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PW17-561 - Original - Traffic Count Consultants, Inc. - Provide Traffic Counts For Various City Locations - 12/28/2017
KENT r w �� ��,� ,D G��cument 11 4110,001 �;�� �� -- all� 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: Traffic Count Consultants, Inc. Vendor Number: JD E9dwards Number d Contract Number: g 11 This is assigned by City Clerk's Office JC Project Name: Traffic Counts Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date: 6/15/18 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: April Delchamps Department: Engineering Contract Amount: S32.742.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Provide traffic counts for various locations throughout the city. As of: 08/27/14 GOODS & SERVICES AGREEMENT between the City of Kent and Traffic Count Consultants, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Traffic Count Consultants, Inc. organized under the laws of the State of Washington, located and doing business at 1300 9th St. SW, Puyallup, WA 98371, Phone: (253) 770-1407, Contact: Jennifer Hodge (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall provide traffic counts for various locations throughout the city. For a description, see the Vendor's Scope of Work which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by June 15, 2018. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Thirty Two Thousand, Seven Hundred Forty Two Dollars ($32,742.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Vendor shall be paid after submittal of invoice. GOODS & SERVICES AGREEMENT - 1 (Over$20,000, including WSST) If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. r)PfPrhve nr Ilnniifhnri7Pri wnrle The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment; Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D, The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F, The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach GOODS & SERVICES AGREEMENT - 2 (Over$20,000, including WSST) agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to CoLn lute Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. GOODS & SERVICES AGREEMENT - 3 (Over$20,000, including WSST) D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). I E, Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER 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 Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable GOODS & SERVICES AGREEMENT - 4 (Over$20,000, including WSST) attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor 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 Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. RPcnlntinn of nicniapc nnri Qnvornlnn Law. This Agreement shall be governed by and construed in accordance with thelaws 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; proyidRd, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. GOODS & SERVICES AGREEMENT - 5 (Over$20,000, including WSST) H. CompogInr0w wwlb_q W5. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or In the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 1, pgg $ ,q. (, The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified bin Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor 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 Vendor, agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City--134oj0e s....,_Uonsa..,JRvqui d. Prior to commencing the tasks described In Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. by, [d71_gJ ,. tllf.d.l.• 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. ....._ w . ._. ... . VENDOR. CITY OF KE BytPh (slg tare. (sl�rrataa . r �r .... Pri Na e• OZStw or _.-- Its Mt I y 41GYe) DATE_ .I P Z �i _ ..... D T NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Jennifer Hodge Timothy J. LaPorte, P.E. Traffic Count Consultants, Inc. City of Kent 1300 91" St. SW 220 Fourth Avenue South Puyallup, WA 98371 Kent, WA 98032 (253) 770-1407 (telephone) (253) 856-5500 (telephone) (253) 770-1411 (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department _...... Tmmc Counl Cmfuuanu GwntUDalcnemp, GOODS & SERVICES AGREEMENT - 6 (Over$20,000, including WSST) 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 thernselves 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. S. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By For. �t.Ld ��. Title: F�m!�gjr!�I own J' ........._, _. EEO COMPLIANCE DOCUMENTS - 1 of 3 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 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of 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 of 3 EXHIBIT A Traffic Count Cons ultants, Inc . WNOVATIV6APPLIOATa)N Ov eNGiN99RINGnXCCLLENt2 DBE&Wnn CeN[led City of Kent—Public Works Engineering 12/19/2017 April Delchamps, MPA 400 W Gowe St Kent, WA 98032 RE: City of Kent—Traffic Count Request for Quote: King County April, I This letter serves as a response to the request for a quote for City-Wide counts in Kent. Thank you for allowing Traffic Count Consultants, Inc. the opportunity to provide a quote. The prices are described below. Turning Movement Counts—2 hour(hours TBD) • (51) Single intersection counts @$105.00 each =$5,355.00. • (25) Double intersection counts @ $185.00 each =$4,625.00. Pierce County "For all turning mv men ment count% pedesitrlgrts�gt2 goyi i leo crossed. i and HeavyVa 0 are counted by approach" Total for Turning Movement Counts =$9,980.00. (165) 3-day, Axle Classification &Volume counts @ $160.00 each=$26,400.00. Snohomish If the City chooses to get both turning movement counts and ADT counts, TCZ, Inc.will also give an County additional 10%discount, due to the size of the project. Grand Total: $36,380.00. After 10% Discount: $32,742.00. At this time, a list of tube count locations has not been provided. Once all of the locations have been identified, TC2, Inc. and City of Kent staff will discuss the possibility of collection difficulties,for Axle Classification, at specific locations. If it is found that there are too many lanes, (without center medians) volume only counts will be provided at the rate of$135.00 per location. Thank you, Thurston County Jennifer Hodge-President TC'inc: Traffic Count Consultants, Inc a nEwnn -,nnm TeamLSTC21nc-com Web Site; TC2inc cam Olympic 1300—9" St SW Peninsula Puyallup, WA 98371 Phone: (253) 770-1407 Fax: (253) 770-1411 Opefanons Office TOinc, 1300—9"St S W Puyallup,WA 98711 Phone:253770-1407 FAX 25377014/1 ENail 'ream@TC2ine.cnm EXHIBIT S INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENT: Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability_ insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers` Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability_ insurance with a minimum combined s'agle limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial general Liabiliity insurance shall be written with limits no less than $2,000,000 each occurrence, $1,000,000 general aggregate. XHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The ConSUltant'S Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insure) against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same i-Isurance requirements as stated herein for the Consultant. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD Y) 3..,..:.. 12/19/2017 THIS CERTIFICATE I$ ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TEL .:.RTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE ti "bFIDED BY THE POLICIES BELOW, THIS CERTIFICATE'; OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUII, INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED the ollc Yes must be endorsed. If SUBM-P p '. y( j w`L1N IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certifies'.-: hoes not confer rights to the certificate holder in lieu of such endorsements), '. PRODUCER NAME, Mark Maberry Kuresman Insurance PHONE HOE Exit; (360) 692 6131 �T I� Na (360)69x 5187 9321 Sayahore Dr. NW fE1lMAILSs:markm®kureemanlns.com k _— _- --- STE 111 INSURERISf Af FORDINGCOVERI 1 _Nq ICb Silverdale WA 98383-8350 INSURERA:OHIO SECURITY 24082 INSURED ......... ..0 ... ,-. -...... .--, INSURER a CAHITOL SPECIALTY INSt,3r;. �117 R t 1]➢(S Traffic Count Consultants Inc INSURER 1300 9th St SW INSURFR D C/O Jennifer Hodge INSURER Puyallup WA 98371 IN5I1RER P COVERAGES CERTIFICATE NUIMBER:CL1772705921 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W`(H 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, IN iIY AISel ISUBRI POLIDYEFF POLICYEKP I',u ttPE OFINSURANCE POLICY NUMBER IMMIDmvvv rMWOD(YYYyI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCUK'^NCE S 1,000,000 .` """"" DAMAGE TO- ED1,000 000 :-. J CLAIMS MADE a OCCUR PREMISPC 4Y, urrmrlc _ S X BKS55024758 8/1/2017 8/1/2018 - 15,000 . .. ..., _.... ... MlCtt CxP(Ar, 7lldrxun8 _ b _ PERSONA-6 INJURY $ 1,000 000 COIL AGGREGATE LIMI I APPLIES PER. 0 NERALAC' -GATE $ 2,000,000 X POLICY L. PRO` � LOC PRODUCTS- 'IOPAGG $ 2,000 000 ECT OTHER.. E:xparao Me,: ;u,1 $ AUTOMOBILE LIABILITY COMBINED c. oLE LIMIT $ 11000,000 000 A X ANY AUTO BODILY INJUr.Y,P,pcTR0) $ ALL OWNED SCHEDULED BAS55024758 2/22/2D17 2/22/2018 BODILY INJURY(PerecAd.rE $ AUTOS AUTOS ON _ - N DVJNED PROPERTY C I.M;, $ HIRED AUTOS �.. AUTOS 1Per skw wt4.. _. --5,000 UMBRELLA LIAB OCCUR EACH CCCUI'--NCE $ _ EXCESS LIAB CLAIMS-MADE AGGREGATE_ $ DED I RETENTION$ $ WORKERS COMPENSATION PER c?GTI ITF X Fe AND EMPLOYERS'LIABILITY YIN - ANY PROPRIE'.TORPRARTNSIOEXECUINE NIA EL EACH AC—IDENr $ 11000,000 OPPIC^P.RUMEMHFR PXOLLlGE95T a A YMarvda[ary In rim, NIA 8/1/2017 8/1/2016 EL DISEASE EA EMPLOYEE' $ 11000,000 If M,debd'IIbe udder DLK•3CRIPTION OF OPERATORS UMM EL DISEASE-POLICY LIMIT S 2,000,000 A PROFESSIONAL LIABILITY SGCO7227-01 8/1/2D17 8/1/2018 OCCURRENCE 11000,000 RETRO DATE 08/1/2017 AGGREGATE 2,000,000 DESCRIPTION OF OPERATIONS)LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED FOR GENERAL LIABILILTY BY WRITTEN AGREEMENT PER CG8810. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED P-LICIES BE CANCELLED BEFORE CITY OF KENT THE EXPIRATION DATE THEREOF, NO'IICE WILL BE DELIVERED IN 400 West Goble Street ACCORDANCE WITH THE POLICY PROVISIONS. Kent, WA 98032 AUTHORIZED REPRESENTATIVE Mark Maberry/MWM A➢/.:1, ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) I,.iberty d1�}ati,llal, �INSURANCE Policyholder Information Named Insured&Mailing Address Agent Mailing Address&Phone No. TRAFFIC COUNT CONSULTANTS INC (360) 692-6131 CIO Jennifer Hodge KURESMAN INSURANCE LLC 1300 9th St SW 9321 BAY SHORE DR NW STE I I I Puyallup, WA 98371 SILVERDALE, WA 98383-8350 Dear Policyholder: We know you work hard to build your business. We work together with your agent, Your KURESMAN INSURANCE LLC (360) 692-6131Commercial 6 to help protect the things you care about. Thank you for selecting us. Documents Enclosed arc your insurance documents consisting of. Commercial Package 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 (360) 692-6131 e Verify that at[ information is correct 1f you have any changes, please contact your Agent at (360) 692-6131 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 72 42 01 15 Terrorism Insurance Premium Disclosure And Opportunity To Reject NP 73 47 11 16 Premium Determination for Subcontractors NP 74 06 01 06 Flood Insurance Notice 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 94 05 01 14 Important Notice to Policyholders - Changes in Coverage - Commercial Property Coverage Part - Edition 10 12 NP 96 00 10 14 General Liability Access Or Disclosure Of Confidential Or Personal Information Exclusions Advisory Notice To Policyholders NP 98 20 01 15 Jurisdictional Boiler And Pressure Vessel Inspections • 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. 06/09/17 TRAFFIC COUNT CONSULTANTS INC BKS (18) 55 02 47 56 From 09/01/2017 TO 08/01/2018 1300 9Lh SL SW Puyallup, WA 98371 (360) 692-6131 KURESMAN INSURANCE LLC 9321 BAYSHORE DR NW STE III SILVERDALE, WA 98383-8350 TERRORISM INSURANCE PREMIUM DISCLOSURE AND OPPORTUNITY TO REJECT This notice contains important information about the Terrorism Risk Insurance Act and its effect on your ` 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 ry 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, lasses 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% $1801000,000 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: [A]ny act that is certified by the Secretary [of the Treasury ] 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, (II) property, or (111) infrastructure, (iii) to have resulted in damage within the United States, or outside of the United States in the case of - (I) 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 rejection is received within thirty (30) 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. ❑ I hereby reject this offer of coverage. I 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 TRAFFIC COUNT CONSULTANTS INC BKS (18) 55 02 47 58 Policy Effective/Expiration Date From 08/01/2017 To 08/01/201B 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, INC, 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 © 20151-iberty Mutual Insurance Page 2 of 2 NP73471116 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 a construction related insured, a portion of your construction operations may be performed by sub- contractors. In order to minimize your loss exposure and reduce your premium charge for subcontracted work, your subcontractors must carry 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"? We will use the total cost of the subcontracted work to determine your premium regarding your Con- mercial General Liability coverage. 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 sub- contractor'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 sub- contract 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 Example Sub- contractor Worksheet, WS 70 03 06 00, that may assist you to establishing an organized method of moni- toring your subcontractor's work and their Certificates of Insurance. NP 73 47 11 16 © 20161-ibery Mutual Insurance Page 1 of 2 EXAMPLE Subcontractor Worksheet Agency: Policy Number: Certificate of Cost Paid to Certificate of Insurance for Total Cost Paid Subcontractor Insurance for General Liability Name of Description of to for Materials Workers Comp with at least Subcontractor Operation Subcontractor Only Coverage $300,000limits per Occurrence (Y) or (N) (Y) or (N) Jones Excavating 'Foundations $15,000 $5,000 Y Y excavated Hart Electrical '..Residential Work $7,000 $0 Y Y WS 70 03 06 00 NP 73 47 11 16 © 2016 Liberty Mutual Insurance Page 2 of 2 NP 74 06 01 06 FLOOD INSURANCE NOTICE Unless a Flood Coverage endorsement is attached, your policy does not provide flood coverage and you will not have coverage for property damage from floods unless you purchase a separate policy for flood insur- ance through the Federal Emergency Management Agency (FEMA) National Flood Insurance Program. If you would like more information about obtaining coverage under the National Flood Insurance Program, please contact your agent. NP 74 06 01 06 Page 1 of 1 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 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: • 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.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. © 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 i i NP 74 50 01 07 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. o 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 e 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. N P 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? 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? 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 process. Please contact us at 1-888-224-9246 or via E-mail at PremiumAuditServices@libertymutuatcom NIP 74500107 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, o 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 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 © 20101-iberty Mutual Insurance Company.All rights reserved. Page 1 of 1 NP94050114 IMPORTANT NOTICE TO POLICYHOLDERS CHANGES IN COVERAGE COMMERCIAL PROPERTY COVERAGE PART - EDITION 10 1.2 Dear Valued Policyholder, Thank you for selecting us as your carrier for your commercial insurance. The various coverage forms that constitute the Commercial Property Coverage Part of your policy are being updated, As a result, we are amending the policy form(s) listed below, which will result in changes to your coverage. This notice contains a brief summary of coverage changes organized by policy section. Please note that not all of the endorsements indicated may apply to your specific policy. In addition, this notice does not reference every editorial change made to the endorsement or coverage form, it only reflects 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. These changes become effective as of the effective date of your replacement policy. Please note that this notice does not apply to you or your policy in the event you have received, or do receive, a notice of cancellation or nonrenewal. Should you have questions after reviewing the changes outlined below, please contact your independent agent. Thank you for your business. COVERAGE FORMS, CAUSES OF LOSS FORMS AND RELATED ENDORSEMENTS 1. BROADENINGS OF COVERAGE ♦ Civil Authority Additional Coverage (CP 00 30, CP 00 32, CP 00 50) The basic coverage period for the Civil Authority Additional Coverage is increased from three weeks to four weeks. • Coverage Radius for Business Personal Property and Personal Property of Others (CP 00 10, CP 00 18, CP 00 99, CP 17 98) These forms are revised to extend coverage for business personal property and personal property of others to such property when located within 100 feet of the building or 100 feet of the described premises, whichever distance is greater. w Debris Removal (CP 00 10, CP 00 17, CP 00 18, CP 00 20, CP 00 80, CP 00 99) The additional Limit of Insurance for debris removal expense is increased from $10,000 to $25,000. Further, coverage for debris removal is expanded to include the expense of removing debris of certain property of others. The total expense for all debris removal is subject to the limitations stated in the policy concerning amount of coverage, including the aforementioned additional Limit of Insurance. However, when no Covered Property sustains direct physical loss or damage, cov- erage for the removal of debris of others' property is limited to $5,000, The Outdoor Property Coverage Extension is revised to include debris removal expense for trees, shrubs and plants that are the property of others, except trees, shrubs and plants owned by the landlord of an insured tenant. Related change: Debris Removal Additional Insurance Endorsement CP 04 15 makes reference to the policy's aforementioned limit of $25,000. © 2014Liberty Mutual Insurance.All rights reserved, NP 94 05 01 14 Includes copyrighted material of Insurance Services Office, Inc.,with its permission, Page 1 of 9 • Electronic Data in Building Equipment (CP 00 10, CP 00 17, CP 00 18, CP 00 30, CP 00 32, CP 00 40, CP 00 50, CP 00 70, CP 00 99) The property damage and related Coverage Forms (CP 00 10, CP 00 17, CP 00 18, CP 00 40, CP 00 70, CP 00 99) are revised to remove the $2,500 limitation on electronic data with respect to loss or damage to electronic data which is integrated in and operates or controls the building's elevator, lighting, heating, ventilation, air conditioning or security system. Coverage for such electronic data will be considered part of the coverage on the building. Further, under property damage forms, the $2,500 limitation will no longer apply to stock of prepackaged software. Coverage for prepackaged software will be subject to the Limit of Insurance otherwise applicable to such personal property. The business interruption Coverage Forms (CP 00 30, CP 00 32, CP 00 50) are revised so that the $2,500 limitation does not apply when loss or damage to electronic data involves only electronic data which is integrated in and operates or controls a building's elevator, lighting, heating, ventila- tion, air conditioning or security system. A business interruption caused by loss or damage to such electronic data will be subject to the coverage otherwise applicable to a covered business interrup- tion. • Entrusted Property (CP 10 30) In the Causes Of Loss - Special Form CP 10 30, the exclusion of dishonest or criminal acts is revised to distinguish between those who have a role in the insured's business (partners, managers, em- ployees, etc.) and others to whom property may be entrusted (a category that includes tenants and bailees, for example), With respect to the latter category, the exclusion is narrowed to apply only to theft. Further, the exception to the exclusion (which enables coverage for acts of destruction ) is e revised to extend applicability to authorized representatives. • Extended Business Income, Extended Period of Indemnity (CP 00 30, CP 00 32) The number of days' coverage under the Extended Business Income provision is increased from 30 to 60 days. Accordingly, the Extended Period of Indemnity option, if applicable, is revised to begin after 60 days. • Fire Department Service Charge (CP 00 10, CP 00 17, CP 00 18, CP 00 20, CP 00 80, CP 00 99) The Fire Department Service Charge Additional Coverage is revised to enable purchase of a higher limit of coverage. This is a new coverage option which broadens a policy to which it applies. • Outdoor Signs (CP 00 20, CP 00 10, CP 00 17, CP 00 18, CP 00 99) In form CP 00 20, the Limit of Insurance for signs attached to the building is increased from $1,000 per sign to $2,500 per sign in any one occurrence. In forms CP 00 10, CP 00 17, CP 00 18 and CP 00 99, the Limit of Insurance for attached outdoor signs is increased from $1,000 to $2,500 per sign in any one occurrence. The Limit of Insurance for detached outdoor signs is increased from $1,000 per-occurrence (in total) to $2,500 per sign in any one occurrence. Further, coverage for detached outdoor signs is broadened to include all causes of loss otherwise covered under the applicable Causes of Loss form. • Party Walls (CP 00 10, CP 00 17, CP 00 20, CP 00 99) Potential broadening of coverage: As revised, the above captioned forms identify the exposure (party walls) and convey loss adjusting procedures for it. Under this insurance, loss payment relating to a party wall reflects the insured's partial interest in that wall. However, if the owner of the adjoining building elects not to repair or replace that building (and the building insured under this insurance is being repaired or replaced), this insurance will pay the full value of the party wall subject to all other applicable policy provisions. • Property in Storage Units (CP0010, CP0017, CP0018, CP00 99) A Coverage Extension for Business Personal Property Temporarily in Portable Storage Units is introduced. Under this Coverage Extension, a 90-day coverage period is provided for business personal property temporarily stored in a portable storage unit located within 100 feet of the described premises, subject to a sub-limit of $10,000 regardless of the number of storage units. • Specified Causes of Loss-Water Damage (CP 10 30) Coverage for water damage under the definition of "specified causes of loss" is expanded to include accidental discharge or leakage of water or waterborne material as the direct result of the breaking apart or cracking of certain off-premises systems due to wear and tear. © 2014 Liberty Mutual Insurance„All rights reserved, NP 94 05 01 14 Includes copyrighted material of Insurance Services Office, Inc„with its permission,. Page 2 of 9 • Utility Services Exclusion (CP 00 70, CP 00 99, CP 10 10, CP 10 20, CP 10 30) With respect to time element coverage, there is a broadening of coverage, in that on-premise s failure is limited to situations where the failure involves equipment used to supply utility service from an off-premises source. • Vegetated Roofs (CP 00 10, CP 00 17, CP 00 20, CP 00 70, CP 00 99, CP 10 10, CP 10 20, CP 10 30, CP 11 99) Property Not Covered is revised to make an exception for lawns, trees, shrubs and plants which are part of a vegetated roof, thereby treating such property as an insured part of the building, so that an existing vegetative roof can be replaced with like kind in the event of a loss, subject to policy terms and certain limitations. Accordingly, lawns, trees, shrubs and plants which are part of a vegetated roof are no longer covered under the more limited Outdoor Property Coverage Extension. 2. POTENTIAL REDUCTIONS OF COVERAGE • Civil Authority Additional Coverage (CP 00 30, CP 00 32, CP 00 50) For coverage to apply, access to the area immediately surrounding the damaged property must be prohibited by civil authority as a result of the damage and the insured's premises must be within that area, not more than 1 mile from the damaged property. • Newly Acquired Property (CP 00 10, CP 00 17, CP OD 18, CP 00 99, CP 17 98) Under the Newly Acquired Property Extension, the provision which extends an additional Limit of Insurance to newly acquired business personal property at the described premises is removed. There is no change to the coverage for newly acquired business personal property at newly ac- quired locations or at newly constructed or acquired buildings at the described location. • Utility Services Exclusion (CP 00 70, CP 00 99, CP 10 10, CP 10 20, Cl 30) This exclusion now applies to utility failure that originates at the described premises, when such failure involves equipment used to provide utility service supplied by an off-premises provider. With respect to time element coverage, the aforementioned statement is relevant to the covered building, since the current time element exclusion already includes failure originating on the de- scribed premises outside a covered building. 3. REINFORCEMENT OF COVERAGE • Artificially Generated Electrical Current Exclusion (CP 00 70, CP 00 99, CP 10 10, CP 10 20, CP 10 30) This exclusion has been revised to explicitly incorporate various terms that reflect current under- standing of technology with respect to power sources and associated systems, such as electromag- netic energy (including electromagnetic pulse or waves) and microwaves, and the various risks presented by them. • Business Personal Property and Personal Property of Others in Described Structures (CP 00 10, CP 00 17, CP 00 18, CP 00 99, CP 17 98, CP 17 99) The coverage provisions for Your Business Personal Property and Personal Property of Others are revised to make it explicit that such property is covered when located in the building or structure described in the Declarations • Collapse (CP 00 709 CP 10 20, CP 10 30) In forms CP 00 70 and CP 10 30, the exclusion for collapse, and the Additional Coverage - Collapse (which provides limited coverage), are revised to reinforce that relationship. In form CP 10 20, the Additional Coverage -Collapse is revised to reinforce the applicability of such coverage with respect to certain perils that are not otherwise covered by the policy. • Coverage Radius With Respect To Business Interruption (CP 00 30, CP 00 32, CP 00 50) In part, the coverage criteria for business interruption coverage relate to loss or damage to personal property in the open or in a vehicle within a certain distance from the described premises. The language relating to the coverage radius is revised to achieve more similarity between the radius outlined for insureds who are occupants of the entire premises and those who occupy only a part of the premises, and to use terminology similar to that used in property damage forms. © 2014 Liberty Mutual Insurance.All rights reserved, NP 94 05 01 14 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 3 of 9 • Earth Movement (CP 00 70, CP 00 99, CP 10 10, CP 10 20, CP 10 30) The Earth Movement Exclusion now makes explicit reference to earth movement caused by an act of nature or otherwise caused. In addition, the term earthquake now incorporates tremors and aftershocks. With respect to coverage for Volcanic Action (which is a limited exception to the exclusion of volcanic eruption), all such eruptions that occur within any 168-hour period constitute a single occurrence. • Electronic Data (CP 00 10, CP 00 17) The coverage provisions are revised to reinforce that the amount of coverage under Additional Coverages -Electronic Data applies in addition to the Limits of Insurance for any other coverages. • Electronic Data (CP 00 18, CP 00 99) The coverage provisions are revised to reinforce that the amount of coverage for Electronic Data applies in addition to the Limits of Insurance for any other coverages. • Fire Department Service Charge (CP 00 10, CP 00 17, CP 00 18, CP 00 20, CP 00 80, CP 00 99) = The Fire Department Service Charge Coverage is revised to specify that the amount of such cov- erage ($1,000 or a designated higher limit) applies to each premises described in the Declarations. Further, the language of the coverage provision is revised to make it explicit that the designated limit applies regardless of the number of responders or the number or type of services performed. • Increased Cost of Construction (CP 00 10, CP OO 17) The coverage provisions are revised to reinforce that the amount of coverage under Additional Coverages - Increased Cost of Construction applies in addition to the Limits of Insurance for any other coverages. • Interruption of Computer Operations Additional Coverage (CP 00 30, CP 00 32, CP 00 50) Revisions are made to reinforce that the amount of coverage for the Interruption of Computer Operations Additional Coverage applies in addition to the Limits of Insurance for any other cov- erages under these forms, • Ordinance or Law Exclusion (CP 00 10, CP 00 17, CP 00 18, CP 00 20, CP 00 30, CP 00 32, CP 00 50, C1130070, CP 00 80, CP 00 99, CP 10 10, CP 10 20, CP 10 30) The language of the Ordinance or Law Exclusion, which relates to enforcement of an ordinance or law, is revised to also refer to compliance with an ordinance or law. Similar references are revised in the policy's Increased Cost of Construction (ICC) Additional Cov- erage, Loss Payment and Valuation Conditions, and Replacement Cost Optional Coverage, and in the Period of Restoration definition in the business interruption forms. Further, the ICC coverage grant is revised to explicitly refer to compliance with the minimum standards of an ordinance or law. • Product Errors (CP 00 70, CP 10 30) Coverage does not apply to loss or damage to any merchandise, goods or other product, caused by error or omission in any stage of the development, production or use of the product. But if the error or omission results in a covered cause of loss, the loss or damage attributable to the covered cause of loss is covered. Coverage intent is reinforced, with an explicit provision, in light of sporadic claims being asserted in contradiction of intent. • Risk of Loss(CP 00 70, CP 10 30) The term "risk of is removed from the provisions related to insured perils in the Mortgageholders Errors and Omissions Coverage Form CP 00 70 and the Causes of Loss - Special Form CP 10 30. • Supplementary Payments (CP 00 40, CP 00 70) These forms are revised to make it more explicit that the amount of coverage under the Sup- plementary Payments Additional Coverage applies in addition to the Limit of Insurance provided under these forms. • Water Exclusion (CP 00 70, CP 00 99, CP 10 10, CP 10 20, CP 10 30) The Water Exclusion provided by endorsement CP 10 32 is incorporated into the aforementioned forms. As a result, endorsement CP 10 32 is no longer added to the policy. © 2014 Liberty Mutual Insurance.All rights reserved, NP 94 05 01 14 Includes copyrighted material of Insurance Services Office, Inc,,,with its permission. Page 4 of 9 • Miscellaneous Changes Editorial changes were made to various forms. The revisions are summarized below, • Condominium Association Coverage Form CP 00 17 is revised to include a definition of "stock", which is "merchandise held in storage or for sale, raw materials and in-process or finished goods, including supplies used in their packing or shipping". • Standard Property Policy CP 00 99 is revised to replace the term "Coverage" with the term "policy" in the Concealment, Misrepresentation Or Fraud Additional Condition. • Causes Of Loss - Basic Form CP 10 10 and Causes of Loss - Broad Form CP 10 20 are revised to specify that words and phrases which appear in quotation marks have special meaning and to refer to the Definitions section. OTHER ENDORSEMENTS 1. BROADENINGS OF COVERAGE • Condominium Commercial Unit-owners Optional Coverages Endorsement (CP 04 18) This endorsement is revised to provide the means for selecting a limitation (sub-limit) over $1,000 for assessments that result from a deductible in the insurance purchased by the condominium association. Coverage is broadened if a sub-limit over $1,000 is entered in the Schedule of the endorsement. • Dependent Properties - Business Interruption (CP 15 01, CP 15 02, CP 15 08, CP 15 09, CP 15 34) Under the following revised endorsements, secondary contributing locations and secondary recipi- ent locations are covered if so indicated in the Schedule of the endorsement. Such locations are defined in the endorsement. • CP 15 01 -Business Income From Dependent Properties -Limited International Coverage • CP 15 02 -Extra Expense From Dependent Properties - Limited International Coverage • CP 15 08 -Business Income From Dependent Properties - Broad Farm • CP 15 09 - Business Income From Dependent Properties - Limited Form • CP 15 34 -Extra Expense From Dependent Properties • Discharge From Sewer, Drain or Sump (Not Flood-related) Endorsement (CP 10 38) This new endorsement covers discharge of water or waterborne material from a sewer, drain or sump located on the described premises. • Discretionary Payroll Expense Endorsement (CP 15 04) This endorsement enables covering the payroll expense of particular job classifications or employ- ees regardless of whether such expense is necessary to resume operations. Such coverage may be provided for the entire period of restoration or limited to a specified maximum number of days. • Flood Coverage Endorsement (CP 10 65) Under the Flood Coverage Endorsement, there is no coverage for loss resulting from a flood which begins before or within 72 hours after the inception date of the endorsement. This endorsement is revised to provide that the aforementioned 72-hour waiting period will not apply when the prior policy included flood coverage and the policy periods are consecutive without a break in coverage. Further, the similar 72-hour waiting period for an increase in the Limit of Insurance will not apply to an increase executed at the time of renewal. Also, this endorsement is revised to add drains and sumps to the provision which covers back-up and overflow from a sewer when such discharge occurs within 72 hours after a flood recedes. • Food Contamination (Business Interruption and Extra Expense) Endorsement (CP 15 05) This new endorsement covers certain extra expenses and business income losses arising out of food contamination. Separate limits apply to advertising expense and all other coverages under the endorsement. These limits apply on an annual aggregate basis. © 2014 Liberty Mutual Insurance,All rights reserved, NP 94 05 01 14 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 5 of 9 • Increase In Rebuilding Expenses Following Disaster (Additional Expense Coverage On Annual Aggregate Basis) Endorsement (CP 04 09) This new endorsement provides limited coverage for the situation in which the cost of repair/re- placement of property exceeds the Limit of Insurance due to increases in the cost of labor and/or materials following a disaster. • Specified Property Away From Premises Endorsement (CP 04 04) This new endorsement provides coverage for business personal property temporarily away from the described premises in the course of daily business activities, while in the care, custody or control of the insured or an employee of the insured. • Theft of Building Materials and Supplies (Other Than Builders Risk) Endorsement (CP 10 44) This new endorsement extends coverage to encompass theft of building materials and supplies that are located on or within 100 feet of the premises when such property is intended to become a permanent part of the building or structure. • Utility Services -Time Element Endorsement (CP 15 45) This endorsement is revised to provide the means to select a new category of utility service. wastewater removal property- With respect to the coverage provided under this endorsement, wastewater removal property is a utility system for removing wastewater and sewage from the described premises, other than a system designed primarily for draining storm water. 2. POTENTIAL REDUCTIONS OF COVERAGE _ • Deductibles By Location Endorsement (CP 03 29) This new endorsement provides for selected deductibles to apply at each designated building or designated location that has sustained loss or damage. Thus, under this endorsement, multiple deductibles would apply in the event of an occurrence that affects multiple buildings or locations. Under the prior policy, the applicable deductible applied once per occurrence regardless of the number of buildings or locations involved in the loss occurrence (except with respect to special deductibles such as wind or earthquake percentage deductibles, if any). • Roof Surfacing Cosmetic Loss Exclusion Endorsement (CP 88 36) This new endorsement excludes for the buildings or structures shown in the endorsement schedule cosmetic damage to roof surfacing caused by wind and/or hail. • Actual Cash Value -Roof(s) (CP 88 37) This new endorsement stipulates that for the buildings or structures shown in the endorsement schedule, we will determine the value of the roof at actual cash value on buildings or structures otherwise subject to replacement cost valuation. • Limitation On Loss Settlement - Blanket Insurance (Margin Clause) Endorsement (CP 12 32) Under this endorsement, loss payment on an individual property under the blanket is limited to its stated value plus a percentage of that value as shown in the Schedule. The margin does not increase the blanket Limit of Insurance. In the event of partial loss, this endorsement may reduce the amount of loss payment in comparison to a blanket policy without a margin clause. 3. REINFORCEMENT OF COVERAGE • Builders Risk - Theft of Building Materials, Fixtures, Machinery, Equipment Endorsement (CP 11 21) The exclusion of dishonest or criminal acts is revised to add reference to members, officers, man- agers, temporary employees and leased workers. • Building Glass -Tenant's Policy (CP 14 70) Endorsement CP 14 70, Building Glass - Tenant's Policy, is introduced to enable coverage of build- ing glass under a tenant's policy that does not otherwise cover the building. This endorsement includes a line item for a deductible in the Schedule of the endorsement. A deductible will apply to building glass coverage only if a deductible amount is entered in the Schedule. • Building Owner -Additional Insured and Loss Payee (CP 12 19, CP 12 18) Endorsement CP 12 19, Additional Insured - Building Owner, enables adding the building owner as an additional Named Insured under a tenant's Building Coverage. © 2014 Liberty Mutual Insurance,All rights reserved. NP 94 05 01 14 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 6 of 9 Endorsement CP 12 18, Loss Payable Provisions, is revised to add an option, Building Owner Loss Payable, to identify the building owner and recognize that entity as a loss payee • Business Income - Landlord As Additional Insured (Rental Value) (CP 15 03) Endorsement CP 15 03, Business Income - Landlord As Additional Insured (Rental Value), provides coverage for loss of rental income for a landlord (the Additional Insured) under a tenant's policy. The amount of any payment made to the Additional Insured under this endorsement will be de- ducted from the Named Insured's business income loss. • Business Income Report/Worksheet (CP 15 15) This endorsement is revised to recognize that the revised policy now provides 60 days of Extended Business Income Coverage. • Causes Of Loss Exclusion Endorsements (CP 10 54 and CP 10 56) Under endorsement CP 10 54, a statement is added to reinforce the applicability of underlying policy exclusions. Under endorsement CP 10 56, exclusionary language concerning seepage or leakage is added to conform to the provision in the underlying policy, with no change in coverage. • Dependent Properties - Business Interruption (CP 15 01, CP 15 02, CP 15 08, CP 15 09, CP 15 34) The definition of dependent property excludes various utility providers, the list of utilities is up- dated to make reference to wastewater removal services. With respect to business interruption coverage, loss caused by interruption in utility service is addressed in endorsement CP 15 45. Refer to the item titled Utility Services -Time Element Endorsement CP 15 45. • Dependent Properties -Time Element (CP 15 08, CP 15 09, CP 15 34) The revised description of Miscellaneous Locations makes it explicit that highways and other trans- portation conduits are not considered to be Miscellaneous Locations. • Earthquake Sprinkler Leakage Deductible (CP 10 40, CP 10 45) CP 10 40 Earthquake And Volcanic Eruption Endorsement and CP 10 45 Earthquake And Volcanic Eruption Endorsement (Sub-limit Form) are revised to specify that the Earthquake percentage de- ductible does not apply when Earthquake Coverage is limited only to Earthquake Sprinkler Leakage (EQSL) Coverage. Instead, the deductible for Fire Coverage applies to EQSL Coverage. • Electrical Apparatus and Electronic Commerce Endorsements (CP 04 10, CP 04 30) Endorsements CP 04 10 and CP 04 30 are revised to reflect the changes to the Artificially Generated Electrical Current exclusion in the Causes of Loss forms. • Exclusion of Loss Due To By-products of Production or Processing Operations (Rental Properties) Endorsement (CP 10 34) This new endorsement, which applies to policies issued to owners and tenants of rental premises, reinforces that property damage and business interruption coverages do not apply to loss or dam- age to the described premises caused by or resulting from smoke, vapor, gas or any substance released in the course of production operations or processing operations performed at the rental units identified in the Schedule of the endorsement. But loss or damage by fire or explosion that results from the release of a by-product of the production or processing operation is not excluded. • Flood Coverage Schedule (CP DS 65) The Flood Coverage Schedule is revised so that the Underlying Insurance Waiver can be made applicable by location. The Underlying Insurance Waiver is a provision in Flood Coverage Endorse- ment CP 10 65; the waiver applies to a location only if so indicated in the Flood Coverage Schedule. • Functional Building Valuation Endorsement (CP 04 38, CP 04 47) The section of the endorsement that addresses exclusion of pollution under Ordinance or Law Coverage is revised to include reference to fungus and other contaminants and to follow similar provisions of the Increased Cost of Construction Additional Coverage in the underlying policy. • Higher Limits Endorsement (CP 04 08) This new endorsement increases certain specified dollar limitations. © 2014 Liberty Mutual Insurance.All rights reserved. NP 94 05 01 14 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 7 of 9 • Increased Cost of Loss and Related Expenses for Green Upgrades Endorsement (CP 04 02) The Schedule of this endorsement is revised to facilitate identification of personal property (when not all personal property is to be covered for Green Upgrades) and to facilitate the entry of different percentage selections for the building and personal property. Subparagraphs A.1.a. and A.1.b. are revised to simplify the calculation described therein, with no change in the outcome. Subparagraph A.1.d. is added to explicitly address the situation in which the property loss is less than the deductible. The provisions of former Paragraph A.9., concerning vegetated roofs, are incorporated into the underlying policy forms, as discussed in the item titled Vegetated Roofs. • Ordinance or Law Coverage (CP 04 05, CP 04 46, CP 04 38, CP 04 47, CP 15 25, CP 15 31) _ The coverage grant of endorsements CP 04 05 (Ordinance Or Law Coverage) and CP 04 46 (Califor- nia -Ordinance Or Law Coverage) is revised to remove reference to enforcement of an ordinance or law, in favor of referring to a requirement to comply with an ordinance or law. The same revision is made to endorsements CP 04 38 (Functional Building Valuation) and CP 04 47 (California - Func- tional Building Valuation) which incorporates ordinance or law coverage. v In addition, references are added to compliance with an ordinance or law in endorsements CP 15 25 Business Income Changes - Educational Institutions (in the Period of Restoration definition) and CP 15 31 Ordinance Or Law - Increased Period of Restoration. • Outdoor Trees, Shrubs and Plants Endorsement (CP 14 30) This endorsement is revised to specify that the applicable Limit of Insurance for loss or damage to outdoor trees, shrubs and plants includes debris removal expense. Accordingly, the endorsement states that the Outdoor Property Coverage Extension and Debris Removal Additional Coverage do not apply to property covered under CP 14 30; such provision avoids duplication of coverage. ! Payroll Limitation or Exclusion Endorsement (CP 15 10) This endorsement is revised to provide the means to limit or exclude coverage for the payroll " expense of any category of employee or individual employee. Since applicability of the endorse- ment will no longer be restricted to non-managerial employees, the term 'ordinary payroll ex- pense" and its definition are removed from the endorsement. In addition, the title of the endorse- ment is revised to remove the word "Ordinary". p Protective Safeguards (CP 0411) Endorsement CP 04 11 Protective Safeguards replaces IL 04 15 Protective Safeguards. The new endorsement contains the same provisions as IL 04 15 and adds a symbol and description to recognize hood-and-duct fire extinguishing systems. • Radio or Television Antennas - Business Income or Extra Expense Endorsement (CP 15 50) In the list of forms to which CP 15 50 applies, reference to the Earthquake Form is removed. Since earthquake coverage is now provided by endorsing the Causes of Loss Form (Basic, Broad or Special), it is no longer necessary for CP 15 50 to include reference to the Earthquake Form. • Theft Exclusion Endorsement (CP 10 33) This endorsement is revised to include a Schedule to facilitate display of the location(s) to which the exclusion applies. • Utility Services Coverage Endorsements (CP 04 17, CP 15 45) Endorsements CP 04 17 Utility Services - Direct Damage and CP 15 45 Utilit y Services - Time Element are revised to make it explicit that transmission lines include all lines which serve in the transmission of power or communication service, including lines which may be identified as dis- tribution lines. These endorsements are revised to remove the qualification that the utility service property be located off the described premises (or outside a covered building, in the case of time element). With respect to a policy that was and is endorsed to cover utility services, there is no change in coverage. The revision to the coverage endorsements simply recognizes the revision to the underlying exclu- slon. © 20141 Mutual Insurance.All rights reserved. NP 94 05 01 14 Includes copyrighted material of Insurance Services Office, Inc.,with its permission.. Page 8 of 9 aM Windstorm or Hail Percentage Deductible Endorsement (CP 03 21) Paragraph DA. of this endorsement is editorially revised to be consistent with the other sections of Paragraphs B., C. and D. of this endorsement. The previous wording of paragraph D.I. referred to "that property" without specifying that it is the property which has sustained loss or damage. The following editorial changes have been made The text of the endorsement no longer includes language pertaining to other causes or events that contribute concurrently or in any sequence to the loss, because the underlying policy addresses that concept. Language is added to make it more explicit that this endorsement does not affect the impact of the policy's Water Exclusion or any other exclusion in the policy, and does not affect the application of a Flood Deductible if the policy (or another policy) provides coverage for Flood. © 20141-iberty Mutual Insurance All rights reserved. NP 94 05 01 14 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 9 of 9 NP 96 00 10 14 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. 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 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 NP98200115 JURISDICTIONAL BOILER AND PRESSURE VESSEL INSPECTIONS Most jurisdictions (cities or states) are governed by laws and regulations that require owners of boilers and pressure vessels to have their equipment inspected on a routine basis. Jurisdictions require that equipment is installed and operated according to these regulations, and it is the equipment breakdown engineering inspector's responsibility to verify the equipment complies with all requirements. Liberty Mutual Equipment Breakdown is a National Board Accredited Authorized Inspection Agency. This designation is recognized by authorities having jurisdictions in the U.S. & provinces of Canada and gives Liberty Mutual commissioned inspectors the ability to perform jurisdictionally required inspection on boil- ers and pressure vessels at insured locations. We have field inspectors strategically located throughout the U S. to perform boiler and pressure vessel inspection for our customers and clients. To request a Jurisdictional Inspection please: • Call the LMEB Hotline (877) 526-0020 Or • Email your request to LMEBinspections@Libertymutual.com The assigned EB Risk Engineer will call to schedule within 24 - 48 hours. When requesting an inspection please include the following: • Current Policy Number • Location Address • Contact Name • Contact Phone Number and/or Email Address NP 98 20 01 15 © 20151-beny Mutual Insurance Page 1 of 1 Coverage Is Provided In: Policy Number: Liberty. Ohio Security Insurance Company BKS(18) 55024758 Mutual. 9450 Seward Road, Fairfield, Ohio 45014 Policy Period INSURANCE From 08/01/2017 To 08/01/2018 12:01 am Standard Time Common Policy Declarations at Insured Mailing Location Named Insured&Mailing Address Agent Mailing Address&Phone No. "TRAFFIC COUNT CONSULTANTS INC (360) 692-6131 C/O Jennifer Hodge KURESMAN INSURANCE LLC 1300 9th St SW 9321 BAYSHORE DR NW STE I I l Puyallup, WA 98371 SILVERDALE, WA 98383-8350 Named Insured Is:CORPORATION Named Insured Business Is: MONITORING OF ELECTRICAL SWITCHES 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. SUMMARY OF COVERAGE PARTS AND CHARGES - CUSTOM PROTECTOR 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 n Commercial Property $835.00 Commercial General Liability $1,788.00 Total Charges for all of the above coverage parts: $2,623.00 Ceriilied Acts of Terrorism Coverage: $34.00 (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 06/09/17 Authorized Representative To report a claim, call your Agent or 1-800-366-6446 DS 70 21 11 16 06/09/17 55024758 POLSVCS 235 NCXFPPNO INSURED COPY 002169 PAGE 25 OF 176 Coverage Is Provided In: Pol cy Numb ier: 1't�)(:.C . ° Ohio Security Insurance Company BKS (18) 55024758 �""' Imo---TO`-y" Policy Period, INSURANCE From 08/01/2017 To 08/01/2018 Common Policy Declarations 12.01 am Standard Time at insured Mailing Location Named Insured Agent TRAFFIC COUNT CONSUTA'ANIS INC (360) 692-6131 KURESMAN INSURANCE LLC 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 1300 9th St SW, Puyallup, WA 98371-6718 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 00 01 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 20 12 04 13 Additional Insured - State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits or Authorizations CG 21 06 05 14 Exclusion - Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability - With Limited Bodily Injury Exception CG 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 21 86 12 04 Exclusion - Exterior Insulation and Finish Systems CG 21 96 03 05 Silica or Silica-Related Dust Exclusion 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 Inwi 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 06/09/17 55024758 POLSVCS 235 NCXFPPNO INSURED COPY 002169 PAGE 26 OF 176 Coverage Is Provided In: Policy Number: L1jJCPty Ohio Security Insurance Company BKS(18) 55 02 47 58 Mutuah 9450 Seward Road, Fairfield, Ohio 45014 Policy Period: INSURANCE From 08/01/2017 To 08/01/2018 12 01 am Standard Time Common Policy Declarations at insured Mailing Location Named Insured Agent TRAFFIC COUNT CONSULTANTS INC (360) 692-6131 KURESMAN INSURANCE LLC POLICY FORMS AND ENDORSEMENTS - CONTINUED 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 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 CG 88 60 11. 08 Each Location General Aggregate Limit CG 88 65 12 08 Voluntary Property Damage Extension CG 88 67 12 08 Property Damage - Borrowed Equipment - $100,000 Limit CG 88 70 12 08 Construction Projcet(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 88 80 12 08 Property Damage - Customers' Goods ($100,000 Limit) CG 89 27 10 09 Washington Exclusion - Asbestos CP 00 10 10 12 Building and Personal Property Coverage Form CP 00 30 10 12 Business Income (And Extra Expense) Coverage Form CP 00 90 07 88 Commercial Property Conditions CP 01 26 10 12 Washington Changes CP 01 40 07 06 Exclusion of Loss Due to Virus or Bacteria CP nl 60 12 98 Washington Changes - Domestic Abuse CP 01 79 10 12 Washington Changes - Excluded Causes of Loss CP 10 30 10 12 Causes of Loss - Special Form CP 10 34 10 12 Exclusion of Loss Due To By-Products of Production or Processing Operations (Rental Properties) CP 88 04 03 10 Removal Permit CP 88 44 02 15 Equipment Breakdown Coverage Endorsement CP 90 00 01 15 Custom Protector Endorsement CP 90 59 12 12 Identity Theft Administrative Services and Expense Coverage 1L 01 23 11 13 Washington Changes - Defense Costs IL 01 46 08 10 Washington Common Policy Conditions IL 01 98 0908 Nuclear Energy Liability Exclusion Endorsement (Broad Farm) 1L 09 35 07 02 Exclusion of Certain Computer-Related Losses 11, 09 52 01 15 Cap On Losses From Certified Acts Of Terrorism To report a claim, call your Agent or 1-800-362-0000 DS 70 21 11 16 06/09/17 55024758 POLSVCS 235 NCXFPPNO INSURED COPY 002169 PAGE 27 OF 176 'o Coverage Is Provided In: Policy Number: t�t;7Yl Ohio Security Insurance Company BKS (18) 55 02 47 58 11✓Il.tT.6td). Policy Period: INSURANCE From 08/01/2017 To 08/01/2018 Commercial Property 12.01 am Standard Time Declarations at Insured Mailing Location Named Insured Agent TRAFFIC COUNT CONSULTANTS INC (360) 692-6131 KURESMAN INSURANCE LLC SUMMARY OF CHARGES Explanation of DESCRIPTION PREMIUM _..._...._.._ ...._.- Charges Cr4RXh&.duaeTOkals .... .... ....... n2 Total Advance Charges: $835.00 Note: This is not a bill To report a claim, call your Agent or 1-800-362-0000 DS 70 22 Ol 08 06/09/17 55024758 POLSVCS 235 NCXFPPNO INSURED COPY 002169 PAGE 29 OF 176 Coverage Is Provided In: Policy Number. Liberty Ohio Security Insurance Company BKS (18) 55024758 Mutual. Policy Period INSURANCE From 08/01/2017 To 08/01/2018 Commercial Property 12,01 am Standard Time Declarations Schedule at Insured Mailing Location Named Insured Anent TRAFFIC COUNT CONSULTANTS INC (360) 692-6131 KURESMAN INSURANCE LLC SUMMARY OF PROPERTY COVERAGES - BY LOCATION Insurance at the described premises applies only for coverages for which a limit of insurance is shown. Optional coverages apply only when entries are made in this schedule. 0001 1300 9th St SW, Puyallup, WA 98371-6718 Property Description: Characteristics Construction: Frame Your Business Personal Property Occupancy: Electrical Apparatus - Repair Or Service With Sales Or Coverage Storage nncr rinf'nn Limit of Insurance - Replacement Cost $115,926 Coinsurance --- ......... .... 80% Deductible - All Covered Causes of Loss Unless Otherwise Stated $500 Premium $670.00 Business Income newrintion and Extra Expense Limit of Insurance - Including Rental Value $21,648 Coverage Covered Causcs of Loss Special Form - Including Theft Premium $114.00 Equipment Breakdown Coverage To report a claim, call your Agent or 1-800-362-0000 DS 70 23 01 08 O6/09/17 55024758 POLSVCS 235 NCXFPPNO INSURED COPY 002169 PAGE 30 OF 176 Coverage Is Provided In: Policy Number. �.. bcrty jj Ohio Security Insurance Company BKS (18) 55 02 47 58 Policy Period: INSURANCE From 08/01/2017 To 08/01/2018 Commercial'r Property 12:01 am Standard Time Declarations Schedule at Insured Mailing Location Named Insured Agent TRAFFIC COUNT CONSULTANTS INC (360) 692-6131 KURESMAN INSURANCE LLC SUMMARY OF PROPERTY COVERAGES - BY LOCATION This Equipment Breakdown insurance applies to the coverages shown for this location. The Equipment Breakdown limit(s) of insurance and deductible are included in, and not in addition to, the limits and deductible shown for the Building, Your Business Personal Property, Your Business Personal Property of Others, Tenants Improvements and Betterments, Business Income and Extra Expense, Business Income Without Extra Expense, and Extra Expense coverages. Premium $16.00 SUMMARY OF OTHER PROPERTY COVERAGES Identity Theft na--...,r..... Administrative Limit of Insurance See Endorsement CP9059 Services And Expense Coverage Premium $12.00 Property Extension Custom Protector Core Endorsement $.00 Endorsement Premium Included Commercial Property Schedule "Total: $812.00 To report a claim, call your Agent or 1-600-362-0000 DS 70 23 01 08 05/09/17 55024758 POLSVCS 235 NCXFPPNO INSURED COPY 002169 PAGE 31 OF 176 czP 'ok Coverage Is Provided In: Policy Number (,lbe:jy Ohio Security Insurance Company BKS (18) 55 02 47 58 ut -1^ Policy Period: INSURANCE Commercial General Liability From 0 810 112 01 7 To 08/01/2018 Declarations 12:01 am Standard Time at Insured Mailing Location Basis:Occurrence Named Insured Agent TRAFFIC COUNT CONSULTANTS INC (360) 692-6131 KURESMAN INSURANCE LLC 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 2,000,000 Explanation of DESCRIPTION PREMIUM Charges General Liability Schedule Totals 1,777.00 Certified Acts of Terrorism Coverage 11.00 Total Advance Charges: $1,788.00 Note: This is not a bill a To report a claim, call your Agent or 1-800-362-0000 DS 70 22 Ol 08 06I09/17 5502475E POLSVCS 235 NCHFPPNO INSURED COPY 002169 PAGE 33 OF 176 Coverage Is Provided In: Policy Number l.nb([.T'ty Ohio Security Insurance Company BKS (18) 55024758 3VZ t111g1 . Policy Period INSURANCE Commercial General Liability From 08/01/2017 To 08/01/2018 D 12:01 am Standard Time Declarations Schedule at Insured Mailing Location Named Insured Agent TRAFFIC COUNT CONSULTANTS INC (360) 692-6131 KURESMAN INSURANCE LTC SUMMARY OF CLASSIFICATIONS - BY LOCATION 0001 1300 9th St SW, Puyallup, WA 98371-6719 Insured: TRAFFIC COUNT CONSULTANTS INC ... ------------------ ---...-- --"--------- ----...... ..._., _......................................................... CLASSIFICATION- 92451 RATED/PER COVERAGE DESCRIPTION PREMIUM BASED ON- Executive Officers 1,000 PREMIUM -- __ ----- Premise/Operations 17,800 Dollars Of Payroll 13.925 $248.00 Total: $248.00 Products/Completed Operations 8.280 $147.00 Total: $147.00 . .-_............... .... .... ...........___._ �, CLASSIFICATION 92451 RATED/PER COVERAGE DESCRIPTION PREMIUM BASED ON. Employees Payroll 1,000 PREMIUM Premise/Operations 49,973 Dollars Of Payroll 13.925 $696.00 Total., $696.00 Products/Completed Operations 8.280 $414.00 Total: $414.00 To report a claim, call your Agent or 1-800-362-0000 DS 70 23 10 16 06/09/17 55024758 POLSVCS 235 NCXFPPNO INSURED COPY 002169 PAGE 34 OF 176 Coverage Is Provided In: Policy Number: I1bE,`7"ty Ohio Security Insurance Company BKS (18) 55 02 47 58 1bILT1t AL Policy Period: INSURANCE Commercial General Liability From 00/01/2017 To 08/01/2018 D 12:01 am Standard Time Declarations Schedule at Insured Mailing Location Named Insured Agent 'TRAFFIC COUNT CONSULTANTS INC (360) 692-6 13 1 KURESMAN INSURANCE LLC SUMMARY OF CLASSIFICATIONS - BY LOCATION - continued _..... -------------......... CLASSIFICATION- 91591 RATED/PER COVERAGE DESCRIPTION PREMIUM BASED ON- 1,000 PREMIUM Premise/Operations 32,000 Dollars Of Total Cost .197 $6.00 Total: $6.00 Products/Completed Operations 3.467 $111.00 Total: $71I.00 CLASSIFICATION- 91581 RATED/PER COVERAGE DESCRIPTION PREMIUM BASED ON- 1,000 PREMIUM Premise/Operations Dollars Of Total Cost - if any 8.029 Total., Products/Completed Operations 5.973 Total. To report a claim, call your Agent or 1-800-362-0000 DS 70 23 10 16 06/09/17 55024758 POLSVCS 235 NCXFPPNO INSURED COPY 002169 PAGE 35 OF 176 Coverage Is Provided In: Policy Number Liberty Ohio Security Insurance Company BKS (18) 55 02 47 58 Mult:ulal. Policy Period: INSURANCE Commercial General Liability From 08/01/2017 To 08/01/2018 Declarations Schedule 12:01 am Standard Time at Insured Mailing Location Named Insured Agent TRAFFIC COUNT CONSULTANTS INC (360) 692-6131 KURESMAN INSURANCE LLC SUMMARY OF CLASSIFICATIONS - BY LOCATION - continued . _-----.... - .. ................. CLASSIFICATION- 91585 RATED/PER COVERAGE DESCRIPTION PREMIUM BASED ON- 1,000 PREMIUM .. _,........ ....... -______ _... Premise/Operations Dollars Of Total Cost - if any 5.024 Total: Products/Completed Operations 2.783 Total: SUMMARY OF OTHER COVERAGE COVERAGE DESCRIPTION PREMIUM Contractors Custom Protector Coverages See Policy Forms and Endorsements List $81.00 To report a claim, call your Agent or 1-800-362-0000 DS 70 23 10 16 06/09/17 55024758 POLSVCS 235 NCXFPPNO INSURED COPY 002169 PAGE 36 OF 176 Coverage Is Provided In: Policy Number: ],.1�]erty Ohio Security Insurance Company BKS (18) 55 02 47 58 ..11t,11al. Policy Period: "'INSURANce Commercial General Liability From 0 8101/2 01 7 To 08/01/2018 D 12:01 am Standard Time Declarations Schedule at Insured Mailing Location Named Insured Agent TRAFFIC COUNT CONSULTANTS INC (360) 692-6131 KURESMAN INSURANCE LLC SUMMARY OF OTHER COVERAGE - continued COVERAGE DESCRIPTION PREMIUM - ...... ..-.-.-.. _ .... _. _,_...., - .....................................................----------------------- RATED/PER CLASSIFICATION- 92400 PREMIUM BASED ON- 1,000 Stop Gap - Employers Liability Stop Gap Employers' Liability - WA 67,150 Dollars of Payroll .164 $11.00 Minimum Premium Adjustment $63 .00 Commercial General Liability Schedule Total $1,777.00 To report a claim, call your Agent or 1-e00-362-0000 DS 70 23 10 16 D6/09/17 55024758 POLSVCS 235 NCXFPPND INSURED COPY 002169 PAGE 37 OF 176 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 words "you" and damage" is caused by an "occur- "your" refer to the Named Insured shown in the rence" that takes place in the "cov- e Declarations, and any other person or organiza- erage territory"; e 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 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 II -Who Isiisted 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, = 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- age" occurred, then any continu- a. We will pay those sums that the insured ation, change or resumption of such becomes legally obligated to pay as dam- "bodily injury" or "property dam- in 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 defend the insured against any "suit" prior to the policy period. 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 II - 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 continuation, change or resumption of (1) The amount we will pay for damages that "bodily injury" or "property dam- is limited as described in Section III - age" after the end of the policy period. Limits Of Insurance', and (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 w 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, Ina, 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 death resulting at any time from the 121 The furnishing of alcoholic bever- "bodily injury", ages to a person under the legal 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 that party against a civil or alter- "Bodily injury" to: 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 © Insurance Services Office, Inc 2012 CG 00 01 04 13 (2) The spouse, child, parent, brother or (iii) "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- (i) 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 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, 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 the operations being per- g. Aircraft, Auto Or Watercraft formed by such insured, contractor or subcontractor, "Bodily injury" or "property damage" arising out of the ownership, mainten- (ii) "Bodily injury" or "property ance, use or entrustment to others of any damage" sustained within a aircraft, "auto" or watercraft owned or building and caused by the operated by or rented or loaned to any release of gases, fumes or insured. Use includes operation and vapors from materials "loading or unloading brought into that building in This exclusion applies even if the claims connection with operations against any insured allege negligence or being performed by you or on your behalf by a contrac- other wrongdoing in the supervision, hir- tor or subcontractor, or ing, employment, training or monitoring of others by that insured, if the "occur- (iii) "Bodily injury" or "property rence" which caused the "bodily injury" damage" arising out of heat, or "property damage" involved the own- smoke or fumes from a ership, maintenance, use or entrustment "hostile fire". to others of any aircraft, "auto" or water- (e) At or from any premises, site or craft that is owned or operated by or location on which any insured or rented or loaned to any insured. any contractors or subcontrac- This exclusion does not apply to: tors working directly or indirect- (1) A watercraft while ashore on prem- ly on any insured's behalf are performing operations if the op- erations are to test for, monitor, (2) A watercraft you do not own that is: clean up, remove, contain, treat, (a) Less than 26 feet long, and detoxify or neutralize, or in any (b) Not being used to carry persons way respond to, or assess the ef- or property for a charge; fects of, "pollutants" (3) Parking an "auto" on, or on the ways (2) Any loss, cost or expense arising out next to, premises you own or rent, of any provided the "auto" is not owned by (a) Request, demand, order or statu- or rented or loaned to you or the in- tory or regulatory requirement sured; that any insured or others test (4) Liability assumed under any "in- for, monitor, clean up, remove, sured contract" for the ownership, contain, treat, detoxify or neu- maintenance or use of aircraft or tralize, or in any way respond to, watercraft; or or assess the effects of, "pollu- tants", or (5) "Bodily injury" or "property dam- (b) Claim or suit by or on behalf of a age" arising out of: governmental authority for dam- (a) The operation of machinery or ages because of testing for, equipment that is attached to, or monitoring, cleaning up, remov- part of, a land vehicle that would ng, containing, treating, detox- qualify under the definition of ifying or neutralizing, or in any "mobile equipment" if it were way responding to, or assessing not subject to a compulsory or the effects of, "pollutants financial responsibility or other motor vehicle insurance nce However, this paragraph does not law where it is licensed or princi- apply to liability for damages be- pally garaged, or cause of "property damage" that the insured would have in the absence of Ib) The operation of any of the ma- such request, demand, order or stat- Paragreryaph h equipment listed in utory or regulatory requirement, or Paragraph f.(2) or"mobile of the such claim or "suit" by or on behalf definition of "mobile equip- of a governmental authority. ment". Page 4 of 17 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 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 prepared for, any prearranged rac- fewer consecutive days. A separate limit ing, speed, demolition, or stunting of insurance applies to Damage To Prem- activity ises Rented To You as described in Sec- tion III - Limits Of Insurance, o i. War Paragraph ( ) on does not "Bodily injury" or "property damage", apply if the premises eXare sl"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. cluding action in hindering or de- Paragraph (6) of this exclusion does not 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 n the "products-completed operations "Property damage" to: hazard". (1) Property you own, rent, or occupy, including any costs or expenses in- This exclusion does not apply if the curred by you, or any other person, damaged work or the work out of which organization or entity, for repair, re- the damage arises was performed on 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- 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 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 (5) 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 0 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 tion, 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 tion. (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 8 - PERSONAL AND ADVERTISING "Bodily injury" arising out of "personal INJURY LIABILITY and advertising injury". 1. Insuring Agreement p. Electronic Data a. We will pay those sums that the insured f, s becomes legally obligated to pay as dam- Damages arising out of the loss oof ,use of, damage to, corruption i loss ages because of "personal and advertis- t injury"will which this insurance ap- ability to access, or inability to manipu- piles. 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 © 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 b. Material Published With Knowledge Of advertising idea in your "advertisement". Falsity However, this exclusion does not apply to infringement, in your "advertisement", "Personal and advertising injury" arising of copyright, trade dress or slogan. out of oral or written publication, in any j, Insureds In Media And Internet Type manner, of material, if done by or at the Businesses direction of the insured with knowledge of its falsity. "Personal and advertising injury" com- c. Material Published Prior To Policy Period mitted by an insured whose business is: "Personal and advertising injury" arising (1) Advertising, broadcasting, publish- ing out of oral or written publication, in any or telecasting; manner, of material whose first publics- (2) Designing or determining content of lion 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- `" e. Contractual Liability nitions section. "Personal and advertising injury" for For the purposes of this exclusion, the which the insured has assumed liability placing of frames, borders or links, or ad- in a contract or agreement. This exclu- vertising, for you or others anywhere on sion does not apply to liability for dam- the Internet, is not by itself, considered ages that the insured would have in the the business of advertising, broadcast- absence of the contract or agreement. ing, publishing or telecasting - f. Breach Of Contract k. Electronic Chatrooms Or Bulletin Boards "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 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 "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in out of the actual, alleged or threatened your "advertisement". discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. CG 00 01 04 13 © 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 any: TCPA, CAN-SPAM Act of 2003 or (1) Request, demand, order or statutory FCRAand their amendments and ad- or regulatory requirement that any ditions, that addresses, prohibits, or insured or others test for, monitor, limits the printing, dissemination, clean up, remove, contain, treat, de- disposal, collecting, recording, send- clean or neutralize, or in any way re- s, transmitting, communicating or spond to, or assess the effects of, distribution of material or informa- "pollutants", or tion. (2) Claim or suit by or on behalf of a COVERAGE C-MEDICAL PAYMENTS 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: (1) War, including undeclared or civil la) The accident takes place in the war, "coverage territory" and during 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 (3) Insurrection, rebellion, revolution, as we reasonably require. 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 p. Recording And Distribution Of Material pay reasonable expenses for: Or Information In Violation Of Law (1) First aid administered at the time of "Personal and advertising injury" arising an accident, 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- late: thetic devices, and (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- curate Credit Transactions Act b. Hired Person (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 © 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 lses 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 be 2. 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 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 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; _ g. 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- insured we defend: rence" are such that no conflict appears 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 have to furnish these bonds (1) Agrees in writing to: d. All reasonable expenses incurred by the (a) Cooperate with us in the inves- tigation,insured at our request to assist us in the 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, Ina, 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- torneys' 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 insureds, but only with respect to the Ib) brother the spouse, child, parent, conduct of a business of which you are brother or sister n that w ker" the sole owner. ployee" or "volunteer worker" as a consequence of Paragraph b. A partnership or joint venture, you are an (1)(a) above, insured. Your members, your partners, and their spouses are also insureds, but (c) For which there is any obligation only with respect to the conduct of your to share damages with or repay 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- duct of your business, Your managers are Id) Arising out of his or her provid- insureds, but only with respect to their sional health care services. or failing to provide profes- duties as your managers. sio d. An organization other than a partnership, 121 "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 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 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 Products-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 el 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 o 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, joint venture or ever applies, the Each Occurrence Limit is the limited liability company, and over which you most we will pay for the sum of: maintain ownership or majority interest, will a. Damages under Coverage A; and e qualify as a Named Insured if there is no oth- b. Medical expenses under Coverage C e er similar insurance available to that organi- zation. because of all "bodily injury" and "property However: 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; we will pay under Coverage A for damages b. Coverage A does not apply to "bodily in- 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 Dec- separately o each consecutive annual ply p y t i l period larations. 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 addi- ct pay regardless of the number of: tional period of less than 12 months. In that case, a. Insureds; the additional period will be deemed part of the 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 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 a other valid and collectible insurance is or damage arising out of the "occur- available to the insured for lass cover rence" or offense. under Coverages A or B of thiss Coverage Part, our obligations are limited as follows: b. If a claim is made or "suit" is brought against any insured, you must. a. Primary Insurance (1) Immediately record the specifics of This insurance is primary except when the claim or "suit" and the date re- Paragraph b. below applies. If this insur- ceived, and ance is primary, our obligations are not 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 (i) 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 s 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 1 - 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. It. To sue us on this Coverage Part unless all of its terms have been fully complied with. Page 12 of 17 © 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 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 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. 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 share of the amount of the loss, if any, that exceeds the sum of accurate and complete; (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. 6, 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 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. Y, 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 no- 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 a. We will compute all premiums for this sufficient proof of notice. Coverage Part in accordance with our rules and rates. CG 00 01 04 13 © 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 5. "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 8. "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', 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 graph a. above, feet of a railroad, (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 © 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 in an indemnification of a municipality g p y c. 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 for "bodily injury" or "property damage" but "loading or unloading" does not include to a third person or organization. Tort li- the movement of property by means of a me- ability means a liability that would be im- chanical device, other than a hand truck, that posed by law in the absence of any con- snot attached to the aircraft, watercraft or tract or agreement. "auto". e Paragraph f. does not include that part of 12. "Mobile equipment" means any of the fol- lowing types of land vehicles, including any attached machinery or equipment: (1) That indemnifies a railroad for "bod- a. Bulldozers, farm machinery, forklifts and ily injury" or "property damage" arising out of construction or other vehicles designed for use principal- - demolition operations, within 50 feet y 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; 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 specifications; or e. Vehicles not described in Paragraph a., 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 gener- (3) Under which the insured, if an archi- ators,11) Air compressors, pumps and welding, tect, engineer or surveyor, assumes builds including spraying, welding, g y 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- vices, including those listed in (2) (2) Cherry pickers and similar devices above and supervisory, inspection, used to raise or lower workers; 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 © 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 equipment. (2) Work that has not yet been complet- 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 licensed or principally garaged. Land vehicles your contract has been complet- subject to a compulsory or financial respon- sibility law or other motor vehicle insurance (b) When all of the work to be done law are considered "autos". at the job site has been complet- 13. "Occurrence" means an accident, including ed if your contract calls for work continuous or repeated exposure to substan- at more than one job site. tially the same general harmful conditions. (c) When that part of the work done 14. "Personal and advertising injury" means in- at a job site has been put to its jury, including consequential "bodily injury", intended use by any person or arising out of one or more of the following organization other than another offenses contractor or subcontractor 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 Declare- trade dress or slogan in your "advertise- tions or in a policy Schedule, states ment". that products-completed operations 15. "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 materi- 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 © 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 (1) Any goods or products, other than of the "occurrence" that caused it, real property, manufactured, sold, For the purposes of this insurance, electronic 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 from computer software, including sys- or tems and applications software, hard or flop- (c) A person or organization whose 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 e 18. "Suit" means a civil proceeding in which in connection with such goods or 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 s leged. "Suit" includes: at any time with respect to the fit- s =_ a. An arbitration proceeding in which such ness, quality, durability,P 9 q Y� Y 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, q y, y, perfor- mance or use of "your work", and (2) The providing of or failure to provide warnings or instructions. a 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 following: ship, joint venture or limited liability 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- duct of the insured's business, or (1) "Bodily injuryj or "personal and advertising injury": 2. Any obligation to share damages with or repay someone else who must pay dam- la) To you, to your partners or members (j you area 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 I 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 Liability (Sec- Injury And Advertising Injury Liability (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, e 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 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.e. 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- plicable limit of insurance in the is caused an accident that payment of judgments or settle- occurs during the policy pe- ments under this coverage od, 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- posure to the conditions C. Statutory Obligations 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- riod, 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 e damages: contract or agreement. (1) For: e. Violation Of Law (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". 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- 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 x employer. compensation law". In. Violation Of Age Laws Or Employ- This to 2. Exclusions 9 P Y- 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 caused or aggravated by you, or 11) Knowingly employed you in to "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 © ISO Properties, Inc.,2003 CG 04 42 11 03 i. 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 bons 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 USC Sections 910-950); joint venture limited liability company, 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 1651-1654), 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, tion 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- C. For the purposes of this endorsement, Sec- gate Limit shown in the Schedule of this tion II -Who Is An Insured, is replaced by the endorsement is the most we will pay for following: all damages covered by this insurance 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 © 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 injury, ,employee". claim, proceeding or "suit" The limits of the coverage apply separately to each consecutive annual period and to an 12) Authorize us to obtain records p y and other information; remaining period of less than 12 months, starting with the beginning of the policy pe- l3) Cooperate with us and assist us, riod shown in the Declarations, unless the as we may request, in the inves- e policy period is extended after issuance for an tigation or settlement of the 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 ancer against any person or organiza- E. For the purposes of this endorsement, Con- tion which may be liable to the dition 2. - Duties In The Event Of Occurrence, nsured because of injury to Claim Or Suit of the Conditions Section IV is which this insurance may also 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 a. You must see to it that we or our right to recover from others. agent are notified as soon as prac- d. No insured will, except at that in- ry 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 which may result in a claim. To the incur any expense, other than for extent possible, notice should in- first aid, without our consent. 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 CG 04 42 11 03 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. 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 Who Is An Insured apply only to "employees" of to share damages with or repay o the insured whose employment is not subject to someone else who must pay the Industrial Insurance Act of Washington damages because of the injury ` (Washington Revised Code Title 51). described in Paragraph (1)la) ---- above, or With respect to "employees" of the insured (c) Arising out of his or her provid- whose employment is subject to the Industrial In- ing or failing to provide profes- s surance Act of Washington, the reference to "vol- sional health care services. unteer workers" is removed from Paragraph 2.(a) of Section II - Who Is An Insured and Paragraph 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 POLICY NUMBER:, COMMERCIAL GENERAL LIABILITY CG 20 12 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: CITY OF AUBURN Information required to complete this Schedule, if not shown above, will be shown in the Declarations A. Section II - Who Is An Insured is amended to 2. This insurance does not apply to: include as an additional insured any state or a. 'Bodily injury", "property damage" governmental agency or subdivision or politi- or "personal and advertising injury" cal subdivision shown in the Schedule, sub- arising out of operations performed ject to the following provisions: for the federal government, state or 1. This insurance applies only with respect municipality, or to operations performed by you or on b. 'Bodily injury" or "property dam- your behalf for which the state or gov- age" included within the "products- ernmental agency or subdivision or po- completed operations hazard". litical subdivision has issued a permit or B. With respect to the insurance afforded to authorization. these additional insureds, the following is However: added to Section III - Limits Of Insurance: a. The insurance afforded to such addi- If coverage provided to the additional insured tional insured only applies to the ex- is required by a contract or agreement, the tent permitted by law, and most we will pay on behalf of the additional b. If coverage provided to the addition- insured is the amount of insurance. al insured is required by a contract or 1. Required by the contract or agreement, agreement, the insurance afforded to or such additional insured will not be 2. Available under the applicable Limits of broader than that which you are re- quired by the contract or agreement Insurance shown in the Declarations; to provide for such additional in- sured. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Dec- larations. CG 20 12 04 13 © Insurance Services Office, Inc., 2012 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 saw 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" 8 WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES 8 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 a KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT T LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED T 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 O 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of insurance SeNices orrice,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, 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) 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- ng: 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: (1) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) 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 2013 Liberty 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: Elm (1) While rented to you; or no (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 Small that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or maim 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 ball 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. 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 parson 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- sonai 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 (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 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. s ., 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 Condi- tions. © 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 8 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 render- ing 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, e 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 "occur- rence" 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. s a 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 a 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 is- sued 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. n This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. 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 amend- ed 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, © 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a promises 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. 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 11 -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; (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-ibedy Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Ina,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 sacquired 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. amaw 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 ORWRee 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. Dutles 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 It -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". x s 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. O. 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. 20131-Iberty 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 fallowing: 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 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. a © 20131-iberty 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 CIS 21 06 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA-RELATED LIABILITY - WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section I -Coverage A- Bad- 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 computer software, including sys- This insurance does not apply to: 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- confidential 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 T information, credit card informa- This insurance does not apply to. 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 (2) 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 u 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 05 14 © Insurance Services Office, Inc., 2013 Page 1 of 1 COMMERCIAL GENERAL LIABILITY 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. 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 rorist 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- This insurance does not apply to: 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 as punitive damages. affect the conduct of the United States 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 CG 21 76 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 21 86 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - EXTERIOR INSULATION AND FINISH SYSTEMS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. This insurance does not apply to "bodily B. The following definition is added to the injury", "property damage" or "personal Definitions Section: and advertising injury' arising out of, "Exterior insulation and finish system" caused by, or attributable to, whether in means a non-load bearing exterior cladding whole or in part, the following: or finish system, and all component parts 1. The design, manufacture, construction, therein, used on any part of any structure, fabrication, preparation, distribution and and consisting of: sale, installation, application, mainten- 1. A rigid or semi-rigid insulation board ance or repair, including remodeling, made of expanded polystyrene and oth- service, correction or replacement, of er materials, any "exterior insulation and finish sys- tem" or any part thereof, or any sub- 2• The adhesive and/or mechanical fasten- stantially similar system or any part ers used to attach the insulation board thereof, including the application or use to the substrate, of conditioners, primers, accessories, 3. A reinforced or unreinforced base coat, flashings, coatings, caulking or sealants 4. A finish coat providing surface texture in connection with such a system, or to which color may be added; and 2. "Your product' or "your work" with re- 5. Any flashing, caulking or sealant used spect to any exterior component, fixture with the system for any purpose or feature of any structure if an "ex- terior insulation and finish system", or any substantially similar system, is used on the part of that structure con- taining that component, fixture or fea- ture. CG 21 86 12 04 © ISO Properties, Inc., 2003 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 21 96 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, SILICA OR SILICA-RELATED DUST 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: Silica Or Silica-Related Dust Silica Or Silica-Related Dust a. "Bodily injury" arising, in whole or a. "Personal and advertising injury" in part, out of the actual, alleged, arising, in whole or in part, out of threatened or suspected inhalation the actual, alleged, threatened or of, or ingestion of, "silica" or "sili- suspected inhalation of, ingestion ca-related dust". of, contact with, exposure to, exis- b. "Property damage" arising, in fence of, or presence of, "silica" or whole or in part, out of the actual, "silica-related dust". alleged, threatened or suspected b. Any loss, cost or expense arising, contact with, exposure to, existence in whole or in part, out of the abat- of, or presence of, "silica" or "sili- ing, testing for, monitoring, clean- ca-related dust" ing up, removing, containing, treat- c. Any loss, cost or expense arising, ing, detoxifying, neutralizing, in whole or in part, out of the abat- remediating or disposing of, or in ing, testing for, monitoring, clean- any way responding to or assessing ing up, removing, containing, treat- the effects of, "silica" or "silica-re- ing, detoxifying, neutralizing, lated dust", by any insured or by remediating or disposing of, or in any other person or entity. any way responding to or assessing C. The following definitions are added to the the effects of, "silica" or "silica-re- Definitions Section: ated dust", by any insured or by 1. "Silica" means silicon dioxide (occur- any other person or entity. ring in crystalline, amorphous and im- pure forms), silica particles, silica dust or silica compounds. 2. "Silica-related dust" means a mixture or combination of silica and other dust or particles. CG 21 96 03 05 9 ISO Properties, Inc., 2004 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 at 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 I 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, CG 22 79 04 13 © 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- a. A contract for a lease of premises. How- ly injury" or "property damage" - ever, that portion of the contract for a arising out of construction or lease of premises that indemnifies any demolition operations, within 50 feet person or organization for damage by fire of any railroad property and affecting to premises while rented to you or tem- any railroad bridge or trestle, tracks, porarlly occupied by you with permission road-beds, tunnel, underpass or of the owner is not an "insured contract", crossing; I A sidetrack agreement, (2) That indemnifies an architect, engi- neer or surveyor for injury or dam- c. Any easement or license agreement, ex- cept in connection with construction or age arising out of: demolition operations on or within 50 (a) Preparing, approving, or failing feet of a railroad; to prepare or approve, maps, " shop drawings, opinions, re- 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 for a (3) Under which the insured, if an archi- municipality) under which you assume tect, 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, by you or by those acting on your behalf. above and supervisory, inspection, architectural or engineering activi- However, such part of a contract or ties. agreement shall only be considered an "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- itoring, cleaning up, removing, con- taining, treating, detoxifying, neu- taining, treating, detoxifying, neu- tralizing, remediating or disposing tralizing, remediating or disposing 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. 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 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 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 5. Premium Audit: In computing premium for this policy, we will not include any payroll or costs paid to your 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 ISOProperties, 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 5. under Section III - 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, general 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. ©2010 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 © 2013Liberty 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 awned 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 1 -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 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) 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 (ii) 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 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: I 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. 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 © 20131-iberty 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 G. 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 (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 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. 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 Condi- tions. © 2013Libedy Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission, Page 4 of 8 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 render- ing 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, e 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 "occur- rence" 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 is- sued 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 Declaratio ns. 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 amend- ed 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. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 5 of 8 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. 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; 0 (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 ORADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -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. e a. Coverage under this provision is afforded only until the expiration of the policy period in e 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 It - 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. O. 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. © 20131-iberty 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 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. © 20131-iberty 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 I - 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 ISOProperties, Ina,with its pemrission. 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 following: 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 Property Damage Liability: At your request, Property Damage coverage provided under Paragraph 1.a. for "property damage" to property of others that (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 $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. CG 88 65 12 08 Includes copyrighted material of ISO Properties, Inc.,with its permission.. Page 1 of 2 I 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 e 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 ISO Properties,Inc,.,with its permission. Page 2 of 2 COMMERCIAL GENERAL LIABILITY CG 88 67 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROPERTY DAMAGE - BORROWED EQUIPMENT ($100,000 LIMIT) This endorsement modifies insurance provided under the following'. COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Property Damage -Borrowed Equipment Occurrence Limit $100,000 Property Damage -Borrowed Equipment Aggregate Limit $100,000 For the purposes of the coverage provided by this endorsement A. Under Section I - Coverages, Coverage A - Bodily Injury And Property Damage Liability, 2. Exclusions, j. Damage To Property, item (4) does not apply to "property damage" to borrowed equipment while that equipment is not being used to perform operations at a job site. B. The following is added to Section III -Limits Of Insurance: 1. Subject to 2. below, the Property Damage - Borrowed Equipment Occurrence Limit shown in the Schedule is the most we will pay due to "property damage" arising out of any one 'occurrence" to borrowed equipment while that equipment is not being used to perform operations at a job site. This limit is part of and not in addition to the Each Occurrence Limit applicable to Coverage A - Bodily Injury And Property Damage Liability. 2. The Property Damage - Borrowed Equipment 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 and is part of, and not in addition to the General Aggregate Limit. C. Under Section IV - Commercial General Liability Conditions, 4. Other Insurance, b. Excess Insurance, the following is added: The insurance afforded by this endorsement is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is property insurance. Nothing contained in this endorsement shall be held to vary, alter, waive, or extend any of the terms, conditions, provisions, agreements or limitations of the policy, other than as stated above. CG 88 67 12 08 Includes copyrighted material of ISO Properties,Inc.,with its permission. Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 88 70 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONSTRUCTION PROJECTS) - 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- pense5 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 _ 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 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 attrib- 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 following'. 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 I - Coverage A - Bodily Injury And Property Damage Liability: This insurance shall not apply to'. 1. 'Property damage" a. To property owned by any Named Insured, any person qualifying as an insured in Paragraph 1. x of Section II -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" exceeds $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: 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 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 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 150 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 following: 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. x. CG 88 77 12 08 Includes Copyrighted Material of ISOProperties,Inc.,with its permission. Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 88 80 12 08 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. PROPERTY DAMAGE - CUSTOMERS' GOODS ($100,000 LIMIT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Property Damage - Customers' Goods Occurrence Limit $100,000 �- Property Damage - Customers' Goods Aggregate Limit $100,000 A. Under Section I - Coverages, Coverage A-Bodily Injury And Property Damage Liability, 2. Exclusions, j. Damage To Property, items (3), (4) and (6) do not apply to "property damage" to "customers' goods" while on your premises. B. For purposes of the coverage afforded by this endorsement: 1. Subject to 2. below, the Property Damage - Customers' Goods Occurrence Limit shown in the Schedule is the most we will pay due to "property damage" to "customers' goods" while on your premises arising out 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. 2. The Property Damage - Customers' Goods 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 and is part of, and not in addition to the General Aggregate Limit. C. Under Section IV - Commercial General Liability Conditions, 4. Other Insurance, b. Excess Insurance, the following is added: The insurance afforded by this endorsement is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is property insurance. D. Under Section V - Definitions, the following definition is added: "Customers' goods" means property of your customer on your premises for the purpose of being worked on or used in your manufacturing process. Nothing contained in this endorsement shall be held to vary, alter, waive, or extend any of the terms, conditions, provisions, agreements or limitations of the policy, other than as stated above. CG 88 80 12 08 Includes copyrighted material of 130 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 This insurance does not apply to, 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of alleged or actual ingestion or inhalation of asbestos or asbestos -containing materials. We shall not have the duty to defend any such claim or "suit'. © 20101-iberty Mutual Insurance.All rights reserved. CG 89 27 10 09 Includes copyrighted material of Insurance Services Office,with its permission,. Page 1 of 1 COMMERCIAL PROPERTY CP 00 10 10 12 BUILDING AND PERSONAL PROPERTY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy, the words "you" and "your' refer to the Named Insured shown in the Declarations. The words "we", "us" and 'bur" refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section H. Defini- tions. A. Coverage (b) Materials, equipment, sup- We will pay for direct physical loss of or dam- plies and temporary struc- age to Covered Property at the premises de- tures, on or within 100 feet scribed in the Declarations caused by or of the described premises, resulting from any Covered Cause of Loss. used for making additions, _ 1. Covered Property alterations or repairs to the Covered Property, as used in this Cover- building or structure. age Part, means the type of property de- b. Your Business Personal Property scribed in this section, A.1., and limited consists of the following property lo- in A.2. Property Not Covered, if a Limit Of cated in or on the building or struc- Insurance is shown in the Declarations ture described in the Declarations or for that type of property. in the open (or in a vehicle) within a. Building, meaning the building or 100 feet of the building or structure structure described in the Declara- or within 100 feet of the premises de- tions, including: scribed in the Declarations, whichev- (1) Completed additions, er distance is greater: (2) Fixtures, including outdoor fix- (1) Furniture and fixtures, tures; (2) Machinery and equipment; (3) Permanently installed: (3) "Stock'; (a) Machinery; and (4) All other personal property (b) Equipment; owned by you and used in your business, (4) Personal property owned by you (5) Labor, materials or services fur- that is used to maintain or ser- nished or arranged by you on vice the building or structure or personal property of others; its premises, including: (6) Your use interest as tenant in im- provements and betterments. ment; Improvements and betterments (b) Outdoor furniture, are fixtures, alterations, installa- (c) Floor coverings, and tions or additions: (d) Appliances used for refriger- (a) Made a part of the building ating, ventilating, cooking, or structure you occupy but dishwashing or laundering, do not own; and (5) If not covered by other insur- (b) You acquired or made at ance: your expense but cannot le- (a) Additions under construc- gally remove', tion, alterations and repairs (7) Leased personal property for to the building or structure; which you have a contractual re- sponsibility to insure, unless otherwise provided for under Personal Property Of Others. CP00 10 10 12 © Insurance Services Office, Inc., 2011 Page 1 of 17 c. Personal Property Of Others that is: I. Retaining walls that are not part of a (1) In your care, custody or control, building, and m. Underground pipes, flues or drains; (2) Located in or on the building or n. Electronic data, except as provided structure described in the Decla- under the Additional Coverage, Elec- rations or in the open (or in a ve- tronic Data Electronic data means hicle) within 100 feet of the information, facts or computer pro- building or structure or within grams stored as or on, created or 100 feet of the premises de- used on, or transmitted to or from scribed in the Declarations, computer software (including sys- whichever distance is greater. tems and applications software), on However, our payment for loss of or hard or floppy disks, CD-ROMs, damage to personal property of oth- tapes, drives, cells, data processing ers will only be for the account of the devices or any other repositories of owner of the property. computer software which are used 2. Property Not Covered with electronically controlled equip- Covered Property does not include: ment. The term computer programs, referred to in the foregoing descrip- a. Accounts, bills, currency, food tion of electronic data, means a set of stamps or other evidences of debt, related electronic instructions which money, notes or securities. Lottery direct the operations and functions tickets held for sale are not securi- of a computer or device connected to ties, it, which enable the computer or de- b. Animals, unless owned by others vice to receive, process, store, re- and boarded by you, or if owned by trieve or send data. This paragraph, you, only as "stock" while inside of n., does not apply to your "stock" of buildings, prepackaged software, or to elec- c. Automobiles held for sale, tronic data which is integrated in and d. Bridges, roadways, walks, patios or operates or controls the building's other paved surfaces; elevator, lighting, heating, ventila- e. Contraband, or property in the tion, air conditioning or security sys- course of illegal transportation or tem; trade, o. The cost to replace or restore the in- f. The cost of excavations, grading, formation on valuable papers and backfilling or filling; records, including those which exist g. Foundations of buildings, structures, as electronic data. Valuable papers machinery or boilers if their founda- and records include but are not limit- tions are below: ed to proprietary information, books of account, deeds, manuscripts, ab- (1) The lowest basement floor; or stracts, drawings and card index sys- (2) The surface of the ground, if tems. Refer to the Coverage Exten- there is no basement, sion for Valuable Papers And h. Land (including land on which the Records (Other Than Electronic Data) property is located), water, growing for limited coverage for valuable pa- crops or lawns (other than lawns pers and records other than those which are part of a vegetated roof), which exist as electronic data; I. Personal property while airborne or p. Vehicles or self-propelled machines waterborne, (including aircraft or watercraft) that: j. Bulkheads, pilings, piers, wharves or (1) Are licensed for use on public docks, roads, or k. Property that is covered under an- (2) Are operated principally away other coverage form of this or any from the described premises. other policy in which it is more spe- This paragraph does not apply to: cifically described, except for the ex- (a) Vehicles or self-propelled cess of the amount due (whether you machines or autos you man- can collect on it or not) from that oth- ufacture, process or ware- er insurance; house, Page 2 of 17 © Insurance Services Office, Inc., 2011 CP 00 10 10 12 (b) Vehicles or self-propelled (c) Remove any property that is machines, other than autos, Property Not Covered, in- you hold for sale; cluding property addressed (c) Rowboats or canoes out of under the Outdoor Property water at the described prem- Coverage Extension; ises; or (d) Remove property of others (d) Trailers, but only to the ex- of a type that would not be tent provided for in the Cov- Covered Property under this erage Extension for Coverage Form; Non-owned Detached Trail- (e) Remove deposits of mud or ers; or earth from the grounds of q. The following property while outside the described premises; of buildings: (f) Extract "pollutants" from (1) Grain, hay, straw or other crops, land or water, or (2) Fences, radio or television an- (g) Remove, restore or replace tennas (including satellite polluted land or water. dishes) and their lead-in wiring, (3) Subject to the exceptions in masts or towers, trees, shrubs or Paragraph (4), the following pro- plants (other than trees, shrubs visions apply: or plants which are "stock" or (a) The most we will pay for the are part of a vegetated roof), all total of direct physical loss except as provided in the Cover- or damage plus debris re- age Extensions. moval expense is the Limit 3. Covered Causes Of Loss of Insurance applicable to See applicable Causes Of Loss form as the Covered Property that shown in the Declarations. has sustained loss or dam- 4. Additional Coverages age. a. Debris Removal (b) Subject to (a) above, the (1) Subject to Paragraphs (2), (3) amount we will pay for de- and (4), we will pay your ex- bris removal expense is pense to remove debris of Cov- limited to 25/o of the sum of ered Property and other debris the deductible plus the that is on the described prem- amount that we pay for di- ises, when such debris is caused ect physical loss or damage by or results from a Covered to the Covered Property that Cause of Loss that occurs during has sustained loss or dam- the policy period. The expenses age. However, if no Covered will be paid only if they are re- Property has sustained di- ported to us in writing within 180 rect physical loss or dam- days of the date of direct phys- age, the most we will pay for ical loss or damage. removal of debris of other (2) Debris Removal does not apply property (if such removal is covered under this Addition- to costs to: al Coverage) is $5,000 at (a) Remove debris of property each location_ x of yours that is not insured (4) We will pay up to an additional under this policy, or proper- $25,000 for debris removal ex- ty in your possession that is pense, for each location, in any not Covered Property, one occurrence of physical loss (b) Remove debris of property or damage to Covered Property, owned by or leased to the if one or both of the following landlord of the building circumstances apply: where your described prem- ises are located, unless you have a contractual responsi- bility to insure such property and it is insured under this policy; CP 00 10 10 12 © Insurance Services Office, Inc., 2011 Page 3 of 17 (a) The total of the actual debris The basic amount payable for debris removal removal expense plus the expense under the terms of Paragraph (3) is cal- amount we pay for direct culated as follows: $80,000 ($79,500 + $500) x physical loss or damage ex- .25 = $20,000, capped at $10,500. The cap ap- ceeds the Limit of Insurance plies because the sum of the loss payable on the Covered Property that ($79,500) and the basic amount payable for de- has sustained loss or dam- bris removal expense ($10,500) cannot exceed age. the Limit of Insurance ($90,000). (b) The actual debris removal The additional amount payable for debris re- expense exceeds 25% of the moval expense is provided in accordance with sum of the deductible plus the terms of Paragraph (4), because the debris the amount that we pay for removal expense ($40,000) exceeds 25% of the direct physical loss or dam- loss payable plus the deductible ($40,000 is 50% age to the Covered Property of $80,000), and because the sum of the loss that has sustained loss or payable and debris removal expense ($79,500 + damage. $40,000 = $119,500) would exceed the Limit of Therefore, if (4)(a) and/or (4)(b) Insurance ($90,000). The additional amount of applies, our total payment for di- covered debris removal expense is $25,000, the rect physical loss or damage and maximum payable under Paragraph (4). Thus, debris removal expense may the total payable for debris removal expense in reach but will never exceed the this example is $35,500, $4,500 of the debris re- Limit of Insurance on the Cov- moval expense is not covered. ered Property that has sustained b. Preservation Of Property loss or damage, plus $25,000. If it is necessary to move Covered (5) Examples Property from the described prem- The following examples assume ises to preserve it from loss or dam- that there is no Coinsurance pen- age by a Covered Cause of Loss, we alty. will pay for any direct physical loss Example 1 or damage to that property: Limit of Insurance: $ 90,000 (1) While it is being moved or while Amount of Deductible: $ 500 temporarily stored at another lo- catiom, and Amount of Loss: $ 50,000 (2) Only if the loss or damage oc- Amount of Loss Payable: $ 49,500 curs within 30 days after the ($50,000 - $500) property is first moved. Debris Removal Expense'. $ 10,000 c. Fire Department Service Charge Debris Removal Expense Payable $ 10,000 When the fire department is called to ($10,000 is 20% of $50,000.) save or protect Covered Property The debris removal expense is less than 25% of from a Covered Cause of Loss, we the sum of the loss payable plus the deductible. will pay up to $1,000 for service at The sum of the loss payable and the debris re- each premises described in the Dec- moval expense ($49,500 + $10,000 = $59,500) is larations, unless a higher limit is less than the Limit of Insurance. Therefore, the shown in the Declarations. Such limit full amount of debris removal expense is payable is the most we will pay regardless of in accordance with the terms of Paragraph (3). the number of responding fire de- partments or fire units, and regard- Example 2 less of the number or type of ser- Limit of Insurance: $ 90,000 vices performed- Amount of Deductible: $ 500 This Additional Coverage applies to Amount of Loss: $ 80,000 your liability for fire department ser- Amount of Loss Payable: $ 79,500 vice charges: ($80,000 -$500) (1) Assumed by contract or agree- ment prior to loss; or Debris Removal Expense: $ 40,000 (2) Required by local ordinance, Debris Removal Expense Payable No Deductible applies to this Addi- Basic Amount: $ 10,500 tional Coverage. Additional Amount: $ 25,000 Page 4 of 17 © Insurance Services Office, Inc., 2011 CP 00 10 10 12 d. Pollutant Clean-up And Removal (4) Under this Additional Coverage, We will pay your expense to extract we will not pay any costs due to "pollutants" from land or water at an ordinance or law that: the described premises if the dis- (a) You were required to com- charge, dispersal, seepage, migra- ply with before the loss, tion, release or escape of the "pollu- even when the building was tants" is caused by or results from a undamaged, and Covered Cause of Loss that occurs (b) You failed to comply with. during the policy period. The ex- (5) Under this Additional Coverage, penses will be paid only if they are we will not pay for: reported to us in writing within 180 days of the date on which the Cov- (a) The enforcement of or com- ered Cause of Loss occurs. pliance with any ordinance This Additional Coverage does not or law which requires = demolition, repair, replace- apply to costs to test for, monitor or ment, reconstruction, re- assess the existence, concentration modeling or remediation of e or effects of "pollutants". But we will property due to contamina- pay for testing which is performed in tion by "pollutants" or due the course of extracting the "pollu- to the presence, growth, tants" from the land or water. proliferation, spread or any The most we will pay under this Ad- activity of "fungus", wet or ditional Coverage for each described dry rot or bacteria; or premises is $10,000 for the sum of all (b) Any costs associated with covered expenses arising out of Cov- the enforcement of or com- ered Causes of Loss occurring during pliance with an ordinance or each separate 12-month period of law which requires any in- this policy. sured or others to test for, „ e. Increased Cost Of Construction monitor, clean up, remove, (1) This Additional Coverage ap- contain, treat, detoxify or plies only to buildings to which neutralize, or in any way re- the Replacement Cost Optional spond to, or assess the ef- Coverage applies. fects of "pollutants", "fun- (2) In the event of damage by a Cov- gus", wet or dry rot or ered Cause of Loss to a building bacteria. that is Covered Property, we will (6) The most we will pay under this pay the increased costs incurred Additional Coverage, for each to comply with the minimum described building insured un- standards of an ordinance or law der this Coverage Form, is in the course of repair, rebuild- $10,000 or 5% of the Limit of In- ing or replacement of, damaged surance applicable to that build- parts of that property, subject to ing, whichever is less. If a the limitations stated in e.(3) damaged building is covered un- through e.(9) of this Additional der a blanket Limit of Insurance Coverage. which applies to more than one (3) The ordinance or law referred to building or item of property, in e.(2) of this Additional Cover- then the most we will pay under age is an ordinance or law that this Additional Coverage, for regulates the construction or re- that damaged building, is the pair of buildings or establishes lesser of $10,000 or 5% times the zoning or land use requirements value of the damaged building at the described premises and is as of the time of loss times the in force at the time of loss. applicable Coinsurance percent- age. The amount payable under this Additional Coverage is addition- al insurance. CP 00 10 10 12 © Insurance Services Office, Inc., 2011 Page 5 of 17 (7) With respect to this Additional f, Electronic Data Coverage: (1) Under this Additional Coverage, (a) We will not pay for the In- electronic data has the meaning creased Cost of Construc- described under Property Not tion: Covered, Electronic Data. This (i) Until the property is ac- Additional Coverage does not tually repaired or apply to your "stock" of replaced at the same or prepackaged software, or to another premises, and electronic data which is integrat- (ii) Unless the repair or re- ed in and operates or controls placement is made as the building's elevator, lighting, soon as reasonably pos- heating, ventilation, air condi- sible after the loss or tioning or security system. damage, not to exceed (2) Subject to the provisions of this two years. We may ex- Additional Coverage, we will pay tend this period in writ- for the cost to replace or restore ing during the two electronic data which has been years. destroyed or corrupted by a Cov- (b) If the building is repaired or ered Cause of Loss. To the ex- replaced at the same prem- tent that electronic data is not re- ises, or if you elect to rebuild placed or restored, the loss will at another premises, the be valued at the cost of replace- most we will pay for the In- ment of the media on which the creased Cost of Construc- electronic data was stored, with tion, subject to the provi- blank media of substantially sions of e.(6) of this identical type. Additional Coverage, is the (3) The Covered Causes of Loss ap- increased cost of construc- plicable to Your Business Per- tion at the same premises sonal Property apply to this Ad- (c) If the ordinance or law re- ditional Coverage, Electronic quires relocation to another Data, subject to the following, premises, the most we will (a) If the Causes of Loss - Spe- pay for the Increased Cost of cial Form applies, coverage Construction, subject to the under this Additional Cover- provisions of e.(6) of this age, Electronic Data, is limit- Additional Coverage, is the ed to the "specified causes increased cost of construc- of loss" as defined in that tion at the new premises- form and Collapse as set (8) This Additional Coverage is not forth in that form. subject to the terms of the Ordi- (b) If the Causes Of Loss - Broad nance Or Law Exclusion to the Form applies, coverage un- extent that such Exclusion would der this Additional Cover- conflict with the provisions of age, Electronic Data, in- this Additional Coverage. cludes Collapse as set forth (9) The costs addressed in the Loss in that form. Payment and Valuation Condi- (c) If the Causes Of Loss form is tions, and the Replacement Cost endorsed to add a Covered Optional Coverage, in this Cov- Cause of Loss, the additional erage Form, do not include the Covered Cause of Loss does increased cost attributable to en- not apply to the coverage forcement of or compliance with provided under this Addi- an ordinance or law. The amount tional Coverage, Electronic payable under this Additional Data. Coverage, as stated in e.(6) of this Additional Coverage, is not subject to such limitation. Page 6 of 17 © Insurance Services Office, Inc., 2011 CP 00 10 10 12 (d) The Covered Causes of Loss a. Newly Acquired Or Constructed include a virus, harmful Property code or similar instruction (1) Buildings introduced into or enacted If this policy covers Building, on a computer system (in- you may extend that insurance cluding electronic data) or a to apply to: network to which it is con- nected, designed to damage (a) Your new buildings while or destroy any part of the being built on the described system or disrupt its normal premises', and e operation. But there is no (b) Buildings you acquire at lo- coverage for loss or damage cations, other than the de- caused by or resulting from scribed premises, intended manipulation of a computer for: system (including electronic (i) Similar use as the build- data) by any employee, in- ng described in the cluding a temporary or Declarations, or leased employee, or by an (ii) Use as a warehouse. entity retained by you or for The most we will pay for loss or you to inspect, design, in- damage under this Extension is stall, modify, maintain, re- $250,000 at each building. pair or replace that system, (2) Your Business Personal Proper- (4) The most we will pay under this ty Additional Coverage, Electronic (a) If this Data, is $2,500 (unless a higher policy covers Your Business Personal Property, limit is shown in the Declara- tions) for all loss or damage sus- you may extend that insur- tained in any one policy year, re- gardless of the number of (i) Business personal prop- occurrences of loss or damage erty, including such or the number of premises, loca- property that you newly tions or computer systems in- acquire, at any location volved. If loss payment on the you acquire other than first occurrence does not ex- at fairs, trade shows or haust this amount, then the bal- exhibitions; or ante is available for subsequent (i i) Business personal prop- loss or damage sustained in but erty, including such not after that policy year. With property that you newly respect to an occurrence which acquire, located at your begins in one policy year and newly constructed or continues or results in additional acquired buildings at loss or damage in a subsequent the location described policy year(s), all loss or damage in the Declarations. is deemed to be sustained in the The most we will pay for policy year in which the occur- loss or damage under this rence began. Extension is $100,000 at 5. Coverage Extensions each building, Except as otherwise provided, the follow- (b) This Extension does not ap- ing Extensions apply to property located ply to: in or on the building described in the Dec- (i) Personal property of larations or in the open (or in a vehicle) others that is temporar- within 100 feet of the described prem- ily in your possession in ises. the course of installing If a Coinsurance percentage of 80% or or performing work on more, or a Value Reporting period sym- such property; or bol, is shown in the Declarations, you may extend the insurance provided by this Coverage Part as follows: CP 00 10 10 12 © Insurance Services Office, Inc., 2011 Page 7 of 17 (ii) Personal property of c. Valuable Papers And Records (Other others that is temporar- Than Electronic Data) ily in your possession in (1) You may extend the insurance the course of your man- that applies to Your Business ufacturing or Personal Property to apply to wholesaling activities. your cost to replace or restore (3) Period of Coverage the lost information on valuable With respect to insurance pro- papers and records for which du- vided under this Coverage Ex- plicates do not exist. But this Ex- tension for Newly Acquired Or tension does not apply to valu- Constructed Property, coverage able papers and records which will end when any of the follow- exist as electronic data. Electron- ing first occurs: is data has the meaning de- (a) This policy expires; scribed under Property Not Cov- (b) 30 days expire after you ac- ered, Electronic Data quire the property or begin (2) If the Causes of Loss - Special construction of that part of Form applies, coverage under the building that would this Extension is limited to the qualify as covered property; "specified causes of loss" as de- or fined in that form and Collapse (c) You report values to us. as set forth in that form. We will charge you additional (3) If the Causes of Loss - Broad premium for values reported Form applies, coverage under from the date you acquire the this Extension includes Collapse property or begin construction of as set forth in that form. that part of the building that (4) Under this Extension, the most would qualify as covered prop- we will pay to replace or restore erty the lost information is $2,500 at b. Personal Effects And Property Of each described premises, unless Others a higher limit is shown in the Declarations. Such amount is ad- You may extend the insurance that ditional insurance. We will also applies to Your Business Personal pay for the cost of blank material Property to apply to: for reproducing the records (1) Personal effects owned by you, (whether or not duplicates exist) your officers, your partners or and (when there is a duplicate) members, your managers or for the cost of labor to transcribe your employees. This Extension or copy the records. The costs of does not apply to loss or dam- blank material and labor are sub- age by theft. ject to the applicable Limit of In- (2) Personal property of others in surance on Your Business Per- your care, custody or control. sonal Property and, therefore, The most we will pay for loss or coverage of such costs is not ad- damage under this Extension is ditional insurance. $2,500 at each described premises. d. Property Off-premises Our payment for loss of or damage (1) You may extend the insurance to personal property of others will provided by this Coverage Form only be for the account of the owner to apply to your Covered Prop- of the property. erty while it is away from the de- scribed premises, if it is (a) Temporarily at a location you do not own, lease or op- erate; Page 8 of 17 © Insurance Services Office, Inc., 2011 CP 00 10 10 12 (b) In storage at a location you f. Non-owned Detached Trailers lease, provided the lease (1) You may extend the insurance was executed after the be- that applies to Your Business ginning of the current policy Personal Property to apply to term; or loss or damage to trailers that (c) At any fair, trade show or you do not own, provided that, exhibition. (a) The trailer is used in your (2) This Extension does not apply to business; property: (b) The trailer is in your care, _ (a) In or on a vehicle; or custody or control at the (b) In the care, custody or con- premises described in the trol of your salespersons, Declarations; and unless the property is in (c) You have a contractual re- such care, custody or con- sponsibility to pay for loss trol at a fair, trade show or or damage to the trailer. exhibition. (2) We will not pay for any loss or (3) The most we will pay for loss or damage that occurs. damage under this Extension is (a) While the trailer is attached $10,000. to any motor vehicle or mo- e. Outdoor Property torized conveyance, whether You may extend the insurance pro- or not the motor vehicle or vided by this Coverage Form to apply motorized conveyance is in to your outdoor fences, radio and motion; television antennas (including satel- (b) During hitching or lite dishes), trees, shrubs and plants unhitching operations, or (other than trees, shrubs or plants when a trailer becomes ac- which are "stock" or are part of a cidentally unhitched from a " vegetated roof), including debris re- motor vehicle or motorized moval expense, caused by or result- conveyance. ing from any of the following causes (3) The most we will pay for loss or of loss if they are Covered Causes of damage under this Extension is Loss: $5,000, unless a higher limit is (1) Fire, shown in the Declarations. (2) Lightning, (4) This insurance is excess over the (3) Explosion, amount due (whether you can (4) Riot or Civil Commotion, or collect on it or not) from any oth- (5) Aircraft. erinsurance covering such prop- The most we will pay for lass or erty. damage under this Extension is g. Business Personal Property Tempo- $1,000, but not more than $250 for rarily In Portable Storage Units any one tree, shrub or plant. These (1) You may extend the insurance limits apply to any one occurrence, that applies to Your Business regardless of the types or number of Personal Property to apply to items lost or damaged in that occur- such property while temporarily rence. stored in a portable storage unit Subject to all aforementioned terms (including a detached trailer) lo- and limitations of coverage, this Cov- cated within 100 feet of the erage Extension includes the ex- building structure described pense of removing from the de- in the Declarations rations or within 100 scribed premises the debris of trees, feet of the premises described in shrubs and plants which are the the Declarations, whichever dis- property of others, except in the situ- ation in which you are a tenant and such property is owned by the land- lord of the described premises. CP 00 10 10 12 © Insurance Services Office, Inc., 2011 Page 9 of 17 (2) If the applicable Covered Causes C. Limits Of Insurance of Loss form or endorsement The most we will pay for loss or damage in contains a limitation or exclu- any one occurrence is the applicable Limit Of sion concerning loss or damage Insurance shown in the Declarations. from sand, dust, sleet, snow, ice The most we will pay for loss or damage to or rain to property in a structure, outdoor signs, whether or not the sign is at- such limitation or exclusion also tached to a building, is $2,500 per sign in any applies to property in a portable one occurrence. storage unit. The amounts of insurance stated in the fol- (3) Coverage under this Extension: lowing Additional Coverages apply in accor- (a) Will end 90 days after the dance with the terms of such coverages and business personal property are separate from the Limit(s) Of Insurance has been placed in the stor- shown in the Declarations for any other cov- age unit; erage: (b) Does not apply if the storage 1. Fire Department Service Charge; unit itself has been in use at 2. pollutant Clean-up And Removal; the described premises for 3. Increased Cost Of Construction, and more than 90 consecutive days, even if the business 4. Electronic Data. personal property has been Payments under the Preservation Of Property stored there for 90 or fewer Additional Coverage will not increase the ap- days as of the time of loss or plicable Limit of Insurance. damage. D. Deductible (4) Under this Extension, the most In any one occurrence of loss or damage we will pay for the total of all (hereinafter referred to as loss), we will first loss or damage to business per- reduce the amount of loss if required by the sonal property is $10,000 (unless Coinsurance Condition or the Agreed Value a higher limit is indicated in the Optional Coverage. If the adjusted amount of Declarations for such Extension) loss is less than or equal to the Deductible, regardless of the number of stor- we will not pay for that loss. If the adjusted age units. Such limit is part of, amount of loss exceeds the Deductible, we not in addition to, the applicable will then subtract the Deductible from the ad- Limit of Insurance on Your Busi- justed amount of loss and will pay the result- ness Personal Property. There- ing amount or the Limit of Insurance, which- fore, payment under this Exten- ever is less. sion will not increase the When the occurrence involves loss to more applicable Limit of Insurance on than one item of Covered Property and sepa- Your Business Personal Proper- rate Limits of Insurance apply, the losses will ty not be combined in determining application (5) This Extension does not apply to of the Deductible. But the Deductible will be loss or damage otherwise cov- applied only once per occurrence. ered under this Coverage Form Example 1 or any endorsement to this Cov- (This example assumes there is no Coinsurance erage Form or policy, and does penalty.) not apply to loss or damage to Deductible: $ 250 the storage unit itself. Each of these Extensions is additional in- Limit of Insurance - Building 1; $ 0,8 surance unless otherwise indicated. The Limit of Insurance - Building 2: $ 0,000 00 Additional Condition, Coinsurance, does Loss to Building 1. $ 60,100 not apply to these Extensions. Loss to Building 2 $ 90,000 B. Exclusions And Limitations See applicable Causes Of Loss form as shown The amount of loss to Building 1 ($60,100) is less in the Declarations. than the sum ($60,250) of the Limit of Insurance applicable to Building 1 plus the Deductible. Page 10 of 17 © Insurance Services Office, Inc., 2011 CP00 10 10 12 The Deductible will be subtracted from the b. Bear the other expenses of the ap- amount of loss in calculating the loss payable for praisal and umpire equally. Building 1: If there is an appraisal, we will still retain $60,100 our right to deny the claim. - 250 3. Duties In The Event Of Loss Or Damage $59,850 Loss Payable - Building 1 a. You must see that the following are done in the event of loss or damage The Deductible applies once per occurrence and to Covered Property: therefore is not subtracted in determining the (1) Notify the police if a law may amount of loss payable for Building 2 Loss pay- have been broken. able for Building 2 is the Limit of Insurance of $80,000, (2) Give us prompt notice of the loss e or damage. Include a description Total amount of loss payable: $59,850 + $80,000 e = $139,850 of the property involved. Example 2 (3) As soon as possible, give us a description of how, when and (This example, too, assumes there is no Coinsur- where the loss or damage oc- ance penalty.) curred. The Deductible and Limits of Insurance are the (4) Take all reasonable steps to pro-same as those in Example 1. tect the Covered Property from Loss to Building 1 $ 70,000 further damage, and keep a (Exceeds Limit of Insurance plus Deductible) record of your expenses neces- Loss to Building 2: $ 90,000 sary to protect the Covered Prop- (Exceeds Limit of Insurance plus Deductible) erty, for consideration in the set- Loss Payable - Building 1: $ 60,000 tlement of the claim. This will (Limit of Insurance) not increase the Limit of Insur- Loss Payable - Building 2 $ 80,000 ance. However, we will not pay (Limit of Insurance) for any subsequent loss or dam- Total amount of loss payable', $ 140,000 age resulting from a cause of loss that is not a Covered Cause E. Loss Conditions of Loss. Also, if feasible, set the The following conditions apply in addition to damaged property aside and in the Common Policy Conditions and the Com- the best possible order for ex- mercial Property Conditions: amination. 1. Abandonment (5) At our request, give us complete There can be no abandonment of any inventories of the damaged and property to us. undamaged property. Include quantities, costs, values and 2. Appraisal amount of loss claimed. If we and you disagree on the value of the (6) As often as may be reasonably property or the amount of loss, either required, permit us to inspect may make written demand for an ap- the property proving the loss or praisal of the loss. In this event, each par- damage and examine your ty will select a competent and impartial books and records. appraiser. The two appraisers will select an umpire. If they cannot agree, either Also, permit us to take samples may request that selection be made by a of damaged and undamaged judge of a court having jurisdiction. The property for inspection, testing appraisers will state separately the value and analysis, and permit us to of the property and amount of loss. If make copies from your books and records. they fail to agree, they will submit their differences to the umpire. A decision (7) Send us a signed, sworn proof of agreed to by any two will be binding. loss containing the information Each party will: we request to investigate the a. Pay its chosen appraiser, and claim. You must do this within 60 days after our request. We will supply you with the neces- sary forms. CP 00 10 10 12 © Insurance Services Office, Inc., 2011 Page 11 of 17 (8) Cooperate with us in the inves- f. We may elect to defend you against tigation or settlement of the suits arising from claims of owners claim. of property. We will do this at our ex- b. We may examine any insured under pense. oath, while not in the presence of g. We will pay for covered loss or dam- any other insured and at such times age within 30 days after we receive as may be reasonably required, the sworn proof of loss, if you have about any matter relating to this in- complied with all of the terms of this surance or the claim, including an in- Coverage Part, and: sured's books and records. In the (1) We have reached agreement event of an examination, an in- with you on the amount of loss, sured's answers must be signed. or 4. Loss Payment (2) An appraisal award has been a. In the event of loss or damage cov- made. ered by this Coverage Form, at our h. A party wall is a wall that separates option, we will either: and is common to adjoining build- (1) Pay the value of lost or damaged ings that are owned by different par- property, ties, In settling covered lasses in- (2) Pay the cost of repairing or re- volving a party wall, we will pay a placing the lost or damaged proportion of the loss to the party property, subject to b. below; wall based on your interest in the (3) Take all or any part of the prop- wall in proportion to the interest of erty at an agreed or appraised the owner of the adjoining building. value, or However, if you elect to repair or re- (4) Repair, rebuild or replace the place your building and the owner of property with other property of the adjoining building elects not to like kind and quality, subject to repair or replace that building, we b. below. will pay you the full value of the loss to the party wall, subject to all ap- We will determine the value of lost or plicable policy provisions including damaged property, or the cost of its Limits of Insurance, the Valuation repair or replacement, in accordance and Coinsurance Conditions and all with the applicable terms of the Valu- other provisions of this Loss Pay- ation Condition in this Coverage ment Condition. Our payment under Form or any applicable provision the provisions of this paragraph does which amends or supersedes the not alter any right of subrogation we Valuation Condition. may have against any entity, includ- b. The cost to repair, rebuild or replace ing the owner or insurer of the ad- does not include the increased cost joining building, and does not alter attributable to enforcement of or the terms of the Transfer Of Rights compliance with any ordinance or Of Recovery Against Others To Us law regulating the construction, use Condition in this policy. or repair of any property. 5. Recovered Property c. We will give notice of our intentions If either you or we recover any property within 30 days after we receive the after loss settlement, that party must give sworn proof of loss. the other prompt notice. At your option, d. We will not pay you more than your the property will be returned to you. You financial interest in the Covered must then return to us the amount we Property. paid to you for the property. We will pay e. We may adjust losses with the own- recovery expenses and the expenses to ers of lost or damaged property if repair the recovered property, subject to other than you. If we pay the owners, the Limit of Insurance. such payments will satisfy your claims against us for the owners' property. We will not pay the owners more than their financial interest in the Covered Property. Page 12 of 17 © Insurance Services Office, Inc., 2011 CP 00 10 10 12 6. Vacancy (2) With respect to Covered Causes a. Description Of Terms of Loss other than those listed in (1) As used in this Vacancy Condi- b.(1)(a) through b.(1)(f) above, tion, the term building and the we will reduce the amount we term vacant have the meanings would otherwise pay for the loss set forth in (1)(a) and (1)(b) be- or damage by 15%. low: 7. Valuation (a) When this policy is issued to We will determine the value of Covered a tenant, and with respect to Property in the event of loss or damage _ that tenant's interest in Cov- as follows ered Property, building a. At actual cash value as of the time of means the unit or suite loss or damage, except as provided rented or leased to the ten- in b., c., d. and e. below. e ant. Such building is vacant b. If the Limit of Insurance for Building when it does not contain satisfies the Additional Condition, enough business personal Coinsurance, and the cost to repair property to conduct custom- or replace the damaged building ary operations. property is $2,500 or less, we will (b) When this policy is issued to pay the cost of building repairs or re- the owner or general lessee placement. of a building, building The cost of building repairs or re- means the entire building. placement does not include the in- Such building is vacant un- creased cost attributable to less at least 31% of its total enforcement of or compliance with square footage is: any ordinance or law regulating the (i) Rented to a lessee or construction, use or repair of any sublessee and used by property. the lessee or sublessee However, the following property will to conduct its custom- be valued at the actual cash value, ary operations, and/or even when attached to the building: (ii) Used by the building (1) Awnings orfloor coverings; owner to conduct cus- (2) Appliances for refrigerating, tomary operations. ventilating, cooking, dishwash- (2) Buildings under construction or ing or laundering, or renovation are not considered (3) Outdoor equipment or furniture. vacant. b. Vacancy Provisions c. "Stock" you have sold but not d -di ered at the selling price less dis- If the building where loss or damage counts and expenses you otherwise occurs has been vacant for more would have had. than 60 consecutive days before that d. Glass at the cost of replacement with loss or damage occurs. safety-glazing material if required by (1) We will not pay for any loss or law. damage caused by any of the fol- e. Tenants' Improvements and Better- lowing, even if they are Covered ments at: Causes of Loss: (1) Actual cash value of the lost or (a) Vandalism; damaged property if you make (b) Sprinkler leakage, unless repairs promptly. you have protected the sys- (2) A proportion of your original tem against freezing, cost if you do not make repairs (c) Building glass breakage, promptly. We will determine the (d) Water damage, proportionate value as follows: (e) Theft; or (a) Multiply the original cost by (f) Attempted theft, the number of days from the loss or damage to the expi- ration of the lease, and CP 00 10 10 12 © Insurance Services Office, Ina, 2011 Page 13 of 17 (b) Divide the amount deter- Example 1 (Underinsurance) mined in (a) above by the When: The value of the property is: $250,000 number of days from the in- The Coinsurance percent- stallation of improvements age for it is: 80% to the expiration of the The Limit of Insurance for it lease. is: $ 100,000 If your lease contains a renewal The Deductible is: $ 250 option, the expiration of the re- newal option period will replace The amount of loss is: $ 40,000 the expiration of the lease in this Step (1):$250,000 x 80% = $200,000 procedure. (the minimum amount of insurance to (3) Nothing if others pay for repairs meet your Coinsurance requirements) or replacement. Step (2):$100,000 _ $200,000 = ,50 F. Additional Conditions Step (3):$40,000 x .50 = $20,000 The following conditions apply in addition to Step (4):$20,000 -$250 = $19,750 the Common Policy Conditions and the Com- We will pay no more than $19,750. The remaining mercial Property Conditions: $20,250 is not covered. 1. Coinsurance Example 2 (Adequate Insurance) If a Coinsurance percentage is shown in When: The value of the property is $250,000 the Declarations, the following condition The Coinsurance percentage applies: for it is: 80% a. We will not pay the full amount of The Limit of Insurance for it is: $ 200,000 any loss if the value of Covered Prop- The Deductible is $ 250 erty at the time of loss times the Co- insurance percentage shown for it in the Declarations is greater than the The minimum amount of insurance to meet your Limit of Insurance for the property. Coinsurance requirement is $200,000 ($250,000 x Instead, we will determine the most 80%). Therefore, the Limit of Insurance in this ex- we will pay using the following ample is adequate, and no penalty applies. We steps: will pay no more than $39,750 ($40,000 amount of (1) Multiply the value of Covered loss minus the deductible of $250). Property at the time of loss by b. If one Limit of Insurance applies to the Coinsurance percentage; two or more separate items, this con- dition will apply to the total of all (2) Divide the Limit of Insurance of property to which the limit applies. the property by the figure deter- Example 3 mined in Step (1); (3) Multiply the total amount of When: The value of property is: loss, before the application of Building at Location 1: $ 75,000 any deductible, by the figure de- Building at Location 2: $ 100,000 termined in Step (2), and Personal Property at (4) Subtract the deductible from the Location 2: $ 75,000 figure determined in Step (3). $250,000 We will pay the amount determined The Coinsurance in Step (4) or the Limit of Insurance, percentage for it is: 90% whichever is less. For the remainder, The Limit of Insurance you will either have to rely on other for Buildings and insurance or absorb the loss your- Personal Property at self. Location 1 and 2 is: $ 180,000 The Deductible is: $ 1,000 The amount of loss is: Building at Location 2: $ 30,000 Personal Property at Location 2: $ 20,000 $ 50,000 Page 14 of 17 © Insurance Services Office, Inc, 2011 CP00 10 10 12 Step (1):$250,000 x 90% _ $225,000 At our option, we may pay to the (the minimum amount of insurance to mortgageholder the whole principal meet your Coinsurance requirements and on the mortgage plus any accrued in- to avoid the penalty shown below) terest. In this event, your mortgage Step (2):$180,000 - $225,000 = .80 and note will be transferred to us and Step (3):$50,000 x .80 = $40,000 you will pay your remaining mort- Step (4):$40,000 - $1,000 = $39,000. gage debt to us, We will pay no more than $39,000 The remaining f. If we cancel this policy, we will give $11,000 is not covered. written notice to the mortgageholder e 2. Mortgageholders at least: (1) 10 days before the effective date a. The term mortgageholder includes of cancellation if we cancel for trustee. your nonpayment of premium; b. We will pay for covered loss of or or damage to buildings or structures to (2) 30 days before the effective date each mortgageholder shown in the of cancellation if we cancel for e Declarations in their order of prece- any other reason. dence, as interests may appear. c. The mortgageholder has the right to 9 If we elect not renew this policy, we will give written notice to the receive loss payment even if the mortgageholder at least 10 days be- mortgageholder has started foreclo- fore the expiration date of this policy. sure or similar action on the building or structure. e G. Optional Coverages d. If we deny your claim because of If shown as applicable in the Declarations, the your acts or because you have failed following Optional Coverages apply separate- to comply with the terms of this Cov- ly to each item. erage Part, the mortgageholder will N still have the right to receive loss 1. Agreed Value payment if the mortgageholder: a. The Additional Condition, Coinsur- (1) Pays any premium due under ance, does not apply to Covered this Coverage Part at our request Property to which this Optional Cov- if you have failed to do so, erage applies. We will pay no more (2) Submits a signed, sworn proof for loss of or damage to that property of loss within 60 days after re- than the proportion that the Limit of ceiving notice from us of your Insurance under this Coverage Part failure to do so, and for the property bears to the Agreed Value shown for it in the Declara- (3) Has notified us of any change in tions. ownership, occupancy or sub- stantial change in risk known to b. a the expiration date for this Option- the mortgageholder. al Coverage shown in the Declara- debar All of the terms of this Coverage Part bons is not extended, the Additional will then apply directly to the Condition, Coinsurance, is reinstated and this Optional Coverage expires. mortgageholder. c. The terms of this Optional Coverage e. If we pay the mortgageholder for any apply only to loss or damage that oc- loss or damage and deny payment to curs: you because of your acts or because (1) On or after the effective date of you have failed to comply with the terms of this Coverage Part: this Optional Coverage; and (1) The mortgageholder's rights un- (2) Before the Agreed Value expira- der the mortgage will be trans- tion date shown in the Declara- ferred to us to the extent of the tions or the policy expiration amount we pay, and date, whichever occurs first (2) The mortgageholder's right to recover the full amount of the mortgageholder's claim will not be impaired. CP 00 10 10 12 © Insurance Services Office, Ina, 2011 Page 15 of 17 2. Inflation Guard c. You may make a claim for loss or a. The Limit of Insurance for property to damage covered by this insurance on which this Optional Coverage applies an actual cash value basis instead of will automatically increase by the an- on a replacement cost basis. In the nual percentage shown in the Dec- event you elect to have loss or dam- larations. age settled on an actual cash value b. The amount of increase will be: basis, you may still make a claim for Lim the of Insurance that ap- the additional coverage this Optional (1) The L plied im the most recent of the Coverage provides if you notify us of your intent to do so policy inception date, the policy within 180 days anniversary date, or any other after the loss or damm age. policy change amending the d. We will not pay on a replacement Limit of Insurance, times cost basis for any loss or damage: (2) The percentage of annual in- (1) Until the lost or damaged prop- crease shown in the Declara- erty is actually repaired or re- tions, expressed as a decimal placed, and (example: 8% is .08), times (2) Unless the repair or replacement (3) The number of days since the is made as soon as reasonably beginning of the current policy possible after the loss or dam- year or the effective date of the age, most recent policy change With respect to tenants' improve- amending the Limit of Insurance, ments and betterments, the follow- divided by 365. ing also apply: (3) If the conditions in d.(1) and d.(2) Example above are not met, the value of If: The applicable Limit of Insur- tenants' improvements and bet- ance is: $ 100,000 terments will be determined as a The annual percentage increase is: 8% proportion of your original cost, as set forth in the Valuation Loss The number of days since the Condition of this Coverage beginning of the policy year (or Form, and last policy change) is: 146 (4) We will not pay for loss or dam- The amount of increase is age to tenants' improvements $100,000 x .08 x 146 _ 365= $ 3,200 and betterments if others pay for 3. Replacement Cost repairs or replacement. a. Replacement Cost (without deduc- e. We will not pay more for loss or tion for depreciation) replaces Actual damage on a replacement cost basis Cash Value in the Valuation Loss than the least of (1), (2) or (3), subject Condition of this Coverage Form. to f. below: b. This Optional Coverage does not ap- (1) The Limit of Insurance applica- ply to: ble to the lost or damaged prop- (1) Personal property of others; erty, (2) Contents of a residence; (2) The cost to replace the lost or (3) Works of art, antiques or rare ar- damaged property with other ticles, including etchings, pic- property: tures, statuary, marbles, (a) Of comparable material and bronzes, porcelains and bric-a- quality; and brae, or (b) Used for the same purpose, (4) "Stock", unless the Including or "Stock" option is shown in the (3) The amount actually spent that Declarations- is necessary to repair or replace Under the terms of this Replacement the lost or damaged property Cost Optional Coverage, tenants' im- provements and betterments are not considered to be the personal prop- erty of others. Page 16 of 17 © Insurance Services Office, Inc., 2011 CP 00 10 10 12 If a building is rebuilt at a new prem- b. With respect to replacement cost on ises, the cost described in e.(2) above the personal property of others, the is limited to the cost which would following limitation applies: have been incurred if the building If an item(s) of personal property of had been rebuilt at the original prem- others is subject to a written contract Ises. which governs your liability for loss f. The cost of repair or replacement or damage to that item(s), then valu- does not include the increased cost ation of that item(s) will be based on attributable to enforcement of or the amount for which you are liable compliance with any ordinance or under such contract, but not to ex- law regulating the construction, use ceed the lesser of the replacement or repair of any property. cost of the property or the applicable 4. Extension Of Replacement Cost To Per- Limit of Insurance. sonal Property Of Others H. Definitions a. If the Replacement Cost Optional 1. "Fungus" means any type or form of fun- Coverage is shown as applicable in gus, including mold or mildew, and any the Declarations, then this Extension mycotoxins, spores, scents or by-pro- may also be shown as applicable. If ducts produced or released by fungi. the Declarations show this Extension 2. 'Pollutants" means any solid, liquid, gas- as applicable, then Paragraph 3.6.(1) eous or thermal irritant or contaminant, of the Replacement Cost Optional including smoke, vapor, soot, fumes, Coverage is deleted and all other acids, alkalis, chemicals and waste. provisions of the Replacement Cost Waste includes materials to be recycled, Optional Coverage apply to replace- reconditioned or reclaimed. ment cost on personal property of 3. "Stock" means merchandise held in stor- others. age or for sale, raw materials and in-pro- cess or finished goods, including sup- plies used in their packing or shipping. CP00 10 10 12 © Insurance Services Office, Inc., 2011 Page 17 of 17 COMMERCIAL PROPERTY CP 00 30 10 12 BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered, Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section F. Defini- tions, A. Coverage With respect to the requirements set forth in 1. Business Income the preceding paragraph, if you occupy only Business Income means the part of a building, your premises means: a. Net Income (Net Profit or Loss before (a) The portion of the building which income taxes) that would have been you rent, lease or occupy, earned or incurred; and (b) The area within 100 feet of the build- b. Continuing normal operating ex- ing or within 100 feet of the premises penses incurred, including payroll described in the Declarations, which- For manufacturing risks, Net Income in- ever distance is greater (with respect cludes the net sales value of production, to loss of or damage to personalproperty in the open or personal Coverage is provided as described and limit- ed below for one or more of the following property in a vehicle); and options for which a Limit Of Insurance is (c) Any area within the building at the shown in the Declarations: described premises, if that area ser- vices, or is used to gain access to, (1) Business Income Including "Rental Val- the portion of the building which you ue'. rent, lease or occupy. (2) Business Income Other Than "Rental Val- 2, Extra Expense ue' a. Extra Expense Coverage is provided (3) "Rental Value" at the premises described in the Dec- If option (1) above is selected, the term Busi- larations only if the Declarations ness Income will include "Rental Value". If show that Business Income Cover- option (3) above is selected, the term Busi- age applies at that premises ness Income will mean "Rental Value" only. b. Extra Expense means necessary ex- If Limits of Insurance are shown under more penses you incur during the "period than one of the above options, the provisions of restoration" that you would not of this Coverage Part apply separately to have incurred if there had been no each. direct physical loss or damage to We will pay for the actual loss of Business property caused by or resulting from Income you sustain due to the necessary a Covered Cause of Loss .suspension" of your "operations" during the We will pay Extra Expense (other ,.period of restoration". The "suspension" than the expense to repair or replace must be caused by direct physical loss of or property) to: damage to property at premises which are It) Avoid or minimize the "suspen- described in the Declarations and for which a sion" of business and to contin- Business Income Limit Of Insurance is shown ue operations at the described in the Declarations. The loss or damage must premises or at replacement be caused by or result from a Covered Cause premises or temporary loca- of Loss. With respect to loss of or damage to tions, including relocation ex- personal property in the open or personal penses and costs to equip and property in a vehicle, the described premises operate the replacement location include the area within 100 feet of such prem- or temporary location. ises. (2) Minimize the "suspension" of business if you cannot continue "operations". CP 00 30 10 12 © Insurance Services Office, Inc., 2011 Page 1 of 10 We will also pay Extra Expense 5. Additional Coverages to repair or replace property, but a. Civil Authority only to the extent it reduces the In this Additional Coverage, Civil Au- amount of loss that otherwise thorn the described would have been payable under y escr premises are premises to which this Coverage this Coverage Form. Form applies, as shown in the Dec- 3. Covered Causes Of Loss, Exclusions And larations. Limitations When a Covered Cause of Loss See applicable Causes Of Loss form as causes damage to property other _ shown in the Declarations. than property at the described prem- 4. Additional Limitation - Interruption Of ises, we will pay for the actual loss of Computer Operations Business Income you sustain and e a. Coverage for Business Income does necessary Extra Expense caused by not apply when a "suspension" of " action of civil authority that prohibits operations" is caused by destruction access to the described premises, or corruption of electronic data, or provided that both of the following any loss or damage to electronic apply: data, except as provided under the (1) Access to the area immediately Additional Coverage, Interruption Of surrounding the damaged prop- Computer Operations. erty is prohibited by civil author- b. Coverage for Extra Expense does not ity as a result of the damage, and apply when action is taken to avoid the described premises are with- or minimize a "suspension" of "op- in that area but are not more erations" caused by destruction or than one mile from the damaged corruption of electronic data, or any property, and loss or damage to electronic data, (2) The action of civil authority is except as provided under the Addi- taken in response to dangerous tional Coverage, Interruption Of physical conditions resulting Computer Operations. from the damage or continuation c. Electronic data means information, of the Covered Cause of Loss facts or computer programs stored that caused the damage, or the as or on, created or used on, or trans- action is taken to enable a civil mitted to or from computer software authority to have unimpeded ac- (including systems and applications cess to the damaged property. software), on hard or floppy disks, Civil Authority Coverage for Busi- CD-ROMs, tapes, drives, cells, data ness Income will begin 72 hours after processing devices or any other re- the time of the first action of civil au- positories of computer software thority that prohibits access to the which are used with electronically described premises and will apply controlled equipment. The term for a period of up to four consecutive computer programs, referred to in weeks from the date on which such the foregoing description of electron- coverage began. is data, means a set of related elec- Civil Authority Coverage for Extra Ex- tronic instructions which direct the pense will begin immediately after operations and functions of a com- the time of the first action of civil au- puter or device connected to it, thority that prohibits access to the which enable the computer or device described premises and will end: to receive, process, store, retrieve or (1) Four consecutive weeks after the send data. date of that action, or d. This Additional Limitation does not (2) When your Civil Authority Cov- apply when loss or damage to elec- erage for Business Income ends', tronic data involves only electronic data which is integrated in and op- whichever is later. erates or controls a building's eleva- tor, lighting, heating, ventilation, air conditioning or security system. Page 2 of 10 © Insurance Services Office, Inc., 2011 CP 00 30 10 12 b. Alterations And New Buildings However, Extended Business In- We will pay for the actual loss of come does not apply to loss of Business Income you sustain and Business Income incurred as a necessary Extra Expense you incur result of unfavorable business due to direct physical loss or damage conditions caused by the impact at the described premises caused by of the Covered Cause of Loss in or resulting from any Covered Cause the area where the described of Loss to. premises are located. (1) New buildings or structures, Loss of Business Income must whether complete or under con- be caused by direct physical loss struction, or damage at the described (2) Alterations or additions to exist- premises caused by or resulting ing buildings or structures, and from any Covered Cause of Loss. (3) Machinery, equipment, supplies (2) "Rental Value" or building materials located on If the necessary "suspension" of or within 100 feet of the de- your "operations' produces a scribed premises and: 'Rental Value' loss payable un- (a) Used in the construction, al- der this policy, we will pay for terations or additions; or the actual loss of 'Rental Value' (b) Incidental to the occupancy you incur during the period that: of new buildings. (a) Begins on the date property If such direct physical loss or dam- is actually repaired, rebuilt age delays the start of "operations", or replaced and tenantability the 'period of restoration" for Busi- is restored, and ness Income Coverage will begin on (b) Ends on the earlier of. the date 'operations' would have (i) The date you could re- begun if the direct physical loss or store tenant occupancy, damage had not occurred- with reasonable speed, c. Extended Business Income to the level which would (1) Business Income Other Than generate the 'Rental 'Rental Value' Value' that would have If the necessary "suspension" of existed if no direct your 'operations' produces a physical loss or damage Business Income loss payable had occurred, or under this policy, we will pay for (i i) 60 consecutive days the actual loss of Business In- after the date deter- come you incur during the peri- mined in (2)(a) above. od that: However, Extended Business In- (a) Begins on the date property come does not apply to loss of (except "finished stock") is 'Rental Value' incurred as a re- actually repaired, rebuilt or sult of unfavorable business replaced and 'operations' conditions caused by the impact are resumed, and of the Covered Cause of Loss in (b) Ends on the earlier of: the area where the described (i) The date you could re- premises are located. store your 'operations', Loss of 'Rental Value" must be with reasonable speed, caused by direct physical loss or to the level which would damage at the described prem- generate the business ises caused by or resulting from income amount that any Covered Cause of Loss. would have existed if no d. Interruption Of Computer Oper- direct physical loss or ations damage had occurred, (1) Under this Additional Coverage, or electronic data has the meaning (i i) 60 consecutive days described under Additional Limi- after the date deter- tation - Interruption Of Computer mined in (1)(a) above Operations. CP 00 30 10 12 © Insurance Services Office, Inc., 2011 Page 3 of 10 (2) Subject to all provisions of this (d) The Covered Causes of Loss Additional Coverage, you may include a virus, harmful extend the insurance that ap- code or similar instruction plies to Business Income and Ex- introduced into or enacted tra Expense to apply to a "sus- on a computer system (in- pension" of "operations" caused cluding electronic data) or a by an interruption in computer network to which it is con- operations due to destruction or nected, designed to damage corruption of electronic data due or destroy any part of the to a Covered Cause of Loss. system or disrupt its normal o However, we will not provide operation. But there is no coverage under this Additional coverage for an interruption Coverage when the Additional related to manipulation of a Limitation - Interruption Of Com- computer system (including puter Operations does not apply electronic data) by any em- based on Paragraph AAA. there- ployee, including a tempo-in, rary or leased employee, or (3) With respect to the coverage by an entity retained by you provided under this Additional or for you to inspect, design, Coverage, the Covered Causes install, maintain, repair or _ of Loss are subject to the follow- replace that system. ing: (4) The most we will pay under this (a) If the Causes Of Loss - Spe- Additional Coverage, Interrup- cial Form applies, coverage tion Of Computer Operations, is under this Additional Cover- $2,500 (unless a higher limit is age, Interruption Of Com- shown in the Declarations) for all puter Operations is limited loss sustained and expense in- to the "specified causes of curred in any one policy year, re- loss" as defined in that gardless of the number of inter- form, and Collapse as set ruptions or the number of forth in that form. premises, locations or computer (b) If the Causes Of Loss -Broad systems involved. If loss pay- Form applies, coverage un- ment relating to the first inter- der this Additional Cover- ruption does not exhaust this age, Interruption Of Com- amount, then the balance is puter Operations, includes available for loss or expense Collapse as set forth in that sustained or incurred as a result form. of subsequent interruptions in (c) If the Causes Of Loss form is that policy year. A balance re- endorsed to add a Covered maining at the end of a policy Cause of Loss, the additional year does not increase the Covered Cause of Loss does amount of insurance in the next ° not apply to the coverage policy year. With respect to any provided under this Addi- interruption which begins in one tional Coverage, Interrup- policy year and continues or re- sults in additional loss or ex- tiontion . pense in a subsequent policy atiorsyear(s), all loss and expense is deemed to be sustained or in- curred in the policy year in which the interruption began. (5) This Additional Coverage, Inter- ruption Of Computer Operations, does not apply to loss sustained or expense incurred after the end of the "period of restoration", even if the amount of insurance stated in (4) above has not been exhausted Page 4 of 10 © Insurance Services Office, Inc., 2011 CP 00 30 10 12 6. Coverage Extension C. Loss Conditions If a Coinsurance percentage of 50% or The following conditions apply in addition to more is shown in the Declarations, you the Common Policy Conditions and the Com- may extend the insurance provided by mercial Property Conditions. this Coverage Part as follows: 1. Appraisal Newly Acquired Locations If we and you disagree on the amount of a. You may extend your Business In- Net Income and operating expense or the come and Extra Expense Coverages amount of loss, either may make written to apply to property at any location demand for an appraisal of the loss. In you acquire other than fairs or exhi- this event, each party will select a com- bitions. petent and impartial appraiser. b. The most we will pay under this Ex- The two appraisers will select an umpire. tension, for the sum of Business In- If they cannot agree, either may request come loss and Extra Expense that selection be made by a judge of a incurred, is $100,000 at each loca- court having jurisdiction- The appraisers tion, unless a higher limit is shown in will state separately the amount of Net the Declarations. Income and operating expense or c. Insurance under this Extension for amount of loss. If they fail to agree, they each newly acquired location will will submit their differences to the um- end when any of the following first pire. A decision agreed to by any two will occurs: be binding. Each party will: (1) This policy expires; a. Pay its chosen appraiser, and (2) 30 days expire after you acquire b. Bear the other expenses of the ap- or begin to construct the prop- praisal and umpire equally. erty, or If there is an appraisal, we will still retain (3) You report values to us. our right to deny the claim. We will charge you additional premi- 2. Duties In The Event Of Loss um for values reported from the date a. You must see that the following are you acquire the property. done in the event of loss: The Additional Condition, Coinsurance, (1) Notify the police if a law may does not apply to this Extension. have been broken. B. Limits Of Insurance (2) Give us prompt notice of the di- The most we will pay for lass in any one oc- rect physical lass or damage. In- currence is the applicable Limit Of Insurance clude a description of the prop- shown in the Declarations. erty involved. Payments under the following coverages will (3) As soon as possible, give us a not increase the applicable Limit of Insur- description of how, when, and ance, where the direct physical loss or 1. Alterations And New Buildings; damage occurred. 2. Civil Authority; (4) Take all reasonable steps to pro- tect the Covered Property from further damage, and keep a 4. Extended Business Income. record of your expenses neces- The amounts of insurance stated in the In- sary to protect the Covered Prop- terruption Of Computer Operations Addition- erty, for consideration in the set- al Coverage and the Newly Acquired tlement of the claim. This will Locations Coverage Extension apply in accor- not increase the Limit of Insur- dance with the terms of those coverages and ance. However, we will not pay are separate from the Limit(s) Of Insurance for any subsequent loss or dam- shown in the Declarations for any other cov- age resulting from a cause of erage. loss that is not a Covered Cause of Loss. Also, if feasible, set the damaged property aside and in the best possible order for ex- amination. CP 00 30 10 12 © Insurance Services Office, Inc., 2011 Page 5 of 10 (5) As often as may be reasonably (4) Other relevant sources of infor- required, permit us to inspect mation, including: the property proving the lass or (a) Your financial records and damage and examine your accounting procedures, books and records. (b) Bills, invoices and other Also permit us to take samples vouchers; and of damaged and undamaged (c) Deeds, liens or contracts. property for inspection, testing b. The amount of Extra Expense will be and analysis, and permit us to determined based on: make copies from your books and records. (1) All expenses that exceed the (6) Send us a signed, sworn proof of normal operating expenses that loss containing the information would have been incurred by we request to investigate the "operations" during the "period claim. You must do this within of restoration" if no direct phys- 60 days after our request. We cal loss or damage had oc- will supply you with the neces- curred. We will deduct from the ..._ sary forms. total of such expenses: (7) Cooperate with us in the inves- (a) The salvage value that re- tigation or settlement of the mains of any property claim, bought for temporary use during the "period of resto- (8) If you intend to continue your business, you must resume all or ration", once "operations" are resumed, and part of your "operations" as quickly as possible. (b) Any Extra Expense that is b. We may examine any insured under paid for other insurance, except for insurance that is oath, while not in the presence of written subject to the same any other insured and at such times plan, terms, conditions and as may be reasonably required, provisions as this insurance; about any matter relating to this in- and surance or the claim, including an in- sured's books and records, In the (2) Necessary expenses that reduce event of an examination, an in- the Business Income loss that sured's answers must be signed. otherwise would have been in- curred. 3. Loss Determination c. Resumption Of Operations a. The amount of Business Income loss will be determined based on: We will reduce the amount of your: (1) The Net Income of the business (1) Business Income loss, other than before the direct physical loss or Extra Expense, to the extent you damage occurred; can resume your "operations", in whole or in part, by using (2) The likely Net Income of the damaged or undamaged proper- business if no physical loss or ty (including merchandise or damage had occurred, but not stock) at the described premises including any Net Income that or elsewhere. would likely have been earned as a result of an increase in the (2) Extra Expense loss to the extent volume of business due to favor- you can return "operations" to able business conditions caused normal and discontinue such Ex- by the impact of the Covered tra Expense. Cause of Loss on customers or d. If you do not resume "operations", on other businesses, or do not resume "operations" as (3) The operating expenses, includ- quickly as possible, we will pay ing payroll expenses, necessary based on the length of time it would to resume "operations" with the have taken to resume "operations" same quality of service that ex- as quickly as possible. isted just before the direct phys- ical loss or damage, and Page 6 of 10 © Insurance Services Office, Inc , 2011 CP 00 30 10 12 4. Loss Payment In determining operating expenses for the We will pay for covered loss within 30 purpose of applying the Coinsurance condi- days after we receive the sworn proof of tion, the following expenses, if applicable, loss, if you have complied with all of the shall be deducted from the total of all operat- terms of this Coverage Part and: ing expenses: a. We have reached agreement with (1) Prepaid freight -outgoing; you on the amount of loss; or (2) Returns and allowances; b. An appraisal award has been made. (3) Discounts, D. Additional Condition (4) Bad debts, COINSURANCE (5) Collection expenses; If a Coinsurance percentage is shown in the (6) Cost of raw stock and factory supplies Declarations, the following condition applies consumed (including transportation in addition to the Common Policy Conditions charges), and the Commercial Property Conditions. (7) Cost of merchandise sold (including We will not pay the full amount of any Busi- transportation charges); ness Income loss if the Limit of Insurance for (8) Cost of other supplies consumed (includ- Business Income is less than: ing transportation charges); 1. The Coinsurance percentage shown (9) Cost of services purchased from outsid- for Business Income in the Declara- ers (not employees) to resell, that do not tions, times continue under contract; 2. The sum of: (10) Power, heat and refrigeration expenses a. The Net Income (Net Profit or that do not continue under contract (if Loss before income taxes), and Form CP 15 11 is attached), b. Operating expenses, including (11) All payroll expenses or the amount of payroll expenses, payroll expense excluded (if Form CP 15 that would have been earned or in- 10 is attached), and curred (had no loss occurred) by your (12) Special deductions for mining properties .operations" at the described prem- (royalties unless specifically included in ises for the 12 months following the coverage, actual depletion commonly inception, or last previous anniversa- known as unit or cost depletion - not per- ry date, of this policy (whichever is centage depletion, welfare and retire- later). ment fund charges based on tonnage, Instead, we will determine the most we will hired trucks). pay using the following steps: Example 1 (Underinsurance) Step (1): Multiply the Net Income and op- When: The Net Income and op- erating expense for the 12 erating expenses for months following the inception, the 12 months following or last previous anniversary the inception, or last date, of this policy by the Coin- previous anniversary surance percentage, date, of this policy at Step (2): Divide the Limit of Insurance for the described premises the described premises by the would have been $ 400,000 figure determined in Step (1), The Coinsurance per- and centage is 50% Step (3): Multiply the total amount of loss The Limit of Insurance is $ 150,000 by the figure determined in Step The amount of loss is $ 80,000 (2) We will pay the amount determined in Step Step (1):$400,D00 x 50% = $200,000 (3) or the limit of insurance, whichever is less. (the minimum amount of For the remainder, you will either have to rely insurance to meet your on other insurance or absorb the loss your- Coinsurance requirements) self. Step (2): 5150,000 _ $200,000 = .75 Step (3): S 80,000 x 75 = $60,000 We will pay no more than $60,000. The re- maining $20,000 is not covered. CP 00 30 10 12 © Insurance Services Office, Inc., 2011 Page 7 of 10 Example 2 (Adequate Insurance) Example: When, The Net Income and op- When: The Limit of Insurance is $ 120,000 operating expenses for The fraction shown in the 12 months following the Declarations for the inception, or last this Optional Coverage is 114 previous anniversary The most we will pay for date, of this policy at loss in each period of the described premises 30 consecutive days is: $ 30,000 would have been $ 400,000 ($120,000 x 1/4 = $30,000) The Coinsurance per- If, in this example, the centage is 50% actual amount of loss is: e The Limit of Insurance is $ 200,000 Days 1-30 $ 40,000 e The amount of loss is $ 80,000 Days 31-60 20,000 The minimum amount of insurance to meet your Days 61-90 30,000 Coinsurance requirement is $200,000 ($400,000 x $ 90,000 50%). Therefore, the Limit of Insurance in this ex- ample is adequate and no penalty applies. We will We will pay: pay no more than $80,000 (amount of loss). Days 1-30 $ 30,000 This condition does not apply to Extra Expense Days 31-60 20,000 Coverage. Days 61-90 30,400 E. Optional Coverages $ 80,000 If shown as applicable in the Declarations, the The remaining $10,000 is not following Optional Coverages apply separate- covered. ly to each item. 3. Business Income Agreed Value 1. Maximum Period Of Indemnity a. To activate this Optional Coverage: a. The Additional Condition, Coinsur- (1) A Business Income Report/ ance, does not apply to this Cover- Work Sheet must be submitted age Form at the described premises to us and must show financial to which this Optional Coverage ap- data for your "operations": plies. (a) During the 12 months prior b. The most we will pay for the total of to the date of the Work Business Income loss and Extra Ex- Sheet, and pense is the lesser of: (b) Estimated for the 12 months (1) The amount of loss sustained immediately following the and expenses incurred during inception of this Optional the 120 days immediately fol- Coverage. lowing the beginning of the "pe- (2) The Declarations must indicate riod of restoration", or that the Business Income Agreed (2) The Limit Of Insurance shown in Value Optional Coverage ap- the Declarations. plies, and an Agreed Value must 2. Monthly Limit Of Indemnity be shown in the Declarations. a. The Additional Condition, Coinsur- The Agreed Value should be at ance, does not apply to this Cover- least equal to: age Form at the described premises (a) The Coinsurance percentage to which this Optional Coverage ap- shown in the Declarations, plies. multiplied by b. The most we will pay for loss of (b) The amount of Net Income Business Income in each period of 30 and operating expenses for consecutive days after the beginning the following 12 months you of the "period of restoration" is: is: report on the Work Sheet. (1) The Limit Of Insurance, multi- b. The Additional Condition, Coinsur- plied by ance, is suspended until: (2) The fraction shown in the Dec- (1) 12 months after the effective larations for this Optional Cover- date of this Optional Coverage; age. or Page 8 of 10 © Insurance Services Office, Inc , 2011 CP 00 30 10 12 (2) The expiration date of this poli- 3. "Period of restoration" means the period cy; of time that. whichever occurs first. a. Begins: c. We will reinstate the Additional Con- (1) 72 hours after the time of direct dition, Coinsurance, automatically if physical loss or damage for you do not submit a new Work Sheet Business Income Coverage; or and Agreed Value: (2) Immediately after the time of di- (1) Within 12 months of the effective rect physical loss or damage for date of this Optional Coverage, Extra Expense Coverage, or caused by or resulting from any Cov- (2) When you request a change in ered Cause of Loss at the described your Business Income Limit of premises; and Insurance. b. Ends on the earlier of: d. If the Business Income Limit of Insur- (1) The date when the property at ance is less than the Agreed Value, the described premises should we will not pay more of any loss than be repaired, rebuilt or replaced the amount of loss multiplied by: with reasonable speed and simi- (1) The Business Income Limit Of In- lar quality, or surance, divided by (2) The date when business is re- (2) The Agreed Value. sumed at a new permanent loca- Example: tion. When: The Limit of Insurance is $ 100,000 'Period of restoration" does not include The Agreed Value is $ 200,000 any increased period required due to the The amount of loss is $ 80,000 enforcement of or compliance with any Step 11 $100,000 + $200,000 = .50 ordinance or law that: Step 11 .50 x $80,000 = $40,000 (1) Regulates the construction, use or repair, or requires the tearing We will pay $40,000. The remaining $40,000 is not down of any property, or covered. (2) Requires any insured or others 4. Extended Period Of Indemnity to test for, monitor, clean up, re- Under Paragraph A.S.c., Extended Busi- move, contain, treat, detoxify or ness Income, the number 60 in neutralize, or in any way re- Subparagraphs (1)(b) and (2)(b) is re- spond to, or assess the effects of placed by the number shown in the Dec- "pollutants". larations for this Optional Coverage- The expiration date of this policy will not F. Definitions cut short the "period of restoration". 1. "Finished stock" means stock you have 4. "Pollutants" means any solid, liquid, gas- manufactured. eous or thermal irritant or contaminant, "Finished stock" also includes whiskey including smoke, vapor, soot, fumes, and alcoholic products being aged, un- acids, alkalis, chemicals and waste. less there is a Coinsurance percentage Waste includes materials to be recycled, shown for Business Income in the Dec- reconditioned or reclaimed. larations. 5. 'Rental Value" means Business Income "Finished stock" does not include stock that consists of. you have manufactured that is held for a. Net Income (Net Profit or Loss before sale on the premises of any retail outlet income taxes) that would have been insured under this Coverage Part. earned or incurred as rental income 2. "Operations" means: from tenant occupancy of the prem- a. Your business activities occurring at ises described in the Declarations as the described premises, and furnished and equipped by you, in- b. The tenantability of the described cluding fair rental value of any por- premises, if coverage for Business tion of the described premises which Income Including "Rental Value" or is occupied by you; and "Rental Value" applies. CP 00 30 10 12 © Insurance Services Office, Inc., 2011 Page 9 of 10 b. Continuing normal operating ex- 6. "Suspension" means: penses incurred in connection with a. The slowdown or cessation of your that premises, including: business activities; or (1) Payroll, and b. That a part or all of the described (2) The amount of charges which premises is rendered untenantable, if are the legal obligation of the coverage for Business Income In- tenant(s) but would otherwise be cluding 'Rental Value" or 'Rental your obligations. Value" applies. Page 10 of 10 © Insurance Services Office, Inc., 2011 CP 00 30 10 12 COMMERCIAL PROPERTY COMMERCIAL PROPERTY CONDITIONS This Coverage Part is subject to the following conditions, the Common Policy Conditions and applicable Loss Conditions and Additional Conditions in Commercial Property Coverage Forms. A. CONCEALMENT, MISREPRESENTATION OR E. LIBERALIZATION FRAUD If we adopt any revision that would broaden This Coverage Part is void in any case of the coverage under this Coverage Part with- fraud by you as it relates to this Coverage Part out additional premium within 45 days prior at any time. It is also void if you or any other to or during the policy period, the broadened insured, at any time, intentionally conceal or coverage will immediately apply to this Cov- misrepresent a material fact concerning. erage Part. 1. This Coverage Part, F. NO BENEFIT TO BAILEE 2. The Covered Property; No person or organization, other than you, 3. Your interest in the Covered Property, or having custody of Covered Property will benefit from this insurance. 4. A claim under this Coverage Part. G. OTHER INSURANCE B. CONTROL OF PROPERTY 1. You may have other insurance subject to Any act or neglect of any person other than the same plan, terms, conditions and pro- you beyond your direction or control will not visions as the insurance under this Cov- affect this insurance, erage Part. If you do, we will pay our The breach of any condition of this Coverage share of the covered loss or damage. Our Part at any one or more locations will not af- share is the proportion that the applica- fect coverage at any location where, at the ble Limit of Insurance under this Cover- time of loss or damage, the breach of con- age Part bears to the Limits of Insurance dition does not exist. of all insurance covering on the same ba- sis. C. INSURANCE UNDER TWO OR MORE COVER- AGES 2. If there is other insurance covering the same loss or damage, other than that de- If two or more of this policy's coverages ap- scribed in 1. above, we will pay only for ply to the same loss or damage, we will not the amount of covered loss or damage in pay more than the actual amount of the loss excess of the amount due from that other or damage. insurance, whether you can collect on it D. LEGAL ACTION AGAINST US or not. But we will not pay more than the applicable Limit of Insurance. No one may bring a legal action against us H. POLICY PERIOD,COVERAGE TERRITORY under this Coverage Part unless: 1. There has been full compliance with all of Under this Coverage Part: the terms of this Coverage Part; and 1. We cover loss or damage commencing: 2. The action is brought within 2 years after a. During the policy period shown in the date on which the direct physical loss the Declarations; and or damage occurred. b. Within the coverage territory. CP 00 90 07 88 Copyright, ISO Commercial Risk Services, Inc,,, 1983, 1987 Page 1 of 2 2. The coverage territory is: cure our rights and must do nothing after loss a. The United States of America (in- to impair them. But you may waive your cluding its territories and posses- rights against another party in writing: sions); 1. Prior to a loss to your Covered Property b. Puerto Rico, and or Covered Income. c. Canada. 2. After a loss to your Covered Property or Covered Income only if, at time of loss, I. TRANSFER OF RIGHTS OF RECOVERY that party is one of the following: AGAINST OTHERS TO US a. Someone insured by this insurance, If any person or organization to or for whom b. A business firm: we make payment under this Coverage Part (1) Owned or controlled by you; or o has rights to recover damages from another, those rights are transferred to us to the extent (2) That owns or controls you; or of our payment. That person or organization c. Your tenant. must do everything necessary to se- This will not restrict your insurance, CP 00 90 07 88 Copyright, ISO Commercial Risk Services, Inc., 1983, 1987 Page 2 of 2 COMMERCIAL PROPERTY CP 01 26 10 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART A. The following is added: (3) Nothing if others pay for repairs or Vehicles replacement. The word "vehicles" as used in this Coverage E. The Mortgageholders Additional Condition is Part means vehicles running on land or replaced by the following: tracks, but not aircraft. Insurance Commissioner's Regulation No. B. In the Appraisal Condition, the following 3351WAC-284-21-010 requires that Form 372 statement does not apply: If there is an ap- (Ed. 11-50) or Form 43B BFU (Ed. 5-42) be en- praisal, we will still retain our right to deny a dorsed on this policy to replace the claim. Mortgageholders Additional Condition. C. Loss Condition - Duties In The Event Of Loss F. Subparagraph e. of the Replacement Cost Or Damage Optional Coverage is replaced by the follow- The duty to notify the police if a law may have ing been broken does not apply. e. We will not pay more for loss or damage D. Subparagraph e. of the Valuation Loss Con- on a replacement cost basis than the dition in the Building And Personal Property least of(1), (2) or (3), subject to f. below: Coverage Form is replaced by the following: (1) The Limit of Insurance applicable to e. We will determine the value of Tenant's the lost or damaged property, Improvements and Betterments in the (2) The amount it would cost to replace event of loss or damage at. the damaged item at the time of the (1) Actual cash value of the lost or loss with new property of similar damaged property if you make re- kind and quality to be used for the pairs within a reasonable time after same purpose, or loss. (3) The amount actually spent in repair- (2) A proportion of your original cost if ing the damage, or replacing the you do not make repairs within area- damaged property with new proper- sonable time after loss. We will de- ty of similar kind and quality. termine the proportionate value as If a building is rebuilt at a new premises, follows: the cost described in e.(2) above is limit- (a) Multiply the original cost by the ed to the cost which would have been in- number of days from the loss or curred if the building had been rebuilt at damage to the expiration of the the original premises. lease, and G. Paragraph A.11., Volcanic Action, of the (b) Divide the amount determined in Causes Of Loss - Basic Form and the Causes (a) above by the number of days Of Loss - Broad Form, from the installation of improve- The term Volcanic Action in Paragraph ments to the expiration of the B.1.b.(5) and Paragraph F. of the Causes Of lease. Loss - Special Form, and If your lease contains a renewal option, the expiration of the re- newal option period will replace the expiration of the lease in this procedure. CP 01 26 10 12 © Insurance Services Office, Inc., 2013 Page 1 of 3 The term Volcanic Action in Paragraphs The "period of restoration" arising A.2.c.(9), B.1.b.(5) and GA. of the from the need for removal is the time Mortgageholders Errors And Omissions Cov- necessary to remove the matter de- erage Form are replaced by the following: scribed with reasonable speed from Volcanic Action the Covered Property. 1. Volcanic Action means direct loss or 3. Volcanic Action does not include loss damage resulting from the eruption caused by, resulting from, contribut- of a volcano when the loss or dam- ed to or aggravated by: age is caused by: a. Fire; a. Volcanic blast or airborne shock b. Explosion, waves; or c. Flood, surface water, waves (in- b. Ash, dust or particulate matter. cluding tidal wave and tsunami), This endorsement does not provide tides, tidal waves, overflow of coverage for damage to: any body of water, or spray from (1) Land; any of these, all whether or not driven by wind (including storm (2) Property in the open or in surge); or open sheds; or d. Earth movement, including but (3) Portions of buildings not not limited to earthquake, vol- completely enclosed, or per- canic eruption, landslide, mine sonal property contained subsidence, lava flow, mud flow, within those buildings, earth sinking, earth rising or With respect to coverage for Vol- shifting. canic Action as set forth in 1.a. H. Exclusion 2.d. of the Causes Of Loss -Special and 1.11b., all volcanic eruptions Form is replaced by the following: that occur within any 168-hour period will constitute a single oc- d. (1) Wear and tear; currence. (2) Rust, corrosion, fungus, de- l. Removal cay, deterioration, hidden or latent defect or any quality Direct loss includes the cost to: in property that causes it to a. Remove the ash, dust or damage or destroy itself; particulate matter from the inte- (3) Smog, rior and exterior surfaces of the covered building, and (4) Settling, cracking, shrinking or expansion; b. Clean equipment and "stock". If "stock" cannot be returned to its (5) Nesting or infestation, or state before the volcanic erup- discharge or release of tion, the measure of loss will be waste products or secre- the reduction in actual cash val- tions, by insects, birds, ro- ue. dents or other animals; Payment for removal applies only to (6) Mechanical breakdown, in- the initial deposit of ash, dust or in- cluding rupture or bursting caused particulate matter following a vol- by centrifugal force. canic eruption. Subsequent deposits But if mechanical break- canic results arising from the movement of vol- in elevator col- canic dust or ash by wind or other lision, we will pay for the loss le damage caused by means are not covered. that elevator collision; The following provision applies only to: (7) The following causes of loss (1) Business Income (And Extra to personal property, Expense) Coverage Form, (a) Dampness or dryness of atmosphere; (2) Business Income (Without (b) Changes in or extremes Extra Expense) Coverage Form; and of temperature, or (3) Extra Expense Coverage (c) Marring or scratching. Form: Page 2 of 3 © Insurance Services Office, Inc., 2013 CP 01 26 10 12 But if an excluded cause of loss that is 3. In the Mortgageholders Errors And Omis- listed in 2.d.(1) through (7) results in a sions Coverage, Form, the Legal Action "specified cause of loss", building glass Against Us Condition applicable to Cov- breakage or collapse, as provided in the erages A and B is replaced by the follow- Additional Coverage, Collapse, we will ing: pay for the loss or damage caused by that No one may bring a legal action against "specified cause of loss", building glass us under Coverages A and B unless: breakage or collapse. a. There has been full compliance with I. Legal Action Against Us all of the terms of Coverages A and 1. Paragraphs 2. and 3. do not apply to the B; and Legal Liability Coverage Form or to Cov- b. The action is brought within two erages C and D under the years after you discover the error or Mortgageholders Errors And Omission accidental omission. Coverage Form. If this action is brought pursuant to Sec. 3 2. The Legal Action Against Us Condition in of RCW 48.30 then 20 days prior to fling the Commercial Property Conditions is such an action, you are required to pro- replaced by the following, vide written notice of the basis for the Legal Action Against Us cause of action to us and the Office of the No one may bring a legal action against Insurance Commissioner. Such notice us under this Coverage Part unless: may be sent by regular mail, registered a. There has been full compliance with mail, or certified mail with return receipt all of the terms of this Coverage Part, requested. and b. The action is brought within two years after the date on which the di- rect physical loss or damage oc- curred. 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. CP 01 26 10 12 © Insurance Services Office, Inc., 2013 Page 3 of 3 COMMERCIAL PROPERTY CP 01 40 07 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA This endorsement modifies insurance provided under the following; COMMERCIAL PROPERTYCOVEAGE PART STANDARD PROPERTYPOLICY A. The exclusion set forth in Paragraph B. ap- D. The following provisions in this Coverage plies to all coverage under all forms and en- Part or Policy are hereby amended to remove dorsements that comprise this Coverage Part reference to bacteria: or Policy, including but not limited to forms 1. Exclusion of "Fungus', Wet Rot, Dry Rot or endorsements that cover property damage And Bacteria; and o to buildings or personal property and forms 2. Additional Coverage - Limited Coverage or endorsements that cover business income, for "Fungus", Wet Rot, Dry Rot And Bac- extra expense or action of civil authority. teria, including any endorsement increas- B. We will not pay for loss or damage caused by ing the scope or amount of coverage. or resulting from any virus, bacterium or oth- E. The terms of the exclusion in Paragraph B., or e er microorganism that induces or is capable the inapplicability of this exclusion to a par- of inducing physical distress, illness or dis- ticular loss, do not serve to create coverage ease. for any loss that would otherwise be excluded However, this exclusion does not apply to under this Coverage Part or Policy. loss or damage caused by or resulting from "fungus", wet rot or dry rot. Such loss or damage is addressed in a separate exclusion in this Coverage Part or Policy. C. With respect to any loss or damage subject to the exclusion in Paragraph B., such exclusion supersedes any exclusion relating to "pollu- tants'. CP 01 40 07 06 ©ISO Properties, Inc., 2006 Page 1 of 1 COMMERCIAL PROPERTY CP 01 60 12 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES - DOMESTIC ABUSE This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTYCOVERAGE PART STANDARD PROPERTYPOLICY A. The following exclusion and related provi- B. The following is added to the TRANSFER OF sions are added to Paragraph B.2. EXCLU- RIGHTS OF RECOVERY AGAINST OTHERS SIONS in the Causes of Loss Forms and to TO US Commercial Property Condition: any Coverage Form or policy to which a If we pay an insured, who is a victim of "do- Causes of Loss Form is not attached: mestic abuse", for a loss caused by an act of 1. We will not pay for loss or damage aris- "domestic abuse", the rights of that insured ing out of any act committed: to recover damages form the perpetrator of a. By or at the direction of any insured; the abuse are transferred to us to the extent and of our payment. That insured may not waive b. With the intent to cause a loss. such rights to recover against the perpetra- 2. However, this exclusion or the Conceal- for of the "domestic abuse". ment, Misrepresentation or Fraud Con- C. As used in this endorsement, "domestic dition will not apply to deny an insured's abuse" means: claim for an otherwise covered property 1. Physical harm, bodily injury, assault or loss if such loss is caused by an act of the infliction of fear of imminent phys- "domestic abuse" by another insured ical harm, bodily injury or assault be- under the policy, and the insured mak- tween family or household members, ing claim: 2. Sexual assault of one family or house- a. files a police report and cooperates hold member by another, with any law enforcement investiga- 3. Stalking, as defined in RCW 9A.46.110 of tion relating to the act of "domestic one family or household member by an- abuse"; and other family or household member; or b. did not cooperate in or contribute to 4. Intentionally, knowingly or recklessly the creation of the loss. causing damage to property so as to in- 3. If we pay a claim pursuant to Paragraph timidate or attempt to control the behav- es A.2., our payment to the insured is limit- for of another family or household mem- ed to that insured's insurable interest in ber. the property less any payments we first made to a mortgagee or other party with a legal secured interest in the property. In no event will we pay more than the Limit of Insurance. CP 01 60 12 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 COMMERCIAL PROPERTY CP 01 79 10 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES - EXCLUDED CAUSES OF LOSS This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART o STANDARD PROPERTYPOLICY A. In each of the following Forms: 4. Water under the ground surface pressing 1. Causes Of Loss - Basic Form on, or flowing or seeping through. 2. Causes Of Loss - Broad Form a. Foundations, walls, floors or paved 3. Causes Of Loss -Special Form surfaces, 4. Mortgageholders Errors And Omissions b. Basements, whether paved or not; or Coverage Form c. Doors, windows or other openings, 5. Standard Property Policy or in the sections titled Covered Causes Of Loss 5. Waterborne material carried or otherwise in or Exclusions, any introductory paragraph moved by any of the water referred to preceding an exclusion or list of exclusions is Paragraph 1., 3. or or material carried replaced by the following paragraph, which or otherwise moveedd by mudslide or m pertains to application of those exclusions. udflow. p We will not pay for loss or damage caused by This exclusion applies if any of the above, in any of the excluded events described below. Paragraphs 1. through 5.: Loss or damage will be considered to have (a) Occurs independently, been caused by an excluded event if the oc- (b) Is caused by an act of nature; currence of that event: (c) Is caused by an act or omission of a. Directly and solely results in loss or humans or animals; or damage, or (d) Is attributable to the failure, in whole or b. Initiates a sequence of events that re- in part, of a dam, levee, seawall or other sults in loss or damage, regardless of boundary or containment system. the nature of any intermediate or fi- But if any of the above, in Paragraphs 1. nal event in that sequence through S., results in fire, explosion or sprin- B. The following exclusion replaces the Water kler leakage, we will pay for the loss or dam- Exclusion in this Coverage Part or Policy: age caused by that fire, explosion or sprinkler Water leakage (if sprinkler leakage is a Covered 1. Flood, surface water, waves (including ti- Cause of Loss). dal wave and tsunami), tides, tidal water, C. The Weather Conditions exclusions (Para- overflow of any body of water, or spray graph B.3.a. in the Causes Of Loss - Special from any of these, all whether or not Form; Paragraph B.3.b. in the driven by wind (including storm surge); Mortgageholders Errors And Omissions Cov- erage Form) are deleted and the introductory paragraph preceding such exclusions no 3. Water that backs up or overflows or is longer applies to them. The following exclu- otherwise discharged from a sewer, sion replaces the aforementioned exclusions: drain, sump, sump pump or related Weather Conditions equipment; We will not pay for loss or damage caused by or resulting from any of the following: 1. A weather condition which results in. a. Landslide, mudslide or mudflow; CP 01 79 10 12 © Insurance Services Office, Inc., 2013 Page 1 of 2 b. Mine subsidence, earth sinking, ris- 3. Mine subsidence, meaning subsidence of ing or shifting (other than sinkhole a man-made mine, whether or not mining collapse), activity has ceased, c. Water, as described in Paragraphs 4. Earth sinking (other than sinkhole col- B.1. through B.S. of this endorse- lapse), rising or shifting including soil ment; conditions which cause settling, cracking But if loss or damage by fire, explosion or or other disarrangement of foundations sprinkler leakage results, we will pay for or other parts of realty. Soil conditions the loss or damage caused by that fire, include contraction, expansion, freezing, explosion or sprinkler leakage (if sprin- thawing, erosion, improperly compacted kler leakage is a Covered Cause of Loss). soil and the action of water under the 2. A weather condition which results in the ground surface. failure of power, communication, water But if Earth Movement, as described in Para- or other utility service supplied to the de- graphs 1. through 4. above, results in fire or scribed premises, if the failure: explosion, we will pay for the loss or damage a. Originates away from the described caused by that fire or explosion. premises, or 5. Volcanic eruption, explosion or effusion. b. Originates at the described premises, But if volcanic eruption, explosion or ef- but only if such failure involves fusion results in fire, building glass equipment used to supply the utility breakage or Volcanic Action, we will pay service to the described premises for the loss or damage caused by that from a source away from the de- fire, building glass breakage or Volcanic scribed premises. Action. But if loss or damage by a Covered Cause Volcanic Action has the meaning stated of Lass results, we will pay for that result- in Washington Changes Endorsements ing loss or damage. CP 01 26 and CP 01 98. D. The following exclusion replaces the Earth This exclusion applies if any of the above, in Movement Exclusion in this Coverage Part or Paragraphs 1. through 5.: Policy: a. Occurs independently, Earth Movement b. Is caused by an act of nature; or 1. Earthquake, including tremors and c. Is caused by an act or omission of aftershocks and any earth sinking, rising humans or animals. or shifting related to such event; 2. Landslide, including any earth sinking, rising or shifting related to such event, Page 2 of 2 © Insurance Services Office, Inc„ 2013 CP 01 79 10 12 COMMERCIAL PROPERTY CP 10 30 10 12 CAUSES OF LOSS - SPECIAL FORM Words and phrases that appear in quotation marks have special meaning. Refer to Section G. Definitions, A. Covered Causes Of Loss (4) Earth sinking (other than When Special is shown in the Declarations, sinkhole collapse), rising or Covered Causes of Loss means direct phys- shifting including soil condi- ical loss unless the loss is excluded or limit- tions which cause settling, o ed in this policy. cracking or other disarrange- = B. Exclusions ment of foundations or other parts of realty. Soil conditions 1. We will not pay for loss or damage include contraction, expansion, caused directly or indirectly by any of freezing, thawing, erosion, im- the following. Such loss or damage is properly compacted soil and excluded regardless of any other cause the action of water under the or event that contributes concurrently or ground surface. in any sequence to the loss. But if Earth Movement, as described a. Ordinance Or Law n b.(1) through (4) above, results in The enforcement of or compliance fire or explosion, we will pay for the with any ordinance or law: loss or damage caused by that fire (1) Regulating the construction, or explosion. use or repair of any property, or (5) Volcanic eruption, explosion or (2) Requiring the tearing down of effusion. But if volcanic erup- any property, including the cost tion, explosion or effusion re- of removing its debris. suits in fire, building glass This exclusion, Ordinance Or Law, breakage or Volcanic Action, we applies whether the loss results will pay for the loss or damage from: caused by that fire, building glass breakage or Volcanic Ac- (a) An ordinance or law that is tion. enforced even if the prop- Volcanic Action means direct erty has not been damaged; or loss or damage resulting from the eruption of a volcano when (b) The increased costs in- the loss or damage is caused curred to comply with an by ordinance or law in the course of construction, re- (a) Airborne volcanic blast or pair, renovation, remodel- airborne shock waves; ing or demolition of prop- (b) Ash, dust or particulate erty, or removal of its matter, or debris, following a physical (c) Lava flow. loss to that property. Wth respect to coverage for b. Earth Movement Volcanic Action as set forth in (1) Earthquake, including tremors (5)(a), (5)(b) and (5)(c), all vol- and aftershocks and any earth canic eruptions that occur with- sinking, rising or shifting relat- in any 168-hour period will con- ed to such event, stitute a single occurrence. (2) Landslide, including any earth Volcanic Action does not sinking, rising or shifting relat- include the cost to remove ash, ed to such event; dust or particulate matter that (3) Mine subsidence, meaning sub- does not cause direct physical sidence of a man-made mine, loss or damage to the described whether or not mining activity property. has ceased, CP 10 30 10 12 © Insurance Services Office, Inc., 2011 Page 1 of 11 This exclusion applies regardless of Communication services include whether any of the above, in Para- but are not limited to service relat- graphs (1) through (5), is caused by ing to Internet access or access to an act of nature or is otherwise any electronic, cellular or satellite caused. network, c. Governmental Action f. War And Military Action Seizure or destruction of property (1) War, including undeclared or by order of governmental authority. civil war, But we will pay for loss or damage (2) Warlike action by a military caused by or resulting from acts of force, including action in hin- destruction ordered by governmen- dering or defending against an tal authority and taken at the time of actual or expected attack, by a fire to prevent its spread, if the fire any government, sovereign or would be covered under this Cover- other authority using military age Part. personnel or other agents; or d. Nuclear Hazard (3) Insurrection, rebellion, revolu- Nuclear reaction or radiation, or ra- tion, usurped power, or action dioactive contamination, however taken by governmental author- caused. ity in hindering or defending But if nuclear reaction or radiation, against any of these. or radioactive contamination, re- g• Water sults in fire, we will pay for the loss (1) Flood, surface water, waves (in- or damage caused by that fire. cluding tidal wave and e. Utility Services tsunami), tides, tidal water, The failure of power, communica- overflow of any body of water, tion, water or other utility service or spray from any of these, all supplied to the described premises, whether or not driven by wind however caused, if the failure' (including storm surge); (1) Originates away from the de- (2) Mudslide or mudflow; scribed premises; or (3) Water that backs up or over- (2) Originates at the described flows or is otherwise dis- premises, but only if such fail- charged from a sewer, drain, ure involves equipment used to sump, sump pump or related supply the utility service to the equipment, described premises from a (4) Water under the ground surface source away from the described pressing on, or flowing or seep- premises. ing through: Failure of any utility service includes (a) Foundations, walls, floors lack of sufficient capacity and reduc- or paved surfaces; tion in supply. (b) Basements, whether paved Loss or damage caused by a surge or not; or of power is also excluded, if the (c) Doors, windows or other surge would not have occurred but openings; or for an event causing a failure of (5) Waterborne material carried or power. otherwise moved by any of the But if the failure or surge of power, water referred to in Paragraph or the failure of communication, wa- (1), (3) or (4), or material carried ter or other utility service, results in or otherwise moved by a Covered Cause of Loss, we will mudslide or mudflow. pay for the loss or damage caused by that Covered Cause of Loss. Page 2 of 11 © Insurance Services Office, Inc., 2011 CP 10 30 10 12 This exclusion applies regardless of (2) Device, appliance, system or whether any of the above, in Para- network utilizing cellular or sat- graphs (1) through (5), is caused by ellite technology. an act of nature or is otherwise For the purpose of this exclusion, caused. An example of a situation to electrical, magnetic or electromag- which this exclusion applies is the netic energy includes but is not situation where a dam, levee, limited to: seawall or other boundary or con- tainment system fails in whole or in (a) Electrical current, including part, for any reason, to contain the arcing; water. (b) Electrical charge produced But if any of the above, in Para- or conducted by a magnetic o graphs (1) through (5), results in or electromagnetic field, fire, explosion or sprinkler leakage, (c) Pulse of electromagnetic we will pay for the loss or damage energy; or caused by that fire, explosion or (d) Electromagnetic waves or sprinkler leakage (if sprinkler leak- microwaves. age is a Covered Cause of Loss). But if fire results, we will pay for the h. "Fungus", Wet Rot, Dry Rot And loss or damage caused by that fire. Bacteria b. Delay, loss of use or loss of market. Presence, growth, proliferation, c. Smoke, vapor or gas from agricul- spread or any activity of "fungus", tural smudging or industrial oper- wet or dry rot or bacteria. ations, But if "fungus", wet or dry rot or d. (1) Wear and tear; bacteria result in a "specified cause of loss", we will pay for the loss or (2) Rust or other corrosion, decay, damage caused by that "specified deterioration, hidden or latent cause of loss". defect or any quality in property that causes it to damage or de- This exclusion does not apply: stroy itself, (1) When "fungus", wet or dry rot (3) Smog; or bacteria result from fire or lightning, or (4) Settling, cracking, shrinking or expansion; (2) To the extent that coverage is provided in the Additional Cov- (5) Nesting or infestation, or dis- erage, Limited Coverage For charge or release of waste pro- ducts or secretions, by insects, "Fungus", Wet Rot, Dry Rot And o r Bacteria, with respect to loss or birds, rodents or other animals. damage by a cause of loss other (6) Mechanical breakdown, includ- than fire or lightning. ing rupture or bursting caused Exclusions B.1.a. through B.1.h. apply by centrifugal force. But if me- whether or not the loss event results in chanical breakdown results in widespread damage or affects a sub- elevator collision, we will pay stantial area. for the loss or damage caused by that elevator collision. 2. We will not pay for loss or damage (7) The following causes of loss to caused by or resulting from any of the personal property: following: a. Artificially generated electrical, (a) Dampness or dryness of at- magnetic or electromagnetic energy mosphere; that damages, disturbs, disrupts or (b) Changes in or extremes of otherwise interferes with any: temperature, or (1) Electrical or electronic wire, de- (c) Marring or scratching. vice, appliance, system or net- work, or CP 10 30 10 12 © Insurance Services Office, Inc., 2011 Page 3 of 11 But if an excluded cause of loss that This exclusion: is listed in 2.d.(1) through (7) results (1) Applies whether or not an act in a "specified cause of loss" or occurs during your normal building glass breakage, we will pay hours of operation; for the loss or damage caused by (2) Does not apply to acts of de- that "specified cause of loss" or building glass breakage. (including by your employees (including temporary employ- e. Explosion of steam boilers, steam ees and leased workers) or au- pipes, steam engines or steam thorized representatives; but turbines owned or leased by you, or theft by your employees (in- operated under your control. But if cluding temporary employees explosion of steam boilers, steam and leased workers) or autho- pipes, steam engines or steam rized representatives is not cov- turbines results in fire or combus- ered. tion explosion, we will pay for the loss or damage caused by that fire i. Voluntary parting with any property by you or combustion explosion. We will anyone else to whom you also pay for loss or damage caused have entrusted the property if in- by or resulting from the explosion of chduced to so by any fraudulent s gases or fuel within the furnace of scheme, trick, device or false pre- any fired vessel or within the flues tense. or passages through which the gas- j. Rain, snow, ice or sleet to personal es of combustion pass. property in the open. f. Continuous or repeated seepage or k. Collapse, including any of the fol- leakage of water, or the presence or lowing conditions of property or any condensation of humidity, moisture part of the property: or vapor, that occurs over a period (1) An abrupt falling down or cav- of 14 days or more. ing in, g. Water, other liquids, powder or mol- (2) Loss of structural integrity, in- ten material that leaks or flows from cluding separation of parts of plumbing, heating, air conditioning the property or property in dan- or other equipment (except fire pro- ger of falling down or caving in, tective systems) caused by or result- or ing from freezing, unless: (3) Any cracking, bulging, sagging, (1) You do your best to maintain bending, leaning, settling, heat in the building or struc- shrinkage or expansion as such ture; or condition relates to (1) or (2) (2) You drain the equipment and above. shut off the supply if the heat is But if collapse results in a Covered not maintained. Cause of Loss at the described h. Dishonest or criminal act (including premises, we will pay for the loss or theft) by you, any of your partners, damage caused by that Covered members, officers, managers, em- Cause of Loss. ployees (including temporary em- This exclusion, k., does not apply: ployees and leased workers), direc- (a) To the extent that coverage tors, trustees or authorized is provided under the Addi- representatives, whether acting tional Coverage, Collapse, alone or in collusion with each other or or with any other party, or theft by any person to whom you entrust the (b) To collapse caused by one property for any purpose, whether or more of the following: acting alone or in collusion with any (i) The "specified causes other party. of loss" (ii) Breakage of building glass, Page 4 of 11 © Insurance Services Office, Inc., 2011 CP 10 30 10 12 (iii) Weight of rain that col- (4) Maintenance, lects on a roof; or of part or all of any property on or (iv) Weight of people or off the described premises. personal property. 4. Special Exclusions I. Discharge, dispersal, seepage, mi- The following provisions apply only to gration, release or escape of "pollu- the specified Coverage Forms: tants" unless the discharge, Ex- dispersal, seepage, migration, re- a. Business Income (And Extra Ex- lease or escape is itself caused by pense) Coverage Form, Business In- any of the "specified causes of come (Without Extra Expense) Cov- loss". But if the discharge, erage Form, Or Extra Expense dispersal, seepage, migration, re- Coverage Form lease or escape of "pollutants" re- We will not pay for: sults in a "specified cause of loss", (1) Any loss caused by or resulting we will pay for the loss or damage from: caused by that "specified cause of (a) Damage or destruction of loss "finished stock'; or This exclusion, I., does not apply to (b) The time required to repro- damage to glass caused by chemi- duce "finished stock". cals applied to the glass. This exclusion does not apply m. Neglect of an insured to use all rea- to Extra Expense. e sonable means to save and preserve (2) Any loss caused by or resulting property from further damage at and after the time of loss. from direct physical loss or damage to radio or television 3. We will not pay for loss or damage antennas (including satellite caused by or resulting from any of the dishes) and their lead-in wiring, following, 3.a. through 3.c. But if an ex- masts or towers. cluded cause of loss that is listed in 3.a. (3) Any increase of loss caused by through 3.c. results in a Covered Cause of Loss, we will pay for the loss or dam- or resulting from: age caused by that Covered Cause of (a) Delay in rebuilding, repair- Loss ing or replacing the proper- a. Weather conditions. But this exclu- ty or resuming ..oper- sion only applies if weather condi- ations", due to interference tions contribute in any way with a at the location of the re- cause or event excluded in Para- building, repair or replace- graph 1. above to produce the loss ment by strikers or other or damage. persons, or b. Acts or decisions, including the fail- (b) Suspension, lapse or can- ure to act or decide, of any person, cellation of any license, group, organization or governmen- lease or contract. But if the suspension,body. suspension, lapse or can- cellation is directly caused c. Faulty, inadequate or defective: by the "suspension" of (1) Planning, zoning, development, "operations", we will cover surveying, siting, such loss that affects your (2) Design, specifications, work- Business Income during the manship, repair, construction, .'period of restoration" and renovation, remodeling, grad- any extension of the "peri- ing, compaction; od of restoration" in accor- (3) Materials used in repair, con- dance with the terms of the struction, renovation or remod- Extended Business Income eling, or Additional Coverage and the Extended Period Of In- demnity Optional Coverage or any variation of these, CP 10 30 10 12 © Insurance Services Office, Inc., 2011 Page 5 of 11 (4) Any Extra Expense caused by or (ii) The building is Cov- resulting from suspension, ered Property under lapse or cancellation of any li- this Coverage Form. cense, lease or contract beyond (b) Nuclear Hazard the 'period of restoration". We will not defend any (5) Any other consequential loss, claim or "suit', or pay any b. Leasehold Interest Coverage Form damages, loss, expense or (1) Paragraph B.1.a., Ordinance Or obligation, resulting from Law, does not apply to insur- nuclear reaction or radi- ance under this Coverage Form. ation, or radioactive con- (2) We will not pay for any loss tamination, however caused by: caused, (a) Your cancelling the lease, 5. Additional Exclusion (b) The suspension, lapse or The following provisions apply only to cancellation of any license, the specified property: or Loss Or Damage To Products (c) Any other consequential We will not pay for loss or damage to loss. any merchandise, goods or other prod- c. Legal Liability Coverage Form uct caused by or resulting from error or omission by any person or entity (in- (1) The following exclusions do not cluding those having possession under apply to insurance under this an arrangement where work or a portion Coverage Form: of the work is outsourced) in any stage (a) Paragraph B.1.a. Ordinance of the development, production or use of Or Law, the product, including planning, testing, (b) Paragraph B.1.c. Govern- processing, packaging, installation, mental Action, maintenance or repair. This exclusion (c) Paragraph B.1.d. Nuclear applies to any effect that compromises Hazard; the form, substance or quality of the product. But if such error or omission re- (d) Paragraph B.1.e. Utility Ser- sults in a Covered Cause of Loss, we will vices, and pay for the loss or damage caused by (e) Paragraph B.1.f. War And that Covered Cause of Loss. Military Action. C. Limitations (2) The following additional exclu- The following limitations apply to all policy sions apply to insurance under forms and endorsements, unless otherwise this Coverage Form. stated' (a) Contractual Liability 1. We will not pay for loss of or damage to We will not defend any property, as described and limited in claim or "suit', or pay dam- this section. In addition, we will not pay ages that you are legally for any loss that is a consequence of loss liable to pay, solely by rea- or damage as described and limited in son of your assumption of this section. liability in a contract or a. Steam boilers, steam pipes, steam agreement, But this exclu- engines or steam turbines caused sion does not apply to a by or resulting from any condition written lease agreement in or event inside such equipment. But which you have assumed li- we will pay for loss of or damage to ability for building damage such equipment caused by or result- resulting from an actual or ing from an explosion of gases or attempted burglary or rob- fuel within the furnace of any fired bery, provided that: vessel or within the flues or pas- (i) Your assumption of li- sages through which the gases of ability was executed combustion pass. prior to the accident, and Page 6 of 11 © Insurance Services Office, Inc , 2011 CP 10 30 10 12 b. Hot water boilers or other water (4) Frost or hail, or heating equipment caused by or re- (5) Rain, snow, ice or sleet. sulting from any condition or event 2, We will not pay for loss of or damage to inside such boilers or equipment, other than an explosion. the following types of property unless caused by the "specified causes of loss" c. The interior of any building or struc- or building glass breakage: ture, or to personal property in the building or structure, caused by or a. Animals, and then only if they are resulting from rain, snow, sleet, ice, killed or their destruction is made sand or dust, whether driven by necessary. wind or not, unless: b. Fragile articles such as statuary, (1) The building or structure first marbles, chinaware and porcelains, sustains damage by a Covered if broken. This restriction does not Cause of Loss to its roof or apply to: walls through which the rain, (1) Glass, or snow, sleet, ice, sand or dust (2) Containers of property held for enters; or sale. (2) The loss or damage is caused c. Builders' machinery, tools and = by or results from thawing of equipment owned by you or entrust- snow, sleet or ice on the build- ed to you, provided such property is ing or structure. Covered Property d. Building materials and supplies not However, this limitation does not attached as part of the building or apply: structure, caused by or resulting (1) If the property is located on or from theft. within 100 feet of the described However, this limitation does not premises, unless the premises apply to: is insured under the Builders (1) Building materials and supplies Risk Coverage Form, or held for sale by you, unless they (2) To Business Income Coverage are insured under the Builders or to Extra Expense Coverage. Risk Coverage Form; or 3. The special limit shown for each cate- (2) Business Income Coverage or gory, a. through d., is the total limit for Extra Expense Coverage. loss of or damage to all property in that e. Property that is missing, where the category. The special limit applies to only evidence of the loss or damage any one occurrence of theft, regardless is a shortage disclosed on taking in- of the types or number of articles that ventory, or other instances where are lost or damaged in that occurrence. there is no physical evidence to The special limits are (unless a higher show what happened to the proper- limit is shown in the Declarations) ty a. $2,500 for furs, fur garments and f. Property that has been transferred garments trimmed with fur. to a person or to a place outside the b. $2,500 for jewelry, watches, watch described premises on the basis of movements, jewels, pearls, pre- unauthorized instructions. cious and semi-precious stones, g. Lawns, trees, shrubs or plants bullion, gold, silver, platinum and which are part of a vegetated roof, other precious alloys or metals. This caused by or resulting from: limit does not apply to jewelry and (1) Dampness or dryness of atmo- watches worth $100 or less per sphere or of soil supporting the item. vegetation, c. $2,500 for patterns, dies, molds and (2) Charges in or extremes of tem- forms, perature: d. $250 for stamps, tickets, including (3) Disease; lottery tickets held for sale, and let- ters of credit. CP 10 30 10 12 © Insurance Services Office, Inc., 2011 Page 7 of 11 These special limits are part of, not in d. Use of defective material or meth- addition to, the Limit of Insurance appli- ods in construction, remodeling or cable to the Covered Property. renovation if the abrupt collapse oc- This limitation, C.3., does not apply to curs after the construction, remodel- Business Income Coverage or to Extra ing or renovation is complete, but Expense Coverage. only if the collapse is caused in part 4. We will not pay the cost to repair any by defect to a system or appliance from (1) A cause of loss listed in 2.a. or which water, other liquid, powder or 2.b.; molten material escapes. But we will (2) One or more of the "specified pay the cost to repair or replace causes of loss", damaged parts of fire- extinguishing (3) Breakage of building glass; equipment if the damage: (4) Weight of people or personal a. Results in discharge of any sub- property, or stance from an automatic fire pro- tection system, or (5) Weight of rain that collects on a roof. b. Is directly caused by freezing. 3. This Additional Coverage - Collapse However, this limitation does not apply does not apply to: to Business Income Coverage or to Extra Expense Coverage. a. th building or any part a building that is in danger of falling down or D. Additional Coverage -Collapse caving in, The coverage provided under this Additional b. A part of a building that is standing, Coverage, Collapse, applies only to an even if it has separated from an- abrupt collapse as described and limited in other part of the building; or DA. through D.7. c. A building that is standing or any 1. For the purpose of this Additional Cov- part of a building that is standing, erage, Collapse, abrupt collapse means even if it shows evidence of crack- an abrupt falling down or caving in of a ing, bulging, sagging, bending, building or any part of a building with leaning, settling, shrinkage or ex- the result that the building or part of the pansion. building cannot be occupied for its in- 4. With respect to the following property: tended purpose. 2. We will pay for direct physical loss or a. Outdoor radio television anten- damage to Covered Property, caused by nos (including satellite tellite dishes) and their abrupt collapse of a building or any part lead-in wiring, masts or of a building that is insured under this towers; Coverage Form or that contains Covered b. Awnings, gutters and downspouts, Property insured under this Coverage c. Yard fixtures, Form, if such collapse is caused by one d. Outdoor swimming pools; or more of the following: e. Fences; a. Building decay that is hidden from view, unless the presence of such f. Piers, wharves and docks; decay is known to an insured prior g• Beach or diving platforms or appur- to collapse, tenances; b. Insect or vermin damage that is hid- h. Retaining walls, and den from view, unless the presence i. Walks, roadways and other paved of such damage is known to an in- surfaces, sured prior to collapse, if an abrupt collapse is caused by a c. Use of defective material or meth- cause of loss listed in 2.a. through 2.d., ods in construction, remodeling or we will pay for loss or damage to that renovation if the abrupt collapse oc- property only if: curs during the course of the con- (1) Such loss or damage is a direct struction, remodeling or renovation. result of the abrupt collapse of a building insured under this Cov- erage Form, and Page 8 of 11 © Insurance Services Office, Inc., 2011 CP 10 30 10 12 (2) The property is Covered Prop- This Additional Coverage does not apply erty under this Coverage Form, to lawns, trees, shrubs or plants which 5. If personal property abruptly falls down are part of a vegetated roof. or caves in and such collapse is not the 2. We will pay for loss or damage by "fun- result of abrupt collapse of a building, gus", wet or dry rot or bacteria. As used we will pay for loss or damage to Cov- in this Limited Coverage, the term lass ered Property caused by such collapse or damage means: of personal property only if: a. Direct physical loss or damage to a. The collapse of personal property Covered Property caused by "fun- was caused by a cause of loss listed gus", wet or dry rot or bacteria, in- in 2.a. through 2.d.; cluding the cost of removal of the b. The personal property which col- "fungus", wet or dry rot or bacteria; lapses is inside a building, and b. The cost to tear out and replace any c. The property which collapses is not part of the building or other prop- of a kind listed in 4., regardless of erty as needed to gain access to the whether that kind of property is con- "fungus", wet or dry rot or bacteria; sidered to be personal property or and real property. c. The cost of testing performed after The coverage stated in this Paragraph 5. removal, repair, replacement or res- does not apply to personal property if toration of the damaged property is marring and/or scratching is the only completed, provided there is a rea- damage to that personal property son to believe that "fungus", wet or caused by the collapse. dry rot or bacteria are present. 6. This Additional Coverage, Collapse, 3. The coverage described under E.2. of does not apply to personal property that this Limited Coverage is limited to has not abruptly fallen dawn or caved in, $15,000- Regardless of the number of even if the personal property shows evi- claims, this limit is the most we will pay dence of cracking, bulging, sagging, for the total of all loss or damage arising bending, leaning, settling, shrinkage or out of all occurrences of "specified expansion. causes of loss" (other than fire or light- 7. This Additional Coverage, Collapse, will ning) and Flood which take place in a not increase the Limits of Insurance pro- 12-month period (starting with the be- vided in this Coverage Part. ginning of the present annual policy pe- riod). With respect to a particular occur- 8. The term Covered Cause of Loss in- rence of loss which results in "fungus", cludes the Additional Coverage, Col- wet or dry rot or bacteria, we will not lapse, as described and limited in D.I. pay more than a total of $15,000 even if through D.7. the "fungus", wet or dry rot or bacteria E. Additional Coverage - Limited Coverage For continue to be present or active, or re- "Fungus", Wet Rot, Dry Rot And Bacteria cur, in a later policy period. 1. The coverage described in E.2. and E.6. 4. The coverage provided under this Limit- only applies when the "fungus", wet or ed Coverage does not increase the ap- dry rot or bacteria are the result of one plicable Limit of Insurance on any or more of the following causes that oc- Covered Property. If a particular occur- cur during the policy period and only if rence results in loss or damage by "fun- all reasonable means were used to save gus", wet or dry rot or bacteria, and oth- and preserve the property from further er loss or damage, we will not pay more, damage at the time of and after that oc- for the total of all loss or damage, than currence: the applicable Limit of Insurance on the a. A "specified cause of loss" other affected Covered Property. than fire or lightning, or b. Flood, if the Flood Coverage En- dorsement applies to the affected premises. CP 10 30 10 12 © Insurance Services Office, Inc., 2011 Page 9 of 11 If there is covered loss or damage to F, Additional Coverage Extensions Covered Property, not caused by "fun- 1. Property In Transit gus", wet or dry rot or bacteria, loss pay- This Extension applies only to your per- ment will not be limited by the terms of sonal property to which this form ap- this Limited Coverage, except to the ex- plies. tent that "fungus", wet or dry rot or bac- teria cause an increase in the loss. Any a. You may extend the insurance pro- such increase in the loss will be subject vided by this Coverage Part to apply to the terms of this Limited Coverage, to your personal property (other 5. The terms of this Limited Coverage do than property in the care, custody or not increase or reduce the coverage pro- control of your salespersons) in vided under Paragraph F.2. (Water Dam- transit more than 100 feet from the age, Other Liquids, Powder Or Molten described premises. Property must Material Damage) of this Causes Of Loss be in or on a motor vehicle you own, form or under the Additional Coverage, lease or operate while between Collapse. points in the coverage territory. 6. The following, 6.a. or 6.b., applies only if b. Loss or damage must be caused by Business Income and/or Extra Expense or result from one of the following Coverage applies to the described prem- causes of loss ises and only if the "suspension" of "op- (1) Fire, lightning, explosion, erations" satisfies all terms and condi- windstorm or hail, riot or civil tions of the applicable Business Income commotion, or vandalism. and/or Extra Expense Coverage Form: (2) Vehicle collision, upset or over- a. If the loss which resulted in "fun- turn. Collision means accidental gus", wet or dry rot or bacteria does contact of your vehicle with an- not in itself necessitate a "suspen- other vehicle or object. It does sion" of "operations", but such not mean your vehicle's contact "suspension" is necessary due to with the roadbed. loss or damage to property caused (3) Theft of an entire bale, case or by "fungus", wet or dry rot or bac- package by forced entry into a teria, then our payment under Busi- securely locked body or com- ness Income and/or Extra Expense partment of the vehicle. There is limited to the amount of loss must be visible marks of the and/or expense sustained in a peri- forced entry. od of not more than 30 days. The c. The most we will pay for loss or days need not be consecutive. damage under this Extension is It. If a covered "suspension" of "oper- $5,000. ations" was caused by loss or dam- This Coverage Extension is additional age other than "fungus", wet or dry insurance. The Additional Condition, Co- rot or bacteria but remediation of insurance, does not apply to this Exten- "fungus", wet or dry rot or bacteria sion prolongs the "period of restora- 2. Water Damage, Other Liquids, Powder tion", we will pay for loss and/or ex- pense sustained during the delay Or Molten Material Damage (regardless of when such a delay oc- If loss or damage caused by or resulting curs during the "period of restora- from covered water or other liquid, pow- tion"), but such coverage is limited der or molten material damage loss oc- to 30 days. The days need not be curs, we will also pay the cost to tear out consecutive. and replace any part of the building or structure to repair damage to the system or appliance from which the water or other substance escapes. This Coverage Extension does not increase the Limit of Insurance. Page 10 of 11 © Insurance Services Office, Inc., 2011 CP 10 30 10 12 3. Glass c. Water damage means. a. We will pay for expenses incurred to (1) Accidental discharge or leakage put up temporary plates or board up of water or steam as the direct openings if repair or replacement of result of the breaking apart or damaged glass is delayed. cracking of a plumbing, heating, b. We will pay for expenses incurred to air conditioning or other system remove or replace obstructions or appliance (other than a sump when repairing or replacing glass system including its related that is part of a building. This does equipment and parts), that is lo- o not include removing or replacing cated on the described prem- window displays. ises and contains water or This Coverage Extension F.3. does not steam, and increase the Limit of Insurance, (2) Accidental discharge or leakage G. Definitions of water or waterborne material 1. "Fungus" means an t e or form of as the direct result of the break- 1.„ g y YP ing apart or cracking of a water fungus, including mold or mildew, and or sewer pipe that is located off any mycotoxins, spores, scents or by- the described premises and is products produced or released by fungi. part of a municipal potable wa- 2. "Specified causes of loss" means the ter supply system or municipal following: fire, lightning, explosion, sanitary sewer system, if the windstorm or hail, smoke, aircraft or ve- breakage or cracking is caused hicles, riot or civil commotion, vandal- by wear and tear. ism, leakage from fire-extinguishing But water damage does not include equipment, sinkhole collapse, volcanic loss or damage otherwise excluded action, falling objects, weight of snow, under the terms of the Water Exclu- ice or sleet, water damage. sion. Therefore, for example, there " a. Sinkhole collapse means the sud- is no coverage under this policy in den sinking or collapse of land into the situation in which discharge or underground empty spaces created leakage of water results from the by the action of water on limestone breaking apart or cracking of a pipe or dolomite. This cause of loss does which was caused by or related to not include: weather-induced flooding, even if (1) The cost of filling sinkholes, or wear and tear contributed to the (2) Sinking or collapse of land into breakage or cracking. As another ex- man-made underground cav- ample, and also in accordance with ities. the terms of the Water Exclusion, there is no coverage for loss or Jam- b. Falling objects does not include loss age caused by or related to weather- or damage to: induced flooding which follows or is (1) Personal property in the open; exacerbated by pipe breakage or or cracking attributable to wear and (2) The interior of a building or tear. structure, or property inside a To the extent that accidental dis- building or structure, unless the charge or leakage of water falls roof or an outside wall of the within the criteria set forth in c.(1) or building or structure is first c.(2) of this definition of "specified damaged by a falling object. causes of loss," such water is not subject to the provisions of the Wa- ter Exclusion which preclude cover- age for surface water or water under the surface of the ground. CP 10 30 10 12 © Insurance Services Office, Inc., 2011 Page 11 of 11 POLICY NUMBER: COMMERCIAL PROPERTY CP 10 34 10 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF LOSS DUE TO BY-PRODUCTS OF PRODUCTION OR PROCESSING OPERATIONS (RENTAL PROPERTIES) This endorsement modifies insurance provided under the following: BUILDING AND PERSONAL PROPERTY COVERAGE FORM BUSINESS INCOME (AND EXTRA EXPENSE)COVERAGE FORM BUSINESS INCOME (WITHOUT EXTRA EXPENSE)COVERAGE FORM EXTRA EXPENSE COVERAGE FORM STANDARD PROPERTYPOLICY SCHEDULE Premises Number Building Number Description Of Rental Unit "All areas of the premises (including any covered buildings and structures) that are leased or rented to others, regard- less of the number of renters or lessees, or any subdivisions between areas." Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. The terms of this endorsement apply to the C. If the loss or damage described in Paragraph rental unit(s) described in the Schedule, and B. results in Business Income loss or Extra to the building(s) in which such unit(s) is lo- Expense, there is no coverage for such loss cated, including any contents of such unit(s) or expense under the business income and building(s), all of which constitute the and/or extra expense forms listed in this en- described premises for the purpose of this dorsement, or under any other business in- endorsement. terruption insurance if provided under this B. We will not pay for loss or damage to the policy. described premises, caused by or resulting D. The conduct of a tenant's production or pro- from smoke, vapor, gas or any substance re- cessing operations will not be considered to leased in the course of production oper- be vandalism of the rental premises regard- ations or processing operations performed less of whether such operations are: at the rental units) described in the Sched- ule. This exclusion applies regardless of whether such operations are: 2. Permitted or prohibited under the terms 1. Legally permitted or prohibited; of the lease, or 3. Usual to the intended occupancy of the 2. Permitted or prohibited under the terms premises. of the lease, or 3. Usual to the intended occupancy of the premises. This exclusion does not apply to loss or damage by fire or explosion that results from the release of a by-product of the production or processing operation. CP 10 34 10 12 © Insurance Services Office, Inc., 2011 Page 1 of 1 COMMERCIAL PROPERTY CP 88 04 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. REMOVAL PERMIT This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART If Covered Property is removed to a new location that is added by endorsement to the policy subsequent to its original issue, you may extend this insurance to include that Covered Property at each location during the removal. Coverage at each location will apply in the proportion that the value at each location bears to the e value of all Covered Property being removed. This permit applies up to 10 days after the effective date of the endorsement adding the new location, after that, this insurance does not apply at the previous location. 4 02010 Liberty Mutual Insurance Company.All rights reserved. CP 88 04 03 10 Includes copyrighted material of Insurance Services Office, Inc.,with its permission . Page 1 of 7 COMMERCIAL PROPERTY CP 88 44 02 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY„ EQUIPMENT BREAKDOWN COVERAGE ENDORSEMENT This endorsement modifies the insurance provided under the following: BUILDING AND PERSONAL PROPERTY COVERAGE FORM CONDOMINIUM ASSOCIATION COVERAGE FORM CONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORM CAUSES OF LOSS - BASIC FORM CAUSES OF LOSS - BROAD FORM CAUSES OF LOSS - SPECIAL FORM BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORM BUSINESS INCOME (WITHOUT EXTRA EXPENSE) COVERAGE FORM EXTRA EXPENSE COVERAGE FORM COMMON POLICY CONDITIONS A. The following is added as an Additional Coverage to the CAUSES OF LOSS - BASIC FORM, CAUSES OF LOSS -BROAD FORM, and CAUSES OF LOSS -SPECIAL FORM: Additional Coverage - Equipment Breakdown 1. We will pay for direct physical damage to Covered Property that is caused by an "accident' to "covered equipment". 2. The most we will pay for loss, damage or expense under this endorsement arising from any 'one accident' is the applicable Limit of Insurance in the Declarations unless otherwise shown in the Equipment Breakdown Coverage Schedule. Coverage provided under this endorsement does not increase and is not in addition to any other Limit of Insurance. 3. The following coverages also apply to covered losses caused by an "accident'. These coverages do not provide additional limits of insurance. a. Expediting Expenses With respect to your damaged Covered Property, we will pay the reasonable extra cost to: (1) Make temporary repairs, and (2) Expedite permanent repairs or replacement. Reasonable extra cost shall mean the extra cost of temporary repair and of expediting the repair of such damaged equipment of the insured, including overtime and the extra cost of express or other rapid means of transportation. The most we will pay for under this coverage is $100,000 unless otherwise provided in this policy. b. Hazardous Substances We will pay for the additional cost to repair or replace Covered Property because of contami- nation by a "hazardous substance". This includes the additional expense to clean up or dispose of such property. This does not include contamination of "perishable goods" by a refrigerant, including ammo- nia, which is addressed in 3.d. below. As used in this coverage, additional costs mean those beyond what would have been payable under this Equipment Breakdown Coverage had no "hazardous substance" been involved. The most we will pay for under this coverage, including any actual loss of Business Income you sustain and necessary Extra Expense you incur, is $100,000 unless otherwise provided in this policy. © 20151-iberty Mutual Insurance CP 88 44 02 15 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 6 c. Spoilage (1) We will pay for physical damage to "perishable goods" due to spoilage. The spoilage damage must be due to the lack of or excess of power, light, heat, steam or refrigeratio n caused by an "accident" to "covered equipment". (2) You must own the "perishable goods" or they must be in your care, custody or control and you must be legally liable for them (3) We will also pay any necessary expense you incur to reduce the amount of loss under this coverage. We will pay such expenses to the extent that they do not exceed the amount of loss that otherwise would have been payable under this coverage. e (4) If you are unable to replace the "perishable goods" before their anticipated sale date, the amount of our payment will be determined on the basis of the sales price of the "perish- able goods" at the time of the "accident" less discounts and expense you otherwise would have had. Otherwise, our payment will be determined in accordance with the Valuation condition. The most we will pay for loss, damage or expense under this coverage is $100,000 unless otherwise provided in this policy. d. Refrigerant Contamination We will pay for physical damage to Covered Property due to contamination from the release of a refrigerant, including any related salvage expense. The most we will pay for loss or damage under this coverage is $100,000 unless otherwise provided in this policy. e. Data Restoration We will pay for your reasonable and necessary cost to research, replace and restore lost "data" The most we will pay for loss or expense under this coverage, including any actual loss of Business Income you sustain and necessary Extra Expense you incur, is $100,000 unless otherwise provided in this policy. f. Utility Services (1) Insurance provided for Business Income, Extra Expense and Spoilage is extended to apply to your loss, damage or expense caused by an "accident" to equipment that is awned, managed, or controlled by your landlord or landlord's utility, or utility or other supplier with whom you have a contract, that directly supplies you with any of the following services electrical power, waste disposal, air conditioning, refrigeration, heating, natural gas, compressed air, water, steam, internet access, telecommunications services, wide area networks or data transmission. The equipment must meet the definition of "covered equipment" except that it is not Covered Property. (2) Unless otherwise provided in this policy, Utility Services coverage will not apply unless the loss of or disruption of service exceeds 24 hours immediately following the "ac- cident". (3) The most we will pay for loss, damage or expense under this coverage is the limit that applies to Business Income, Extra Expense or Spoilage, respectively, g. Business Income and Extra Expense Any insurance provided under this Policy for Business Income or Extra Expense is extended to the coverage provided by this endorsement. However, if a separate Equipment Breakdown deductible is shown in the Policy, then as respects Equipment Breakdown coverage, the "pe- riod of restoration" will begin immediately after the "accident", and the separate Equipment Breakdown deductible shown in the Policy will apply. The most we will pay for loss of Busi- ness Income you sustain, and necessary Extra Expense you incur is the limit that applies to Business Income or Extra Expense unless otherwise provided in this policy. © 20151-iberty Mutual Insurance CP 88 44 02 15 Includes copyrighted material of Insurance Services Office, Inc..,with its permission.. Page 2 of 6 4. Exclusions For the purposes of this endorsement, all exclusions in the CAUSES OF LOSS - BASIC FORM, CAUSES OF LOSS - BROAD FORM, and CAUSES OF LOSS - SPECIAL FORM apply except as modified below. a. The exclusions are modified as follows: (1) The following is added to Paragraph B.1.g Water: However, if electrical "covered equipment" requires drying out because of Water as de- scribed in g.(1) through g.(3) above, we will pay for the direct expense of such drying out subject to the applicable Limit of Insurance and deductible for Building or Business Per- sonal Property, whichever applies. (2) If CAUSES OF LOSS - BASIC FORM or CAUSES OF LOSS - BROAD FORM applies, the following is added to Exclusions B.2: Depletion, deterioration, corrosion, erosion, wear and tear, or other gradually developing conditions. But if an "accident" results, we will pay for the resulting loss, damage or expense, (3) If CAUSES OF LOSS - SPECIAL FORM applies, the last paragraph of B.2.d. Exclusions is deleted and replaced with the following: But if an excluded cause of loss that is listed in B.2.d. (1) through (7) results in an "ac- cident", we will pay for the loss, damage or expense caused by that "accident". b. We will not pay under this endorsement for loss, damage or expense caused by or resulting from: (1) Your failure to use all reasonable means to protect Covered Property from damage follow- ing an "accident". (2) Any defect, programming error, programming limitation, computer virus, malicious code, loss of "data", loss of access, loss of use, loss of functionality or other condition within or involving "data" or "media" of any kind. But if an "accident" results, we will pay for the resulting loss, damage or expense; or (3) Any of the following tests: (a) Hydrostatic, pneumatic, or gas pressure test of any boiler or pressure vessel, or (b) Electrical insulation breakdown test of any type on electrical equipment. c. With respect to Utility Services coverage, we will also not pay for an "accident" caused by or resulting from: fire; lightning, windstorm or hail, explosion (except as specifically provided in paragraph 5.a.(3) of this endorsement); smoke; aircraft, or vehicles, riot or civil commotion, vandalism; sprinkler leakage; falling objects; weight of snow, ice or sleet, freezing, collapse, flood or earth movement. d. With respect to Business Income, Extra Expense and Utility Services coverages, we will also not pay for. (1) Loss caused by your failure to use due diligence and all reasonable means to resume business, or s (2) Any increase in loss resulting from an agreement between you and your customer or supplier. e. We will not pay for loss, damage or expense caused directly or indirectly by the following, whether or not caused by or resulting from an "accident": Any mold, fungus, mildew or yeast, including any spores or toxins produced by or emanating from such mold, fungus, mildew or yeast. This includes, but is not limited to, costs arising from clean up, removal, or abatement of such mold, fungus, mildew or yeast, spores or toxins. However, this exclusion does not apply to spoilage of personal property that is "perishable goods", to the extent that spoilage is covered under Spoilage coverage. f. We will not pay under this endorsement for any loss or damage to animals. © 20151-iberty Mutual Insurance CP 88 44 02 15 Includes copyrighted material of Insurance Services Office, Inc.,with its permission,. Page 3 of 6 5. Definitions The following are added to H. Definitions a. "Accident" means a fortuitous event that causes direct physical damage to "covered equip- ment" that requires repair or replacement. The event must be one of the following. (1) Mechanical breakdown, including rupture or bursting caused by centrifugal force, (2) Artificially generated electrical current, including electric arcing, that damages electrical devices, appliances or wires; (3) Explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control, An "accident" does not include the functioning of any safety or protective device, or any other condition, which can be corrected by resetting, tightening, adjusting, cleaning, or the perfor- mance of maintenance. b. "Covered equipment" (1) means, unless otherwise provided in this policy, Covered Property: (a) That generates, transmits or utilizes energy, including electronic communications and data processing equipment, or (b) Which, during normal usage, operates under vacuum or pressure, other than the weight of its contents. (2) None of the following is "covered equipment". (a) Structure, foundation, cabinet, compartment or air supported structure or building, (b) Insulating or refractory material, (c) Sewer piping, underground vessels or piping, or piping forming part of a sprinkler system; (d) Water piping other than boiler feedwater piping, boiler condensate return piping or water piping forming a part of a refrigerating or air conditioning system; (e) "Vehicle" or any equipment mounted on a"vehicle (f) Satellite, spacecraft or any equipment mounted on a satellite or spacecraft, (g) Dragline, excavation or construction equipment; or (h) Equipment manufactured by you for sale. c. "Data" means information or instructions stored in digital code capable of being processed by machinery. d. "Hazardous substance" means any substance that has been declared to be hazardous to health by any governmental agency. e. "Media" means material on which "data" is recorded, such as magnetic tapes, hard disks, optical disks or floppy disks. f. "One accident" means if an initial "accident" causes other "accidents", all will be considered "one accident". All "accidents" at any one premises that manifest themselves at the same time and are the direct result of the same cause will be considered one "accident". g. "Perishable goods" means personal property maintained under controlled conditions for its preservation and susceptible to loss or damage if the controlled conditions change. h. For the purposes of this endorsement, "vehicle" means any machine or apparatus that is used for transportation or moves under its own power. "Vehicle" includes a car, truck, bus, trailer, train, aircraft, watercraft, forklift, bulldozer, or harvester. However, any property that is permanently installed at a covered location and that receives electrical power from an external power source will not be considered a "vehicle". © 2015Liberty Mutual Insurance CP 88 44 02 15 Includes copyrighted material of Insurance Services Office, Inc.,with its permission., Page 4 of 6 B. The BUILDING AND PERSONAL PROPERTY COVERAGE FORM, CONDOMINIUM ASSOCIATION COV- ERAGE FORM and CONDOMINUIUM COMMERCIAL UNIT-OWNERS COVERAGE FORM are modified as follows. The definitions stated above in Paragraph A.S. also apply to section B. of this endorsement. 1. Deductible The deductible in the Declarations applies unless a separate Equipment Breakdown deductible is shown in the Policy, If a separate Equipment Breakdown deductible is shown, the following ap- plies. Regarding Equipment Breakdown Coverage only, section D. Deductible is deleted and replaced with the following: a. Deductible for Each Coverage (1) Unless the Declarations or Schedule indicates that your deductible is combined for all coverages, multiple deductibles may apply to any "one accident'. (2) We will not pay for loss, damage or expense under any coverage until the amount of the covered loss, damage or expense exceeds the deductible amount indicated for that cov- erage in the Policy. We will then pay the amount of loss, damage or expense in excess of the applicable deductible amount, subject to the applicable limit. (3) If deductibles vary by type of "covered equipment' and more than one type of "covered equipment' is involved in any 'one accident', only the highest deductible for each cov- erage will apply. b. Application of Deductibles (1) Dollar Deductibles We will not pay for loss, damage or expense resulting from any "one accident' until the amount of loss, damage, or expense exceeds the applicable Deductible shown in the Policy. We will then pay the amount of loss, damage or expense in excess of the ap- plicable Deductible or Deductibles, up to the applicable Limit of Insurance. (2) Time Deductible If a time deductible is shown in the Policy, we will not be liable for any loss occurring during the specified number of hours or days immediately following the "accident'. If a time deductible is expressed in days, each day shall mean twenty-four consecutive hours. (3) Multiple of Average Daily Value (ADV) If a deductible is expressed as a number times ADV, that amount will be calculated as follows: The ADV (Average Daily Value) will be the Business Income (as defined in any Business Income Coverage that is part of this policy) that would have been earned during the period of interruption of business had no "accident' occurred, divided by the number of working days in that period, No reduction shall be made for the Business Income not being earned, or in the number of working days, because of the "accident' or any other scheduled or unscheduled shutdowns during the period of interruption. The ADV applies to the Busi- ness Income value of the entire location, whether or not the loss affects the entire loca- tion. If more than one location is included in the valuation of the loss, the ADV will be the combined value of all affected locations. For purposes of this calculation, the period of interruption may not extend beyond the "period of restoration". The number indicated in the Policy will be multiplied by the ADV as determined above. The result shall be used as the applicable deductible. © 2015 Liberty Mutual Insurance CP 88 44 02 15 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 5 of 6 (4) Percentage of Loss Deductibles If a deductible is expressed as a percentage of loss, we will not be liable for the indicated percentage of the gross amount of loss, damage or expense (prior to any applicable deductible or coinsurance) insured under the applicable coverage. If the dollar amount of such percentage is less than the indicated minimum deductible, the minimum deductible will be the applicable deductible. 2. Conditions The following conditions are added to the Conditions in the COMMON POLICY CONDITIONS and to section F. Additional Conditions in the BUILDING AND PERSONAL PROPERTY COVERAGE FORM, CONDOMINIUM ASSOCIATION COVERAGE FORM, CONDOMINUIUM COMMERCIAL UNIT -OWNERS COVERAGE FORM: a. Suspension Whenever "covered equipment" is found to be in, or exposed to, a dangerous condition, any of our representatives may immediately suspend coverage under this endorsement for that "covered equipment". This can be done by mailing or delivering a written notice of suspen- sion to: (1) Your last known address, or (2) The address where the "covered equipment" is located. Once suspended, your insurance can only be reinstated by an endorsement for that "covered equipment". If we suspend your insurance, you will get a pro rata refund of premium for that "covered equipment" for the period of suspension. But the suspension will be effective on the date in which our notice is mailed or delivered to you, even if we have not yet made or offered a refund. b. Jurisdictional Inspections If any property that is "covered equipment" under this endorsement requires inspection to comply with state or municipal boiler and pressure vessel regulations, we agree to perform such inspection on your behalf. c. Environmental, Safety and Efficiency Improvements If "covered equipment" requires replacement due to an "accident", we will pay your addi- tional cost to replace it with equipment that is better for the environment, safer or more efficient than the equipment being replaced. However, we will not pay more than 125% of what the cost would have been to repair or replace with like kind and quality This condition does not increase any of the applicable limits. This condition does not apply to any property to which Actual Cash Value applies. © 20151-iberty Mutual Insurance CP 88 44 02 15 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 6 of 6 COMMERCIAL PROPERTY CP90000115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CUSTOM PROTECTOR'" ENDORSEMENT This endorsement modifies insurance provided under the following BUILDING AND PERSONAL PROPERTY COVERAGE FORM CONDOMINIUM ASSOCIATION COVERAGE FORM CAUSES OF LOSS - SPECIAL FORM The following is a summary of increased limits of insurance and additional coverages provided by this endorsement. This endorsement is subject to the provisions of your policy which means that it is subject to all limitations and conditions applicable to this Coverage Part, Coverage Form or Causes of Loss Form unless specifically deleted, replaced, or modified herein. This endorsement is applicable only to those locations described in the Declarations. Coverage for loss of Business Income or Extra Expense, whether provided by this endorsement or else- where, does not apply if a loss is covered only as a result of this endorsement. If coverage is provided elsewhere in this policy for the same loss or damage as the coverage provided under this endorsement, the coverage under this endorsement will apply excess over that other coverage unless otherwise stated. We will not pay more than the actual amount of the covered loss or damage. Coverage Description Limit of Insurance Section Accounts Receivable, Valuable Papers and Electronic Data Blanket Limit of Insurance - On Premises $ 200,000 Blanket A.10. Off Premises: Valuable Papers $ 10,000 A.10. Accounts Receivable $ 10,000 A.10. Electronic Data $ 10,000 A.10. Additional Covered Property Included A.2. Appurtenant Structures Buildings $ 50,000 A.16.u. Business Personal Property $ 5,000 A.16.u. Back-up of Sewers or Drains $ 25,000 F. Broadened Premises Included A.1. Business Income $ 25,000 A.16.s. Business Income - Newly Acquired Locations $ 250,000 A.16.s. Business Income - Utility Services - Time Element $ 25,000 A.16.t. Business Personal Property - Seasonal Increase 33% A.16.v. "Cellular Phones" - Coverage $ 1,000 A.16.i. Computer Equipment $ 50,000 A.16.n. Consequential Loss Included A.16.r. Debris Removal $ 25,000 A.6. Employee Dishonesty $ 50,000 A.11.h. Employee Tools Coverage $ 25,000 A.16.w. Extra Expense $ 25,000 A.16.j. Fine Arts $ 25,000 A.16.k. Fire Department Service Charge $ 25,000 A.8. Fire Protective Devices $ 25,000 A.16.1. Forgery or Alteration $ 50,000 A.11.k. Foundations Included A.5. Inventory and Appraisal Expense Coverage $ 10,000 A.11.g. Lock Replacement $ 10,000 A.16.o. Loss of Refrigeration $ 25,000 A.16.m. Lost Key Coverage $ 10,000 A.11.j. © 20151-iberty Mutual Insurance CP 90 00 01 15 Includes copyrighted material of Insurance Services Office, Inc„with its permission. Page 1 of 17 Coverage Description Limit of Insurance Section Money and Securities Inside the Premises $ 25,000 A.16.p. Outside the Premises $ 25,000 A.16.p. Money Orders and Counterfeit Money $ 25,000 A.11.i. Newly Acquired or Constructed Property 180 days A.12. Buildings $ 1,000,000 A.12. Business Personal Property $ 500,000 A.12. Off-Premises Services Interruption $ 25,000 A.16.q. Ordinance or Law A - Incl. in Building A.11.1. Limit B & C-25% of the Building Limit subject to $100,000 Outdoor Property $ 10,000 A.15. Personal Effects and Property of Others $ 15,000 A.13. Pollutant Clean Up and Removal $ 50,000 A.9. Preservation of Property 90 days A.7. Property Off-Premises (Including while in Transit) $ 50,000 A.14. Real Property of Others Required by Contract $ 25,000 A.4. Reward (Not available in New York) $ 25,000 A.16.11r. Signs $ 10,000 B. Special Deductible Provision Included C. Undamaged Improvements & Betterments Included A.3. & D.1,. Waiver of Coinsurance on losses $10,000 or less Included E. A. The following changes apply to Section A. COVERAGE of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM and the CONDOMINIUM ASSOCIATION COVERAGE FORM: 1. Broadened Premises The within 100 feet of the described premises description stated in Paragraph AA.a.(5)(b), Build- ing, Paragraph A.1.b., Your Business Personal Property, Paragraph AA.c.(2), Personal Property of Others and Paragraph A.5., Coverage Extensions is deleted and replaced by within 1000 feet of the described location. 2. Additional Covered Property The following are added to item a. Building of Paragraph 1. Covered Property: Bridges, roadways, walks, patios or other paved surfaces, Retaining walls (except retaining walls used to contain water) that are not part of a building. Item d. is deleted from paragraph 2. Property Not Covered. Item I, of paragraph 2., Property Not Covered is deleted and replaced by the following: I. Retaining walls used to contain water. 3. Undamaged Improvements And Betterments (This coverage does not apply to the CONDOMINIUM ASSOCIATION COVERAGE FORM.) The following is added to paragraph A.1.b Your Business Personal Property: (8) Undamaged Improvements and Betterments, (a) Improvements and betterments coverage includes the portion of improvements and bet- terments not damaged in a covered loss. (b) We will pay for the portion of undamaged improvements and betterments only if a mini- mum of six months is required to repair or rebuild the building for your occupancy, and only when your lease is cancelled: (i) By the lessor, (ii) By a valid condition of your lease, and © 2015 Liberty Mutual Insurance CP 90 00 01 1s Includes copyrighted material of Insurance Services Office, Inc.,with its permission.. Page 2 of 17 (iii) Due to direct physical loss or damage by a Covered Cause of Loss to property at the location(s) stated in the Declarations. 4. Real Property Of Others Required By Contract The following is added to item b. Your Business Personal Property of Paragraph 1. Covered Property of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM as subparagraph (9) and to the CONDOMINIUM ASSOCIATION COVERAGE FORM as subparagraph (4): Real Property including but not limited to building, doors and windows which are your responsibil- ity to insure under any contract. The most we will pay for loss or damage to covered property is $25,000 in any one occurrence. 5. Foundations Item g. is deleted in its entirety from Paragraph 2. Property Not Covered. 6. Debris Removal Paragraph A.4.a.(4) is deleted and replaced by the following: (4) We will pay up to an additional $25,000 for debris removal expense, in any one occurrence of physical loss or damage to Covered Property, if one or both of the following circumstances apply: (a) The total of the actual debris removal expense plus the amount we pay for direct physical loss or damage exceeds the Limit of Insurance on the Covered Property that has sustained loss or damage. (b) The actual debris removal expense exceeds 25% of the sum of the deductible plus the amount that we pay for direct physical loss or damage to the Covered Property that has sustained loss or damage. Therefore, if (4)(a) and/or (4)(b) apply, our total payment for direct physical loss or damage and debris removal expense may reach but will never exceed the Limit of Insurance on the Covered Property that has sustained loss or damage, plus $25,000. 7. Paragraph A.4.Additional Coverage is amended as follows. b. Preservation of Property The 30 day limitation in paragraph A.4.b.(2) is increased to 90 days. 8. Fire Department Service Charge Item c. Fire Department Service Charge of Paragraph 4. Additional Coverages is deleted and replaced by the following: When the fire department is called to save or protect Covered Property from a Covered Cause of Loss, we will pay up to $25,000 in any one occurrence for your liability for fire department service charges. Such limit is the most we will pay regardless of the number of responding fire depart- ments or fire units, regardless of the number or type of services performed. This Additional coverage applies to your fire department service charges (1) Assumed by contract or agreement prior to loss; or (2) Required by local ordinance. No deductible applies to this Additional Coverage. 9. Pollutant Clean Up And Removal Item d. Pollutant Clean Up And Removal of Paragraph 4. Additional Coverages, the last paragraph is amended as follows. The most we will pay under this Additional Coverage is $50,000 for the sum of all covered ex- penses arising out of Covered Causes of Loss occurring during each separate 12-month period of this policy. © 2015 Liberty Mutual Insurance CP 90 00 01 15 Includes copyrighted material of Insurance Services Office, Ina,with its permission.. Page 3 of 17 10. Accounts Receivable We will pay: (1) All amounts due from your customers that you are unable to collect; (2) Interest charges on any loan required to offset amounts you are unable to collect pending our payment of these amounts, (3) Collection expenses in excess of your normal collection expenses that are made necessary by the loss or damage; and (4) Other reasonable expenses that you incur to re-establish your records of accounts receivable, _ that result from a Covered Cause of Loss to your records of accounts receivable. The limits of insurance as respects the following Additional Coverages and Coverage Extensions Electronic Data, Valuable Papers and Records (Other Than Electronic Data), are deleted and included in the following blanket limit: Accounts Receivable, Valuable Papers And Electronic Data Blanket Limit Of Insurance: The most we will pay for loss or damage as respects the following Additional Coverages or Coverage Extensions is $200,000 in total for each described location in any one occurrence: Accounts Receivable; Valuable Papers and Records, Electronic Data; However, as respects to Valuable Papers and Records or Accounts Receivable at a location not described in the Declarations the most we will pay is $10,000 respectively in any one occurrence. The most we will pay for Electronic Data at a premise not described in the Declarations or in transit " is $10,000 in any one policy year, regardless of the number of occurrences of loss or damage or computer systems involved. Under this Extension, electronic data has the meaning described in the BUILDING AND PERSONAL PROPERTY COVERAGE FORM and the CONDOMINIUM ASSOCI- ATION COVERAGE FORM under Property Not Covered -Electronic Data. 11. The following are added to paragraph A.4. Additional Coverages: f. Inventory And Appraisal Expense Coverage We will pay up to $10,000 in any one occurrence for incurred inventory and appraisal costs, and expenses for preparation of loss data, due to loss or damage as a result of a Covered Cause of Loss to covered property. We will only pay if the costs are incurred and are reason- able and necessary to establish the amount of the loss. Attorney or public adjuster fees are not covered costs under this section. g. Employee Dishonesty (1) We will pay for direct loss of or damage to business personal property, including money and securities, resulting from dishonest acts committed by any of your employees acting alone, or in collusion with other persons (except you or your partner) with the manifest intent to: (a) Cause you to sustain loss or damage, and (b) Obtain financial benefit (other than salaries, commissions, fees, bonuses, promo- tions, awards, profit sharing, pensions or other employee benefits earned in the nor- mal course of employment) for: (i) Any employee, or (ii) Any other person or organization. © 20151 Mutual Insurance CP 90 00 01 15 Includes copyrighted material of Insurance Services Office, Inc.,with its permission, Page 4 of 17 (2) We will not pay for loss or damage. (a) Resulting from any dishonest or criminal act that you or any of your partners commit whether acting alone or in collusion with other persons, or (b) The only proof of which as to its existence or amount is dependent upon: (i) An inventory computation; or (ii) A profit and loss computation, (3) The most we will pay for loss or damage in any one occurrence is $50,000. (4) All loss or damage: (a) Caused by one or more persons; or (b) Involving a single act or series of related acts, is considered one occurrence. (5) If any loss is covered: (a) Partly by this insurance, and (b) Partly by any prior cancelled or terminated insurance that we or any affiliate had issued to you or any predecessor in interest, the most we will pay is the larger amount recoverable under this insurance or the prior insurance. (6) We will pay for loss or damage you sustain through acts committed or events occurring during the Policy Period. Regardless of the number of years this policy remains in force or the number of premiums paid, no Limit of Insurance cumulates from year to year or period to period. (7) This Additional Coverage does not apply to the dishonest act of any employee that occurs after the discovery by: (a) You, or (b) Any of your partners, officers, directors or trustees not in collusion with the employee of any dishonest act committed by that employee whether before or after becoming employed by you. (8) Will pay only for covered loss or damage discovered no later than one year from the end of the Policy Period. (9) If you (or any predecessor in interest) sustained loss or damage during the period of any prior insurance that you could have recovered under that insurance except that the time within which to discover loss or damage had expired, we will pay for it under this Addi- tional Coverage, provided: (a) This Additional Coverage became effective at the time of cancellation or termination of the prior insurance; and (b) The loss or damage would have been covered by this Additional Coverage had it been in effect when the acts or events causing the loss or damage were committed or occurred. (10) The insurance under paragraph (9) above is part of, not in addition to, the Limit of Insur- ance applying to this Additional Coverage and is limited to the lesser of the amount recoverable under: (a) This Additional Coverage as of its effective date; or (b) The prior insurance had it remained in effect. Coverage provided under this Additional Coverage is subject to a Deductible equal to the Property Deductible shown in the Declarations. © 20151-iberty Mutual Insurance CP 90 00 01 15 Includes copyrighted material of Insurance Services Office,Inc„with its permission. Page 5 of 17 "Employee" means' (1) Any natural person: (a) While in your service and for 30 days after termination of service, and (b) Whom you compensate directly by salary, wages or commissions, and (c) Whom you have the right to direct and control while performing services for you; or (2) Any natural person employed by an employment contractor while that person is subject to your direction and control and performing services for you excluding, however, any such person while having care and custody of property outside the premises. But "employee' does not mean any: (1) Agent, broker, factor, commission merchant, consignee, independent contractor or repre- sentative of the same general character, or (2) Director or trustee except while performing acts coming within the scope of the usual duties of an employee. " h. Money Orders And Counterfeit Money We will pay for your loss when you accept in good faith: e (1) Any money order in exchange for goods or services if the money order is not paid when presented to the issuer; or (2) Counterfeit U.S. or Canadian paper money in the regular course of business. The most we will pay under this additional coverage is $25,000 in any one occurrence. i. Lost Key Coverage We will pay for consequential loss to keys and locks if a master key or grand master key is lost or damaged resulting from a Covered Cause of Loss. We will pay for the actual cost to replace „ keys, adjustment of locks to accept new keys, or if required, new locks, including the cost of their installation. The most we will pay for loss or damage under this coverage is $10,000 in any one occurrence. j. Forgery Or Alteration (1) We will pay for lass resulting directly from forgery or alteration of, any check, draft, promissory note, bill of exchange or similar written promise of payment in "money', that you or your agent has issued, or that was issued by someone who impersonates you or your agent. We will pay for loss you sustain through acts committed or events occurring during the policy period. Regardless of the number of years this policy remains in force or the number of premiums paid, no limit of insurance cumulates from year to year or period to period. (2) If you are sued for refusing to pay the check, draft, promissory note, bill of exchange or similar written promise of payment in "money", on the basis that it has been forged or altered, and you have our written consent to defend against the suit, we will pay for any reasonable legal expenses that you incur in that defense. (3) For the purpose of this coverage, check includes a substitute check as defined in the Check Clearing for the 21 st Century Act, and will be treated the same as the original it replaced. (4) We will not pay for loss resulting from any dishonest or criminal acts committed by you or any of your partners, employees, managers, members, officers, directors or trustees whether acting alone or in collusion with others. (5) The most we will pay for all loss, including legal expenses, under this Additional Cov- erage is $50,000. "Money" means: (1) Currency, coins and bank notes in current use and having aface value, and (2) Travelers checks, register checks and money orders held for sale to the public. © 20151-iberty Mutual Insurance CID 90 00 01 15 Includes copyrighted material of Insurance Services Office, Inc,,,with its permission, Page 6 of 17 I. Ordinance Or Law (1) If a Covered Cause of Loss occurs to covered Building property, we will pay: (a) Coverage For Loss to the Undamaged Portion of the Building - For the loss in value of the undamaged portion of the building as a consequence of enforcement of any ordinance or law that: (i) Requires the demolition of parts of the same property not damaged by a Covered Cause of Loss, (i1) Regulates the construction or repair of buildings, or establishes zoning or land use requirements at a described location; and (III) Is in force at the time of loss. (b) Demolition Cost Coverage - The cost to demolish and clear the site of undamaged parts of the property caused by the enforcement of building, zoning or land use ordinance or law. The COINSURANCE Additional Condition does not apply to this demolition cost cov- erage (c) Increased Cost of Construction Coverage -The increased cost to: (i) Repair or reconstruct damaged portions of that Building property, and/or (ii) Reconstruct or remodel undamaged portions of that Building property, whether or not demolition is required, When the increased cost is a consequence of enforcement of building, zoning or land use ordinance or law. However (i) This coverage applies only if the restored or remodeled property is intended for similar occupancy as the current property, unless such occupancy is not permit- ted by zoning or land use ordinance or law. (ii) We will not pay for the increased cost of construction if the building is not re- paired, reconstructed or remodeled. The COINSURANCE Additional Condition does not apply to this increased cost of construction coverage. (2) We will not pay the increased casts of construction under this coverage: (a) Until the property is actually repaired or replaced, at the same or another location, and (b) Unless the repairs or replacement are made as soon as reasonably possible after the loss or damage, not to exceed two years. We may extend this period in writing during the two years. (3) We will not pay under this coverage for the costs associated with the enforcement of any ordinance or law which requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects ofpollutants". (4) The most we will pay under this coverage In any one occurrence. (a) Coverage L(1.)(a.) above is included within the Limit of Insurance shown in the Dec- larations as applicable to the covered building. The loss in value of the undamaged portion of the building does not increase the Limit of Insurance. (b) For coverages L(1,)(b.) and (c.) above the lesser of. (1) 25% of the Limit of Insurance shown in the Declarations for Building Coverage, or (ii) $100,000. (5) We will not pay for loss due to any ordinance or law that: (a) You were required to comply with before the loss, even if the building was undamaged, and (b) You failed to comply with. © 20151-iberty Mutual Insurance CP 90 00 01 15 Includes copyrighted material of Insurance Services Office, Inc,.,with its permission,. Page 7 of 17 12. Newly Acquired Or Constructed Property Item a. Newly Acquired or Constructed Property of Paragraph 5. Coverage Extensions is deleted and replaced by the following: (1) Buildings If this policy covers Building, you may extend that insurance to apply to. (a) Your new buildings while being built at the described location. and (b) Buildings you acquire away from the described locations, intended for: (i) Similar use as the building described in the Declarations, or o (ii) Use as a warehouse. The most we will pay for loss or damage under this Extension is $1,000,000 at any one location. (2) Your Business Personal Property _ (a) If this policy covers Your Business Personal Property, you may extend that insurance to apply to: (i) Business personal property, including such property that you newly acquire, at any location you acquire other than at fairs, trade shows or exhibitions, or (ii) Business personal property, including such property that you newly acquire, located at your newly constructed or acquired buildings at the location described in the Dec- larations. The most we will pay for loss or damage under this Extension is $500,000 at any one location. (b) This Extension does not apply to: (i) Personal property of others that is temporarily in your possession in the course of installing or performing work on such property, or (i i) Personal property of others that is temporarily in your possession in the course of your manufacturing or wholesaling activities. (3) Period Of Coverage With respect to insurance provided under Coverage Extension for Newly Acquired or Con- structed Property, coverage will end when any of the following occurs: (a) This policy expires, (b) 180 days expire after you acquire the property or begin construction of that part of the building that would qualify as covered property; or (c) You report values to us, We will charge you additional premium for values reported from the date you acquire the property or begin construction of that part of the building that would qualify as covered property. 13. Personal Effects And Property Of Others Item b. Personal Effects and Property of Others of Paragraph 5. Coverage Extensions, the last paragraph is amended as follows: The most we will pay for loss or damage under this Extension is $15,000 in any one occurrence. Our payment for loss of or damage to personal property of others (including property of others held by you on consignment) will only be for the account of the owner of the property. 14. Property Off-Premises Item d. Property Off-Premises of Paragraph 5. Coverage Extensions is deleted and replaced by the following: (1) You may extend the insurance provided by this Coverage Form to apply to your Covered Property while it is away from the described location(s) if it is: (a) Temporarily at a location you do not own, lease or operate, 9 20151-iberty Mutual Insurance CID 90 00 01 15 Includes copyrighted material of Insurance Services Office, Inc.,with its permission., Page 8 of 17 (b) In storage at a location you lease, provided the lease was executed after the beginning of the current policy term, or (c) At any fair, trade show or exhibition This Extension applies only if loss or damage is caused by a Covered Cause of Loss. This extension does not apply to loss to property covered under the Wholesalers Custom Protector Endorsement, Manufacturers Custom Protector Endorsement, or Food Processors Custom Protector Endorsement. (2) You may extend the insurance provided by this Coverage Form to apply to your personal property in a vehicle or in transit more than 1,000 feet from the described location(s) while: (a) In or on a vehicle you own, rent or lease; (b) In the custody of a carrier for hire; or (c) In the custody of an air or rail carrier within the coverage territory. The reference to Property Not Covered in A.2.i. for Property while airborne or waterborne does not apply to this Coverage Extension. However, there is no coverage under this Exten- sion for shipments of any exported or imported property that originate or terminate outside of the United States of America, its territories and possessions, Canada, and Puerto Rico. There is no coverage under this Extension for: (a) Fine arts, antiques, fur garments, jewelry, precious or semiprecious stones, gold, silver, platinum, or other precious .metals or alloys; or (b) Mail shipments in the custody of the U.S. Postal Service. (3) The most we will pay for loss or damage under this Extension is $50,000 15. Outdoor Property Item e. Outdoor Property of Paragraph 5. Coverage Extensions is deleted and replaced by the following: You may extend the insurance provided by this Coverage Form to apply to your outdoor fences, lighting, lighting standards, radio and television antennas, satellite dish, signs (other than signs attached to buildings), playground equipment, scoreboards, trees, shrubs and plants (other than "stock" of trees, shrubs or plants or part of a vegetated roof) including debris removal expense, caused by or resulting from any of the Covered Causes of Loss. The most we will pay for loss or damage under this Extension is $10,000, but not more than $1,000 for any one tree, shrub or plant. These limits apply to any one occurrence, regardless of the types or numbers of items lost or damaged in that occurrence. Subject to all aforementioned terms and limitations of coverage, this Coverage Extension includes the expense of removing from the described location the debris of trees, shrubs and plants which are property of others, except in the situation in which you are a tenant and such property is owned by the landlord of the described location. 16. The following are added to Paragraph 5. Coverage Extensions: h. Reward (Nat available in New York) We will pay on behalf of the insured up to $25,000 for information which leads to an arson or theft conviction in connection with a fire loss covered under this Coverage Form. Regardless of the number of persons involved in providing information, our liability under this Coverage Extension will not be increased. I. Cellular Phones The most we will pay for loss or damage to "Cellular Phones" is $1,000 in any one calendar year. With regard to this provision: "Cellular Phone" is defined as any cellular phone that is: (1) Permanently installed in a vehicle by other than the manufacturer of the vehicle, or (2) Not permanently installed in a vehicle. © 20151-perty Mutual Insurance CP 90 00 01 15 Includes copyrighted material of Insurance Services Office, Inc..,with its permission Page 9 of 17 j. Extra Expense We will pay the actual and necessary Extra Expense you incur due to direct physical loss of or damage to the property at the location(s) described in the Declarations, including personal property in the open or in a vehicle, within 1,000 feet of the location(s), caused by or resulting from any Covered Cause of Loss. If you are a tenant, your location is the portion of the building which you rent, lease of occupy, including: (1) All routes within the building to gain access to the described location, and o (2) Your personal property in the open (or in a vehicle) within 1000 feet of the described location. The following definitions are added as respects this Coverage Extension: e (1) Extra Expense means necessary expenses you incur during the period of restoration that you would not have incurred if there had been no direct physical loss or damage to property. Coverage pertains to expenses which are incurred to. (a) Avoid or minimize the suspension of business and to continue operations: (i) At the described location(s), or (ii) At replacement location(s) or at temporary locations, including: Including relocation expenses or costs to equip and operate the replacement or temporary locations. (b) Minimize the suspension of business if you cannot continue operations. (c) To repair or replace any property, or (d) To research, replace or restore the lost information on damaged valuable papers and records, " to the extent it reduces the amount of loss that otherwise would have been payable under this Coverage Extension . (2) Operations means the type of your business activities occurring at the described loca- tion(s). (3) Period of Restoration means the period of time that: (a) Begins with the date of direct physical loss or damage caused by or resulting from a Covered Cause of Loss at the described location(s); and (b) Ends on the earlier of: (i) The date when the property at the described location(s) should be repaired, rebuilt or replaced with reasonable speed and similar quality, or (ii) The date when business is resumed at a new permanent location. Period of Restoration does not include any increased period required due to the enforce- ment of any ordinance or law that (a) Regulates the construction, use or repair, or requires the tearing down of any prop- erty; or (b) Requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants The expiration date of this policy will not cut short the period of restoration. The most we will pay for loss under this Extension is $25,000 in any one occurrence. k. Fine Arts You may extend the insurance that applies to your Business Personal Property to apply to your fine arts and fine arts owned by others that are in your care, custody or control. This Extension does not apply to loss or damage caused by or resulting from. (1) While fine arts are at any fair or on exhibition, (2) Any repairing, restoration or retouching process, © 2015 Liberty Mutual Insurance CP 90 00 01 15 Includes copyrighted material of Insurance Services Office, Inc-,with its permission, Page 10 of 17 (3) Insects, birds, rodents or other animals, (4) Wear and tear, (5) Rust, corrosion, fungus, decay, deterioration, hidden or latent defect or any quality in the property that causes it to damage or destroy itself, (6) Breakage of art glass windows, statuary, marbles, glassware, bric-a-brac, porcelains and similar fragile articles. But we will pay for loss or damage caused directly by fire, light- ning, aircraft, theft or attempted theft, cyclone, tornado, windstorm, explosion, vandal- ism, or by accident to the vehicle carrying the property, The most we will pay for loss or damage under this Extension is $25,000 in any one occur- rence. 1. Fire Protective Devices You may extend the insurance provided by this Coverage Form to apply to recharging or refilling of your fire protective devices that are permanently installed in buildings at the de- scribed location(s) when such devices have been discharged by accident or after being used in fighting afire. This Extension does not apply to periodic recharge or refilling. The most we will pay under this Extension is $25,000 for each separate 12-month period of this policy. m. Loss Of Refrigeration You may extend the insurance provided by this Coverage Form to apply to direct physical loss of or damage to property owned by you and used in your business or owned by others and in your care, custody or control, contained in any refrigeration or cooling apparatus or equip- ment resulting from: (1) The fluctuation or total interruption of electrical power, either at or away from the de- scribed location, due to conditions beyond your control, or (2) Mechanical failure of any refrigeration or cooling apparatus or equipment at the described location(s). The most we will pay for loss or damage under this Extension is $25,000 in any one occur- rence. n. Computer Equipment You may extend the insurance that applies to your Business Personal Property to apply to loss or damage to "computer equipment" owned by you or similar property of others in your care, custody or control for which you are legally liable, caused by a Covered Cause of Loss. You may extend the insurance that applies to your Business Personal Property to apply to loss or damage to 'laptop/portable computers" owned by you and in your care, custody and control or in the care, custody or control of your employee. (1) Property Not Covered We will not cover the following kinds of property under this Extension: (a) Property which you rent or lease to others, (b) Software or other electronic data (c) Accounts, bills, evidences of debt, valuable papers, records, abstracts, deeds, manu- scripts, program documentation or other documents. (d) "Computer equipment' held for sale by you, (e) "Computer equipment' of others on which you are performing repairs or work, (f) "Computer equipment' or that is part of any: (i) Production or processing equipment (such as CAD, CAM or CNC machines); (ii) Equipment used to maintain or service your building (such as heating, ventilat- ing, cooling or alarm systems); or (iii) Communication equipment (such as telephone systems). © 2015 Liberty Mutual Insurance CP 90 00 01 15 Includes copyrighted material of Insurance Services Office, Inc.,with its permission, Page 11 of 17 (g) Property that is covered under another coverage form of this or any other policy in which such property is more specifically described, except for the excess of the amount due (whether you can collect on it or not) from that other insurance. (2) Property In Transit We will pay for your "computer equipment", or 'laptop/portable computer" while in transit. (3) Loss Payment will be determined as follows: "Computer equipment" or "laptop/portable computers" We will pay the lesser of the following amounts: (a) The cost of reasonably restoring that property to its condition immediately before the loss or damage; or (b) The cost of replacing that property with identical property of like kind and quality and used for the same purpose. However, when repair or replacement with identical property is not possible, we will pay the cost to replace that property with property of like kind and quality capable of perform- ing the same functions. If not repaired or replaced, the property will be valued at its actual cash value. "Computer equipment" means a network of electronic machine components capable of ac- cepting information, processing it according to instructions and producing the results in a desired form. "Laptop/portable computers" means "computer equipment' and accessories that are de- signed to function with it that can easily be carried and is designed to be used at more than one location. The most we will pay for loss or damage to "computer equipment' and 'laptop/portable computers" under this Extension is $50,000 in any one occurrence. o. Lock Replacement You may extend the insurance provided by this Coverage Form to apply to replacement of locks necessitated by theft of Covered Property or theft of keys from the described location. The most we will pay for loss under this Coverage Extension is $10,000 in any one occurrence. p. Money And Securities (1) You may extend the insurance that applies to Business Personal Property to apply to loss of "money" and "securities" used in your business while at a bank or savings institution, within your living quarters or the living quarters of your partners or any employee having use and custody of the property, at the described premises, or in transit between any of these places, resulting directly from: (a) Theft, meaning any act of stealing, (b) Disappearance, or (c) Destruction. (2) In addition to the Limitations and Exclusions applicable to property coverage, we will not pay for loss: (a) Resulting from accounting or arithmetical errors or omissions, (b) Due to the giving or surrendering of property in any exchange or purchase, or (c) Of property contained in any money-operated device unless the amount of "money" deposited in it is recorded by a continuous recording instrument in the device. (3) The most we will pay for loss in any one occurrence is: (a) $25,000 for Inside the Premises for "money" and "securities" while: (i) In or on the described premises, or (ii) Within a bank or savings institution, and (b) $25,000 for Outside the Premises for "money" and "securities" while anywhere else. © 2015 Liberty Mutual Insurance CP 90 00 01 1s Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 12 of 17 (4) All loss: (a) Caused by one or more persons, or (b) Involving a single act or series of related acts, is considered one occurrence. (5) You must keep records of all "money' and "securities" so we can verify the amount of any loss or damage. (6) "Money' means: (a) Currency, coins and bank notes in current use and having a face value; and (b) Travelers checks, register checks and money orders held for sale to the public. (7) "Securities" means negotiable and non- negotiable instruments or contracts representing either "money' or other property and includes, (a) Tokens, tickets, revenue and other stamps (whether represented by actual stamps or unused value in a meter) in current use, and (b) Evidences of debt issued in connection with credit or charge cards, which cards are not issued by you, but does not include "money". q. Off-Premises Services Interruption You may extend the insurance provided by this Coverage Form to apply to loss of or damage to Covered Property caused by an interruption in utility service to the described location. The interruption in utility service must result from direct physical loss or damage by a Covered Cause of Loss to the following property away from the described location: (1) Water Supply Services, meaning the following types of property supplying water to the described location. (a) Pumping stations, and (b) Water mains. (2) Communication Supply Services, meaning property supplying communication services, including telephone, radio, microwave or television services to the described location, such as: (a) Communication transmission lines, including optic fiber transmission lines; (b) Coaxial cables; and (c) Microwave radio relays except satellites. Coverage does not include above ground communication lines. (3) Power Supply Services, meaning the following types of property supplying electricity, steam or gas to the described location (a) Utility generating plants, (b) Switching stations, (c) Substations, (d) Transformers; and (e) Transmission lines. Coverage does not include above ground transmission or distribution lines. This Extension does not apply to loss of or damage to property owned by you and used in your business or owned by others and in your care, custody or control, contained in any refrigeration or cooling apparatus or equipment, resulting from. (a) The fluctuation or total interruption of electrical power, either on or off the described location, due to conditions beyond your control, or (b) Mechanical failure of any refrigeration or cooling apparatus or equipment. The most we will pay under this Extension is $25,000 in any one occurrence. © 2015 Liberty Mutual Insurance CP 90 00 01 15 Includes copyrighted material of Insurance Services Office.. Inc..,with its permission. Page 13 of 17 r. Consequential Loss And Personal Property Of Others The following is added to the Loss Payment provisions of Part E. Property Loss Conditions: If a Covered Cause of Loss occurs to covered stock and/or Personal Property of Others, we will pay any reduction in value of the remaining undamaged parts of covered stock including loss or damage resulting from confusion of personal property of others caused by a Covered Cause of Loss. Payment for any reduced value in stock is included within the applicable Limit of Insurance, s. Business Income We will pay up to $25,000 in any one occurrence for the actual loss of "Business Income" you sustain due to the necessary suspension of your 'operations" during the "period of restora- tion." The suspension must be caused by direct physical loss or damage to your covered Building or Business Personal Property at locations that are described in the Declarations. The loss or damage must be caused by or result from a Covered Cause of Loss. If you are a tenant, your location is the portion of the building which you rent, lease or occupy, including: (1) All routes within the building to gain access to the described location, and (2) Your personal property in the open (or in a vehicle) within 100 feet of the described location. The COINSURANCE Additional Condition does not apply as respects this Coverage Extension. We will also pay up to $250,000 in any one occurrence for the actual loss of Business Income you sustain due to the necessary suspension of your operations during the period of restora- tion caused by direct physical loss or damage to any location you acquire, other than fairs or exhibitions. Insurance under this Coverage Extension for each newly acquired location will end when any of the following first occurs. " (1) This policy expires, (2) 180 days expire after you acquire or begin to construct the property; or (3) You report values to us. The following definitions are added as respects this Coverage Extension: (1) 'Business Income" means the: (a) Net income (net profit or loss before income taxes) that would have been earned or incurred', and (b) Continuing normal operating expenses incurred, including payroll. (2) "Operations" means the type of your business activities occurring at the described loca- tion(s). (3) 'Period of Restoration" means the period of time that', (a) Begins 72 hours after the time of direct physical loss or damage for Business Income coverage caused by or resulting from a Covered Cause of Loss at the described locations, and (b) Ends on the earlier of: (i) The date when the property at the described locations should be repaired, rebuilt or replaced with reasonable speed and similar quality, or (ii) The date when business is resumed at a new permanent location. Period of Restoration does not include any increased period required due to the enforce- ment of any ordinance or law that: (a) Regulates the construction, use or repair, or requires the tearing down of any prop- erty; or (b) Requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants'. The expiration date of this policy will not cut short the period of restoration. © 20151-iberty Mutual Insurance CID 90 00 01 15 Includes copyrighted material of Insurance Services Office, Inc.,with its permission, Page 14 of 17 t. Business Income -Utility Services -Time Element We will pay up to $25,000 in any one occurrence for the actual loss of Business Income you sustain at the described location caused by an interruption in utility service to the described location. The interruption in utility service must result from direct physical loss or damage by a Covered Cause of Loss to the following types of property located outside of a covered building described in the Declarations. This Coverage Extension begins 72 hours after such direct physical loss or damage. (1) Water Supply Services, meaning the following types of property supplying water to the described location, (a) Pumping stations; and (b) Water mains. (2) Communication Supply Services, meaning property supplying communication services, including telephone, radio, microwave or television services to the described location such as: (a) Communication transmission lines, including optic fiber transmission lines, (b) Coaxial cables, and (c) Microwave radio relays except satellites. Coverage does not include above ground communication lines. (3) Power Supply Services, meaning the following types of property supplying electricity, steam or gas to the described location: (a) Utility generating plants, (b) Switching stations, (c) Substations; (d) Transformers, and (e) Transmission lines. Coverage does not include above ground transmission or distribution lines. u. Appurtenant Structures You may extend the insurance that applies to Building to apply to your storage buildings, your garages and your other appurtenant structures, except outdoor fixtures, at the described loca- tions. The most we will pay for Building loss or damage under this Extension is $50,000 in any one occurrence. You may extend the insurance that applies to Business Personal Property to apply to such property in your storage buildings, your garages and your other appurtenant structures at the described location(s) The most we will pay for Business Personal Property loss or damage under this Extension is $5,000 in any one occurrence v. Business Personal Property Limit Seasonal Increase The Limit of Insurance for Business Personal Property will automatically increase by 33% to provide for seasonal variations. This increase will apply only if the Limit of Insurance shown for Business Personal Property in the Declarations is at least 90% of your average monthly value during the lesser of: (1) The 12-month period immediately preceding the date the loss or damage occurs, or (2) The period of time you have been in business as of the date loss occurs. w. Employee Tools Coverage You may extend the insurance that applies to your Business Personal Property to apply to loss or damage by a Covered Cause of Loss to tools owned by your employees while used in your business or when in your building. However, we will not pay for a loss that is caused by or results from theft or attempted theft of employee tools unless such loss occurs: (1) In a'building and there is visible evidence of forcible entry to or exit from that building; or © 2015Liberty Mutual Insurance CP 90 00 01 1s Includes copyrighted material of Insurance Services Office, Inc with its permission. Page 15 of 17 (2) From a locked vehicle and there is visible evidence of forcible entry. The value of Employee Tools will be determined at actual cash value as of the time of loss or damage. The most we will pay with respect to employee tools is $25,000 in any one occurrence. Coverage provided under this Coverage Extension is subject to a Deductible equal to the Property Deductible shown in the Declarations. B. The second paragraph of Section C. LIMITS OF INSURANCE of the BUILDING AND PERSONAL PROP- ERTY COVERAGE FORM and the CONDOMINIUM ASSOCIATION COVERAGE FORM is deleted and replaced by the following_ Signs The most we will pay for loss or damage to outdoor signs is $10,000 per sign in any one occurrence. C. The following is added to Section D. DEDUCTIBLE, of the BUILDING AND PERSONAL PROPERTY _ COVERAGE FORM and the CONDOMINIUM ASSOCIATION COVERAGE FORM: Special Deductible Provision We will deduct from any loss or damage under the Coverage Extensions in any one occurrence the Deductible shown in the Declarations or $500, whichever is less. This deductible applies to all Coverage Extensions, except for: a. Newly Acquired or Constructed Property, and e. Outdoor Property i. "Cellular Phone" coverage has a$50 per occurrence deductible. This deductible will be used to satisfy the requirements of the deductible in the Declaratio ns, but it will not increase the deductible shown in the Declarations. D. The following changes apply to Section E. Loss Conditions of the BUILDING AND PERSONAL PROP- ERTY COVERAGE FORM: 1. The following is added to Paragraph 17. Valuation Undamaged Tenants Improvements and Betterments We will determine the value for Undamaged Tenants Improvements and Betterments as included in section A.3. of this endorsement as follows: (a) The cost to repair or replace on the same or another site if you make repairs promptly, (b) A proportion of your original cost if you do not make repairs promptly. We will determine the proportionate value as follows: (i) Multiply the original cost by the number of days from the loss or damage to the expiration of the lease, and (i i) Divide the amount determined in (i) above by the number of days from the installation of improvements to the expiration of the lease. If your lease contains a renewal option, the expiration of the renewal option period will replace the expiration of the lease in this procedure. E. Coinsurance Section F. ADDITIONAL CONDITIONS, Paragraph 1. Coinsurance of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM and the CONDOMINIUM ASSOCIATION COVERAGE FORM applies only when the total loss or damage to all Covered Property in any one occurrence is greater than $10,000. F. Back-Up Of Sewers Or Drains Paragraph B.1.g.3. Water of the CAUSES OF LOSS - SPECIAL FORM is deleted and replaced by the following: 3. Except as provided under the Back-Up of Sewers or Drains Additional Coverage Extension, water that backs up or overflows or is otherwise discharged from a sewer, drain, sump, sump pump or related equipment, The following is added to Section F. Additional Coverage Extensions of the CAUSES OF LOSS - SPECIAL FORM: © 2015 Liberty Mutual Insurance CP 90 00 01 15 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 16 of 17 4. Back-Up Of Sewers Or Drains We cover direct physical loss or damage caused by water. a. Which backs up into a building or structure through sewers or drains which are directly connected to a sanitary sewer or septic system, or b. Which enters into and overflows from within a sump pump, sump pump well or other type of system designed to remove subsurface water which is drained from the foundation area.. This coverage does not apply if the loss or damage is caused by your negligence. The most we will pay for loss or damage under this Coverage Extension is $25,000 in any one occurrence. If the DISCHARGE FROM SEWER, DRAIN, OR SUMP (NOT FLOOD-RELATED) endorsement is attached to and made a part of this policy, the provisions of this Coverage Extension are super- seded for any location to which the aforementioned endorsement applies. All other terms and conditions remain unchanged. © 2015 Liberty Mutual Insurance CP 90 00 01 15 Includes copyrighted material of Insurance Services Office, Inc.,with its permission, Page 17 of 17 COMMERCIAL PROPERTY CP 90 59 12 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, IDENTITY THEFT ADMINISTRATIVE SERVICES AND EXPENSE COVERAGE This endorsement modifies insurance provided under the following: BUILDING AND PERSONAL PROPERTY COVERAGE FORM The following is added to paragraph A.4. Additional Coverages: IDENTITY THEFT ADMINISTRATIVE SERVICES AND EXPENSE COVERAGE We will provide "Identity Theft Administrative Services" and will reimburse up to $25,000 for "Identity Theft Expenses" incurred by an "identity theft insured" as a direct result of any one "identity theft" in the coverage territory" if all of the following requirements are met: 1. The personal identity of an "identity theft insured" under this policy was the subject of an "identity theft"; and 2. Such "identity theft" is first discovered by the "identity theft insured" during the policy period for which this Identity Theft Expense Coverage is applicable; and 3. Such "identity theft" is reported to us as soon as practicable but in no event later than 60 days after it is first discovered by the "identity theft insured"; and 4. The "identity theft insured" reports the "identity theft" in writing to the appropriat a law enforce- ment agency. Any act or series of acts committed by one or more persons, or in which such person or persons are aiding or abetting others, against an "identity theft insured" is considered to be one "identity theft", even if a series of acts continues into a subsequent policy period. LIMITS Regardless of the number of claims or "Identity Theft Insureds", the most we will pay in the aggregate for all "identity theft expenses" resulting from "identity theft" discovered during the policy period is $25,000. 1. The $25,000 Identity Theft Expense Limit shall be reduced by the amount of any payment made by us under the terms of this insurance. If the Identity Theft Expense Limit of Insurance is exhausted, we will have no further liability to pay for loss which may be discovered during the remainder of the policy period. 2. Any recovery made by us after settlement of a loss covered by this insurance shall not be used to increase or reinstate the Limit of Insurance. 3. "Identity Theft Incident Administrative Services" is provided up to 12 consecutive months after service begins. 4. "Identity Theft Administrative Services "do not reduce the "Identity Theft" limit This "Identity Theft Administrative Service" and "Identity Theft Expense" Coverage is additional insurance. EXCLUSIONS The following exclusions are added to the applicable Cause of Loss Form shown on the Declarations. We do not provide "Identity Theft Administrative Services" or cover "identity theft expenses": 1. Incurred as the result of "identity theft" due to any fraudulent, dishonest, or criminal act by you, your partners, employees, members, "executive officers", managers, directors, or trustees or by any authorized representative of yours, whether acting alone or in collusion with others. In the event of any such act, no "identity theft insured" is entitled to "identity theft expenses", even an "identity theft insured" who did not commit or conspire to commit the act causing the "identity theft". © 20121-iberty Mutual Insurance CP 90 59 12 12 Includes copyrighted material of Insurance Services Office, Inc,,,with its permission, Page 1 of 3 2. Arising out of "identity theft" committed by or with knowledge of any relative or former relative of the "identity theft insured 3. Arising out of an "identity theft" first discovered by the "identity theft insured "prior to the policy period or after the policy period, even if the "identity theft" began or continued during the policy period. 4. Arising out of an "identity theft" that is not reported to us within 60 days after it is first discovered by the "identity theft insured". DEDUCTIBLE 1. There is no deductible applicable to the "Identity Theft Administrative Services". 2. We will not pay for "identity theft expenses" resulting from an "identity theft" unless the amount exceeds $250, We will then pay the amount of "identity theft expense" in excess of the Deductible Amount, up to the Limit of Insurance. Each "identity theft insured" shall be subject to only one deductible during any one policy period. CONDITIONS The following additional conditions are added for "Identity Theft Administrative Services" and Expense Coverage. 1. The coverage provided under this endorsement will be excess over any other insurance covering the same loss or damage, whether you can collect on it or not, But we will not pay any more than the Identity Theft Expense Limits of Insurance applicable to this coverage. 2. Reimbursement for "Identity Theft Expense" will be made to the "Identity Theft Insured." 3. "Identity Theft Administrative Services" will provide instructions on: a. How to respond to a potential "Identity Theft"; I How to submit a request for "Identity Theft Administrative Services", and c. Information needed for reimbursement of "Identity Theft Expenses". We may provide "Identity Theft Administrative Services" prior to a final determination of "Identity Theft." However, if we determine there was not an "Identity Theft" these services will end and we will not have a right or duty to continue these services. Offering "Identity Theft Administrative Service" does not indicate an admission of liability under this policy. 4. Identify Theft Administrative Services. The following apply with respect to "Identity Theft Admin- istrative Services": a. Services will depend on the cooperation, permissions, and assistance provided by the "Identity Theft Insured", b. There is no warranty or guarantee that "Identity Theft" issues will end and it will not prevent future "Identity Theft" incidences; and c. All services may not be offered or applicable to all "Identity Theft Insureds." For example, minors may not have credit reports available to be monitored. DEFINITIONS 1. "Coverage Territory" means. a. The United States of America (including its territories and possessions), I Puerto Rico, and c. Canada. 2. "Executive officers" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 3. "Identity theft" means the act of knowingly transferring or using, without lawful authority, a means of identification of an "identity theft insured' with the intent to commit, or to aid or abet another to commit, any unlawful activity that constitutes a violation of federal law or a felony under any applicable state or local law. "Identity theft' does not include the fraudulent use of a business name, d/b/a or any other method of identifying a business activity. © 2012 Liberty Mutual Insurance CP 90 59 12 12 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 3 4. "Identity Theft Expenses" means the following reasonable and necessary items incurred as a result of "identity theft a. Costs for notarizing affidavits or similar documents attesting to fraud required by financial institutions or similar credit grantors or credit agencies. b. Costs for certified mail to law enforcement agencies, credit agencies, financial institutions or similar credit grantors. c. Costs for obtaining credit reports, d. Charges incurred for long distance telephone calls to merchants, vendors, suppliers, cus- tomers, law enforcement agencies, financial institutions or similar credit grantors, or credit agencies to report or discuss an actual "identity theft". e. Application fees for re-applying for a loan, or loans when the original application is re- jected solely because the lender received incorrect credit information as a result of a covered "identity theft." f. Lost income resulting from time taken off from work to complete fraud affidavits, meet with or talk to law enforcement agencies, credit agencies and/or legal counsel, up to a maximum of $250 per day. Total payment for loss of income is not to exceed $5,000 per "identity theft insured" and is included within the "identity theft expense" and aggregate limits. g. Attorney fees to a i. Defend lawsuits brought against an "identity theft insured" by merchants, ven- dors, suppliers, financial institutions, or their collection agencies. ii. Remove any criminal or civil judgments wrongly entered against an "identity theft insured", and iii. Challenge the accuracy or completeness of any information in a consumer credit report. h. Advertising expenses to restore the reputation of your business after an "identity theft insured" has been the victim of "identity theft". Total payment for advertising expenses is not to exceed $5,000 per "identity theft insured" and is included within the "identity theft expense" and aggregate limits. 5. "Identity Theft Administrative Services" means one or more individuals assigned by us to the "identity theft insured" to assist with the communication needed to re-establish the integrity of the "identity theft insured's" identity, including with the "identity's theft insured's" permission and cooperation, written and telephone communication with law enforcement authorities, government agencies, credit agencies, and individual creditors and businesses. 6. "Identity Theft Insured" means the following if you are designated in the Declarations as: a. An individual or sole proprietorship, you and your spouse are insureds. b. A partnership or joint venture, your members, your partners, and their spouses are in- sured's. c. A limited liability company, your members are insured's. d. An organization other than a partnership, joint venture, or limited liability company, your "executive officers" and directors are insureds. Your stockholders are not 'identity theft insureds." © 2012 Liberty Mutual Insurance CP 90 59 12 12 Includes copyrighted material of Insurance Services Office, Inc.,with its permission.. Page 3 of 3 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 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 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 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. ability Coverage Form, and IL 01 23 11 13 © Insurance Services Office, Inc., 2013 Page 1 of 1 IL 01 46 08 10 WASHINGTON COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. The conditions in this endorsement replace any 3. We may cancel the Commercial Property similar conditions in the policy that are less 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 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 e a. Written notice by mail, fax or e-mail, of the following conditions exist I 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- 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 a fire, written notice of cancellation, including the actual reason for the cancellation, to c. Because of its physical condition, the 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 been issued for the structure, or it cancellation if we cancel for nonpay-ment of premium; or has been declared unsafe in accor- b. 45 days before the effective date of dance with applicable law, cancellation if we cancel for any oth- 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, 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- ing place operations hazards, a. For Division Two - Equipment Break- 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 rate refund. delivering to the first Named Insured and the first Named Insured's agent or broker b. If: 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 .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 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- 1. We have the right to'. liver this notice at least 20 days prior 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 date. we find, and C. Recommend changes. Page 2 of 4 © 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 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 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 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 renewable and is for a specific line, This Policy 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- ual Named Insured. 2. if 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 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 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 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 nder 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 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- United States of America its ter- aging "waste", 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 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'. IL 01 98 09 08 ©ISO Properties, Inc., 2007 Page 2 of 2 IL 09 35 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTAIN COMPUTER-RELATED LOSSES This endorsement modifies insurance provided under the following: COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART _ CRIME AND FIDELITY COVERAGE PART STANDARD PROPERTYPOLICY o A. We will not pay for loss ("loss") or damage 2. Any device, consultation, design, evalu- caused directly or indirectly by the following. ation, inspection, installation, mainten- Such loss ("loss") or damage is excluded re- ance, repair, replacement or supervision gardless of any other cause or event that con- provided or done by you or for you to tributes concurrently or in any sequence to determine, rectify or test for, any poten- the loss ('loss") or damage. tial or actual problems described in Para- 1. The failure, malfunction or inadequacy graph A.I. of this endorsement. of: B. If an excluded Cause of Loss as described in a. Any of the following, whether be- Paragraph A. of this endorsement results: longing to any insured or to others 1. In a Covered Cause of Loss under the (1) Computer hardware, including Crime and Fidelity Coverage Part, the microprocessors, Commercial Inland Marine Coverage Part (2) Computer application software, or the Standard Property Policy; or (3) Computer operating systems 2• Under the Commercial Property Cover- and related software; age Part: (4) Computer networks; a. In a "Specified Cause of Loss", or in elevator collision resulting from me- (5) Microprocessors (computer chanical breakdown, under the chips) not part of any computer Causes of Loss -Special Form; or system, or b. In a Covered Cause of Loss under the (6) Any other computerized or elec- Causes of Loss - Basic Form or the tronic equipment or compo- Causes of Loss - Broad Form; nents; or we will pay only for the loss ('loss") or Jam- b. Any other products, and any ser- age caused by such "Specified Cause of vices, data or functions that directly Loss", elevator collision, or Covered Cause of or indirectly use or rely upon, in any Loss. manner, any of the items listed in Paragraph A.1.a. of this endorse- C. We will not pay for repair, replacement or ment; modification of any items in Paragraphs A.1.a. and A.1.b. of this endorsement to cor- due to the inability to correctly recognize, rect any deficiencies or change any features, process, distinguish, interpret or accept one or more dates or times. An example is the inability of computer software to recognize the year 2000. IL 09 35 07 02 © ISO Properties, Inc., 2001 Page 1 of 1 IL09620115 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. BOILERAND MACHINERY COVERAGEPART COMMERCIAL INLAND MARINE COVERAGEPART COMMERCIAL PROPERTY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGEPART FARM COVERAGE PART STANDARD PROPERTYPOLICY A. Cap On Certified Terrorism Losses If aggregate insured losses attributable to ter- "Certified act of terrorism" means an act that rorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a calen- s certified by the Secretary of the Treasury, in accordance with the provisions of the fed- dar year and we have met our insurer deduct- weral Terrorism Risk Insurance Act, to be an act e under the Terrorism Risk Insurance Act, of terrorism pursuant to such Act. The criteria portion shall not be liable for the payment a any contained in the Terrorism Risk Insurance Act ceedportion of the amount of such losses that ex- for a "certified act of terrorism" include the losses $ p t billion, and in such case insured following: losses up to that amount are subject to pro rata allocation in accordance with procedures 1. The act resulted in insured losses in ex- established by the Secretary of the Treasury. cess of $5 million in the aggregate, attrib- utable to all types of insurance subject to B. Application Of Exclusions the Terrorism Risk Insurance Act; and The terms and limitations of any terrorism ex- 2. The act is a violent act or an act that is clusion, or the inapplicability or omission of a dangerous to human life, property or in- terrorism exclusion, do not serve to create frastructure and is committed by an in- coverage for any loss which would otherwise dividual or individuals as part of an effort be excluded under this Coverage Part or Poli- to coerce the civilian population of the cy, such as losses excluded by the Nuclear United States or to influence the policy or Hazard Exclusion or the War And Military Ac- affect the conduct of the United States tion Exclusion. Government by coercion. IL 09 52 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 1 • xl: "�d: 'S W FI IIV IV S IU FI '„ r' .•.W SIP .. � m ✓imm IR �Ie W. e x I i.i i i..W. II � w imllui IW ° „. Ili wo ry �oo, III Ilm �' �4� V ������.�II x�l�pli.Itl � II�� W I ..., �'V -.a a� W�„�M I k � II I•II 611 •' p� '. II e, um IIIU'•me���I ti � ., .,, �I n w mw w Im 4�Ip xe u � XJ 14w®i .a n ml I au uu m mm , lip L..WON M , AUTO. uun II ,, ^4��00Yoml%l p y+'y WASHINGTON To: Tim LaPorte, Public Works Director From: April Delchamps, Senior Transportation Planner Through: Kelly Peterson, Transportation Manager Date: December 21, 2017 Subject: Traffic Counts for the Transportation Master Plan (TMP) Background Information When developing our existing Transportation Master Plan (TMP), which was adopted in 2008, the City used traffic volumes during the PM peak hour (typically 4:30 to 5:30 pm) at 71 intersection's to determine how well the street network works, at those times when it serves the greatest number of vehicles. For the 2015 comprehensive plan update, the TMP was also updated with 1 hour PM Peak counts at the same 72 intersections. For the 2018/2019 TMP update at a minimum intersection counts at those same 72 intersections need to be updated in order to ensure accurate model calibration and validation. In addition, four intersections were added to the list in areas with traffic pattern changes. Another looming issue that affects our ability to compete for regional funding and negatively affects our regional credibility is the lack of recent average Daily Traffic (ADT) volumes for major corridors in Kent. The last system-wide counts collected are from 2006 with spot ADT volumes collected on a couple of roadways. The spot counts primarily relate to Neighborhood Traffic Calming efforts, so the ADT is along a local roadway rather than a major travel corridor. At almost 12 years old utilizing these counts to support decisions is problematic. There are a total of 165 locations necessary to produce the corridor travel data from 2006. While 72-hour ADT counts are being collected, it is advisable to collect freight information to determine both the number of trucks utilizing Kent's roadway network and the roadways with a high percentage of trucks. The additional information can be obtained for a much lower cost when collected in conjunction with 72-hour ADT. I received the bids from following three companies: All Traffic Data, Traffic Count Consultants, Inc., and Traffic Data Gathering. The midweek 72 hour counts were selected over 24 hours to ensure a more accurate 24 hour traffic count using the average of three 24 hour counts. This averages individual day variations due to incidences and other day specific trips. All Traffic Data: Contact - Eric Boivin (303) 216-2439 • $74.50 per location for each 2-Hour PM Peak count. $5,513 total (before tax) for 2-Hour PM Peak at 76 intersections. The data will be collected using video and include 3 classes of vehicles. Pedestrians and bicyclists will be counted on crosswalk by direction only. $100.00 per location for each 72-hour ADT count. $7,500 total (before tax) for 72-hour ADT count at 75 locations. • $150.00 per location for axle classification (trucks). $11,250 total (before taxes) for the axle classification. The total per location for 72-hour ADT and axle classification (truck) is $250 per location. + The total quote is $24,412. Traffic Count Consultants. Inc.: Contact —Jennifer Hodge (253) 770-1407 • $105.00 per location for each 2-Hour PM Peak count at single intersections. $5,355 total (before tax) for 2-Hour PM Peak at 51 intersections. TC2 also collects pedestrians by crosswalk and direction plus bicycles and heavy vehicles are counted by roadway approach. • $185.00 per location for each 2-Hour PM Peak count at double intersections. $4,625.00 total (before tax) for 2-Hour PM Peak at 24 intersections. TC2 also collects pedestrians by crosswalk and direction plus bicycles and heavy vehicles are counted by roadway approach. $160.00 per location for each 72-hour ADT count AND axle classification (trucks). $12,000 total (before tax) for 72-hour ADT count at 75 locations. The total quote is $19,782 reflecting a 10% discount due to the size of the project. Traffic Data Gathering: Contact - Carla Nasr (425) 334-3348 + $65.00 per location for each 2-Hour PM Peak count. $5,590 total (before tax) for 2-Hour PM Peak at 76 intersections. • $85.00 per required counters with 150 counters required. $12,750 total (before tax) for 72-hour ADT count at 75 locations. The total quote is $18,340. After reviewing each of these bids we selected Traffic Count Consultants, Inc. for three major reasons, first their methodology for collecting axle classification (see attached white paper), second, their ability to count bicycle roadway approach, and third, the firm is DBE and WBE certified. Another consideration was cost. Traffic Count Consultants, Inc. were the lowest bid with bicycle counts included in the 2- hour PM Peak counts. After review, 90 additional locations were identified as crucial to completing the 24- hour ADT corridor analysis in 2006. The final quote from Traffic Count Consultants, Inc. is as follows: • $105.00 per location for each 2-Hour PM Peak count at single intersections. $5,355 total (before tax) for 2-Hour PM Peak at 51 intersections. TC2 also collects pedestrians by crosswalk and direction plus bicycles by roadway direction. $185.00 per location for each 2-Hour PM Peak count at double intersections. $4,625.00 total (before tax) for 2-Hour PM Peak at 24 intersections. TC2 also collects pedestrians by crosswalk and direction plus bicycles by roadway direction. $160.00 per location for each 72-hour ADT count AND axle classification (trucks). $26,400 total (before tax) for 72-hour ADT count at 165 locations. The total quote is $32,742 reflecting a 10% discount due to the size of the project. Attached is the white paper supporting their methodology for collecting freight and the scope of work submitted by Jennifer Hodge from Traffic Count Consultants, Inc. April Delchamps