declarations. C. Lease Cancellation Moving Expenses The Company will reimburse the Insured any moving expenses necessitated by the Insured's need to relocate due to the cancellation of the lease at the insured's premises listed on the Declarations page during the policy period, provided that the lease cancellation occurs as a result of a Covered Cause of Loss. The limit for this coverage will be$5,000 per policy period for all Insureds combined. No deductible applies to this coverage. D. Joint or Disputed Loss Agreement 1. This coverage is intended to facilitate payment of insurance proceeds when: a. Both a boiler and machinery policy and this commercial property policy are in effect; b. Damage occurs to Covered Property that is insured by the boiler and machinery policy and this commercial property policy; and c. There is disagreement between the insurers as to whether there is coverage or as to the amount of the loss to be paid, if any, by each insurer under its own policies. 2. This coverage does not apply if. a. Both the boiler and machinery insurer(s)and we do not admit to any liability; and b. Neither the boiler and machinery insurer(s) nor we contend that coverage applies under the other insurer's policy. 3. The provisions of this coverage apply only if all of the following requirements are met: a. The boiler and machinery policy carried by the named insured, insuring the Covered Property, contains a similar provision at the time of the loss or damage, with substantially the same requirements, procedures and conditions as contained in this Extension; b. The damage to the Covered Property was caused by a loss for which: Page 4 of 22 02012 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-EPE-PS WA(12/12) (1) Both the boiler and machinery insurer(s)and we admit to some liability for payment under the respective policies; or (2) Either. (a) The boiler and machinery insurer(s)does not admit to any liability for payment, while we contend that: (1) All liability exists under the boiler and machinery policy; or (ii) Some liability exists under both the boiler and machinery policy and this commercial property policy; (b) We do not admit to any liability for payment,while the boiler and machinery insurer(s)contends that: (i) All liability exists under this commercial property policy; or (ii) Some liability exists under both the boiler and machinery policy and this commercial property policy; or (c) Both the boiler and machinery insurer(s)and we: (i) Do not admit to any liability for payment; and (ii) Contend that some or all liability exists under the other insurer's policy; and c. The total amount of the loss is agreed to by you,the boiler and machinery insurer(s) and us. 4. If the requirements listed in Paragraph 3.above are satisfied,we and the boiler and machinery insurer(s)will make payments to the extent,and in the manner, described as follows: a. We will pay, after your written request, the entire amount of loss that we have agreed as being covered, if any, by this commercial property policy and one-half(1/2)the amount of the loss that is in disagreement. b. The boiler and machinery insurer(s)will pay, after your written request, the entire amount of loss that they have agreed as being covered, if any, by the boiler and machinery policy and one-half(1/2)the amount of loss that is in disagreement. c. Payments by the insurers of the amounts that are in disagreement, as described in Paragraphs a. and b.above, do not alter,waive or surrender any rights of any insurer against any other with regard to the portion of the loss for which each insurer is liable. d. The amount in disagreement to be paid by us under this Extension shall not exceed the amount payable under the equivalent Loss Agreement(s)of the boiler and machinery policy. e. The amount to be paid under this Extension shall not exceed the amount we would have paid had no boiler and machinery policy been in effect at the time of loss. In no event will we pay more than the applicable Limit of Insurance shown in the Declarations. Page 5of22 02012 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-EPE-PS WA(12/12) f. Acceptance by you of sums paid under this Extension does not alter,waive or surrender any other rights against us. 5. Arbitration a. If the circumstances described in Paragraph 3.b.(1)exist and the boiler and machinery insurer(s)and we agree to submit our differences to arbitration,the boiler and machinery insurer(s) and we will determine the amount each will pay and will pay the insured within 90 days.Arbitration will then take place within 90 days after payment of the loss under the terms of this Extension. b. If any of the circumstances described in Paragraph 3.b.(2)exist,then the boiler and machinery insurer(s)and we agree to submit our differences to arbitration within 90 days after payment of the loss under the terms of this Extension. c. You agree to cooperate with any arbitration procedures. There will be three arbitrators: one will be appointed by us,and another will be appointed by the boiler and machinery insurer(s). The two arbitrators will select a third arbitrator. If they cannot agree, either may request that selection be made by a judge of a court having jurisdiction.A decision agreed to by two of the three arbitrators will be binding on both parties. Judgment on any award can be entered in any court that has jurisdiction. 6. Final Settlement Between Insurers The insurer(s)found responsible for the greater percentage of the ultimate loss must return the excess contribution to the other insurer(s). In addition, the insurer(s)found responsible for the greater portion of the loss must pay Liquidated Damages to the other insurer(s)on the amount of the excess contribution of the other insurer(s). Liquidated Damages are defined as interest from the date the insured invokes this Agreement to the date the insurer(s)that contributed the excess amount is reimbursed.The interest is calculated at 1.5 times the highest prime rate from the Money Rates column of the Wall Street Journal during the period of the Liquidated Damages.Arbitration expenses are not a part of the excess contribution for which liquidated damages are calculated.Arbitration expenses will be apportioned between insurers on the same basis that the ultimate loss is apportioned. E. Green Consultant Expense Coverage In the event of a total loss to a covered building due to a covered cause of loss, and the building has been replaced and rebuilt as a LEED®(Leadership in Energy and Environmental Design) Certified Green Building,the company will reimburse the Insured up to$5,000 for the service of a consultant for the design of the structure. Prior to payment, construction of the replaced building must be completed and have a minimum of Silver Rating Level LEED®Green Building certification. VI. The BUILDING AND PERSONAL PROPERTY COVERAGE FORM, 5.Coverage Extensions is amended as follows: A. Newly Acquired or Constructed Property (3) Period Of Coverage is deleted in its entirety and replaced with the following: With respect to insurance on or at each newly acquired or constructed property, coverage will end when any of the following first occurs: Page 6 of 22 02012 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-EPE-PS WA(12/12) (a) This policy expires; (b) 180 days expire after you acquire the property or begin construction of that part of the building that would qualify as Covered Property; or (c) You report values to us. We will charge you additional premium for values reported from the date you acquire the property or begin construction of that part of the building that would qualify as Covered Property. B. Personal Effects and Property of Others is deleted in its entirety and replaced with the following: You may extend the insurance that applies to Your Personal Property to apply to: (1) Personal effects owned by you, your volunteers,your officers,your partners or your employees.The most we will pay for loss or damage under this extension is $50,000 at each described premises. (2) Personal Property of others in your care, custody or control. The most we will pay for loss or damage under this Extension is$50,000 for personal property other than money and securities, or$5,000 for money and securities at each described premises. However,we will not pay more than $10,000 for loss or damage to the personal property other than money and securities of any one individual, or$500 for loss of money and securities of any one individual. (3) We will not pay for loss or damage in any one occurrence under this Extension until the amount of loss or damage exceeds$250. We will then pay the amount of loss or damage in excess of$250 up to the applicable limit of insurance under this Extension. No other deductible applies to this extension. (4) Under this Extension,the value of money and securities will be calculated as the smaller of the following: (a) The cost to replace the money or securities at the time of loss; or (b) The actual cash value of the money or securities at the time of loss. However, at your option, the cost of replacing securities may be calculated using the market value of the securities at the time the claim is settled. C. Valuable Papers And Records (Other Than Electronic Data) 1. You may extend the insurance that applies to Your Business Personal Property to apply to the cost to replace or restore the lost information on valuable papers and records, including those which exist on electronic or magnetic media,for which duplicates do not exist. 2. Under this Extension, the most we will pay to replace or restore the lost information is $100,000 at each described premises, unless a higher limit is shown in the Declarations. Such amount is additional insurance. We will also pay for the cost of blank material for reproducing the records(whether or not duplicates exist), and (when there is a duplicate)for the cost of labor to transcribe or copy the records.The costs of blank material and labor are subject to the applicable Limit of Insurance on Your Business Personal Property and therefore coverage of such costs is not additional insurance. Page 7 of 22 ©2012 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-EPE-PS WA(12/12) D. Property Off-Premises, Including Stock 1. You may extend the insurance provided by this Coverage Form to apply to your Covered Property while it is away from the described premises, if it is: a. Temporarily at a location you do not own, lease or operate; b. In storage at a location you lease, provided the lease was executed after the beginning of the current policy term; or c. At any fair, trade show or exhibition. 2. This Extension does not apply to property: a. In or on a vehicle; or b. In the care, custody or control of your salespersons, unless the property is in such care,custody or control at a fair, trade show or exhibition. 3. The most we will pay for loss or damage under this Extension is$500,000. The most we will pay for loss or damage under this extension is$100,000 for losses occurring at a convention, fair, exhibition, or special event. E. Outdoor Property including Playing Fields You may extend the insurance provided by this Coverage Form to apply to the following property if located within 1600 feet of the premises described in the Declarations:your outdoor fences and netting, outdoor lighting,outdoor pools, court surfaces, radio and television antennas (including satellite dishes),trees, shrubs, plants, lawns, and playground equipment, including the cost of debris removal,caused by or resulting from any of the following Causes of Loss: 1. Fire; 2. Lightning; 3. Explosion; 4. Riot or civil commotion; S. Aircraft or vehicles; 6. Vandalism and malicious mischief, or 7. Theft. The most we will pay for loss or damage under this Extension is$50,000. The most we will pay for any one tree, shrub, or plant, including the cost of debris removal, is$1,000. For the purposes of this Extension,outdoor property will include playing fields, playing surfaces, and in-ground sprinkler systems. Signs will be covered for all perils with no limitation; and the provision in the Limits of Insurance section which pertains to signs does not apply. Page 8 of 22 02012 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-EPE-PS WA(12/12) VII. BUILDING AND PERSONAL PROPERTY COVERAGE FORM,5. Coverage Extensions are amended to include the following: A. Garages/Storage Sheds Coverage for your building is extended to apply to any garages or storage sheds located at the premises described in the Declarations caused by or resulting from any Covered Cause of Loss. Coverage for all garages or storage sheds is subject to a$5,000 Limit of Insurance per location. B. Retaining Walls Coverage for your building is extended to apply to any retaining walls,which are not part of the Building, located at the premises described in the Declarations caused by or resulting from any Covered Cause of Loss. Coverage for all retaining walls is subject to a$10,000 Limit of Insurance per location. C. Accounts Receivable 1. Coverage for Your Business Personal Property is extended to apply to your records of accounts receivable: a. At a described premises or in or on a vehicle in transit between described premises; or b. If the records must be removed from a described premises to protect them from the threat of a Covered Cause of Loss. We will pay for a loss while they are: (1) At a safe place away from your described premises; or (2) Being taken to and returned from that place. 2. Coverage for Your Business Personal Property is extended to apply to the amounts due from your customers that you are unable to collect due to a Covered Cause of Loss, including: a. Interest charges on any loan required to offset amounts you are unable to collect pending our payment of these amounts: b. Collection expenses in excess of your normal collection expenses that are made necessary by the loss; and c. Other reasonable expenses that you incur to reestablish your records of accounts receivable that result from direct physical loss or damage by any Covered Causes of Loss to your records of accounts receivable, including credit or charge card slips. 3. Accounts receivable loss payment will be determined as follows: a. Determine the total of the average monthly amounts of accounts receivable for the 12 months immediately preceding the month in which the loss occurs; and The total above will be adjusted for any normal fluctuations in the amount of accounts receivable for the month in which the loss occurred or for any demonstrated variance from the average for that month. b. The following will be deducted from the total amount of accounts receivable: Page 9 of 22 ©2012 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Pl-EPE-PS WA (12/12) (1) The amount of the accounts for which there is no loss; (2) The amount of the accounts that you are able to reestablish or collect; and (3) An amount to allow for probable bad debts that youf are normally unable to collect; c. You will pay us the amount of all recoveries you receive for a loss paid by us. But any recoveries in excess of the amount we have paid belong to you. 4. Additional Exclusions a. We will not pay for a loss caused by or resulting from any of the following: (1) Alteration, falsification, concealment or destruction of records of accounts receivable done to conceal the wrongful giving, taking or withholding of money, securities or other property. This exclusion applies only to the extent of the wrongful giving,taking or withholding. (2) Bookkeeping, accounting or billing errors or omissions. b. We will not pay for loss that requires any audit of records or any inventory computation to prove its factual existence. The most we will pay under this Coverage Extension is$100,000. D. Business Income and Extra Expense 1. Coverage is extended to cover Business Income and Extra Expense incurred when your covered building or business personal property listed on the Declarations is damaged by a Covered Cause of Loss. We will pay any Extra Expense you incur: a. To continue your normal operations at the described premises; b. To continue your normal operations at replacement premises or temporary locations; including: (1) Relocation expenses; and (2) Costs to equip or operate the replacement or temporary locations; or c. To minimize the suspension of your normal operation if you cannot continue them. 2. Civil Authority We will pay for the actual loss of Business Income you sustain and necessary Extra Expense you incur that is caused by action of civil authority that prohibits access to the described premises due to direct physical loss of or damage to property,other than at the described premises, caused by or resulting from any Covered Cause of Loss. 3. Contingent Business Property Page 10 of 22 02012 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-EPE-PS WA(12/12) We will pay for the actual loss of Business Income you sustain, and necessary Extra Expense you incur when Contingent Business Property is damaged by a Covered Cause of Loss. We will reduce the amount of your Business Income loss, other than Extra Expense, to the extent you can resume operations, in whole or in part, by using any other available: a. Source of materials; or b. Outlet for your products. The most we will pay under this section is$300,000 for any one occurrence. No coinsurance shall apply to this coverage. 4. The following,when used in this section, is defined as follows: "Contingent Business Property"means property operated by others on whom you depend to: a. Deliver materials or services to you or to others for your account(Contributing Locations); b. Accept your products or services(Recipient Locations); c. Manufacture products for delivery to your customers under contract of sale (Manufacturing Locations); or d. Attract customers to your business (Leader Locations). E. Fire Extinguisher Recharge Coverage is extended to cover expenses you incur to recharge portable fire extinguishers, dry chemical, carbon dioxide, or liquid automatic fire extinguishing systems and the cost of resetting automatic fuel shut-off connections, if any of the above are discharged to fight a fire or are discharged due to a mechanical malfunction. The most we will pay for loss or damage under this extension is$25,000. No deductible shall apply to this coverage. F. Lock Replacement Coverage is extended to cover necessary expense to repair or replace exterior or interior door locks of a covered building: 1. If your door keys are stolen in a covered theft loss; or 2. When your property is damaged and your door keys are stolen by the burglars. The most we will pay under this extension is$10,000 for any one occurrence. No deductible shall apply to this coverage. G. Reward Reimbursement Coverage is extended to provide a reward for information that leads to a criminal conviction in connection with loss or damage to Covered Property by a Covered Cause of Loss; provided that Page 11 of 22 ©2012 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-EPE-PS WA(12/12) the reward is pre-approved by the Company. The most we will pay for loss or damage under this extension is$50,000 regardless of the number of persons involved providing information. No deductible shall apply to this coverage. H. Inventory and Appraisals Coverage is extended to cover your expenses, excluding those for public adjusters and appraisers,to record infonnation, compile inventories, or obtain appraisals we require to comply with the loss conditions of this coverage form. The most we will pay for loss or damage under this extension is$50,000 for any one loss to Covered Property caused by a Covered Cause of Loss. No deductible shall apply to this coverage. I. Ordinance or Law Under this Additional Coverage, we will not pay any costs due to an ordinance or law that you were required to comply with before the loss, even when the building was damaged, and with which you failed to comply. 1. Coverage A—Coverage For Loss to the Undamaged Portion of the Building If a Covered Cause of Loss occurs to covered Building property shown in the Declarations, we will pay for loss of value to the undamaged portion of the building caused by enforcement of any ordinance or law that: a. Requires the demolition of parts of the same property not damaged by a Covered Cause of Loss; b. Regulates the construction or repair of buildings, or establishes zoning or land use requirements at the described premises; and c. Is in force at the time of loss. Coverage A is included within the Limit of Insurance applicable to the covered Building property shown in the Declarations. This is not additional insurance. 2. Coverage B—Demolition Cost Coverage If a Covered Cause of Loss occurs to covered Building property,we will pay the cost to demolish and clear the site of undamaged parts of the property caused by enforcement of building, zoning or land use ordinance or law. The Limit of Insurance for Demolition Cost Coverage is$300,000(in addition to the Building Limit). 3. Coverage C—Increased Cost of Construction Coverage If a Covered Cause of Loss occurs to covered Building property, we will pay for the increased cost to repair, rebuild or construct the property caused by enforcement of building, zoning or land use ordinance or law. If the property is repaired or rebuilt, it must be intended for similar occupancy as the current property, unless otherwise required by zoning or land use ordinance or law. Page 12 of 22 02012 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc.,with its permission_ PI-EPE-PS WA(12/12) The Limit of Insurance for Increased Cost of Construction is$300,000(in addition to the Building Limit). 4. Under Coverage A—Coverage for Loss to the Undamaged Portion of the Building: a. If the Replacement Cost coverage option applies and the property is repaired or replaced, on the same or another premises, we will not pay more for loss of value to Covered Property, including loss caused by enforcement of an ordinance or law, than the lesser of: (1) The amount you actually spend to repair, rebuild or reconstruct the building, but not for more than the amount it would cost to restore the building on the same premises and to the same height, floor area, style and comparable quality of the original property insured;or (2) The Limit of Insurance applicable to the covered Building property. b. If the Replacement Cost coverage option applies and the property is not repaired or replaced, or if the Replacement Cost coverage option does not apply,we will not pay more for the loss of value to Covered Property, including loss caused by enforcement of an ordinance or law,than the lesser of: (1) The actual cash value of the building at the time of loss; or (2) The Limit of Insurance applicable to the covered Building property. 5. We will not pay more under Coverage B—Demolition Cost Coverage than the lesser of the following: a. The amount you actually spend to demolish and clear the site of the described premises; or b. The applicable Demolition Cost Limit of Insurance shown in 2.above. 6. We will not pay Under Coverage C—Increased Cost of Construction Coverage: a. Until the property is actually repaired or replaced, at the same or another premises; and b. Unless the repairs or replacement are made as soon as reasonably possible after the loss or damage, not to exceed two years. We may extend this period in writing during the two years. c. If the building is repaired or replaced at the same premises, or if you elect to rebuild at another premises, the most we will pay under Coverage C is the lesser of: (1) The increased cost of construction at the same premises; or (2) The applicable Increased Cost of Construction Limit of Insurance shown in 3. above. d. If the ordinance or law requires relocation to another premises, the most we will pay under Coverage C is the lesser of: Page 13 of 22 ©2012 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-EPE-PS WA (12112) (1) The increased cost of construction at the new premises(not to exceed the increased cost of construction at the same premises); or (2) The applicable Increased Cost of Construction Limit of Insurance shown in 3. above. 7. We will not pay for: a. The enforcement of any ordinance or law which requires demolition, repair, replacement, reconstruction, remodeling or remediation of property due to contamination by"pollutants"or due to the presence, growth, proliferation,spread or any activity of"fungus,"wet or dry rot or bacteria;or b. Any costs associated with the enforcement 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,""fungus,"wet or dry rot or bacteria. 8. The terms of this Additional Coverage apply separately to each building to which this endorsement applies. J. Spoilage 1. We will pay for direct physical loss or damage to your perishable Business Personal Property, and perishable personal property of others that is in your care, custody or control, while at or within 1600 feet of the described premises caused by spoilage due to changes in temperature or humidity resulting from: a. Complete or partial interruption of electrical power to the described premises due to conditions beyond your control; or b. Mechanical breakdown or failure of heating, cooling or humidity control equipment or apparatus at the described premises. 2. Coverage does not apply to: a. The disconnection of any heating, cooling or humidity control equipment or apparatus from the source of power, b. The deactivation of electrical power caused by the manipulation of any switch or other device used to control the flow of electrical power or current; or c. The inability of an Electric Utility Company or other power source to provide sufficient power due to: (1) Lack of fuel; or (2) Governmental order; d. The inability of a power source at the described premises to provide sufficient power due to lack of generating capacity to meet demand; or e. Breaking of any glass that is a permanent part of any refrigerating, cooling or humidity control unit. The most we will pay for loss or damage in any one occurrence is$50,000. Page 14 of 22 02012 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-EPE-PS WA(12/12) K. Pair,Sets or Parts 1. Pair or Set: In case of loss to any part of a pair or set we may: a. Repair or replace any part to restore the pair or set to its value before the loss; or b. Pay the difference between the value of the pair or set before and after the loss. 2. Parts: In case of a loss to any part of Covered Property consisting of several parts when complete, we will only pay for the value of the lost or damaged part. L. Fine Arts 1. Coverage applies to"fine arts."Covered Causes of Loss are extended to include risks of direct physical loss or damage except: a. Any repairing, restoration or retouching process. b. Breakage of fragile"fine arts"articles, including art glass windows, statuary, marbles, glassware, bric-a-brac, porcelains and similar fragile articles, unless caused by: (1) The"specified causes of loss"; (2) Building glass breakage; (3) Earthquake; or (4) Flood. c. Dishonest or criminal acts by you, any of your partners, employees, directors,trustees, authorized representatives or anyone to whom you entrust the property for any purpose (other than a bailee for hire or carrier): (1) Acting alone or in collusion with others; or (2) Whether or not occurring during the hours of employment. This exclusion does not apply to acts of destruction by your employees; but theft by employees is not covered. d. Voluntary parting with any property by you or anyone else to whom you have entrusted the property, if induced to do so by any fraudulent scheme, trick, device or false pretense. e. Any of the following: (1) Wear and tear; (2) "Fungus"(except when "fungus" results from fire or lightning), rust, corrosion, decay, deterioration, hidden or latent defect or any quality in the property that causes it to damage or destroy itself; Page 15 of 22 ©2012 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-EPE-PS WA(12/12) (3) Nesting or infestation, or discharge or release of waste products or secretions by insects or rodents; or (4) Dampness or dryness of atmosphere or changes in or extremes in temperature. 2. The most we will pay in any one occurrence for loss or damage to"fine arts"caused by or resulting from any Covered Cause of Loss is: a. The value of the lost or damaged"fine arts"; or b.$50,000;whichever is less. 3. The following,when used in this section, means: a. "Antique" means an object at least 100 years old. b. "Fine arts"means paintings, etchings, pictures, tapestries, rare or art glass, art glass windows, valuable rugs,statuary, sculptures, "antique"furniture, "antique"jewelry, bric- a-brac, porcelains and similar property of rarity, historical value or artistic merit. M. EDP Equipment and Media 1. Coverage a. Covered Property, as used in this Coverage Form means Electronic Data Processing devices operated by you at the premises listed on the Declarations. The Covered Property must be either your property or property belonging to others,which is in your care and used by you in your business or profession. b. Covered Property, as used in this section of this enhancement, means"data"and "media" owned proprietarily by you.The Covered Property must be either your property or property belonging to others, which is in your care and used by you in your business or profession. (1) "Data" means information stored electronically and includes facts, instructions, concepts and programs converted to a form useable in electronic data processing operations. (2) "Media" means devices which store information which is accessible to computers_ c. Property Not Covered: (1) Accounts, records, documents and other valuable papers, except as they may be converted to"data"and stored on"media", and then only in that converted form; (2) Property of yours that you have rented, leased or loaned to someone else; or (3) Electronic alarm systems. d. Coverage Extensions (1) Provided you store duplicate"data"at a separate premises and provided such "data" is not insured elsewhere under this or any other insurance policy,we will cover that"data"at each such storage location. Page 16 of 22 02012 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-EPE-PS WA(12/12) (2) We will also pay for loss to Covered Property while temporarily located away from your premises and while in transit within: (a) The United States of America; (b) Puerto Rico; and (c) Canada. The most we will pay under this Coverage Extension is$2,500 for any single occurrence. (3) We will continue to cover your Covered Property while being transferred to and while at a temporary safe storage location,whenever utilized to avoid imminent loss. You are required, however,to provide us with written notice within 10 days following such move. (4) We will also pay for expenses you incur for the removal of debris provided: (a) The debris is Covered Property; (b) The Cause of Loss is not excluded by any part of this policy; and (c) The debris is located at a location scheduled in this policy. The most we will pay under this Coverage Extension is$10,000 in any one loss, but not to exceed a total of$10,000 under this EDP coverage enhancement section. (5) We will also pay 80%of the actual rental cost for replacement electronic equipment, beginning forty-eight(48)hours after a covered loss has occurred to Covered Property under the EDP coverage listed in the preceding paragraphs, provided such equipment will assist in continuing operations at no less than 80% of normal capacity. This Coverage Extension will end when the covered loss has been settled or when the amount of coverage provided under this Coverage Part is exhausted, whichever occurs first. The most we will pay under the terms of this Coverage Extension is$2,500 in any one loss. (6) We will also pay you for the expense you incur in recharging or refilling fire protection devices which are designed specifically to protect the Covered Property under this EDP coverage section, when these devices have been used in protecting such property from a covered loss. The most we will pay under the terms of this Coverage Extension is$2,500 in any one loss. e. Covered Causes of Loss Covered Causes of Loss means risk of direct physical loss to Covered Property except those Causes of Loss listed in the Exclusions. Page 17 of 22 ©2012 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-EPE-PS WA(12/12) 2. Exclusions We will not pay for loss or damage caused by any of Items a.through i. listed below. a. Governmental Action Seizure or destruction of property by order of governmental authority. This exclusion will not apply to acts or destruction ordered by governmental authority and taken at the time of a fire to prevent its spread if the fire falls within a Covered Cause of Loss under the terns of this policy. b. Nuclear Hazard (1) Any weapon employing atomic fission or fusion;or (2) Nuclear reaction or radiation, or radioactive contamination from any other cause. But we will pay for direct loss caused by resulting fire if the fire would be covered under the terms of this policy. c. War and Military Action (1) War, including undeclared or civil war, (2) Warlike action by military forces, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents;or (3) Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. d. Delay, loss of market, loss of income, loss of use or any other cause of consequential loss. e. Wear and tear, any quality in the Covered Property that causes it to damage or destroy itself, gradual deterioration, depreciation or damage done by insects,vermin or rodents. We will pay for direct loss caused by resulting fire or explosion if the fire or explosion would be covered under the terms of this Coverage Part_ f. Dishonest acts committed by you,anyone else with an interest in the Covered Property, or your or their employees,whether or not such an act occurs during the hours of employment; nor will we pay for a loss caused by dishonest acts by anyone entrusted with the Covered Property, except a common carrier for hire. g. Dryness, dampness, changes in temperature, corrosion or rust. But, if the air conditioning system that services the Covered Property is damaged by a Covered Cause of Loss we will pay for any direct resulting damage to Covered Property. h. Breakage of tubes, bulbs, lamps or articles made of glass. But we will pay for such loss caused directly by fire, lightning, explosion,windstorm, earthquake, flood, vandalism, aircraft, rioters, strikers,theft or attempted theft or by accident to vehicles carrying the Covered Property. i. Processing or work performed upon the Covered Property. But we will pay for direct loss caused by resulting fire or explosion if the fire or explosion would be covered under Page 18 of 22 02012 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-EPE-PS WA(12/12) this Coverage Form. 3. Limits, Deductibles,Valuation a. Limit of Insurance The most we will pay for any loss under the EDP section is$10,000. b. Deductible We will not pay for loss or damage in any one occurrence until the amount of loss or damage exceeds the contents Deductible shown in the Declarations. We will then pay the amount of loss or damage in excess of the Deductible, up to the applicable Limit of Insurance. c. Valuation The value of the Covered Property will be determined as of the time and place of loss using the actual replacement cost of new property, identical or nearly identical to the Covered Property. In no event will our liability above exceed the cost to repair or replace the property with new, identical or nearly identical property of equal value. IX. CAUSES OF LOSS—SPECIAL FORM, Section B. Exclusions, is amended as follows 1. b.Earth Movement is amended to include: (6) If Earth Movement described in b. (1)through (5)above, results in sprinkler leakage,we will pay up to$30,000 for loss or damage by that sprinkler leakage. 2.d. (7) is amended to: The following cause of loss to personal property: Marring or scratching. But if an excluded cause of loss that is listed in 2.d.(1)through (7) results in a"specified cause of loss"or building glass breakage,we will pay for the loss or damage caused by that "specified cause of loss"or building glass breakage. X. CAUSES OF LOSS—SPECIAL FORM, Section C. Limitations is amended as follows: 3. a. is amended to: $10,000 for fur garments and garments trimmed with fur. 3. b.is amended to: $25,000 for trophies, medals,jewelry,watches,watch movements,jewels, pearls, precious and semi-precious stones, bullion, gold, silver, platinum and other precious alloys or metals. This limit does not apply to jewelry and watches worth $100 or less per item. XI. CAUSES OF LOSS—SPECIAL FORM,Additional Coverage—Water is added: "Water" is included as a Covered Cause of Loss. We will not pay more than $30,000 in any one Page 19 of 22 @2012 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-EPE-PS WA(12112) occurrence. a. "Water"means: (1) Flood, surface water,waves, tides,tidal waves, overflow of any body of water, or their spray,all whether driven by wind or not; (2) Mudslide or mudflow; (3) Water that backs up or overflows from a sewer, drain or sump; or (4) Water under the ground surface pressing on, or flowing or seeping through: (a) Foundations, walls,floors or paved surfaces; (b) Basements,whether paved or not; or (c) Doors,windows or other openings. This extension applies to all claim expenses including, but not limited to building, business personal property, personal property of others, business income and extra expense and debris removal. However,this extension does not apply to roof drainage systems, gutters, or downspouts. XII. CAUSES OF LOSS—SPECIAL FORM, Section F.Additional Coverage Extensions is amended as follows: 1. Property in Transit,c. is amended to (1) The most we will pay for loss or damage under this extension is$100,000. (2) For your covered property while in the care, custody or control of a common carrier an additional limit of insurance of$10,000 is added. XIII. CAUSES OF LOSS—SPECIAL FORM, Section F.Additional Coverage Extensions is amended to include: 5. Off-Premises Power Failure is added. We will pay for loss of or damage to Covered Property, caused by the interruption of service to the described premises.The interruption must result from direct physical loss or damage by a Covered Cause of Loss to"water supply services,""communication supply services," or"power supply services,"not on the described premises. a. "Water supply services" means the following types of property supplying water to the described premises: (1) Pumping stations; and (2) Water mains. b. "Communication supply services" means property supplying communication services, including telephone, radio, microwave or television services to the described premises, such as: Page 20 of 22 ©2012 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-EPE-PS WA(12/12) (1) Communication transmission lines including optic fiber transmission lines; (2) Coaxial cables; and (3) Microwave radio relays except satellites. "Communication supply services"does not include overhead communication lines. c. "Power supply services"means the following types of property supplying electricity, steam, or gas to the described premises: (1) Utility generating plants; (2) Switching stations; (3) Substations; (4) Transformers; and (5) Transmission lines. "Power supply services"does not include overhead transmission lines. This coverage extension does not apply to loss of Business Income or Extra Expense. The most wewill pay for loss or damage under this extension is$50,000. XIV. BUSINESS INCOME(AND EXTRA EXPENSE)COVERAGE FORM, Section A.COVERAGE,5. Additional Coverages is amended as follows: c. Extended Business Income(1)(1b)(ii) is amended to the following: (ii) 180 consecutive days after the date determined in(1)(a)above. c. Extended Business Income(2)(b)(ii) is amended to the following: (ii) 180 consecutive days after the date determined in (2)(a) above. XV. The following is added to the BUSINESS INCOME(AND EXTRA EXPENSE) COVERAGE FORM, Section A. COVERAGE,5.Additional Coverages e. Utility Services (1) Your coverage for Business Income and Extra Expense, if included in the policy, is extended to include loss or damage that you incur due to the interruption, caused by a Covered Cause of Loss, of"water supply services," "communication supply services,"or"power supply services"to the premises described on the declarations. (a) "Water supply services"mean the following types of property supplying water to the described premises: (i) Pumping stations; and (ii) Water mains. (b) "Communication supply services" meaning property supplying communication Page 21 of 22 ©2012 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-EPE-PS WA(12/12) services, including telephone, radio, microwave or television services, to the described premises, such as: (i) Communication transmission lines including optic fiber transmission lines; (ii) Coaxial cables; and (iii) Microwave radio relays except satellites. It does not include overhead transmission lines. (c) "Power supply services"meaning the following types of property supplying electricity, steam, or gas to the described premises: (i) Utility generating plants; (ii) Switching stations; (iii) Substations; (iv)Transformers;and (v) Transmission lines. It does not include overhead transmission lines. (2) We will only pay for loss you sustain after the first 12 hours following the direct physical loss or damage to the off-premises property to which this enhancement applies.This coverage extension does not apply to direct physical damage to Covered Property. Page 22 of 22 02012 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with its permission. P I-N P-007(04-01) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOSS OF INCOME DUE TO !!!WORKPLACE VIOLENCE This endorsement modifies and is subject to the insurance provided under the following: BUSINESS INCOME (AND EXTRA EXPENSE)COVERAGE FORM The following is added to Section A.Coverage,3.Additional Coverages: e. Workplace Violence (1) Coverage: Loss of Business Income: We will pay for the actual loss of Business Income you sustain due to the suspension of your "operations"caused by any intentional use, or threat to use, deadly force by any person. The most we will pay under this coverage is $100,000. Extra Expense: Coverage is extended to include the cost of public relations consultants or other specialists to restore the insured's reputation following an incident of workplace violence. Additionally, coverage includes mental health counseling for employees. The most we will pay under this coverage is$5,000. (2) Loss Determination: Determination of the Business Income loss under this additional coverage will be calculated only for the location where the workplace violence occurred. Coverage will only be for the"period of restoration". Extra expense will apply even though operations have resumed. However,they will not apply after 60 days following the incident. All other terms and conditions remain the same. Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 00 01 0413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. (2) The "bodily injury" or "property damage" Read the entire policy carefully to determine rights, occurs during the policy period; and duties and what is and is not covered. (3) Prior to the policy period, no insured listed Throughout this policy the words "you" and "your' under Paragraph 1. of Section II — Who Is refer to the Named Insured shown in the Declarations, An Insured and no "employee" authorized and any other person or organization qualifying as a by you to give or receive notice of an Named Insured under this policy. The words "we", "occurrence" or claim, knew that the "bodily "us" and "our' refer to the company providing this injury" or "property damage" had occurred, insurance. in whole or in part. If such a listed insured The word "insured" means any person or organization or authorized "employee" knew, prior to the qualifying as such under Section II — Who Is An policy period, that the "bodily injury" or Insured. "property damage" occurred, then any continuation, change or resumption of such Other words and phrases that appear in quotation "bodily injury" or "property damage" during marks have special meaning. Refer to Section V — or after the policy period will be deemed to Definitions. have been known prior to the policy period. SECTIONI—COVERAGES c. "Bodily injury" or "property damage" which COVERAGE A—BODILY INJURY AND PROPERTY occurs during the policy period and was not, DAMAGE LIABILITY prior to the policy period, known to have 1. Insuring Agreement occurred by any insured listed under Paragraph 1.of Section II—Who Is An Insured a. We will pay those sums that the insured or any"employee" authorized by you to give or becomes legally obligated to pay as damages receive notice of an "occurrence" or claim, because of"bodily injury" or"property damage" includes any continuation, change or to which this insurance applies. We will have resumption of that "bodily injury" or "property the right and duty to defend the insured against damage"after the end of the policy period. any "suit" seeking those damages. However, d. "Bodily injury" or "property damage" will be we will have no duty to defend the insured deemed to have been known to have occurred against any "suit" seeking damages for "bodily injury" or "property damage" to which this at the earliest time when any insured listed insurance does not apply. We may, at our under Paragraph 1. of Section II — Who Is An discretion, investigate any "occurrence" and Insured or any employee authorized by you to settle any claim or"suit"that may result. But: glamor receive notice of an "occurrence" or (1) The amount we will pay for damages is (1) Reports all, or any part, of the"bodily injury" limited as described in Section III — Limits or "property damage" to us or any other Of Insurance;and insurer; (2) Our right and duty to defend ends when we (2) Receives a written or verbal demand or have used up the applicable limit of insurance in the payment of judgments or claim for damages because of the "bodily settlements under Coverages ,A or B or injury or"property damage";or medical expenses under Coverage C. (3) Becomes aware by any other means that No other obligation or liability to pay sums or "bodily injury" or "property damage" has perform acts or services is covered unless occurred or has begun to occur. explicitly provided for under Supplementary e. Damages because of "bodily injury" include Payments—Coverages A and B. damages claimed by any person or b. This insurance applies to "bodily injury" and organization for care, loss of services or death "property damage"only if: resulting at any time from the"bodily injury". (1) The "bodily injury" or "property damage" is caused by an "occurrence"that takes place in the"coverage territory'; CG 00 01 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 16 2. Exclusions This exclusion applies even if the claims This insurance does not apply to: against any insured allege negligence or other a. Expected Or Intended Injury wrongdoing in: (a) The supervision, hiring, employment, "Bodily injury" or "property damage" expected training or monitoring of others by that or intended from the standpoint of the insured. insured; or This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to (b) Providing or failing to provide protect persons or property. transportation with respect to any person that may be under the influence b. Contractual Liability of alcohol; "Bodily injury" or "property damage" for which if the "occurrence" which caused the "bodily the insured is obligated to pay damages by injury" or "property damage", involved that reason of the assumption of liability in a which is described in Paragraph (1), (2) or (3) contract or agreement. This exclusion does not above. apply to liability for damages: However, this exclusion applies only if you are (1) That the insured would have in the absence in the business of manufacturing, distributing, of the contract or agreement; or selling, serving or furnishing alcoholic (2) Assumed in a contract or agreement that is beverages. For the purposes of this exclusion, an "insured contract", provided the "bodily permitting a person to bring alcoholic injury" or "property damage" occurs beverages on your premises, for consumption subsequent to the execution of the contract on your premises, whether or not a fee is or agreement. Solely for the purposes of charged or a license is required for such liability assumed in an "insured contract", activity, is not by itself considered the business reasonable attorneys' fees and necessary of selling, serving or furnishing alcoholic litigation expenses incurred by or for a party beverages. other than an insured are deemed to be d. Workers'Compensation And Similar Laws damages because of "bodily injury" or "property damage", provided: Any obligation of the insured under a workers' compensation, disability benefits or (a) Liability to such party for, or for the cost unemployment compensation law or any of, that parry's defense has also been similar law. assumed in the same"insured contract",- and e. Employer's Liability (b) Such attorneys' fees and litigation "Bodily injury"to: expenses are for defense of that party (1) An "employee" of the insured arising out of against a civil or alternative dispute and in the course of: resolution proceeding in which damages (a) Employment by the insured; or to which this insurance applies are alleged. (b) Performing duties related to the conduct c. Liquor Liability of the insured's business; or "Bodily injury" or "property damage" for which (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of any insured may be held liable by reason of: Paragraph (1)above. (1) Causing or contributing to the intoxication of This exclusion applies whether the insured any person; may be liable as an employer or in any other (2) The furnishing of alcoholic beverages to a capacity and to any obligation to share person under the legal drinking age or damages with or repay someone else who under the influence of alcohol; or must pay damages because of the injury. (3) Any statute, ordinance or regulation relating This exclusion does not apply to liability to the sale, gift, distribution or use of assumed by the insured under an "insured alcoholic beverages. contract". Page 2 of 16 ©Insurance Services Office, Inc., 2012 CG 00 01 0413 f. Pollution (d) At or from any premises, site or location (1) "Bodily injury" or "property damage" arising on which any insured or any contractors out of the actual, alleged or threatened or subcontractors working directly or discharge, dispersal, seepage, migration, indirectly on any insured'sbehalf are release or escape of"pollutants": performing operations if the pollutants" are brought on or to the premises, site (a) At or from any premises, site or location or location in connection with such which is or was at any time owned or operations by such insured, contractor occupied by, or rented or loaned to, any or subcontractor. However, this insured. However, this subparagraph subparagraph does not apply to: does not apply to: i "Bodilyinjury" or " e" (i) "Bodily injury" if sustained within a () in try "property e damage" arising out of the escape of fuels, building and caused by smoke, lubricants or other operating fluids fumes, vapor or soot produced by or which are needed to perform the originating from equipment that is normal electrical, hydraulic or used to heat, cool or dehumidify the mechanical functions necessary for building, or equipment that is used to the operation of "mobile equipment" heat water for personal use, by the or its parts, if such fuels, lubricants building's occupants or their guests; or other operating fluids escape from (ii) "Bodily injury" or "property damage" a vehicle part designed to hold, store for which you may be held liable, if or receive them. This exception does you are a contractor and the owner not apply if the "bodily injury" or or lessee of such premises, site or "property damage" arises out of the location has been added to your intentional discharge, dispersal or policy as an additional insured with release of the fuels, lubricants or respect to your ongoing operations other operating fluids, or if such performed for that additional insured fuels, lubricants or other operating at that premises, site or location and fluids are brought on or to the such premises, site or location is not premises, site or location with the and never was owned or occupied intent that they be discharged, by, or rented or loaned to, any dispersed or released as part of the insured, other than that additional operations being performed by such insured; or insured, contractor or subcontractor, (III) "Bodily injury" or "property damage" (ii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes sustained within a building and from a"hostile fire'; caused by the release of gases, (b) At or from any premises, site or location fumes or vapors from materials which is or was at any time used by or brought into that building in for any insured or others for the connection with operations being handling, storage, disposal, processing performed by you or on your behalf or treatment of waste; by a contractor or subcontractor;or (c) Which are or were at any time (iii) "Bodily injury" or "property damage" transported, handled, stored, treated, arising out of heat, smoke or fumes disposed of, or processed as waste by from a"hostile fire". or for: (e) At or from any premises, site or location (i) Any insured;or on which any insured or any contractors or subcontractors working directly or (ii) Any person or organization for whom indirectly on any insured's behalf are you may be legally responsible; or performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of,"pollutants". CG 00 01 04 13 ©Insurance Services Office, Inc., 2012 Page 3 of 16 (2) Any loss, cost or expense arising out of (5) "Bodily injury" or "property damage" arising any: out of: (a) Request, demand, order or statutory or (a) The operation of machinery or regulatory requirement that any insured equipment that is attached to, or part of, or others test for, monitor, clean up, a land vehicle that would qualify under remove, contain, treat, detoxify or the definition of "mobile equipment" if it neutralize, or in any way respond to, or were not subject to a compulsory or assess the effects of,"pollutants'; or financial responsibility law or other (b) Claim or suit by or on behalf of a motor vehicle insurance law where it is governmental authority for damages licensed or principally garaged; or because of testing for, monitoring, (b) The operation of any of the machinery cleaning up, removing, containing, or equipment listed in Paragraph f.(2) or treating, detoxifying or neutralizing, or in f.(3) of the definition of "mobile any way responding to, or assessing the equipment". effects of, "pollutants". h. Mobile Equipment However, this paragraph does not apply to "Bodily injury" or"property damage" arising out liability for damages because of "property damage"that the insured would have in the of: absence of such request, demand, order or (1) The transportation of"mobile equipment"by statutory or regulatory requirement, or such an"auto"owned or operated by or rented or claim or "suit" by or on behalf of a loaned to any insured; or governmental authority. (2) The use of"mobile equipment" in, or while g. Aircraft,Auto Or Watercraft in practice for, or while being prepared for, "Bodily injury" or"property damage" arising out any prearranged racing, speed, demolition, of the ownership, maintenance, use or or stunting activity. entrustment to others of any aircraft, "auto" or i. War watercraft owned or operated by or rented or "Bodily injury" or "property damage", however loaned to any insured. Use includes operation caused, arising, directly or indirectly, out of: and"loading or unloading". (1) War, including undeclared or civil war; This exclusion applies even if the claims (2) Warlike action by a military force, including against any insured allege negligence or other action in hindering or defending against an wrongdoing in the supervision, hiring, actual or expected attack, by any employment, training or monitoring of others by that insured, if the "occurrence" which caused government, sovereign or other authority the "bodily injury" or "property damage" using military personnel or other agents; or involved the ownership, maintenance, use or (3) Insurrection, rebellion, revolution, usurped entrustment to others of any aircraft, "auto" or power, or action taken by governmental watercraft that is owned or operated by or authority in hindering or defending against rented or loaned to any insured. any of these. This exclusion does not apply to: j. Damage To Property (1) A watercraft while ashore on premises you "Property damage"to: own or rent; (1) Property you own, rent, or occupy, including (2) A watercraft you do not own that is: any costs or expenses incurred by you, or (a) Less than 26 feet long; and any other person, organization or entity, for repair, replacement, enhancement, (b) Not being used to carry persons or restoration or maintenance of such property property for a charge; for any reason, including prevention of (3) Parking an "auto" on, or on the ways next injury to a person or damage to another's to, premises you own or rent, provided the property; "auto" is not owned by or rented or loaned (2) Premises you sell, give away or abandon, if to you or the insured; the "property damage" arises out of any (4) Liability assumed under any "insured part of those premises; contract"for the ownership, maintenance or (3) Property loaned to you; use of aircraft or watercraft; or Page 4 of 16 0 Insurance Services Office, Inc., 2012 CG 00 01 0413 (4) Personal property in the care, custody or This exclusion does not apply to the loss of use control of the insured; of other property arising out of sudden and (5) That particular part of real property on accidental physical injury to "your product" or which you or any contractors or "your work"after it has been put to its intended subcontractors working directly or indirectly use. on your behalf are performing operations, if n. Recall Of Products,Work Or Impaired the "property damage" arises out of those Property operations;or Damages claimed for any loss, cost or (6) That particular part of any property that expense incurred by you or others for the loss must be restored, repaired or replaced of use, withdrawal, recall, inspection, repair, because "your work" was incorrectly replacement, adjustment, removal or disposal performed on it. of: Paragraphs (1), (3)and (4) of this exclusion do (1) "Your product'; not apply to "property damage" (other than (2) "Your work'; or damage by fire) to premises, including the contents of such premises, rented to you for a (3) "Impaired property"; period of seven or fewer consecutive days. A if such product, work, or property is withdrawn separate limit of insurance applies to Damage or recalled from the market or from use by any To Premises Rented To You as described in person or organization because of a known or Section III—Limits Of Insurance. suspected defect, deficiency, inadequacy or Paragraph (2) of this exclusion does not apply dangerous condition in it. if the premises are"your work" and were never o. Personal And Advertising Injury occupied, rented or held for rental by you. "Bodily injury" arising out of "personal and Paragraphs (3), (4), (5) and (6) of this advertising injury". exclusion do not apply to liability assumed p. Electronic Data under a sidetrack agreement. Paragraph (6) of this exclusion does not apply Damages arising out of the loss of, loss of use to"property damage" included in the"products- of, damage to, corruption of, inability to access, completed operations hazard". or inability to manipulate electronic data. k. Damage To Your Product However, this exclusion does not apply to liability for damages because of"bodily injury". "Properly damage"to"your product"arising out As used in this exclusion, electronic data of it or any part of it. means information, facts or programs stored as I. Damage To Your Work or on, created or used on, or transmitted to or "Property damage"to"your work"arising out of from computer software, including systems and it or any part of it and included in the"products- applications software, hard or floppy disks, CD- completed operations hazard". ROMs, tapes, drives, cells, data processing This exclusion does not apply if the damaged devices or any other media which are used work or the work out of which the damage with electronically controlled equipment. arises was performed on your behalf by a q. Recording And Distribution Of Material Or subcontractor. Information In Violation Of Law m. Damage To Impaired Property Or Property "Bodily injury" or "property damage" arising Not Physically Injured directly or indirectly out of any action or "Property damage" to "impaired property or omission that violates or is alleged to violate: property that has not been physically injured, (1) The Telephone Consumer Protection Act arising out of: (TCPA), including any amendment of or (1) A defect, deficiency, inadequacy or addition to such law; dangerous condition in "your product" or (2) The CAN-SPAM Act of 2003, including any "your work"; or amendment of or addition to such law; (2) A delay or failure by you or anyone acting (3) The Fair Credit Reporting Act (FCRA), and on your behalf to perform a contract or any amendment of or addition to such law, agreement in accordance with its terms. including the Fair and Accurate Credit Transactions Act(FACTA);or CG 00 01 0413 0 Insurance Services Office, Inc., 2012 Page 5 of 16 (4) Any federal, state or local statute, 2. Exclusions ordinance or regulation, other than the This insurance does not apply to: TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that a. Knowing Violation Of Rights Of Another addresses, prohibits, or limits the printing, "Personal and advertising injury" caused by or dissemination, disposal, collecting, at the direction of the insured with the recording, sending, transmitting, knowledge that the act would violate the rights communicating or distribution of material or of another and would inflict "personal and information. advertising injury". Exclusions c. through n. do not apply to damage b. Material Published With Knowledge Of by fire to premises while rented to you or Falsity temporarily occupied by you with permission of the "Personal and advertising injury" arising out of owner.A separate limit of insurance applies to this oral or written publication, in any manner, of coverage as described in Section III — Limits Of material, if done by or at the direction of the Insurance. insured with knowledge of its falsity. COVERAGE B—PERSONAL AND ADVERTISING c. Material Published Prior To Policy Period INJURY LIABILITY 1. Insuring Agreement "Personal and advertising injury" arising out of oral or written publication, in any manner, of a. We will pay those sums that the insured material whose first publication took place becomes legally obligated to pay as damages before the beginning of the policy period. because of"personal and advertising injury" to d. Criminal Acts which this insurance applies. We will have the right and duty to defend the insured against "Personal and advertising injury" arising out of any "suit" seeking those damages. However, a criminal act committed by or at the direction we will have no duty to defend the insured of the insured. against any "suit" seeking damages for e. Contractual Liability "personal and advertising injury" to which this insurance does not apply. We may, at our "Personal and advertising injury" for which the discretion, investigate any offense and settle agreement. This insured has assumed liability in a contract or y to any claim or"suit"that may result. But: liability for damages) that thusion e insured s not pwlould (1) The amount we will pay for damages is have in the absence of the contract or limited as described in Section III — Limits agreement. Of Insurance; and f. Breach Of Contract (2) Our right and duty to defend end when we "Personal and advertising injury" arising out of have used up the applicable limit of a breach of contract, except an implied insurance in the payment of judgments or contract to use another's advertising idea in settlements under Coverages A or B or medical expenses under Coverage C. your"advertisement". No other obligation or liability to pay sums or g• Quality Or Performance Of Goods—Failure perform acts or services is covered unless To Conform To Statements explicitly provided for under Supplementary "Personal and advertising injury" arising out of Payments—Coverages A and B. the failure of goods, products or services to b. This insurance applies to "personal and conform with any statement of quality or advertising injury"caused by an offense arising performance made in your"advertisement". out of your business but only if the offense was h. Wrong Description Of Prices committed in the"coverage territory"during the "Personal and advertising injury" arising out of policy period. the wrong description of the price of goods, products or services stated in your "advertisement". Page 6 of 16 ©Insurance Services Office, Inc., 2012 CG 00 01 0413 i. Infringement Of Copyright, Patent, n. Pollution-related Trademark Or Trade Secret Any loss,cost or expense arising out of any: "Personal and advertising injury" arising out of (1) Request, demand, order or statutory or the infringement of copyright, patent, regulatory requirement that any insured or trademark, trade secret or other intellectual others test for, monitor, clean up, remove, property rights. Under this exclusion, such contain, treat, detoxify or neutralize, or in other intellectual property rights do not include any way respond to, or assess the effects the use of another's advertising idea in your of, "pollutants"; or "advertisement". However, this exclusion does not apply to (2) Claim or suit by or on behalf of a infringement, in your "advertisement", of governmental authority for damages because of testing for, monitoring, cleaning copyright, trade dress or slogan. up, removing, containing, treating, j. Insureds In Media And Internet Type detoxifying or neutralizing, or in any way Businesses responding to, or assessing the effects of, "Personal and advertising injury" committed by "pollutants". an insured whose business is: o. War (1) Advertising, broadcasting, publishing or "Personal and advertising injury", however telecasting; caused, arising, directly or indirectly, out of: (2) Designing or determining content of web (1) War, including undeclared or civil war; sites for others; or (2) Warlike action by a military force, including (3) An Internet search, access, content or action in hindering or defending against an service provider. actual or expected attack, by any However, this exclusion does not apply to government, sovereign or other authority Paragraphs 14.a., b. and c. of "personal and using military personnel or other agents;or advertising injury" under the Definitions (3) Insurrection, rebellion, revolution, usurped section. power, or action taken by governmental For the purposes of this exclusion, the placing authority in hindering or defending against of frames, borders or links, or advertising, for any of these. you or others anywhere on the Internet, is not p. Recording And Distribution Of Material Or by itself, considered the business of Information In Violation Of Law advertising, broadcasting, publishing or "Personal and advertising injury" arising telecasting. directly or indirectly out of any action or k. Electronic Chatrooms Or Bulletin Boards omission that violates or is alleged to violate: "Personal and advertising injury" arising out of (1) The Telephone Consumer Protection Act an electronic chatroom or bulletin board the (TCPA), including any amendment of or insured hosts, owns, or over which the insured addition to such law; exercises control. (2) The CAN-SPAM Act of 2003, including any I. Unauthorized Use Of Another's Name Or amendment of or addition to such law; Product (3) The Fair Credit Reporting Act (FCRA), and "Personal and advertising injury" arising out of any amendment of or addition to such law, the unauthorized use of another's name or including the Fair and Accurate Credit product in your e-mail address, domain name Transactions Act(FACTA); or or metatag, or any other similar tactics to (4) Any federal, state or local statute, mislead another's potential customers. ordinance or regulation, other than the m. Pollution TCPA, CAN-SPAM Act of 2003 or FCRA "Personal and advertising injury" arising out of and their amendments and additions, that the actual, alleged or threatened discharge, addresses, prohibits, or limits the printing, dispersal, seepage, migration, release or dissemination, disposal, collecting, escape of"pollutants"at any time. recording, sending, transmitting, communicating or distribution of material or information. CG 00 01 0413 C Insurance Services Office, Inc., 2012 Page 7 of 16 COVERAGE C—MEDICAL PAYMENTS d. Workers'Compensation And Similar Laws 1. Insuring Agreement To a person, whether or not an "employee" of a. We will pay medical expenses as described any insured, if benefits for the "bodily injury" below for"bodily injury"caused by an accident: are payable or must be provided under a workers' compensation or disability benefits (1) On premises you own or rent; law or a similar law. (2) On ways next to premises you own or rent; e. Athletics Activities or To a person injured while practicing, instructing (3) Because of your operations; or participating in any physical exercises or provided that: games, sports, or athletic contests. (a) The accident takes place in the f. Products-Completed Operations Hazard coverage territory"and during the policy Included within the "products-completed period; operations hazard". (b) The expenses are incurred and reported g. Coverage A Exclusions to us within one year of the date of the accident;and Excluded under Coverage A. (c) The injured person submits to SUPPLEMENTARY PAYMENTS—COVERAGES A examination, at our expense, by AND B physicians of our choice as often as we 1. We will pay, with respect to any claim we reasonably require. investigate or settle, or any "suit" against an b. We will make these payments regardless of insured we defend: fault. These payments will not exceed the a. All expenses we incur. applicable limit of insurance. We will pay b. Up to $250 for cost of bail bonds required reasonable expenses for: because of accidents or traffic law violations (1) First aid administered at the time of an arising out of the use of any vehicle to which accident; the Bodily Injury Liability Coverage applies. We (2) Necessary medical, surgical, X-ray and do not have to furnish these bonds. dental services, including prosthetic c. The cost of bonds to release attachments, but devices; and only for bond amounts within the applicable (3) Necessary ambulance, hospital, limit of insurance. We do not have to furnish professional nursing and funeral services. these bonds. 2. Exclusions d. All reasonable expenses incurred by the insured at our request to assist us in the We will not pay expenses for"bodily injury": investigation or defense of the claim or "suit", a. Any Insured including actual loss of earnings up to $250 a To any insured, except"volunteer workers". day because of time off from work. b. Hired Person e. All court costs taxed against the insured in the "suit". However, these payments do not include To a person hired to do work for or on behalf of attorneys' fees or attorneys' expenses taxed any insured or a tenant of any insured. against the insured. c. Injury On Normally Occupied Premises f. Prejudgment interest awarded against the To a person injured on that part of premises insured on that part of the judgment we pay. If you own or rent that the person normally we make an offer to pay the applicable limit of occupies. insurance, we will not pay any prejudgment interest based on that period of time after the offer. Page 8 of 16 ©Insurance Services Office, Inc., 2012 CG 00 01 0413 g. All interest on the full amount of any judgment So long as the above conditions are met, that accrues after entry of the judgment and attorneys' fees incurred by us in the defense of before we have paid, offered to pay, or that indemnitee, necessary litigation expenses deposited in court the part of the judgment that incurred by us and necessary litigation expenses is within the applicable limit of insurance. incurred by the indemnitee at our request will be These payments will not reduce the limits of paid as Supplementary Payments. insurance. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury 2. If we defend an insured against a "suit" and an And Property Damage Liability, such payments will indemnitee of the insured is also named as a party not be deemed to be damages for "bodily injury" to the"suit", we will defend that indemnitee if all of and "property damage" and will not reduce the the following conditions are met: limits of insurance. a. The "suit" against the indemnitee seeks Our obligation to defend an insured's indemnitee damages for which the insured has assumed and to pay for attorneys' fees and necessary the liability of the indemnitee in a contract or litigation expenses as Supplementary Payments agreement that is an"insured contract"; ends when we have used up the applicable limit of b. This insurance applies to such liability insurance in the payment of judgments or assumed by the insured; settlements or the conditions set forth above, or c. The obligation to defend, or the cost of the the terms of the agreement described in defense of, that indemnitee, has also been Paragraph f. above, are no longer met. assumed by the insured in the same "insured SECTION II—WHO IS AN INSURED contract"; 1. If you are designated in the Declarations as: d. The allegations in the"suit"and the information a. An individual you and our souse are we know about the "occurrence" are such that y y p insureds, but only with respect to the conduct no conflict appears to exist between the of a business of which you are the sole owner. interests of the insured and the interests of the indemnitee; b. A partnership or joint venture, you are an insured. Your members, your partners, and e. The indemnitee and the insured ask us to their spouses are also insureds, but only with conduct and control the defense of that respect to the conduct of your business. indemnitee against such "suit" and agree that we can assign the same counsel to defend the c. A limited liability company, you are an insured. insured and the indemnitee; and Your members are also insureds, but only with respect to the conduct of your business. Your f. The indemnitee: managers are insureds, but only with respect (1) Agrees in writing to: to their duties as your managers. (a) Cooperate with us in the investigation, d. An organization other than a partnership, joint settlement or defense of the"suit"; venture or limited liability company, you are an (b) Immediately send us copies of any insured. Your"executive officers" and directors demands, notices, summonses or legal are insureds, but only with respect to their papers received in connection with the duties as your officers or directors. Your "suit"; stockholders are also insureds, but only with respect to their liability as stockholders. (c) Notify any other insurer whose coverage e. A trust, you are an insured. Your trustees are is available to the indemnitee; and also insureds, but only with respect to their (d) Cooperate with us with respect to duties as trustees. coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the"suit'; and (b) Conduct and control the defense of the indemnitee in such"suit". CG 00 01 0413 ©Insurance Services Office, Inc., 2012 Page 9 of 16 2. Each of the following is also an insured: c. Any person or organization having proper a. Your"volunteer workers" only while performing temporary custody of your property if you die, duties related to the conduct of your business, but only: or your "employees", other than either your (1) With respect to liability arising out of the "executive officers" (if you are an organization maintenance or use of that property; and other than a partnership,joint venture or limited (2) Until your legal representative has been liability company) or your managers (if you are appointed. a limited liability company), but only for acts within the scope of their employment by you or d. Your legal representative if you die, but only while performing duties related to the conduct with respect to duties as such. That of your business. However, none of these representative will have all your rights and "employees" or "volunteer workers" are duties under this Coverage Part. insureds for: 3. Any organization you newly acquire or form, other (1) "Bodily injury" or "personal and advertising than a partnership, joint venture or limited liability injury": company, and over which you maintain ownership (a) To you, to your partners or members (if or majority interest, will qualify as a Named Insured if there is no other similar insurance you are a partnership or joint venture),to your members (if you are a limited available to that organization. However: liability company), to a co-"employee" a. Coverage under this provision is afforded only while in the course of his or her until the 90th day after you acquire or form the employment or performing duties related organization or the end of the policy period, to the conduct of your business, or to whichever is earlier; your other "volunteer workers" while b. Coverage A does not apply to"bodily injury" or performing duties related to the conduct "property damage" that occurred before you of your business; acquired or formed the organization; and (b) To the spouse, child, parent, brother or c. Coverage B does not apply to "personal and sister of that co-"employee" or advertising injury" arising out of an offense "volunteer worker" as a consequence of committed before you acquired or formed the Paragraph (1)(a)above; organization. (c) For which there is any obligation to No person or organization is an insured with respect share damages with or repay someone to the conduct of any current or past partnership,joint else who must pay damages because of venture or limited liability company that is not shown the injury described in Paragraph (1)(a) as a Named Insured in the Declarations. or(b)above;or SECTION III—LIMITS OF INSURANCE (d) Arising out of his or her providing or 1. The Limits of Insurance shown in the Declarations failing to provide professional health and the rules below fix the most we will pay care services. regardless of the number of: (2) "Property damage"to property: a. Insureds; (a) Owned, occupied or used by; b. Claims made or"suits"brought; or (b) Rented to, in the care, custody or c. Persons or organizations making claims or control of, or over which physical control bringing "suits". is being exercised for any purpose by; you, any of your "employees", "volunteer 2. The General Aggregate Limit is the most we will workers", any partner or member(if you are pay for the sum of: a partnership or joint venture), or any a. Medical expenses under Coverage C; member (if you are a limited liability b. Damages under Coverage A, except damages company), because of"bodily injury"or"property damage" b. Any person (other than your "employee" or included in the "products-completed operations "volunteer worker"), or any organization while hazard"; and acting as your real estate manager. c. Damages under Coverage B. Page 10 of 16 OO Insurance Services Office, Inc., 2012 CG 00 01 04 13 3. The Products-Completed Operations Aggregate (3) The nature and location of any injury or Limit is the most we will pay under Coverage A for damage arising out of the 'occurrence" or damages because of"bodily injury" and "property offense. damage" included in the "products-completed b. If a claim is made or "suit" is brought against operations hazard". any insured,you must: 4. Subject to Paragraph 2. above, the Personal And (1) Immediately record the specifics of the Advertising Injury Limit is the most we will pay claim or"suit"and the date received;and under Coverage B for the sum of all damages because of all "personal and advertising injury" (2) Notify us as soon as practicable. sustained by any one person or organization. You must see to it that we receive written 5. Subject to Paragraph 2. or 3. above, whichever notice of the claim or "suit" as soon as applies, the Each Occurrence Limit is the most we practicable. will pay for the sum of: c. You and any other involved insured must: a. Damages under Coverage A; and (1) Immediately send us copies of any b. Medical expenses under Coverage C demands, notices, summonses or legal because of all "bodily injury" and "property papers received in connection with the claim or"suit''; damage"arising out of any one'occurrence 6. Subject to Paragraph 5. above, the Damage To {2) Authorize us to obtain records and other Premises Rented To You Limit is the most we will information; pay under Coverage A for damages because of (3) Cooperate with us in the investigation or "property damage" to any one premises, while settlement of the claim or defense against rented to you, or in the case of damage by fire, the"suit"; and while rented to you or temporarily occupied by you (4) Assist us, upon our request, in the with permission of the owner. enforcement of any right against any 7. Subject to Paragraph 5, above, the Medical person or organization which may be liable Expense Limit is the most we will pay under to the insured because of injury or damage Coverage C for all medical expenses because of to which this insurance may also apply. "bodily injury"sustained by any one person. d. No insured will, except at that insured's own The Limits of Insurance of this Coverage Part apply cost, voluntarily make a payment, assume any separately to each consecutive annual period and to obligation, or incur any expense, other than for any remaining period of less than 12 months, starting first aid,without our consent. with the beginning of the policy period shown in the 3. Legal Action Against Us Declarations, unless the policy period is extended No person or organization has a right under this after issuance for an additional period of less than 12 Coverage Part: months. In.that case, the additional period will be deemed part of the last preceding period for purposes a. To join us as a party or otherwise bring us into of determining the Limits of Insurance. a"suit"asking for damages from an insured; or SECTION IV—COMMERCIAL GENERAL LIABILITY b. To sue us on this Coverage Part unless all of CONDITIONS its terms have been fully complied with. 1. Bankruptcy A person or organization may sue us to recover on Bankruptcy or insolvency of the insured or of the an agreed settlement or on a final judgment insured's estate will not relieve us of our against an insured; but we will not be liable for obligations under this Coverage Part. damages that are not payable under the terms of this Coverage Part or that are in excess of the 2. Duties In The Event Of Occurrence,Offense, applicable limit of insurance.An agreed settlement Claim Or Suit means a settlement and release of liability signed a. You must see to it that we are notified as soon by us, the insured and the claimant or the as practicable of an 'occurrence" or an offense claimant's legal representative. which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and CG 00 01 0413 ©insurance Services Office, Inc., 2012 Page 11 of 16 4. Other Insurance (3) When this insurance is excess over other If other valid and collectible insurance is available insurance, we will pay only our share of the to the insured for a loss we cover under amount of the loss, if any, that exceeds the Coverages A or B of this Coverage Part, our sum of: obligations are limited as follows: (a) The total amount that all such other a. Primary Insurance insurance would pay for the loss in the This insurance is primary except when absence of this insurance; and Paragraph b. below applies. If this insurance is (b) The total of all deductible and self- primary, our obligations are not affected unless insured amounts under all that other any of the other insurance is also primary. insurance. Then, we will share with all that other (4) We will share the remaining loss, if any, insurance by the method described in with any other insurance that is not Paragraph c. below. described in this Excess Insurance b. Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance (1) This insurance is excess over: shown in the Declarations of this Coverage (a) Any of the other insurance, whether Part. primary, excess, contingent or on any c. Method Of Sharing other basis: If all of the other insurance permits contribution (i) That is Fire, Extended Coverage, by equal shares, we will follow this method Builder's Risk, Installation Risk or also. Under this approach each insurer similar coverage for"your work"; contributes equal amounts until it has paid its (ii) That is Fire insurance for premises applicable limit of insurance or none of the loss rented to you or temporarily remains, whichever comes first. occupied by you with permission of If any of the other insurance does not permit the owner; contribution by equal shares, we will contribute (iii) That is insurance purchased by you by limits. Under this method, each insurer's to cover your liability as a tenant for share is based on the ratio of its applicable "property damage" to premises limit of insurance to the total applicable limits of rented to you or temporarily insurance of all insurers. occupied by you with permission of 5. Premium Audit the owner; or a. We will compute all premiums for this (iv) If the loss arises out of the Coverage Part in accordance with our rules maintenance or use of aircraft, and rates. autos"or watercraft to the extent not b. Premium shown in this Coverage Part as Coverage A — Bodily Injury And subject to Exclusion g. of Section I — advance premium is a deposit premium only_ Property Damage Liability. At the close of each audit period we will compute the earned premium for that period (b) Any other primary insurance available to and send notice to the first Named Insured. you covering liability for damages The due date for audit and retrospective arising out of the premises or premiums is the date shown as the due date operations, or the products and on the bill. If the sum of the advance and audit completed operations, for which you premiums paid the policy have been added as an additional p pid f h Y period is greater than the earned premium, we will return the insured. excess to the first Named Insured. (2) When this insurance is excess,we will have c. The first Named Insured must keep records of no duty under Coverages A or B to defend the information we need for premium the insured against any 'suit if any other computation, and send us copies at such times insurer has a duty to defend the insured as we may request. against that "suit". If no other insurer defends, we will undertake to do so, but we 6. Representations will be entitled to the insured's rights By accepting this policy, you agree: against all those other insurers. a. The statements in the Declarations are accurate and complete; Page 12 of 16 ©Insurance Services Office, Inc., 2012 CG 00 01 04 13 b. Those statements are based upon However, "auto" does not include "mobile representations you made to us; and equipment". c. We have issued this policy in reliance upon 3. "Bodily injury" means bodily injury, sickness or your representations. disease sustained by a person, including death 7. Separation Of Insureds resulting from any of these at any time. Except with respect to the Limits of Insurance, and 4. "Coverage territory" means: any rights or duties specifically assigned in this a. The United States of America (including its Coverage Part to the first Named Insured, this territories and possessions), Puerto Rico and insurance applies: Canada; a. As if each Named Insured were the only b. International waters or airspace, but only if the Named Insured; and injury or damage occurs in the course of travel b. Separately to each insured against whom claim or transportation between any places included is made or"suit"is brought. in Paragraph a.above; or 8. Transfer Of Rights Of Recovery Against Others c. All other parts of the world if the injury or To Us damage arises out of: If the insured has rights to recover all or part of (1) Goods or products made or sold by you in any payment we have made under this Coverage the territory described in Paragraph a. Part, those rights are transferred to us. The above; insured must do nothing after loss to impair them. (2) The activities of a person whose home is in At our request, the insured will bring "suit" or the territory described in Paragraph a. transfer those rights to us and help us enforce above, but is away for a short time on your them. business; or 9. When We Do Not Renew (3) "Personal and advertising injury" offenses If we decide not to renew this Coverage Part, we that take place through the Internet or will mail or deliver to the first Named Insured similar electronic means of communication; shown in the Declarations written notice of the provided the insured's responsibility to pay nonrenewal not less than 30 days before the damages is determined in a "suit" on the expiration date. merits, in the territory described in Paragraph If notice is mailed, proof of mailing will be sufficient a.above or in a settlement we agree to. proof of notice. 5. "Employee" includes a "leased worker". SECTION V—DEFINITIONS "Employee" does not include a "temporary worker". 1. "Advertisement" means a notice that is broadcast or published to the general public or specific 6. "Executive officer" means a person holding any of market segments about your goods, products or the officer positions created by your charter, services for the purpose of attracting customers or constitution, bylaws or any other similar governing supporters. For the purposes of this definition: document. a. Notices that are published include material 7. "Hostile fire" means one which becomes placed on the Internet or on similar electronic uncontrollable or breaks out from where it was means of communication;and intended to be. b. Regarding web sites, only that part of a web 8. 'Impaired property" means tangible property, other site that is about your goods, products or than "your product" or"your work", that cannot be services for the purposes of attracting 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, 2. "Auto" means: deficient, inadequate or dangerous; or a. A land motor vehicle, trailer or semitrailer b. You have failed to fulfill the terms of a contract designed for travel on public roads, including or agreement; any attached machinery or equipment; or if such property can be restored to use by the b. Any other land vehicle that is subject to a repair, replacement, adjustment or removal of compulsory or financial responsibility law or "your product" or "your work" or your fulfilling the other motor vehicle insurance law where it is terms of the contract or agreement. licensed or principally garaged. CG 00 01 0413 ©Insurance Services Office, Inc., 2012 Page 13 of 16 9. "Insured contract"means: 10."Leased worker" means a person leased to you by a. A contract for a lease of premises. However, a labor leasing firm under an agreement between that portion of the contract for a lease of you and the labor leasing firm, to perform duties premises that indemnifies any person or related to the conduct of your business. "Leased organization for damage by fire to premises worker'does not include a"temporary worker'. while rented to you or temporarily occupied by 11."Loading or unloading" means the handling of you with permission of the owner is not an property: "insured contract"; a. After it is moved from the place where it is b. A sidetrack agreement; accepted for movement into or onto an aircraft, c. Any easement or license agreement, except in watercraft or"auto"; connection with construction or demolition b. While it is in or on an aircraft, watercraft or operations on or within 50 feet of a railroad; "auto';or d. An obligation, as required by ordinance, to c. While it is being moved from an aircraft, indemnify a municipality, except in connection watercraft or "auto" to the place where it is with work for a municipality; finally delivered; e. An elevator maintenance agreement; but "loading or unloading" does not include the f. That part of any other contract or agreement movement of property by means of a mechanical pertaining to your business (including an device, other than a hand truck, that is not indemnification of a municipality in connection attached to the aircraft,watercraft or"auto". with work performed for a municipality) under 12."Mobile equipment" means any of the following which you assume the tort liability of another types of land vehicles, including any attached party to pay for "bodily injury" or "property machinery or equipment: damage" to a third person or organization_ Tort a. Bulldozers, farm machinery, forklifts and other liability means a liability that would be imposed vehicles designed for use principally off public by law in the absence of any contract or roads; agreement. b. Vehicles maintained for use solely on or next to Paragraph f. does not include that part of any premises you own or rent; contract or agreement: c. Vehicles that travel on crawler treads- (1) That indemnifies a railroad for"bodily injury" or "property damage" arising out of d. Vehicles, whether self-propelled or not, construction or demolition operations,within maintained primarily to provide mobility to 50 feet of any railroad property and permanently mounted: affecting any railroad bridge or trestle, (1) Power cranes, shovels, loaders, diggers or tracks, road-beds, tunnel, underpass or drills;or crossing; (2) Road construction or resurfacing equipment (2) That indemnifies an architect, engineer or such as graders, scrapers or rollers; surveyor for injury or damage arising out of: e. Vehicles not described in Paragraph a., b., c. (a) Preparing, approving, or failing to or d. above that are not self-propelled and are prepare or approve, maps, shop maintained primarily to provide mobility to drawings, opinions, reports, surveys, permanently attached equipment of the field orders, change orders or drawings following types: and 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 primary cleaning, geophysical exploration, lighting cause of the injury or damage; or and well servicing equipment; or (3) Under which the insured, if an architect, (2) Cherry pickers and similar devices used to engineer or surveyor, assumes liability for raise or lower workers; an injury or damage arising out of the f. Vehicles not described in Paragraph a., b., c. insured's rendering or failure to render or d. above maintained primarily for purposes professional services, including those listed other than the transportation of persons or in (2) above and supervisory, inspection, cargo. architectural or engineering activities. Page 14 of 16 ©Insurance Services Office, Inc., 2012 CG 00 01 0413 However, self-propelled vehicles with the 16."Products-completed operations hazard": following types of permanently attached a. Includes all "bodily injury" and "property equipment are not "mobile equipment" but will damage" occurring away from premises you be considered"autos": own or rent and arising out of"your product" or (1) Equipment designed primarily for: "your work"except: (a) Snow removal; (1) Products that are still in your physical (b) Road maintenance, but not construction possession; or or resurfacing;or (2) Work that has not yet been completed or (c) Street cleaning; abandoned. However, "your work" will be deemed completed at the earliest of the (2) Cherry pickers and similar devices mounted following times: on automobile or truck chassis and used to raise or lower workers; and (a) When all of the work called for in your contract has been completed. (3) Air compressors, pumps and generators,including spraying, welding, building (b) When all of the work to be done at the cleaning, geophysical exploration, lighting job site has been completed if your and well servicing equipment. contract calls for work at more than one job site. However, "mobile equipment" does not include (c) When that part of the work done at a job any land vehicles that are subject to a compulsory or financial responsibility law or other motor site has been put to its intended use by vehicle insurance law where it is licensed or any person or organization other than principally garaged. Land vehicles subject to a another contractor or subcontractor compulsory or financial responsibility law or other working on the same project. motor vehicle insurance law are considered Work that may need service, maintenance, "autos". correction, repair or replacement, but which 13."Occurrence" means an accident, including is otherwise complete, will be treated as continuous or repeated exposure to substantially completed. the same general harmful conditions. b. Does not include "bodily injury" or "property 14."Personal and advertising injury" means injury, damage"arising out of: including consequential "bodily injury", arising out (1) The transportation of property, unless the of one or more of the following offenses: injury or damage arises out of a condition in a. False arrest, detention or imprisonment; or on a vehicle not owned or operated by you, and that condition was created by the b. Malicious prosecution; "loading or unloading"of that vehicle by any c. The wrongful eviction from, wrongful entry into, insured; or invasion of the right of private occupancy of (2) The existence of tools, uninstalled a room, dwelling or premises that a person equipment or abandoned or unused occupies, committed by or on behalf of its materials; or owner, landlord or lessor, (3) Products or operations for which the d. Oral or written publication, in any manner, of classification, listed in the Declarations or in material that slanders or libels a person or a policy Schedule, states that products- organization or disparages a person's or completed operations are subject to the organization's goods, products or services; General Aggregate Limit. e. Oral or written publication, in any manner, of 17."Property damage"means: material that violates a person's right of privacy; a. Physical injury to tangible property, including all resulting loss of use of that property. All f. The use of another's advertising idea in your such loss of use shall be deemed to occur at "advertisement";or the time of the physical injury that caused it;or g. Infringing upon another's copyright, trade dress b. Loss of use of tangible roe that is not or slogan in your"advertisement". physically injured. All such lo s of use shall be 15."Pollutants" mean any solid, liquid, gaseous or deemed to occur at the time of the thermal irritant or contaminant, including smoke, "occurrence"that caused it. vapor, soot, fumes, acids, alkalis, chemicals and For the purposes of this insurance, electronic data waste. Waste includes materials to be recycled, is not tangible property. reconditioned or reclaimed. CG 00 01 04 13 ©Insurance Services Office, Inc., 2012 Page 15 of 16 As used in this definition, electronic data means b. Includes: information, facts or programs stored as or on, (1) Warranties or representations made at any created or used on, or transmitted to or from time with respect to the fitness, quality, computer software, including systems and durability, performance or use of "your applications software, hard or floppy disks, CD- product';and ROMs, tapes, drives, cells, data processing devices or any other media which are used with (2) The providing of or failure to provide electronically controlled equipment. warnings or instructions. 18."Suit" means a civil proceeding in which damages c. Does not include vending machines or other because of "bodily injury", "property damage" or property rented to or located for the use of "personal and advertising injury" to which this others but not sold. insurance applies are alleged. "Suit"includes: 22."Your work": a. An arbitration proceeding in which such a. Means: damages are claimed and to which the insured (1) Work or operations performed by you or on must submit or does submit with our consent; your behalf; and or b. Any other alternative dispute resolution (2) Materials, parts or equipment f imished in proceeding in which such damages are connection with such work or operations. claimed and to which the insured submits with b. Includes: our consent. (1) Warranties or representations made at any 19.'Temporary worker" means a person who is time with respect to the fitness, quality, furnished to you to substitute for a permanent durability, performance or use of "your "employee" on leave or to meet seasonal or short- work'; and term workload conditions. (2) The providing of or failure to provide 20."Volunteer worker" means a person who is not warnings or instructions. your"employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 21."Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. Page 16 of 16 0 Insurance Services Office, Inc., 2012 CG 00 01 04 13 COMMERCIAL GENERAL LIABILITY CG 0181 05 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion e. of Coverage A — Bodily Injury And With respect to "employees" of the insured whose Property Damage Liability (Section I— Coverages) employment is subject to the Industrial Insurance applies only to "bodily injury"to any"employee" of Act of Washington, the reference to "volunteer the insured whose employment is not subject to workers" is removed from Paragraph 2.(a) of Sec- the Industrial Insurance Act of Washington (Wash- tion II — Who Is An Insured and Paragraph ington Revised Code Title 51). 2.a.(1) of Section II is replaced with the following: With respect to "bodily injury" to "employees" of 2. Each of the following is also an insured: the insured whose employment is subject to the a. Your "employees", other than either your Industrial Insurance Act of Washington, Exclusion "executive officers" (if you are an organiza- e. is replaced with the following: tion other than a partnership, joint venture This insurance does not apply to: or limited liability company) or your manag- 1. "Bodily injury" to an "employee" of the insured ers (if you are a limited liability company), arising out of and in the course of: but only for acts within the scope of their employment by you or while performing du- a. Employment by the insured; or ties related to the conduct of your business. b. Performing duties related to the conduct of However, none of these "employees" is an the insured's business;or insured for: 2. Any obligation to share damages with or repay (1) "Bodily injury" or"personal and advertis- someone else who must pay damages be- ing injury": cause of the injury. (a) To you, to your partners or members This exclusion does not apply to liability assumed (if you are a partnership or joint ven- by the insured under an"insured contract", ture), to your members (if you are a B. Paragraphs 2.a.(1)(a), (b) and {c} of Section II — limited liability company), or to a co- Who Is An Insured apply only to "employees" of "employee" while that cof employee" the insured whose employment is not subject to a either in the course of his duties her the Industrial Insurance Act of Washington (Wash- latedemployment or performing duties si- ington Revised Code Title 51). ness to the conduct of your busi- ness; (b) For which there is any obligation to share damages with or repay some- one else who must pay damages because of the injury described in Paragraph (1)(a)above; or (c) Arising out of his or her providing or failing to provide professional health care services. CG 01 81 05 08 ©ISO Properties, Inc., 2007 Page 1 of 1 0 COMMERCIAL GENERAL LIABILITY CG 01 97 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES - EMPLOYMENT-RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2., B. The following exclusion is added to Paragraph 2., Exclusions of Coverage A — Bodily Injury And Exclusions of Coverage B — Personal And Ad- Property Damage Liability (Section I — Cover- vertising Injury Liability (Section I — Cover- ages): ages): This insurance does not apply to: This insurance does not apply to, "Bodily injury"to: "Personal and advertising injury"to: 1. A person arising out of any: 1. A person arising out of any: a. Refusal to employ that person; a. Refusal to employ that person,- b. Termination of that person's employment; b. Termination of that person's employment; or or c. Employment-related practices, policies, c. Employment-related practices, policies, acts or omissions, such as coercion, demo- acts or omissions, such as coercion, demo- tion, evaluation, reassignment, discipline, tion, evaluation, reassignment, discipline, defamation, harassment, humiliation, dis- defamation, harassment, humiliation, dis- crimination or malicious prosecution di- crimination or malicious prosecution di- rected at that person; or rected at that person; or 2. The spouse, child, parent, brother or sister of 2. The spouse, child, parent, brother or sister of that person as a consequence of"bodily injury" that person as a consequence of"personal and to that person at whom any of the employment- advertising injury" to that person at whom any related practices described in Paragraphs a., of the employment-related practices described b.and c.above is directed. in Paragraphs a., b.and c.above is directed. This exclusion applies: This exclusion applies: 1. Whether the injury-causing event described in 1. Whether the injury-causing event described in Paragraphs a., b. or c. above occurs before Paragraphs a., b. or c. above occurs before employment, during employment or after em- employment, during employment or after em- ployment of that person; ployment of that person; 2. Whether the insured may be liable as an em- 2. Whether the insured may be liable as an em- ployer or in any other capacity; and ployer or in any other capacity; and 3. To any obligation to share damages with or 3. To any obligation to share damages with or repay someone else who must pay damages repay someone else who must pay damages because of the injury. because of the injury. However, Paragraphs 1.a. and 2. of this exclusion However, Paragraphs 1.a. and 2. of this exclusion do not apply if such "bodily injury" is sustained by do not apply if such "personal and advertising in- any "employee"of the insured whose employment jury" is sustained by any"employee"of the insured is subject to the Industrial Insurance Act of Wash- whose employment is subject to the Industrial In- ington (Washington Revised Code Title 51). surance Act of Washington (Washington Revised Code Title 51). CG 01 97 12 07 ©ISO Properties, Inc., 2006 Page 1 of 1 ❑ COMMERCIAL GENERAL LIABILITY CG 21 06 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA-RELATED LIABILITY - WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section I — Coverage A — As used in this exclusion, electronic data Bodily Injury And Property Damage Liability is means information, facts or programs replaced by the following: stored as or on, created or used on, or 2. Exclusions transmitted to or from computer software, including systems and applications This insurance does not apply to: software, hard or floppy disks, CD-ROMs, p. Access Or Disclosure Of Confidential Or tapes, drives, cells, data processing Personal Information And Data-related devices or any other media which are used Liability with electronically controlled equipment. Damages arising out of: B. The following is added to Paragraph 2. (1) Any access to or disclosure of any Exclusions of Section I — Coverage B — person's or organization's confidential or Personal And Advertising Injury Liability: personal information, including patents, 2. Exclusions trade secrets, processing methods, This insurance does not apply to: customer lists, financial information, credit card information, health Access Or Disclosure Of Confidential Or information or any other type of Personal Information nonpublic information;or "Personal and advertising injury" arising out of (2) The loss of, loss of use of, damage to, any access to or disclosure of any person's or corruption of, inability to access, or organization's confidential or personal inability to manipulate electronic data. information, including patents, trade secrets, processing methods, customer lists, financial This exclusion applies even if damages are information, credit card information, health claimed for notification costs, credit information or any other type of nonpublic monitoring expenses, forensic expenses, information. public relations expenses or any other loss, cost or expense incurred by you or others This exclusion applies even if damages are arising out of that which is described in claimed for notification costs, credit monitoring Paragraph (1)or(2)above. expenses, forensic expenses, public relations expenses or any other loss, cost or expense However, unless Paragraph (1) above incurred by you or others arising out of any applies, this exclusion does not apply to access to or disclosure of any person's or damages because of"bodily injury", organization's confidential or personal information. CG 21 06 05 14 ©Insurance Services Office, Inc., 2013 Page 1 of 1 POLICY NUMBER: PHPK1400180 COMMERCIAL GENERAL LIABILITY CG 21 35 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - COVERAGE C - MEDICAL. PAYMENTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description And Location Of Premises Or Classification: Any and all medical payments (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect to any premises or classification shown 2. The following is added to Section I — Supple- in the Schedule: mentary Payments: 1. Section I — Coverage C — Medical Payments h. Expenses incurred by the insured for first does not apply and none of the references to it aid administered to others at the time of an in the Coverage Part apply:and accident for "bodily injury' to which this in- surance applies. CG 21 35 10 01 C ISO Properties, Inc., 2000 Page 1 of 1 0 POLICY NUMBER: PHPK1400180 COMMERCIAL GENERAL LIABILITY CG 21 44 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE TO DESIGNATE® PREMISES OR PROJECT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Premises: Project: 1. Office and arena operations 2. Gift Shop 3. Player and employee appearances 4. USA Hockey sanctioned games, practices, camps, clinics and events (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) This insurance applies only to "bodily injury", "property damage", "personal and advertising injury" and medical expenses arising out of: 1. The ownership, maintenance or use of the premises shown in the Schedule and operations necessary or incidental to those premises; or 2. The project shown in the Schedule. CG 21 44 07 98 Copyright, Insurance Services Office, Inc., 1997 Page i of 1 COMMERCIAL GENERAL LIABILITY CG 21 84 01 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED NUCLEAR, BIOLOGICAL, CHEMICAL OR RADIOLOGICAL ACTS OF TERRORISM; CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added: 2. "Certified act of terrorism" means an act that is This insurance does not apply to: certified by the Secretary of the Treasury, in TERRORISM concurrence with the Secretary of State and the Attorney General of the United States, to "Any injury or damage" arising, directly or indi- be an act of terrorism pursuant to the federal rectly, out of a "certified act of terrorism". How- Terrorism Risk Insurance Act. The criteria con- ever,this exclusion applies only when one or more tained in the Terrorism Risk Insurance Act for a of the following are attributed to such act: "certified act of terrorism" include the following: 1. The terrorism involves the use, release or a. The act resulted in insured losses in excess escape of nuclear materials, or directly or indi- of$5 million in the aggregate, attributable to rectly results in nuclear reaction or radiation or all types of insurance subject to the Terror- radioactive contamination; or ism Risk Insurance Act; and 2. The terrorism is carried out by means of the b. The act is a violent act or an act that is dispersal or application of pathogenic or poi- dangerous to human life, property or infra- sonous biological or chemical materials; or structure and is committed by an individual 3. Pathogenic or poisonous biological or chemical or individuals as part of an effort to coerce materials are released, and it appears that one the civilian population of the United States purpose of the terrorism was to release such or to influence the policy or affect the con- materials. duct of the United States Government by coercion. B. The following definitions are added: C. In the event of any incident of a "certified act of 1. For the purposes of this endorsement, "any terrorism" that is not subject to this exclusion, cov- injury or damage" means any injury or damage erage does not apply to any foss or damage that is covered under any Coverage Part to which this otherwise excluded under this Coverage Part. endorsement is applicable, and includes but is not limited to "bodily injury", "property dam- age", "personal and advertising injury", "injury" or "environmental damage" as may be defined in any applicable Coverage Part. CG 21 84 01 08 0 ISO Properties, Inc., 2007 Page 1 of 2 ❑ D. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk In- surance Act exceed $100 billion in a Program Year (January 1 through December 31) and we have met our insurer deductible under the Terror- ism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds$100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures es- tablished by the Secretary of the Treasury. Page 2 of 2 © ISO Properties, Inc., 2007 CG 21 84 0108 ❑ POLICY NUMBER: PHPK1400180 COMMERCIAL GENERAL LIABILITY CG24041093 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization where required by a written contract that was executed prior to the occurrence of a loss. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work' done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 0 POLICY NUMBER: PHPK1400180 COMMERCIAL GENERAL LIABILITY CG 24 07 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRODUCTS/COMPLETED OPERATIONS HAZARD REDEFINED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Description of Premises and Operations: Food, beverage and souvenirs. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect to 'bodily injury" or "property damage" Paragraph a. of the definition of"Products-completed arising out of "your products" manufactured, sold, operations hazard" in the DEFINITIONS Section is handled or distributed: replaced by the following: 1. On, from or in connection with the use of any "Products-completed operations hazard": premises described in the Schedule, or a. Includes all 'bodily injury" and "property dam- 2. In connection with the conduct of any operation age" that arises out of "your products" if the described in the Schedule, when conducted by 'bodily injury" or "property damage" occurs you or on your behalf, after you have relinquished possession of those products. CG 24 07 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 0 COMMERCIAL GENERAL LIABILITY CG 24 08 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIQUOR LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion c. — Liquor Liability of COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section 1)—Coverages does not apply. CG 24 08 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 ❑ COMMERCIAL GENERAL LIABILITY CG24221001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COVERAGE TERRITORY - WORLDWIDE COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to Section IV— 4. The insured must fully maintain any coverage Conditions: required by law, regulation or other govern- Expanded Coverage Territory mental authority during the policy period, ex- cept for reduction of the aggregate limits due to 1. If a "suit" is brought P 9 payments of claims,judgments or settlements. territory" that is outside the United States of America (including its territories and posses- Failure to maintain such coverage required by sions), Puerto Rico or Canada, and we are law, regulation or other governmental authority prevented by law, or otherwise, from defending will not invalidate this insurance. However, this the insured,the insured will initiate a defense of insurance will apply as if the required coverage the"suit". We will reimburse the insured, under by law, regulation or other governmental Supplementary Payments, for any reasonable authority was in full effect. and necessary expenses incurred for the de- B. The following is added to Paragraph 4.b. under the fense of a "suit' seeking damages to which this Conditions section: insurance applies, that we would have paid had 4. Other Insurance we been able to exercise our right and duty to defend. b. Excess Insurance If the insured becomes legally obligated to pay This insurance is excess over: sums because of damages to which this insur- (3) Any of the other insurance, whether ance applies in a part of the"coverage territory' primary, excess, contingent or on any that is outside the United States of America (in- other basis: cluding its territories and possessions), Puerto (a) If the insured's liability to pay dam- Rico or Canada, and we are prevented by law, ages is determined in a"suit'brought or otherwise, from paying such sums on the in- outside the United States of America sured's behalf, we will reimburse the insured (including its territories and posses- for such sums. sions), Puerto Rico or Canada; or 2. All payments or reimbursements we make for (b) That is coverage required by law, damages because of judgments or settlements regulation or other governmental will be made in U.S. currency at the prevailing authority in a part of the "coverage exchange rate at the time the insured became territory" that is outside the United legally obligated to pay such sums. All pay- States of America (including its ter- ments or reimbursements we make for ex- ritories and possessions), Puerto penses under Supplementary Payments will be Rico or Canada. made in U.S. currency at the prevailing ex- change rate at the time the expenses were in- C. Paragraph 4. of the Definitions section is replaced curred. by the following: 3. Any disputes between you and us as to 4. "Coverage territory" means anywhere in the whether there is coverage under this policy world with the exception of any country or juris- must be filed in the courts of the United States diction which is subject to trade or other eco- of America (including its territories and posses- nomic sanction or embargo by the United sions), Puerto Rico or Canada. States of America. CG 24 22 10 01 ©ISO Properties, Inc., 2000 Page 1 of 1 13 COMMERCIAL GENERAL LIABILITY CG 24 29 09 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANCES - BINDING ARBITRATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY If we and the insured do not agree whether coverage 2. Bear the expenses of the third arbitrator is provided under this Coverage Part for a claim made equally. against the insured, then both parties may, by mutual Unless both parties agree otherwise, arbitration will consent, agree in writing to arbitration of the take place in the county in which the address shown disagreement. in the Declarations is located. Local rules of law as to If both parties agree to arbitrate, each party will select procedure and evidence will apply. A decision agreed an arbitrator. The two arbitrators will select a third. If to by two of the arbitrators will be binding. they cannot agree within 30 days, both parties must request that selection be made by a judge of a court having jurisdiction. Each party will: 1. Pay the expenses it incurs; and CG 24 29 09 13 0 Insurance Services Office, Inc., 2013 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 26 77 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON -- FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2., B. The following exclusion is added to Paragraph 2., Exclusions of Section I —Coverage A — Bodily Exclusions of Section I — Coverage B — Per- Injury And Property Damage Liability: sonal And Advertising Injury Liability: 2. Exclusions 2. Exclusions This insurance does not apply to: This insurance does not apply to: Fungi Or Bacteria Fungi Or Bacteria a. 'Bodily injury" or "property damage" which a. "Personal and advertising injury" which would not have occurred, in whole or in would not have taken place, in whole or in part, but for the actual, alleged or threat- part, but for the actual, alleged or threat- ened inhalation of, ingestion of, contact ened inhalation of, ingestion of, contact with, exposure to, existence of, or presence with, exposure to, existence of, or presence of, any "fungi" or bacteria on or within a of any "fungi" or bacteria on or within a building or structure, including its contents. building or structure, including its contents. b. Any loss, cost or expenses arising out of b. Any loss, cost or expense arising out of the the abating, testing for, monitoring, cleaning abating,testing for, monitoring, cleaning up, up, removing, containing, treating, detoxify- removing, containing, treating, detoxifying, ing, neutralizing, remediating or disposing neutralizing, remediating or disposing of, or of, or in any way responding to, or assess- in any way responding to, or assessing the ing the effects of, "fungi" or bacteria, by any effects of, "fungi" or bacteria, by any in- insured or by any other person or entity. sured or by any other person or entity. This exclusion does not apply to any "fungi" or C. The following definition is added to the Definitions bacteria that are, are on, or are contained in, a Section: good or product intended for bodily consump- "Fungi" means any type or form of fungus, includ- tion. ing mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi. CG 26 77 12 04 ©ISO Properties, Inc., 2003 Page 1 of 1 13 PI-AM-013 (06/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ATHLETIC OR SPORTS PARTICIPANT LEGAL LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Limits of Insurance Each Occurrence: $ INCLUDED Aggregate: $ INCLUDED (If no entry appears above, information required to complete this Endorsement will be shown in the Declarations as applicable to this Endorsement.) A. The following is added to SECTION I—COVERAGES, SECTION 1—PARTICIPANT LEGAL LIABILITY COVERAGE 1. Insuring Agreement We will pay for"participant legal liability." Coverage includes those sums which you become legally obligated to pay because of actions brought against you for"bodily injury"or"property damage"to a"participant"while practicing for or participating in any contest or exhibition of an athletic or sports nature_ The limits for"participant legal liability" are included within, and not in addition to, the limits shown on the declarations page. If an aggregate limit is shown [e]in the Schedule of this Endorsement, such aggregate is included within, and is not in addition to, any aggregate shown on the declarations page. 2. Exclusions This insurance does not apply to: a. Claims for"bodily injury"or"property damage"to any of your"employees." b. Liability assumed under contract unless such liability would have existed in the absence of a contract. c. Claims or actions brought by one player/athlete against another player/athlete. Coverage remains in effect for you and/or any applicable additional insured on this policy, unless you or any applicable additional insured, while acting in the capacity of player/athlete, caused the"bodily injury"or"property damage"to another player/athlete. B. Deductible Any deductibles or self-insured retention shown elsewhere in the policy as applying to"bodily injury" and/or"property damage" shall apply to "participant legal liability." Page 1 of 2 PI-AM-013 (06/09) C. The following definitions are added to SECTION V—DEFINITIONS: 1. "Participant legal liability" is defined as those sums that the insured becomes legally obligated to pay because of actions brought against the insured for"bodily injury"or"property damage"to a"participant"while practicing for or participating in any contest or exhibition of an athletic or sports nature. 2. "Participant" means players/athletes, coaches, managers,staff members,team workers,officials, cheerleaders, media personnel, or other personnel with permission to enter a"restricted area." 3. "Restricted area"means any area that is occupied by"participants,"and to which access to the general public is restricted or prohibited during the course of practice and/or competition. Page 2 of 2 PI-AM-018(08/06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES - WHO IS AN INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 2.a.(1) under SECTION 11—WHO IS AN INSURED is amended as follows: (1) "Bodily injury" or"personal and advertising injury": (a) to you, to your partners or members(if you are a partnership or joint venture),to your members(if you are a limited liability company), to a co-"employee"while in the course of his or her employment or performing duties related to the conduct of your business, or to your other"volunteer workers"while performing duties related to the conduct of your business, unless they are employed in a position of supervisor or above; (b) to the spouse, child, parent, brother or sister of that co-"employee"or"volunteer worker" as a consequence of paragraph (1)(a) above, unless they are employed in a position of supervisor or above; (c) for which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs(1)(a) or(b) above, unless they are employed in a position of supervisor or above; or (d) arising out of his or her providing or failing to provide professional health care services. Page 1 of 1 PI-AM-021 (08/06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES IN OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 4.Other Insurance is deleted in its entirety and replaced with the following: 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are limited as follows: This insurance shall be excess of any other valid and collectible insurance. All other terms and conditions remain unchanged. Page 1 of 1 PI-AM-023(08/06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONSTRUCTION OPERATIONS LIMITED COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Construction Operations: None (if no entry appears above, information required to complete this Endorsement will be shown in the Declarations as applicable to this Endorsement.) This insurance does not apply to"bodily injury,""property damage,"or"personal and advertising injury" arising out of or in the course of construction activities conducted by or on behalf of the named insured except as shown in the Schedule. However,this exclusion does not apply to minor construction related to normal day-to-day maintenance. Page 1 of 1 PI-AM-040 (08/06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF LIABILITY INSURANCE AFFORDED UNDER ANOTHER POLICY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Designated Policy: Any other insurance policy issued to the named insured (If no entry appears above, information required to complete this Endorsement will be shown in the Declarations as applicable to this Endorsement.) This insurance does not apply to"bodily injury,""property damage,"or"personal and advertising injury" for which liability insurance is afforded under the policy designated in the Schedule (including any replacement, renewal or extension thereof),or would have been afforded but for the exhaustion of the Limits of Insurance or cancellation or expiration of such policy. Page 1 of 1 PI AM-046(08/06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LEASED FACILITY'S PROPERTY DAMAGE COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description of Operations: Hockey Team Each Occurrence Limit: $ 1,000,000 Deductible: $ N/A Additional Premium: $ N/A (If no entry appears above, information required to complete this Endorsement will be shown in the Declarations as applicable to this Endorsement.) A. "Property damage"coverage is provided for your liability to any arena, coliseum, stadium, bowl, hippodrome, or any such facility used by you for any insured event. This insurance does not apply to: 1) "Property damage"to floors, decks, pavements, lawns, rugs,or artificial floor coverings. 2) Liability for damage to or destruction of property resulting from your failure to provide reasonable and proper care of property used by you. B. If other valid and collectible insurance is available to you for a"property damage" loss subject to the terms of this endorsement,the insurance provided herein is excess of such other insurance,whether primary, excess, contingent, or on any other basis. Even though provided on an excess basis, in no event will coverage herein exceed the stated Each Occurrence Limit and will remain subject to the Deductible, if any, shown in the Schedule. These limits are included in, and are not in addition to, the limits shown in the Declarations of this policy. Page 1 of 1 PI-AM-047(12108) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE - EMERGENCY MEDICAL PERSONNEL SERVICE LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Limits of Insurance: $ INCLUDED Each Occurrence $ INCLUDED Aggregate Description of Hazards: Emergency Medical Operations by the Named Insured or its employees, including Emergency Medical Technicians. A. The following is added to SECTION I—COVERAGES: EMERGENCY MEDICAL PERSONNEL SERVICE LIABILITY COVERAGE 1. Insuring Agreement a. We will pay those sums you become legally obligated to pay as damages because of"bodily injury"to any person arising out of a"wrongful act"to which this insurance applies. We will have the right and duty to defend the insured against any"suit"seeking those damages even if the allegations of the"suit"are groundless,false,or fraudulent. However,we will have no duty to defend the insured against any"suit" seeking damages for"bodily injury"or"property damage"to which this insurance does not apply. We may, at our discretion, investigate any"occurrence"and settle any claim or"suit"that may result. But: (1) The amount we will pay for damages is limited as described in the above Schedule; and (2) Our right and duty to defend end when we have used up the applicable Limit of Insurance in the payment of judgments or settlements under COVERAGES A, B, and EMERGENCY MEDICAL PERSONNEL SERVICE LIABILITY COVERAGE,or medical expenses under COVERAGE C. No other obligation of liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTAL PAYMENTS— COVERAGE A, B, and EMERGENCY MEDICAL PERSONNEL SERVICE LIABILITY COVERAGE. b. This insurance applies to a"wrongful act" only if: (1) Such"wrongful act'takes place in the"coverage territory"; and (2) Such "wrongful act"takes place during the policy period. Page 1 of 4 PI-AM-047(12/08) 2. Exclusions This policy does not apply: a. to any dishonest,fraudulent, criminal or malicious act or omissions of you, your partner or your"employees% b. to the conduct of any"business"enterprise owned by you which is controlled, operated, or managed by you either individually or in a fiduciary capacity, including the ownership, maintenance, or use of any property in connection therewith other than in connection with the normal and usual"professional services"insured hereunder; C. to libel, slander, invasion of privacy, assault or battery or conversion; d. to any liability of yours which would be covered by a standard automobile public liability policy; e. to liability arising out of the ownership, maintenance, operation, or use of any watercraft or aircraft; f. to liability arising out of"loading or unloading"of any"auto"; g. to liability of others assumed by you under any contract or agreement, either oral or in writing, unless specifically endorsed hereon; h. to any obligation for which you or any carrier as your insurer may be held liable under any workers' compensation, unemployment compensation, or disability benefits law, or under any similar law; i. to"bodily injury"to, or sickness, disease, or death of any"employee" of yours arising out of and in the course of his employment; j. to any loss or claim either directly or indirectly arising from your activities as an officer or director of any corporation, company, or"business"other than that of the First Named Insured on this policy; k. to any loss or claim based upon or arising out of the Securities Act of 1933 or the Securities Exchange Act of 1934 or any amendment thereof or additional thereto or any State Securities Acts (also known as"Blue Sky Laws") or amendments thereof or additions thereto; I. any loss arising from the practice of Admiralty Law; M. to injury arising out of the performance of a criminal act or caused by a person while under the influence of intoxicants or narcotics; n. to claims for or arising out of the infringement of any copyright or trademark or patent; o. to the rendering or failure to render"professional services" by any physician, surgeon, or nurse anesthetist; P. to any claim for punitive or exemplary damages whether arising out of your acts, or those of your"employees"or any other person. Page 2 of 4 PI-AM-047 (12/08) B. SUPPLEMENTARY PAYMENTS—COVERAGES A and B is amended to read SUPPLEMENTARY PAYMENTS—COVERAGES A, B,and EMERGENCY MEDICAL PERSONNEL SERVICE LIABILITY COVERAGE. C. WHO IS AN INSURED The following are insureds afforded coverage under this endorsement. 1. For the purpose of the coverage provided by this endorsement, WHO IS AN INSURED, the following are insureds: a. If the First Named Insured is designated in the Declarations as an individual, the person designated; b. If the First Named Insured is designated in the Declarations as a partnership or joint venture,the partnership or joint venture so designated and any partner or member thereof, but only with respect to his liability as such; C. If the First Named Insured is designated in the Declarations as a corporation,the corporation so designated and an executive officer or director thereof while acting within the scope of his duties as such; d. If the First Named Insured is designated in the Declarations as an Association, any member while operating within the scope of his duties as such; e. All ambulance drivers and all ambulance attendants employed by the First Named Insured, but only while acting within the scope of their duties as Emergency Medical Personnel. D. LIMITS OF INSURANCE 1. Paragraph 2.of SECTION III—LIMITS OF INSURANCE is deleted and replaced with the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under COVERAGE C; b. Damages under COVERAGE A, except damages because of"bodily injury"or"property damage" included in the"products-completed operations hazard"; and C. Damages under COVERAGE B and EMERGENCY MEDICAL PERSONNEL SERVICE LIABILITY COVERAGE. 2. Paragraph 5. of SECTION III—LIMITS OF INSURANCE is deleted and replaced with the following: 5. a. Subject to 2. or 3. above,whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: (1) Damages under COVERAGE A and EMERGENCY MEDICAL PERSONNEL SERVICE LIABILITY COVERAGE; and (2) Medical Expenses under COVERAGE C Page 3 of 4 PI-AM-047(12/08) because of all"bodily injury"and"property damage"arising out of any one "occurrence." b. For the purposes of determining Limits of Insurance, all claims and "suits" under EMERGENCY MEDICAL PERSONNEL SERVICE LIABILITY COVERAGE which arise out of a single"wrongful act"or a series of related"wrongful acts"shall be considered a single "occurrence." E. DEFINITIONS The following definitions are added: 1. "Business"means a commercial, industrial, or mercantile activity engaged in as a means of livelihood or investment. 2. "Professional services"means health care services provided by a properly licensed medical professional operating within the scope of that license, including food or beverages given with such services. 3. "Wrongful act"means the rendering of or failure to render"professional services" by one or more of your emergency medical personnel. Page 4 of 4 PI AM-048(12/08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED EXCESS FIREWORKS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Per Occurrence: $ INCLUDED Aggregate: $ INCLUDED (included in and not in addition to the limits stated on the Declarations Page) It is understood and agreed that this insurance does not apply to'bodily injury," property damage," or "personal and advertising injury"arising out of fireworks, unless the entity or person performing the fireworks provides evidence of applicable commercial general liability insurance coverage in the amount of at least$1,000,000 that covers fireworks,and you are named as an additional insured on the policy providing such coverage. An unintentional error on your part, in securing such evidence, will not void your coverage in the event of an occurrence involving fireworks. However, your failure to maintain an adequate system to regularly secure such evidence of insurance will void your coverage in the event of an occurrence involving fireworks. For purposes of this endorsement, fireworks mean any display of explosive or burning devices, material or pyrotechnics. Fireworks do not include the firing of an explosive commonly used to start an event or flashboxes,which are induced electronically in a cylinder with no projectile,wadding or wrapping. It is further understood and agreed that SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 4.Other Insurance, b. Excess Insurance,(1) is amended to include the following: (e)That is insurance which provides coverage for fireworks. All other terms and conditions remain unchanged. Page 1 of 1 PI-AM-051 (08/06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MANDATORY ACCIDENT MEDICAL COVERAGE -- LIMITATION OF COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to"bodily injury"to anyone practicing for or participating in a sport or athletic contest, unless accident medical insurance is carried by or on behalf of the"participant,"and is in full force and effect at the time of any"occurrence"giving rise to a claim under this policy. Page 1 of 1 PI-AM-066 (10/06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AGGREGATE LIMIT - PER EVENT ANTI-STACKING PROVISION This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement amends the Aggregate Limit in each of the aforementioned coverage forms as follows: The Aggregate Limit identified under Section I II—Limits of Insurance shall apply separately to each Event insured under this policy, as the total aggregate amount of coverage available for claims arising from that Event regardless of the number of occurrences, claimants, or defendants. An Event's limits of liability are not available for any other Event covered under this policy. Under no circumstances will the Aggregate Limit for any one Event be added and/or stacked to the Aggregate Limit available for another Event. For the purposes of this endorsement,the term "Event"means: Any performance, presentation, or contest, including rehearsals, set-up, and take-down for which a separate ticket or admittance is required. All other terms, conditions, provisions,and exclusions of the policy remain unchanged. I, having full authority to act on behalf of the organization's insurance program, fully understand the intent of this endorsement. Signature Title Date Page 1 of 1 PI-AS-002 (04/04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WAIVER AND RELEASE SYSTEM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART You must maintain a system to regularly secure signed Waiver and Release forms from participants allowed to enter restricted areas and to prevent restricted area credentials from being issued before participants have properly signed and executed the Waiver and Release forms. For minor participants (under eighteen [18]years of age), you must always maintain a system to secure valid Minor Waiver and Release forms signed by the parent or legal guardian. Unintentional error on your part in securing Waiver and Release or Minor Waiver and Release forms will not void your coverage in the event of an"occurrence"to a participant. However, your failure to maintain an adequate system to regularly secure Waiver and Release or Minor Waiver and Release forms will void your coverage in the event of an "occurrence"to the participant. When you notify us of an"occurrence"involving a participant, you will also provide us with a valid Waiver and Release form that has been signed and dated by the participant prior to the time of the"occurrence". If the participant is a minor(under eighteen [18]years of age), you will provide us with a valid Minor Waiver and Release form that has been signed by the parent(s)or legal guardian(s)of the minor participant. Page 1 of 1 PI-AS-003 (04/04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION -- STUNT ACTIVITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to"bodily Injury", "property damage" or"personal and advertising injury" arising out of any"stunt activity", including any practice or preparation for any"stunt activity". "Stunt activity" means any feat or activity requiring special strength, skill, equipment, device or daring. Page 1 of 1 PI-AS-004(04/04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINIMUM EARNED PREMIUM ENDORSEMENT SPORTS ACTIVITIES AND SPECIAL EVENTS For annual term policies with short-term seasons or activities,the minimum earned premium is the greater of the premium earned for the period the policy was in effect or the policy writing minimum premium. The premium eamed for the period the policy was in effect shall be determined by dividing the number of days the policy was in effect during the season or activity by the total number of days the standard season or short-term activity of the Named Insured. The resulting pro-rata factor shall be applied to the annual premium paid. For policies less than annual term,the minimum earned premium shall be the greater of the premium eamed for the period the policy was in effect or the policy writing minimum premium. The premium earned for the period the policy was in effect shall be determined by dividing the number of days the policy was in effect during the season or activity by the total number of days of the standard season or short-term activity of the Named Insured. The resulting pro-rata factor shall then be applied to the term premium. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Page 1 of 1 PI-AS-013 (04/04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUSION - MISCELLANEOUS ACTIVITIES ARID DEVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Each exclusion indicated by an "X" is added to the policy: This insurance does not apply to"bodily injury", "property damage", or"personal and advertising injury": Inverted Aerial Maneuver Arising out of the attempt to perform or performance of any inverted aerial maneuver by a skier from a jump: 1. Built by you or on your behalf; or 2. Built on your premises with your permission or knowledge. Amusement Device Arising out of the ownership,operation, maintenance, supervision, or use of any amusement device. For purposes of this exclusion, amusement device means any device or equipment a person rides for enjoyment, including, but not limited to, any mechanical or non-mechanical ride, slide,water slide (including any ski or tow when used in connection with a water slide), moonwalk or moon bounce, bungee operation or equipment. Amusement device also includes any vertical device or equipment used for climbing—either permanently affixed or temporarily erected. Amusement device does not include any video arcade or computer game. Bungee Arising out of the ownership, operation, maintenance, supervision, or use of any bungee operation or equipment whether owned, operated, maintained or used by you, any other insured or any other person or entity. Trampoline Arising out of the ownership, operation, maintenance, supervison, or use of any trampoline whether owned, operated, maintained or used by you, any other insured or any other person or entity. For purposes of this exclusion,trampoline includes any rebounding device except those which are four feet or less in diameter and whose surface is no more than two feet above floor level. Grass Skiing Arising out of grass skiing. Animals Arising out of injury or death to any animal. Object Propelled Arising out of any object propelled, whether intentionally or unintentionally, into a crowd by or at the direction of a"participant"or insured. "Participant" Arising out of the involvement of a participant in any activity, event or exhibition, including, but not limited to, any contest, physical training, sport, event, athletic activity, martial arts or stunt. Page 1 of 2 PI-AS-013(04/04) X Rodeo Arising out of any rodeo activity, including, but not limited to, bronco or bull riding, steer roping, team roping, barrel racing or horseback riding. Concert Arising out of a concert, show, or theatrical event. Performer Arising out of the involvement of any performer during any activity, event or exhibition, including, but not limited to any stunt, concert, show or theatrical event. DEFINITION OF PARTICIPANT For purposes of this endorsement, participant means any person who is participating, practicing, or is otherwise involved in an activity, event or exhibition. Page 2 of 2 PI-EK-007 (12/08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED EXCESS AMUSEMENT DEVICE COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to"bodily injury," property damage,"or"personal and advertising injury," arising out of any"amusement device,"unless the owner, entity,or person operating the"amusement device" provides evidence of applicable Commercial General Liability insurance that covers the "amusement device,"the riders, and the spectators, for an amount no less than$1,000,000. You must be named as an additional insured on the policy providing such coverage. An unintentional error on your part in securing such evidence will not void your coverage in the event of an occurrence involving"amusement devices." However, your failure to maintain an adequate system to regularly secure such evidence of insurance will void your coverage in the event of an occurrence involving "amusement devices." This insurance shall be excess of the applicable insurance of the owner, entity, or person operating the "amusement device." If the owner, entity or person operating the"amusement device" is you, no coverage applies unless the "amusement device" has been specifically endorsed onto the policy. "Amusement device" means any device or equipment a person rides for enjoyment, including but not limited to any mechanical or non-mechanical ride, slide,water slide(including any ski or tow when used in connection with a water slide), rock climbing wall operation or equipment, or bungee operation or equipment. "Amusement device"does not include any video arcade, inflatable play equipment, or computer games. Page 1 of 1 PI-EK-008 (12108) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED EXCESS PERFORMER COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to"bodily injury," property damage,"or"personal and advertising injury" caused by any performer, unless the performer or promoter of the event provides evidence of applicable Commercial General Liability insurance that covers their liability to the performers and spectators of the event,for an amount no less than$1,000,000. You must be named as an additional insured on the policy providing such coverage. An unintentional error on your part in securing such evidence will not void your coverage in the event of an occurrence involving a performer. However, your failure to maintain an adequate system to regularly secure such evidence of insurance will void your coverage in the event of an occurrence involving a performer. This insurance shall be excess of the applicable insurance of the performer, or entity or person promoting/conducting the event. If the promoter/conductor of the event is you,this limitation does not apply. Page 1 of 1 PI-GL-001(8/94) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - LEAD LIABILITY This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to paragraph 2., Exclusions of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY(Section 1 -Coverages)and paragraph 2., Exclusions of COVERAGE B- PERSONAL AND ADVERTISING INJURY LIABILITY (Section 1 -Coverages): This insurance does not apply to: 1. "Bodily injury," "property damage," or"personal and advertising injury" arising out of or caused by the actual or alleged: a. Exposure to or existence of lead, paint containing lead,or any other material or substance containing lead; b. Manufacture, distribution, sale, resale, rebranding, installation, repair, removal, encapsulation, abatement, replacement or handling of lead,paint containing lead,or any other material or substance containing lead; Whether or not the lead is or was at any time airborne as a particulate,contained in a product ingested, inhaled, transmitted in any fashion, or found in any form whatsoever. 2. Any legal obligation of any insured for indemnification or contribution due to damages arising out of"bodily injury,""property damage"or"personal and advertising injury"caused by lead, paint containing lead,or any other substance or material containing lead. 3. Any loss, cost, expense or damages,whether direct or consequential, arising out of any: (a) Request, demand or order that any insured or others test for, monitor, clean up, remove, abate, contain,treat or neutralize lead, paint containing lead,or any other substance or material containing lead, or in any way respond to, or assess the effects of lead; or (b) Claim or suit related to,testing for,monitoring,cleaning up,removing,abating,containing,treating or neutralizing lead, paint containing lead,or any other substance or material containing lead or in any way responding to or assessing the effects of lead. Page 1 of 1 PI-GL-002(8/94) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ASBESTOS LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to paragraph 2., Exclusions of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY(Section 1 -Coverages)and paragraph 2., Exclusions of COVERAGE B- PERSONAL AND ADVERTISING INJURY LIABILITY(Section 1 -Coverages): This insurance does not apply to: "Bodily injury,""property damage,""personal injury" or"advertising injury" arising out of: 1. Inhaling, ingesting or prolonged physical exposure to asbestos or goods or products containing asbestos; 2. The use of asbestos in constructing or manufacturing any good, product or structure; 3. The removal of asbestos from any good,product or structure; or 4. The manufacture, sale, transportation, storage or disposal of asbestos or goods or products containing asbestos. The coverage afforded by this policy does not apply to payment for the investigation or defense of any loss or "suit,"injury or damage or any cost, fine or penalty or for any expense or claim or"suit"related to any of the above. Page 1 of 1 PI-GLD-PS(12/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: PROFESSIONAL SPORTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies,the terms,conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages,consult the policy contract wording. Coverage Applicable Limit of Insurance Page# Damage to Premises Rented to You $1,000,000 2 Expected or Intended Injury— Property Damage Included 2 Pesticide or Herbicide Applicator Coverage Included 2 Non-Owned Watercraft Less than 58 feet 2 Personal Property in Your Care Custody or Control $5000 3 Limited Broadcasting Coverage Included 3 Supplementary Payments—Bail Bonds $5,000 3 Supplementary Payment—Loss of Earnings $1,000 per day 3 Employee Indemnification Defense Coverage $25,000 3 Who Is an Insured Included 4 Additional Insured—Newly Acquired or Formed Organization Additional Insured—Broadened Named Insured Additional Insured—When Required by Contract Additional Insured—Grantor of Franchise Duties in the Event of Occurrence, Claim or Suit Included 4 Unintentional Failure to Disclose Hazards Included 5 Transfer of Rights of Recovery Against Others To Us Clarification 5 Liberalization Included 5 Bodily Injury—includes Mental Anguish Included 5 Employee Redefined Included 5 Personal and Advertising Injury—includes Abuse of Process, Included 5 Discrimination Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ©2012 Philadelphia Consolidated Holding Corp. PI-GLD-PS (12/12) A. Damage to Premises Rented to You If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part: 1. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: a. $1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event,whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof; 2. The word fire is changed to fire, lightning, explosion, smoke, or leakage from automatic fire protective systems where it appears in: a. The last paragraph of SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; b. SECTION III—LIMITS OF INSURANCE, Paragraph 6.; and c. SECTION V—DEFINITIONS, Paragraph 9.a.; and 3. The words fire insurance are changed to insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems where it appears in SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance. B. Expected or Intended Injury— Property Damage SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a.is deleted in its entirety and replaced by the following: a. Expected or Intended Injury "Bodily injury"or property damage"expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury"or"property damage" resulting from the use of reasonable force to protect persons or property. C. Pesticide or Herbicide Applicator Coverage With respect to maintenance of the facilities owned or leased to you, SECTION I—COVERAGES; COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY,2. Exclusions,f. Pollution, Paragraph (1)(d)does not apply if the operations meet all standards of any statute, ordinance, regulation or license requirement of any federal, state or local government which apply to those operations. However, Paragraphs (i), (ii) and (iii) apply regardless. D. Non-Owned Watercraft SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions,g.Aircraft,Auto Or Watercraft, Paragraph (2) is deleted in its entirety and replaced by the following: Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ©2012 Philadelphia Consolidated Holding Corp. PI-GLD-PS (12/12) (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary,excess or contingent. E. Personal Property in Your Care, Custody or Control SECTION I—COVERAGES; COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions,j. Damage To Property, Paragraph (4)does not apply. However,the most we will pay on behalf of the insured, under this extension is$5,000 per "occurrence." This limit is included in, and not in addition to the limits shown in the Declarations. F. Limited Broadcasting Coverage SECTION I—COVERAGES; COVERAGE B.PERSONAL AND ADVERTISING LIABILITY,2. Exclusions,j. Insureds In Media and Internet Type Businesses, Paragraph (1) is deleted in its entirety and replaced with the following: (1) Advertising, broadcasting (not including the broadcasting of team games, pre-game shows, or post-game shows by the team's employed announcers), publishing or telecasting. G. Supplementary Payments SECTION t—COVERAGES,SUPPLEMENTARY PAYMENTS—COVERAGES A AND B, Items 1.b. and 1.d. are amended as follows: 1. b. is deleted in its entirety and replaced by the following: 1. b. Up to$5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies.We do not have to furnish these. 1.d. is deleted in its entirety and replaced by the following: 1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to$1,000 a day because of time off from work. H. Employee Indemnification Defense Coverage Section I—COVERAGES,SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended to include the following: We will pay, on your behalf,defense costs incurred by an"employee" in a criminal proceeding occurring in the course of employment. Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 0 2012 Philadelphia Consolidated Holding Corp. PI-GLD-PS (12/12) The most we will pay for any"employee"who is alleged to be directly involved in a criminal proceeding is$25,000 regardless of the numbers of"employees", claims or"suits" brought or persons or organizations making claims or bringing "suits." I. Who is an Insured SECTION II—WHO IS AN INSURED is amended as follows: 1. Newly Acquired or Formed Organization If coverage for newly acquired or formed organizations is not otherwise excluded from this Coverage Part, Paragraph 3.a. is deleted in its entirety and replaced by the following: a. Coverage under this provision is afforded until the end of the policy period. 2. Each of the following is also an insured: a. Broadened Named Insured—Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. b. Blanket Additional Insureds When Required by Contract—Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for"bodily injury,""property damage"or"personal and advertising injury"but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations. c. Grantor of Franchise—Any person or organization with respect to their liability as the grantor of a franchise to you. J. Duties in the Event of Occurrence,Offense, Claim or Suit 1. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, 2.a.the requirement that you must see to it that we are notified as soon as practicable of an"occurrence"or an offense, applies only when the"occurrence"or offense is known to: a. You, if you are an individual; b. A partner, if you are a partnership; or c. An"executive officer"or insurance manager, if you are a corporation. 2. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, 2. b.the requirement that you must see to it that we receive notice of a claim or"suit"as soon as practicable will not be considered breached unless the breach occurs after such claim or"suit"is known to: a. You, if you are an individual; b. A partner, if you are a partnership; or c. An "executive officer"or insurance manager, if you are a corporation. Page 4 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ©2012 Philadelphia Consolidated Holding Corp. PI-GLD-PS (12/12) K. Unintentional Failure To Disclose Hazards SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 6. Representations is amended to include the following: It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. L. Transfer of Rights of Recovery Against Others To Us SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 8.Transfer of Rights of Recovery against Others to Us is deleted in its entirety and replaced by the following: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request,the insured will bring"suit"or transfer those rights to us and help us enforce them. Therefore, the insured can waive the insurer's rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. M. Liberalization SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: If we revise this endorsement to provide more coverage without additional premium charge,we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. N. Bodily Injury—Mental Anguish SECTION V—DEFINITIONS, Paragraph 3. Is deleted in its entirety and replaced by the following: "Bodily injury": a. Means bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing(Item a.above)at any time. O. Employee Redefined SECTION V—DEFINITIONS Paragraph 5. is deleted in its entirety and replaced by the following. "Employee" includes a"leased worker." "Employee"also includes rostered players, mascots, managers, cheerleaders and coaches. "Employee"does not include a "temporary worker." P. Personal and Advertising Injury—Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ©2012 Philadelphia Consolidated Holding Corp. PI-GLD-PS (12/12) otherwise excluded from this Coverage Part, the definition of"personal and advertising injury" is amended as follows: 1. SECTION V—DEFINITIONS, Paragraph 14. Item b. is deleted in its entirety and replaced by the following: b. Malicious prosecution or abuse of process; 2. SECTION V—DEFINITIONS, Paragraph 14. is amended to include the following: "Personal and advertising injury"also means discrimination based on race, color, religion, sex, age or national origin, except when: a. Done intentionally by or at the direction of, or with the knowledge or consent of: (1) Any insured; or (2) Any executive officer, director, stockholder, partner or member of the insured; b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation,court decision or administrative ruling. The above does not apply to fines or penalties imposed because of discrimination. Page 6 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ©2012 Philadelphia Consolidated Holding Corp. PI-MANU-1 (01/00) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY LIMITED EXCESS MOTORSPORTS,RAP/HIP-HOP,HEAVY METAL, PUNK OR FIGHTING EVENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that this insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of Motor Sports Events or Rap-Hip/Hop, Heavy Metal, Punk concert Events or Fighting Events unless the entity or person promoting/conducting the Events provides evidence of valid commercial general liability insurance coverage in the amount of at least $1,000,000 that covers them for their liability to the participants and spectators of the Events and you are named as an additional insured on the policy providing such coverage. Unintentional error on your part in securing such evidence will not void your coverage in the event of an occurrence involving Motor Sports Events or Rap-Hip/Hop, Heavy Metal, Punk concert Events or Fighting Events. However, your failure to maintain an adequate system to regularly secure such evidence of insurance will void your coverage in the event of an occurrence involving Motor Sports Events or Rap-Hip/Hop, Heavy Metal, Punk concert Events or Fighting Events. It is further understood and agreed that this insurance shall be excess of the insurance of the entity or person promoting/conducting the Events. It is further understood and'agreed that if the promoter/conductor of the Events is you, no coverage applies unless the Events have been specifically endorsed to the policy. All other terms and conditions of this Policy remain unchanged. Page 1 of 1 PI-PS-002(08/06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE DEFINITION AMENDMENT - ROSTERED PLAYERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is hereby understood and agreed that the definition of"employee" under SECTION V—DEFINITIONS is amended as follows: 5. "Employee" is amended to include rostered players. Page 1 of 1 PI-PS-005 (08/06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROFESSIONAL SPORTS -ALL TRAINERS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule General Aggregate Limit $ 2,000,000 Products-Completed Operations Aggregate Limit $ 1,000,000 Personal and Advertising Injury Limit $ 1,000,000 Each Occurrence Limit $ 1,000,000 Damage to Premises Rented to You $ 300,000 Medical Expense Limit $ Excluded (If no entry appears above, information required to complete this endorsement will be shown in the Declarations.) The Limits of Insurance are included in, and are not in addition to the limits shown in the Declarations of the policy. A. SECTION I—COVERAGES,A., 2. Exclusions,e. does not apply to"bodily injury"caused by any individuals in their capacity as"trainers" unless that injury is covered by applicable workers' compensation laws. B. SECTION 11—WHO IS AN INSURED, 2.a. is amended to include as an insured those individuals who are working on your behalf as a "trainer,"while acting within the scope of their duties for you as such. C. SECTION 11—WHO IS AN INSURED, 2.a.(1)(a)does not apply to any individuals while they are acting within the scope of their duties as"trainers." D. SECTION 11—WHO IS AN INSURED, 2.a.(1)(d)does not apply to any individuals while they are acting within the scope of their duties as"trainers." E. If other valid and collectible insurance is available to you, your"trainer,"and/or any other insured, including any formal self-insured retention plan which covers a loss also covered by this endorsement,this insurance shall be in excess of, and shall not contribute with such other insurance. Nothing herein shall be construed to make this endorsement subject to the terms, conditions, and limitations of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS,4. Other Insurance. Paragraphs A., B., C., and D. above apply only if the"trainer" maintains professional liability coverage with limits of not less than$1,000,000 per occurrence or per claim. However, if such limits are not maintained at the time of the loss, paragraphs A., B., C., and D.will still apply: 1. If the certificate of insurance upon which the insured relied is later found to have been fraudulently issued, or 2. If the carrier providing the coverage becomes insolvent. Page 1 of 2 PI-PS-005 (08/06) For the purpose of this endorsement,the following definition applies: "Trainer" is defined as anyone who, under the direction, advice, and consent of a team physician,carries out the practice of injury prevention and/or physical rehabilitation of injuries. Page 2 of 2 COMMERCIAL INLAND MARINE CM 00 0109 04 COMMERCIAL INLAND MARINE CONDITIONS The following conditions apply in addition to the 5. You will not, except at your own cost, voluntar- Common Policy Conditions and applicable Additional ily make a payment, assume any obligation, or Conditions in Commercial Inland Marine Coverage incur any expense without our consent. Forms: 6. As often as may be reasonably required, per- LOSS CONDITIONS mit us to inspect the property proving the loss A. Abandonment or damage and examine your books and re- cords. us.ere can be no abandonment of any property to Also permit us to take samples of damaged and undamaged property for inspection, testing B. Appraisal and analysis, and permit us to make copies If we and you disagree on the value of the prop- from your books and records. erty or the amount of loss, either may make written 7. We may examine any insured under oath, demand for an appraisal of the loss. In this event, while not in the presence of any other insured each party will select a competent and impartial appraiser. The two appraisers will select an um- and at such times as may be reasonably re- quired, about any matter relating to this insur- pire. If they cannot agree, either may request that ance or the claim, including an insured's books selection be made by a judge of a court having ju- and records. In the event of an examination, an risdiction. The appraisers will state separately the insured's answers must be signed. value of the property and amount of loss. If they fail to agree, they will submit their differences to 8. Send us a signed, sworn proof of loss contain- the umpire. A decision agreed to by any two will ing the information we request to settle the be binding. Each party will: claim.You must do this within 60 days after our request. We will supply you with the necessary 1. Pay its chosen appraiser; and forms. 2. Bear the other expenses of the appraisal and 9. Immediately send us copies of any demands, umpire equally. notices, summonses or legal papers received If there is an appraisal, we will still retain our right in connection with the claim or suit. to deny the claim. 10. Cooperate with us in the investigation or set- C. Duties In The Event Of Loss tlement of the claim. You must see that the following are done in the D. Insurance Under Two Or More Coverages event of loss or damage to Covered Property: If two or more of this policy's coverages apply to 1. Notify the police if a law may have been bro- the same loss or damage, we will not pay more ken. than the actual amount of the loss or damage. 2. Give us prompt notice of the loss or damage. E. Loss Payment Include a description of the property involved. 1. We will give notice of our intentions within 30 3. As soon as possible, give us a description of days after we receive the sworn proof of loss. how, when and where the loss or damage oc- 2. We will not pay you more than your financial curred. interest in the Covered Property. 4. Take all reasonable steps to protect the Cov- 3. We may adjust losses with the owners of lost ered Property from further damage, and keep a or damaged property if other than you. If we record of your expenses necessary to protect pay the owners, such payments will satisfy the Covered Property, for consideration in the your claim against us for the owners' property. settlement of the claim. This will not increase We will not pay the owners more than their Ti- the Limit of Insurance. However, we will not nancial interest in the Covered Property. pay for any subsequent loss or damage result- ing from a cause of loss that is not a Covered 4. We may elect to defend you against suits aris- Cause of Loss. Also, if feasible, set the dam- ing from claims of owners of property. We will aged property aside and in the best possible do this at our expense. order for examination. CM 00 01 09 04 ©ISO Properties, Inc., 2003 Page 1 of 3 ❑ 5. We will pay for covered loss or damage within I. Reinstatement Of Limit After Loss 30 days after we receive the sworn proof of The Limit of Insurance will not be reduced by the loss if you have complied with all the terms of payment of any claim, except for total loss or dam- this Coverage Part and: age of a scheduled item, in which event we will re- a. We have reached agreement with you on fund the unearned premium on that item. the amount of the loss; or J. Transfer Of Rights Of Recovery Against Others b. An appraisal award has been made. To Us 6. We will not be liable for any part of a loss that If any person or organization to or for whom we has been paid or made good by others. make payment under this Coverage Part has F. Other Insurance rights to recover damages from another, those rights are transferred to us to the extent of our 1. You may have other insurance subject to the payment. That person or organization must do same plan, terms, conditions and provisions as everything necessary to secure our rights and the insurance under this Coverage Part. If you must do nothing after loss to impair them. But you do, we will pay our share of the covered loss or may waive your rights against another party in damage. Our share is the proportion that the writing: applicable Limit of Insurance under this Cover- age Part bears to the Limits of Insurance of all 1. Prior to a loss to your Covered Property. insurance covering on the same basis. 2. After a loss to your Covered Property only if, at 2. If there is other insurance covering the same time of loss, that party is one of the following: loss or damage, other than that described in 1. a. Someone insured by this insurance; or above, we will pay only for the amount of cov- b. A business firm: ered loss or damage in excess of the amount due from that other insurance,whether you can (1) Owned or controlled by you; or collect on it or not. But we will not pay more (2) That owns or controls you. than the applicable Limit of Insurance. This will not restrict your insurance. G. Pair,Sets Or Parts GENERAL CONDITIONS 1. Pair Or Set A. Concealment,Misrepresentation Or Fraud In case of loss or damage to any part of a pair This Coverage Part is void in any case of fraud, in- or set we may: tentional concealment or misrepresentation of a a. Repair or replace any part to restore the material fact, by you or any other insured, at any pair or set to its value before the loss or time,concerning: damage;or 1. This Coverage Part; b. Pay the difference between the value of the pair or set before and after the loss or dam- 2. The Covered Property; age. 3. Your interest in the Covered Property; or 2. Pam 4. A claim under this Coverage Part. In case of loss or damage to any part of Cov- B. Control Of Property ered Property consisting of several parts when Any act or neglect of any person other than you complete, we will only pay for the value of the beyond your direction or control will not affect this lost or damaged part. insurance. H. Recovered Property The breach of any condition of this Coverage Part If either you or we recover any property after loss at any one or more locations will not affect cover- settlement, that party must give the other prompt age at any location where, at the time of loss or notice.At your option, the property will be returned damage,the breach of condition does not exist. to you. You must then return to us the amount we C. Legal Action Against Us paid to you for the property. We will pay recovery No one may bring a legal action against us under expenses and the expenses to repair the recov- this Coverage Part unless: ered property, subject to the Limit of Insurance. 1. There has been full compliance with all the terms of this Coverage Part; and 2. The action is brought within 2 years after you first have knowledge of the direct loss or dam- age. Page 2 of 3 0 ISO Properties, Inc., 2003 CM 00 01 09 04 ❑ D. No Benefit To Bailee 2. The cost of reasonably restoring that property No person or organization, other than you, having to its condition immediately before loss or custody of Covered Property will benefit from this damage; or insurance. 3. The cost of replacing that property with sub- E. Policy Period,Coverage Territory stantially identical property. We cover loss or damage commencing: In the event of loss or damage, the value of prop- erty will be determined as of the time of loss or 1. During the policy period shown in the Declara- damage. tions; and 2. Within the coverage territory. F. Valuation The value of property will be the least of the fol- lowing amounts: 1. The actual cash value of that property; CM 00 01 09 04 O ISO Properties, Inc., 2003 Page 3 of 3 0 COMMERCIAL INLAND MARINE CM 0107 03 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES This endorsement modifies insurance provided under the following: COMMERCIAL INLAND MARINE COVERAGE PART A. The Conditions of this Coverage Part that are in D. In each of the Commercial Inland Marine Cover- conflict with the statutes of the State of Washing- age Forms, in the section titled Exclusions, any ton are amended to conform to such statutes. introductory paragraph preceding an exclusion or B. Loss Condition B. Appraisal in the Commercial list of exclusions is replaced by the following para- Inland Marine Conditions is replaced by the follow- graph, which pertains to application of those ex- ing: clusions: B. Appraisal We will not pay for loss or damage caused by any of the excluded events described below. Loss or If we and you disagree on the value of the damage will be considered to have been caused property or the amount of loss, either may by an excluded event if the occurrence of that make written demand for an appraisal of the event: loss. In this event, each party will select a competent and impartial appraiser. The two 1. Directly and solely results in loss or damage; or appraisers will select an umpire. If they cannot 2. Initiates a sequence of events that results in agree, either may request that selection be loss or damage, regardless of the nature of any made by a judge of a court having jurisdiction. intermediate or final event in that sequence. The appraisers will state separately the value E. With respect to the: of the property and amount of loss. If they fail to agree, they will submit their difference to the a Camera And Musical Instrument Dealers Cov- umpire.A decision agreed to by any two will be erage Form binding. Each party will: © Equipment Dealers Coverage Form 1. Pay its chosen appraiser; and o Floor Plan Coverage Form 2. Bear the other expenses of the appraisal 0 Jewelers Block Coverage Form and umpire equally. the following replaces the Water Exclusion in the C. General Condition C. Legal Action Against Us in Coverage Form: the Commercial Inland Marine Conditions is re- (1) Flood, surface water, waves (including placed by the following: tidal wave and tsunami), tides, tidal wa- C. Legal Action Against Us ter, overflow of any body of water, or No one may bring a legal action against us un- spray from any of these, all whether or der this Coverage Part unless: not driven by wind (including storm 1. There has been full compliance with all the surge); or terms of this Coverage Part;and (2) Waterborne material carried or other- 2. The action is brought within two years after wise moved by any of the water referred you first have knowledge of the direct loss to in Paragraph (1). or damage. This exclusion applies if any of the above, If this action is brought pursuant to Sec. 3 of in Paragraphs(1)and (2): RCW 48.30 then 20 days prior to filing such an (a) Occurs independently; action, you are required to provide written no- (b) Is caused by an act of nature; tice of the basis for the cause of action to us (c) Is caused by an act or omission of hu- and the Office of the Insurance Commissioner. mans or animals; or Such notice may be sent by regular mail, regis- tered mail, or certified mail with return receipt (d) Is attributable to the failure, in whole or requested. in part, of a dam, levee, seawall or other boundary or containment system. CM 01 07 03 09 ©Insurance Services Office, Inc., 2008 Page 1 of 2 0 But if any of the above, in Paragraphs (1) But if loss or damage by fire, explosion or theft and (2), results in fire, explosion or theft, we results, we will pay for the loss or damage will pay for the loss or damage caused by caused by that fire, explosion or theft if these that fire, explosion or theft if these causes causes of loss would be covered under this of loss would be covered under this Cover- Coverage Form. age Form. This exclusion only applies to property at your This exclusion only applies to property at premises. your premises. H. Except as provided in Paragraph I., the following F. The Weather Conditions Exclusion is deleted sentence is added to each exclusion in: from the following: 1. Paragraph 6.3. of all Commercial Inland Ma- ® Commercial Articles Coverage Form rine Coverage Forms except the Mail Cover- ® Physicians And Surgeons Equipment Cover- age Form and the Accounts Receivable Cov- age Form erage Form; and ® Signs Coverage Form 2. Paragraph B.4. of the Accounts Receivable ® Theatrical Property Coverage Form Coverage Form: But if loss or damage by a Covered Cause of Loss o Film Coverage Form results, we will pay for the loss or damage caused o Accounts Receivable Coverage Form by that Covered Cause of Loss. ® Valuable Papers And Records Coverage Form I. In the Commercial Articles, Camera And Musical G. With respect to the: Instrument Dealers, Equipment Dealers, Physi- cians And Surgeons Equipment, Signs, Theatrical © Camera And Musical Instrument Dealers Cov- Property, Floor Plan, Jewelers Block and Valuable erage Form Papers And Records Coverage Forms, Exclusion o Equipment Dealers Coverage Form B.3.e.is replaced by the following:. o Floor Plan Coverage Form e. Wear and tear, any quality in the property that e Jewelers Block Coverage Form causes it to damage or destroy itself, hidden or latent defect, gradual deterioration, deprecia- the Weather Conditions Exclusion is replaced by tion; mechanical breakdown; insects, vermin, the following exclusion: rodents; corrosion, rust, dampness, cold or a. Weather Conditions heat. But if loss or damage by a cause of loss A weather condition which results in Water, as not otherwise excluded or by collapse, as pro- vided in the Additional Coverage Collapse, re- sults, we will pay for the loss or damage caused by that Covered Cause of Loss. Page 2 of 2 ©Insurance Services Office, Inc., 2008 CM 01 07 03 09 0 PI-CIM-032(5-03) MISCELLANEOUS COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties, and what is and is not covered. Throughout this policy the words"you"and "your" refer to the Named Insured shown in the Declarations. The words"we", "us" and 'bur" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to the Definitions section in this Coverage Form. COVERAGE FORM DECLARATIONS LIMITS OF INSURANCE SCHEDULED PROPERTY Description of Property SEE SCHEDULE ATTACHED UNSCHEDULED PROPERTY (Any single item of property with a value of$ 5,000 or more must be separately scheduled) Total Unscheduled Property In Any One Occurrence $ 100,000 TOTAL ALL COVERED PROPERTY IN ANY ONE OCCURRENCE $ 100,000 Deductible: $ 1,000 A. Coverage We will pay for"loss"to Covered Property from any of the Covered Causes of Loss. 1. Covered Property Covered Property means: a. Property separately described in Schedule above for which a Limit of Insurance is shown; and b. Unscheduled property,with no one item having a value of$ 5,000 or more, when an Unscheduled Property Limit of Insurance is shown in the schedule above. Covered property includes: (1) Your Property; and (2) Property of others that is in your care, custody, or control. Page 1 of 5 PI-CIM-032(5-03) 2. Property Not Covered Covered Property does not include: a. Accounts, bills, deeds, notes, securities, evidences of debt, letters of credit,tickets, passports, documents, manuscripts, mechanical drawings, valuable papers of any kind, recorded electronic data, and media; b. Money, currency, bullion, gold, silver and other precious metals, diamonds, precious or semi- precious stones,jewelry,furs, or fine arts; c. Property held for sale; d. Contraband or property in the course of illegal transportation or trade;or e. Land or water. 3. Covered Causes of Loss Covered Causes of Loss means Risks of Direct Physical"Loss"to Covered Property except those causes of"loss" listed in the Exclusions. 4. Coverage Extensions a. Debris Removal (1) We will pay your expense to remove debris of Covered Property caused by or resulting from a Covered Cause of Loss that occurs during the policy period. The expenses will be paid only if they are reported to us within 180 days of the date of direct physical "loss"or damage. (2) We will pay up to$5,000 for debris removal expense in any one occurrence when the sum of the direct"loss"and debris removal expense exceeds the applicable Limit of Insurance shown in this Coverage Form Declarations. (3) This coverage extension for debris removal does not apply to costs to.- (a) Extract "pollutants"from land or water;or (b) Remove, restore,or replace polluted land or water. b. Pollutant Clean-Up and Removal (1) We will pay your expenses to extract"pollutants"from land or water if the release, discharge,or dispersal of the "pollutants" is caused by or results from a Covered Cause of Loss that occurs during the policy period. The expenses will be paid only if they are reported to us within 180 days of the date of direct physical"loss" or damage. (2) The most we will pay for pollutant clean-up and removal is$10,000 for the sum of all such expenses arising out of Covered Causes of Loss occurring during each separate 12-month period of this policy. c. Additional Acquired Property If during the policy period you acquire additional property of a type already covered by this form, we will cover such property for up to 30 days. The most we will pay in a loss is the lesser of: (1) 25%of the total Limit of Insurance shown in the Schedule for that type of property; or Page 2 of 5 PI-CIM-032 (5-03) (2) $10,000. You will report such property within 30 days from the date acquired and will pay any additional premium due. If you do not report such property, coverage will cease automatically 30 days after the property is acquired. B. Exclusions 1. We will not pay for a"loss" caused directly or indirectly by any of the following. Such 'loss" is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the'loss". a. Governmental Action Seizure or destruction of property by order of governmental authority. But we will pay for damage or destruction of Covered Property ordered by governmental authority. (1) Taken at the time of a fire to prevent its spread if the fire would be covered under this Coverage Form; or (2) That is a direct result of a Covered Cause of Loss. b. Nuclear Hazard (1) Any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioactive contamination from any other cause. But we will pay for direct'loss"caused by resulting fire if the fire would be covered under this Coverage Form. c. War and Military Action (1) War, including undeclared or civil war, (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign, or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. 2. We will not pay for a"loss"caused by or resulting from any of the following: a. Delay, loss of use, loss or market, or any other consequential loss- b. Dishonest acts by: (1) You, your employees or authorized representatives; (2) Anyone else with an interest in the property, or their employees, or authorized representatives; or (3) Anyone else to whom the property is entrusted. This exclusion applies whether or not such persons are acting alone or in collusion with other persons or such acts occur during the hours of employment. Page 3 of 5 PI-CIM-032 (5-03) But this exclusion does not apply to Covered Property that is entrusted to others who are carriers for hire. c. Unexplained disappearance. d. Shortage found upon taking inventory. e. Processing or work upon the covered Property. But we will pay for direct'loss"caused by resulting fire or explosion. f. Artificially generated current creating a short circuit or other electrical disturbance within the Covered Property. But we will pay for direct"loss"caused by resulting fire or explosion. g. Faulty materials, improper workmanship, errors in design or specifications. h. Theft from any unattended vehicle owned, leased,or operated by you unless at the time of theft its windows, doors, and compartments were closed and locked and there are visible signs that the theft was the result of forced entry. I. Wear, tear,gradual deterioration, depreciation, any quality in the property that causes it to damage or destroy itself; hidden or latent defect; mechanical breakdown;corrosion or rust. j. Dryness or dampness of atmosphere, extremes or changes of temperature including freezing; insects, vermin, rodents, or worms C. Limits of Insurance The most we will pay for`loss" in any one occurrence: 1. For Covered Property is the applicable Limit of Insurance shown in this Coverage Form Declaration. 2. For Coverage Extensions is the Limit of Insurance applicable to a Coverage Extension. D. Deductible We will not pay for"loss" in any one occurrence until the amount of the adjusted"loss"exceeds the deductible shown in this Coverage Form Declarations. We will then pay the amount of the adjusted "loss" in excess of the Deductible, up to the applicable Limit of Insurance. E. Additional Conditions The following conditions apply in addition to the Commercial Inland Marine Conditions and Common Policy Conditions: 1. Coverage Territory We cover Covered Property wherever located within the 50 States of the United States of America, District of Columbia, and Canada. 2. Coinsurance a. All Scheduled Covered Property must be insured for 100% of its total value as of the time of "loss" or you will incur a penalty. The penalty is that we will pay only the proportion of any"loss"that the total of the Limits of Page 4 of 5 PI-CIM-032(5-03) Insurance shown in this Coverage Form Declarations for all Scheduled Covered Property bears to the total value of all Scheduled Covered Property as of the time of'loss". If the Scheduled Covered Property consists of two or more items, this penalty will apply to each item separately. b. All Unscheduled Covered Property must be insured for 80%of its total value as of the time of "loss"or you will incur a penalty. The penalty is that we will pay only the proportion of any"loss"that the Total Unscheduled Property in Any One Occurrence Limit of Insurance shown in this Coverage Form Declarations bears to the total value of all Unscheduled Covered Property as of the time of "loss 3. Impairment of Recovery Rights If by any act or agreement after a 'loss"you impair our right to recover from others liable for the "loss", we will not pay you for that'loss". 4. Labels In the event of'loss"to identifying labels or wrappers,we will pay only the cost of new labels or wrappers. F. Definitions 1. "Loss" means accidental loss or damage. 2. "Pollutants"means any Covered Property that becomes a solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals,and waste. Waste includes materials to be recycled, reconditioned or reclaimed. Page 5of5 Pl-MANU-2(01/00) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY MOLD EXCLUSION This endorsement modifies insurance provided under the following: MISCELLANEOUS COVERAGE FORM It is hereby understood and agreed that Form PI-CIM-032 (05/03) MISCELLANEOUS COVERAGE FORM, B. Exclusions, 2. is amended to include the following: k. we will not pay for loss or damage caused directly or indirectly by mold or other fungi, wet or dry rot, dryness or dampness of atmosphere and extremes or changes of temperature, regardless of any other cause or event that contributes concurrently or in any sequence to the loss or damage. All other terms and conditions of this Policy remain unchanged. Page 1 of 1 COMMERCIAL AUTO CA 00 01 03 10 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. SECTION I—COVERED AUTOS Read the entire policy carefully to determine rights, Item Two of the Declarations shows the "autos" that duties and what is and is not covered. are covered "autos" for each of your coverages. The Throughout this policy the words "you" and "your" re- following numerical symbols describe the "autos" that fer to the Named Insured shown in the Declarations. may be covered "autos". The symbols entered next to The words "we", "us" and "our" refer to the company a coverage on the Declarations designate the only providing this insurance. "autos"that are covered"autos". Other words and phrases that appear in quotation A. Description Of Covered Auto Designation marks have special meaning_ Refer to Section V — Symbols Definitions. Symbol Description Of Covered Auto Designation Symbols 1 An "Auto" 2 Owned "Autos" Only those"autos"you own(and for Liability Coverage any"trailers"you don't own Only while attached to power units you own). This includes those"autos"you acquire ownership of after the policy begins. 3 Owned Private .Only the private passenger"autos"you own.This includes those private Passenger passenger"autos"you acquire ownership of after the policy begins. "Autos"Only 4 Owned Only those"autos"you own that are not of the private passenger type(and for "Autos"Other Liability Coverage any"trailers"you don't own while attached to power units you Than Private own). This includes those"autos" not of the private passenger type you acquire Passenger ownership of after the policy begins. "Autos"Only 5 Owned "Autos" Only those"autos"you own that are required to have no-fault benefits in the state Subject To where they are licensed or principally garaged. This includes those"autos"you No-fault acquire ownership of after the policy begins provided they are required to have no- fault benefits in the state where they are licensed or principally garaged. 6 Owned"Autos" Only those"autos"you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage. This includes those"autos"you acquire ownership of after the Uninsured policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement. 7 Specifically Only those"autos"described in Item Three of the Declarations for which a Described premium charge is shown (and for Liability Coverage any"trailers"you don't own "Autos" while attached to any power unit described in Item Three). 8 Hired"Autos" Only those"autos"you lease, hire, rent or borrow.This does not include any"auto" Only you lease, hire, rent or borrow from any of your"employees", partners(if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Non-owned Only those"autos"you do not own, lease, hire, rent or borrow that are used in "Autos" Only connection with your business. This includes"autos"owned by your"employees", partners (if you are a partnership), members(if you are a limited liability company) or members of their households but only while used in your business or your personal affairs. CA 00 01103 10 ©Insurance Services Office, Inc., 2009 Page 1 of 12 t7 19 Mobile Equip- Only those"autos"that are land vehicles and that would qualify under the definition ment Subject To of"mobile equipment" under this policy if they were not subject to a compulsory or Compulsory Or financial responsibility law or other motor vehicle insurance law where they are Financial licensed or principally garaged. Responsibility Or Other Motor Vehicle Insur- ance Law Only B. Owned Autos You Acquire After The Policy SECTION 11—LIABILITY COVERAGE Begins A. Coverage 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered We will pay all sums an "insured" legally must pay next to a coverage in Item Two of the Declara- as damages because of"bodily injury" or"property tions, then you have coverage for "autos" that damage" to which this insurance applies, caused you acquire of the type described for the re- by an "accident" and resulting from the ownership, mainder of the policy period. maintenance or use of a covered"auto". 2. But, if Symbol 7 is entered next to a coverage We will also pay all sums an "insured" legally must in Item Two of the Declarations, an "auto" you pay as a covered pollution cost or expense" to „ acquire will be a covered auto for that cover- which this insurance applies, caused by an "acci- age only if: dent" and resulting from the ownership, mainte- a. We already cover all "autos" that you own nance or use of covered "autos". However, we will for that coverage or it replaces an "auto" only pay for the "covered pollution cost or ex- you previously owned that had that cover- pense" if there is either"bodily injury'or"property age; and damage" to which this insurance applies that is b. You tell us within 30 days after you acquire caused by the same"accident". it that you want us to cover it for that cover- We have the right and duty to defend any "in- age. sured" against a"suit"asking for such damages or C. Certain Trailers, Mobile Equipment And a "covered pollution cost or expense". However, Temporary Substitute Autos we have no duty to defend any"insured" against a "suit"seeking damages for"bodily injury"or"prop- If Liability Coverage is provided by this coverage erty damage" or a "covered pollution cost or ex- form, the following types of vehicles are also cov- pense"to which this insurance does not apply. We ered"autos"for Liability Coverage: may investigate and settle any claim or "suit" as 1. "Trailers"with a load capacity of 2,000 pounds we consider appropriate. Our duty to defend or or less designed primarily for travel on public settle ends when the Liability Coverage Limit of roads. Insurance has been exhausted by payment of 2. "Mobile equipment" while being carried or judgments or settlements. towed by a covered"auto". 1. Who Is An Insured 3. Any "auto"you do not own while used with the The following are"insureds": permission of its owner as a temporary substi- a. You for any covered"auto". tute for a covered "auto" you own that is out of service because of its: b. Anyone else while using with your permis- sion a covered "auto" you own, hire or bor- a. Breakdown; row except: b. Repair; (1) The owner or anyone else from whom c. Servicing; you hire or borrow a covered"auto". d. "Loss'; or This exception does not apply if the covered "auto" is a "trailer" connected to a e. Destruction. covered"auto"you own. Page 2 of 12 0 Insurance Services Office, Inc., 2009 CA 00 01 03 10 ❑ (2) Your"employee" if the covered "auto" is These payments will not reduce the Limit of owned by that "employee" or a member Insurance. of his or her household. b. Out-of-state Coverage Extensions (3) Someone using a covered "auto" while While a covered "auto" is away from the he or she is working in a business of state where it is licensed we will: selling, servicing, repairing, parking or storing "autos" unless that business is (1) Increase the Limit of Insurance for Li- yours. ability Coverage to meet the limits speci- (4) Anyone other than your "employees", fied by a compulsory or financial re- partners (if you are a partnership), sponsibility law of the jurisdiction where the covered "auto" is being used. This members (if you are a limited liability company) or a lessee or borrower or extension does not apply to the limit or any of their "employees", while moving limits specked by any law governing property to or from a covered"auto". motor carriers of passengers or prop- erty. (5) A partner (if you are a partnership) or a (2) Provide the minimum amounts and member (if you are a limited liability types of other coverages, such as no- company)for a covered"auto"owned by fault, required of out-of-state vehicles by him or her or a member of his or her the jurisdiction where the covered "auto" household. is being used. c. Anyone liable for the conduct of an "in- We will not pay anyone more than once for sured" described above but only to the ex- the same elements of loss because of tent of that liability. these extensions. 2. Coverage Extensions B. Exclusions a. Supplementary Payments This insurance does not apply to any of the follow- We will pay for the"insured": ing: (1) All expenses we incur. 1. Expected Or Intended Injury (2) Up to $2,000 for cost of bail bonds (in- "Bodily injury" or "property damage" expected cluding bonds for related traffic law vio- or intended from the standpoint of the "in- lations) required because of an "acci- sured". dent" we cover. We do not have to fur- 2. Contractual nish these bonds. (3) The cost of bonds to release attach- Liability assumed under any contract oragreement. ments in any"suit" against the "insured" we defend, but only for bond amounts But this exclusion does not apply to liability for within our Limit of Insurance. damages: (4) All reasonable expenses incurred by the a. Assumed in a contract or agreement that is "insured"at our request, including actual an "insured contract" provided the "bodily loss of earnings up to $250 a day be- injury" or "property damage" occurs subse- cause of time off from work. quent to the execution of the contract or (5) All court costs taxed against the "in- agreement; or sured" in any"suit"against the"insured" b. That the "insured" would have in the ab- we defend. However, these payments sence of the contract or agreement. do not include attorneys' fees or attor- 3. Workers'Compensation neys' expenses taxed against the "in- Any obligation for which the "insured" or the sured". "insured's" insurer may be held liable under (6) All interest on the full amount of any any workers' compensation, disability benefits judgment that accrues after entry of the or unemployment compensation law or any judgment in any "suit" against the "in- similar law. sured"we defend, but our duty to pay in- terest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. CA 00 01 03 10 ©Insurance Services Office, Inc., 2009 Page 3 of 12 ❑ 4. Employee Indemnification And Employer's b. After it is moved from the covered "auto"to Liability the place where it is finally delivered by the "Bodily injury" to: "insured". a. An "employee" of the "insured" arising out 8• Movement Of Property By Mechanical of and in the course of: Device (1) Employment by the"insured'; or "Bodily injury" or "property damage" resulting from the movement of property by a mechani- (2) Performing the duties related to the cal device (other than a hand truck) unless the conduct of the"insured's"business; or device is attached to the covered"auto". b. The spouse, child, parent, brother or sister 9. Operations of that"employee"as a consequence of Pa- ragraph a. above. "Bodily injury" or "property damage" arising out of the operation of: This exclusion applies: a. Any equipment listed in Paragraphs 6.b. (1) Whether the "insured" may be liable as and 6.c. of the definition of "mobile equip- an employer or in any other capacity; ment"; or and b. Machinery or equipment that is on, attached (2) To any obligation to share damages with to or part of a land vehicle that would qual- or repay someone else who must pay ify under the definition of "mobile equip- damages because of the injury. ment" if it were not subject to a compulsory But this exclusion does not apply to "bodily in- or financial responsibility law or other motor jury" to domestic "employees" not entitled to vehicle insurance law where it is licensed or workers' compensation benefits or to liability principally garaged. assumed by the "insured" under an "insured 10. Completed Operations contract". For the purposes of the coverage form, a domestic "employee" is a person en- "Bodily injury" or"property damage"arising out gaged in household or domestic work per- of your work after that work has been com- formed principally in connection with a resi- pleted or abandoned. dence premises. In this exclusion, your work means: S. Fellow Employee a. Work or operations performed by you or on "Bodily injury"to: your behalf; and a. Any fellow "employee" of the "insured" aris- b. Materials, parts or equipment furnished in ing out of and in the course of the fellow connection with such work or operations. "employee's"employment or while perform- Your work includes warranties or representa- ing duties related to the conduct of your tions made at any time with respect to the fit- business;or ness, quality, durability or performance of any b. The spouse, child, parent, brother or sister of the items included in Paragraph a. or b. of that fellow"employee"as a consequence above. of Paragraph a. above. Your work will be deemed completed at the 6. Care, Custody Or Control earliest of the following times: "Property damage"to or"covered pollution cost (1) When all of the work called for in your or expense" involving property owned or trans- contract has been completed. ported by the "insured" or in the "insured's" (2) When all of the work to be done at the care, custody or control. But this exclusion site has been completed if your contract does not apply to liability assumed under a si- calls for work at more than one site. detrack agreement. (3) When that part of the work done at a job 7. Handling Of Property site has been put to its intended use by "Bodily injury' or "property damage" resulting any person or organization other than from the handling of property: another contractor or subcontractor a. Before it is moved from the place where it is working on the same project. accepted by the "insured" for movement in- to or onto the covered"auto'; or Page 4 of 12 © Insurance Services Office, Inc., 2009 CA 00 01 03 10 ❑ Work that may need service, maintenance, cor- Paragraphs b. and c. above of this exclusion rection, repair or replacement, but which is do not apply to "accidents" that occur away otherwise complete, will be treated as com- from premises owned by or rented to an "in- pleted. sured" with respect to "pollutants" not in or 11. Pollution upon a covered"auto"if: "Bodily injury"or"property damage" arising out (a) The"pollutants"or any property in which of the actual, alleged or threatened discharge, the "pollutants" are contained are upset, dispersal, seepage, migration, release or es- overturned or damaged as a result of cape of"pollutants": the maintenance or use of a covered a. That are, or that are contained in any prop- "auto"; and erty that is: (b) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- (1) Being transported or towed by, handled ants" is caused directly by such upset, or handled for movement into, onto or overturn or damage. from the covered "auto"; 12. War (2) Otherwise in the course of transit by or on behalf of the"insured'; or "Bodily injury" or "property damage" arising di- (3) Being stored, disposed of, treated or rectly or indirectly out of: processed in or upon the covered "au- a. War, including undeclared or civil war; to"; b. Warlike action by a military force, including b. Before the "pollutants" or any property in action in hindering or defending against an which the "pollutants" are contained are actual or expected attack, by any govern- moved from the place where they are ac- ment, sovereign or other authority using cepted by the "insured" for movement into military personnel or other agents; or or onto the covered "auto'; or c. Insurrection, rebellion, revolution, usurped c. After the "pollutants" or any property in power or action taken by governmental au- which the "pollutants" are contained are thority in hindering or defending against any moved from the covered "auto" to the place of these. where they are finally delivered, disposed of 13. Racing or abandoned by the"insured". Covered "autos"while used in any professional Paragraph a. above does not apply to fuels, lu- or organized racing or demolition contest or bricants, fluids, exhaust gases or other similar stunting activity, or while practicing for such "pollutants" that are needed for or result from contest or activity. This insurance also does the normal electrical, hydraulic or mechanical not apply while that covered "auto" is being functioning of the covered "auto"or its parts, if: prepared for such a contest or activity. (1) The "pollutants" escape, seep, migrate C. Limit Of Insurance or are discharged, dispersed or released Regardless of the number of covered "autos", "in- directly from an auto" part designed by sureds", premiums paid, claims made or vehicles its manufacturer to hold, store, receive "accident",involved in thethe most we will pay for or dispose of such"pollutants"; and the total of all damages and "covered pollution (2) The"bodily injury", "property damage"or cost or expense" combined resulting from any one "covered pollution cost or expense" "accident" is the Limit of Insurance for Liability does not arise out of the operation of Coverage shown in the Declarations. any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment". CA 00 0103 10 ©Insurance Services Office, Inc., 2009 Page 5 of 12 CI All"bodily injury", "property damage"and"covered c. "Loss"caused by falling objects or missiles. pollution cost or expense" resulting from continu- However, you have the option of having glass ous or repeated exposure to substantially the breakage caused by a covered "auto's" colli- same conditions will be considered as resulting sion or overturn considered a "loss" under Col- from one"accident". lision Coverage. No one will be entitled to receive duplicate pay- 4. Coverage Extensions ments for the same elements of "loss" under this coverage form and any Medical Payments Cover- a. Transportation Expenses age endorsement, Uninsured Motorists Coverage We will pay up to $20 per day to a maxi- endorsement or Underinsured Motorists Coverage mum of $600 for temporary transportation endorsement attached to this Coverage Part. expense incurred by you because of the to- SECTION III—PHYSICAL DAMAGE COVERAGE tal theft of a covered "auto" of the private passenger type. We will pay only for those A. Coverage covered "autos" for which you carry either 1. We will pay for"loss"to a covered "auto" or its Comprehensive or Specified Causes Of equipment under. Loss Coverage. We will pay for temporary a. Comprehensive Coverage transportation expenses incurred during the period beginning 48 hours after the theft From any cause except: and ending, regardless of the policy's expi- (1) The covered "auto's" collision with an- ration, when the covered "auto" is returned other object; or to use or we pay for its"loss". (2) The covered"auto's"overturn. b. Loss Of Use Expenses b. Specified Causes Of Loss Coverage For Hired Auto Physical Damage, we will Caused by: pay expenses for which an "insured" be- comes legally responsible to pay for loss of (1) Fire, lightning or explosion; use of a vehicle rented or hired without a (2) Theft; driver under a written rental contract or (3) Windstorm, hail or earthquake; agreement. We will pay for loss of use ex- penses if caused by: (4) Flood; (1) Other than collision only if the Declara- (5) Mischief or vandalism; or tions indicate that Comprehensive Cov- (6) The sinking, burning, collision or derail- erage is provided for any covered "au- ment of any conveyance transporting to'; the covered "auto". (2) Specified Causes Of Loss only if the c. Collision Coverage Declarations indicate that Specified Caused by: Causes Of Loss Coverage is provided for any covered"auto'; or (1) The covered "auto's" collision with an- (3) Collision only if the Declarations indicate other object; or that Collision Coverage is provided for (2) The covered"auto's"overturn. any covered"auto". 2. Towing However, the most we will pay for any ex- We will pay up to the limit shown in the Decla- penses for loss of use is $20 per day, to a rations for towing and labor costs incurred maximum of$600. each time a covered "auto" of the private pas- B. Exclusions senger type is disabled. However, the labor 1. We will not pay for"loss"caused by or resulting must be performed at the place of disablement. from any of the following. Such "loss" is ex- 3. Glass Breakage—Hitting A Bird Or Animal— cluded regardless of any other cause or event Falling Objects Or Missiles that contributes concurrently or in any se- lf you carry Comprehensive Coverage for the quence to the"loss". damaged covered "auto", we will pay for the a. Nuclear Hazard following under Comprehensive Coverage: (1) The explosion of any weapon employing a. Glass breakage; atomic fission or fusion; or b. "Loss" caused by hitting a bird or animal; (2) Nuclear reaction or radiation, or radioac- and tive contamination, however caused_ Page 6 of 12 ©Insurance Services Office, Inc., 2009 CA 00 01 03 10 ❑ b. War Or Military Action b. Removable from a housing unit which is (1) War, including undeclared or civil war; permanently installed in or upon the cov- (2) Warlike action by a military force, includ- ered"auto"; ing action in hindering or defending c. An integral part of the same unit housing against an actual or expected attack, by any electronic equipment described in Pa- any government, sovereign or other au- ragraphs a. and b.above; or thority using military personnel or other d. Necessary for the normal operation of the agents; or covered "auto" or the monitoring of the (3) Insurrection, rebellion, revolution, covered "auto's"operating system, usurped power or action taken by gov- 6. We will not pay for "loss" to a covered "auto" ernmental authority in hindering or de- due to"diminution in value". fending against any of these. C. Limit Of Insurance 2. We will not pay for"loss"to any covered "auto" 1. The most we will pay for "loss" in any one "ac- while used in any professional or organized cident" is the lesser of: racing or demolition contest or stunting activity, or while practicing for such contest or activity. a. The actual cash value of the damaged or We will also not pay for "loss" to any covered stolen property as of the time of the "loss' "auto" while that covered "auto" is being pre- or pared for such a contest or activity. b. The cost of repairing or replacing the dam- 3. We will not pay for"loss"due and confined to: aged or stolen property with other property a. Wear and tear, freezing, mechanical or of like kind and quality. electrical breakdown. 2. $1,000 is the most we will pay for"loss" in any b. Blowouts, punctures or other road damage one "accident" to all electronic equipment that reproduces, receives or transmits audio, visual to tires. or data signals which, at the time of"loss", is: This exclusion does not apply to such "loss" a. Permanently installed in or upon the cov- resulting from the total theft of a covered "au- ered "auto" in a housing, opening or other to". location that is not normally used by the 4. We will not pay for "loss" to any of the follow- "auto" manufacturer for the installation of ing: such equipment; a. Tapes, records, discs or other similar audio, b. Removable from a permanently installed visual or data electronic devices designed housing unit as described in Paragraph 2.a. for use with audio, visual or data electronic above or is an integral part of that equip- equipment. ment; or b. Any device designed or used to detect c. An integral part of such equipment. speed-measuring equipment such as radar 3. An adjustment for depreciation and physical or laser detectors and any jamming appara- condition will be made in determining actual tus intended to elude or disrupt speed- cash value in the event of a total"loss". measurement equipment. 4. If a repair or replacement results in better than c. Any electronic equipment, without regard to like kind or quality, we will not pay for the whether this equipment is permanently in- amount of the betterment. stalled, that reproduces, receives or trans- mitsDeductible audio, visual or data signals. d. Any accessories used with the electronic For each covered "auto", our obligation to pay for, equipment described in Paragraph c. repair, return or replace damaged or stolen prop- above. erty will be reduced by the applicable deductible 5. Exclusions 4.c. and 4.d. do not apply to shown in the Declarations. Any Comprehensive equipment designed to be operated solely by Coverage deductible shown in the Declarations use of the power from the "auto's" electrical does not apply to"loss"caused by fire or lightning. system that, at the time of"loss", is: a. Permanently installed in or upon the cov- ered "auto'; CA 00 01 03 10 ©Insurance Services Office, Inc., 2009 Page 7 of 12 ❑ SECTION IV—BUSINESS AUTO CONDITIONS (5) Submit to examination, at our expense, The following conditions apply in addition to the by physicians of our choice, as often as Common Policy Conditions: we reasonably require. A. Loss Conditions c. If there is "loss" to a covered "auto" or its 1. Appraisal For Physical Damage Loss equipment you must also do the following: you and we disagree on the amount of"loss", (1) Promptly notify the police if the covered If Y 9 auto"or any of its equipment is stolen. either may demand an appraisal of the "loss". (2) Take all reasonable steps to protect the In this event, each party will select a competent covered "auto"from further damage. AI- appraiser. The two appraisers will select a competent and impartial umpire. The apprais- so keep a record your expenses for ers will state separately the actual cash value consideration in thea settlement of the claim. and amount of"loss". If they fail to agree, they will submit their differences to the umpire. A (3) Permit us to inspect the covered "auto" decision agreed to by any two will be binding. and records proving the"loss" before its Each party will: repair or disposition. a. Pay its chosen appraiser; and (4) Agree to examinations under oath at our b. Bear the other expenses of the appraisal request and give us a signed statement and umpire equally. of your answers. If we submit to an appraisal, we will still retain 3. Legal Action Against Us our right to deny the claim. No one may bring a legal action against us un- 2. Duties In The Event Of Accident,Claim,Suit der this coverage form until: Or Loss a. There has been full compliance with all the We have no duty to provide coverage under terms of this coverage form;and this policy unless there has been full compli- b. Under Liability Coverage, we agree in writ- ance with the following duties: ing that the "insured" has an obligation to a. In the event of "accident", claim, "suit" or pay or until the amount of that obligation "loss", you must give us or our authorized has finally been determined by judgment af- representative prompt notice of the "acci- ter trial. No one has the right under this pol- dent"or"loss". Include: icy to bring us into an action to determine (1) How, when and where the "accident" or the"insured's"liability. "loss"occurred; 4. Loss Payment—Physical Damage (2) The"insured's"name and address; and Coverages (3) To the extent possible, the names and At our option we may: addresses of any injured persons and a. Pay for, repair or replace damaged or sto- witnesses. len property; b. Additionally, you and any other involved b. Return the stolen property, at our expense. "insured"must: We will pay for any damage that results to (1) Assume no obligation, make no pay- the"auto"from the theft; or ment or incur no expense without our c. Take all or any part of the damaged or sto- consent, except at the "insured's" own len property at an agreed or appraised val- cost. ue. (2) Immediately send us copies of any re- If we pay for the "loss", our payment will in- quest, demand, order, notice, summons clude the applicable sales tax for the damaged or legal paper received concerning the or stolen property. claim or"suit". 5. Transfer Of Rights Of Recovery Against (3) Cooperate with us in the investigation or Others To Us settlement of the claim or defense If any person or organization to or for whom we against the"suit". make payment under this coverage form has (4) Authorize us to obtain medical records rights to recover damages from another, those or other pertinent information. rights are transferred to us. That person or or- ganization must do everything necessary to secure our rights and must do nothing after "accident"or"loss"to impair them. Page 8 of 12 ©Insurance Services Office, Inc., 2009 CA 00 01 03 10 13 B. General Conditions d. When this coverage form and any other 1. Bankruptcy coverage form or policy covers on the same basis, either excess or primary, we will pay Bankruptcy or insolvency of the"insured"or the only our share. Our share is the proportion "insured's"estate will not relieve us of any obli- that the Limit of Insurance of our coverage gations under this coverage form. form bears to the total of the limits of all the 2. Concealment, Misrepresentation Or Fraud coverage forms and policies covering on This coverage form is void in any case of fraud the same basis. by you at any time as it relates to this coverage 6. Premium Audit form. It is also void if you or any other "in- a. The estimated premium for this coverage sured", at any time, intentionally conceal or form is based on the exposures you told us misrepresent a material fact concerning: you would have when this policy began.We a. This coverage form; will compute the final premium due when b. The covered"auto"; we determine your actual exposures. The estimated total premium will be credited c. Your interest in the covered"auto'; or against the final premium due and the first d. A claim under this coverage form. Named Insured will be billed for the bal- 3. Liberalization ance, if any. The due date for the final pre- mium or retrospective premium is the date If we revise this coverage form to provide more shown as the due date on the bill. If the es- coverage without additional premium charge, timated total premium exceeds the final your policy will automatically provide the addi- premium due, the first Named Insured will tional coverage as of the day the revision is ef- get a refund. fective in your state. b. If this policy is issued for more than one 4. No Benefit To Bailee—Physical Damage year, the premium for this coverage form Coverages will be computed annually based on our We will not recognize any assignment or grant rates or premiums in effect at the beginning any coverage for the benefit of any person or of each year of the policy. organization holding, storing or transporting 7. Policy Period,Coverage Territory property for a fee regardless of any other pro- Under this coverage form,we cover"accidents" vision of this coverage form. and "losses"occurring: 5. Other Insurance a. During the policy period shown in the Dec- a. For any covered "auto" you own, this cov- larations; and erage form provides primary insurance. For b. Within the coverage territory. any covered "auto" you don't own, the in- surance provided by this coverage form is The coverage territory is: excess over any other collectible insurance. (1) The United States of America; However, while a covered "auto" which is a (2) The territories and possessions of the Unit- "trailer" is connected to another vehicle, the ed States of America; Liability Coverage this coverage form pro- vides for the"trailer"is: (3) Puerto Rico; (1) Excess while it is connected to a motor (4) Canada; and vehicle you do not own. (5) Anywhere in the world if: (2) Primary while it is connected to a cov- (a) A covered "auto" of the private passen- ered "auto"you own_ ger type is leased, hired, rented or bor- b. For Hired Auto Physical Damage Coverage, rowed without a driver for a period of 30 any covered "auto" you lease, hire, rent or days or less; and borrow is deemed to be a covered "auto" (b) The "insured's" responsibility to pay you own_ However, any "auto' that is damages is determined in a"suit"on the leased, hired, rented or borrowed with a merits, in the United States of America, driver is not a covered"auto". the territories and possessions of the c. Regardless of the provisions of Paragraph United States of America, Puerto Rico a. above, this coverage form's Liability or Canada or in a settlement we agree Coverage is primary for any liability as- to_ sumed under an"insured contract". CA 00 01 03 10 ©Insurance Services Office, Inc., 2009 Page 9 of 12 ❑ We also cover "loss" to, or "accidents" involv- "Covered pollution cost or expense" does not fin- ing, a covered "auto" while being transported clude any cost or expense arising out of the ac- between any of these places. tual, alleged or threatened discharge, dispersal, 8. Two Or More Coverage Forms Or Policies seepage, migration, release or escape of "pollut- Issued By Us ants": If this coverage form and any other coverage a. That are, or that are contained in any prop- form or policy issued to you by us or any com- erty that is: pany affiliated with us applies to the same "ac- (1) Being transported or towed by, handled cident", the aggregate maximum Limit of Insur- or handled for movement into, onto or ance under all the coverage forms or policies from the covered"auto`; shall not exceed the highest applicable Limit of (2) Otherwise in the course of transit by or Insurance under any one coverage form or pol- on behalf of the"insured'; or icy. This condition does not apply to any cov- erage form or policy issued by us or an affili- (3) Being stored, disposed of, treated or ated company specifically to apply as excess processed in or upon the covered "au- insurance over this coverage form. to'; SECTION V—DEFINITIONS b. Before the "pollutants" or any property in A. "Accident" includes continuous or repeated expo- which the "pollutants" are contained are sure to the same conditions resulting in "bodily in- moved from the place where they are ac- cepted by the "insured" for movement into jury"or"property damage". or onto the covered"auto'; or B. "Auto"means: c. After the "pollutants" or any property in I. A land motor vehicle, "trailer' or semitrailer de- which the "pollutants" are contained are signed for travel on public roads; or moved from the covered"auto"to the place 2. Any other land vehicle that is subject to a com- where they are finally delivered, disposed of pulsory or financial responsibility law or other or abandoned by the"insured". motor vehicle insurance law where it is li- Paragraph a. above does not apply to fuels, lu- censed or principally garaged. bricants, fluids, exhaust gases or other similar However, "auto" does not include "mobile equip- "pollutants" that are needed for or result from ment". the normal electrical, hydraulic or mechanical C. "Bodily injury" means bodily injury, sickness or functioning of the covered"auto"or its parts, if: disease sustained by a person including death re- (1) The "pollutants" escape, seep, migrate sulting from any of these. or are discharged, dispersed or released directly from an "auto" part designed by D. "Covered pollution cost or expense" means any its manufacturer to hold, store, receive cost or expense arising out of: or dispose of such"pollutants'; and 1. Any request, demand, order or statutory or (2) The"bodily injury", "property damage"or regulatory requirement that any "insured" or "covered pollution cost or expense" others test for, monitor, clean up, remove, con- does not arise out of the operation of tain, treat, detoxify or neutralize, or in any way any equipment listed in Paragraph 6.b. respond to, or assess the effects of, "pollut- or 6.c. of the definition of "mobile ants"; or equipment". 2. Any claim or "suit" by or on behalf of a gov- ernmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of,"pollutants". Page 10 of 12 0 Insurance Services Office, Inc., 2009 CA 00 01 03 10 ❑ Paragraphs b. and c. above do not apply to An "insured contract" does not include that part of "accidents" that occur away from premises any contract or agreement: owned by or rented to an"insured"with respect a. That indemnifies a railroad for"bodily injury" to "pollutants" not in or upon a covered "auto" or "property damage" arising out of con- if: struction or demolition operations, within 50 (a) The"pollutants"or any property in which feet of any railroad property and affecting the "pollutants"are contained are upset, any railroad bridge or trestle, tracks, road- overturned or damaged as a result of beds,tunnel, underpass or crossing; the maintenance or use of a covered b. That pertains to the loan, {ease or rental of auto ; and an "auto" to you or any of your "employ- (b) The discharge, dispersal, seepage, mi- ees", if the "auto" is loaned, leased or gration, release or escape of the "pollut- rented with a driver;or ants" is caused directly by such upset, c. That holds a person or organization en- overturn or damage, gaged in the business of transporting prop- E. "Diminution in value" means the actual or per- erty by"auto"for hire harmless for your use ceived loss in market value or resale value which of a covered "auto" over a route or territory results from a direct and accidental"loss". that person or organization is authorized to F. "Employee" includes a "leased worker". "Em- serve by public authority. ployee"does not include a"temporary worker". 1. "Leased worker" means a person leased to you by G. "Insured" means any person or organization quali- a labor leasing firm under an agreement between fying as an insured in the Who Is An Insured pro- you and the labor leasing firm to perform duties re- vision of the applicable coverage. Except with re- lated to the conduct of your business. "Leased spect to the Limit of Insurance, the coverage af- worker'does not include a"temporary worker". forded applies separately to each insured who is J. "Loss" means direct and accidental loss or dam- seeking coverage or against whom a claim or age. "suit"is brought. K. "Mobile equipment" means any of the following H. "Insured contract"means: types of land vehicles, including any attached ma- 1. A lease of premises; chinery or equipment: 2. A sidetrack agreement; 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public 3. Any easement or license agreement, except in roads; connection with construction or demolition op- 2. Vehicles maintained for use solely on or next to erations on or within 50 feet of a railroad; premises you own or rent; 4. An obligation, as required by ordinance, to in- demnify a municipality, except in connection 3. Vehicles that travel on crawler treads; with work for a municipality; 4. Vehicles, whether self-propelled or not, main- 5. That part of any other contract or agreement tained primarily to provide mobility to perma- pertaining to your business (including an in- nently mounted: demnification of a municipality in connection a. Power cranes, shovels, loaders, diggers or with work performed for a municipality) under drills; or which you assume the tort liability of another to b. Road construction or resurfacing equipment pay for"bodily injury"or"property damage"to a such as graders,scrapers or rollers; third party or organization. Tort liability means a liability that would be imposed by law in the 5. Vehicles not described in Paragraph 1., 2., 3. absence of any contract or agreement; or 4. above that are not self-propelled and are 6. That part of any contract or agreement entered maintained primarily to provide mobility to per- into, as part of your business, pertaining to the types: per- manently attached equipment of the following t rental or lease, by you or any of your"employ- ees", of any "auto". However, such contract or a. Air compressors, pumps and generators, agreement shall not be considered an "insured including spraying, welding, building clean- contract" to the extent that it obligates you or ing, geophysical exploration, lighting and any of your "employees" to pay for "property well-servicing equipment; or damage"to any "auto" rented or leased by you b. Cherry pickers and similar devices used to or any of your"employees". raise or lower workers; or CA 00 01 03 10 ©Insurance Services Office, Inc., 2009 Page 11 of 12 ❑ 6. Vehicles not described in Paragraph 1., 2., 3. M. "Property damage" means damage to or loss of or 4. above maintained primarily for purposes use of tangible property. other than the transportation of persons or car- N. "Suit"means a civil proceeding in which: go. However, self-propelled vehicles with the following types of permanently attached 1. Damages because of "bodily injury" or "prop- equipment are not "mobile equipment' but will erty damage"; or be considered "autos": 2. A"covered pollution cost or expense"; a. Equipment designed primarily for: to which this insurance applies, are alleged. (1) Snow removal; "Suit"includes.- (2) Road maintenance, but not construction a. An arbitration proceeding in which such or resurfacing; or damages or "covered pollution costs or ex- (3) Street cleaning; penses" are claimed and to which the "in- sured" must submit or does submit with our b. Cherry pickers and similar devices mounted consent; or on automobile or truck chassis and used to raise or lower workers; and b. Any other alternative dispute resolution c. Air compressors, pumps and generators, proceeding in which such damages or covered pollution costs or expenses are including spraying, welding, building clean- claimed and to which the insured submits ing, geophysical exploration, lighting or with our consent. well-servicing equipment. O. 'Temporary worker" means a person who is fur- However, "mobile equipment" does not include nished to you to substitute for a permanent "em- land vehicles that are subject to a compulsory or ployed'on leave or to meet seasonal or short-term financial responsibility law or other motor vehicle workload conditions. insurance law where it is licensed or principally ga- raged. Land vehicles subject to a compulsory or P. 'Trailer"includes semitrailer. financial responsibility law or other motor vehicle insurance law are considered"autos". L. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. Page 12 of 12 ©Insurance Services Office, Inc., 2009 CA 00 01 03 10 13 COMMERCIAL AUTO CA 01 35 01 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGT'ON CHANCES For a covered "auto" licensed or principally garaged in, or for"garage operations"conducted in, Washington, this endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. A. Changes In Liability Coverage B. Changes In Physical Damage Coverage The Employee Indemnification And Employer's Li- 1. The lead-in to Paragraph B.1. is replaced by ability Exclusion applies only to "bodily injury" to the following: any "employee" of the insured whose employment We will not pay for"loss" caused directly or fin- is not subject to the Industrial Insurance Act of directly by any of the following: Washington (Washington Revised Code Title 51). 2. The Limit of Insurance Provision with respect With respect to "bodily injury" to "employees" of to repair or replacement resulting in better than the insured whose employment is subject to the like kind or quality is replaced by the following, Industrial Insurance Act of Washington, the Em- and supersedes any provision to the contrary: ployee Indemnification And Employer's Liabil- ity Exclusion is replaced with the following: 3. We may deduct for betterment for parts This insurance does not apply to "bodily injury" normally subject to repair and replacement during the useful life of the "auto". In this to: event, deductions shall be limited to the a. An "employee" of the insured arising out of lesser of: and in the course of: a. An amount equal to the proportion that (1) Employment by the"insured'; or the expired life of the part to be repaired (2) Performing duties related to the conduct or replaced bears to the normal useful of the"insured's"business; or life of that part; or b. Any obligation to share damages with or b. The amount which the resale value of repay someone else who must pay dam- the"auto" is increased from the repair or ages because of the injury. replacement. This exclusion does not apply to "bodily injury" 3. The following is added to Paragraph C. Limit to domestic "employees" not entitled to work- Of Insurance: ers' compensation benefits or to liability as- We will not pay for a loss which is paid under sumed by the insured under an "insured con- Underinsured Motorists Coverage. tract". A domestic "employee" is a person en- gaged in household or domestic work per- formed principally in connection with a resi- dence premises. CA 01 35 01 08 ©ISO Properties, Inc., 2007 Pagel of 2 ❑ C. Changes In Garagekeepers Coverage b. Bear the other expenses of the appraisal If Garagekeepers Coverage in the Garage Cover- and umpire equally. age Form is selected or if the Garagekeepers Neither we nor you shall be held to have Coverage endorsement or the Garagekeepers waived any rights by any act relating to ap- Coverage — Customers' Sound Receiving Equip- praisal. ment endorsement is attached, then Exclusion 3. 2. The Transfer Of Rights Of Recovery Against is replaced by the following: Others To Us Condition is replaced by the fol- 3. We will not pay for"loss"arising directly or indi- lowing: rectly out of the following: a. If any person or organization to or for whom a. War, including undeclared or civil war; we make payment under this Coverage b. Warlike action by a military force, including Form has rights to recover damages from action in hindering or defending against an another, those rights are transferred to us actual or expected attack, by any govern- for that payment. That person or organiza- ment, sovereign or other authority using tion must do everything necessary to se- military personnel or other agents; or cure our rights and must do nothing after "accident"or"loss"to impair them. c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental au- b. We are entitled to a recovery only after the thority in hindering or defending against any person or organization has been fully com- of these. pensated for damages by another party. D. Changes In Conditions 3. The following is added to the Legal Action 1. The Appraisal For Physical Damage Loss Against Us Condition: Condition is replaced by the following: If this action is brought pursuant to Sec. 3 of APPRAISAL FOR PHYSICAL DAMAGE RCW 48.30 then 20 days prior to filing such an LOSS action, you are required to provide written no- tice of the basis for the cause of action to us If you and we disagree on the amount of"loss", and the Office of the Insurance Commissioner. either may demand an appraisal of the "loss". Such notice may be sent by regular mail, regis- In this event, each party will select a competent tered mail, or certified mail with return receipt appraiser. The two appraisers will select a requested. competent and impartial umpire. The apprais- ers will state separately the actual cash value and amount of"loss". If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and Page 2 of 2 ©ISO Properties, Inc., 2007 CA 01 35 01 08 0 POLICY NUMBER: PHPK1400180 COMMERCIAL AUTO CA 21 34 01 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON UNDERINSURE® MOTORISTS COVERAGE For a covered "auto" licensed or principally garaged in, or for"garage operations" conducted in, Washington, this endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. Named Insured: Thunderbird Hockey Enterprises, LLC Endorsement Effective Date: 10/27/2015 SCHEDULE "Bodily Injury"And "Property Damage": $ 1,000,000 Each "Accident' Or "Bodily Injury": $ Each"Accident' This endorsement provides"bodily injury"and "property damage" underinsured motorists coverage unless an"X" is entered below: If an"X"is entered in this box, this endorsement provides"bodily injury" underinsured motorists coverage only for the following"autos": Description Of"Autos": Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Coverage B. Who Is An Insured 1. We will pay all sums the "insured" is legally If the Named Insured is designated in the Declara- entitled to recover as compensatory damages tions as: from the owner or driver of an "underinsured 1. An individual, then the following are"insureds": motor vehicle". The damages must result from "bodily injury" or "property damage" sustained a. The Named Insured and any "family mem- by the "insured" caused by an "accident". The bers". owner's or driver's liability for these damages b. Anyone else 'occupying" a covered "auto" must result from the ownership, maintenance or a temporary substitute for a covered or use of the"underinsured motor vehicle". "auto". The covered "auto" must be out of service because of its breakdown, repair, servicing, "loss"or destruction. c. Anyone for damages he or she is entitled to recover because of"bodily injury" sustained by another"insured". CA 21 34 01 08 0 ISO Properties, Inc., 2007 Page 1 of 4 ❑ 2. A partnership, limited liability company, corpo- 7. "Bodily injury" or "property damage" to an "in- ration or any other form of organization, then sured" while operating or"occupying" a motor- the following are"insureds": cycle or motor driven cycle which is not a cov- a. Anyone "occupying" a covered "auto" or a ered "auto" for Liability Coverage under this temporary substitute for a covered "auto". Coverage Form. The covered "auto" must be out of service 8. Punitive or exemplary damages. because of its breakdown, repair, servicing, g, "Bodily injury" or "property damage" arising "loss"or destruction. directly or indirectly out of: b. Anyone for damages he or she is entitled to a. War, including undeclared or civil war; recover because of"bodily injury" sustained by another"insured". b. Warlike action by a military force, including c. The Named Insured for "property damage" action in hindering or defending against an actual or expected attack, by any govern- only. ment, sovereign or other authority using C. Exclusions military personnel or other agents; or This insurance does not apply to: c. Insurrection, rebellion, revolution, usurped 1. The benefit of any insurer or self-insurer under power, or action taken by governmental au- any workers' compensation law or any similar thority in hindering or defending against any disability benefits law. of these. 2. The benefit of any insurer of property. D. Limit Of Insurance 3. "Bodily injury" sustained by: 1. Regardless of the number of covered "autos", "insureds", premiums paid, claims made or ve- a. An individual Named Insured while"occupy- hicles involved in the "accident", the most we ing' any vehicle owned by that Named In- will pay for all damages resulting from any one sured or made available for that Named In- "accident" is the limit shown in the Schedule or sured's regular use that is not a covered in the Declarations. auto for Liability Coverage under this Coverage Form; 2. No one will be entitled to receive duplicate payments for the same elements of "loss" un- b. Any "family member" while "occupying" any der this Coverage Form and any Liability Cov- vehicle owned by that "family member" or erage Form, Medical Payments Coverage En- available for that "family member's" regular dorsement or Personal Injury Protection Cov- use that is not a covered "auto" for Liability erage Endorsement attached to this Coverage Coverage under this Coverage Form; or Part. c. Any "family member" while "occupying" any We will not make a duplicate payment under vehicle owned by the Named Insured or this Coverage for any element of "loss" for made available for the Named Insured's which payment has been made by or for any- regular use that is insured for Liability Cov- one who is legally responsible. erage on a primary basis under any other Coverage Form or policy. E. Changes In Conditions 4. Property contained in or struck by any vehicle The conditions are changed for Washington Un- owned by or available for the regular use of the derinsured Motorists Coverage as follows: Named Insured or any "family member", if the 1. Other Insurance in the Business Auto and Named Insured is an individual, which is not a Garage Coverage Forms and Other Insurance covered"auto"for Liability Coverage under this — Primary And Excess Insurance Provisions Coverage Form. in the Truckers and Motor Carrier Coverage 5. The first $300 of the amount of"property dam- Forms are replaced by the following: age" to the property of each "insured" as the If there is other applicable insurance available result of any one "accident" caused by a hit- under one or more policies or provisions of and-run vehicle as described in Paragraph 5.d. coverage: of the definition of "underinsured motor vehi- a. The maximum recovery under all coverage cle". In all other cases, this insurance does not forms or policies combined may equal but apply to the first $100 of the amount of"prop- not exceed the highest applicable limit for erty damage" to the property of each "insured" any one vehicle under any coverage form as the result of any one"accident". or policy providing coverage on either a pri- 6. Anyone using a vehicle without a reasonable mary or excess basis. belief that the person is entitled to do so. Page 2 of 4 C ISO Properties, Inc., 2007 CA 21 34 01 08 ❑ b. Any insurance we provide with respect to a 4. Transfer Of Rights Of Recovery Against vehicle the Named Insured does not own Others To Us is changed by adding the follow- shall be excess over any other collectible ing: underinsured motorists insurance providing If we make any payment and the "insured" re- coverage on a primary basis. covers from another party, the "insured" shall c. If the coverage under this Coverage Form hold the proceeds in trust for us and pay us is provided: back the amount we have paid. We shall be (1) On a primary basis, we will pay only our entitled to recovery only after the"insured" has share of the loss that must be paid un- been fully compensated for damages. der insurance providing coverage on a Our rights do not apply under this provision primary basis. Our share is the propor- with respect to damages caused by an "acci- tion that our limit of liability bears to the dent" with an "underinsured motor vehicle" if total of all applicable limits of liability for we: coverage on a primary basis. a. Have been given prompt notice of a tenta- (2) On an excess basis,we will pay only our tive settlement between an "insured" and share of the loss that must be paid un- the insurer of an "underinsured motor vehi- der insurance providing coverage on an cle';and excess basis. Our share is the propor- b. Fail to advance payment to the "insured" in tion that our limit of liability bears to the an amount equal to the tentative settlement total of all applicable limits of liability for within 30 days after receipt of notification. coverage on an excess basis. 2. Duties In The Event Of Accident,Claim, Suit If we advance payment to the "insured" in an Or loss is changed by adding the following: amount equal to the tentative settlement within 30 days after receipt of notification: a. A person seeking Underinsured Motorists (1) That payment will be separate from any Coverage must also promptly notify us in amount the insured' is entitled to re- writing of a tentative settlement between cover under the provisions of Underin- the "insured" and the insurer of an "under- sured Motorists Coverage; and insured motor vehicle", and allow us 30 days to advance payment to that "insured" (2) We also have a right to recover the in an amount equal to the tentative settle- advanced payment. ment to preserve our rights against the in- 5. The following condition is added: surer, owner or operator of such "underin- ARBITRATION sured motor vehicle". However, this provi- sion does not apply if failure to notify us a. If we and an "insured"disagree whether the does not prejudice our right to recover "insured" is legally entitled to recover dam- payment from the person legally responsi- ages from the owner or driver of an "under- ble for the"accident". insured motor vehicle"or do not agree as to 3. legal Action Against Us is replaced by the the amount of damages that are recover- following: able by that "insured", then the matter may be arbitrated. However, disputes concern- a. No one may bring a legal action against us ing coverage under this endorsement may under this Coverage Form until there has not be arbitrated. Both parties must agree been full compliance with all the terms of to arbitration. If so agreed, each party will this Coverage Form. select an arbitrator. The two arbitrators will b. Any legal action against us under this Cov- select a third. If they cannot agree within 30 erage Form must be brought within one days, either may request that selection be year after the date on which the cause of made by a judge of a court having jurisdic- action accrues. tion. We will pay all arbitration expenses. If this action is brought pursuant to Sec. 3 of Arbitration expenses will not include the "in- RCW 48.30 then 20 days prior to filing such an sured's" attorney's fees or any expenses in- action, you are required to provide written no- curred in producing evidence or witnesses. tice of the basis for the cause of action to us and the Office of the Insurance Commissioner. Such notice may be sent by regular mail, regis- tered mail or certified mail with return receipt requested. CA 21 34 01 08 ©ISO Properties, Inc., 2007 Page 3 of 4 ❑ b. Unless both parties agree otherwise, arbi- d. That is a hit-and-run vehicle and neither the tration will take place in the county in which driver nor owner can be identified. The ve- the "insured" lives. Local rules of law as to hicle must either: arbitration procedure and evidence will ap- (1) Hit an "insured", a covered "auto" or a ply. A decision agreed to by two of the arbi- vehicle an"insured" is"occupying'; or trators will be binding. F. Additional Definitions (2) Cause "bodily injury" or "property dam- age with no physical contact with the As used in this endorsement: "insured" or the vehicle the "insured" 1. "Property damage" means injury to or destruc- was "occupying" at the time of the"acci- tion of the property of an "insured". dent"provided: 2. "Family member' means a person related to an (a) The facts of the "accident" can be individual Named Insured by blood, marriage corroborated by competent evidence or adoption who is a resident of such Named other than the testimony of any per- Insured's household, including a ward or foster son having an underinsured motor- child. ists coverage claim as a result of such"accident"; and 3. "Occupying" means in, upon, getting in, on, out or off. ( ) Someone reports orts the "accident" to the police within 72 hours of the"ac- 4. Suit' means a civil proceeding in which: cident". a. Damages because of "bodily injury" or However, "underinsured motor vehicle" does "property damage"; or not include any vehicle: b. A "covered pollution cost or expense" to a. For which the Liability Coverage of this which this insurance applies, are alleged. Coverage Form applies. However, if the "Suit" includes: Named Insured is an individual and that (1) An arbitration proceeding in which such Named Insured or any "family member' damages or "covered pollution costs or sustains damages while "occupying", or expenses"are claimed; or when struck by, an "auto" which is a cov- ered "auto" for Liability Coverage under this (2) Any other alternative dispute resolution Coverage Form, this exception to this defi- proceeding in which such damages or nition of an "underinsured motor vehicle" "covered pollution costs or expenses" does not apply to that Named Insured or are claimed. any such"family member'. 5. "Underinsured motor vehicle" means a land b. Owned by a governmental unit or agency. motor vehicle or"trailer': This provision does not apply if the Bov- a. For which no liability bond or policy applies ernmental unit or agency is unable to pay at the time of an"accident'; or damages because of financial inability or b. For which liability bonds or policies apply at insolvency. the time of the "accident", but the amount 6. Whenever the terms "uninsured motorists paid under all of the bonds or policies to an coverage" or "uninsured motor vehicle" appear "insured" is not enough to pay the full in the Coverage Form or any endorsements at- amount an "insured" is legally entitled to re- tached to the Coverage Form, they are re- cover as damages caused by the "acci- placed by the terms "underinsured motorists dent"; or coverage"and"underinsured motor vehicle"for c. For which all insuring or bonding compa- covered "autos" licensed in or "garage opera- nies deny coverage or are or become insol- tions" conducted in Washington. vent; or Page 4 of 4 0 ISO Properties, Inc_, 2007 CA 21 34 0108 ❑ POLICY NUMBER: PHPK1400180 COMMERCIAL AUTO CA 22 57 03 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON PERSONAL INJURY PROTECTION - NAILED INDIVIDUALS If you are an individual and your covered "auto" is licensed or principally garaged in, or "garage operations" are conducted in,Washington,this endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Named Insured: Thunderbird Hockey Enterprises, LLC Endorsement Effective Date: 10/27/2015 Countersignature Of Authorized Representative Name: Title: Signature: Date: We agree with the "Named Insured", subject to all of the provisions of this endorsement and to all of the provi- sions of the Coverage Form, except as modified herein, as follows: SCHEDULE The following benefits apply unless otherwise indicated below or in the Declarations: X I Basic Personal Injury Protection Benefits Benefits Limit Per Person Medical And Hospital Expenses $ 10,000 Funeral Expenses $ 2,000 Income Continuation $ 10,000 subject to a maximum of$200 per week Loss Of Services Benefit $ 5,000 subject to a maximum of$40 per day not to exceed $200 per week CA 22 57 03 06 ©ISO Properties, Inc., 2005 Page 1 of 4 0 Increased Limits Personal Injury Protection Benefits If indicated as applicable above or in the Declarations, the following increased limits personal injury protection benefits apply, instead of the corresponding basic limits personal injury protection benefits. Benefits Limit Per Person Medical And Hospital Expenses $ 35,000 Funeral Expenses $ 2,000 Income Continuation $ 35,000 subject to a maximum of$700 per week Loss Of Services Benefit $ 14,600 subject to a maximum of$40 per day Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Coverage 3. Loss Of Services Benefit. Reimbursement for We will pay Personal Injury Protection benefits to payment to others, not members of the "in- or for an "insured" who sustains "bodily injury" in sured's" household, for reasonable expenses an "accident"arising out of the ownership, mainte- incurred for essential services in lieu of those nance or use of an "auto" as an auto. Subject to the"insured' would have performed without in- the limits shown in the Schedule for the Personal come, provided such services are actually ren- Injury Protection coverage benefits that apply, dered. However, reimbursement for the loss of these Personal Injury Protection benefits consist services benefit ends at the earliest of the fol- of the following: lowing: 1. Medical and Hospital Expenses.All reasonable a. The date that the "insured" is reasonably and necessary expenses incurred by or on be- able to perform such services; half of the "insured" within 3 years from the b. The expiration of 52 weeks from the date of date of the "accident" for medical, surgical, x- the"accident';or ray and dental services, including pharmaceu- c. The date of such"insured's"death. ticals, prosthetic devices and eye glasses, and necessary ambulance, hospital, professional 4. Funeral Expenses. nursing. B. Who Is An Insured 2. Income Continuation. The "insured's" loss of 1. The"Named Insured". income from work, during the period commenc- 2. If the "Named Insured" is an individual, any ing 14 days after the date of the"accident"and "family member". ending the earliest of the following: a. The date that such "insured" is reasonably 3. Any other person while "occupying" or using a able to perform the duties of his or her covered"auto". usual occupation; 4. A "pedestrian" if the "accident" involves a cov- b. The expiration of 54 weeks from the date of ered"auto". the"accident"; or C. Exclusions c. The date of such"insured's"death. We will not pay Personal Injury Protection benefits The combined weekly payment for Personal In- for"bodily injury": jury Protection benefits to the "insured"for loss 1. Sustained by the "Named Insured" or any of income under: "family member" while "occupying" any "auto" a. Any workers'compensation benefits; owned by the"Named Insured"or furnished for the"Named Insureds regular use, that is not a b. Personal Injury Protection Coverage pro- covered"auto". vided under this policy; and 2. Sustained by a "family member"while"occupy- c. Any other disability or income continuation ing" any "auto" owned by or furnished for that benefits; "family members" regular use that is not a cov- shall not exceed 85% of the "insured's" weekly ered "auto". income. Page 2 of 4 ©ISO Properties, Inc., 2005 CA 22 57 03 06 ❑ 3. Sustained by any person: 2. Transfer Of Rights Of Recovery Against a. Caused by his or her own intentional act; or Others To Us is changed by adding the follow- b. While participating in any prearranged or ing: organized racing or speed contest, or in a. If we make any payment and the "insured" practice or preparation for any such con- recovers from another party, the "insured" test. shall hold the proceeds in trust for us and 4. Arising directly or indirectly out of: pay us back the amount we have paid. Weshall be entitled to recovery only after the a. War, including undeclared war; or "insured" has been fully compensated for b. Warlike action by a military force, including damages. action in hindering or defending against an b. Where either we and/or an "insured" have actual or expected attack, by any govern- incurred legal expenses in recovering pay- ment, sovereign or other authority using ments that benefit both, whether incurred in military personnel or other agents. an action for damages or otherwise, there 5. Resulting from the radioactive, toxic, explosive will be an equitable apportionment of such or other hazardous properties of nuclear mate- expenses. rial. The following conditions are added for Washing- 6. Resulting from the "insured's" use of an auto- ton Personal Injury Protection — Named Individu- mobile in the commission of a felony. als: D. Limit Of Insurance 1. Arbitration 1. Regardless of the number of covered private a. If we and an"insured"disagree whether the passenger autos, "insureds", policies or bonds "insured" is do not agree astled to t to recover damages amount of damages, applicable, claims made, premiums paid or then by mutual written agreement the mat- "autos" involved in the "accident", the most we ter will be decided by arbitration. However, will pay to or for each "insured"for Personal In- disputes concerning coverage under this jury Protection benefits because of "bodily in- endorsement may not be arbitrated. If both jury sustained by such insured in any one "accident" is the Limit of Insurance shown in parties agree in writing, then the matter will the Schedule for each benefit that applies. be decided by a single arbitrator selected 2. An amount payable under this coverage will by the parties. If they cannot agree, then Y P Y 9 each party will, upon written demand of the be reduced by any amount paid or payable to other, select an arbitrator. The two arbitra- or for each "insured" under any workers' com- tors will select a third. Each party will bear pensation law or any other similar medical or the expenses it incurs and bear the ex- disability benefits law(excluding Medicare). penses of the third arbitrator equally. E. Changes In Conditions b. Unless both parties agree otherwise, arbi- The conditions are changed for Washington Per- tration will take place in the county in which sonal Injury Protection —Named Individuals as fol- the "insured" lives or the county in which lows: the "insured" resided at the time of the ac- 1. The following is added to Duties In The Event cident. Local rules as to arbitration proce- Of Accident, Claim, Suit Or Loss: dure and evidence will apply. A decision agreed to by the arbitrator or arbitrators will The "insured" or someone on his or her behalf be binding. must promptly: 2. Coordination And Non-Duplication a. Give us written proof of claim, under oath if a. No "insured" may recover duplicate pay- required, and any such other information ments for the same elements of "loss" un- that will help us determine the amount due der this or any other insurance. and payable. b. Execute authorization to enable us to obtain b. If an "insured" is entitled to medical pay- information with respect to loss of income. ments coverage or Washington Personal Injury Protection benefits under more than one Coverage Form or policy, our share is the proportion that our Limit Of Insurance bears to the total of all applicable limits cov- ering on the same basis. CA 22 57 03 06 ©ISO Properties, Inc., 2005 Page 3 of 4 ❑ c. With respect to losses sustained by an d. Motor home. "insured" resulting from an "accident" while "occupying" or as a "pedestrian" through e. Moped. being struck by a temporary substitute f. Motorcycle. "auto"or a non-owned "auto", this coverage 2. As used in this endorsement, the following are will apply as excess over any other valid added to the Definitions Section: and collectible medical payments coverage a. "Family member" means a person related or Washington Personal Injury Protection to the "Named Insured" by blood, marriage benefits. or adoption, including a ward or foster child, F. Additional Definitions who is a resident of the "Named Insured's" 1. As used in this endorsement, the definition of household. "auto" in the Definitions Section is replaced by b. "Named Insured" means the person named the following: in the Declarations of this Coverage Form "Auto" means any self-propelled land motor or policy and his or her spouse if a resident vehicle or trailer, other than a: of the same household. a. Farm type tractor or other self-propelled c. "Occupying" means in or upon or entering equipment designed for use principally off into or alighting from. public roads,while not on public roads. d. "Pedestrian" means a person not "occupy- b. Vehicle operated on rails or crawler-treads. ing"an "auto". c. Vehicle located for use as a residence or premises. Page 4 of 4 0 ISO Properties, Inc., 2005 CA 22 57 03 06 ❑ COMMERCIAL AUTO CA 23 93 0106 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON EXCLUSION OF TERRORISM INVOLVING NUCLEAR, BIOLOGICAL OR CHEMICAL TERRORISM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM SINGLE INTEREST AUTOMOBILE PHYSICAL DAMAGE INSURANCE POLICY TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse- 2. "Any injury, damage, loss or expense" means ment, the provisions of the Coverage Form apply any injury, damage, loss or expense covered unless modified by the endorsement, under any Coverage Form or Policy to which A. The following definitions are added and apply this endorsement is applicable, and includes under this endorsement wherever the term terror- but is not limited to "bodily injury", "property ism, or the phrase any injury, damage, loss or ex- damage", "personal injury", "personal and ad- pense, are enclosed in quotation marks: vertising injury", "loss", loss of use, rental reim- bursement after "loss" or "covered pollution 1. 'Terrorism" means activities against persons, cost or expense", as may be defined under this organizations or property of any nature: Coverage Form, Policy or any applicable en- a. That involve the following or preparation for dorsement. the following: B. The following exclusion is added: (1) Use or threat of force or violence; or EXCLUSION OF TERRORISM (2) Commission or threat of a dangerous We will not pay for "any injury, damage, loss or act; or expense" caused directly or indirectly by "terror- (3) Commission or threat of an act that ism", including action in hindering or defending interferes with or disrupts an electronic, against an actual or expected incident of "terror- communication, information, or me- ism". But this exclusion applies only when one chanical system; and or more of the following are attributed to an in- b. When one or both of the following applies: cident of"terrorism": (1) The effect is to intimidate or coerce a 1. The "terrorism" is carried out by means of the government or the civilian population or dispersal or application of radioactive material, any segment thereof, or to disrupt any or through the use of a nuclear weapon or de- segment of the economy; or vice that involves or produces a nuclear reac- tion, nuclear radiation or radioactive contamina- (2) It appears that the intent is to intimidate tion; or or coerce a government, or to further po- litical, ideological, religious, social or 2. Radioactive material is released, and it appears economic objectives or to express (or that one purpose of the "terrorism" was to re- express opposition to) a philosophy or lease such material; or ideology. CA 23 93 01 06 © ISO Properties, Inc., 2004 Page 1 of 2 ❑ 3. The "terrorism" is carried out by means of the C. In the event of any incident of"terrorism"that is not dispersal or application of pathogenic or poi- subject to this Exclusion, coverage does not apply sonous biological or chemical materials; or to "any injury, damage, loss or expense" that is 4. Pathogenic or poisonous biological or chemical otherwise excluded under this Coverage Form, materials are released, and it appears that one Policy or any applicable endorsement. purpose of the "terrorism" was to release such materials. Page 2 of 2 0 ISO Properties, Inc., 2004 CA 23 93 01 06 ❑ POLICY NUMBER: PHPK1400180 COMMERCIAL AUTO CA 99 23 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RENTAL. REIMBURSEMENT COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Thunderbird Hockey Enterprises, LLC Endorsement Effective Date: 10/27/201S SCHEDULE Maximum Payment Each Covered "Auto" Designation Or Description Of Covered "Autos"To Which Any One No. Of Any One Coverage This Insurance Applies Day Days Period Premium Comprehensive 2006 CHEVROLET Express V $ 30 30 $ 900 $ 9 Collision 2006 CHEVROLET Express V $ 30 30 $ 900 $ 18 Specified $ $ $ Causes Of Loss Total Premium $ 27 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. This endorsement provides only those coverages C. We will pay only for those expenses incurred dur- where a premium is shown in the Schedule. It ap- ing the policy period beginning 24 hours after the plies only to a covered "auto" described or desig- "loss" and ending, regardless of the policy's expi- nated in the Schedule. ration, with the lesser of the following number of B. We will pay for rental reimbursement expenses days: incurred by you for the rental of an "auto' because 1. The number of days reasonably required to of "loss" to a covered "auto". Payment applies in repair or replace the covered "auto". If"loss" is addition to the otherwise applicable amount of caused by theft, this number of days is added each coverage you have on a covered "auto". No to the number of days it takes to locate the deductibles apply to this coverage. covered"auto'and return it to you. CA 99 23 03 10 ©Insurance Services Office, Inc., 2009 Page 1 of 2 0 2. The number of days shown in the Schedule. E. This coverage does not apply while there are D. Our payment is limited to the lesser of the follow- spare or reserve "autos" available to you for your ing amounts: operations. 1. Necessary and actual expenses incurred. F. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay 2. The maximum payment stated in the Schedule under this coverage only that amount of your applicable to "any one day' or "any one pe- rental reimbursement expenses which is not al- riod". ready provided for under the Physical Damage Coverage Extension. Page 2 of 2 © Insurance Services Office, Inc., 2009 CA 99 23 03 10 0 PI-CA-001 (05/10) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE ELITE ENDORSEMENT This endorsement modifies insurance provided under the following_ BUSINESS AUTO COVERAGE PART Following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Page Coverage Applicable Limit of Insurance # Who is An Insured 2 Board Members Included Newly Acquired Entities Included Designated Insured Included Lessor Included Cost of Bail Bonds $5,000 2 Reasonable Expenses—Loss of Earnings $500 per day 2 Fellow Employee Coverage Amended 3 Towing $100 per disablement 3 Glass Breakage(Windshields and Windows No deductible applies 3 Transportation Expenses $100 per day/$3,000 maximum 3 Hired Auto Physical Damage—Loss of Use $100 per day/$1,000 maximum 4 Hired Auto Physical Damage ACV or repair or replacement of the 4 vehicle whichever is less Personal Effects $500 4 Rental Reimbursement $100 per day/30 days 4 Accidental Discharge—Air Bag Amended 5 Electronic Equipment $1000 5 Original Equipment Manufacturer Parts Included 5 Replacement Auto Loan/Lease Gap Coverage Amended 6 One Comprehensive Coverage Deductible Per Amended 7 Occurrence Notice of and Knowledge of Occurrence Amended 7 Blanket Waiver of Subrogation Amended as required by written contract 7 Unintentional Errors or Omissions Amended 8 Mental Anguish—BodilyInjuryRedefined Amended 8 Coverage extensions under this endorsement only apply in the event that no other specific coverage for these extensions is provided under this policy_ If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted in this endorsement. Any deductible listed in the Auto Declarations Page will apply unless specific deductible provisions are set forth under a coverage enhancement below. Page 1 of 8 ©2010 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-CA-001 (05/10) I. LIABILITY COVERAGE EXTENSIONS A. Who Is An Insured SECTION II—LIABILITY COVERAGE, A. Coverage, 1.Who Is An Insured is amended by adding the following: The following are also"insureds": 1. Board Members—Board members(or their spouses)while renting a vehicle while on business for the named insured. 2. Newly Acquired Entities—Any business entity newly acquired or formed by you during the policy period, provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following the acquisition or the formation of the business entity. 3. Designated Insured—Any person or organization designated by the"insured" is an"insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in SECTION II of the Coverage Form. 4. Lessor of Leased Autos—The lessor of a"leased auto" is an"insured"only for"bodily injury'or"property damage"resulting from the acts or omissions by: a. You; b. Any of your"employees"or agents; or c. Any person, except the lessor or any"employee"or agent of the lessor,operating a"leased auto"with the permission of any of the above. Any"leased auto" in the policy schedule will be considered a covered"auto"you own and not a covered"auto"you hire or borrow. The coverages provided under this endorsement apply to any"leased auto" in the policy schedule until the expiration date of the lease, or when the lessor or his or her agent takes possession of the"leased auto,"whichever occurs first. "Leased auto" means an"auto" leased or rented to you, including any substitute, replacement or extra"auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. B. Cost of Bail Bonds SECTION II—LIABILITY COVERAGE,A.Coverage, 2.Coverage Extensions,a. Supplementary Payments, Item (2) is deleted in its entirety and replaced with the following: (2) Up to$5,000 for cost of bail bonds(including bonds for related traffic law violations) required because of an"accident"we cover. We do not have to furnish these bonds. C. Reasonable Expenses SECTION II—LIABILITY COVERAGE,A.Coverage, 2.Coverage Extensions,a. Supplementary Payments, Item (4) is deleted in its entirety and replaced with the following: Page 2 of 8 cC 2010 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-CA-001 (05/10) (4) All reasonable expenses incurred by the"insured"at our request, including actual loss of earnings up to$500 a day because of time off from work. D. Fellow Employee Coverage SECTION II—LIABILITY COVERAGE, B. Exclusions, S. Fellow Employee is deleted in its entirety and replaced by the following: "Bodily injury"to any fellow"employee"of the"insured"arising out of and in the course of the fellow"employee's"employment or while performing duties related to the conduct of your business. However,this exclusion does not apply to any manager or officer of your company. II. PHYSICAL DAMAGE COVERAGE EXTENSIONS A. Towing SECTION III—PHYSICAL DAMAGE COVERAGE,A.Coverage, 2. Towing is deleted in its entirety and replaced with the following: 2. Towing We will pay up to$100 for towing and labor costs incurred each time a covered "auto" is disabled. However,the labor must be performed at the place of disablement. No deductible applies to this enhancement. We will pay only for those covered "autos"for which you carry either Comprehensive or Specified Causes of Loss Coverage. B. Glass Breakage SECTION III—PHYSICAL DAMAGE COVERAGE, A. Coverage, 3.Glass Breakage—Hitting A Bird Or Animal—Falling Objects Or Missiles is amended by adding the following: No deductible applies to"loss"to glass used in the windshield or windows. We will pay only for those covered"autos"for which you carry either Comprehensive or Specified Causes of Loss Coverage. C. Transportation Expenses SECTION III—PHYSICAL DAMAGE COVERAGE,A.Coverage,4. Coverage Extensions, a. Transportation Expenses is deleted in its entirety and replaced with the following: a. Transportation Expenses We will pay up to$100 per day to a maximum of$3,000 for temporary transportation expenses incurred by you because of a"loss"to a covered"auto."We will pay only for those covered "autos"for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the"loss" and ending, regardless of the policy's expiration,when the covered "auto" is returned to use or we pay for its"loss." Page 3 of 8 ©2010 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-CA-001 (05/10) D. Hired Auto Physical Damage—Loss of Use The last sentence of SECTION III—PHYSICAL DAMAGE COVERAGE,A. Coverage,4. Coverage Extension, b. Loss of Use Expenses is deleted in its entirety and replaced with the following: However,the most we will pay for any expenses for loss of use is $100 per day,to a maximum of$1,000. E. Hired Auto Physical Damage SECTION III—PHYSICAL DAMAGE COVERAGE, A.Coverage,4.Coverage Extensions is amended by adding the following extension: Hired Auto Physical Damage Any"auto" you lease, hire, rent or borrow from someone other than your"employees" or partners, or members of their household is a covered "auto"for each of your physical damage coverages. The most we will pay for any"loss" in any one"accident"is the ACV or the cost for repair or replacement of the vehicle, whichever is less. For each covered"auto"our obligation to pay will be reduced by a deductible of$500 for Comprehensive Coverage and $1000 for Collision Coverage, F. Personal Effects Coverage SECTION III—PHYSICAL DAMAGE COVERAGE,A.Coverage,4. Coverage Extensions is amended by adding the following extension: Personal Effects Coverage We will pay up to$500 for"loss"to personal effects,which are: 1. Owned by an "insured"; and 2. In or on your covered "auto." This coverage applies only in the event of the total theft of your covered"auto." No deductible applies to this coverage. G. Rental Reimbursement SECTION III—PHYSICAL DAMAGE COVERAGE,A. Coverage,4.Coverage Extensions is amended by adding the following extension: Rental Reimbursement Coverage We will pay up to$100 per day, for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an"auto" because of"loss"to a covered"auto." We will also pay up to$300 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto." Page 4 of 8 ©2010 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-CA-001 (05/10) We will pay only for those covered"autos"for which you carry either Comprehensive or Specified Causes of Loss Coverage. If"loss" results from the total theft of a covered "auto,"we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Item III.C. Transportation Expenses of this endorsement. H. Accidental Discharge—Airbag Coverage SECTION Ill—PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph 3. is amended by adding the following exception: This exclusion does not apply to the accidental discharge of an airbag. This coverage is excess of any other collectible insurance or warranty. No deductible applies to this coverage. 1. Electronic Equipment Coverage The following supersedes anything to the contrary in SECTION III—PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph 4. Exclusions 4.c.and 4.d. do not apply to: Any risk management or monitoring equipment and electronic equipment that receives or transmits audio,visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered "auto"at the time of the"loss"or the equipment is removable from a housing unit which is permanently installed in the covered "auto"at the time of the"loss,"and such equipment is designed to be solely operated by use of the power from the"auto's"electrical system, in or upon the covered"auto." The most we will pay for all"loss"to risk management or monitoring equipment, audio, visual or data electronic equipment that is not designed solely for the reproduction of sound and any accessories used with this equipment as a result of any one"accident" is the least of: a. The actual cash value of the damaged or stolen property at the time of the"loss"; b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or c. $1,000. This coverage will not apply if there is other insurance provided by this policy for the above- described electronic equipment. We will, however, pay any deductible, up to $500, that is applicable under the provisions of the other insurance. We will pay only for those covered "autos"for which you carry either Comprehensive or Specified Causes of Loss Coverage. J. Original Equipment Manufacturer(OEM) Parts Replacement SECTION III—PHYSICAL DAMAGE COVERAGE,C. Limit of Insurance, Paragraph 1. is amended to include: Page 5 of 8 ©2010 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-CA-001 (05/10) However, if the covered"auto"has less than 20,000 miles on its odometer,then the following condition will apply: We will pay the cost to replace the damaged parts (excluding glass and mechanical parts) with new Original Equipment Manufacturer replacement parts if the damaged parts cannot be repaired. K. Auto Loan/Lease Gap Protection SECTION III—PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance is amended to include the following: 4. In the event of"loss"to a covered"auto"that is loaned or leased to an "insured": a. The most we will pay for"loss" in anyone"accident" is the lesser of: (1) The actual cash value of the damaged or stolen property as of the time of the"loss"; or (2) The cost of repairing or replacing the damaged or stolen property with other property of like, kind and quality. b. Our Limit of Insurance for"total loss"will be the greater of: (1) The balance due under the terms of the lease or loan, to which your"auto" is subject but not including: (a) Past due payments; (b) Financial penalties imposed under the lease; (c) Security deposits not refunded; (d) Costs for extended warranties or insurance; or (e) Final payment due under a "balloon loan"; or (2) Actual cash value of the stolen or damaged property. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of"loss." c. Additional Definitions (1) "Total loss"for the purpose of this coverage, means a loss in which the estimated cost of repairs, plus the salvage value, exceeds the actual cash value. (2) "Balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. d. Additional Conditions This coverage will apply only to the original lease or loan written on your covered "auto." In order for this coverage to apply, leased "autos" must be leased or rented to you under Page 6of8 OO 2010 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with its permission. PI-CA-001 (05/10) a leasing or rental agreement,for a period of not less than six months,which requires you to provide direct primary insurance for the benefit of the lessor. L. One Comprehensive Coverage Deductible SECTION III—PHYSICAL DAMAGE COVERAGE, D. Deductible is amended by adding the following: Only one Comprehensive Coverage Deductible per occurrence will apply to any"loss" resulting from a covered peril. For the purpose of this extension, occurrence means a single incident, including continuous or repeated exposure to substantially the same general harmful conditions within a 24-hour period. III. BUSINESS AUTO CONDITIONS A. Notice and Knowledge of Occurrence SECTION IV—BUSINESS AUTO CONDITIONS,A. Loss Conditions,2. Duties In The Event Of Accident,Claim, Suit Or Loss, Paragraph a. is deleted in its entirety and replaced with the following: a. In the event of"accident,"claim, "suit"or"loss,"you must give us, or our authorized representative, prompt notice of the"accident"or"loss." Include: (1) How,when and where the"accident"or"loss"occurred; (2) The"insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. Your duty to give us or our authorized representative prompt notice of the"accident"or "loss"applies only when the"accident"or"loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. B. Blanket Waiver Of Subrogation SECTION IV—BUSINESS AUTO CONDITIONS,A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us, is amended by adding the following exception: However,we waive any right of recovery we may have against any person or organization because of payments we make for"bodily injury"or"property damage"arising out of the operation of a covered"auto"when you have assumed liability for such"bodily injury" or "property damage" under an "insured contract." Page 7of8 ©2010 Philadelphia Indemnity Insurance Company Includes copyrighted material of insurance Services Office, Inc., with its permission. PI-CA-001 (05110) C. Unintentional Errors or Omissions SECTION IV—BUSINESS AUTO CONDITIONS, B.General Conditions, 2. Concealment, Misrepresentation,Or Fraud is amended by adding the following: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However,this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. IV. DEFINITIONS A. Mental Anguish SECTION V—DEFINITIONS,C."Bodily injury" is amended by adding the following: "Bodily injury"also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. Page 8 of 8 ©2010 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc.,with its permission. PI-ARB-1 (4/03) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.. BINDING ARBITRATION Wherever, used in this endorsement: 1) "we", "us", "our", and"insurer' mean the insurance company which issued this policy; and 2)"you", "your", "named insured", "first named insured", and "insured" mean the Named Corporation, the Named Organization, Named Sponsor, Named Insured, or Insured stated in the declarations page; and 3) "other insured(s)" means all other persons or entities afforded coverage under this policy. This endorsement modifies coverage provided under the Coverage Part to which it is attached. If we and the insured do not agree whether coverage is provided under this Coverage Part for a claim made against the insured, then either party may make a written demand for arbitration. When this demand is made, each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that selection be made by a judge of a court having jurisdiction. Each party will: 1. Pay the expenses it incurs; and 2. Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise, arbitration will take place in the county in which the address shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding. All other terms of the policy remain unchanged. Includes copyright material of the Insurance Services Office,Inc.used with its permission. Page 1 of 1 PI-EBL-001 (5/99) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS ADMINISTRATION ERRORS AND OMISSIONS INSURANCE IMPORTANT NOTE: THIS INSURANCE PROVIDES LIMITED COVERAGE FOR LIABILITY WHICH ARISES OUT OF THE ADMINISTRATION OF YOUR EMPLOYEE BENEFITS PROGRAM. IN PARTICULAR, IT DOES NOT FULLY PROTECT YOU OR ANY OTHER INSURED AGAINST LIABILITY CREATED BY THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, OR ITS AMENDMENTS, OR ANY SIMILAR LAW. Various provisions in this Coverage Form restrict Section III—Limits of Insurance coverage. Read the entire Coverage Form of this Coverage Form. carefully to determine rights,duties and what is and is not covered. b. We may, at our discretion, investigate and settle any claim or Throughout this Coverage Form the words"you" suit. and"your" refer to the Named Insured shown in the c. Our right and duty to defend end Declarations of this Coverage Form. The words when we have used up the "we","us"and"our" refer to the Company applicable Limit of Insurance in the providing this insurance. payment of judgments or settlements under this Coverage The word"insured"means any person or Form. organization qualifying as such under Section II —Who is an Insured of this Coverage Form. 2. This insurance applies to a negligent act,error or omission only if: Other words and phrases that appear in boldface have special meaning. Refer to a. the negligent act, error or omission Section VI—Definitions. is caused by an occurrence that takes place in the Coverage Section I—Coverages Territory; A. Insuring Agreement b. the negligent act, error or omission did not occur before the retroactive 1. We will pay those sums that you date, if any, shown in the become legally obligated to pay as Declarations or after the end of the damages because of a negligent act, Policy Period; and error or omission in the administration of your employee benefits program. C. the insured had no prior knowledge No other obligation or liability to pay or could not reasonably have sums or perform acts or services is foreseen any circumstances which covered unless explicitly provided for might result in a claim or suit; and under Supplementary Payments of this coverage Form. d. the claim is first made or suit is brought during the policy period or We will have the right and duty to any Extended Reporting Period we defend any suit seeking those provide under Extended Reporting damages. But: Period Section V. a. The amount we will pay for all 3. This insurance applies only to negligent damages is limited as described in acts, errors or omissions: Page 1 of 8 PI-EBL-001 (5/99) h. any claims for injury or damage to a a. which occur within the Coverage person or organization arising from: Territory; and (1) refusal to employ that person; b. for which the claim is made or suit is brought within the Coverage (2) termination of that person's Territory. employment; B. Exclusions (3) employment-related discrimination or employment- This insurance does not apply to: related practices, policies, acts or omissions, such as coercion, 1. bodily injury, property damage or demotion,failure to promote, personal injury; evaluation,criticism, reassignment, discipline, 2. claims for injury or damage arising out of: defamation, self-defamation, harassment, humiliation directed a. a dishonest,fraudulent, criminal or at that person or organization; malicious act, error or omission done by or at the direction of any Insured; (4) consequential injury or damage as a result of(1)through (3)above. b. an insurer's failure to perform its contract; i. the act of terminating or altering any of your employee benefits program. c. failure of any plan to meet its obligations due to insufficient funds; C. Supplementary Payments d. failure of any investment to perform We will pay,with respect to any claim we as represented by any insured. investigate or settle, or any suit against an insured we defend: e. advice given by an insured to any person on whether or not to 1. all expenses we incur. participate in any plan included in your employee benefits program; 2. the cost of bonds to release attachments, but only for bond amounts within the f. your failure to meet the requirement applicable limit of insurance. We do not of any law concerning Workers' have to furnish these bonds. Compensation, unemployment insurance, social security, disability 3. all reasonable expenses incurred by the benefits or the Fair Labor Standards insured at our request to assist us in the Act of 1938 and its amendments, or investigation or defense of the claim or any similar laws; suit, including actual loss of earnings up to$250 a day because of time off from g. any insured's liability as a fiduciary work. under: 4. all costs taxed against the insured in the (1) EMPLOYEE RETIREMENT suit. INCOME SECURITY ACT OF 1974 and its amendments, or 5. prejudgment interest awarded against the insured on that part of the judgment (2) INTERNAL REVENUE CODE OF we pay. If we make an offer to pay the 1986 (including the INTERNAL applicable limit of insurance,we will not REVENUE CODE OF 1954)and pay any prejudgment interest based on its amendments; that period of time after the offer. Page 2 of 8 PI-EBL-001 (5/99) 6. all interest on the full amount of any judgment that accrues after entry of the i. your members are insureds, but only judgment and before we have paid, with respect to the administration of offered to pay, or deposited in court the your employee benefits program; part of the judgment that is within the and applicable limit of insurance. ii. your managers are insureds, but only These payments will not reduce the limits of with respect to the administration of insurance. your employee benefits program. d. a corporation: Section II—Who is an Insured i. your executive officers and directors 1. We cover each of the following as insureds are insureds, but only with respect to under this Coverage Form: the administration of your employee benefits program; and a. you; and ii. your stockholders are also insureds, b. your employees, but only with respect to but only with respect to their liability as the administration of your employee stockholders and only with respect to benefits program; and the administration of your employee benefits program. c. any other person or organization authorized to perform the administration Any organization which you newly acquire or of your employee benefits program, form, other than a partnership or joint venture, and over which you maintain a 2. In addition, if you are designated in the primary and controlling interest will be Declarations as: considered an insured if there is no similar insurance available to that organization. a. an individual; However, coverage under this provision is afforded only until the end of the policy i. your spouse is an insured, but only period. with respect to the administration of your employee benefits program; No person or organization is an insured with and respect to the conduct of any current or past partnership,joint venture, or limited liability ii. your legal representatives are insureds company that is not shown as a Named if you die, but only with respect to Insured in the Declarations of this Coverage duties in the administration of your Form. employee benefits program. That representative will have all your rights Section III--Limits of Insurance and duties under this endorsement. 1. The Limits of Insurance stated in the b. a partnership or joint venture: Declarations of this Coverage Form and the rules below fix the most we will pay i. your partners or your members are regardless of the number of: insureds, but only with respect to the administration of your employee a. insureds; benefits program; and b. negligent acts, errors or omissions ii. the spouses of your partners or your causing injury or damage; members are also insureds, but only with respect to the administration of c. claims made or suits brought; your employee benefits program. d. persons or organizations making claims c. a limited liability company: or bringing suits; or Page 3 of 8 PI-EBL-001 (5/99) alleging the negligent act, error or e. plans included in your employee omission; benefits program. (3) the nature of any injury or damage 2. The Aggregate Limit is the most we will pay arising out of the negligent act, error for all damages because of negligent acts, or omission. errors or omissions in the administration of your employee benefits program, covered b. If a claim is made or suit is brought by this policy. against any insured, you must: 3. Subject to 2. above, the Each Employee (1) immediately record the specifics of Limit is the most we will pay for the sum of the claim or suit and the date all damages incurred because of damages received; and sustained, covered by this policy, by: (2) notify us as soon as practicable. a. any one employee, and You must see to it that we receive written b. that employee's dependents or stated notice of the claim or suit as soon as beneficiaries. practicable. 4. The limits of this Coverage Part apply c. You and any other involved insured separately to each consecutive annual must: policy period and to any remaining period of less than 12 months, starting with the (1) immediately send us copies of any beginning of the policy period shown in the demands, notices, summonses or Declarations. If the policy period is legal papers received in connection extended after issuance for an additional with the claim or suit; period of less than 12 months, the additional period will be deemed part of the last (2) authorize us to obtain records and preceding period for purposes of other information; determining the Limits of Insurance. (3) cooperate with us in the investigation Section IV—Conditions or settlement of the claim or defense against the suit;and 1. Bankruptcy (4) assist us, upon our request, in the Bankruptcy or insolvency of the insured or of enforcement of any right against any the insured's estate will not relieve us of our person or organization which may be obligations under this Coverage Part. liable to the insured because of injury or damage to which this insurance 2. Duties in the Event of a Negligent Act, Error, may also apply. Omission, Claim or Suit: d. No insured will, except at that insured's a. You must see to it that we are notified as own cost, voluntarily make a payment, soon as practicable of an alleged assume any obligation, or incur any negligent act, error, omission, claim or expense without our consent. suit which may result in a claim. To the extent possible, notice should include: 3. Legal Action Against Us (1) how,when and where the alleged No person or organization has a right under negligent act, error, or omission took this Coverage Part: place; a. to join us as a party or otherwise bring us (2) the names and addresses of the into a suit asking for damages from an persons or their representatives insured; or Page 4 of 8 PI-EBL-001 (5/99) b. to sue us on this Coverage Part unless impair them. At our request,the insured will all of its terms have been fully complied bring suit or transfer those rights to us and with. help us enforce them. A person or organization may sue us to 8. When We Do Not Renew recover on an agreed settlement or on a final judgment against an insured obtained after If we decide not to renew this Coverage Part, an actual trial; but we will not be liable for we will mail or deliver to the first Named damages that are not payable under the Insured shown in the Declarations written terms of this Coverage Part or that are in notice of the non-renewal not less than 30 excess of the applicable limit of insurance. days before the expiration date. An agreed settlement means a settlement and release of liability signed by us, the If notice is mailed, proof of mailing will be insured and the claimant or the claimant's sufficient proof of notice. legal representative. 9. Application of Insurance Services Office 4. Other Insurance Endorsements Attached to This Coverage Part This insurance is excess over any other valid and collectible similar insurance or insurance In the event that an Insurance Services expressly purchased to provide this Office Endorsement is attached to this coverage, available to the insured. Coverage Part, it shall apply to this insurance even if the Insurance Services Office 5. Representation endorsement does not include Employee Benefits Administration Errors and Omissions By accepting this policy, you agree: Insurance within the introductory language of the endorsement. a. the statements in the Declarations are accurate and complete; b. those statements are based upon Section V—Extended Reporting Period representations you made to us; and 1.We will provide one or more Extended c. we have issued this policy in reliance Reporting Periods, as described below, if: upon your representations. a.This Coverage Part is canceled or not 6. Separation of Insureds renewed; or Except with respect to the Limits of Insurance b.We renew or replace this Coverage Part and any rights or duties specifically assigned with in this Coverage Part to the first Named insurance that: Insured, this insurance applies: (1) Has a Retroactive Date later than the date a. as if each Named Insured were the only shown in the Declarations of this Named Insured;and Coverage Part; or b. separately to each insured against whom (2) Does not apply to a negligent act or error claim is made or suit is brought. and omission on a claims-made basis. 7. Transfer of Rights of Recovery Against 2. Extended Reporting Periods do not extend Others to Us the policy period or change the scope of coverage provided. They apply only to claims If the insured has rights to recover all or part for a negligent act, error or omission that of any payment we have made under this occurs before the end of the policy period but Coverage Part,those rights are transferred to not before the Retroactive Date, if any, us. The insured must do nothing after loss to shown in the Declarations. Page 5 of 8 PI-EBL-001 (5/99) c. Limits of Insurance available under this Once in effect, Extended Reporting Periods Coverage may not Part for future payment of damages; and be canceled. d. Other related factors. 3.A Basic Extended Reporting Period is automatically provided without additional The additional premium will not exceed 200% charge. This period starts with the end of the of the annual premium for this Coverage policy period and lasts for: Part. a. Five years with respect to claims because of This endorsement shall set forth the terms, a negligent act, error or omission arising not inconsistent with this Section, applicable out of an occurrence reported to us, not later to the Supplemental Extended Reporting than 60 days after the end of the policy Period, including a provision to the effect that period, in accordance with Paragraph 2.a. of the insurance afforded for claims first the Section IV-Condition; received during such period is excess over any other valid and collectible insurance b. Sixty days with respect to claims arising from available under policies in force after the occurrences not previously reported to us. Supplemental Extended Reporting Period sta rts. The Basic Extended Reporting Period does not apply to 6. If the Supplemental Extended Reporting claims that are covered under any subsequent Period is in effect,we will provide the insurance you purchase, or that would be supplemental aggregate limits of insurance covered but described below,but only for claims first for exhaustion of the amount of insurance received and recorded during the applicable to Supplemental Extended Reporting Period. such claims. The supplemental aggregate limits of 4. The Basic Extended Reporting Period does insurance will be equal to the dollar amount not reinstate or increase the limits of shown in the Declarations in effect at the end insurance. of the policy period for Employees Benefits Administration Errors and Omissions 5. A Supplemental Extended Reporting Period Insurance. of unlimited duration is available, but only by an endorsement and for an extra charge. Section VI—Definitions This supplemental period starts when the Basic Extended Reporting Period, set forth in With respect to coverage provided by this Paragraph 3.above, ends. Coverage Form, the following definitions apply: You must give us a written request for the 1. Administration means performance of the endorsement within 60 days after the end of ministerial functions of your employee the policy period. The Supplemental benefits program and could include: Extended Reporting Period will not go into effect unless you pay a. applying the program rules to determine the additional premium promptly when due. who is eligible to participate in benefits; We will determine the additional premium in b. calculating service and compensation accordance with our rules and rates. In doing credits of employees; so,we may take into account the following: c. preparing messages to tell employees a. The exposures insured; about their benefits. b. Previous types and amounts of insurance; d, maintaining service and employment records of those employees participating in your employee benefits program; Page 6 of 8 PI-EBL-001 (5/99) 5. Employment-related discrimination e. preparing reports required by means the actual or alleged treatment of a government agencies; person or group of persons based upon their race, color, nationality, ethnic origin, religion, f. calculating benefits; gender, marital status, reproductive status, age, sexual orientation, sexual preference, g. informing new employees about your physical disability, mental disability or on employee benefit program; any basis which is prohibited by federal, state or local law. h. implementing enrollment instructions from your employees in your employee 6. Executive officer means a person holding benefits program. any of the officer positions created by your charter, constitution, bylaws or any other i. advising, other than legal advice, similar governing document. employees who are participating in your employee benefits program of their 7. Leased worker means a person leased to rights and options. you by a labor leasing firm under an agreement between you and the labor j. collecting contributions and applying leasing firm, to perform duties related to the them as called for under the rules of conduct of your business. Leased worker your employee benefits program. does not include a temporary worker. k. preparing benefits reports for your 8. Personal injury means injury, other than employees participating in your bodily injury, arising out of one or more of employee benefits program. the following offenses: I. processing claims. a. false arrest, detention or imprisonment; b. malicious prosecution; 2. Bodily Injury means bodily injury sickness or c. the wrongful eviction from,wrongful entry disease sustained by a person, including into, or invasion of the right of private death occupancy of a room, dwelling or resulting from any of these at any time, premises that a person occupies by or on behalf of its owner, landlord or lessor; 3. Coverage territory means: d. oral or written publication of material that a. the United States of America (including slanders, or libels a person or its territories and possessions), Puerto organization, or disparages a person's or Rico and Canada; or organization's goods, products or services; or b. all parts of the world if the insured's responsibility to pay damages is e. oral or written publication of material that determined in a suit on the merits in the violates a person's right of privacy. territory described in a. above or in a settlement to which we agree. 9. Property Damage means: 4. Employee means your executive officers a. physical injury to tangible property, or any persons who have been employed including all resulting loss of use of that and compensated by you,whether actively property. All such loss of use shall be employed, formerly employed, disabled or deemed to occur at the time of the retired, and includes leased workers and physical injury that caused it; or temporary workers if they are subject to your employee benefits program. b. loss of use of tangible property that is not physically injured. All such loss of use Page 7 of 8 PI-EBL-001 (5/99) shall be deemed to occur at the time of the occurrence that caused it. 10. Suit means a civil proceeding in which damages because of a negligent act, error or omission to which this insurance applies are alleged. Suit includes: a. an arbitration proceeding in which such damages are claimed and to which you must submit or do submit with our consent; b. any other alternative dispute resolution proceeding in which such damages are claimed and to which you submit with our consent. 11. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short-term workload conditions. Temporary worker does not mean a leased worker. 12. Your employee benefits program means a type of insurance or other plan you maintain solely for the benefit of your employees and could include one or more of the following types: a. group life insurance, group accident, dismemberment, dental, health insurance, health care and dependent care spending plans, legal advice plans, or educational tuition reimbursement plans; b. profit sharing plans; savings plans including 401 K and 403B plans; pension plans and stock subscription plans; c. unemployment insurance, social security benefits: workers' compensation and disability benefits insurance. Page 8 of 8 PI-PPL-001(8/03) EB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIOR/PENDING LITIGATION AND KNOWN CIRCUMSTANCES EXCLUSION (CLAIMS MADE) This endorsement modifies insurance provided under the following: EMPLOYEE BENEFITS ADMINISTRATION ERRORS AND OMISSIONS INSURANCE CLAIMS MADE COVERAGE. In consideration of the premium paid for this policy, it is agreed that the Insurer shall not be liable to make any payment for"damages" in connection with any claim arising out of, based upon or attributable to: i) any"professional incident", "bodily injury" or"property damage", committed on or before 10/27/2008 if the insured knew or could have reasonably foreseen that such"professional incident", "bodily injury"or"property damage" could give rise to a claim; ii) any pending or prior litigation made as of 10/27/2008 or any claims alleging or derived from the same or essentially the same facts as alleged in such pending or prior litigation; Page 1 of 1 PI-ARB-1 (4/03) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.. BINDING ARBITRATION Wherever, used in this endorsement: 1) "we", "us", "our", and"insurer mean the insurance company which issued this policy; and 2) "you", "your", "named insured", "first named insured", and"insured"mean the Named Corporation, the Named Organization, Named Sponsor, Named Insured, or Insured stated in the declarations page; and 3)"other insured(s)" means all other persons or entities afforded coverage under this policy. This endorsement modifies coverage provided under the Coverage Part to which it is attached. If we and the insured do not agree whether coverage is provided under this Coverage Part for a claim made against the insured, then either party may make a written demand for arbitration. When this demand is made, each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that selection be made by a judge of a court having jurisdiction. Each party will: 1. Pay the expenses it incurs; and 2. Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise, arbitration will take place in the county in which the address shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding. All other terms of the policy remain unchanged. Includes copyright material of the Insurance Services Office,Inc.used with its permission. Page 1 of 1 PI-SO-008 (1/99) SEXUAL OR PHYSICAL ABUSE OR MOLESTATION VICARIOUS LIABILITY COVERAGE FORM OCCURRENCE PLEASE READ THE ENTIRE FORM CAREFULLY. Various provisions in this policy restrict coverage. Read (d) supervision; the entire policy carefully to determine your rights, duties (e) inspection; or and what is and is not covered. (f) investigation of prospective tenants; of your premises, premises in your control or Throughout this policy the words"you"and"your" refer to premises you have leased to another; or the Named Insured shown in the Declarations. The words "we", "us"and"our' refer to the Company providing this (3) the negligent failure to provide professional insurance. services or neglect of the therapeutic needs of a client, patient or other person because of the The word"insured" means any person or organization "abusive conduct". qualifying as such under SECTION II -WHO IS AN INSURED. Subject to the above provisions,we have the right and duty to defend any"suit"seeking"damages" Other words and phrases that appear in quotation marks because of another person's"abusive conduct". have special meaning. Refer to SECTION V- However,we have no duty to defend the insured DEFINITIONS. against any"suit"seeking"damages"to which this insurance does not apply.We may at our SECTION I-COVERAGE discretion, investigate any"abusive conduct"and SEXUAL OR PHYSICAL ABUSE OR MOLESTATION settle any claim or"suit"that may result. But VICARIOUS LIABILITY (a) The amount we will pay for"damages"as 1. Insuring Agreement described in (Section III) LIMIT OF INSURANCE; and a. We will pay those sums that the insured is legally obligated to pay as"damages" (b) Our right and duty to defend end when we because of"bodily injury"to which this have used up our applicable limit of insurance insurance applies, if the insured is alleged in the payment of"damages". to be liable for another person's"abusive conduct", by reason of: We will pay,with respect to any claim or"suit" we defend, any"defense costs"we incur. No (1) the negligent: other obligation or liability to pay sums or (a) employment; perform acts or services is covered unless (b) selection; explicitly provided for in ADDITIONAL POLICY (c) investigation; BENEFITS. (d) supervision; . (e) reporting to the proper authorities, or b. This insurance applies to"damages" because of failure to so report; or "bodily injury"only if: (f) retention; of any"employee",volunteer or any other (1) The"bodily injury" is caused by"abusive person or persons for whom the insured is conduct that takes place in the"coverage or ever was legally responsible; or territory"; (2) the negligent: (2) The"bodily injury" occurs during the policy (a) design; period. (b) control; (c) maintenance; 2. Exclusions This insurance does not apply to: 1 of 5 a. liability assumed by the insured under any contract 2. Each of the following is also an insured: or agreement; a. your directors, but only for liability arising from their b. any obligation for which an insured, or any duties as your directors; insurance carrier of the insured, may be held liable under a workers compensation, disability benefits b. your"employees", but only for liability arising or unemployment compensation law or any similar within the scope of their employment duties for law; you; c. any claim arising out of matters which may be c. your volunteers, but only for liability arising within deemed uninsurable; the scope of their volunteer duties related to the conduct of your organization; and d. any claim made against an insured by another insured except a claim made by an insured who is d. students in training, but only for liability arising an"employee", subject to exclusion(e.) below; within the scope of their duties related to the conduct of your organization. e. any claim made by or on behalf of your"employee" except in the limited instance where that "employee"is also your client and receiving SECTION III -LIMIT OF INSURANCE services falling within the official scope of the services which you provide and the claim arises 1_ The limit of insurance shown in the Declarations and out of the provision of these services; the rules below fix the most we will pay "damages" regardless of the number of: f. to criminal defense costs associated with a criminal trial including appeals; a. Insureds; g. to the molestation of any person by the named b. claims made or"suits"brought; or insured or family member of the named insured which predates the inception of this policy and c. persons or organizations making claims or bringing continues into the policy period; "suits". ADDITIONAL POLICY BENEFITS 2. The limit of insurance shown in the Declarations for each"abusive conduct"is the most we will pay for all EMPLOYEE INDEMNIFICATION DEFENSE "damages" incurred as the result of any claim of COVERAGE "abusive conduct". Two or more claims for"damages" because of the same incident or interrelated incidents We will also pay on your behalf"defense costs"for an of"abusive conduct"shall be: "employee"who is alleged to be directly involved in "abusive conduct" if you have entered into a written a. considered a single claim.; and agreement with such"employee"where you agree to indemnify the"employee"for such"defense costs" b. such claims,whenever made, shall be assigned to provided the agreement includes a provision for only one policy(whether issued by us or any other repayment of defense costs in the event of an adverse insurer)and if that is this policy, only one limit of judgment. insurance shall apply. The most we will pay for any"employee"who is alleged 3_ The aggregate limit shown in the Declaration is, to be directly involved in"abusive conduct"is$25,000 subject to paragraph 2. of this Section, the total limit of regardless of the number of employees,claims or our liability for all"damages"to which this insurance "suits"brought or persons or organizations making applies. claims or bringing"suits." SECTION II -WHO IS AN INSURED 1. You are an insured. 2of5 The limits of this Coverage Part apply separately to 3. Legal Action Against Us each consecutive annual period; and to any remaining period of less than 12 months, starting with the No person or organization has a right under this beginning of the policy period shown in the Coverage Part: Declarations; unless the policy period is extended after issuance for an additional period of less than 12 a. to join us as a party or otherwise bring us into a months. In that case,the additional period will be "suit"asking for"damages"from an insured; or deemed part of the last preceding period for purposes of determining the limit of insurance. b. to sue us on this Coverage Part unless all of its terms have been fully complied with. SECTION IV-SEXUAL OR PHYSICAL ABUSE OR A person or organization may sue us to recover as a MOLESTATION VICARIOUS LIABILITY CONDITIONS result of an"agreed settlement"or on a final judgment against an insured obtained after an actual trial, but we 1. Bankruptcy will not be liable for"damages"that are not payable under the terms of this Coverage Part or that are in Bankruptcy or insolvency of the insured or of the excess of the applicable limit of insurance. insured's estate will not relieve us of our obligations under this Coverage Part. 4. Other Insurance 2. Duties In the Event of an Incident,Claim or Suit If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage a. If a claim is made or"suit"is brought against any Part, our obligations are limited as follows: insured, you must see to it that we receive written notice of the claim or"suit"as soon as practicable, a. Primary Insurance but no later than 60 days after the claim is made or .suit' is brought. This insurance is primary except when b. below applies. If this insurance is primary, our b. You and any other involved insured must: obligations are not affected unless any of the other insurance is also primary. Then,we will share with (1) Immediately send us copies of any demands, all that other insurance by the method described in notices, summonses or legal papers received c. below. in connection with the claim or"suit"; b. Excess Insurance (2) Authorize us to obtain records and other information; If any insured has other insurance providing coverage similar to this policy,then this insurance (3) Cooperate with us in the investigation, shall be excess over and above that other settlement or defense of the claim or"suit" insurance except where such insurance is including the release of any personnel records specifically designated as excess to this policy. of the person(s)allegedly involved in the abusive conduct; and When this insurance is excess,we will have no duty to defend any claim or"suit"that any other (4) Assist us, upon our request, in the insurer has a duty to defend. If no other insurer enforcement of any right against any person or defends, we will undertake to do so, but we will be organization which may be liable to the insured entitled to the insured's rights against all those because of"abusive conduct"to which this other insurers. insurance may also apply. When this insurance is excess over other c. No insureds will, except at their own cost, and insurance, we will pay only our share of the without recourse to this policy, voluntarily make a amount of the loss, if any, that exceeds the sum of: payment, assume any obligation, or incur any expense, other than for first aid,without our (1) The total amount that all such other insurance consent. would pay for the loss in the absence of this insurance; and 3 of 5 (2) The total of all deductible and self-insured amounts under all that other insurance. 7. Transfer or Rights of Recovery Against Others To Us We will share the remaining loss, if any,with any other insurance that is not described in this Excess If the insured has rights to recover all or part of any Insurance provision. payment we have made under this Coverage Part, those rights are transferred to us. The insured must c. Method of Sharing do nothing after loss to impair them. At our request, the insured will bring"suit"or transfer those rights to If all of the other insurance permits contribution by us and help us enforce them. equal shares,we will follow this method also. Under this approach each insurer contributes 8. Two Or More Coverage Parts Or Policies Issued By equal amounts until it has paid its applicable limit Us of insurance or none of the loss remains, whichever comes first. It is our stated intention that the various coverage parts or policy issued to you by us, or any company If any of the other insurance does not permit affiliated with us, do not provide any duplication or contribution by equal shares, we will contribute by overlap of coverage for the same claim or"suit".We limits. Under this method, each insurer's share is have exercised diligence to draft our coverage parts based on the ratio of its applicable limit of or policies to reflect this intention, but should the insurance to the total applicable limit of insurance circumstances of any claim or"suit"give rise to such of all insurers. duplication or overlap of coverage then, notwithstanding the other insurance provision, if this 5. Premium Audit policy and any other coverage part or policy issued to you by us, or any company affiliated with us, apply to a. We will compute all premiums for this Coverage the same"abusive conduct"professional incident, Part in accordance with our rules and rates, occurrence,offense,wrongful act, accident or loss, the maximum limit of insurance under all such b. Premium shown in this Coverage Part as advance coverage parts or policies combined shall not exceed premium is a deposit premium only. At the close the highest applicable limit of insurance under any of each audit period we will compute the earned one coverage part or policy. premium for that period. Audit premiums are due and payable on notice to the first Named Insured. This condition does not apply to any Excess or If the sum of the advance and audit premiums paid Umbrella policy issued by us specifically to apply as for the policy term is greater than the earned excess insurance over this policy. premium, we will return the excess to the first Named Insured. 9. When We Do Not Renew c. The first Named Insured must keep records of the If we decide not to renew this Coverage Part, we will information we need for premium computation, mail or deliver to the first Named Insured shown in the and send us copies at such times as we may Declarations written notice of the nonrenewal not less request. than 30 days before the expiration date. 6. Representations If notice is mailed, proof of mailing will be sufficient By accepting this policy,the insured agrees: proof of notice. SECTION V-DEFINITIONS a. the statements in the Declarations, and in the application for insurance are accurate and 1. "Agreed settlement"means a settlement and release complete; of liability signed by the insured and the claimant or the b. those statements are based upon representations claimant's legal representative and approved by us. made by the insureds; and 2. "Abusive conduct"means each, every and all actual, threatened or alleged acts of physical abuse, sexual c. we have issued this policy in reliance upon those abuse, representations. 4of5 sexual molestation or sexual misconduct performed by 6. "Defense Costs"-Costs to defend any claim or"suit" one person or two or more people acting together. seeking"damages." These costs are outside the limit Each, every and all actual,threatened or alleged acts of insurance. of physical abuse, sexual abuse, sexual molestation or sexual misconduct committed by, participated in by, 7. "Employee"includes a"leased worker"or a "temporary directed by, instigated by or knowingly allowed to worker." happen by one or more persons shall be considered to be one"abusive conduct"regardless of: 8. "Leased worker"means a person leased to you by a labor leasing firm under an agreement between you a. the number of injured parties; and the labor leasing firm,to perform duties related to the conduct of your business. b. the period of time over which the acts of physical abuse, sexual abuse, sexual molestation or sexual 9. "Suit"means a civil proceeding in which "damages"are misconduct took place; and sought for"abusive conduct"to which this insurance applies are alleged. "Suit"also includes: c. the number of such acts or encounters. a. an arbitration proceeding in which such"damages" "Abusive conduct"consisting of or comprising more are claimed and to which you must submit or do than one act of physical abuse, sexual abuse,sexual submit with our consent;or molestation or sexual misconduct shall be deemed to take place, for all purposes within the scope of this b. any other alternative dispute resolution proceeding policy, at the time of the first such act or encounter. in which such"damages"are claimed and to which you submit with our consent. 3. "Bodily Injury" means bodily injury, sickness or disease including emotional distress or anguish including death 10. "Temporary worker"means a person who is furnished resulting therefrom. to you to substitute for a permanent"employee"on leave or to meet seasonal or short-term workload 4. "Coverage territory"means the United States of conditions. America(including its territories and possessions), Puerto Rico and Canada. 5. "Damages"means a monetary: a. judgment; b. award; or c. settlement, but does not include fines, sanctions, penalties, punitive or exemplary damages or the multiple portion of any damages. 5of5 PI-SO-013 (02/05) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EMPLOYEE DEFENSE COVERAGE This endorsement modifies insurance provided under the following: SEXUAL OR PHYSICAL ABUSE OR MOLESTATION VICARIOUS LIABILITY COVERAGE FORM OCCURRENCE SEXUAL OR PHYSICAL ABUSE OR MOLESTATION VICARIOUS LIABILITY COVERAGE FORM CLAIMS- MADE COVERAGE The section EMPLOYEE INDEMNIFICATION DEFENSE COVERAGE under SECTION I—COVERAGE, ADDITIONAL POLICY BENEFITS is deleted and replaced with the following: EMPLOYEE DEFENSE COVERAGE We will also pay on your behalf"defense costs"for an"employee"who is alleged to be directly involved in "abusive conduct" until such time as that individual is adjudicated to be a wrongdoer or enters a plea of no- contest. Page 1 of 1 PI-SGL-002 (5/94) STOP GAP LIABILITY COVERAGE Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. The word"insured"means any person or organization qualifying as such under SECTION II-WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Referto SECTION V- DEFINITIONS. SECTION I - COVERAGES 1. INSURING AGREEMENT Bodily Injury a. We will pay those sums that the insured becomes legally obligated to pay as damages because of"bodily injury"to which this insurance applies. The"bodily injury"must be caused by an occurrence to an employee of the insured. The employee's payroll must have been reported and declared under"Worker's Compensation Law"of a state,territory or possession designated in the Declarations. The employee must have been injured in the course of employment. The employee shall not be entitled to, or must have elected not to accept, Worker's Compensation benefits. This insurance applies only to "bodily injury" occurring within the policy territory and caused by: 1. An accident occurring during the policy period, or 2. Sickness or disease caused or aggravated by exposure to conditions in the employment of the insured. The last day of the last exposure to such conditions must occur during the policy period. b. We will have the right and duty to defend any"suit" seeking damages. But: 1. The amount we will pay for damages is limited as described in SECTION Ill- LIMITS OF INSURANCE: 2. We may investigate and settle any claim or"suit"at our discretion; and 3. Our right and duty to defend end when we have used up the applicable Limit of Insurance in the payment of judgements or settlements. EXCLUSIONS This insurance does not apply to: a. "Bodily Injury"for which the insured is obligated to pay damages by reason of the assumption Page 1 of 6 Includes copyright material of the Insurance services Office,Inc.used with its permission. PI-SGL-002(5/94) of liability in a contract or agreement. b. Any premium, assessment, penalty, fine or other obligation imposed by any "Worker's Compensation Law", unemployment compensation, disability benefits or under any similar law. c. 'Bodily Injury"suffered or caused by any person: 1. Knowingly employed by the insured in violation of any laws as to age; or 2. Under the age of 14 years, regardless of any such law. d. 'Bodily Injury" suffered by an employee whose payroll has not been included in the "total payroll" upon which the premium for this insurance is based. e. Aircraft operation or the performance of any duty in connection with aircraft while in flight. f. Any damages for"bodily injury"with respect to which the insured is: 1. Deprived of any defense or defenses or 2_ Otherwise subject to penalty because of default in a premium audit under, or any other failure to comply with the provisions of a "Worker's Compensation Law". Section II - WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners and their spouses are also insureds, but only with respect to the conduct of your business. c. An organization other that a partnership or joint venture,you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers and directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. 2. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or majority interest, will be deemed to be a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b_ Coverage does not apply to "bodily injury" or"property damage" that occurred before you acquired or formed the organization. No person or organization is an insured with respect to the conduct or any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. Page 2 of 6 Includes copyright material of the Insurance Services Office,Inc.used with its permission. PI-SGL-002 (5/94) SUPPLEMENTARY PAYMENTS We will pay, with respect to any claim or"suit"we defend: 1. All expenses we incur. 2. The cost of bonds to release attachments, but only for bond amounts within the applicable Limit of Insurance. We do not have to furnish these bonds. 3. All reasonable expenses incurred by the insured or any request to assist us in the investigation or defense of the claim or"suit", including actual lost earnings up to$100 a day because of time off from work. 4_ All costs taxed against the insured in the "suit". 5. Pre-judgement interest awarded against the insured on that part of the judgement we pay if we make an offer to pay the applicable Limit of Insurance, we will not pay any pre-judgement interest based on that period of time after the offer. 6. All interest on the full amount of any judgement that accrues after entry of the judgement and before we have paid, offered to pay or deposited in court the part of the judgement that is within the applicable Limit of Insurance. These payments will not reduce the Limits of Insurance. SECTION III - LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or"suit" brought, or c. Persons or organizations making claims or bringing "suits". 2. The Each Person limit is the most we will pay for all damages because of "bodily injury" sustained by any one person as the result of any one occurrence. 3. Subject to 2. above the Each Occurrence limit is the most we will pay for all damages because of "bodily injury"sustained by two or more persons as a result of any one occurrence. 4. The Bodily Injury by Disease Aggregate limit is the most we will pay for all damages because of "bodily injury" by disease. The limits of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case,the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance_ Page 3 of 6 Includes copyright material of the Insurance Services Office,Inc.used with its permission. PI-SGL-002 (5/94) SECTION IV- CONDITIONS 1. Bankruptcy. Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under the Coverage Part. 2. Duties In The Event of Occurrence, Claim or Suit. a. You must see to it that we are notified in writing promptly of any "occurrence" which may result in a claim. Notice should include: (1) How, when and where the "occurrence took place; and (2) The names and addresses of any injured persons and witnesses. b. If a claim is made or"suit"is brought against any insured, you must see to it that we receive prompt written notice of the claim or"suit". c. You and any other involved insured must: (1) Immediately send up copies of any demands, notices, summonses or legal papers received in connection with the claim or"suit'; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement or defense of the claim or"suit'; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insureds will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us. No person or organization has a right under the Coverage Part: a. To join us as a party or otherwise bring us into a"suit"asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgement against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of the Coverage Part or that are in excess of the applicable Limit of Insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. Page 4 of 6 Includes copyright material of the Insurance Services Office,Inc.used with its permission. PI-SGL-002(5/94) 4. Other Insurance This insurance is excess over any other valid and collectible insurance. 5. Premium Audit. a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the First Named Insured. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium,we will return the excess to the First Named Insured. c. The First Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations. By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separations of Insureds. Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in the Coverage Part to the First Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or"suit" is brought. 8. Transfer Of Rights of Recovery Against Others To Us. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and will help us to enforce them. SECTION V- DEFINITIONS 1. 'Bodily Injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. Page 5 of 6 Includes copyright material of the Insurance Services Office,Inc.used with its permission. PI-SGL-002(5/94) 2. "Coverage Territory" means: a. The United States of America, its territories and possessions and Canada; b. International waters or airspace, providing the injury or damage does not occur in the course of travel or transportation to or from any place not included in a. above. 3. "Occurrence"means an accident,including continuous or repeated exposure to substantially the same general harmful conditions. 4. "Suit" means a civil proceeding in which damages because of "bodily injury" to which this insurance applies,are alleged. "Suit"includes an arbitration proceeding alleging such damages to which you must submit or submit with our consent. 5. "Total payroll" means payroll earned by employees whose payroll is reported under"Worker's Compensation Law" of a state, territory or possession designated in the Declarations. 6. "Worker's Compensation Law"means the Worker's Compensation Law and any Occupational Disease Law. This does not include provisions of any law providing non-occupational disability benefits. Page 6 of 6 Includes copyright material of the Insurance services Office,Inc.used with its permission. � 'y't1NFY{us& BUSINESS LICENSE ' STATE OF 1J > WASHiNGTON } Unified Business ID #: 602 220 311 �`' Domestic Limited Liability Company Business ID #: 1 Location: 1 #` Expires: 07-31-2016 THUNDERBIRD HOCKEY ENTERPRISES, LLC . i; SEATTLE THUNDERBIRDS i 625 W JAMES ST KENT WA 98032 4406 +� TAX REGISTRATION UNEMPLOYMENT INSURANCE t INDUSTRIAL INSURANCEx MINOR WORK PERMIT t DUTIES OF MINORS: r' t r. t Cashier, team promotions work LICENSING RESTRICTIONS: Minors working above ground level must be at least 16 years of age. '_., WAC 296-125-033 (5) (b) Court permission and a variance from L&I is required to hire minors under the age of 14 in non-agriculture jobs. Call 360-902-5316 or email teensafety@Lni.wa.gov for information. ' REGISTERED TRADE NAMES: i! SEATTLE THUNDERBIRDS ; SEATTLE THUNDERBIRDS HOCKEY SEATTLE THUNDERBIRDS HOCKEY CLUB THUNDERBIRD HOCKEY 'f xt THUNDERBIRDS HOCKEY `, This document lists the registrations,endorsements,and licenses authorized for the business named above.By accepti ngthis document,the licensee certifies the information on the application was complete,true,and accurate to the best of his or her knowledge,and that business will be ,, y conducted in compliance with all applicable Washington state,county,and city regulations. Director,Department of Revenue t REQUEST FOR MAYOR'S SIGNATURE Print on Cherry-Co6ored Paper Z�K F 14 KENT Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by Dlrector�— Originator Karen Wesson Phone (Originator): x 5569 Date Sent: 04/28/16 Date Required: a15 I (& Return Signed Document to., Karen Wesson Contract Termination bate: I EV, VENDOR NAME: Date Finance Notified: (oniy requlred on contracts Seaftle Thunderbirds $20,000 and over or on any rant) DATE OF COUNCIL APPROVAL: Date Risk Manager Notified.04/18/16 01k (Requiredon Non-City Standard Contracts A reem,entsl Has this Document been Spnecificall Account Number: Authorized in the Budge ? OYES NO Brief Explanation of Document: 2016agreement with Seattle Thunderbirds (Thunderbirds Hockey Enterprises, LLC) for 13 months (March 1, 2016 through May 1, 2017), $49,400 for marketing of the VisitKent,.com logo and website. All C n& rough The Law Department Low I V Boom 11knor is area to be completed by the Law Department) Received: Approval of Law Dept.; APR 29 Z016 Law Dept. Comments: Date Forwarded to Mayor: 5�5 Sh,= e'as'-T'oA'B'eVC'ojmLp—l'e'te'd"By Administration Staff Received: r A 1 Recommendations and Comments: Disposition-. MAY 2016 City ("I"Date,Returned: Kent,"Ole,