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PW17-468 - Original - Knotty Tree Service - Tree Removal at Four Locations - 09/27/2017
li. .. 7-11 �/ 40 / rds M n"/ / e m it 111� K�r /�-," W A S M 0 N 0 T 0 N Document z r CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Knotty Tree Service Vendor Number: JD Edwards Number Contract Number: 91 This is assigned by City Clerk's Office Project Name: Tree Removal - 4 Locations Description: ❑ Interlocal Agreement 0 Change Order El Amendment Z Contract F71 Other: Contract Effective Date: g/ 7/17 Termination Date: 11/20/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: feather McIntosh Department: PW Operations Contract Amount: 8 91,.00 Approval Authority: (CIRCLE ONE) Department Director , Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Remove trees at Tudor Square, Pheasant's follow HOA Park, OlenMar, and Summer Glen. As of: 08/27/14 KENT W 0.. PUBLIC WORKS AGREEMENT between City of Kent and Knotty Tree Service THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Knotty Tree Service organized under the laws of the State of Washington, located and doing business at PO Box 473, South Prairie, WA 98385, Phone: (206) 605-9352, Contact: Glenn Thompson (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: The Contractor shall remove trees at the following locations: 1. Tudor Square - 11305 SE 2691h St. 2. Pheasant's Hollow HOA Park - 24419 127�h Ave. SE 3. GlenMar - 21734 123'd Ave. SE 4. Summer Glen - 22025 1291h PI. SE For a description and Contractor's proposal, see Exhibit A which is attached and incorporated by this reference. Contractor 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 such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I by November 20, 2017. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Eight Thousand, Five Hundred Ninety One Dollars ($8,591.00), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor ninety percent (90%) of the Contract amount upon completion and acceptance of the work by the City, or at such earlier time as the City may determine is appropriate. The City will pay the remaining Contract amount upon fulfillment of the conditions listed below and throughout this Agreement. A. No Payment and Performance Bond. Because this contract, including applicable sales tax, is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and PUBLIC WORKS AGREEMENT - 1 ($20K or Less and No Performance Bond) the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. C. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED, IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor 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 Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor 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 Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. PUBLIC WORKS AGREEMENT - 2 ($20K or Less and No Performance Bond) B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. PUBLIC WORKS AGREEMENT - 3 ($20K or Less and No Performance Bond) At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall promptly correct all defects in workmanship and materials: (1) when Contractor knows or should have known of the defect, or (2) upon Contractor's receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. PUBLIC WORKS AGREEMENT - 4 ($20K or Less and No Performance Bond) XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of-race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor 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. XII. INDEMNIFICATION. Contractor 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 Contractor'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 Contractor'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 Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, and Contractor's liability accruing from that obligation shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor 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 Contractor's part, then Contractor 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 Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor 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. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor 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 Contractor's own risk, and Contractor 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. XV. 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 PUBLIC WORKS AGREEMENT - 5 ($20K or Less and No Performance Bond) Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII 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 Contractor. 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 Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor'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 Contractor 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 Contractor 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 Contractor 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. PUBLIC WORKS AGREEMENT - 6 ($20K or Less and No Performance Bond) K. Counter arts 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 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. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: CITY OF (CENT: I A, By: By: L ' _(sicna ure) (signature) Print Name: tdl e� 043 Print Name: David A. Brock, P.E. Its �"J'J' Its: lepu Director Operations Manager (title) DATE- DATE: 7, NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF (CENT: Glenn Thompson Timothy 3. LaPorte, P.E. Knotty Tree Service City of Kent PO Box 473 220 Fourth Avenue South South Prairie, WA 98385 Kent, WA 98032 (206) 605-9352 (telephone) (253) 856-5500 (telephone) (253) 856-6500 (facsimile) Knotty Tree Service-Tree Removat(Sept 17)/Mdntcsh PUBLIC WORKS AGREEMENT - 7 ($20K or Less and No Performance Bond) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: �I For: k n 4:+ j 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 BIDDER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded. The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (August 8, 2017), the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Knotty Tree Service By: kv�"' " Signature of Authorized Official* Printed Name: Ann 7�o�41tj)✓+ Title: Ow�►e! Date: q- LS- I-7 City and State: �uC ��V *If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. BIDDER RESPONSIBILITY CRITERIA - 1 EXHIBIT A City of Kent vegetation Management Free Removal Scope of Work 1. Contractor must pay prevailing wage. 2. Contractor must be ISA certified, line certified when needed. 3. Contractor must provide flaggers and traffic control where needed. { 4. Proof of insurance or bonding will be required. 5. Contractor is responsible for contacting homeowner for access where needed. 6. Contractor must arrange for any phone/cable/etc. line drops if required. Site locations: Tudor Square 11305 SE 269th ST.- cut and remove 1 large cottonwood tree. WO32224 Pheasant's hollow HOA park 24419 127th Ave. SE- prune back large branch on cottonwood leaning towards house. Cut leaning tree in backyard, leave in wetland. WO30867 GlenMar 21734123rd Ave. SE- 5 leaning trees toward house on north side, cut and leave in wetland, prune branches leaning towards back side of house. WO31728 Summer Glen across from 22025 129th pl. SE- 7 trees cut and full removal. Each job site needs to be drawn up and priced as separate bids otherwise will not be considered. * * * * * * * * Please contact Joe Codiga 253-856-5674 Or Heather McIntosh 253-740-0436 if you have any further questions about the above work. Send bids to hmcintosh@kentwa.gov 072517 Knotty Tree Service PROPOSAL PO BOX 473 South Prairie,WA 98385 Phone 206.606.9352 DATE:8-8-17 TO: FOR: City of Kent Tree Removals DESCRIPTION HOURS RATE AMOUNT 11305 SE 269'"ST—cut down large cottonwood tree, haul away all 2,450.00 debris,full clean up 24419 127`"Ave SE—cut down leaning cottonwood tree, remove 2 950.00 large branches towards house, leave all debris in greenbelt 217341230 Ave SE—cut 5 leaning trees and 2 others in back,also 1,750.00 cut lower branches, leave all debris in wetland area Across from 22025 129`" PL SE—cut down 7 trees,chip all debris, 2,550.00 full clean up All jobs listed above done as 1 large project 7,100.00 Applicable TAX will be added TOTAL g Thank you for the opportunity to work with you on this project. Glenn EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. 2. 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. Page 1 of 18 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES, listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. .................. Journey Level Prevailing Wage Rates for the Effective Date: 9/20/2017 Count Trade Job Classification e Holiday Overtime Note King Asbestos Abatement Workers Journey Level $46.57 5D 1 H King Boilermakers Journey Level $64.54 5N 1C King Brick Mason Journey Level $55.82 5A im King Brick Mason Pointer-Caulker-Cleaner $55.82 5A im King Building Service Employees Janitor $23,73 5S 2F King Building Service Employees Traveling Waxer/Shampooer $24.18, 55 2F King Building Service Employees Window Cleaner (Non- $27.23 5S 2F Scaffold) King Building Service Employees Window Cleaner (Scaffold) $28.13, 5S 2 King Cabinet Makers (in Shop) Journey Level $22,741 1. King Carpenters Acoustical Worker $57.18 5D 4C King Carpenters Bridge, Dock And Wharf $57.18 5D 4C Carpenters King Carpenters Carpenter $57.18 5D 4C King Carpenters Carpenters on Stationary Tools $57.31 5D 4C King Car n enters rs Creosoted Material $57.28 5D 4C King La�nters Floor Finisher $57.18 5D 4C King Carpenters Floor Layer $57.18 5D 44CC King Carpenters e�rs Scaffold Erector $57.18 5D 4 King Cement Masons Journey Level $55.56 7A Im King Divers Et Tenders Bell/Vehicle or Submersible $110.54 5D 4C Operator (Not Under Pressure) King Divers Et Tenders Dive Supervisor/Master $72,97, 5D 4C King Divers Et Tenders Diver $110,541 5D 4C 8V King Divers EL Tenders Diver On Standby $67.97 5D 4C King Divers Et Tenders Diver Tender $61.65 5D 4C King Divers Et Tenders Manifold Operator $61.65 51J 4C King Divers, Et Tenders Manifold Operator Mixed Gas $66.65 5D 4C King 'Divers Et Tenders Remote Operated Vehicle $61.65 5D 4C Operator/Technician King ''Divers Et Tenders $57.43 5A 4C https://fortress.wa.gov/Ini/wagelookup/prvWagelooku,p.aspx 9/20/2017 Page 2 of 18 Remote Operated Vehicle Tender King Dredge Workers Assistant Engineer $56.44 5D 3F King Dredge Workers Assistant Mate (Deckhand) $56.00 5D King Dredge Workers Boatmen $56.44 5D 3F King Dredge Workers Engineer,Welder $57.51 5D 3F King Dredge Workers Leverman, Hydraulic $58.67 5D 3F King Drgggg_VqEkers Mates $56.441 5D 3F King Dredge Workers Oiler $56.00 5D 33FF King Drywall Applicator Journey Level $56.78 5D 1 H King Drywall Tapers Journey Level $57.43 5P 1E King Electrical Fixture Maintenance Journey Level $27.99 5L 1 E Workers King Electricians - Inside Cable Splicer $73.20 7C 4E King Electricians - Inside Cable Splicer (tunnel) $78.5,9 7C 4E King Electricians - Inside Certified Welder $70' 75 7C 4E King Electricians - Inside Certified Welder (tunnel) $75.89 7C 4E King, 'Electricians - Inside Construction Stock Person $38.69 7C 4E King Electricians - Inside Journey Level $68.30 7C 4E King Electricians - Inside Journey Level (tunnel) $73.20 7C 4E King Electricians - M212L5hp2 Craftsman $15.37 11 King Electricians - Motor Sha Journey Level $14.69 1 King Electricians - Powerline Cable Splicer $73.93 5A 4D Construction King Electricians - PowerLine Certified Line Welder $67.60 5A 4D Construction King Electricians - Powertine Groundperson $45.49 5A 4D Construction King Electricians - Powertine Heavy Line Equipment $67.60 5A 4D Construction Operator I King Electricians - Powertine Journey Level Lineperson $67.60 5A 4D Construction King Electricians - Powertine Line Equipment Operator $57.02 5 , 4D Construction King Electricians - Powertine Pole Sprayer $67.60 5A 4D Construction King Electricians - Powertine Powderperson $50.76 5A 4D Construction King Electronic Technicians Journey Level $31.00 1 King Elevator Constructor's Mechanic $9039 7D 4A King Elevator Constructors, Mechanic In Charge $100.22 7D 4A King Fabricated Precast Concrete All Classifications - In-Factory $17.20 5B 1R Products Work Only King Fence Erectors Fence Erector $15.18 1 King FtMg_ers Journey Level $39.48 7A 31 King Glaziers Journey Level $60.56 7L ly King Heat & Frost Insulators And Journeyman $67.93 5J 4H, ,Asbestos Workers https://fortress.wa.gov/1 ni/wagelooku p/prvWagelooku p.aspx 9/20/2017 Page 3 of 18 King lHeating Equipment Mechanics Journey Level $78.171 LF I j_E King Hod Carriers Et Mason Tenders Journey Level $48,02 7A 31 King Industrial Power Vacuum Journey Level $11,00 1 Cleaner King Inland Boatmen Boat Operator $59.86 5B 1 K King Inland Boatmen 'Cook $56.18 5B 1 K King Inland Boatmen Deckhand $56.18 5B 1K King Inland Boatmen Deckhand Engineer $57.26 5B IK King Inland Boatmen Launch Operator $58.59 5B 1K King Inland Boatmen Mate $58.591 5B 1K King Inspection/Cleaning/Seating Cleaner Operator, Foamer $31.49 1 Of Sewer Et Water Systems By Operator Remote Control King Inspection/Cleaning/Seating Grout Truck Operator $11.48 Of Sewer Et Water Systems By Remote Control King Inspection/Cleaning/Seating Head Operator $24,91 Of Sewer Et Water.Systems By Remote Control King Inspection/Cleaning/Seating Technician $1'9.33 Of Sewer Et Wate.r.Systems By Remote Control King Inspection/Cleanings/Sealing Tv Truck Operator $20.45 Of Sewer Et Water Systems B Remote Control King Insulation Applicators Journey Level $57.18 5D 4C King.--- Ironworkers Journeyman $66.68 7N 10 King Laborers Air, Gas Or Electric Vibrating $46.57 7A 31 Screed King Laborers Airtrac Dritt Operator $48.02 7A 31 King Laborers Ballast Regular Machine $46.57 7A 31 King Laborers Batch Weighman $39,48 7A 31 King Laborers Brick Pavers $46.57 7A 31 King Laborers Brush Cutter $46.571 7A 31 King Laborers Brush Hog Feeder $46.57 7A 31 King Laborers Burner $46.57 7A 31 King Laborers Caisson Worker $48.02 7A 31 King Laborers Carpenter Tender $46.57 7A 31 King Laborers Caulker $46.57 7A 31 King Laborers Cement Dumper-paving $47.44 7A 31 King Laborers Cement Finisher Tender $46.57' 7A 31 King Laborers Change House Or Dry Shack $46.57 7A 31 King Laborers Chipping Gun (under 30 Lbs.) $46.57 7A 31 King Laborers Chipping Gun(30 Lbs. And $47.44 7A 31 Over) King Laborers Choker Setter $46.571 7A 31 King Laborers Chuck Tender $46,57 7A 31 King I Laborers IClary Power Spreader $47.44 7A 31 https://fortress.wa.gov/1nii/wagelookup/prvWageIookup.aspx 9/20/20'17 Page 4 of 18 King Laborers IClean-up Laborer 1 $46.571 ZA 1 31 King Laborers Concrete Dumper/chute $47.44 7A I Operator King Laborers Concrete Form Stripper $46,57 7A 31 King Laborers Concrete Placement Crew $47,44 7A 31 King Laborers Concrete Saw Operator/core $47.44 7A 31 Driller King Laborers Crusher Feeder $39.48 7A 31 King Laborers Curing Laborer $46.57 7A 31 King Laborers Demolition: Wrecking Et $46.57 7A 31 Moving (incl. Charred Material) King Laborers Ditch Digger, $46.57 7A 31 King Laborers Diver $48.02 7A 31 King Laborers Drill Operator $47.44 7A 31 (hyd rau tic,diamond) King Laborers Dry Stack Watts $46.57 7A 31 King Laborers Dump Person $46.57 7A 31 King Laborers Epoxy Technician $46.57 7A 31 King Laborers Erosion Control Worker $46.57 7A 31 King Laborers Faller Et Bucker Chain Saw $47.44 7A 311 King Laborers Fine Graders $46,57 7A 31 King Laborers Firewatch $39.48 7A 31 King Laborers Form Setter $46,571 7A 31 King Laborers Gabian Basket Builders $46.57 7A 31 King Laborers General Laborer $46.57 7A 31 King Laborers Grade Checker Et Transit $48.02 7A 3l Person King Laborers Grinders $46.57 7A 31 King Laborers Grout Machine Tender $46.57 7A 31 King Laborers GrOUtmen (pressure)including $47.44 7A 31 Post Tension Beams King Laborers Guardrail Erector $46.57 7A 31 King Laborers Hazardous Waste Worker $48.02 7A 31 (level A) I King Laborers Hazardous Waste Worker $47.44 7A 31 (level B) King Laborers Hazardous Waste Worker $46.57 7A 31 (level C) King Laborers High Scaler $48.02 7A 31 King Laborers Jackhammer $47.44 7A 31 King Laborers Laserbearn Operator $47.44 7A 31 King Laborers Maintenance Person $46,57 7A 31 King Laborers Manhole Builder-mudrnan $47.44 7A 31 King Laborers Material Yard Person $46.57 7A 31 King Laborers Motorman-dinky Locomotive $47.44 7A 31 King Laborers Nozzleman (concrete Pump, $47.44 7A 31 Green Cutter When Using I https://fortress.wa.gov/1ni/wagelookup/prvVWagelookup.aspx 9/20/2017 Page 5 of 18 Combination Of High Pressure Air It Water On Concrete Et Rock, Sandblast, Gunite, Shotcrete, Water Bla King Laborers Pavement Breaker $47.44 7A 31 King Laborers Pilot Car $39.48 7A 31 ----=----------- King Laborers Pipe Layer Lead $48.02 7A I King Laborers Pipe Layer/tailor $47.44 7A 31 King Laborers Pipe Pot Tender $47.44 7A 31 King Laborers Pipe Reliner $47.44 7A 31 King Laborers Pipe Wrapper $47,44 7A 31 King Laborers Pot Tender $46.57 7A 31 King Laborers Powderman $48.02 7A 31 King Laborers Powderman's Helper $46.57 7A 3,1 King Laborers Power Jacks $47.441 7A 31 King Laborers Railroad Spike Putter - Power $47.44 7A 31 King Laborers Raker - Asphalt $48.02 7A 31 King Laborers Re-timberman $48.02 7A 31 King Laborers Remote Equipment Operator $47,44 7A 3V King Laborers Rigger/signal Person $47.44 7A 31 King Laborers Rip Rap Person $46.57 7A King Laborers Rivet Buster $47.44 7A 31 King Laborers Rodder $47.44 7A 31 King Laborers Scaffold Erector $46.57 7A 31 King Laborers, Scale Person $46.57 7A 31 King Laborers Stoper (over 20") $47.44 77A 31 King Laborers Stoper Sprayer $46.57 7A 31 King Laborers Spreader (concrete) $47.44 7A 31 King Laborers Stake Hopper $46.57 7A 31 King, Laborers Stock Piter $46.57 77A .31 King Laborers Tamper EL Similar Electric, Air $47.44 7A 31 Et Gas Operated Toots King Laborers Tamper (multiple Et Self- $47.44 7A 31 propelted) King Laborers Timber Person - Sewer $47.44 7A 31 (bagger, Shorer Et Cribber) King Laborers Toolroom Person (at Jobsite) $46.57 7A 31 King Laborers Topper $46.57 7A 31 King Laborers Track Laborer $46.57 7A 31 King Laborers Track Liner (power) $47.44 7A 31 King Laborers Traffic Control Laborer $42.22 7A 31 8R King Laborers Traffic Control Supervisor $42.22 7A 31 8R King Laborers Truck Spotter $46.57 7A 31 King Laborers Tugger Operator $47.44 7A 31 King Laborers Tunnel Work-Compressed Air $92,60 7A 31 8Q Worker 0-30 psi King Laborers $97.63 7A 31 8Q https://fortress,wa.gov/Ini/wagdookup/prvWagelookup.aspx 9/20/20,17 Page 6 of 18 Tunnel Work-Compressed Air Worker 30.01-44.00 psi King Laborers Tunnel Work-Compressed Air $101.31 7A 31 Worker 44.01-54.00 psi King Laborers Tunnel Work-Compressed Air $107.01 7A 31 8Q Worker 54,01-60.00 psi King Laborers Tunnel Work-Compressed Air $109A3 7A 31 Worker 60.01-64.00 psi King j Laborers Tunnel Work-Compressed Air $114.23 7A 31 Worker 64,01-68.00 psi King Laborers Tunnel Work-Compressed Air $116.13 7A 31 80 Worker 68.01-70,00 psi King Laborers Tunnel Work-Compressed Air $118.13 7A 31 8Q Worker 70.01-72.00 psi King Laborers Tunnel Work-Compressed Air $120A3 7A 31 8Q Worker 72,01-74.00 psi King Laborers Tunnel Work-Gunge and Lock $48.12 7A 31 Tender King Laborers Tunnel Work-Miner $48.12 7A 31 King Laborers Vibrator $47.44 7A 31 King Laborers Vinyl Seamer $46.57 7A 31 King Laborers Watchman $35.88 7A 31 King Laborers Welder $47.44 7A 31 King Laborers 'Well Point Laborer $47.44 7A 31 King Laborers Window Washer/cleaner $35.88 7A 31 King Laborers - Underground Sewer General, Laborer It Topman $46.57 7A 31 It Water King Laborers - Underground Sewer Pipe Layer $47.44 7A 31 Et Water King Landscape Construction Irrigation Or Lawn Sprinkler $13.56 1 Installers King Landscape Construction Landscape Equipment $28.17 Operators Or Truck Drivers King Landscape Construction Landscaping or, Planting $17.87 1 Laborers King Lathers Journey Level $56.78 5D 1H King Marble Setters Journey Level $55.82 5A im King Metal Fabrication jtalb2 Fitter $15.86 1 King Metal Fabrication_(In Shop) Laborer $11.00 1 King Metal Fabrication (In Shop1 Machine Operator $13,04 1 King Metal Fabrication In Shop) Painter $11.101 1 King Metal FabricatjgLLtg_5hppj Welder $15.48 1 King Millwright Journey Level $58.68 51J 4C King Modular BuildiaLs Cabinet Assembly $11.56 1 King Modular Buildings Electrician $11.56 1 King Modular Buildings Equipment Maintenance $11.56 1 King Modular Buildings Plumber $11.56 1. King Modular BuflcliaLs Production Worker $11,00 1 https://fortress.wa.gov/lni/wageVookup/prvWagelookup.aspx 9/20/2017 Page 7 of 18 King IModular Buildings Tool. Maintenance $11.561 1 1 King Modular BuildiELs Utility Person $11.56 1. King Modular Buildings Welder $11.56 1 King Painters Journey Level $41.60 6Z 2B King Pile Driver Crew Tender $52.37 5D 4C King Pile Driver Hyperbaric Worker - $71.35 5D 4C Compressed Air Worker 0-30.00 PSI King Pile Driver Hyperbaric Worker - $76.35 5D 4C Compressed Air Worker 30,01 • 44.00 PSI King Pile Driver Hyperbaric Worker - $80.35 5D 4C Compressed Air Worker 44.01 - 54.00 PSI King Pile Driver Hyperbaric Worker - $85,35 5D 4C Compressed Air Worker 54.01 - 60.00 PSI King Pile Driver Hyperbaric Worker - $UM 5D 4 Compressed Air Worker 60.01 - 64.00 PSI King Pile Driver Hyperbaric Worker - $92,85 5D 4C Compressed Air Worker 64.01 - 68.00 PSI King Pile Driver H'yperbaric Worker - $94.85 5D 4C Compressed Air Worker 68.01 - 70.00 PSI King Pile Driver Hyperbaric Worker - $96,85 5D 4C Compressed Air Worker 70.01 - 72.00 PSI King Pile Driver Hyperbaric Worker - $98.85 5D 4C Compressed Air Worker 72.01 - 74.00 PSI King Pile Driver Journey Level $57.43 5D 4C King Plasterers Journey Level $5120 7Q 1R King Playground Et Park Equipment Journey Level $11.00 1 Installers King Plumbers Et Pig2fitters Journey Level $79,69 6Z JG King Power Equipment Operators Asphalt Plant Operators $60.49 ZA 3C 8P King Power Equipment Operators Assistant Engineer $56.90 7A 3C 8P King Power Equipment Operators Barrier Machine (zipper) $59.96 7A 3C 8P King Power Equipment Operators Batch Plant Operator, $59.96 7A 3C 8P Concrete King Power Equipment Operators Bobcat $56.90 7A 3C 8P King Power Equipment Operators Brokk - Remote Demolition $56.90 7A 3C 8P Equipment King Power Equipment Operators Brooms $56.90 7A 3C 8P King Power Eguipment Operators Bump Cutter $59.96 7A X M King Power Equipment Operators Cableways $60.49 7A 3C 78P _7 King Power Equipment gp.erators Chipper $59.96 7A 3C 8P King Power Equipment Operators Compressor $56.90 7A X 8P https://fortress,wa.gov/1n i/wagelooku p/prvWagelookup aspx 9/20/2017 Page 8 of 18 King Power Eguipment Operators Concrete PLIMp: Truck Mount $60.49 7A 3C 8P With Boom Attachment Over 42 M I King Power, Equipment Operators Concrete Finish Machine -laser $56.90 7A 3C 8P Screed King Power Equipment Operators Concrete Pump - Mounted Or $59,49 7A 3C 88P Trailer High Pressure Line Pump, Pump High Pressure. King Power Equipment Operators Concrete Pump: Truck Mount $59.96 7A 3C 8P With Boom Attachment Up To 42m King Power Equipment Operators Conveyors $59.49 7A 3C 8P King Power EgUipment Operators Cranes Friction: 200 tons and $62,33 77A 3C 8P over King Power Equipment Operators Cranes: 20 Tons Through 44 $59.96 7A 3C 8P Tons With Attachments King Power Equipment Operators Cranes: 100 Tons Through 199 $61.10 7A 3,C 8P Tons, Or 150' Of Boom (including Jib With Attachments) King Power Equipment Operators Cranes: 200 tons- 299 tons, or $61.72 7A 3C 88P 250' of boon) including jib with attachments King Power Equipment Operators Cranes: 300 tons and over or $62.33 7A 3C 8P 300' of boom including jib with attachments King Power Equipment Operators Cranes: 45 Tons Through 99 $60.49 7A 3C 8P Tons, Under 150' Of Boom (including Jib With Attachments) King Power Equipment Operators Cranes: A-f rame - 10 Tons And $56.90 7A 3C 8P Under King Power Eguipment Operators Cranes: Friction cranes $61.72 7A 3C 8P through 199 tons King Power Equipment Operators Cranes: Through 19 Tons With $59.49 7A 3,C 8P Attachments A-frame Over 10 Tons King Power Eguipwent Operators Crusher $59.96 7A X 88P King Power Equipment Operators Deck Engineer/deck Winches $59.96 7A 3C 8P (power) King Power Equipment Operators, Derricks, On Building Work $60.49 7A 3C 8P King Power Equipment Operators Dozers D-9 EL Under $59.49 7A 3C 8P King Power Equipment Operators Drill Oilers: Auger,Type, Truck $59.49 7A 3C 8P Or Crane Mount King Power Equipment Operators Drilling,Machine $61.10 7A 3C 8P King Power Equipment Operator's Elevator And Man-lift: $56.90 77A 3C 8P Permanent And Shaft Type King Power Eguipment Operators_ Finishing Machine, Bidwell $59.96 7A 3C 8P And Gamaco Et Similar Equipment King Power Equipment Operators Forklift: 3000 Lbs And Over 3C 8P With Attachments $59,49 7A https://fortress.wa.gov/Ini/wageIookup/prvWageIookup.aspx 9/20/2017 Page 9 of 18 King Power Eguipmeat Operators Forklifts: Under 3000 Lbs. $56.90 7A X 8P 1 �With Attachments King Power Equipment Operators Grade Engineer: Using Blue $59.96 7A 3C 8P Prints, Cut Sheets, Etc King Power Equipment Operators Gradechecker/stakeman $56.90 7A X 8P King Power Equipment Operator's Guardrail Punch $59.96 7A X LP King Power Equipment Operators Hard Tait En 8Pd Dump $60.49 7A 3C Articulating Off- Road Equipment 45 Yards. Et Over King Power Equipment Operators Hard Tait End Dump $59.96 7A 3C 88P Articulating Off-road Equipment Under 45 Yards King Power Equipment Operators Horizontal/directional Drill $59.49 7A 3C 8P Locator King Power Equipment Operators Horizontal/directional Drill $59.96 7A 3C 88P Operator King Power Equipment Operators Hydralifts/boom Trucks Over $59.49 7A 3C 8P 10 Tons King Power Eguipmeat Operators Hydratifts/boom Trucks, 10 $56.90 7A 3C 8P Tons And Under King Power Equipment Operators Loader, Overhead 8 Yards. Et $61.1110 7A 3C 8P Over King Power Equipment Operators Loader, Overhead, 6 Yards. $60.49 7A 3C 8P But Not Including 8 Yards King Power Equipment Operators Loaders, Overhead Under 6 $59.96 7A X 8P Yards King Power Equipment Operators Loaders, Plant Feed $59,96� 7A X 8P King Power Equipment Operators Loaders: Elevating Type Belt $59.49� 7A 3C 8P King Power Equipment Operators Locomotives, All, $59.961 7A 3C 8P King Power Equipment Operators Material Transfer Device $59.96 77A X 8P King Power Equipment Operators Mechanics, All (teadmen - $61.10 7A IC 8P $0.50 Per Hour Over Mechanic) King Power EquipDIgat Operator�s Motor Patrol Graders $60.49 7A— 3C 8P King, Power E_qLjjpDjent.qpgrators Mucking Machine, Mote, $60.49 7A 3C 8P Tunnel Drill, Baring, Road Header And/or Shield King Power Equipment Operators Oil Distributors, Blower $56.90 7A 3C 8P Distribution Et Mulch Seeding Operator King Power Equipment Operators Outside Hoists (elevators And $59.49 77A 3C 8P Manlifts), Air,Tugger's,strato King Power Equipment Operators Overhead, Bridge Type Crane: $59.96 7A 3C 8P 20 Tons Through 44 Tons King Power Equipment Operators Overhead, Bridge Type: 100 $61.10 7A X LP Tons And Over King Power Eguipment Operators Overhead, Bridge Type: 45 $60.49 7A 3C 8P Tons Through 99 Tons King Power Eguipment Operators Pavement Breaker $56.90 77A 3C 8P King Power Equipment Operators Pile Driver (other Than Crane $59.96 7A 3C 8P Mount) I https://fortress.wa.gov/Irei/wagelookup/prvWagelookup.aspx 9/20,/2017 Page 10 of 18 King jPower Eguipment Operators Plant Oiler - Asphalt, Crusher $59,491 ZA I 3C 1 8P King Power Equipment Operators Posthote Digger, Mechanical $56,90 7A 3C 8P King Power Equipment Operators Power Plant $56.90 LA 3C 8P King Power Equipment Operators Pumps - Water $56.90 7A X 8P King Power Equipment Operators Quad 9, Hd 41, D10 And Over $60.49 7A X 8P King Power Equipment Operators Quick Tower - No Cab, Under $56,90i 7A X 8P 100 Feet In Height Based To Boom King Power Equipment Operators Remote Control Operator On $60A9 7A X 8P Rubber Tired Earth Moving Equipment King Power Equipment Operators Rigger And Bellman $56.90 7A 3C 8P King Power Equipment Operators Rigger/Signat Person, Beltman $59.49 7A 3C 8P (Certified) King Power Equipment Operators Rottagon $60.49 7A 3C 8P King Power Equipment Operators Roller, Other Than Plant Mix $56.90 7A 3C 8,P King Power Equipment Operators Roller, Plant Mix Or Mutti-lift $59.49 7A 3C 8P Materials King Power, Equipment Operators ROLO-mill, Roto-grinder $59.96 7A 3C 8P King Power Equipment Operators Saws - Concrete $59.49 7A 3C ap King Power Eguipment Operators Scraper, Self Propelled Under $59.96 7A 3C 8P 45 Yards King Power Eguipment Operators Scrapers - Concrete Et Carry $59.49 7A X 8P Alt King Power Equipment Operators Scrapers, Setf-propelled: 45 $60.49 7A X 81? Yards And Over King Power, Equipment Operators Service Engineers - Equipment $59,49 7A 3C 8P King Power Equipment Operators Shotcrete/gUnite Equipment $56.90 7A 3C 8P King Power Equipment Operators Shovel , Excavator, Backhoe, $59.49 7A 3C 813 Tractors Under 15 Metric Tons. King Power Equipment Operators Shove[, Excavator, Backhoe: $60.49 7A X 8P, Over 30 Metric Tons To 50 Metric Tons King Power Eguipmeant Operators Shovel, Excavator, Backhoes, $59.96 7A 3C 8P Tractors: 15 To 30 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes: $61.10 7A X 8P Over 50 Metric Tons To 90 Metric Tons King Power, Equipment Operators, Shove(, Excavator, Backhoes: $61.72� 7A X 8P Over 90 Metric Tons King Power Equipment Operators Slipform Pavers $60.491 7A 3C 8P King Power Equipment Operators Spreader, Topsider Ft $60.49 7A 3C 8P Screedman King Power Eguipment Operators Subgrader Trimmer $59.96 7A 3C 8P King Power Equipment Operators Tower Bucket Elevators $59A9 7A 3C 8P King Power EgUipment Operators Tower Crane Up To 175' In $61.10 7A 3C 8P Height Base To Boom King Power Equipment,Operators $61.72 7A 3C 8P https://fortress.wa.gov/1ni/wagelookup/prvWagelookup.aspx 9/20/2017 Page 11 of 18 Tower Crane: over 175' through 250' in height, base to boom King Power Equipment Operators Tower Cranes: over 250' in $62.33 7A 3C 8P height from base to boom —1 King Power Equipment Operators Transporters, All Track Or $60.49 7A 3C 8P Truck Type King Power Equipment Operators Trenching Machines $59.49 7A 3C 8P King Power Equipment Operators Truck Crane Oiler/driver - 100 $59.96 7A 3C 8P Tons And Over King Power Equipment Operators Truck Crane Citer/driver $59,49� 7A X 81 Under 100 Tons King Power Equipment Operators Truck Mount Portable $59.96 7A X 8P Conveyor King Power EgUipmeat Operators Welder $60.49 7A 3C 8P King Power Equipment Operators Wheel Tractors, Farmall Type $56.90 7A 3C 8P_ King Power Equipment Operators Yo Yo Pay Dozer $59.96 7A 3C 8 King Power Equipment Operators- Asphalt Plant Operators $60.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Assistant Engineer $56.90 7A 3C 8P Underground Sewer EL Water King Power Equipment Operators- Barrier Machine (zipper) $59.96 7A 3C 8P Underground Sewer Et Water King Power,Eguipmeat Operators- Batch Plant Operator, $59.96 7A 3C 8P Underp,round Sewer EL Water Concrete King Power Equipment Operators- Bobcat $56.90 7A 3C ap Underground Sewer Et Water King Power Equipment Operators- Brokk - Remote Demolition $56.90 7A 3C 8P Underground Sewer Ft Water Equipment King Power Equipment Operators- Brooms $56.90 7A 3C 8P Underground Sewer Et Water King Power Eguipanent Operators- Bump Cutter $59.96 7A X 8P Underground Sewer Et Water King Power Equipment Operators- Cableways $60.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Chipper $59,96 7A 31C 8P Underground Sewer Et Water King Power Equipment Operators- Compressor $56.90 7A 3C 8P —C Underground Sewer Et Water King Power Equipment Operators- Concrete Pump: Truck Mount $60.49 7A X 8P Underground Sewer Et Water With Boom Attachment Over 42 M King Power Equip meat gperatnors- Concrete Finish Machine -laser $56.90 7A 3C 8P Underp,round Sewer 8t Water Screed King Power Equipment Operators- T Concrete Purnp - Mounted Or $59.49 7A 3C 8P Underground Sewer Et Water Trailer High Pressure Line Pump, Pump High Pressure. King Power Equipment Operators- Concrete Pump: Truck Mount $59,96 7A 3C 8P Underground Sewer &Water With Boom Attachment Up To I 42m King I Conveyors $59.49 7A 3C 8P https://fortress.wa.gov/1ni/wagelookup/prvWagelookup.aspx 9/20/2017 Page 12 of 18 Power Equipment Operators- Underground Sewer &Water King Power Equipment Ciperators Cranes Friction: 200 tons and $62.33 7A X 8P Underground Sewer Et Water over King Power Equipment Operators- Cranes: 20 Tons Through 44 $59.96 7A X 8P Underground Sewer Et Water Tons With Attachments I King Power Equipment_Operators- Cranes: 100 Tons Through 199 $61.10 7A X 8P Underground Sewer Et Water Tons, Or 150' Of Boom (Including Jib With Attachments) King Power Equipment Operators- Cranes: 200 tons- 299 tons, or $61,72 7A 3C 8P Underground Sewer Et Water 250' of boom including jib with attachments King Power Equipment Operators- Cranes: 300 tons and over or $62.33 7A 3C 8P Underground Sewer Et Water 300' of boom including jib with attachments King Power Eguipmeat Operators- Cranes: 45 Tons Through 99 $60.49 7A X 8P Underground Sewer Et Water Tons, Under, 150' Of Boom (including Jib With Attachments) King Power Eguipment Operators- Cranes: A-frame - 10 Tons And $56.90 7A 3C 8P Underground Sewer Et Water Under King Power Cranes: Friction cranes $61,72 7A X 8P Underground Sewer Et Water through 199 tons King Power Equipment Operators: Cranes: Through 19 Tons With $59.49 7A 3C 8P Underground Sewer Et Water Attachments A-f rame Over 10 Tons King Power,Equipment Operators- Crusher $59,96 7A 3C 8P Under round Sewer Et Water King Power Equipment Operators- Deck Engineer/deck Winches $59.96 7A 3C 8P Underground Sewer Et Water (power) King Power,.Eguipmeat Operators- Derricks, On Building Work $60.49 7A 3C 8P -1 Underground Sewer Et Water King Power Equipment Operators- Dozers D-9 Et Under $59.49 7A 3C 8P Undergr ound Sewer EL Water King Power Equipment Operators- Drill Oilers: Auger Type, Truck $59.49 7A X 8P Underground Sewer Et Water Or Crane Mount King Power Equipment Operators- Drilling Machine $61.10 7A X 8P Underground Sewer Et Water King Power EQUipment Operators- Elevator And Man-lift: $56.90 7A X SP Underground Sewer Et Water Permanent And Shaft Type g King Power Eouiornent-Operators- Finishing Machine, Bidwell $59,96 7A X 8P Underground Sewer Et Water And Gamaco Et Similar Equipment King Power Eguipmeat Operators- Forklift: 3000 Lbs And Over, $59.49 7A 3C 8P Underground Sewer Et Water With Attachments King Power E_quipment Operators- Forklifts: Under 3000 Lbs. $56.90 7A 3C 8P Under round Sewer Et Water With Attachments King Power Equipment Operators- Grade Engineer: Using Blue $59,91 7A 3C 8P Underground Sewer Et Water Prints, Cut Sheets, Etc King Power Equipment Operators- Gradechecker/stakernan $56.90 7A 3C 8P Underground Sewer Et Water https://fortress.wa.gov/fn,i/wagelookup/prvWVogelookup.a px 9/20/2017 Page 13 of 18 King Power EquipmenL Operators. :Guardrail Punch $59.96 7A 3C 8P lUnderground Sewer Et Water King Power Equipment Operators- Hard Tait End Dump $60.49 7A 3C 8P Underground Sewer & Water Articulating Off- Road Equipment 45 Yards. Et Over King Power, Equipment Operators- Hard Tait End Dump $59.96 7A 3C 8P Underground Sewer Et Water Articulating Off-road Equipment Under 45 Yards King Power Equipment Operators- Horizontal/directional Drill $59.49 7A 3C 8P Underground Sewer Et Water Locator King Power Equipment Operators- Horizontal/directional Drill $59.96 7A 3C 8P Underground Sewer Et Water Operator King Power.Eguipment Operators- Hydralifts/boom Trucks Over $59.49 7A 3C 8P Underground Sewer Et Water 10 Tons King Power Equipment Operators- Hydratifts/boom Trucks, 10 $56.90 7A 3C 8P Underground Sewer Et Water Tons And Under King Power Equipment Operators- Loader, Overhead 8 Yards. Et $61.10 7A 3C 8P Underground Sewer a Water Over King Power EqUipm.ent_Operato.rs- Loader, Overhead, 6 Yards. $60.49 7A 3C 8P Underparound Sewer Et Water But Not Including 8 Yards King Power EQLIip�nt C�perators- Loaders, Overhead Under 6 $59,96 7A 3C 8P Underground Sewer Et Water Yards King Power Equipment Operators- Loaders, Plant Feed $59.96 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Loaders- Elevating Type Belt $59.49 7A 3C 8P Underground Sewer Et Water King Power (Equipment Operators- Locomotives, All $59.96 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Material Transfer Device $59.96 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Mechanics, All ([eadmen - $61.10 7A 3C 8P Underground Sewer Et Water $0.50 Per Hour Over Mechanic) j King Power,Eguipment.Operators- Motor Patrol. Graders $60.49 7A 3C 8P Underground Sewer Et Water King Power E,9LJjpwent Operators- Mucking Machine, Mole, $60.49 7A 3C 8P Underground Sewer Et Water ,Tunnet Drill, Boring, Road Header And/or Shield King Power Equipment Operators- Oil Distributors, Blower $56.90 7A 3C 8P Underground Sewer Et Water Distribution Et Mulch Seeding Operator King �Power Equipment Operators- Outside Hoists (elevators And $59.49 7A 3C 8P !Underground Sewer Et WaLer= Mantifts), Air Tuggers,strato King Power Equipment Operators- Overhead, Bridge Type Crane: $59,96 7A 3C 8P 'UndergrOUnd Sewer Et Water 20 Tons Through 44 Tons King Power Equipment Operators- Overhead, Bridge Type: 100 $61,10 7A 3C 8P Underground Sewer Et Water Tons And Over King Power Equipment Operators- Overhead, Bridge Type: 45 $601.49 7A 3C 8P UndergrOUnd Sewer Et Water Tons Through 99 Tons King Power Equipment Operators- Pavement Breaker $56,901 7A 3C 8P Underground Sewer Et Water King $59.96 7A 3C 8P https://fortress..wa.gov/Ini/wagelookup/prvWagelookup.a px 9/20/2017 Page 14 of 18 Power Equipment Operators- Pile Driver (other Than Crane Underground Sewer a Water Mount) King Power Equipment Operators- Plant Oiler - Asphalt, Crusher $59.49 7A 3C 8P Underground Sewer & Water King Power EgUipment Operators- Posthote Digger, Mechanical $56.90 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators-- Power Plant $56.90 7A 3C 8P Underground Sewer Et Water I I King Power Equipment Operators. Pumps - Water $56.90 7A 3C 8p Underground Sewer Et Water King Power Equipment Operators- Quad 9, lid 41, D10 And Over $60.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Quick Tower - No Cab, Under $56.90 7A 3C 8P Underground Sewer Et Water 100 Feet In Height Based To Boom King Power Equipment Operators- Remote Control Operator On $60.49 7A 3C 8P Underground Sewer Et Water Rubber Tired Earth Moving Equipment King Power Equipment,0perators.-I Rigger And Beltman $56.90 7A 3C 8P Underground Sewer It Water King Power Equipment Operators- Rigger/Signal Person, Bellrnan $59.49 7A 3C 8P Underground Sewer Et Water (Certified) King Power Equipment Operators- Rollagon $60.49 7A 3C 8P Under round Sewer Et Water King Power Equipment Operators- Roller, Other Than Plant Mix $56,90 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Roller, Plant Mix Or Multi-lift $59.49 7A X 8P Underground Sewer Et Water Materials King Power Equipment Operators- Roto-mill, Roto-grinder $59.96 7A 3C 8p, Under ground.Sewer Et Water King Power Equipment Operators- Saws - Concrete $59.49 7A 3C 8P Underground Sewer EL Water King Power Egui gent.-Ogerators- Scraper, Self Propelled Under $59.96 7A X 8P Underground Sewer Et Water 45 Yards King Power Equipment Operators- Scrapers - Concrete Et Carry $59.49 7A X 8P Under ground,Sewer Et Water Alt King Power 5quipment Operators- Scrapers, Self-propelled: 45 $60.49 7A 3C 8P Underground Sewer Et Water Yards And Over King Power Equipment Operators- Service Engineers - Equipment $59.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Shotcrete/gunite Equipment $56.91� 7A IC IP Under rou nd,Sewer Et Water King Power Equipment Operators- Shovel , Excavator, Backhoe, $59.49 7A 3C 8P Underground Sewer Et Water Tractors Under 15 Metric Tons,. King Power Equipment Operators- Shovel, Excavator, Backhoe: $60.49 7A 3C 8P Underground Sewer Et Water Over 30 Metric Tons To 50 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes, $59.96 7A 3C 8P Underground Sewer Et Water Tractors: 15 To 30 Metric Tons King Power Equipment Operators- $61.10 7A 3C 8P Underground Sewer Et Water https://fortress.wa.gov/Ini/wageUookup/prvWagelookup.aspx 9/20/2017 Page 15 of 18 Shovel, Excavator, Backhoes: Over 50 Metric Tons To 90 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes: $61,72 7A 3C 8P Underground Sewer Et Water Over 90 Metric Tons King Power Equipment Operators• Slipform Pavers $60.49 7A 3C 8P' Underground 'Sewer Et Water King. Power Equipment Operators- Spreader, Topsider Et $60.49 7A 3C 8P Underground Sewer Et Water Screedman King Power Equipment Operators- Subgrader Trimmer $59.96 7A. 3C 8PP Underground Sewer Et Water King Power Equipment Operators- Tower Bucket Elevators $59.49 7A 3C 8P Underground Sewer Et Water — — — King Power Equipment Operators- Tower Crane Up To 175' in $61.10 7A X 8P Underground Sewer Et Water Height Base To Boom King Power Equipment Operators Tower Crane: over 175' $61.72 7A 3C 8P Underground Sewer Et Water through 250' in height, base to boom King Power Equipment Operators- Tower Cranes: over 250' in $62.33 7A 3C 8P Underground Sewer Et Water height from base to boom — — — King Power Egau Mfpt Operators- Transporters, All Track Or $60.49 7A 3C 8P Underground Sewer Et Water Truck.Type — — King Power Equipment Operators- Trenching Machines $59.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Truck Crane Oiler/driver - 100 $59.96 7A 33CC 8P Underground Sewer Et Water Tons And Over King Power Equipment Operators- Truck Crane Oiler/driver $59.49 7A 3C 8P Underground Sewer Et Water Under 100 Tons King Power Equipment Operators- Truck Mount Portable $59.96 7A X 8P Underground Sewer Et Water, Conveyor King Power Equipment Operators- Welder $60.49 7A 3C 8P Underground Sewer Et Water — — — King Power Equipment Operators- Wheet Tractors, Farmatt Type $56.90 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Yo Yo Pay Dozer $59.96 7A 3C 8P Underground Sewer Et Water King. Power Line Clearance Tree Journey Level in Charge $48.54 5A 4A Trimmers King Power Line Clearance Tree Spray Person $46.03 5A 4A Trimmers King Power Line Clearance Tree Tree Equipment Operator $48.54 5A 4A Trimmers King Power Line Clearance Tree Tree Trimmer $43.32 5A 4A Trimmers King Power Line Clearance Tree Tree Trimmer Groundperson $32.68 5A 4A Trimmers King Refrigeration Et Air Journey Level $75.36 6Z 1G Conditioning Mechanics King Residential Brick Mason Journey Level $55.82 5A im King Residential Car enters ,Journey Level $28.20 1 King Residential Cement Masons Journey Level $22.64 1 https;//fortress.wa.gov/Ini/wagelookup/prvWagielookup.aspx 9/20/2017 Page 16 of 18 King Residential Dr wall Journey Level $42.86, 5D 4C 11licators King Residential Drywall Tapers Journey Level $57.43 5P 1E King Residential Electricians Journey Level $30.44 1 King Residential Glaziers !Journey Level $40.25 7L 1H King Residential Insulation Journey Level $26.28 1 Applicators I King Residential Laborers Journey Level $23.03 1 King Residential Marble Setters Journey Level $24,09 1 King Residential Painters Journey Level $24.46 1 King Residential Plumbers Et Journey Level $34.69 1 Pipefitters King Residential Refrigeration EL Air Journey Level $75.36 6Z 1G Conditioning Mechanics King Residential Sheet Meta( Journey Level (Field or Shop) $44,56 7F 1R Workers King Residential Soft Floor Layers Journey Level $47.61 5A 3D King Residential Sprinkler Fitters Journey Level $44.98 5C 2R (Fire Protection) King Residential Stone Masons Journey Level $55.82 5A King Residential Terrazzo Workers Journey Level $,51.36 5A im King Residential Terrazzo/Tile Journey Level $21.46 1 Finishers King Residential Tile Setters, Journey Level $20.00 1 King roofers Journey Level $49.27 5A 3H King roofers Using Irritable Bituminous $5,2.27 5A 3H Materials King Sheet Metal Workers Journey Level (Field or Shop) $78.17 7F 1E King Shipbuilding Et Ship Boilermaker $43.31 7M 1H King Shipbuilding Et Ship Repair Carpenter $41.06 7T 2B, King ShipbuildingEt Ship Repair Electrician $42.07 7T 4B King Shipbuilding, Et Ship Repair Heat Et Frost Insulator $67.93 5J1 4H King Shipbuilding Repair Laborer 7T 4B , Et Shi2 $41.99 King Shipbuilding Et Ship Repair Machinist $42.0011 7T 4B King Shipbuilding Et_Ship_repair Operator $41.95 7T 4B King Shipbuilding EL Ship Repair Painter $42.00 7T 4B King Shipbuilding & Ship Repair Pipefitter $41.96 7T 4B King Shipbuilding Rigger $42,0�5 7T 4B King Shipbuilding, Et Ship Repair Sheet Metal $41.98i 7T 4B King Shipbuilding Et Ship Repair Shipfitter $42.05 7T 4B King Shipbuilding Et Ship Repair Trucker $41.91 7T 4B King Shipbuilding t_2hi 2 Repair Warehouse $41.94 7T 4B King Shipbuilding Et Ship Welder/Burner $42.05 7T 4B King SignMakers Et Installers Sign Installer $22.92 1 (Etectricat) King Simi Makers Et Installers Sign Maker $21.36 1 Electrical https //fortress.wa.gov/Mi/wagelookup/prvWagelookup,as x 9/20/2017 Page 17 of 18 King Sign Makers Et Installers (Ilan- Sign Installer $27.28 1 King Sign Makers Et Installers (Non- Sign Maker $33.25 EltqfjLaL King Soft Floor Layers Journey Level $47.61 5A 3D King Solar Controls For Windows Journey Level $12.44 1 King Sprink(er Fitters (Fire Journey Level $74.49 5C ix Protection) King Sta ging Mecfj���� Journey Level $13.23 1 ge, Rigg King Stone Masons Journey Level $55,82 5A 11 M King Street And Parking Lot Journey Level $19,09 1 Sweeper Workers King Surveyors Assistant Construction Site $59,49 7A 3C 8P Surveyor King Surveyors Chainman $58.93 7A 3C 8P King Surveyors Construction Site Surveyor $60.49� 7A 3C 8P King Telecommunication Journey Level $22.76 1 Technicians King Telephone Line Construction - Cable Splicer $38.84 5A 2B Outside King Telephone Line Construction - Hole Digger/Ground Person $21.45 5A 2B Outside King Telephone Line Construction - Installer (Repairer) $37.21 5A 2B Outside King Telephone Line Construction - Special Aparatus Installer 1 $38.84 5A 2B Outside King Telephone Line Construction - Special Apparatus Installer 11 $38.03 5A B Outside King Telephone Line Construction - Telephone Equipment $38.84 5A 2B Outside Operator (Heavy) King Telephone Line Construction - Telephone Equipment $36.09 5A 2B Outside Operator (Light) King Telephone Line Construction - Telephone Lineper5on $36.09 5A 2B Outside King Telephone Line Construction - Television Groundperson $20.33 5A 2B Outside King Telephone Line Construction - Television $27.21 5A Outside Lineperson/Installer King Telephone Line Construction - Television System Technician $32.55 5A 2B Outside King Telephone,Line Construction - Television Technician $29.18 5A 2B Outside King Telephone Line Construction - Tree Trimmer $36.09 5A 2B Outside King Terrazzo Workers Journey Level $51.36, 5A 1M King Tile Setters Journey Level $5136 5A 1M King Tile, Marble Et Terrazzo Finisher $42.19 5A 1B Finishers King ITraffic Control Stripers Journey Level $44.93 7A https://t'ertress.wa.gov/lni/wagelookup/prvWagelookup.aspx 9/20/2017 Page 18 of 18 King Truck Drivers Asphalt Mix Over 16 Yards (W. $52,70 5D 3A 8L IWA-Joint Council 28) King Truck Drivers Asphalt Mix To 16 Yards (W. $51,86 5D 3A 8L WA-Joint Council 28) King Truck Drivers Dump Truck Et Trailer $52.70 5D 3A 8L King Truck Drivers Dump Truck (W. WA-Joint $51.86 5D 3A 8L Council 28) King Truck Drivers Other Trucks (W. WA-Joint $52.70 5D 3A 8L Council 28) King Truck Drivers Transit Mixer $43.23 1 King Well Drillers Et Irrigation Pump Irrigation Pump Installer $17.71 1 :Installers King Well Drillers Et Irrigation Pump Oiler $12.97 1 Installers King Well Drillers Et..Irrigation Puny Well Driller $18.00 1�Installers https://fortress.Wa.gov/Ini/wagelookup/prvWagelookup.aspx 9/20/2017 Benefit Code Key—Effective 8/31/2017 thru 3/2/2018 ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Overtime Codes Overtime calculations are based on the hourly rate actually paid to the worker.On public works projects,the hourly rate must be not less than the prevailing rate of wage minus the hourly rate of the cost of fringe benefits actually provided for the worker. 1. ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on Saturdays shall be paid atone and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. C. The first two(2) hours after eight(8)regular hours Monday through Friday and the first ten (10)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. D. The first two(2)hours before or after a five-eight(8)hour workweek day or a four-ten(10)hour workweek day and the first eight(8)hours worked the next day after either workweek shall be paid at one and one-half times the hourly rate of wage. All additional hours worked and all worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. The first two(2) hours after eight(8)regular hours Monday through Friday and the first eight(8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. F. The first two (2)hours after eight(8)regular hours Monday through Friday and the first ten(10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours worked,except Labor Day, shall be paid at double the hourly rate of wage.All hours worked on Labor Day shall be paid at three times the hourly rate of wage. G. The first ten(10)hours worked on Saturdays and the first ten(10)hours worked on a fifth calendar weekday in a four- ten hour schedule, shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten (10) hours per day Monday through Saturday and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. H. All hours worked on Saturdays(except makeup days if work is lost due to inclement weather conditions or equipment breakdown) shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve(12)hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 1. All hours worked on Sundays and holidays shall also be paid at double the hourly rate of wage. J. The first two(2)hours after eight(8) regular hours Monday through Friday and the first ten(10) hours on Saturday shall be paid atone and one-half times the hourly rate of wage. All hours worked over ten(10)hours Monday through Saturday,Sundays and holidays shall be paid at double the hourly rate of wage. K. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage.All hours worked on holidays shall be paid at double the hourly rate of wage. M. All hours worked on Saturdays(except makeup days if work is lost due to inclement weather conditions)shall be paid at one and one-half times the hourly rate of wage.All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. N. All hours worked on Saturdays(except makeup days)shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 1 Benefit Code Key—Effective 8/31/2017 thru 3/2/2018 Overtime Codes Continued I. O. The first ten(10)hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage.All hours worked on Sundays,holidays and after twelve(12)hours,Monday through Friday and after ten(10)hours on Saturday shall be paid at double the hourly rate of wage. P. All hours worked on Saturdays(except makeup days if circumstances warrant)and Sundays shall be paid at one and one-half times the hourly rate of wage.All hours worked on holidays shall be paid at double the hourly rate of wage. Q. The first two (2) hours after eight (8) regular hours Monday through Friday and up to ten (10) hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten (10) hours per day Monday through Saturday and al I hours worked on Sundays and holidays(except Christmas day)shall be paid at double the hourly rate of wage.All hours worked on Christmas day shall be paid at two and one-half times the hourly rate of wage. R. All hours worked on Sundays and holidays shall be paid at two times the hourly rate of wage. S. The first two(2)hours after eight(8)regular hours Monday through Friday and the first eight(8)hours on Saturday shall be paid atone and one-half times the hourly rate of wage. All hours worked on holidays and all other overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays (except Labor Day) shall be paid at two times the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. V. All hours worked on Sundays and holidays (except Thanksgiving Day and Christmas day) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Thanksgiving Day and Christmas day shall be paid at double the hourly rate of wage. W. All hours worked on Saturdays and Sundays (except make-up days due to conditions beyond the control of the employer))shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. X. The first four(4)hours after eight(8)regular hours Monday through Friday and the first twelvc(12)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over twelve (12) hours Monday through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. When holiday falls on Saturday or Sunday, the day before Saturday, Friday, and the day after Sunday, Monday, shall be considered the holiday and all work performed shall be paid at double the hourly rate of wage. Y. All hours worked outside the hours of 5:00 am and 5:00 pm (or such other hours as may be agreed upon by any employer and the employee)and all hours worked in excess of eight(8)hours per day(10 hours per day for a 4 x 10 workweek)and on Saturdays and holidays(except labor day) shall be paid at one and one-half times the hourly rate of wage.(except for employees who are absent from work without prior approval on a scheduled workday during the workweek shall be paid at the straight-time rate until they have worked 8 hours in a day(10 in a 4 x 10 workweek)or 40 hours during that workweek.) All hours worked Monday through Saturday over twelve (12)hours and all hours worked on Sundays and Labor Day shall be paid at double the hourly rate of wage. Z. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid the straight time rate of pay in addition to holiday pay. 2 Benefit Code Key—Effective 8/31/2017 thru 3/2/2018 Overtime Codes Continued 2. ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. C. All hours worked on Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at two times the hourly rate of wage. F. The first eight(8)hours worked on holidays shall be paid at the straight hourly rate of wage in addition to the holiday pay. All hours worked in excess of eight(8)hours on holidays shall be paid at double the hourly rate of wage. G. All hours worked on Sunday shall be paid at two times the hourly rate of wage.All hours worked on paid holidays shall be paid at two and one-half times the hourly rate of wage including holiday pay. H. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. O. All hours worked on Sundays and holidays shall be paid at one and one-half times the hourly rate of wage. R. All hours worked on Sundays and holidays and all hours worked over sixty(60)in one week shall be paid at double the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage.All hours worked over 12 hours in a day or on Sundays and holidays shall be paid at double the hourly rate of wage. W. The first two(2)hours after eight(8)regular hours Monday through Friday and the first eight(8)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four-day,ten- hour weekly schedule,either Monday thru Thursday or Tuesday thru Friday schedule,all hours worked after ten shall be paid at double the hourly rate of wage. The first eight(8) hours worked on the fifth day shall be paid at one and one-half times the hourly rate of wage. All other hours worked on the fifth, sixth,and seventh days and on holidays shall be paid at double the hourly rate of wage. 3. ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. Work performed in excess of eight(8)hours of straight time per day,or ten(10) hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at time and one-half the straight time rate. Hours worked over twelve hours (12) in a single shift and all work performed after 6:00 pm Saturday to 6:00 am Monday and holidays shall be paid at double the straight time rate of pay.Any shift starting between the hours of 6:00 pm and midnight shall receive an additional one dollar($1.00) per hour for all hours worked that shift. The employer shall have the sole discretion to assign overtime work to employees.Primary consideration for overtime work shall be given to employees regularly assigned to the work to be performed on overtime situations. After an employee has worked eight(8)hours at an applicable overtime rate,all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight(8)hours or more. C. Work performed in excess of eight(8)hours of straight time per day,or ten(10)hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at one and one-half times the hourly rate of wage. All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays shall be paid at double the hourly rate of wage. After an employee has worked eight(8)hours at an applicable overtime rate,all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight(8)hours or more. 3 Benefit Code Key—Effective 8/31/2017 thru 3/2/2018 Overtime Codes Continued 3. D. All hours worked between the hours of 6:00 pm and 6:00 am, Monday through Saturday, shall be paid at a premium rate of 15%over the hourly rate of wage. All other hours worked after 6:00 am on Saturdays,shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. All hours worked Sundays and holidays shall be paid at double the hourly rate of wage. Each week,once 40 hours of straight time work is achieved,then any hours worked over 10 hours per day Monday through Saturday shall be paid at double the hourly wage rate. F. All hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sunday shall be paid at two times the hourly rate of wage.All hours worked on paid holidays shall be paid at two and one-half times the hourly rate of wage including holiday pay. H. All work performed on Sundays between March 16th and October 14th and all Holidays shall be compensated for at two (2) times the regular rate of pay. Work performed on Sundays between October 15th and March 15th shall be compensated at one and one half(1-1/2)times the regular rate of pay. I. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. In the event the job is down due to weather conditions during a five day work week(Monday through Friday,)or a four day-ten hour work week(Tuesday through Friday,)then Saturday may be worked as a voluntary make-up day at the straight time rate. However,Saturday shall not be utilized as a make-up day when a holiday falls on Friday. All hours worked Monday through Saturday over twelve(12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 4. ALL HOURS WORKED 1N EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE, A. All hours worked in excess of eight(8) hours per day or forty(40)hours per week shall be paid at double the hourly rate of wage. All hours worked on Saturdays,Sundays and holidays shall be paid at double the hourly rate of wage. B. All hours worked over twelve(12)hours per day and all hours worked on holidays shall be paid at double the hourly rate of wage. C. On Monday through Friday, the first four(4) hours of overtime after eight (8) hours of straight time work shall be paid at one and one half(1-1/2)times the straight time rate of pay,unless a four(4)day ten(10)hour workweek has been established. On a four (4) day ten (10) hour workweek scheduled Monday through Thursday, or Tuesday through Friday,the first two (2)hours of overtime after ten (10)hours of straight time work shall be paid at one and one half(1-1/2)times the straight time rate of pay. On Saturday,the first twelve(12) hours of work shall be paid at one and one half(1-1/2)times the straight time rate of pay,except that if the job is down on Monday through Friday due to weather conditions or other conditions outside the control of the employer,the first ten(10)hours on Saturday may be worked at the straight time rate of pay. All hours worked over twelve(12)hours in a day and all hours worked on Sunday and Holidays shall be paid at two(2)times the straight time rate of pay. 4 Benefit Code Key—Effective 8/31/2017 thru 3/2/2018 Overtime Codes Continued 4. D. All hours worked in excess of eight(8)hours per day or forty(40)hours per week shall be paid at double the hourly rate of wage.All hours worked on Saturday,Sundays and holidays shall be paid at double the hourly rate of pay.Rates include all members of the assigned crew. EXCEPTION: On all multipole structures and steel transmission lines,switching stations,regulating,capacitor stations, generating plants, industrial plants, associated installations and substations, except those substations whose primary function is to feed a distribution system, will be paid overtime under the following rates: The first two(2)hours after eight(8)regular hours Monday through Friday of overtime on a regular workday,shall be paid at one and one-half times the hourly rate of wage.All hours in excess of ten(10)hours will be at two(2)times the hourly rate of wage.The first eight(8) hours worked on Saturday will be paid at one and one-half(1-1/2)times the hourly rate of wage.All hours worked in excess of eight(8)hours on Saturday,and all hours worked on Sundays and holidays will be at the double the hourly rate of wage. All overtime eligible hours performed on the above described work that is energized,shall be paid at the double the hourly rate of wage. E. The first two(2)hours after eight(8) regular hours Monday through Friday and the first eight(8)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four-day, ten-hour weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours worked after ten shall be paid at double the hourly rate of wage.The Monday or Friday not utilized in the normal four- day,ten hour work week,and Saturday shall be paid at one and one half(1'/z)times the regular shift rate for the first eight (8) hours. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. F. All hours worked between the hours of 6:00 pm and 6:00 am, Monday through Saturday,shall be paid at a premium rate of 20%over the hourly rate of wage. All hours worked on Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. G. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. H. The first two(2)hours after eight(8)regular hours Monday through Friday and the first eight(8)hours on Saturday shall be paid at one and one-half times the hourly rate of wage.All other overtime hours worked,except Labor Day, and all hours on Sunday shall be paid at double the hourly rate of wage.All hours worked on Labor Day shall be paid at three times the hourly rate of wage. Holiday Codes 5. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day,and Christmas Day(7). B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day,the day before Christmas,and Christmas Day(8). C. Holidays: New Year's Day,Presidents' Day, Memorial Day,Independence Day, Labor Day,Thanksgiving Day,the Friday after Thanksgiving Day,And Christmas Day(8). 5 Benefit Code Key—Effective 8/31/2017 thru 3/2/2018 Holiday Codes Continued 5. D. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8). H. Holidays:New Year's Day, Memorial Day, Independence Day,Thanksgiving Day, the Day after Thanksgiving Day, And Christmas(6). I. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). J. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve Day,And Christmas Day(7). K. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day,The Day Before Christmas,And Christmas Day(9). L. Holidays:New Year's Day,Martin Luther King Jr.Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day, Friday after Thanksgiving Day,And Christmas Day(8). N. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day,The Friday After Thanksgiving Day,And Christmas Day(9). P. Holidays:New Year's Day,Memorial Day, Independence Day, Labor Day,Thanksgiving Day, Friday And Saturday After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9). If A Holiday Falls On Sunday, The Following Monday Shall Be Considered As A Holiday. Q. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day(6). R. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day,One-Half Day Before Christmas Day,And Christmas Day.(7 1/2). S. Paid Holidays:New Year's Day,Presidents' Day, Memorial Day, Independence Day, Labor Day,Thanksgiving Day, And Christmas Day(7). T. Paid Holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,The Friday After Thanksgiving Day,Christmas Day,And The Day Before Or After Christmas(9). Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday after Thanksgiving Day,And Christmas Day(8). 6. A. Paid Holidays:New Year's Day,Presidents' Day,Memorial Day,Independence Day, Labor Day,Thanksgiving Day, the Friday after Thanksgiving Day,And Christmas Day(8). E. Paid Holidays: New Year's Day, Day Before Or After New Year's Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and a Half- Day On Christmas Eve Day.(9 1/2). G. Paid Holidays: New Year's Day, Martin Luther King Jr. Day, Presidents' Day, Memorial Day, Independence Day, Labor Day,Veterans'Day,Thanksgiving Day,the Friday after Thanksgiving Day,Christmas Day,and Christmas Eve Day(11). 6 Benefit Code Key—Effective 8/31/2017 thru 3/2/2018 Holiday Codes Continued 6. H. Paid Holidays:New Year's Day,New Year's Eve Day, Memorial Day, Independence Day,Labor Day,Thanksgiving Day,Friday After Thanksgiving Day,Christmas Day,The Day After Christmas,And A Floating Holiday(10). 1. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day,Thanksgiving Day, Friday After Thanksgiving Day,And Christmas Day(7). T. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,The Friday After Thanksgiving Day,The Last Working Day Before Christmas Day,And Christmas Day(9). Z. Holidays:New Year's Day, Memorial Day, Independence Day, Labor Day,Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day (7). If a holiday falls on Saturday, the preceding Friday shall be considered as the holiday. If a holiday falls on Sunday, the following Monday shall be considered as the holiday. 7. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8).Any Holiday Which Falls On A Sunday Shall Be Observed As A Holiday On The Following Monday. If any of the listed holidays falls on a Saturday,the preceding Friday shall be a regular work day. B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. C. Holidays:New Year's Day,Martin Luther King Jr.Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. D. Paid Holidays: New Year's Day,Memorial Day, Independence Day, Labor Day, Veteran's Day,Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Unpaid Holidays: President's Day. Any paid holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any paid holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. E. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day(7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. F. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the last working day before Christmas day and Christmas day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. G. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. H. Holidays:New Year's Day,Martin Luther King Jr.Day, Independence Day,Memorial Day,Labor Day,Thanksgiving Day,the Friday after Thanksgiving Day,the Last Working Day before Christmas Day and Christmas Day (9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday.Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. 7 Benefit Code Key—Effective 8/31/2017 thru 3/2/2018 Holiday Codes Continued 7. I. Holidays: New Year's Day, President's Day, Independence Day, Memorial Day, Labor Day,Thanksgiving Day,The Friday After Thanksgiving Day,The Day Before Christmas Day And Christmas Day(9).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. J. Holidays:New Year's Day,Independence Day,Memorial Day,Labor Day,Thanksgiving Day and Christmas Day(6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. K. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. L. Holidays: New Year's Day, Memorial Day, Labor Day, Independence Day, Thanksgiving Day, the Last Work Day before Christmas Day, And Christmas Day(7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. M. Paid Holidays: New Year's Day, The Day after or before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day,Thanksgiving Day,the Friday after Thanksgiving Day,Christmas Day, And the Day after or before Christmas Day (10). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. N. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day(7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. When Christmas falls on a Saturday,the preceding Friday shall be observed as a holiday. P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day(7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Q. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,the Last Working Day before Christmas Day and Christmas Day(8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. If any of the listed holidays falls on a Saturday,the preceding Friday shall be a regular work day. R. Paid Holidays: New Year's Day, the day after or before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day,Thanksgiving Day,the Friday after Thanksgiving Day, Christmas Day, and the day after or before Christmas Day(10).If any of the listed holidays fall on Saturday,the preceding Friday shall be observed as the holiday. If any of the listed holidays falls on a Sunday,the day observed by the Nation shall be considered a holiday and compensated accordingly. S. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day,Christmas Day,the Day after Christmas,and A Floating Holiday(9). If any of the listed holidays falls on a Sunday,the day observed by the Nation shall be considered a holiday and compensated accordingly. 8 Benefit Code Key—Effective 8/31/2017 thru 3/2/2018 Holiday Codes Continued T. Paid Holidays: New Year's Day, the Day after or before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,the Friday after Thanksgiving Day,Christmas Day,and The Day after or before Christmas Day. (10). If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly.Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. Note Codes 8. D. Workers working with supplied air on hazmat projects receive an additional S I.00 per hour. L. Workers on hazmat projects receive additional hourly premiums as follows -Level A: $0.75, Level B: $0.50, And Level C:$0.25. M. Workers on hazmat projects receive additional hourly premiums as follows: Levels A & B: $1.00, Levels C & D: $0.50. N. Workers on hazmat projects receive additional hourly premiums as follows-Level A:$1.00,Level B:$0.75,Level C:$0.50, And Level D:$0.25. P. Workers on hazmat projects receive additional hourly premiums as follows-Class A Suit:$2.00,Class B Suit:$1.50, Class C Suit: $1.00,And Class D Suit$0.50. Q. The highest pressure registered on the gauge for an accumulated time of more than fifteen (15) minutes during the shift shall be used in determining the scale paid. R. Effective August 31,2012—A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized.A Traffic Control Laborer performs the setup,maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle,and pedestrian traffic during construction operations.Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington,Oregon,Montana,or Idaho.These classifications are only effective on or after August 31,2012. S. Effective August 31,2012—A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana,or Idaho. This classification is only effective on or after August 31, 2012. T. Effective August 31,2012—A Traffic Control Laborer performs the setup,maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington,Oregon,Montana,or Idaho.This classification is only effective on or after August 31,2012. 9 Benefit Code Key—Effective 8/31/2017 thru 3/2/2018 Note Codes Continued 8. U. Workers on hazmat projects receive additional hourly premiums as follows—Class A Suit:$2.00,Class B Suit:$1.50, And Class C Suit: $1.00. Workers performing underground work receive an additional$0.40 per hour for any and all work performed underground, including operating, servicing and repairing of equipment. The premium for underground work shall be paid for the entire shift worked. Workers who work suspended by a rope or cable receive an additional$0.50 per hour.The premium for work suspended shall be paid for the entire shift worked. Workers who do"pioneer" work(break open a cut, build road,etc.) more than one hundred fifty(150) feet above grade elevation receive an additional $0.50 per hour. V. In addition to the hourly wage and fringe benefits, the following depth and enclosure premiums shall be paid. The premiums are to be calculated for the maximum depth and distance into an enclosure that a diver reaches in a day. The premiums are to be paid one time for the day and are not used in calculating overtime pay. Depth premiums apply to depths of fifty feet or more.Over 50'to 100'-$2.00 per foot for each foot over 50 feet.Over 101'to 150'-$3.00 per foot for each foot over 101 feet.Over 15 I'to 220'-$4.00 per foot for each foot over 220 feet. Over 221'-$5.00 per foot for each foot over 221 feet. Enclosure premiums apply when divers enter enclosures(such as pipes or tunnels) where there is no vertical ascent and is measured by the distance travelled from the entrance.25' to 300' -$1.00 per foot from entrance. 300' to 600' -$1.50 per foot beginning at 300'. Over 600' -$2.00 per foot beginning at 600'. 10 AC40REP CERTIFICATE OF LIABILITY INSURANCE DATE(MMroarYYr) `..� 8/31/2017 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 pollcy(les)must have ADDITIONAL INSURED provisions or 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 Liberty Mutual Insurance CONTACT'AME:_-__.___-___-___ PO Box 188065 PHONE FAX -- - - Fairfield, OH 45018 (AIC N%.EAIi __ _ 800 962 7132 _ ____1 WccL+WL -845 3686_ E-MAIL BusinessService(MLlbertvMulual.com___ INSURER(SIAFFORDINOCOVERAGE i NAICtl INSURER A: West American Insurance Company_ V_ ! 44393 INSURED INSURER B Ohio Security Insurance Company I 24082 Glenn Thomson & Bill Feely - --- - DBA Knotty Tree Service INsuReRc ¢hie Casually Insurance Company—— 24_0.74 P.O. Box 473 INSURER D South Prairie WA 98385 INSURER-E:_ INSURER F COVERAGES CERTIFICATE NUMBER: 37528735 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 NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT NTH 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 1NSR j _. .----.. ._...... ._..-. -.---- -...-.- ._ -.. -'-----'I-POLICY EFF -tt POL'CY'EXP (.-._.-.__------'--- ------- ...- LTR i TYPE OF INSURANCE POLICY NUMBER MMID iIMWCWYYYYI i LIMITS A ✓ COMMERCIAL GENERAL LIABILITY / I JBKW57011757 j 12/29/2016112199/2017 1 EACH OCCURRENCE S 1,000,000 ( ' i I 'D'ANAGtcfi(f'RERTtoC___.._. _. CLAIMS-MADE / OCCUR ! PREMI E S 1.000,000 . I _ {MED EXP(AnY onepenJ _ .s-___ 15,000 PER_SONAL6AOVINJURY I S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER I ; {GENERAL AGGREGATE +r1 S 2.000,000 ✓ POLICY ERGOT i LOG 4 I i PRODUCTS-COMPIOPAGG {S 2,000,000 OTHER i i . ..— S B AUTOMOBILEUABILITY i BAS57011757 f f 12/29/2016 12/29/2017 f BIN l LIMITs i � ANY AUTO ! BODILY INJURY(Per person) $ IOWNED ISCHEDULEDAUTO �BODILY INJURY(Per eauderit) S - HIREDSONLY f NON-OWNED I AUTOSI i I..... AUTOS ONLY AUTOS ONLY {PI��PERTY aAF S C UMHRELLAUAB OCCUR j US057011757 12/2912016 12/29/2017 EACH OCCURRENCE $ 1000000 EXCESS L(AB ' CLAIMS-MACE I AGGREGATE t 1,000.000 DEC_ ✓'RETENTION S 10,000 $ _-- -- A woRlcERscoMPENsanoN BKW57011757 j 12/29/2016 12/2912017' 1!AND EMPLOYERS'LIABILITY Y I N ( i I _ (.STATUTE.�_ 1 ERH_ - �ANYPROPRIETORIPARTNERIEXECUTIVE j E L EACH ACCIDENT S 1,000,000 OFFICERlMEMBEREXCLUOEDT iNIA, I ----------------- -------- I(Mandatory In NHy ! E L DISEASE-EA EMPLOYEEI S _ 1,000.000 If ea,describe under j (Stop Gap I I -----_._._.__.._-- r ESCRIPTION OF OPERATIONS be'ow I i i E L DISEASE-POLICY LIMIT I S+ 1.000,000 I i ' I 1 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101.Additional Remarks Schedule,may be attached if more space is required) City of Kent Is Additional Insured if required by written contract or written agreement subject to General Liability Blanket Additional Insured Provision per CG8810.30'Day Notice of Cancellation*10 Day Notice of Cancellation for Cancellation for Non-Payment of Premium. This Policy is Primary and we Will not ask for contribution of the Policy issued to the Additional Insured. CERTIFICATE HOLDER CANCELLATION Cit of Kent, Washin tOn SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE WILL THE EXPIRATION DATE THEREOF, NOTICE L BE DELIVERED IN 22 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS, Kent WA 98032 AUTHORIZED REPRESENTATIVE Megan Rogers 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 3752 BT35 157011757 116-17 Maetw.r Certificate I Megan Roar.ra 1 8/31/2017 11:42:41 AM (EDT) I Page L of 16 COMMERCIAL GENERAL LIABILITY CG 8810 0413 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY—ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU(Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS—COVERAGES A AND B 3 ADDITIONAL INSUREDS—BY CONTRACT,AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY—ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS—EXTENDED PROTECTION OF YOUR"LIMITS OF INSURANCE" 6 WHO IS AN INSURED—INCIDENTAL MEDICAL ERRORSIMALPRACTICE AND WHO IS AN INSURED— 6 FELLOW EMPLOYEE EXTENSION—MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE,OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US— 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU 0 2013 Liberty Mutual Insurance CG 88 10 0413 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 8 )'1528114 1 S/011757 1 I(i-17 Master Cect ticate I Megan Rogers 1 0/3l/2017 11:42:41 AM IRDT) I F'nge 2 of 16 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I—Coverage A-Bodily Injury And Property Damage Liability, exclusion g.Aircraft,Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired,chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada,designating her or him a commercial or airline pilot;and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance,whether primary,excess(other than insurance written to apply specifically in excess of this policy), contingent or on any other basis,that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I—Coverage A—Bodily Injury And Property Damage Liability, Subparagraph(2)of exclusion g.Aircraft,Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long;and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY—ELEVATORS 1. Under Paragraph 2. Exclusions of Section 1—Coverage A—Bodily Injury And Property Damage Liability, Subparagraphs (3), (4)and(6)of exclusion j. Damage To Property do not apply if such "property damage"results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV—Commercial General Liability Conditions,Condition 4.Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary,excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2.Exclusions of Section I -Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion J. Damage To Property is replaced by the following: Paragraphs(1),(3)and(4)of this exclusion do not apply to"property damage"(other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or pi) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs(1),(3) and(4)of this exclusion do not apply to"property damage"to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III—Limits of Insurance. ®2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with irs permission. Page 2 of 8 3752873`. I %7un717 1 1e-37 Mascer Certificate. I Megan R05Cra 1 9;31120377 11:42:41 ant tsoxi I Page 3 of iG b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c.through n.do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner.A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III—Limits Of Insurance. 2. Paragraph 6.under Section III—Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5.above,the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU(Tenant's Property Damage)-Paragraph 9.a.of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However,that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an"insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded,the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I—Coverage C—Medical Payments, Subparagraph(b)of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS—COVERAGES A AND B 1. Under Supplementary Payments—Coverages A and B,Paragraph 1.b.is replaced by the following: b. Up to$3,000 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 bonds. 2. Paragraph 1.d. is replaced by the following: 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$600 a day because of time off from work, G. ADDITIONAL INSUREDS-BY CONTRACT,AGREEMENT OR PERMIT 1. Paragraph 2. under Section II—Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract,written agreement or permit. Such person or organization is an additional insured but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the"bodily injury"or"property damage"occurs, or the"personal and advertising injury"is committed, subsequent to the signing of such written contract or written agreement;or ®2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 3 of 8 .1'S29')S i:J1:7S'1 116 17 maarer Ce-(if;ZJtr I Y^.gar. &Ogern ; 6/3:!2017 11 42 41 AM !EDT! I Page 4 or 16 I b. Premises or facilities rented by you or used by you; or C. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to"bodily injury","property damage", or"personal and advertising injury"arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to"bodily injury"or"property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: a) The existence,maintenance, repair, construction, erection,or removal of advertising signs, awnings,canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures;or (b) The construction,erection,or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a.above,a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed;or (2) That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b.above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c.above,this insurance does not apply to any"occurrence"which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the"bodily injury"or"property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured as required in Paragraph b.of Condition 2.Duties In the Event Of Occurrence, Offense,Claim Or Suit under Section IV--Commercial General Liability Conditions. 02013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 4 of 8 375'18735 1 57011157 1 16 0 Master Certiticate I Megan Rogers 1 9/11/2017 11:42:71 AM 16DT1 I Page 5 of 16 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I -Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury"or"property damage"arising from the sole negligence of the additional insured. b. "Bodily injury"or"property damage"that occurs prior to you commencing operations at the location where such`bodily injury"or"property damage"occurs. C. "Bodily injury',"property damage"or"personal and advertising injury"arising out of the rendering of,or the failure to render,any professional architectural,engineering or surveying services, including: (1) The preparing,approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications;or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment,training or monitoring of others by that insured, if the"occurrence"which caused the"bodily injury"or"property damage",or the offense which caused the"personal and advertising injury", involved the rendering of, or the failure to render,any professional architectural, engineering or surveying services. d. "Bodily injury"or"property damage"occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project_ e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds,the following is added to Section III— Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations- H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4.Other Insurance of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to Paragraph a.Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis,this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. 0 2013 Liberty Mutual Insurance CG 88 10 0413 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 8 1752e7]5 1 57,011757 1 16 17 Na"ter Cert iriCaLe I Megan Rogera 1 eill/2017 11:47t41 AM IRDTI 1 Page G Of 1G b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease,facilities rental contract or agreement,an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory,this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary,excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS-EXTENDED PROTECTION OF YOUR"LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence,Offense,Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an"occurrence"or an offense that may result in a claim or"suit" under this insurance to us; b. Tender the defense and indemnity of any claim or"suit"to all insurers whom also have insurance available to the additional insured; and C. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a"suit"by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III—Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED-INCIDENTAL MEDICAL ERRORS r'MALPRACTICE WHO IS AN INSURED-FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1)of Section II-Who Is An Insured is replaced with the following: (1) "Bodily injury"or"personal and advertising injury": (a) To you,to your partners or members(if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee"while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers"while performing duties related to the conduct of your business; (b) To the spouse,child, parent, brother or sister of that co-"employee"or"volunteer worker"as a consequence of Paragraph(1)(a)above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs(1)(a)or(b)above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage for providing professional health care services is not otherwise excluded by separate endorsement,this provision (Paragraph(d)) does not apply. 0 2013 Liberty Mutual Insurance CG 8810 0413 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 6 of 8 31S2B71S 1 57011757 1 16-17 Master cer-.ificare I Megan Rogers 1 0/11/2017 11:42:41 AM (EDV I Page 7 of 16 Paragraphs (a)and (b)above do not apply to"bodily injury"or"personal and advertising injury"caused by an "employee"who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's'job responsibilities assigned by you, includes the direct supervision of other"employees"of yours. However, none of these"employees"are insureds for"bodily injury"or'personal and advertising injury"arising out of their willful conduct,which is defined as the purposeful or willful intent to cause"bodily injury" or"personal and advertising injury", or caused in whole or in part by their intoxication by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3.of Section 11 -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to"bodily injury"or"property damage"that occurred before you acquired or formed the organization; and C. Coverage B does not apply to"personal and advertising injury"arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV—Commercial General Liability Conditions,the following is added to Condition 6. Representations: Your failure to disclose all hazards or prior"occurrences"existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior"occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE,CLAIM OR SUIT Under Section IV—Commercial General Liability Conditions,the following is added to Condition 2. Duties In The Event of Occurrence,Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or"suit" by an agent, servant or"employee"of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1.of Section II—Who,Is An Insured or a person who has been designated by them to receive reports of .occurrences", offenses, claims or"suits"shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge,your policy will automatically provide the coverage as of the day the revision is effective in your state. 0. BODILY INJURY REDEFINED Under Section V—Definitions, Definition 3. is replaced by the following: 3. 'Bodily Injury"means physical injury,sickness or disease sustained by a person.This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. 02013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 7 Of 8 17;1y'+35 ; 1po 1171,? 1 16 17 Ma.,Ler CC It L Cicate I Mryan Pagers i a/31 i'2 U I'+ 11:42:it Ni fEDI) I Pe9C 9 of I6 P. EXTENDED PROPERTY DAMAGE Exclusion a.of COVERAGE A.BODILY INJURY AND PROPERTY DAMAGE LIABILITY is 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. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US—WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV— Commercial General Liability Conditions, the following is added to Condition S. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization 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"provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agreement. 0 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 8 of 8 1752e775 157011757 116-L7 Maarer Ce-rrificace I Megan Roger. I e/It/201I LIT42:41 AM (KlTr) I Page 9 of IE COMMERCIAL AUTO CA88100113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement,the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 19 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS(including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 EXTRA EXPENSE—BROADENED COVERAGE 10 GLASS REPAIR—WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE(including employee hired auto and loss of use) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN/LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE—ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 20 SECTION II—LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II — LIABILITY COVERAGE, paragraph A.1. —WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured"does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However,coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; ®2013 Liberty Mutual Insurance CA 8810 01 13 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission Page 1 Of 7 ]752$7). I S7o1175'1'I 1(, it Masrer ce.rLl r lcaze I Mr_gar, ROgErs 1 4,111201- 11A2:41 Mt IP.DTI I Page 10 Or 16 (2) If the Limits of Insurance of any other insurance policy have been exhausted;or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II — LIABILITY COVERAGE, paragraph A.1. —WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee"of yours while using a covered"auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any'employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the"employee 3. ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT SECTION II — LIABILITY COVERAGE, paragraph A.1, —WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an"insured". However, such person or organization is an"insured": (1) Only with respect to the operation, maintenance or use of a covered"auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II — LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, paragraphs (2) and(4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an"accident"we cover. We do not have to furnish these bonds. (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. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule,or similar protection,the following provision is added: SECTION II—LIABILITY, exclusion B.S. FELLOW EMPLOYEE does not apply if the"bodily injury" results from the use of a covered "auto"you own or hire. SECTION III—PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered"autos"for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to"autos": a. You hire, rent or borrow; or ®2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office,Inc..with its permission. Page 2 of 7 37528715 157011751 1 '_6-17 Master certificate I Regan Rogers 1 8/31/2017 11:47:4L AM (EDT) I Page 11 or 16 b. Your"employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for"loss" in any one"accident"or'loss"is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the"loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned"auto"for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered'auto"you own. D. Subject to a maximum of $1,000 per"accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any"auto"that is hired, rented or borrowed with a driver;or (2) Any"auto"that is hired, rented or borrowed from your"employee". For the purposes of this provision, SECTION V—DEFINITIONS is amended by adding the following: "Total loss"means a"loss' in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III — PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck"or"medium truck" is disabled: a. For private passenger type vehicles,we will pay up to$50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight(GVVV)of 10,000 pounds or less. C. For"medium trucks" ,we will pay up to$150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight(GVVV)of 10,001 —20,000 pounds. However,the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE-ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION III — PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of$50 per day and a maximum limit of$1,500 0 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 7 3/528735 1 570:1757 1 16 11 Masi.az CPzf iskale I Ma.;ae Roye— 1 8/31;"17 11 N2.41 AM (ELYN I Page i2 of L6 9. RENTAL REIMBURSEMENT SECTION III —PHYSICAL DAMAGE COVERAGE,A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the"accident"or"loss"to the covered"auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. C. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered"auto". d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e. If"loss" results from the total theft of a covered"auto"of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4.Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include"personal effects" as defined in provision 11. 10. EXTRA EXPENSE-BROADENED COVERAGE Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered"auto"to you. The maximum amount we will pay is$1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that"auto"is stolen, we will pay, without application of a deductible, up to$600 for"personal effects"stolen with the"auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V—DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects"does not include tools, equipment,jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III—PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy,the exclusion for"loss"relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. 13. AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclusions 4.c. and 4.d. is deleted and replaced with the following: ®2013 Liberty Mutual Insurance CA 88 10 0113 Includes copyrighted material of Insurance Services Office,Inc.,with its permission, Page 4 of 7 37520731, 1 57031751 1 16 17 Master Certificate I Mrgan Roger" 1 6/31/2017 1t;12 Al AM (ROT) I Page 13 of 16 Exclusion 4.c.and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment 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" and physical damage coverages are provided for the covered"auto';or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a$100 deductible. 14. LOAN/LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the"loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the"loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear, C. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a"Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the"total loss"of a covered"auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered"auto", i. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the"loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the"loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered"auto"that incurred the loss. C. SECTION V—DEFINTIONS is changed by adding the following_ As used in this endorsement provision,the following definitions apply: "Total loss" means a"loss"in which the cost of repairs plus the salvage value exceeds the actual cash value. A"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. ®2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office.Inc.,with its permission. Page 5 of 7 J792Rf 1ti 1 5761175'1 1 16-17 +Saucer .^erL if i—Ce I M�.gan Rogers 9i11i2017 11:42 41 M7 ltJ11 I 'rage 14 Of 16 15. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss' caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the"auto" is designed to carry while it is: a. In the charge of an"insured"; b. Legally parked; and C. Unoccupied. The"loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss' if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION III PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident,the following applies to paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller(or smallest)deductible it will be waived; or b. If the applicable Business Auto deductible is not the smaller(or smallest)deductible it will be reduced by the amount of the smaller(or smallest)deductible;or C. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION IV—BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM,SUIT,OR LOSS SECTION IV—BUSINESS AUTO CONDITIONS, paragraph A.2.a.is replaced in its entirety by the following: a. In the event of"accident", claim, "suit"or"loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the"employee" designated by the Named Insured to give such notice, if you are a corporation. ®2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material or Insurance Services Office,Inc.,with Its permission. Page 6 of 7 37528715 1 1701175"1 1 16-17 Master Certifieaee i Mogan Rogers 1813IJ2017 11:42:41 AA (EVrl I Vaya 15 of 16 To the extent possible, notice to us should include: (1) How,when and where the'accident"or"loss"took place; (2) The"insureds"name and address-,and (3) The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A.S., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an'accident"or 'loss",our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV — BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an"auto" hired, leased, rented or borrowed with a driver. SECTION V—DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V--DEFINTIONS,definition C. is replaced by the following: 'Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury,shock,fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A.—CANCELLATION condition applies except as follows: If we cancel for any reason other than nonpayment of premium,we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancellation. ®2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office.Inc.,with its permission. Page 7 of 7 J520',1% 1 5"C11757 ir,-11 Master l!Pr?if o Care 1 Hegan RO?arg 1 8111120:7 ::12.4: AN (F=) Gage 16 of 16 Coverage Is Provided In. Policy Number: Liberty West American Insurance Company BKW 117► 57 0117 57 Mutual. Policy Period: INSURANCE From 1Z2912016 To 12/29/M17 Policy Change Endorsement Endorsement Period: From 07/07/2017 to 12/29/2017 12.01 am Standard 71me at Insured Mailing Location Named Insured Agent GLENN THOMSON & BILL FEALY DBA: (877) 861-4595 KNOTTY TREE SERVICE BELL ANDERSON AGENCY INC SUMMARY OF LOCATIONS 0001 26425 142nd Ave E. Buckley, WA 98321-8937 POLICY FORMS AND ENDORSEMENTS This section lists the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM KUMBER TITLE CG 00 01 04 13 Commercial General Liability Coverage Form- Occurrence CG 01 81 05 08 Washington Changes CG 0197 12 07 Washington Changes- Employment-Related Practices Exclusion CG 04 42 11 03 Stop Gap- Employers Liability Coverage Endorsement - Washington CG 04 50 05 08 Washington Changes - Who Is An Insured CG 2106 05 14 Exclusion- Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability- With Limited Bodily Injury Exception CO 21 70 01 15 Cap on Losses from Certified Acts of Terrorism CG 21 76 01 15 Exclusion of Punitive Damages Related to a Certified Act of Terrorism CG 22 64 04 13 Pesticide or Herbicide Applicator- Limited Pollution Coverage CG 22 79 04 13 Exclusion - Contractors- Professional Liability CG 24 26 04 13 Amendment of Insured Contract Definition CO 26 77 12 04 Washington - Fungi or Bacteria Exclusion *CG 80 61 05 1 l Amendment of Cancellation Provisions CG 83 20 12 08 Contractors Amendment of Pollution Exclusion(Job Sites) CG 84 94 12 08 Exclusion - Consolidated Insurance Programs Wrap-Up CG 84 99 08 09 Non-Cumulation Liability Limits Same Occurrence CG 88 10 04 13 Commercial General Liability Extension Servicing Office Western Washington and Issue Date 08/02/17 Authorized Representative To report a claim,call your Agent or l-800.362-0000 W 70 27 01 08 08/02/17 57011757 N0270805 290 NCXHPPNO INSURED COPY 000215 PAGE 4 OF 16 Coverage Is Provided In: Policy Number: Liberty West American Insurance Company BI(W (17) 57 0117 57 Mutual. Policy Period: INSURANCE From IZ29/2016 To 12/29/2017 Policy Change Endorsement Endorsement Period: From 07107/2017 to 1 2129/2 01 7 12:01 am Standard Time at Insured Mailing Location Named Insured&Mailing Address Agent Mailing Address&Phone No. GLENN THOMSON &BILL FEALY DBA: (877) 861-4595 KNOTTY TREE SERVICE BELL ANDERSON AGENCY INC PO Box 473 600 SW 39TH ST STE 200 South Prairie, WA 98385-0473 RENTON, WA 98057-4919 CHANGES TO POLICY- TRANSACTION # 2 This Policy Change Endorsement Results In A Change In The Charges As Follows: No Change in Premium Description of Change(s) Adding C08061 - Amendment of Cancellation Provisions in favor of: City of Kent, Washington, 220 Fourth Avenue South, Kent, WA 98032, See The Revised Declarations and Declarations Schedule Servicing Office Western Washington and Issue Date 08/02/17 Authorized Representative To report a claim,call your Agent or 1-800-362-0000 DS 70 27 01 08 08/02/17 57011757 N0270805 290 NCXHPPNO INSURLD COPY 000215 PAGE 3 OF 16 Coverage Is Provided la. Policy Number: Libclt•ty West American Insurance Company BKW (17) 57011757 tuai Mu . Policy Period: INSURANCE From 12/29/2016 To 12/29/2017 Policy Change Endorsement Endorsement Period: From 07/07/2017 to 12/29/2017 12.•01 am Standard rime at Insured Mailing Location !lamed Insured Agent GLENN THOMSON & BILL FEALY DBA: (877) 8614595 KNOTTY TREE SERVICE BELL ANDERSON AGENCY INC POLICY FORMS AND ENDORSEMENTS - CONTINUED This section lists the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE CG 88 60 1208 Each Location General Aggregate Limit CG 88 65 1208 Voluntary Property Damage Extension CG 88 70 1208 Construction Project(s)-General Aggregate Limit(Per Project) CO 88 72 1208 Off Premises Property Damage Including Care, Custody or Control CO 88 77 1208 Medical Expense At Your Request Endorsement CG 89 27 1009 Washington Exclusion - Asbestos CL 01 03 03 10 Common Policy Conditions- Washington CL 04 65 01 01 Loss Payable Endorsement- Washington CL 06 00 01 15 Certified Terrorism Loss CL 07 00 10 06 Virus or Bacteria Exclusion CM 76 13 07 13 Waiver of Theft Deductible IL 01 23 11 13 Washington Changes- Defense Costs IL 01 46 08 10 Washington Common Policy Conditions IL 01 98 09 08 Nuclear Energy Liability Exclusion Endorsement(Broad Form) IM 20 97 04 04 Amendatory Endorsement- Washington IM 70 00 04 04 Contractors' Equipment Coverage IM 79 02 05 04 Loss Payable Schedule Servicing Office Western Washington and Issue Date 08/02/17 Authorized Representative To report a claim, call your Agent or 1-800-862.00r?D DS 70 27 0108 09102/17 57011757 N0270805 290 NCXHPPNO INSURED COPY 000215 PAGE 5 OF 16 :r. This page intentionally left yblank. J Coverage Is Provided In. Policy Number; Liberty West American Insurance Company BKW (17) 57 0117 57 Mutual. Policy Period: INSURANCE From 12/29/201b To 1?J29/2017 Commercial Inland Marine 12:01 am Standard Time Declarations -Revised at Insured Mailing Location Named Insured Agent GLENN THOMSON & BILL FEALY DBA: (877) 861-4595 KNOTTY TREE SERVICE BELL ANDERSON AGENCY INC SUMMARY OF CHARGES Explanatlon of DESCRIPTION PREMIUM Charges — - - LUntract2rs F,quipmen! with Small Touts S252.,QQ Co eiP.1Ipland Marine Schedule Totals $252.QQ, Certified _gk of Terrorism Coy PC $10.00 Total Advance Charges: $262.00 Note: This is not a bill To report a claim,can your Agent or 1-800.362- M00 DS 70 22 0109 08l02/17 57011757 N0270805' 290 NCXHPPNO INSURED COPY OD0215 PAGE 7 OF 16 AALS BKW (17) 57 0117 57 IM 7005 Ol 12 PAGE 1 OF 2 SCHEDULE OF COVERAGES CONTRACTORS' EQUIPMENT (The entries required to complete this schedule will be shown below or on the"schedule of coverages".) PROPERTY COVERED (check one) [X I Scheduled Equipment(Refer to Equipment Schedule) [ I Schedule On File °LIMIT° Catastrophe Limit--The most'we"pay for loss in any one occurrence is; $ 222,934 COVERAGE EXTENSIONS Additional Debris Removal Expenses $ 5,000 SUPPLEMENTAL COVERAGES Employee Tools $ 5,000 Equipment Leased or Rented From Others $ 190.000 Newly Purchased Equipment(check one) [XI Percentage of Catastrophe Limit 30 % [ I Dollar Limit $ Pollutant Cleanup and Removal $ 25,000 Rental Reimbursement --Reimbursement Limit $ 5,000 -Waiting Period 72 Hours Spare Parts and Fuel $ 5,000 Copyright,American Association of Insurance Services,Inc.,2012 08/02/17 57011757 N0270005 290 NCXHPPNO INSURED COPY 000215 PAGE 8 OF 16 AAIIS IM 7005 Ol 12 PAGE 2OF2 COINSURANCE. (check one) [ ] 80% [ ) 90% [X] 100% [ ] OTHER % REPORTING CONDITIONS (check it applicable) [X]Equipment Leased or Rented From Others --Reporting Rate $ 1.00 - Deposit Premium $ 100 Minimum Premium $ VALUATION (check if applicable) [ l Actual Cash Value [ ] Replacement Cost [X] Indicated on Equipment Schedule DEDUCTIBLE (check one) [X) Flat Deductible Amount $ 1,000 [ ]Percentage Deductible % Maximum Deductible Amount $ Minimum Deductible Amount $ ADDITIONAL INFORMATION UK 7005 Ol 12 Copyright,American Association of Insurance Services,Inc.,2012 OOM2117 57011757 N0770805 290 NCXHPPNO INSURED COPY D00215 PAGE 9 OF 16 AAIS BKW (17) 57 01 17 57 IM 7031 01 12 EQUIPMENT SCHEDULE CONTRACTORS' EQUIPMENT VALUATION BASIS (The entries required to complete this schedule will be shown below or on the "schedule of coverages".) SCHEDULED EQUIPMENT AA=Agreed Amount ACV = Actual Cash Value RP = Replacement Cost Item No. Valuation Description of Equipment "Limit" 1 ACV 2006 Vermeer Brush Chipper BC140OXC $ 32,934 $ $ IM 703101 12 Copyright,American Association of Insurance Services,Inc.,2012 08/02/17 57011757 N0270805 290 NCXHPPNO INSURED COPY BOOM PAGE 10 OF 16 Coverage Is Provided In: Policy Number: Ift Liberty West American Insurance Company BKW (17) 570117 57 Mutual. Policy Period: INSURANCE From 12/28/2016 To 12/29/2017 Commercial General Liability 12:01 am Standard Time Declarations -Revised at Insured Mailing Location Basis:Occurrence Named Insured Agent GLENN THOMSON & BILL FEALY DBA: (877) 861-4595 KNOTTY TREE SERVICE BELL ANDERSON AGENCY INC SUMMARY OF LIMITS AND CHARGES Commercial DESCRIPTION LIMIT General Each Occurrence Limit 11000,000 Liability Damage To Premises Rented To You Limit (Any One Premises) 1,000,000 Limits of Insurance Medical Expense Limit (Any One Person) 15,000 Personal and Advertising Injury Limit 1,000,000 General Aggregate Limit (Other than Products -Completed Operations) 2,000,000 Products -Completed Operations Aggregate Limit TY 2,000,000 Explanation of DESCRIPTION PREMIUM Charges General Liability Schedule Totals 1,555.00 Certified Acts of Terrorism Coverage 9.00 Total Advance Charges: $1,564.00 Note: This is not a bill re report a claim,call your Agent or 1-800-362-tO =2117 57011757 N0270805 290 NCXHPPNO INSURED COPY 000215 PAGE 11 OF 16 Coverage is Provided 1n. Policy Number: tp�Liberty West American Insurance Company BKW (171 57 0117 57 Mutual. Policy Period: INSURANCE From 12/29/2016 To IZO/2017 Commercial General liability 12.01 am Standard Time Declarations Schedule -Revised at Insured Mailing Location Named Insured Agent GLENN THOMSON &BILL PEALY DBA: `1877) 861-4595 KNOTTY TREE SERVICE BELL ANDERSON AGENCY INC SUMMARY OF CLASSIFICATIONS - BY LOCATION 0091 26425142nd Ave E,Buckley, WA 08321-8037 Insured: GLENN THOMSON & BILL FEALY DBA: CLASSIFICATION- 99777 Products-Completed Operations Are Subject To The General Aggregate Limit. RATED/PER COVERAGE DESCRIPTION PREMIUM BASED ON- Co-Partners 1,000 PREMIUM Premise/Operations 17,800 Dollars Of Payroll 32.414 $577.00 Total: Included CLASSIFICATION- 99777 Products-Completed Operations Are Subject To The General Aggregate Limit. RATED/PER COVERAGE DESCRIPTION PREMIUM BASED ON- Employees Payroll 1,000 PREMIUM Premise/Operations A 22,080 Dollars Of Payroll 32,414 $716.00 Total: Included SUMMARY OF OTHER COVERAGE COVERAGE DESCRIPTION PREMIUM Construction Project(s) - General Aggregate Limit (Per $125.00 Project) To report a claim, call your Agent or 1.800-362-0000 08/02117 57011757 R0270805 290 NCXHPPNO INSURED COPY 000215 PAGE 12 OF 16 WUlard><lon3 asnt.allll: -neYlat a ar insureo marring Location Flamed Insured Agent GLENN THOMSON & BILL I-EALY DBA: (877) 861-4595 KNOTTY TREE SERVICE BELL ANDERSON AGENCY INC SUMMARY OF OTHER COVERAGE - continued COVERAGE DESCRIPTION PREMIUM Contractors Amendment of Pollution Exclusion (Job Sites) $13.00 Off Premises Property Damage Care, Custody or Control No Charge Voluntary Property Damage $50.00 RATED/PER CLASSIFICATION- 92400 PREMIUM BASED ON- 1,000 Stop Gap - Employers Liability Stop Gap Employers' Liability- WA 9,590 Dollars of Payroll .164 $3.00 Minimum Premium Adjustment $71.00 Commercial General Liability Schedule Tote! $1,555.00 To report a claim,call your Agent or 1-800-362-0000 OSW117 57011757 N0270805 290 NCXHPPNO INSURED COPY 000215 PAGE 13 OF 16 This page intentionally left blank. COMMERCIAL GENERAL LIABILITY COVERAGE PART Any term or provision of the Cancellation Conditions of the policy or any endorsement amending or replac- ing such Conditions is amended by the following: A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the person or organization shown in the Schedule below. In no event will the notice to the person or organization scheduled below exceed the notice to the first named insured. B. Our obligation to send notice to the person or organization listed In the Schedule below will terminate at the earlier of the current policy period expiration or when you no longer have a legal or contractual obligation to such person or organization to maintain insurance coverage under a policy which requires that such person or organization be notified in the event of cancellation. SCHEDULE 1. Name: City of Kent, Washington 2. Address: 220 Fourth Avenue South KENT, WA 98032 3. Number of days advance notice: 30 All other terms and conditions of this policy remain unchanged. ® 2011 Liberty Mutual Agency Corporation.All rights reserved. CG 80 61 05 11 Includes copyrighted material of Insurance Services office,Inc.,with its permission. Page 1 of 1 Liberty Mutual. INSURANCE Policyholder Information Named Insured&Mailing Address Agent Mailing Address &Phone Noi. GLENN THOMSON & BILL FEALY DBA: (877) 861-4595 KNOTTY TREE SERVICE BELL ANDERSON AGENCY TNC PO Box 473 600 SW 39TH ST STE 200 South Prairie, WA 98385-0473 RENTON, WA 98057-4919 Dear Policyhol(ler: We know you work hard to build your business. We work together %vith your agent, BELL ANDERSON AGENCY INC (877) 861-4595 to help protect the things you care about. Thank you for selecting us. Enclosed are your insurance documents consisting of: Commercial Package To Find Your specific coverages, limits of liability, and premium, please refier to your Dcclarations page(s), If you have any questions or changes that may affect your insurance needs, please contact your Agent at (877) 861-4595 0 Verify that all information is correct - If you have any changes, please contact your Agent at (877) 861-4595 Reminders In case of a claim, call your Agent or 1-800-362-0000 You Need To Know CONTINUED ON NEXT PAGE To report a claim, call your Agent or 1-800-362-01000 DS 70 20 01 08 You Need To Know - continued . NOTICE(S)TO POLICYHOLDER(S) The Important Notice(s) to Policyholder(s) provide a general explanation of changes in coverage to your policy. The Important Notice(s) to Policyholder(s) is not a part of your insurance policy and it does not alter policy provisions or conditions. Only the provisions of your policy determine the scope of your insurance protection. It is important that you read your policy carefully to determine your rights, duties and what is and is not covered. FORM NUMBER TITLE. NP 72 42 01 15 Terrorism Insurance Premium Disclosure And Opportunity To Reject NP 73 47 03 04 Premium Determination for Subcontractors NP 74 44 09 06 U.S. Treasury Department's Office of Foreign Assets Control (OFAC) Advisory Notice to Policyholders NP 74 50 01 07 Important Audit Information NP 89 71 09 10 Important Policyholder Information Concerning Billing Practices Liberty Northwest NP 96 00 10 14 General Liability Access Or Disclosure Of Confidential Or Personal Information Exclusions Advisory Notice To Policyholders . This policy will be direct billed. You may choose to combine any number of policies on one bill with your billing account. Please contact your agent for more information. 11/1.4/1.6 GLENN THOMSON & BILL FEALY DBA: BKW (17) 57 01 17 57 KNOTTY TREE SERVICE From 12/29/2016 To 12/29/2017 PO Box 473 South Prairie, WA 98385-0473 (877) 861-4595 BELL ANDERSON AGENCY INC M 600 SW 39TH ST STE 200 RENTON, WA 98057-4919 TERRORISM INSURANCE PREMIUM DISCLOSURE AND OPPORTUNITY TO REJECT s This notice contains important information about the Terrorism Risk Insurance Act and its effect on your s policy. Please read it carefully. THE TERRORISM RISK INSURANCE ACT The Terrorism Risk Insurance Act, including all amendments ("TRIA" or the "Act"), establishes a program to spread the risk of catastrophic losses from certain acts of terrorism between insurers and the federal government. If an individual insurer's losses from certified acts of terrorism exceed a specified deductible amount, the government will reimburse the insurer for a percentage of losses (the "Federal Share") paid in excess of the deductible, but only if aggregate industry losses from such acts exceed the "Program Trig- ger". An insurer that has met its insurer deductible is not liable for any portion of losses in excess of $100 billion per year. Similarly, the federal government is not liable for any losses covered by the Act that exceed this amount. If aggregate insured losses exceed $100 billion, losses up to that amount may be pro-rated, as determined by the Secretary of the Treasury. The Federal Share and Program Trigger by calendar year are: Calendar Year Federal Share Program Trigger 2015 85% $100,000,000 2016 84% $120,000,000 2017 83% $140,000,000 2018 82% $160,000,000 2019 81% $180,000,000 a 2020 80% $200,000,000 MANDATORY OFFER OF COVERAGE FOR "CERTIFIED ACTS OF TERRORISM" AND DISCLOSURE OF PRE- MIUM r TRIA requires insurers to make coverage available for any loss that occurs within the United States (or outside of the U.S. in the case of U.S. missions and certain air carriers and vessels), results from a"certified act of terrorism" AND that is otherwise covered under your policy. A "certified act of terrorism" means: [A]ny act that is certified by the Secretary [of the Treasury I , in consultation with the Secretary of Homeland Security, and the Attorney General of the United States. (i) to be an act of terrorism; NP 72 42 01 15 ® 2015 Liberty Mutual Insurance Page 1 of 2 (ii) to be a violent act or an act that is dangerous to - (1) human life; (11) property; or (111) infrastructure; (its) to have resulted in damage within the United States, or outside of the United States in the case of- (1) an air carrier (as defined in section 40102 of title 49, United States Code) or United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States); or (II) the premises of a United States mission; and (iv) to have been committed by an individual or Individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. REJECTING TERRORISM INSURANCE COVERAGE-WHAT YOU MUST DO We have included in your policy coverage for losses resulting from "certified acts of terrorism" as defined above. THE PREMIUM CHARGE FOR THIS COVERAGE APPEARS ON THE DECLARATIONS PAGE OF THE POLICY AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOV- ERNMENT UNDER THE ACT. If we are providing you with a quote, the premium charge will also appear on your quote as a separate line item charge. IF YOU CHOOSE TO REJECT THIS COVERAGE, PLEASE CHECK THE BOX BELOW, SIGN THE ACKNOWL- EDGMENT, AND RETURN THIS FORM TO THE ADDRESS BELOW: Please ensure any resection is received within thirty (301 days of the effective date of Your policy. Before making a decision to reject terrorism insurance, refer to the Disclaimer for Standard Fire Policy States located at the end of this Notice. ❑ 1 hereby reject this offer of coverage. 1 understand that by rejecting this offer, I will have no coverage for losses arising from "certified acts of terrorism" and my policy will be endorsed accordingly. Policyholder/Applicant's Signature Print Name Date Signed Named Insured Policy Number GLENN THOMSON & BILL FEALY DBA: BKW (17) 57 01 17 57 KNOTTY TREE SERVICE Policy Effective/Expiration Date From 12/29/2016 To 12/29/2017 IF YOU REJECTED THIS COVERAGE, PLEASE RETURN THIS FORM TO: Attn: Commercial Lines Division -Terrorism PO Box 66400 London, KY 40742-6400 Note: Certain states (currently CA, GA, IA, IL, ME, MO, NY, NC, NJ, OR, RI, WA, WI and WV) mandate coverage for loss caused by fire following a"certified act of terrorism" in certain types of insurance policies. If you reject TRIA coverage in these states on those policies, you will not be charged any additional premium for that state mandated coverage. The summary of the Act and the coverage under your policy contained in this notice is necessarily general in nature. Your policy contains specific terms, definitions, exclusions and conditions. In case of any conflict, your policy language will control the resolution of all coverage questions. Please read your policy carefully. If you have any questions regarding this notice, please contact your agent. NP 72 42 01 15 0 2015 Liberty Mutual Insurance Page 2 of 2 NP 73 47 03 04 Important Notice Notice to Policyholders This explanation is not a part of your insurance policy, and it does not alter any of its provisions or conditions. Please refer any questions you may have to your insurance agent. As an artisan or construction related insured, a portion of your construction operations may be performed by subcontractors. In order to minimize your loss exposure and reduce your premium charge for subcontracted work, your subcontractors must cant' adequate insurance. Please read the following carefully to understand: 1. What is an "Adequately Insured Subcontractor"? "A subcontractor that has a valid certificate of insurance showing proof of Commercial General Liabil- ity, coverage, or its equivalency, with the Named Insured shown as a Certificate Holder and at least $300,000 (Occurrence) limits for the period of time work was performed." 2. How do we determine your premium for an "Adequately Insured Subcontractor"? If you are covered by our Artisan Contractors Program, there is no charge for "Adequately Insured `s Subcontractors" regarding your Commercial General Liability coverage. a If you are covered by our non-artisan construction related products, we will use the total cost of the subcontracted work to determine your premium regarding your Commercial General Liability cov- erage. The resulting premium charge to you will normally be much less than If the subcontractor is uninsured or carries an inadequately limit of insurance. In order to meet the requirement of having an "Adequately Insured Subcontractor", you must present satisfactory evidence of subcontractor's insurance by providing us with a valid Certificates of Insur- ance from your subcontractor, at the time of audit. The certificate must show proof of Commercial General Liability coverage with you as the Certificate Holder and at least $300,000 (Occurrence) limit for the period of time that the subcontractor performed work for you_ If you do not have satisfactory evidence of subcontractors insurance at the time of audit, your sub- contractors will be deemed inadequately insured. 3. How do we determine your premium for an inadequately insured subcontractor? If you cannot provide satisfactory evidence of the subcontractor's insurance at the time of audit, such as not being able to provide a Certificate of Insurance or the Certificate of Insurance has limits less than $300,000 (Occurrence), we will determine the premium for the inadequately insured subcontrac- tor as follows: • The subcontractor will be classed according to type of construction operation performed and charged the same as an employee. At the time of audit, we will request that you provide us with the subcontractor's payroll amount and a description of work performed for you. If we can not determine the subcontractor's payroll, your premium charge for the inadequately insured subcontractor will be based on the following: " If the insured's records do not disclose a breakdown between material and labor costs, but the total subcontract costs did include materials, use a minimum of 50% of the total cost as the premium basis. • If the subcontractor work was for labor only, use 90% of the total subcontract cost as the rating basis. 4. What records and documentation are you required to maintain? Please be sure that you keep clear and accurate records with a breakdown of payrolls and subcontrac- tor costs by type of work performed. In addition, be sure to obtain and save satisfactory evidence of subcontractor's insurance, such as Certificates of Insurance regarding all of your subcontractors. On the reverse side of the "Important Notice to Policyholders" we have included a helpful Subcontrac- tor Worksheet, WS 70 03 06 00, that may assist you to establishing an organized method of monitoring your subcontractor's work and their Certificates of Insurance. NP 73 47 03 04 Page 1 of 1 b. CD 0k2 ■ av ¢ § ■ � 7 c z uc � wo 0 * v4) CvCt � / § 3: § ° � 2 % $ E � a ■ J ■z ■ § ■ 0 > m » 'Ek0 � » 2 I $ a c too a � J ƒ 2 k ° © ® U2J � © .i 2 § o a ; w 2 a . § E 0 UI 7 o � / k & � © a � 0 2 _ > _ r c B t . = a m , " O / k 3 L � � o � % � m Q § cc U e x ° w � g w_ o u � e o NP 74 44 09 06 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. s This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. Please refer any questions you may have to your insurance agent. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presiden- tial declarations of"national emergency". OFAC has identified and listed numerous: 9 Foreign agents; • Front organizations; 9 Terrorists; o Terrorist organizations; and • Narcotics traffickers; as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's web site -http//www.treas.gov/ofac. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or Is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. a ® 2011 Liberty Mutual Insurance.All rights reserved. NP 74 44 09 06 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 NP74600107 Important Notice Notice to Policyholders This explanation is not a part of your insurance policy, and it does not alter any of its provisions or conditions. Please refer any questions you may have to your insurance agent. We would like to thank you for being a policyholder. We appreciate your business. If your policy contains a condition stating it is subject to a premium audit we would like to take this opportunity to explain how the audit process works and answer the most common questions we receive from our policyholders. The information in this notice will make it easier for you to prepare for your audit. Insurance Premium Audit Facts Audits can benefit our policyholders by allowing us to collect the appropriate amount of premium for each policy. Most commercial policies are written based on estimated or fluctuating exposure bases. At the end of the policy term an audit will determine the actual exposure bases and the premium will be adjusted accord- ingly. A company representative will conduct the audit. The premium auditor will examine and audit records that relate to your policy. The records necessary to complete the audit will vary, based on the coverages you have. Types of records that may be requested for your audit include, but are not limited to: • Payroll Records, including 941 forms • Sales Journals or income statements • General Ledger • Cash Disbursements Journal • Subcontractor Certificates Keeping accurate and complete records will allow the auditor to properly classify and allocate your expo- sures correctly. Often there are allowable credits available according to insurance manual classification and rating rules. The premium auditor will be able to give you the credits, to which you are entitled, if your records provide the necessary details. Providing the records your auditor needs can save you time and money as well as expedite the audit process. How Audits are Conducted Audits are handled in different ways, depending on the types of coverages you may have. We conduct audits in the following ways: Physical Audit - An auditor will contact you and set up a convenient time to personally come to your business and review your records. Phone Audit -Forms will be mailed to you, explaining what is necessary to complete a phone audit. The phone auditor will contact you or your bookkeeper for this information. Voluntary Audit -Forms will be mailed to you for completion. We will provide you with contact information if you need assistance in completing the forms. NP 74 50 01 07 Completing the audit Many states have enacted legislation that governs the time in which an audit must be completed, billed and paid. This applies to audits for cancelled policies as well as regular audits. In order to comply with state regulations, it is important to make your records available for audit when our representative contacts you. We will make every effort to complete the audit within a reasonable time after the close of the policy period stated in your policy. Frequently Asked Questions Q:What If I use subcontractors? A: Subcontractors are factored in to the audit process. Subcontractors who do not have insurance are treated as though they are your employees at the time of the audit. If your subcontractor furnishes you with a certificate of liability or workers' compensation insurance, your insurance cost for that subcontractor could be less. See your policy for details on limits of insurance required for certificates. Q:I have no employees and work alone. Does the insurance company still need to complete an audit? N EME A: Yes. The auditor will need to verify you worked alone by examining business records that may include tax filings, disbursements, and check stubs. Q:Do I need an audit if I have cancelled my policy or am no longer insured with you? s � A: An audit may still be necessary even if you no longer have an active policy with us. The audit would cover the time period for which you were insured by us. Other factors that may determine if an audit is necessary include the time the policy was in effect and the amount of premium involved. Q: If I use leased employees but the leasing company carries the liability, are the leased employees excluded from my General Liability policy? A: No. The manual rules stipulate that all leased employees are covered on the insured's policy. Q: Is it necessary to keep records on any casual labor I use? A: Yes. Casual labor payroll is examined during the audit. Q: What happens If I do not comply with the audit and fail to provide all necessary records and verifica- tion? A: It's important to provide the necessary information in order to complete the audit. If you fail to do so, your policy may be cancelled or nonrenewed. You may also receive an estimated audit statement based on increased policy exposure estimates due to non- compliance of audit. If you would like additional information about the policy audit process, your independent agent can assist you. The Premium Audit Department is also available to answer any questions you may have regarding this s process. Please contact us at 1-888-224-9246 or via E-mail at PremiumAuditServices@libertymutual.com NP 74 50 011 07 NP89710910 IMPORTANT POLICYHOLDER INFORMATION CONCERNING BILLING PRACTICES Dear Valued Policyholder: This insert provides you with important information about our policy billing practices that may affect you. Please review it carefully and contact your agent if you have any questions. Premium Notice: We will mail you a policy Premium Notice separately. The Premium Notice will provide you with specifics regarding your agent, the account and policy billed, the billing company, payment plan, policy number, transaction dates, description of transactions, charges/credits, policy amount balance, mini- mum amount, and payment due date. This insert explains fees that may apply to and be shown on your Premium Notice. Available Premium Payment Plans: Annual Payment Plan: When this plan applies, you have elected to pay the entire premium amount balance shown on your Premium Notice in full. No installment billing fee applies when the Annual Payment Plan applies. e Installment Payment Plan: When this plan applies, you have elected to pay your policy premium in installments (e.g.: quarterly or monthly installments - Installment Payment Plans vary by state). As noted below, an installment fee may apply when the Installment Payment Plan applies. The Premium Payment Plan that applies to your policy is shown on the top of your Premium Notice. Please contact your agent if you want to change your Payment Plan election. Installment Payment Plan Fee: If you elected to pay your premiums in installments using the Installment Premium Payment Plan, an installment billing fee applies to each installment bill. The installment billing charge will not apply, however, if you pay the entire balance due when you receive the bill for the first installment. Because the amount of the installment charge varies from state to state, please consult your Premium Notice for the actual fee that applies. Dishonored Payment Fee: Your financial institution may refuse to honor the premium payment withdrawal request you submit to us due to insufficient funds in your account or for some other reason. If that is the case, and your premium payment withdrawal request is returned to us dishonored, a payment return fee will apply. Because the amount of the return fee varies from state to state, please consult your Premium Notice for the actual fee that applies. Late Payment Fee: If we do not receive the minimum amount due on or before the date or time the payment is due, as indicated on your Premium Notice, you will receive a policy cancellation notice effective at a future date that will also reflect a late payment fee charge. Issuance of the cancellation notice due to non-payment of a scheduled installment(s) may result in the billing and collection of all or part of any outstanding premiums due for the policy period. Late Payment Fees vary from state to state and are not applicable in some states. Special Note: Please note that some states do not permit the charging of certain fees. Therefore, if your state does not allow the charging of an Installment Payment Plan, Dishonored Payment or Late Payment Fee,the disallowed fee will not be charged and will not be included on your Premium Notice. EFT-Automatic Withdrawals Payment Option: When you select this option, you will not be sent Premium Notices and, in most cases, will not be charged installment fees. For more information on our EFT-Auto- matic Withdrawals payment option, refer to the attached policyholder plan notice and enrollment sheet. Once again, please contact your agent if you have any questions about the above billing practice informa- tion. Thank you for selecting us to service your insurance needs. NP 89 71 09 10 0 2010 Liberty Mutual Insurance Company.All rights reserved. Page 1 of 1 NP96001014 GENERAL LIABILITY ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION EXCLUSIONS ADVISORY NOTICE TO POLICYHOLDERS Dear Valued Policyholder, Thank you for selecting us as your carrier for your commercial insurance. Your renewal policy contains an exclusion regarding access or disclosure of personal information. There is more than one version of the �-- exclusion and each is described below. Please note that not all of the forms or changes noted may apply to your specific policy. Any of the forms described in this notice may have comparable state specific forms in lieu of the forms mentioned below. In those situations, the title of the state forms on your policy will generally be very similar to one or more titles mentioned in this notice. The changes described below would also apply to those state specific forms, unless noted otherwise. In addition, this notice does not reference every change made to the endorsements or coverage forms, only material (or significant) changes. s i Please read your policy and review your declarations page for complete coverage information. No coverage is provided by this notice, nor can it be construed to replace any provisions of your policy_ If there are discrepancies between your policy and this notice, the provisions of the policy shall prevail. Should you have questions after reviewing the changes outlined below, please contact your broker or agent. Thank you for your business. With respect to bodily injury and property damage arising out of access or disclosure of confidential or personal information, these changes are a reinforcement of coverage intent. Damages related to data breaches, and certain data-related liability, are not intended to be covered by various liability coverage parts. These types of damages may be more appropriately covered under certain coverage endorsements providing data compromise, attack and extortion and network security liability. CG 21 06 05 14-Exclusion -Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability -With Limited Bodily Injury Exception (For Use With The Commercial General Liability Coverage Part) When this endorsement is attached to your policy: ♦ Under Coverage A-Bodily Injury And Property Damage Liability, coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforce- ment of coverage. ♦ Under Coverage B-Personal And Advertising Injury Liability, coverage is excluded for personal and s advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person's right of privacy, this may result in a reduction in coverage. CG 21 07 05 14-Exclusion -Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability - Limited Bodily Injury Exception Not Included (For Use With The Commercial General Liability Coverage Part) When this endorsement is attached to your policy: • Under Coverage A- Bodily Injury And Property Damage Liability, coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforce- ment of coverage. However, when this endorsement is attached, it will result in a reduction of coverage due to the deletion of an exception with respect to damages because of bodily injury arising out of loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. ® 2014 Liberty Mutual Insurance NP 96 00 10 14 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 2 • Under Coverage B-Personal And Advertising Injury Liability, coverage is excluded for personal and advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person's right of privacy, this may result in a reduction in coverage. CG 21 08 05 14 - Exclusion - Access Or Disclosure Of Confidential Or Personal Information (Coverage B Only) (For Use With The Commercial General Liability Coverage Part) When this endorsement is attached to your policy, coverage is excluded for personal and advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person's right of privacy, this may result in a reduction in coverage. CG 04 37 05 14-Electronic Data Liability (For Use With The Commercial General Liability Coverage Part) With respect to damages arising out of access or disclosure of confidential or personal information, when this endorsement is attached to your policy: Under Coverage A- Bodily Injury And Property Damage Liability, coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforce- ment of coverage. • Under Coverage B-Personal And Advertising Injury Liability, coverage is excluded for personal and advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person's right of privacy, this may result in a reduction in coverage. CG 33 53 05 14-Exclusion -Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability - With Limited Bodily Injury Exception (For Use With The Owners And Contractors Protective Liability Coverage Part and Products/Completed Operations Coverage Part) When this endorsement is attached to your policy, coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of coverage. CG 33 59 05 14-Exclusion -Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability -Limited Bodily Injury Exception Not Included (For Use With The Owners And Contractors Protec- tive Liability and Products/Completed Operations Liability Coverage Parts) When this endorsement is attached to your policy, coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of coverage. However, when this endorsement is attached, it will result in a reduction of coverage due to the deletion of an exception with respect to damages because of bodily injury arising out of loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. CG 33 63 05 14- Exclusion -Access, Disclosure Or Unauthorized Use Of Electronic Data (For Use With The Electronic Data Liability Coverage Part) With respect to damages arising out of access or disclosure of confidential or personal information, when this endorsement is attached to your policy coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of coverage. However, to the extent that damages arising out of theft or unauthorized viewing, copying, use, corruption, manipulation or deletion, of electronic data by any Named Insured, past or present employee, temporary worker or volunteer worker of the Named Insured may extend beyond loss of electronic data arising out of such theft or the other listed items, this revision may be considered a reduction in coverage. ® 2014 Liberty Mutual Insurance NP 96 00 10 14 Includes copyrighted material of Insurance Services Office,Inc,,with its permission. Page 2 of 2 Coverage is Provided In: Poli Number: Liberty West American Insurance Company BKW117) 57 0117 57 Mutual. 9450 Seward Road,Fairfield, Ohio 45014 Policy Period: INSURANCE From 12/29/2010 To 12/29/2017 12:01 am Standard Time Common Policy Declarations at Insured Mailing Location Named Insured&Mailing Address Agent Mailing Address&Phone No. GLENN THOMSON & BILL PF.ALY DBA: (877) 861-4595 KNOTTY TREE SERVICE BELL ANDERSON AGENCY INC PO Box 473 600 SW 39TH ST STE 200 ^� South Prairie, WA 98385-0473 RENTON, WA 98057-4919 a Named Insured Is:PARTNERSHIP >� Named Insured Business Is: TREE TRIMMING 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. N s SUMMARY OF COVERAGE PARTS AND CHARGES I� This policy consists of this Common Policy Declarations page, Common Policy Conditions, Coverage Parts (which consist of coverage forms and other applicable forms and endorsements, if any, issued to form a part of them) and any other forms and endorsements issued to be part of this policy. COVERAGE PART CHARGES Commercial Inland Marine $262.00 Commercial General Liability $l,564.00 Total Charges for all of the above coverage parts: $1,826.00 Certified Acts of Terrorism Coverage: $19.00 (Included) Note: This is not a bill IMPORTANT MESSAGES . This policy is auditable. Please refer to the conditions of the policy for details or contact your agent. Servicing Office Western Washington and Issue Date 11/14/16 Authorized Representative To report a claim, call your Agent or 1-800-366-6446 DS 70 21 11 16 11/14/16 57011757 POISVCS 200 NCXFPPNO INSURED COPY 001922 PAGE 13 OF 116 Coverage Is Provided In: Policy Number: Liberty West American Insurance Company BKW (17) 57 0117 57 M11tiUa1. Policy Period: INSURANCE From 12/29/2016 To 12/29/2017 Common Policy Declarations 12:01 am Standard Time at Insured Mailing Location Named Insured Agent GLENN THOMSON & BILL. FEALY DBA: (877) 861-4595 KNOTTY TREE SERVICE BELL ANDERSON AGENCY INC SUMMARY OF LOCATIONS This policy provides coverage for the following under one or more coverage parts. Please refer to the individual Coverage Declarations Schedules, or, the individual Coverage Forms for locations or territory definition for that specific Coverage Part. 0001 26425 142nd Ave E, Buckley, WA 98321-8937 POLICY FORMS AND ENDORSEMENTS This section lists the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE CG 0001 04 13 Commercial General liability Coverage Form - Occurrence CG 01 81 05 08 Washington Changes CG 01 97 12 07 Washington Changes - Employment-Related Practices Exclusion CG 04 42 11 03 Stop Gap - Employers Liability Coverage Endorsement - Washington CG 04 50 05 08 Washington Changes - Who Is An Insured CG 21 0605 14 Exclusion - Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability - With Limited Bodily Injury Exception CG 21 7001 15 Cap on Losses from Certified Acts of Terrorism CG 21 7601 15 Exclusion of Punitive Damages Related to a Certified Act of Terrorism CG 22 64 04 13 Pesticide or Herbicide Applicator - Limited Pollution Coverage CG 22 79 04 13 Exclusion - Contractors - Professional Liability CG 24 26 04 13 Amendment of Insured Contract Definition CG 26 77 12 04 Washington - Fungi or Bacteria Exclusion CG 83 20 12 08 Contractors Amendment of Pollution Exclusion (Job Sites) CG 84 94 12 08 Exclusion - Consolidated Insurance Programs Wrap-Up CG 84 9908 09 Non-Cumulation Liability Limits Same Occurrence In witness whereof, we have caused this policy to be signed by our authorized officers. Mark Touhey Paul Condrin Secretary President To report a claim, call your Agent or 1-800-362-0000 DS 70 21 11 16 11/14/16 57011757 POLSVCS 290 NCXFPPNO INSURED COPY 001922 PAGE 14 OF 116 Coverage Is Provided In: Poli Number: Liberty West American Insurance Company BPQ17y 57 0117 57 Mutual. 8450 Seward Road, Fairfield, Ohio 45014 Policy Period: INSURANCE From 12/29MOl6 To 12/29/2017 12:01 am Standard Time Common Policy Declarations at Insured Mailing Location Named Insured Agent GLENN THOMSON & BILL FEALY DBA: (877) 861-4595 KNOTTY TREE SERVICE BELL ANDERSON AGENCY INC E POLICY FORMS AND ENDORSEMENTS - CONTINUED r This section lists all of the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. > FORM NUMBER TITLE 8 CG 88 10 04 13 Commercial General Liability Extension CG 88 60 12 08 Each Location General Aggregate Limit CG 88 65 12 08 Voluntary Property Damage Extension CG 88 70 12 08 Construction Project(s)-General Aggregate Limit (Per Project) CG 88 72 12 08 Off Premises Property Damage Including Care, Custody or Control CG 88 77 12 08 Medical Expense At Your Request Endorsement CG 8927 10 09 Washington Exclusion - Asbestos CL 01 03 03 10 Common Policy Conditions - Washington CL 04 65 01 01 Loss Payable Endorsement - Washington CL 060001 15 Certified Terrorism Loss CL 0700 10 06 Virus or Bacteria Exclusion CM 76 13 07 13 Waiver of Theft Deductible IL 01 23 11 13 Washington Changes - Defense Costs IL 01 46 08 10 Washington Common Policy Conditions IL 01 98 09 08 Nuclear Energy Liability Exclusion Endorsement (Broad Form) IM 20 97 04 04 Amendatory Endorsement - Washington IM 70 00 04 04 Contractors' Equipment Coverage IM 79 02 05 04 Loss Payable Schedule To report a claim, call your Agent or 1-800-362-0000 DS 70 21 11 16 11/14/1fi 57011757 POLSVCS 290 NCXFPPNO INSURED COPY 001922 PAGE 15 OF 118 i This page intentionilly'left blank. 0 e ' Coverage Is Provided In: Policy Number: j.ibC)t't� West American Insurance Company BKW (17) 57 0117 57 Mutual. Policy Period: INSURANCE From 12/29r2016 To 12/29/2017 Commercial Inland Marine 12:01 am Standard Time Declarations at Insured Mailing Location Named Insured Agent GLENN THOMSON & BILL FF.ALY DBA: (877) 8614595 KNOTTY TREE SERVICE BELL ANDERSON AGENCY INC s� SUMMARY OF CHARGES 0 N Explanation of DESCRIPTION PREMIUM Charges I� Contract C< Equipment with Small Tools $252.00 s Commcrdal Inland Marine Schedule Totals $252.00 Certified Acts of Terr ism Coverage $10.00 Total Advance Charges: $262.00 Note: This is not a bill a To report a claim, call your Agent or 1-800-362-0000 DS 70 22 01 08 11/14/16 57011757 POLSVCS 290 NCXFPPNO INSURED COPY 001922 PAGE 17 OF 116 AAIS BKW (17) 57 01 17 57 IM 7005 01 12 PACE 1 OF 2 SCHEDULE OF COVERAGES CONTRACTORS' EQUIPMENT (The entries required to complete this schedule will be shown below or on tie"schedule of coverages".) PROPERTY COVERED (check one) [X]Scheduled Equipment (Refer to Equipment Schedule) [ ]Schedule On File "LIMIT" Catastrophe Limit--The most "we"pay for loss in any one occurrence is: $ 222,934 COVERAGE EXTENSIONS Additional Debris Removal Expenses $ 5,000 SUPPLEMENTAL COVERAGES Employee Tools $ 5,000 Equipment Leased or Rented From Others $ 190,000 Newly Purchased Equipment (check one) [X] Percentage of Catastrophe Limit 30 % [ ] Dollar Limit $ Pollutant Cleanup and Removal $ 25,000 Rental Reimbursement - Reimbursement Limit $ 5.000 -Waiting Period 72 Hours Spare Parts and Fuel $ 5,000 Copyright. American Association of Insurance Services,Inc.,2012 11/14/16 57011757 POLSVCS 290 NCXFPPNO INSURED COPY 001922 PAGE 18 OF 116 AAIS IM 7005 01 12 PAGE 2 OF 2 COINSURANCE (check one) [ ] 90% [ ] 90% [X] 100% [ ] OTHER % REPORTING CONDITIONS (check if applicable) [X]Equipment Leased or Rented From Others - Reporting Rate $ 1.00 t� e� > -- Deposit Premium $ 100 s iW -- Minimum Premium $ 3 VALUATION (check if applicable) 8 [ ]Actual Cash Value [ ] Replacement Cost am [X] Indicated on Equipment Schedule DEDUCTIBLE (check one) [X]Flat Deductible Amount $ 1,000 [ ]Percentage Deductible % Maximum Deductible Amount $ Minimum Deductible Amount $ ADDITIONAL INFORMATION a 8 A IM 7005 01 12 Copyright, American Association of Insurance Services,Inc.,2012 11/14/16 57011757 POLSVCS 290 NCXFPPNO INSURED COPY 001922 PAGE 19 OF 116 AAIS BKW (1.7) 57 01 17 57 IM 7031 01 12 EQUIPMENT SCHEDULE CONTRACTORS' EQUIPMENT VALUATION BASIS (The entries required to complete this schedule will be shown below or on the "schedule of coverages".) SCHEDULED EQUIPMENT AA= Agreed Amount ACV = Actual Cash Value RP= Replacement Cost Item No. Valuation Description of Equipment "Limit" 1 ACV 2006 Vermeer Brush Chipper BC140OXC $ 32, 934 $ $ $ o $ IM 7031 01 12 Copyright,American Association of Insurance Services,Inc.,2012 11/14716 57011757 PDLSVCS 290 NCXFPPNO INSURED COPY 601922 PAGE 20 OF 116 Coverage is Provided In: Policy Number: 1P L117CP1y West American Insurance Company OKlilt (17) 57 0117 57 Mutual. Policy Period: INSURANCE Commercial General Liability From 12/29/2016 To 12/29/2017 Declarations 12:01 am Standard Time at Insured Mailing Location Basis:Occurrence Named Insured Agent GLENN THOMSON & BILL FEALY DBA: (877) 861-4595 KNOTTY TREE SERVICE BELL ANDERSON AGENCY INC a ® SUMMARY OF LIMITS AND CHARGES MM Commercial DESCRIPTION LIMIT General Each Occurrence Limit 1,000,000 Liability Damage To Premises Rented To You Limit (Any One Premises) 1,000,000 f o Limits $ Limits of Medical Expense Limit (Any One Person) _ 15,000 insuraPersonal and Advertising Injury Limit 11000,000 General Aggregate Limit (Other than Products- Completed Operations) 2,000,000 Products - Completed Operations Aggregate Limit 2,000,000 Explanation of DESCRIPTION PREMIUM Charges General Liability Schedule Totals 1,555.00 Certified Acts or Terrorism Coverage 9.00 Total Advance Charges: $1,564.00 Note: This is not a bill a To report a claim, call your Agent or 1-800-362-0000 DS 70 22 01 08 11/14/16 57011757 POLSVCS 290 NCXFPPNO INSURED COPY 001922 PAGE 21 OF 116 Coverage is Provided in.- Policy Number: Liberty West American Insurance Company BKW (17) 57 0117 57 Mutual. Policy Period: INSURANCE Commercial General Liability From 12/29/2016 To 12/29/2017 12:01 am Standard Time Declarations Schedule at Insured Mailing Location Named Insured Agent GLENN THOMSON & BILL FEALY DBA: (877) 861-4595 KNOTTY TREE SERVICE BELL. ANDERSON AGENCY INC SUMMARY OF CLASSIFICATIONS -BY LOCATION 0001 26425 142nd Ave E,Buckley, WA 98321-8937 Insured: GLENN THOMSON & BILL FEALY DBA: CLASSIFICATION- 99777 Tree Pruning, Dusting, Spraying, Repairing, Trimming Or Fumigating Products-Completed Operations Are Subject To The General Aggregate Limit. RATED/PER COVERAGE DESCRIPTION PREMIUM BASED ON- Co-Partners 1,000 PREMIUM Premise/Operations 17,800 Dollars Of Payroll 32.414 $577.00 Total Included CLASSIFICATION- 99777 Tree Pruning, Dusting, Spraying, Repairing, Trimming Or Fumigating Products-Completed Operations Are Subject To The General Aggregate Limit. RATED/PER COVERAGE DESCRIPTION PREMIUM BASED ON- Employees Payroll 1,000 PREMIUM a Premise/Operations 22,080 Dollars Of Payroll 32.414 $716.00 Total. Included SUMMARY OF OTHER COVERAGE COVERAGE DESCRIPTION PREMIUM To report a claim, call your Agent or 1-800-362-0000 DS 70 23 10 16 11/14/16 57011757 POLSVCS 290 NCXFPPNO INSURED COPY 001922 PAGE 22 OF 116 Coverage Is Provided In.- Policy Number: 1 berty West American Insurance Company BKW (17) 57 0117 57 Mutual. Policy Period: INSURANCE Commercial General Liability From 12/29/2016 To 12/29/2017 Declarations Schedule 12:01 am Standard Time at Insured Mailing Location Named Insured Agent GLENN THOMSON & BILL FLALY DBA: (877) 861-4595 KNOTTY TREE SERVICE BELL ANDERSON AGENCY INC SUMMARY OF OTHER COVERAGE - continued a COVERAGE DESCRIPTION u PREMIUM s� Construction Projects) - General Aggregate Limit (Per $125.00 Project) Contractors Amendment of Pollution Exclusion (Job Sites) $13.00 s l� Off Premises Property Damage Care, Custody or Control No Charge Voluntary Property Damage $50.00 RATED/PER CLASSIFICATION- 92400 PREMIUM BASED ON- 1,000 Stop Gap - Employers Liability Stop Gap Employers' Liability - WA 20,000 Dollars of Payroll .164 $3.00 Minimum Premium Adjustment $71.00 Commercial General Liability Schedule Total S1,555.00 a Ff To report a claim, call your Agent or 1-800-362-0000 DS 70 23 10 16 11/14/16 57011757 POLSVCS 290 NCXFPPNO INSURED COPY 001922 PAGE 23 OF 116 This page intentionally left blank. COMMERCIAL GENERAL LIABILITY CG 00 01 04 13 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. b. This insurance applies to "bodily injury" Read the entire policy carefully to determine and "property damage" only if. rights, duties and what is and is not covered. (1) The "bodily injury" or "property Throughout this policy the wards "you" and damage" is caused by an "occur- "your" refer to the Named Insured shown in the rence" that takes place in the "cov- Declarations, and any other person or organiza- erage territory",, _ tion qualifying as a Named Insured under this (2) The "bodily injury" or "property policy. The words "we", "us" and "our" refer to damage" occurs during the policy r� the company providing this insurance. period; and The word "insured" means any person or organi- (3) Prior to the policy period, no insured zation qualifying as such under Section 11 -Who Is listed under Paragraph 1. of Section An Insured. II - Who Is An Insured and no "em- Other words and phrases that appear in quotation ployee" authorized by you to give or marks have special meaning. Refer to Section V - receive notice of an "occurrence" or Definitions. claim, knew that the "bodily injury" or "property damage" had occurred, a SECTION I-COVERAGES in whole or in part. If such a listed COVERAGE A - BODILY INJURY AND PROPERTY insured or authorized "employee" DAMAGE LIABILITY knew, prior to the policy period, that 1. Insuring Agreement the "bodily injury" or"property dam- a. We will pay those sums that the insured age" occurred, then any continu- ation, change or resumption of such becomes legally obligated to pay as dam- "bodily injury" or "property dam- � ages because of "bodily injury" or"prop- age" during or after the policy period erty damage" to which this insurance ap- will be deemed to have been known plies. We will have the right and duty to prior to the policy period. defend the insured against any "suit" seeking those damages. However, we C. "Bodily injury" or "property damage" will have no duty to defend the insured which occurs during the policy period against any "suit" seeking damages for and was not, prior to the policy period, "bodily injury" or "property damage" to known to have occurred by any insured which this insurance does not apply. We listed under Paragraph 1. of Section 11 - may, at our discretion, investigate any Who Is An Insured or any "employee" au- "occurrence" and settle any claim or thorized by you to give or receive notice "suit" that may result. But: of an "occurrence" or claim, includes any (1) The amount we will pay for damages continuation, change or resumption of is limited as described in Section III - that "bodily injury" or "property dam- Limits Of Insurance; and age" after the end of the policy period. (2) Our right and duty to defend ends d. "Bodily injury" or "property damage" will be deemed to have been known to when we have used up the applica- have occurred at the earliest time when ble limit of insurance in the payment any insured listed under Paragraph 1. of of judgments or settlements under Section II - Who Is An Insured or any Coverages A or B or medical ex- "employee" authorized by you to give or penses under Coverage C. receive notice of an "occurrence" or No other obligation or liability to pay claim: sums or perform acts or services is cov- (1) Reports all, or any part, of the "bod- ered unless explicitly provided for under ily injury or property damage to Supplementary Payments - Coverages A us or any other insurer; and B. (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property dam- age"; or CG 00 01 04 13 ® Insurance Services Office, Inc., 2012 Page 1 of 17 (3) Becomes aware by any other means c. Liquor Liability that "bodily injury" or "property "Bodily injury" or "property damage" for damage" has occurred or has begun which any insured may be held liable by to occur, reason of: e. Damages because of "bodily injury" in- (1) Causing or contributing to the intoxi- clude damages claimed by any person or cation of any person; organization for care, loss of services or (2) The furnishing of alcoholic bever- death resulting at any time from the ages to a person under the legal "bodily injury". drinking age or under the influence 2. Exclusions of alcohol; or This insurance does not apply to: (3) Any statute, ordinance or regulation a. Expected Or Intended Injury relating to the sale, gift, distribution Bodily injury" or"property damage" ex- or use of alcoholic beverages. pected or intended from the standpoint of This exclusion applies even if the claims the insured. This exclusion does not ap- against any insured allege negligence or ply to "bodily injury" resulting from the other wrongdoing in: use of reasonable force to protect per- (a) The supervision, hiring, employ- sons or property. ment, training or monitoring of b. Contractual Liability others by that insured; or "Bodily injury" or "property damage" for (b) Providing or failing to provide which the insured is obligated to pay transportation with respect to damages by reason of the assumption of any person that may be under liability in a contract or agreement. This the influence of alcohol; exclusion does not apply to liability for if the "occurrence" which caused the damages: "bodily injury" or "property damage", in- (1) That the insured would have in the volved that which is described in Para- absence of the contract or agree- graph (1), (2) or(3) above. ment; or However, this exclusion applies only if (2) Assumed in a contract or agreement you are in the business of manufacturing, that is an "insured contract', pro- distributing, selling, serving or furnishing vided the "bodily injury" or "proper- alcoholic beverages. For the purposes of ty damage" occurs subsequent to the this exclusion, permitting a person to execution of the contract or agree- bring alcoholic beverages on your prem- ment. Solely for the purposes of li- ises, for consumption on your premises, ability assumed in an "insured con- whether or not a fee is charged or a li- tract", reasonable attorneys' fees cense is required for such activity, is not and necessary litigation expenses in- by itself considered the business of sell- curred by or for a party other than an ing, serving or furnishing alcoholic bev- insured are deemed to be damages erages. because of "bodily injury" or "prop- d. Workers' Compensation And Similar erty damage", provided: Laws (a) Liability to such party for, or for Any obligation of the insured under a the cost of, that party's defense workers' compensation, disability bene- '� has also been assumed in the fits or unemployment compensation law same "insured contract"; and or any similar law. (b) Such attorneys' fees and litiga- e. Employer's Liability tion expenses are for defense of "Bodily injury" to: that party against a civil or alter- native dispute resolution pro- (1) An "employee" of the insured aris- ceeding in which damages to ing out of and in the course of: which this insurance applies are (a) Employment by the insured; or alleged. (b) Performing duties related to the conduct of the insured's busi- ness; or Page 2 of 17 0 Insurance Services Office, Inc., 2012 CG 00 01 04 13 (2) The spouse, child, parent, brother or (ill) "Bodily injury" or "property sister of that "employee" as a con- damage" arising out of heat, sequence of Paragraph (1) above. smoke or fumes from a This exclusion applies whether the in- "hostile fire"; sured may be liable as an employer or in (b) At or from any premises, site or any other capacity and to any obligation location which is or was at any to share damages with or repay someone time used by or for any insured else who must pay damages because of or others for the handling, stor- the injury. age, disposal, processing or This exclusion does not apply to liability treatment of waste; assumed by the insured under an "in- (c) Which are or were at any time ® sured contract". transported, handled, stored, f. Pollution treated, disposed of, or pro- (1) "Bodily injury" or "property dam- cessed as waste by or for: age" arising out of the actual, al- (1) Any insured; or leged or threatened discharge, (ii) Any person or organization dispersal, seepage, migration, re- for whom you may be legal- lease or escape of"pollutants": ly responsible; or & (a) At or from any premises, site or (d) At or from any premises, site or 8 location which is or was at any location on which any insured or time owned or occupied by, or any contractors or subcontrac- rented or loaned to, any insured. tors working directly or indirect- However, this subparagraph ly on any insured's behalf are does not apply to: performing operations if the (i) "Bodily injury" if sustained "pollutants" are brought on or to within a building and caused the premises, site or location in by smoke, fumes, vapor or connection with such operations soot produced by or origi- by such insured, contractor or nating from equipment that subcontractor. However, this is used to heat, cool or de- subparagraph does not apply to: humidify the building, or (i) "Bodily injury" or "property equipment that is used to damage" arising out of the heat water for personal use, escape of fuels, lubricants or by the building's occupants other operating fluids which or their guests; are needed to perform the (ii) "Bodily injury" or "property normal electrical, hydraulic damage" for which you may or mechanical functions be held liable, if you are a necessary for the operation contractor and the owner or of "mobile equipment" or lessee of such premises, site its parts, if such fuels, 8 or location has been added lubricants or other operating to your policy as an addi- fluids escape from a vehicle tional insured with respect part designed to hold, store to your ongoing operations or receive them. This excep- performed for that addition- tion does not apply if the al insured at that premises, "bodily injury" or "property site or location and such damage" arises out of the premises, site or location is intentional discharge, not and never was owned or dispersal or release of the occupied by, or rented or fuels, lubricants or other op- loaned to, any insured, other erating fluids, or if such fu- than that additional insured; els, lubricants or other oper- or ating fluids are brought on or to the premises, site or lo- cation with the intent that they be discharged, dis- persed or released as part of CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 3 of 17 U b0 LO 00 93 ZLOZ ''oUI 'WL40 saolnJag aouemsul © L6;o q abed „;uaw •/4!aoy;ne le;u8ww9no6 e;o -d!nba al!gow„ ;o uog!ugep ;leyaq uo jo dq ul!ns„ jo w!elo yons jo 'luawannbei dioleln6aj jo djoin ayl ;o (g)•; jo (Z)•l ydej6eaed -leis Jo Japio 'puewap ')senbei yons ui palsll luawdlnbe jo tiau!yo ;o aouesge ayl u! aney pinoM pamsu! -ew ay) ;o due ;o uolleaado ayl (q) ay) )ey) „aBewep dvadoid„ ;o asneo jo 'pa6eie6 Ailed -aq sa6ewep jo; dl!l!ge!l of dldde -!ouud jo pasuao±l Si i! aaayM Mel tou saop ydei6eied s!yl 'JanannoH aouemsui alolyan jolow iay)o o s)oaga ay} jo Mel dill!q!suodsai lerjueu0 „slueinllod„ i �o dJoslndwoo a o; �afgns )ou 6ulssasse to 'ol 6ulpuodsa� deM due u± jo '6ulzlle4nau jo 6uldp aiaM i! ;! „luawd!nba al!gow„ -xo)ap 6w)ea�) 6ulule)uoo '6u! ;o uo!)lu ap ay) iapun d;!lenb -nowej 'dn 6u!ueal3 '6uljol!uow pinoM leyl alolyan puel a ';o lied jol 6u1.1sal ;o asneoaq safe - jo 'ol payoelte sl Imp tuawd±nba -wep jo; dtuoylne le)uawwano6 jo diawyoew ;o uo±lejado ayl (e) a ;o ;legeq uo jo dq )!ns jo w!elo (q) :;o ino 6ulsue „96e io .„S}Uel -wep dliedoid„ jo „Ajnfui dl±pog„ (5) -nllod„ ';o sloage ay) ssasse Jo io 'i}ejoualeM 'ol puodsai deM due u! jo 'azlle.4 jo ijejome ;o asn jo aoueualulew -nau jo d;!xolap '1e84 'u1e)u03 'd!ysiauMo ayl jol „)oa4uoo pains 'anowei 'dn ueelo 'jol!uow 'jol -ul„ due japun pawnsse dl!l!geil (b) )sal siay)o jo pamsui due leyl :pains )uawannbei tioleln6ai jo dJol -ui ay) jo nod of paueol io paluai io -n)els jo japio 'puewap ')senbeH (e) dq peuMo ;ou s! „olne„ ay) pap!nwd :due;o ';uai jo uMo nod sas±waid 'ol ixau )no 6u!sue asuadxa jo )soo 'ssol duy (z) sdeM ay) uo jo 'uo „olne„ ue 6ulXJed (g) „sjuejnllod„ ';o stool 'a6meyo a jol dvadoid jo -;a ay) ssasse jo 'ol puodsaj deM suosiad dueo of pasn 6ulaq ION (q) due u! jo 'azlleilneu jo d;!xo)ap pue '6uol )aa;gZ uey)ssal (a) 'lea; 'uleluoo 'anowaJ 'dn ueep :si )ey) ueno )ou op nod lieaoia)eM y (Z) 'jolluoui 'Jo; )sal o) aie suo!)eia -do ay) ;! suopeiado 6unwojrad 'luej jo uMo nod ses! we ;leyaq s,pamsul due uo Al -ward uo ajoyse ellgm )4eiaa)eM y M -toailpul Jo dlloailp 6uppom sJo) :o) dldde lou saop uo!snloxe slyl -oejluoogns jo sioloeiluoo due 'pamsus due of paueol io paluai io pamsui due yolyM uo uo!)eool jo dq pa)e eclo jo peuMo s1 ley) quo jo a)!s 'saslwaid due woq jo ;y (a) -jalum jo „olne„ 'Uejoile due ;o sjay)o of •„aiy al!)soy„ )uaw)sru)ue jo asn 'aoueua)u!ew 'd!ysje a w04 sawn; Jo aAows -UMo ay) panlonul „86ewep dvadoid„ jo leaq ;o ino 6ulsue „96ewep „d.rnful dllpoq„ ay) pasneo yo!gm „aouej dvadoid„ jo „knful dl!Pog„ (!!!) -m000„ at;l p 'pamsui ley) dq siaylo ;o ao 'ioloei)uoogns jo aol 6uliol!uow jo 6ulu!e.4 'luawdoldwe '6u! _oejluoo a dq ;legeq mod uo a±y 'uo!simadns ayl ul 6u1op6uaM Jay;o jo nod dq pauuovad fu!aq io 93u96116au 06011e pamsui due isule6e suo±lejado y)lM uo!loauuoo swlelo ay) ;! uana sa!ldde uolsnloxe s!yl u+ 6u!pllnq ;ey) o)u! ly6naq „6ulpeolun�o fulpeol„ sleualew wog} sioden pue uogeiado sapnlou± asn 'pamsui jo sawry 'sase6 ;o asealai due of paueol jo paluai jo dq palejado ay) dq pasneo pue 6u!pl!nq jo paumo l;ejoia)eM jo „olne„ 'Ueaone a ulyl!M pau!e;sns „96ewep due ;o siay)o o) luaw)srutue to asn 'aoue dvadoid„ jo „fJnfui dl!pog„ (l!) -ualu!ew 'dlysiaumo ay) ;o ino 6u!sus :Joloeiluoogns ao joloei)uoo „96ewep dvadad jo „dmfu! dl!pog„ 'pamsui yons dq pawjo; UejsjaleM jo olnv 'up-miV s -jed 6u±aq suogejado ayl h. Mobile Equipment (6) That particular part of any property "Bodily injury" or "property damage" that must be restored, repaired or re- arising out of: placed because "your work" was in- (1) The transportation of "mobile equip- correctly performed on it. ment" by an "auto" owned or oper- Paragraphs (1), (3) and (4) of this exclu- ated by or rented or loaned to any sion do not apply to "property damage" insured; or (other than damage by fire) to premises, (2) The use of"mobile equipment" in, or including the contents of such premises, while in practice for, or while being rented to you for a period of seven or e prepared for, any prearranged rac- fewer consecutive days. A separate limit ing, speed, demolition, or stunting of insurance applies to Damage To Prem- ises Rented To You as described in Sec- tion III -Limits Of Insurance. I. War Paragraph (2) of this exclusion does not "Bodily injury" or "property damage", apply if the premises are "your work" however caused, arising, directly or indi- and were never occupied, rented or held rectly. out of: for rental by you. (1) War, including undeclared or civil Paragraphs (3), (4), (5) and (6) of this ex- war; clusion do not apply to liability assumed (2) Warlike action by a military force, in- under a sidetrack agreement. s t� cluding action in hindering or de- Paragraph (6) of this exclusion does not t� fending against an actual or expect- apply to "property damage" included in ed attack, by any government, the "products-completed operations haz- sovereign or other authority using and". military personnel or other agents; k. Damage To Your Product or (3) Insurrection, rebellion, revolution, "Property damage" to "your product" usurped power, or action taken by arising out of it or any part of it. governmental authority in hindering I. Damage To Your Work or defending against any of these. "Property damage" to "your work" aris- j. Damage To Property ing out of it or any part of it and included "Property damage" to: in the "products-completed operations hazard". (1) Property you own, rent, or occupy, This exclusion does not apply if the including any costs or expenses in- damaged work or the work out of which curred by you, or any other person, the damage arises was performed on organization or entity, for repair, re- your behalf by a subcontractor. placement, enhancement, restora- tion or maintenance of such property m. Damage To Impaired Property Or Prop- for any reason, including prevention erty Not Physically Injured of injury to a person or damage to "Property damage" to "impaired proper- 5 another's property; ty" or property that has not been phys- (2) Premises you sell, give away or ically injured, arising out of: abandon, if the "property damage" (1) A defect, deficiency, inadequacy or x arises out of any part of those prem- dangerous condition in "your prod- ises; uct" or"your work'; or (3) Property loaned to you; (2) A delay or failure by you or anyone (4) Personal property in the care, custo- acting on your behalf to perform a dy or control of the insured; contract or agreement in accordance (6) That particular part of real property with its terms. on which you or any contractors or This exclusion does not apply to the loss subcontractors working directly or of use of other property arising out of Indirectly on your behalf are per- sudden and accidental physical injury to forming operations, if the "property "your product" or "your work" after it damage" arises out of those oper- has been put to its intended use. ations; or CG 00 01 04 13 v Insurance Services Office, Inc., 2012 Page 5 of 17 n. Recall Of Products, Work Or Impaired (4) Any federal, state or local statute, or- Property dinance or regulation, other than the Damages claimed for any loss, cost or ex- TCPA, CAN-SPAM Act of 2003 or pense incurred by you or others for the FCRA and their amendments and ad- loss of use, withdrawal, recall, inspec- ditions, that addresses, prohibits, or lion, repair, replacement, adjustment, re- limits the printing, dissemination, moval or disposal of: disposal, collecting, recording, send- (1) "Your product"; ing, transmitting, communicating or distribution of material or informa- (2) "Your work"; or lion. (3) "Impaired property"; Exclusions c. through n. do not apply to dam- if such product, work, or property is with- age by fire to premises while rented to you or drawn or recalled from the market or temporarily occupied by you with permission from use by any person or organization of the owner. A separate limit of insurance because of a known or suspected defect, applies to this coverage as described in Sec- deficiency, inadequacy or dangerous tion III -Limits Of Insurance. condition in it. o. Personal And Advertising Injury COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY "Bodily injury" arising out of "personal and advertising injury". 1. Insuring Agreement p. Electronic Data a. We will pay those sums that the insured becomes legally obligated to pay as dam- Damages arising out of the loss of, loss ages because of "personal and advertis- of use of, damage to, corruption of, in- ing injury to which this insurance ap- ability to access, or inability to manipu- plies. We will have the right and duty to late electronic data. defend the insured against any "suit" However, this exclusion does not apply seeking those damages. However, we to liability for damages because of "bod- will have no duty to defend the insured ily injury". against any "suit" seeking damages for As used in this exclusion, electronic data "personal and advertising injury" to means information, facts or programs which this insurance does not apply. We stored as or on, created or used on, or may, at our discretion, investigate any of- transmitted to or from computer soft- fense and settle any claim or "suit" that ware, including systems and applications may result. But: software, hard or floppy disks, CD-ROMs, (1) The amount we will pay for damages tapes, drives, cells, data processing de- is limited as described in Section III - vices or any other media which are used Limits Of Insurance; and with electronically controlled equipment. (2) Our right and duty to defend end q. Recording And Distribution Of Material when we have used up the applica- Or Information In Violation Of Law ble limit of insurance in the payment "Bodily injury" or "property damage" of judgments or settlements under arising directly or indirectly out of any ac- Coverages A or B or medical ex- tion or omission that violates or is al- penses under Coverage C. leged to violate: No other obligation or liability to pay (1) The Telephone Consumer Protection sums or perform acts or services is cov- Act (TCPA), including any amend- ered unless explicitly provided for under ment of or addition to such law; Supplementary Payments - Coverages A (2) The CAN-SPAM Act of 2003, includ- and B. ing any amendment of or addition to b. This insurance applies to "personal and such law; advertising injury" caused by an offense (3) The Fair Credit Reporting Act (FCRA), arising out of your business but only if and any amendment of or addition to the offense was committed in the "cov- such law, including the Fair and Ac- erage territory" during the policy period. curate Credit Transactions Act (FACTA); or Page 6 of 17 0 Insurance Services Office, Inc., 2012 CG 00 01 04 13 2. Exclusions I. Infringement Of Copyright, Patent, This insurance does not apply to: Trademark Or Trade Secret a. Knowing Violation Of Rights Of Another "Personal and advertising injury" arising "Personal and advertising injury" caused out of the infringement of copyright, pat- by or at the direction of the insured with ent, trademark, trade secret or other in- the knowledge that the act would violate tellectual property rights. Under this ex- the rights of another and would inflict clusion, such other intellectual property "personal and advertising injury". rights do not include the use of another's advertising idea in your "advertisement". b. Material Published With Knowledge Of However, this exclusion does not apply Falsity to infringement, in your "advertisement", "Personal and advertising injury" arising of copyright, trade dress or slogan. out of oral or written publication, in any manner, of material, if done by or at the 1• Insureds In Media And Internet Type direction of the insured with knowledge Businesses of its falsity. "Personal and advertising injury" com- mitted by an insured whose business is: ~ c. Material Published Prior To Policy Period a "Personal and advertising injury" arising (1) Advertising, broadcasting, publish- out of oral or written publication, in any ing or telecasting; ® manner, of material whose first publics- (2j Designing or determining content of s s� tion took place before the beginning of web sites for others; or the policy period. (3) An Internet search, access, content d. Criminal Acts or service provider. "Personal and advertising injury" arising However, this exclusion does not apply out of a criminal act committed by or at to Paragraphs 14.a., b. and c. of "person- the direction of the insured. al and advertising Injury" under the Defi- nitions section. " e. Contractual Liability For the purposes of this exclusion, the "Personal and advertising injury" for placing of frames, borders or links, or ad- which the insured has assumed liability vertising, for you or others anywhere on in a contract or agreement. This exclu- s the Internet, is not by itself, considered ion does not apply to liability far dam- the business of advertising, broadcast- ages that the insured would have in the absence of the contract or agreement. ing, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards f. Breach Of Contract "Personal and advertising injury arising "Personal and advertising injury" arising out of a breach of contract, except an im- out of an electronic chatroom or bulletin plied contract to use another's advertis- board the insured hosts, owns, or over ing idea in your "advertisement". which the insured exercises control. g. Quality Or Performance Of Goods - Fail- I. Unauthorized Use Of Another's Name Or a ure To Conform To Statements Product "Personal and advertising injury" arising "Personal and advertising injury" arising out of the failure of goods, products or out of the unauthorized use of another's services to conform with any statement name or product in your e-mail address, of quality or performance made in your domain name or metatag, or any other "advertisement". similar tactics to mislead another's po- tential customers. h. Wrong Description Of Prices m. Pollution "Personal and advertising injury" arising out of the wrong description of the price 'Personal and advertising injury„ arising of goods, products or services stated in out of the actual, alleged or threatened your goods, "advertisement'. discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. CG 00 01 04 13 O Insurance Services Office, Inc., 2012 Page 7 of 17 n. Pollution-related (4) Any federal, state or local statute, or- Any loss, cost or expense arising out of dinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or any: FCRA and their amendments and ad- (1) Request, demand, order or statutory ditions, that addresses, prohibits, or or regulatory requirement that any limits the printing, dissemination, insured or others test for, monitor, disposal, collecting, recording, send- clean up, remove, contain, treat, de- ing, transmitting, communicating or toxify or neutralize, or in any way re- distribution of material or informa- spond to, or assess the effects of, tion. "pollutants'; or COVERAGE C-MEDICAL PAYMENTS (2) Claim or suit by or on behalf of a governmental authority for damages 1. Insuring Agreement because of testing for, monitoring, a. We will pay medical expenses as de- cleaning up, removing, containing, scribed below for "bodily injury" caused treating, detoxifying or neutralizing, by an accident: or in any way responding to, or as- (1) On premises you own or rent; sessing the effects of, "pollutants". (2) On ways next to premises you own o. war or rent; or "Personal and advertising injury", how- (3) Because of your operations; ever caused, arising, directly or indirect- provided that: ly, out of: (a) The accident takes place in the (1) War, including undeclared or civil "coverage territory" and during war; the policy period; (2) Warlike action by a military force, in- (b) The expenses are incurred and cluding action in hindering or de- reported to us within one year of fending against an actual or expect- the date of the accident; and ed attack, by any government, sovereign or other authority using (c) The injured person submits to military personnel or other agents; examination, at our expense, by or physicians of our choice as often as we reasonably require. (3) Insurrection, rebellion, revolution, usurped power, or action taken by b. We will make these payments regardless governmental authority in hindering of fault. These payments will not exceed or defending against any of these. the applicable limit of insurance. We will pay reasonable expenses for: p. Recording And Distribution Of Material (1) First aid administered at the time of Or Information In Violation Of Law an accident; "Personal and advertising injury" arising directly or indirectly out of any action or (2) Necessary medical, surgical, X-ray omission that violates or is alleged to vio- and dental services, including pros- thetic devices; and late: (1) The Telephone Consumer Protection (3) Necessary ambulance, hospital, pro- Act (TCPA), including any amend- fessional nursing and funeral ser- ment of or addition to such law; vices. (2) The CAN-SPAM Act of 2003, includ- 2. Exclusions ing any amendment of or addition to We will not pay expenses for "bodily injury": such law; a. Any Insured (3) The Fair Credit Reporting Act (FCRA), To any insured, except "volunteer and any amendment of or addition to workers". such law, including the Fair and Ac- b. Hired Person curate Credit Transactions Act (FACTA); or To a person hired to do work for or on behalf of any insured or a tenant of any insured. Page 8 of 17 m Insurance Services Office, Inc., 2012 CG 00 01 04 13 c. Injury On Normally Occupied Premises g. All interest on the full amount of any To a person injured on that part of prem- judgment that accrues after entry of the ises you own or rent that the person nor- judgment and before we have paid, of- mally occupies. fered to pay, or deposited in court the part of the judgment that is within the ap- d. Workers' Compensation And Similar plicable limit of insurance. Laws These payments will not reduce the limits of To a person, whether or not an "employ- insurance. ee" of any insured, if benefits for the _ "bodily injury" are payable or must 6e Z• If we defend an insured against a "suit" and provided under a workers' compensation an indemnitee of the insured is also named as or disability benefits law or a similar law. a party to the "suit", we will defend that indemnitee if all of the following conditions e. Athletics Activities are met: To a person injured while practicing, in- a. The "suit" against the indemnitee seeks strutting or participating in any physical damages for which the insured has as- exercises or games, sports, or athletics sumed the liability of the indemnitee in a I� contests. contract or agreement that is an insured f. Products-Completed Operations Hazard contract`; Included within the "products-completed b. This insurance applies to such liability operations hazard". assumed by the insured; 9• 9 9 Coverage A Exclusions c. The obligation to defend, or the cost of e� Excluded under Coverage A. the defense of, that indemnitee, has also SUPPLEMENTARY PAYMENTS - COVERAGES A been assumed by the insured in the same AND B "insured contract'; 1. We will pay, with respect to any claim we in- d. The allegations in the "suit" and the in- vestigate or settle, or any "suit" against an formation we know about the occur- rence" are such that no conflict appears insured we defend: to exist between the interests of the in- a. All expenses we Incur. sured and the interests of the b. Up to $250 for cost of bail bonds required indemnitee; because of accidents or traffic law viola- e. The indemnitee and the insured ask us to tions arising out of the use of any vehicle conduct and control the defense of that to which the Bodily Injury Liability Cov- indemnitee against such "suit" and agree erage applies. We do not have to furnish that we can assign the same counsel to these bonds. defend the insured and the indemnitee; c. The cost of bonds to release attachments, and but only for bond amounts within the ap- f. The indemnitee: plicable limit of insurance. We do not (1) Agrees in writing to: have to furnish these bonds. d. All reasonable expenses incurred by the (a) Cooperate with us in the inves- insured at our request to assist us in the tigation, settlement or defense investigation or defense of the claim or of the "suit'; "suit", including actual loss of earnings (b) Immediately send us copies of up to $250 a day because of time off from any demands, notices, sum- work. monses or legal papers received e. All court costs taxed against the insured in connection with the "suit`; in the "suit". However, these payments (c) Notify any other insurer whose do not include attorneys' fees or attor- coverage is available to the neys' expenses taxed against the in- indemnitee; and sured. (d) Cooperate with us with respect f. Prejudgment interest awarded against to coordinating other applicable the insured on that part of the judgment insurance available to the we pay. If we make an offer to pay the indemnitee; and applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. CG 00 01 04 13 ® Insurance Services Office, Inc., 2012 Page 9 of 17 (2) Provides us with written authoriza- e. A trust, you are an insured. Your trustees tion to: are also insureds, but only with respect (a) Obtain records and other infor- to their duties as trustees. mation related to the "suit`; and 2. Each of the following is also an insured: (b) Conduct and control the defense a. Your "volunteer workers" only while per- of the indemnitee in such "suit". forming duties related to the conduct of So long as the above conditions are met, at- your business, or your "employees", oth- tomeys' fees incurred by us in the defense of er than either your "executive officers" (if that indemnitee, necessary litigation ex- you are an organization other than a part- penses incurred by us and necessary litiga- nership, joint venture or limited liability tion expenses incurred by the indemnitee at company) or your managers (if you are a our request will be paid as Supplementary limited liability company), but only for Payments. Notwithstanding the provisions of acts within the scope of their employ- Paragraph 2.b.(2) of Section I - Coverage A - ment by you or while performing duties Bodily Injury And Property Damage Liability, related to the conduct of your business. such payments will not be deemed to be However, none of these "employees" or damages for bodily injury and 'property "volunteer workers" are insureds for: damage" and will not reduce the limits of in- (1) "Bodily injury" or "personal and ad- surance. vertising injury": Our obligation to defend an insured's (a) To you, to your partners or indemnitee and to pay for attorneys' fees and members (if you are a partner- necessary litigation expenses as Supplemen- ship or joint venture), to your tary Payments ends when we have used up members (if you are a limited li- the applicable limit of insurance in the pay- ability company), to a co-"em- ment of judgments or settlements or the con- ployee" while in the course of ditions set forth above, or the terms of the his or her employment or per- agreement described in Paragraph f. above, forming duties related to the are no longer met. conduct of your business, or to SECTION II -WHO IS AN INSURED your other "volunteer workers" 1. If you are designated in the Declarations as; while performing duties related to the conduct of your business; a. An individual, you and your spouse are (b) To the spouse, child, parent, insureds, but only with respect to the brother or sister of that co- "em- conduct of a business of which you are ployee" or "volunteer worker' the sole owner. as a consequence of Paragraph b. A partnership or joint venture, you are an (1)(a) above; insured. Your members, your partners, (c) For which there is any obligation and their spouses are also insureds, but to share damages with or repay only with respect to the conduct of your someone else who must pay business. damages because of the injury c. A limited liability company, you are an described in Paragraph (1)(a) or insured. Your members are also in- (b) above; or sureds, but only with respect to the con- (d) Arising out of his or her provid- duct of your business. Your managers are ing or failing to provide profes- insureds, but only with respect to their sional health care services. duties as your managers. d. An organization other than a partnership, (2) "Property damage" to property: joint venture or limited liability company, (a} Owned, occupied or used by; you are an insured. Your "executive of (b) Rented to, in the care, custody or ficers" and directors are insureds, but control of, or over which phys- only with respect to their duties as your ical control is being exercised for officers or directors. Your stockholders any purpose by; are also insureds, but only with respect you, any of your "employees", "vol- to their liability as stockholders. unteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). Page 10 of 17 0 Insurance Services Office, Inc., 2012 CG 00 011 04 113 b. Any person (other than your "employee" b. Damages under Coverage A, except dam- or "volunteer worker"), or any organiza- ages because of "bodily injury" or "prop- tion while acting as your real estate man- erty damage" included in the "products- ager. completed operations hazard"; and c. Any person or organization having prop- c. Damages under Coverage B. er temporary custody of your property if 3. The Prodycts-Completed Operations Aggre- you die, but only: gate Limit is the most we will pay under (1) With respect to liability arising out of Coverage A for damages because of "bodily the maintenance or use of that prop- injury" and "property damage" included in erty; and the "products-completed operations hazard". (2) Until your legal representative has 4. Subject to Paragraph 2. above, the Personal been appointed. And Advertising Injury Limit is the most we d. Your legal representative if you die, but will pay under Coverage B for the sum of all only with respect to duties as such. That damages because of all "personal and adver- representative will have all your rights tising injury" sustained by any one person or " and duties under this Coverage Part, organization. 3. Any organization you newly acquire or form, 5. Subject to Paragraph 2. or 3. above, which- other than a partnership, ever applies, the Each Occurrence Limit is the ® p p, joint venture or PP limited liability company, and over which you most we will pay for the sum of: €; 09= maintain ownership or majority interest, will a. Damages under Coverage A;and qualify as a Named Insured if there is no oth- b. Medical expenses under Coverage C er similar insurance available to that organi- zation. However: because of all "bodily injury" and "property damage" arising out of any one "occur- a. Coverage under this provision is afforded rence", only until the 90th day after you acquire 6. Subject to Paragraph 5. above, the Damage or form the organization or the end of the To Premises Rented To You Limit is the most policy period, whichever is earlier; b. Coverage A does not apply to "bodily in- we will pay under Coverage A for damages g pp y y because of property damage' to any one jury" or "property damage" that occurred premises, while rented to you, or in the case before you acquired or formed the orga- of damage by fire, while rented to you or tem- nization; and porarily occupied by you with permission of c. Coverage B does not apply to "personal the owner. and advertising injury" arising out of an 7. Subject to Paragraph 5. above, the Medical offense committed before you acquired Expense Limit is the most we will pay under or formed the organization. Coverage C for all medical expenses because No person or organization is an insured with re- of "bodily injury" sustained by any one per- spect to the conduct of any current or past part- son. nership, joint venture or limited liability company The Limits of Insurance of this Coverage Part ap- that is not shown as a Named Insured in the Decs. - ' laration ply separately to each consecutive annual period a and to any remaining period of less than 12 SECTION III -LIMITS OF INSURANCE months, starting with the beginning of the policy 1. The Limits of Insurance shown in the Declara- period shown in the Declarations, unless the poli- tions and the rules below fix the most we will cy period is extended after issuance for an add!- pay regardless of the number of. tional period of less than 12 months. In that case, the additional period will be deemed part of the a. Insureds; last preceding period for purposes of determining b. Claims made or "suits" brought; or the Limits of Insurance. c. Persons or organizations making claims SECTION IV - COMMERCIAL GENERAL or bringing "suits". LIABILITY CONDITIONS 2. The General Aggregate Limit is the most we 1. Bankruptcy will pay for the sum of: Bankruptcy or insolvency of the insured or of a. Medical expenses under Coverage C; the insured's estate will not relieve us of our obligations under this Coverage Part. CG 00 01 04 13 ® Insurance Services Office, Inc., 2012 Page 11 of 17 2. Duties In The Event Of Occurrence, Offense, A person or organization may sue us to re- Claim Or Suit cover on an agreed settlement or on a final a. You must see to it that we are notified as judgment against an insured; but we will not soon as practicable of an"occurrence" or be liable for damages that are not payable un- an offense which may result in a claim. der the terms of this Coverage Part or that are To the extent possible, notice should in- in excess of the applicable limit of insurance. clude: An agreed settlement means a settlement (1) How, when and where the "occur- and release of liability signed by us, the in- sured and the claimant or the claimant's legal rence" or offense took place; representative. (2) The names and addresses of any in- 4. Other Insurance jured persons and witnesses; and (3) The nature and location of any injury If other valid and collectible insurance is or damage arising out of the "occur- available to the insured for a loss we cover rence" or offense. under Coverages A or B of this Coverage Part, our obligations are limited as follows.- b. If a claim is made or "suit" is brought a. Primary Insurance against any insured, you must: This insurance is primary except when (1) Immediately record the specifics of Paragraph b. below applies. If this insur- the claim or "suit" and the date re- ance is primary, our obligations are not ceived; and affected unless any of the other insur- (2) Notify us as soon as practicable. ance is also primary. Then, we will share You must see to it that we receive written with all that other insurance by the meth- notice of the claim or "suit" as soon as od described in Paragraph c. below. practicable. b. Excess Insurance c. You and any other involved insured (1) This insurance is excess over: must: (a) Any of the other Insurance, (1) Immediately send us copies of any whether primary, excess, contin- demands, notices, summonses or le- gent or on any other basis: gal papers received in connection (1) That is Fire, Extended Cov- with the claim or"suit"; erage, Builder's Risk, Instal- (2) Authorize us to obtain records and lation Risk or similar other information; coverage for "your work"; (3) Cooperate with us in the investiga- (ii) That is Fire insurance for tion or settlement of the claim or de- premises rented to you or fense against the "suit'; and temporarily occupied by you (4) Assist us, upon our request, in the with permission of the own- enforcement of any right against any er; person or organization which may be (iii) That is insurance purchased liable to the insured because of in- by you to cover your liability jury or damage to which this insur- as a tenant for "property ance may also apply. damage" to premises rented d. No insured will, except at that insured's to you or temporarily occu- own cost, voluntarily make a payment, pied by you with permission assume any obligation, or incur any ex- of the owner; or pense, other than for first aid, without our (iv) If the loss arises out of the consent, maintenance or use of air- 3. Legal Action Against Us craft, "autos" or watercraft No person or organization has a right under to the extent not subject to this Coverage Part: Exclusion g. of Section I - a. To join us as a party or otherwise bring Coverage A - Bodily Injury us into a"suit" asking for damages from And Property Damage Li- an insured; or ability. b. To sue us on this Coverage Part unless all of its terms have been fully complied with. Page 12 of 17 0 Insurance Services Office, Inc., 2012 CG 00 01 04 13 (b) Any other primary insurance b. Premium shown in this Coverage Part as available to you covering liabil- advance premium is a deposit premium ity for damages arising out of the only. At the close of each audit period we premises or operations, or the will compute the earned premium for products and completed oper- that period and send notice to the first ations, for which you have been Named Insured. The due date for audit added as an additional insured. and retrospective premiums is the date (2) When this insurance is excess, we shown as the due date on the bill. If the will have no duty under Coverages A sum of the advance and audit premiums ® or B to defend the insured against paid for the policy period is greater than o any "suit" if any other insurer has a the earned premium, we will return the duty to defend the insured against excess to the first Named Insured. that "suit". If no other insurer de- c. The first Named Insured must keep l fends, we will undertake to do so, but records of the information we need for we will be entitled to the insured's premium computation, and send us rights against all those other insur- copies at such times as we may request. a� ers• 6. Representations (3) When this insurance is excess over By accepting this policy, you agree: other insurance, we will pay only our a. The statements in the Declarations are "s share of the amount of the loss, if accurate and complete; any, that exceeds the sum of: (a) The total amount that all such b. Those statements are based upon repre- other insurance would pay for sentations you made to us; and the loss in the absence of this in- c. We have issued this policy in reliance surance; and upon your representations. (b) The total of all deductible and 7. Separation Of Insureds self-insured amounts under all Except with respect to the Limits of Insur- that other insurance. ance, and any rights or duties specifically as- (4) We will share the remaining loss, if signed in this Coverage Part to the first any, with any other insurance that is Named Insured, this insurance applies: not described in this Excess Insur- a. As if each Named Insured were the only ance provision and was not bought Named Insured; and specifically to apply in excess of the b. Separately to each insured against whom Limits of Insurance shown in the claim is made or"suit" is brought. Declarations of this Coverage Part. g, Transfer Of Rights Of Recovery Against Oth- c. Method Of Sharing ers To Us If all of the other insurance permits con- If the insured has rights to recover all or part tribution by equal shares, we will follow of any payment we have made under this this method also. Under this approach Coverage Part, those rights are transferred to each insurer contributes equal amounts us. The insured must do nothing after loss to a until it has paid its applicable limit of in- impair them. At our request, the insured will surance or none of the loss remains, bring "suit" or transfer those rights to us and whichever comes first. help us enforce them. „ If any of the other insurance does not per- 9. When We Do Not Renew mit contribution by equal shares, we will If we decide not to renew this Coverage Part, contribute by limits. Under this method, we will mail or deliver to the first Named In- each insurer's share is based on the ratio sured shown in the Declarations written ho- of its applicable limit of insurance to the tice of the nonrenewal not less than 30 days total applicable limits of insurance of all before the expiration date. insurers. 5. Premium Audit If notice is mailed, proof of mailing will be sufficient proof of notice. a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. CG 00 01 04 13 0 Insurance Services Office, Inc., 2012 Page 13 of 17 SECTION V-DEFINITIONS (3) "Personal and advertising injury" 1. "Advertisement" means a notice that is offenses that take place through the broadcast or published to the general public Internet or similar electronic means or specific market segments about your of communication; goods, products or services for the purpose of provided the insured's responsibility to pay attracting customers or supporters. For the damages is determined in a "suit" on the purposes of this definition: merits, in the territory described in Paragraph a. Notices that are published include mate- a. above or in a settlement we agree to. rial placed on the Internet or on similar S. "Employee" includes a "leased worker". electronic means of communication; and "Employee" does not include a "temporary b. Regarding web sites, only that part of a worker', web site that is about your goods, pro- 6. "Executive officer" means a person holding ducts or services for the purposes of at- any of the officer positions created by your tracting customers or supporters is con- charter, constitution, bylaws or any other sidered an advertisement. similar governing document. 2. "Auto" means: 7. "Hostile fire" means one which becomes un- a. A land motor vehicle, trailer or controllable or breaks out from where it was semitrailer designed for travel on public intended to be, roads, including any attached machinery S. "Impaired property" means tangible proper- or equipment; or ty, other than "your product" or "your work", b. Any other land vehicle that is subject to a that cannot be used or is less useful because: compulsory or financial responsibility a. It incorporates "your product" or "your law or other motor vehicle insurance law work" that is known or thought to be de- where it is licensed or principally ga- fective, deficient, inadequate or danger- raged. ous; or However "auto" does not include "mobile b. You have failed to fulfill the terms of a equipment". contract or agreement; 3. "Bodily injury" means bodily injury, sickness if such property can be restored to use by the or disease sustained by a person, including repair, replacement, adjustment or removal death resulting from any of these at any time. of "your product" or "your work" or your ful- 4. "Coverage territory" means: filling the terms of the contract or agreement. a. The United States of America (including 9. "Insured contract" means: its territories and possessions), Puerto a. A contract for a lease of premises. How- Rico and Canada; ever, that portion of the contract for a b. International waters or airspace, but only lease of premises that indemnifies any if the injury or damage occurs in the person or organization for damage by fire course of travel or transportation be- to premises while rented to you or tem- tween any places included in Paragraph porarily occupied by you with permission a. above; or of the owner is not an"insured contract' a c. All other parts of the world if the injury or b. A sidetrack agreement; damage arises out of: c. Any easement or license agreement, ex- (1) Goods or products made or sold by cept in connection with construction or you in the territory described in Para- demolition operations on or within 50 feet of a railroad; graph a. above; (2) The activities of a person whose d. An obligation, as required by ordinance, home is in the territory described in to indemnify a municipality, except in Paragraph a. above, but is away for a connection with work for a municipality; short time on your business; or e. An elevator maintenance agreement; Page 14 of 17 0 Insurance Services Office, Inc., 2012 CG 00 01 04 13 f. That part of any other contract or agree- b. While it is in or on an aircraft, watercraft ment pertaining to your business (includ- or"auto'; or ing an indemnification of a municipality a. While it is being moved from an aircraft, In connection with work performed for a watercraft or "auto" to the place where it municipality) under which you assume is finally delivered; the tort liability of another party to pay but "loading or unloading" does not include for "bodily injury" or "property damage" the movement of property by means of a me- to a third person or organization. Tort li- chanical device, other than a hand truck, that ability means a liability that would be im- is not attached to the aircraft, watercraft or posed by law in the absence of any con- e tract or agreement. "auto". Paragraph f. does not include that part of 12. "Mobile equipment" means any of the fol- any contract or agreement: lowing types of land vehicles, including any attached machinery or equipment: (1) That indemnifies a railroad for "bod- ily injury" or "property damage" a. Bulldozers, farm machinery, forklifts and arising out of construction or other vehicles designed for use principal- demolition operations, within 50 feet ly off public roads; © of any railroad property and affecting b. Vehicles maintained for use solely on or any railroad bridge or trestle, tracks, next to premises you own or rent; road-beds, tunnel, underpass or c. Vehicles that travel on crawler treads; s crossing; d. Vehicles, whether self-propelled or not, (2) That indemnifies an architect, engi- maintained primarily to provide mobility neer or surveyor for injury or dam- to permanently mounted: age arising out of: (1) Power cranes, shovels, loaders, dig- (a) Preparing, approving, or failing gers or drills; or to prepare or approve, maps, (2) Road construction or resurfacing shop drawings, opinions, re- equipment such as graders, scrapers ports, surveys, field orders, or rollers; change orders or drawings and e. Vehicles not described in Paragraph a., specifications; or b., c. or d. above that are not self- (b) Giving directions or instructions, propelled and are maintained primarily to or failing to give them, if that is provide mobility to permanently attached the primary cause of the injury equipment of the following types: or damage; or (1) Air compressors, pumps and gener- (3) Under which the insured, if an archi- ators, including spraying, welding, tect, engineer or surveyor, assumes building cleaning, geophysical ex- liability for an injury or damage aris- ploration, lighting and well servicing ing out of the insured's rendering or equipment; or failure to render professional ser- (2) Cherry pickers and similar devices vices, including those listed in (2) used to raise or lower workers; above and supervisory, inspection, architectural or engineering activi- f. Vehicles not described in Paragraph a., ties. b., c. or d. above maintained primarily for 10. "Leased worker" means a person leased to purposes other than the transportation of you by a labor leasing firm under an agree- persons or cargo. ment between you and the labor leasing firm, However, self-propelled vehicles with the to perform duties related to the conduct of following types of permanently attached your business. "Leased worker' does not in- equipment are not "mobile equipment" clude a"temporary worker". but will be considered "autos": 11. "Loading or unloading" means the handling (1) Equipment designed primarily for: of property: (a) Snow removal; a. After it is moved from the place where it (b) Road maintenance, but not con- is accepted for movement into or onto an struction or resurfacing; or aircraft, watercraft or"auto"; (c) Street cleaning; CG 00 01 04 13 0 Insurance Services Office, Inc., 2012 Page 15 of 17 (2) Cherry pickers and similar devices 16. "Products-completed operations hazard": mounted on automobile or truck a. Includes all "bodily injury" and "property chassis and used to raise or lower damage" occurring away from premises workers; and you own or rent and arising out of "your (3) Air compressors, pumps and gener- product" or "your work" except: ators, including spraying, welding, (1) Products that are still in your phys- building cleaning, geophysical ex- ical possession; or ploration, lighting and well servicing (2) Work that has not yet been complet- equipment. ed or abandoned. However, "your However, "mobile equipment" does not in- work" will be deemed completed at clude any land vehicles that are subject to a the earliest of the following times: compulsory or financial responsibility law or (a) When all of the work called for in other motor vehicle insurance law where it is your contract has been complet- licensed or principally garaged. Land vehicles ed. subject to a compulsory or financial respon- sibility law or other motor vehicle insurance (b) When all the work to be done site law are considered "autos". at the job ste has been complet- 13. "Occurrence" means an accident, including t if your contract calls for work a continuous or repeated exposure to substan- at more than one job site. tially the same general harmful conditions. (c) When that part the work done 14. "Personal and advertising injury" means in- at a job site hass been put its in jury, including consequential "bodily injury", intended use any personn or arising out of one or more of the following organization other than another contractor or subcontractor offenses: working on the same project. a. False arrest, detention or imprisonment; Work that may need service, main- b. Malicious prosecution; tenance, correction, repair or re- c. The wrongful eviction from, wrongful en- placement, but which is otherwise try into, or invasion of the right of private complete, will be treated as complet- occupancy of a room, dwelling or prem- ed. ises that a person occupies, committed b. Does not include "bodily injury" or by or on behalf of its owner, landlord or "property damage" arising out of: lessor; (1) The transportation of property, un- d. Oral or written publication, in any man- less the injury or damage arises out ner, of material that slanders or libels a of a condition in or on a vehicle not person or organization or disparages a owned or operated by you, and that person's or organization's goods, pro- condition was created by the "load- ducts or services; ing or unloading" of that vehicle by e. Oral or written publication, in any man- any insured; ner, of material that violates a person's (2) The existence of tools, uninstalled right of privacy; equipment or abandoned or unused f. The use of another's advertising idea in materials; or your "advertisement"; or (3) Products or operations for which the g. Infringing upon another's copyright, classification, listed in the Declara- ' trade dress or slogan in your "advertise- tions or in a policy Schedule, states ment". that products-completed operations 16. "Pollutants" mean any solid, liquid, gaseous are subject to the General Aggregate or thermal irritant or contaminant, including Limit. smoke, vapor, soot, fumes, acids, alkalis, 17. "Property damage" means: chemicals and waste. Waste includes mated- a. Physical injury to tangible property, fin- als to be recycled, reconditioned or re- cluding all resulting loss of use of that claimed. property. All such loss of use shall be deemed to occur at the time of the phys- ical injury that caused it; or Page 16 of 17 0 Insurance Services Office, Inc., 2012 CG 00 01 04 13 b. Loss of use of tangible property that is 21. "Your product": not physically injured. All such loss of a. Means: use shall be deemed to occur at the time of the "occurrence" that caused it. (1) Any goods or products, other than of this insurance, electronic real property, manufactured, sold, For the purposes handled, distributed or disposed of data is not tangible property. by: As used in this definition, electronic data (a) You; means information, facts or programs stored (b) Others trading under your name; as or on, created or used on, or transmitted to or i= or from computer software, including sys- tems and applications software, hard or flop- py disks, CD-ROMs, tapes, drives, cells, data business or assets you have ac- processing devices or any other media which quired; and are used with electronically controlled equip- (2) Containers (other than vehicles), ma- ment. terials, parts or equipment furnished in connection with such goods or s � 18. "Suit" means a civil proceeding in which 9 damages because of "bodily injury", "prop- products. erty damage", or "personal and advertising b. Includes: injury" to which this insurance applies are al- (1) Warranties or representations made leged. "Suit" includes: at any time with respect to the fit- MERE! a. An arbitration proceeding in which such ness, � p g quality, durability, perfor- damages are claimed and to which the mance or use of"your product'; and insured must submit or does submit with (2) The providing of or failure to provide our consent; or warnings or instructions. b. Any other alternative dispute resolution c. Does not include vending machines or proceeding in which such damages are other property rented to or located for the claimed and to which the insured sub- use of others but not sold. mits with our consent. 22. "Your work": 19. "Temporary worker' means a person who is a. Means: furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or (1) Work or operations performed by short-term workload conditions. you or on your behalf; and 20. "Volunteer worker" means a person who is (2) Materials, parts or equipment fur- not your "employee", and who donates his or nished in connection with such work her work and acts at the direction of and with- or operations. in the scope of duties determined by you, and b. Includes: is not paid a fee, salary or other compensa- (1) Warranties or representations made tion by you or anyone else for their work per- at any time with respect to the fit- formed for you. ness, quality, durability, perfor- mance or use of"your work"; and (2) The providing of or failure to provide warnings or instructions. CG 00 01 04 13 ® Insurance Services Office, Inc., 2012 Page 17 of 17 COMMERCIAL GENERAL LIABILITY CG 01 81 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 With respect to "employees" of the insured A. Exclusion e. of Coverage A-Bodily Injury And whose employment is subject to the Indus- Property Damage Liability (Section I -Cover- trial Insurance Act of Washington, the refer- ages) applies only to "bodily injury" to any ence to "volunteer workers" is removed from "employee" of the insured whose employ- Paragraph 2.(a) of Section II - Who Is An In- ment is not subject to the Industrial Insurance sured and Paragraph 2.a.(1) of Section II is Act of Washington (Washington Revised replaced with the following: Code Title 51). 2. Each of the following is also an insured: With respect to "bodily injury" to "employ- a. Your "employees", other than either ees" of the insured whose employment is your "executive officers" (if you are subject to the Industrial Insurance Act of an organization other than a partner- Washington, Exclusion e. is replaced with the ship, joint venture or limited liability following: company) or your managers (if you This insurance does not apply to: are a limited liability company), but 1. "Bodily injury" to an "employee" of the only for acts within the scope of their insured arising out of and in the course employment by you or while per- of: forming duties related to the conduct of your business. However, none of a. Employment by the insured; or these "employees" is an insured for: b. Performing duties related to the con- (1) "Bodily injury" or "personal and duct of the insured's business; or advertising injury": 2. Any obligation to share damages with or (a) To you, to your partners or repay someone else who must pay dam- members (if you are a part- ages because of the injury. nership or joint venture), to This exclusion does not apply to liability as- your members (if you are a sumed by the insured under an "insured con- limited liability company), tract". or to a co-"employee" while B. Paragraphs 2.a.(1)(a), (b) and (c) of Section II - that co-"employee" is either Who Is An Insured apply only to "employees" in the course of his or her _ of the insured whose employment is not sub- employment or performing ject to the Industrial Insurance Act of Wash- duties related to the conduct ington (Washington Revised Code Title 51). of your business; (b) For which there is any obli- gation to share damages with or repay someone else who must pay damages be- cause of the injury described in Paragraph (1)(a) above; or (c) Arising out of his or her pro- viding or failing to provide professional health care ser- vices. CG 01 81 05 08 © ISO Properties, Inc., 2007 Page 1 of 1 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 Para- B. The following exclusion is added to Para- graph 2., Exclusions of Coverage A - Bodily graph 2., Exclusions of Coverage B Personal " Injury And Property Damage Liabilit y (Sec- Injury And Advertising Injury Llabllity (Sec- tion I Coverages): tion I-Coverages): 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 employ- b. Termination of that person's employ- ment; or ment; or c. Employment-related practices, pol- c. Employment-related practices, poli- icies, acts or omissions, such as cies, acts or omissions, such as coercion, demotion, evaluation, rea- coercion, demotion, evaluation, ssignment, discipline, defamation, reassignment, discipline, defama- harassment, humiliation, discrimina- tion, harassment, humiliation, dis- tion or malicious prosecution direct- crimination or malicious prosecution ed at that person; or directed at that person; or 2. The spouse, child, parent, brother or sis- 2. The spouse, child, parent, brother or sis- ter of that person as a consequence of ter of that person as a consequence of "bodily injury" to that person at whom "personal and advertising Injury" to that any of the employment- related practices person at whom any of the employment- described in Paragraphs a., b. and c. related practices described in Paragraphs above is directed. a., b. and c. above is directed. This exclusion applies: This exclusion applies: 1. Whether the injury-causing event de- 1. Whether the injury-causing event de- scribed in Paragraphs a., b. or c. above scribed in Paragraphs a., b. or c. above a occurs before employment, during em- occurs before employment, during em- ployment or after employment of that ployment or after employment of that person; person; 2. Whether the insured may be liable as an 2. Whether the insured may be liable as an employer or in any other capacity; and employer or in any other capacity; and 3. To any obligation to share damages with 3. To any obligation to share damages with or repay someone else who must pay or repay someone else who must pay damages because of the injury. damages because of the injury. However, Paragraphs 1.a. and 2, of this exclu- However, Paragraphs 1.a. and 2. of this exclu- sion do not apply if such "bodily injury" is sion do not apply if such "personal and ad- sustained by any "employee" of the insured vertising injury" is sustained by any "employ- whose employment is subject to the Indus- ee" of the insured whose employment is trial Insurance Act of Washington (Washing- subject to the Industrial Insurance Act of ton Revised Code Title 51). Washington (Washington Revised Code Title 51). CG 01 97 12 07 ® ISO Properties, Inc., 2006 Page 1 of 1 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 04 42 11 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. STOP GAP - EMPLOYERS LIABILITY COVERAGE ENDORSEMENT - WASHINGTON This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Limits Of Insurance Bodily Injury By Accident $ 1000000 Each Accident Bodily Injury By Disease $ 1000000 Aggregate Limit Bodily Injury By Disease $ 1000000 Each Employee (If no entry appears above, the 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 - Cover- No other obligation or liability to pay ages: sums or perform acts or services is COVERAGE - STOP GAP - EMPLOYERS LI- covered unless explicitly provided ABILITY for under Supplementary Payments. 1. Insuring Agreement b. This insurance applies to "bodily in- a. We will pay those sums that the in- jury by accident" or "bodily injury by sured becomes legally obligated by disease' only if: Washington Law to pay as damages (1) The: because of "bodily injury by acci- (a) "Bodily injury by accident" dent" or "bodily injury by disease" or"bodily injury by disease" to your "employee" to which this in- takes place in the "coverage surance applies. We will have the territory' right and duty to defend the insured (b) "Bodily injury by accident" against any "suit" seeking those or "bodily injury by disease" damages. However, we will have no arises out of and in the duty to defend the insured against course of the injured "em- any "suit" seeking damages to which ployee's" employment by this insurance does not apply. We you; and may, at our discretion, investigate {c} "Employee", at the time of any accident and settle any claim or "suit" that may result. But: the injury, was covered un- der a worker's compensa- (1) The amount we will pay for dam- tion policy and subject to a ages is limited as described in "workers compensation Section III -Limits Of Insurance; law" of Washington; and and (2) The: (2) Our right and duty to defend end (a) "Bodily injury by accident" when we have used up the ap- is caused by an accident that plicable limit of insurance in the payment of judgments or settle- occurs during the policy pe- ments under this coverage. riod; or CG 04 42 11 03 ® ISO Properties,Inc.,2003 Page 1 of 5 (b) "Bodily injury by disease" is b. Fines Or Penalties caused by or aggravated by Any assessment, penalty, or fine conditions of employment levied by any regulatory inspection by you and the injured "em- agency or authority. ployee's" last day of last ex- c. Statutory Obligations posure to the conditions causing or aggravating such Any obligation of the insured under a "bodily injury by disease" workers' compensation, disability occurs during the policy pe- benefits or unemployment compen- dod sation law or any similar law. c. The damages we will pay, where re- d. Contractual Liability covery is permitted by law, include Liability assumed by you under any damages: contract or agreement. (1) For: e. Violation Of Law y (a) Which you are liable to a "Bodily injury by accident" or "bod- third party by reason of a ily injury by disease" suffered or claim or "suit" against you caused by any employee while em- by that third party to recover ployed in violation of law with your the damages claimed actual knowledge or the actual against such third party as a knowledge of any of your "executive result of injury to your "em- officers". t ployee"; f. Termination, Coercion Or Discrimi- (b) Care and loss of services; nation and Damages arising out of coercion, (c) Consequential "bodily injury criticism, demotion, evaluation, by accident" or "bodily in- reassignment, discipline, defama- R jury by disease" to a spouse, tion, harassment, humiliation, dis- child, parent, brother or sis- crimination against or termination of ter of the injured "employ- any "employee", or arising out of ee'; other employment or personnel de- provided that these damages are cisions concerning the insured. the direct consequence of "bod- g. Failure To Comply With "Workers ily injury by accident" or "bodily Compensation Law" injury by disease" that arises out "Bodily injury by accident" or "bod- of and in the course of the in- ily injury by disease" to an "employ- jured "employee's" employment ee" when you are: by you; and (1) Deprived of common law (2) Because of "bodily injury by ac- defenses; or cident" or "bodily injury by dis- _ ease" to your "employee" that (2) Otherwise subject to penalty; arises out of and in the course of because of your failure to secure employment, claimed against your obligations or other failure you In a capacity other than as to comply with any 'Workers employer. compensation law". 2. Exclusions h. Violation Of Age Laws Or Employ- This insurance does not apply to: ment Of Minors a. Intentional Injury "Bodily injury by accident" or "bod- ily injury by disease suffered or "Bodily injury by accident" or "bod- caused by any person: ily injury by disease" intentionally (1) Knowingly employed by you in caused or aggravated by you, or "bodily injury by accident" or "bod- violation of any law as to age; or ily injury by disease" resulting from (2) Under the age of 14 years, re- an act which is determined to have gardless of any such law, been committed by you if it was rea- sonable to believe that an injury is substantially certain to occur, Page 2 of 5 0 ISO Properties,Inc.,2003 CG 04 42 11 03 1. Federal Laws 2. A partnership or joint venture, you are an Any premium, assessment, penalty, insured. Your members, your partners, fine, benefit, liability or other obliga- and their spouses are also insureds, but tion imposed by or granted pursuant only with respect to the conduct of your to: business. (1) The Federal Employer's Liability 3. A limited liability company, you are an Act (45 USC Section 51-60); insured. Your members are also in- (2) The Non-appropriated Fund In- sureds, but only with respect to the con- strumentalities Act (5 USC Sec- duct of your business. Your managers are tions 8171-8173); insureds, but only with respect to their duties as your managers. (3) The Longshore and Harbor 4. An organization other than a partnership, Workers' Compensation Act (33 joint venture or limited liability company, USC Sections 910-950); you are an insured. Your "executive of- (4) The Outer Continental Shelf ficers" and directors are insureds, but Lands Act (43 USC Section only with respect to their duties as your 1331-1356); officers or directors. Your stockholders (5) The Defense Base Act (42 USC are also insureds, but only with respect Sections 1661-1654); to their liability as stockholders. (6) The Federal Coal Mine Health No person or organization is an insured with and Safety Act of 1969 (30 USC respect to the conduct of any current or past Sections 901-942); partnership, joint venture or limited liability (7) The Migrant and Seasonal Agri- company that is not shown as a Named In- cultural Worker Protection Act sured in the Declarations. (29 USC Sections 1801-1872); D. For the purposes of this endorsement, Sec- (8) Any other workers compensa- tion III - Limits Of Insurance, is replaced by tion, unemployment compensa- the following: bon or disability laws or any 1. The Limits of Insurance shown in the similar law; or Schedule of this endorsement and the (9) Any subsequent amendments to rules below fix the most we will pay re- the laws listed above. gardless of the number of: j. Punitive Damages a. Insureds; Multiple, exemplary or punitive dam- b. Claims made or"suits" brought; or ages. c. Persons or organizations making k. Crew Members claims or bringing "suits". Bodily injury by accident" or "bod- 2. The "Bodily Injury By Accident" - Each ily injury by disease to a master or Accident Limit shown in the Schedule of member of the crew of any vessel or this endorsement is the most we will pay any member of the flying crew of an for all damages covered by this insurance aircraft. because of "bodily injury by accident" to B. The Supplementary Payments provisions ap- one or more "employees" in any one ac- ply to Coverage - Stop Gap Employers Liabil- cident. ity as well as to Coverages A and B. 3. The "Bodily Injury By Disease" - Aggre- gate Limit shown in the Schedule of this s C. For the purposes of this endorsement, Sec- endorsement is the most we will pay for Lion II -Who Is An Insured, is replaced by the all damages covered by this insurance following: and arising out of "bodily injury by dis- If you are designated in the Declarations as: ease", regardless of the number of "em- 1. An individual, you and your spouse are ployees" who sustain "bodily injury by insureds, but only with respect to the disease". conduct of a business of which you are the sole owner. CG 04 42 11 03 0 ISO Properties,Inc.,2003 Page 3 of 5 4. Subject to Paragraph D.3. of this endorse- c. You and any other involved insured ment, the "Bodily Injury By Disease" - must: Each "Employee" Limit shown in the (1) Immediately send us copies of Schedule of this endorsement is the most any demands, notices, sum- we will pay for all damages because of monses or legal papers received bodily injury by disease" to any one In connection with the u inj ry, "employee". claim, proceeding or"suit'; The limits of the coverage apply separately to (2) Authorize us to obtain records each consecutive annual period and to any and other information; remaining period of less than 12 months, starting with the beginning of the policy pe- (3) Cooperate with us and assist us, es- riod shown in the Declarations, unless the as we may request, in the f thth policy period is extended after issuance for an ligation or settlement of e additional period of less than 12 months. In claim or defense against the that case, the additional period will be "suit"; deemed part of the last preceding period for (4) Assist us, upon our request, in > purposes of determining the Limits of Insur- the enforcement of any right ance. against any person or organiza- tion which may be liable to the _ E. For the purposes of this endorsement, Con- dition 2. -Duties In The Event Of Occurrence, which this insurance may also JJ Claim Or Suit of the Conditions Section IV is deleted and replaced by the following: apply; and ® 2. Duties In The Event Of Injury, Claim Or (5) Do nothing after an injury occurs Suit that would interfere with our right to recover from others. a. You must see to it that we or our agent are notified as soon as prac- d. No insured will, except at that in- ticable of a "bodily injury by acci- sured's own cost, voluntarily make a dent" or "bodily injury by disease" payment, assume any obligation, or incur any expense, other than for which may result in a claim. To the extent possible, notice should in- clude: F. For the purposes of this endorsement, Para- (1) How, when and where the "bod- graph 4. of the Definitions Section is replaced ily injury by accident" or "bodily by the following: injury by disease" took place; 4. "Coverage territory" means: (2) The names and addresses of any a. The United States of America (in- injured persons and witnesses; cluding its territories and posses- and sions), Puerto Rico and Canada; (3) The nature and location of any b. International waters or airspace, but injury. only if the injury or damage occurs in b. If a claim is made or "suit" is the course of travel or transportation brought against any insured, you between any places included in a. must: above; or (1) Immediately record the specifics C. All other parts of the world if the in- of the claim or "suit" and the jury or damage arises out of the ac- date received; and tivities of a person whose home is in the territory described in a. above, (2) Notify us as soon as practicable. but who is away for a short time on You must see to It that we re- your business; ceive written notice of the claim provided the insured's responsibility or suit' as soon as practicable. to pay damages is determined in the United States (including its territor- ies and possessions), Puerto Rico, or Canada, in a suit on the merits ac- cording to the substantive law in such territory, or in a settlement we agree to. Page 4 of 5 ® ISO Properties,Inc.,2003 CIS 04 42 1103 G. The following are added to the Definitions 2. "Bodily injury by accident" means bodily Section: injury, sickness or disease sustained by a 1. "Workers Compensation LaW' means the person, including death, resulting from Workers Compensation Law and any Oc- an accident. A disease is not "bodily in- cupational Disease Law of Washington. jury by accident" unless it results directly This does not include provisions of any from "bodily injury by accident". law providing non-occupational disability 3. "Bodily injury by disease" means a dis- benefits. ease sustained by a person, including death. "Bodily injury by disease" does not include a disease that results directly from an accident. H. For the purposes of this endorsement, the definition of"bodily injury" does not apply. a CG 04 42 11 03 ® ISO Properties,Inc.,2003 Page 5 of 5 COMMERCIAL GENERAL LIABILITY CG 04 50 05 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES - WHO IS AN INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraphs 2.a. 1 a , b and c of Section II - (b) For which there is any obligation ( )( ) ( ) ( ) to share damages with or repay Who is An Insured apply only to "employees" of someone else who must pay the insured whose employment is not subject to damages because of the injury n the Industrial Insurance Act of Washington described in Paragraph (1)(a) (Washington Revised Code Title 51), above; or With respect to "employees" of the insured ( )c Arisingout of his or her rovid- whose employment is subject to the Industrial In- ing or failing to provide profes- surance Act of Washington, the reference to "vol- sional health care services. unteer workers" is removed from Paragraph 2.(a) s of Section II - Who Is An Insured and Paragraph e 2.a.(1) of Section II - Who Is An Insured is re- placed with the following: 2. Each of the following is also an insured: a. Your "employees", other than either your "executive officers" (if you are an organi- zation other than a partnership, joint ven- ture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" is an insured for: (1) "Bodily injury" or "personal and ad- vertising injury": (a) To you, to your partners or members (if you are a partner- ship or joint venture), to your members (if you are a limited li- ability company), or to a co-"em- ployee" while that co-"employ- ee" is either in the course of his or her employment or perform-ing duties related to the conduct of your business; CG 04 50 05 08 ® ISO Properties, Inc., 2007 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 21 06 06 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-Bod- As used in this exclusion, electronic ily Injury And Property Damage Liability is data means information, facts or pro- replaced by the following: grams stored as or on, created or 2. Exclusions used on, or transmitted to or from This insurance does not apply to: computer software, including sys- tems and applications software, hard p. Access Or Disclosure Of Confiden- or floppy disks, CD-ROMs, tapes, tial Or Personal Information And drives, cells, data processing devices Data-related Liability or any other media which are used Damages arising out of: with electronically controlled equip- (1) Any access to or disclosure of ment. any person's or organization's B. The following is added to Paragraph 2. Exclu- confdential or personal informa- sions of Section I-Coverage B-Personal And tion, including patents, trade se- Advertising Injury Liability: crets, processing methods, cus- 2. Exclusions tomer lists, financial This insurance does not apply to: information, credit card informa- tion, health information or any Access Or Disclosure Of Confidential Or other type of nonpublic informa- Personal Information tion; or "Personal and advertising injury" arising (2i The loss of, loss of use of, dam- out of any access to or disclosure of any age to, corruption of, inability to person's or organization's confidential or access, or inability to manipulate personal information, including patents, electronic data. trade secrets, processing methods, cus- This exclusion applies even if dam- tomer lists, financial information, credit ages are claimed for notification card information, health information or costs, credit monitoring expenses, any other type of nonpublic information. forensic expenses, public relations This exclusion applies even if damages expenses or any other loss, cost or are claimed for notification costs, credit expense incurred by you or others monitoring expenses, forensic expenses, arising out of that which is described public relations expenses or any other in Paragraph (1) or(2) above. loss, cost or expense incurred by you or However, unless Paragraph (1) above others arising out of any access to or dis- applies, this exclusion does not ap- closure of any person's or organization's ply to damages because of "bodily confidential or personal information. injury". CG 21 06 06 14 ® Insurance Services Office, Inc., 2013 Page 1 of 1 COMMERCIAL GENERAL LlA81LITY CG 21 70 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: i 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. If aggregate insured losses attributable to ter- 2. The act is a violent act or an act that is rodst acts certified under the federal Terror- dangerous to human life, property or in- ism Risk Insurance Act exceed $100 billion in frastructure and is committed by an in- a calendar year and we have met our insurer dividual or individuals as part of an effort deductible under the Terrorism Risk Insur- to coerce the civilian population of the ance Act, we shall not be liable for the pay- United States or to influence the policy or ment of any portion of the amount of such affect the conduct of the United States losses that exceeds $100 billion, and in such Government by coercion. case insured losses up to that amount are B. The terms and limitations of any terrorism ex- subject to pro rata allocation in accordance clusion, or the inapplicability or omission of a with procedures established by the Secretary terrorism exclusion, do not serve to create of the Treasury. coverage for injury or damage that is other- "Certified act of terrorism" means an act that wise excluded under this Coverage Part. is certified by the Secretary of the Treasury, in accordance with the provisions of the fed- eral Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: 1. The act resulted in insured losses in ex- cess of$5 million in the aggregate, attrib- utable to all types of insurance subject to the Terrorism Risk Insurance Act; and CG 21 70 01 15 0 Insurance Services Office, Inc., 2015 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 21 76 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT 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. The act is a violent act or an act that is dangerous to human life, property or in- frastructure and is committed by an in- TERRORISM PUNITIVE DAMAGES dividual or individuals as part of an effort Damages arising, directly or indirectly, out of to coerce the civilian population of the a certified act of terrorism that are awarded United States or to influence the policy or affect the conduct of the United States as punitive damages. Government by coercion. B. The following definition is added: C. The terms and limitations of any terrorism ex- "Certified act of terrorism" means an act that clusion, or the inapplicability or omission of a is certified by the Secretary of the Treasury, terrorism exclusion, do not serve to create in accordance with the provisions of the fed- coverage for injury or damage that is other- eral Terrorism Risk Insurance Act, to be an act wise excluded under this Coverage Part. of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: 1. The act resulted in insured losses in ex- cess of$5 million in the aggregate, attrib- utable to all types of insurance subject to the Terrorism Risk Insurance Act; and s CG 21 76 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 1 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 22 64 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PESTICIDE OR HERBICIDE APPLICATOR - LIMITED POLLUTION COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVEAGE PART SCHEDULE Description Of Operations: � o 99777 Tree Pruning/Dusting/Spraying/Repairing/Trim i� OEM "s s" i� Information required to complete this Schedule, if not shown above, will be shown in the Declarations. With respect to the operations shown in the Schedule, Paragraph (1)(d) of Exclusion f. of Sec- tion I - Coverage A - Bodily Injury And Property Damage Liability does not apply if the operations meet all standards of any statute, ordinance, regu- lation or license requirement of any federal, state or local government which apply to those oper- ations. s a CG 22 64 04 13 m insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 22 79 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - CONTRACTORS - PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. 2. Subject to Paragraph 3. below, professional Exclusions of Section I - Coverage A - Bodily In- services include: jury And Property Damage Liability and Para- a, Preparing, approving, or failing to pre- graph 2. Exclusions of Section I - Coverage B - pare or approve, maps, shop drawings, Personal And Advertising Injury Liability: opinions, reports, surveys, field orders, 1. This insurance does not apply to "bodily in- change orders, or drawings and specifi- jury", "property damage" or "personal and cations; and advertising injury' arising out of the render- b. Supervisory or inspection activities per- ing of or failure to render any professional formed as part of any related architectur- services by you or on your behalf, but only al or engineering activities. with respect to either or both of the following operations: 3. Professional services do not include services within construction means, methods, tech- a. Providing engineering, architectural or niques, sequences and procedures employed surveying services to others. in your ca- by you in connection with your operations in pacity as an engineer, architect or survey- your capacity as a construction contractor. or; and b. Providing, or hiring independent professionals to provide, engineering, ar- chitectural or surveying services in con- nection with construction work you per- form. This exclusion applies even if the claims against any insured allege negligence or oth- er wrongdoing in the supervision, hiring, em- ployment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property dam- age", or the offense which caused the "per- sonal and advertising injury", involved the rendering of or failure to render any profes- sional services by you or on your behalf with respect to the operations described above. a CG 22 79 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 24 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF INSURED CONTRACT DEFINITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The definition of "insured contract" in the Defini- Paragraph f. does not include that part of tions section is replaced by the following: any contract or agreement: "Insured contract" means: (1) That indemnifies a railroad for "bod- ilya. A contract for a lease of premises. How- ever, that portion of the contract for a arising out of construction or a lease of premises that indemnifies any demolition operations, within 50 feet person or organization for damage by fire of any railroad property and affecting l� to premises while rented to you or tem- any railroad bridge or trestle, tracks, porarily occupied by you with permission road-beds, tunnel, underpass or of the owner is not an "insured contract'; crossing; e� b. A sidetrack agreement; (2) That indemnifies an architect, engi- neer or surveyor for injury or dam- c. Any easement or license agreement, ex- age arising out of: cept in connection with construction or demolition operations on or within 50 (a) Preparing, approving, or failing feet of a railroad; to prepare or approve, maps, shop drawings, opinions, d. An obligation, as required by ordinance, to indemnify a municipality, except in ports, surveys, field orders, change orders or drawings and connection with work for a municipality; specifications; or e. An elevator maintenance agreement; (b) Giving directions or instructions, f. That part of any other contract or agree- or failing to give them, if that is ment pertaining to your business (includ- the primary cause of the injury ing an indemnification of a municipality or damage; or in connection with work performed fora 3 ( ) Under which the insured, if an archi- municipality) under which you assume test, engineer or surveyor, assumes the tort liability of another party to pay liability for an injury or damage aris- for "bodily injury" or "property damage" ing out of the insured's rendering or to a third person or organization, pro- failure to render professional ser- vided the "bodily injury" or "property vices, including those listed in (2) damage" is caused, in whole or in part, above and supervisory, inspection, by you or by those acting on your behalf. architectural or engineering activi- However, such part of a contract or ties. agreement shall only be considered an x "insured contract" to the extent your as- sumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. CG 24 26 04 13 ® Insurance Services Office, Inc., 2012 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 Para- B. The following exclusion is added to Para- graph 2., Exclusions of Section I - Coverage graph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage LI- B - Personal And Advertising Injury Liabil- ability: ity: 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 dam- a. "Personal and advertising injury" age" which would not have oc- which would not have taken place, curred, in whole or in part, but for in whole or in part, but for the ac- the actual, alleged or threatened in- tual, alleged or threatened inhala- halation of, ingestion of, contact tion of, ingestion of, contact with with, exposure to, existence of, or exposure to, existence of, or pres- presence of, any "fungi" or bacteria ence of any "fungi" or bacteria on on or within a building or structure, or within a building or structure, including its contents. including its contents. b. Any loss, cost or expenses arising b. Any loss, cost or expense arising out of the abating, testing for, mon- out of the abating, testing for, mon- itoring, cleaning up, removing, con- itohng, cleaning up, removing, con- taining, treating, detoxifying, neu- taining, treating, detoxifying, neu- tralizing, remediating or disposing tralizing, remediating or disposing te of, or in any way responding to, or of, or in any way responding to, or assessing the effects of, "fungi" or assessing the effects of, "fungi" or bacteria, by any insured or by any bacteria, by any insured or by any other person or entity. other person or entity. x This exclusion does not apply to any C. The following definition is added to the "fungi" or bacteria that are, are on, or Definitions Section: are contained in, a good or product in- tended for bodily consumption. "Fungi" means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi. CG 26 77 12 04 0 ISO Properties, Inc., 2003 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 83 20 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS AMENDMENT OF POLLUTION EXCLUSION (JOB SITES) ' This endorsement modifies insurance provided under the following: >� COMMERCIAL GENERAL LIABILITY COVERAGE PART l A. The following is added to Paragraph 1 d of Exclusion f. of Section I - Coverage A - Bodily Injury 9 9 P ( )( ) 9 Y 1rY And Property Damage Liability: " (iv) "Bodily injury" or "property damage" sustained outside a building and arising out of the ® actual discharge, dispersal, seepage, migration, release or escape of "pollutants" brought on or to any premises, site or location in connection with operations being performed by you or on your behalf by a contractor or subcontractor. s As used in this endorsement, the actual discharge, dispersal, seepage, migration, release or escape of "pollutants" must: (aa) Commence on a clearly identifiable day during the policy period; and (bb) End, in its entirety, within seventy-two (72) hours of the commencement of the discharge, dispersal, seepage, migration, release or escape of "pollutants"; and (cc) Be discovered and reported to us within fifteen (15) days of the clearly identifiable day that the discharge, dispersal, seepage, migration, release or escape of "pollutants" commences; and (dd) Be neither expected nor intended from the standpoint of any insured; and (ee) Be unrelated to any previous discharge, dispersal, seepage, migration, release or escape; and (ff) Not originate at or from a storage tank or other container, duct or piping which: a. Is below the surface of the ground or water; or b. At any time has been buried under the surface of the ground or water and then is subsequently exposed. B. For the purpose of coverage provided by this endorsement, the following is added to the definition of "property damage" of Section V-Definitions and applies only as respects this endorsement. Land or water, whether below ground level or not, is not tangible property. C. Coverage provided hereunder does not apply to any discharge, dispersal, seepage, migration, release or escape that is merely threatened or alleged rather than shown to have actually occurred. CG 83 20 12 08 Includes copyrighted material of ISO Properties, Inc, with its permission. Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 84 94 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - CONSOLIDATED INSURANCE PROGRAMS (WRAP-UP) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraphs 2. of Section I - Coverage A - Bodily Injury And Property Damage Liability, Coverage B-Personal And Advertising Injury and Coverage C-Medical Payments: 2. Exclusions This insurance does not apply to: "Bodily injury", "property damage", "personal injury and advertising injury" or medical expenses arising directly or indirectly out of your current ongoing operations or included within the "pro- ducts-completed operations hazard" at any site or location where you or your subcontractors or employees working on your behalf are performing or previously performed operations if any insured under this policy entered into contracts or agreements commonly referred to as consoli- dated insurance programs (Wrap-Up) providing general liability coverage at that site or location. However, this exclusion does not apply to other jobs or work that you performed at such site or location if such other jobs or work were not done as part of contracts or agreements commonly referred to as consolidated insurance programs (Wrap-Up). This exclusion applies whether or not the consolidated insurance programs (Wrap-Up): a. Provide coverage identical to that provided by this coverage part; b. Have limits adequate to cover all claims; or c. Remain in effect. B. The following is added to Section IV - Commercial General Liability Conditions Paragraph S. Premium Audit: In computing premium for this policy, we will not include any payroll or costs paid to your x subcontractors for work at any site or location where any insured under this policy had entered into contracts or agreements commonly referred to as consolidated insurance programs (Wrap- Up) providing insurance coverage at that site or location prior to your work at such site or location. A copy of the consolidated insurance program (Wrap-Up) certificate or similar documents issued to you verifying coverage must be provided to us when we audit this policy. CG 84 94 12 08 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 84 99 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON-CUMULATION OF LIABILITY LIMITS (SAME OCCURRENCE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph S. under Section III -Limits Of Insurance: &Magma Non-Cumulation of Liability - Some Occurrence - If one "occurrence" causes "bodily injury" or "property t� "s damage" during the policy period and during the policy period of one or more prior, or future, general $ 05ii�a- liability policies issued to you by us, then this policy's Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policies because of such "occurrence." For purposes of this endorsement, the term "us" also includes all policies issued by any company within the Liberty Mutual Agency Markets division of Liberty Mutual Group. x 02010 Liberty Mutual Insurance Company.All rights reserved. CG 84 99 08 09 Includes copyrighted material of Insurance Services Office,Inc.,with its permission . Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY -ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORSIMALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE,OFFENSE,CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g.Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other ' valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I-Coverage A-Bodily Injury And Property Damage Liability, a � 0=1 Subparagraph (2)of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY-ELEVATORS 1. Under Paragraph 2. Exclusions of Section I -Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) a If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I -Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (1i) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. m 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 8 b. The last paragraph of subsection 2.Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III Limits Of Insurance. 2. Paragraph 6. under Section III -Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I -Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B,Paragraph 1.b. is replaced by the following: b. Up to $3,000 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 bonds. 2. Paragraph 1.d. is replaced by the following: 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 $500 a day because of time off from work. g G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II -Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: ® (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, " hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or s (c) The ownership, maintenance, or use of any elevators covered by this insurance. s" am= However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. 6 The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or"property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. 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Al!poq„ yons ajot4m uo!leool ayj le suo!jeaado 6u!ouawwoo noA of loud sm000 jeyj „a6ewep Aj,adad„ jo „finful AI!pog„ q -pamsui lauoll!ppe ayj jo soua6ll6au alos ayj wog} 6u!sue „96ewep A:pedoid„jo „A nfu! Al!poe,, •e :oj Aldde jou seop aouemsu! slyl :Aj!j!ga!-j a6ewe0 Avadad puV Ainful Allpog-V a6wanoO-I uo[joaS Japun suo!snl3x3 •Z ydeJ6eJad 01 pappe aye 6ulM0110; ayj 'juawasjopue s!yj Aq pap!Aad aouemsui ayj of joadsai yj!AA 'Z b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a� a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until „ we receive written notice of a"suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II-Who Is An Insured is replaced with the following: (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 employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; s (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or"personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and ® 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3.of Section 11-Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional, M. KNOWLEDGE OF OCCURRENCE, OFFENSE,CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II -Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". a N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is s effective in your state. 0. BODILY INJURY REDEFINED Under Section V-Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. O 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc,with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is 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. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV -Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization 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" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and s � "s 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. a 6 © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 8 of 8 COMMERCIAL GENERAL LIABILITY CG 88 60 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EACH LOCATION GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical ex- penses caused by accidents under Section I - Coverage C Medical Payments, which can be attributed only to operations at a single "location" owned by or rented to you: 1. A separate Each Location General Aggregate Limit applies to each 'location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Each Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under Coverage C regard- less of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Each Location General Aggregate Limit for that "location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Each Location General Aggregate Limit for any other 'location". 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Each Location General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical ex- penses caused by accidents under Section 1 -Coverage C Medical Payments, which cannot be attrib- uted only to operations at a single 'location" owned by or rented to you: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Each Location General Aggregate Limit. C. When coverage for liability arising out of the products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Each Location General Aggregate Limit. D. For the purposes of this endorsement, the following definition is added to Sectio n V -Definitions: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. E. The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. CG 88 60 12 08 Includes copyrighted material of ISO Properties,Inc.,with its permission Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 88 65 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VOLUNTARY PROPERTY DAMAGE EXTENSION This endorsement modifies insurance provided under the fallowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by this endorsement. A. COVERAGE Subject to Section B-Limits Of Insurance and Section C-Deductible of this endorsement: The following is added to Paragraph 1. Insuring Agreement of Section I -Coverage A-Bodily Injury And a Property Damage Liability: ® At your request, Property Damage coverage provided under Paragraph 1.a. for "property damage" to property of others that: 8 d5i5m (1) Is caused by the insured, and (2) Arises out of your business operations for which this policy provides liability coverage will apply without regard to the Insured's legal obligation to pay damages. B. LIMITS OF INSURANCE As respects the coverage afforded by this endorsement, Section III - Limits Of Insurance is replaced by the following: Regardless of the number of insureds, claims made or "suits" brought, or persons or organizations making claims or bringing "suits": 1. Subject to 2. below, the most we will pay for "property damage" arising from any one "occur- rence" under this endorsement is $5,000. This amount is part of and not in addition to the each occurrence limit described in Paragraph 5.of Section III-Limits Of Insurance. 2. The most we will pay for the sum of all "property damage" in an annual policy period is $25,000. This amount is part of and not in addition to the General Aggregate Limit described in Paragraph 2. of Section III -Limits Of Insurance. C. DEDUCTIBLE We will not pay for "property damage" in any one "occurrence" until the amount of"property damage" exceeds $260. If the policy to which this endorsement is attached contains a"property damage" deduct- ible, that deductible shall apply if it is greater than $260. CG 88 65 12 08 Includes copyrighted material of 180 Properties,Inc.,with its permission. Page 1 of 2 D. EXCLUSIONS For the purposes of the coverage provided by this endorsement, the following exclusion is added: This insurance does not apply to damage to property owned by any insured, E. CONDITIONS For the purposes of the coverage provided by this endorsement, Section IV - Commercial General Liability Conditions is amended as follows: 1. The following conditions are added: a. Any payment made under this endorsement shall not be interpreted as an admission of liability by you or us. b. In the event of a loss covered by this endorsement, you shall, at our request, replace the damaged property or furnish labor and materials necessary for repairs at your actual cost, excluding profit or overhead charges. 2. The following is added to Condition 4.Other Insurance, Paragraph b. Excess Insurance. The insurance afforded by this endorsement is excess over any other insurance, whether primary, excess, contingent or on any other basis that applies to "property damage" covered by this en- dorsement. 3. Condition 7. -Separation of Insureds is deleted and replaced with the following: Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or suit is brought. However, this condition does not apply if damages are to the property of any insured. F. DEFINITIONS For the purposes of the coverage provided by this endorsement, Paragraph 17. of Section V - Defini- tions is replaced by the following: 17. "Property damage" means physical injury to tangible property. It does not include: a. Loss of use of property, whether physically injured or not; or b. Injury or loss caused by or arising from disappearance or theft. For the purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and ap- plications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing de- vices or any other media which are used with electronically controlled equipment. CG 88 65 12 08 Includes copyrighted material of 180 Properties,Inc.,with its permission. Page 2 of 2 COMMERCIAL GENERAL LIABILITY CG 88 70 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONSTRUCTION PROJECT(S) - GENERAL AGGREGATE LIMIT (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART �--' A. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical ex- penses caused by accidents under Section I -Coverage C Medical Payments, which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to you: 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations . 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all sdamages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under Cov- erage C regardless of the number of. a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical ex- penses caused by accidents under Section I - Coverage C Medical Payments, which cannot be attdb- uted only to ongoing operations at a single construction project away from premises owned by or rented to you: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply. CG 88 70 12 08 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 88 72 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OFF PREMISES PROPERTY DAMAGE INCLUDING CARE, CUSTODY OR CONTROL This endorsement modifies insurance provided under the fallowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Property Damage -Off Premises Care, Custody Or Control Occurrence Limit 25,000 Property Damage -Off Premises Care, Custody Or Control Aggregate Limit 25,000 (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by this endorsement. A. COVERAGE Subparagraph j.(4) of Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced with the following: (4) Personal property of others in the care, custody, or control of an insured at premises owned, occupied by, or rented to an insured; Subparagraphs j.(5) and (6) of Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability are deleted. B. EXCLUSIONS The following are added to Paragraph 2., Exclusions of Section 1 - Coverage A - Bodily Injury And Property Damage Liability: This insurance shall not apply to: a 1. "Property damage" a. To property owned by any Named Insured, any person qualifying as an insured in Paragraph 1. of Section 11-Who Is An Insured, or any "employee" of any Named Insured; b. To property on any premises owned, rented, leased, operated or used by you; or c. To property while in transit to or from any premises owned, rented, leased, operated or used by you. 2. "Property damage" to property included in the "products-completed operations hazard". 3. "Property damage" to borrowed equipment if coverage is provided by another endorsement at- tached to this policy described as Property Damage -Borrowed Equipment. CG 88 72 12 08 Includes copyrighted material of ISO Properties.Inc.,with its permission. Page 1 of 2 C. LIMITS OF INSURANCE The following is added to Section III -Limits Of Insurance: 1. Subject to 2. below, the Property Damage -Off Premises Care, Custody Or Control Occurrence Limit shown in the Schedule is the most we will pay due to "property damage" to property of others as a result of any one "occurrence". This limit is part of and not in addition to the Each Occurrence Limit applicable to Coverage A - Bodily Injury And Property Damage Liability described in Paragraph 5. of Section III -Limits Of Insurance. 2. The Property Damage - Off Premises Care, Custody Or Control Aggregate Limit shown in the Schedule is the most that is payable under this coverage regardless of the number of claims or "suits" made against you. This limit is part of, and not in addition to the General Aggregate Limit described in Paragraph 2. of Section III -Limits Of Insurance. D. DEDUCTIBLE For the purposes of the coverage provided by this endorsement: ® We will not pay for "property damage" in any one "occurrence" until the amount of"property damage" eggexceeds $250. If the policy to which this endorsement is attached contains a"property damage" deduct- ible, that deductible shall apply if it is greater than $250. E. CONDITIONS For the purposes of the coverage provided by this endorsement, Section IV - Commercial General Liability Conditions is amended as follows: N 1. The following condition is added: In the event of a loss covered by this endorsement, you shall, at our request, replace the damaged property or fumish labor and materials necessary for repairs at your actual cost, excluding profit or overhead charges. 2. The following is added to condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this endorsement is excess over any other insurance, whether primary, excess, contingent or on any other basis that applies to "property damage" covered by this en- dorsement. 3. Condition 7.Separation of Insureds is replaced with the following: Except with respect to the Limits of Insurance, and any rights or duties specifically assigned In this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or"suit" is brought. However, this condition does not apply if damages are to the property of any insured. CG 88 72 12 08 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 2 of 2 COMMERCIAL GENERAL LIABILITY CG 88 77 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MEDICAL EXPENSE AT YOUR REQUEST ENDORSEMENT This endorsement modifies insurance provided under the fallowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Section I-Coverage C-Medical Payments: If Medical Payments or Medical Expenses are not otherwise excluded from the policy, medical expenses will be paid only if an insured has requested that we pay such expenses. n CG 88 77 12 08 Includes Copyrighted Material of ISO Properties,Inc.,with its permission. Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 89 27 10 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON EXCLUSION - ASBESTOS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS AND COMPLETED OPERATIONS COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART s This insurance does not apply to: Ir 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of alleged or actual s ingestion or inhalation of asbestos or asbestos -containing materials. l� We shall not have the duty to defend any such claim or"suit". ® 2010 Liberty Mutual Insurance.All rights reserved. CG 89 27 10 09 Includes copyrighted material of Insurance Services Office,with its permission. Page 1 of 1 AAIS CL 0103 03 10 Page 1 of 3 COMMON POLICY CONDITIONS WASHINGTON 1. Assignment -- This policy is void if it is as- d. This section applies to policies providing signed without "our" written consent. coverage for fire damage to a structure except it does not apply to an Inland Ma- e. Cancellation or Nonrenewal rine policy. a. "You" may cancel this policy by returning If "we" cancel this policy because two or the policy to "us" or by giving "us" no- more of the following conditions exist at tice requesting cancellation. If notice is any structure that is covered under this not in writing, "we" may request written policy, "we" will give "you" notice at confirmation. "Your' notice must state at least five days before cancellation is ef- what date coverage is to stop. "We" will fective. cancel the policy on the later of the date 1) Without reasonable explanation, the notice is received or the date "you" re- building is unoccupied for more than quest cancellation. "Our' request for 60 consecutive days, or at least 65% "your' written confirmation will not de- of the rental units are unoccupied for lay the requested effective date. more than 120 consecutive days un- b. "We" may cancel or not renew this poli- less the structure is maintained for cy, or one or more of its parts, by seasonal occupancy or is under con- delivering or mailing written notice of struction or repair; cancellation or nonrenewal to "you" at 2) without reasonable explanation, "your' last mailing address known to progress toward completion of per- "us", and to "your' agent or broker of manent repairs to the structure has record. If notice is mailed, proof of mail- not occurred within 60 days after re- ing will be sufficient proof of notice. The ceipt of funds following satisfactory notice will include the reasons for can- adjustment or adjudication of loss re- cellation or nonrenewal and will state the sulting from afire; time that the cancellation is to take effect. 3) because of its physical condition, the c. Except as provided in d. below, if "we" building is in danger of collapse; cancel this policy for: 4) because of its physical condition, a 1) nonpayment of premium, "we" will vacation or demolition order has give notice at least ten days before been issued for the building, or it has the cancellation is effective. been declared unsafe in accordance 2) any other reason, "we" will give no- with applicable law; tice at least 45 days before the can- 5) fixed and salvageable items have cellation is effective. been removed from the building, in- Except as provided in d. below, "we" will dicating an intent to vacate the build- also deliver or mail like notice of cancella- ing; tion to each mortgagee, pledgee, or other 6) without reasonable explanation, person shown by the policy to have an heat, water, sewer, and electricity are interest in any loss. not furnished for the building for 60 consecutive days; or 7) the structure is not maintained in substantial compliance with fire, safety and building codes. CL 0103 03 10 Copyright,American Association of Insurance Services,Inc.,2010 AAIS CL 0103 03 10 Page 2 of 3 The notice to "you" will be delivered or If "we" cancel this policy, "your" return mailed by certified mail, return receipt re- premium, if any, will be refunded: quested, and by first class mail. A copy of 1) no more than 30 days after the date the notice will also be mailed to the insur- ance commissioner. Coverage will re- y 'our,' notice of cancellation to " main in farce solely for the benefit of "you" if "we" cancel for two or more each mortgagee, pledgee, or other per- h the conditions described in d.1) t son shown by the policy to have an inter- est in any covered loss until 20 days after 2) as soon as possible if"we" cancel for "we" notify such mortgagee, pledgee, or any other reason. other person of cancellation. Any return premium will be computed on e. If "we" decide not to renew this policy, a pro rata basis. Payment or tender of the "we" will give notice at least 45 days be- unearned premium is not a condition of ® fore the policy expiration or anniversary cancellation. date. However, a nonrenewal notice is not required if: 3' s Change, Modification, or Waiver of Policy 1) you have procured equivalent cov- Terms - - A change or waiver of "terms" of erage prior to the expiration of the ' policy period; or this policy must be issued by us in writing to be valid. 2) at least 20 days prior to the expira- 4 tion of the policy period: a) "we" have expressed to "you" in Inspections - writing, either directly or through a. "We" have the right, but are not obligat- "our" agent, "our" willingness ed, to inspect "your" property and oper- to renew the policy; ations. This inspection may be made by b) "we" have included with "our" "us" or may be made on "our' behalf. written offer of renewal a state- b. An inspection or its resulting advice or re- ment of the amount of the pre- port does not warrant that "your' prop- mium, or portion thereof, which erty or operations are safe, healthful, or "you" are required to pay in or- in compliance with laws, rules, or regula- der to renew the policy; and tions. Inspections or reports are for "our' c) "you" have failed to pay that re- benefit only. quired premium when due. However, this does not apply to an in- In the event of 1) or 2) above, the policy spection, or its resulting advice or report, will terminate on its expiration date with- that 'we' make relating to the certifica- tion, under state or local statutes, ordi- nances, or regulations, of boilers, pres- f. If "you" cancel this policy, "we" will re- sure vessels, or elevators. fund "your' return premium, if any, as S. Examination of Books and Records - "We" soon as possible after receiving "your' may examine and audit "your' books and policy or "your' written notice of cancel- records that relate to this policy during the lation. policy period and within three years after the policy has expired. CL 0103 03 10 Copyright,American Association of Insurance Services,Inc.,2010 AAM CL 0103 03 10 Page 3 of 3 6. Renewal -- If "we" decide to renew this poli- cy, "we" will give "you" and "your" agent on the account or broker of record written notice of "our" intent to renew and any changes in rates or contract provisions at least 20 days before the policy expiration or anniversary date. The renewal notice is not necessary if "you" have procured equivalent coverage pri- or to the expiration of the policy period. a CL 0103 03 10 Copyright,American Association of Insurance Services,Inc.,2010 AAIS This endorsement changes CL 0465 01 01 the policy Paste 1 of 2 -- PLEASE READ THIS CAREFULLY-- LOSS PAYABLE ENDORSEMENT WASHINGTON (the entries required to complete this endorsement will be shown below or on the "declarations" or "schedule of coverages".) This form is identical to that promulgated in Washington State Insurance Commissioner's Regulation No. 335, pursuant to section 1, Chapter 12, Laws of 1967, ex. Bess., State of Washington. 1. Loss or damage, if any, under this policy shall be payable first to the loss payee or mortgagee (hereinafter called secured party), and, second, to the insured, as their interests may appear; PRO- o VIDED, That, upon demand for separate settlement by the secured party, the amount of said loss shall be paid directly to the secured party to the extent of its interest. 2. This insurance as to the interest of the secured party shall not be invalidated by any act or neglect of the ® insured named in said policy or his agents, employees or representatives, nor by any change in the title or ownership of the insured property: Provided, however, That, the conversion, embezzlement or secre- tion by the named insured or his agents, employees or representatives is not covered under said policy ® unless specifically insured against and premiums paid therefor. 3. In applying the pro rata provisions of the policy, the amount payable to the secured party shall be reduced only to the extent of pro rata payments receivable by the secured party under other policies. 4. The company reserves the right to cancel the policy at any time as provided by its terms, but in such s case the company shall mail to the secured party a notice stating when such cancellation shall become effective as to the interest of said secured party. The amount and form of such notice shall be not less than that required to be given the named insured, by law or by the policy provisions, whichever is more favorable to the secured party. 5. If the insured fails to render proof of loss within the time granted in the policy conditions, such secured party shall do so within sixty days after having knowledge of a loss, in form and manner as provided by the policy, and, further, shall be subject to the provisions of the policy relating to appraisal and the time of payment and bringing suit. 6. Whenever the company shall pay the secured party any sum for loss or damage under policy and shall claim that, as to the insured, no liability exists, the company shall, to the extent of such payment, be thereupon legally subrogated to all the rights of the party to whom such payment shall be made, under all collateral held to secure the debt, or may, at its option, pay to the secured party the whole principal due or to grow due on the mortgage or other security agreement, with interest, and shall thereupon receive a full assignment and transfer of the mortgage or other security agreement and of all collateral a held to secure it; but no subrogation shall impair the right of the secured party to recover the full amount due it. 7. All terms and conditions of the policy remain unchanged except as herein specifically provided. CL 0465 01 01 Copyright,American Association of Insurance Services,Inc.,2001 AAIS This endorsement changes CL 0465 01 01 the policy Page 2 of 2 —PLEASE READ THIS CAREFULLY-- LOSS PAYABLE ENDORSEMENT WASHINGTON 8. All notices sent to the secured party shall be sent to its last reported address, which must be stated in the policy or in this endorsement below. 9. The following item shall be completed if this endorsement is not referred to by number in the policy to which this endorsement is attached: The foregoing is attached to and forms a part of Policy No. BKW(17) 57011757 of West American Insurance Companv Insurance Company, issued to GLENN 'rHOMSON & BILL, FEALY DBA: Endorsement effective date 12/2 9/2 016 10. If the secured party and its address is not designated in the policy to which this endorsement is attached, the following line(s) shall be completed: Secured Party WESTERN PETERBILT, INC. Address: PO BOX 11390 SHAWNEE FISSION KS 66207-1090 Secured Party Address: By Agent 465239 - BELL ANDERSON AGENCY INC Form REG.-335 CL 0465 01 01 Copyright,American Association of Insurance Services,Inc.,2001 AAIS This endorsement changes CL 0465 01 01 the policy Page 1 of 2 -- PLEASE READ THIS CAREFULLY-- LOSS PAYABLE ENDORSEMENT WASHINGTON (the entries required to complete this endorsement will be shown below or on the "declarations" or "schedule of coverages".) This form is identical to that promulgated in Washington State Insurance Commissioner's Regulation No. 335, pursuant to section 1, Chapter 12, Laws of 1967, ex. sess., State of Washington. 1- Loss or damage, if any, under this policy shall be payable first to the loss payee or mortgagee (hereinafter called secured party), and, second, to the insured, as their interests may appear; PRO- _� VIDEQ, That, upon demand for separate settlement by the secured party, the amount of said loss shall " be paid directly to the secured party to the extent of its interest. 2. This Insurance as to the interest of the secured party shall not be invalidated by any act or neglect of the insured named in said policy or his agents, employees or representatives, nor by any change in the title or ownership of the insured property: Provided, however, That, the conversion, embezzlement or secre- tion by the named insured or his agents, employees or representatives is not covered under said policy unless specifically insured against and premiums paid therefor. 3. In applying the pro rata provisions of the policy, the amount payable to the secured party shall be reduced only to the extent of pro rata payments receivable by the secured party under other policies. 4. The company reserves the right to cancel the policy at any time as provided by its terms, but in such case the company shall mail to the secured party a notice stating when such cancellation shall become effective as to the interest of said secured party. The amount and form of such notice shall be not less than that required to be given the named insured, by law or by the policy provisions, whichever is more favorable to the secured party. 5. If the insured fails to render proof of loss within the time granted in the policy conditions, such secured party shall do so within sixty days after having knowledge of a loss, in form and manner as provided by the policy, and, further, shall be subject to the provisions of the policy relating to appraisal and the time of payment and bringing suit. 6. Whenever the company shall pay the secured party any sum for loss or damage under policy and shall claim that, as to the insured, no liability exists, the company shall, to the extent of such payment, be thereupon legally subrogated to all the rights of the party to whom such payment shall be made, under all collateral held to secure the debt, or may, at its option, pay to the secured party the whole principal due or to grow due on the mortgage or other security agreement, with interest, and shall thereupon receive a full assignment and transfer of the mortgage or other security agreement and of all collateral held to secure it; but no subrogation shall impair the right of the secured party to recover the full amount due it. 7. All terms and conditions of the policy remain unchanged except as herein specifically provided. CL 0465 01 01 Copyright,American Association of Insurance Services,Inc.,2001 AAIS This endorsement changes CL 0466 01 01 the policy Paste 2 of 2 --PLEASE READ THIS CAREFULLY-- LOSS PAYABLE ENDORSEMENT WASHINGTON 8. All notices sent to the secured party shall be sent to its last reported address, which must be stated in the policy or in this endorsement below, 9. The following item shall be completed if this endorsement is not referred to by number in the policy to which this endorsement is attached: The foregoing is attached to and forms a part of Policy No. BKW(17)57011757 of West American Insurance Company Insurance Company, issued t0 GLENN THOMSON & BILL FEALY DBA• Endorsement effective date 12/2 9/2 016 10. If the secured party and its address is not designated in the policy to which this endorsement is attached, the following line(s) shall be completed: Secured Party VERMEER NORTHWEST Address: PO BOX 45213 TACOMA WA 98445 Secured Party Address: By <�� Agent 465239 - BELL ANDERSON AGENCY INC Form REG.-335 m CL 0466 01 01 Copyright,American Association of Insurance Services,Inc.,2001 AAIS This endorsement changes CL 0465 01 01 the policy Page 1 of 2 -- PLEASE READ THIS CAREFULLY-- LOSS PAYABLE ENDORSEMENT WASHINGTON (the entries required to complete this endorsement will be shown below or on the "declarations" or "schedule of coverages".) This form is identical to that promulgated in Washington State Insurance Commissioner's Regulation No. 335, pursuant to section 1,Chapter 12, Laws of 1967,ex. sess., State of Washington. 1. Loss or damage, if any, under this policy shall be payable first to the loss payee or mortgagee (hereinafter called secured party), and, second, to the insured, as their interests may appear; PRO- VIDEO, That, upon demand for separate settlement by the secured party, the amount of said loss shall be paid directly to the secured party to the extent of its interest. 2. This insurance as to the interest of the secured party shall not be invalidated by any act or neglect of the insured named In said policy or his agents, employees or representatives, nor by any change in the title or ownership of the insured property: Provided, however, That, the conversion, embezzlement or secre- tion by the named insured or his agents, employees or representatives is not covered under said policy unless specifically insured against and premiums paid therefor, i� 3. In applying the pro rata provisions of the policy, the amount payable to the secured party shall be reduced only to the extent of pro rata payments receivable by the secured party under other policies. 4. The company reserves the right to cancel the policy at any time as provided by its terms, but in such case the company shall mail to the secured party a notice stating when such cancellation shall become effective as to the interest of said secured party. The amount and form of such notice shall be not less than that required to be given the named insured, by law or by the policy provisions, whichever is more favorable to the secured party. 5. If the insured fails to render proof of loss within the time granted in the policy conditions, such secured party shall do so within sixty days after having knowledge of a loss, in form and manner as provided by the policy, and, further, shall be subject to the provisions of the policy relating to appraisal and the time of payment and bringing suit. 6. Whenever the company shall pay the secured party any sum for loss or damage under policy and shall claim that, as to the insured, no liability exists, the company shall, to the extent of such payment, be thereupon legally subrogated to all the rights of the party to whom such payment shall be made, under all collateral held to secure the debt, or may, at its option, pay to the secured party the whole principal due or to grow due on the mortgage or other security agreement, with interest, and shall thereupon receive a full assignment and transfer of the mortgage or other security agreement and of all collateral held to secure it; but no subrogation shall impair the right of the secured party to recover the full amount due it. a 7. All terms and conditions of the policy remain unchanged except as herein specifically provided. CL 0465 01 01 Copyright,American Association of Insurance Services,Inc.,2001 AAIS This endorsement changes CL 0465 01 01 the policy Page 2 of 2 --PLEASE READ THIS CAREFULLY-- LOSS PAYABLE ENDORSEMENT WASHINGTON 8. All notices sent to the secured party shall be sent to its last reported address, which must be stated in the policy or in this endorsement below. 9. The following item shall be completed if this endorsement is not referred to by number in the policy to which this endorsement is attached: The foregoing is attached to and forms a part of Policy No. BKW(17)57011757 Of West American Insurance Companv Insurance Company, issued to GLENN THOMSON & BILL FEALY DBA: Endorsement effective date 12/29/2016 10. If the secured party and its address is not designated in the policy to which this endorsement is attached, the following line(s) shall be completed: Secured Party TEREX UTILITIES Address: PO BOX 23009 PORTLAND OR 97281-3009 Secured Party Address: By 4?2� Agent 465239 - BELL ANDERSON AGENCY INC Form REG.-335 a C L 0466 01 01 Copyright,American Association of Insurance Services,Inc.,2001 AAIS This endorsement changes CL 0466 01 01 the policy Page 1 of 2 -- PLEASE READ THIS CAREFULLY-- LOSS PAYABLE ENDORSEMENT WASHINGTON (the entries required to complete this endorsement will be shown below or on the "declarations" or "schedule of coverages".) This form is identical to that promulgated in Washington State Insurance Commissioner's Regulation No. 335, pursuant to section 1,Chapter 12, Laws of 1967,ex. sess., State of Washington. s 1. Loss or damage, if any, under this policy shall be payable first to the loss payee or mortgagee (hereinafter called secured party), and, second, to the insured, as their interests may appear; PRO- - VIDED, That, upon demand for separate settlement by the secured party, the amount of said loss shall be paid directly to the secured party to the extent of its interest. 2. This insurance as to the interest of the secured party shall not be invalidated by any act or neglect of the insured named in said policy or his agents, employees or representatives, nor by any change in the title or ownership of the insured property: Provided, however, That, the conversion, embezzlement or secre- tion by the named insured or his agents, employees or representatives is not covered under said policy unless specifically insured against and premiums paid therefor. 3. In applying the pro rata provisions of the policy, the amount payable to the secured party shall be reduced only to the extent of pro rata payments receivable by the secured party under other policies. 4. The company reserves the right to cancel the policy at any time as provided by its terms, but in such case the company shall mail to the secured party a notice stating when such cancellation shall become effective as to the interest of said secured party. The amount and form of such notice shall be not less than that required to be given the named insured, by law or by the policy provisions, whichever is more favorable to the secured party. 5. If the insured falls to render proof of loss within the time granted in the policy conditions, such secured party shall do so within sixty days after having knowledge of a loss, in form and manner as provided by the policy, and, further, shall be subject to the provisions of the policy relating to appraisal and the time of payment and bringing suit. 6. Whenever the company shall pay the secured party any sum for loss or damage under policy and shall claim that, as to the insured, no liability exists, the company shall, to the extent of such payment, be thereupon legally subrogated to all the rights of the party to whom such payment shall be made, under all collateral held to secure the debt, or may, at its option, pay to the secured party the whole principal due or to grow due on the mortgage or other security agreement, with interest, and shall thereupon receive a full assignment and transfer of the mortgage or other security agreement and of all collateral held to secure it; but no subrogation shall impair the right of the secured party to recover the full amount due it. s 7. All terms and conditions of the policy remain unchanged except as herein specifically provided. CL 0465 01 01 Copyright,American Association of Insurance Services,Inc.,2001 AAIS This endorsement changes CL 0465 01 01 the policy Page 2 of 2 -- PLEASE READ THIS CAREFULLY-- LOSS PAYABLE ENDORSEMENT WASHINGTON 8. All notices sent to the secured party shall be sent to its last reported address, which must be stated in the policy or in this endorsement below. 9. The following item shall be completed if this endorsement is not referred to by number in the policy to which this endorsement is attached: The foregoing is attached to and forms a part of Policy No. BKW(.17)57011757 Of West American Insurance Company Insurance Company, issued to GLENN THOMSON & BILL FEALY DBA: Endorsement effective date 12/2 9/2 016 10. If the secured party and its address is not designated in the policy to which this endorsement is attached, the following line(s) shall be completed: Secured Party GE CAPITAL Address; PO BOX 143489 IRVING TX 75014-3489 Secured Party Address: By <�� Agent 465239 - BELL ANDERSON AGENCY INC Form REG.-335 s CL 0466 01 01 Copyright,American Association of Insurance Services,Inc.,2001 AAIS This endorsement changes CL 0465 01 01 the policy Page 1 of 2 — PLEASE READ THIS CAREFULLY— LOSS PAYABLE ENDORSEMENT WASHINGTON (the entries required to complete this endorsement will be shown below or on the "declarations" or "schedule of coverages".) This form is identical to that promulgated in Washington State Insurance Commissioner's Regulation No, s 335, pursuant to section 1, Chapter 12, Laws of 1967, ex. sess., State of Washington. 1. Loss or damage, if any, under this policy shall be payable first to the loss payee or mortgagee (hereinafter called secured party), and, second, to the insured, as their interests may appear; PRO- = VIDED, That, upon demand for separate settlement by the secured party, the amount of said loss shall " — be paid directly to the secured party to the extent of its interest. ZWM= 2. This insurance as to the interest of the secured party shall not be invalidated by any act or neglect of the i� insured named in said policy or his agents, employees or representatives, nor by any change in the title or ownership of the insured property: Provided, however, That, the conversion, embezzlement or secre- s i� tion by the named insured or his agents, employees or representatives is not covered under said policy t� unless specifically insured against and premiums paid therefor. 3. In applying the pro rata provisions of the policy, the amount payable to the secured party shall be reduced only to the extent of pro rata payments receivable by the secured party under other policies. 4. The company reserves the right to cancel the policy at any time as provided by its terms, but in such case the company shall mail to the secured party a notice stating when such cancellation shall become effective as to the interest of said secured party. The amount and form of such notice shall be not less than that required to be given the named insured, by law or by the policy provisions, whichever is more favorable to the secured party. 5. If the insured fails to render proof of loss within the time granted in the policy conditions, such secured party shall do so within sixty days after having knowledge of a loss, in form and manner as provided by the policy, and, further, shall be subject to the provisions of the policy relating to appraisal and the time of payment and bringing suit. 6. Whenever the company shall pay the secured party any sum for loss or damage under policy and shall claim that, as to the insured, no liability exists, the company shall, to the extent of such payment, be thereupon legally subrogated to all the rights of the party to whom such payment shall be made, under all collateral held to secure the debt, or may, at its option, pay to the secured party the whole principal due or to grow due on the mortgage or other security agreement, with interest, and shall thereupon receive a full assignment and transfer of the mortgage or other security agreement and of all collateral held to secure it; but no subrogation shall impair the right of the secured party to recover the full amount due it. 7. All terms and conditions of the policy remain unchanged except as herein specifically provided. CL 0465 01 01 Copyright,American Association of Insurance Services,Inc.,2001 AAIS This endorsement changes CL 0465 01 01 the policy Pace 2 of 2 --PLEASE READ THIS CAREFULLY-- LOSS PAYABLE ENDORSEMENT WASHINGTON 8. All notices sent to the secured party shall be sent to its last reported address, which must be stated in the policy or in this endorsement below. 9. The following item shall be completed if this endorsement is not referred to by number in the policy to which this endorsement is attached: The foregoing is attached to and forms a part of Policy No. BKW(17)57011757 of West American Insurance Company Insurance Company, issued to GLENN THOMSON & BILL FEALY DBA: Endorsement effective date 12/29/2016 10. If the secured party and its address is not designated in the policy to which this endorsement is attached, the following line(s) shall be completed: Secured Party WESTERN PETERBILT INC. Address: PO BOX 11390 SHAWNEF MISSION KS 66207-1090 Secured Party Address: By Agent 465239 - BELL ANDERSON AGENCY INC Form REG.-335 m S CL 0465 01 01 Copyright,American Association of Insurance Services,Inc.,2001 AAIS This endorsement changes CL 0600 01 15 the policy Page 1 of 1 — PLEASE READ THIS CAREFULLY-- CERTIFIED TERRORISM LOSS 1. The following definitions are added. 2. The "terms" of any terrorism exclusion that is a. "Certified act of terrorism means an act part of or that is attached to this Coverage that is certified by the Secretary of the Part are amended by the following provision: Treasury, in consultation with the Secre- This exclusion does not apply to "certified ter- tary of Homeland Security, and the Attor- rorism loss". �—" ney General of the United States: 3. The following provision is added. 1) to be an act of terrorism; If the Secretary of the Treasury determines 2) to be a violent act or an act that is that the aggregate amount of"certified terror- dangerous to human life, property, or ism loss" has exceeded one hundred billion infrastructure; dollars in a calendar year (January 1 through 3} to have resulted in damage: December 31), and "we" have met "our" in- surer deductible under the Terrorism Risk In- a) within the United States; or surance Act, as amended, "we" will not pay s b) to an air carrier (as defined in for any portion of "certified terrorism loss" section 40102 of title 49, United that exceeds one hundred billion dollars. If States Code); to a United States the "certified terrorism loss" exceeds one flag vessel (or a vessel based hundred billion dollars in a calendar year principally in the United States, (January 1 through December 31), losses up on which United States income to one hundred billion dollars are subject to tax is paid and whose insurance pro rata allocation in accordance with proce- coverage is subject to regulation dures established by the Secretary of the in the United States), regardless Treasury under the Terrorism Risk Insurance of where the loss occurs; or at Act, as amended. the premises of any United 4. The following provisions are added. States mission; a. Neither the "terms" of this endorsement 4) to have been committed by an indi- nor the "terms" of any other terrorism vidual or individuals, as part of an ef- endorsement attached to this Coverage fort to coerce the civilian population Part provide coverage for any loss that of the United States or to influence would otherwise be excluded by this Cov- the policy or affect the conduct of the erage Part under: United States Government by coer- cion; and 1) exclusions that address war, military action, or nuclear hazard; or 5) to have resulted in insured losses in - excess of five million dollars in the 2) any other exclusion; and aggregate, attributable to all types of b. the absence of any other terrorism en- insurance subject to the Terrorism dorsement does not imply coverage for Risk Insurance Act, as amended. any loss that would otherwise be ex- b. "Certified terrorism loss" means loss that cluded by this Coverage Part under: results from a"certified act of terrorism". 1) exclusions that address war, military action, or nuclear hazard; or 2) any other exclusion. CL 0600 01 15 Copyright,American Association of Insurance Services,Inc.,2015 AAIS This endorsement changes CL 0700 10 06 the policy Page 1 of 1 -- PLEASE READ THIS CAREFULLY-- VIRUS OR BACTERIA EXCLUSION DEFINITIONS This exclusion applies to, but is not limited to, any loss, cost, or expense as a result of: a. any contamination by any virus, bacte- Definitlons Amended -- rium, or other microorganism; or When "fungus" is a defined "term", the definition b. any denial of access to property because of "fungus" is amended to delete reference to a of any virus, bacterium, or other microor- bacterium. ganism. When "fungus or related perils" is a defined 2. Superseded Exclusions -- The Virus or Bac- "term", the definition of"fungus or related perils" teria exclusion set forth by this endorsement is amended to delete reference to a bacterium. supersedes the "terms" of any other exclu- sions referring to "pollutants" or to contami- nation with respect to any loss, cost, or ex- pense caused by, resulting from, or relating to any virus, bacterium, or other microorganism that causes disease, illness, or physical dis- The additional exclusion set forth below applies to tress or that is capable of causing disease, ill- all coverages, coverage extensions, supplemental Hess, or physical distress. coverages, optional coverages, and endorsements that are provided by the policy to which this en- dorsement is attached, including, but not limited OTHER CONDITIONS to, those that provide coverage for property, earn- ings, extra expense, or interruption by civil au- thority. Other Terms Remain in Effect -- 1. The following exclusion is added under Perils The "terms" of this endorsement, whether or not Excluded, item 1.: applicable to any loss, cost, or expense, cannot be Virus or Bacteria -- construed to provide coverage for a loss, cost, or expense that would otherwise be excluded under "We" do not pay for loss, cost, or expense the policy to which this endorsement is attached. caused by, resulting from, or relating to any virus, bacterium, or other microorganism that causes disease, illness, or physical distress or that is capable of causing disease, illness, or physical distress. s CL 0700 10 06 Copyright,American Association of Insurance Services,Inc.,2006 COMMERCIAL INLAND MARINE CM 76 13 07 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF THEFT DEDUCTIBLE This endorsement modifies insurance provided under the following: CONTRACTORS' EQUIPMENT COVERAGE I CONTRACTORS' EQUIPMENT COVERAGE-Blanket Equipment Form a-z= The following is added to your policy: Waiver of Deductible: In the event of a theft loss to covered "contractors' equipment", we agree to waive up to $10,000 of the applicable deductible if: s� g 1. the stolen "contractors' equipment" is "Properly Registered" on the National Equipment Register (NER) database; and 2. NER warning decals are on the stolen "contractors' equipment"; at the time of theft. (equipment can be registered with NER by calling 866-663-7872 or at www.NER.net ); and 3. Following the theft loss, "you" must: 1) Report the theft to the local law enforcement agency having jurisdiction as soon as "you" become aware of the theft; and 2) Report the claim to "us" in accordance with the terms and conditions of this policy "Properly Registered" means providing National Equipment Register (NER) with the specific manufacturer, model number, serial number, and year manufactured either through your on-line entry of this information in the NER website or sending this information on an electronic spreadsheet directly to NER prior to the theft. s CM 76 13 07 13 0 2013 Liberty Mutual Insurance.All rights reserved. Page 1 of 1 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 S. Coverage C - Mortgageholder's Liability all Insuring Agreements that set forth a duty under the Mortgageholder's Errors And to defend under: Omissions Coverage Form. 1. Section I of the Commercial General Li- Paragraph B. also applies to any other provi- ability, Commercial Liability Umbrella, sion in the policy that sets forth a duty to de- Electronic Data Liability, Farm, Liquor Li- fend. ability, Owners And Contractors Protec- B. If we initially defend an insured ("insured") or tive Liability, Pollution Liability, Pro- pay for an insured's ("insured's") defense but ducts/Completed Operations Liability, later determine that none of the claims Product Withdrawal, Medical Profession- ("claims"), for which we provided a defense al Liability, Railroad Protective Liability or defense costs, are covered under this in- and Underground Storage Tank Cover- surance, we have the right to reimbursement age Parts, Auto Dealers Coverage Form for the defense costs we have incurred. and the Farm Umbrella Liability Policy; The right to reimbursement under this provi- 2. Section II under the Auto Dealers, Busi- sion will only apply to the costs we have in- ness Auto and Motor Carrier Coverage curred after we notify you in writing that Forms; there may not be coverage and that we are 3. Section III under the Auto Dealers and reserving our rights to terminate the defense Motor Carrier Coverage Forms; or the payment of defense costs and to seek 4. Section A. Coverage under the Legal Li- reimbursement for defense costs. s ability Coverage Form; and IL 01 23 11 13 0 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 favor- Coverage Part and the Capital Assets Pro- able to the insured. gram (Output Policy) Coverage Part, if A. Cancellation made a part of this policy, by mailing or 1. The first Named Insured shown in the delivering to the first Named Insured and Declarations may cancel this policy by the first Named Insured's agent or broker written notice of cancellation at least notifying us or the insurance producer in five one of the following ways: days before the effective date of cancella- tion for any structure where two or more a. Written notice by mail, fax or e-mail; of the following conditions exist: b. Surrender of the policy or binder; or a. Without reasonable explanation, the c. Verbal notice. structure is unoccupied for more Upon receipt of such notice, we will can- than 60 consecutive days, or at least 8 cel this policy or any binder issued as evi- 65% of the rental units are unoccu- ��- dence of coverage, effective on the later pied for more than 120 consecutive of the following: days, unless the structure is main- a. The date on which notice is received tained for seasonal occupancy or is or the policy or binder is surren- under construction or repair; dered; or b. Without reasonable explanation, A b. The date of cancellation requested progress toward completion of per- by the first Named Insured. manent repairs to the structure has not occurred within 60 days after re- 2. We may cancel this policy by mailing or ceipt of funds following satisfactory delivering to the first Named Insured and adjustment or adjudication of loss re- the first Named Insured's agent or broker sulting from afire; written notice of cancellation, including c. Because of its physical condition, the the actual reason for the cancellation, to the last mailing address known to us, at structure is in danger of collapse; least: d. Because of its physical condition, a a. 10 days before the effective date of vacation or demolition order has cancellation if we cancel for nonpay- been issued for the structure, or it ment of premium; or has been declared unsafe in accor- dance with applicable law; b. 45 days before the effective date of cancellation if we cancel for any vth- e• Fixed and salvageable items have er reason; been removed from the structure, in- dicating an intent to vacate the struc- except as provided in Paragraphs 3. and ture; 4. below. f. Without reasonable explanation, s heat, 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 01 46 08 10 ® Insurance Services Office, Inc., 2010 Page 1 of 4 4. If. 7. If this policy is cancelled, we will send a. You are an individual; the first Named Insured any premium re- b. A covered auto you own is of the fund due. If we cancel, the refund will be "private passenger type": and pro rata. If the first Named Insured can- cels, the refund will be at least 90%of the c. The policy does not cover garage, pro rata refund unless the following ap- automobile sales agency, repair plies: shop, service station or public park- a, For Division Two - Equipment Break- ing place operations hazards; down, if the first Named Insured can- we may cancel the Commercial Auto- cels, the refund will be at least 75% mobile Coverage Part by mailing or of the pro rata refund, delivering to the first Named Insured and b. If: the first Named Insured's agent or broker written notice of cancellation, including (1) You are an individual; the actual reason for cancellation, to the (2) A covered auto you own is of the last mailing address known to us: "private passenger type'; a. At least 10 days before the effective (3) The policy does not cover ga- date of cancellation if we cancel for rage, automobile sales agency, nonpayment of premium; or repair shop, service station or b. At least 10 days before the effective public parking place operations date of cancellation for any other rea- hazards; and son if the policy is in effect less than (4) The first Named Insured cancels; 30 days; or the refund will be not less than 90% c. At least 20 days before the effective of any unearned portion not exceed- date of cancellation for other than ing $100, plus 95% of any unearned nonpayment if the policy is in effect portion over $100 but not exceeding 30 days or more; or $500, and not less than 97% of any d. At least 20 days before the effective unearned portion in excess of$500. date of cancellation if the policy is in The cancellation will be effective even if effect for 60 days or more or is a re- we have not made or offered a refund. newal or continuation policy, and the 8. If notice is mailed, proof of mailing will reason for cancellation is that your be sufficient proof of notice. driver's license or that of any driver B. Changes who customarily uses a covered The policy contains all the agreements be- auto' has been suspended or p y g revoked during policy period. tween you and us concerning the insurance S. We will also mail or deliver to any mort- afforded. The first Named Insured shown in gage holder, pledgee or other person the Declarations is authorized to make shown in this policy to have an interest in changes in the terms of this policy with our any loss which may occur under this poli- consent. This policy's terms can be amended cy, at their last mailing address known to or waived only by endorsement issued by us a us, written notice of cancellation, prior to and made apart of this policy. the effective date of cancellation. If can- C. Examination Of Your Books And Records cellation is for reasons other than those We may examine and audit your books and a contained in Paragraph A.3. above, this records as they relate to this policy at any notice will be the same as that mailed or time during the policy period and up to three delivered to the first Named Insured. If years afterward. cancellation is for a reason contained in D. Inspection And Surveys Paragraph A.3. above, we will mail or de- liver this notice at least 20 days prior to 1. We have the right to: the effective date of cancellation, a. Make inspections and surveys at any 6. Notice of cancellation will state the effec- time; five date of cancellation. The policy pe- b. Give you reports on the conditions riod will end on that date. we find; and c. Recommend changes. Page 2 of 4 o Insurance Services Office, Inc., 2010 IL 01 46 08 10 2. We are not obligated to make any inspec- G. Nonrenewal tions, surveys, reports or recommenda- 1. We may elect not to renew this policy by tions, and any such actions we do under- mailing or delivering written notice of take relate only to insurability and the nonrenewal, stating the reasons for premiums to be charged. We do not nonrenewal, to the first Named Insured make safety inspections. We do not un- and the first Named Insured's agent or dertake to perform the duty of any person broker, at their last mailing addresses or organization to provide for the health known to us. We will also mail to any or safety of workers or the public. And we mortgage holder, pledgee or other per- do not warrant that conditions: son shown in this policy to have an inter- a. Are safe or healthful; or est in any loss which may occur under b. Comply with laws, regulations, this policy, at their last mailing address codes or standards. known to us, written notice of 3. Paragraphs 1. and 2. of this condition ap- nonrenewal. We will mail or deliver these ply not only to us, but also to any rating, notices at least 45 days before the: advisory, rate service or similar organiza- a. Expiration of the policy; or tion which makes insurance inspections, b. Anniversary date of this policy if this es surveys, reports or recommendations. policy has been written for a term of ® 4. Paragraph 2. of this condition does not more than one year. apply to any inspections, surveys, reports Otherwise, we will renew this policy un- "s 90mig or recommendations we may make rela- less: tive to certification, under state or mu- a. The first Named Insured fails to pay nicipal statutes, ordinances or regula- the renewal premium after we have tions, of boilers, pressure vessels or expressed our willingness to renew, elevators. including a statement of the renewal E. Premiums premium, to the first Named Insured ry The first Named Insured shown in the Dec- and the first Named Insured's insur- larations: ante agent or broker, at least 20 days 1. Is responsible for the payment of all pre- before the expiration date; miums; and b. Other coverage acceptable to the In- 2. Will be the payee for any return premi- sured has been procured prior to the expiration date of the policy; or urns we pay. c F. Transfer Of Your Rights And Duties Under C. The policy clearly states that it is not This Policy renewable and is for a specific line, subclassification, or type of coverage Your rights and duties under this policy may that is not offered on a renewable ba- not be transferred without our written con- sis. sent except in the case of death of an individ- 2. If: ual Named Insured. If you die, your rights and duties will be trans- a. You are an individual; ferred to your legal representative but only b. A covered auto you own is of the while acting within the scope of duties as ,private passenger type'; and your legal representative. Until your legal re- c. The policy does not cover garage, presentative is appointed, anyone having automobile sales agency, repair proper temporary custody of your property shop, service station or public park- will have your rights and duties but only with ing place operations hazards; respect to that property. IL 01 46 08 10 Insurance Services Office, Inc., 2010 Page 3 of 4 the following applies to nonrenewal of b. We will not refuse to renew Liability the Commercial Automobile Coverage Coverage or Collision Coverage sole- Part in place of G.1.: ly because an "insured" has submit- a. We may elect not to renew or con- ted claims under Comprehensive tinue this policy by mailing or Coverage or Towing And Labor Cov- delivering to you and your agent or erage. broker written notice at least 20 days c. If we fail to mail or deliver proper no- before the end of the policy period, bce of nonrenewal and you obtain including the actual reason for other insurance, this policy will end nonrenewal. If the policy period is on the effective date of that insur- more than one year, we will have the ance. right not to renew or continue it only at an anniversary of its original effec- tive date. If we offer to renew or con- tinue 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 ® Insurance Services Office, Inc., 2010 IL 01 46 08 10 IL 01 98 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 COMMERCIAL LIABILITY UMBRELLA COVERAGE PART FARM COVERAGE PART er: 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 s UNDERGROUND STORAGE TANK POLICY 1, The insurance does not apply: B. Under any Medical Payments Coverage, A. Under any Liability Coverage, to "bodily to expenses incurred with respect to injury" or "property damage": "bodily injury resulting from the haz- ardous properties" of "nuclear mated- (1) With respect to which an "insured" al" and arising out of the operation of a " under the policy is also an insured "nuclear facility" by any person or or- under a nuclear energy liability poli- ganization. cy issued by Nuclear Energy Liabil- ity Insurance Association, Mutual C. Under any Liability Coverage, to "bodily Atomic Energy Liability Underwrit- injury" or "property damage" resulting from "hazardous properties" of "nuclear ers, Nuclear Insurance Association material", if: of Canada or any of their succes- sors, or would be an insured under (1) The "nuclear material" (a) is at any any such policy but for its termina- "nuclear facility" owned by, or op- tion upon exhaustion of its limit of erated by or on behalf of, an "in- liability; or sured" or (b) has been discharged (2) Resulting from the "hazardous or dispersed therefrom; properties" of "nuclear material" (2) The "nuclear material" is contained and with respect to which (a) any in "spent fuel" or "waste" at any person or organization is required time possessed, handled, used, pro- to maintain financial protection pur- cessed, stored, transported or suant to the Atomic Energy Act of disposed of, by or on behalf of an 1954, or any law amendatory there- "insured"; or of, or (b) the "insured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agree- ment entered into by the United States of America, or any agency thereof, with any person or organi- zation. IL 01 98 09 08 ©ISO Properties, Inc., 2007 Page 1 of 2 (3) The "bodily injury" or "property "Nuclear facility" means: damage" arises out of the furnish- (a) Any "nuclear reactor' ing by an "insured" of services, materials, parts or equipment in (b) Any equipment or device designed connection with the planning, con- or used for (1) separating the iso- struction, maintenance, operation or topes of uranium or plutonium, (2) use of any "nuclear facility", but if processing or utilizing "spent fuel", such facility is located within the or (3) handling, processing or pack- such "waste"; United States of America, its ter- ritories or possessions or Canada, (c) Any equipment or device used for this Exclusion (3) applies only to the processing, fabricating or "property damage" to such "nucle- alloying of "special nuclear mate- ar facility" and any property vial" if at any time the total amount thereat. of such material in the custody of 2. As used in this endorsement: the "insured" at the premises where such equipment or device is "Hazardous properties" include radioactive, located consists of or contains toxic or explosive properties; more than 25 grams of plutonium "Nuclear material" means "source materi- or uranium 233 or any combination al", "Special nuclear material" or "by-prod- thereof, or more than 250 grams of uct material"; uranium 235; "Source material", "special nuclear mate- (d) Any structure, basin, excavation, rial", and "by-product material" have the premises or place prepared or used meanings given them in the Atomic Energy for the storage or disposal of Act of 1954 or in any law amendatory there- "waste'; of; and includes the site on which any of the "Spent fuel" means any fuel element or fuel foregoing is located, all operations conduct- component, solid or liquid, which has been ed on such site and all premises used for used or exposed to radiation in a "nuclear such operations; reactor"; "Nuclear reactor" means any apparatus de- "Waste" means any waste material (a) contain- signed or used to sustain nuclear fission in ing "by-product material" other than the tailings a self-supporting chain reaction or to con- or wastes produced by the extraction or con- tain a critical mass of fissionable material; centration of uranium or thorium from any ore "Property damage" includes all forms of ra- processed primarily for its "source material" dioactive contamination of property. content, and (b) resulting from the operation by any person or organization of any "nuclear fa- cility" included under the first two paragraphs of the definition of "nuclear facility". s IL 01 98 09 08 ®ISO Properties, Inc., 2007 Page 2 of 2 AAIS This endorsement changes IM 2097 04 04 the policy Page 1 of 1 --PLEASE READ IT CAREFULLY-- AMENDATORY ENDORSEMENT WASHINGTON 1. Under Definitions, the definition of "volcanic Misrepresentation, Concealment, Or Fraud -- action", if applicable, is deleted and replaced This coverage is void if before or after a loss: by the following: a. any insured has intentionally concealed "Volcanic action" means airborne volcanic or misrepresented: blast or airborne shock waves; ash, dust, or 1) a material fact or circumstance that particulate matter; or lava flow. It includes the relates to this insurance or the sub- cost to remove the initial deposit of ash, dust, ject thereof; or or particulate matter that causes direct phys- ical loss to the covered property. It does not 2) the insured's interest herein. include subsequent deposits arising from the b. there has been fraud or false swearing by movement of volcanic dust or ash by wind or any insured with regard to a matter that other means. relates to this insurance or the subject s 2. Under Perils Excluded, the first paragraph of thereof. item 1. is deleted and replaced by the follow- 6. Under Other Conditions, Recoveries is i5o ' ing: amended to include the following: "We" do not pay for loss or damage caused The Recoveries provision does not apply to a by any of the following excluded events. Loss recovery that results from subrogation or damage will be considered to have been against others. caused by an excluded event if that event di- 7. Under Other Conditions, Subrogation is de- rectly and solely results in loss or damage, or leted and replaced by the following: initiates a sequence of events that results in loss or damage, regardless of the nature of Subrogation -- If "we" pay under this policy, any intermediate or final event in that se- we may require from an insured an assign- quence. ment of the rights of recovery. "We" are not liable for a loss if an insured impairs "our" 3. Under Valuation, Actual Cash Value, if appli- right to recover. "You" may waive "your" cable, is amended to include the following: right to recover, In writing, before a loss oc- Actual cash value may include a deduction for curs, without voiding coverage. If"we" pay a depreciation or an adjustment for apprecia- loss to or for an insured and the insured re- tion, however caused. covers from another party for the same loss, 4. Under Valuation, Replacement Cost, if appli- the Insured will reimburse "us" as provided cable, Replacement Cost Limitations is de- under Recoveries. If an Insured assigns to "us" the rights of recovery under this provi- leted and replaced by the following: $ sion and "we" recover from another party, Replacement Cost Limitations -- "we" will make the insured whole before Replacement cost is limited to the cost of re- recovering for "our" loss. pair or replacement with new materials of like a kind and quality on the same site and used for S. Under Reporting Conditions, if applicable, the same purpose. Premium Computation And Adjustment is amended to include the following: S. Under Other Conditions, Misrepresentation, The minimum premium is not subject to a re- Concealment, Or Fraud is deleted and re- placed by the following: fund unless "we" cancel the policy. IM 2097 04 04 Copyright,American Association of Insurance Services,Inc.,2004 AAIS IM 7000 04 04 Page 1 of 13 CONTRACTORS' EQUIPMENT COVERAGE b. vehicles designed for highway use that AGREEMENT are unlicensed and not operated on pub- lic roads. 4. "Equipment schedule" means a schedule of In return for "your" payment of the required pre- "contractors' equipment" that is attached to mium, "we" provide the coverage described here- this policy and that describes each piece of in subject to all the "terms" of the Contractors' covered equipment. Equipment Coverage. This coverage is also sub- 5. "Jobsite" means any location, project, or ject to the "schedule of coverages" and additional work site where "you" are in the process of policy conditions relating to assignment or trans- construction, installation, erection, repair, or fer of rights or duties, cancellation, changes or modifications, inspections, and examination of moving. books and records. 6. "Limit" means the amount of coverage that Endorsements and schedules may also apply. applies. They are identified on the "schedule of cover- 7. "Pollutant" means: ages". a. any solid, liquid, gaseous, thermal, or ra- Refer to Definitions for words and phrases that dioactive irritant or contaminant, includ- have special meaning. These words and phrases ing acids, alkalis, chemicals, fumes, are shown in quotation marks or bold type. smoke, soot, vapor, and waste. Waste in- cludes materials to be recycled, re- claimed, or reconditioned, as well as DEFINITIONS disposed of; and b. electrical or magnetic emissions, whether visible or invisible, and sound emissions. 1. The words "you" and "your" mean the per- $ "Schedule of coverages" means: sons or organizations named as the insured on the declarations. a. all pages labeled schedule of coverages 2. The words "we", "us", and "our' mean the or schedules which pertain to this cover- company providing this coverage. age; and 3. "Contractors' equipment" means machinery, b. declarations or supplemental declara- equipment, and tools of a mobile nature that tions which pertain to this coverage. "you" use in "your" contracting, installation, 9. "Sinkhole collapse" means the sudden settle- erection, repair, or moving operations or pro- ment or collapse of earth supporting the jects. covered property into subterranean voids cre- "Contractors' equipment" also means: ated by the action of water on a limestone or similar rock formation. It does not include the a. self-propelled vehicles designed and value of the land or the cost of filling used primarily to carry mounted equip- sinkholes. ment; or IM 7000 04 04 Copyright,American Association of Insurance Services,Inc.,2004 AAIS IM 7000 04 04 Page 2 of 13 10. "Specified perils" means aircraft; civil com- 2) "contractors' equipment" of others motion; explosion; falling objects; fire; hail; in "your" care, custody, or control. leakage from fire extinguishing equipment; b. Coverage Limitation -- "We" only cover lightning; riot; "sinkhole collapse'; smoke; "your' "contractors' equipment" and sonic boom; vandalism; vehicles; "volcanic "contractors' equipment" of others: action"; water damage; weight of ice, snow, or sleet; and windstorm. 1) that are described on the "equipment schedule"; and MM Falling objects does not include loss to: 2) when Scheduled Equipment is indi- a. personal property in the open; or cated on the "schedule of cover- b. the interior of buildings or structures or to ages". personal property inside buildings or 2, Schedule On File-- structures unless the exterior of the roofs � or walls are first damaged by a falling ob- a. Coverage -- "We" cover direct physical ject loss caused by a covered peril to: Water damage means the sudden or acciden- 1) "your' "contractors' equipment"; s 1= tal discharge or leakage of water or steam as and a direct result of breaking or cracking of a part 2) "contractors' equipment" of others of the system or appliance containing the wa- in "your" care, custody, or control. ter or steam. b. Coverage Limitation — "We" only cover 11. "Terms" means all provisions, limitations, "your' "contractors' equipment" and exclusions, conditions, and definitions that "contractors' equipment" of others: apply. 1) that are listed in a schedule which 12. "Volcanic action" means airborne volcanic "you" must submit to "us" and "we" blast or airborne shock waves; ash, dust, or keep on file, the schedule must con- particulate matter; or lava flow. tain a description of each item to be Volcanic action does not include the cost to covered and a "limit" for each item; remove ash, dust, or particulate matter that and does not cause direct physical loss to the cov- 2) when Schedule on File is indicated ered property. on the "schedule of coverages". PROPERTY COVERED PROPERTY NOT COVERED "We" cover the following property unless the 1. Aircraft Or Watercraft -- "We" do not cover property is excluded or subject to limitations. aircraft or watercraft. 1. Scheduled Equipment -- 2. Contraband -- "We" do not cover contraband a. Coverage -- "We" cover direct physical or property in the course of illegal transporta- _ loss caused by a covered peril to: tion or trade. 1) "your' "contractors' equipment"; 3. Leased Or Rented Property — "We" do not and cover property that "you" lease or rent to oth- ers. IM 7000 04 04 Copyright,American Association of Insurance Services,Inc.,2004 AAIS IM 7000 04 04 Pane 3of13 4. Loaned Property -- "We" do not cover prop- The "limit" provided under a Coverage Extension erty that "you" loan to others. cannot be combined or added to the "limit" for S. Underground Mining Operations -- "We" do any other Coverage Extension or Supplemental not cover property while stored or operated Coverage including a Coverage Extension or Sup- underground in connection with any mining plemental Coverage that is added to this policy by operations. endorsement. 6. Vehicles -- "We" do not cover automobiles, If coinsurance provisions are part of this policy, motor trucks, tractors, trailers, and similar the following coverage extensions are not subject conveyances designed for highway use and to and not considered in applying coinsurance used for over the road transportation of peo- conditions. ple or cargo. However, this does not include: Debris Removal — a. self-propelled vehicles designed and 1. Coverage -- "We" pay the cost to remove the used primarily to carry mounted equip- debris of covered property that is caused by a ment; or covered peril. b. vehicles designed for highway use that 2. We Do Not Cover -- This coverage does not are unlicensed and not operated on pub- include costs to: lic roads. a. extract "pollutants" from land or water; 7. Waterborne Property -- "We" do not cover or property while waterborne except while in b. remove, restore, or replace polluted land transit in the custody of a carrier for hire. or water. 3. Limit -- "We" do not pay any more under this COVERAGE EXTENSIONS coverage than 25% of the amount "we" pay for the direct physical loss. "We" will not pay more for loss to property and debris removal Provisions That Apply To Coverage Extensions -- combined than the "limit" for the damaged The following Coverage Extensions indicate an property. applicable "limit". This "limit" may also be 4. Additional Limit — "We" pay up to an addi- shown on the "schedule of coverages". tional $5,000 for debris removal expense If a different "limit" is indicated on the "schedule when the debris removal expense exceeds of coverages", that "limit" will apply instead of 25% of the amount "we" pay for direct phys- the "limit" shown below. ical loss or when the loss to property and de- However, if no "limit" bris removal combined exceeds the "limit"is indicated for a Coverage for the damaged property. Extension, coverage is provided up to the full "limit" for the applicable covered property unless S. You Must Report Your Expenses -- "We" do a different "limit" is indicated on the "schedule of not pay any expenses unless they are report- coverages". ed to "us" in writing within 180 days from the Unless otherwise indicated, the coverages pro- date of direct physical loss to covered prop- s vided below are part of and not in addition to the erty' applicable "limit" for coverage described under Property Covered. IM 7000 04 04 Copyright,American Association of Insurance Services,Inc.,2004 AAIS IM 7000 04 04 Page 4 of 13 1. Employee Tools— SUPPLEMENTAL COVERAGES a. Coverage -- "We" cover direct physical loss caused by a covered peril to tools owned by "your" employees. Provisions That Apply To Supplemental Cover- ages --The following Supplemental Coverages in- tools owned by "your" employees while dicate an applicable "limit". This "limit" may also be shown on the "schedule of coverages". at a: If a different "limit" is indicated on the "schedule 1) premises that "you" own or operate; of coverages", that "limit" will apply instead of or o — the "limit" shown below. 2) "jobsite". � However, if no "limit" is indicated for a Supple- c. Limit -- The most "we" pay in any one mental Coverage, coverage is provided up to the occurrence for loss to employee tools is full "limit" for the applicable covered property un- $5,000. less a different "limit" is indicated on the "sched- 2. Equipment Leased Or Rented From Others -- g ule of coverages". a. Coverage -- "We" cover direct physical Unless otherwise indicated, a "limit" for a Sup- loss caused by a covered peril to "con- plemental Coverage provided below is separate tractors' equipment" that "you" have from, and not part of, the applicable "limit" for leased or rented from others. coverage described under Property Covered. b. Limit -- The most "we" pay in any one The 'limit" available for coverage described un- occurrence for equipment leased or der a Supplemental Coverage: rented from others is $25,000. a. is the only "limit" available for the described 3. Newly Purchased Property -- coverage; and a. Coverage -- "We" cover direct physical b. is not the sum of the "limit" indicated for a loss caused by a covered peril to addi- Supplemental Coverage and the "limit" for tional "contractors' equipment" that coverage described under Property Covered, "you" purchase during the policy period. The "limit" provided under a Supplemental Cov- b. Limit -- The most that "we" pay for any erage cannot be combined or added to the "limit" loss under this supplemental coverage is for any other Supplemental Coverage or Coverage the least of the: Extension including a Supplemental Coverage or Coverage Extension that is added to this policy by 1) actual cash value of the covered endorsement. property; or If coinsurance provisions are part of this policy, 2) "limit" for newly purchased property the following supplemental coverages are not indicated on the "schedule of cover- subject to and not considered in applying coinsur- ages". If no "limit" is indicated, then ante conditions. 30/o of the Catastrophe Limit Indicat- ed on the schedule of coverages" applies to this coverage. IM 7000 04 04 Copyright,American Association of Insurance Services,Inc.,2004 AAIS IM 7000 04 04 Page 5 of 13 c. Time Limitation --'We" extend coverage 5. Rental Reimbursement — to the additional "contractors' equip- a. Coverage -- In the event of a direct phys- ment" that "you" purchase for up to 60 ical loss by a covered peril to "your" days. "contractors' equipment", "we" reim- This supplemental coverage will end burse "you" for "your" expense to rent when any of the following first occur: similar equipment while "your" equip- 1) this policy expires; ment is inoperable. 2) 60 days after "you" obtain the addi- The deductible amount Indicated on the tional "contractors' equipment'; or "schedule of coverages" does not apply to a loss covered under this supplemental 3) "you report the additional "contrac- coverage. tors' equipment" to "us". g b. Waiting Period -- "We" will not reim- d. Additional Premium — "You" must pay burse "you" for the rental of equipment any additional premium due from the until after the first 72-hours (unless other- date "you" purchase the additional "con- wise indicated on the "schedule of cov- tractors' equipment". erages") following the direct physical 4. Pollutant Cleanup And Removal -- loss to "your" "contractors' equipment" a. Coverage --'We" pay "your" expense to caused by a covered peril. extract "pollutants" from land or water if c. Incurred Rental Expenses -- After the the discharge, dispersal, seepage, migra- waiting period has passed, "we" will only tion, release, or escape of the "pollu- reimburse "you" for the rental expenses tants" is caused by a covered peril that that 'you" actually incur. occurs during the policy period. d. Coverage After Expiration Date -- "We" b. Time Limitation -- The expenses to ex- will continue to reimburse "you" for the tract "pollutants" are paid only if they are rental of equipment after the expiration reported to "us" in writing within 180 date of this coverage, provided the loss days from the date the covered peril oc- occurred before the expiration date. curs. e. Coverage Limitations — "We" will not re- c. We Do Not Cover — "We" do not pay the imburse "you": cost of testing, evaluating, observing, or 1) if "you" can continue or resume recording the existence, level, or effects "your" operations with similar equip- of "pollutants". ment that is available to "you" at no However, "we" pay the cost of testing additional expense to "you'; or which is necessary for the extraction of 2) for the rental expense of any equip- "pollutants" from land or water. ment unless "you" make every rea- d. Limit -- The most 'lure" pay for each loca- sonable effort to repair, replace, or lion is $25,000 for the sum of all such ex- rebuild the inoperable equipment penses arising out of a covered peril oc- after the loss by a covered peril oc- curring during each separate 12-month curs. period of this policy. f. Limit — The most "we" reimburse "you" in any one occurrence for rental expenses is$5,000. IM 7000 04 04 Copyright,American Association of Insurance Services,Inc.,2004 AAIS IM 7000 04 04 Pane 6 of 13 -- 6. Spare Parts And Fuel -- b. Nuclear Hazard — "We" do not pay for a. Coverage -- "We" cover direct physical loss caused by or resulting from a nuclear loss caused by a covered peril to: reaction, nuclear radiation, or radioactive contamination (whether controlled or 1) spare parts and accessories for con- uncontrolled; whether caused by natural, tractors' equipment"; and accidental, or artificial means). Loss 2) fluids for vehicles and "contractors' caused by nuclear hazard is not consid- �s equipment'; fluids include gasoline, ered loss caused by fire, explosion, or oil, and hydraulic fluid. smoke. Direci loss by fire resulting from b. Limit -- The most "we" pay in any one the nuclear hazard is covered. occurrence for loss to spare parts and ac- c. War And Military Action -- "We" do not cessories is $5,000. pay for loss caused by: 1) war, including undeclared war or civ- PERILS COVERED it war; or 2) a warlike action by a military force, a including action taken to prevent or "We" cover risks of direct physical loss unless the defend against an actual or expected loss is limited or caused by a peril that is ex- attack, by any government, sover- cluded. eign, or other authority using military personnel or other agents; or PERILS EXCLUDED 3) insurrection, rebellion, revolution, or unlawful seizure of power including action taken by governmental author- 1. "We" do not a for loss or damage caused of to prevent or defend against any pay 9 of these. directly or indirectly by one or more of the following excluded causes or events. Such With regard to any action that comes loss or damage is excluded regardless of oth- within the "terms" of this exclusion and er causes or events that contribute to or ag- involves nuclear reaction, nuclear radi- gravate the loss, whether such causes or ation, or radioactive contamination, this War and Military Action Exclusion will ap- events act to produce the loss before, at the same time as, or after the excluded causes or ply in place of the Nuclear Hazard Exclu- events. sion. a. Civil Authority --"We" do not pay for loss 2. "We" do not pay for loss or damage that is caused by order of any civil authority, in- caused by or results from one or more of the cluding seizure, confiscation, destruction, following: or quarantine of property. a. Contamination or Deterioration -- "We" "We" do cover loss resulting from acts of do not pay for loss caused by contamina- destruction by the civil authority to pre- tion or deterioration including corrosion, s vent the spread of fire, unless the fire is decay, fungus, mildew, mold, rot, rust, or caused by a peril excluded under this cov- any quality, fault, or weakness in the cov- erage. ered property that causes it to damage or destroy itself. But if contamination or deterioration re- sults in a covered peril, "we" do cover the loss or damage caused by that covered peril. IM 7000 04 04 Copyright,American Association of Insurance Services,Inc.,2004 AAIS IM 7000 04 04 Page 7 of 13 b. Criminal, Fraudulent, Dishonest Or Illegal e. Missing Property — "We" do not pay for Acts — "We" do not pay for loss caused missing property where the only proof of by or resulting from criminal, fraudulent, loss is unexplained or mysterious disap- dishonest, or illegal acts committed alone pearance of covered property, or short- or In collusion with another by: age of property discovered on taking in- 1) "you"; ventory, or any other instance where there is no physical evidence to show 2) others who have an interest in the what happened to the covered property. property; 3) others to whom "you" entrust the This exclusion does not apply to covered property in the custody of a carrier for property; hire. 4) "your" partners, officers, directors, f. Pollutants -- "We" do not pay for loss trustees, joint venturers, or "your" caused by or resulting from release, dis- members or managers if "you" are a charge, seepage, migration, dispersal, or limited liability company; or escape of"pollutants": 5) the employees or agents of 1), 2), 3), 1) unless the release, discharge, seep- or 4) above, whether or not they are age, migration, dispersal, or escape at work. is caused by a"specified peril".- or This exclusion does not apply to acts of 2) except as specifically provided under destruction by "your" employees, but the Supplemental Coverages - Pollu- "we" do not pay for theft by employees. tant Cleanup and Removal. This exclusion does not apply to covered "We" do cover any resulting loss caused property in the custody of a carrier for by a"specified peril". hire. g• Temperature/Humidity -- "We" do not C. Loss Of Use — "We" do not pay for loss pay for loss caused by dryness, damp- caused by or resulting from loss of use, delay, or loss of market. ness, humidity, or changes in or extremes of temperature. d. Mechanical Breakdown -- "We" do not But if dryness, dampness, humidity, or pay for loss caused by any mechanical, changes in or extremes of temperature structural, or electrical breakdown or results in a covered peril, "we" do cover malfunction including a breakdown or the loss or damage caused by that cov- malfunction resulting from a structural, ered peril. mechanical, or reconditioning process. h. Voluntary Parting -- "We" do not pay for But if a mechanical, structural, or electri- _ loss caused by or resulting from cat breakdown or malfunction results in a voluntary parting with title to or posses- covered peril, "we" do cover the loss or sion of any property because of any damage caused by that covered peril. fraudulent scheme, trick, or false pre- tense. s IM 7000 04 04 Copyright,American Association of Insurance Services,Inc.,2004 AAIS IM 7000 04 04 Page 8 of 13 _ i. Wear And Tear -- "We" do not pay for a. the time, place, and circumstances of the loss caused by wear and tear, marring, or loss; scratching. b. other policies of insurance that may cover But if wear and tear, marring, or scratch- the loss; ing results in a covered peril, "we" do c. "your' Interest and the Interests of all _ cover the loss or damage caused by that � covered peril. others in the property involved, including all mortgages and liens; d. changes in title of the covered property e WHAT MUST BE DONE during the policy period; and IN CASE OF LOSS e. estimates, specifications, inventories, o f� and other reasonable information that 'We" may require to settle the loss. 1. Notice -- In case of a loss, "you" must: 4. Examination — "You" must submit to exami- a. give "us" or "our" agent prompt notice nation under oath in matters connected with & including a description of the property in- the loss as often as "we" reasonably request s E volved ("we" may request written no- and give "us" sworn statements of the an- �a tice); and swers. If more than one person is examined, b. give notice to the police when the act that "we" have the right to examine and receive causes the loss is a crime. statements separately and not in the presence of others. 2. You Must Protect Property — "You" must take all reasonable steps to protect covered 5. Records — "You" must produce records, in- property tax returns and bank microfilms of all property at and after an insured loss to avoid further loss. canceled checks relating to value, loss, and a. Payment of Reasonable Costs --"VVe" do expense and permit copies and extracts to be made of them as often as we reasonably pay the reasonable costs incurred by request. you for necessary repairs or emergen- cy measures performed solely to protect 6. Damaged Property -- "You" must exhibit the covered property from further damage by damaged and undamaged property as often a peril insured against if a peril insured as"we" reasonably request and allow "us" to against has already caused a loss to cov- inspect or take samples of the property. ered property. "You" must keep an accu- 7. Volunteer Payments — "You" must not, ex- rate record of such costs. "Our' payment cept at "your' own expense, voluntarily make of reasonable costs does not increase the any payments, assume any obligations, pay "limit". or offer any rewards, or incur any other ex- b. We Do Not Pay -- "We" do not pay for penses except as respects protecting property a such repairs or emergency measures per- from further damage. formed on property which has not been S. Abandonment -- "You" may not abandon the damaged by a peril insured against. property to "us" without "our' written con- 3. Proof Of Loss--"You" must send "us", within sent. 60 days after "our' request, a signed, sworn 9. Cooperation -- "You" must cooperate with proof of loss. This must include the following "us" in performing all acts required by this information: policy. IM 7000 04 04 Copyright,American Association of Insurance Services,Inc.,2004 AAIS IM 7000 04 04 Page 9 of 13 VALUATION HOW MUCH WE PAY 1. Actual Cash Value -- The value of covered 1. Insurable Interest -- "We" do not cover more property will be based on the actual cash val- than "your' insurable interest in any proper- ue at the time of the loss (with a deduction for ty. depreciation) unless replacement cost is in- 2. Flat Deductible — "We" pay only that part of dicated on the "schedule of coverages". "your" loss over the deductible amount indi- 2. Replacement Cost -- The value of covered cated on the "schedule of coverages" in any property will be based on the replacement one occurrence unless Percentage Deductible cost without any deduction for depreciation is indicated on the "schedule of coverages". unless Actual Cash Value is indicated on the 3. Percentage Deductible -- When a percentage "schedule of coverages". deductible is indicated on the "schedule of a. Replacement Cost Limitation -- The re- coverages", "we" pay only that part of"your" placement cost is limited to the cost of loss over the deductible amount as deter- repair or replacement with similar materi- mined below. als and used for the same purpose. The a. Determining The Deductible Amount -- payment will not exceed the amount The deductible amount is determined by "you" spend to repair or replace the applying the percentage indicated on the damaged or destroyed property. "schedule of coverages" to the value of b. Replacement Cost Does Not Apply Until the covered property that is Involved in Repair Or Replacement — Replacement the loss. The value is determined by the cost valuation does not apply until the provisions described under the Valuation damaged or destroyed property is re- section of this policy. paired or replaced. b. Two Or More Items — If a loss involves c. Time Limitation -- "You" may make a two or more pieces of equipment, the claim for actual cash value before repair percentage indicated on the "schedule of or replacement takes place, and later for coverages" will apply only to the covered the replacement cost if "you" notify "us" property with the highest value. of"your' intent within 180 days after the c. Minimum and Maximum Deductible -- loss. The percentage deductible will not ex- 3. Pair Or Set -- The value of a lost or damaged ceed the Maximum Deductible amount article which is part of a pair or set is based and will not be less than the Minimum on a reasonable proportion of the value of the Deductible amount indicated on the entire pair or set. The loss is not considered a "schedule of coverages". total loss of the pair or set. 4. Loss Settlement Terms -- Subject to para- 4. Loss To Parts — The value of a lost or graphs 1., 2., 3., S., S., and 7. under How Much s damaged part of an item that consists of sev- We Pay, "we" pay the lesser of: eral parts when it is complete is based on the a. the amount determined under Valu- value of only the lost or damaged part or the ation; cost to repair or replace it. IM 7000 04 04 Copyright,American Association of Insurance Services,Inc.,2004 AAIS IM 7000 04 04 Page 10 of 13 b, the cost to repair, replace, or rebuild e. When Coinsurance Does Not Apply -- the property with material of like kind Conditions for coinsurance do not apply and quality to the extent practicable; unless a coinsurance percentage is indi- or cated on the "schedule of coverages". c. the "limit" that applies to the cov- 6. Insurance Under More Than One Coverage -- �— ered property. However, the most If more than one coverage of this policy in- we" pay for loss in any one occur- sures the same loss, "we" pay no more than rence is the Catastrophe Limit indi- the actual claim, loss, or damage sustained. a cated on the "schedule of cover- 7. Insurance Under More Than One Policy -- ages". a. Proportional Share -- "You" may have i� 5. Coinsurance -- another policy subject to the same a. When Coinsurance Applies -- "We" only "terms" as this policy. If"you" do, "we" pay a part of the loss If the "limit" is less will pay "our" share of the covered loss, than the percentage of the value of the "Our" share is the proportion that the ap- covered property that is indicated on the plicable "limit" under this policy bears to s "schedule of coverages". the "limit" of all policies covering on the + b. How We Determine Our Part Of The Loss same basis. -- "Our" part of the loss is determined b. Excess Amount -- If there is another poli- using the following steps: cy covering the same loss, other than that 1) multiply the percent indicated on the described above, "we" pay only for the "schedule of coverages" by the value amount of covered loss in excess of the of the covered property at the time of amount due from that other policy, whether "you" can collect on it or not. loss; But "we" do not pay more than the ap- t) divide the "limit" for covered prop- erty by the result determined in b.1) above; 3) multiply the total amount of loss, LOSS PAYMENT after the application of any deduct- ible, by the result determined in b.2) above. 1. Loss Payment Options -- The most "we" pay is the amount deter- a. Our Options -- In the event of loss cov- mined in b.3) above or the "limit", which- ered by this coverage form, "we" have ever is less. "We" do not pay any remain- the following options: ing part of the loss. 1) pay the value of the lost or damaged c. If There Is More Than One Limit — If there property; is more than one "limit" indicated on the 2) pay the cost of repairing or replacing "schedule of coverages" for this cover- the lost or damaged property; age part, this procedure applies separate- ly to each "limit". d. If There Is Only One Limit -- If there is only one "limit" indicated on the "sched- ule of coverages" for this coverage, this procedure applies to the total of all cov- ered property to which the "limit" ap- plies. IM 7000 04 04 Copyright,American Association of Insurance Services,Inc.,2004 AAIS IM 7000 04 04 Pape 11 of 13 3) rebuild, repair, or replace the prop- erty with other property of equivalent REPORTING CONDITIONS kind and quality, to the extent prac- ticable, within a reasonable time; or 4) take all or any part of the property at Equipment Leased Or Rented From Others -- If the agreed or appraised value, indicated on the "schedule of coverages", the fol- b. Notice Of Our Intent To Rebuild, Repair, lowing reporting conditions apply. Or Replace -- "We" must give "you" no- 1. Reports -- tice of "our" intent to rebuild, repair, or a. You Will Report To Us -- Within 30 days replace within 30 days after receipt of a after the end of the policy period, "you" duly executed proof of loss. will report to "us" the total amount of 2. Your Losses-- "your" expenditures for "contractors' a. Adjustment And Payment Of Loss -- equipment" that "you" lease or rent from "We" adjust all losses with "you". Pay- others. ment will be made to "you" unless an- b. Cancellation -- If this policy is canceled, other loss payee is named in the policy. "you" will report the total amount of ex- b. Conditions For Payment Of Loss—An in- penditures up to and including the date of cancellation. sured loss will be payable 30 days after: 2. Premium Computation And Adjustment -- 1) a satisfactory proof of loss is received, and a. The premium will be adjusted at the end 2) the amount of the loss has been es- of the policy period. The total computed tablished either by written agree- premium will be determined by multiply- the filing of an ing your total equipment expenditures ment with "you" or appraisal award with the by the reporting rate indicated on the schedule of coverages for Equipment 3. Property Of Others -- Leased or Rented From Others. a. Adjustment And Payment of Loss To b. "We" will compare the total computed Property of Others — Losses to property premium to the deposit premium. If it is of others may be adjusted with and paid more than the deposit premium, "you" to.. will pay "us" the difference. If it is less 1) "you" on behalf of the owner; or than the deposit premium, "we" will pay 2) the owner. you the difference subject to the mini- mum premium indicated on the "sched- b. We Do Not Have To Pay You If We Pay ule of coverages". The Owner — If "we" pay the owner, 3. Provisions That Affect How Much We Pay -- "we" do not have to pay "you". "We" The following provisions apply to reports that may also choose to defend any suits are submitted and may affect How Much We brought by the owners at"our" expense. Pay: a. Failure To Submit Reports -- If "you" have failed to submit the required reports or no report has been submitted, the most "we" will pay is 90% of the "limit". IM 7000 04 04 Copyright,American Association of Insurance Services,Inc.,2004 AAIS IM 7000 04 04 Page 12 of 13 b. Reported Values Are Less Than The Full The appraisers will also determine the value Value -- If "your" last report before a loss of covered property items at the time of the shows less than the actual value of loss, if requested. "your" expenditures for "contractors' If the appraisers submit a written report of equipment" that "you" lease or rent from any agreement to "us", the amount agreed others, "we" will only pay a part of the upon will be the amount of the loss. If the loss. "We" will not pay a greater portion � appraisers fail to agree within a reasonable of the loss, prior to the application of the � time, they will submit only their differences to deductible, than the total expenditures "you" reported divided by "your" actual the umpire. Written agreement so itemized expenditures for "contractors' equip- and signed by any two of these three, sets the amount of the loss. ment" that "you" lease or rent from oth- ers during the reporting period. Each appraiser will be paid by the party se- lecting that appraiser. Other expenses of the c. We Will Not Pay More Than The Limit — appraisal and the compensation of the umpire "We" will not pay more than the applica- will be paid equally by "you" and "us". s" ble "limit" regardless of any reported val- s 555M ue used in computing the premium. 2. Benefit to Others -- Insurance under this cov- erage will not directly or indirectly benefit anyone having custody of "your" property. OTHER CONDITIONS 3. Conformity With Statute -- When a condition of this coverage is in conflict with an applica- ble law, that condition is amended to conform 1. Appraisal -- If "you" and "we" do not agree to that law. on the amount of the loss or the value of cov- 4. Estates — This provision applies only if the ered property, either party may demand that these amounts be determined by appraisal. insured is an individual. If either makes a written demand for apprais- a. Your Death --On "your" death, "we" cov- al, each will select a competent, independent er the following as an insured: appraiser and notify the other of the apprais- 1) the person who has custody of er's identity within 20 days of receipt of the "your" property until a legal repre- written demand. The two appraisers will then sentative is qualified and appointed; select a competent, impartial umpire. If the or two appraisers are unable to agree upon an 2) "your" legal representative. umpire within 15 days, "you" or"we" can ask a judge of a court of record in the state where This person or organization is an insured only with respect to property covered by the property is located to select an umpire. this coverage. The appraisers will then determine and state separately the amount of each loss. b. Policy Period Is Not Extended --This cov- erage does not extend past the policy pe- riod indicated on the declarations. IM 7000 04 04 Copyright,American Association of Insurance Services,Inc.,2004 AAIS IM 7000 04 04 Page 13 of 13 5. Misrepresentation, Concealment, Or Fraud — 8. Restoration Of Llmits — A loss "we" pay un- This coverage is void as to "you" and any oth- der this coverage does not reduce the applica- er insured if, before or after a loss: ble "limit" unless it is a total loss to a sched- a. "you" or any other insured have willfully uled item. In the event of a total loss to a concealed or misrepresented: scheduled item, "we" refund the unearned 1) a material fact or circumstance that premium on that item. relates to this insurance or the sub- g. Subrogation — If "we" pay for a loss, "we" ject thereof; or may require "you" to assign to "us" "your' 2) "your interest herein. right of recovery against others. "You" must do all that is necessary to secure "our" rights. b. there has been fraud or false swearing by "We" do not pay for a loss if"you" impair this "you" or any other insured with regard to right to recover. a matter that relates to this insurance or "You" may waive "your" right to recover the subject thereof, from others in writing before a loss occurs. 6. Policy Period — "We" pay for a covered loss 10. Suit Against Us -- No one may bring a legal that occurs during the policy period. action against "us" under this coverage un- 7. Recoveries -- If "we" pay "you" for the loss less: and lost or damaged property is recovered, or a. all of the "terms" of this coverage have payment is made by those responsible for the been complied with; and loss, the following provisions apply: b. the suit has been brought within two a. "you" must notify "us" promptly if "you" recover property or receive payment; years after you' first have knowledge of the loss. b. "we" must notify "you" promptly if"we" If any applicable law makes this limita- recover property or receive payment; bon invalid, then suit must begin within c. any recovery expenses incurred by either the shortest period permitted by law. are reimbursed first; 11. Territorial Limits -- "We" cover property d. "you" may keep the recovered property while it is in the United States of America, its but "you" must refund to "us" the territories and possessions, Canada, and amount of the claim paid or any lesser Puerto Rico. amount to which "we" agree; and e. if the claim paid is less than the agreed loss due to a deductible or other limiting "terms" of this policy, any recovery will be pro rated between "you" and "us" based on "our" respective interest in the loss. N IM 7000 04 04 Copyright,American Association of Insurance Services,Inc.,2004 AAIS IM 7902 05 04 Page 1 of 1 LOSS PAYABLE SCHEDULE (The entries required to complete this schedule will be shown below or on the "schedule of coverages".) SCHEDULE Location Number s � 1 n Described Premises 26425 142nd Ave E Covered Property S LEASED EQUIPMENT Name and Address of Loss Payee VERMEER NORTHWEST PO BOX 45213 TACOMA WA 98445 0 IM 7902 05 04 Copyright,American Association of Insurance Services,Inc.,2DD4 AAIS lM 7902 05 04 Page 1 of 1 LOSS PAYABLE SCHEDULE (The entries required to complete this schedule will be shown below or on the "schedule of coverages".) SCHEDULE Location Number 1 Described Premises 26425 142nd Ave E Covered Property 2006 VERMEER BRUSH CHIPPER MDL# BC140OXC Name and Address of Loss Payee GE CAPITAL PC BOX 143489 IRVING TX 75014-3489 a IM 7902 05 04 Copyright,American Association of Insurance Services,Inc.,2004 AAlS IM 7902 05 04 Page 1 of 1 LOSS PAYABLE SCHEDULE (The entries required to complete this schedule will be shown below or on the "schedule of coverages".) 0250 SCHEDULE Location Number 1 Described Premises &Nam== 26425 142nd Ave E Covered Property LEASED/RENTED EQUIPMENT 8 ism Name and Address of Loss Payee WESTERN PETERBILT, INC. PO BOX 11390 SHAWNEE MISSION KS 66207-1090 b IM 7902 05 04 Copyright,American Association of Insurance Services,Inc.,2004 AAIS IM 7902 06 04 pane 1 of 1 LOSS PAYABLE SCHEDULE (The entries required to complete this schedule will be shown below or on the "schedule of coverages".) SCHEDULE Location Number 1 Described Premises 26425 142nd Ave E _Covered Property 2006 VERMEER BRUSH CHIPPERMDL BC140OXC Name and Address of Loss Payee TEREX UTILITIES PO BOX 23009 PORTLAND OR 97281-3009 a IM 7902 05 04 Copyright,American Association of Insurance Services,Inc.,2004 10kUberty M lit 11. INSURANCE Policyholder Information Named Insured&Mailing Address Agent Malling Address& Phone No. GI,ENN THOMSON & BILL FEALY DBA: (877) 861-4595 KNO'F1'YTREE SERVICE BELL ANDERSON AGENCY INC PO BOX 473 600 SW 39TH ST S11" 200 SOUTH PRAIRIE., WA 98385 RENTON, WA 98057-4919 Dear Policyholder: We know you work hard to build your business. We work together with your agent, HILL ANDERSON AGENCY INC (877) 861-4595 to help protect the things you care about, Thank you for selecting LIS, Enclosed are your insurance documents consisting of. Commercial Umbrella To find your limits of insurance and premium please: refer to your Declarations page(s)„ Please refer to your policy for specific coverages. If you have any questions or changes that may affect Your insurance needs, please contact your Agent at (877) 861-4595 Verify that all information is correct If you have any changes, please contact your Agent at (877) 861-4595 Reminders In case of a claim, call your Agent or 1-800-362-0000 ............... ............. You Need To Know CONTINUED ON NEXT PAGE To report a claim, call your Agent or 1-800-362-0000 DS 70 20 01 08 You Need To Know - continued . NOTICE(S)TO POLICYHOLDER(S) The Important Notice(s) to Policyholder(s) provide a general explanation of changes in coverage to your policy. The Important Notice(s) to Policyholder(s) is not a part of your insurance policy and it does not alter policy provisions or conditions. Only the provisions of your policy determine the scope of your insurance protection. It is important that you read your policy carefully to determine your rights, duties and what is and is not covered. FORM NUMBER TITLE NP 73 12 01 15 Terrorism Insurance Premium Notice And Opportunity To Reject NP 75 65 05 09 Important Notice To Policyholder - Recording and Distribution Of Material Or Information In Violation Of Law Exclusion NP 89 71 09 10 Important Policyholder Information Concerning Billing Practices Liberty Northwest NP 93 58 07 14 Notice to Policyholders Commercial Umbrella Multistate Forms Revisions NP 99 99 02 16 Important Notice to Policyholders Amendment of Aircraft Exclusion This policy will be direct billed. You may choose to combine any number of policies on one bill with your billing account. Please contact your agent for more information. N 11/15/2016 GLENN THOMSON & BILL FEALY DBA: USO (17) 57 01 17 57 KNOTTY TREE SERVICE From 12/29/2016 To 12/29/2017 PO BOX 473 SOUTH PRAIRIE, WA 98385 sr� (877) 861-4595 BELL ANDERSON AGENCY INC 600 SW 39TH ST STE 200 „ RENTON, WA 98057-4919 TERRORISM INSURANCE PREMIUM DISCLOSURE AND OPPORTUNITY TO REJECT This notice contains important information about the Terrorism Risk Insurance Act and its effect on your S ® policy. Please read it carefully. ® THE TERRORISM RISK INSURANCE ACT The Terrorism Risk Insurance Act, including all amendments ("TRIA" or the "Act"), establishes a program to spread the risk of catastrophic losses from certain acts of terrorism between insurers and the federal government. If an individual insurer's losses from certified acts of terrorism exceed a specified deductible amount, the government will reimburse the insurer for a percentage of losses (the "Federal Share") paid in excess of the deductible, but only if aggregate industry losses from such acts exceed the "Program Trig- ger". An insurer that has met its insurer deductible is not liable for any portion of losses in excess of $100 billion per year. Similarly, the federal government is not liable for any losses covered by the Act that exceed this amount. If aggregate insured losses exceed $100 billion, losses up to that amount may be pro-rated, as determined by the Secretary of the Treasury. The Federal Share and Program Trigger by calendar year are: Calendar Year Federal Share Program Trigger 2015 85% $100,000,000 2016 84% $120,000,000 2017 83% $140,000,000 2018 82% $160,000,000 2019 81% $180,000,000 2020 80% $200,000,000 MANDATORY OFFER OF COVERAGE FOR "CERTIFIED ACTS OF TERRORISM" AND DISCLOSURE OF PRE- MIUM TRIA requires insurers to make coverage available for any loss that occurs within the United States (or outside of the U.S. in the case of U.S. missions and certain air carriers and vessels), results from a"certified act of terrorism" AND that is otherwise covered under your policy. A"certified act of terrorism" means: [A1ny act that is certified by the Secretary [of the Treasury 1, in consultation with the Secretary of Homeland Security, and the Attorney General of the United States. (i) to be an act of terrorism; NP 73 12 01 15 0 2015 Liberty Mutual Insurance Page 1 of 2 (ii) to be a violent act or an act that is dangerous to (1) human life; (II) property; or (III) infrastructure; (iii) to have resulted in damage within the United States, or outside of the United States in the case of (1) an air carrier (as defined in section 40102 of title 49, United States Code) or United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States); or (II) the premises of a United States mission; and (iv) to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. REJECTING TERRORISM INSURANCE COVERAGE-WHAT YOU MUST DO We have included in your policy coverage for losses resulting from "certified acts of terrorism" as defined above. THE PREMIUM CHARGE FOR THIS COVERAGE APPEARS ON THE DECLARATIONS PAGE OF THE POLICY AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOV- ERNMENT UNDER THE ACT. If we are providing you with a quote, the premium charge will also appear on your quote as a separate line item charge. IF YOU CHOOSE TO REJECT THIS COVERAGE, PLEASE CHECK THE BOX BELOW, SIGN THE ACKNOWL- EDGEMENT, AND RETURN THIS FORM TO THE ADDRESS BELOW: Please ensure any rejection is received within (301 days of the effective date of your Policy. Before making a decision to reject terrorism insurance, refer to the Underlying Coverage Requirement located at the end of this Notice. ❑ I hereby reject this offer of coverage. I understand that by rejecting this offer, I will have no coverage for losses arising from a"certified acts of terrorism" and my policy will be endorsed accordingly. Policyholder/Applicant's Signature Print Name Date Signed Named Insured Policy Number GLENN THOMSON & BILL FEALY DBA: USO (17) 57 01 17 57 KNOTTY TREE SERVICE Policy Effective/Expiration Date From 12/29/2016 To 12/29/2017 UNDERLYING COVERAGE REQUIREMENT This policy will apply to Terrorism Coverage only in excess of the total amounts stated as the applicable limits of the underlying policies listed in the Schedule of Underlying Insurance and the applicable limits of any other insurance providing coverage to you during the Policy Period. If you fail to comply with this Underlying Coverage Requirement and you do not maintain your underlying limits as scheduled, we will only be liable to the same extent that we would have been had you fully complied with this requirement. IF YOU REJECTED THIS COVERAGE, PLEASE RETURN THIS FORM TO: Attn: Commercial Lines Division -Terrorism P.O.Box 66400 London, KY 40742-6400 The summary of the Act and the coverage under your policy contained in this notice is necessarily general in nature. Your policy contains specific terms, definitions, exclusions and conditions. In case of any conflict, your policy language will control the resolution of all coverages questions. Please read your policy carefully. If you have any questions regarding this notice, please contact your agent. NP 73 12 011 15 0 2015 Liberty Mutual Insurance Page 2 of 2 NP 75 65 05 09 IMPORTANT NOTICE TO POLICYHOLDER RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION This Notice explains changes in your Commercial Umbrella or Excess Liability Coverage. It contains a brief —^ summary of significant revisions and must be reviewed in conjunction with your previous and renewal policies to reference the endorsements described herein. 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. Your policy is being renewed with one of the following: a ;r a The Exclusion - Recording And Distribution Of Material Or Information In Violation Of Law endorse- ment CU 64 79 05 09 which modifies the Commercial Umbrella Coverage Form; or • The Alaska Exclusion - Recording And Distribution Of Material Or Information In Violation Of Law endorsement CU 88 08 05 09 which modifies the Commercial Umbrella Coverage Form; or o The Exclusion - Recording And Distribution Of Material Or Information In Violation Of Law endorse- ment CE 66 54 05 09 which modifies the Excess Liability Coverage Form; or • Alaska Exclusion - Recording And Distribution Of Material Or Information In Violation Of Law endorse- ment CE 88 09 05 09 which modifies the Excess Liability Coverage Form. The endorsement replaces the current "Exclusion -Electronic Distribution Of Unsolicited Material" endorse- ment with a revised exclusion, newly titled "Exclusion - Recording And Distribution Of Material Or Information In Violation Of Law" endorsement. 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 informa- tion. ® 2010 Liberty Mutual Insurance Company.All rights reserved. NP 75 65 05 09 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 NP 89 71 09 10 IMPORTANT POLICYHOLDER INFORMATION CONCERNING BILLING PRACTICES Dear Valued Policyholder: This insert provides you with important information about our policy billing practices that may affect you. Please review it carefully and contact your agent if you have any questions. Premium Notice: We will mail you a policy Premium Notice separately. The Premium Notice will provide you with specifics regarding your agent, the account and policy billed, the billing company, payment plan, policy number, transaction dates, description of transactions, charges/credits, policy amount balance, mini- mum amount, and payment due date. This insert explains fees that may apply to and be shown on your Premium Notice. Available Premium Payment Plans: • Annual Payment Plan: When this plan applies, you have elected to pay the entire premium amount balance shown on your Premium Notice in full. No installment billing fee applies when the Annual Payment Plan applies. • Installment Payment Plan: When this plan applies, you have elected to pay your policy premium in installments (e.g.: quarterly or monthly installments - Installment Payment Plans vary by state). As noted below, an installment fee may apply when the Installment Payment Plan applies. The Premium Payment Plan that applies to your policy is shown on the top of your Premium Notice. Please contact your agent if you want to change your Payment Plan election. Installment Payment Plan Fee: If you elected to pay your premiums in installments using the Installment Premium Payment Plan, an installment billing fee applies to each installment bill. The installment billing charge will not apply, however, if you pay the entire balance due when you receive the bill for the first installment. Because the amount of the installment charge varies from state to state, please consult your Premium Notice for the actual fee that applies. Dishonored Payment Fee: Your financial institution may refuse to honor the premium payment withdrawal request you submit to us due to insufficient funds in your account or for some other reason. If that is the case, and your premium payment withdrawal request is returned to us dishonored, a payment return fee will apply. Because the amount of the return fee varies from state to state, please consult your Premium Notice for the actual fee that applies. Late Payment Fee: If we do not receive the minimum amount due on or before the date or time the payment is due, as indicated on your Premium Notice, you will receive a policy cancellation notice effective at a future date that will also reflect a late payment fee charge. Issuance of the cancellation notice due to c non-payment of a scheduled installment(s) may result in the billing and collection of all or part of any outstanding premiums due for the policy period. Late Payment Fees vary from state to state and are not applicable in some states. Special Note: Please note that some states do not permit the charging of certain fees. Therefore, if your state does not allow the charging of an Installment Payment Plan, Dishonored Payment or Late Payment Fee,the disallowed fee will not be charged and will not be included on your Premium Notice. EFT-Automatic Withdrawals Payment Option: When you select this option, you will not be sent Premium Notices and, in most cases, will not be charged installment fees. For more information on our EFT-Auto- matic Withdrawals payment option, refer to the attached policyholder plan notice and enrollment sheet. Once again, please contact your agent if you have any questions about the above billing practice informa- tion. Thank you for selecting us to service your Insurance needs. NIP 89 71 09 10 m 2010 Liberty Mutual Insurance Company.All rights reserved. Page 1 of 1 NP 93 58 07 14 IMPORTANT NOTICE TO POLICYHOLDERS COMMERCIAL UMBRELLA MULTISTATE FORMS REVISIONS Dear Valued Policyholder, Thank you for selecting us as your carrier for your commercial umbrella insurance. This notice contains a brief summary of the coverage changes made to your policy. These changes primarily result from revisions in underlying policy forms. The changes outlined below are organized into three general categories: Professional Services Exclusions; ��.. Auto, Aircraft and Watercraft Exclusions; and Other Changes. Please note that not all of the endorsements noted may apply to your specific policy. In addition, this notice does not reference every editorial change "= made to the endorsement or coverage form, only material (or significant) coverage changes. Please read your policy and review your Declarations page for complete coverage information. No coverage is provided by this notice, nor can it be construed to replace any provisions of your policy. If there are e� discrepancies between your policy and this notice, the provisions of the policy shall prevail. s� i Should you have questions after reviewing the changes outlined below, please contact your independent agent. Thank you for your business. i� SUMMARY OF POLICY CHANGES PROFESSIONAL SERVICES EXCLUSIONS The following endorsements are revised to expressly address, in part, claims alleging negligence or other wrongdoing in the hiring, employment, training, supervision or monitoring of others by any insured: • CU 60 29 07 14 Professional Liability -Following Form • CU 60 60 07 14 Telecommunication Equipment Or Service Providers Errors And Omissions Exclu- sion • CU 60 68 07 14 Medical Professional Services Exclusion • CU 60 69 07 14 Medical Professional Services -Following Form • CU 60 77 07 14 Texas -Insurance Company As Named Insured • CU 60 81 07 14 Specified Professional Liability Exclusion • CU 60 83 07 14 Louisiana -Schools Or Colleges Limitation • CU 61 16 07 14 Engineers, Architects Or Surveyors Professional Liability Exclusion • CU 61 16 07 14 Exclusion Of Insurance Agents' And Brokers' Errors And Omissions • CU 61 19 07 14 Insurance Company As Named Insured Limitation • CU 61136 07 14 Professional Liability Exclusion • CU 61 37 07 14 Real Estate Agents And Brokers Errors And Omissions Exclusion And Limitation • CU 6139 07 14 Schools Or Colleges Limitation (Athletics Exclusion) • CU 63 16 07 14 Professional Liability -Law Enforcement Exclusion • CU 63 16 07 14 Professional Liability - Emergency Medical Technicians, Ambulance Drivers And Attendants Exclusion • CU 63 18 07 14 Schools Or Colleges Limitation (Athletics -Follow Form) • CU 63 97 07 14 Illinois -Insurance Company As Named Insured • CU 64 67 07 14 Exclusion - Internet Service Providers And Internet Access Providers Errors And Omissions • CU 64 70 07 14 Professional Liability Exclusion - Electronic Data Processing Services And Com- puter Consulting Or Programming Services • CU 64 7107 14 Professional Liability Exclusion -Web-Site Designers ® 2014 Liberty Mutual Insurance.All rights reserved. NP 93 58 07 14 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 11 • CU 88 04 07 14 Professional Services Exclusion • CU 88 06 07 14 Professional Services -Following Form • CU 89 13 07 14 Specified Health Or Cosmetic Services -Following Form • CU 89 17 07 14 Exclusion Diagnostic Testing Laboratories • CU 89 18 07 14 Exclusion -Testing Or Consulting Errors And Omissions Editorial changes are also made throughout to achieve consistency among forms and improve readability. AUTO, AIRCRAFT AND WATERCRAFT EXCLUSIONS The following endorsements are revised to expressly address, in part, claims alleging negligence or other wrongdoing in the hiring, employment, training, supervision or monitoring of others by any insured: • CU 60 45 01 13 Watercraft Liability -Following Form • CU 61 0101 13 Aircraft Liability Exclusion • CU 6106 07 14 Auto Dealers And Auto Services Limitation • CU 6106 01 13 Auto Liability -Following Form • CU 6107 01 13 Automobile Liability Exclusion • CU 6147 01 13 Watercraft Liability Exclusion • CU 63 91 01 13 Aircraft Liability -Following Form • CU 64 92 01 13 Mobile Equipment -Following Form Editorial changes are also made throughout to improve readability and achieve consistency among forms. OTHER CHANGES • if your renewal policy contains one of the following endorsements: • CU 60 45 01 13 Watercraft Liability - Following Form and your prior policy contained endorse- ment CU 60 45 06 97 Watercraft Liability -Following Form • CU 6147 01 13 Watercraft Liability Exclusion and your prior policy contained endorsement CU 6147 06 97 Watercraft Liability Exclusion then the following change applies to your policy. CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES In addition to the change described in the Auto, Aircraft and Watercraft section of this notice, the endorsement is revised to expressly state that the exclusion applies to any liability arising out of the entrustment to others of any watercraft. • if your renewal policy contains endorsement CU 60 64 07 98 Exclusion - All Hazards In Connection With Designated Premises and your prior policy contained endorsement CU 60 54 06 97 Exclusion Of Coverage For Specified Locations then the following changes apply to your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The endorsement is: • Newly titled, "Exclusion -All Hazards In Connection With Designated Premises'; and • Revised to reinforce that the exclusion applies to any liability arising out of: • The ownership, maintenance or use of the premises shown in the Schedule or any property located on these premises; • Operations oh those premises or elsewhere which are necessary or incidental to the ownership, maintenance or use of those premises; or ® 2014 Liberty Mutual Insurance.All rights reserved. NP 93 58 07 14 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 11 • Goods or products manufactured at or distributed from those premises. Editorial changes are also made throughout to improve readability and achieve consistency among forms. • If your renewal policy contains endorsement CU 60 64 07 14 Contractors Limitation Endorsement - Wrap-Ups and your prior policy contained CU 60 64 06 97 Contractors Limitation Endorsement - Wrap-Ups then the following changes apply to your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The endorsement is revised as follows: >� • New defined terms, "explosion hazard":, "collapse hazard': and "underground prop- erty damage hazard", are added to achieve consistency with underlying exclusionary r language. • The professional services exclusion is revised to: • Exclude liability arising out of the rendering of professional services with respect to providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; or providing engineer- ing, architectural or surveying services in connection with construction work s you perform. s • Expressly address claims alleging negligence or other wrongdoing in the hir- ing, employment, training, supervision or monitoring of others by any in- sured. • Add an exception for construction means, methods, techniques, sequences and procedures employed by the named insured in connection with your operations as a construction contractor. Editorial changes are also made throughout to Improve readability and achieve consistency among forms. • If your renewal policy contains endorsement CU 60 77 07 14 Texas - Insurance Company As Named Insured and your prior policy contained CU 60 77 06 97 Texas - Insurance Company As Named Insured then the following changes apply to your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES In addition to the change described in the Professional Services Exclusion section of this notice, the endorsement is revised as follows: • The claims handling exclusion Is amended to specifically reference treaties of insur- ance and self-insurance. It is also revised to expressly apply to the investigaticn of any claims. • The professional services exclusion is revised to expressly address: • Inspection or making recommendations as an insurance or reinsurance com- pany, consultant, agent, intermediary or broker. • Maintaining accounts or records of others. • Conducting investment, loan, or real estate departments or operations. • Acting in any capacity as a fiduciary or trustee for annuities, endowments or employee benefits plans. • Performing any claim, investigative, adjustment, engineering, inspection, consulting, survey, audit, appraisal, actuarial or data processing service for a fee. ® 2014 Liberty Mutual Insurance.All rights reserved. NP 93 58 07 14 Includes copyrighted material of Insurance Services office,Inc.,with its permission. Page 3 of 11 • If your renewal policy contains endorsement CU 61 05 07 14 Auto Dealers And Auto Services Limita- tion and your prior policy contained CU 61 05 05 09 Auto Dealers And Auto Services Limitation then the following change applies to your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES In addition to the change described in the Auto, Aircraft and Watercraft section of this notice, the endorsement is revised to expressly state that the exclusion applies to any liability arising out of the entrustment to others of any auto you lease or rent to others or an auto In any non-business activity. • If your renewal policy contains one of the following endorsements: • CU 61 06 01 13 Auto Liability -Following Form and your prior policy contained CU 6106 06 97 Auto Liability -Following Form • CU 61 07 01 13 Auto Liability Exclusion and your prior policy contained CU 61 07 06 97 Auto Liability Exclusion then the following change applies to your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES In addition to the change described in the Auto, Aircraft and Watercraft section of this notice, the endorsement is revised to expressly state that the exclusion applies to any liability arising out of the entrustment to others of any auto. The defined term "auto" is revised to mean auto as it is defined in the scheduled underlying insurance. • If your renewal policy contains endorsement CU 61 19 07 14 Insurance Company As Named Insured Limitation and your prior policy contained CU 61 19 06 97 Insurance Company As Named Insured then the following changes apply to your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES In addition to the change described in the Professional Services Exclusion section of this notice, the endorsement is revised as follows: • The claims handling exclusion is amended to specifically reference treaties of insur- ance and self- insurance. It is also revised to expressly apply to the investigation of any claims. • The professional services exclusion is revised to expressly address: • Inspection or making recommendations as an insurance or reinsurance com- pany, consultant, agent, intermediary or broker. • Maintaining accounts or records of others. • Conducting investment, loan, or real estate departments or operations. • Acting in any capacity as a fiduciary or trustee for annuities, endowments or employee benefits plans. • Performing any claim, investigative, adjustment, engineering, inspection, consulting, survey, audit, appraisal, actuarial or data processing service for a fee. • If your renewal policy contains endorsement CU 61 25 07 14 Liquor Liability Exclusion and your prior policy contained CU 61 26 05 09 Liquor Liability Exclusion then the following changes apply to your policy: BROADENING OF COVERAGE The endorsement is revised to provide an exception to the exclusion with respect to allowing a person to bring alcoholic beverages onto the named insured's premises for consumption on the named insured's premises, but only to the extent there is scheduled underlying insurance for such liability and for no broader coverage than is provided by that policy. 0 2014 Liberty Mutual Insurance.All rights reserved. NP 93 58 07 14 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 11 CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The endorsement is revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others, or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. • If your renewal policy contains endorsement CU 61 26 07 14 Liquor Liability -Following Form and your prior policy contained CU 61 26 06 97 Liquor Liability - Following Form then the following changes apply to your policy.- CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES 0 The endorsement is revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others, or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. " Editorial changes are also made throughout to improve readability and achieve consistency among forms. • If your renewal policy contains endorsement CU 61 46 07 14 Failure To Supply Exclusion and your prior — — policy contained CU 61 46 06 97 Failure To Supply Exclusion then the following changes apply to your s policy: BROADENING OF COVERAGE An exception is added to the exclusion for failure to supply that results from the sudden and accidental injury to tangible property owned or used by any insured to procure, produce, process or transmit the gas, oil, water, electricity, steam or biofuel, but only to the extent there is scheduled underlying insurance for such failure to supply and for no broader coverage than is provided by that policy, CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The endorsement is revised to expressly state that the exclusion also applies to the failure of any insured to adequately supply biofuel. Editorial changes are made throughout to improve readability and achieve consistency among forms. • If your renewal policy contains endorsement CU 61 50 07 14 Contractors Limitation Endorsement and your prior policy contained CU 61 50 11 06 Contractors Limitation Endorsement then the following changes apply to your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The endorsement is revised as follows: • New defined terms, "explosion hazard":, "collapse hazard": and "underground prop- erty damage hazard", are added to achieve consistency with underlying exclusionary language. • The wrap-up exclusion is revised to: • Specifically reference consolidated insurance programs; and • Reinforce that the exclusion applies whether or not the consolidated (wrap- up) insurance program provides identical coverage, has adequate limits or remains in effect. ® 2014 Liberty Mutual Insurance.All rights reserved. NP 93 68 07 14 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 11 • The professional services exclusion is revised to: • Exclude liability arising out of the rendering of professional services with respect to providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; or providing engineer- ing, architectural or surveying services in connection with construction work you perform. • Expressly address claims alleging negligence or other wrongdoing in the hir- ing, employment, training, supervision or monitoring of others by any in- sured. • Add an exception for construction means, methods, techniques, sequences and procedures employed by the named insured in connection with your operations as a construction contractor. Editorial changes are also made throughout to improve readability and achieve consistency among forms. • if your renewal policy contains endorsement CU 61 55 07 14 Municipalities Limitation Endorsement and your prior policy contained CU 61 55 04 99 Municipalities Endorsement or CU 6149 12 99 Virginia Municipalities Limitation Endorsement then the following changes apply to your policy: BROADENING OF COVERAGE An exception is added to the exclusion for failure to supply that results from the sudden and accidental injury to tangible property owned or used by any insured to procure, produce, process or transmit the gas, oil, water, electricity, steam or biofuel, but only to the extent there is scheduled underlying insurance for such failure to supply and for no broader coverage than is provided by that policy. CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The endorsement is revised as follows: • The professional services exclusion is revised to expressly address claims alleging negligence or other wrongdoing in the hiring, employment, training, supervision or monitoring of others by any insured. • The failure to supply exclusion is revised to expressly state that the exclusion also applies to the failure of any insured to adequately supply biofuel. • New defined terms, "explosion hazard":, 'collapse hazard": and "underground prop- erty damage hazard", are added to achieve consistency with underlying exclusionary language. The endorsement is re-titled to read: "Municipalities Limitation Endorsement". c Editorial changes are also made throughout to improve readability and achieve consistency among forms. • If your renewal policy contains endorsement CU 63 97 07 14 Illinois - Insurance Company As Named L4 Insured and your prior policy contained CU 63 97 11 97 Illinois - Insurance Company As Named Insured then the following changes apply to your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES In addition to the change described in the Professional Services Exclusion section of this notice, the endorsement is revised as follows: • The claims handling exclusion is amended to specifically reference treaties of insur- ance and self- insurance. It is also revised to expressly apply to the investigation of any claims. B 2014 Liberty Mutual Insurance.All rights reserved. NP 93 58 07 14 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 11 • The professional services exclusion is revised to expressly address: • Inspection or making recommendations as an insurance or reinsurance com- pany, consultant, agent, intermediary or broker. • Maintaining accounts or records of others. • Conducting investment, loan, or real estate departments or operations. • Acting in any capacity as a fiduciary or trustee for annuities, endowments or employee benefits plans. • Performing any claim, investigative, adjustment, engineering, inspection, consulting, survey, audit, appraisal, actuarial or data processing service for a fee. • If your renewal policy contains endorsement CU 64 82 07 14 Amendment - Electronic Data and your prior policy contained CU 64 82 11 04 Amendment -Electronic Data then the following changes apply to s your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES An electronic data exclusion is added to further reinforce that coverage is not intended for loss --� of electronic data. An exception to this exclusion is included for damages because of bodily injury, but only to the extent that insurance is provided for such damages by scheduled a underlying insurance and for no broader coverage than is provided by such policy t=a Editorial changes are also made throughout to improve readability and achieve consistency among forms. • If your renewal policy contains endorsement CU 64 92 01 13 Mobile Equipment - Following Form and your prior policy contained CU 64 92 01 07 Mobile Equipment - Following Form then the following changes apply to your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES In addition to the change described in the Auto, Aircraft and Watercraft section of this notice, the endorsement is revised to: • Expressly state that the exclusion applies to any liability arising out of the entrustment to others of any mobile equipment. • Amend the definition of mobile equipment to mean mobile equipment as it defined in the underlying insurance. • if your renewal policy contains endorsement CU 88 23 07 14 Amendment Of Liquor Liability Exclusion - Exception For Scheduled Premises Or Activities and your prior policy contained CU 88 23 05 09 Amendment Of Liquor Liability Exclusion then the following changes apply to your policy: COVERAGE REDUCTION 0 The endorsement is revised to indicate that the liquor liability exclusion will apply if a named insured permits any person to bring any alcoholic beverages on the named insured's premises, for consumption on the named insured's premises. However, an exception to the exclusion is added with respect to allowing a person to bring alcoholic beverages on the premises de- scribed in the Schedule of the endorsement, for consumption on the premises, but only to the extent there is scheduled underlying insurance for such liability and for no broader coverage than is provided by that policy. CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The endorsement is revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others, or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. © 2014 Liberty Mutual Insurance.All rights reserved. NP 93 58 07 14 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 7 of 11 The endorsement is also re-titled to read "Amendment Of Liquor Liability Exclusion -Exception For Scheduled Premises Or Activities". • If your renewal policy contains endorsement CU 88 24 07 14 Amendment Of Liquor Liability Exclusion - Following Form and your prior policy contained CU 88 24 05 09 Amendment Of Liquor Liability - Following Form then the following changes apply to your policy: COVERAGE REDUCTION The endorsement is revised to Indicate that the liquor liability exclusion will apply if a named insured permits any person to bring any alcoholic beverages on the named insured's premises, for consumption on the named insured's premises. CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The endorsement is revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others, or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. • If your renewal policy contains endorsement CU 88 30 07 14 General Amendatory Endorsement and your prior policy contained CU 88 30 05 09 Amendatory Endorsement then the following changes apply to your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES For consistency with the definition of personal and advertising injury, the personal and ad- vertising injury exclusions that apply to: • Material published with knowledge of falsity; and • Material published prior to the policy period are revised to reference "in any manner", with respect to oral or written publication. The endorsement is also re-titled to read "General Amendatory Endorsement". • if your renewal policy contains endorsement CU 88 39 07 14 Amendment Of Definition Of Insured and your prior policy contained CU 88 39 02 10 Amendment Of Definition Of Insured then the following changes apply to your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The endorsement is revised to: • Expressly state that coverage provided to the additional insured applies only to the extent permissible by law. a • Reinforce that the applicable limits of insurance shown in the Declarations are not increased by this endorsement. Editorial changes are also made to improve readability and achieve consistency among forms. • If your renewal policy contains endorsement CU 89 08 01 13 Assumed Products Liability Exclusion and your prior policy did not contain a similar exclusion then the following change applies to your policy: COVERAGE REDUCTION The definition of insured contract is amended to exclude that part of any contract or agreement that indemnifies any person or organization for bodily injury or property damage arising out of good or products sold, handled, distributed or disposed of by the insured. ® 20141-iberty Mutual Insurance.All rights reserved. NP 93 68 07 14 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 8 of 11 • !f your renewal policy contains endorsement CU 39 11 01 13 ProductslCompleted Operations Hazard Redefined and your prior policy did not contain a similar endorsement then the following change applies to your policy. BROADENING OF COVERAGE The products-completed operations hazard is amended to include bodily injury and property damage if the bodily injury or property damage occurs after you have relinquished possess of those products, to the extent that this amended definition applies in a policy listed in the Schedule of Underlying Insurance. • if your renewal policy contains endorsement CU 89 12 01 13 Mexican Auto Coverage Exclusion and your prior policy did not contain a similar exclusion then the following change applies to your policy: COVERAGE REDUCTION An exclusion is added to your policy for any liability arising out of the ownership, maintenance, s" 52�5 operations, use, loading or unloading of any auto in Mexico. SZE= • If your renewal policy contains endorsement CU 89 13 07 14 Specified Health Or Cosmetic Services kii_� - Following Form and your prior policy did not contain a similar exclusion then the following change � applies to your policy: s COVERAGE REDUCTION An exclusion is added to your policy for the rendering of any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement or personal grooming or therapy except to the extent that insurance Is provided by a policy listed in the Schedule of Underlying Insurance. • if your renewal policy contains endorsement CU 89 15 06 12 Amendment of Cancellation Provisions - Scheduled Person or Organization and your prior policy did not contain a similar endorsement then the following changes apply to your policy: BROADENING OF COVERAGE This Cancellation Conditions are amended to provide prior written notice of cancellation to persons or organizations that are shown In the Schedule of the endorsement for reasons other than nonpayment of premium. Our obligation to send notice terminates at the earlier of the current policy period or when the named insured no longer has a legal or contractual obligation to such person or organization to maintain insurance coverage under a policy which requires that such person or organization be notified in the event of cancellation. If your renewal policy contains endorsement CU 89 17 07 14 Exclusion Diagnostic Testing laboratories and your prior policy did not contain a similar exclusion then the following changes apply to your policy: COVERAGE REDUCTION An exclusion is added to your policy for bodily injury, property damage, personal injury, ad- vertising injury, or personal and advertising injury arising out of: • Medical or diagnostic testing, techniques or procedures used for the: • Detection, diagnosis or treatment of any sickness, disease, condition or injury; or • Evaluation of a patient's response to treatment or medication; or • The reporting of or reliance upon the results of such medical or diagnostic testing, tech- niques or procedures as described above. ® 2014 Liberty Mutual Insurance.All rights reserved. N P 93 68 07 14 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 9 of 11 • if your renewal policy contains endorsement CU 89 18 07 14 Exclusion -Testing Or Consulting Errors And Omissions and your prior policy contained CU 89 18 01 13 Exclusion Diagnostic Testing Labora- tories then the following change applies to your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES In addition to the change described in the Professional Services Exclusion section of this notice, the endorsement is re-titled to read "Exclusion - Testing Or Consulting Errors And Omissions". • if your renewal policy contains endorsement CU 89 18 07 14 Exclusion -Testing Or Consulting Errors And Omissions and your prior policy did not contain a similar endorsement then to following changes apply to your policy: COVERAGE REDUCTION An exclusion is added to your policy for bodily injury, property damage, personal injury, ad- vertising injury, or personal and advertising injury arising out of: • An error, omission, defect or deficiency in any test performed or an evaluation, con- sultation or advice given, by or on behalf of any insured. • The reporting of or reliance upon any such test, evaluation, consultation, or advice; or • An error, omission, defect, or deficiency in experimental data or the insured's inter- pretation of that data. • if your renewal policy contains endorsement CU 89 19 01 13 Amendment of Watercraft Exclusion and your prior policy did not contain a similar exclusion then the following changes apply to your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The watercraft exclusion in your Commercial Umbrella Coverage Form is revised to expressly state that it applies: • Even d the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by any insured. • To bodily injury or property damage arising out of the entrustment to others of any watercraft if such watercraft is owned by, or chartered without a crew by or on behalf of, any insured. • if your renewal policy contains endorsement CU 89 20 05 09 Waiver Of Transfer Of Rights Of Recovery Against Others To Us - Designated Person or Organization and your prior policy did not contain a similar exclusion then the following changes apply to your policy: BROADENING OF COVERAGE The Transfer Of Rights Of Recovery Against Others To Us condition in your Commercial Um- brella Coverage Form is revised so that we waive any right of recovery we may have against the entity shown in the Schedule of the endorsement 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. • If your renewal policy contains endorsement CU 89 2101 13 Amendment of Aircraft Exclusion and your prior policy did not contain a similar exclusion then the following changes apply to your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The aircraft exclusion in your Commercial Umbrella Coverage Form is revised to expressly state that it applies: • Even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by any insured. • To bodily injury or property damage arising out of the entrustment to others of any aircraft if such aircraft is owned by, or hired without pilot or crew by or on behalf of, any insured. ® 2014 Liberty Mutual Insurance.All rights reserved. NP 93 58 07 14 Includes copyrighted material of Insurance Services Offioe,Inc.,with its permission. Page 10 of 11 • If your renewal policy contains endorsement CU 89 22 01 13 Exclusion - Designated Products and your prior policy did not contain a similar exclusion then the following change applies to your policy: COVERAGE REDUCTION An exclusion is added to your policy precluding coverage for bodily injury or property damage included in the products- completed operations hazard and arising out of any of your products shown in the Schedule of the endorsement. • if your renewal policy contains endorsement CU 89 23 01 13 Exclusion -Designated Work and your prior policy did not contain a similar exclusion then the following changes apply to your policy., COVERAGE REDUCTION ® An exclusion is added to your policy that precludes coverage for bodily injury or property damage included in the products-completed operations hazard and arising out of your work shown in the schedule of the endorsement. • if your renewal policy contains endorsement CU 89 24 07 14 General Amendatory Endorsement (Trade Dress Limitation) and your prior policy contained CU 89 24 01 13 Amendatory Endorsement (Trade Dress Limitation) then the following changes apply to your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES 8 For consistency with the definition of personal and advertising injury, the personal and ad- vertising injury exclusions that apply to: �A • Material published with knowledge of falsity: and • Material published prior to the policy period are revised to reference "in any manner", with respect to oral or written publication. The endorsement is re-titled to read "General Amendatory Endorsement (Trade Dress Limita- tion)". s ® 2014 Liberty Mutual Insurance.All rights reserved. NP 93 58 07 14 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 11 of 11 NP 99 99 02 16 IMPORTANT NOTICE TO POLICYHOLDERS AMENDMENT OF AIRCRAFT EXCLUSION Dear Valued Policyholder, Thank you for selecting us as your carrier for your excess liability insurance. This notice contains a brief summary of the coverage changes made to your policy. The changes outlined below are organized by individual endorsements. Please note that not all of the endorsements noted may apply to your specific policy. In addition, this notice does not reference every editorial change made to the endorsement or coverage form, only material (or significant) coverage changes. Please read your policy and review your Declarations page for complete coverage information. No coverage Is provided by this notice, nor can it be construed to replace any provisions of your policy. If there are discrepancies between your policy and this notice, the provisions of the policy shall prevail. Should you have questions after reviewing the changes outlined below, please contact your independent agent. Thank you for your business. SUMMARY OF POLICY CHANGES If your renewal policy contains endorsement CU 89 21 07 15 AMENDMENT OF AIRCRAFT EXCLUSION and your prior policy contained endorsement CU 89 21 01 13 AMENDMENT OF AIRCRAFT EXCLUSION then the following changes apply to your policy: POTENTIAL RESTRICTION OF COVERAGE Coverage is potentially restricted in that the exclusionary wording is amended to exclude "bodily injury" and "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, if such aircraft is owned or operated by or rented or loaned to any "insured". CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES This endorsement has been revised to align more closely with the aircraft exclusionary language in your underlying liability insurance. Language was added for those aircraft operated by or rented or loaned to any "insured". Editorial changes are made throughout to achieve consistency among forms and improve readability . n NP 99 99 02 16 © 2015 Liberty Mutual Insurance Page 1 of 1 Coverage Is Provided In: Policy Number: I.1l�C>t'L� The Ohio Casualty Insurance Compan�r USO (17) 57 01 17 57 ,tt Mutual. INSURANCE Commercial Umbrella Policy Declarations Basis: Occurrence (ITEM 1)NAMED INSURED&MAILING ADDRESS AGENT MAILING ADDRESS&PHONE NO. GLENN THOMSON & BILL FEALY DBA: (877) 861-4595 KNOTTY TREE SERVICE BELL ANDERSON AGENCY INC PO BOX 473 600 SW 39TH ST STE 200 SOUTH PRAIRIE, WA 98385 RENTON, WA 98057-4919 a � Named Insured is: PARTNERSHIP Named Insured Business Is: TREE TRIMMING ®g (ITEM 2)POLICY PERIOD i From 12/29/2016 TO 12/29/2017 12:01 AM Standard 'rime at Insured Mailing Location I� (ITEM 3)PREMIUM CHARGES _ Explanation of DESCRIPTION PREMIUM Charges a 57�a Cnmmrroial I Imhrrlln o Certifirrt Ante of Terrorism Coverage $1_nn (Tn'I 11rled� Total Advance Charges $657.00 Note. This is not a bill BASIS OF PREMIUM: NON-AUDITABLE( X) AUDITABLE( ) IN THE EVENT OF CANCELLATION BY THE NAMED INSURED, THE COMPANY WILL RECEIVE AND RETAIN NO LESS THAN (0% ) OF THE POLICY PREMIUM AS THE MINIMUM RETAINED PREMIUM PLUS CERTIFIED ACTS OF TERRORISM COVERAGE AND ANY APPLICABLE TAXES AND SURCHARGES. (ITEM 4)LIMITS OF INSURANCE DESCRIPTION LIMIT EACH OCCURRENCE $1,000,000 AGGREGATE (WHERE APPLICABLE) $1,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE $1,000,000 SELF-INSURED RETENTION $10,000 Servicing Office Western Washington and Issue Date 11/15/16 Authorized Representative To report a claim, call your Agent or 1-800-362-0000 DS 70 22 01 08 11/15/16 57011757 NOICS465 290 NCXFPPNO INSURED COPY C01478 PAGE 19 OF 72 Coverage Is Provided In: Policy Number: Liberty The Ohio Casualty Insurance Company USO (17) 57 0117 57 Mutual. INSURANCE (ITEM 5)SCHEDULE OF UNDERLYING INSURANCE: CARRIER, POLICY NUMBER AND PERIOD TYPE OF COVERAGE LIMITS OF INSURANCE WEST AMERICAN GENERAL $1,000,000 EACH OCCURRENCE LIABILITY LIMIT $1,000,000 PERSONAL AND BKW(17)57011757 ADVERTISING INJURY 12/29/2016 - 12/29/2017 LIMIT $2,000,000 GENERAL AGGREGATE. LIMIT $2,000,000 PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT AMERICAN FIRE AND CASUALTY OWNED AND HIRED $1,000,000 COMBINED SINGLE COMPANY AND/OR NONOWNED LIMIT AUTO LIABILITY BAA(17)57011757 12/29/2016 - 12/29/2017 OHIO SECURITY INSURANCE STOP GAP $1,000,000 BODILY INJURY EACH COMPANY LIABILITY ACCIDENT LIMIT $1,000,000 BODILY INJURY BY BKW(17)57011757 DISEASE AGGREGATE 12/29/2016 - 12/29/2017 LIMIT $1,000,000 BODILY INJURY BY DISEASE EACH EMPLOYEE LIMIT a To report a claim, coil your Agent or 1-800-362-MO DS 70 23 Ol 08 11/15/1fi 57011757 N0108455 290 NCXFPPNO INSURED COPY 001478 PAGE 20 OF 72 Coverage Is Provided In: Policy Number: L.bei'ty The Ohio Casualty Insurance Company USO (17) 57 0117 57 Mutual. INSURANCE POLICY FORMS AND ENDORSEMENTS This section lists all the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE CU 6002 06 97 Commercial Umbrella Coverage Form > CU 60 39 01 15 Cap On Losses From Certified Acts Of Terrorism CU 60 40 01 15 Underlying Coverage Requirement For Certified Acts Of'rerrorism CU 61 06 01 13 Auto Liability - Following Form CU 61 50 07 14 Contractors Limitation Endorsement HE== CU 61 90 08 10 Washington Changes - Cancellation and Nonrenewal 110=1 CU 63 44 06 97 Foreign Liability - Following Form - CU 64 00 12 04 Exterior Insulation and Finish System - Exclusion CU 64 30 12 04 Washington - Fungi or Bacteria Exclusion CU 64 32 03 99 Washington Asbestos Exclusion CU 64 79 05 09 Exclusion - Recording and Distribution of Material or Information in Violation of the Law CU 64 82 07 14 Amendment - Electronic Data CU 64 87 10 05 Economic or Trade Sanctions Condition Endorsement CU 64 92 01 13 Mobile Equipment - Following Form CU 64 95 1207 Waiver Transfer Rights of Recovery Against Others CU 65 08 01 15 Exclusion Of Punitive Damages Related To A Certified Act Of Terrorism CU 88 01 12 02 War Liability Exclusion CU 88 02 05 09 Non-Cumulation of Liability (Same Occurrence) CU 8827 12 07 Washington Employment Related Practices Exclusion CU 88 30 07 14 General Amendatory Endorsement CU 88 39 07 14 Amendment of Definition of Insured CU 88 41 02 10 Amendment of Pollution Exclusion CU 89 19 01 13 Amendment of Watercraft Exclusion : CU 8921 07 15 Amendment of Aircraft Exclusion CU 89 40 05 16 Crisis Management Coverage CU 89 45 10 14 Access or Disclosure Of Confidential Or Personal Information And Data-Related - Liability with Limited Bodily Injury Exception Exclusion In witness whereof, we have caused this policy to be signed by our authorized officers. Mark Touhey Paul Condrin Secretary President INIIIIII To report a claim, call your Agent or 1-800-362-0000 DS 70 23 01 08 11/15/16 57011757 N01GU65 290 NCXFPPNO INSURED COPY 001478 PAGE 21 OF 72 This page intentionally a CU 60 02 06 97 COMMERCIAL UMBRELLA COVERAGE FORM There are provisions in this policy that restrict Insuring Agreement, V. DEFINITIONS. Words and coverage. Read the entire policy carefully to deter- phrases that appear in quotation marks have spe- mine rights, duties and what is and is not cov- cial meaning and can be found in the DEFINITION EaW ered. Section or the specific policy provision where they appear. Throughout this policy, the words "you" and "your" refer to the Named Insured as defined in ' Insuring Agreement, V. DEFINITIONS. The words In consideration of the payment of the premium 'We," "us" and "our" refer to the Company pro- and in reliance upon the statements in the Dec- viding this insurance. The word "Insured" means larations we agree with you to provide coverage a any person or organization qualifying as such in as follows: INSURING AGREEMENTS a r- I. COVERAGE B. The General Aggregate Limit is the most We will pay on behalf of the "Insured" those we will pay for all damages covered under sums in excess of the "Retained Limit" that the Insuring Agreement in Section I., ex- the "Insured" becomes legally obligated to cept: pay by reason of liability imposed by law or 1. damages included in the "products- assumed by the "Insured" under an "insured completed operations hazard`; and contract" because of "bodily injury," "property damage," "personal injury," or "advertising 2. coverages included in the policies list- injury" that takes place during the Policy Pe- ed in the Schedule of Underlying Insur- Nod and is caused by an "occurrence" hap- ance to which no underlying aggregate pening anywhere. The amount we will pay for limit applies. damages is limited as described below in the Insuring Agreement Section II. LIMITS OF IN- The amount stated on the Declarations as SURANCE. the General Aggregate Limit is the most we will pay for all damages arising out of If. LIMITS OF INSURANCE any "bodily injury," "property damage," "personal injury," or "advertising injury" A. The Limits of Insurance shown in Item 4. subject to an aggregate limit in the "un- of the Declarations and the rules below derlying insurance." The General Aggre- state the most we will pay regardless of gate Limit applies separately and in the the number of: same manner as the aggregate limits in a 7. "Insureds"; the "underlying insurance." 2. "claims" made or "suits" brought; or C. The Products-Completed Operations Ag- gregate Limit is the most we will pay for all damages included in the "products- 3. persons or organizations making completed operations hazard." claims or bringing suits. D. Subject to B. or C. in Section II. LIMITS OF INSURANCE, whichever applies, the Each Occurrence Limit is the most we will pay for "bodily injury," "property damage," CU 60 02 06 97 (Page 1 of 15) "personal injury," or "advertising injury" Schedule of Underlying Insurance nor covered under the Insuring Agreement in by any other insurance providing cov- Section I. because of all "bodily injury." erage to the "Insured" during the Poli- "property damage," "personal injury," or cy Period; "advertising injury" arising out of any one "occurrence." and then up to an amount not exceeding the Each Occurrence Limit as stated in the E. If the applicable Limits of Insurance of the Declarations. policies listed in the Schedule of Under- lying Insurance or of other insurance pro- Once the Self-insured Retention has been viding coverage to the "Insured" are re- exhausted by actual payment of "claims" duced or exhausted by actual payment of in full by the "Insured," the Self-Insured one or more "claims," subject to the terms Retention will not be reapplied or again and conditions of this policy, we will: payable by the "Insured" for said Policy Period. 1. in the event of reduction, pay in excess of the reduced underlying Limits of In- 111. DEFENSE surance, or; A. We will have the right and duty to investi- 2. in the event of exhaustion, continue in gate any "claim" and defend any "suit" force as "underlying insurance," but seeking damages covered by the terms for no broader coverage than is avail- and conditions of this policy when: able under this policy. 1. the applicable Limits of Insurance of F. The Limits of Insurance of this policy ap- the underlying policies listed in the ply separately to each consecutive annual Schedule of Underlying Insurance and period and to any remaining period of less the Limits of Insurance of any other than 12 months, starting with the begin- insurance providing coverage to the ning of the policy period shown in the "Insured" have been exhausted by ac- Declarations, unless the policy period is tual payment of "claims" for any "oc- extended after issuance for an additional currence" to which this policy applies; period of less than 12 months. In that or case, the additional period will be deemed part of the last preceding period for pur- 2. damages are sought for any "occur- poses of determining the Limits of Insur- rence" which is covered by this policy ance. but not covered by any underlying policies listed in the Schedule of Un- G. Retained Limit derlying Insurance or any other insur- ance providing coverage to the "in- We will be liable only for that portion of sured." damages, subject to the Each Occurrence Limit stated in the Declarations, in excess B. When we assume the defense of any of the "retained limit," which is the great- "claim" or "suit": er of: 1. We will investigate any "claim" and I. the total amounts stated as the ap- defend any "suit" against the "In- plicable limits of the underlying poli- sured" seeking damages on account of cies listed in the Schedule of Under- any 'occurrence" covered by this poli- lying Insurance and the applicable lim- cy. We have the right to investigate, its of any other insurance providing defend and settle the "claim" or "suit" coverage to the "Insured" during the as we deem expedient. Policy Period; or 2. All expenses we incur in the investiga- 2. the amount stated in the Declarations tion of any "claim" or defense of any as Self-Insured Retention as a result of "suit" are in addition to our Limits of any one "occurrence" not covered by Insurance. the underlying policies listed in the CU 60 02 06 97 (Page 2 of 15) 3. We will pay the following as expenses, "claim" or "suit' against the "Insured." to the extent that they are not included We will, however, have the right and will in the coverage in the underlying poli- be given the opportunity to participate in cies listed in the Schedule of Under- the settlement, defense and trial of any lying Insurance or in any other insur- "claim" or "suit" relative to any "occur- ance providing coverage to the "In- rence" which, in our opinion, may create sured": liability on our part under the terms of this policy. If we exercise such right, we will a. premiums on bonds to release at- do so at our own expense, tachments, which bond amounts will not exceed our Limits of In- IV. EXCLUSIONS surance, but we are not obligated to apply for or furnish any such This insurance does not apply to: bond; A. "Bodily injury" or "property damage" ex- b. premiums on appeal bonds, pected or intended from the standpoint of which bond amounts will not ex- the "Insured" This exclusion does not ap- ceed our policy limits, required by ply to "bodily injury" resulting from the law to appeal any "claim" or use of reasonable force to protect persons "suit" we defend, but we are not or property. Y obligated to apply for or furnish o any such bond; B. Any obligation of the "Insured" under a l� Workers Compensation, Unemployment c. all costs taxed against the "In- Compensation or Disability Benefits Law, sured" in any "claim" or "suit" or under any similar law, regulation or we defend; ordinance. d. pre judgment interest awarded C. Any obligation of the "Insured" under the against the "Insured" on that part Employee Retirement Income Security Act of the judgment we pay that is of 1974 or any amendments to that act, or within our applicable Limits of In- under any similar law, regulation or ordi- surance. If we make an offer to nance. pay the applicable Limits of Insur- ance, we will not pay any pre- D. Any obligation of the "Insured" under a judgment interest based on the No Fault, Uninsured Motorist or Underin- period of time after the offer; sured Motorist law, or under any similar law, regulation or ordinance. e. all interest that accrues after entry of judgment and before we have E. "Property damage" to "impaired property" paid, offered to pay or deposited or property that has not been physically in court the part of the judgment injured, arising out of: that is within our applicable Limit of Insurance; 1. a defect, deficiency, inadequacy or s dangerous condition in "your product" f. the "Insured's" actual and reason- or "your work"; or able expenses incurred at our re- quest. 2. a delay or failure by you or anyone acting on your behalf to perform a con- C. We will not investigate any "claim" or de- tract or agreement in accordance with fend any "suit' after our applicable Limits its terms. of Insurance have been exhausted by pay- ment of judgments or settlements. This exclusion does not apply to the loss of use of other property arising out of D. In all other instances except Subsection A. sudden and accidental physical injury to in Section III. DEFENSE, we will not be "your product" or "your work" after it has obligated to assume charge of the inves- been put to its intended use. tigation, settlement or defense of any CU 60 02 06 97 (Page 3 of 15) F. "Property damage" to "your product" aris- damages that the "Insured" would ing out of it or any part of it. have in the absence of the contract or G. "Property damage" to "your work" arising agreement. out of it or any part of it and included in K. "Advertising injury" arising out of: the "products-completed operations haz- ard." 1. breach of contract, other than misap- propriation of advertising ideas under This exclusion does not apply if the an implied contract; damaged work or the work out of which the damage arises was performed on your 2. the failure of goods, products or ser- behalf by a subcontractor. vices to conform with advertised qual- ity or performance; H. Damages claimed for any loss, cost or ex- pense incurred by you or others for the 3. the wrong description of the price of loss of use, withdrawal, recall, inspection, goods, products or services; or repair, replacement, adjustment, removal or disposal of: 4. an offense committed by an "Insured" whose business is advertising, broad- 1. "your product; casting, publishing or telecasting. 2. "your work"; or L. Any liability, including but not limited to settlements, judgments, costs, charges, ex- 3. "impaired property" penses. costs of investigations, or the fees of attorneys, experts, or consultants, aris- if such product, work or property is with- ing out of or in any way related to: drawn or recalled from the market or from use by any person or organization because 1. The actual, alleged or threatened pres- of a known or suspected defect, deficiency, ence, discharge, dispersal, seepage, inadequacy or dangerous condition in it. migration, release, or escape of "pollu- I. "Property damage" to property owned by tants," however caused. the "Insured." 2. Any request, demand or order that any "Insured" or others test for, monitor, J. "Personal injury" or "advertising injury": clean-up, remove, contain, treat, de- l. arising out of oral, written, televised, toxify, neutralize or in any way re- videotaped, or electronic publication of spond to or assess the effects of "pol- lutants." This includes demands, direc- material, if done by or at the direction „ of the "Insured" with knowledge of its tives, complaints, suits, orders or re- falsity; quests brought by any governmental entity or by any person or group of 2. arising out of oral, written, televised, persons. videotaped, or electronic publication of material whose first publication took 3. Steps taken or amounts incurred by a place before the beginning of the poli- governmental unit or any other person cy period; or organization to test for, monitor, e clean-up, remove, contain, treat, de- 3. arising out of the willful violation of a toxify or neutralize or assess the ef- penal statute or ordinance committed fects of "pollutants." by or with consent of the 'Insured"; or This exclusion will apply to any liability, 4. for which the `Insured" has assumed costs, charges, or expenses, or any judg- liability in a contract or agreement. ments or settlements, arising directly or This exclusion does not apply to liabil- indirectly out of pollution whether or not ity for the pollution was sudden, accidental, grad- ual, intended, expected, unexpected, pre- ventable or not preventable. CU 60 02 06 97 (Page 4 of 15) As used in this exclusion "pollutants" 3. coercion, demotion, evaluation, reas- means any solid, liquid, gaseous, or ther- signment, discipline, defamation, ha- mal irritant or contaminant, including, but rassment, molestation, humiliation, not limited to smoke, vapor, soot, fumes, discrimination or other employment re- acids, alkalis, chemicals and waste ma- lated practices, policies, acts or omis- terial. Waste material includes materials sions; or which are intended to be or have been recycled, reconditioned or reclaimed. 4. consequential "bodily injury," "proper- ty damage," "personal injury" or "ad- M. "Bodily injury" or "property damage" due vertising injury" as a result of 0.1. to war, whether or not declared, or any act through 0.3. or condition incident to war. War includes civil war, insurrection, rebellion or revolu- This exclusion applies whether the "In- tion. This exclusion applies only to liability sured" may be held liable as an employer assumed under a contract or agreement. or in any other capacity and to any obliga- tion to share damages with or to repay N. Any liability, including, but not limited to someone else who must pay damages be- settlements, judgments, costs, charges, ex- cause of "bodily injury," "property dam- penses, costs of investigations, or the fees age," "personal injury" or "advertising in- of attorneys, experts, or consultants aris- jury. ing out of or related in any way, either s directly or indirectly, to: P. "Bodily injury," "property damage," "per- sonal injury" or "advertising injury" ex- 1. asbestos, asbestos products, asbestos- cluded by the Nuclear Energy Liability Ex- containing materials or products, as- clusion attached to this Policy. bestos fibers or asbestos dust, includ- ing, but not limited to, manufacture, Q. The following Items 1, through 4., except mining, use, sale, installation, removal, to the extent that such insurance is pro- or distribution activities; vided by a policy listed in the Schedule of Underlying Insurance, and for no broader 2. exposure to testing for, monitoring of, coverage than is provided by such policy: cleaning up, removing, containing or treating of asbestos, asbestos pro- 1. Liability of any employee with respect ducts, asbestos-containing materials or to "bodily injury," "property damage," products, asbestos fibers or asbestos "personal injury" or "advertising In- dust; or jury to you or to another employee of the same employer injured in the 3. any obligation to investigate, settle or course of such employment. defend, or indemnify any person against any "claim" or "suit" arising 2. "Bodily injury" or "property damage" out of, or related in any way, either arising out of the ownership, mainten- directly or indirectly, to asbestos, as- ance, operation, use, "loading" or "un- bestos products, asbestos-containing loading" of any watercraft, if such ° materials or products, asbestos fibers watercraft is owned, or chartered with- or asbestos dust. out crew, by or on behalf of any "In- sured." This exclusion will not apply to n O. "Bodily injury," "property damage," "per- watercraft while ashore on any prem- sonal injury" or "advertising injury" aris- ises owned by, rented to, or controlled ing out of any: by you. 1. refusal to employ or promote; 3. "Bodily injury" or "property damage" arising out of the ownership, mainten- 2. termination of employment; ance, operation, use, "loading" or "un- loading" of any aircraft, if such aircraft is owned, or hired without pilot or crew, by or on behalf of any "Insured." CU 60 02 06 97 (Page 5 of 15) 4. "Bodily injury" to: B. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public a. an employee of any 'Insured" roads, including any attached machinery or arising out of and in the course equipment. "Auto" does not include "mo- of: bile equipment." I. employment by any "In- C. "Bodily injury" means physical injury, sick- sured'; or ness, or disease, including death of a per- son. "Bodily injury" also means mental performing injury, mental anguish, humiliation, or the conduct of any "In- shock if directly resulting from physical sured's" business; or injury, sickness, or disease to that person. b. the spouse, child, parent, brother D. "Claim" means any demand for monetary or sister of that employee as a damages upon an "Insured" resulting from consequence of Paragraph 4.a. a covered "occurrence." This exclusion applies: E. 'Impaired property" means tangible prop- a. whether any "Insured" may be erty, other than "your product" or "your liable as an employer or in any work, that cannot be used or is less use- other capacity; and ful because: b. to any obligation to share dam- 1. it incorporates "your product" or "your ages with or repay someone else work" that is known or thought to be who must pay damages because defective, deficient, inadequate or dan- of the injury. gerous; or 2. you have failed to fulfill the terms of a V. DEFINITIONS contract or agreement; A. "Advertising injury" means injury arising if such property can be restored to use by: solely out of advertising activities of any "Insured" as a result of one or more of the 1. the repair, replacement, adjustment or following offenses during the policy pe- removal of "your product" or "your riod: work"; or I. oral, written, televised, videotaped, or 2. your fulfilling the terms of the contract electronic publication of material that or agreement. slanders or libels a person or organiza- tion or disparages a person's or or- F. "Insured" means each of the following, to ganizabon's goods, products or ser- the extent set forth: vices; 1. The Named Insured meaning: 2. oral, written, televised, videotaped, or electronic publication of material that a. Any person or organization listed violates a person's right of privacy; in Item 1. of the Declarations, and any Company of which you own n 3. misappropriation of advertising ideas more than 50%, as of the effective or style of doing business; date of this policy. 4. infringement of copyright, title or slo- b. Any organization you newly ac- gan; or quire or form, other than a part- nership, joint venture or limited 6. mental injury, mental anguish, humili- liability company, and over which ation, or shock, if directly resulting you maintain ownership or major- from Items A.I. through AA. ity interest, will qualify to be a Named Insured. However: CU 60 02 06 97 (Page 6 of 16) (1) coverage under this provi- "unloading" of any "autos," aircraft or sion is afforded only until the watercraft unless such coverage is in- 90th day after you acquire or cluded under the policies listed in the form the organization or the Schedule of Underlying Insurance and end of the policy period, for no broader coverage than is pro- whichever is earlier; vided under such underlying policies. (2) coverage does not apply to Employees include "leased workers" "bodily injury," "property but not "temporary workers." "Leased damage," "personal injury" workers" are leased to you by a labor or "advertising injury" that leasing firm under an agreement be- occurred before you acquired tween 9 � Y q you and the labor leasing firm or formed the organization; to perform related duties to the con and duct of your business. "Leased work- 3 coverage applies only if the ers" are not "temporary workers." o s� ( ) 9 PP Y Temporary workers are persons fur- organization is included un- nished to you to substitute for perma- e� der the coverage provided by nent employees on leave or to meet the policies listed in the seasonal or short-term workload condi- Schedule of Underlying In- tions. surance and then for no s broader coverage than is 7. Any person, other than one of your e provided under such under- employees, or organization while act- lying policies. ing as your real estate manager. 2. If you are an individual, you and your 8. Any person (other than your partners, spouse, but only with respect to the executive officers, directors, stockhol- conduct of a business of which you are ders or employees) or organizations 9 the sole owner as of the effective date with respect to any "auto" owned by of this policy. you, loaned to you or hired by you or on your behalf and used with your per- 3. If you are a partnership or joint ven- mission. ture, the partners or members and their spouses but only as respects the However, the coverage granted by this conduct of your business. Provision 8. does not apply to any per- son using an "auto" while working in a 4. If you are a limited liability company, business that sells, services, repairs or the members or managers but only as parks "autos" unless you are in that respects the conduct of your business. business. S. Any person or organization, other than 9. No person or organization is an "In- the Named Insured, included as an ad- sured" with respect to the conduct of ditional 'Insured" by virtue of an "in- any current or past partnership or joint sured contract," and to which coverage venture that is not shown as a Named is provided by the "underlying insur- Insured in the Declarations. ance," and for no broader coverage than is provided by the "underlying G. "Insured contract" means any oral or writ- insurance" to such additional "In- ten contract or agreement entered into by sured." you and pertaining to your business under which you assume the "tort liability" of 6. Any of your partners, executive offi- another party to pay for "bodily injury" or cers, directors, or employees but only "property damage" to a third person or while acting within the scope of their organization, provided that the "bodily in- duties. jury" or "property damage" occurs subse- However, the coverage granted by this quent to the execution of the contract or Provision 6. does not apply to the own- ership, maintenance, use, 'loading" or CU 60 02 06 97 (Page 7 of 15) agreement. "Tort liability" means a civil a. air compressors, pumps and gen- liability that would be imposed by law in erators, including spraying, weld- the absence of any contract or agreement. Ing, building cleaning, geophysi- cal exploration, lighting and well H. "Loading" or "unloading" means the han- servicing equipment or dling of property: b. cherry pickers and similar devices 1. after it is removed from the place used to raise or lower workers; where it is accepted for movement into or onto an aircraft, watercraft or 6. vehicles not described in 1., 2., 3., or 4. "auto"; above maintained primarily for pur- poses other than the transportation of 2. while it is in or on an aircraft, water- persons or cargo. craft or "auto"; However, self-propelled vehicles with 3. while it is being moved from an air- the following types of permanently at- craft, watercraft or "auto" to the place tached equipment are not "mobile where it is finally delivered. equipment" but will be considered "autos": However, "loading" or "unloading" does not include the movement of property by a. equipment designed primarily for: means of a mechanical device, other than a hand truck, that is not attached to the (1) snow removal; aircraft, watercraft or "auto." (2) road maintenance, but not 1. "Mobile equipment" means any of the fol- construction or resurfacing; lowing types of land vehicles, including or any attached machinery or equipment: (3) street cleaning; 1. bulldozers, farm machinery, forklifts and other vehicles designed for use b. cherry pickers and similar devices principally off public roads; mounted on auto or truck chassis and used to raise or lower work- 2. vehicles maintained for use solely on ers; and or next to premises you own or rent; c. air compressors, pumps and gen- 3. vehicles that travel on crawler treads; erators, including spraying, weld- ing, building cleaning, geophysi- 4. vehicles, whether self-propelled or not, cal exploration, lighting and well maintained primarily to provide mobil- servicing equipment. ity to permanently mounted: J. "Occurrence" means: c a. power cranes, shovels, loaders, 1. diggers or drills; or as respects "bodily injury" or "prop- erty damage," an accident, including b. road construction or resurfacing continuous or repeated exposure to equipment such as graders, scrap- substantially the same general harmful ers or rollers; conditions; S. vehicles not described in 1., 2., 3., or 4. 2. as respects "personal injury," an of- above that are not self-propelled and fense arising out of the business of are maintained primarily to provide any "Insured" that results in "personal mobility to permanently attached injury." All damages that arise from equipment of the following types: the same or related injurious material or acts will be considered as arising out of one "occurrence," regardless of the CU 60 02 06 97 (Page 8 of 15) frequency or repetition thereof, the b. work that has not yet been com- number and kind of media used and pleted or abandoned. the number of claimants; 2. "Your work" will be deemed complet- 3. as respects "advertising injury," an of- ed at the earliest of the following fense committed in the course of ad- times: vertising your goods, products and ser- vices that results in "advertising in- a. When all of the work called for in jury." All damages that arise from the your contract has been complet- same or related injurious material or ed. acts will be considered as arising out of one "occurrence," regardless of the b. When all of the work to be done at the site has been completed if frequency or repetition thereof, the number and kind of media used and your contract calls for work at >; i= more than one site. the number of claimants. c. When that part of the work done K. "Personal injury" means injury other than at a jab site has been put to its "bodily injury" or "advertising injury" aris- intended use by any person or or- ing out of one or more of the following ganization other than another con- offenses during the policy period: tractor or subcontractor working s fiiaEgll 1. false arrest, detention or imprison- on the same project. t ment; Work that may need service, mainten- 2. malicious prosecution; ance, correction, repair or replacement, but which is otherwise complete, will 3. the wrongful eviction from, wrongful be treated as completed. entry into, or invasion of the right of � private occupancy of a room, dwelling 3. This "products-completed operations or premises that a person occupies by hazard" does not include "bodily in- or on behalf of its owner, landlord or jury" or "property damage" arising out lessor; of: 4. oral, written, televised, videotaped, or a. the transportation of property, un- electronic publication of material that less the injury or damage arises slanders or libels a person or organiza- out of a condition in or on a ve- tion or disparages a person's or or- hicle created by the "loading" or ganization's goods, products or ser- vices; b. the existence of tools, uninstalled S. oral, written, televised, videotaped, or equipment or abandoned or un- electronic publication of material that used materials. violates a person's right of privacy; or s M. "Property Property damage" means: 6. mental injury, mental anguish, humili- hock, if directly resulting 1. physical injury to tangible properly, in- ation, or s atio Items shock, through S. cluding all resulting loss of use of that fromproperty. All such loss of use will be L. 1. "Products-completed operations haz- deemed to occur at the time of the ard" means all "bodily injury" and physical injury that caused it; or "property damage" from an "occur- 2. loss of use of tangible property that is rence" taking place away from prem- not physically injured. All such loss ises you own or rent and arising out of will be deemed to occur at the time of "your product" or "your work" except: the "occurrence" that caused it. a. products that are still in your N. "Suit" means a civil proceeding which physical possession; or seeks monetary damages because of "bod- ily injury," "property damage," "per- CU 60 02 06 97 (Page 9 of 15) sonal injury," or "advertising injury" to "Your product" does not include vending which this insurance applies. "Suit" in- machines or other property rented to or cludes: located for the use of others but not sold. 1. an arbitration proceeding in which Q. "Your work" means: such damages are claimed and to which you must submit or do submit 1. work or operations performed by you with our consent; or or on your behalf; and 2. any other alternative dispute resolution 2. materials, parts or equipment fur- proceeding in which such damages are nished in connection with such work or claimed and to which you submit with operations. our consent. "Your work" includes: O. "Underlying insurance" means the insur- 1. warranties or representations made at ance coverage provided under policies any time with respect to the fitness, shown in the Schedule of Underlying In- surance, or any additional policies agreed quality, durability, performance or use of "your work"; and to by us in writing. It includes any policies issued to replace those policies during the 2. the providing of or failure to provide term of this insurance that provide: warnings or instructions. 1. at least the same policy limits; and VI. Conditions 2. insurance for the same hazards, except as to any modifications which are A. Appeals agreed to by us in writing. If the "Insured" or an "Insured's" under- P. "Your product" means: lying insurers do not appeal��a'judgment in excess of the retained limit, we have the 1. Any goods or products, other than real right to make such an appeal. If we elect property, manufactured, sold, handled, to appeal, our liability on such an award or distributed or disposed of by: judgment will not exceed our Limits of Insurance as stated in Item 4. of the Dec- a. you; larations plus the cost and expense of such appeal. b. others trading under your name; or B. Audit c. a person or organization whose We may audit and examine your books business or assets you have ac- and records as they relate to this policy at quired; and any time during the period of this policy and for up to three years after the expira- 2. Containers (other than vehicles) materi- tion or termination of this policy, als, parts or equipment furnished in connection with such goods or pro- C. Bankruptcy or Insolvency ducts. The bankruptcy, insolvency or inability to "Your product" includes: pay of any "Insured" or the bankruptcy, insolvency or Inability to pay of any of the 1. warranties or representations made at Underlying Insurers will not relieve us any time with respect to the fitness, from the payment of any "claim" or "suit" quality, durability, performance or use covered by this policy. Under no circum- of "your product'; and stances will such bankruptcy, insolvency or inability to pay require us to drop down 2. the providing of or failure to provide and replace the "retained limit" or assume warnings or instructions. any obligation with the "retained limit." CU 60 02 06 97 (Page 10 of 15) D. Cancellation cellation and the receipt of any refund 1. You may cancel this policy. You must that may become payable under this policy. mail or deliver advance written notice to us stating when the cancellation is 8. Any of these provisions that conflict to take effect. with a law that controls the cancella- tion of the insurance in this policy is 2. We may cancel this policy. If we cancel because of nonpayment of premium, changed by this statement to comply p with the law. we must mail or deliver to you not less than ten (10) days advance written no- E. Changes tice stating when the cancellation is to take effect. If we cancel for any other Notice to any agent or knowledge pos- reason, we must mail or deliver to you sessed by any agent or any other person not less than thirty (30) days advance will not effect a waiver or a change in any written notice stating when the can- part of this policy. This policy can only be cellation is to take effect. Mailing that changed by a written endorsement that notice to you at your mailing address becomes a part of this policy and that is shown in Item 1. of the Declarations signed by one of our authorized repre- will be sufficient to prove notice. sentatives. S 3. The policy period will end on the day F. Duties in The Event of An Occurrence, and hour stated in the cancellation no- Claim Or Suit tice. 1. You must see to it that we are notified 4. If we cancel, final premium will be cal- as soon as practicable of an "occur- culated pro rata based on the time this rence" which may result in a "claim" policy was in force. Final premium will or "suit" under this policy. To the ex- not be less than the Minimum Pre- tent possible, notice will include: mium as shown in Item 3. of the Dec- larations. a. how, when and where the "occur- rence" took place; S. If you cancel, final premium will be more than pro rata; it will be based on b. the names and addresses of any the time this policy was in force and injured person and witnesses; increased by our short rate cancellation table and procedure. Final premium c. the nature and location of any in- will not be less than the Minimum Pre- jury or damage arising out of the mium as shown in Item 3. of the Dec- "occurrence." mium 2. If a "claim" or "suit" against any "In- 6. Premium adjustment may be made at sured" is reasonably likely to involve the time of cancellation or as soon as this policy you must notify us in writ- practicable thereafter but the cancella- ing as soon as practicable. tion will be effective even if we have 3. You and any other involved "Insured" not made or offered any refund due must: you. Our check or our representative's check, mailed or delivered, will be suf- a. immediately send us copies of ficient tender of any refund due you. any demands, notices, summons- 7. The first Named Insured in Item 1. of es or legal papers received in con- the Declarations will act on behalf of section with the "claim" or all other "Insured's" with respect to suit"; the giving and receiving of notice of b. authorize us to obtain records and can- other information; CU 60 02 06 97 (Page 11 of 15) c. cooperate with us in the inves- 1. to keep the policies listed in the Sched- tigation, settlement or defense of ule of Underlying Insurance in full the "claim" or "suit`; and force and effect; d. assist us, upon our request, in the 2. that any renewals or replacements of enforcement of any right against the policies listed in the Schedule of any person or organization which Underlying Insurance will not be more may be liable to the 'Insured" be- restrictive in coverage; cause of injury or damage to which this insurance may also ap- 3. that the Limits of Insurance of the poli- ply. cies listed in the Schedule of Under- lying Insurance will be maintained ex- 4. The "Insured`s" will not, except at cept for any reduction or exhaustion of their own cost, voluntarily make a pay- aggregate limits by payment of ment, assume any obligation, or incur 'claims" or "suits" for 'occurrences" any expense, other than for first aid, covered by "underlying insurance"; without our consent. and G. Inspection 4. that the terms, conditions and endorse- ments of the policies listed in the We have the right, but are not obligated, Schedule of Underlying Insurance will to inspect the premises and operations of not change during the period of this any 'Insured' at any time. Our inspections policy such as to increase the coverage are not safety inspections. They relate only afforded under this policy. to the insurability of the premises and op- erations of any 'Insured" and the premi- If you fail to comply with these require- ums to be charged, We may give you re- ments, we will only be liable to the same ports on the conditions we find. We may extent that we would have been had you also recommend changes. While they may fully complied with these requirements. help reduce losses, we do not undertake to perform the duty of any person or organi- J. Other insurance zation to provide for the health or safety of any employees or the public. We do not If other insurance applies to a loss that is warrant that the premises or operations of also covered by this policy, this policy will any 'Insured' are safe or healthful or that apply excess of the other insurance, Noth- they comply with laws, regulations, codes ing herein will be construed to make this or standards. policy subject to the terms, conditions and limitations of such other insurance. How- H. Legal Actions Against Us ever, this provision will not apply if the other insurance is specifically written to be There will be no right of action against us excess of this policy. under this insurance unless: K. Premium 1. you have complied with all the terms of this policy; and The first Named Insured designated in Item 1. of the Declarations will be respon- 2. the amount you owe has been deter- sible for payment of all premiums when x mined by settlement with our consent due. or by actual trial and final judgment; The premium for this policy will be com- This insurance does not give anyone the puted on the basis set forth in Item 3. of right to add us as a party in an action the Declarations. At the beginning of the against you to determine your liability. policy period, you must pay us the Ad- vance Premium shown in Item 3. of the I. Maintenance of Underlying Insurance Declarations. During the period of this policy, you agree: When this policy expires or if it is can- celed, we will compute the earned pre- mium for the time this policy was in force. If this policy is subject to audit adjust- CU 60 02 06 97 (Page 12 of 15) ment, the actual exposure basis will be Expenses incurred in the exercise of rights used to compute the earned premium. If of recovery will be apportioned between the earned premium is greater than the the interests, including the "Insured," in Advance Premium, you will promptly pay the ratio of their respective recoveries as us the difference. If the earned premium is finally settled. less than the Advance Premium, we will N. Terms Conformed to Statute return the difference to you. But in any event we will retain the Minimum Pre- The terms of this Policy which are in con- mium as shown in Item 3. of the Declara- flict with the statutes of the state where tions for each twelve months of our policy this Policy is issued are amended to con- period. form to such statutes. L. Separation of Insureds If we are prevented by law or statute from Except with respect to our Limits of Insur- paying on behalf of an "Insured," then we „. will, where permitted by law or statute, ance and any rights or duties specifically assigned to the first Named Insured des- indemnify the "Insured" for those sums in ignated in Item 1. of the Declarations, this excess of the "retained limit." insurance applies: 0. Transfer of Your Rights And Duties 1. as if each Named Insured were the Your rights and duties under this policy s only Named Insured; and may not be transferred without our written 2. separately to each "Insured" against consent. whom "claim" is made or "suit" If you die or are legally declared bankrupt, brought. your rights and duties will be transferred M. Transfer of Rights of Recovery Against to your legal representative but only while acting within the scope of duties as your Others to Us " legal representative. However, notice of If any "Insured" has rights to recover all or cancellation sent to the first Named In- part of any payment we have made under sured designated in Item 1. of the Declara- this policy, those rights are transferred to tions and mailed to the address shown in us. The "Insured" must do nothing after this policy will be sufficient notice to effect loss to impair those rights and must help cancellation of this policy. us enforce them. P. When Loss Is Payable Any recoveries will be applied as follows: Coverage under this policy will not apply 1. any interests, including the "Insured," unless and until any "Insured" or an "In- that have paid an amount in excess of sured's" underlying insurer is obligated to our payment under this policy will be pay the "retained limit." reimbursed first; When the amount of loss has finally been a 2. we then will be reimbursed up to the determined, we will promptly pay on be- amount we have paid; and half of the "Insured" the amount of loss falling within the terms of this policy, x 3. lastly, any interests, including the "in- You will promptly reimburse us for any sured," over which our insurance is e amount within the Self-Insured Retention excess, are entitled to claim the rest- advanced by us at our discretion on behalf due. of any "Insured." CU 60 02 06 97 (Page 13 of 15) NUCLEAR ENERGY LIABILITY EXCLUSION This policy does not apply to: Canada, this Exclusion 2.c. applies only to "nuclear property damage" to such "nu- t. Any liability, injury or damage: clear facility" and any property therein. a. with respect to which any "Insured" under 3. As used in this exclusion: the policy is also an "Insured" under a nuclear energy liability policy issued by a. "Hazardous properties" includes radioac- Nuclear Energy Liability Insurance Assock tive, toxic or explosive properties. ation, Mutual Atomic Energy Liability Un- derwriters, Nuclear Insurance Association b. "Nuclear facility" means: of Canada or any of their successors, or would be an "Insured" under any such I. any "nuclear reactor"; policy but for its termination upon exhaus- ii. any equipment or device designed or tion of its Limits of Insurance; or used for b. resulting from the "hazardous properties" of "nuclear material" and with respect to (1) separating the isotopes of urani- um or plutonium, which (a) a person or organization is re- quired to maintain financial protection pur- suant to the Atomic Energy Act of 1954, or (2) processing or utilizing "spent fuel or any law amendatory thereof, or (b) any "Insured" is, or had this policy not been (3) handling, processing or packaging issued would be, entitled to indemnity "nuclear waste'; from the United States of America, or any agency thereof, under any agreement en- Ili. any equipment or device used for the tered into by the United States of America, processing, fabricating or alloying of or any agency thereof, with any person or "special nuclear material" if at any organization. time the total amount of such material in the custody of any "Insured" at the 2. Any injury or "nuclear property damage" re- premises where such equipment or de- sulting from the "hazardous properties" of vice is located consists of or contains "nuclear material," if: more than 25 grams of plutonium or uranium 233 or any combination there- a. the "nuclear material" (a) is at any "nu- of, or more than 250 grams of uranium clear facility" owned by, or operated by or 235; on behalf of, any "Insured" or (b) has been discharged or dispersed therefrom; iv. any structure, basin, excavation, prem- ises or place prepared or used for the b. the "nuclear material" is contained in storage or disposal of, "nuclear "spent fuel" or "nuclear waste" at any waste," and includes the site on which time possessed, handled, used, processed, any of the foregoing is located, all op- stored, transported or disposed of by or on erations considered on such site and s behalf of any "Insured"; or all premises used for such operations. c. the injury or "nuclear property damage" c. "Nuclear material" means "source mate- arises out of the furnishing by any "In- rial," "special nuclear material" or by- sured" of services, materials, parts or product material. equipment in connection with the plan- ning, construction, maintenance, operation d. "Nuclear property damage" includes all or use of any "nuclear facility," but if such forms of radioactive contamination of facility is located within the United States property. of America, its territories or possessions or CU 60 02 06 97 (Page 14 of 15) e. "Nuclear reactor' means any apparatus g. "Source material," "special nuclear mate- designed or used to sustain nuclear fission rial," and "by-product material' have the in a self-supporting chain reaction or to meanings given them in the Atomic En- contain a critical mass of fissionable ma- ergy Act of 1954 or in any law amendatory terial. thereof. f. "Nuclear waste" means any nuclear waste h. "Spent fuel' means any fuel element or material (a) containing "by-product mate- fuel component, solid or liquid, which has rial' other than the tailings of nuclear been used or exposed to radiation in a waste produced by the extraction or con- "nuclear reactor." centration of uranium or thorium from any ore processed primarily for its "source me- This endorsement does not change any other pro - terial" content, and (b) resulting from the vision of the policy. i� operation by any person or organization of any "nuclear facility" included within the definition of "nuclear facility" under Para- graph 3.b.i. or 3.b.ii. e� In Witness Whereof, we have caused this policy to be executed and attested, but this policy will not be s �T, valid unless countersigned by one of our duly authorized representatives, where required by law. s� CU 60 02 06 97 (Page 15 of 15) COMMERCIAL UMBRELLA CU60390115 THIS ENDORSEMENT CHANGES THE. POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA COVERAGE FORM If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed $100 billion in a calendar year and we have met our insurer deductible under the Terrorism 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 established by the Secretary of the Treasury. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and Is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for injury or damage that is otherwise excluded under this policy. This endorsement does not change any other provision of the policy. ® 20151-iberty Mutual Insurance CU 60 39 01 15 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 COMMERCIAL UMBRELLA CU 60 40 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNDERLYING COVERAGE REQUIREMENT FOR CERTIFIED ACTS OF TERRORISM With respect to any one or more "certified acts of terrorism," we will be liable only for that portion of damages, subject to the Each Occurrence Limit stated in the Declarations, in excess of the total amounts stated as the applicable limits of the underlying policies listed in the Schedule of Underlying Insurance and the applicable limits of any other insurance providing coverage to the "insured" during the Policy Period. If you fail to comply with this Underlying Coverage Requirement for "Certified Acts of Terrorism" and =� you do not maintain your underlying limits as scheduled, we will only be liable to the same extent that we would have been had you fully complied with this Requirement. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" $ include the following: 1. The act resulted in insured losses in excess of $5 million In the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. This exclusion does not apply to the extent that insurance is provided by a policy listed in the Schedule of Underlying Insurance, and for no broader coverage than is provided by such policy. This endorsement does not change any other provision of the policy. fV ® 2015 Liberty Mutual Insurance CU 60 40 011 15 Includes copyrighted material of Insurance Services Office.Inc.,with its permission. Page 1 of 1 COMMERCIAL UMBRELLA CU 61 06 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO LIABILITY - FOLLOWING FORM This endorsement modifies insurance provided under the following; COMMERCIAL UMBRELLA COVERAGE PART I. The following exclusion is added to Section IV. -EXCLUSIONS: This insurance does not apply to: Any liability arising out of the ownership, maintenance, use or entrustment to others of any "auto." Use includes operation and 'loading" or "unloading". This exclusion applies even if the claims against any "Insured" allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that 'Insured". This exclusion does not apply to the extent that insurance for such liability is provided by a policy listed in the Schedule of Underlying Insurance, and for no broader coverage than is provided by such policy 2. Paragraph B. under Section V. DEFINITIONS is replaced by the following: B. "Auto" means an auto as it is defined in the applicable "underlying insurance". This endorsement does not change any other provision of the policy. s 2012 Liberty Mutual Insurance CU 61 06 01 13 Includes copyrighted Material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 CU 61 50 07 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS LIMITATION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA COVERAGE PART a A. Section IV -EXCLUSIONS is amended as follows: s r� " ^-- 1. Exclusions F.and G.are deleted. e 2. The following exclusions are added: This insurance does not apply to: s a. Any liability assumed by any "Insured" under any "insured contract"; or b. Any "property damage": (1) To "your product" arising out of it or any part of it; (2) To "your work" arising out of it or any part of it and included in the "products- completed operations hazard`; (3) To property leased or rented to, occupied or used by or in the care, custody or control of any "Insured" or as to which any "Insured" is for any purpose exercis- ing physical control; or (4) Arising out of the "explosion hazard", the "collapse hazard" or the "underground property damage hazard"; or c. Any liability arising out of any project insured under a consolidated (wrap-up) insur- ance program or any similar rating plan. This exclusion applies whether or not the consolidated (wrap-up) insurance program: (1) Provides coverage identical to that provided by this Coverage Part; (2) Has limits adequate to cover all "claims"; or (3) Remains in effect; or d. Any liability arising out of the rendering of or failure to render any professional ser- vices by you or on your behalf, but only with respect to either or both of the following operations: (1) Providing engineering, architectural or surveying services to others in your capac- ity as an engineer, architect or surveyor; and/or (2) Providing, or hiring independent professionals to provide, engineering, architec- tural or surveying services 2014 Liberty Mutual Insurance.All rights reserved. CU 61 50 07 14 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 2 in connection with construction work you perform. This exclusion applies even if the "claims" against any 'Insured" allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that 'Insured", if the 'occurrence", 'offense" or other act, error or omission involved the rendering of or failure to render any professional services by you or on your behalf with respect to the operations described above. Professional services include: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; and (b) Supervisory or inspection activities performed as part of any related architectural or engineering activities. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your oper- ations in your capacity as a construction contractor. Exclusions a. and b. above, do not apply to the extent that insurance for such liability or "property damage" is provided by a policy listed in the Schedule of Underlying Insurance, and for no broader coverage than is provided by such policy. B. For the purposes of this endorsement, the following are added to Section V. DEFINITIONS: "Collapse hazard" includes "structural property damage" and any resulting "property damage" to any other property at any time. "Explosion hazard" includes "property damage" arising out of blasting or explosion. The "explo- sion hazard" does not include "property damage" arising out of the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment. "Structural property damage" means the collapse of or structural injury to any building or structure due to: a. Grading of land, excavating, burrowing, filling, back-filling, tunneling, pile driving, cofferdam work or caisson work; or b. Moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support of that building or structure. "Underground property damage hazard" includes "underground property damage" and any result- ing "property damage" to any other property at any time. "Underground property damage" means "property damage" to wires, conduits, pipes, mains, sew- ers, tanks, tunnels, any similar property, and any apparatus used with them beneath the surface of 0 the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, drilling, burrowing, filling, back-filling or pile driving. This endorsement does not change any other provision of the policy. N O © 2014 Liberty Mutual Insurance.All rights reserved. CU 61 50 07 14 Includes copyrighted material df Insurance Services Office,Inc.,with its permission. Page 2 of 2 COMMERCIAL UMBRELLA CU 61 90 08 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA COVERAGE PART EXCESS LIABILITY COVERAGE PART I� 1. Condition, D. Cancellation under Section VI. Conditions is replaced by the following: D. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by notifying us of the insurance producer in one of the following ways: i� � a. Written notice by mail, fax or a-mail; $ b. Surrender of the policy or binder; or c. Verbal notice. Upon receipt of such notice, we will cancel this policy or any binder issued as evidence of coverage, effective on the later of the following: a. The date on which notice is received or the policy or binder is surrendered; or b. The date of cancellation requested by the first Named Insured. 2. We may cancel this policy by mailing or delivering to the first Named Insured and the first Named Insured's agent or broker written notice of cancellation, including the actual reason for the cancellation, to the last mailing address known to us, at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 45 days before the effective date of cancellation if we cancel for any other reason. 3. We will also mail or deliver to any mortgage holder, pledgee or other person shown in this policy to have an interest in any loss which may occur under this policy, at their last mailing address known to us, written notice of cancellation, prior to the effective date of cancellation. This notice will be the same as that mailed or delivered to the first Named Insured. 4. Notice of cancellation will state the effective date of Cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund will be at least 90% of the pro rata refund. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. 2. The following Condition is added to Section VI. Conditions and supersedes any provision to the con- trary: Nonrenewal 02010 Liberty Mutual Insurance Company.All rights reserved. CU 61 90 08 10 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 2 We may elect not to renew this policy by mailing or delivering written notice of nonrenewal, stating the reasons for nonrenewal, to the first Named Insured and the Named Insured's agent or broker, at their last mailing addresses known to us. We will also mail to any mortgage holder, pledge or other person shown in the policy to have an interest in any loss which may occur under this policy, at their last mailing address known to us, written notice of nonrenewal. We will mail or deliver these notices at least 45 days before the: 1. Expiration of the policy; or 2. Anniversary date of this policy if this policy has been written for a term of more than one year. Otherwise, we will renew this policy unless: I. The first Named Insured fails to pay the renewal premium after we have expressed our willingness to renew, including a statement of the renewal premium, to the first Named Insured and the first Named Insured's insurance agent, at least 20 days before the expiration date; or 2. Other coverage acceptable to the "Insured" has been procured prior to the expiration date of the policy; or 3. The policy clearly states that it is not renewable, and is for a specific line, subclassification, or type of coverage that is not offered on a renewable basis. N a 3 02010 Liberty Mutual Insurance Company.All rights reserved. CU 61 90 08 10 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 2 CV 63 44 06 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOREIGN LIABILITY - FOLLOWING FORM OM—M The following exclusion is added to Section IV - EXCLUSIONS: ® Any "bodily injury," "property damage," "personal injury," or "advertising injury" which occurs outside the United States of America, its territories and possessions, Puerto Rico, or Canada, except to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance, and for no broader coverage than is provided by such policy. O I" .ram This endorsement does not change any other provision of the policy. s � N O f CU63440697 COMMERCIAL UMBRELLA CU 64 00 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTERIOR INSULATION AND FINISH SYSTEM EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA COVERAGE PART A. The following exclusion is added to SECTION IV. -EXCLUSIONS: This insurance does not apply to: "Bodily injury," "property damage," "personal injury," "advertising injury" or"personal or advertising injury" arising out of, caused by, or attributable to, whether in whole or in part, the following: 1. The design, manufacture, construction, fabrication, preparation, distribution and sale, installation, application, maintenance or repair, including remodeling, service, correction, or replacement, of any "exterior insulation and finish system," 'or any part thereof, or any substantially similar system or any part thereof, including the application or use of conditioners, primers, accessories, (lashings, coatings, caulking or sealants in connection with such system; or 2. "Your product" or "your work" with respect to any exterior component, fixture or feature of any structure if an "exterior insulation and finish system," or any substantially similar system, is used on the part of that structure containing that component, fixture or feature. B For the purposes of this exclusion, the following definition is added to SECTION V. DEFINITIONS: "Exterior insulation and finish system" means a non-load bearing exterior cladding or finish system, and all component parts therein, used on any part of any structure, and consisting of: 1. A rigid or semi-rigid insulation board made of expanded polystyrene and other materials; 2. The adhesive and/or mechanical fasteners used to attach the insulation board to the substrate; 3. A reinforced or unreinforced base coat; 4. A finish coat providing surface texture to which color may be added; and 5. Any flashing, caulking or sealant used with the system for any purpose. This endorsement does not change any other provision of the policy. 02010 Liberty Mutual Insurance Company,All rights reserved. CU 64 00 12 04 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page i of 1 COMMERCIAL UMBRELLA CU 64 30 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 UMBRELLA COVERAGE PART The following is added to Section IV -Exclusions: " This insurance does not apply to: aa� 1. "Bodily injury", or "property damage", "personal injury" or "advertising injury" which would not have occurred, in whole or in part, but for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any "fungi" or bacteria on or within a a Mem building or structure, including its contents. 2. Any loss, cost or expenses arising out of the abating, testing for, monitoring, cleaning up, remov- ing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, "fungi," or bacteria, by any "Insured" or by any other person or entity. " This exclusion does not apply to any "fungi" or bacteria that are, are on, or are contained in, a good or product intended for bodily consumption, but only to the extent that Insurance is provided by a policy listed in the Schedule of Underlying Insurance, and for no broader coverage than is provided by such policy, For the purposes of this endorsement, "fungi" means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or by- products produced or released by fungi. This endorsement does not change any other provision of the policy. 5 n CU 64 30 12 04 includes copyrighted material of Insurance Services Office,with its permission_ Page 1 of 1 CU 64 32 (Ed. 03 99) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON ASBESTOS EXCLUSION Exclusion N. is deleted from Section IV.-EXCLUSIONS and is replaced by the following: Any liability, including, but not limited to settlements, judgments, costs, charges, expenses, costs of inves- tigations, or the fees of attorneys, experts, or consultants arising out of or related in any way, either directly or indirectly, to: 1. the inhalation, ingestion 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. This endorsement does not change any other provision of the policy. a 9 CU 64 32 03 99 Page 1 of 1 COMMERCIAL UMBRELLA CU 64 79 06 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF THE LAW EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA COVERAGE PART The following exclusion is added to Section IV- Exclusions: 0— This insurance does not apply to: Any liability arising directly or indirectly out of any action or omission that violates or is alleged to --� violate: s 1. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; 2. The CAN-SPAM Act of 2003, including any amendment of or addition to such law; 3. The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or s 4. Any federal, state or local statute, ordinance or regulation, other than TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, , that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. This endorsement does not change any other provision of the policy. CU 64 79 05 09 Includes copyrighted material of Insurance Services Office,with its permission. Page 1 of 1 CU 64 82 07 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - ELECTRONIC DATA This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA COVERAGE PART A. The following exclusion is added to Section IV. EXCLUSIONS: This insurance does not apply to: Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data". This exclusion does not apply to liability for damages because of"bodily injury", but only to the extent that insurance is provided for such damages by a policy listed in the Schedule of Underlying Insurance, and for no broader coverage than is pro- vided by such policy. B. Section V. DEFINITIONS is amended as follows: 1. Definition M. is replaced by the following: M. "Property damage" means: I. physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or 2. loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the 'occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. 2. For the purposes of this endorsement, the following definition is added: "Electronic data" means, information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. This endorsement does not change any other provision of the policy. N O S ® 2014 Liberty Mutual Insurance.All rights reserved_ CU 64 82 07 14 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 CU 64 87 10 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECONOMIC OR TRADE SANCTIONS CONDITION ENDORSEMENT The following is added to Section VI -CONDITIONS: Economic or Trade Sanctions If coverage for a claim or suit under this policy is in violation of any United States of America economic or trade sanctions, including but not limited to, sanctions administered and enforced by the United States Treasury Department's Office of Foreign Assets Control ("OFAC"), then coverage for that claim or suit will be null and void. This endorsement does not change any other provision of the policy. m to CU 64 87 10 05 CU 64 92 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MOBILE EQUIPMENT - FOLLOWING FORM This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA COVERAGE PART 1. The following exclusion is added to Section IV. -EXCLUSIONS: This insurance does not apply to: Any liability for or arising out of the ownership, maintenance, use or entrustment to others of any "mobile equipment". Use includes operation and 'loading" or "unloading". This exclusion applies even if the claims against any 'Insured" allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by the "Insured". This exclusion does not apply to the extent that insurance for such liability is provided by a policy listed in the Schedule of Underlying Insurance, and for no broader coverage than is provided by such policy 2. Paragraph 1. under Section V. DEFINITIONS is replaced by the following: I. "Mobile equipment" means mobile equipment as it is defined in the applicable "underlying insur- ance". This endorsement does not change any other provision of the policy, 2012 Liberty Mutual Insurance CU 64 92 01 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 CU 64 96 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance, and for no broader coverage than is provided by such policy. This endorsement does not change any other provisions of the policy. r s a CU 64 95 12 07 COMMERCIAL UMBRELLA CU 55 08 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA COVERAGE FORM A. The following exclusion is added: This insurance does not apply to: TERRORISM PUNITIVE DAMAGES Damages arising, directly or indirectly, out of a "certified act of terrorism" that are awarded as punitive damages. B. The following definition is added.- "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for injury or damage that is otherwise excluded under this policy. This endorsement does not change any other provision of the policy. s x 2015 Liberty Mutual Insurance CU 66 08 01 15 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 COMMERCIAL UMBRELLA CU 88 01 12 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAR LIABILITY EXCLUSION This endorsement modifies insurance provided under the following, COMMERCIAL UMBRELLA COVERAGE PART Exclusion M. under Section IV - Exclusions Is replaced by the following: r--- This insurance does not apply to: M. "Bodily injury", "property damage", "personal injury" or "advertising injury", however caused, i� arising, directly or Indirectly, out of: 1. War, including undeclared or civil war; or 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 a other agents; or MEE 3. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. This endorsement does not change any other provision of the policy. N CU 88 01 12 02 Includes copyrighted material of Insurance Services Office,with its permission. Page 1 of 1 COMMERCIAL UMBRELLA CU 88 02 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON-CUMULATION OF LIABILITY (SAME OCCURRENCE) This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA COVERAGE PART The following is added to paragraph D. under SECTION If - LIMITS OF INSURANCE: Non-Cumulation of Liability - Same Occurrence - If one "occurrence" causes "bodily injury" or "property damage" during the policy period and during the policy period of one or more prior, or future, commercial umbrella policy(ies) issued to you by us, then this policy's Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policy(ies) because of such "occurrence." This endorsement does not change any other provision of the policy. N CU 88 02 05 09 Includes copyrighted material of Insurance Services Office,with its permission. Page 1 of 1 COMMERCIAL UMBRELLA CU 88 27 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON EMPLOYMENT-RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA COVERAGE PART Exclusion O. under Section IV - Exclusions is replaced by the following: This insurance does not apply to: 7mm O. Bodily injury", personal injury or advertising injury to: 1. A person arising out of any; 999MR a. Refusal to employ that person; b. Termination of that person's employment; or e c. Employment-related practices, policies, acts or omissions, such as coercion, demotion, l� evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or 2. The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment-related practices described in Paragraphs 1,8., 1.b., or i.c. above is directed. This exclusion applies: 1. Whether the injury-causing event described in Paragraphs 1.a., 1.b. or 1.c. above occurs before employment, during employment or after employment of that person; 2. Whether the insured may be liable as an employer or in any other capacity; and 3. To any obligation to share damages with or repay someone else who must pay damages because of the injury. However, Paragraphs Il.a. and 2. of this exclusion do not apply if such "bodily injury", "personal injury" or "advertising injury" is sustained by any employee of the insured whose employment is subject to the Industrial Insurance Act of Washington (Washington Revised Code Title 51). This endorsement does not change any other provision of the policy. tt CU 88 27 12 07 Includes copyrighted material of Insurance Services Office,with its permission Page 1 of 1 g 10 6 06ed -uo!ssmad s;! 4pm"oul'ooWo saouueS eoueJnsul)o leualew pej^Adoo sapnloul ti{ 10 OE 88 n0 .PaNesaJ siU6!J lIH'aouemsul lonlnW Alvaq!l V4OZ ,Jn000 of un6aq seq Jo paJJno -oo seu „a6ewep Apadoid„ Jo „knfui Allpoq„ leyl sueaw Jatl;o Aue Aq aJenne sawooa9 '£ Jo :,,a6ewep AliadoJd„ Jo „tinfu! Allpoq„;o asneoaq sa6ewep Jo; „w!elo„Jo puewap fegaaA Jo UOU!JM a saA!aoaU •Z :Jamsui Jau;o Aue Jo sn of „96ewep Auedoid„ Jo „Ajnfui Allpoq. ay; ;o '7ped Aue Jo 'Ile spoda�j •I, Jo „9ouajjn=o„us ;o x ao!lou aAlaoaJ Jo aA16 o; noA Aq pammane aaAoldwa Aue Jo 'SNOI11NIAa 'A N01103S Japun j uo1pu6ap ;o v Jo •£ '•Z '•e•I, sydeJ6eJed Japun pals!l „pamsul„ Aue uayna awll ;sapea ay; Is paaJn000 anew of unnou)I uaaq aney o; pawaap aq ll!nn „a6ewep ApedoJd„ Jo „AJnfu! 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Damages because of "bodily injury" include damages claimed by any person or organizati on for care, loss or services or death resulting at any time from the "bodily injury". B. SECTION II. LIMITS OF INSURANCE is amended as follows: 1. Paragraph B. is replaced by the following: B. The General Aggregate Limit is the most we will pay for all damages covered under SECTION I. COVERAGE of the INSURING AGREEMENTS, except: 1. Damages included in the "products-complete operations hazard"; and 2. Coverages included in the policies listed in the Schedule of Underlying Insurance to which no underlying aggregate limit applies. The amount stated on the Declarations as the General Aggregate Limit is the most we will pay for all damages arising out of any "bodily injury", "property damage" or "personal and ad- vertising injury" subject to an aggregate limit in the "underlying insurance". The General Aggregate applies separately and in the same manner as the aggregate limits in the s "underlying insurance". _ 2. Paragraph D. is replaced by the following: D. Subject to B. or C. in SECTION IL LIMITS OF INSURANCE, whichever applies, the Each Occur- rence Limit is the most we will pay for "bodily injury", "property damage" or "personal and advertising injury" covered under SECTION I. COVERAGE of the INSURING AGREEMENTS $ =� because of all: 1. "Bodily injury" or"property damage" arising out of one "occurrence"; and 2. "Personal and advertising injury" arising out of one "offense". 3. Provision 2.of paragraph G. is replaced by the following: 2. the amount stated in the Declarations as the Self- Insured Retention as a result of any one "occurrence" or one "offense" not covered by the underlying policies listed in the Schedule of Underlying Insurance nor by any other insurance providing coverage to the "Insured" during the Policy Period; C. SECTION III. DEFENSE is amended as follows: 1. Paragraph A. is replaced by the following: A. We will have the right and duty to investigate any "claim" and defend any "suit" seeking damages covered by the terms and conditions of the policy when: 1. The applicable Limits of Insurance of the underlying policies listed in the Schedule of Underlying Insurance and the Limits of Insurance of any other insurance providing cov- erage to the "insured" have been exhausted by actual payment of"claims" for any "occur- rence" or"offense" to which this policy applies; or 2. Damages are sought for any one "occurrence" or "offense" which is covered by this policy but not covered by any underlying policies listed in the Schedule of Underlying Insurance or any other insurance providing coverage to the "Insured". 2. Paragraph B.1. is replaced by the following: 1. We will investigate any "claim" and defend any "suit" against the "Insured" seeking damages s on account of any "occurrence" or "offense" covered by this policy. We have the right to investigate, defend and settle the "claim" or "suit" as we deem expedient. 3. Paragraph D. is replaced by the following: D. In all other instances except paragraph A. in SECTION Ill. DEFENSE,we will not be obligated to assume charge of the investigation, settlement or defense of any "claim" or "suit" against the "Insured." We will, however, have the right and will be given the opportunity to participate in the settlement, defense and trial of any "claim" or "suit" relative to any "occurrence" or "offense" which, in our opinion, may create liability on our part under the terms of this policy. If we exercise such right, we will do so at our own expense. ® 2014 Liberty Mutual Insurance.All rights reserved. CU 88 30 07 14 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 6 D. SECTION IV. EXCLUSIONS is amended as follows: 1. Exclusion J. is replaced by the following: This insurance does not apply to: J. "Personal and advertising injury": 1. Caused by or at the direction of the "Insured" with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury". 2. Arising out of oral or written publication, in any manner, of material, if done by or at the direction of the "Insured" with knowledge of it falsity. 3. Arising out of oral or written publication, in any manner, of material whose first publica- tion took place before the beginning of the Policy Period. 4. Arising out of a criminal act committed by or at the direction of the "Insured". S. For which the "Insured" has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages the "Insured" would have in the absence of the contract or agreement.. 6. Arising out of a breach of contract, except an implied contract to use another's advertising idea in your "advertisement". 7. Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". B. Arising out of the wrong description of the price of goods, products or services stated in your "advertisement". 9. Arising out of the infringement of copyright, patent, trademark, trade secret or other in- tellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in your "advertisement". However, this exclusion does not apply to infringement, in your "advertisement", of copy- right, trade dress or slogan. 10. Committed by an "Insured" whose business is: a. Advertising, broadcasting, publishing or telecasting; b. Designing or determining content of web-sites for others; or c. An Internet search, access, content or service provider. However, this exclusion does not apply to paragraphs K.1., K.2. or K.3. of the definition of "personal and advertising injury" under SECTION V. DEFINITIONS. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. 11. Arising out of an electronic chatroom or bulletin board the "Insured" hosts, owns or over $ which the "Insured" exercises control. 12. Arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential cus- tomers. 2. Exclusion K.is deleted. E. SECTION V. DEFINITIONS is amended as follows: 1. Definition A. is deleted and replaced by the following: A. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting cus- tomers or supporters. For the purposes of this definition: I. Notices that are published include material placed on the Internet or on similar electronic means of communication; and It 2014 Liberty Mutual Insurance.All rights reserved. CU 88 30 07 14 Includes copyrighted material of Insurance Services Office,16c.,with its permission. Page 3 of 6 2. Regarding web-sites, only that part of a web-site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an adver- tisement. 2. The following is added to definition C.: "Bodily injury" does not include "bodily injury" arising out of"personal and advertising injury". 3. Definition D. is replaced by the following: "Claim" means any demand for monetary damages upon any "Insured" resulting from a covered "occurrence" or "offense". 4. Definition J. is replaced by the following: J. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 6. Definition K.is deleted and replaced by the following: —� K. "Personal and advertising injury" means injury other than "bodily injury", arising out of one or more of the following offenses: 1. False arrest, detention or imprisonment; e= 2. Malicious prosecution; 3. The wrongful eviction from, wrongful entry into, or invasion of the right of private occu- § pancy of a room, dwelling or premises that a person occupies, committed by or on behalf of the owner, landlord or lessor; 4. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services;. 6. Oral or written publication, in any manner, of material that violates a person's right of privacy; a " 6. The use of another's advertising idea in your "advertisement"; or 7. Infringing upon another's copyright, trade dress or slogan in your "advertisement". "Personal and advertising injury" includes "consequential bodily injury". 6. The following definitions are added: "Consequential bodily injury" means "bodily injury" arising out of "personal and advertising in- jury". "Offense" means an offense included in the definition of "personal and advertising injury". All damages that arise from exposure to the same act, publication or infringement are considered one "offense". F. SECTION VI. CONDITIONS is amended as follows: 1. Condition F.is amended as follows: a. The title is replaced by the following: F. Duties In the Event Of An Occurrence, Offense, Claim Or Suit b. Paragraph 1. is replaced by the following: 1. You must see to it that we are notified as soon as practicable of an "occurrence -- or "offense" which may result in a"claim" or "suit" under this policy. To the extent possible, notice will include: a. How, when and where the "occurrence" or "offense" took place; b. The names and addresses of any injured person and witnesses; c. The nature and location of any injury or damage arising out of the "occurrence" or "offense". O 2014 Liberty Mutual Insurance.All rights reserved. CU 88 30 07 14 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 5 2. Paragraph 3. of Condition I. is replaced by the following: 3. that the Limits of Insurance of the policies listed in the Schedule of Underlying Insurance will be maintained except for any reduction or exhaustion of aggregate limits by payment of "claims" or"suits" for 'occurrences" or "offenses" covered by "underlying insurance`; and G. Wherever the defined term, "personal injury" or "advertising injury", appears in the following, such terms are deleted and replaced by the combined defined term "personal and advertising injury": 1. Commercial Umbrella Coverage Form provisions: a. Exclusions O., P.and Q. under SECTION IV. EXCLUSIONS; or b. Definitions F.and N. under SECTION V. DEFINITIONS; or 2. Any endorsements that are made a part of this policy. This endorsement does not change any other provision of the policy. 2014 Liberty Mutual Insurance.All rights reserved. CU 88 30 07 14 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 5 of 6 CU 88 39 07 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF DEFINITION OF INSURED This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA COVERAGE PART Paragraph F.S. under SECTION V. DEFINITIONS is replaced by the following: 5. Any person or organization who qualifies as an insured in the "underlying insurance" and does not qualify as an "Insured" in paragraphs 1., 2., 3.,4., 6., 7., or B. of this definition F.,but not beyond the s extent of any limitation imposed under any contract or agreement. However: N a. The coverage provided to such person or organization by this insurance: (1) Applies only to the extent permitted by law; and (2) Will not be broader than the coverage afforded by the applicable "underlying insurance"; s s=, and b. If coverage provided to such person or organization is required by a contract or agreement, the limits of insurance afforded to that person or organization will be: (1) The difference between the applicable "underlying insurance" limits and the minimum limits of insurance which you agreed to provide in a contract or agreement; or (2) The amount of insurance available under the applicable Limits of Insurance shown in the Declarations of this policy whichever is less. If the minimum limits of insurance you agreed to provide such person or organization in a contract or agreement are wholly within the "underlying Insurance", this policy shall not apply. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. This endorsement does not change any other provision of the policy. © 2014 Liberty Mutual Insurance.All rights reserved. CU 88 39 07 14 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 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Slhlois oxa 'Al N01103S japun•-i uolsnlox3 ladd 30VNgA00 rIl3myn IVIoa3WW00 :6umollo; ayl Japun pap!Aoid eoueinsu! sag!pow )uewasiopue slyl NOISMOX3 NOunllOd d0 1N3WON3Wd wimamwo 11 CIVEIN 3SVMd 'AOI10d 3Hl S30NVHD 1NM31Sa00N3 SIHl O6 ZO 4b 88 no V113sgwn 1VIOa3WWOO (6) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor. (7) Fuels, lubricants, fluids, exhaust gases or other similar "pollutants that are needed for or result from the normal electrical, hydraulic or mechanical functioning of an "auto" covered by "scheduled underlying insurance" or its parts, if: (a) The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollu- tants"; and (b) The "bodily injury" or "property damage" does not arise out of the operation of any equipment listed in paragraphs 6.b. and 6.c. of the definition of"mobile equipment". (8) "Occurrences" that take place away from premises owned by or rented to an "Insured" with respect to "pollutants" not in or upon an "auto" covered by "underlying insurance" if. (a) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of an "auto" covered by "underlying insur- ance"; and (b) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused m directly by such upset, overturn or damage. s eg�m However, the exceptions to this exclusion L. in paragraphs (1), (2), (3), (4), (5), (6), (7) or (8) above apply only to the extent that insurance is afforded for such "bodily injury" or "property damage" by "underlying insurance". Provided, however, that the coverage afforded by this policy will be no broader than the coverage afforded by such "underlying insurance": Regardless of the extent of "underlying insurance", none of the exceptions to this exclusion L. in paragraphs (1), (2), (3), (4), (5) or (6) above apply with respect to "bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or " escape or "pollutants": (i) At or from any premises site or location which is or was at any time used by or for any "Insured" or others for handling, storage, disposal, processing or treatment of waste; or (ii) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for any "Insured", or any person or organization for whom you may be legally respon- sible; or (III) At or from any premises, site or location on which any "Insured" or any contractors or subcontrac- tors working directly or indirectly on any "Insured's" behalf are performing operations if the oper- ations 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". Paragraph 2. of this exclusion L.does not apply to liability for damages because of"property damage" that the "Insured" would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority to the extent that insurance is afforded for such damages by "underlying insurance". Provided, however, that the cov- erage afforded by this policy will be no broader than the coverage afforded by such "underlying insur- ance". As used in this exclusion: "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including, but not limited to, smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste material. Waste material includes materials which are intended to be or have been recycled, reconditioned or reclaimed. This endorsement does not change any other provision of the policy. 02010 Liberty Mutual Insurance Company.All rights reserved. CU 88 41 02 10 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 2 COMMERCIAL UMBRELLA CU 89 19 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF WATERCRAFT EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA COVERAGE PART Provision 2.of paragraph 0. under Section IV. EXCLUSIONS is replaced by the following: This insurance does not apply to: 0. The following items 1, through 4., except to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance, and for no broader coverage than is provided by such policy: 2. 'Bodily injury" or "property damage" arising out of the ownership, maintenance, use or en- trustment to others of any watercraft if such watercraft is owned by, or chartered without a crew by or on behalf of, any "Insured". Use includes operation and "loading" or "unloading". This exclusion applies even if the claims against any 'Insured" allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by the "Insured". This exclusion does not apply to a watercraft while ashore on premises you own or rent. This endorsement does not change any other provision of the policy. © 2012 Liberty Mutual Insurance CU 89 119 01 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 COMMERCIAL UMBRELLA CU 89 21 07 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF AIRCRAFT EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA COVERAGE PART Provision 3.of paragraph Q. under Section IV. EXCLUSIONS is replaced by the following: This insurance does not apply to: s Q. The following items 1. through 4., except to the extent that such Insurance is provided by a policy listed in the Schedule of Underlying Insurance, and for no broader coverage than is provided by a such policy: 3. 'Bodily injury" or "property damage" arising out of the ownership, maintenance, use or en- trustment to others of any aircraft, if such aircraft is owned or operated by or rented or loaned s to any "Insured". Use includes operation and 'loading" or "unloading". This exclusion applies even if the claims against any 'Insured" allege negligence or other wrongdoing in the supervi- sion, hiring, employment, training or monitoring of others by the 'Insured". This endorsement does not change any other provision of the policy. s b ® 2015 Liberty Mutual Insurance CU 89 2107 15 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 1 COMMERCIAL UMBRELLA CU 89 40 05 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CRISIS MANAGEMENT COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA COVERAGE FORM SCHEDULE Crisis Management Expense Aggregate Limit: $250,000 Liberty Mutual Preferred Public Relations Vendor: Weber Shandwick [Liberty Mutual Claims: 1-800-362-0000 For purposes of coverage afforded by this endorsement only: A. The following is added to Section I. COVERAGE: CRISIS MANAGEMENT COVERAGE We will pay those sums necessary to reimburse you, or pay on your behalf, "crisis management expenses" arising from an"insured crisis event" to which this insurance applies. But: 1. This insurance applies only if: a. The "insured crisis event" commences during the policy period; b. The "insured crisis event" did not arise out of any fact, circumstance, pre-existing condition, or situation, that you, prior to the inception date of this policy, knew, or reasonably should have known, could lead to, cause or result in an "insured crisis event"; c. You notify us by telephone at the number listed for Liberty Mutual Claims as shown in the Schedule above within 7 days of the "insured crisis event"; d. The "crisis management expenses" are first incurred within 15 days after the "insured crisis event' commences; e. The "crisis management expenses" are not incurred more than 120 days after the commence- ment of the "insured crisis event"; and f. A claim for reimbursement of "crisis management expenses" is submitted within 120 days after incurring such "crisis management expenses." s 2. We will have no duty under this Crisis Management Coverage to defend the "Insured" against any claim, suit or action seeking damages. 3. Payment of any "crisis management expenses" under the Crisis Management Coverage endorse- s meet is in addition to, and will not reduce, any other Limits of Insurance under this policy, and will not be determinative of our obligations under this policy with respect to any claim or "suit", including any duty to defend or indemnify any "insured" for such claim or "suit". 4. The amount we will pay is limited as described in Paragraph C.of the Crisis Management Coverage endorsement. S. An "insured crisis event" will be deemed to commence at the time when any of your "key execu- tives" first become aware of the man-made emergency situation that resulted in the "insured crisis event." 2016 Liberty Mutual Insurance. CU 89 40 05 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 4 B. The following exclusions are added to Section IV. EXCLUSIONS: This coverage does not apply to: 1. Newly Acquired or Formed Organizations "Crisis management expenses" incurred by any organization you newly acquire, control or form, if the "insured crisis event" which led to such "crisis management expenses" commenced before you acquired, controlled or formed such organization. 2. Infectious Diseases or Illnesses "Crisis management expenses" arising out of any infectious diseases or illnesses caused by any bacterium, virus, or fungus. However, this exclusion does not apply to "crisis management ex- - — penses" arising out of food-borne illnesses. 3. Intentional Acts by You Intentional acts by you or your employees, provided that such acts were performed with the knowl- edge that it would directly lead to an "insured crisis event." C. The following is added to Section II. LIMITS OF INSURANCE: The Crisis Management Expense Aggregate Limit shown in the Schedule of the Crisis Management Coverage endorsement is the most we will pay for the sum of all "crisis management expenses" to which this endorsement applies, regardless of the number of: s i� 1. "Insureds"; I= 2. "Insured crisis events'; 3. Persons or organizations making claims. D. The following are added to Section V. DEFINITIONS: 1. "Insured crisis event" means an "occurrence" resulting from a man-made emergency situation, including, but not limited to: a. Intentional acts, except those committed by you or your employees, such as arson, a bombing, taking of hostages, a mass shooting, or terrorism (if coverage under the Terrorism Risk Insur- ance Act is elected under the policy); b. A building, structure or equipment collapse; c. An automobile, watercraft or aircraft accident; d. Spread of food-borne illness; or e. An explosion; that a"key executive" reasonably believed in good faith has resulted, or may result, in: a. (1) Damages in excess of the "Retained Limit" because of "bodily injury" or "property dam- age" to which this insurance applies; or (2) Multiple deaths, bums, dismemberment injuries, traumatic brain injuries, permanent pa- ralysis injuries; and b. Significant adverse regional or national media coverage about you. 2. "Crisis management expenses": a. Means the following reasonable and necessary fees and expenses following an "insured crisis event": (1) Expenses incurred directly by our Liberty Mutual Preferred Public Relations Vendor shown in the Schedule for the purpose of maintaining and restoring public confidence in you. (2) Expenses incurred by the public relations vendor that was held on retainer by you at the time of the "insured crisis event" for providing public relations and media management services, but only for those expenses required for the purpose of maintaining and restoring public confidence in you related to the "insured crisis event." © 20161-iberly Mutual insurance. CU 89 40 05 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 4 (3) Expenses incurred directly by your operations for the purpose of maintaining and restoring public confidence in you. These expenses may include printing, advertising, or mailing of materials to manage reputational risk. (4) Costs of overtime paid to your regular non- salaried employees and costs incurred by your employees, including costs of transportation and accommodations, for the purpose of providing public relations and media services. (5) Expenses you advance to third parties directly harmed by the "insured crisis event' for the purpose of mitigating the harm. These expenses may include funeral, psychological or grief counseling, temporary living, and travel expenses. b. Does not include: (1) Any damages imposed upon any 'Insured", including but not limited to any fine, sanction, penalty or punitive or exemplary damages, plus any equitable, injunctive or other non- monetary relief. (2) Any expenses you incur in the investigation, defense or settlement of a claim, suit or action for "bodily injury" or "property damage" or "personal injury," "advertising injury" or "personal and advertising injury" arising out of an"insured crisis event." (3) The base salary or wages of any of your employees. (4) Any ransom payment or other expense incurred to meet a demand made to redeem a hostage or captive. (5) Expenses incurred by any public relations or crisis management firm that is not listed as a Liberty Mutual Preferred Public Relations Vendor in the Schedule, or that was not held on retainer by you at the time of the "insured crisis event." (6) Any retainers or other contracted fees you paid a professional crisis management firm, public relations, media relations, or similar firm prior to an"insured crisis event." (7) Damages arising out of any employment-related practices, such as refusal to employ, termination, or any other practices, policies, acts or omissions, such as coercion, demo- tion, evaluation, reassignment, discipline, defamation, harassment, humiliation or dis- crimination directed at any person. 3. "Key executive" means: a. Chief Executive Officer; b. Chief Operating Officer; c. Chief Financial Officer; d. President; e. General Counsel or Chief Legal Officer; f. General Partner (if you are a partnership) or Sole Proprietor (if you are a proprietorship); c g. Any person acting in the same capacity as any position listed in Paragraph a. through e. above; and h. Any risk manager responsible for insurance matters, or any other lawfully elected or appointed executive officer, official, director, trustee or commissioner that is responsible for insurance e matters. 4. Definition D. of the policy does not apply to this endorsement. E. The following is added to Section VI. Conditions: Duties In the Event of an Insured Crisis Event 1. In the event you did not have a public relations or crisis management firm held on retainer at the time of the "insured crisis event' and would like to utilize a Liberty Mutual Preferred Public Rela- tions Vendor, you must notify both the Liberty Mutual Preferred Public Relations Vendor and Liberty Mutual Claims at the phone number listed in the Schedule within 7 days of an 'Insured crisis event." ® 2016 Liberty Mutual Insurance. CU 89 40 06 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 4 Due to the emergent nature of claims under this coverage, there may be circumstances in which expenses are incurred by a Liberty Mutual Preferred Public Relations Vendor prior to our having the opportunity to determine whether those expenses will be covered under this policy. In those cir- cumstances, we will reimburse or pay expenses incurred for services from our Liberty Mutual Preferred Public Relations Vendor prior to our making a coverage determination. We reserve the right to decline expenses incurred after we have informed you that the claim is not covered. 2. In the event you choose to use the public relations or crisis management vendor that you held on retainer at the time of the "insured crisis event," or choose not to use any vendor, you must notify Liberty Mutual Claims at the phone number listed in the Schedule within 7 days of an "insured crisis event." 3. Additionally, —� you must provide us with written notice as soon as practicable. To the extent possible, such written notice should include: a. How, when and where the "insured crisis event" took place; b. The names and addresses of any affected parties and witnesses; and �- c. The nature and location of any injury or damage arising out of the "insured crisis event." This endorsement does not change any other provision of the policy. 0 s I� 0 ® 2016 Liberty Mutual Insurance. CU 89 40 05 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 4 COMMERCIAL UMBRELLA CU 89 45 10 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA-RELATED LIABILITY - WITH LIMITED BODILY INJURY EXCEPTION EXCLUSION A. The following exclusion is added to Section IV -EXCLUSIONS: This insurance does not apply to: Any liability, damages, loss, injury, demand, "claim" or "suit" arising out of: 1. Any access to or disclosure of any person's or organization's confidential or personal information, including but not limited to patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or 2. The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data". This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses, fines, penalties (including but not limited to, fees or surcharges from affected financial institutions) or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However, unless Paragraph 1 above applies, this exclusion does not apply to damages because of "bodily injury". B. The following definition is added to Section V-DEFINITIONS: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmit- ted to or from computer software, including but not limited to systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. This endorsement does not change any other provisions of the policy. ® 2014 Liberty Mutual Insurance. CU 89 45 10 14 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 M Libelrt M L1111r,, n 4SUR:,ar,ide Policyholder Information Named lnnsured&Mailing Address Agent Meiling Address &Phone No. GLENN 'I°HOMSON & BILL FEALY D A: (877) 861-4595 KNOTTY TREE SERVICE BELL ANDERSON AGENCY INC PO Box 473 600 SW 39TH ST STE 200 South Prairie, WA 98385-0473 RENTON, WA 98057-4919 G Dear Policyholder: MMAIMMMAWAM We know you work hard to build your business, We work together with your agent, « a BELL. ANDERSON AGENCY INC (877) 861-4595 to help protect the things you care about. Thank you for selecting us. Enclosed are your insurance documents consisting of: Business Auto To find your specific coverages, limits of liability, and premium, please refer to your Declarations page(s). If you have any questions or changes that may affect your insurance needs, please contact your Agent at (877) 861-4595 Detach the ID Card located at the back of the policy Verify that all information is correct If you have any changes, please contact your Agent. at (877) 861-4595 Reminder In case of a claim, call your Agent or 1-800-362-0006 You Need To Know • AUTO I.D. (ARDS ARE INCLUDED AT THE BACK Ole THE POLICY and can be used as evidence of insurance and provide you with information on what to do in case of an accident. • CONTINUED ON NEXT PAGE To report a claim, call your Agent or 1-800.362-0000 DS 70 20 01 08 You Need To Know - continued NOTICE(S)TO POLICYHOLDERS) The Important Notice(s) to Policyholder(s) provide a general explanation of changes in coverage to your policy. The Important Notice(s) to Policyholder(s) is not a part of your insurance policy and it does not alter policy provisions or conditions. Only the provisions of your policy determine the scope of your insurance protection. It is important that you read your policy carefully to determine your rights, duties and what is and is not covered. FORM NUMBER TITLE NP 74 44 09 06 U.S. Treasury Department's Office of Foreign Assets Control (OFAC) Advisory Notice to Policyholders NP 88 01 09 08 Important Information About Driving Outside of the United States and Proof of Auto Insurance NP 89 71 09 10 Important Policyholder Information Concerning Billing Practices Liberty Northwest This policy will be direct billed. You may choose to combine any number of policies on one bill with your billing account. Please contact your agent for more information. NP 74 44 09 06 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives i= issued by OFAC. Please read this Notice carefully. n � Please refer any questions you may have to your insurance agent. r� The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presiden- tial declarations of"national emergency". OFAC has identified and listed numerous: t • Foreign agents; • Front organizations; • Terrorists; • Terrorist organizations; and • Narcotics traffickers; as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's web site -http//www.treas.govtofec. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC.Other limitations on the premiums and payments also apply. ® 2011 Liberty Mutual Insurance.All rights reserved. NP 74 44 09 06 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 NP88010908 IMPORTANT INFORMATION ABOUT DRIVING OUTSIDE OF THE UNITED STATES AND PROOF OF AUTO INSURANCE THIS NOTICE DOES NOT PROVIDE ANY COVERAGE, NOR CAN IT BE CONSTRUED TO REPLACE ANY PROVISIONS OF YOUR POLICY. YOU SHOULD READ YOUR POLICY AND REVIEW YOUR POLICY DECLARATIONS FOR COMPLETE INFORMATION ABOUT THE COVERAGE THAT APPLIES. IF THERE IS ANY CONFLICT BETWEEN THE POLICY AND THIS NOTICE, THE PROVISIONS OF THE POLICY PREVAIL. This notice provides you with information about territory provisions included in your policy. Your policy provides coverage for accidents or losses that occur within the policy period shown on the Declarations and within the policy territory. The policy territory is defined as the United States of America, its possessions (such as American Samoa, Guam and the U.S. Virgin Islands), Puerto Rico or Canada. While that is the case, in locations outside of the United States, authorities may not accept the Auto Identification Card we pro- vided to you with your policy as proof that you have insurance. For example, Canada requires non-resident operators to carry a special identification Card. For this reason, before you drive outside of the United States, be sure that you: • Familiarize yourself with the motor vehicle laws in the countries or territories you plan to drive in; and • Obtain a "Canada Non-Resident Inter-Province Motor Vehicle Liability Insurance Card" from your independent insurance agent when driving in Canada. In addition, because your policy's territory definition does not include Mexico, if you plan to drive in Mexico, contact your independent insurance agent to purchase Mexican Auto Insurance. Under Mexican laws, auto accidents are not just civil offenses. They are considered criminal offenses and, therefore, the consequences of driving uninsured can be severe. If you have any questions about this notice or the territory provisions of your policy, please contact your independent insurance agent. Your agent can answer your questions and, to the extent possible, ensure your coverage meets your insurance needs. NP 88 01 09 08 Page 1 of 1 NP 89 71 09 10 IMPORTANT POLICYHOLDER INFORMATION CONCERNING BILLING PRACTICES Dear Valued Policyholder: This insert provides you with important information about our policy billing practices that may affect you. Please review it carefully and contact your agent if you have any questions. Premium Notice: We will mail you a policy Premium Notice separately. The Premium Notice will provide you with specifics regarding your agent, the account and policy billed, the billing company, payment plan, policy number, transaction dates, description of transactions, charges/credits, policy amount balance, mini- mum amount, and payment due date. This insert explains fees that may apply to and be shown on your Em= Premium Notice. > N ar Available Premium Payment Plans: a Annual Payment Plan: When this plan applies, you have elected to pay the entire premium amount ® balance shown on your Premium Notice in full. No installment billing fee applies when the Annual Payment Plan applies. a • Installment Payment Plan: When this plan applies, you have elected to pay your policy premium in installments (e.g.: quarterly or monthly installments - Installment Payment Plans vary by state). As noted below, an installment fee may apply when the Installment Payment Plan applies. The Premium Payment Plan that applies to your policy is shown on the top of your Premium Notice. Please contact your agent if you want to change your Payment Plan election. Installment Payment Plan Fee: If you elected to pay your premiums in installments using the Installment Premium Payment Plan, an installment billing fee applies to each installment bill. The installment billing charge will not apply, however, if you pay the entire balance due when you receive the bill for the first installment. Because the amount of the installment charge varies from state to state, please consult your Premium Notice for the actual fee that applies. Dishonored Payment Fee: Your financial institution may refuse to honor the premium payment withdrawal request you submit to us due to insufficient funds in your account or for some other reason. If that is the case, and your premium payment withdrawal request is returned to us dishonored, a payment return fee will apply. Because the amount of the return fee varies from state to state, please consult your Premium Notice for the actual fee that applies. Late Payment Fee: If we do not receive the minimum amount due on or before the date or time the payment is due, as indicated on your Premium Notice, you will receive a policy cancellation notice effective at a future date that will also reflect a late payment fee charge. Issuance of the cancellation notice due to non-payment of a scheduled installment(s) may result in the billing and collection of all or part of any outstanding premiums due for the policy period. Late Payment Fees vary from state to state and are not applicable in some states. Special Note: Please note that some states do not permit the charging of certain fees. Therefore, if your r state does not allow the charging of an Installment Payment Plan, Dishonored Payment or Late Payment Fee,the disallowed fee will not be charged and will not be included on your Premium Notice. EFT-Automatic Withdrawals Payment Option: When you select this option, you will not be sent Premium Notices and, in most cases, will not be charged installment fees. For more information on our EFT-Auto- matic Withdrawals payment option, refer to the attached policyholder plan notice and enrollment sheet. Once again, please contact your agent if you have any questions about the above billing practice informa- tion. Thank you for selecting us to service your insurance needs. NP 89 71 09 10 0 2010 Liberty Mutual Insurance Company.All rights reserved. Page 1 of 1 .. .. .. .ice . . Tliis'page intentionally left blank, Policy Number Issued by THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES IN YOUR POLICY This endorsement applies to: CA 00 01 12 93-Business Auto Coverage Form CA 00 01 07 97-Business Auto Coverage Form CA 00 01 10 01 -Business Auto Coverage Form CA 00 01 03 06-Business Auto Coverage Form CA 00 05 12 93-Garage Coverage Form CA 00 05 07 97-Garage Coverage Form CA 00 05 10 01 -Garage Coverage Form _ CA 00 05 03 06-Garage Coverage Form �^ CA 00 12 12 93-Truckers Coverage Form s CA 00 12 07 97-Truckers Coverage Form CA 00 12 10 01 -Truckers Coverage Form CA 00 12 03 06-Truckers Coverage Form CA 00 20 12 93-Motor Carrier Coverage Form CA 00 20 07 97-Motor Carrier Coverage Form CA 00 20 10 01 -Motor Carrier Coverage Form CA 00 20 03 06-Motor Carrier Coverage Form This endorsement modifies the endorsements attached to the above coverage forms. 1. Any reference to Covered Autos Liability Coverage is changed to Liability Coverage. 2. Any reference in Physical Damage Coverage to 'loss" to any one covered "auto" is changed to "loss" in any one "accident." 3. Any reference to Auto Dealers Coverage Form is changed to Garage Coverage Form. 4. Any reference to Motor Carriers Coverage Form also applies to Truckers Coverage Form. a AC 00 31 01 14 0 2013 Liberty Mutual Insurance. All rights reserved. Page 1 of 1 CA 00 01 03 06 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. SECTION I - COVERED AUTOS Read the entire policy carefully to determine rights, duties and what is and is not covered, ITEM TWO of the Declarations shows the "autos" Throughout this policy the words "you" and that are covered "autos" for each of your cov- erages. The following numerical symbols de- "your" refer to the Named Insured shown in the scribe the "autos" that may be covered "autos". Declarations. The words "we", "us" and "our" The symbols entered next to a coverage on the refer to the Company providing this insurance. Declarations designate the only "autos" that are Other words and phrases that appear in quotation covered "autos". marks have special meaning. Refer to Section V - A. Description Of Covered Auto Designation Definitions. Symbols S mbol Description Of Covered Auto Designation Symbols 1 An "Auto" 2 Owned Only those "autos" you own (and for Liability Coverage any "trailers" "Autos" you don't own while attached to power units you own.) This includes Only those "autos" you acquire ownership of after the poligy begins. 3 Owned Only the private passenger "autos" you own. This includes those private Private passenger "autos" you acquire ownership of after the policy begins. Passenger "Autos" Only 4 Owned Only those "autos" you own that are not of the private passenger type "Autos" Other (and for Liability Coverage any "trailers" you don't own while attached Than Private to power units you own). This includes those "autos" not of the Passenger private passenger type you acquire ownership of after the policy begins. "Autos" Only 5 Owned Only those "autos" you own that are required to have No-Fault benefits "Autos" in the state where they are licensed or principally garaged. This Subject includes those "autos" you acquire ownership of after the policy begins To No-Fault provided they are required to have No-Fault benefits in the state where they are licensed or principallyara ed. 6 Owned Only those "autos" you own that because of the law in the state where "Autos" they are licensed or principally garaged are required to have and Subject cannot reject Uninsured Motorists Coverage. This includes those To A "autos" you acquire ownership of after the policy begins provided Compulsory they are subject to the same state uninsured motorists requirement. Uninsured Motorists Law r:7 Specifically Only those "autos" described in Item Three of Declarations for which s Described a premium charge is shown (and for Liability Coverage any "trailers" "Autos" ou don't own while attached to any power unit described in Item Three). 13 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include Only any "auto" you lease, hire, rent, or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability com an or members of their households. CA 00 01 03 06 OISO Properties, Inc., 2005 Page 1 of 13 Coverage is Provided In: Policy Number: Liberty Ohio Security Insurance Company BAS 117) 57 0117 57 M"'n. Policy Period: INSURANCE From 12/29/2016 To 12/29/2017 Common Policy Declarations 12:01 am Standard Time at Insured Marling Location Named Insured&Mailing Address Agent Mailing Address&Phone No. GLENN THOMSON & BILL FEALY DBA: (877) 861-4595 KNOTTY TREE SERVICE BELL ANDERSON AGENCY INC PO Box 473 600 SW 39TH ST STE 200 South Prairie, WA 98385-0473 RENTON, WA 98057-4919 Named Insured Is:PARTNERSHIP " Named Insured Business Is: TREE TRIMMING asp 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. a SUMMARY OF COVERAGE PARTS AND CHARGES This policy consists of this Common Policy Declarations page, Common Policy Conditions, Coverage Parts (which consist of coverage farms and other applicable forms and endorsements, if any, issued to form a part of them) and any other forms and endorsements issued to be part of this policy. COVERAGE PART CHARGES Business Auto $1,108.00 Total Charges for all of the above coverage parts: $1,108.00 Terrorism Coverage: $6.00 (Included) Note: This is not a bill N IMPORTANT MESSAGES Servicing Office Western Washington and Issue Date 11/07/16 Authorized Representative To report a claim, call your Agent or 1-800-362-0000 DS 70 42 01 08 11/07/15 57011757 POiSVCS 2S0 NCXFPPNO INSURED COPY 002028 PAGE 7 OF 52 Coverage Is Provided In: Policy Number: Ift Liberty Ohio Security Insurance Company BAS (17) 57 0117 57 Mutual. Policy Period: M INSURANCE From 12/29/2016 TO 12/29/2017 Common Policy Declarations 12:01 am Standard Time at Insured Mailing Location Named Insured Agent GLENN THOMSON & BILL FEALY DBA: (877) 861-4595 KNOTTY TREE SERVICE BELL ANDERSON AGENCY INC POLICY FORMS AND ENDORSEMENTS This section lists the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE AC 00 31 01 14 Changes in Your Policy CA 00 01 03 06 Business Auto Coverage Form CA 01 35 01 08 Washington Changes CA 21 34 01 08 Washington Underinsured Motorists Coverage CA 85 47 12 93 Temporary Substitute Auto - Physical Damage Insurance CA 85 53 12 93 Recreational Trailers and Boat Trailers CA 88 1001 10 Business Auto Coverage Enhancement Endorsement CA 99 03 03 06 Auto Medical Payments Coverage 1L 01 23 11 13 Washington Changes - Defense Costs IL 01 46 08 10 Washington Common Policy Conditions it, 01 98 09 08 Nuclear Energy Liability Exclusion Endorsement (Broad Form) In witness whereof, we have caused this policy to be signed by our authorized officers. DLXO g. �11 4ff-A-- Dexter Legg Paul Cdndrin Secretary President 1111011 to report a claim, call your Agent or 1-800-362-0000 1JS 70 21 01 08 11/07/16 57011757 POLSVCS 290 NCXFPPNO INSURED COPY 002028 PAGE 8 OF 52 Coverage is Provided In: Policy Number: Liberty Ohio Security Insurance Company BAS (17) 57 0117 57 Mutual. Policy Period: INSURANCE From 12/29/2016 To 12/29/2017 Business Automobile 12:01 am Standard Time Policy Declarations at Insured Mailing Location ITEM ONE: Named Insured Agent Ism GLENN THOMSON & BILL FEALY DBA: (877) 861-4595 KNOTTY TREE SERVICE BELL ANDERSON AGENCY INC 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 I particular coverage by the entry of one or more of the symbols from the COVERED AUTO Section of the Business si= Auto Coverage Form next to the name of the coverage. a� *See Business Auto Coverage Form CA 00 01 for Covered Auto Symbol Descriptions COVERAGES _ LIMIT PREMIUM Liability Insurance $1,000,000 each accident $661.00 Covered Auto Symbol(s) 07* Medical Payments $5,000 per person $49.00 Covered Auto Symbol(s) 07* Underinsured Motorist Coverage Limit $139.00 Washington Underinsured Motorists Bodily Injury and Property Damag0l,000,000 each accident - Covered Auto Symbol(s) 07* Physical Damage Refer to Item Three Comprehensive $58.00 Covered Auto Symbol(s) 07* Collision $145.00 n Covered Auto Symbol(s) 07* a Miscellaneous Coverages Business Auto Enhancement Endorsement $50.00 Terrorism Coverage $6.00 To report a claim, call your Agent or 1-800-362-0000 DS 70 43 01 08 11/07/16 57011757 POLSVCS 290 NCXFPPNO INSURED COPY 002028 PAGE 9 OF 52 Coverage Is Provided In: Policy Number: 1 bCI'ty Ohio Security Insurance Company BAS (17) 57 0117 57 Mutual. Policy Period: INSURANCE From 12/29/2016 To 12/29/2017 Business Automobile 12:01 am Standard rime Policy Declarations at Insured Mailing Location Flamed Insured Agent GLENN THOMSON & BILL FEALY DBA: (877) 861-4595 KNOTTY TREE SERVICE BELL ANDERSON AGENCY INC ITEM TWO: SCHEDULE OF COVERAGES AND COVERED AUTOS - continued Total Provisional Charges: $1,108.00 Note: This is not a bill SUMMARY OF COVERED VEHICLES UNIT YEAR MAKE/MODEL VIM TERR ST CLASS ZIP SYM/COST 001 2006 GMC/CHEVY C7EO42 1GBl7E1386F419469 033 46 21189 98321 S48,840 To report a claim, call your Agent or 1-800-362-0000 DS 70 43 01 08 11/07/16 S7011757 POLSVCS 290 NCXFPPNO INSURED COPY 002028 PAGE 10 OF 52 Coverage Is Provided In: Policy Number: Libc Ohio Security Insurance Company BAS (17) 57 0117 57 Mutual. Policy Period: INSURANCE From 12/29/2016 To 12/29/2017 Business Automobile 12:01 am Standard rime Policy Declarations at Insured Mailing Location Named Insured Agent GLENN THOMSON & BILL FEALY DBA: (877) 861-4595 KNOTTY TREE SERVICE BELL ANDERSON AGENCY INC N ITEM THREE: COVERED VEHICLES AND PREMIUM DETAIL UNIT 001 2006 GMC/CHEVY C7EO42 VIN: 1GBJ7E1386F419469 Rating CLASS SYM/COST TERRITORY RISK STATE RATING ZIP TOWN CODE g »= Factors 21189 $48,840 033 WA 98321 0217 DESCRIPTION PREMIUM Liability Insurance $661.00 Medical Payments $49.00 Underinsured Motorist Bodily Injury and Property Damage _ $139.00 Physical Damage Comprehensive - Actual Cash Value Less $250 Deductible $58.00 Collision - Actual Cash Value Less $500 Deductible $145.00 Total Premium $1,052.00 a To report a claim, call your Agent or 1-800-362-0000 DS 70 43 Ol 08 11/07/16 57011757 POLSVCS 290 NCXFPPNO INSURED COPY 002028 PAGE 11 OF 52 'This page intentionally left blank. Symbol escri tion Of Covered Auto Desicination Symbols 9 Non-Owned Only those "autos" you do not own, lease, hire, rent or borrow that "Autos" are used in connection with your business. This includes "autos" owned Only 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. 19 Mobile Equip- Only those "autos" that are land vehicles and that would qualify under the ment Subject definition of "mobile equipment" under this policy if they were not To Compul- subject to a compulsory or financial responsibility law or other sory Or motor vehicle insurance law where they are licensed or principally garaged. Financial Responsibility Or Other Motor _ Vehicle Insurance Law Only B. Owned Autos You Acquire After The Policy d. "Loss'; or ...._ Begins e. Destruction aNNEM 1. If symbols 1, 2, 3, 4, 5, 6 or 19 are SECTION II - LIABILITY COVERAGE 15� entered next to a coverage in ITEM TWO of the Declarations, then you have cov- erage for "autos" that you acquire of the We will pay all sums an "insured" legally type described for the remainder of the must pay as damages because of "bodily policy period. injury" or "property damage" to which this 2. But, if symbol 7 is entered next to a insurance applies, caused by an "accident" and resulting from the ownership, mainten- coverage in ITEM TWO of the Declare- once or use of a covered "auto." tions, an "auto" you acquire will be a covered "auto" for that coverage only if: We will also pay all sums an "insured" le- a. We already cover all "autos" that gaily must pay as a "covered pollution cost or expense" to which this insurance applies, you own for that coverage or it caused by an "accident" and resulting from places an "auto" you previousllyy the ownership, maintenance or use of cov- ered "autos." However, we will only pay for b. You tell us within 30 days after you the "covered pollution cost or expense" if acquire it that you want us to cover there is either "bodily injury" or "property it for that coverage. damage" to which this insurance applies that C. Certain Trailers, Mobile Equipment And Tern- is caused by the same "accident." porary Substitute Autos We have the right and duty to defend any If Liability Coverage is provided by this Cov- "insured" against a "suit" asking for such erage Form, the following types of vehicles damages or a "covered pollution cost or ex- are also covered "autos" for Liability Cov- pense". However, we have no duty to defend a erage: any "insured" against a "suit" seeking dam- ages for "bodily injury" or "property dam- 1. "Trailers" with a load capacity of 2,000 age" or a "covered pollution cost or pounds or less designed primarily for expense" to which this insurance does not travel on public roads. apply. We may investigate and settle any 2. "Mobile equipment" while being carried claim or "suit" as we consider appropriate. or towed by a covered "auto." Our duty to defend or settle ends when the 3. Any "auto" you do not own while used Liability Coverage Limit of Insurance has with the permission of its owner as a been exhausted by payment of judgments or temporary substitute for a covered settlements. "auto" you own that is out of service 1. Who Is An Insured because of its: The following are "insureds": a. Breakdown; a. You for any covered "auto." b. Repair; b. Anyone else while using with your c. Servicing; permission a covered "auto" you own, hire or borrow except: CA 00 01 03 06 ®ISO Properties, Inc., 2005 Page 2 of 13 (1) The owner or anyone else from (6) All interest on the full amount of whom you hire or borrow a cov- any judgment that accrues after ered "auto". This exception does entry of the judgment in any not apply if the covered "auto" "suit" against the "insured" we is a "trailer" connected to a cov- defend, but our duty to pay in- ered "auto" you own. terest ends when we have paid, (2) Your "employee" if the covered offered to pay or deposited in "auto" is owned by that "em- court the part of the judgment ployee" or a member of his or that is within our Limit of Insur- her household. ance. (3) Someone using a covered These payments will not reduce the "auto" while he or she is work- Limit of Insurance. ing in a business of selling, ser- b. Out of State Coverage Extensions. vicing, repairing, parking or storing "autos" unless that busi- While a covered "auto" is away from ness is yours. the state where it is licensed we will: (4) Anyone other than your "em- (1) Increase the Limit of Insurance ployees", partners (if you are a for Liability Coverage to meet partnership), members (if you the limits specified by a compul- are a limited liability company), sory or financial responsibility or a lessee or borrower or any of law of the jurisdiction where the their "employees", while moving covered "auto" is being used. property to or from a covered This extension does not apply to "auto". the limit or limits specified by (5) A partner (if you are a partner- any law governing motor carriers ship), or a member (if you are a of passengers or property. limited liability company), for a (2) Provide the minimum amounts covered "auto" owned by him or and types of other coverages, her or a member of his or her such as no-fault, required of out- household. of-state vehicles by the jurisdic- tion where the covered "auto" is c. Anyone liable for the conduct of an being used. "insured" described above but only to the extent of that liability. We will not pay anyone more than 2. Coverage Extensions once for the same elements of loss because of these extensions. a. Supplementary Payments. B. Exclusions We will pay for the "insured": This insurance does not apply to any of the (1) All expenses we incur. following: (2) Up to $2,000 for cost of bail 1. Expected Or Intended Injury a bonds (including bonds for re- "Bodily injury" or "property damage" ex- lated traffic law violations) re- quired because of an "accident" pected or intended from the standpoint we cover. We do not have to of the "insured". e furnish these bonds. 2. Contractual (3) The cost of bonds to release at- Liability assumed under any contract or tachments in any "suit" against agreement. the "insured" we defend, but But this exclusion does not apply to li- only for bond amounts within ability for damages: our Limit of Insurance. (4) Ali reasonable expenses incurred a. Assumed in a contract or agreement by the "insured" at our request, that is an "insured contract" pro- including actual loss of earnings vided the "bodily injury" or "prop- up to $250 a day because of erty damage" occurs subsequent to time off from work. the execution of the contract or (5) All costs taxed against the "in- agreement; or sured" in any "suit" against the "insured" we defend. 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Iagy •q N :„pamsur„ ay} Aq }uawaAoldw3 jo '„o}ne„ paia :10 asinoo ay} u -noo at} o;uo Jo o}ui }uawanow J01 i pue jo }no 6uisue „painsui„ ay; Aq pa}daooe si }! aiaynn „pamsui„ ay; ;o „aaAoldwa„ uy •e aoeld ay; wog; panow sI }! Wo;ag •e :o} „Ajnfui AI!pog„ :4adad ;o 6wlpuey ay} woaj 6uglns AiNgE1-1 s,Ja -91 „96ewep A:padoid„ jo „tinfu! Al!pog„ -Aoldw3 pub uogeogluwapul eeAoidw3 •y Ajadoad }p Bul}pueH •L .Mel jel!wis Aue jo Mel uoi}esuad ;uaweaiBe moeippls -woo ;uawAoldwoun jo s}!}auaq Al!l!gesip 'uo e japun pawnsse }illgerl o} �(ldde ;ou i}esuadwoo siaNiom Aue japun algell , saop uoisnloxa sly} ;ng 'la}uoo jo Apo) play aq stew pamsur „s,pamsur„ ay} �o -sno 'ajeo „s,pa+nsu!„ ay; ui jo „pam „sur „palnsul„ at; yoiyM �o; uolle6ilgo Auy ay} Aq papodsuea} jo pauMo Apadad uoi;esuedwoo ,sia3lioM •£ 6ulnlonul „osuadxa jo }soo uognllod }uaw paJanoo„ ao o} „86ewep Avadoad„ -aaJBB Jo }oei}uoo ay} 10 aouasge loquoo jO Apo;sno 'aieo •9 ay} uI aney pinonn „painsui„ ata }etl •q Your work includes warranties or repre- Paragraph a. above does not apply to sentations made at any time with respect fuels, lubricants, fluids, exhaust gas- to the fitness, quality, durability or per- es or other similar "pollutants" that formance of any of the items included in are needed for or result from the Paragraphs a. or b. above. normal electrical, hydraulic or me- Your work will be deemed completed at chanical functioning of the covered the earliest of the following times: "auto" or its parts, if: (1) When all of the work called for in (1) The "pollutants" escape, seep, your contract has been completed. migrate, or are discharged, dis- persed or released directly from (2) When all of the work to be done at the site has been completed if your an "auto" part designed by its manufacturer to hold, store, re- contract calls for work at more than one site. ceive or dispose of such pollu- tants , and (3) When that part of the work done at a (2) The "bodily injury", "property job site has been put to its intended damage" or "covered pollution use by any person or organization cost or expense" does not arise other than another contractor or sub- out of the operation of any contractor working on the same pro- equipment listed in Paragraphs ject. 6.b. and 6.c. of the definition of Work that may need service, main- "mobile equipment". tenance, correction, repair or Paragraphs b. and c. above of this exclu- replacement, but which is otherwise sion do not apply to "accidents" that complete, will be treated as complet- occur away from premises owned by or ed. rented to an "insured" with respect to 11. Pollution "pollutants" not in or upon a covered "Bodily injury" or "property damage" "auto" if: arising out of the actual, alleged or (1) The "pollutants" or any property threatened discharge, dispersal, seepage, in which the "pollutants" are migration, release or escape of "pollu- contained are upset, overturned tants": or damaged as a result of the a. That are, or that are contained in any maintenance or use of a covered property that is: "auto"; and (1) Being transported or towed by, (2) The discharge, dispersal, seep- handled, or handled for move- age, migration, release or escape ment into, onto or from, the cov- of the "pollutants" is caused di- ered "auto"; rectly by such upset, overturn or (2) Otherwise in the course of damage. transit by or on behalf of the 12. War "insured"; or "Bodily injury" or "property damage" (3) Being stored, disposed of, treat arising directly or indirectly out of: ed or processed in or upon the a. War, including undeclared or civil b covered "auto"; war; b. Before the "pollutants" or any prop- b. Warlike action by a military force, erty in which the "pollutants" are including action in hindering or de- contained are moved from the place fending against an actual or expect- where they are accepted by the "in- ed attack, by any government, sured" for movement into or onto sovereign or other authority using the covered "auto'; or military personnel or other agents; c. After the "pollutants" or any prop- or erty in which the "pollutants" are c. Insurrection, rebellion, revolution, contained are moved from the cov- usurped power, or action taken by ered "auto" to the place where they governmental authority in hindering are finally delivered, disposed of or or defending against any of these. abandoned by the "insured". CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 5 of 13 13, Racing 2. Towing. Covered "autos" while used in any pro- We will pay up to the limit shown in the fessional or organized racing or demoli- Declarations for towing and labor costs tion contest or stunting activity, or while incurred each time a covered "auto" of practicing for such contest or activity. the private passenger type is disabled. This insurance also does not apply while However, the labor must be performed at that covered "auto" is being prepared for the place of disablement. such a contest or activity. 3. Glass Breakage - Hitting a Bird or Ani- C. Limit Of Insurance mal - Falling Objects or Missiles. Regardless of the number of covered If you carry Comprehensive Coverage for to the damaged covered "auto", we will autos", "insureds", premiums paid, claims made or vehicles involved in the "accident", pay for the following under Comprehen- the most we will pay for the total of all sive Coverage: damages and "covered pollution cost or ex- a. Glass breakage; pense" combined, resulting from any one z " b. "Loss" caused by hitting a bird or accident" is the Limit of Insurance for Liabil- ity Coverage shown in the Declarations. animal; and All "bodily injury," "property damage" and c. "Loss" caused by falling objects or ® "covered pollution cost or expense" resulting missiles. from continuous or repeated exposure to However, you have the option of having ® substantially the same conditions will be con- glass breakage caused by a covered sidered as resulting from one "accident". "auto's" collision or overturn considered No one will be entitled to receive duplicate a "loss" under Collision Coverage. payments for the same elements of "loss" 4. Coverage Extensions under this Coverage Form and any Medical Payments Coverage Endorsement, Uninsured a. Transporation Expenses Motorists Coverage Endorsement or Underin- We will pay up to $20 per day to a sured Motorists Coverage Endorsement at- maximum of $600 for temporary tached to this Coverage Part. transportation expense incurred by you because of the total theft of a SECTION III - PHYSICAL DAMAGE COVERAGE covered "auto" of the private pas- A. Coverage senger type, We will pay only for 1. We will pay for "loss" to a covered those covered "autos" for which you "auto" or its equipment under: carry either Comprehensive or Speci- fied Causes of Loss Coverage. We a. Comprehensive Coverage. From any will pay for temporary transportation cause except: expenses incurred during the period (1) The covered "auto's" collision beginning 48 hours after the theft with another object; or and ending, regardless of the poli- cy's expiration, when the covered x (2) The covered "auto's" overturn. "auto" is returned to use or we pay s b. Specified Causes of Loss Coverage. for its "loss". Caused by: b. Loss Of Use Expenses (1) Fire, lightning or explosion; For Hired Auto Physical Damage, we (2) Theft; will pay expenses for which an "in- sured" becomes legally responsible (3) Windstorm, hail or earthquake; to pay for loss of use of a vehicle (4) Flood; rented or hired without a driver, un- der a written rental contract or (6) Mischief or vandalism; or agreement. We will pay for loss of (6) The sinking, burning, collision or use expenses if caused by: derailment of any conveyance (1) Other than collision only if the transporting the covered "auto". Declarations indicate that Com- c. Collision Coverage. Caused by: prehensive Coverage is provided for any covered "auto", (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. CA 00 01 03 06 ®ISO Properties, Inc., 2005 Page 6 of 13 (2) Specified Causes Of Loss only if 3. We will not pay for "loss" caused by or the Declarations indicate that resulting from any of the following un- Specifted Causes Of Loss Cov- less caused by other "loss" that is cov- erage is provided for any cov- ered by this insurance: ered "auto; or a. Wear and tear, freezing, (3) Collision only if the Declarations mechanical or electrical break- indicate that Collision Coverage down. is provided for any covered "auto". b. Blowouts, punctures or other However, the most we will pay for road damage to tires. any expenses for loss of use is $20 4. We will not pay for "loss" to any of the per day, to a maximum of $600. following: B. Exclusions a. Tapes, records, discs or other similar I. We will not pay for "loss" caused by or audio, visual or data electronic de- resulting from any of the following. Such vices designed for use with audio, "loss" is excluded regardless of any oth- visual or data electronic equipment. er cause or event that contributes con- b. Any device designed or used to de- currently or in any sequence to the tect speed measuring equipment "loss". such as radar or laser detectors and a. Nuclear Hazard. any jamming apparatus intended to elude or disrupt speed measurement (1) The explosion of any weapon equipment. employing atomic fission or fu- c. Any electronic equipment, without sion; or regard to whether this equipment is (2) Nuclear reaction or radiation, or permanently installed, that receives radioactive contamination, how- or transmits audio, visual or data ever caused. signals and that is not designed sole- b. War or Military Action. ly for the reproduction of sound. (1) War, including undeclared or civ- d. Any accessories used with the elec- il war; tronic equipment described in (2) Warlike action by a military Paragraph c. above. force, including action in hinder- Exclusions 4.c. and 4.d. do not apply to: ing or defending against an ac- a. Equipment designed solely for the tual or expected attack, by any reproduction of sound and accesso- government, sovereign or other ries used with such equipment, pro- authority using military person- vided such equipment is nel or other agents; or permanently installed in the covered (3) Insurrection, rebellion, revolu- "auto" at the time of the "loss" or tion, usurped power or action such equipment is removable from a taken by governmental authority housing unit which is permanently in hindering or defending against installed in the covered "auto" at the any of these. time of the "loss", and such equip- 2. We will not pay for "loss" to any cov- ment is designed to be solely op- erated by use of the power from the ered "auto" while used in any profes- "auto's" electrical system, in or upon sional or organized racing or demolition the covered "auto"; or contest or stunting activity, or while practicing for such contest or activity. We b. Any other electronic equipment that will also not pay for "loss" to any cov- is: ered "auto" while that covered "auto" is (1) Necessary for the normal opera- being prepared for such a contest or ac- tion of the covered "auto" or the tivity, monitoring of the covered "auto's" operating system; or CA 00 01 03 06 ®ISO Properties, Inc., 2005 Page 7 of 13 (2) An integral part of the same unit a. Pay its chosen appraiser; and housing any sound reproducing b. Bear the other expenses of the ap- equipment described in a. above praisal and umpire equally. and permanently installed in the opening of the dash or console If we submit to an appraisal, we will still of the covered "auto" normally retain our right to deny the claim. used by the manufacturer for in- 2. Duties In The Event Of Accident, Claim, stallation of a radio. Suit Or Loss 5. We will not pay for "loss" to a covered We have no duty to provide coverage "auto" due to "diminution in value". under this policy unless there has been ® C. Limit Of Insurance full compliance with the following duties: 1. The most we will pay for loss' in any a. In the event of "accident", claim, one "accident" is the lesser of: "suit" or "loss", you must give us or our authorized representative prompt N a. The actual cash value of the damag- notice of the "accident" or "loss". i ed or stolen property as of the time Include: of the "loss"; or (1) How, when and where the "ac- '� b. The cost of repairing or replacing the cident" or "loss" occurred; damaged or stolen property with oth- Sam er property of like kind and quality. (2) The "insured's" name and ad- dress; and 2. An adjustment for depreciation and phys- (3) To the extent possible, the Ical condition will be made in names and addresses of any in- determining actual cash value in the event of a total "loss". jured persons and witnesses. 3. If a repair or replacement results In bet- b. Additionally, you and any other in- ter than like kind or quality, we will not volved "Insured" must: pay for the amount of the betterment. (1) Assume no obligation, make no D. Deductible payment or incur no expense without our consent, except at For each covered "auto", our obligation to the "insured's" own cost. pay for, repair, return or replace damaged or (2) Immediately send us copies of stolen property will be reduced by the ap- plicable deductible shown In the Declara- any request, demand, crape, -no- tions. Any Comprehensive Coverage tice, summons or legal paper re deductible shown in the Declarations does c it". concerning the claim or "suuit not apply to "loss" caused by fire or light- ning. (3) Cooperate with us in the inves- SECTION IV - BUSINESS AUTO CONDITIONS tigation or settlement of the claim or defense against the The following conditions apply in addition to the "suit". Common Policy Conditions: (4) Authorize us to obtain medical A. Loss Conditions records or other pertinent infor- 1. Appraisal For Physical Damage Loss mation. If you and we disagree an the amount of (5) Submit to examination, at our ry "loss", either may demand an appraisal expense, by physicians of our of the "loss". In this event, each party choice, as often as we reason- will select a competent appraiser. The ably require. two appraisers will select a competent c. If there is "loss" to a covered "auto" and impartial umpire. The appraisers will or its equipment you must also do state separately the actual cash value the following: and amount of "loss". If they fail to agree, they will submit their differences (1) Promptly notify the police if the to the umpire. A decision agreed to by covered "auto" . any of its any two will be binding. Each party will: equipment is stolen. CA 00 01 03 06 @ISO Properties, Inc., 2005 Page 8 of 13 (2) Take all reasonable steps to pro- S. Transfer Of Rights Of Recovery Against tect the covered "auto" from fur- Others To Us ther damage. Also keep a record If any person or organization to or for of your expenses for consider- whom we make payment under this Cov- ation in the settlement of the erage Form has rights to recover dam- claim, ages from another, those rights are (3) Permit us to inspect the covered transferred to us. That person or organi- "auto" and records proving the zation must do everything necessary to "loss" before its repair or dis- secure our rights and must do nothing position. after "accident" or "loss" to impair (4) Agree to examinations under them. oath at our request and give us a B. General Conditions signed statement of your an- 1. Bankruptcy swers, 3. Legal Action Against Us Bankruptcy or insolvency of the "in- sured or the insureds estate will not No one may bring a legal action against relieve us of any obligations under this us under this Coverage Form until: Coverage Form. a. There has been full compliance with 2. Concealment, Misrepresentation Or all the terms of this Coverage Form; Fraud and This Coverage Form is void in any case b. Under Liability Coverage, we agree of fraud by you at any time as it relates in writing that the "insured" has an to this Coverage Form. It is also void if obligation to pay or until the amount you or any other "insured", at any time, of that obligation has finally been intentionally conceal or misrepresent a determined by judgment after trial. material fact concerning: No one has the right under this poli- cy to bring us into an action to deter- mine the "Insured's" liability. b. The covered "auto'; 4. Loss Payment - Physical Damage c. Your interest in the covered "auto"; Coverages or At our option we may: d. A claim under this Coverage Form. a. Pay for, repair or replace damaged 3. Liberalization or stolen property; If we revise this Coverage Form to pro- b. Return the stolen property, at our ex- vide more coverage without additional pense. We will pay for any damage premium charge, your policy will auto- that results to the "auto" from the matically provide the additional coverage theft; or as of the day the revision is effective in c. Take all or any part of the damaged your state. or stolen property at an agreed +or 4. No Benefit To Bailee - Physical Damage appraised value. Coverages If we pay for the "loss", our payment We will not recognize any assignment or will include the applicable sales tax for grant any coverage for the benefit of any the damaged or stolen property. person or organization holding, storing or transporting property for a fee regard- less of any other provision of this Cov- erage Form. CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 9 of 13 S. Other Insurance b. If this policy is issued for more than a. For any covered "auto" you own, one year, the premium for this Cov- this Coverage Form provides primary erage Form will be computed annu- insurance. For any covered "auto" ally based on our rates or premiums you don't own, the insurance pro- in effect at the beginning of each vided by this Coverage Form is ex- year of the policy. cess over any other collectible 7. Policy Period, Coverage Territory insurance. However, while a covered Under this Coverage Form, we cover "ac- "auto" which is a "trailer" is con- " g nected to another vehicle, the Liabil- ity Coverage this Coverage Form a. During the policy period shown in s� provides for the "trailer" is: the Declarations; and (1) Excess while it is connected to a b. Within the coverage territory. !> motor vehicle you do not own. The coverage territory is: (2) Primary while it is connected to a. The United States of America; a covered "auto" you own. b. The territories and possessions of b. For Hired Auto Physical Damage the United States of America; Coverage, any covered "auto" you c• Puerto Rico; lease, hire, rent or borrow is deemed to be a covered "auto" you own. d. Canada; and However, any "auto" that is leased, e. Anywhere in the world if: hired, rented or borrowed with a (1) A covered auto driver is not a covered "auto". of the private passenger type is leased, hired, c. Regardless of the provisions of Para- rented or borrowed without a graph a. above, this Coverage Form's driver for a period of 30 days or Liability Coverage is primary for any less; and liability assumed under an "insured contract". (2) The "insured's" responsibility to pay damages is determined in a d. When this Coverage Form and any "suit" on the merits, in the Unit- other Coverage Form or policy cov- ed States of America, the ter- ers on the same basis, either excess ritories and possessions of the or primary, we will pay only our United States of America, Puerto share. Our share is the proportion Rico, or Canada or in a settle- that the Limit of Insurance of our ment we agree to. Coverage Form bears to the total of the limits of all the Coverage Forms We also cover "loss" to, or "accidents" and policies covering on the same involving, a covered "auto" while being basis, transported between any of these places. 6. Premium Audit 8. Two Or More Coverage Forms Or Poll- „ Gies Issued By Us a a. The estimated premium for this Cov- erage Form is based on the expo- If this Coverage Form and any other Cov- erage have erage Form or policy issued to you by us sures you told us you wouldwill or any company affiliated with us apply when this policy began. compute the final premium due to the same "accident", the aggregate when we determine your actual ex- maximum Limit of Insurance under all posures. The estimated total premi- the Coverage Forms or policies shall not um will be credited against the final exceed the highest applicable Limit of premium due and the first Named Insurance under any one Coverage Form Insured will be billed for the balance, or policy. This condition does not apply if any. If the estimated total premium to any Coverage Form or policy issued exceeds the final premium due, the by us or an affiliated company specifi- first Named Insured will get a re- cally to apply as excess insurance over fund. this Coverage Form. CA 00 01 03 06 ®ISO Properties, Inc., 2005 Page 10 of 13 £y 10 6L 06ed 90OZ ''oul 'sagJadoJd OS4 90 £0 L0 00 vo Jo '„o}ne„ paJanoo ay} uodn Jo ui possaooid Jo pe •86ewep -)e8A ';o pasodslp 'paJols 6u!ae (£) Jo wnp9A0 ')asdn yons Aq Allooi :,pamsuiw -!p pasneo si „sjuejnllod„ ay} ;o ay} ;o ;leyaq uo Jo Aq }!sueg adeosa Jo asealaJ 'uolleJBlw 'aye ;o asmoo ay} ui asimiaU)O (Z) -does 'iesJadsip 'a6Jeyos!p ayl (Z) '„olne„ paJa pue '„o}ne„ -Aoo ay; woJ; Jo o)uo 'Olin luaUJ paJanoo a ;o asn Jo eoueualulew -anow JO) palpuey Jo 'palpuey ay) ;o )lnsaJ a se paBewep Jo 'Aq pamol Jo polJodsueJ; Gulag (}) pownlJaAo ';asdn aJe pouleluoo Die „sluelnllod„ ay} yolym ui :si Imp AlJadad A;JadoJd Aue Jo „s)uejnpod„ ayl Aue ui peuieluoo aJe }eyl Jo 'aJe leyl •e N :;! „olne. :,,$)ue}nllod„ ;o adeo paJanoo a uodn Jo ui IOU „sjuujnj -so Jo asealaJ 'uo!}eJ6!w `a6edeas 'lesiedsip -lod„ of loadsoi yllm „pamsui„ ue o) 'a6Jeyoslp poualeaJyl Jo pa6alle 'lenloe ay; paluaJ Jo Aq paumo saslwoid woo ;o }no 6uisiJe asuadxa Jo Ism Aue apnloui Aeme Jn000 ;eyl „sju9p!ooe„ of Aldde )ou saop „asuadxa Jo )soo uognilod paJanoo„ IOU op anoge •o pue •q sydeJBeJed „slue;npod„ „•)uawdinba allgow„ ;o sloaga ay; Buissasse Jo o) Buipuods ;o uoi;luyap ay} ;o •o g Jo q g -91 Aem Aue ui Jo 'BuizileAnou Jo BuIA;! eJed ur Pals'] luawdinba -xolap '6ul;eaJ} 'Bwule;uoo 'BUTAOwaJ 'dn sydeJ6 st4 o uol;eJado ay} ;o ;no 6uluealo '6uuo}!uow 'Jo; 6ugsa; ;o asneo asue saop asuadxa Jo ;soo -aq sa6ewep Jo; Aluoy;ne le;uawwanoB uoilnllod paJanoo„ Jo „aBewep a jo ;leyaq uo Jo Aq „;ins„ Jo wielo Auy Z ApedoJd„ „'AJnfui Al!poq„ awl (Z) Jo '„s;ue;nllod„ ;o slaa.4a ay; ssasse pus :,,slue; Jo 'ol puodsa Aem Aue ui Jo 'azileJlnou -nliod„ yons ;o asodslp Jo aniao Jo A;!xolep ')eaA 'ule}uoo 'anowaJ 'dn -aJ `aJols 'ploy o; Jam)oe;nuew ueolo 'Jol!uow 'Jo; ;sal sJay;o Jo „pains s;! 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Apepoleadej Jo snonui;uoo sopnloui juop!ooy„ -d -dad Aue Jo „sjuLgnl!od„ ay) aJo;ag 'q SNOIIINW30 - A N01133S fib 10 U 86ed 90OZ "oul 'segjadOJd OSI® 90 SO W 00 Ho :luawaaj6e ao loeiluoa Aue to lied leyl apnloul lou saop „loeiluoo pamsul„ uy •sialloa Jo -„saaAoldwa„ siadejos 'siapei6 se vans luawdlnbe mat to Aue jo noA Aq passel io palu -aJ „olne„ Aue of „a6ewep 49dad„ jol 6ulae�nsa� �o uollon�}suoo peon q Aed of „saaAoldwa„ -jnoA to Aue io noA Jo 'sllup ao sJaB sele6llgo 1! 1ey1 luaixe aye of „;oeiluoa -6Ip 'sJapeoi 'slanoys 'saueJa Jamod .e pamsul„ us pajaplsuoo aq lou lleys luaw :palunow Aguouewied of -aaiBe io loeiluoo yons 'lanamoH „-olne„ Al!llgow apinad o; Aluewpd paulelulew Aue to '„saadoldwa„ moA to Aue ao s 'lou jo polladoad;las jaylaym 'salolyaA •y noA Aq 'aseal to leluai ayl of 6ulumped 'ssaulsnq moA to lied se 'olul pajalue 'speed JOlMeaa uo lanell leyl salolyaq '£ luaweei6e jo loe4uoo Aue to lied leyl '9 ';uai jo umo noA sesuaid of ixou •luawaai6e Jo loeiluoa Jo uo Alolos asn aol poulelulew salalyaq 7 Aue to aauesge ayl uI Mel Aq pasod 'speoi ollgnd Flo Aped -wI aq pinom ;ey; Al!l!gell a sueaw All -louud asn jol pou6lsop salolyan Jay;o -I!gell ;,o_ -uogezlue6jo io uosaad p!ql e pus sllll)pol tiauigoew uLel •siazopiing .1 o; „86ewep Al,adoad„ jo „Amful AI!pog„ quawdlnbo jo Aaaulyoew payoelle jol Aed of impoue to /4!1!gell liol aq) Aue 6ulpnloul 'salalyan puel to sodAl Bulmol ownsse noA yoigm japun (Apledlo!unw -jol ay; to Aue sueaw „;uawdlnbe allgolI, ')I a col pawjopad M1oM yllM uolPauuoo ul Apledlolunw a to uogeog!uwapul ue Bul •a6ewep -pnloul) ssaulsnq moA of 6ulumpad ;uaw to ssol le;uep!ooe pue ;oaxp sueaw „sso-1„ 'p -ea16e ao ;oeiluoa jaylo Aue to lied ley_ q „Ja)PoM Ajejodwal„ a apnlo 'Al!ledlolunw a aol Tom glInn uogoauuoo -ul lou saop „da)pom passel„ *ssaulsnq moA uI ideoxe 'Al!ledlolunw a 41uwapul of to lanpuoo ay; of polelai sagnp uuolaad of eoueulpio Aq paimbei se 'uoge6llgo uy •y 'uull 6ulseal aogel ayl pue noA uoamlaq luaw -a916e us japun wig 6ulseal jogel a Aq noA 'pealle� a to laal of passel uosaad a sueaw „aa)uoM posee-I., •l 05 my;IM �o uo suolle�ado uogllowap g Jo uollorulsuoo 41!m uollaauuoo uI ;dao •A;Iloylne ollgnd Aq -xa 'luawaai6e asueo!l jo luawasee Auy •£ m� N anus of pazuoy;ne sI uollezlueBjo Jo uosaad leyl Ajoluial in, alna a JOAO 'luawasiBe NoeJ;ap!s y •z „olne„ paiemo a to asn moA jol ssal 'saslwajd to aseal b -uueq ajly jol „olne„ Aq Alaadad 6ul -tiodsuell to ssaulsnq ayl ul paBe6ua :sueaw eiluoa pamsul„ H e= uollezlue6jo jo uosaad a sploy leyl •a lgBnaq sI „I!ns„ jo wlelo a wo4m isule6e Jo a6eJano0 6ulMaas sI oyM pamsul yoea Jo :JO -nup a QM palual �o passel `paueol of Alalsiedas salldde papJol;e a6eUanoo ay; sl „olne„ ay1 1! „saeAoldwa„ moA aauemsul l0 1!w.1 ayl of loadsa� yllm idaax3 to Aue jo noA of „olne„ us to lelual '96emoo algealldde ay; to uolslnad pamsul jo aseal 'ueol ay; of sulelied ley_ q uy sl oyM ayl ul pamsul us se Buy4jlenb uogezlueBio jo uosaad Aue sueaw „pamsul„ •0 ao '6ulssoao ao ssediapun 'lauun; 'spaq ,aa�IaoM pea 's)Peal 'alJsQ4 ao a6p!aq peoJl!eJ AaeaodwaL a apnloul lou saop „aaAoldw3„ Aue 6ulloalle pue Al�adad pealla -,damaom poseal„ a sapnloul „aaAoldw3„ •3 Aue to Zeal Og ulyllm 'suogeaado uog „ssol„ -!Iowap ao uogonalsuoo to ;no 6ulsue leluaplooe pue loamp a woal sllnsai yolym an 1196ewep Alaadoad„ ao „Amful All -leA alesaa ao anlen laNiew ul ssol panlaaad -poq„ aol peoallea a Segluwapul ley_ -e ao lenloe ay; sueaw „anlen uI uognulwla„ '3 5. Vehicles not described in Paragraphs 1., L. "Pollutants" means any solid, liquid, gaseous 2., 3., or 4. above that are not self-pro- or thermal irritant or contaminant, including pelled and are maintained primarily to smoke, vapor, soot, fumes, acids, alkalis, provide mobility to permanently attached chemicals and waste. Waste includes mated- equipment of the following types: als to be recycled, reconditioned or re- a. Air compressors, pumps and gener- claimed. ators, including spraying, welding, M. "Property damage" means damage to or loss building cleaning, geophysical explo- of use of tangible property. ration, lighting and well servicing N. "Suit" means a civil proceeding in which: equipment; or 1. Damages because of "bodily injury" or b. Cherry pickers and similar devices "property damage"; or used to raise or lower workers. 6. Vehicles not described in Paragraphs 1., 2. A "covered pollution cost or expense", 2., 3. or 4. above maintained primarily to which this Insurance applies, are alleged. for purposes other than the transporta- "Suit" includes: tion of persons or cargo. However, self- propelfed vehicles with the following a. An arbitration proceeding In which types of permanently attached equipment such damages or "covered pollution are not "mobile equipment" but will be casts or expenses" are claimed and considered "autos": to which the "insured" must submit or does submit with our consent; or a. Equipment designed primarily for: b. Any other alternative dispute resolu- (1) Snow removal; tion proceeding in which such dam- (2) Road maintenance, but not con- ages or "covered pollution costs or struction or resurfacing; or expenses are claimed and to which (3) Street cleaning; the insured submits with our con- sent. b. Cherry pickers and similar devices mounted on automobile or truck O. "Temporary worker" means a person who is chassis and used to raise or lower furnished to you to substitute fora perma- workers; and nent "employee" on leave or to meet sea- sonal or short-term workload conditions. c. Air compressors, pumps and gener£tors, including spraying, weld- ing, building cleaning, geophysical exploration, lighting or well servicing equipment. However, "mobile equipment" does not in- clude land vehicles that are subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial respon- sibility law or other motor vehicle insurance law are considered "autos". s CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 13 of 13 Z 10 L e6ed LOOZ '•oul 'sail�adad OSI ® 80 LO 5E LO V3 •sasiwaad souep!saj a yl!m uoiloauuao ui Allediouud pawipped Njom oilsewop ao ployasnoy Jo 'pony ut p86e6ua uosjad a si „99Aoldw9„ -!Ian!I Jo u!e6 leloueu ollsewop V -„loeiluoo pamsui„ ue jap -} jo asodand ay; joj sl (a) -un pamsui ay; Aq pawnsse Al!l!geil of jo Jo •(64) slgauaq uoilesuadwoo simpom of papg 0401ro•99 'DOS 'uuV -ua lou „saaAoldwa„ ogsawop of „Ajnfui apoO •nail •yseM u! Alipoq„ of Aldde lou saop uoisnioxa siyl paugap si l!wjad se 'l!w -knf -gad lanbueq a saa!nbaZl (q) -ui ayl;o asneoeq sa6ewep Aed lsnw jo !esuaoil a sajinbaa (e) Oqm asla euoawos Wei jo yl!m 'Al!Agoe vans lou jo mylaym sa6ewep ajeys of uo!le6ilgo AuV •q a6aeyo a jo; sa6eaanaq oiloy Jo 'ssau -oole 6uiysiwn; jo 6uwaS (L) -isnq „s,pamsui„ ay; jo lonpuoo :sasodmd 6uimollo; ayl ayl of palelaj sailnp 6UIwJO;.lad (Z) jol lied ui pasn eje ley) sasiwaid Jo ;o Jossal Jo aaunno ayl aae noA '„pamsui„ ayl Aq luawAoldw3 (L) ;! Aluo saildde uoisnloxa siyl :;o asinoo ayl ui pue;o lno 6ui •safta -sue pamsui ayl ;o „a9Aoldw9„ uV •e -naq o!loyoole jo asn ao uoilnqul :ol „knfui -sip 'l}i6 'ales ayl of 6u!lelai uoil Al!poq„ of Aldde lou saop aoueansui siyl -eln6aj jo aoueuipuo 'alnlels AuV o jo 'loyoole jo aouangui :6uimollo; ayl ylua peoeldej si uoisnlox3 ay; �apun �o a6e 6ul�luup le6 f4lilge!1 s,jeAoldw3 pub uoi;eogluwapul -al ayl un j u 6e a of p 186 aoAoldw3 ay; 'uol6ulyseM ;o loV aoue msul leuisnpul ayl of ;oafgns si luaw -naq o!loyoole l0 6uiysiwn; ayl •q -Aoldwo asogm pamsui ayl ;o „seaAold 'umad Aue;o uoileoixol -we,, of „Ajnrui Al!poq„ of loadsaj yl!M -ui ayl of 6ugnquluoo}o 6uisneO -e -M allil N -jo uosaeu Aq algeil play apoO pasinaa uol6uiyseAA) uol6uiyseM aq Aew „pamsui„ ue yoiynn ao; „a6e jo loV aomnsul leialsnpul ayl of loafgns -wep Aliadoid„ jo „Amfui Al!pog„ lou si luawAoldwa asoLlm pamsui ayl fqlllgel,l ionbi-1 •1 G ;o ,.aaAoldwa„ Aue of „Ajnfui AI!poq„ of :6uimolloj Aluo saildde uoisnloxa Al!llgeil s,jaAold ayl Aq paoeldaa si wao3 a6eiamo a6ei -w3 puV uoileog!uwapul aaAoldwa ayl L s -e0 ayl ui uoisnl3x3 Al!l!gell aonbil ayl •Z o6eian00 A4ilige!1 ul se6ue40 d luawasiopua ayl Aq peg!pow ssalun Aldde waoa a6ejamo ayi to suols!Aad ayl 'luawasiopua siyi Aq pap!Aoid a6ejanoo of loadsai yl!M W10:1 3JVa3AOO SNEI>ionui WHOd 3JV83AOO2JFIIUNVO NOlOW v waO=l 3JVa3AOO 3JVUVJ VgMOd 3JVN3AOO 3JVWVO 1VOISAHd Olf1V SS3Nisne WbOd 3JVN3AOO OlnV SS3Nisne :6ulnn01101 ayl Japun pap!Aoid aouemsui sag!pow luawasiopue siyl 'uol � -6uiyseM 'ui palonpuoo „suogejado 96eae6„ jo; io 'ui pa6eje6 Allediouud jo pasueoil „olne„ pajanoo a J03 S30NVH3 NOlJNIHSVM 80 W SE W vo wrin33MV0 lI avam 3SV31d 'A011Od 3Hl S30NVH3 1N3W3S2!OON3 SIHl so W SE W V0 OlnV ivici l3moo (2) Serving or furnishing alco- C. Changes In Conditions holic beverages without a 1. The Appraisal For Physical Damage Loss charge, if: Condition is replaced by the following: (a) A license is required for APPRAISAL FOR PHYSICAL DAMAGE such activity; or LOSS (b) A banquet permit, as If you and we disagree on the amount of permit is defined in "loss", either may demand an appraisal Wash. Rev. Code Ann. of the "loss". In this event, each party Sec. 66.04.010 (19), is will select a competent appraiser. The required for such activ- two appraisers will select a competent ity. and impartial umpire. The appraisers will B. Changes In Physical Damage Coverage state separately the actual cash value and I. The lead-in to Paragraph B.I. is replaced the amount of"loss". If they fail to agree, by the following: they will submit their differences to the We will not pay for 'loss" caused directly umpire. A decision agreed to by any two or indirectly by any of the following: will be binding. Each party will: 2. The Limit of Insurance provision with re- a. Pay its chosen appraiser; and spect to repair or replacement resulting b. Bear the other expenses of the sp- in better than like kind or quality is re- praisal and umpire equally. placed by the following, and supersedes Neither we nor you shall be held to have any provision to the contrary: waived any rights by any act relating to 3. We may deduct for betterment for appraisal. parts normally subject to repair and 2. The Transfer Of Rights Of Recovery replacement during the useful life of Against Others To Us Condition is re- the "auto". In this event, deductions placed by the following: shall be limited to the lesser of: a. If any person or organization to or for a. An amount equal to the propor- whom we make payment under this tion that the expired life of the Coverage Form has rights to recover part to be repaired or replaced damages from another, those rights bears to the normal useful life of are transferred to us for that pay- that part; or ment. That person or organization b. The amount which the resale must do everything necessary to se- value of the "auto" is increased cure our rights and must do nothing from the repair or replacement. after "accident" or 'loss" to impair 3. The following is added to Paragraph C. them. Limit Of Insurance: b. We are entitled to a recovery only We will not pay for a loss which is paid after the person or organization has under Underinsured Motorists Coverage. been fully compensated for damages by another party. 3. The following is added to the Legal Ac- tion Against Us Condition: If this action is brought pursuant to Sec. 3 of RCW 48.30 then 20 days prior to filing such an action, you are required to pro- vide written notice 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, registered mail or certified mail with return receipt requested. CA 01 35 01 08 0 ISO Properties, Inc., 2007 Page 2 of 2 POLICY NUMBER: COMMERICAL AUTO CA 21 34 01 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON UNDERINSURED MOTORISTS COVERAGE For a covered "auto" licensed or principally garaged in, or for "garage operations" conducted in, Washing- ton, 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 F modified by the endorsement. s Zia= Named Insured: Endorsement Effective: SCHEDULE "Bodily Injury" And "Property Damage": $ Each "Accident' or "Bodily injury" $ Each "Accident" This endorsement provides "bodily injury" and "property damage" "underinsured motorists coverage" unless an "X" is entered below. rJ If an "X" is entered in this box, this endorsement provides "bodily injury" "underinsured motorists coverage" only for the following autos: Description Of"Autos": (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) A. Coverage b. Anyone else "occupying" a covered 1. We will pay all sums the "insured" is le- "auto" or a temporary substitute for gally entitled to recover as compensatory a covered "auto". The covered damages from the owner or driver of an "auto" must be out of service be- "underinsured motor vehicle". The dam- cause of its breakdown, repair, ser- ages must result from "bodily injury" or vicing, "loss" or destruction. "property damage" sustained by the "in- c. Anyone for damages he or she is en- sured" caused by an "accident". The titled to recover because of "bodily owner's or driver's liability for these Injury" sustained by another "in- damages must result from the owner- sured". " ship, maintenance or use of the 2. A partnership, limited liability company, "underinsured motor vehicle". corporation or any other form of organi- B. Who Is An Insured zation, then the following are "insureds": If the Named Insured is designated in the a. Anyone "occupying" a covered Declarations as: "auto" or a temporary substitute for 1. An individual, then the following are "in- a covered "auto". The covered sureds": "auto" must be out of service be- a. The Named Insured and any "family cause of its breakdown, repair, ser- members". vicing, "loss" or destruction. Copyrighted ISO Properties, Inc. CA 21 34 01 08 ®ISO Properties, Inc., 2007 Page 1 of 5 b. Anyone for damages he or she is en- 6. Anyone using a vehicle without a reason- titled to recover because of "bodily able belief that the person is entitled to injury" sustained by another "in- do so. sured". 7. "Bodily injury" or "property damage" to c. The Named Insured for "property an "insured" while operating or"occupy- damage" only. ing" a motorcycle or motor driven cycle C. Exclusions which is not a covered "auto" for Liability This insurance does not apply to: Coverage under this Coverage Form. I. The benefit of any insurer or self-insurer 8. Punitive or exemplary damages: under any workers' compensation law or 9. "Bodily injury" or "property damage" any similar disability benefits law. arising directly or indirectly out of: 2. The benefit of any insurer of property. a. War, including undeclared or civil 3. "Bodily injury" sustained by: war; a. An individual Named Insured while b. Warlike action by a military force, in- "occupying" any vehicle owned by cluding action in hindering or de- that Named Insured or made avail- fending against an actual or expect- able for that Named Insured's regu- ad attack, by any government, lar use that is not a covered auto" sovereign or other authority using for Liability Coverage under this Cov- military personnel or other agents; erage Form; or b. Any "family member" while "occu- c. Insurrection, rebellion, revolution, usurped power, or action taken by pying any vehicle owned by that'family member" or available for governmental authority in hindering that "family member's" regular use or defending against any of these. that is not a covered "auto" for Li- D. Limit Of Insurance ability Coverage under this Coverage 1. Regardless of the number of covered Form; or "autos", "insureds", premiums paid, c. Any "family member" while "occu- claims made or vehicles involved in the pying any vehicle owned by the "accident", the most we will pay for all Named Insured or made available for damages resulting from any one acci- the Named Insured's regular use that dent" is the limit shown in the Schedule is insured for Liability Coverage on a or in the Declarations. primary basis under any other Cov- 2. No one will be entitled to receive dupli- erage Form or policy. cate payments for the same elements of 4. Property contained in or struck by any ve- "loss" under this Coverage Form and any hicle owned by or available for the regu- Liability Coverage Form, Medical Pay- lar use of the Named Insured or any ments Coverage endorsement or Person- "family member", if the Named Insured al Injury Protection Coverage endorse- is an individual, which is not a covered ment attached to this Coverage Part. "auto" for Liability Coverage under this We will not make a duplicate payment Coverage Form. under this Coverage for any element of S. The first $300 of the amount of"property "loss" for which payment has been made damage" to the property of each "in- by or for anyone who is legally responsi- sured" as the result of any one "acci- ble. dent" caused by a hit- and-run vehicle as E. Changes In Conditions described in Paragraph 6.d of the defini- The conditions are changed for Washington tion of "undernsured motor vehicle". In Underinsured Motorists Coverage as follows: all other cases, this insurance does not apply to the first $100 of the amount of 1. Other Insurance in the Business Auto and "property damage" to the property of Garage Coverage Forms and Other Insur- each "insured" as the result of any one ance - Primary And Excess Insurance "accident". Provisions in the Truckers and Motor Car- rier Coverage Forms are replaced by the following: Copyrighted ISO Properties, Inc. CA 21134 01 08 ®ISO Properties, Inc., 2007 Page 2 of 6 If there is other applicable insurance 3. Legal Action Against Us is replaced by available under one or more policies or the following: provisions of coverage: a. No one may bring a legal action a. The maximum recovery under all against us under this Coverage Form coverage forms or policies combined until there has been full compliance may equal but not exceed the high- with all the terms of this Coverage est applicable limit for any one ve- Form. hicle under any coverage form or b. Any legal action against us under policy providing coverage on either a this Coverage Form must be brought primary or excess basis. within 1 year after the date on which ® b. Any insurance we provide with re- the course of action accrues. spect to a vehicle the Named Insured If this action is brought pursuant to Sec. 3 does not own shall be excess over of RCW 48.30 then 20 days prior to filing any other collectible underinsured such an action, you are required to pro- motorists insurance providing cover- vide written notice of the basis for the age on a primary basis, cause of action to us and the Office of the c. If the coverage under this coverage Insurance Commissioner. Such notice form is provided: may be sent by regular mail, registered g (1) On a primary basis, we will pay mail or certified mail with return receipt only our share of the loss that requested. must be paid under insurance 4. Transfer Of Rights Of Recovery Against providing coverage on a primary Others To Us is changed by adding the basis. Our share is the propor- following: tion that our limit of liability If we make any payment and the "in- bears to the total of all applica- sured" recovers from another party, the ble limits of liability for coverage "insured" shall hold the proceeds in trust on a primary basis. for us and pay us back the amount we (2) On an excess basis, we will pay have paid. We shall be entitled to recov- only our share of the loss that ery only after the "insured" has been ful- must be paid under insurance !y compensated for damages. providing coverage on a excess Our rights to not apply under this provi- basis. Our share is the propor- sion with respect to damages caused by tion that our limit of liability an "accident" with an "underinsured mo- bears to the total of all applica- for vehicle" if we: ble limits of liability for coverage on an excess basis, a. Have been given prompt notice of tentative settlement between an in- 2. Duties In The Event Of Accident, Claim, sured" and the insurer of an Suit Or Loss is changed by adding the "underinsured motor vehicle", and following: e a. A person seeking Underinsured Mo- b. Fail to advance payment to the "in- p g sured" in an amount equal to the ten- torists Coverage must also promptly tative settlement within 30 days after notify us in writing of a tentative set- receipt of notification. tlement between the "insured" and If we advance payment to the "insured" the insurer of an "underinsured mo- tor vehicle", and allow us 30 days to in an amount equal to the tentative settle- ment within 30 days after receipt of no- advance payment to that "insured" tification: in an amount equal to the tentative settlement to preserve our rights (1) That payment will be separate from against the insurer, owner or oper- any amount the "insured" is entitled ator of such "underinsured motor ve- to recover under the provisions of hicle". However, this provision does Underinsured Motorists Coverage, not apply if failure to notify us does and not prejudice our right to recover (2) We also have a right to recover the payment from the person legally re- advanced payment. sponsible for the "accident Copyrighted ISO Properties, Inc. CA 21 34 01 08 ®ISO Properties, Inc., 2007 Page 3 of 5 5. The following condition is added: "Suit" includes: ARBITRATION (1) An arbitration proceeding in a. If we and an "insured" disagree which such damages or "cov- whether the insured' is legally en- ered pollution costs or ex- titled to recover damages from the penses" are claimed; or owner or driver of an "underinsured (2) Any other alternative dispute motor vehicle" or do not agree as to resolution proceeding in which the amount of damages that are re- such damages or "covered pol- coverable by that "insured", then the lution costs or expenses" are matter may be arbitrated. However, claimed. disputes concerning coverage under 5. "Underinsured motor vehicle" means a this endorsement may not be arbi- land motor vehicle or "trailer": trated. Both parties must agree to ar- a. For which no liability bond or policy bitration. If so agreed, each party will applies at the time of an "accident"; select an arbitrator. The two arbitra- tors will select a third. If they cannot or agree within 30 days, either may re- b. For which liability bonds or policies quest that selection be made by a apply at the time of an "accident", judge of a court having jurisdiction. but the amount paid under the all of We will pay all arbitration expenses. the bonds or policies to an insured is Arbitration expenses will not include not enough to pay the full amount an the "insured's" attomey's fees or "insured" is legally entitled to recov- any expenses incurred in producing er damages caused by the "acci- evidence or witnesses. dent""; or b. Unless both parties agree otherwise, c. For which all insuring or bonding arbitration will take place in the companies deny coverage or are or county In which the "insured" lives. becomes insolvent; or Local rules of law as to arbitration d. That is a hit-and-run vehicle and nei- procedure and evidence will apply. A ther the driver nor owner can be decision agreed to by two of the ar- identified. The vehicle must either: bltrators will be binding. (1) Hit an "insured", a covered F. Additional Definitions "auto" or a vehicle an "insured" As used in this endorsement: is "occupying`; or 1. "Property damage" means injury to or (2) Cause "bodily injury" or "prop- destruction of the property of an "in- erty damage" with no physical sured". contact with the "insured" or the 2. "Family member" means a person relat- vehicle the "insured" was "occu- ed to an individual Named Insured by pying" at the time of the "acci- „ blood, marriage or adoption who is a dent" provided: resident of such Named Insured's house- (a) The facts of the "accident' hold, including award or foster child. can be corroborated by com- 3. "Occupying" means in, upon, getting in, petent evidence other than on, out or off. the testimony of any person having an underinsured mo- o. "Suit" means a civil proceeding in torists coverage claim as a which: result of such "accident", a. Damages because of "bodily injury" and or "property damage'; or (b) Someone reports the "acci- b. A "covered pollution cost or ex- dent" to the police within 72 pense" to which this insurance ap- hours of the "accident". plies, are alleged. Copyrighted ISO Properties, Inc. CA 21 34 0108 ®ISO Properties, Inc., 2007 Page 4 of 5 However, "underinsured motor vehicle" b. Owned by a governmental unit or does not include any vehicle; agency. This provision does not ap- a. For which the Liability Coverage of ply if the governmental unit or agen- this Coverage Form applies. For cy is unable to pay damages because which the Liability Coverage of this of financial Inability or insolvency. Coverage Form applies. However, if 6. Whenever the terms "uninsured motor- the Named Insured is an individual ists coverage" or "uninsured motor ve- and that Named Insured or any "fam- hicle" appear in the Coverage Form or ily member" sustain damages while any endorsements attached to the Cov- "occupying", or when struck by, an erage Form, they are replaced by the "auto" which is a covered "auto" for terms "underinsured motorists cover- Liability Coverage under this Cover- age" and "underinsured motor vehicle" age Form, this exception to this defi- for covered "autos" licensed in or "ga- nition of an "underinsured motor ve- rage operations" conducted in Washing- hicle" does not apply to that Named ton. Insured or any such "family mem- ber". .o..a m g s s� 0 Copyrighted ISO Properties, Inc. CA 21 34 01 08 ®ISO Properties, Inc., 2007 Page 5 of 5 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEMPORARY SUBSTITUTE AUTO - PHYSICAL DAMAGE INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. If Physical Damage Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss'; or e. Destruction. a A CA 86 47 12 93 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RECREATIONAL TRAILERS AND BOAT TRAILERS This endorsement modifies insurance provided under the following: 92MM BUSINESS AUTO COVERAGE FORM s MOTOR CARRIER COVERAGE FORM t`- TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. CERTAIN TRAILERS, MOBILE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS of SECTION I - COVERED AUTOS is amended by the addition of the following: 4. Recreational trailers and boat trailers designed for use with an auto of the private passenger type provided the trailers are not used for business purposes. EEO 0 h CA 86 63 12 93 Page 1 of 1 COMMERCIAL AUTO CA 88 10 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 18 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 21 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 22 EXTRA EXPENSE- BROADENED COVERAGE 10 GLASS REPAIR-WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE(including employee hired auto) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN /LEASE GAP 14 PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 19 SECTION II -LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE, paragraph A.I. - WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE,paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but ® only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance c a provided by this endorsement is excess over any other insurance available to the "employee". n 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured: ' h. Any person or organization with respect to the operation, maintenance or use of a covered s "auto", provided that you and such person or organization have agreed in a written contract, .�. agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an"insured": (1) Only with respect to the operation, maintenance or use of a covered "auto' (2) Only for "bodily Injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an"accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work. S. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to a the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II - LIABILITY, exclusion B.S. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION III -PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph AA. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE,is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 2 of 7 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss'; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $750 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. . E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V-DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE,paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For"medium trucks" ,we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 -20,000 pounds. However, the labor must be performed at the place of disablement. a B. PHYSICAL DAMAGE- ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION III - PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of$50 per day and a maximum limit of$1,500 @2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III -PHYSICAL DAMAGE COVERAGE,A. COVERAGE,is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". p d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill. e. if"loss" results from the total theft of a covered "auto" of the private passenger type, we will l pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4.Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE-BROADENED COVERAGE Under SECTION III-PHYSICAL DAMAGE COVERAGE,A. COVERAGE,we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V-DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 8 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III - PHYSICAL DAMAGE COVERAGE,B. EXCLUSIONS is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 4 of 7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment 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" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a$100 deductible. 14. LOAN !LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a"Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", L Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss"_ An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V-DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "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. @2010 Liberty Mutual Insuranoe Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 5 of 7 15. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and " > c. Unoccupied. The 'loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. "s This provision does not apply to any 'loss" if the covered "auto" is in the charge of any person or s" organization engaged in the automobile business. SECTION IV -BUSINESS AUTO CONDITIONS Is amended as follows: 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, Paragraph 8.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 18. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident', claim, "suit' or 'loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company: 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (1) How, when and where the "accident' or "foss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 19. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.S., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or 'loss", our rights are waived also. 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 6 of 7 20. HIRED AUTO COVERAGE TERRITORY SECTION IV- BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For"autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a"suit', on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V-DEFINITIONS is amended as follows: 21. BODILY INJURY REDEFINED Under SECTION V-DEFINTIONS, definition C.is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 22. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. 02010 Liberty Mutual Insurance Company.Al rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 7 of 7 COMMERCIAL AUTO CA 99 03 03 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO MEDICAL PAYMENTS COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM s� With respect to coverage provided by this en- 3. "Bodily injury" sustained by any "fam- dorsement, the provisions of the Coverage Form ily member" while "occupying" or apply unless modified by the endorsement. struck by any vehicle (other than a cov- ered "auto") owned by or furnished or A. Coverage available for the regular use of any We will pay reasonable expenses incurred "family member". for necessary medical and funeral services 4. "Bodily injury" to your "employee" to or for an "insured" who sustains "bodily arising out of and in the course of em- injury" caused by "accident". We will pay ployment by you. However, we will cov- only those expenses incurred, for services er "bodily injury" to your domestic rendered within three years from the date of "employees" if not entitled to workers' the "accident". compensation benefits, For the pur- B. Who Is An Insured poses of this endorsement, a domestic 1. You while "occupying" or, while a pe- "employee" is a person engaged in destrian, when struck by any "auto". household or domestic work performed principally in connection with a resi- t. If you are an individual, any "family dence premises. member" while "occupying" or,"auto".while a pedestrian, when struck by any , "Bodily injury" to an "insured" while 3. Anyone else "occupying" a covered working in a business of selling, servic- Y pY g" ing, repairing or parking "autos" unless "auto" or a temporary substitute for a that business is yours. covered "auto". The covered "auto" must be out of service because of its 6. Bodily injury" arising directly or In- breakdown, repair, servicing, loss or de- directly out of: struction, a. War, including undeclared or civil C. Exclusions war; This insurance does not apply to any of the b. Warlike action by a military force, following: including action in hindering or de- l. "Bodilyinjury" sustained b an "in- fending against an actual or expect- 1 rY Y ed attack, by any government, sov- sured" while "occupying" a vehicle lo- ereign or other authority using cated for use as a premises. military personnel or other agents; 2. "Bodily injury" sustained by you or any or "family member" while "occupying" or c. Insurrection, rebellion, revolution, struck by any vehicle (other than a cov- usurped power, or action taken by ered "auto") owned by you or furnished governmental authority in hindering or available for your regular use. or defending against any of these. CA 99 03 03 06 ©ISO Properties, Inc., 2005 Page 1 of 2 7. "Bodily injury" to anyone using a ve- E. Changes In Conditions hicle without a reasonable belief that The Conditions are changed for Auto Medi- the person is entitled to do so. cal Payments Coverage as follows: 8. "Bodily Injury" sustained by an "in- 1. The Transfer Of Rights Of Recovery sured" while "occupying" any covered Against Others To Us Condition does "auto" while used in any professional not apply. racing or demolition contest or stunting 2. The reference in Other Insurance in the activity, or while practicing for such Business Auto and Garage Coverage contest or activity, This insurance also does not apply to any "bodily injury" Forms and Other Insurance - Primary And Excess Insurance Provision in the sustained by an "insured" while the Truckers and Motor Carrier Coverage auto,. is being prepared for such a contest or activity. Forms to "other collectible insurance" D. Limit Of Insurance applies only to other collectible auto medical payments insurance. Regardless of the number of covered F. Additional Definitions "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident", As used in this endorsement: the most we will pay for "bodily injury" for 1. "Family member" means a person re- each "insured" injured in any one "acci- lated to you by blood, marriage or dent" is the Limit Of Insurance for Auto adoption who is a resident of your Medical Payments Coverage shown in the household, including a ward or foster Declarations. child. No one will be entitled to receive duplicate 2. "Occupying" means in, upon, getting in, payments for the same elements of "loss" on, out or off. under this coverage and any Liability Cov- erage Form, Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage endorsement attached to this Cov- erage Part. 0 s CA 99 03 03 06 ®ISO Properties, Inc., 2005 Page 2 of 2 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 ERRORSAND �— 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 ggg= POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART l� RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK COVERAGE PART A. The provisions of Paragraph B. are added to 5. Coverage C - Mortgageholder's Liability all Insuring Agreements that set forth a duty under the Mortgageholder's Errors And to defend under: Omissions Coverage Form. 1. Section I of the Commercial General Li- Paragraph B. also applies to any other provi- ability, Commercial Liability Umbrella, sion in the policy that sets forth a duty to de- Electronic Data Liability, Farm, Liquor Li- fend. ability, Owners And Contractors Protec- B. If we initially defend an insured ("insured") or tive Liability, Pollution Liability, Pro- pay for an insured's ("insured's") defense but ducts/Completed Operations Liability, later determine that none of the claims Product Withdrawal, Medical Profession- ("claims"), for which we provided a defense al Liability, Railroad Protective Liability or defense costs, are covered under this in- and Underground Storage Tank Cover- surance, we have the right to reimbursement age Parts, Auto Dealers Coverage Form for the defense costs we have incurred. and the Farm Umbrella Liability Policy; The right to reimbursement under this provi- 2. Section 11 under the Auto Dealers, Busi- sion will only apply to the costs we have in- ness Auto and Motor Carrier Coverage curred after we notify you in writing that Forms; there may not be coverage and that we are a 3. Section III under the Auto Dealers and reserving our rights to terminate the defense Motor Carrier Coverage Forms; or the payment of defense costs and to seek 4. Section A. Coverage under the Legal Li- reimbursement for defense costs. ability Coverage Form; and IL 01 23 11 13 0 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 favor- Coverage Part and the Capital Assets Pro- able to the insured, gram (Output Policy) Coverage Part, if A. Cancellation made a part of this policy, by mailing or 1. The first Named Insured shown in the delivering to the first Named Insured and Declarations may cancel this policy by the first Named Insureds agent or broker notifying us or the insurance producer in written notice of cancellation at least five one of the following ways: days before the effective date of cancella- tion for any structure where two or more a. Written notice by mail, fax or e-mail; of the following conditions exist: b. Surrender of the policy or binder; or a. Without reasonable explanation, the c. Verbal notice, structure is unoccupied for more Upon receipt of such notice, we will can- than 60 consecutive days, or at least cel this policy or any binder issued as evi- 65% of the rental units are unoccu- dence of coverage, effective on the later pied for more than 120 consecutive of the following: days, unless the structure is main- a. The date on which notice is received tained for seasonal occupancy or is or the policy or binder is surren- under construction or repair; dered; or b. Without reasonable explanation, b. The date of cancellation requested progress toward completion of per- by the first Named Insured. manent repairs to the structure has not occurred within 60 days after re- 2. We may cancel this policy by mailing or ceipt of funds following satisfactory delivering to the first Named Insured and adjustment or adjudication of loss re- the first Named Insured's agent or broker sulting from afire; written notice of cancellation, including c. Because of its physical condition, the the actual reason for the cancellation, to the last mailing address known to us, at structure is in danger of collapse; least: d. Because of its physical condition, a a. 10 days before the effective date of vacation or demolition order has cancellation if we cancel for nonpay- been issued for the structure, or it ment of premium; or has been declared unsafe in accor- dance with applicable law; b. 45 days before the effective date of e. Fixed and salvageable items have cancellation if we cancel for any oth- been removed from the structure, in- er reason; dicating an intent to vacate the struc- except as provided in Paragraphs 3. and ture; 4. below. f. Without reasonable explanation, heat, 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 01 46 08 10 0 Insurance Services Office, Inc., 2010 Page 1 of 4 4. If: 7. If this policy is cancelled, we will send a. You are an individual; the first Named Insured any premium re- b. A covered auto you own is of the fund due. If we cancel, the refund will be "private passenger type'; and pro rata. If the first Named Insured can- cels,policy garage, the refund will be at least 90%of the p cY 9 g pro rata refund unless the following ap- automobile sales agency, repair plies: shop, service station or public park- a. For Division Two -Equipment Break- ing place operations hazards; dawn, if the first Named Insured can- we may cancel the Commercial Auto- cels, the refund will be at least 75% e mobile Coverage Part by mailing or of the pro rata refund. delivering to the first Named Insured and b. If: the first Named Insured's agent or broker written notice of cancellation, including (1) You are an individual; —"" the actual reason for cancellation, to the (2) A covered auto you own is of the last mailing address known to us: "private passenger type' a. At least 10 days before the effective (3) The policy does not cover ga- date of cancellation if we cancel for rage, automobile sales agency, nonpayment of premium; or repair shop, service station or b. At least 10 days before the effective public parking place operations s date of cancellation for any other rea- hazards; and s son if the policy is in effect less than (4) The first Named Insured cancels; 30 days; or the refund will be not less than 90% c. At least 20 days before the effective of any unearned portion not exceed- date of cancellation for other than ing $100, plus 95% of any unearned nonpayment if the policy is in effect portion over $100 but not exceeding 30 days or more; or $500, and not less than 97% of any d. At least 20 days before the effective unearned portion in excess of$500. date of cancellation if the policy is in The cancellation will be effective even if effect for 60 days or more or is a re- we have not made or offered a refund. newal or continuation policy, and the 8. If notice is mailed, proof of mailing will reason for cancellation is that your be sufficient proof of notice. driver's license or that of any driver who customarily uses a covered B. Changes "auto" has been suspended or The policy contains all the agreements be- revoked during policy period. tween you and us concerning the insurance 5. We will also mail or deliver to any mort- afforded. The first Named Insured shown in gage holder, pledgee or other person the Declarations is authorized to make shown in this policy to have an interest in changes in the terms of this policy with our any loss which may occur under this poli- consent. This policy's terms can be amended a cy, at their last mailing address known to or waived only by endorsement issued by us us, written notice of cancellation, prior to and made a part of this policy. the effective date of cancellation. If can- C. Examination Of Your Books And Records cellation is for reasons other than those We may examine and audit your books and contained in Paragraph A.3. above, this records as they relate to this policy at any + notice will be the same as that mailed or time during the policy period and up to three delivered to the first Named Insured. If years afterward. cancellation is for a reason contained in D. Inspection And Surveys Paragraph A.3. above, we will mail or de- liver this notice at least 20 days prior to 1. We have the right to: the effective date of cancellation. a. Make inspections and surveys at any 6. Notice of cancellation will state the effec- time; tive date of cancellation. The policy pe- b. Give you reports on the conditions riod will end on that dale. we find; and c. Recommend changes. Page 2 of 4 ® Insurance Services Office, Inc., 2010 IL 0146 08 10 2. We are not obligated to make any inspec- G. Nonrenewal tions, surveys, reports or recommenda- 1. We may elect not to renew this policy by tions, and any such actions we do under- mailing or delivering written notice of take relate only to insurability and the nonrenewal, stating the reasons for premiums to be charged. We do not nonrenewal, to the first Named Insured make safety inspections. We do not un- and the first Named Insured's agent or dertake to perform the duty of any person broker, at their last mailing addresses or organization to provide for the health known to us. We will also mail to any or safety of workers or the public. And we mortgage holder, pledgee or other per- do not warrant that conditions: son shown in this policy to have an inter- a. Are safe or healthful; or est in any loss which may occur under b. Comply with laws, regulations, this policy, at their last mailing address codes or standards. known to us, written notice of 3. Paragraphs 1. and 2. of this condition ap- nonrenewal. We will mail or deliver these ply not only to us, but also to any rating, notices at least 45 days before the: advisory, rate service or similar organiza- a. Expiration of the policy; or tion which makes insurance inspections, b. Anniversary date of this policy if this surveys, reports or recommendations. policy has been written for a term of 4. Paragraph 2. of this condition does not more than one year. apply to any inspections, surveys, reports Otherwise, we will renew this policy un- or recommendatlons we may make rela- less: five to certification, under state or mu- a. The First Named Insured fails to pay nicipal statutes, ordinances or regula- the renewal premium after we have tions, of boilers, pressure vessels or expressed our willingness to renew, elevators. including a statement of the renewal E. Premiums premium, to the first Named Insured The first Named Insured shown in the Dec- and the first Named Insured's insur- larations: ance agent or broker, at least 20 days 1. Is responsible for the payment of all pre- before the expiration date; miums; and b. Other coverage acceptable to the in- 2. Will be the payee for any return premi- sured has been procured prior to the ums we pay. expiration date of the policy; or F. Transfer Of Your Rights And Duties Under c. The policy clearly states that it is not This Policy renewable and is for a specific line, subclassification, or type of coverage Your rights and duties under this policy may that is not offered on a renewable ba- not be transferred without our written con- sis. sent except in the case of death of an individ- 2. If: ual Named Insured. If you die, your rights and duties will be trans- a. You are an individual; ferred to your legal representative but only b. A covered auto you own is of the while acting within the scope of duties as "private passenger type'; and your legal representative. Until your legal re- c. The policy does not cover garage, presentative is appointed, anyone having automobile sales agency, repair s proper temporary custody of your property shop, service station or public park- will have your rights and duties but only with ing place operations hazards; respect to that property. IL 0146 08 10 0 Insurance Services Office, Inc., 2010 Page 3 of 4 the following applies to nonrenewal of b. We will not refuse to renew Liability the Commercial Automobile Coverage Coverage or Collision Coverage sole- Part in place of GA.: ly because an "insured" has submit- a. We may elect not to renew or con- ted claims under Comprehensive tinue this policy by mailing or Coverage or Towing And Labor Cov- delivering to you and your agent or erage. broker written notice at least 20 days c. If we fail to mail or deliver proper no- before the end of the policy period, tice of nonrenewal and you obtain including the actual reason for other insurance, this policy will end nonrenewal. If the policy period is on the effective date of that insur- more than one year, we will have the ance. right not to renew or continue it only �C at an anniversary of its original effec- tive date. If we offer to renew or con- tinue 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 0 1= you have not accepted our offer. s � sx Page 4 of 4 ® Insurance Services Office, Inc., 2010 IL 01 46 08 10 IL 01 98 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 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, A. Under any Liability Coverage, to "bodily to expenses incurred with respect to injury" or "property damage": "bodily injury" resulting from the "haz- ardous properties" of "nuclear materi- (1) With respect to which an "insured" al" and arising out of the operation of a under the policy is also an insured "nuclear facility" by any person or or- under a nuclear energy liability poli- ganization. cy issued by Nuclear Energy Liabil- ity Insurance Association, Mutual C. Under any Liability Coverage, to "bodily Atomic Energy Liability Underwrit- injury" or "property damage" resulting ers, Nuclear Insurance Association from "hazardous properties" of "nuclear of Canada or any of their succes- material", if: sors, or would be an insured under (1) The "nuclear material" (a) is at any any such policy but for its termina- "nuclear facility" owned by, or op- tion upon exhaustion of its limit of erated by or on behalf of, an "in- liability; or sured" or (b) has been discharged (2) Resulting from the "hazardous or dispersed therefrom; properties" of "nuclear material" (2) The "nuclear material" is contained and with respect to which (a) any in "spent fuel" or "waste" at any 5 person or organization is required time possessed, handled, used, pro- to maintain financial protection pur- cessed, stored, transported or suant to the Atomic Energy Act of disposed of, by or on behalf of an x 1954, or any law amendatory there- "insured"; or of, or (b) the "insured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agree- ment entered into by the United States of America, or any agency thereof, with any person or organi- zation. IL 01 98 09 08 ®ISO Properties, Inc., 2007 Page 1 of 2 (3) The "bodily injury" or "property "Nuclear facility" means: damage" arises out of the furnish- (a) Any "nuclear reactor; ing by an "insured" of services, materials, parts or equipment in (b) Any equipment or device designed connection with the planning, con- or used for (1) separating the iso- struction, maintenance, operation or topes of uranium or plutonium, (2) use of any "nuclear facility", but if processing or utilizing "spent fuel", or (3) handling, processing or pack- such facility is located within the United States of America, its ter- ritories or possessions or Canada, (c) Any equipment or device used for this Exclusion (3) applies only to the processing, fabricating or "property damage" to such "nucle- alloying of "special nuclear mate- ar facility" and any property rial" if at any time the total amount thereat. of such material in the custody of r 2. As used in this endorsement: the "insured" at the premises where such equipment or device is "Hazardous properties" include radioactive, located consists of or contains toxic or explosive properties; more than 25 grams of plutonium "Nuclear material" means "source materi- or uranium 233 or any combination al", "Special nuclear material" or "by-prod- thereof, or more than 250 grams of uct material"; uranium 235; I "Source material", "special nuclear mate- (d) Any structure, basin, excavation, rial", and "by-product material" have the premises or place prepared or used meanings given them in the Atomic Energy for the storage or disposal of Act of 1954 or in any law amendatory there- "waste"; of; and includes the site on which any of the "Spent fuel" means any fuel element or fuel foregoing is located, all operations conduct- component, solid or liquid, which has been ed on such site and all premises used for used or exposed to radiation in a "nuclear such operations; reactor"; "Nuclear reactor" means any apparatus de- "Waste" means any waste material (a) contain- signed or used to sustain nuclear fission in ing "by-product material" other than the tailings a self-supporting chain reaction or to con- or wastes produced by the extraction or con- tain a critical mass of fissionable material; centration of uranium or thorium from any ore "Property damage" includes all forms of ra- processed primarily for its "source material" dioactive contamination of property. content, and (b) resulting from the operation by any person or organization of any "nuclear fa- cility" included under the first two paragraphs of the definition of "nuclear facility". 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