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HomeMy WebLinkAboutCAG2020-004 - Original - Natural Systems Design, Inc. - Rock Creek HCM 5 Construction Support - 01/07/2020 Agreement Routing Form KEN T For Approvals,Signatures and Records Management This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Originator: Nancy for Melissa Dahl Department: Public Works Date Sent. 1/6/20 Date Required. 1/13/20 R > Authorized ❑ Director or Designee Date of 0 N/A Q, to Sign: Council QMayor Approval: Budget W20005 Grant? ❑ Yes No Account Number: Type: N/A Vendor or Name: Natural Systems Design, Inc. Cate 9 v: Contract = Vendor 69570 Sub-Category 0 Number: a Project Rock Creek - HCM 5 1. Name: 0 W. Project C Details: Construction support for the project. c EAgreement 31 116 Basis for all Amount: Selection of a+ Contractor: Q Start Date: Mayor's signature X/7/Z0 Termination Date: 12/31/20 Notice required prior to Yes No Contract Number: disclosure? ❑ ❑ �� (� 2�ZU-UU Dat c ' orne : Comments: E � EIVED c 0 o N ENT -0 DEPT RECEIVED L 3 A _M Date Routed to the Mayor's Office: { N 40 Date Routed to the City Clerk's Office: City of Kent Date Sent to Originator: Offiee ef the Mayor Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373 6 19 KENT WAS Hi IGTOI CONSULTANT SERVICES AGREEMENT between the City of Kent and Natural Systems Design, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Natural Systems Design, Inc. organized under the laws of the State of Washington, located and doing business at 1900 N. Northlake Way, Suite 211, Seattle, WA 98105, Phone: (206) 480-1118, Contact: Julia Jay (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide construction support for the Rock Creek - HCM 3 project. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2020. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Thirty One Thousand, One Hundred Sixteen Dollars ($31,116), for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant's liability accruing from that obligation shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: _ CITY OF KENT: By: By: _Csignature) x (signat7 ure) Print N e: �) I rtr/ ft'k zS�`>F/� Print Name: Dana Ralph Its_ (1)il r 1111144,- Its M r (titre) DATE: L "Z c U DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Julia Jay Timothy J. LaPorte, P.E. Natural Systems Design, Inc. City of Kent 1900 N. Northlake Way, Suite 211 220 Fourth Avenue South Seattle, WA 98105 Kent, WA 98032 (206) 480-1118 (telephone) (253) 856-5500 (telephone) N/A (facsimile) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTE"�T,* Kent City C erk Natural Systems Design-Rock Cmek/Dahl CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing b w, I agree to fulfill the five requirements referenced above. By: For: Title: ur~ Date: ° EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A Natural Systems Design Stream&Riparian , Resource Management SCOPE OF WORK HCM 3 WETLAND IMPROVEMENT AND JUVENILE SALMONID HABITAT ENHANCEMENT ADDITIONAL CONSULTING SERVICES December 5,2019 Prepared by; Natural Systems Design, Inc. Prepared for; Melissa Dahl- Environmental Engineer City of Kent- Environmental Engineering 220 4'h Ave. S. Kent, WA 98032 This document provides the scope of work for additional consulting services for the Rock Creek HCM 3 Wetland Improvement and Salmonid Habitat Enhancement project. Relevant scope, schedule, and budget are contained below. This effort is intended to provide additional services for construction support of HCM 3. NSD will not begin work in a task without written approval from the City. Company: Consultant: City of Kent— Public Works Department Natural Systems Design, Inc. By: Name: _.-..._.�_..-� By: Name: Title: _---- -.._- -- Title: Date: ----- --- Date: TASK 1 - CONSTRUCTION SERVICES NSD will provide staff to inspect construction of the channel alignment, excavation, log installations, plantings, and conformance with the approved design drawings and specifications. Summary of Consultant Sub-tasks: • Attend one pre-bid meeting on site • Attend one pre-construction meeting at City of Kent offices • Prepare up to two pre-bid addendums • Responses for requests for information(RFI) • Review contractor construction plan, including sequencing, access, and TESL. Review and approval of material Submittals and samples. • Provide daily(up to 2 weeks)field-directed construction inspection of channel grading, log installation,and plant layout. Inspection may be non-continuous based on schedule of contractor activities. • Provide periodic inspection of site restoration. • Prepare weekly email summary of construction activity. • Prepare change orders(up to two). • Participate in final inspection and identify punchlist items. • Provide communication.with city staff throughout project via email, telephone, and on site and office meetings when appropriate. • Maintain consistent invoicing and budgetary updates. Deliverables: • Attend one pre-bid meeting on site • Attend one pre-construction meeting at City of Kent offices • Up to two pre-bid addendums • Responses for requests for information(RFI) • Review construction submittals and recommendation of payment supplied to City. • Daily construction inspection of instream construction,grading,and log installations. • Periodic inspection of mobilization,demobilization, and site restoration. • Up to 2 change orders. • Weekly email of construction.summary activity. • Daily construction logs. • Punchlist. • As-built drawings noting changes from design plans. • Email and phone communications. • Invoicing. Assumptions: • City inspector will be responsible for notification or project construction, traffic coordination and access with neighbors affected by project. • NSD staff inspection will focus on construction of in-water and grading activity, with limited inspection of re- vegetation activities,including inspection of plant material and typical plant layout. TESC and permit compliance will be performed on an as-needed basis throughout the duration of the project. • Pre-construction meeting will be approximately 2 hours in duration. • In-stream construction will be no more than 2 weeks in duration,with field-direction of in-stream work requiring up to 8 hrs/day of support. • No off-site material inspection/approval will be:required. • Communications with the city will be primarily by phone and email. Assumptions: • Organize and lead meetings with contractor including pre-bid,pre-construction and final inspection.. Schedule. Task to follow construction schedule, likely June- October. TASK 2 - SUPPLEMENTAL SERVICES Consultant shall provide on call supplemental services as needed and authorized in writing by the City project manager. Summary of Consultant Sub-tasks: • As-needed on-call supplemental services Deliverables: • To be determined on written authorization by City project manager Schedule.At any time between contract start and completion of contract COSTS: The total cost of HCM 3 construction services and supplemental totals $31,116. See Appendix 1: Detailed HCM3 Construction Support Budget for a detailed breakdown of hours worked and staff involved. { O r O N co M M O O M It CO (O r to 1 44 vs M r V1 CO 1A 1 : to N 04 to 11 � Cl) M r o < 0a"a m Q) ) m Ch co C4 N N0 co tD W a f�; 0 10 GS W 0 CII LO O N CD W W � of O N M W O f O t0 N FA tNsr w 'A w to _ m o TT O O O N CO m N � c- c) N N v� F-= Q� (yoddng ulu e N N O N Nl LLJ (1091{yoJy adeospuej I i» 17 allalue co o0 o m E co � o {,�au6lsa adeospuel geIS o 0 0 w .iJ O d euuON aw (UoddnS ulwpy joivaS Ul � a ufv o z Cl) (jaaul6u3 JJeIS) o S at66e coo o o Uco ('aau!6u3 JMS) o o m o o 'a repn N N N r C1'_ ._-...------- _ ------ ZH v (�aaui6u3lediouud t/') a Fi �� r� v rn Y z v E3 m m m� c e� o M z = m �J ELu v ° o t E o c E 0 ire c C; N o N _ ro w O m O c m o t? Q p E s Sn W N ° y t m > 3 'w w p9 °�' m m Z c cn CU N b 7 a7 CA t0 C C �j. C W O N N t!1 tY x 4_ m y .N �7 z V a O o i O d 0- Q m to cn W --__-__ __ _.. _,_. Q •' N a `- N EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDiYYYYi ( 0'Inl/2019 i THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS -PRTIFICATE 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 [INSURED SENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. TANT: If the certificate holder is an ADDITIONAL-INSURED,theGcy(ies)must fiaveAppITIONAI INSURED provisions or be endorsed. OGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on ificate doesnot confer rights to the certificate holder in lieu of such endorsement(s). T NRG Insurance rance (206)363-11104628#15043 r No[xi:• insurance rr insurancecom � 9'INSURER-SjAFFOROtNG COVERAGE NAIC X WA 98124-1628 INSURERA: Ohio Security insurance Company 24082 INSURER B; Ohio Casulaty Insurance Co. 24074� Natural Systems Design.Inc _—�__ INSURER C: CNA 1900 N Northlake Way Ste 211 INSURER D_:INSURER E: Seattle WA 9810.3 - -- -- COVERAGES CERTIFICATE NUMBER: CLI95302900 "rHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREQ NAMED A REVISION N FOR UMBER:PERIOD iNDfCATED, NOTWiTHSTANDINGANY REQUIREMENT,TERM:OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO POLIC CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCEAFFORGEO 8Y 7HE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL HE TERMS,ICH IS EXCLUSIONS AND CONDI7IDN$OF SUCH POLICIES:LIMITS SHOVuN MAY HAVE BEEN REDUCED BY PAID CLAIMS !SR TYPE Of INSURANCE _ IN D tVV rOLICY NUMBER Lt I V X> -- X COMMERCIAL GENERAL LIABILITY _ "" -- MMtOTNYYYY�_ MM+DWYYV _ LIMITSf 2 EACH OCCURRENCE ,000,000 CLAIMS-MADE o OCCUR ...- REMt5ES Faacrutrenco�_._ S 2,000,000 A Y BZS55573742 05/t7/2019 05117/2020 MEDfJ( ' ---parson) _ GEN'L AGGREGATE LIMIT APPLIES PER: PERSONAL d ADY INJURY $ POLICY❑IRI ❑LOC GENERAL AGGREGATE , 4,000,000JECT 07HER. PRODUC rS-COMP1pPAGG S 4,000,000 'AUTOMOBILE LIABILITY Additional Liability s 2,000,000 CCWBINEDSINGLEUMIT—' 3 2,000,000 - ANY AUTC Ea acrirlem OVJIYEC BODILY INJURY(Per person) S A AUTOS ONLY AOTULEO Y BZS55573742 05/17/2019 05/17/2020 BODILY INJURY(Per accident; s HIRED NON.OWNED AUTOS ONLY AUTOSONLY PROPERTY DAMAGE }� UMBRELLA UA6 OCCUR I S B EXCESS LIAR EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE. US055573742 OS/17!2019 05/17!2020 DED XRETENTION s 10,000 AGGREGATE s 2,000,000 —�_ WOtiKERS COMPENSATION—' AND EMPLOYERS'LIABILITY —� PER — ANYPROPRIETQWpARTNERtEXEC YIN STATUTE. UTIVE QFFICERlMEMUER ExCLUDED? NIA BZS55573742 Stop Gap in NN) 05/17/2019 05/17/2020E L EACHACCIDENr s2,000,000 _ It.yas.osecnba ender .....__. DESCRIPTION OF QPERATIONS below E.1..DISEASE-EA EMPI,QvEE $ 2,000.000 E L DISEASE-POLICY UMiT S 2..000,000 ~� C Professional Liability _ EEH591875018 05/17/2019 05/17/2020 Per Claim 53,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (A CORD 101.Additional Remarks Schedule,may he attached If more*Pace is required) Annual Aggregate 53,000,000 City of Kent listed as Additional Insured as respects to work preformed by or on behalf of the insured Coverage is Primary and Non-Contributory Waiver of Subrogation applies CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 22C Fourth Avenue South A UTHORIZEO REPRESENTATIVE -------- Kent WA 98032 ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD I5 ACORD CORPORATION. All rights reserved. Coverage IsProV/dedIn: Policy Number Lil)crty The Ohio Casuait Insirranrze Company USO (20) 55 57 87 42 M lit tl<1I. INSURANCE Commercial Umbrella Policy Declarations Basis: Occurrence (ITEM 1)NAMED INSURED&MAILING ADDRESS AGENT MAILING ADDRESS&PHONE NO. NATURAL SYSTEMS DESIGN INC (206) 363-1110 1900 N Northlake Way Ste 211 NRG INSURANCE Seattle, WA 98103 PO BOX 34628 SEATTLE, WA 98124-1628 Named Insured Is: CORPORATION Named Insured Business is: CONSULTANTS (ITEM 2)POLICY PERIOD From 05/17/2019 TO 05/17/2020 12:01 AM Standard Time at Insured Mailing Location (ITEM 3)PREMIUM CHARGES Explanation of DESCRIPTION Charges P R EMIUM (;unttuca s:iuLlintltt cfla _.._._.., __ _., . _. _ _ _ . __. _._.__._...,_......... _ _ S l ,.010-0.0 C'.crtil'icd ;�cfs._{>i.:1'ctt'ctt'i5t►>_(`crv,ceu};i.._ _._-- S1Il.(1Q_..__ ._ -(I.uc]_uded) Total Advance (,charges $1,010.00 Note: This is not a bill BASIS OF PREMIUM: NON-AUDITABLE( X) AUDITABLE( ) IN THE EVENT OF CANCELLATION BY THE NAMED INSURED, THE COMPANY WILL RECEIVE AND RETAIN NO LESS THAN (0% ) OF THE POLICY PREMIUM AS THE MINIMUM RETAINED PREMIUM PLUS CERTIFIED ACTS OF TERRORISM COVERAGE AND ANY APPLICABLE TAXES AND SURCHARGES. (ITEM 4)LIMITS OF INSURANCE DESCRIPTION LIMIT EACH OCCURRENCE $2,000,000 AGGREGATE (WHERE APPLICABLE) $2,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE $2,000,000 SELF-INSURED RETENTION $10,000 Issue Date 03/25/19 Authorized Representative To report a claim, call your Agent or 1-800-362-0000 DS 70 22 Ol 08 (1�/9f,HA SSS73749 Pni CUr`S2 991; nirYCPPNIn Inlcliocn rnov nnrnl)c oere 41 n[ ca �' Coverage is Provided In. Liberty The Ohio Casualtv Insurance Company Policy Number. P Y U50 {20} 55 5137 42 Mutual, INSURANCE (ITEM 5)SCHEDULE OF UNDERLYING INSURANCE: CARRIER, POLICY NUMBER AND PERIOD TYPE OF COVERAGE LIMITS OF INSURANCE OHIO SECURITY INSURANCE BUSINESSOWNERS $2,000,000 LIABILITY AND COMPANY LIABILITY MEDICAL EXPENSE LIMIT $4,000,000 OTHER THAN PRODUCTS - COMPLETED OPERATIONS AGGREGATE $4,000,000 PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT Includes Non-Owned and/or Hired Auto Liability BZS(20)55573742 05/17/2019 - 05/17/2020 OHIO SECURITY INSURANCE STOP GAP $2,000,000 BODILY INJURY EACH COMPANY LIABILITY ACCIDENT LIMIT $2,000,000 BODILY INJURY BY BZS(20)55573742 DISEASE AGGREGATE 05/17/2019- 05/17/2020 LIMIT $2,000,000 BODILY INJURY BY DISEASE EACH EMPLOYEE LIMIT To report a claim, call your Agent or 1-800-362-0000 DS 70 23 01 08 nrvcnnun We uocn rnov nnrrru 0ACC in nc ad 03/25/2019 NATURAL SYSTEMS DESIGN INC USO (20) 55 57 37 42 From 05/17/2019 To 05/17/2020 1900 N Northlake Way Ste 211 Seattle, WA '98103 (206) 363-1110 NRG INSURANCE PO BOX 34628 SEATTLE, WA 98124-1628 TERRORISM INSURANCE PREMIUM DISCLOSURE AND OPPORTUNITY TO REJECT This notice contains important information about the Terrorism Risk Insurance Act and its effect on your policy. Please read it carefully. THE TERRORISM RISK INSURANCE AGT The Terrorism Risk Insurance Act, including all amendments ("TRIA" or the "Act"), establishes a program to spread the risk of catastrophic losses from certain acts of terrorism between insurers and the federal government. If an individual insurer's losses from certified acts of terrorism exceed a specified deductible amount, the government will reimburse the insurer for a percentage of losses (the "Federal Share") paid in excess of the deductible, but only if aggregate industry losses from such acts exceed the "Program Trig- ger". An insurer that has met its insurer deductible is not liable for any portion of losses in excess of$100 billion per year. Similarly,the federal government is not liable for any losses covered by the Act that exceed this amount. If aggregate insured losses exceed $100 billion, losses up to that amount may be pro-rated, as determined by the Secretary of the Treasury. The Federal Share and Program Trigger by calendar year are: Calendar Year Federal Share Program Trigger 2015 85% $100,000,000 2016 84% $120,000,000 2017 83% $140,000,000 2018 82% $160,000,000 2019 81% $180,000,000 2020 80% $200,000,000 MANDATORY OFFER OF COVERAGE FOR "CERTIFIED ACTS OF TERRORISM" AND DISCLOSURE OF PRE- MIUM TRIA requires insurers to make coverage available for any loss that occurs within the United States (or outside of the U.S. in the case of U.S. missions and certain air carriers and vessels), results from a "certified act of terrorism" AND that is otherwise covered under your policy. A "certified act of terrorism" means: (A]ny act that is certified by the Secretary [of the Treasury], in consultation with the Secretary of Homeland Security, and the Attorney General of the United States. (i) to bean act of terrorism; NP 73 12 01 15 0 2015 Liberty Mutual insurance Page 1 of 2 (ii) to be a violent act or an act that is dangerous to (1) human life; (11) property; or (III) infrastructure; Oil) 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 tQ 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 MU T DO We have included in your policy coverage for losses resulting from "certified acts of terrorism" as defined above, THE PREMIUM CHARGE FOR THIS COVERAGE APPEARS ON THE DECLARATIONS PAGE OF THE POLICY AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOV- ERNMENT UNDER THE ACT. If we are providing you with a quote,the premium charge will also appear on your quote as a separate line item charge. IF YOU CHOOSE TO REJECT THIS COVERAGE, PLEASE CHECK THE BOX BELOW, SIGN THE ACKNOWL- EDGEMENT, AND RETURN THIS FORM TO THE ADDRESS BELOW: Please ensure any rejection is received within j 0_day!r of the eff!�,ctivr,mate of your policy.. Before making a decision to reject terrorism insurance, refer to the Underlying Coverage Requirement located at the end of this Notice. ❑ I hereby reject this offer of coverage, I understand that by rejecting this offer, I will have no coverage for losses arising from a "certified acts of terrorism" and my policy will be endorsed accordingly. Policyholder/Applicant's Signature Print Name Date Signed Named Insured Policy Number NATURAL SYSTEMS DESIGN INC USO (20) 55 57 37 42 Policy Effective/Expiration Date From 05/17/2019 To 05/17/2020 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,0. Box 66400 London, KY 40742-6400 The summary of the Act and the coverage under your policy contained in this notice is necessarily general in nature. Your policy contains specific terms, definitions, exclusions and conditions. In case of any conflict, your policy language will control the resolution of all coverages questions. Please read your policy carefully. If you have any questions regarding this notice, please contact your agent. NP 73 12 01 15 0 2015 Liberty Mutual insurance Page 2 of 2 . rv.1 ut rty �'�iu�uaL Nsv�eeK�r Policyholder Information dmifd Issamd A Ito Ung Address Agent Mailing Address&these Mo. `NA,rL1k tL SYSTtAIS DESIGN ENC t206) 3.63-E 110 19170 N Nnrthlake Way 4�te ?t 1 NRG 1NStJF{AN(F Scuttle. WA cJn[i13 PC) BOX 34,628 #154Jg3 ISFATTIT, WA 98124-16_K I)eUr Ptah't. b alder: We k7►ow yoij work iLird t,) huilti IALS61-0g. WO µcrtk tttiSetly4�r with �+.iUr atent, _NRG INSURANCE (206) 36.3-1110 to Piero prti,tect the t,hiogs ykm sAVe about, TImak. you t'«r selertitzg us. Enclo- .are your in_,n.rance docuir,ents axuisting r Room • C'ommcmial UmbTC113 To lirid your Limits i�f irwivince and po mitim plt,tse rrlrt 14r yc:rtFr C:t.1t�t-titnts (mgC(s). Please rctcr to your policy for spCcitic cnt'craScs. If You havc any qucst]orts or ihangc; t1ml may affect your imuranrc heeds,, pk-asc e;r'Mei yokir rtpni ;it (1061 363,1 I O �Q fy rhJt all information is cortvQt if you hour. A-nv e}tangM plrasc contact your AWN at (206) 363-11 If) f�Qt1i�81 QfS Ie rase of u daim, call your anent or I-8M-36.'14X 10 You Teed To Know CONT1NUFIDi ON NF,XT PAGE TO roP0J`f At tGtirtt„ tAlr YourAgtftt c%e f-&)0-382d00W nS 70 20 01 08 You Need To Know - continued • NOTICE(S) TO POIACYBOLDER(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 protc-ction. 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 munber of policies on one bill with your billing account. Please contact your agent for more information. NP 75 05 05 09 IMPORTANT NOTICE TO POLICYHOLDER RECORDING AND DISTRIBUTION OF MATERIAL OR iNFORMATION IN ViOLATiON OF LAW EXCLUSION This Notica explains changes in year Commercial umbrella or Excess Liability Coverage. It oarrtains a brief summary of significant reVisims and must be reviewed iin co*nct!orl wit your poRdes to rererertre the endorsements described herein. previous and renewal Thy Notice dogs not farm a¢art of your insurance contract, fro coverage is prov►ded by this N(Ace, nor can it tie constrQed to replace any provisions of our aiic y Poky (inclodn!� its endorsArrent$)_ If tfiere ie any conflict �,_ between this Notice 3n� the pctiCy 4inctur*IN Its encl)r"nWts), the provisions of the policy (inclu�ng its endorsements) shall pr�vaif. Carefulry road your policy, including the enderssmanis attached to yot,r policy_ Your policy is b*ing WLn%Web with one of the following, e The Exciusion - Recording And Distribution Of MateNa► Or Information in Violation Of Law endow, tnent CU 64 79 05 09 which modifies the Commercial Umbrella Crnrerage �arrrt; or The semeAlaska Exclusion - Recording And Distributton Of Male4jal Of lnfocrnatbn in Violation Cif Law endorsement CU 88 08 05 09 which modifies the Commercial Umbrella Coverage Form. or The Exclusion - Rocording And Distribution Of Malarial Or information In Violation Of Law endorse- ►rigrtE GE 86 34 U5 09 which modifies thie Excess Liability Coverage Rxm: or tw Alaska Exclusion - Recording And Distrbution Of Material Or information In Viola San t�f Law er+dor�e- "Mnt GE 88 09 05 09 which modifies the Excess Liability Coverage E'c rm_ the et)dorsefftnt replaces the current "Excuw n - Electronic DlstritjuUon Of Urtw cited Material' endorse- snt with a revised exclusion, nevAy titled "Exclusion - Re4Aw4ing And Distribution tDf Material Ck Wformatloc In Violation Of Law" endorsement, The revised exclusion contains language that elaborates on the inlent of the aietrtation Of Material In Vtgtation CX $tatutea5 Exclusion to reflect that, in addition tp the TCPA and CAN-SPAM Act of 2003, the exclusion will more explicilly exclude ifablllty cot+�srage for badity injury, property damage cx personai and ado rtisirxg injury arising out of any action or orr>i!5sion that vlcttates, Is alleged to ,rlolate. the Fair Creclit Repotting Act (FCRA), and any amendment of or additloo to Such low, including the Fair and Accurate Credit Tr8nea0on% Act t FA4rTA) and any other gimilar federal, state or local statute, ordinance or regulation aoncerning disposal and dissemination of personal inforrr%a- taasr_ b t NP 75 65 95 09 Indude eopryrightedmatertalof Insurance Serneas 6MO-0,, s lnc.,with As p rmisalon. f'agg 1 of 1 N P 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 ' you have any questions. Premium Notice: We will mail you a policy Premium Notice separately. The Premium Notice will provide you with specifics regarding your agent, the account and policy billed, the billing company, payment plan, policy number, transaction dates, description of transactions, charges/credits, policy amount balance, mini- mum amount, and payment due date. This insert explains fees that may apply to and be shown on your Premium Notice. Available Premium Payment Plans: * Annual Payment Plan: When this plan applies, you have elected to pay the entire premium amount balance shown on your Premium Notice in full. No installment billing fee applies when the Annual Payment Plan applies. e Installment Payment Plan: When this plan applies, you have elected to pay your policy premium in installments (e.g.: quarterty or monthly installments - Installment Payment Plans vary by state). As noted below, an installment fee may apply when the Installment Payment Plan applies. The Premium Payment Plan that applies to your policy is shown on the top of your Premium Notice. Please contact your agent if you want to change your Payment Plan election. Installment Payment Plan Fee: If you elected to pay your premiums in installments using the Installment Premium Payment Plan, an installment billing fee applies to each installment bill. The Installment billing charge will not apply, however, if you pay the entire balance due when you receive the bill for the first installment. Because the amount of the installment charge varies from state to state, please consult your Premium Notice for the actual fee that applies. Dishonored Payment Fee: Your financial institution may refuse to honor the premium payment withdrawal request you submit to us due to insufficient funds in your account or for some other reason. If that is the case, and your premium payment withdrawal request is returned to us dishonored, a payment return fee will apply. Because the amount of the return fee varies from state to state, please consult your Premium Notice for the actual fee that applies. Late Payment Fee: If we do not receive the minimum amount due on or before the date or time the payment is due, as indicated on your Premium Notice, you will receive a policy cancellation notice effective at a future date that will also reflect a late payment fee charge. Issuance of the cancellation notice due to non-payment of a scheduled installment(s) may result in the billing and collection of all or part of any outstanding premiums due for the policy period. Late Payment Fees vary from state to state and are not applicable in some states. Special Note: Please note that some states do not permit the charging of certain fees. Therefore, if your state does not allow the charging of an Installment Payment Plan, Dishonored Payment or Late Payment Fee,the disallowed fee will not be charged and will not be included on your Premium Notice. EFT-Automatic Withdrawals Payment Option: When you select this option, you will not be sent Premium Notices and, in most cases, will not be charged installment fees. For more information on our EFT-Auto- matic Withdrawals payment option, refer to the attached policyholder plan notice and enrollment sheet. Once again, please contact your agent if you have any questions about the above billing practice informa- tion. Thank you for selecting us to service your insurance needs. NP 89 71 09 10 ® 2010 Liberty Mutual Insurance Company.All rights reserved. Page 1 of 1 NP93580714 IMPORTANT NOTICE TO POLICYHOLDERS COMMERCIAL UMBRELLA MULTiSTATE FORMS REVISION$ bear Valued Paiicyhoirler, Thank you fQr selecting us as your carrier for your commercial umbrella n"rarx:,e. Tfiis notice ixotains a brief summary of ttte coverage changes rmadn to your policy. these changes orirnarily result from revisions in underlying policy forms. Now The change, outlined tlpw are cganized into three general categcarie$ l'rafeaaigna( Serriceg FxCiuSiQna; iiiiiw Auto, Meraft and Walarcraft Exciusior►s; and Oiher Charges. Please note; that not aH of the endorsements noted May apply to your specific policy. In addition, this mice does npt reverence every editorial change _.� made to the ecdorswrywnt or coverage ifxm, arty material (or signiricant) eaysragiF. changes, Pieasa rear( your policy ano revirnv your Deciaravoas page; for complete covera� Inrcrmatirxi. No coverage is prrayided gay this notf<R, nor Gan it be cQnstrued to repisoe any prWisions of your policy. If there are discrepancies between your policy and this notice, the provisions of the policy shall prevail, Should you viave qugstiws artier revj&nlng the changes outlined below, piaase crx7tarct your independent now agent. Thank you far your 1>usine$3, SUMMARY OF POLICY CHANGES PROFESSIONAL SERVICE'S (EXCLUSIONS The "IowiN sndorssments at-6 revised trr expressly address, in part, daims alleging nagligance or other wrongdoing in the hiring, employment, training, supervision or rrvniloring of others by any insurer(: • CU 60 20 07 14 Professional Liability -Following Form • CU 60 60 07 14 Telecommunication Equipment Of Service Providery Err4r9 And Omissions f- Sion • CCU 60 66 07 14 Medical Professional Serviocs Exclusion • CU 60 64 07 14 Medical Professional Services -Following Form • CU 60 77 07 14 Texas -insurance Company As Nerr►ed insured CU 60 81 07 14 Specified Profassional LiaNlity Exclusion • CU 60 83 07 14 Louisiana -Schools Or Colleges Limitation • CU 61 15 07 14 Engirreert, Architects Of Surveyors Prafstsl&ial Liability Exclusion • CU 61 16 0714 Exclusion Of Insurance Agents' Arid Brokers' Errors find orn s"Jvng * CU 61 10 07 14 Insurance Company As Named Insured Limitation • CU 6t 35 0714 Prufeyslwial Liability Exclusion 6 CU 111 31 01 14 Regal Estate Agsrnts And Brokers Errors And Omissions Exclusion And Limitatlon • CU 61 39 0714 Schools Or Col►eg" Urnitation (Athlelica Exciusion) * CU 63 15 07 14 Professional Liability -Law Enforcement Exclusion • CU 63 16 07 14 Professional I.Jabiffty - Emergency Medical Technlcians, Ambulance (;hirers And Attendants Exclusion • CU 6315 07 14 Schoalx Or Colleges LimItatlon (Athieilcg -Follow Form) • CU 63 9101114 Illinois -insurance Company As Named insured • CU 64 67 07 14 Exclusion - Internet Servlce Providers Arid intemet Aocess Providers Errors And Oimil"ioms • CU 64 70 07 14 Professional Liability Exclusion - Electronic [data Procemsing Services Md Com- Putsr COnsuWng Of Programming Services CU 64 71 0714 Prvte3slocal Liability Exclusion -Web-Site D vOgnero Q 2014 Liberty Mutual Ins+uranoe.At rights reserved. NP 93 M 07 14 include$cMWighbW mAr i of lnsuranm servrtes once,Inc_with as permission, rage 1 of 11 s CU 88 04 07 14 Professional Services Exclusion e CU 88 05 07 14 Professional Services -Following Form e CU 89 13 07 14 Speclfted Heatth Or Cosmetic Services -Following Form e CU 89 17 07 14 Exclusion Diagnostic Testing Laboratories e 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: s CU 60 45 01 13 Watercraft Liability -Following Form s CU 6101 01 13 Aircraft Liability Exclusion a CU 61 05 07 14 Auto Dealers And Auto Services Limitation e CU 61 06 01 13 Auto Liability -Following Form e CU 61 07 01 13 Automobile Liability Exclusion s CU 6147 01 13 Watercraft Llabllity txclus+on CU 63 91 01 13 Aircraft Liability -Following Form it 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 e If your renewal policy contains one of the following endorsements: e 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. s 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 Specifled Locations then the following changes apply to your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The endorsement is: e Newly titled, "Exclusion -All Hazards In Connection With Designated Premises"; and e Revised to reinforce that the exclusion applies to any liability arising out of: e 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 Q 2014 Liberty Mutual Insurance.All rights reserved. NP 93 58 07 14 Includes copyrighted material of Insurance Services Office,Inc.,wtth Its permission. Page 2 of 11 Goods X products manufactured at or distributed fmm these proarmses. Editorial enanges are also made throughout to improve readability artd achieve cwsistency among farms_ * It your renewal policy c+YN,ains enohrWment CU 60 64 07 14 Contrgmm Limltetlef► Endorsement - lhrt3P-Ups arrd yow prior PONcY Contained CU 60 84 06 97 Contractors UMIta1ion Endomarnarrt wrop-Ups tlwn Ohe folrvwrog changes ewy tc your paGcy- CLARIFYING, EDITORiAL AND PROCEDURAL CHANGES The endorsement is revlsed as roltows: MMW Ne.x defined leans, `ex � pt icxt hazard "collapse hazard'; and 'underground prop- artY dtacnage Lazard-, arc added to ad'riav+3 consistency with uridertying axclusidnary tt� lafiguage. • The prqies,sia.nal Wrvi4e5 exotu5iprr is revised lo: '�= * Exclude li�abllity ariSIN Out of the rendering of professional services with respeKVt tQ providing engirdring, arQ111ifeCWral or wrveying $erAQe5 tU others kn your capacity as an engineer, a(ch"Cl Or surreyor; ar providing engineer- Wig, arxhilectural or surveying service$ in connWian With c9ns4rucliari vrprlc you perform, • Expressly arldrew daims alleging neghgence or 4th+er wrongdoing in 1hp, hir- VW7W irtg, errypiayment, braining, supar,risiurt Or rricnitwing Of Others by any in- cured, • Acid an exceplion for Gon5tR Ctivn means, methods, techniques, sequences and Auras employed by the named Insured In aonnectlon with your operatiQns% "a constrUction contractor, £ttitariai Changes arc also ,Hach throughout to Qmprove readability and achWva consisiancy among forms. �► if Yarn' renawsr policy 40ntaing OndQrsemaylt CU 60 77 07 14 Texas . in.$Urence Company AV Named inauracl and ynvjr arrcr ptr kY "Olai%d CU 6Q 17 06 97 Texas - Insurance Company As Named Insured then Me fV4rowrng c Mrs es apply to Kvr poabcy-, CLARIFYiNG, EDITORIAiw AND PROCEIDURAl,CHANGES In additive to the charnge dg6cribe-d in the Professional Sarvioes Exclusion tAcfon of this notice, the endorsement Is revised as follows; • The daims handfirig t:xdusion is ameruied to spmifically reference treaties of nnaur- anea and s,slf-insurance. It 19 also re4!$ed to a cpressty apply to the investigaGaty of any claims. The professional servlces WILISlon is raylsed to expressly addaxes: • Irtspectlon or ►raking recommeridat4ws as an insurance or reinsurance aom• pang, CWsultarlt„ agent, Mlah oediary ne drhokor_ Winlaining accounts Or records of others, * Conductirt9 estment, ban, ur real estate departments or uRerations_ * ActiN in any capardty as a frdtociary or ttustno For annuib", andowmAnts or employee benefits plans. • Performing any claim, inveMiga#ive, adjustment, engineering, ini$Ncticn, fee.fee• uf1itl�j, tufyey, audit, appraisal, actuarlal or data proCgsgltV sere" fox a NP 93 58 07 14 rr� 201�4 Liberty hfattuat insuranae.Al rights reserood, r�uda$co r, hled materrat Of insurance Sarvic-0-'s Orrice,inc„lvirh As permi$aion. Purge 3 of 11 e If your renewal policy contains endorsement CU 61 05 07 14 Auto Dealers And Auto Services Llmlta- bon 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, __ :r,_—_-_a ,,,.a �„ ����„ cfa+o +ha+ thn oxrf scion annliPs to anv liability arisina 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. a If your renewal policy contains endorsement CU 61 19 07 14 Insurance Company As Named Insured Limitation and your prior policy contained CU 61 19 06 97 Insurance Company As Named insured then the following changes apply to your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES In addition to the change described in the Professional Services Exclusion section of this notice, the endorsement is revised as follows: • The claims handling exclusion is amended to specifically reference treaties of insur- ance and self- insurance. It is also revised to expressly apply to the investigation of any claims. • The professional services exclusion is revised to expressly address: • Inspection or making recommendations as an insurance or reinsurance com- pany, consultant, agent, intermediary or broker. • Maintaining accounts or records of others. • Conducting investment, loan, or real estate departments or operations. • Acting in any capacity as a fiduciary or trustee for annuities, endowments or employee benefits plans. • Performing any claim, investigative, adjustment, engineering, inspection, consulting, survey, audit, appraisal, actuarial or data processing service for a fee. e 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. 0 2014 Liberty Mutual Insurance.All rights reserved. NP 93 58 07 14 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 11 CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The endorsement rs revised 1.0 reinforce tfiat the exclusion applies eMen if elms against an insured allege negligence or other wrongdoing in the supervision, hiring, employment, training ar rWnilarinrg of others, or providing or failing to provide transportation with respect to any person that many be under the irrfluenue of akaathui. if your renewal pa4cyf cor,(alns endorsement CU 61 26 07 14 Ucloor Liability - Fotkrwing Form and),Wr Agbr PO'cY c0rrfamed CU all 26 tiff 97 Liquor 11.14bitity - Following Farm tmvrt Ifrs toffmv rtg charv4s SppJy 10}QuF pQdlcy: CLARIFYING, MTORIAL AND PROCEDURAL CHANGES �t The €ndorurment is revised to reinforce that the exclusion applies swan if clad" against an irSureO allege negfigerrce or other wran!Ooing in the wiPervision, hirin g, employment, training Of MWI(oring of others, or providing or failing to prowld6 transportation with respect to any person that may be under the influence of akx*oi. E�riai c ha.ngeg are also matte through'" to improve readability pod achieve consistency among forms_ if your renewat p icy Cr>nta1,ns enafarseMeM CU 61 46 07 14 Failure To Supply Exclushon qW y0or p,for pvlrey ucMarried CU I31 48 4$ 97 Failure To Sttppty E �'x:�IrCyf, xclusion Ittgrt tfta fi5�t)'an*V char�yes apply to your E BROAKNI" OF COVERAOC- An exception is added to the exciusiOn for failure to supply that renits from the sudden and aCtid8ntal Injuryto tartgible property owned or used by any insured to procure, produce, process or lrans,mit the gas, oil, water, e►ectrfvi y, steam or bicAsef, but vnty to the extent there Is scheduled underlying Insurance for such Wurq to supply and for no broader cov.Amge, than is provided by that policy, CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The endorsement is revised to expressly state that the exclusion also applles to the failure of any ensured to adegpately supply bipfuei_ Editvriai changes are rnade thrvulgltout to improve readability and achieve vonvia.tency among forms_ • I#your reftwatPly confafns endorsement CU,61 56 07 14 Gordractors Limitation Endorsement ao7.d your per pi)cy cogtained CU 61 50 11 06 Contractors Limitation Endorsement lhen fha rolrowing charnpes apply!o Your PGJcy; CLARIFYING, FpITORIAL AND PROCEDt1RA.L.CHANGES The endorsement j-5 revised as folkw+rg: • New defmod terms, 'exptosjon hazard':, "collapse hazara': and 'underground prop- erty damage hazard", are added to achieve cansis(epcy with underlying excivsionary language, e The wrap-up exclusion is revised Co: Specil5waly reference QW901ij�@tai$ insurance Rrogrmims; aftd r Retnfbrce that the exdusion applies whether or not the consolidated (Vaap- Up) insurance prg4ram pr'QVddes KieFltf0al Coverage, has adequate 6mils or remains in effect. NP 93 $13 07 14 In � 2014Litrerty hfuluat Insuranoe.Aft ri9ht�res+erwrrd. dunes ra t 5 hted mAteriat of Insurance Services CZtfi;7o.Inc„y4h aS permission, Page 5 of 11 • The professional services exclusion is revised to: • Exclude liability arising out of the rendering of professional services with respect to providing engineoring, architectural or surveying services to others in your capacity as an engineer, architect or surveyor, or providing engineer- ing, architectural or surveying services in connection with construction work you perform. • Expressly address claims alleging negligence or other wrongdoing in the hir- Ing, employment, training, supervision or monitoring of others by any in- sured. • Add an exception for construction means, methods, techniques, sequences and procedures employed by the named insured in connection with your operations as a construction contractor. Editorial changes are also made throughout to Improve readability and achieve consistency among forms. • If your renewal policy contains endorsement CU 61 55 07 14 Municipalities Limitation Endorsement and your prior policy contained CU 61 55 04 99 Municipalities Endorsement or CU 6149 12 99 Virginia Municipalities Limitation Endorsement then the following changes apply to your policy: BROADENING OF COVERAGE An exception is added to the exclusion for failure to supply that results from the sudden and accidental injury to tangible property owned or used by any insured to procure, produce, process or transmit the gas, ail, water, electricity, steam or biofuel, but only to the extent there is scheduled underlying insurance for such failure to supply and for no broader coverage than is provided by that policy. CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The endorsement is revised as follows: • The professional services exclusion is revised to expressly address claims alleging negligence or other wrongdoing in the hiring, employment, training, supervision or monitoring of others by any insured. • The failure to supply exclusion is revised to expressly state that the exclusion also applies to the failure of any insured to adequately supply biofuel. • New defined terms, "explosion hazard":, "collapse hazard": and "underground prop- erty damage hazard are added to achieve consistency with underlying exclusionary language. The endorsement is re-titled to read: "Municipalities Limitation Endorsement". Editorial changes are also made throughout to improve readability and achieve consistency among forms. 0 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 includes copyrighted material of Insurance,Sere Qlqa,Inc.,with its permission. Page 6 of 11 • The professional seru-i%Ces exclusion is revised to expressly address: + Inspection or matvng re-commendations as an Insurarncs or reinsurance com- pany, wc.5uRant, agent, intermediary Or broker, Maintaining acr UMS or records of others_ ♦ Conducting investment, ban, or real estate departments or operations, • ActiN in arry capacity as a fiduciary or trustee for annuities, en4cmments or employes bensfts plans. • Performing any claim, inv+ea0gati+re, adjustment, engineering, inspection, consulung, surrey, audit, appraisal, actuarial or data processing servece fry a - ,- fee. a !f KVf renewaf p06CY c0n(005 eno'Qrsemen( CU 64 tit 07 14 Amendment - Electronic Data and ycwr M& PWCy conWned CU 64 82 11 04 Arnendrneot -Electronic Data thsrr the fokbwtng chgfig,rs apply to ywr pqk),: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES An eiedronic data exclusion Is added to further reinforce that =;erarge is not intended for lass of eiedronic data, An excxeptipxr to this exclusion is incfuded for danw!3es, because of bodily Injury, but only to the extent that lnsurance Is Novided for such damages by scheduled underlying insurances arxt for no broader ccveroge fha r i9 provided by arsch pvliW Edttoriat changes are also made throughvut iv h,ipTvve readability and achieve consistency among forms: • ff yrur renewal Wiry ccxrrsrr,s efrdwwrwna CU 64 92 41 13 Mobile Equipment -Fotiowintg Form and y-OJJr prior pW;cy C0rh irred CU 64 g2 01 07 Mobile Equl.prnont - Following Form ricer) tho (o1d0wfVr g chartge8 apply 14 your poi cy- CLARiFYiNG, EDITORIAL AND PROCEDURAL CHANGES In adcfition to the change desrrityed in the Auto, Aircraft and WatarcraR sacbon of this notice, the endorsement is reyised to; FxpFeasty stag that the exclusign apptfea to any liability adri-ing out of the entru5tmeni to lathers of any mobile equipment, • Amend the defini$on of WWe equiprWnt to mean mobile equipment as it defined in the underlyinq insurance_ * !f your(ormw•al policy contains sndors r71 CU U 23 07 14 Amendment Of Liquor Liability Excluson - Uceptian For Scheduled Premises Or Activftfet; and your prior ,pvffcy corrfained G1J R 23 OS Qg Amendment Of Uquar Liability Exclusion tier? the fo.lii0 vrng changes apply to your pWicy. COVERAGE.REDUCT10N The endorsement is revised to indicate that the liquor liability exclusion will apply it a named insured permits .arry ;person to bring any alcoholic baYerawges on the named insurm's premises, Obc consumption on the named insured's premises. However, an exceptir)n to the exclusion is Mded with respect to allowing a person to Wrlg alcaholie beverages on the premises de- scribed in the Schedule of the endorsement, for consumption on the premises, but only to the extent (hare is: scbeduled underlying iniurant* for Such liatility and for r�o broader coverage than is provided by that policy. CLARIFYING, MTORiAL AND PROCEDURAL CHANGES The endcrsemerrt is rwised IQ reinforce that the exclusion applie9 even if clairns against an lnstsred allege negtigenoe or other wrongdoing in the s,upervision, hiring, ernpioymenl_ training Or rrxxnitouing of Offers, or providing or failing to provide Irartsp0ativn with respect iv any per-%w that may be under the Influence of alcohol_ 6 2Q14 Liberty f�tutuat Insuranoe,M rix}hts reserYed. NP g3 Se 07 14 ImCNOss CopyMghttd moWot or Insurances S4NiM ErR4G,rnC„with 71x permiSSion, Papa 7 at 11 The endorsement is also re-titled to read "Amendment Of Liquor Liability Exclusion -Exception For Scheduled Premises Or Activities e If your renewal policy contains endorsement CU 88 24 07 14 Amendment Of Liquor Llabllity 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 'f 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 rf 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. e If your renewal policy contains endorsement CU 88 30 07 14 General Amendatory Endorsement and vour onor oolicv 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: e 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". e 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: A Expressly state that coverage provided to the additional insured applies only to the extent permissible by law. s 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. e 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 SeMc as Office,Inc.,with its permission. Page 8 of 111 ThQ pref�ssional Services exciusjor is revised to expressly address: inspection or making recommendations as an insurance or reinsura4c ctrm- peny, 00insultaut, agent, interrr►ecliary or broker, • Maintaining accounts of records of others_ e Conducting iryestrnen;, ban, or real estate departments or operations. r Acting in any capacity as a fidLeciary or trustee for annuities, endcftvments or employee benefits plans. a Performing any claim., i ve$ff9atK*, adjustment, engineering, inspection, COMUhrng, surrey, audit, appraisal, wtuarfal or data processing service fo, a y4Ur renewal PQ#,cY conrains enolorsement CU 64 82 07 14 Armndrnent - Electronic Data anti your �I pv or p(WcY cmfa&nOd CU " S2 11 04 Amendmsrrt -Electronic Data ttty9rt the folow,4V changes apply to via y1p;1r t afty; CLAWFYING, MTORIAL AND PROCEDURAL CHANGES " An electronic data excli-slon Is added to further reinforce that co4ar s is not intended for loss Of eiectvr►ic data, An exceptkxi to ihis exclusion is inclvdivd for darnages because of bvclify Injury, but only act the extent that Insurance Is provided for such damages by scheduled underlying insuranoe and for no broader coverpga tt,a:n is provided by such policy jj Eclitorial changes are also made throughout IQ improve readataility ar►d achieve Consistency among forms. 0 tf your.rwwie"I,policy cpn,tHfn3 endwserrterrt CU 64 92 01 13 M010fe Equipment - Following Form anci YOOr prior pulley eOnta/ned CU " 42 01 07 Mobil* Equipment - Following Farm then thi? folbwr»g changes gpply to your ppticy: CLARIFYING, EEXTORIAL AND PROCEDURAL CHANGES In addition try tyre change descAbod in tha Auto, Aircraft and 1NatorcraR section of this notice., the endo(semert is revised to: F xessty state that the exclusion applies to arry liability arising 00 of the entrustment to Oingfs of arry mobile equipment. + Amend the definition of mobile equipment to mean mobile equipment as 4 defined in the underlying insuranCa- �► !f ycwr f6rvwafP06CY contarns 9rPd=9mQr?t CV U 23 0r 14 Amendnwrit Of Liquor!.lability Exclusion - Exceprllilon For Scheduled Pmmisas Or Activities and your prior ,paIlcy ccwtarned CU " 23 05 99 Amanflment Of Liquor Liability Exclusion than the Wvwr`V clrarngps ap*to your pN;Cy' COVERAGE REDUCTION The endo(sement is revised to indicate that the Oquor liability exclusion of apphy if a named insured per"ts ally person to bring any alcoholic beVOragas on the named instbred's praf igas, far consumplion on the named irtsured's premises. Hoan'ever, an exception to the exclusion is add0d with respect to allowing a person to bring alcoholic bevsrages on the premises de- scribed in the Schedule of the endom(nent, for coinsumption on the premises, but only (o the extent nacre is scheduled underlying insurawe The such 6abigty and for no broader covtirage that is provided by that po4cy. CLARIFYING, F,.DITORtAL AND PROCEDURAL CI- NGES The endorsement is revised to reinforce that the exclusiQn applies everl if maims against an Insured allege negligence or other wrongdoing in the supervision, hiring, emplo anon! training Or mwilorirrg of others~, ar providing or failing to prrride IrarkspQrtatjQn with respeo io any person that may be undef the Influence of alcohol. 10 2014 Liberty Mutual iniiwanae,AA rights rawyed. NI' 93 5e 07 14 includes ccpyrighre< ma*f*of insurance$ervk�-:s OKOe,rrrc,,vAh fs pbrmiSSiOn, Page 7 of 11 The endorsement is also re-titled to read "Amendment Of Liquor liability Exclusion -Excepdor, For Scheduled Premises Or Activities". r 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 - Foilowing 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. e 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 vniir nnlirv- 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: e 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. e 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. e 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. TJ 2014 Liberty Mutual Insurance.All rights reserved. NP 93 58 07 14 Includes copyrighted material of Insurance Services Office,inc.,wtth its permission. Page 8 of 11 ! ff ya— ranewat pahay contains ender-,ierrrerrt CU 82 11 01 13 Produr-WCompteted Uperatiats Hazard Redollned and your prior pottcy did nor cc�r"in a simQr er�dorsem�nt then tfre rcMawfrrg change bp�t�s to your Policy' BROAOENWG OF COVERAGE The products-oamplet•d opwations hazard Is amended to include bodily Injurer and property damage if the bodily injury or property damage ocwr9 after you have relingvished possess of those products, to the extent that this amndad definition applies In a policy listed in the Schedule of Underlying trmurance, ! If 4Our M-116"pa6Gy cOntarns endorsement CU 59 12 01 13 Maxic,an Auto Coverage EX Clusion and your prior pealky did not cordraiR a sfr W&r exousfQrt then the WQw1rtg sh&rg6 apPA+_s to Your PO4cy; COVERAGE REDUCTION An exclusion is added to ?`Uu;r po$iC}t for any liability arising out of the ownership, maintenance, operations, use, loading or unloading of any auto In Mexico. • If your renewal policy ountains endorsement CU 8913 07 14 SpecKled Health Or Cosmetic Servic4s - Fol;owing Form grid your pxr o pnticy, did nczt contain a sarr War exch�r'on th8n the foJlu»vng change appkes to'Your PCNcy. COVERAGE REDUCTION OWN j Art exclusion is added to yvur policy fur- the rendering of any service, treatment, advice or Instruction for the purpose of appearance or skin enhancement, hair rew"I or reptac8ment or personal grooming or therapy except to the extent that insurance is pn�rrided by a policy lis#ed In the S&Odule of Undleriying Insuranra, +► If yowr renewal policy contains errdwserrrerrt CU 419 15 06 12 Amendmem of Canceliallvn Provisions - 5cheduled Person or OrBanlzwfian and your prior pofrcy did riot contain a similar etidorsernerid then Noe i wowwfny changes apiary to ycwx poficy; BROADERWO OF COVERAGE This Cancellation Conditions are arn"ed to provide prior written no .e of cancellation to persons or organizations that are shown In the Sc h&dule of tare endorsement for reasons other than nonpapnaent of premium, Our o*ation to sertid notice terminates at the earlier of the current policy period or when the named insured no longer has a legal ar contractual obligation (0 such perm or organization to maintain insurarwe cgvmrage under a policy 4Vhich requires that such person or organization be nolltled In the event of carxx9laucin. • If Your renewal poly cont467s erxycarsen-e00I CU 69 17 0714 Exduslon Diagnostic Ttsting Laboratories e4d yrcwr prior PoWdy did not contain a s#wr a,r dxc u.Cn then the fQftkuing ettang&3 gflJ�Y to your policy- COVERAGE REDUCTION An a-xdusion is added to your pcficy for bodily Injury, property damage, personal Injury, ad- vertising injury, or pemnal and advertisirog injury arising out of, • Medical br diagnostic tasting, ta&niquas or procedural used for the: 0 D"cdon, diagnosis or treatment of any slckness. disease, condition or injury; or • Evaluation of a patient's response io treatment +err medication; or • 1'M reporting of or raliancg upon the results of such rtlodicai or diagnostic N t;ng, tbcft- niiques or procedures as described above, 2014 Liberty Mutual Inswanoe.All rights reserved, NI' 93 58 07 14 Includes copyrighted mateft of Insuran0o Serves otfoe.Inc,,vAh 0 pefmi$$ion, Page 9 of 11 ♦ if your renewal policy contains endorsement CU 89 18 07 14 Exclusion - Testing Or Consulting Errom 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, EDffOR1AL AND PROCEDURAL CHANGES In addition to the change described in the Professional Services Exclusion section of this notice, the endorsement is re-Med to read 'Exclusion - Testing Or Consulting Errors And Omissions'. a If your renewal policy contains endorsement CU 89 18 07 14 Exclusion - Testing Or Consulting Errors And Omissions and your prior policy did not contain a similar endorsement then to following changes apply to your policy: COVERAGE REDUCTION An exclusion is added to your policy for bodily injury, property damage, personal injury, ad- vertising injury, or personal and advertising injury arising out of. ♦ An error, omission, defect or deficiency in any test performed or an evaluation, con- sultation or advice given, by or on behalf of any insured. e The reporting of or reliance upon any such test, evaluation, consultation, or advice; or • An error, omission, defect, or deficiency in experimental data or the insured's inter- pretation of that data. a If your renewal policy contains endorsement CU 89 19 01 13 Amendment of Watercraft Exclusion and your prior policy did not contain a similar exclusion then the following changes apply to your policy. CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The watercraft exclusion in your Commercial Umbrella Coverage Form is revised to expressly state that it applies: * Even 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. e if your renewal policy contains endorsement CU 89 20 05 09 Waiver Of Transfer Of Rights Of Recovery Against Others To Us - Designated Person or Organization and your prior policy did not contain a similar exclusion then the following changes apply to your policy. BROADENING OF COVERAGE The Transfer Of Rights Of Recovery Against Others To Us condition in your Commercial Um- brella Coverage Form is revised so that we waive any right of recovery we may have against the entity shown in the Schedule of the endorsement because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products-completed operations hazard. e 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: e Even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by any insured. • To bodily injury or property damage arising out of the entrustment to others of any aircraft if such aircraft is owned by, or hired without pilot or crew by or on behalf of, any insured. S 2014 Liberty Mutual Insurance.AiI rights reserved. NP 93 58 07 14 Includes copyrighted material of Insurance Services OfMce,Inc.,with Its permission. Page 10 of 111 • tf}roar rrar w-W C04cy Wr4avts erridr e,7xer 1 CU 89 22 01 13 ExctuMon - Designated Products aril your PnC)�r PQ6--Y d10 r�Qr QQrrfain a srrr7ifar excill4f0ft therr fhe fcXQ► W change oppt--s t4a your Policy: COVERAGE REDUCTION An tixelusion is added to your poficy precluding Cbvarage for badity injury or property darnage included in the products- completed operations hazard and arising out of any of your products srtrawn in the Schedule of the ertdorsomanL • if ycwr renew&t paGcy eanta►nS srtdam*nvr?t CU 88 23 41 13 Exclusion -Oestgnat•d W OM and ycwr pr;rir PCOCYO+d not CQn rr a girrrideF ex04WPn then th6 bg()t ng charges apply to yvNir pq&,-.y COVERAGE REDUCTION An ftdijSiCin is added to your polity that precfudes cavetaga for bodily injury Or arfy damage Included in the products-completed operations hazard ar►d arising out of your work shown in the schedule of the andamement. + tf ybu'rrenewal pol+cy CoMar'S er Od eSa MOI CU 69 24 07 14 Ganaral Amgndatary Endorsonwnt (Trade Dress UmltMllon) and p+PVr Pf;iuF pgfiey =clamed CU RQ 24 01 13 Amendatory Endorsement (Tr0a Grass umttatlort) 06A trio 10#0*011g changas apply to your poticy., CLAPJFYING, EDITORIAL AMC? PROCEDURAL CHANGES ,OWN For consistency 'with the definition of personal and advertising injury, the personal .nnd ad- 1 vortising injury exolusions that apply to: a� s Material publl&bed with i nowlsdge of falsity; and s Material p4+t,►ti5l`W ! prigr to the policy periQd arg raMisad t0 reference "in any moniner`, with 1`650ecl to Oral Of written publication. rho endcwsernent is re-t;111ed to read "Generaf Amendatory Endorsement {Trade New Llmita- tion)'. 2014 Liberty Mutual Insurance.Alf Nhiis reserved. NP 93 58 07 14 InOudes ccprrighltd lr),Aerfai of ins„rarice�;eevices grrce,inc, wph as pefrt1i4$ipr1, Page 11 at 11 Coverage Is Provided/a. policy Number; 1,tl�e�'ty The Ohio Casuals Insurance Company USQ (20) 55 57 37 42 Mtrttla... .................. INSURANCE POLICY FORMS AND ENDORSEMENTS This section lists all the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE CU 60 02 06 97 Commercial Umbrella Coverage Form CU 60 30 06 97 Care, Custody or Control Exclusion - Real or Personal Property CU 60 39 01 15 Cap On Losses From Certified Acts Of Terrorism CU 60 40 01 15 Underlying Coverage Requirement For Certified Acts Of Terrorism CU 61 06 01 13 Auto Liability- Following Form CU 61 15 07 14 Engineers, Architects or Surveyors Professional Liability Exclusion CU 61 90 08 10 Washington Changes - Cancellation and Nonrenewal CU 63 44 06 97 Foreign Liability - Following Form CU 64 30 12 04 Washington - Fungi or Bacteria Exclusion CU 64 32 03 99 Washington Asbestos Exclusion CU 64 79 05 09 Exclusion - Recording and Distribution of Material or Information in Violation of the Law CU 64 82 10 17 Amendment - Electronic Data CU 64 87 10 05 Economic or Trade Sanctions Condition Endorsement CU 64 92 01 13 Mobile Equipment - Following Form CU 64 95 12 07 Waiver Transfer Rights of Recovery Against Others CU 65 08 01 15 Exclusion Of Punitive Damages Related To A Certified Act Of Terrorism CU 88 01 12 02 War Liability Exclusion CU 88 04 07 14 Professional Services Exclusion CU 88 27 12 07 Washington Employment Related Practices Exclusion CU 88 31 05 09 Personal and Advertising Injury - Following Form CU 88 3907 14 Amendment of Definition of Insured CU 88 41 02 10 Amendment of Pollution Exclusion CU 89 19 01 13 Amendment of Watercraft Exclusion CU 89 21 07 15 Amendment of Aircraft Exclusion CU 89 40 05 16 Crisis Management Coverage CU 89 45 10 14 Access or Disclosure Of Confidential Or Personal information And Data-Related - Liability with Limited Bodily Injury Exception Exclusion CU 90 52 10 17 Damage To Property Amendment In witness whereof, we have caused this policy to be signed by our authorized officers. Q*s- l`�----- Mark Touhey Paul Condrin Secretary President To report a claim, call your Agent or 1-800-362-0000 DS 70 23 01 08 "�?OLlCY NUMBER: BZS55573742 COMMERCIAL GENERAL LIABILITY CG 20 10 10 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: City Of Kent 220 Fourth Avenue South Kt/,...a train nnnnn IVnt, TV/-1 NUVJL (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A Section 11 —Who Is An Insured is amended to (1) All work, including materials, parts or .include as an insured the person or organization equipment fumished in connection with shown in the Schedule, but only with respect to i- such work, on the project (other than ability arising art 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 tonal 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 This Insurance does not apply to "bodily injury" put to its Intended use by any person or or"property damage"occurring after: organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. dtv)o 10 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 Cl �•��"• ,.,n� ter`. rs�.a5oo�sia� BUSINES OWNERS BP44240110 THIS ENDORSENEHT CHANGES THE PCfUCY, PLEASE READ IT CAREFULLY, WASHINGTON HIRED .AUTO AND NON-OWNED AUTO UABILITYr This endorsssmant modifias insurarNE o provided under ttfe foibrrtrg_ RU&NE;SSOVVNERS COVERAGE FORM SCHEDULE ism Coverage Additiorial Pretnivrri Hired Auto Liability � flan=awrrad Aule UabMity oM..rr tnforn ation required to oompiate this S&cdule, if not shown at)ovo. Vill' b6 ah0VM in the fJeCiaMEM ratiarts. am MM A Irtsurance �s provided ordy for those cover- B, For itrrurance provided ages for which a specific premium charge Is only: by the erldarserr►er't shown in the Declarations cr if, the 5jheduIe, I. Hired Auto Liability 1. PaWaph B.1, EXCIU31ons ApplkarbW To Business Liability Gav@rage in Section 11, Psragrapfl AA. SU31ness 1.4ablilty in Sec- Llab ltty, other toast Exclusions a., b,, d., Lion 11-Liability appli" to "bodily Enjury' t am 1. and the Nuclear Energy Uabifity or 'properfy damage' arising out of the Exclusion, are deleted and replaced by maintiWWCo Or use of a 'aired auto* by the foliowtng: you or your 'envfoyees" in the course of a. The following exclusion applies orgy your bustnaas_ wnh respect to `bodily iryury, 10: 2 Mon-owned Auto Uabl ty r11� 'EmPiOyeea' of Ow irxsurad Psracgraph A,1. susintms uabaity in Sec- Whosa empkWmnt is not sub- lion li-Lla Nlity apple# 3 to 4bodlfy injury' jest to the industrial Insurance or 'property damage' arising out of the Act of Washington (VWasbington UW Of any 'n•cm-Owned auto' In your Reprised Coda Tile 51): business by any person_ sod5dy mP.try' to; {a) An ` iVloye-a" of tilt. irl~ sured arising out of and In ilia course of: Empfayment by the In- sured; or Performing dudes re* ed to the pondluct of thou Intursd's business.; t?r SP 04 20 01-1U 4Dlnsuranoa Services C?ftiCt4. Irtc, 20Ug Fago i of 3 d. The owner or lessee (of whom D. The foRomig addlUona. definitions apply: " you are s svbles *e) of a "hired 1. "Auto busatess` means the business or i auto" of the owner of a "non• occupation of stWi ng, repairing, service owned auto' or any agent or ing, storing or packing "autos employae of any such owner or ie—,,,see; or �. red auto" mains any "auto" yrau e. Any person or oq)anization for iease, hire, rent or borrow. This does not inrturm any 'autam you laase, hire, rent the conduct of any current or or borrow from arty of your 'employees', Past partne,�fnip or joint venture or partners or your "axecx►tiue olli- that is not shown a htarneci In- cers" or members of their households, surari in tho UeciaraGans_ G. For the 3. "Nof-awned auto' means any "auto" purposes of this endorserrnent only, you do rat morn, leasra, hi e, rent or aor- paragraph H. tJther ln6uranca in Secdc�n IN � ruv�r which is used in cunnecticx� with tttt� Comnnvn Policy CondkFor►s is replaced by the Following: your business. This Includes "autoz3" This insurance is excecss over any primary in, owned�by yoLw 'employees", your part- your 'executlVe off6cers', or sttrance covering the 'hired atAu' yr "oon- members of th_r txxt5ehgI05, Out crthf owned a41to , wfi4e used In your business or your per- mw�s l� t F 04 20 01 10 10 tnsurame Services off ee, Ina-, 2009 Vag# 3 of 3 cu Sop 06 97, COMMERCIAL UMBRELLA COVERAGE FORM There are proMisions in this policy that restrict Insuring Agreemerd. V. DEFINrrK)NS. Vftds and ouvorage_ Read the arilim policy carefully to deter- phrases that appear in quotation marks have spa- mine nghcs, duties aril; what is and is not cov- ciao meaning and can be found in the DEFINITION ered. Section or the specific policy provision wrists they appear. Througriout this policy, the words 'iou' and La "your' refer to the Named insured as defined in lnsurfing Agreement, V. DEFINITIONS. The words In consideration of the payment cf the premium 'we,' 'us" and "our" refer to the Cornpeny pro- and in reliance upon the waterr► nts in the Dec- Ming this insurance_ The word 'Insured" moaris iarations we agree with you to provide coverage any person or organization qualifying as such in as follows: I� lr9bUK1iYi7 AlsKGCMGP1l0 1, COVERAGE S. The General Aggregatra Limit is the most We will pay on behalf of the "insured" those we wit pay for all damages covered under sums in excess of the iietaineo i irnit" that the Insuring Age"mant in Saetion I., ax- the 'Insured" becomes legally obligated to cep' Pay by mason of liability imposed txy f,aw or 1. darnages included in the "products- assumed by the "Insured' under an "insured compiet,eci operations hazard- and cordracr txaoause of "i?adily injury" °WoPerty damage' "personal injury," or "advertising 2, ooverages Included In the policies Ilst- infvey" that toke5 platy during the PrAiQy lie- ed in the Suhedvile of Unoertying I"ur- riad and Is caused by an "occurrence' hap. ance M which no underlying aggregate peeing arrywhere, The amQLint we will pay for limit applies. damages Is limited as descfted below In the Insuring Agrimment; Seatim 11, I,1MfTS OF IN- The amount started Qn the t?ecfaratipris as SURANCE. the Geineral Aggregate Llrrit is the most we wiil pay fQr all damages arising out of II. LIMITS OF INSURANCE any "bodily Injury," "property damage," "persQrtaI injury," or 'aKdvertising injury' A. The Limits of Insurance shown in Item 4. subject to an aggregate limit in the 'un- of th4 Declarations and the Niles belgw dertyirg insurance," The ISerwral Aggre- state the most we will pay regardless of Bats LIrnit applies separately and In the th,s number of: game manner as the aq.�resgate limits in 1. `Incur Js"; the "underlying. lnsurarwA." C. The Products-Completed flpwatiorrs Ag- Z: 'bairns made for "suits' Drought or gre-gate Limit is the mcsi we wig pay for 3. persons or orgarAzations rwking all damages Included in the "pnoducts- 'claims" or bringing "suits." QQmpletecd Qpe{atiQn<s hazard," D: Subject to S. or C. in Se.ctim IL LIMIr S O INSURANCE, whichever applies, the E.a& Cccurrenta Urnit is the- masl we wig pay for 'bodily injury,' "property damage," CV W 02 06 97 {Page i of 151 "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 Setf-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 60 02 06 97 (Page 2 of 15) 3- We wiil pay the following as expenses, 'piaim" or 'su-rt" against the "In*vred.` to the extent that they are not included We will, however, have Me right and will in the u�vefage in the underlyinp poll- ye given the r}(1ipicxtiiinity to perWWW in clew listed In the Scheduls of Under- the settlement, defense and tdal of any ty N Insurance or in, any i*w m9ur- "claim" or 'suit n letivv IQ any " r- anee providing ooverage to the `In- renoa" which, In our opinion, may create surd': liability on our part under the terms of this a. premiums an bands to release at- pc*cy'. If we exercise such right, we wit! tac hments,, which bond amounts d4 sa a4 our own expen5�- wiM not exceed our Limits of In- lW. oct;Lttsit>'l�s sursnce, but we are not obligated to apply for or fumish any such This in5lrnd ce does not apply to; bond; A. `Bodilyr 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 do" not ap- oeed our PailoY limits, required by ply to 'bodily injury" resulting From the law to appeal any 'daW or use of r -asdnabla force to protect persons 'suit" we defend, but we are net or property. wioyeWii iu awry i�i vs iu�iivsii any such bond; S. Any obligation of the "Insured" under a 1111iiII11W Workers Cornparea tic n, Unemployment iiiiiiiiiiiiiiR a. all oasts taxed against the "in- Compensation or Disabiity, Benefts Law, surdd" in any 'claim" or 'suit" or under any similar law, regulation or we defend; ordinance, d. pro-judgment interest swarded C, any obligation of the "t.nsured" udder the against the "Insured" on than part EmpI&1*a Retirement Inowa Security Act cal the judgmarrt we pay that is of 197.4 or any amendments to that act, or within our applicable Limits of Ian- under any Mmirar taw, regulation or ordi- surenGe. If we make an offer to nance, pay the applicable Limits of Insur- ance, wi5 *1 not pay any pre- 0, Any obliga6.on Qf the 'Insured" under a judgmerA Interest based on the No Fault, Uninsured Motorist or Underin- period of time after the gf r-. cured MoOw st taw, or vnder any 5irrular law, regulation or ordinance, e, all; intereak that a=es after entry of �udgrrient and before we have E. "Property damage" to "Impaired property" pain, offered tra pay or deposited or property lh�at ties not t?Qen physirelly In court the part of the judgment Injured, arising out of- that is within ovr applicable limit of Insurance; i, a defect, deficiency, inadequacy or daNerQu:5 caandikc in ` wr prodwt' f. the "tncsured's" a tual and reason- or 'your +crack'; or We menses inc4irred at our re- quest. 2. a delay or failure by you or anyone acting on your behalf to perform a can- C. We will not investigate any 'claim" or de- tract ar agreernent irr a000rdanae w+th find any 'suit" after our applicable Lirrits its terms. of Insurance have been exhausted by pay- merit of judgmgnls or seltlaments._ This exclusion doat not apply to the Ibss of use of other property arising out of D. In all other instances except Subsection A. suddan and accidental physical injury to in Section Ili. DEFENSE, we will not be 'your product" or 'your work" after ft has ob igateci to assume charge of the irrrss been put to its inlanded use. ligation, settlement or defense of any CU$0 02 X 97 (Page 3 of I$) F. "Property damage' to "your product" aris- 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 PPIY 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- behatf by a subcontractor. vices to conform with advertised qual- H. Damages claimed for any loss, cost or ex- ity 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- penses, costs of investigations, or the fees I such product, work or ro of attomeys, experts, or consultants, aris- drawn or recalled from the market or from property with- ing out of or in any way related to: use by any person or organization because 1. The actual, alleged or threatened pres- of a known or suspected defect, deficiency, ence, discharge, dispersal, inadequacy or dangerous condition in it seepage, migration, release, or escape of "pollu- !. "Property damage" to property owned by tants," however caused. the "Insured." 2. Any request, demand or order that any J. "Personal injury" "Insured" or others test for, monitor, 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 publication of spond to or assess the effects of "pol- 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 3. Steps taken or amounts incurred by a material whose first publication took 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, 60020697 (Page 4 of 15) As used in this exclusion 'paIlutants' 3- were icc, derr"jion, evatuatioc� reas- means any soild, liquid, gaseous, or tftcr- signment, (Jis,cIPllnei defamation, ha- mal irritant w contaminant, irw)Wing, but nxssment, molestation, humitir}tiora, not limited to smoke, vaW, soot, fumes, drscrlminallon or other employment fe- adds, alkaalia, chemicals and wrayte MS- Ivied practiW5, poN*%, act$ Pr o nis- twial. Waste miata+rlal includes materials siom or wthirh are intended to be or have been recycled, recondltioned or reclakned. 4. consequential "bodily injury," 'Proper- ty damage." "personal injurye Of 'ad- M. 'BQOy injury" or "property damage' due vextising injury' as a resuft of 01, to war, wbather or nol declared, or any act through 13.3. __. or corxii on incident co war. War includes W dvi way, irtsurreckc, rebellion or reyolu- This oxelusico applies whether the "ln- tion, This excivaion applies onty to fiabiFdy sured" may be held tlaL4e as tern employer assumed under a contract or agroernont, or in any other capacity and to any obliga- tion to share damages with or to repay N, Any tiabitityr, induoding, but not limit&d bo someong elso who must pay darrtages ba- settiemerets, Judgments, costs, charges, ex- cause of "bodily injury,' "property dam- '"""" pensas, costs crf inyestirgatians, or the foss age.` 4perswai injury` or 'adv rising irf- of attorneys, experts, cr Qonsuttants arts- jury," iron acrt of or Mated in arw waY, either directly or indirectly, to. t'. bouuy mlury, plwtn cy tea{ MV sortal hjui'y` or *advertkring injury" ex- dw J. asbestos, asbestos products, asbestos- chided by the Nucliaar Energy Liability Ex- oontaining m,atariais or products, as- clursion attacheod to this Policy. bestvs fibers or asbestos dust, inciud- iN, but not limited to, manufact}.rro, C. The foillowlrtg Sterns 1. through 4., except mining, use, sale, installation, removal, to thiD exter►t tfirst sari inaurarroe es pro- or distribution activities, vlded by a policy listed in the Schedule of 1Jnc1eriyinrJ lnsurarc;e, and for no broader 2. exposure to testing for, monitoring of, en rage, than Is provided by such policy: cleanin up, removing, containing or treating of asbestos, asbestos pro- 1. Liability of any empioyeo with respect ducts, m4efiala or to "bQiJily injury," 'pr Y damage,, products, asbestos fibers or asbestos 'personal injury" or "advertising In- dust; air jury" to you or to smother ernptcyee of the same ,ernptoyer injured in the 3. any Qb"inn to ire 15-tigate, settle or course of su+ctr errvli�yrnQnt, defend, or indemnify any person ogain:st any 'claim' or 'suit^ arising 2, °sadly inrjury' or 'property da_na-�Q' oul of, or related in any way, either arising out of the awTrship; malnten- dVecriyy or indiredly, to ast>estve, as- ance, operation, uee, loading" or Vtr bestos products, a$besVos-containing loading" of any watercraft, if suers mater3afs of pradccta, 4e4�tos fbcrs wttercra?t is owned, or chartered# with- or asbestos dust. out crew, ley or on behallf of any 'In- sured-" This exclusipv will not apply to a. "Bod{iy injury,' "property damage," "per- watercraft v&lfe ashore on any prem- sgnai injury' or 'admrtising inji,y aril i9es gyred by, rented W. or controlled Ing out of any: by you, t, refusal to erwroy or promote; 3. 'Sodk injury' or 'property damage' arising out of the owrwifship, maint,en- 2, termination of employment; ante, operation, use, 'boding" or 'ur~- loadittg' of any aircraft, if such aircraft is owned, or fired without pilot or craw, by or on betatf of any 'tnsurad.f CU 1�0 02 06 97 jPage 5 of 15) 4. "Bodily injury" to: B. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public a. an employee of any "Insured" roads, including any attached machinery or arising out of and in the course equipment. "Auto" does not include "mo- of: bile equipment.' i, employment by any "In- C. "Bodily injury' means physical injury, sick- sured"; or ness, or disease, including death of a per- li. performing duties related to son. 'Bodily injury" also means mental the conduct of any 'in- injury, mental anguish, humiliation, or sured's" business; or shock if directly resulting from physical 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 p property" means tangible prop- a. whether any "Insured" may be erty, other than "your product" or "your liable as an employer or in any work," that cannot be used or is less use- other capacity; and ful because: b. to any obligation to share dam- 1. it incorporates 'your product" or "your ages with or repay someone else work" that is known or thought to be who must pay damages because defective, deficient, inadequate or dan- of the injury, gerous; or V. DEFINMONS 2• you have failed to fulfill the terms or a contract or agreement; A- "Advertising injury" means injury arising solely out of advertising activities of any if such property can be restored to use by: "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 Hod: 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; 2. oral, written, televised, videotaped, or I. The Named Insured meaning: 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 5. mental injury, manta( anguish, humili- liability company, and over which ation, or shock, if diredty resulting you maintain ownership or major- from Items A.I. through A.4. i interest, will major- ity qualify to be a Named Insured. However. 60 02 06 97 (Page 6 of 15) (I) uQverage under this proms "urkioadir►g" Qf any "autos.," airrtaft ar slon is affordod only until the watercraft unless such cowrage is In- BQth day after you acqurire or ciuded under the polic6as listed in the fofm the organization or the gchodOe of UncDartying insurance and end aF the p4iiQy period, fbr no brwder coverage than ir, pro- whichever is earlier, Mided under such underlying po6cles. (2) coverage does not apply to Employees include "leased workws' 'bodily iryucy," "property bul rKt "temporary workem." "Leased damage," 'personal injury' workers" are leased to you by a labor or 'adwerbainrg injury' that leasing firm under an agreement t�-e- occurred bet= you aoquired tween you and the tabor leasing flan or formed the organization; pa perform related domes to the con- MW and duct of your bu!s�ness. "Leased work- 1111 ' erg' are not 'temporary workers-' airy (3) coverage applies only if the 'Temporary workers' are persons fur- oxganizabon is irtoiuxted un- nished to you to s4W,.titule for perrrta- der the aNerne provided by nent employees on leave or to meet the pcdcim fisted in the seasonal or short-term workload pQndi- Grf1MK iP of I lnrLmNina In- """'� surarre and then for no ism broeder coverage than is 7. Any person, 4-Aher than one of your arm provided ur�dar such under- ernpio at, or organization while aci- lying policies, ins as your real estate manager. 2. If you are an indiyiduaV you and your $. Ar,y person (other then your partners, spouse, but ornty with n3mpect to the fxewtivo officers, diractors, slookhol- c(nduct cif a business of which you are ders or emp"es) or organizations tfie sole owner as of the affective date with respect to any "auto' ovrneti by ofi this poi#cy. you, loaned to you or hired by you or w your taehaif and used with your per- . if you are a par#►ership or joint ven- m�53ion. tore, the partners or mernbers and their Spouses but Qnly as re5pec>ta the However, the coverage granted by this coiduct of your business. Provision 8, does not apply to any per- Q. If you are a Iimlted liabitlty company; son using on 'auto" while working in a twsin s that netts, services, repairs or the r►ten�bor5 or managers but only as parker 'autos" unless you are in that respects the conduct of your twsfnass. twsinass_ §. Ary person or organizatkw, other than g. No person or organization is an "in- te Named Insured, included as an ad- cured" with respect to the corxiuct of ditional "Insured" by virtue od an "In- any current or past partnership or point sured co*ac't," and to which coveraqi� venture that is not oho wn as a Named Is proyfddd by the 'underlying tnsur- tnsured in the Declarations, anve,' and for no broader Qoverage than Es provided by the %ndertying G. "Insured contract" means any otaf or wnt- insurance to sucth additiQnal "In- teni cgntract or agreement entered into by sured." your and pertaining to your business under which you assume the "bent iiatbil* of 6. Arty of your fxa:bners, ,„xecutive offi- another party to pay for "bodily Injury" or cars, directors, or employees but only "property damagv' to a third perwn or while acting wiitfiiin the scope of their organization, provided that the 'bodlly In- dud". lu!Y" or "Property carnage' occurs sutrsa- Howaver, Vie, gage granted by this quent to tha execution of the contract or Prov+islon 6. does not apply to the own- ;wnhip, Maintenance, use. ''loadirtq' or W $0 02 06 97 (Page 7 of 15) agreement "Tort liability" means a civil a. air compressors, pumps and gen- liabiifty that would be imposed by law in erators, including spraying, weld- the absence of any contract or agreement. ing, building cleaning, geophysi- cal exploration, lighting and well H. "Loading" or "unloading" means the han- servicing equipment or dling of property: b. cherry pickers and similar devices 1. after it Is removed from the place used to raise or lower workers; where it is accepted for movement into or onto an aircraft, watercraft or 6. vehicles not described in 1., 2., 3., or 4. "auto"; above maintained primarily for pur- poses other than the transportation of 2. while it is in or on an aircraft, water- persons or cargo craft or 'auto"; However, self-propelled vehicles with 3. while it is being moved from an air- the following types of permanently at- craft, watercraft or "auto" to the place tached equipment are not "mobile where it is finally delivered. equipment' but will be considered ' However, "loading" or "unloading" does autos": 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; I. bulldozers, farm machinery, fo rid ifts 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 60 02 06 97 (Page 8 of 15) co— fr Lwncy or m!petition tt~ereaf, the b. work that has not yet been number and Wd of media used and pteted or abandoned. the number of daimantas, 2. 'Your work' will be deemed complet- 3- as resit "edverttOnq injury," an Qf ad at tha earliest of the foliowing fsnse cornmttted in the courts of ad- times- vestising your goods, prco(fUct@ and ser- vices that results to `advsrtrs(r� (n- e. Ya+tien alll 01 the wor9� called for in jury-" AM darmages that arise from the your contract has been complet- sarne or refaced injurior.us matodal or acts Wi f be considered vs arising out b. When all of the wo* to ne done of one "orc>Jrrert ," regafdfass of theat the site has been compteeed if frequency qr repetition thereof the your contract calls for work at >iti>� number and kind of medi a used and mort3 than ono site. the number of claimants_ c. When than part o� the work dwe K 'Paonaf injury` means injury other than ms ts "bodily ►njury' or 'advertising injury" arts- In a jedQk� site has nape put t r ir- ir'rg out of one or rrtaro of the lallawirrg Irr6ended +tee by any person or ar- offenses dustup the polcy period; gent etiQ++ other than another rCin tractor or subcortractor working ..� 1. false arrest, detention or imprison- "' " iwm rune; Wc* that may need service, mairrter}- 2, malicious ancs, correction, repalr or repfacemsnt, tort which is gtherM!5e qornptefe, wit 3. the wrongful eviction from, wrongful be treated as Oornprleted_ entry irdQ, or irr4aign of the right of prl�+at® o�cxupat�cy of a room.; dwelling3. This "produc�t•�xnpieied operations o p�miass that a person occupy by hazartf' dc`'vs not irtidu�de 'txrdity irr- or on behalf of Its owner, landlord or lam" of 'poop" darnags" arising out le$ ; t�f 4. oraii, written, teieviged, victeoteped, Qr a• the transportation of property, un- elecimnic publication of material that less the injury or damage arisen slanders or Lets a person or organiza- o+uf of a aaomibw in or on a ve- hicle or disparages a persa�n`s or a- hiale created by tfie loading" or gan aticn's goods, prQdvcts or ser- 'unloading" of it; vices, b, the existanco of tools, uninstailo td S. oral, written, televised, Yldaotaped, or equipment or abandoned or tin- etedroniQ publicaticni of material that ussd materials. vlolates a parsan's right of privacy: or M. "t'ropc+rty damagd' tnearts'. 6. mental injury, mental aKuish, humili- 1. physical Injury to tangible property, (n- ation, or shack, if dime* rgsullirtg resulting Chiding a f� Items K.I. through S. resulting t�s of � of that property. All such loss of Use will be L. 1. `Products-completed vperationis haz- deemed h� o ur at the tinte of the ard" mwar6 ao 'hodgy injury" and physical Injury that caused It: or "propertyr damage" from an "occur- Z, l� of use of tangible property that m ranca° taking *an away Pram ptem- ises you crwn or rent and arising out of not physically injured. All such loss your product'" Qv 'your wank" exLspt- wig be deemed to occur at the ti�ma of the %=vrrence' That caused it a. products that ar8 stilt in y-aur N. "Suit" meane a civil physical �saessiorr; or proceeding urhiQh seeks monetary damages because of "bod- ity injury,' 'wxerty damage," 'per- CV $0 02 06 97 (Page 9 of 151 sonal injury," or 'advertising injury" to "Your product" does not include vending which this insurance applies. "Suit" in- machines or other property rented to or dudes: 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 coverage provided under policies 1. warranties or representations made at shown in the Schedule of Underlying In- any time with respect to the fitness, surance, or any additional policies agreed quality, durability, performance or use 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 as to any mocI flcations which are A Appeals agreed to by us in writing. tf 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. ft 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 b. others trading under your name; such appeal. 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. ais, 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 2 the or inability to pay require us to drop down providing or failure to provide and replace the "retained limit" or assume warnings or instructions. any obligation with the "retained limit." 30 02 06 97 (Page 10 of 15) p. Gar,ceflatk►n cetlation and the receipt of any refur�' I. You m canaal this that may bane payable under this may policy. You must Klicy mail or deliver advance written notice to us stating urban, the cancellation is a- My of the,Se Provisions that cordlicl to hake eff+ed. with a law mat contfolls the cancella- 2. We may cancel this policy. If we cancel tip' of the insurance in this pprrcy is because of nonpayment of pfernium, changed by this staternent to comply with the law, we rrutsl mail or deliftf 10 you not less than tan (10) days advar,oe voiitan no- E. Changes tice stating when the cancellation is to take effect if we cancel for any other Notice to any agent or knowMdlga pos- reason, " must mail or detivet to you sessed by any agent or arry other person not lass than thirty X) days advanca vAl not effect a waiver or a changa in any written notice stating when the can- part of this poky, This policy can only be oailaWn is to take eftact. Mailing that changed by a written endorsement that notice to you at your mailkng address becomes a pert of this poky and that i3 shown in Item i. of the Declarations signed by dna of our authorized repre- �,,.,� will be sufficient to prove notice, sentatives, 3. The policy period wll end on the day F. Duties In The Event of An Qccunrance, and hour stated in the rancoltation na- Claim Or Suit N tire, 1. You must sae to it that we are notllled 4, If we (aancef, finaf prerriurn will iN cal- as wQn as practicable of an "noGr,ir- cutated pro rats based on the time this rence" v&lclh rmy result in a "claim" policy was in ferre, Final premium wig or "suit" under ttus policy, To the ex- not be less than the Minimum Pre- tent possible, notice will Indude, miium as 9h4Wn in Item 3; i?f the Qetr laradons. a. how, when and where the "oomr- Fence" took place; 5, If you cancel, final premium will be riore than pro rats; it w4l be besed on b. the names and addresses cf any the time this policy was In force and Inju+reed person and witnesses, increased t)y our 5hcrt rate cancellation table and procedure, Final pfemlum c. the nature and location of any in- mil nQt be less than the Minimum Pre- jury or damage arising out of tho mfum as shown In Item 3, of the Dec- 'occurrence," laration9_ 2. If a "claim' or "suit" against any "In- 5- Pwrium adjustment may be made at silted" is reasonably likety to invdvo the time of cancellation or as soon as this poky you must notify is in wr►t- pradicaWe thereafter but the cancell'a- trig as soon as practicabile. Son will be effective even if we have 3. You and any otherf�re invod "Insured'' npt made OF vfFered any refund due must: you. Our check or our reprewritative's check, mailed or delivered, will be surf a_ immedrateiyr send us copies of ticlent tender of any refund due you. any demands; notices, sumaws- 7. Toe first Nanr�ed Insured in Item 1. of e$ Or 1e901 paperu received in °°rb­ tote Declarations will act on taebalf of nection with the "cialrri" or r n al other "6nsured's" with respect to sun wit ; the giving and teoeiwg of notice of b- authorize us to obtain recartia and can- o1w information: CV 6C 02 Cifr 97 (Page 11 of 15) c. cooperate with us in the inves- I. 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• des 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 any "Insured" at any time. Our inspections g 9 period of this pole' such as to increase the coverage are not safety inspections. They relate only afforded under this policy. to the insurability of the premises and op- erations of any "Insured" and the premi- If you fail to comply with these require- ums to be charged. We may give you re- ments, we will only be liable to the same ports on the conditions we find, We may extent that we would have been had you also recommend changes. While they may fully complied with these requirements. help reduce losses, we do not undertake to perform the duty of any person or organi- J. Other insurance zation to provide for the health or safety of any employees or the public. We do not If other insurance applies to a loss that is warrant that the premises or operations of also covered by this policy, this policy will any "Insured" are safe or healthful or that apply excess of the other insurance. Noth- they comply with laws, regulations, codes ing herein will be construed to make this or standards, policy subject to the terms, conditions and limitations of such other insurance. How- H. Legal Actions Against Us ever, this provision will not apply if the other insurance is specifically written to be There will be no right of action against us excess of this policy. under this insurance unless: K. Premium I. 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 com- This insurance does not give anyone the puted on the basis set forth in Item 3. of right to add us as a party in an action the Declarations. At the beginning of the against you to determine your liability. policy period, you must pay us the Ad- vance Premium shown in Item 3. of the 1. Maintenance of Underlying insurance Declarations. During the period of this policy, you agree: When this policy expires or if it is can- celed, we will compute the earned pre- mium for the time this policy was in force. If this policy is subject to audit adjust- 60.02 06 97 (Page 12 of 15) n�qnt, the actual exposure basis wio be t=xpertses incurred in the exerci*e Qf nghO used to compute the earned premium, if of recovery will her apportioned botween the earned premium is greater it►an the the interests, including the "tnwrva," it Advance Premium, you Trill promptly pay the ratio of their resp&ctrve recovWles as us the difference_ If the earned prentiur►, is finely settled. less than the Advance Premium, we wiN return the difference try you. Burt in any N. Tstrtrs GonfarTtiati bD Sfatu4ra event we will rrslaln " Minimum Pre}- ttg tah%s of this Polity which are in con- mium as shown in Item 3_ of the Deciara- flirt with the statutes crf the state Owe dons for each twelve months of our policy this Policy is issued are arnsnd6d to con- pew- form to such statutes. L, 5eparsban orf fnxure0s If we are prevented by taw oc statute from Fccapt with rasped to our Limits rf fnsur- Paying art behalf of an '11hituted,' than ws arim and any rights or duties specifically +Aril, where permitted by law or statute, assigned to wo first Named insured des- indertnnify the "Insured" liar those sum in r ignated in Item 1, of the Declarations, this of ttte 'retained limit" insurwca applies: t?, Transfer of Ypur Rights And Duktes �a®c 1, as if each Named Insured YeerA the „_- _ .� a. 4i=� „m,, Obic rV-JFW�u only Named ir►sured; and rnray not to transferred wlO"I our written 2. separately to each. "Insured" against eQnrerA. whom 'dairvr is made or "suit" If you die or are IeWlty declared t}ankrvpt, brought. your rights and clulles wiN be transferred M. Tnows r of Rights of Roo"ery Against to your legal mpnasenla#M t)vt only while tethers to Us acting within the scope of duties as your legal representative, I-lo'never, notice of V any 'insured" has rights to recover aft or cancellation sent to the first Famed In- part of uny pawnenl we have made under sured desiednsaRed in Item 1, of the Declara- this policy, those rights are transferred to tions and malted to the address shown in us, The 'm5wed' must du nothing after etas poky will be suffk�enl nolijoe to effect loss to Impair those rights and must help cancellation of this policy. vs enforce them_ P. When Loss is Payable Any recoveries will be applied em fullaws CQyerage under this pefiyy wig not apply 1. any in1wosts, unctuding M "ensured," unless and until arq 'tnsur i" or an 'in- that have paid an amount in excess of sured's' underlying irksurer is obligated to our payment under this policy will he pay the 'rMair►Ad limit" reimbursed first; When the amount of loss has >~nally been 2. we Men vAl be reimbursed up to the delerm+ned, we will pramp,Uyr psy on be- anvunt we have paid: and half of tt# 'Irmured" the a►niount of loss falling within the terms of this policy. 3, lastly, any iritflt St4, ir►cludling the `in- sured,' over which our insufance is You will promptly reiraburw us for any oxciess, are anlided tb claim the rAsi- amount within the Self4rtsured Relentton due, advanced by vs at our discretion Q6 behalf of any "insured." CV $0 02 06 97 (Page 13 of 15) NUCLEAR ENERGY LIABILFrY EXCLUSION -his policy does not apply to: Canada, this Exclusion 2.c. applies only to "nuclear property damage" to such "nu- 1. 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 fiability policy issued by a. "Hazardous properties" includes radioac- Nuclear Energy Liability Insurance Associ- tive, toxic or explosive properties. ation, Mutual Atomic Energy Liability Un- derwriters, Nuclear Insurance Association b. "Nuclear facility' means: of Canada or any of their successors, or would be an "insured" under any such 1. any "nuclear reactor"; policy but for its termination upon exhaus- ii, any equipment or device designed or tion of its Limits of Insurance; or used for b. resulting from the "hazardous properties" of "nuclear material" and with respect to (1) separating the isotopes of urani- which (a) a person or organization is re- quired to maintain financial protection pur- (2) processing or utilizing "spent suant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) any fuel" or "Insured' is, or had this policy not been issued would be, entitled to indemnity (3) handling, processing or packaging "nuclear waste"; from the United States of America, or any agency thereof, under any agreement en- ill. 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- rial," 'special nuclear material" or by- sured" of services, materials, parts or product material. equipment in connection with the plan- ning, construction, maintenance, operation d. "Nuclear property damage" includes all or use of any "nuclear facility," but if such forms of radioactive contamination of facility is located within the United States property. of America, its territories or possessions or 60020697 (Page 14 of 15) �- 'Nuclear re4Qtor, means any appar4tus g- 'S;ovrce material,` "special nuclear rnatf�- Jasigned or used to sustain nuclear fission rial," and 'by-product materiar+ have the in a selr supportfrtig chain reactigrt or to meanings gi4en them in the Atomic Err- contain a critical mass of fissionable ma- ergy Act of 1954 or in any law arnendalory tenet. thereof, f. `Nudear wash" meant. any wciear waste h. ";spent fuel" means any fuel elemeni or maW;ii (a) containing "by-produd male- fuel component, w5d or liquid, which has rial" oilier than the tailings of nuclaar been used or exlpasecl to radiation in 3 waste produced by the extraction or con- "nuclear reactor," caniration of uranium or thorium from any ore primed primarily for its "source rma- This endorsennem does not change any other pro- tariai` corMent, and (b) resulting from the vision of the policy_ operation by arry person or crgarazation of any 'nlbdaar facility' inctudied +thin the definition of "nuclear facility' uncle{ Para- graph 3.b.i. or IbJi, In Mtna:; Wherrnr wQ hava e-Ai tiri thlz n4ry m hp ciYRr.iitvxt and allw%ted_ Not this oo{i v w{lii not be v-afid unless a?unli rmigned ter one of ouf duly authorized vmtere necluim! by law, CV W 02 W 97 (page 15 ref 15) CU 60 30 06 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARE, CUSTODY OR CONTROL EXCLUSION - REAL OR PERSONAL PROPERTY The following exclusion is added to Section N - 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. 30 30 06 97 COMMERCLAL UMBRELLA , Cu 50 39 01 Is THIS ENDORSEMENT CHANGES THE POLICY, PLEASE.MEAD IT CAREFULLY, CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modules Insurance provided tender the following: COMMERCIAL UMBRELLA COVERAGE FORM If aggregate Insured Io39es atuibutable to tarrorlst acts caitifled under the Weral Terrorfml Rusk Insurance Act exceed $100 tAliQn in a calendar year and we haw rMt our insurer +tedw*ble under the Terrorism ftk Insurance act, ** shag not be liable kx the payment of any poftioft o1 the amount of such icnves that exoeeds $100 bil54n, and in such case insured iQsso6 up W that arrmrit are subject to pro rate atlocatlon In accordance with procedures established by the Secretary of the Treasury, 'Certif d act of terrorism" means an act that Is ceftified by the Secretary of the Treasury, In accordance with the pmvisiQns of the federal Ternorism Risk Insurance Act to t7e an act of te-rrOrism pur5uartt to such Act. The criteria contained In the Terroflsrn Risk Insurance, Act for a "eertI%d act of term tsm" nr+iris tha rnllrnuina' t. The ad resulted in irsurad MGAaS in excess Of $5 million in the aggregate, attributabi& to ail types of insurance subject to the Terrorism I;tisk Insurance At:t; and 2, The act is a violent act or an act that is dangerous to hu'rnan Imo, property or infrastructure and is coma Ined by an individual of Individuals as part of an effort to coercR the cxvllian population of the U.ni'ted States or to infuenre the PQGcy or affect the conduct of the United stafin Government by coercion. The terms and !imitations of any terroftm exclusion, or the inatppibcability or omission of a terrorist ex*.sion, dry not Serve t4 create cotiere.cge for injury or da.nw9e 00 is Qlherwise excWed under this poilcy, This endorsement does not change any other provision of the policy. 2Ot5 Lbea/MAutual Imurence CU 60 39 01 15 Includes cnpyrighted material of Insurance Sarywcas Office,Inc.,with ds permis91on. paw 1 of f COMMERCIAL UMBRELLA CU 60 40 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNDERLYING COVERAGE REQUIREiIAENT FOR CERTIFIED ACTS OF TERRORISM With respect to any one or more "certified acts of terrorism," we will be liable only for that portion of damages, subject to the Each Occurrence Limit stated in the Declarations, in excess of the total amounts stated as the applicable limits of the underlying policies listed in the Schedule of Underlying Insurance and the applicable limits of any other insurance providing coverage to the "Insured' during the Policy Period. If you fail to comply with this Underlying Coverage Requirement for "Certified Acts of Terrorism" and you do not maintain your underlying limits as scheduled, we will only be liable to the same extent that we would have been had you fully complied with this Requirement "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk insurance Act; and 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. nis exclusion does not apply to the extent that insurance is provided by a policy listed in the Schedule 11: Underlying Insurance, and for no broader coverage than is provided by such policy. This endorsement does not change any other provision of the policy. CU 60 40 01 15 Includes 2015 Liberty Mutual Insurance copyrighted material of insurance Services OH9ce,inc.,with its permission. Page 1 of 1 COMMERCIAL UMBRELLA GU 61 06 01 13 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, AUTO L"IIJITY • FOLLOWING FORM this enci swent fnodl0es cnsuranooe pfoulded under the following: C0MMERCtAI. UMBRELLA COVERAGE PART 1, The(allowing 8xclu8;hW is added Eo? Secticri IV, -EXCLUSIONS: low This Insurances sloes not apply to, s Any liability arising out of the owrwship, maintenance, use or entrustment to othefs orf any 'auto.' Use indsides operatiorG and 'Icading' nw 'unloadinigO, This exclusion applies even a the clavns against any s "tnsumecr allege negligence or otheir wwgdoing in the supervision, hiring, emptoyrnent, training or rttnrtilatifig of olhefs by that "insured". .. This exclueslon does not aDt#Y m the extant that Insurance for such liability Is provided by a pol" listed ir the Schgdute of U-nderly ug Insurance, ar&0 fir no browler Qoywage tf Eip is prvvided �y 4uch pQli4y �c 2. ParNfaplt B.urxier Sactio fi V, DEFINITIONS is replaced by theMw ft�inwing: B. "Auto" means an aLrtc as It Is defined In the applicable `underlying insurance". This enc mffnent does not change any abler provision of (he 1� 20I2 Liberty.MLrvjBI insurenet3 CU 6f 06 01 13 InciudescopyTighted mstestat cl InsuranceSermesOMoL�,Inc.,with Iis nermis31Gn. Pagt� 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: I. 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. 2014Liberty 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 to 05 10 THIS EHDORSEIMENT CHANGES THE POLICY. PL.EASERE4D tT CAPEFULLY. WASHINGTON CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following- COMMERCIAL UMBRELLA COVERAGE PART EXCESS LIAWLITY COVERAGE PART 1. Condition, 0. Cancellation under Section Vi_ CondKl ons is replaced by the following: D. Cancellation 1, The first Named Insured shown in the Declarations may cancel this porrcyr by notIVIng us of the insuww praducer in one of the fr ftwing woyw, �. 111Mi��eM nnl.;ra k,1 h3Sil �!4 r1t o,-t'Y53it' b. Surrender of the policy or tinder; or c. Verbal notice, Upon receipt of woh notice, we will cancel this p4iiW or any tyinclw issued as +evidence of eove+rage, effective on the later of the following; a. The date an which notice Is reoe�ived or the policy or binder is surrendered; oT b. The Bete of crinceltation requealled by the fiat Named InsureedL Z We may cancel this poSay by maims or delivering to the firrst Narned Inured and the first Named Insured's ageni or broker written notice of cancellation, including the actual reason fa the cartcellatiori, to the last mailing address known to us, at least a, 10 days before the effective date of eancelaWn if we cancel for nonlLayrnent of premium, iw b. 45 days before the 914ectiva date of car cellaiiw if we canc:e for any other raasorr_ 3. We will also mall or deliver to any mortgage holder, pliedges or other person shown in this pof+cy I4 have an interest in any 1r;�s5 which may qQvur vnrder ihig policy, et their lest mailing address known to us, written notice of cancellation, Senior to the effectlwe date of canogatilon. This notie vAl be the same as Iiset mailed or delivered to the first Named Insured. 4, Notics of cancellation will state the effactiv8 date of canes(fation. The pc&y period will end on that date, S, If tbis p0cy is cancelled, we will send the first Named In%r'ed any prerTiurn refund due. If we cancel, the refund will. be pro rats. If the first Named Insured cancels, the refund wiiil be at least i UG% of the pro rats refund. The caace4la5w vAl be effeclye even if we have not made ar offered a refund, 6, tf rrotice is nwkd, proof of"mRiN will tie sufficiernt proof of n0fK e-, 2, The following Condltion is added to Section VI. Condi0ons anal super—cedes arty prQvi$ipn tQ Ihe cor►- trary: Nonrenewai 102010 Liberty Mutual tmsurarca Company.All ngMr.reserved. CU 61 so 08 10 Inefudes copyrighted mateelal of insurenox-Ser Aces Ofte,Inc.,wah As permlraion. 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 clearfy 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. 02010'L"erty iGIQG.IAFAurance Company.All rights reserved. CU 61 90 08 10 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 2 CU6344C497 THIS ENDORSEMENT CHANCES THE POLICY, PLEASE READ IT CAREFULLY. FOREIGN LIABIU Y - FOLLOWING FORM The foikowing excTusion is added to Section fY - EXCLUSIONS: ami» Arry `bodily injury," "property damage,` 'personal injury,' or 'adyertising injury"' Y&ich ncc"ts outside the Uniied States of America, its territories and pw4wssion3, Puerto Fiioa, or Canada, except to the extent that such insurance iS prOvIdad by a policy rested In the Schadufa of Undartying Insurance, and (or no troader wyerage thar) is provided by wch policy. This end&se-merit does not change any+ other provision of Ehe policy, ...Ili wow !`1 9 9Z9 AA r1C 07 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 bodily consumption, but only to the extent that insurance is provided by a policy listed 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 49} THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, WASHtNGTON ASBESTOS EXCLUSION Exciusfon N, Is deleted from Section IV. -EXCLUSIONS and Is replaced by the following: Any Lability, Including, but not WIted to satdarnents: judgments, casts, charges, expenses, coots of Inves,- tigation5, or the Fags of att meys, experts, or con5,vitanla arising gut of or reiv*d in any vsay. either direr.* or indirectly, to 1 1. the inhalation, ingestion or prolonged physical exposure 6o asbestos or goods or products ct 1Wning asbeslos; 2, the use of asbestos In oonsfructing or manufacturing any good, product or structure; 3, fhe removal of asbevcs from. any goad, product or structure; or 4. tfe rnanuWWre, sale, kwv5porhatm, stmge or btispq.,ai OT a.wesm* ui yvvu- vi asbestos. This endmarnant does ry change any other provision of the po&cy. 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 (FACIA); 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. ois endorsement does not change any other provision of the policy. CU 64 79 05 09 Includes copyrighted material of Insurance Services Office,with its permission. Page 1 of 1 CU 64 92 07 14 THIS EN DORSt3MENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - ELECTRONIC DATA This endorsement modifies insurance proyltied under the following, COMMERCIAL UMBRELLA COVERAGE PART A. The rdlorwing exclusion is addled to F6ciidr► Iv. EXCLUSIONS: d�a Thlg Insurance doe's not apply to: s Damages arising out of the loss, of, loss of use of, damage to, comaptiort of, inability to ao ees, or inability to manipulate A94ectr0nic data*. This sxoltislon does not apptY to liability for damagas because of "bodily injury, but only to the extent that insurance is provided for such dam8ges by a wlimt listed in the Sehedule of LlndGdVIrtp Insurance, aM for no bfOOder covarag® t)tars is pto- vided by such pcllfcy. IIIIIIIIINIIIIIIIi 0- Section Y, DEFINRlQhIS is armrxied as,tQUows: 1. Definition M. is ri;�pfacad by tha following: M. 'Property damage" means; 1. physical injury to tangible property, kicfuding aM resulWg lass of use of that property. All such toss of use sh,a9 be deemed to -=Cur at trig time Of tbG physical injury that caused it; or 2, loeS of use of tar►gr-ble property that is riot pfrysicalfy injured_ Alf Such io5i of use $hall tie deemed to occur at the time of the 'occurrence` that caused IL For the purposes of this insurance, 'electronic data- is not tangible property, 2, For the purposes of this enclorwrrw+-it, the kilowing delinition is added: Soctrortic data" means. information, facts or programs stm6d as or on, treated or usod on, or transmitted to or from computer software, including systerns and applications software, hard or floppy disks. CO-Ett:PAs, tapes, drives, ceifs, data prod sing devicaes or any olh,or media which are used with electminically cArttrolfed equipment, Thin endwserre ril dices rout change any cater provision of the polfcy. 0 2U14 Liberty Mutual Insomnia*,A#rights resw4W. GU 64 82 07 14 Include$Wpyrlghted m$beAsl or i+ic.,Wilh its Peerrissipn. Page t 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"), them 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 CHANGE19 THE POLICY. PLEASE REAL?IT GAMFULLY, MOBILE EQUIPMENT - FOLLOWNG FORM This endorsameot modifies insurance ptovided under the fdlowirbq: COMMPRCtAL U gRELLA GO'b"PRAGF PART 1, The fotivwing exdusim is vodded to Seefi.on IV, -EXCLUSIONS, This itt5uranea does root ap* to' Arty llaWify for or arising out of they ownership, maintsnanee, use tar entrustment ter others of any "mobile egtaipmenC. Use inclWe!5 opembon arxi 'loading' or 'unioading', This exQlusion applies even it thie dalms against any "insurecr allege rwgligence or other wrongdoing in the supervlslon, hiring, ernpfcyrnent, (minirxd cr ffwifc+dng of Ohm by the 'I�rUred This exclLrsiw dries net apply to the axt�ant thai insuranco fbr such liability is p(ovidod try a palm listed in the Schedule crf Underlying lrtsurance, and tor no oroaaer coverage ditty 1"5 prvyluim vy :5v";t Pv:IL-T 2, Parayreph 1, under Seutim 11, DEFINI'ONS is replaced by the f IlawiN- i. "Mobile otiuipmont" means mobilo equipment as it is dafrned in the applicatife 'underlying insur- ance", This endorsement does not cfrange any rather pfDvisicn cyf the policy. 2012 Liberty Mutual Insurenca CU 64 92 01 13 Includes wpyrfphted material of Insurana--Services QPI1ce,Irc.,with cis permis-31on. Pogo i of 1 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. CLI 64 95 12 07 COIAMERCtAL UMBRELLA CU 65 08 01 1s THIS ENDORSEMENT CHAt QeS THE POLICY, PLEASE READ IT CAREFULLY. EXCLUSION OF PUNnWE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsemerd modifies insurance provided under the following; COMMERCIAL UMBRELLA COVERAGE FORM A. The following exclusion Is added, This insurance does not apply to: TERRORISM PUNITIVE 0AMAGES Oanugas arising, directly ar indiredly, out of a 'oerldfad act of €arrodsm' that are awarciad as punitive damages. 'Ceditied act of terrorism' maarts arc au that is cartified by the Socrotary of the Treasurys, in accordance with the prwisions of the federal Temr xism Risk Fnsurance Act, io be are act of terrorism pursuant to such Act. The criisria ocntained in the Terrorism Risk Insurance Act for a "oertified act of terrorism' include the following; 1_ The act resulted in insured losses in excess of $.5 milliun irc the aggregate, attriburta►ale to kill types of Insurance suboti t to the Terrorism RJsk Insurance Act; and Z. The act is a violent act or an act that is daNeroua to human life, properly or infrastrucfxtre and Is committ$d by an irndiVidural or individuals as part of an effort to coerce the dvilian population of Itie United Slates or to influence iNe policy or affect the conduct crf the United States Gavernrnacrt by vaerc;inn_ C, The Farms and limllatans of any terrmism excluslon, or the inapplicability of omission of a le-rQrism exclusion, do not serve to create Gvverage liar injury pr ¢aw9e that i5 ot)terwise excluded under this poticy. This endorsement does not change any 0-er provision of &)e policy. 0 2015Liberty Mutual Imurence CU 65 no 01 1:5 IndudesoopYrighted material of InsuranoeScrrtCes CNrice,Mnc.,wAh as permi"ipn, Pow 1 of 1 COMMERCIAL UMBRELLA CU88011202 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. CU 88 01 12 02 Includes copyrighted material of Insurance Services Office,with its permission. Page 1 of 1 GU 88 04 07 14 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. PROFESSIONAL SERVICES EXCLUSION This endorsement modifies insurance provided under the following: COMM ROAL UMBRELLA GQVERAGE PART The folbwing exGlu$ign is added to Seci"lan IV, - EXCLUSIONS, This insurarlco does not appty to: "Bodily injury', 'property darnaege', 'personal injury' , 'advertising injury" a "personal and advertising injury' rAwps k kry the renndering of or failure to render any profeseiwai service, This Includes but is not limited to: 1. Legal, accounting or advertising services; Z Preparing, approving, or failing to prepare ar approve maps, drarwings, 00ni4ne, rW015, surveys, change orders, designs or speckfou tom; 3, Supervisory, inspection or engineeriN services; i 4, M$dioai, Surgical, dental, x-ray or nursling services treatment, advice or inst"Ofan; 5. Any heath or trierapeul c seMaa traatrnent, aNica or in trueban; 6, Any service, treatment, advice or insiruc#lon for the purpose of appearance or skin anhanca- ment, heir removal or replacement or personal grocming; 7, C it tometry or optical or hearing aid ser+ricas indudiN tI)n ptesciibirig, pnaparation, fitting, demonstration or distribubiw of ophthalmic tenses and similar products of hearing aid devices,; 8. Body plexcing ser sloes; and 9, Services in the practice of pharmacy. This exdusion applies even if the 'ctairns' again*! any "Insure" allege negligence or a}her wrongdoln in thAa s3upafYision, hiring, ompfoyrnent, training or amltofing of others by that 'Insured", if the 'accurrenoe', `u fense" or other act, error or omisaicn irwollvecl the rendering of or failure to render .any professiorW service. This endorsement does runt change any other provision of the policy, 0 2014 Liberty hrulual Insurwoe.As acts reseroed. CV 88 04 07 14 Includes copyrighted material of Insurance Services Office,I''nc„wilh As permission, pa" 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 persons 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 f.r,. 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 mp 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 CUMMERCIAL UMBRELLA, CU 88 31 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PERSONAL AND ADVERTISING INJURY - FOLLOWING FORM This endQoement modifies insurance provWed under the fe4owirtg: CQMIVFRQAL UMBRELLA Ct RAG EE PART A, SECTION I. COVERAGE ender (fie INSURING AGREEMENTS ie rented by the fQlkrwing: !� 1, COVERAGE A. We will pay on k>eIsalf of the "insured" those sums in excess of the "Retained Limit' that the - "Inspired" becomes tegaily obiigat,ad to fray by reason of liability imposed by law or assumed saw by the 'Insured" under an "insured contract" because of "bod#y injury "Property damne' or `personal and advorMing injury' to which this insurance appliots_ The amount was wit pay for damages is limited as described in the INSURING AGREEMENT, SECTION 11, LIMITS OF INSURANCE, No other obiigatiion of liability bay pay sums or partorm acts or sarvicas is ccv6rad unliess explicitly provided W under SECTION IN. DEFENSE, 0. This insur^anroe applie-s ta_ 1, 'Poday injury^ of "property damage" only it _. a, The "bodily injury' or"properly damage" occurs during tale Policy Period; and b, Thq "bodily iNury' or 'property darrw9o' iy cau5ed by an 'Q=imQnce happening anywhere; and c. Prior to the Paficy Period, no 'insured" listed undier paragraphs 1-a., 2,, 3, or 4, of da5nitw F. under SECTION V. DEFtNITIONS, and nob emplo"a authorized by you to give or receive notice of an "o=rrence' or "claim", knew that the "bodity injury' or .property damage" had occurred, in whole or in part. If such a litw 'insured" or authorized errip"ve iview, prior to Oe Policy Period, that the "bodily injury" or 'property damage' occiarrect, then any continuaUon, ctmrige or resumption of such 'bodily injury' or "property damage" during or after the Policy Period will be deemed to have bean known prior to tm Policy Nniod- 2. 'Personal, and advertising injury* caused by an "offense' arising out of your business but only if the 'offer6a" wits committed daring the Policy Period: C. "Bodily INury' or 'property damaW which occurs during the Policy Period and was not, prior Ip the Fplicy Period, known to ha+re =,urned by any "Inured' listed undef paragraphs 1.B., 2_ 3. or 4, of definition F. under SECTION V. DEFINtTIONS, or any ernplayfe authorized by you to give or receive notice of an "o=rTenGe' w %;Lahm", includes any oantinuation, change or resumption of tt�al 'bodily injury" or'property damage" after the end of the Policy Period, D. "Bodily injury' or "property damage" oAll be deemed to have been known to have occurred at the earliest time when airy "lnsurad' listed under paragraphs I.a„ 2„ 3. or 4, of de#rnitbon F. under SECTION V, DEFINITIONS, or any employee authorized by you to give ar reaei4e notice of an -occurianoe" or"claim', 1. Reports all, or any part, of the "bodily injury' or 'property damage* to us or any o8her. insurer; 2. Rwoerves a written cx verbal demand or "claim" W damages because of 'bodily injury' or 'property darrw9e of 3. rWwmos aware by any other means that 'bodily injury' or 'property damage' ha`s oc- curred or figs begun to occur, I- Damages because of 'bodily injury` include damages claimAd by any person or oNanizall on for care, loss or services or death re-suiting at any time from the "bodily Injury", '*2010tiberty Waal Ir*urafws Company.All r9h%reserved. CU 85 31 05 09 Indudes wpyTighoed material ci Insurance Sermon Offhoe,Inc.,wwh ON parrule3lon. Page 1 of 4 SECTION 11. LIMITS OF INSURANCE is amended as follows: I. Paragraph S.is replaced by the following: B. The General Aggregate Limit is the most we will pay for all damages covered under SECTION I. COVERAGE of the INSURING AGREEMENTS, except: 1. Damages included in the "products-complete operations hazard"; and 2. Coverages included in the policies listed in the Schedule of Underlying Insurance to which no underlying aggregate limit applies. The amount stated on the Declarations as the General Aggregate Limit is the most we will pay for all damages arising out of any "bodily injury", "property damage" or 'personal and ad- vertising injury" subject to an aggregate limit in the "underlying insurance". The General Aggregate applies separately and in the same manner as the aggregate limits in the "underlying insurance". 2. Paragraph D. is replaced by the following: D. Subject to B. or C. in SECTION It. 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 Seff- 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: I. The applicable Limits of Insurance of the underlying policies listed in the Schedule of Underlying Insurance and the Limits of Insurance of any ocher 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.I. 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 III. 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. eserved- CU 88 31 05 09 Includes copyright�mau material of Insurance Services Office 9nc.,rwith fts permission. 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Aq -a5rruirep filJedk,aJcl„ uo }kintui ,tl!pN, vans Job pep)DAe -s! e-?uejnsU! ;etfl pu�x-@ ayi Q4 Aluo . Fide ahooe (a) JCS i tt `trr) '(9) `tip) `fe) `(Z) '(t) s14delfted ul -1 uolsnloxa slUl '4 surAl�.iaoxa alll 'J;;AaM'Dlf -a6eWep JO umlJano 'lasdn Ww hq Apoaulp PeSngS ,sluelrllM. aql in adEnsa Jo asvepj `uagsJ6!u1 185 daas lesuadsap e Jal,!bs!p a41 (4) Ptie :,,GOLJO -unsu! SutAlmNn, Aq paaanoo .cgnv, ue. Jp air+ jo eouuuaww!vw eup �o gJnsfu a 5�e p6+8esuep to pawmpa&o 'gasdn a,e pautaluoa aje rsjuejr4jod, aqi yol+ym u! Ap;dmd Aug ao sluelnW, au(j )e) �e : u�rnsu>• 6ul+�pepun„ peu$ncy� ,opne, ue uodn xr u! pau �stuetnlhad. cal padsau LAB+ ,painsul. ue cn pw4mi jo Aq pauAw saslu,a,d wojj Acme amid a4el juLA .Saouatjn0004 ($) -jusutdlnbo @Now. to uoplugap oLg la -vq pue q q sLjdeu6eued Lq pcilsil � luawd!nba Aue jo ub�BJado aLp jo lno osua #ou si;pop ta6aulap ,tp.,adbad, JO ,LIIIL i Appnq. aye (4) Pug %mural -nyo-% yens p asads!p Jo emejeJ 'mis 'ptotl of rarntoelnum sl! Aq peu5"p Ind _olne. ue wojj Apowip pasaalaj Jd pasJads!p 'pa6uuq.J p, aje Jo alej&w 'daas 'ade:rsa �sluelnilod. aqj (R) :s 'syed su uo .vweJnsw 6uIAi mpun palnpoLps. �q paJaAob ,ognt. us 10 buruoltouN 1"uieLpaw jo ollnQjP4 leo rloala jewou ayl WOJJ unse aoy Pepeeu 8uE IL`Ul .stueini!od. x@,,uns Jaulo ao sase6 Yyneulxa `sp,N `stiuv-.)pgnl (1) "10094uoogns Ji0 J00ejIuoaa Iq }laWog xnaA uo jo noh Aq paLwcpid riulaq sucJlleJado ►alm uopaauuoo ul DJlpiln4 )eq olul l',4SnoJq sjupaaeLu wojj sJocleh jo sawr4 'sase8 asealaJ aLp Aq pasneo puie 5uipllnq p utgZ!M paulelsns ,oi5ewep AlJa:jri a_ Ja hint w Al!Pn8_ (9) COMMERCIAL UMBRELLA CU89190113 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. CU 89 19 01 13 includes copyrighted material of Insurance Mutual rYce Se rvfces Ofl9cs,Ina,with its permission. Page 1 of 1 COMMERCIAL UMBRELLA CU " 21 07 15 THIS ENDORSEft1ENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, AMENDMENT OF AIRCRAFT EXCLUStON This endmernert modifies insurarK* provided undar the fo4owln Gt}MMERCIAL UMBRELLA GOVERAGE PART ( rovesi,x� 3.of paragraph q, under Section rvf EXCLUSIONS is replaced by tho foilowina, ! This Insurance does riot apply to: € 0, The kAlowing items 1, Ormgh d,r except to the extent that such insur$noe is provided by a putiGY listed in the Sct7adule of Urxiartyllny Irtsuranca, and for no broader coverage than is proyidRd by such policy; 3, "Bodily injury" or "property damage" arising out of the ownership, rrwintenance, use or en- -++... r«.«r. k r ++t+arr rr en.. aittFroil it erin;;h AivrY:Yft is rjwrl43d or ooarated by or rewIe-d or loaned {o any "Insured'. Use in6udes operartiion and 'loedir� or 'uniaading', This exclusion applies i evaen if tha daims against any "Insurad" allege n0ghgertc0 of OOW wrcingdoir+g in the 5upervt- slon, hiring, eampfoyrnent, trairzirrg or moeitodN Of athers lY the 'Ir>svFed'- This endorsement does not chartge any other provision of the policy. �O 205 Liberty Mutual Insurance CCU 89 21 07 15 Inciudas copyrighted rnsterfsl ai Insurance Sarmes f)t91ce,tm,wftl'r its pennlsslon. Pag-0 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 "bodity injury". �. The following definition is added to Section V-DEFINITIONS: "Electronic data' means information, facts or programs stored as or on, created or used on, or transmit- led to or from computer software, including but not limited to systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. This endorsement does not change any other provisions of the policy. 2014 CU 89 45 10 14 Includes copyrighted material of Insurance Services Office,inc.,with its permission. Page 1 of 1