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HomeMy WebLinkAboutPW15-018 - Amendment - #3 - Natural Systems Design, Inc. - Clark Springs Habitat Conservation Measures - 12/18/2018 �41T Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Cleric's Office. Ali portions are to be u)mpleted. If you have questions, please contact the City Clerk's Office at 253-856-5725. Vendor Name: Natural Systems Design Vendor Number (JDE): Contract Number (City Clerk): Yv tu- 320- oG3 Category: Contract Agreement Sub-Category (if applicable): Amendment Project Name: Clark Springs Habitat Conservation Measures Contract Execution Date: 12/18/18 Termination Date: 12/31/19 PW: Engineering Contract Manager: Richard Schleicher Department: g g Contract Amount: $0 Budgeted: ❑✓ Grant? Part of NEW Budget: Local State: Federal: Related to a New Position: Basis for Selection of Contractor? Other Approval Authority: ❑✓ Director F] Mayor City Council Other Details: Extend the time of completion to December 31, 2019 due to ---�_,.. ......_....—........ authorization to construction Habitat Conservation Measure 3 was suspended by King Co which delayed th e implementation of the project. KENT AMENDMENT NO. 3 NAME OF CONSULTANT OR VENDOR: Natural Systems Design CONTRACT NAME & PROJECT NUMBER: Clark rin s "okbitat Conservation MCpsures ORIGINAL AGREEMENT DATE: January 26, 2015, This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: The scope of work remains the same, however an amendment is necessary to extend the time of completion to December 31, 2019 due to authorization to construct Habitat Conservation Measure 3 was suspended by King County, which delayed the implementation of the project. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: ........... .............. ......----- ........ ......... _..... Original Contract Sum, $73,890.00 including applicable WSST Net Change by Previous Amendments $49,434.00 including applicable WSST -......--- ....._ _... _.._.._ _._2 — Current Contract Amount $1 __323,___. ......_324.00 including all previous amendments ....... - ..___ _........—---------- ........... _ Current Amendment Sum $0 ...._......_� .......... _. — ..m..... _...... _� ........... .._.. Applicable WSST Tax on this $0 Amendment Revised Contract Sum $123,324.00 AMENDMENT - 1 OF 2 Original Time for Completion ------ 11/15/16 ..........., (insert date) Revised Time for Completion under 12/31/18 prior Amendments (insert date) Add'I Days Required (t) for this 365 calendar days Amendment Revised Time for Completion 12/31/19 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: By: By (sogn7ktrFe) 6! nature) Print Name ,K kJxA. -urx -c- . - Print Name:_TirvaothJ LaPorte, P.L. Its........ . S , nc �? — Its Public Works Director (true) (6 ) DATE: �2 - iW - ldo DATE: ,?- � ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent City Clerk Kent Law Department Natural Systems 0e111n Clerk Spdnys Amd 3/S1hlel11,, AMENDMENT - 2 OF 2 �►C` CERTIFICATE OF LIABILITY INSURANCE - 0510912018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS ",RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES :LOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate hallCler Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such end!orsomerotfsJ. PRODUCER C RUA T NRG Insurance NRG Insurance NAMEPHONE --� -------- ..... . (206)363-1110Arc, CNE _ " FA''Ap -B�L—22"06)363-2044P0 Box 34626#15043 Da 07ADRESS 24629 INSURERi SI AFFORDING COVERAGE NAIC0 Seattle WA 96124-1eze INSURER q; Ohio Security Insurance Company 24082 INSURED "IN"'-'—'- _NCO _ INBURE0.B�, Gho Cas Uaty InsNfancB Co, 24074 Natural Systems Design Inc C Sc Schinnerer&Com an INSURER C: P Y 1900 N Northlake Way Ste 211 "'" ""-- "--------- INSURER D INSURER E Seattle .._.�._..... ...... ....._...." WA 98103 -. 1±4SUREn.F: COVERAGES CERTIFICATE NUMBER: CLIB5902545 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LYn TYPE OFI NSURANCE P7$LIR YY F LIE,"Y�E -^'""""..""— .....—""-.....--- --.._...�„",_,- , 'I Wr(f� POLICY NUMBER fNFMfnOfYYb'YU"1tAiFEfU[YPIYYY, LIMITS COMMERCIALGENERgL LIABILITY ""�� """""'�—"" "� - EACHY'ALSUAREN{E $ 2,000,000 CLAIMS MADE OCCUR T�RF171111- 2,000,000 ."T FTEM-as9Ga r,.rrurrorec.-"L..__ "$........_..._.�._...".... A _._-._.._........�_" -_ MCD PXP fAn orR,wuraa�n.. g 15,000 Y BZS55573742 ,-..." 05117/2016 05/17I2019 -GGREGA..."'"—PLIE"—........—. wPN BGNAu,a AliV UW.IURY t, 2.000,000 +ENI A(w;RE4ATE LIMIT APPLIES PER: Ye ICY PRU- Cf"NEAAL:MGCHt .......gym g 4,000,000 y C_�JECT LOG allf¢it Additions (5)MAriCdRAGG 6 4,000,000 rV FOa0a1LE LIABILITY �----�--- C"D0.1 Liability &YNEIS$INCLEL.INRIT '" "..."" ANY p,utO "tk xaar,,,`ndnnt�. 5 2.000,000 BUOILY INJURY(Parpersurp 5- AUTOS Y BZS55573742 A 'AUTOS ONLY SCHEDULED Ub/77/2018 05/1712018 BODILY INJURY/Psrecdtlen17 S w., HIRED NUIJ-OWNED AUTOS ONLY AUTOS ONLY IF PEH'rV fYAJsiAGE ...... Par acbdani �, s ._...�y—,l� UMBRELLA LIAR -----.- occuR 2,006,DDD B EXCESS LIA9 US055573742 NACHOCCoRrdENC, s „C.LAIMSMH DL, 05M7/2018 05H7/2019 A6f RF:GAV&: s 2 000 000 _ f)EO X,.RETEN11tYN $ WORNERSCOMPENSA-ON ...".—�. .-- _.[EEH591875018 ®..`.....^...'....�._., y PEPS"._.� ,._.." _..—..,_.."__.. AND EMPLOYERS'LIq BILITY YIN r OiH R R C"ICI ]PSMVP,RrEXCLUDENF�XECBP'1NE 2,000,000 .. fJPi'ICEFlrtMEMInFq EXCLUDED' �� Nfq 65573742 Sbp Gap 05117l2018 05/17/2019 E0. IAOH ACCIDUNr p (Mwndatmry In NHI ❑y s tleealbe OF O E ILAISE�aSE-CA PMP$,OYDE 1- 2 000 000 C1ES('RaPTIION CF'OPERATIOIu$Wpprry 2,000,000 B.U PISE?A8G�RP}LYL"h'G,IMYT b C , Pr0(BsslOna Liability ����-" 05/17/2016 05/17/2019 Per Claim $3,000,000 ------- __ Annual Aggregate $3,000,000 DESCRIPTION OF OPERATIONS f LOCATIONS y VEHICLES (AWRD 101,Additional Remarks Schedule,may be s[tacbetl if mare space Is reQulmtlJ City of Kent Is added as additional insured as respects to work preformed by or on behalf ofthe insured Coverage is primary and non-contributory..waiver — of'subrogation applies, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE;THEREOF,NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South F AUTHORIZED REPRESENTATIVE Kent WA 98032 /J . ,rr 4 1 I•IAOrutry ACORD 26(2016103) ©1886-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD , II.J;"Y NUMBER: BZS55573742 COMMERCIAL GENERAL LIABILITY CG 20 1010 01 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Clty of Kent 220 Fourth Avenue South Kent, WA 98032 (If no entry appears above information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to (1) All work, including materials, parts or include as an insured the person or organization equipment furnished in connection with shown in the Schedule, but only with respect to I- such work, on the project (other than ability arising cut of your ongoing operations per- service, maintenance or repairs) to be formed for that insured. performed by or on behalf of the addi- B. With respect to the insurance afforded to these tional insured(s) at the site of the cov- additional insureds, the following exclusion is ered operations has been completed; or added: (2) That portion of "your work" out of which 2. Exclusions the injury or damage arises has been put to its intended use by any person or This insurance does not apply to "bodily injury" organization other than another or"property damage"occurring after: contractor or subcontractor engaged in performing operations for a principal as a part of the same project. r Cla,zo 10 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 0 P1Q1 ICY NUMBER BZS55573742 BUSINESSOWHERS BP 04 20 01 10 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE REAL]IT GARIEPULLY. WA HINGTON HIRED AUTO AND NON-OWNED AUTO LIABILITY This endorserrnenl MediE3s insurance Provided under the fatbwir A- SUSINE550WNERS CoVr:RAGE PoRrv1 SCHEDULE - Coverage Additional Premium Hired Auto Liability g Non cwnad Aida Liability ; I�IdrYtitit7n rsguired to cg nplate this Solnd'dCule„ f not Sltown ate, vdll be shdwn in the Deli rA ns. A, lr*buranCe Its prrr*erf only for those cover- s- For insurance provided by this endorsement ayes for which a specific premium charge is only: shown in the Declarations or in the Schedule. 1. Paragraph 8.1. Excluadons ApplictiWe To 1, Hired Auto Liability Business Uablity Coverage in Section II- F?aragrapfr A.I. (Business Uablllty In Sec- Liablity, other than Exclusions a., b„ d., tien 11-Liability eppVot to "bod'ify injury' f, and 1, and the Nuclear Energy Liability or 'property damage arising out of the Exclusion, are deleted and replaced by rnaintenwea or use of a -hired auto" by the following: YOU or your 'employees" in the course of a The follawing exclusion applies Only your business- with respect to `bodily infury' to: T. Non-owned Auto Liability, (11 "Employees of the Insured Paragraph A.1. 5ltslne5s I_ EAyi ity in Sec- whose eFnpkymerrt is not wb- den 11 - Liability applies to "bodlly In]uq' loci to the Industrial Insurance or 7PMPedy damage arising put of the riot of Washingttw (WashwngtOn use of any 'non-owned auto' In your ReAsed Coda Tttfe 51}: bustries5 by any person. 'HeimY fuel'in- to: (a} An 'errwloyee" of the in- sured arising out of and gn the inurS8 of: (0 Empioymeni by the In- sured; ar Performing Mies relat- ed 10 the Q00UVQI of the Insured's busirness: err BP 04 20 01.10 10 Insurance Sin as twrog, Ind.. 2009 Page 1 of 3 (b) The spouse, child, parent, (it) "Bodily injury" arising; brother or sister of that "em- out of and in the course ployee" as a consequence of of domestic employ- (a) above. ment by the insured un- less benefits for such in- jury are in whole or in (1) Whether the insured may be part either payable or liable as an employer or in required to be provided any other capacity; and under any workers' (2) To any obligation to share compensation law. damages with or repay b. "Property damage" to: someone else who must pay damages because of the in- (1) Property owned or being trans- ported by, or rented or loaned to, the insured; or This exclusion does not apply to: (2) Property in the care, custody or (1) Liability assumed by the in- control of the insured. sured under an "insured Sec- contract"; or 2. Paragraph C. Who Is An Insured in Sec- tion II -Liability is replaced by the follow- (2) "Bodily injury" arising out ng: of and in the course of do- mestic employment by the 1. Each of the following is an insured insured unless benefits for under this endorsement to the extent such injury are in whole or set forth below: in part either payable or re- a. You; quired to be provided under b. Any nther person using a "hired any workers' compensation auto" with your permission; law. r, For a "non-nwned auto": (2) "Employees" of the insured (1) A partner or "executive of- whose employment is subject to ficer' of yours; or the Industrial Insurance Act of (2) Any "employee" of yours; Washington (Washington Re- vised Code Title 51): but only while such 'non-owned "Bodily injury" to an "employ- auto" Is being used in your busi- es" of the insured arising out of ness; and and in the course of: d. Any other person or organiza- (a) Employment by the insured; lion, but only for their liability because of acts or omissions of or (b) Performing duties related to an insured under a., b. or c. above. the conduct of the insured's business. 2. None of the following is an insured: This exclusion applies to any ob- a. Any person engaged in the busi- ligation to share damages with ness of his or her employer for or repay someone else who "bodily injury" to any cc"em- must pay damages because of ployee" of such person injured the injury. in the course of employment; This exclusion does not apply to: b. Any partner or "executive offi- cer" for any "auto" owned by (i) Liability assumed by the nsured under an "in- such partner or officer or a mem- ber of his or her household; sured contract"; or c. Any person while employed in or otherwise engaged in duties in connection with an "auto business", other than an "auto business" you operate; Page 2 of 3 6 Insurance Services Office, Inc., 2009 BP 04 20 01 10 d. The owner or lessee (of whom D. The following addllional de0nihcros apply; yw are a 5uble5ree) of e "hired 1, "Auto business' means the business or auto" oe the ownw of a "non- occupation of selling, repairing, service owned auto' or any agent or in storih or 'employee" of any such owner 9 9 " � or k5see; W 2. "Wired auto means any auto" you pease, hire, rent or barrow. This does not a. Any person or organization for en[.lud9 any `auto" you taase, hire, rant the conduct of any current or or barrow from any of your 'employees', past partnership of jaunt venture your partners or your "azatutlyc a7Ti- that is not shown as a Named In- cers" pr members of their housahofds, suracl in the Nadaraflons. 3, "Non-cwried auto' meene any "auto" C, For the purposes of this endorsement only, you do rat cnvn, lease; Irke, rent or bor- ... Paragraph H. Other Insurance in Section Ig = row •(which is used in connection witfi Gammon Policy Condl lions Is replaced by the your business. This Inctuxcas "autos" " - Following: owne-j by you+ 'employees your part- This Insurance is excess oveT any primary ,,fir. nags or your 'executive officers', or surance CUWr:nng the 'hired auto" or ''Mon- members of Ikea hnaseholde, bun orgy owned autowhU used In your business or your per- ', wnaf affairs. lim 9P 04 Z9 01 10 40 Insurance Services C h icn, Inc_r 20(]9 Page 3 of 3 LillI'iw}'' esuaakce Policyholder Information Named lesamid A M"Ing Addr Aysnt MAffla0 Aidress&thaee Mo. NAFLIRAL SYS11NIS DESIGN INC Mo) 361-I110 10011 N Norlhlake Way .Ste ''II NRG INSURANCF Scuttle. LWA rJ 103 PO 13OX 34628 0151y23 SF.AMi F, WA 991?4I 161K J)€ar P81l1t.yfr(rhite'f; a 14'e $tarty y��rr t ork 14r�d r�'i I,,uild 11c" r helsirbe 1V Vv cog tl�e-r with y'tiila ;i XRG INSURANCE aft 363-1110 dry herp protQ4t rho things poi c4rry Abort, Tlimk yccti fees selecting Us. Enckx,d are your insurance &cumcnL ctxui;tiar_g nt': Commercial Umfrrello To find your limits of irlsi.ir cc and premium plet�w refer Ick yteut fleclflrrtion pragc(s). Please refer to your policy for specific coverages. If 5-uu have any qurstiws or changes thal may affect your ietsurancs needs, ptcasc contact yoiir Agent ul (e06) 363-1 I II) Verify rist all information incorrect If you hays any changers, phase contact your Agent at {T.q6) 163.1110 iteminderS In cat,c of m craim, call your Agent or 1-800-361-WID You Need To Know CONTINOF..D ON NEXT P,' C.F TO repprf 2k ckdm, tiff your Ager}f or Tipp-M2.00W a:S 70 20 01 68 You Need To Know - continued • NOTICE(S) TO POLICYHOLDER(S) The Important Notice(s) to Policyholder(s) provide a general explanation of changes in coverage to your policy. The Important Notice(s) to Policyholder(s) is not a part of your insurance policy and it does not alter policy provisions or conditions. Only the provisions of your policy determine the scope of your insurance protection. It is important that you read your policy carefully to determine your rights, duties and what is and is not covered. FORM NUMBER TITLE NP 73 12 01 15 Terrorism Insurance Premium Notice And Opportunity To Reject NP 75 65 05 09 Important Notice To Policyholder - Recording and Distribution Of Material Or information in Violation Of Law Exclusion NP 89 71 09 10 Important Policyholder Information Concerning Billing Practices Liberty Northwest NP 93 58 07 14 Notice to Policyholders Commercial Umbrella Multistate Forms Revisions NP 99 99 02 16 Important Notice to Policyholders Amendment of Aircraft Exclusion • This policy will be direct billed. You may choose to combine any number of policies on one bill with your billing account. Please contact your agent for more information. 4 .'201r, Fi cn7 LI /17,±2�i5 TC C5;'1?i201 13 0 H N hIake Way -tom 91� Searcle, WA 3,_.103 mom t24nY Sh3-111v mom '0 9':7:X 34151:8 NIyild5 SCAT-TT S'dA :=,121-1623 TERRORISM INSURANCE PREMIUM DISCLOSURE AND OPPORTUNITY TO REJECT This native contains Important infonmation about the Terrorism Risk tnsuranrq Act and its effect on your policy. Pleaso road it carefully. THE 1E889RI9I R1S6 INSURANCE ArT, The Terroriser Risk Insurance Act• including all amendments CTRIA" ar the "Act"), a'statplishes a pragism to spread the risk of catastrophic losses from certain acts of terror m between Insurers and the federat government. If as individual insurer's losses from Ourtified acts of tem+xism exceed a specified deduotilpde amount, the government will reimburse the insurer for a percentage of losses (the "Federal Share") paid in excess of the d�eduelible, but Only if aggregalte industry losses from such acts exceed the 'Program Trig- ger". An Insurer that has met Its Insurat deductible is not Ifable Fax any tporliani of in excess of $100 pillion per year. Similarly, the federal government is rwtrl liable, for any lasses oovered by the Act that exceed This amount. If aggrepale insured losses exceed $1001 billion, losses up to that amount may be pro-rated, as determined by the Secretary 4f the Treasury. The faddral Shara and PnSgram Trigger by calendar year are: Calendar Year Federal Share Program Tri9ger 2015 a5�ro 1 $1fl©.000,000 2016 846e, $120e000,OW 2017 83% $140,000,001) 2019 81% $18d,fl07,f)00 2020 80% $200,000MANDATOR R "CERTIFIED ACT OE-TERRORISM" AND DI .040 MIUM F ME TRIA requires IrLcurers to make coverage avallable for any loss that occcx3rs within the United States (or ❑ulside at the 11.5. in the case of U.& mission-$ and certain air carriers and wesselsj, results from a`certified act of terfadrn' AND that is otherwise covered under your pollcy. A 'cerffed act ofterronsrn" means [A]ny acl That is certified by the Secretory [of the Treasury L in consultation with the Secretary of Homelarnd Security, and the Attorney Gmersl of the United Slates. (i) to be an act of terrorism; NP 73 12 01 15 ID 2013LitertyMutual insurance Page 1 of 2 (0) to be a violent act or an act that is dangerous to (1) human life; (II) property; or (III) infrastructure; (iii) to have resulted in damage within the United States, or outside of the United States in the case of (1) an air carrier (as defined in section 40102 of title 49, United States Code) or United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States); or (11) the premises of a United States mission; and (iv) to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. REJECTING TERRORISM INSURANCE COVERAGE -WHAT YOU 'MUST DO We have included in your policy coverage for losses resulting from "certified acts of terrorism" as defined above. THE PREMIUM CHARGE FOR THIS COVERAGE APPEARS ON THE DECLARATIONS PAGE OF THE POLICY AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOV- ERNMENT UNDER THE ACT. If we are providing you with a quote, the premium charge will also appear on your quote as a separate line item charge. IF YOU CHOOSE TO REJECT THIS COVERAGE, PLEASE CHECK THE BOX BELOW, SIGN THE ACKNOWL- EDGEMENT, AND RETURN THIS FORM TO THE ADDRESS BELOW: Please ensure anv rejection Is received within (30) days of the effective data of vour pnllc Before making a decision to reject terrorism insurance, refer to the Underlying Coverage Requirement Inrated at the end of this Notice. ❑ I hereby reject this offer of coverage. 1 understand that by rejecting this offer, 1 wiii have no coverage for losses arising from a"certified acts of terrorism" and my policy will be endorsed accordingly. Policyholder/Applicant's Signature Print Name Date Signed Named Insured Policy Number NATURAL SYSTEMS DESIGN INC US0 (17) 55 57 37 42 Policy Effective/Expiration Date From 05/17/2016 To 05/17/201? UNDERLYING COVERAGE REQUIREMENT This policy will apply to Terrorism Coverage only in excess of the total amounts stated as the applicable limits of the underlying policies listed in the Schedule of Underlying Insurance and the applicable limits of any other insurance providing coverage to you during the Policy Period. If you fail to comply with this Underlying Coverage Requirement and you do not maintain your underlying limits as scheduled, we will only be liable to the same extent that we would have been had you fully complied with this requirement. IF YOU REJECTED THIS COVERAGE, PLEASE RETURN THIS FORM TO: Attn: Commercial Lines Division -Terrorism P.O. Box 66400 London, KY 40742-5400 The summary of the Act and the coverage under your policy contained in this notice is necessarily general in nature. Your policy contains specific terms, definitions, exclusions and conditions. In case of any conflict, your policy language will control the resolution of all coverages questions. Please read your policy carefully. If you have any questions regarding this notice, please contact your agent. NP 73 12 01 15 B 2015 Liberty Mutual Insurance Page 2 of 2 a NP 75 65 05 09 IMPORTANT NOTICE TO POLICYHOLDER RECORDING ,AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAIN EXCLUSION This Notice aVlains changes in your Commercial Umbrella or ExrAss Liability Coverage. It contains 3 bhof Summary of significant revisions and must be reviewed in confunction wW) your pfevioe,ls and renewal policiGr to refergnC9 the endorsements d®srribad herein. This Notice does not form a part of your insurance contract. rho coverage Is prowrded by this hHnt ee, rror can a be consimed to replace an provisions of y p your policy (including its endorsements). If there is any conflict behwwn this Notice and tine prilcy {indurling Its endorssmrents), the provisions of the policy (including its endorsements) shall prevail. Carefully read your policy, including the endorsamenig attached to your policy. YOut policy is being renewed with one of (he following: s The Exclusion - Recording And Distribution Of Material Or Information In Violation Of Law endbrse- rnant CLI 64 79 05 09 which modifes [be Comnnercial Umbrella Coverage Form; or s The Alaska Exclusion - Recording And Distribution Of Material Or InforrinWon in Violation Of Lave ardorsament CU 88 08 05 09 which modifies the Commercial Umbrella Coverage Form; or a The Exclusion - Recording And Distribution Of Maierlat Or information In Vloration Of Law endorw-- ment CE 66 34 05 09 which mod6as the ExcaSS Liability Goveraga Form; a! • Alaska Exclusion - Recording And Distribution Of Materiar Or Information In Violation Of Law endorse- ment CE 88 09 05 09 which modifies the Excess Liability Coverage Farm_ The endpusrrnent replaces the current "Exduson - Electronic Dlstributlrun Of Unsolicited Materlar endorse- ment with a revised exclusion, nevAy filled "ExGluSipn - Rearrding And UslfitVtpn Of Material Qr Information In Violation Of Law" endorsement. The mvlsed exclusion contains language that elaborates on the- intent of the Qistrfbutim Of Material In Violation Of $tatutes Exclusion to rellect that, in addition to the TCPA and CAN-SPAN( Act of 215M, the exclusion will more explicitly exclude liability coverage for bodily injury, property damage of per2pnal and advertising injury arising riot of arty action or omission that ululates, or Is alleged to violate, the Falr Credit Reporting Act (KRA), and any amendment of of addition to such law, including the Fair and Accurate Credit Trangactipne Act (FACTA) and any other similar federal, state or local statute, ordinance cr regulation c4mcernIN dispose and dissemination of personal infor na- tion_ r 2010Liberty Ni--jkual lnswanceCompeny.A nghts raserse:l. NP 75 65 05 09 InUudes capydahted material of Insursncp Senecas Oft-,Inc.,wrth as permisalcrf. Page 1 of I NP 89 71 09 10 IMPORTANT POLICYHOLDER INFORMATION CONCERNING BILLING PRACTICES Dear Valued Policyholder: This insert provides you with important information about our policy billing practices that may affect you. Please review it carefully and contact your agent if you have any questions. Premium Notice: We will mail you a policy Premium Notice separately. The Premium Notice will provide you with specifics regarding your agent, the account and policy billed, the billing company, payment plan, policy number, transaction dates, description of transactions, charges/credits, policy amount balance, mini- mum amount, and payment due date. This insert explains fees that may apply to and be shown on your Premium Notice. Available Premium Payment Plans: Annual Payment Plan: When this plan applies, you have elected to pay the entire premium amount balance shown on your Premium Notice in full. No installment billing fee applies when the Annual Payment Plan applies. p 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 instailment(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 2 2010 Liberty Mutual Insurance Company.All rights reserved. Page 1 of 1 NP 93 58 07 14 IMPORTANT NOTICE TO POLICYHOLDERS COMMERCIAL UMBRELLA MULTISTATE FORMS REVISIONS Dear Valued Pclicytualder, Thank you for selecting us as your carrier for your commercial umbrella in&ararHe, This notu-e contains a brief summary cif the coveraga changes m.2de to your policy. These changes primarily result from revisions in underlying policy fomas. The c:tanges outfined I--Irnv are organized into three general categories: Professional Seryice5 Exolusipna; _ Auto, Aaeraft and Watercraft Exelusloris: and CYlher Changes. Please note that not all of the endorsements = noted rnaV apply to yqur specific policy. In addition, this nc4iue dries not refefeuQe every editorial change made to the enrlarscrrvent or coverage fiyrn, cnry material (or significant) ircuerage changes. Now PGease read your policy and re-slew ycur Deolaratlons page for r_c iplw a coverage Informalicni. No coverage is provided by this notfoe, nor can it he construed to replaesu any provisions of your policy, If there are discrepanciius bctrreari your policy and this notice, the provislons of the policy shall prevall, Should you nave quezforrs after reviowing Cho changes oautflned below, plaase contact your indepandwit agent, zh4nk you for your qusine�ss, SUMMARY Or POLICY CHANGES PROFESSIONAL SERVICES EXCLUSIONS The following endorsements are revised to expressly address, in part, claims alleging 116gligance or other wrongdoiN in the hiring, employment, training, supervision or mort1oring of others by any insured: ♦ CU 011 213 07 14 Professlonal Liability -Following Form • CU 00 60 07 14 7elecommunicallon Equipment Or Service Providers Errors And Omissions Exclu- sion w CU 60 63 07 14 Medical Professional Services ExClusl o • CU 60 69 07 14 Medical Profassional Services -Following Forth • CU 60 77 07 14 Texas -Insurance Company As Named Insured • CU 615 81 07 14 Specified Professional Liability Exclusion s CU 60$3 07 14 L.oufslana -Schools Or Coireges Lknitaticn • CU 61 15 07 14 Engimom, Architects Or Surveyors Profosskmal Liability Exclusion • CU 61 16 0714 Exclusion Of Insurance Agents' And Brokers' Errors And Omissions • CU 61 19 07 14 Insurance Company As Named Irrsured Limitation • CU 61 33 07 14 Professlonal Liability Excluslon • CU 6137 07 14 11t0al Estate Agents And Brokers Errors,And OmEssions 1=xclusion And Limitation • CU 61 34 0714 Schools Or Collages Limitation (AtMetfcs Exclusion) • CU 63 15 07 14 Professional Liability -Law Enforesm nt Exclusion w CU 63 16 07 14 Professlorcal Liabiffty - Emergency Medical Technicians, Armbulance Drivers And Attendants Exclusion sw CU 63 18 07 14 Schools Or Colleges Limitation (AthIetics -Follow Farm) CU 63 97 07 14 Illinois -Insurance Company As Named Insured • CU 64 67 07 14 Exclusion - Internet Service Providers And Intemet Access Providers Errors And Omissions 1r CU 64 70 07 14 Professional Liability Exclusion - Electronic Data Processing Services And Coma puler Consulting Or Programming Sorvices • CU 64 71 07 14 Professional Liability Exclusion -Web-Site Designers 2014 Liberty Murual Insurance.AM Nhts reserved. NP 93 58 07 14 Inriudes(u,Ipyrighled r-nmICcf51 Cf Inmwramoe Service5 ofrae,Inc,.wilh ds perndi nion, Page 1 of 11 CU 88 04 07 14 Professional Services Exclusion * CU 88 05 07 14 Professional Services -Following Form • CU 89 13 07 14 Specified Health Or Cosmetic Services -Following Form * CU 89 17 07 14 Exclusion Diagnostic Testing Laboratories • CU 89 18 07 14 Exclusion -Testing Or Consulting Errors And Omissions Editorial changes are also made throughout to achieve consistency among forms and improve readability. AUTO, AIRCRAFT AND WATERCRAFT EXCLUSIONS The following endorsements are revised to expressly address, in part, claims alleging negligence or other wrongdoing in the hiring, employment, training, supervision or monitoring of others by any insured: * CU 60 45 01 13 Watercraft Liability - Following Form 4 CU 61 01 01 13 Aircraft Liability Exclusion 0 CU 61 05 07 14 Auto Dealers And Auto Services Limitation 0 CU 61 06 01 13 Auto Liability -Following Form CU 61 07 01 13 Automobile Liability Exclusion * CU 6147 01 13 Watercraft Liability Exclusion e CU 63 91 01 13 Aircraft Liability -Following Form 0 CU 64 92 01 13 Mobile Equipment -Following Form Editorial changes are also made throughout to improve readability and achieve consistency among forms. OTHER CHANGES • If your renewal policy contains one of the following endorsements: • CU 60 45 01 13 Watercraft Liability -Following Form and your prior policy contained endorse- ment CU 60 45 06 97 Watercraft Liability -Following Form • CU 61 47 01 13 Watercraft Liability Exclusion and your prior policy contained endorsement CU 61 47 06 97 Watercraft Liability Exclusion then the following change applies to your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES In addition to the change described in the Auto, Aircraft and Watercraft section of this notice, the endorsement is revised to expressly state that the exclusion applies to any liability arising out of the entrustment to others of any watercraft. * If your renewal policy contains endorsement CU 60 54 07 98 Exclusion - All Hazards In Connection With Designated Premises and your prior policy contained endorsement CU 60 54 06 97 Exclusion Of Coverage For Specified Locations then the following changes apply to your policy. CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The endorsement is: Newly titled, "Exclusion -AII Hazards In Connection With Designated Premises"; and a Revised to reinforce that the exclusion applies to any liability arising out of: * The ownership, maintenance or use of the premises shown in the Schedule or any property located on these premises; • Operations on those premises or elsewhere which are necessary or incidental to the ownership, maintenance or use of those premises; or Ti 2014 Liberty Mutual Insurance.All rights reserved. NP 93 58 07 14 Indudes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 11 • Goods or products manufactured at or dislributed from those prernises. Edrtort`af changes are also made thnaugVlout to Impfove readability and achreva consistency among farms. 0 if your renewal J:+n;y conrarn:s coltr7emenr CU 60 64 67 14 Contractors Limitation Fridgrsernent Wrap-Ups arny your prior poky CcvrCairiod CU 60 64 06 97 Contractors t imnatioin Endorsemant wrap-Ups then the fof wing changes gpyfy to your prficy CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The endorsement rs revlmc as follows: ♦ New defined terms, 'explosion hzard":, "crrllap3e hazard'; and 'underground prop- �— erly damage hazard-, are edged to aChlave eorlsistemcy with underlying exclusioriary language. The professional services exgluslen is rewi5ed Icy ♦ Exrctudei kabllity arieing out of the rendering rf professional services with respect tp providintd ensgiraeering, ar4hitectural or wi-veying san7 5 fo ethers ^^^s— in yoaurchca�a n capacity as a engineer, architect or surveyor; orprrrwiding engineer. m g, rat or surveying services in conneclion % th Cons1ruciian worm you perform. hir-e Expressly address maims alle ging hegNgence or other wrongdrhng in the ing. employment, training, supervision of monitoring of others by any in- 3ured. • Add an excepllgri for mn5trulud9n meant', meethOds, IeChnigwes, Sequences and procedures amployed by the named Insured In connection with your operations as a construction contractor. Editorial changes are also made thrGughaut to fmpro-re readability and achieve consistency among forams. • if ypr renawaf pChucy cor+rains endvrgernayaf CU 60 77 07 14 Testes - Insurance Company As Named insured and yraur prkrr P06Cy Ccrrlained CU 60 11 06 $7 Texas - Insurance Company As Named Insured fhen Mre €oflawrng ci?aages apply to pour po ry., CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES In addition to the change described in. the Pro1e55ional ServiCns Exclusion Section of this notice, the endorsement Is revised as follows; • The claims heridlirrg exrlusi n Es amended to 3pecifCally reference treaties pf inaur- ance, and self-insurance. It Is also revised to +expressly apply to To investigation of any claims. • The professional services exclusion is revised to expressly address: at Inspection or making recommendations as an insurance or reinsurance C+Xn- pany, consultant, agent, intemfadiary nr brokor. • Winlaining accounls of (acords of others. • Oonducting investment, loan, or real estate dgWrhnents or operations. • Acting in any capacity a5 a iidualary or trustee For annuities, endowments or employee benefits plans, • Performing any claim, inve5fi lathre,. adjustmeril, engineering, inspection, consufling, survey, au&, appraisal, actuarial or data processing service for a fee. ® 2014 Liberty Mutual Insurance.All rights reserved. NP 93 58 07 14 Induces Copyrighted mateyat cr InsuranceServaces price, lne.,wah as permig4inn, page 3 of 11 * If your renewal policy contains endorsement CU 61 05 07 14 Auto Dealers And Auto Services Limita- don and your prior policy contained CU 61 05 05 09 Auto Dealers And Auto Services Limitation then the following change applies to your policy. CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES In addition to the change described in the Auto, Aircraft and Watercraft section of this notice, the endorsement is revised to expressly state that the exclusion applies to any liability arising out of the entrustment to others of any auto you lease or rent to others or an auto in any non-business activity. * If your renewal policy contains one of the following endorsements: CU 61 06 01 13 Auto Liability -Following Form and your prior policy contained CU 61 06 06 97 Auto Liability -Following Form CU 61 07 01 13 Auto Liability Exclusion and your prior policy contained CU 61 07 06 97 Auto Liability Exclusion then the following change applies to your policy. CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES In addition to the change described in the Auto, Aircraft and Watercraft section of this notice, the endorsement is revised to expressly state that the exclusion applies to any liability arising out of the entrustment to others of any auto. The defined term "auto" is revised to mean auto as it is defined in the scheduled underlying Insurance. * If your renewal policy contains endorsement CU 61 19 07 14 Insurance Company As Named Insured I imitafinn and vnur nrior onliry contained CU 61 19 06 97 Insurance Company As Named Insured then the following changes apply to your policy.' CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES In addition to the change described in the Professional Services Exclusion section of this notice, the endorsement is revised as follows: * The claims handling exclusion is amended to specifically reference treaties of insur- ance and self- insurance. It is also revised to expressly apply to the investigation of any claims. * The professional services exclusion is revised to expressly address: * Inspection or making recommendations as an insurance or reinsurance com- pany, consultant, agent, Intermediary or broker. * Maintaining accounts or records of others. * Conducting investment, loan, or real estate departments or operations. * Acting in any capacity as a fiduciary or trustee for annuities, endowments or employee benefits plans. * Performing any claim, investigative, adjustment, engineering, inspection, consulting, survey, audit, appraisal, actuarial or data processing service for a fee. * If your renewal policy contains endorsement CU 61 25 07 14 Liquor Liability Exclusion and your prior policy contained CU 61 25 05 09 Liquor Liability Exclusion then the following changes apply to your policy: BROADENING OF COVERAGE The endorsement is revised to provide an exception to the exclusion with respect to allowing a person to bring alcoholic beverages onto the named insured's premises for consumption on the named insured's premises, but only to the extent there is scheduled underlying insurance for such liability and for no broader coverage than is provided by that policy. TJ 2014 Liberty Mutual Insurance.All rights reserved. NP 93 58 07 14 Includes copyrighted material of Insurance Services office, Inc.,with tts permission. Page 4 of 11 CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The enderserrrent rs revised to reinforce that the exclusion applies even if claims against an insured altege nergfigence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others, or providing or fading to provide trartapo"tial with respect to any person that may be under the influence of akx�hel. • tf your renewal Pc Wry contains endorsement CU 61 26 07 14 Liquor Liabillty • Following Forrn and your pejoe pukcy corrraw,9d CU 61 20 06 97 Ligvar Lfabiffty - Following Form then tho !Wowing oranges appvIQ y9urPrJiry CLARIFYING; EDITORIAL AND PROCEDURAL CHANGES The endorsement rs revised to relnfoaca that the exclusion applies even If claims against an zoominsurf?d allege negligenpe or other wvrungdoing in the supervision, hiring, employment, training ar rtwnlloring of olfiers, or providrng or falling to provide trartsportation with respect to any 311111111111111111111 person that may be under the influence of atoollLA. a Editorial changes are also made thrgvg4cut to improve readability and achieve rxwsisieney among forms_ 1f yr�ur renewal poky crwtalns endorsemenr CU 61 46 07 14 Failure To Supply Exclusion ondyrxu pnor eOkT contained CU E1 46 06 97 Failure To Supply Exclusion hTerr the Wowing cha(Vas apply ro your BROADENING OF COVERAGE An exception is added to the exclusion for failure to supply that results from the sudden and accidental Injury to tangible property omied or used by any insured to procure, produce, Process or IrarSSmlt the gas, oil, water, electricity, Steam w biufuel, but onty to the extent there is scheduled underlying Insurance for such failure to supply and for no broader coverage than is provided by that policy, CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The endorsement is revlserri to expressly stale that the exciuslon also apply to the failure trf any insured to adequately supply aiofuel_ Editorial changes are made thrcughoul to improve readabd(y and aL:Neve consistency among forms_ ♦ 1f your rerfewel poky canfatns endorsement CU 61 50 07 14 Contractors Urnitallon Endorsement and your prior policy container' CU 61 50 11 06 Contractors Limitation Endorsement then rho 1a&wog chsgrtges;tpply to your policy, CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The endrxsemenl i-5 revi-9--d AS foikyws: rf New dafrned terms, "explosion hazard', "collapse hazard': and 'underground prop- erty rlarnage hazard', are added to achieye consistency with underlying exclusionary language. r The wrap up exclusion is revised to: a Specifwa®y reference consolidated insurance programs; and 0 Reinfoece that the excluslon applies whether or nod the consolidated (vaap- up) in5uranC2 program provides iolenlical coverage, has adequale limits or remains in effecl. ® 2014 Liberty AluWal Insurance.All rights resarwed. NP 93 58 OT 14 InduHcg Cppyrightrd iYifl*6al:Of Inxurinpe Servii eeS¢KM,Ific_a�?lh its permission. Page 5 of 11 0 The professional services exclusion is revised to: • Exclude liability arising out of the rendering of professional services with respect to providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor, or providing engineer- ing, architectural or surveying services in connection with construction work you perform. • Expressly address claims alleging negligence or other wrongdoing in the hir- ing, employment, training, supervision or monitoring of others by any in- sured. s Add an exception for construction means, methods, techniques, sequences and procedures employed by the named insured in connection with your operations as a construction contractor. Editorial changes are also made throughout to improve readability and achieve consistency among forms. 1t If your renewal policy contains endorsement CU 61 55 07 14 Municipalities Limitation Endorsement and your prior policy contained CU 61 55 04 99 Municipalities Endorsement or CU 61 49 12 99 Virginia Municipalities Limitation Endorsement then the following changes apply to your policy: BROADENING OF COVERAGE An exception is added to the exclusion for failure to supply that results from the sudden and accidental injury to tangible property owned or used by any insured to procure, produce, process or transmit the gas, oil, water, electricity, steam or biofuel, but only to the extent there is scheduled underlying insurance for such failure to supply and for no broader coverage than is provided by that policy. CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The endorsement is revised as follows: w The professional services exclusion is revised to expressly address claims alleging negligence or other wrongdoing in the hiring, employment, training, supervision or monitoring of others by any insured. • The failure to supply exclusion is revised to expressly state that the exclusion also applies to the failure of any insured to adequately supply biofuel. New defined terms, "explosion hazard":, "collapse hazard": and "underground prop- erty damage hazard", are added to achieve consistency with underlying exclusionary language. The endorsement is re-titled to read: "Municipalities Limitation Endorsement". Editorial changes are also made throughout to improve readability and achieve consistency among forms. 4 If your renewal policy contains endorsement CU 63 97 07 14 Illinois - Insurance Company As Named Insured and your prior policy contained CU 63 97 11 97 Illinois - Insurance Company As Named Insured then the following changes apply to your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES In addition to the change described in the Professional Services Exclusion section of this notice, the endorsement is revised as follows: ♦ The claims handling exclusion is amended to specifically reference treaties of insur- ance and self- insurance. It is also revised to expressly apply to the investigation of any claims. 2014 Liberty Mutual Insurance.All rights reserved. NP 93 58 07 14 Induces copyrighted material of Insurance Inc.,with its permission. Page 6 of 11 • The profess..ianal services exclusion m revised to expressly address: r Inspection or maltng recommendations as an insurance or reinsurance rani- Parry, uvnuultant, agent, intermediary or broker. a Maintaining accounts or records of others_ r Conducting inaeatmeriit, loan, or real estate deportmF4its or operar,iryns. Actlm[t in any capacity as a fiduciary or trustee for annuities,. endmvrrent5 or employee henefrts pterts_ w P4drrming any claim, investigative, adjustment, engineering. inspection, corlsulbng, survey, audit, appraisal, actuarial or cata processing serv6ce fix a fee. * Of your runewa' policy co 7l, ns endorsemanf CU 04 $2 07 14 Amendment - Electronic Dala and yGur pricx poky ronfarhed CU 64 62 11 04 Amendment -Elactronis Data thsri the foifcwirtg cnarr,'f s af�pfy lu CLARIFYING, F6lTORIAL AND PROCEDURAL CHANGES An aterxronlc data ex ltrslon Is added to further reinforce that coverage is net intended for loss of efecAronic data. An exrepticn to ihi5 axclusion is inctuded fcr damages because of bodily Injury, but only to the extant that Insurance Is prfxvidad for such damages by scheduled underlying insurance and for no broader coverage than is provided by such policy Editorial changes are also made Ihroughaut to rmprove readability and achieve consistency among forms. ,a 1f your ra�newaf ppty c(YJWr"g endwwrnent CU 64 92 01 13 Mobile Equipment -Following Form end yowir pNor pcuty cwiair d CU 64 92 01 07 Mobile EquIpment - Following Farm then ring (Ambwing changes apply la your paUcy- CLARIFYING, EDITORIAL. AND PROCEDURAL CHANGES In addition to the change described in the Auto, Aircralt and 1Natwtrafl section of Ihis notice, the endorsement is revised to; Expressly state that the exclusion applies to arry liability arising out of the entrustment to others of any mobile equipment, Amend the definition of mobile equipment to mean mobile equipment as it defined in the underlying insurance_ ,a ff your reno"policy ccvafarns rjnd swrwnf CL1 68 23 OT 14 Amendment Of Liquor Liability Exclusion - Exceptlorl For Scheduled Premises Or Acttyltles and your prier pi;Xcy confafnarl CU I;$ 23 05 09 Amandmant Of Liquor Liability Exclusion thoo the krioivi)g changes apply to yore(prrfi'cy: COVERAGE REDUCTION The endorsement is revised to indicate lhae the liquor liability exclusion will apply if a named insured porralts any person to bring any alshol€c beverages nn the named Insured's premises, For consurnplion on the named insured'% premises. However, an excepli)n to the exclusion is added with respect tb alydwing a parson to bring alcoholic tievaragat cin Iha premises de- scribed in the Sclhedule of the endorsement, for consumption on the premises; but only to the extent there is s,fIhMulad underlying insurance for such liability and for rtr? broader coverage than is provided by that pokey. CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The endorsement is revised to reinforce that the exclusion applies even IF efaims against an Insured allege negligence or other wrongdoing in tl)6 supervision, hiring, employment training or monitoring, of others, or providing or railiN to prnride iranspertation .vith respect to any person Ihat may be under the InMuQnce of alcokk ® 2014Liberty MANai lnswanee.Atl rights rgwr ed. ttP 93 58 07 14 �rtrJudes Capyrightrytl maG^lior of Ingurgne@$ervbce-j.dKce.Ine,..with as perrol5:slon, Page 7 of 11 The endorsement is also re-titled to read "Amendment Of Liquor Liability Exclusion -Exception For Scheduled Premises Or Activities". • If your renewal policy contains endorsement CU 88 24 07 14 Amendment Of Liquor Liability Exclusion - Following Form and your prior policy contained CU 88 24 05 09 Amendment Of Liquor Liability - Following Form then the following changes apply to your policy: COVERAGE REDUCTION The endorsement is revised to indicate that the liquor liability exclusion will apply if a named insured permits any person to bring any alcoholic beverages on the named insured's premises, for consumption on the named insured's premises. CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The endorsement is revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others, or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. ♦ If your renewal policy contains endorsement CU 88 30 07 14 General Amendatory Endorsement and your prior policy contained CU 88 30 05 09 Amendatory Endorsement then the following changes apply to your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES For consistency with the definition of personal and advertising injury, the personal and ad- vertising injury exclusions that apply to: NAntnrlal niihlicharl with knowledge of falsitv: and ♦ Material published prior to the policy period are revised to reference "in any manner", with respect to oral or written publication. The endorsement is also re-titled to read "General Amendatory Endorsement". a If your renewal policy contains endorsement CU 88 39 07 14 Amendment Of Definition Of Insured and your prior policy contained CU 88 39 02 10 Amendment Of Definition Of Insured then the following changes apply to your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The endorsement is revised to: eY Expressly state that coverage provided to the additional insured applies only to the extent permissible by law. Reinforce that the applicable limits of insurance shown in the Declarations are not increased by this endorsement. Editorial changes are also made to improve readahtity and achieve consistency among forms. y If your renewal policy contains endorsement CU 89 08 01 13 Assumed Products Liability Exclusion and your prior policy did not contain a similar exclusion then the following change applies to your policy: COVERAGE REDUCTION The definition of insured contract is amended to exclude that part of any contract or agreement that indemnifies any person or organization for bodily injury or property damage arising out of good or products sold, handled, distributed or disposed of by the insured. (13 2014 Liberty Mutual Insurance.Al rights reserved. NP 93 58 07 14 Indudes copyrighted material of Insurance Services Office,Inc.,with its permission, Page 8 of 11 ^A • The professional services exclusion is revised to expmssly address: • Inspection or making recommendations as an insurance or reinsurance cum• Pally, crxivultant, agent, intermediary or broker. • Maintaining armunts or records of others. • Conducting investment, loan, or real estate departmmcts or operations. • Aotirrg in any capedity^ as a fiduciary or trustee €or annuities, endowments or employee benefits ptaos. ! Performing any claim, inve34gative, adjustment, engineering, inspection, cormuHeng, survey, audit, appraisal, actuarial or Bala processing ssrvice for a tee_ ^^- 4 ff yc'Vr renewal pcdiry ronfains endorsement CU 64 82 07 14 Amendmenf - Eleatronlc Data and your privy po ey cmtalned CU 64 S2 11 04 Amendment •Ekotronic Data frleft file 10,10 ing changes apply to yr�r p troy., ' +^ CLARIFYING, EDITORIAL AND PROC€DURAL CHANGES An electronic data ex:cbusion Is added to further relnfurce, that cc,:erNe Is not intended for loss of eledronie dale, An exception to Ilia Exclusion is intruded fCr danragev because cF tmdily Injury, but only tra tha extent that Insurance Is pfavided for such damages by scheduled underfykng lrauran and for no broader coverage than is prpyided by such policy AltI111AP1 Editorial cTangev are also made Ihrpughout to imp eve readability arid achieve consi3teney among farms. • If ygur fe,newai pofrcy cgnfain� enawNament CU 64 92 01 13 Mobile Equipment - Following Form and ytNor prlar pwcy eanfaJried CU 64 92 01 01 Mobile Egtrilxnent . Following Form #wo we rbikm4g changaa apply to your pofery CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES In addition to the ehanga described in the Auto, Aircraft and Watsrcraft seelion of this notice, the endorsement is revised to, • Expreasly state that the exclusion applies W any liability arising mt of the entruvtmenl to others of any mobile eq..Upmertt. • Amend the definition of mobile equipment to mean mobile equipment as it deflned in the underlying insurarica_ • If your wrowal pulley contains etrdu serrvn! CU 88 23 07 14 Ainandlnent Of Lfquor Llatillity Exclusion - ExcepHon For Schedulexl Premisav Or Activitles and your prior policy cgnfarnad GU 88 23 05 09 Amendment Of Liquor Liability Exclusion lhen the jbNbkvrrrg cfrartges apply 10 your policy; COVERAGE REDUCTION The endorsement is revised to iridicate that the liquor liability exclusion wilt apply it a named insured permits any person to bring any alcoholic beverages on the named irsured's prerrlises, fur cortsurnplion on the named irrsured's premises. Hovrever, an exception to the exclusion Is Addod with respect t4 allowing a person IO tiring alcoholic he erases on the premses de- scribed in the Schedule of the endorsement, for consumption on the premises, but only tc the extent there is scheduled underlying insurance rdr such fiab1ty and for ria hroede( coverage than is provided by that policy. CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The endorsement is revived to reinfproe that the exclusion applies even iF claims against an insured allege negilgence, er other wrongdoing in (tall supervislon, hnlnrg, amp)oyment, training or nwnitoring of others, vr 'pcoviding or Failing to provide Iraravportatm with respect to any person that may be undef the Influence of aleahrA. 2014Liberty Mutual Inswance.All rights reserled. NP 93 58 07 14 Indue es'�opYrighled rnawoi 0 lnalrnnCCSCry leg CiPf0a, Irk„with dg pefrnlWW)r Page 7 of 11 The endorsement is also re-titled to read "Amendment Of Liquor Liability Exclusion - Exception For Scheduled Premises Or Activities". • If your renewal policy contains endorsement CU 88 24 07 14 Amendment Of Liquor Liability Exclusion - Following Form and your prior policy contained CU 88 24 05 09 Amendment Of Liquor Liability - Following Form then the following changes apply to your policy: COVERAGE REDUCTION The endorsement is revised to indicate that the liquor liability exclusion will apply if a named insured permits any person to bring any alcoholic beverages on the named insured's premises, for consumption on the named insured's premises. CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The endorsement is revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others, or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. • If your renewal policy contains endorsement CU 88 30 07 14 General Amendatory Endorsement and your prior policy contained CU 88 30 05 09 Amendatory Endorsement then the following changes apply to your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES For consistency with the definition of personal and advertising injury, the personal and ad- vertising injury exclusions that apply to: • Material published with knowledge of falsity; and • Material published prior to the policy period are revised to reference "in any manner", with respect to oral or written publication. The endorsement is also re-titled to read "General Amendatory Endorsement". • If your renewal policy contains endorsement CU 88 39 07 14 Amendment Of Definition Of Insured and your prior policy contained CU 88 39 02 10 Amendment Of Definition Of Insured then the following changes apply to your policy., CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The endorsement is revised to: ♦ Expressly state that coverage provided to the additional Insured applies only to the extent permissible by law. • Reinforce that the applicable limits of insurance shown in the Declarations are not increased by this endorsement. Editorial changes are also made to improve readability and achieve consistency among forms. • If your renewal policy contains endorsement CU 89 08 01 13 Assumed Products Liability Exclusion and your prior policy did not contain a similar exclusion then the following change applies to your policy.- COVERAGE REDUCTION The definition of insured contract is amended to exclude that part of any contract or agreement that indemnifies any person or organization for bodily injury or property damage arising out of good or products sold, handled, distributed or disposed of by the insured. 2014 Liberty Mutual Insurance.All rights reserved. NP 93 58 07 14 Includes copyrighted material of Insurance Services Offlce,Inc.,with its permission. Page 8 of 11 r' • If your renewal policy contains snda--ernent GU 89 11 01 13 Products7Complated Operations Hazard Redefined and your prior porky did not contem a sl I ur endorsFnient lhRo the Wowm'q chao9e applies to your porrcy. BROAbENWG OFCOVERAGE The producls-cornpleted operations hazard Is amended to Include bodily Injury and property damage if the bodily injury or property damage Qrcurs after you have retinqui9herd possess of those products, to the extent [hat this amended definitrron eppllee In a policy ilstc-i In the Schedule of Underlying Irrsurance, • if your renewal policy contains encko mint CU 89 12 01 13 Mexican Auto Coverage! Exclusion and ;voter prlcr porky did not wntairr a sim'var exe v3r orr Merl the folfoFi4ag change applies to your polcy, COVERAGE REDUCTION An e;KcJv5iQn is added t4 your pQFigy for any liability al-Lung out of the ownership, mainfenance, operations, use, loading or unloading of any auto In Mexico. er If your Feneoat policy contains endorsement CU 8913 07 14 Specified Health Or Cosmetic Services Following Farm and your prior paiky did not captain a sirntjar ercrusion Then the fc�liawing change eppNes to your porky OEM COVERAGE REDUCTION "Wiliff An exclusion is added to your policy for she rendering of any service, treainrent, advice or linstructlon for the purpose of appearance of skin enhianeemani, hair removal or reptacement or personal grooming or therapy except to the extent that insurmne� is provided by a pQlicy isled In the Schedule of Underlying. Insurance. e If y ur renewal paticy contains endwsertiern CU 89 15 OF 12 Artlendmem of Cancellation Provisions - Scheduled Person or Organization and your prior policy did rwt contain a singlar er+dorssrnent then the following rrhanges applY to your polcy; BROA13ENING OF COVERAGE This Cencellation Conditions are amended to proOde prior written notice of cancellation to persons or crganlzatlons that are shown In the Schedule of the endorsement lot reasons other than nonpayment of premium. Our obfigatiQn to seed notice terminates at the earlier of the current policy period or when the named insured no longer has a Iagal or contractual obligation to such person or QrganiaafHx to maintain insurance coverage under a policy whidh requires that such person or organization be nollliad In the avant of cancellation. ff ywr rerremw policy confaOs eadarsen7errt CU 89 17 07 14 Exclusion Olagnostic Testing Laboratorles and your prior policy did not contain a sdnifar excfusion Own Lhe fotbLv 7gg changes apply to ycur pcdiey COVERAGE REDUCTION An exclusion is added to your policy for bodily Injury, property damage, personal Injury, ad- vertising injury, or perwna4 and advertising injury arising out of; ♦ Med"rcal or diagnaslir, fasting, techniques or procedures used for the: r Detection, diagnosis or treatment of any sickness, disease, corxdition or injury; or e Evaluation of a patent's resperse iQ treatment or medication: or The repdrtilg of or reliance upon the results of such medical tit diagnostic Issling, tech- niques or procedures as described above, i 2014Liberty kfutuai Inmwance.ANnghtsreserved - NP 93 58 07 14 ndudescppyrighted meWal of InsuranCeSer,*.es Orfioc,ins„wnh as perrcdmioh, Page 9 of 11 If your renewal policy contains endorsement CU 89 18 07 14 Exclusion -Testing Or Consulting Error: And Omissions and your prior policy contained CU 89 18 01 13 Exclusion Diagnostic Testing Labora- tories then the following change applies to your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES In addition to the change described in the Professional Services Exclusion section of this notice, the endorsement is re-titled to read "Exclusion - Testing Or Consulting Errors And Omissions". w If your renewal policy contains endorsement CU 89 18 07 14 Exclusion -Testing Or Consulting Errors And Omissions and your prior policy did not contain a similar endorsement then to following changes apply to your policy., COVERAGE REDUCTION An exclusion is added to your policy for bodily injury, property damage, personal injury, ad- vertising injury, or personal and advertising injury arising out of: t1 An error, omission, defect or deficiency in any test performed or an evaluation, con- sultation or advice given, by or on behalf of any insured. O The reporting of or reliance upon any such test, evaluation, consultation, or advice; or s An error, omission, defect, or deficiency in experimental data or the insured's inter- pretation of that data. • If your renewal policy contains endorsement CU 89 19 01 13 Amendment of Watercraft Exclusion and your prior policy did not contain a similar exclusion then the following changes apply to your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The watercraft exclusion in your Commercial Umbrella Coverage Form is revised to expressly state that it applies: 4 Even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by any insured. ♦ To bodily injury or property damage arising out of the entrustment to others of any watercraft if such watercraft is owned by, or chartered without a crew by or on behalf of, any insured. M If your renewal policy contains endorsement CU 89 20 05 09 Waiver Of Transfer Of Rights Of Recovery Against Others To Us - Designated Person or Organization and your prior policy did not contain a similar exclusion Dien the following changes apply to your policy.- BROADENING OF COVERAGE The Transfer Of Rights Of Recovery Against Others To Us condition in your Commercial Um- brella Coverage Form is revised so that we waive any right of recovery we may have against the entity shown in the Schedule of the endorsement because of payments we make for injury or damage arising out of your ongoing operatlons or your work done under a contract with that person or organization and Included in the products-completed operations hazard. p If your renewal policy contains endorsement CU 89 21 01 13 Amendment of Aircraft Exclusion and your prior policy did not contain a similar exclusion then the following changes apply to your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The aircraft exclusion in your Commercial Umbrella Coverage Form is revised to expressly state that it applies: * Even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by any insured. ar To bodily injury or property damage arising out of the entrustment to others of any aircraft if such aircraft is owned by, or hired without pilot or crew by or on behalf of, any insured. TJ 2014 Liberty Mutual Insurance.All rights reserved. NP 93 58 07 14 Includes copyrighted material of Insurance Services Of lce,Inc.,with its permission. Page 10 of 11 tl 7f your foriowaf rcgky ccloiairrs CU 89 22 41 13 Exclusion - Uasignated Products and y�rw .. Odor porn:y did rr t corrlairr a srrza7ar excruskn then the fofiowing mange app,',ws ro your poficy: COVERAGE REDUCTION An exclusion is added to your policy preduding carerage for bodily injury or property damage included in the products- ocimpleted operations hazard and arisirxj out of any of youf products sFsdvwn in the Schadula of the endorsement M if ynAjr ro"We policy c:00tarns srd usc:msnl CU 139 23 01 13 Exclusion -Designated Work andyr+ur pv;d( paffcy did rrot eontam a simrfisr exodtrsron then lh6 n k;,wing changes appy to yrwr poky: COVERAGE REDUCTION An exclusion is added to your policy that precud9s coverage for bodily injury or property darviage inclAed in the products-eorrrtileted operations hazard and arising out of your work -*+-- shown in the schedule or the arlddrsamenl. a if pour rmewad policy contain; a ?dgrSeY?gn1 CU 89 24 07 14 General Ammndatoryt Endarsemont (Trada Dress LlmftMion) and your prior pofrcy eGntffiny,,d CU " 24 01 13 Amendatory Endorsement ITrade Dross Limitation) then the jo4ruwwrng choo.ggs appty to YoGr Pork Y! CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES mm Elm For oonsistency with the definition of pefsonal and advertising injury, the perwrial aryd ad- vertising injury excluskms that apply to- r Material' published with knowledge of falsrLy; and i Material published prior to the policy period are rewisad to rafruronce "in any manner", tuith respact to oral nr %vritten publication. The endorsement is re-IJ 9 d to read "General Amendatory Endorsmem {Trade Dfe€s Limita- tir7n @ 2014 Liberty hfuival InswariG ,AA nghts mser�ed. NP 93 $8 07 14 kldude3Cbpyrighltd rm;3 81 of In!wranw Zervr"s orrice,Inc„with e13 Rage 11 of 11 NP 99 99 02 16 IMPORTANT NOTICE TO POLICYHOLDERS AMENDMENT OF AIRCRAFT EXCLUSION Dear Valued Policyholder, Thank you for selecting us as your carrier for your excess liability insurance. This notice contains a brief summary of the coverage changes made to your policy. The changes outlined below are organized by individual endorsements. Please note that not all of the endorsements noted may apply to your specific policy. In addition, this notice does not reference every editorial change made to the endorsement or coverage form, only material (or significant) coverage changes. Please read your policy and review your Declarations page for complete coverage information. No coverage is provided by this notice, nor can it be construed to replace any provisions of your policy. If there are discrepancies between your policy and this notice, the provisions of the policy shall prevail. Should you have questions after reviewing the changes outlined below, please contact your independent agent. Thank you for your business. SUMMARY OF POLICY CHANGES If your renewal policy contains endorsement CU 89 21 07 15 AMENDMENT OF AIRCRAFT EXCLUSION and your prior policy contained endorsement CU 89 21 01 13 AMENDMENT OF AIRCRAFT EXCLUSION then the following changes apply to your policy., POTENTIAL RESTRICTION OF COVERAGE Coverage is potentially restricted in that the exclusionary wording is amended to exclude "bodily injury" and "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, if such aircraft is owned or operated by or rented or loaned to any "insured". CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES This endorsement has been revised to align more closely with the aircraft exclusionary language in your underlying liability insurance. Language was added for those aircraft operated by or rented or loaned to any "insured". Editorial changes are made throughout to achieve consistency among forms and improve readability . NP 99 99 02 16 12 2015 Liberty Mutual Insurance Page 1 of 1 L.kRl The Ohio Cawalt Insurance tCbfn 3 USO , (17I 59 57 37 42 24 utual. . iax�rer+�cR Commercial Umbrella Policy Declarations P-gsis Cir.cv{Qnw (ITEM 1)NAMED INURED lS MAMANS ADORIMS AGEIT MKINNP ADMEN A PVCHE Ill. NATIIRAI. SY�TFA9S EIFSlC3N INC y21164 3&1-I110 1'010 N Northlake Way Ste 211 NRC; INSUkANCL Seaiile, WA 991ji3 PO ROX .34G28 #154.43 SEATFLE, 'R'A r%124-WX Iaaed Issared l= UORFORATION W ed Inured Odrsirless 1s: CONS I,LTANTS ri (ITEM 2)POLICY PERIOD FfDm Cfw lTr2(416 -10 05) T'2017 1_1:fH A.11 Standard Time- at Insured Mailing Lacutiore (ITEM 3)PREMIUM CHARGES CIa nattea of OESkIIIPTIUN PREMIUM _, IL'ganamanm•o-i�l rlxveHrwjj,R _ �_.._. _...® _ _ �S1iR Q,t'1 L:rrtifirrl :.1C1Ti..n1=TLCl,nrl%.Rk... "nY•a M. __ ... $-�, tit3 S'tn.-x nr3smalY Tat,21A fmwe Charges S545.00 NeNe' ThA IN rear a 4wil BASIS OF PREMIUM: NON-AUD1T.ABLE( CI AUD1TABLE( j IN 'UHE E4'EN7' OF C'ANUFLLATION BY THE NAJO D INSURED, THE COMPANY WILL RECEIVE. AND RETAIN NO I,ESS THAN (11% j OF THE. PL}f.ICY PRFMIUN1 AS THE M INJMU ,j RFTAINED PREh1lU%4 FLUS CERTIFIED ACTS OF TERRORISM COV) RACiEi AND ANY APPLICABLE TAXES AND SURCHAR[ ES. (ITEM 41 LIMITS OF IISURAICE DESCRIPTIOI LIMIT EACH XC'I!RRENCE $1,06p,90p AGtSRFO.ATF (WHERE APPLICABLF) $1,9Do,4app FROUL.L'TS-CONIPLE.TED OPERA ElONSACrGRE(aATE $11000,000 SELF-INSURED REJENTION $10,90U SEr irng Orate: Afe$h m 4V3 HiriElLoo and Ise'ue Date 04104116 Aulhoraed Represematl+re To=rt a cfairn, carf ywlrr Agem ar 14e10.3624M DS70220108 1N�IP 9M71042 Kcsyr4 R25 NCU"N❑ IN'IUREn COPY MUM POLE 19 nP 68 c.ov�ragp u rru�.nm., v,. p41" 14{prrbu;ro .• T.1�7�"�'�: The OhioGasualrylnsumnce Gomoafw 1!•'SlJ eft 555?5"7'S2 �MA1lll�ua1. .'� -IN Iv*fJKI , OTEN 5)SCHEDULE OF tMENLYM MINUKE: CARRIER, PL7ll Y NUh4BER AND PERIOD TYPE. OF COVERAGE LIMITS OF INSURANCE OHIO SECURITY INSURANCE BIJSINESSIA NERS 52,000,OON LIABILITY AND CONIPANY LIABILITY MEDICAL EXPENSE LIMIT E4,069,000 OTHER THAN PRODL TS - COMPLETED OPERATIONS AGGREGATE 1.1,000,000 PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT Includes Nan-Owmcd and-or Hired Auto Liability 13"L3(17)S S 573742 a1+;l7r�pl r� - g5i17;'?p17 01110 SECURITY INSURANCE ST7P GAP 32,000,000 BODILY INJURY E;\C1I COMPANY LIABILITY ACCIDENT LIMIT 1i2,000,000 &GDILY INJURY BY BZS(17)55573742 DISEASE AGGREGATE 17ti'171Zf11 6 - 033 1 721)17 LIMIT s1.00p,W BODILY INJURY BY DISEASE EACH EMPLOYEE LIMIT To eoporp a 0*j r#,. tail your AgaN ar f4GO.,Te2.0" IDS 702} 61P8 Wmels 5%73U2 NC%FPPN❑ INSUREn COPY M12m PACE V OF fiH LUvQ 9v m YfOwoK M: P4irnY Number: liberty Thanhia In�.immrn C'EmDarw U$14 ITT) 55573742 . iN#u7hfltt;tl POLICY FORMS AND ENDORSEMENTS This section lists, all the Forms and EndcrscmcnLS for your policy- Refer to these documents as ncMnf far delatled inrilmoi0rt concerning your tUYCrAge, FORM xUN1RFR TITLE CV 61J 02 CFi 97 t:.onrnwrcial [Irnk6la Ctty4raXe Farts momm CU 60 M 06 97 C717e, CUNIudy or Cunlrul Ecclusiuri - Re-al ur Persuriul Proper[}' im Cu 61`1 19 IA 65 Cap On Losses From Ccrlified Acts Of Terrorism CU 60 4.0 01 15 Underlying Couerage RLquircmcnt For Certified Acts Of Terrorised CU 61 416 fit [i Auto Liahilily - Frillmietg Form CLf 61 15 01 44 Engemxi-3- Archrlecl or Surcyors Yr Lr- iunal Liability Exc-u ion CU 61 90 Ow l0 Washington Chunpes - C'aneellaiion and NonrcnewA CT] 63 44 06 97 Forrign Liability - Following Fort CU fA Y1 121'4 Washin tr+n Fisngi or Racteroa Fx4lusir�n C':li ha t2 03 99 WashmWon :%AcstUs Ewlwxiun CU 64 79 05 09 Exclusion - Recording and ❑ivribution of Nfatcrial or Inftimmmuon in Viofation of the Law Cl f 64 82 07 W Amendment • Flee1mni1 , D;tlo ICU 64 87 Irt 05 Eeunumic ur TrAz Sanctiuns Condition Fnckicument X lv4 92 01 13 htobile Eauipmml - Fol lo3ting Farm 1-11 64 95 12 07 Waiver Transfer Rights of Recovery Against Cutters CU F5 08 01 15 Fxchiairrjn Of PI211Yt vS 7 10anlake Related To A c'ertifiie i ,Act Of Terrorism CU 83 01 1202 W?ra LiziHih• Exclusion CU M 04 07 1.4 Professional Services Exclusion CT] 58 27 17 07 Washington Employment Related Practices Exclusion c1.F 118 31 05 419 Roma gal aTul Advertisiog Njaiy - Follvw ng FQmri CU kg 39 07 14 Amendment of L]'UfMiliurt Of IMUTIA CU 88 41 U7 E0 Amendment of Pollution Exclusion CU 89 19 01 13 Amendment of Wmcrcraft Exclwion CU isv 21 07 tl5 Anienklimmi Of AircratE F_.xcll}6-Tn CU 89 41 Ill l4 ACcess or LAsclv>urc OfCuriNenliral Or Petsomil Infurmeltkni And DIila-Relmod - Littbiliiy Ndlh Limiled Bodily Injtuey Excepiian Exclusion In wimcss whereof, we have caused this pahey to he sipncd by ouT authorized officers. 61 11ra to I rrQ; Paul Condrin Stv ary Pmsidrnl Te ray" a C'Wmo, cbtl your Age&t ew t-M.302.0p;Q US 70 23 01 08 14/1R ETM7r2 WnS ICS 279 NcxFRPIln INSURED COPY Rilm PAAF 21 ❑F 6R CU 60 62, a6 97 COMMERCIAL UMBRELLA COVERAGE FORM There are provisions in this policy that restrict Insuring Agreement, V. DEFINITIONS. *4xds and coverage. Read the antis policy carofugy to deter- phrases that appear in quotation marks have spn- mine rights, duties and what is and is not cov- cial meaning and can be found in the DEFINITIDN _ ered. Section or the spaafic policy provision whera Ihsy appear. Througdhout this policy, the words 'you" and "your' refer to the Named Insured as defined in Insuring AgreemerrL V. DEFINITIONS. The words In cwsidaration of the payment of the premium 'vm' 'us" and "our' refer to the Gampany pro- and in reliance upon the slaterrrems in the Perk viding this insurance. The word 'Insured moans laralinna wa agrae with you b provide coverage any person or organization qualifying as such in as follows: INSURING AGREEMENTS 1, COVERAGE B. The Ganaral Aggrogato Limit is the most We will pay an behalf of [he "Insured' those we will pay for all damN- es covered under sums in excess of the `Retained Limit" that the Insuring Agreement in Seddon 1- e><- the `Insured" becomes legally obligated to Cep pay by reason of liability imposed by taw or 1, damages included in the "products- assumed by the "Insured` under an "Insured completed operations hazard"; and corrtrac'r because of "bodily injury,' ''property damage," "personal injury," or "advenising 2, cryverages Included In the pollcfes Rst- injuryr' that takes place during the Pdicy Pe ed in the Schedule of Ur6ertying Insur- nod and is caused by an "oocurt@nce" hap- ante to which no urrdertying aggregate perring anywhere_ The amount we ON pay for limit appdiey_ damages Is limited as described below In the Insuring Agreement 'Secmnn 11. LIMITS OF IN The amount stated on th9 DecParatlons as SURANCE. the General Aggregate II is the most wra will pay for all deurages srrgim out of h. LIMITS OF INSURANCE any "bodily Injury," "property damage,' "persona[ injury," or 'advertising injury- A. The Lirnrts of Insurance shown In Item A. subpadt to an aggregate limit In the 'un- of the Ue[Iaratipns and the rulea below denying insurance,"' The General Aggre state the naost we will pay regardless of gate Llrnit applies separately and In the the number of., same manner as the aggregate fimf$ in the "underlylrx9 insurance," 1. 'Insureds"; 2. 'claims' made or "suits' txfl+ugfii or C. The Products-Completed Operations Ag° gre4ate Limit is the muet we will pay for 3. pa sons or organzations maFing all damages Included m the "products- 'claims" or bringing "suits." completed operatic rs f,a era," D. Subject to B. cf C. in Saclion IL LIMITS OF INSURANCE, whichever applies, the Uch bccurranca Limit is the most wa wield pay for 'bodily injury.' "property damage,' Gil 9R 02 W 97 {Rage t of 1$1 "personal injury," or "advertising injury" Schedule of Underlying Insurance nor covered under the Insuring Agreement in by any other insurance providing cov- Section I. because of all "bodily injury," erage to the "Insured" during the Poli- property damage," "personal injury," or cy Period; "advertising injury" arising out of any one "occurrence." and then up to an amount not exceeding the Each Occurrence Limit as stated in the E. If the applicable Limits of Insurance of the Declarations. policies listed in the Schedule of Under- lying Insurance or of other insurance pro- Once the Self-Insured Retention has been viding coverage to the "Insured" are re- exhausted by actual payment of "claims" duced or exhausted by actual payment of in full by the "Insured," the Self-Insured one or more "claims," subject to the terms Retention will not be reapplied or again and conditions of this policy, we will: payable by the "Insured" for said Policy Period. 1. in the event of reduction, pay in excess of the reduced underlying Limits of In- Ill. DEFENSE surance, or; A. We will have the right and duty to investi- 2. in the event of exhaustion, continue in gate any "claim" and defend any "suit" force as "underlying insurance," but seeking damages covered by the terms for no broader coverage than is avail- and conditions of this policy when: able under this policy. 1. the applicable Limits of Insurance of F. The Limits of Insurance of this policy ap- the underlying policies listed in the ply separately to each consecutive annual Schedule of Underlying Insurance and period and to any remaining period of less the Limits of Insurance of any other than 12 months, starting with the begin- insurance providing coverage to the ning of the policy period shown in the "Insured" have been exhausted by ac- Declarations, unless the policy period is tual payment of "claims" for any "oc- extended after issuance for an additional currence" to which this policy applies; period of less than 12 months. In that or case, the additional period will be deemed part of the last preceding period for pur- 2. damages are sought for any "occur- poses of determining the Limits of Insur- rence" which is covered by this policy ance. but not covered by any underlying policies listed in the Schedule of Un- G. Retained Limit derlying Insurance or any other insur- ance providing coverage to the "In- We will be liable only for that portion of sured." damages, subject to the Each Occurrence Limit stated in the Declarations, in excess B. When we assume the defense of any of the "retained limit," which is the great- "claim" or "suit er of: 1. We will investigate any "claim" and 1. the total amounts stated as the ap- defend any "suit" against the "In- plicable limits of the underlying poli- sured" seeking damages on account of cies listed in the Schedule of Under- any "occurrence" covered by this poli- lying Insurance and the applicable lim- cy. We have the right to investigate, its of any other insurance providing defend and settle the "claim" or "suit" coverage to the "Insured" during the as we deem expedient. Policy Period; or 2. All expenses we incur in the investiga- 2. the amount stated in the Declarations tion of any "claim" or defense of any as Self-Insured Retention as a result of "suit" are in addition to our Limits of any one "occurrence" not covered by Insurance. the underlying policies listed in the :U 60 02 06 97 (Page 2 of 15) 3. We will pay the folIQvgng as expenses, "claim" or 'suit' against the "Insured."�' to the extent that they are not included We will, however, have the right and will in the Coverage in the lmderlying poli- be given the opportunity to parlicipate in ales listed In the Schedule of Under- the settlement, defense and trial of any lying Insurance or in any other incur- claim" of "suit' relative to any "Limur- anc@ provrding oaverage to the "In- rence" which. In our opinion, may creala sured": liability on our part under the teams of this policy. If we exercise such rlght, we will a. premiums an bonds to release at- do so at our own expenae- tachments, vfiiich bond arr`ounts will not excead our Limits of In- IV. EXCLUSIONSsurance, but we are riot obligated to apply far or furnish any such This insurance does riot apply to: bond; A. `Bodily injury' or 'property damage" ex- b. premiums on appeal bonds, peeled or intended from the standpoint of which bond amounts will not ex- the "Insured_" This exclusion does not ap- need our policy limits, required by ply to "bodily injury" €esulling from the law to appeal any 'claim' or use of reasonable Cara to proloct persons 'soil" we defend, but we are not or property. obligated to apply for ar furnish any such bond; B. Any obligation of the "Insured" under a " Workers Cnimpensation, Unemployment c. all costs taxed against the "In- Compensation or Disahgiiy Benefits Law, cured" in any "claim" or 'suit" or antler any similar law. regulation or we defend; ordinar". d, pre-judgment interest awarded C. Any obligation of the "Insured" under the against the "Insured" on that part Employee Ratirament Income Security Act of the judgment we pay that is of 1974 or any amendments to that act, or within our applicable Limns of In- under any similar law, rsgulatian or ordi- surance. If we make an offer to trance. pay the appflcabfe Limits of Insur- ance, we will riot pay any pre- D. Any obligWfion of the 'Insured" under a ]Lodgment Interest based on the No Fault, Uninsured INolorlst or Undedn- period of time after the otter cured Motonst ls,x, or under any similar law, regutatlon or ordinance. e- aq interest that accrues after entry of judgment and baler@ we have E. "Properly damage" to "Impaired property" paid, offered to pay or deposited or property that has not been physically In court the part of the judgment Injured, arising out oil: that is within our applicable Limit of Insurance; 1. a defect, deficiency, inadequacy or dangerous ronditign in "your product' f. the 'Insured's" actual and reason- or "your work`; or able expenses incurred at our re- puest. Z a delay ar failure by you or anyone acting an your behalf to perform a ca C. We wilt not investigate any 'cid n" or de- tract or agreement in accordance with fend any "suit" after our applicable Limits its terms. of Insurance have been exhausted by pay- ment of judgments or settlements_ This exclusion does not apply to the loss of use of other property arising out of D. In all other instances except Subsection A- sudden and aociderital physical injury to in Section tp. DEFENSE, we will not be 'your produce' or 'your work" after d has obligated to assume charge of the inva been put to Is intended use. tlgation, settlement or defense of any GU $0 02 M 97 (Pege 3 of 15) F. "Property damage" to "your product' aris- damages that the "Insured" would ing out of it or any part of it. have in the absence of the contract or G. "Property damage" to "your work" arising agreement. out of it or any part of it and included in K. "Advertising the "products-completed operations haz- ard." 1, breach of contract, other than misap- propriation of advertising ideas under This exclusion does not apply if the an implied contract; damaged work or the work out of which the damage arises was performed on your 2. the failure of goods, products or ser- behalf by a subcontractor. vices to conform with advertised qual- H. Damages claimed for any loss, cast or ex- ty or performance; pense incurred by you or others for the 3. the wrong description of the price of loss of use, withdrawal, recall, inspection, goods, products or services; or repair, replacement, adjustment, removal or disposal of: 4. an offense committed by an "Insured" whose business is advertising, broad- 1. "your product"; casting, publishing or telecasting. 2. "your work"; or L. Any liability, including but not limited to settlements, judgments, costs, charges, ex- 3. "impaired property" penses, costs of investigations, or the fees of attorneys, experts, or consultants, aris- if such product, work or property is with- ing out of or in any way related to: drawn or recalled from the market or from use by any person or organization because 1. The actual, alleged or threatened pres- of a known or suspected defect, deficiency, ence, discharge, dispersal, seepage, inadequacy or dangerous condition in it. migration, release, or escape of "pollu- I. "Property damage" to property owned by tants," however caused. the "Insured." 2. Any request, demand or order that any "Insured" or others test for, monitor, J. "Personal injury" or "advertising injury": dean-up, remove, contain, treat, de- l. arising out of oral, written, televised, toxify, neutralize or in any way re- videotaped, or electronic spond to or assess the effects of "pol- p publication of material, if done by or at the direction lutants." This includes demands, direc- of the "Insured" with knowledge of its tives, complaints, "suits," orders or re- falsity; quests brought by any governmental entity or by any person or group of 2. arising out of oral, written, televised, persons. videotaped, or electronic publication of material whose first publication took 3. Steps taken or amounts incurred by a place before the beginning of the poli- governmental unit or any other person cy period; or organization to test for, monitor, dean-up, remove, contain, treat, de- 3. arising out of the willful violation of a toxify or neutralize or assess the ef- penal statute or ordinance committed fects of "pollutants." by or with consent of the 'Insured"; or This exclusion will apply to any liability, 4. for which the "Insured" has assumed costs, charges, or expenses, or any judg- liability in a contract or agreement. ments or settlements, arising directly or This exclusion does not apply to liabil- indirectly out of pollution whether or not ity for the pollution was sudden, accidental, grad- ual, intended, expected, unexpected, pre- ventable or not preventable. ;U 60 02 06 97 (Page 4 of 15) As used in this exclusion "pollutants' 3. Qp4 r,ion. demotion, evaluation, reas- means any solid, liquid, gaseous, or ther- slgnrnent, discipline, defamation, h=3- mal irritant or contaminant, including, but rassmemt, molestation, humiliation, not llrrited to smoke, vapor, soot, Fumes, discrlmirlallon or other employment re- acids, alkalis, chemicals and vra9te ma- lated prac.'tioes, polirxea. acls or ornia- terlal, Waste material includes materials slons; or which are intended to be or have been recycted, recondltloned or reclaimed. 4, consequential "bodily injury' 'proper- ty damage.' "personal injury' or 'ad- W "Bodily injury" or "property damage' due vettising injury' as a result of 0.1. to war, whether cr not declared, or arty act through 0.3. or condition incident to war.. War includes civil war, insurrection, fabellion or rovalu- This 9xclusp n applies whether the 'In- lion. This exclusion applies only to liability surd" may be held Ilable as an employer assumed under a contract or agreernent. or in any Diner capacity and to any obliga- Rion to share damages with or to repay N. Any liability, including, but not lirnil&d to someone else who must pay damages be- settlements, judgments, oosls, charges, ex- cause of "bodily injury,' "property dam- " """ pens&s, costs of inyuttigations, of the fear age' 'personal injury' or 'advert sing iru of attorneys, experts, or Wnsutlant3 ails- jury" ing out of or related in any way, either directly or vldirectly, to P. "Bodily injury,' "property damage," "per- sonal Injury- or 'advertising injury' &x- j 1, asbestos, asbestos products, asbestos- eluded by the Nuclear Energy Liability Ex- cwtaining materials or products. as- elusion alta&ed to this Policy. bestvs fibers or asbestos dust, includ- ing, but not limited to, manufaGure, a The following items 1. through 4., except Il,c �..fcn# H.a# u,rF inr�iranrm ra nrn- mm to mining, use, sale, Installation, removal, ,,. .,.- - .x distribution activities; AdedL by a policy listed in tots Schedule of tindertying InSnfanme, and for no broader 2. exposure to testing for, monlloring of, coverage than Is prov(ded by such policy cleaning up, removing, containing or treating of asbestos, asbestos pro- 1. Liability of any employee with respect ducts„ a5be9tos corilgining materials or to "Waily injury," "property damage," products, asbestos fibers or asheslos personal injury" or "advertising In- dnat; or jurlr' to you or to another employee of the same empfayer injured In the 3- any obliegation to investigale, sattle or course of auoh ernpfayment, defend, or indemnify any person Rgsrinst amy 'cfaim' or %uit" arising 2. Bodity injury' pr "property damage' out of, or related In any way, either arising out of the ownership, rnalnten. d-erectly, or indirectly, to aahestos, as- ante, operation, use, Toeing" or run- hestos products, asbestos-conlaining loadinrg" of any watercraft, If Stich material4 or prvducls, asbesta fibers watercraft is owned, or chartered with- of asbestos dust. out crew, by or on behalf of any 1n- 9ured-" Thio exclusion ;vidf not Ripply to 0. "Bodily injury," "firopefty damage," "par- watercraft while ashore or) any prem- sonal injury' or `,q&mrtisinq injury" aria- ides owned by, rented to, or conlmlled Ing out of any by you. 1. refusal to ernpfoy or promote: 3. 'Bodily injury' of "property damage' arising out of the ownership, malnen- 2, termination of employment„ ante, operation, use, 'loading" or 'un- loading" of any aircraft, if such aircraft is owned, or hired without pilot or crew, by or on behalf of any 'IlMur9d' GLt $0 02 X 97 (Page 5 of 15) 4. "Bodily injury" to: B. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public a. an employee of any "Insured" roads, including any attached machinery or arising out of and in the course equipment. "Auto" does not include "me- of: bile equipment." i. employment by any "In- C. "Bodily injury" means physical injury, sick- sured"; or ness, or disease, including death of a per- il. performing duties related to son. "Bodily injury" also means mental the conduct of any "In- injury, mental anguish, humiliation, or shock if directly resulting from physical sured's" business; or injury, sickness, or disease to that person. b, the spouse, child, parent, brother D. "Claim" means any demand for monetary or sister of that employee as a damages upon an "Insured" resulting from consequence of Paragraph 4.a. a covered "occurrence." This exclusion applies: E. "Impaired property" means tangible prop- a. whether any "Insured" may be erty, other than "your product" or "your liable as an employer or in any work," that cannot be used or is less use- other capacity; and ful because: 1. it incorporates "your product" or "your ages with or repay someone else b. any obligation to share dam- work" that is known or thought to be a who must pay damages because defective, deficient, inadequate or dan- of the injury, gerous, or 2, you have failed to fulfill the terms of a V. DEFINITIONS contract or agreement; A. "Advertising injury" means injury arising if such property can be restored to use by: solely out of advertising activities of any "Insured" as a result of one or more of the 1. the repair, replacement, adjustment or following offenses during the policy pe- removal of 'your product" or "your nod: work"; or 1. oral, written, televised, videotaped, or 2. your fulfilling the terms of the contract electronic publication of material that or agreement. slanders or libels a person or organiza- tion or disparages a person's or or- F. "Insured" means each of the following, to ganization's goods, products or ser- the extent set forth: vices; 1. The Named Insured meaning: 2. oral, written, televised, videotaped, or electronic publication of material that a. Any person or organization listed violates a person's right of privacy; in Item 1, of the Declarations, and any Company of which you own 3, misappropriation of advertising ideas more than 50%, as of the effective or style of doing business; date of this policy. 4. infringement of copyright, title or slo- b. Any organization you newly ac- gan; or quire or form, other than a part- nership, joint venture or limited s, mental injury, mental anguish, humili- liability company, and over which ation, or shock, if directly resulting you maintain ownership or major- from Items A.I. through AA. ity interest, will qualify to be a Named Insured. However: :U 60 02 06 97 (Page 6 of 15) (1) coverage under this proof 'unloading" of any 'autog," aircraft in slon is afforded only until the watercraft unless such coverage Is In- 94th day after you acquire or eluded under the policies listed in the farm the organization or the Schedule of Underlying Insurance and end of the policy period, for no broader coverage than is pro- whichever is earner, Aded under such underlying poEicles. (2) coverage does not apply to Employees wctude "leased workers' 'bodily injury," 'IM4party but not "temporary workers.' "Leased damage," "personal injury workers" are leased to you by a labor Of 'advartising injuW that leasing firm under an agreement be- occurred before you acquired tween you and the labor teasing firm ! or formed the Organization; to perform related durbea to the con- and duct of your business. "Leased work- 3 coverage a lee Doty f the era" are not 'fempararl workers' ( } ge po `Temporary workers," are persons fur- nrganzatan is included un- niched to you to substitute for pemra- der the coverage provided by nent employees on leave or to meet the policies listed in the seasonal or short-term workload condi- Schedule of Underlying In-[Ions. surancs and then for no low broader coverage than is 7. Any person ether than ace of your- provided under suet under- arnpfoyae6, ew organization while act- lying policies. IN as your real estate manager. 2. If you are an ridividuaf, you and your g. Any person (other than your partners, spouse, but only with r"tieci to Me exaCbriva bn`irars, directors, siockhoi- conduct of a business of which you are ders or employees) or organizations the sola owner as of the effective data with respect to any 'auto' ovrned by of this policy. you, loaned to you or hired loy you or on ybuz behalf and used with your per- - If you are a partnership or point ven- missiGX1. ture, the partners or members and their spouses but only as respects the However, the coverage granted by this conduct of your business. Provision S. does not apply to any per- son4. If you are a Ilmlteci tlahtllty company, using an 'auto" while working in a IbusIna55 that sells, tArvinas, repairs or the members or managers but only as parks 'autos" unless you are in that respects the conduct of your business, business. 5. Any person or orrdanlzatlon, other than g, No person or organization Is an "In- the Named Insured, included as an ad- cured" with respect to the conduct of ditional "lnsured' by virtue of an 'In- any currant or past partnership or joint cured rAntract," and to which coverage venture that is not shown as a. Named la provided by the 'underlying Insur- insured in the 6ecfaratlon& ance,' and for no broader Coverage than is provided by the 'undertying G. "Insured contract' means any oral or wnt- insurance' to such additional 'In- ten contract or agreement entered into by sured," you and pertaining to your business under whin you assume the "fort liability' of 6. Any of your partners, executive offl- another party to pay for "hoddy IrrJury' or cer9, directors, or employees but only "property damage" to a third person or while acting within the scope of their organization, provided that the 'bodily In- duties. jury" or 'property damage" occurs subse- Hewever, the, coverage granted by this quent to the execution of the contract or Provision 6. does not apply to the own- arship, maintenanCA, use-, 'goading" or Cif 50 02 06 97 (Page 7 of 151 agreement. 'Tort liability" means a civil a. air compressors, pumps and gen- liability that would be imposed by law in erators, including spraying, weld- the absence of any contract or agreement. ing, building cleaning, geophysi- cal exploration, lighting and well H. "Loading" or "unloading" means the han- servicing equipment or dling of property: It. cherry pickers and similar devices 1. after it is removed from the place used to raise or lower workers; where it is accepted for movement into or onto an aircraft, watercraft or 6. vehicles not described in 1., 2., 3., or 4. "auto"; above maintained primarily for pur- poses other than the transportation of 2. while it is in or on an aircraft, water- persons or cargo. craft or "auto"; However, self-propelled vehicles with 3. while it is being moved from an air- the following types of permanently at- craft, watercraft or "auto" to the place tached equipment are not "mobile where it is finally delivered, equipment" but will be considered "autos": However, "loading" or "unloading" does not include the movement of property by a, equipment designed primarily for: means of a mechanical device, other than a hand truck, that is not attached to the (1) snow removal; aircraft, watercraft or "auto." (2) road maintenance, but not I. "Mobile equipment" means any of the fol- construction or resurfacing; lowing types of land vehicles, including or any attached machinery or equipment: (3) street cleaning; 1. bulldozers, farm machinery, forklifts and other vehicles designed for use b. cherry pickers and similar devices principally off public roads; mounted on auto or truck chassis and used to raise or lower work- 2. vehicles maintained for use solely on ers; and or next to premises you own or rent; c. air compressors, pumps and gen- 3. vehicles that travel on crawler treads; erators, including spraying, weld- ing, building cleaning, geophysi- 4. vehicles, whether self-propelled or not, cal exploration, lighting and well maintained primarily to provide mobil- servicing equipment. ity to permanently mounted: J. "Occurrence" means: a. power cranes, shovels, loaders, diggers or drills; or 1, as respects "bodily injury" or "prop- erty damage," an accident, including b. road construction or resurfacing continuous or repeated exposure to equipment such as graders, scrap- substantially the same general harmful ers or rollers; conditions; 5. vehicles not described in 1., 2., 3., or 4. 2. as respects "personal injury," an of- above that are not self-propelled and fense arising out of the business of are maintained primarily to provide any "Insured" that results in "personal mobility to permanently attached injury." All damages that arise from equipment of the following types: the same or related injurious material or acts will be considered as arising out of one "occurrence," regardless of the U 60 02 06 97 (Page 8 of 15) frequency or repetition thereof, the h. work that has not yet been tort} number and kMd of media used and plated or abandoned. the number of cfaimanW, 2. 'Your work' will be deemed cnmplet- 3. as respects "adverths: g injury," an of- ed at the aarbast of the following fens committed M the course of ad- times' vertising your goods, products and ser- vices that results In 'advertising In- a. When all of the work called far irl jury-" AN danw9es tfiat arise from the your contract has beer eamplet- sarne or related injurious material or ed. iiiiiiiim acts Kilt be considered as arising out b. When all of the +Work to be done of one `occurrence," regardless of the frequency or repetition thereof, the at itte site has ales for work if ! number and kind of media used and your contract tales for work a�! more Char, one site. .® the number of claimanta_ a. When that part of the wofk done K. 'Ilorsonal injury' means. injury other than at a ugh site has been put to its "toddy injury or 'advertising injury aria- Intended isse by any person or or- ng out of one or more of the following ganization other than another con- offenses durng the policy period; tractor or subcontracts working 1. false arrest, detention or imprison the soma prcjecl- Front-, Work that racy need service, maihtea- 2a malicious prosecution; coca, eorrectlon, repair or rrspfacemgn4, WI which is otharwige r"ornpfate, wh® 3, the wrongful wvlchon from, wronyfuf he treated as oornpteted, IIr,S,'' ,[,l+la 0r imiassiiF, of ! o righ,:^y.q v. prlyate occupancy of a room, dwelling hazard* This "products-car ptlateil operations or premises that a parson grcmpies by hazard* does not inGude '4odify in- or an behalf of Its owner, landlord or jury" or "property damage" arising out lessrx; of: a. ciral, written, televised, videotaped, or a, the transportation of property, un electronic publication of material that less the injury or damage anse3 sunders or libel9 a parson or orytiniza- out of a ooMiru n in or on a ve- ticn or disparages a person's or of- hicle created by tfte 'loading' or garfwaoon's goads, products or ser- 'unloading" of it; vices; b, the oxhslf?^oa of loots, unintlallerl S. oral, written, televised, vldgotapad, or equipment or abandoned or un- elecirenic publication of material that used rttaterhals- vlolates a person's right of privacy; or M. "pfvaperty damage` rnearrs: F. mental njury, mental anguish, humili- 1. physical injury to tangible property. (n- ation, of shock, if direr ly mgultin[j from Rems K.1, through 5, chiding all resulting use hat pfmperty. Alt SuchlossSS reff use Will l be L. 1. 'Producfs.ournpleied opwrallons has• deemed to ccwr at the lime of the ard" 'Weans ag "Inodily injury' and physical Injury that caused It or 'property damage" from an "occur- 2. lass of use of tangible property that is Farce, taking plans away from preFr- not physically injured- AN such loss !sea you own or rent and arising out of will be deemed to occur at the time of "your product" er -your work- oxcept the "occurrence' that caused it, a. products thal are slill in your N. "Suit" meting a civil pru€eedttng which physical possession; or seeks monetary damages because of 'bod- ily injury,' 'prop,erty damage,' 'per- (;V 60 02 06 97 (page 9 of 15) sonal injury," or "advertising injury" to "Your product" does not indude vending which this insurance applies. "Suit" in- machines or other property rented to or cludes: located for the use of others but not sold. 1. an arbitration proceeding in which Q. "Your work" means: such damages are claimed and to which you must submit or do submit 1. work or operations performed by you with our consent; or or on your behalf; and 2. any other alternative dispute resolution 2. materials, parts or equipment fur- proceeding in which such damages are nished in connection with such work or claimed and to which you submit with operations. our consent. "Your work" includes: O. "Underlying insurance" means the insur- ance 1. warranties or representations made at coverage provided under policies shown in the Schedule of Underlying In- any time with respect to the fitness, surance, or an additional quality, durability, performance or use y policies agreed to by us in writing. It includes any policies of "your work"; and issued to replace those policies during the 2. the providing of or failure to provide term of this insurance that provide: warnings or instructions. 1. at least the same policy limits; and VI. Conditions 2. insurance for the same hazards, except A. Appeals as to any modifications which are agreed to by us in writing. If the "Insured" or an "Insured's" under- P. "Your product" means: lying insurers do not appeal a judgment in excess of the "retained limit," we have the 1. Any goods or products, other than real right to make such an appeal. If we elect property, manufactured, sold, handled, to appeal, our liability on such an award or distributed or disposed of by: judgment will not exceed our Limits of Insurance as stated in Item 4. of the Dec- a. you; larations plus the cost and expense of such appeal. b. others trading under your name; or B. Audit c. a person or organization whose we may audit and examine your books business or assets you have ac- and records as they relate to this policy at quired; and any time during the period of this policy and for up to three years after the expira- 2. Containers (other than vehicles) materi- lion or termination of this policy. als, parts or equipment furnished in connection with such goods or pro- C. Bankruptcy or Insolvency ducts. The bankruptcy, insolvency or inability to "Your product" includes: pay of any "Insured" or the bankruptcy, insolvency or inability to pay of any of the 1. warranties or representations made at Underlying Insurers will not relieve us any time with respect to the fitness, from the payment of any "claim" or "suit" quality, durability, performance or use covered by this policy. Under no circum- of "your product"; and stances will such bankruptcy, insolvency or inability to pay require us to drop down 2. the providing of or failure to provide and replace the "retained limit" or assume warnings or instructions. any obligation with the "retained limit." U 60 02 06 97 (Page 10 of 15) D. Cancellawn cellation and the receipt of any refur that may hecorne payable under this 1. You may Cannel this polity. You must pormY mail or deliver advance written notice to us slating when the CanCellatinn is 11_ Any of these proviaion$ that Ron40 ter lake effect, with a law that controls the cancella- tion of the insurance in IN15 policy is 2. We may cancel this policy. If we cancel changed by this staternent to comply because of nanpaymant of premium, with the law, we must maul or deliver to you not less that, tan (10) days advaroco, wriltan nr�- E. Cha(Ves tice stating when the cancellation is to take offf3ct If we cancel for any other Notice to any agent a knrnvir3dge pos- reason live must mail or deliver to yriu sessed by any agent or any other Berson not toss than thirty (34) days advance will not effect a waiver or a change in any written notice stating when the can- part of this policy. This policy can only be 30C= oailatioh is to take affect. Mailing that changed by a written endorsement that notice to ymu at your mailing address becomes a part of this poficy and that is shown in Item 1, of the l7onlaratinns signed by one Of our authorized raprei- WIN be sufficient to prove notice, senlatives, 3. The policy period vigil end on the day F. Dulles In The Event of An Occurrence, and hour stated in the cancelUtion no- Claim Or Suit Now omwtice f. You mtiet see to it that we are nutl9e(l 4.. If tive cancel, final prerrmurn will be cal- as soon as Practicable of au "CiMur- cculated pro rats based on the time this rence" wNch may result in a "claim" _, ___ o_ r_ __ r—_, __,:.._ ,..:r n,.,sy+ ,.,,,�„� Fh:r ...,In.n• Yn fho ov_ i.xlllVy YV kfS Ili lillyp_ �I�lal P[¢iinyiu fviw in 2Ye ••, � ,+ W,.vr. .-. - ��. not be less than the Minlmurn Pre• tent possible, notion will include.' V mium :as afx)wn in Item 3, of Iha Dec- larations. a. haw, when and where the "oocur- ren(;e" took place; 5. If you cancel, final premium will be more than pro rate it will I� Cased on h. the names and addresses of any the lime, Ihls policy was In force and Injuired person and wltnesses: increased by Our short rate Cancellation a, the nature and recision of any in- table and procedure. Final prarnlum Jury e wit not trc e less than the Minimum Pr &image arising nail o{ the mtum as shown In Item 3, of the Dec- occurrence," larabons- 2. If a "claim' or "suit' against any "In- 6- Premium adjuslnnert may be made at sufad" i5 reasonably likely to involve the time of cancellation or as soon as this policy yeti must notify tss; in wrft- precticable thereofter bul the cancella- Ing as scan as practicable_ tans will be effective even If we have 3. You and any other involv#d "Insured' not made ui urreier9 aq refund due you. Our check or our repmsentative's must. check- mailed w delivered, WN be suf- a. immediately send Us QQPies of flclent tender of any refund duo you. any demands, notices, sumnwns- 7, The first Natraed Insu ed in Item 1. of es or legal papers eceved in rpn- neetlon with the "claim" or the [Mciarations will act on behalf of suit all other "fnsureTs' with respect to the giving and receiving of notice of E}_ authorize n9 to obtain records and can- other in{ormatlon; CRJ 6d 02 D6 W I;Page 11 of 15) c. cooperate with us in the inves- 1. to keep the policies listed in the Sched- ligation, settlement or defense of ule of Underlying Insurance in full the "claim" or "suit"; and force and effect; d. assist us, upon our request, in the 2. that any renewals or replacements of enforcement of any right against the policies listed in the Schedule of any person or organization which Underlying Insurance will not be more may be liable to the "Insured" be- restrictive in coverage; cause of injury or damage to which this insurance may also ap- 3. that the Limits of Insurance of the poli- ply. ties listed in the Schedule of Under- lying Insurance will be maintained ex- 4. The "Insured's" will not, except at cept for any reduction or exhaustion of their own cost, voluntarily make a pay- aggregate limits by payment of ment, assume any obligation, or incur "claims" or "suits" for "occurrences" any expense, other than for first aid, covered by "underlying insurance"; without our consent. and G. Inspection 4. that the terms, conditions and endorse- ments of the policies listed in the We have the right, but are not obligated, Schedule of Underlying Insurance will to inspect the premises and operations of not change during the of this any "Insured" at any time. Our inspections policy such as to i creased the coverage are not safety inspections. They relate only afforded under this policy. to the insurability of the premises and op- erations of any "Insured" and the premi- If you fail to comply with these require- ums to be charged. We may give you re- ments, we will only be liable to the same ports on the conditions we find. We may extent that we would have been had you also recommend changes. While they may fully complied with these requirements. help reduce losses, we do not undertake to perform the duty of any person or organ!- J. Other Insurance zation to provide for the health or safety of any employees or the public. We do not If other insurance applies to a loss that is warrant that the premises or operations of also covered by this policy, this policy will any "Insured" are safe or healthful or that apply excess of the other insurance. Noth- they comply with laws, regulations, codes ing herein will be construed to make this or standards. policy subject to the terms, conditions and limitations of such other insurance. How- H. Legal Actions Against Us ever, this provision will not apply if the other insurance is specifically written to be There will be no right of action against us excess of this policy. under this insurance unless: K. Premium 1. you have complied with all the terms of this policy; and The first Named Insured designated in Item 1. of the Declarations will be respon- 2. the amount you owe has been deter- sible for payment of all premiums when mined by settlement with our consent due. or by actual trial and final judgment; The premium for this policy will be corn- This insurance does not give anyone the puted on the basis set forth in Item 3, of right to add us as a party in an action the Declarations. At the beginning of the against you to determine your liability. policy period, you must pay us the Ad- vance Premium shown in Item 3, of the I. Maintenance of Underlying Insurance Declarations. During the period of this policy, you agree: When this policy expires or if it is can- celed, we well compute the earned pre- mium for the time this policy was in force. If this policy is subject to audit adjust- :U 60 02 06 97 (Page 12 of 15) ment, the actual exposure basis will be Expenses incurred in the exercise of rights used to compute the earned premium, tf of recovery will be apportioned between the earned premium is greater than the the interests, including the "Insured," in Advance Premium, you will promptly pay the ratio of their respectn* recovwles as us the difference. If the earned Premium is Iinasyr settled. less man the Advaore Premium, we wig return the difference to you. But in any N. Terms t;onformed to Statute event we vMl rataln the Mlnlmum Pre- The terms of this Policy which are in con- mium as shown in Item 3- of the ®eclara- @list with the statutes of the slate where bons for each twelve months of our policy this Policy is issued are amended to Con.- penod- form to sum statutes. f L, Separation of fnsureds If we are prevented by law or statute from Pxcep@ with respect [o our Limits of Insur- paying on behalf of an 'Insured,' then we ance and any riglits or duties specifiealy will, where permitted by law or statute, assigned to the first Named Insured des- ignated the "Msurc�" for those surns in — in Item 1, of the Qeclarations, this excess of the 'retained limit" _..- insurance apptias O. Transfer of Your Rights And Duties 1. as if each Named Insured v:are the Your rights and duties under this poky only Named Insured; and may not be transferred wlthout our written NNW I separately to each 'Insured" against consent, whom 'darn' is mad® or "suit" If -Webraughl. you die rx 8 legally declared bankrupt, your rights and duties wIM t* transferred M_ Transter of Flights of Recovery Against f.0 yrll,. la�al reprusenla#Ve hilt nnhy while Others to Us acting'within the &rope of duties as your legal representative- H(Yw Wer, nQtice <sf If any 'Insured" has rights to recover all or cancellation sent to the first Named In- part of any psyment we hays made under cured designated in Item 1_ of the Declara- this policy, those rights are transferred to lions and mailed to the address shown In us.. The insured' must do nothing after this po" will be s(rffruienl n44iGe to effect loss to Impair those rights and must help rancellallon of this potty. trs enforrg them_ P. When loss Is Payable Any recoveries Will be applied as fattuws: Coverage under this policy wig rwl apply i. any in@afasts, tndutlirlg Use "Insured," unless and until any 'insured" or an 'In- that hate paid an amount in excess of sured's' undertying irssurer is obligated to our payment undet (his policy will be pay the 'retained limit." reimbursed fist; When the amount of Ioss has finally been 2. we then vrgl be reimbursed up to the delerm+nect, we will puufopty pay run be- amaunt vre havu paid; and half of the 'Insured" the amb:uni of lass falling within the terms of this pulley, 7, lastly, any interests, including the "Iri- sured,' over which our inSU'fanCe Is You will promptly reimburse us for any excess, are antr6ed to claim the resi- amount w.ilhln the Self4risured Relonflon due advanced by us at our discretion an behalf of any "Insured." CV K 02 Q) g7 (Page 13 of 15) NUCLEAR ENERGY LIABILrrY EXCLUSION This policy does not apply to: Canada, this Exclusion 2.c. applies only to "nuclear property damage" to such "nu- t. Any liability, injury or damage: clear facility" and any property therein. a. with respect to which any "Insured" under 3. As used in this exclusion: the policy is also an "Insured" under a nuclear energy liability policy issued by a. "Hazardous properties" includes radioac- Nuclear Energy Liability Insurance Associ- five, toxic or explosive properties. ation, Mutual Atomic Energy Liability Un- derwriters, Nuclear Insurance Association b. "Nuclear facility" means: of Canada or any of their successors, or would be an "Insured" under any such i. any "nuclear reactor"; policy but for its termination upon exhaus- tion ii. any equipment or device designed or of its Limits of Insurance; or used for b. resulting from the "hazardous properties" (1) separating the isotopes of urani- of "nuclear material" and with respect to um or plutonium, which (a) a person or organization is re- quired to maintain financial protection pur- suant to the Atomic Energy Act of 1954, or (2) processing or utilizing spent fuel" or any law amendatory thereof, or (b) any "Insured" is, or had this policy not been O 3 handling, issued would be, entitled to indemnity processing or packaging "nuclear waste"; from the United States of America, or any agency thereof, under any agreement en- iii. any equipment or device used for the tered into by the United States of America, processing, fabricating or alloying of or any agency thereof, with any person or special nuclear material" if at any organization. time the total amount of such material in the custody of any "Insured" at the 2. Any injury or "nuclear property damage" re- premises where such equipment or de- sulting from the "hazardous properties" of vice is located consists of or contains "nuclear material," if: more than 25 grams of plutonium or uranium 233 or any combination there- a. the "nuclear material" (a) is at any "nu- of, or more than 250 grams of uranium clear facility" owned by, or operated by or 235; on behalf of, any "Insured" or (b) has been discharged or dispersed therefrom; iv. any structure, basin, excavation, prem- ises or place prepared or used for the b. the "nuclear material" is contained in storage or disposal of, "nuclear "spent fuel" or "nuclear waste" at any waste," and includes the site on which time possessed, handled, used, processed, any of the foregoing is located, all op- stored, transported or disposed of by or on erations considered on such site and behalf of any "Insured"; or all premises used for such operations, c. the injury or "nuclear property damage" c. "Nuclear material" means "source mate- arises out of the furnishing by any "In- dial," "special nuclear material" or by- sured" of services, materials, parts or product material, equipment in connection with the plan- ning, construction, maintenance, operation d. "Nuclear property damage" includes all or use of any "nuclear facility," but if such forms of radioactive contamination of facility is located within the United States property. of America, its territories or possessions or :U 60 02 06 97 (Page 14 of 15) e. 'Nudear reactor" means any aprparalus g_ 'Source material,' 'special nuclear mali�- designed or used to sustain nuclear fission rial," and °6yproducl material' have the in a self-suppprtiN chain re:aotion or to meanings given them in the Atomic En- contain a critical mass of fisslonable ma- ergy Act of 1954 or In any law amendatory ' levial. thereof. if, Nuclear wasla' means any nuclear waste h. "Spent fuol" means any fuel element or material (a) containing "byproduct male- fuel component, sued or frquid, which has risk" other than Use tailings of nutiaear been used or exposed to radiation in a waste produced by the extraction or con- "nuclear reactor." cantrafion of uranium or thorium from any ore processed prirwrily for its "source ma- This endorsement does not change any other pre- Now tanal' contant, and (h) rosutfing from the vision of the policy. operation by any person or organization of any 'nuclear facility' nauded within the definition of "nuclear facilit}r' under Para- graph 3.b.i. or 3.11b.ii. s In Witness Wirmaf, we have caused this policy to be executed and attested, but this pollcy will not 4e iwm— Wrrrr valid unless counferoigned by one of our duly authodced representalivQs, Where mequired by taw. C'if K 02 W 97 Rage 15 of 15) CU 60 30 06 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CARE, CUSTODY OR CONTROL EXCLUSION - REAL OR PERSONAL PROPERTY The following exclusion is added to Section IV - EXCLUSIONS: Any "property damage" to real or personal property in the care, custody or control of any "Insured," or loaned to any "Insured," or used, rented, or occupied by any "Insured," or as to which any "Insured" is for any purpose exercising physical control. This endorsement does not change any other provision of the policy. U 60 30 06 97 COMMERCIAL UMBRELLA CU 60 39 01 15 THIS ENDORSEMENT CHANCES THE POLICY, PLEASEREAD IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies Insurance provided under the following: COMMERCIAL UMBRELLA COVERAGE FORM If aggregate Insured lasses attributable to terrorlst acts cert1led under the federal Terrorism Risk Insurance Awl exceed $1M b9lian in a calendar year and we have met our ineurer deductible under the Terrorism RFsk Insurance Act, we shalt not be liable For the payment of any portlrm of the amount of such 19sses that exceeds $100 bilfm, and in such cage insured lasses up to that airwunt are subject to pro rats allocatlon in accordance with procedures WaNished by Iha Secretary of the Treasury. "CertSed act of terrorism" means an act that Is oertlfled by the Secretary of the Treasury, In accordance with the provisions of the federal Terrnrism Rfsk InSurantoe Act to be an act of te"nsm pursuant to such Act. The criteria contained In the Terrorism Risk Insurance Act for a "certftd act of terrorism" low include the following: i 1. The act resulted in insured IoSSHs in excsss of $5 million in tho aggregate, atVbutaMe to all typ4A; of insurance subject to the Terrorism Risk Insurance i4ct; and 2. The aci is s violent act or an act that is dangerous to human We, property or infrastiuclune and is committed by an indlvldual or Indfwlduals os part of an effort to coeroe the ci lllan population of the irritarr Stag or to infhiienea the aolicv or etfW, the conduct of the United States Government by coerclon. The terms and tlmitatlons of any terrorism exclusion, or the napplicabllity or omtsson of a terrorism ex*sicn, d4 npt serve Or? create cowrage for injury or damage that is cthe aW excluded urxler thin policy. This endorsement does rwt change any other provision of the policy. 20I S Liberty lAutu el lneurance CU 60 39 01 15 Inciudear-opyrlghted material of InsuranceServxesOffice,Inc_mth ns perrnla9lon. Paw 1 of 1 COMMERCIAL UMBRELLA CU 60 40 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNDERLYING COVERAGE REQUIREMENT FOR CERTIFIED ACTS OF TERRORISM With respect to any one or more "certified acts of terrorism," we will be liable only for that portion of damages, subject to the Each Occurrence Limit stated in the Declarations, in excess of the total amounts stated as the applicable limits of the underlying policies listed in the Schedule of Underlying Insurance and the applicable limits of any other insurance providing coverage to the "Insured" during the Policy Period. If you fail to comply with this Underlying Coverage Requirement for "Certfied Acts of Terrorism" and you do not maintain your underlying limits as scheduled, we will only be liable to the same extent that we would have been had you fully complied with this Requirement. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and 2. The act is a violent act or an act that is dangerous to human fife, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. ,This exclusion does not apply to the extent that insurance is provided by a policy listed in the Schedule of Underlying Insurance, and for no broader coverage than is provided by such policy. This endorsement does not change any other provision of the policy. m 2015 Liberty Mutual Insurance CU 60 40 01 15 Includes copyrighted material of Insurance Services Mce,Inc.,with its permission. Page 1 of 1 COMMERCIAL UMBRELLA CU 61 06 01 1� THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. AUTO LIABILITY" - FOLLOWING FORM This endorsement modules insurance provlded under the following_ COMMERCIAL UMBRELLA COVERAGE PART a 1. The following exclu icm is added to Section IV. .EXCLUSION& This Insurance does not apply to: T Any liability arising Drat of the ownership, maintenance, use or entrusdrnent to others of any 'auto-' Use indudss operation and 'loading' ar `unloading". Thia exclusion applies even if the daims against any "Insured" allege negligence or other wrongrt irtg in the supervision, hiding, employment, training or ^^^ nwniloring of alhars by that "Insured". This exclusion does not apply to the extent that Insurance for such ilabillly Is pfo�Qed, by a policy Ilswd' in the Schedule of Underiyring lnrsur�mce, and for no brgader coverage than is pr(lvided by Such policy 2. Paragraph B.urtder Section V. DEFINITIONS is, replaced by the Following_ B. "Auto" means an auto as It Is deflnred In the applicable "underlying insurance". This endorsement does not change any ci ner provision of the pocky. ® 20i2Literty Mutual lnsuranve CU 61 a6 01 13 Includeseopyrighted mstenal of Insursno SemoasOftlee,lnc.,w& As pennlsalon. pnogn 1 of 1 CU 61 15 07 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENGINEERS, ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA COVERAGE PART The following exclusion is added to Section IV. -EXCLUSIONS: This insurance does not apply to: Any liability arising out of the rendering of or failure to render any professional services by you or any engineer, architect or surveyor who is either employed by you or performing work on your behalf in such capacity. Professional services include: 1. the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2, supervisory, inspection, architectural or engineering activities. This exclusion applies even if the "claims" against any "Insured" allege negligence or other wrong- doing in the supervision, hiring, employment, training or monitoring of others by that "Insured", if the "occurrence", "offense" or other act, error or omission involved the rendering of or failure to render any professional services by you or any engineer, architect or surveyor who is either em- ployed by you or performing work on your behalf in such capacity. This endorsement does not change any other provision of the policy. ® 2014 Liberty Mutual Insurance.All rights reserved. CU 61 15 07 14 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 1 COMMERCIAL UMBRELLA CU 61 90 00 10 THIS EN6ORSEfdENT CHANGES THE POUCY, PLEASE READ IT CAREFULLY, WASHINGTON CHANGES - CANCELLATION AND NONRENEWAI_ This endorsement modifies insurance provided under the following- COMMERCIAL UMBRELLA COVERAGE PART EXCESS LIABILITY COVERAGE PART t� 1. Condition, 0_ Canceflaf on under Section VI_ Cond[ttons is replaced by the following: D. Cancellation 1. The first Nanyed Insured shown in the Nelaratlons may cancel this policy by notifying us of the insurance producer in one of the folfavring waya; a. Written notice by mail, fax rw a mail; b. Surrender of the policy or bindarl or d� a. Verbal notice, {upon receipt of such n4lios3, we will cancel INis policy or any hinder issued as evidE rnoa of coyerage, effectlye on the toter of the follawing; a, The date on which notice is received or the policy or binder is surrendered; or b. The date of cancellation requealed by the first Named Insured, 2, We may camel this poky by mailing or delivering to INe first Named Insured and the test Named Insured's agent or broker written notice of cancellation, mcfuding the actual reason for the cancellation, to thg last mailing address known in us, at least: a. 10 days before the efleclvet date of eancabatlon if we canoe[ for nonpayment of pretnlum; of b. 45 days before the offedivn date of cancmlatim if wo cancel for any other mason.. a. We will also mall or deliver to any mortgage holder, pledgee or other person shown in this p0kcyr to hale an interest in any Ions which may occ?Ir under this pelioy, Qt their last mailing address known to us, written notice of canceltallon, prior to the effective date of cancellation. This notice will be the same as that mailed or delivered to the first Named Insured, A. Notice of cancallaliw will slate the effattive data of rancalfation_ Tho poky parird will and on that date. 5. If this policy is ❑ancelled, we will send the first Nemad Insured any premnum refund due. If we cancel, the refund will be pro rats. If the first Named lnsured cancels, the refund will be at least 40% of the pro rota refund. The cancellation will be effecine even if we have not made or offered a refund. 6, ff notice is mailed: proof of mailing will be sulficient proof of notice, 2. The following Cendltlon is added to Section Vl, Conditions and rjupersedes any prpwiso-on to the C�Qn- trary' Nonrenewml '1010Lb" Mutual [muratice Company.All rocs raservad. CU 61 90 08 10 Includescripytll7hted material of lnsuranceSarrccasLltflc ,Inc_with its pannlsalon. Page 1 of 2 We may elect not to renew this policy by mailing or delivering written notice of nonrenewal, stating the reasons for nonrenewal, to the first Named Insured and the Named Insured's agent or broker, at their last mailing addresses known to us. We will also mail to any mortgage holder, pledge or other person shown in the policy to have an interest in any loss which may occur under this policy, at their last mailing address known to us, written notice of nonrenewal. We will mail or deliver these notices at least 45 days before the: 1. Expiration of the policy; or 2. Anniversary date of this policy if this policy has been written for a term of more than one year. Otherwise, we will renew this policy unless: 1. The first Named Insured fails to pay the renewal premium after we have expressed our willingness to renew, including a statement of the renewal premium, to the first Named Insured and the first Named Insured's insurance agent, at least 20 days before the expiration date; or 2. Other coverage acceptable to the "Insured" has been procured prior to the expiration date of the policy; or 3. The policy clearly states that it is not renewable, and is for a specific line, subclassification, or type of coverage that is not offered on a renewable basis. I F 4D201RUD0r1r"uWaf'%urance Company.All rights reserved. GU 61 90 08 10 Includes copyrighted material of Insurance Services Office, Inc.,with its perrnission. Page 2 of 2 CU63440697 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. FOREIGN LIABILITY - FOLLOWING FORM The following exdusion is added to Section FV - EXCLUSIONS. Any "bodily injury.' "property damage,' "pamonaf injury," or "advertising injury" Which o=um outsido the United States of America, its terdiiones and possessions, Puerto Rico, or Canada, empapt to the exterd that such insuranco is provided by a pdicy listed in tha Schedule of Undorty9ng Insurance, and for run ;.saaae broader coverage than is provided by such policy. This endorsemmenl does not change any other provision of €he policy, 011 6144 06 97 COMMERCIAL UMBRELLA CU 64 30 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA COVERAGE PART The following is added to Section IV -Exclusions: This Insurance does not apply to: 1. "Bodily injury", or "property damage", "personal injury" or "advertising injury" which would not have occurred, in whole or in part, but for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any "fungi" or bacteria on or within a building or structure, including its contents. 2. Any loss, cost or expenses arising out of the abating, testing for, monitoring, cleaning up, remov- ing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, "fungi," or bacteria, by any "Insured" or by any other person or entity. This exclusion does not apply to any "fungi" or bacteria that are, are on, or are contained in, a good or product Intended for bodity consumption, but only to the extent that insurance is provided by a policy listed in the Schedule of Underlying Insurance, and for no broader coverage than is provided by such policy, For the purposes of this endorsement, "fungi" means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or by- products produced or released by fungi. This endorsement does not change any other provision of the policy. CU 64 30 12 04 Includes copyrighted material of Insurance Services Office,with its permission. Page 1 of 1 CU 64 32 (Ed. 03 99) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. WASHINGTON ASBESTOS EXCLUSION Emulsion N. Is deleted from Section IV. -EXCLUSIONS and Is replaced by the following: Any liability, Iftcludingi, but not limped to settlements, judgments, costs, charges, expenses, costs of Inves- 50orta, or the fees of att4meys, experts, or conwuants arising put of or related in any way, either directly or indlrectlyr, tar 1. the inhalation, ingesOon or prororged physical exposure to asbestos or goads or products containing a5ttasltrs; �_- 2. the use of asbestos In rwsiructing or manufacturing any good, product or structure', 3. the reaKwal of asbestos from any goad, product or stnrciure, or 4gem . the rtanuFactu e, sale, trar*spvrtatiun, stixa a or dispr l 9f ashestEa or goods or pradrm is pontaining asbestos. This endorsement does not change any other provlslon of the policy. CU 64 32 03 99 Page I of 1 COMMERCIAL UMBRELLA CU 64 79 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF THE LAW EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA COVERAGE PART The following exclusion is added to Section IV - Exclusions: This insurance does not apply to: Any liability arising directly or indirectly out of any action or omission that violates or is alleged to violate: 1. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; 2. The CAN-SPAM Act of 2003, including any amendment of or addition to such law; 3. The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or 4. Any federal, state or local statute, ordinance or regulation, other than TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. This endorsement does not change any other provision of the policy. i CU 64 79 05 09 Includes copyrighted material of Insurance Services Office,with its permission. Page 1 of 1 CU64620714 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. AV1yIIENDVat!IENT - ELECTRONIC DATA This endorsement modifies insurance provldW under the following: COMMERCIAL UMBRELLA COVERAGE PART A. The followitg axefusirm is added In SAction W. EXCLUSIONS*. This Insurance doers not apply to Damages arising out of the loss of, loss of use of, damage 10, corruption of, inability to aa0es4, or inability In manipurat-a "alacUonic data'. This exalirsian Base not apply to liability for damages because of "bodily injury", but only, to the extent that insurance is provided for such damages 4y a polity listed in the Schedule of Und®dying Insufance, and for no brnadAr noverage than is pro- vided by such pricy. WWI B_ Section V, DEFINITIONS is amended as 4o11osve: 1. Definition M. is teptacead by the folfovAng_ M. 'Property damage" moans: 1. physical injury to tangible property, including al resulting lass of use of that pfopemy. ,Ail such foss of use Shall be deemed to occur at the time of the physical injury that caused it: or 2, loss of use of tangible property that is not physically injured_ Alf such loss gr use shall be cleemd to occur at the time of the "occurrence" that caused IL For the purposes of this insurance, "electronic data' is not tangible properly, 2, For itie purposes of this endprsetnent, the EU icwing ciefinition is added. 2f8ctronic data' means, information, facts ar programs stared as or on, created or used on, or transmitted to or from aomputef software, including systems ared applications software, hard or floppy disks, %trFtGhts, tapom drives, cai[s, data prucov"Iiaq dnvibes or any oth�r madia which are ussd rcith electronically controlled equipment This endorsement does not change any other provision of the policy, 0 2014 Liberty Mutual Inswxanca:AM rights rasen.rd, CU 64 $2 07 14 Ifinudeicopyrighted fnatedal 01 Ihs'Arane>uServtaes Ofrloe,Inc,.,wrh lies permi�ien. Page 1 of 1 CU 64 87 10 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECONOMIC OR TRADE SANCTIONS CONDITION ENDORSEMENT The following is added to Section VI -CONDITIONS: Economic or Trade Sanctions If coverage for a claim or suit under this policy is in violation of any United States of America economic or trade sanctions, including but not limited to, sanctions administered and enforced by the United States Treasury Department's Office of Foreign Assets Control ("OFAC"), then coverage for that claim or suit will be null and void. This endorsement does not change any other provision of the policy. CU 64 87 10 05 CU "92 01 13 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, MOBILE EQUIPMENT - FOLLOWING FORM This 4ndorsarhant modifies insurance providae under the fe6awirrq: COMMERCIAL UM4fzEt_LAS COVERAGE PAFZ-r 1. The following exclusion is added to Seacri IV, •E}fUUSIONS! This insurance does riot apply to: � Any llahblty for or arlseng out of the owwnemnip, rnai�ntsnanco, uscEt or entrustment to others of any "mobile equipment". Use inrludee operation and %ibdirig' or 'unloading', This +;xRdusion applies even if the claims agalnst any "Insured" allege negligence or other wrongdoing in the Supefyislon, hiring, 6,,Wfcyrnent, training or nsarniloring of others by the 'Insured". This exalrs5iran does not apply In the extent that insurance for such liability is provided by a poI""tty lisletl in the Schedule of Underlying Insurance, and for no broader crrierage than is pruyided by such policy WE VOW 2, Paragraph 1. under Section V. DEFINITIONS is replaced by the FnllowiN L "Mobile equipment" means mobile equipment a5 it is defimed in the applicatife "urhdoriyirtg fnsur- ance", rti:l ....,...�.,......... .Aucs not F. 1—. e on, "4h. icinn of Iha mler-e 22012 Liberty irtutual Insurance CU 9492 01 13 Indudesrepynghted material of InsUrance8er^casOltlr ,Inc.,wnh is parmlaylon. Page 1 of I CU 64 95 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance, and for no broader coverage than is provided by such policy. This endorsement does not change any other provisions of the policy. CU 64 95 12 07 COMMERCIAL UMBRELLA CU 65 08 01 15 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM' This endorsement modifies insurance provided under the following; GOMMEiCIAL UMBRELLA COVERAGE FORM A. The following exclusion is added: This insurance does not apply to: TERRORISM PUNITIVE DAMAGES '= Damages arising, directly or indirciolly, out fff a 'certifisid art of terrorism' that are awarded as punitive damages. a, The fallowing definition is, added: game "Certified act of terrorism' means an acl that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of tefronsm puesuartt to such Act. The eritsria ccntairtetl nt the Terrorism Risk Insurance Act fm a 'oarVF8d act of terrorism° im ude the following 1_ The get resulted in insured losses in excess of 5-5 million in the aggregate, attributable to gtl types of insurance suh*ct to the Terrorism Risk Insurance Act: and 4 The act is a violent act or an act that is dangerous to human life, property of infrastructure and Is committed by an individual or inTwirluals as part of an effort to coerea the eiviian population of the United Slates of to influence the policy or affect the conduct of the United States Gbverflrrient by Goercaion. C. The teems and Iimllatwons of any terrorlsm exclusion, or tf"w Inapplicability of omission of a terrorism ex4lrSicn, do nal serye. to Ideate c9'rerage for injury 9r damage that is c+theFwr excluded under this policy. This endorsement does riot charwde any other provision of IhF, policy. 4 201�UtortyMutual Insurance CV 65 08 at 15 Indudes copyrighted rtiy[e ai of Insurance Ser ,c es Qtri t,Inc..wish ifs permission, Page 1 of 1 COMMERCIAL UMBRELLA CU 88 01 12 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAR LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA COVERAGE PART Exclusion M. under Section IV - Exclusions is replaced by the following: This insurance does not apply to: M. "Bodily injury", "property damage", "personal injury" or "advertising injury", however caused, arising, directly or indirectly, out of: 1. War, including undeclared or civil war; or 2. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or 3. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. This endorsement does not change any other provision of the policy. i CU 88 01 12 02 Includes copyrighted material of Insurance Services Office,with its permission. Page 1 of 1 CLI 88 04 07 14 THIS ENDORSEMENT CHANGES THE POLICY, f'iEASE READ IT CAREFULLY. PROFESSIONAL SERVICES EXCLUSION This endorsement rnodiGes insurance primed under the following: COMMERCIAL UMBRELLA COVERAGE PART The following exOuwn is added to Section IV, _ FXCLUSIONS: This insurance does not apply b' mm— `Bodily injury', 'property damage`, `personal injury" , 'advertising injury' or "personal and advertiwg injury' raysed by the rendering, of or failure to Ferrier any professional service. This Includes hot is not hrnMd tn. 1. Legal, accounting or advertising services; 2. Preparing, approving, or failing to prepare or approve maps drawings, oipinlona, reporl9, surveys, change orders, designs or specifications; ME 3, Supervisory, inspection or engineefing services; A. Medical, svrgical, dental, x-ray or nur prig services treatment advice or instruction, % Any health ar therapeutic servile tr6atrtnent, advide or instnicbm; 8, Any service, treatment, advice or instruction for Vva purer of appearance or skin enhance- manl hair rnmrrval ry roA.a rnpnt or npmnnal nrn rninn' ter. , 7. Optometry or oplical or hearing aid rarvit�,5 including the pd ril:ingl, preparation, fitting, den-tDinstraition or distribution of ophthalmic lenses and similar products or hearing aid devices, 8, Body pletcing services; and 0, Services in the practice of pharmacy. This exclugion applies Even if the %lairrrv' ageinat any "Insured" allege negtigenGe or other wrongdoing in (fie supervislon, hiring, empRr°yr ant, training or mmnllofing of others by that "In9ured", iF the 'occurrence", 'offense" or other act, Error or oinlg9ir]n invclrred the r?rxlerirg of or fallure to render any professional service. This endorsement does rwl change any other provision of the policy. 0 2n14 t btirty Muluel Ins,"ce.Al rights reserved. CU 88 04 07 14 ndudescopyrighted material of Insurance Senricas Office,Inc,,with its permission, Raga 1 of 1 COMMERCIAL UMBRELLA CU 88 27 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON EMPLOYMENT-RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA COVERAGE PART Exclusion O. under Section IV - Exclusions is replaced by the following: This insurance does not apply to: O. "Bodily injury", "personal injury" or "advertising injury" to: 1. A person arising out of any: a. Refusal to employ that person; b. Termination of that person's employment; or c. Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or 2. The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment-related practices described in Paragraphs 1.a., 1.b., or 1.c. above is directed. This exclusion applies: 1. Whether the injury-causing event described in Paragraphs 1.a., 1.b, or 1.c. above occurs before employment, during employment or after employment of that person; 2. Whether the insured may be liable as an employer or in any other capacity; and 3. To any obligation to share damages with or repay someone else who must pay damages because of the injury. However, Paragraphs 1.a. and 2. of this exclusion do not apply if such "bodily injury", "personal injury" or "advertising injury" is sustained by any employee of the insured whose employment is subject to the Industrial Insurance Act of Washington (Washington Revised Code Title 51). This endorsement does not change any other provision of the policy. CU 88 27 12 07 Includes copyrighted material of Insurance Services Office,with Its permission Page 1 of 1 COMMERCIAL UMBRELLA CU 8B 31 05 dS THIS ENDORSEMENT CHARGES THE POLICY, PLEASE READ IT CAREFULLY. PERSONAL AND ADVERTISING INJURY - FOLLOWING FORM This endorsement modifies insurance provided under the folbv±ing: COMPAERCIAL LM&RELLA CUVERAQE PART A. SECTION I. COVERAGE under Ilse INSURING AGREEMENTS ie replaced oy the follgrnng: I. COVERAGE A. We will pay on behatf of the "Insured" those sums in excess of the "Retained Limit' That the "Insured" becomes legally abligalad to pay by reason of liability imposed by law or assumed by the 'Insured" under an "insured contract" because of "bodily injury "property damage` or 'personal and advsrlising injury' t6 whf& this irrsuranae applies_ The amount wa will ply Pod damages is limited as described m the INSURING AGREEMENT, SECTION II, LIMITS OF MURANCE. No other obligation or liability to pay sums or perform acts or sarvicos is coverad unless expiicilly provided for under SECTION I*. DEFENSE, ANN8_ Thia insuraraoe applies W: 1: Badly injury^ or 'property damage" only If a. The "bodily injury" or"property damage" occurs during the Policy Period; and b. The "bodily injury" or 'property damage" L5 caused by an 'Deese rgnce' happening anywhere, and c, Prior to the Policy weriod„ no Insuwed" fisted under paragraphs tat., 2., 3. OF 4. of definition F. under SECTION V. DEFINITIONS, and no employee authorized N you to give or receive notice of an "occurrence" or "claim", knew that the "bodily injury" or 'property damage" had occurred, in whole or in part. If such a listed 'Insured" or authorized employee knew, prior to the Policy Period, that the "bodily injury" or "property damage" occurred, then any continuation, change or rasumption of such 'bodily injury' or "property damage" during or after the Policy Period wil be deemed to have been known prior to the Policy Period. 2. "Personal and adverlising injury' oaused by an "offense' arising out of your business but only if the 'of rule" was committed during the "icy Period. C. "9odily Injury" or 'property damage" whleh occurs during the Polley Period and was not, prior to the Policy Period, known (o) have pccurrad by any 'Insured' listed under paragraphs i.a_, 2., 3. or 4. of deflnitlon F. under SECTION V. DEFINITIONS, or any employee authorized by you to give or receive notice of an "goGUnence' or %Wim", induces any cantinuaiion, grange or resumption of that 'bodly injury" or "property damage" after the end of the Polley Period, D. "Bodily injur/' or "property damage" will be deemed to have been known to have oceumed at the earliest time when any "Insured" Ilsiad under paragraphs 1,a., 2, 1 or 4. of defiriiiion F. under SECTION V. DEFINITIONS, or any employee authorized by you to glye or receive notice of an-occurrnnW or 'ctaim'_ 1. Reports all, or any part, of the "bodily injury' or 'property damage' to us or any olher iasllrer; Z. Receives a mitten or aerbal demand or "claim" for damages because of "bodily Injury' or "property damage"; or 3. &icomos aware by any other means that bodily injury' or 'property damage' has ac- curred, or has begun to ooeur. E. 6amages bacau&a of -bodily injury- include damages claimed by any person or organizati on €or care, loss or services or death resulting M any time from the "bodily Injury", ID2010Lb" Mmusl Insurance Company.All rUwls reserved. CU 88 31 05 09 Indudescr,pyrl0hted material of InsursnceSamcesOrtic ,Irrc.,wtlh da permlaslon. pagn 1 of 4. �. .SECTION It. LIMITS OF INSURANCE is amended as follows: n1. Paragraph B. is replaced by the following: B. The General Aggregate Limit is the most we will pay for all damages covered under SECTION 1, COVERAGE of the INSURING AGREEMENTS, except: 1. Damages included in the "products-complete operations hazard"; and 2. Coverages included in the policies listed in the Schedule of Underlying Insurance to which no underlying aggregate limit applies. The amount stated on the Declarations as the General Aggregate Limit is the most we will pay for all damages arising out of any "bodily injury", "property damage" or "personal and ad- vertising injury" subject to an aggregate limit in the "underlying insurance". The General Aggregate applies separately and in the same manner as the aggregate limits in the "underlying insurance". 2. Paragraph D. is replaced by the following: D. Subject to B. or C. in SECTION II. LIMITS OF INSURANCE, whichever applies, the Each Occur- rence Limit is the most we will pay for "bodily injury", "property damage" or "personal and advertising injury" covered under SECTION I. COVERAGE of the INSURING AGREEMENTS because of all: 1. "Bodily injury" or "property damage" arising out of one "occurrence"; and 2. "Personal and advertising injury" arising out of one "offense". 3. Provision 2. of paragraph G. is replaced by the following: 2. the amount stated in the Declarations as the Self- Insured Retention as a result of any one "occurrence" or one "offense" not covered by the underlying policies listed in the Schedule of Underlying Insurance nor by any other insurance providing coverage to the "Insured" during the Policy Period; C. SECTION III. DEFENSE is amended as follows: 1. Paragraph A. is replaced by the following: A. We will have the right and duty to investigate any "claim" and defend any "suit" seeking damages covered by the terms and conditions of the policy when: 1. The applicable Limits of Insurance of the underlying policies listed in the Schedule of Underlying Insurance and the Limits of Insurance of any other insurance providing cov- erage to the "Insured" have been exhausted by actual payment of "claims" for any "Occur- rence" or "offense" to which this policy applies; or 2. Damages are sought for any one "occurrence" or "offense" which is covered by this policy but not covered by any underlying policies listed in the Schedule of Underlying Insurance or any other insurance providing coverage to the "Insured". 2. Paragraph B.1. is replaced by the following: 1. We will investigate any "claim" and defend any "suit" against the "Insured" seeking damages on account of any "occurrence" or "offense" covered by this policy. We have the right to investigate, defend and settle the "claim" or "suit" as we deem expedient. 3. Paragraph D. is replaced by the following: D. In all other instances except paragraph A. in SECTION Ill. DEFENSE, we will not be obligated to assume charge of the investigation, settlement or defense of any "Claim" or "suit" against the "Insured." We will, however, have the right and will be given the opportunity to participate in the settlement, defense and trial of any "claim" or "suit' relative to any "occurrence" or "offense" which, in our opinion, may create liability on our part under the terms of this policy. If we exercise such right, we will do so at our own expense. 02010 Liberty Mutual Insurance Company.All rights reserved. CU 88 31 05 09 Includes copyrighted material of Insurance Services Office,Inc.,wlth its permission. Page 2 of 4 (6) "Bodily injury' or 'property damage" sustained within a building and caused by the release e, gases, fumes or vapors from materlals brought Into that building In connection with operations being perfarnned by you or on your behalf by a writractor or subcontractor. (7) Fuels, lubricants, fluids, exhaust gases or other sirrulaa "poltulants" that arm needed for of result from the normal electrical, hydraulic or mechanical functioning of an "auto" covered by 'ssitheduled underlying insurance- or its pang, if: (a` The "pollUtarits" escape, seep, migrate Or are discharged, dispersed or released directly from an 'auto' part designed by its manufacturer to hold, store, recalva or dispose of such "pollu- tants"; and (b) The "kiodily injury" or "property damage' does not arise Out of the operation of any equipment listed In paragraphs B b. and B.c. of the deflnitlon of "mobile equipment". im "Occurrences' that take place away from premises owned tv or rented to an "Insures!" with raspnct to "ptr0utants" not in or upon an 'auto' cav®red by "undsrlyira[} etsurance" if: (a) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaglad as a result of the maintenance or use of an 'auto' covered by 'underlyng insur- ance"; and (b) The discharge, dispersal, seepage, migration, release cr esi ape of the "poltulanle" is caused directly by such upset, overturn or damage. now However, the exceptions to this excluslon L. in paragraphs (1), (2}, (3), (4), (5), (6), (7) or (8) above apply only to Ute aadant that insurance is affordod for such "bodily injury or "property damage" by "underlying insurance". Provided, hrtrvrever, that the coverage afforded by this policy will be no broader Win the coverage afforded by such 'underlying insuranca"_ Regardless of Ihe- extent of "undertyirtg insurance", none of the exceptions to this exclusion L. in paragraphs (1), (2), (3), (4), (5) or (e) above apply vrith respect to 'MJily injunf or `property damage' arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of 'polluiants"- (i) At or from any prernlses site or location which Is or was at any time used by or for any "Insured" or pthera for handling, slarag]e, disposal, processing or treatment of waste; Or tilt Which am or were at any time transported, handled, stared, trnatad, disposed of, or processed as waste by or for any 'Insured or any person or organization far whom you may be legally respon- sible; or (ilk) At or from any premises, site or location on which any "Insured" or any contractors or subcontrac- tars working directly or indirectry do any "Insured S" behaH are perform®tg operations if the oper- ations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess that effects of, -ItPtutane- Paragraph 2, of this exclusion L.does not apply to liability for damages because of 'property damage` that the "Insured" vraufd leave in the absence of such requeat, demand, order or Statutory or regulatory requirement, or sine claim or `suit" by or on behalf of a governmental authority to the extent that insurance is afforded for avrh damages by "undertyiN insurance". Provided, however, that the GUV- erage afforded by this poflcy wlp be no broader than (her coverage afforded by such 'underlying Insur- anoa As used in this axdusidn: "Hostile fire" means one whidt beaarrres uncontroflable or breaks out from where it was intended to be. Tollulants" rrtearrs arry solid, liquid, gaseous or thermal irritant or contaminant, including, but not Melted to, smoke, vapor, soot, fumes, adds, alkalis, chemicals and waste material. Waste material includes materials which are intended to be or have been recycled, reoondili4ned or reclaimed. Then endorsement does not change any other provisidn of the policy- T2010liberty Mutual Insurance Company,All rigM6 ras@1Nad. CU 88 41 02 10 Indudas copyrighted rnswol of Insurance3epaces Offlo",Inc.,uvlh As pennlaslon. Page 2 of 2 COMMERCIAL UMBRELLA CU 89 19 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF WATERCRAFT EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA COVERAGE PART Provision 2. of paragraph Q. under Section IV. EXCLUSIONS is replaced by the following: This insurance does not apply to: Q. The following items 1. through 4., except to the extent that such insurance is provided by a policy listed in the Schedule of Underlying Insurance, and for no broader coverage than is provided by such policy: 2. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or en- trustment to others of any watercraft if such watercraft is owned by, or chartered without a crew by or on behalf of, any "Insured". Use includes operation and "loading" or "unloading". This exclusion applies even If the claims against any "Insured" allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by the "Insured". This exclusion does not apply to a watercraft while ashore on premises you own or rent. This endorsement does not change any other provision of the policy. 2012 Liberty Mutual Insurance CU 89 19 01 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 1 COMMERCIAL UMBRELLA, CU 89 21 OT 15 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, AMENDMENT OF AIRCRAFT EXCLUSION Thps endorsement rr*dllles assurance prov+ded under the fallowing_ COMMERCIAL UMBRELLA COVERAGEPART provision 3. of paragraph Q. under SadtOn IV, EXCLUSIONS is repladod by use fOilowing: itt This Insuranr_e does not apply+ to: Q. The fNirnving item 1. through 4,.. except to the extent that such insurance is provided 4 a policy listed in the Schedule Of Undertying Imauranc0, and for no broader coverage than is provided by such policy 3, "Bodily injury" or "prvpertyr damage" arising out of the ownership, molvitenance, use or en- trustment fa Others Of any aircraft, if such adeaaft is owetad or opatafad by Or ranted or Ioanad Io any "Insured'. Use includes opem0on and 'loading` or "unloading". This exclusion applies even if the daims against any "Insured" allege nogligersca nr Oilier wrongdoing in the supervi- sion, hiring, employment, training or monitoring of others by the "Insured", This endorsement does not charsge any other provision of the policy, $ 2015LIb ay Mutual fnsurenc� CU as 21 07 15 Indudascopyrlahted mateflal of lnsuranceSerwcasOftice,Im.,with as permission. Page 1 of 1 COMMERCIAL UMBRELLA CU 89 45 10 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA-RELATED LIABILITY - WITH LIMITED BODILY INJURY EXCEPTION EXCLUSION A. The following exclusion is added to Section IV -EXCLUSIONS: This insurance does not apply to: Any liability, damages, loss, injury, demand, "claim" or "suit" arising out of: 1. Any access to or disclosure of any person's or organization's confidential or personal information, including but not limited to patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or 2. The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data". This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses, fines, penalties (including but not limited to, fees or surcharges from affected financial institutions) or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However, unless Paragraph 1 above applies, this exclusion does not apply to damages because of "bodily injury". Br The following definition is added to Section V -DEFINITIONS: "Electronic data" means information, facts or programs stored as or on, created or used on, Dr transmit- ted to or from computer software, including but not limited to systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. This endorsement does not change any other provisions of the policy. i 2014 Liberty Mutual Insurance. CU 89 45 10 14 Includes copyrighted matenal of Insurance Services Office,Inc.,with its permission. Page 1 of 1