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CAG2020-005 - Original - Natural Systems Design, Inc. - Vactor Site Improvements: Feasibility Study - 01/08/2020
Agreement Routing Form KEN T For Approvals,Signatures and Records Management W A NIN GT ON 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 Rowena Valencia Department: Public Works Date Sent., 1/8/20 Date Required. 1/10/20 io > Authorized Director or Designee Date of Q, to Sign: Council N/A QMayor Approval: Budget 18-3009 Grant? Yes No Account Number. Type: N/A Vendor 9 o Name: Natural Systems Design, Inc. Cate ry Contract C Vendor 69570 Sub-Category 0 Number: n Project E Name: Vactor Site Improvements 0 Project Z Details: Perform a feasibility study for the site. c IV £ Agreement 14 896 Basis for y Amount: Selection of '- Contractor: a� d Start Date: 1/8/20 Termination Date: 4/30/Z0 Notice required prior to Yes No Contract Number: disclosure? G1 aDaC 00E) Date Received by City Attorney: Comments: cm c 3 0 a 0 p� Date Routed to the Mayor's Office: in 40 Date Routed to the City Clerk's Office: .y d 1c Date Sent to Originator. Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 KENT WAS M I N G T O N 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 ►aws of the State of Washington, located and doing business at PO Box 15609, Seattle, WA 98115, Phone: (360) 966-8102, Contact: Laura Zanetto and Torrey Luiting (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 perform a feasibility study for the City's vactor solids disposal site. 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 April 30, 2020. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Fourteen Thousand, Eight Hundred Ninety Six Dollars ($14,896), 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 ($20,000 or Less) 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 ($20,000 or Less) 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 ($20,000 or Less) 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 ($20,000 or Less) 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 ail 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 (signature) (s' nature) Print Name: Auk < o - Print Name: Timothy J. LaPorte, P.E. Its: 0 Its: Public Works Director (title) DATE:_ 1 _1 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Laura Zanetto &Torrey Luiting Timothy J. LaPorte, P.E. Natural Systems Design, Inc. City of Kent PO Box 15609 220 Fourth Avenue South Seattle, WA 98115 Kent, WA 98032 (360) 966-8102 (telephone) (253) 856-5500 (telephone) N/A (facsimile) 253 856-6500 facsimile ATTE T: ii i Kent City Clerk Natural Systems Design-Vactor Site/Valencia-Gica CONSULTANT SERVICES AGREEMENT- 5 ($20,000 or Less) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. For: Title: �Erjtr.. Date: 1 a 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& FLOODPLAIN RESOURCE MANAGEMENT P.O BOX 15609 SEATTLE,WASHINGTON 98115 SCOPE OF WORK CITY OF KENT VACTOR SOLIDS DISPOSAL SITE EXPANSION FEASIBILITY STUDY Prepared by: Natural Systems Design, Inc. Prepared for: City of Kent Public Works Department December 30,2019 The City of Kent(CITY)has requested technical services from Natural Systems Design, Inc.(NSD)to perform a feasibility study of the 3.98-acre vactor solids disposal site(King County Parcel#619540001o;6400 S 226tn Street[site]),within the City of Kent.The CITY has determined the current facilities are undersized for the CITY's needs and is exploring options for expanding the facility and implications relative to critical areas, specifically impacts to wetlands and related permitting and mitigation requirements. NSD will assist the CITY in developing a set of criteria for the vactor facility expansion to inform the feasibility study.Based on these criteria, NSD will research and evaluate the potential of the existing City-owned site to support the expanded facility needs,and estimate the potential implications of and permitting considerations for expansion at the existing site. NSD will also investigate alternative locations for a vactor solids facility which may have lesser wetland impacts and/or permitting and mitigation implications than the current site.This additional analysis will be based upon a similar set of predefined criteria for a new facility location. This scope of work describes the technical services to be completed by NSD to support the vactor solids facility expansion feasibility study.Work to be completed by NSD has been divided into the following tasks and linked to specific project deliverables: Task 1: Facility Expansion Feasibility Study Task 2: Identification and Evaluation of Facility Expansion Alternatives Task 3:Site Feasibility and Alternatives Memo Task 4: Project Management and Coordination TASK i.FACILITY EXPANSION FEASIBILITY STUDY NSD will assist the CITY in developing a set of spatial criteria which will define the nature of the vactor solids facility expansion at the current site.We anticipate this set of criteria to include,but not be limited to,the approximate size of the facility expansion,required structural elements, and any modifications to the existing site functions. NSD will review and compile background information to understand existing conditions at the current site relative to the CITY's facility expansion criteria.This includes,but is not limited to,review of the site's wetland delineation report and functional assessment of the wetlands, N RCS soils inventory information, City of Kent I Vactor Solids Disposal Site Expansion Feasibility Study Page 2 National Wetland Inventory,data regarding adjacent Green River Natural Resources Area,and publicly available data related to topography,zoning,hydrology and biological conditions. It is NSD's understanding that the existing vactor solids facility is located within the jurisdiction of the City of Kent Shoreline Master Program.This may present restrictions related to the size,type,and location of development at the existing site. In response to this, NSD will review the Shoreline Master Program and coordinate with City planners to gain interpretation of the Master Program's regulations as they relate to development at this site. Following this analysis,potential permitting and environmental compliance considerations will be compiled focusing on an anticipated federal nexus through Clean Water Act Section 404 for impacts to regulated waters of the U.S.including wetlands. Information gathered during this task will be used to inform the Site Feasibility and Alternatives Memo(Task 3).This scope of work includes working with the CITY to determine the approximate acreage necessary for the expansion of the existing vactor solids facility. Using this estimate,an approximate range of project mitigation ratios will be determined based on the Raedeke delineated extent and category of wetland and the compensatory mitigation ratios published in the March 2006 Washington Department of Ecology mitigation guidance(Wetland Mitigation in Washington State). These ratios will be applied to the anticipated wetland impacts from expanding the existing vactor facility; NSW will then use a CIS analysis to screen appropriately sized mitigation sites and evaluate their ecological and permitting implications. Assumptions • The CITY will provide NSD with the following: o Wetland Delineation Report for Parcel#6195400010 o Pertinent materials related to the existing site conditions o Details related to the CITY's facility expansion criteria o Appropriately attributed and organized GIS shapefiles of the property boundary and delineated wetland • NSD will assist the CITY in developing a set of spatial criteria to be used for the site feasibility study. • 2 NSD staff will perform a half-day site visit to review wetland delineation determinations and evaluate existing site conditions. • NSD will determine approximate acres of mitigation based on published guidance ratios;a complete Debit-Credit analysis of mitigation need is outside this scope of work,but may ultimately be requested by the regulatory agencies. Deliverables: • None included with this task;information and spatial analysis to be included in Task 3 deliverable. TASK 2.EVALUATION OF FACILITY EXPANSION ALTERNATIVES NSD will assist the CITY in developing an additional set of spatial criteria for a new vactor solids facility location.These criteria will be used to conduct a progressive CIS analysis identifying sites within the City of Kent which meet the CITY's requirements for siting a new facility based on anticipated factors such as site size,geometry,location/proximity to existing facility and sources of solids,and proximity to critical areas. Natural Systems Design City of Kent I Vactor Solids Disposal Site Expansion Feasibility Study Page 3 The development potential of these sites will be reviewed and evaluated as alternatives to expansion of the existing site,which is a necessary component of site planning under the Clean Water Act as well as the City's Shoreline Management Act. Similar to Task 1,sites identified as meeting the CITY's criteria for development will be analyzed for suitability. This will consist of the review and compilation of data provided by the city,and publicly available background information to understand existing conditions and permitting considerations for any sites identified. Information gathered during this task will be used to inform the Site Feasibility and Alternatives Memo(Task 3). While screening for potentially suitable development sites, NSD will also screen for potentially suitable mitigation sites with the City of Kent based on the acres of mitigation need identified in Task 1. NSD's analysis of mitigation potential will focus on parcel size and apparent ecological condition. Assumptions • NSD will review and consider CiTY owned and privately owned properties as part of this analysis effort. • NSD will investigate the permitting and regulatory compliance implications for the 5 most suitable site alternatives and the 5 most ecologically viable potential mitigation sites identified in this analysis effort. All sites with potential will be listed in the Site Feasibility and Alternatives Memo(Task 3). • Should the initial screening of sites yield a substantially higher or lower number of alternative development or mitigation sites,NSD will review and discuss the results with the CITY and modify the scope of analysis if necessary. • NSD will assist the CITY in developing a set of spatial criteria to be used for the site alternatives analysis. • The CITY will provide NSD with the following: o Appropriately attributed and organized GIS shapefiles and datasets related to the CITY's site analysis criteria. o Any data or reports available for sites identified with development potential • 2 NSD staff will perform a i-day visual reconnaissance of sites identified as having strong development potential. NSD will not enter or disturb privately owned properties. Deliverables: • None included with this task;information and spatial analysis to be included in Task 3 deliverable TASK 3.SITE FEASABILiTY AND ALTERNATIVES MEMO NSD will prepare a summary memo outlining methods,findings,and conclusions summarizing the work completed under Tasks i and 2. Permitting and regulatory compliance considerations related to the 5 most suitable alternative vactor sites evaluated will be included in a comparison of results.Graphics indicating locations and characteristics of parcels considered will be included in the memo. Potential mitigation sites will be described if identified as part of Task 2. Nakurarl System_ s�Design City of Kent I Vactor Solids Disposal Site Expansion Feasibility Study Page 4 Assumptions: • Summary memo of approximately 5 to io pages depending on number of sites that meet criteria • One round of review and consolidated comment on WORD document of memo,finalization and delivery of memo as PDF Deliverables: • Draft Site Feasibility and Alternatives Memo in WORD format • Final Site Feasibility and Alternatives Memo in PDF format TASK 4. PROJECT MANAGEMENT AND COORDINATION This task includes scheduling,budget and schedule management,coordination with the CITY,and quality control services for this work. For activities covered by this scope of work, NSD will work closely with the CITY to meet the goals and objectives of the work assignment. NSD will coordinate its activities with the CITY's project manager to ensure NSD's activities do not duplicate or conflict with another consultant or CITY activities. NSD will attend one in person meeting at the City's request to review results as summarized in Task 3. Assumptions: • Project management will entail approximately 1.5 hours per month for invoicing and budget management,and approximately z hours of coordination with the City by phone or email. • This task includes one in-person meeting totaling 4 hours including preparation and round-trip travel at CITY offices to review and discuss the results of the Site Feasibility and Alternatives Memo. Deliverables: • Monthly invoices • Email and telephone meetings notes(if requested) PROJECT BUDGET AND SCHEDULE This project budget represents our knowledge of the work already completed,best understanding of the requested project elements,and accompanying assumptions. For the scope of services described above, NSD will invoice on a time and materials basis, not to exceed the contract total of$14,896,and may move resources between tasks as necessary and appropriate within the contract amount to accomplish the scope of work and any additional work requested. NSD will coordinate with the CITY on any substantial differences in actual level of effort for the tasks outlined in this scope of work,compared to that anticipated in the cost estimate. NSD will not preform work as outlined in this scope of work without prior written or email notice to proceed (NTP)from the CITY. Natural Systems Design City of Kent I Vactor Solids Disposal Site Expansion Feasibility Study Page 5 This budget estimate is made based on the scope of work outlined above and is broken out per task below in Table 1.Table z presents the staff and level of effort related to each project task. It is our understanding that the necessary funds are available for this project and that these funds are committed to the project upon execution of this agreement. TABLE 1 — PROJECT BUDGET AND SCHEDULE DESCRIPTION ANTICIPATED TASK DURATION*' TASK SUBTOTAL Task 1.Facility Expansion Feasibility Study 3 Weeks $3,149 Task 2.Identification and Evaluation of Facility 4 Weeks $6,388 Expansion Alternatives Task 3.Site Feasibility and Alternatives Memo 4 Weeks tL $14,8 ,78o Task 4.Project Management and Coordination 8 Weeks 579 ROJECT P TOTA96 "Tasks would occur concurrently. Total anticipated timeframe for this scope of work is 8 weeks. Task durations would be updated to reflect any unanticipated delays or changes to this scope of work. TABLE 2 — PROJECT STAFFING r d N g n J� .e E Total Hours Labor Cost Expenses Total Cost Billing Rates $175 $155 $130 $75 Task Task Description 1 Facility Expansion Feasibililty Study 6 10 4 20 $ 3,120 $ 29.00 $ 3,149 2 Identification and E Aluation of Facility Expansion Alt 1 13 32 46 $ 6,350 $ 37 70 $ 6.388 3 Site Feasibility and Altemati%es Memo 3 15 6 2 26 $ 3,780 $ 3,780 4 Project Management and Coordination 4 5 1 10 $ 1,550 $ 29,00 $ 1.579 8ubTotals 14 43 1 42 $ 102 $ 14,800 $ 95.T0 i 14,896 TOTAL $ 14,896 Na, t�urPal Systems Design 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. Ac 1' 1- CERTIFICATE OF LIABILITY INSURANCE DATE(MM100,YYYY) 05/03/20 i 9 THIS CERTIFICATE IFICAI E IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS "TRTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES tLOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED KEPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED,the poticy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION!S WAIVED,aubJact to the terms and conditions of the Policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER c NIA T NRG Insurance NRG Insurance *TAME:: PHONE (206}363-1110 Aix "-- --_ P.O.Box 34628#15043 (A' No xtt: _ {�C N,E. (206)363-2D44 � insurance r: insurancecom ADDRESS: f9' ""— Seattle INSURER(S)AFFORDING COVERAGE NAIC X WA 98124-1628 INSURER A: Ohio Security Insurance Company INSURED 24082 INSURER a: Ohio Casulaty Insurance Co, 24074 Natural Systems Design:Inc -- 1900 N Northlake Way Ste 211 INSURER C: CNA _ INSURER 0_: Seattle INSURER E: "— WA 98103 COVERAGES CERTIFICATE NUMBER: CLI95302900 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED—ABOVE IS ON N FOR E MBER:POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL'HE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR _ TYPE OF INSURANCE _ I wv LI YF _ PO Lr LICYNUMSER MMtD01YYYYZ MM10D/YVYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $-2,000,000 CLAIMS-MADE OCCUR _...___,• _._ r'REMtSES{Eaoccwrer>Ma) S 2,000,000 A Y BZS55573742 05l17/2019 45/77/2020 MEDEXP{A ---person- $ 15,D00 GEN'LAGGREGATE LIMIT APPLIES PER PERSONAL IY AOY INJURY $ POLICY JPECT ❑,OC GENERAL AGGREGATE $ 4,000,000 „'__ OTHER_ PRODUCTS-COMPIOPAGG $ 4,000,000 +AUTOMOBILE LIABILITY _ Additional Liability $ 2,000,000 �� ( ANY AUTO COMBINED SINGLE OMIT Ea ai:r � $ 2,000,000 SCHEDULED BODILY INJURY(Per person) $ Er A AUTOS ONLY AUTO Y BZS55573742 05/17/2019 05/17/2020 BODILY INJURY(Per accident) $ HIRED NON•OWNEO AUTOS ONLY AUTOS ONLY PROeP€ES11, L'E is ---_-- Per X UMBRELLA LIAB OCCUR EXCESS t_IAB USD55573742 EACH OCCURRENCE $ 2,000.000 Ct•—IMADE 05/17/2019 05/17/2020 OEG X RETENTION$ 10.000 AGGREGATE $ 2,000,000 WORKERS COMPENSATION AND EMPLOYERS*LIABILITY P£ ANY PROPRIE tOR/PARTNER/EXEC Y/N STATUTE OH- -_—. OFFICERIMFMUER EXCLUDED? UT" N/A - ER iMandatary in NH} BZS55573742 Stop Gap OS/17/2019 05/17/2020 E.L.EACHACCIDENT $ 2.000,000 ;I yes, antler DESCRIPTIIPTIONN OF OPERATIONS EL DISEASE- 2,000,000 EA EMPLOYEE $_ EL DISEASE-POLICY $ 2,-000,000 C Professional Liability EEH59167501a 05/17/2019 05/17/2020 Pe.Claim $3,000,000 UESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES {ACORD 101,Additional Remarks Schedule,may be ettaehed if more space is requirod) Subrogation applies Annual Aggregate S3,000,000 City of Kent listed as Additional Insured as respects to work preformed b behalf Of the insured Coverage is Primary and Non-Contributory.Waiver of . y or on CERTIFICATE HOLDER FCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE K y of Kent THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 0 Fourth Avenue South AUTHORIZED REPRESENTATIVE --- nt WA 98032 l . ACORD 25(2016l03) The ACORD name and 1090 are registered marks of ACORD 5 ACORD CORPORATION. All rights reserved. `?OLICY NUMBER: BZS55573742 COMMERCIAL GENERAL LIABiLrrY 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 i 220 Fourth Avenue South 1A/A nnn•ln j (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 furnished 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 forthat insured. performed by or on behalf of the addi- B. With respect to the insurance afforded to these bonal 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. r Ct,[0 10 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 0 ry....,.. •�nr-vcn: tSL.J5�7/:i/4L BUSINESBt.]"ERS ' BP i?#20 01 10 _ THIS ENDORSEWEW C"A*GE5 THE POUC'Y. PLEASE RFJW(T CAIWFULLY. WASHINGTON HIRED AUTO AND NON-OWNEE) AUTO LIABILITY lhps endorsemanl nmdif.-qs insurar�w provided under the f030%N_ BUSfNF-,gS0wNERS COVERAGE EOf2b1 SCHEDULE MW Caver�ge Adkiitional PreMiurrt l Ired Auto Liability ton-owefad Auto liability _ ...� awnCnfdr►natiorl required 1.o complete this S&eduie, if not shown above, a4iRl' fie 00,rrt7 in the betierAUrattS_ Rt A. irt5urance is Ppv}ded Crtly [Or those cover t3. For ii�uranCe ages for which a specific prenr um ciharge is only: Provided by t i endarserr►enR shown in the Gedarations or in the schecfula, 1. Hired Auto f..Iabitiity 1• ParsgraPh 8.1, Exciuslons APPiicaWe To Buskless Liability Coverage in Section 11- P8r8graPph AJ. Business Uability in Sec-IJ- Llaitalltty, ocher tt�arrw Exclusions r!. b„ t!„tiiort Liability epptle�s to -bodily knjury" If. and 1. artd the Nrtclear Energy Llebifity or "Rroperty damage, arising out of the Exclusion, are deleted and repta(xd by maintenance or use of a -Hired auto` by the following: YOU or your `employees" in the course of your bustnass_ a The following; eWusion appiies orVy Z Non-owner! Auto Uablity with respect to 'badly i*ry- fj): t atagraph A.I. Businevs t. abitity in Sec- (11 'Em °e of the insured tton 11-Liability applies to "bodliy injury` ` 1106e empk►ymerrt is not sub- Or ,ProPerty dernage' arising out of the jeCt to the industrial Insurance u Act of WasNngkw, (Wasbi I on bU� of anyany 'non awned auto' In your Revised Coda TitGe 51); � srrlesa by any Person. *may iniury. to; (e) An '0rjVioyree" of tite in- cured arising out of and (n tha Course of: IiI Er' ;*Meat by the in, surrad; dt (ii) Perforrrming duUas relal ed 14 the Gvnducj of the Irts'ured's business; or SP 84 20 01.1U � ini�urari«ea Se rvrcas t?!'tic8. Irtc.. 2OU9 Pam 1 tsf 3 d. The owner or lessee (of vehom D. The foiliowxig addlt onaf. definkians apply: ybu are a svblessve) of a "hired 1, "Auto business' means the business or auto" or the owner of a "non. occupation of se Ing, repairiN, seryk,- owned auto' or any agent cx ing, atarinQ or parking "outos', 'employee" of any such owner2, "Hired auto" maar:5 any "auto" you or �; � Eerie, hire, reel or borrow. This does not e. Any pars or ar ar,izatfon ir,r inc M any 'auto" you saaso, hire, reht the conduct of any current or or brxrcw from any of your 'employees', past partnefehip ,x joint venllire your partners or your "emewtive o i- t1lat is not shown as a hlarned In- oers" of members of their households, sumad in the Dwadarations_ 3, "Non-awned auto' means any "auto" Its C. For the purposes of this endorsement only, you do not own, Eeasa, hke, rent or har- ,�...-. f'aracjraph H. ter Insurance in Soction 19 rant which is used in cc e, rents with following: n Pailcy ortdkEons is replaced by the your bu�ess. This inoclu+des "autos" fallowing: awned by yox 'er;Vloyees", your part- This lnsurancs is excess over any primary ,in. nuts or yoty 'executlya otters', or wrance covering the 'hired auto' or ",oon- members of their hauseholds, but onty ovmad auto`, while used In your business, or your per- wnal affffair5. li tom"04 28 01 10 ® Insurance Servkas CKfice, Inc_, 2009 Page 3 of 3 PIr.1Ut;t'ty Ntutual. IN.sv*.Krrt Policyholder Information Mmod Issired A MOWS Address Agent Nallla/ Address&Mwxe No. NATIIkAl- SYS`rt;MS CaESl(3N INC tZ06) 363-1110 19110 ,N Ncmh lake way Ste 7 t 1 NFt� INSURANCE ScaftlC. WA �12I1{J3 PO 8OX 34,628 #154t3 SFATTI.E, Wry 98124.162R De ar Polityll()1der. We klk1w you work lwd to bui]d ytyar We work rogetliv witlt your agertir, N RG tNSLI RAryC E (206) 363-1110 1tf help pc�,tect the t,ll ogs ylaf C.Itv aha»t, T Mak. ytu fcr selecting us. f • Enclosed arc your insurance &cuircnL-S cLxuistin_g r *vow t� C'orrtmcrcial LlmbTcila To Lind your limits of in8,.161nce and pNnlitlrti please ttl-v 10 ),Out�eC:llta-Hurts pogc(s). Please, rctcr to your policy roc spcCitic covemgcs. if You havc any qucsriorts or eh&ngc3 tha nra} afFc�et your it uranco needs. p6rasc CGnlUl your agent at (1061 363,1 l ll3 Verify drat all infctrnlstiorj i:,t wrNet 1f yuu hav)c any ChOngM Ptrasc contact your Agent at (206) 363-t 1 ll} �11i�pfj11f5 In rase of u Clttitrt, call yocurr agent or l-8(X)-36 J)()L1) You Need To Know + tu`ONTiNUF.T) ON NEXT PAGE r x C-41M, tall your r#adfq cv r-&)0-382-OMO 4 717 20 91 (iR You Need To Know - continued . NOTICE(S) TO POIACYROLDER(S) The Important Noticc(s) to Policyholder(s) provide a general explanation of changes in coverage to your policy. The Important Noticc(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 protcetion. 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 ImDortant Notice to Policyholders Amendment of Aircraft Exclusion This policy will be direct billed. You may choose to combine any number of policies on one bill with your billing account. Please contact your agent for more information. 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 (2o6) 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 ACT The Terrorism Risk Insurance Act, including all amendments ("TRIA" or the "Act"), establishes a program to spread the risk of catastrophic losses from certain acts of terrorism between insurers and the federal government. If an individual insurer's losses from certified acts of terrorism exceed a specified deductible amount, the government will reimburse the insurer for a percentage of losses (the "Federal Share") paid in excess of the deductible, but only if aggregate industry losses from such acts exceed the "Program Trig- ger". An insurer that has met its insurer deductible is not liable for any portion of losses in excess of$100 billion per year. Similarly,the federal government is not liable for any losses covered by the Act that exceed this amount. If aggregate insured losses exceed $100 billion, losses up to that amount may be pro-rated, as determined by the Secretary of the Treasury. The Federal Share and Program Trigger by calendar year are: Calendar Year Federal Share Program Trigger 2015 85% $100,000,000 2016 84% $120,000,000 2017 83% $140,000,000 2018 82% $160,000,000 2019 81% $180,000,000 2020 80% $200,000,000 MANDATORY OFFER OF COVERAGE FOR "CERTIFIED ACTS OF TERRORISM" AND DISCLOSURE OF PRE- MIUM TRIA requires insurers to make coverage available for any loss that occurs within the United States (or outside of the U.S. in the case of U.S. missions and certain air carriers and vessels), results from a "certified act of terrorism" AND that is otherwise covered under your policy. A "certified act of terrorism" means: [A]ny act that is certified by the Secretary (of the Treasury), in consultation with the Secretary of Homeland Security, and the Attorney General of the United States. (i) to be an act of terrorism; NP 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 (I) human life; (II) property; or (III) infrastructure; (iii) to have resulted in damage within the United States,or outside of the United States in the case of (1) an air carrier (as defined in section 40102 of title 49, United States Code) or United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States); or (11) the premises of a United States mission; and (iv) to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. REJECTING TERRORISM INSURANCE COVERAGE. - WHAT YOU MUST DO We have included in your policy coverage for losses resulting from "certified acts of terrorism" as defined above. THE PREMIUM CHARGE FOR THIS COVERAGE APPEARS ON THE DECLARATIONS PAGE OF THE POLICY AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS COVERED BY THE FEDERAL GOV- ERNMENT UNDER THE ACT. If we are providing you with a quote, the premium charge will also appear on your quote as a separate line item charge. IF YOU CHOOSE TO REJECT THIS COVERAGE, PLEASE CHECK THE BOX BELOW, SIGN THE ACKNOWL- EDGEMENT, AND RETURN THIS FORM TO THE ADDRESS BELOW: Please ensure any rejection is received within (30l days of the effective elate of votir 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.O. Box 66400 London, KY 40742-6400 The summary of the Act and the coverage under your policy contained in this notice is necessarily general in nature. Your policy contains specific terms, definitions, exclusions and conditions. In case of any conflict, your policy language will control the resolution of all coverages questions. Please read your policy carefully. If you have any questions regarding this notice, please contact your agent. NP 73 12 01 15 ® 2015 Liberty Mutual Insurance Page 2 of 2 NP 75 85 05 09 IMPORTANT NOTICE TO POLICYHOLDER RECORDING AND DISTRiBUTiON OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION This Notice, axplains changes irr your Commercial Umbralia or Excess Liabiiity Coverage. It contains a brief summary of signifEcant revisions and must be reviewed in confunctiofl with polies to refarwro the sndorsamants described herein. your previous and renewal This Notice does not form a part of your irnsurarnca contract. NOcxjyerarga Is provided try this hrf+attcse, nor can it G�?nsiruecl to replace any provisions of Your policy (inoicring its endorsementsy tf there is any cons irA between this Notice and the pmr�y (Inclualing its "ck)rsenWts), the provfsi''arks of the policy (inclucan its endorsements) shall prevail. d Carefully road your policy, including the eMorsarnenis attached to your portcy- Your policy is being fenew9d with ona of the followIg, • The Exclusion - Recording And Dkstdbution Of Material or Information In Violation Of Law endorse. rrient CU 64 72 05 09 which modi$ds tba Cemrroarcial Umbrella Ccrrerage rorm; or i a The Alaska Exclusion - Recording And Dtsirlbullon Of kriaiedat Or intormatbn in Vlo* ion of Law ar�dThe E e Exclusion CU 88 08 05 09 which modifi" the Commercial Umbrella Coverage Farm: or The Exclusion - Recording And Distribution Of Materiat Or information In Vloratlon Of Law endorsee- fmnt CE 68 54 05 09 which modifies the Excess Liability Coverage Farm; or a Alaska Exclusion - Recordinbg And Distribution (X Material Or Information In Violation Df Law endorse- nant CE88 09 05 09 which modifies the Excess Liability coverage Farm. the endrxsen*nt replaces the current "Exclus►on - Electronic Distribution of Unsolicited Material' endorse- ynt with a reuisPd excivsion, newty titled "Exclusion - ReOpr4inq And Distribution Of Material of 111formadovi lri Violation Of Lain" endorsement. The revised excfuslon contains language that elaborates on the intent of the DivIn-tuticrn Of Materiel In Vrgtatign Of Statutes Exclusion tp reRect that, in addition to the TCPA and CAN-SPAM Act of 2003, the exclusion will more expiidtly exclude ftablpty coverage for b iry injury, prpperty dannage or Persona) and achV� ising injury arising 00 of any action or ornission that violates, of Is altegsd to violate, the Fair Credit Reporting Act (FCRA), and any amendment of or addition to $u[h low, including the Fair arrd Aocurate Credit Transactirina Act (FACTA) and any other similar federal, state or 4ocal statute, ordinance or regulation rancerning disposal and cissemination of personal infomxa- tion_ NP 75 65 05 09 Includes c4DRrlyh�bm t atertelof Insurance er c ces Q e,Inc.,wfth Asp rmisalon. P a� 1 aF t 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 if you have any questions. Premium Notice: We will mail you a policy Premium Notice separately. The Premium Notice will provide you with specs 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. a 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 wiil not apply, however, if you pay the entire balance due when you receive the bill for the first installment. Because the amount of the installment charge varies from state to state, please consult your Premium Notice for the actual fee that applies. Dishonored Payment Fee: Your financial institution may refuse to honor the premium payment withdrawal request you submit to us due to insufficient funds in your account or for some other reason. if that is the case, and your premium payment withdrawal request is returned to us dishonored, a payment return fee will apply. Because the amount of the return fee varies from state to state, please consult your Premium Notice for the actual fee that applies. Late Payment Fee: If we do not receive the minimum amount due on or before the date or time the payment is due, as indicated on your Premium Notice, you will receive a policy cancellation notice effective at a future date that will also reflect a late payment fee charge. Issuance of the cancellation notice due to non-payment of a scheduled installment(s) may result in the billing and collection of all or part of any outstanding premiums due for the policy period. Late Payment Fees vary from state to state and are not applicable in some states. Special Note: Please note that some states do not permit the charging of certain fees. Therefore, if your state does not allow the charging of an Installment Payment Plan, Dishonored Payment or Late Payment Fee,the disallowed fee will not be charged and will not be included on your Premium Notice. EFT-Automatic Withdrawals Payment Option: When you select this option, you will not be sent Premium Notices and, in most cases, will not be charged installment fees. For more information on our EFT-Auto- matic Withdrawals payment option, refer to the attached policyholder plan notice and enrollment sheet. Once again, please contact your agent if you have any questions about the above billing practice informa- tion. Thank you for selecting us to service your Insurance needs. NP 89 71 09 10 0 2010 Liberty Mutual insurance Company.All rights reserved. Page 1 of 1 NP 93 58 07 14 IMPORTANT NOTICE TO POLICYHOLDERS COMMERCIAL UMBRELLA MUL'nSTATE FORMS REVISIONS bear Valued Policyholder, Thank you for seleong us as your carrier for your commercial umbrelia insurarw e, This notice contains a brief summary of tote coverage changes nudo to yGur policy. these changes primarily result from recisions in underlying policy fornis. The changes 4uained below are organized into three general categories—Professional services Exclusions: Auto, Aacraft and Watercraft Exclusrores; and Other Changes. Please note that not all of the endorsements noted May apply to your specific policy. In addition, this rice does not reference every editorial change made to the endorsement or coverage form, only material (or sigrairieant) eo�srage changes, Please react your policy and reviekv yoI.rr DOdaratlons page for crtn7pi 3s coven Information is prxr-ided by this notice, nor can it be consfrueed to replape an 9e N4 the coverage discmpancies between your poticy and than notice, the provlslons of the `si4ns of ypur policy, If there are ptrifcy shah prevail. Should you have questons arter fW41yIng the changes outlined below, please contact your rldependent agent. Thank you for your business. �F a1M[ SUMMARY OF POLICY CIIiANGAES PROFESSIONAL SERVICES EXCLUSIONS tha "Icrr► N endorsements arB revised is exprassly address, in part, daims aliegir,,g negligence or other wrongdoing in the hiring, employment, training, supervision or monilohng of others by any insured: • CU 60 n 07 14 Professional Liability -Following Form • GU 60 60 07 14 Telecommunication Equipment Or $mice Providers J�rrprs And OmissJorns Exclu. aion * CU 60 66 07 14 Medical Prafessiorwl Services Exclusion CU 60 0 07 14 Medical PeOf•aslonal Services -Fallowing Form • CU 60 77 07 14 Texas -Insurance Company As Named Insured M CU 6Q 8107 14 Specifiad Prof•asional Liability Exclusion • CU 60 83 07 14 Louisiana -Schoois Or Colleges Lirnittrtivn • CU 61 15 07 14 Engituars, Architects Or Surveyors ProMaslanal Liability Exclusion • GU 61 IS 0714 Exclvslon Of Durance Agents' and Brokers' Errors And Orrifsslons i CU 61 19 07 14 Insurance Company As Named lrlsured Urnhation • CU 6135 0714 Protessloc ml Liability Exclusion CU 61; 37 07 14 Real Estate Agents And Brokers Errors And Omissioms Exclusion And Limhatlon • CU 6139 0714 Schools Or Colleges Llrolt Von (Athletics Excluslon) • CU 63 1S 07 14 Professional Liability -Law Enforcement Exclusion • CU 63 16 07 14 Professional UablItty - Emergency Medical Technicians, Arnbulance Ortvers Arid Atk�rndaMs Exclusion • GU 631a 07 14 Schools Or Colleges Limlt,atiort (Athletics -Follow Forma ! CU 83 910114 Illinois -Insurance Company As Named insured • CU 64 67 Q7 14 Exclt,slor, - Internet Servfce Providers And Internet Access Providers Errors And Omissions • CU 6-4 70 47 14 Professional Liability ExpiuWcn - Electronic UaO Pr ace ng Services And Cc m- p�trisr GortsuREng Or Programrning Services CU 64 71 0714 Professional Liability Exclusion-Wet;-+F1e Designero NP 03 58 07 14 rndudes capyrighbW 1ma r yM n r*nt+r S*Mlt*$o fix, M h a*permission, Page 1 of 11 e CU 88 04 07 14 Professional Services Exclusion s CU 88 05 07 14 Professional Services -Following Form e CU 89 13 07 14 Specified Health 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: e CU 60 45 01 13 Watercraft Liability -Following Form CU 6101 01 13 Aircraft Liability Exclusion CU 6105 07 14 Auto Dealers And Auto Services Limitation e CU 61 06 0113 Auto Liability -Following Form s CU 61 07 01 13 Automobile Liability Exclusion CU 6147 01 13 Watercraft Liability exclusion e CU 63 91 01 13 Aircraft Liability -Following Form 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. a If your renewal policy contains endorsement CU 60 54 07 98 Exclusion - All Hazards In Connection With Designated Premises and your prior policy contained endorsement CU 60 54 06 97 Exclusion Of Coverage For Specified Locations then the following changes apply to your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The endorsement is: 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 w 2014 Liberty Mutual Insurance.All rights reserved. NP 93 58 07 14 Includes copyrighted material of Insurance Services Office,Inc.,with fts permission. Page 2 of 11 ' • Goads or prcrcluCts rnanufactured at or tlistritxjted frtm thtrse prermses. Editorial c ha�nges are also made throughout to improve readability arrd achieve cc�rrsisteney among fgrm r9_ +� if your r�,-.rrewaf po Cy a+antain:3 e�na4gr,'?ement CU 60 64 07 14 Contractory Umitatlon En0omement - Wtap-Ups arkl your P6LY pOh�cy carrtainea' CU 60 64 06 97 Contractors Umit2tl6on Endorsement Wrap-Ups risen the fWwiN ctr"es apply to yaw pa6cy- CLARIFYING, EDSTORIAL AND PROCEDURAL CHANGES The endorswnent is revised as rvlloms • New defined terms, `explosion hazard "collapse hazard'; and 'urnderground pro arty darnaga riaraid-, ara added to achieve consistency with urtdgr[ tairguage. ying extlusidnary a The Professional WrVices exglu3i0n is revised to: +� I✓xctud liabllity arieing out of the rendering of professional services with respect to prpviditrog engineering, archi#echrral Qr�rrrveying Wr .a t{l others r;n your capacity as an engineer, arch"Ct or surveyor; or providing englneer- Mau= ing, archilecWral or suuvey'inc� services in rwrkerAion h C9n�tru liCrx w�rrk you perform. OW • Expressly address claims alleging negligence or vther wrongdo019 in the hir- ing, sn+ptayrr�ent, hrajning, SupervisiCrn or monitoring of dthArs by any in- 3Ured, s Arid an exception for Uon5tr4rctm means, methods, tachniques, sequences and praaedurers employed by the reamed Insured In connection with your operations, "a ow%ruction Contractor, r_tiite5riat ehaitgas are also mada throughout to improve readability aril achieva consistency among forms. * if yor.tr renewal policy contains endorsement GU 60 77 07 14 Texas - Insurance Company Ay Named Insured arrd your P(k f' palksy ccr>laiivd Cif 60 77 06 97 Texas - Insurance Company As Named Ensured then ft fQik)wrn_q charnge.g appry to your p hqy; CLARIFYING, EVITORW AND PROCI-OURAL CHANGES In addition to this changa descdtad in the I r&rjssional Sarvicas Exclusion section of this n(fte, the endorsement Is revised as follows; • The claims handling exduskn cs amended ttt 5pecihcaily reference treaties of fn5Ur- an0s and self-insurance. It Is also reylsed to expressly app;ry t© the inves#IgaVan at any claims. - • The professlonal services exclu$Itx1 is ref-rlsed to expressly address, Inspection or necking recommeadeiU ms as an inscrance or reinsurance corn- Papy, consultant, agant, Mt9n1wdiary or troker_ Winlaining accounts or lac arils of others. • Garxfucling irrrestrmni,, loan, Or real estate departments or operations. • Acting in any capacity as a tidueiary or ttilStoo fray Annuities, endowments or employee benefits plans. • Performing any claim, invea{igatr►re, adjustment, engineering, inspection, corlsui`Und, suryey, audit, appraisaf, actuarial or data procasslrtg service far a fee. AIF 93 SS 07 14 err g 20.14 Liberty hfutuat InTA ante.Art rights res�er*ed. CtUde#copytighied matrrtat 4f InSurVMMserttts afrrpe,Inc„with Aspermiftan, Pa1Qe 3 of 11 s If your renewal policy contains endorsement CU 61 05 07 14 Auto Dealers And Auto Services Limita- tion and your prior policy contained CU 61 05 05 09 Auto Dealers And Auto Services Limitation then the following change applies to your policy: CLARIFYING, EDFTORIAL 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. s 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 r 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, ♦ +hat the arrwzinn annlips to anv liability arising out of the entrustment to others of any auto. The defined term 'auto" is revised to mean auto as it is defined in the scheduled underlying insurance. • If your renewal policy contains endorsement CU 61 19 07 14 Insurance Company As Named Insured Limitation and your prior policy contained CU 61 19 06 97 Insurance Company As Named Insured then the following changes apply to your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES in addition to the change described in the Professional Services Exclusion section of this notice, the endorsement is revised as follows: • The claims handling exclusion is amended to specxficaliy 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. t 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 scheduied underlying insurance for such liability and for no broader coverage than is provided by that policy. 12 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 Th$ endorsement r3 revised to reinro" that the exclusion applies even if claims against an insured a►lge negfigence Qr ether wrongdoirng in the supervision, hiring, employment, training ar r1knit0fing of others, or providing or failing to provide trarrsportatlon with respect to any perun that may be under the influence of alcohol. �f yvuf renewal PoWCJV uontain:s endorsement CU 61 26 07 14 Lktuoc Liability . Folk?wng Form and)Wr moor paGcy contained Olt 61 26 06 97 Liquor Liability - FoilowliN Farm ftrt Ctrs foflory rtg charhgas apply IQ your pr0icyr �s CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The endorsement is revised to reinforce. that the exclusion applies even If claims against an now insures allege negligence or other wnx,n!9($oing in the supervision, hirirxj, employment, training ar frioriltaring of oihrers, or providing of failing: to provide transportatjon with respect to any person that may be under `hp influence of alcohol_ lkditvriat changes are also made throurghiaut t4 improve reada among forms_ 4itity and hie+re ogrrsistency • i.�y>Jur rer?ewat pr�aey coat r`ns endarsFm',WV CU 61 46 07 14 Fallum To Supply Excluslon ood yoatur prior PG§7' Ccnt8ined CU I31 4e 06 97 Failure To Supply Exclusion th9rt tft6 fi ZowbV Cho apply ra your X ky, rVes BROAMING OF COVERAGE An excepbon is added to the exdUsion for fairrure to suppty that results frum the sudden and accldsntai Injury to tangible property owners or ucsed by any insured to procure, produce, process or transmit the gas, oil, water, eiectricxty, Stearn or *Alel, but only to the pent there Is scheduled undarlying insurance for such iaAure to suppty and for no broader coverage than is p"Ovided �y that policy. CLARIFYING, EDTORUIL AND PROCEDURAL CHANGES The endorsement is revised to expressly state that the exclusion also applies to the failure of any insured to adequately supply bloFuel_ E*Wriel changes are made throughout to improve readability and achieve consistency amoN forms_ • it yoctr reftwalpOflcy contains endorsement CU,61 50 07 14 Cordractors Lknitedon Endorsrment srr.d your prior po cy cxxitainerd CU 61 50 11 06 Contractors Limitation Endomement then the rollowrnq chaagas apply 10 your Poky; CLARIFYING, EDITORIAL AND PROCC-BVRAt,CHANGES The endorsement is revised as Falk ws: • New dafmod terms, 'explosion hazard":, "collapse hazard'; and 'underground prop- Oq Carnage hazard", are added to achieve cgnsiQtenQy with lAnderlying exclusionary language. • The wrap-UO eXdUSim is revised to: 0 Sptiecifirafy reference oonsplideted in.RU grtCe programs; arul s Reinforce that the exclusion applies whether of not the consolidated (arrap- up) in5ufanca program Pr'Ovides identiCat coverage, has adequate limits or reamyns in effecl. NP 93 58 OT 14 includes Cppyri h*d 1MAtrriatlof in�nM serv;cea C toe 04-with as permission. Rage 5 of 11 The professional services exclusion is revised to: • Exclude liability arising out of the rendering of professional services with respect to providing enginooring, 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 wtth 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. a If your renewal policy contains endorsement CU 61 55 07 14 Municipalities Limitation Endorsement and your prior policy contained CU 61 55 04 99 Municipalities Endorsement or CU 61 49 12 99 Virginia Municipalities Limitation Endorsement then the following changes apply to your policy.- BROADENING OF COVERAGE An exception is added to the exclusion for failure to supply that results from the sudden and accidental injury to tangible property owned or used by any insured to procure, produce, process or transmit the gas, oil, water, electricity, steam or biofuel, but only to the extent there is scheduled underlying insurance for such failure to supply and for no broader coverage than is provided by that policy. CLARIFYING, EDFTORIAL 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. s 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.Segv .GOc,Inc.,with its permission. Page 6 of 11 The prdfossiortal services exciue5ion is reViSad to expressly address: Irtsaectlon or making raemmendatians as an insurance or reinsurance cone. Party, cortsWtant, agent, intermediary or broker, • Maintaining accounts or (@Morels of others_ ♦ Conducting investrnerit, ioan, OF real estate departm", is or operatioms, • Acting in arty capacity as a ftduciar� or trv5tee fX annuities, endowments or employee benefits p'1tar18. • Performing any claim, inve*t ative, adjostm nt, engineering, inspection, Wnsuing, suryayr, audit, appraisal, acwarial or data processing senjv ce frx a _ tee, - • �f your renewal p061,y GQW'Gi0g erukarsemen� CU 64 82 07 14 Amendment - FlectrRnic Data and your _ pr& PC CY contained CU " 82 11 44 Amondmant -Electronic Data thert rho fokcwing charters apply to y9ur Poky: CLARIFYING, EGNT©RIAL AND PROCEDURAL CHANGES An, electronic data excluslart Is added to further reinforce that co erarge Is not intended for lass of elealronic data. An excap*w tp this exclusion is included for damages because of bodily Injury, trui only to the extent that i"Surartee Is pirovideri for such damages by schedulea underlying insurance anq for no broader tover�ge than is provided by each policy Eci tpriai changes are also made IhrpUghVVt IQ improve readability ,and achieve consistency among forms. +� if yr"r renewal POficy eOWBins end rrrent CU 64 92 01 13 Mobile Equipment -Following Form {arid yoor prkTr poltcy c000,4ted CU 64 42 01 47 Mobile Equipment - Following Form tt7ar) fhe toll wing phang$a apply IQ your podtcy- CLARIFYING, MTORIAL AND PROCEDURAL CHANGES in addition to the Change described in the Auto. Aircraft and Watercraft sactaon of this notice, toe endorsemeft iis revised to. * Expres* state that the ewlusirrn applies to any liability arising all 4f the entrustment to others of any mobile equipment, • Amend the definition of mobile equipment to mean mobile equipment as d defined in the underlying insurwc8_ + ff yOur rerr wal podlcy contarns err=wmr?t CU U 23 07 14 Ameadmant Of liquor liabllity Excluson - Exceptian FQr Scheduled Premises Or Activltfea and ypur pr+ar ,per canfalned CU R 23 05 gg Amandm•nt Of Liquor Liability Exclusion #?er?the fo.Nowrr�g changes apply ro Y©vr'poky. CCVVERAGE REDUCTION The endorsement is revised to indicate that the liquor liabilitir exclusion wiM apply it a named insured peririits arty parson to bring any alcoholic beYeragas on the named insurod's premises, !`or cOnsurnplion On the named irtsured's premises. Hoarever, an exception to the exclusion is added *M respect to allowing a person to tiring alcoholic bavarages on the prernises. r3e- scrribed in the Schedule of the endor-w,rr►ent, for consumption on the premises, but only to the extent ,bona is scheduled underlying ifturarv* for such habit ly and for rro bnmdor coverage than is provided by that policy. CLARIFYING, F..DITORIAL AND RRQCtlDURAL CHANGES The endorsement is revised IQ reinforce that the exclusion appli�s even if cfafrng against an insufad allege 4`1e911196noe or other wrongdoing in thEr superwislan; hiring, employmsnlL training or rrgrtiloring 4�1 vlhe►s, Qr providing tx failing to provide Irarrsperlation with respect iQ any person that may be under the influence of alcohol_ 0 2014 Liberty hfutuao lnsurance,M 09h9s reserood.NP 93 N 07 14 IndUdes Cttpyrightd maWot or Insurances Serves QR4e,rnc„4Ah as permipsion, Page 7 of 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 Liability Exclusion - Following Form and your prior policy contained CU 88 24 05 09 Amendment Of Liquor Liabiltty - 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 tf 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 orior policy contained CU 88 30 05 09 Amendatory Endorsement then the following changes apply to your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES For consistency with the definition of personal and advertising injury, the personal and ad- vertising injury exclusions that apply to: 4r 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 Definttlon Of Insured then the following changes apply to your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The endorsement is revised to: * Expressly state that coverage provided to the additional insured applies only to the extent permissible by law. a Reinforce that the applicable limits of insurance shown in the Declarations are not increased by this endorsement. Editorial changes are also made to improve readability and achieve consistency among forms. o 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. (19 2014 Liberty Mutual Insurance.All rights reserved. NP 93 58 07 14 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 8 of 111 • The professional .services exchssiw is revised to expressly address: • Inspection or making recommendations as an insurance or reinsurance can- Pany, ccxisultant, agent, in.terMediary or brgker. * Maintaining ac00unt8 Of Words of others_ r Conducting investment, ban, or real estate departments or operations. • ActiN in anY WPacity as a fiduciary or trustee for annui*3, endQ%vmeFltS or employee benefrts piaris. e Performing any claim, irrve:3tr90tiW, adjustmen(, engineering, inspection, consufttrng, survey, audit, appraisal, acctuuarfal or data processing seNioe fof a fee. 5 # ff your renewal pricy ecx'fai"s endvrseme,nt CU 64 82 07 14 AmQndrnent - Electranlc Data and your ill,, pnf Poky contain CLi 84 S2 11 04 Amendment -Ekc-tronic Data thtisrr the(ojo�,iV chang�r4s appa y to CLARIFYiNG; MTORIAL AND PROCEDURAL CHANGES An electronic data exclusion Is added to further relnforra that ccye rag® Is not intended for loss Of etectronio date. An exception to this exclusion is included for damages because of t-adify injury, but only to the ext"t that insurarnce Is provided for such damages by scheduled � underlying fnsurance and for no arcader wyerage thin is prgvided i y such policy Edkriat changes ;are also made throughout to rtnPFC" readability aril achieve con5is.4ency among forms. 0 if ycwr renewal poicy cpntaing e-F?d Wrrrerrt CU 64 92 01 13 Mobtfe Equipment - Following Form and yrwr prror policy r,04fa.Vled CU ts4 42 U1 07 htoblis Equipment - Following Form than the `olkwi4g changes apply to ypur pcwicy- CLARIFYING, ED(TiDRIAL AND PROCEDURAL CHANGES lri additlorn to the chartga dascribad in tho Auto, Aircraft arld Watercraft secWri of thi, norica., the endorsement is revised to: tk Exprsasiy state that the exclusim apPliss to airy liability arising QVI Qf the entru8tment to ears of any mobile equipment, Amend the definition of mobife equipment to mead mobile equipnw-nt as 4 definers in the underlying insuriWca. if yWr rnrre"Pacy cantarns errdex gr"01 CU U 23 0r 14 Armendnwat Of LFquor Liabliity Exclusion - F.Jtcepdian For Scheduled Promises Or acdultfes and your prier poftcy eonfained CU 84 23 05 09 Anundmenrt Of Liquor Liability Exclusion lhva the fo#ow rag charnles apply 10 your policy: COVERAGE REDUCTION The endorsement is revised to indicate (hat the &quor liability exclusion wil app#oy it a named insured per>'•rtits ally parson to bring any alcoholic bever-agas on tha named ingurm-s pr�rtii52s, fpr consumption on the named irtsured`s premises. However, an exception to the exclusion is added with Mpact to aitawiing a porun to being alcoholic 6averages an the pre►riisas de- scribed In the Schedule of the endor'mawt, for carnsumptiorn on the premises, but only to the "tent ttQra is sohadulad underiyirtg inscrarlw for such tiab ty and Far no broader cave raga than is provided by that poAcy. CLARIFYING. C"TORIAL AND PROCEDURAL CHANGES The endvrsement is revised tp reinforve that the exclusion applies even if rlarms against an Insured allege rnegilget� or other wrongdoing in th1e supervislan, hirltn$, employmen( training Or rrxmiW09 Of Others, or proviiding or failin to prrrAde (rarrspQrtatkx with respect to array WSW that may be under the Influence of atoohW. NP 93 58 07 14 inaUdes CtpyrighW 1 a40410 Inwranoe Urricea p et nc,.wale ils permission. Pa e T of 11 9 The endorsement is also re-titled to read "Amendment Of Liquor Liability Exclusion -ExcePdor, For Scheduled Premises Or Activities". a 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 Liabllity - Following Form then the following changes apply to your policy. COVERAGE REDUCTION The endorsement is revised to indicate that the liquor liability exclusion will apply if a named insured permits any person to bring any alcoholic beverages on the named insured's premises, for consumption on the named insured's premises. CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The endorsement is revised to reinforce that the exclusion applies even If claims against an insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others, or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. * If your renewal policy contains endorsement CU 88 30 07 14 General Amendatory Endorsement and your prior policy contained CU 88 30 05 09 Amendatory Endorsement then the following changes apply ,n vnur nnlinv 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 e Material published prior to the policy period are revised to reference "in any manner", with respect to oral or wrttten 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 Deflnition Of Insured and your prior policy contained CU 88 39 02 10 Amendment Of Deflnttion Of Insured then the following changes apply to your policy: CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The endorsement is revised to: e 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. s /f your renewal policy contains endorsement CU 89 08 01 13 Assumed Products Liability Exclusion and your prior policy did not contain a similar exclusion ttren the following change applies to your policy: COVERAGE REDUCTION The definition of insured contract is amended to exclude that part of any contract or agreement that indemnifies any person or organization for bodily injury or property damage arising out of good or products sold, handled, distributed or disposed of by the insured. �► 2014 Liberty Mutual Insurance.All rights reserved. NP 93 58 07 14 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page a of 11 ,• if your re+newai policy co eakas endorserrrerrl CU 82 11 01 13 Produc#sXompfeted Operatiorm Hazard Red0ned and your poor porky did not evrrrrVit a sim�tar ew�do(.sFment then tfre(0NowJr+g change&oW ea to J policy: SROAOENWG OF COVERAGE The produas-oompieted Wwal)ws hazard Is amended to include both y Injury and property Jamge if the bodily injury or property dtarnage QQWrs after you have relioquished possess of those products, to the extent that this amrsclad definition applies In a policy listed In the Schedule of Underlying Insurance, ,tee ! if YOW rene►uaar policy contains endoraement CU 89 12 01 13 Mezie.an Auto Coverage Exclusion and ! your pnw porky did "conTa+rr a sffWerr Fxclusibrr ttren the fr lb4MV chsng�e aippAes to your poA'cy., COVERAGEE REDUCTION An exclusion is added to yow polcy for any liability arising Qu# of the ownership, maintenance operations, USO, Loading or unloading of any auto In Mexico. +� Of your renewal policy oontains endorsenjent CU 8a 13 07 14 SpecVikd Healthy or Cosmetic Servlcens - Following Form sad your p4br Pesky did nisi contain a sftWar e.rcfuslon the» the fo;lDwng charxle Mow apoes to yiaur P.O#cy: No COVERAGE REDUCTION ±fin, exclusion is added to igy 9 Y illy yrour poi- €or- the rrrnderin of an serAce, treatrnenk, advice or Instruction for the purpose of appearance or skin enhancemenl, hair rerncrval or reptacement or personal grooming or therapy except to the extent that insurance is provided by a palicy Ii!Aed In the Schedule of Underlying Insurance, Jf your renewal po*y contahgs endrxserrterrt CU E9 15 OF 12 Amendment of Canceltatlon Provisions - Scheduled Person or Organbw ion and your priar pesky died rat ceuata+n a simdar aeldarsernerd then the tfiWb14''02 changes apply to?VW poA'cy: BROADENING OF COVERAGE This C:ancellatiw Conditions are amended to provide prior written notice of cancellation to persons or organizadons that are shown In the Schedule of the endorsement for reasons other than nonpayment of Premium, Ctur Qbbgation to send nQtice terminates at the eariier of the current policy Period or when the named insured no longer has a legal or contractual obligation to such person or organization to maintain insurance coverage under a policy vfiich rewires that such person or organization be nolilled In the event of cancellawn. w tr`your reftwof pacy cOntaMs vs?Obrsen-eaf CU 89 17 0714 Exclusion Diagnostic Testing Laboratories and your pni:w PeA cy chid not contain a swmyar exrju-'hen ff' n the f0ftiviog cflarrges apply to Your Policy: COVERAGE REDUCTION An exdusion is added to your pocky for bodily Injury, property damage, personal injury, ad- vertising injury, or personal and a&ertising injury arising out Qf_ ! ModiiCal or disgntlstir testing, ta&ni Cues or ptocadumg used for tlie: • Datecdon, ding►iosi3 or treatment of any sickness, disease, condition or injury: or • Evaluat<on of to pa*nf!5 response IQ treatment or medicatiQn; or ! TM r'aportinp of or reliancA door► the results of such modlicat or diagnostic tosf;ng, tl�cft- niques or procedures as described above, 1 NI' 93 58 07 14 Includes oop�yrighteC ma do'l r suranoe Se &� W1 ex Q0e Ve;0 permis4iom' Page 9 of 11 • ff your renewal policy contains endorsement CU 89 18 07 14 Exclusion -TWdIng Or Consulting Errors+ And Omissions and your prior policy contained CU 89 18 01 13 Exclusion Diagnostic Testing Labora- tories then the following change applies to your policy: CLARIFYING, EDITORIAL. AND PROCEDURAL CHANGES In addition to the change described in the Professional Services Exclusion section of this notice, the endorsement is re-t}tfed 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 fdlowing 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- sultatlon or advice given, by or on behalf of any insured. • The reporting of or reliance upon any such test, evaluation, consultation, or advice, or • An error, omission, defect, or deficiency in experimental data or the Insured's inter- pretation of that data. 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. a To bodily injury or property damage arising out of the entrustment to others of any watercraft if such watercraft is owned by, or chartered without a crew by or on behalf of, any insured. • if your renewal policy contains endorsement CU 89 20 05 09 Waiver Of Transfer Of Rights Of Recovery Against Others To Us - Designated Person or Organization and your prior policy did not contain a similar exclusion then the following changes apply to your policy. BROADENING OF COVERAGE The Transfer Of Rights Of Recovery Against Others To Us condition in your Commercial Um- brella Coverage Form is revised so that we waive any right of recovery we may have against the entity shown in the Schedule of the endorsement because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products-completed operations hazard. • If your renewal policy contains endorsement CU 89 21 01 13 Amendment of Aircraft Exclusion and your prior policy did not contain a similar exclusion then the following changes apply to your policy. CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES The aircraft exclusion in your Commercial Umbrella Coverage Form is revised to expressly state that it applies: • Even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by any insured. • To bodily injury or property damage arising out of the entrustment to others of any aircraft if such aircraft is owned by, or hired without pilot or crew by or on behalf of, any insured. ® 2014 Liberty Mutual Insurance.All rights reserved. NP 93 58 07 14 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 10 of 11 • tt}roar renewal try COrrlairt-s ar?dam,RI er,1 CU 89 22 41 13 Exclusion - DWgrnated Products and yqur Pia p4li�y drd nor aor7lain a simifar exefu,5icft ttren fhe fcXo►virrg change appt,-_s to your policy. COVERAGE REOt1CTlOM An gxdusicn i5 added to your icy precluding coverage for bodily injury or property carnage included itt the products- c ornpletr_�d operations hazard and arising Out of any of your products Shown in the Scitodule of Uva anddrsamanL rf ymir rer wal pori'cy contains srrdam*n ent CU 89 23 01 13 Exclusion -Des4gnat4d Wom and ytaue pt'JCrr poftc7' (W not Contain a sirrrt.[ar- exoosron Men rho k4owing changes apply to y0or Pa&7Y COVERAGE FteDVCTION An exdusian is added t4 your --.�.... Y'o polity that precludes Coverage for t3ar3iiy injury or pfopeti`y+ damage InclWed in the products-conHpleted ope rations hazard ar►d arising out of your work shown in the schedule of the andorsament- • If yaW x*ngivai pot+cy confafns ena'a wmw Ct-t 99 z4 0114 General Amandatary Endorssnwnt (Trade Or is LlmitaEivn) and 1"o r A Pq }' ni`*'ned CU 89 24 01 13 Amendatory Endarssment (Trode. Dross Llmltaticat) rlhen Ilea 10#0-wMg chW)pg apply to your potrcy., MUM CLAPJEYING, EDITORIAL AND PROCEDURAL CHANGES .am For consisfency with the definition of personal and advertising injury, the personal and ad- Wvertising injury exclusions that apply io= a Material published with knowledge of falsity; and 0 Malarial putXisi-wd prigr to the policy period are r8Miseii to rerfgrenoe -in arty mamnor`, with rE 5"ci to oral rN written publication. T'he endorsement is re-tlged to read "General Amendatory Endorsemenl (Trade 0Y8w Llmita- �14n��. 2014 Liberty Mutual Insarance-All nghts reser"d. NP 93 58 07 14 lnpudGg:CGryrighti~d rr)46eriai ofinsurAn4e SCrviCG3 C1lt Qt.mt,,with eS perrci;�scart, Page 11 at 11 NP99990216 a IMPORTANT NOTICE TO POLICYHOLDERS AMENDMENT OF AIRCRAFT EXCLUSION Dear Valued Policyholder, Thank you for selecting us as your carrier for your excess liability insurance. This notice contains a brief summary of the coverage changes made to your policy. The changes outlined below are organized by individual endorsements. Please note that not all of the endorsements noted may apply to your specific policy. In addition, this notice does not reference every editorial change made to the endorsement or coverage form, only material (or significant) coverage changes. Please read your policy and review your Declarations page for complete coverage information. No coverage is provided by this notice, nor can it be construed to replace any provisions of your policy. If there are discrepancies between your policy and this notice, the provisions of the policy shall prevail. Should you have questions after reviewing the changes outlined below, please contact your independent agent. Thank you for your business. SUMMARY OF POLICY CHANGES If your renewal policy contains endorsement CU 89 21 07 15 AMENDMENT OF AIRCRAFT EXCLUSION and your prior policy contained endorsement CU 89 21 01 13 AMENDMENT OF AIRCRAFT EXCLUSION then the following changes apply to your policy: POTENTIAL RESTRICTION OF COVERAGE Coverage is potentially restricted in that the exclusionary wording is amended to exclude "bodity injury" and "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, if such aircraft is owned or operated by or rented or loaned to any "insured". CLARIFYING, EDITORIAL AND PROCEDURAL CHANGES This endorsement has been revised to align more closely with the aircraft exclusionary language in your underlying liability insurance. Language was added for those aircraft operated by or rented or loaned to any "insured'. Editorial changes are made throughout to achieve consistency among forms and improve readability . NP 99 99 02 16 12 2015 Liberty Mutual Insurance Paige 1 of 1 Coverage Is Provided In. Policy Number Liberty 'the Oh1O Casualty Insurance Company USO (20) 55 57 37 42 MIIttta). 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 .__ __ PF3EMIUNI Charges _ Ccaltnierciat:lhttlrt-clla $.l_,.01.0.CIO S.:rr_tificd Acts-of I`crt'ttl,is�iz_t s�.�:c�agc -- ---$1Il.11C) _--____(Iaxr_luded). Total Advance Charges $1,010.00 Note: This is not a hill BASIS OF PREMIUM: NON-AUDITABLE( X) AUDITABLE( ) IN THE EVENT OF CANCEI:,LATION 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 sport a claim,call your Agent or 1-80,7382-070- DS 70 22 Ol 08 (11�9.S�1A .,,55737d9 Pni gwf,q 99s NCXFPPAIl1 1AK110rn rnov nnmac onr_c 44 nc 04 Coverage Is Provided In: I.ibel'ty The Ohio Casualty Insurance Company Policy Number. _ U50 (20) 55 57 37 42 MUtLI:II. 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 1-000-362-0W0 DS 70 23 01 08 ^•^P .1 11,. w—nnnin inicuocn rnov nnmoG oncr 19 nr an Coverage is Provided in: Policy Number; Liberty The Ohio Casualty Insurance Company USO (20) 55 57 37 42 Mutual. INSURANCE POLICY FORMS AND ENDORSEMENTS This section lists all the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE CU 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 6430 1204 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 1005 Economic or Trade Sanctions Condition Endorsement CU 64 92 01 13 Mobile Equipment - Following Form CU 6495 1207 Waiver Transfer Rights of Recovery Against Others CU 65 08 01 15 Exclusion Of Punitive Damages Related To A Certified Act Of Terrorism CU 88 01 12 02 War Liability Exclusion CU 88 04 07 14 Professional Services Exclusion CU 88 27 1207 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. J`--- Mark Touhey Paul Condrin Secretary President To report a claim,call your Agent or 1-800-362-0900 DS 70 23 01 08 CV Sop 06 97 COMMERCIAL UMBRELLA COVERAGE FORM There are proyisions in this p6y that restrict Insuring Ax"mern, V. DEFINrfIONS. Words and WvOri;'ge_ Read the satire pc,licy carefully to deter- phrases that appear in quotation marks have spe- mine Ogbts, durties and what is arod is not oov- cisl meaning arbd can be found in the DEFINITION Bred. Section or tho specific policy provision wlhats they appear. -�•. - Throughout this "you*policy, the words " u* and "your' refer to the Named insured as defined in Insuring Ageoomsrrt, V, DEFINITIONS. The words In oonsideration of the payment of the premium 'w+e.' 'Las" and "our" refer Io the Company pro- and in reliance upun the watermnts in the Dec- vidinrg this insurance_ The yard "Insured' means laratians we agree with you to provide ooverage- any pffsov or organization qualifying as such in as follows-. irN.'}UrtrMV Ate rKGCMGPIIQ AIM aim 1. COVERAGE B. rho General Aggregate Limit: is the most We will pay on behalf of the "Insured'" those we wit pay for all damnes cavefed under si,im �g in �xra� 4f the 'fLetained Limit" that the Insuring Agree mant in Section 1., ex- the 'Insured" becomes legally ob"ted to ce pay by reason c4 liability imposed tyy taw or 1, darrkages included in the "products- assumed by the "Inured' under an "Insured cbrrt~ operations hazard"; and corrtmc f t Qcau5e of "bodily ini►ary," "proPe�ty damage.' "per$omd injury," or "advertising 2. covenges Included In the policies ilst- inivey" that takes place during the PrAicy Pt- ed in the Sghedule of Undertying Irtsur= rind and is caused by an "oocurrence' hap- ance M which no unde in dY 9 aggregate peeing anywhen�, The $mQur> we *0 Pay fix limit applies. damages Is limited as dsacrtbed below In the Ineuring Agreement Section Il, LIMITS OF R4 The arnount stated Qn the Pe04m6ons as SURANCE. the General Aggregate Llrrit is the most we will pey fQr all diarnages arising out ref M. LIMITS OF INSURANCE any "bodily Injury," "property damage," "personal injury," car 'advert sing injury" A. The Limns of Insurance shown In Item 4. su*ct to an aggregate Emit in the 'un- of tho Dedifrations and the rulee below dertyinq insurance," The Gienerai AW - state the n*st woe will pay regardless; of gate limit applies separately and In the the number of: same Wnwr as the aggir" limits hP i. `Insur$cJs"; the %nderlyIng Insurance." Z. 'ttairms" made or "suits' brought; or C. The Products-Complated Operations Ag- gregate Lirnit is lh+r mcgi we wil pay for 3, persons or organizations making all damages included in the "products- 'deeds' or bringing "suits." cQmpietecd Qperalior frazard," D. Subject to B. or C. in Section IL LIMITS OF MURANCE, whichever applies, the Each Occurrenoa Limit is the most we wit pay foir 'bodily injury," "property damage,' CV$0 02 06 97 {Page f of 15) "personal injury," or "advertising injury" Schedule of Underlying Insurance nor covered under the Insuring Agreement in by any other insurance providing cov- Section I. because of all "bodily injury,' erage to the "Insured" during the Polk "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- Ili. 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 dedying 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: I. We will investigate any 'claim" and I. the total amounts stated as the ap- defend any "suit" against the "in- plicable limits of the underlying poli- sured" seeking damages on account of ties 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 lion of any "claim" or defense of any as Self-Insured Retention as a result of "suit" are in addition to our Limits of any one "occurrence" not covered by Insurance, the underlying policies listed in the 60 02 06 97 (Page 2 of 15) 3- We wit pay the following as expenses, "Claim" or 'suit' against the "Inrrurp�. to the extent that they are not inefuded We will, hoveawr, have the right and will in the wyefage in the underlying poli- * girmn the rvperhinity to prart+cipate in ciers listed In the SchecUa of Under- the settlement, defense and fflal of any lying Insurance or in any ver insur- 'claim" or "quit" reWtiv+e IQ any "Q=r- ance providing coverage to the `in- renoa" which, In our opinion, may create 5ured": liiability on our part under the terms of this policy. if we exeresse such right, wa wig A. premiums on bards to rgiease at- do so at pear own expen5s- taclhmenta, which bond anrtiaunts wilt not exceed out Linens of In- IV. lEXCt_VSIONS surance, but we are not obligated to apply for or furnish any such This insurance does not appily to: bor►d; A Bodily injury` or 'pmperlyr damage" ex- b. premiums on appeal bonds, pew or intended from the standpoint of which found amounts will not ex- the 1nsurgd-" This exclusion does not ap- need our policy limits, required by ply to "bodily injury" resulling from the MONOMP law Ian appeal any 'diaiirll' or arse of raasonabla force to protract poisons 'suit" we de fend, but we are not or property. OMwroygswu iu ayvry iVi yr 'U11i6b;1 .1111111110....� any such hand; B. Any obligation of the "Insured" under a Workers CAwrp-ertsation, Unemployment NOW c. all costs taxed against the "In- Compensation or Disability Smefrts Lary, sured" in any "claim" or ".suit" or under arty similar law. regulation or we defend, ordir�ar". d, pre-judgment interest amarded C, Any cbligatiran of the "Insured" under the against the "Insured" on that part Employee Retirement Income Sect,rityr Act ol the judgmmnt we pay that i:s of 1974 or any amendments to that act, or within our applicable Limits of In- undar any simirar law, regulation or ordi- guronce, if we make an offer tq nance. pay the appflcable Limits of Irmur- ance, we wil not pay any pre- g, Any obligation of the "Insured" under a judgment Interest based on the No Fault, uninsured Motorist or Underin- ;Wigd of time after the pf r-. aured MQtoi i5t law, or ursder any sirrular law; regulation or ordlnanoe, e, al interest that aQ=es after entry of *dgrnent and before we have E. "Prr►perty damage" to "Impaired property" paid, offered to pay or deposited or property Chat Ism r*t been physi,ally In court the part of the judgment Injured, arising out of- that, i5 within our applicable Limit of Insurance; 1, a defeci defciency, inadequacy or dangerous gpndiition in "ymr pri?duQC f. the "Insured's" actual and reason- or 'your work"; or able e9pensa9 incurred at our re- gUest 2. a delay or failure by you or anyone acting on your behalf to perform a con- C. We will riot iinvestigate any %Jahn" or de- tract or agreement in accjordarnoe with fwd any ^.~aunt" after our applicable Limits its terms. of Insurance have been exhausted by pay- ment of judgments oe settlements. This exclusion rides not apply to the loss of use of other properly arising out of D. In al other instances except Subsection A. sudden and awidentai physical injury to in Section 10. DEFENSE, we will not be "your product" or 'gear work" after it has obligated to assume chaego of the irtwes- been pal to its inteirded use. Ligation, settlement cr defense of any CU 60 02 X 97 {page 3 of 1 bj F. "Property damage' to "your product" aris- damages that the "Insured" would ny out of it or any part of it. have in the absence of the contract or G, "Property damage* to agreement. P riY g "your work' arising out of it or any part of it and included in K. "Advertising the "products-completed operations haz in 1u�" arising out of: ard." 1. breach of contract, other than misap- This exclusion does not aPPIY I the propriation of advertising ideas under damaged work or the work out of which an implied contract; the damage arises was performed on your 2. the failure of goods, products or ser- behalf by a subcontractor. vices to conform with advertised qual- H. Damages claimed for any loss, 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 property of attomeys, experts, or consultants, aris- e party o with- ing out of or in any way related to.- use drawn or recalled from the market or from 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 r9 persal, seepage, migration, release, or escape of 'pollu- I. "Property damage" to property owned by tants," however caused. the "Insured." 2. Any request, demand or order that any 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 1. arising out of oral, written, televised, persons. videotaped, or electronic publication of material whose first publication took 3. Steps taken or amounts incurred by a place before the beginning of the poli- governmental unit or any other person cy period; or organization to test for, monitor, dean-up, remove, contain, treat, de- 3. arising out of the willful violation of a toxify or neutralize or assess the ef- penal statute or ordinance committed fects of "pollutants." by or with consent of the "Insured"; or This exclusion will apply to any liability, 4. for which the "insured" has assumed costs, charges, or expenses, or any judg- liability in a contract or agreement. ments or settlements, arising directly or This exclusion does not apply to liabil- indirectly out of pollution whether or not ity for the pollution was sudden, accidental, grad- ual, intended, expected, unexpected, pre- ventable or not preventable. 60 02 06 97 (Page 4 of 15) As used in this exclv5iQn 'pollutants' 3. ooerckxi, tie(rKAf on, evatuatioei, reas- means any solid, liquid, gaseous, or ther- signme3nt, discipline, defamation, Ba- rnes irritant or oontarnin4nt, irn)vding, but r$ssmerkt, molestation, hurndiation, not Ilmiteyd to smoke, vapor, soot, fumes, discrimin;a1Icn or other employment re- aocids, alkalis, Owmiuets and wwste me- late() praacdaes, policies, act$ of ornis- tarlal. Waste malulal includes materials slons; or which are intended to ke or have been recircled, roconditioned or redakned. 4. consequential "bodily injury,' 'proper- ty damage." "porgbrlal inW Ot "ad- M. "bodily injury' or "property damage' due remising injury' as a result of 41, to war, virbrather or not rtedare3d, or any act tbrogh 0.3. 52 or condiWn incident to war. War includes M civi war, insurrection, felbolkn or nevolu- This exclucsion applies whatttgr the "In- tion, This exclusion applies only to liabikty sured" may be held liable as an employer assumed under a oontract or agrearnant. or in any outer capacity and to any obliga- tion to share damages with or to repay M. Any liability, indudirtg, but not limited to someone also wha must pay damages be- settie"nts, AArnents, costs, charges, ex- cause of "bodily injury.' "property dam- pense3s, costs of inyeetigatians, or the f"s age.- 'personal injury" or 'advorUsing iit-- of attorneys, experts, or consuttants ads- jury" ina oust of or related in arev way, either directly or indirectly, to,- f'. 't orry injury, pswe,:s iy gJam,,Q6-V soma) injury` or "adverW tg injury" iax- i. asbestos, asbestos products, asbestos- cluded by the Nuclear Enegy Liarbility Ex- conWning materials or p odLo ts, as- ctussUM attaclhod to this Policy. bestms fibers or asbestos dust, includ- ing, but not limited to, manufacture, t2. The f4owing Sterns 1. through +1., except mining, use, sale, Installation, removal, to the e4ent that such insurance is pro- or distributfon activities, vided by a policy Istesd in the Schedule of tlnciertyincF tn,urenr..e, and for no broader 2. exposure to le3sttng for, mortitoring of, (xrteraga than Is provided by such policy: cleaning up, rernoving, containing or treating of asbestos, asbestos pro- 1. Liability of any employee with respect ducts, asWetas-oantaining rn~aterials or to 'Wcliiy injury," "property dwage,' products, asbestos fibers or asbestos 'pesrso.nal injury" or "advertising In- dust; or jury" to you or to another employee of the same employer injured in the 3_ any vb"ion t4 investigate, settle or course of 5u47h er FQyment. defend, or indemnify any person against any 'claim' or 'suit arising 2. Todily irrjury' or 'property deirnewge' out of, or related in any way, elthsr arising out of the owrwship, mainten- direci#y or indirectly, to asbestos, as- ante, ciperatian. use, 'loading' or 'ur►- bestos products, asbesos-corttainrng loading" of any watercraft, If such materiak or prQdVQJs, aul ee tress fat)ers wvtarp-aft is owned, or ch;aFtered with- or asbestos dust. out crew, by or on behalf of any 'In- sured-' This exdlusio+n Will ncrt apply to 0. 48odily injury,' "property darrrage," "per- watercraft vehilie ashore oct any prem- sonal injury' or 'advertising injury' aris-- ices oymed by, ranted tQ, or gonlroded Iry out of arry: by you, i, refusal to employ or promote; 3. 'Bodilly injury' or "property damage' arising out of tha ownership, mainten- 2. t+erminaWn of emplay_meni; ante, operation, use, loading" or 'un- loading" of any aircraft, it such aircraft is owned, or hired without pilot or craw, by or on behalf of any 'tnsureQ" GU 60 02 X 97 (page 5 of 15) 4. "Bodily injury" to: B. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public a. an employee of any "Insured" roads, including any attached machinery or arising out of and in the course equipment. "Auto" does not include "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- U. 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 property" means tangible prop- a. whether any "Insured" may be arty, other than "your product" or "your liable as an employer or in any work," that cannot be used or is less use- other ca adty; and ful because: p 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. DEFINITIONS 2. you have failed to fulfill the terms of a contract or agreement; A. "Advertising injury" means injury arising if such property can be restored to use by: solely out of advertising acdvtties of any "Insured" as a result of one or more of the 1. the repair, replacement, adjustment or following offenses during the policy pe- removal of 'your product" or "your dod: 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 ortganiza- bon 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- 5. mental injury, mental anguish, hurnili- nership, joint venture or limited ation, or shock, if directly resulting liability company, and over which you maintain ownership or major- from Items A.I. through A.4. i interest, will major- ity qualify to be a Named Insured. However. 50 02 06 97 (Page 6 of 15) (1) coverage render this provi- 'urkk.)adiriq" of any 'autos," airrra#t ar slop ks afforded only until the warte=aft unless such coverage Is in- 90th day allt r you "tuire or chided under the policies iisted in the farm the organizzation or the S&odfufe of UnAsrtyktg Insurance arwd end of the policy pehod, for no t ewder coverage than is pro- whichever is earner; aided under such underlying pokides. (2) aavmrage does flat apply to Employees include "leased wlrkws" 'bodily injury." 'property but not "Wrnporary workers," "t,.ev5ed damage," 'personal injurer' workers" are leased to you by a labor or 'adlyerticirtg injury' that leasing firm under an agreement be- occurred before you aoquired tween you and the labor leasing firm or farmed the organization; to, perform related duties to the con- and duct of your business. "Leased work- ers' are, not 'temporary workers.' (3) coverage applies only if the Temporary workers" are persons fur- der is ir'rCluxled urn 'Temporary to you to r�rita�ti�ta,Jte for pemsa- der the ci&s cgs provided by nent employees on leave of to meet the ilotiicias listed in the seasonal or short-tame workload Gandi- Ai-i,c.rl�itr� of Ilnriertvir►a In- .,___ suranco and then frcr no ...... broader coverage than is y. Any person, c fw than one of your provided under suori under- employees, or organization while act- NNW lying policies. ing a3 your real estate manager. 2. If you are an Individual, you and youf 8. Any person (other than your partners, spouse, but onty with respect to the ftecutiva officers, directors, slockhol- oandudt of a business of which you are ders or employees) or organizations the sole owner as of the affective date vAth respect to any 'auto' domed by of this i you, lowled to you or hired by you or on your behalf and used with your psr- 3. if you are o partner5hiip or joint ver►- mtssiofi, turn, U►e partners or members and their slpou-as but only as respect$ the Howevef, the coverage granted by this owduct of your business. Provision a. does not apply to any per- d. If you are a limited ilabiilty company: sore using on 'auto" while working in a tx�siness Chat sells, services, repairs or the members or managers but only as parks "autos" unless you are in that respects the conduct of your business, business- S. Arry person or organizaatlon, other than g. No person or organization Is an 'in- the Named Insured, included as an ad- gored" with respect to the conduct of dikrral "insured" by virtue of an "In- any current or past partnership or Ont sured contras" and to which coverage ventum that is not shown as a flamed Is provided by the 'underlying Insur- tnsured in the Declarations, ance,' and fir no broader coverage than is provided by the 'underlying G. "Insured contma" means any ofai or wrtit- inauranee" to gricti add ilionat "in- ten c4lFlttnki or agreernerrt entered into by sured." you and pertairning to your business under which you assume the "bolt IWAiW, of 6. Any of your partners, executive offi- another party to pay for "bodily injury" or cars, directors, or employees but only peeperty damage" to a third perwn or while acting witttln the scope of their or+ganizatiruri, provided that the 'bodily In- duties. jury' or 'prop" d"s' daGc,mua sutsa- Hawme, 0o coverage granted by this quent to the execu5on of the contract or Provision 6. does not apply to the own- twPhip, maintananc8, use, yoadirtq or GU 60 02 06 97 (Page 7 of 15) agreement. "Tort liability" means a civil a. air compressors, pumps and gen- liabiRty that would be imposed by law in erators, including spraying, weld- the absence of any contract or agreement. ing, building cleaning, geophysk 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 1. "Mobile equipment" means any of the fol- construction or resurfacing; lowing types of land vehicles, including or any attached machinery or equipment: (3) street leaning; 1, bulldozers, farm machinery, forklifts and other vehicles designed for use b. cherry pickers and similar devices principally off public roads; mounted on auto or truck chassis and used to raise or lower work- 2. vehicles maintained for use solely on ers; and or next to premises you own or rent; c. air compressors, pumps and gen- 3. vehicles that travel on crawler treads; erators, including spraying, weld- ing, building cleaning, geophysi- 4. vehicles, whether self-propelled or not, cal exploration, lighting and well maintained primarily to provide mobil- servicing equipment. ity to permanently mounted: J. "Occurrence" means: a. power cranes, shovels, loaders, diggers or drills; or 1, as respects 'bodily injury" or "prop- erty damage," an accident, including b. road construction or resurfacing continuous or repeated exposure to equipment such as graders, scrap- substantially the same general harmful ers or rollers; conditions; 5, vehicles not described in 1., 2., 3., or 4. 2. as respects above that are not self-propelled and � "Personal injury," an of- abovefense arising out of the business of are maintained primarily to provide any "Insured" that resutts 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) kegvncy w repetition thereof, the b, work that has not yet been cQ-- number and Wd of media used and plated or abandoned, the number of claimants; 2. 'Your work' will be deemed complet- 3- as respocts "o4yerttWg injury," an of- ad at the earliest of the following fence comrnkled in the course of ad- times: vertis'^g your goods, products and ser- vices that results In "advert Ing In- jury-' All darrrages that arise from the your cw"ct has been complat- same or nefated injurlous material or ed. acts will be vonsidered as arising out of one '4.currenoa," regardless of the b• �� all of the wvrl5 to be done freggtency pr repetition thereof, the 3t tt'`6 site has be6rt completed if number and kind of media used and your aorctrad calls for work at nu more ittarl [x1e Site. the number of daimants- K. 'Personal injury` means iroury other than c. When that part of the work done *bodily injury' or advertising injury" aris- at a job site has been put to its irrg out of one or more of the !allowing Intended tme by any person or or- offenses during the policy period; 9anizobw other than another Wr►- tractor or subcontractor working ' 1, fatsve arrest, detention or ttnprison- y��+ja4t- iM Montt; Work that may need service, maiinten- �R 2. Malicioaa pjWoution- ante, correction, repair or replacement, bout which is otherwise Qomptete, wig 2. the wrongful eviction from, wrongful be treated as aornpbted. entry iWo, or irryasign of the right of priYate oexupaney of a room, dwelling hazard' This "produces-t�pietsd operations In- or premises that a person vc�p� by hazard' *me rent indu�ie 'taodity in- or on behalf of Its owner, landlord or fury" or "p'raparty darrrags" arising out lesw; Ot 4. gral, written, televised, videotaped, or a. the transportation of property, ur�- electronlc publication of material that less the injury or damage arise,3 slanders or R�els a p-ersoc or prgEapiza- out of a oandiW in or on a ua- tion or disparages a person's or or- hicle created by the 'Moaning" or ganiza*n's goods, products or ser- vices; b, the axislance of toots, uninetalled S. oral, written, televised, Yideotapsd, or equipment or abar4crred or un- eiedronic publication of material that used materiads- violates a person's right of privacy; or M. "i r+opArty darnaga' mearts,, 6. mental injury, mental anguish, humili- i. physical Injury to tangible property, In- ation, or shack, if dim sty msulling frorrt Items K.1, through 5. Chid.ing aN resut6rig lass of use of that property. all such loss of use will be L. 1. 'Products oompMeted operations ha=- deemecd to occur at the tirr� of the p aid" means al -bodiy iryury and Injury that caus®d It or 'property damage" from an "occur- 2. lens of use of tangible property that is ranee" taking place away from pram- not physically injured. AM such loss ises you Dorn or rent and arising out of wig be deenne+d to occur at the time of 'your product or -your work' axcapb the 'pc a,rrvnce' that caused it a, products that ar*3 stiN in your N, "Suit" means a civil prpaeoi'ding which physical p asession; or seeks monetary damages because of 'bod- ily injury,' ^property damage.' 'per- CV 60 02 06 97 (Page 9 of 15) sonal injury," or "advertising injury" to "Your product" does not include vending which this insurance applies. "Suit" in- machines or other property rented to or 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. iinsurance for the same hazards, except as to any modifications which are A Appeals agreed to by us in writing. if the "Insured" or an 'Insured's" under- P. "Your product" means: tying insurers do not appeal a judgment in excess of the "retained limit," we have the 1. Any goods or products, other than real right to make such an appeal. If we elect property, manufactured, sold, handled, to appeal, our liability on such an award or distributed or disposed of by: judgment will not exceed our Limits of Insurance as stated in Item 4. of the Dec- a. you; larations plus the cost and expense of 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. als, parts or equipment furnished in connection with such goods or pro- C. Bankruptcy or Insolvency ducts. The bankruptcy, insolvency or inability to "Your product" includes: pay of any "Insured" or the bankruptcy, insolvency or inability to pay of any of the 1. warranties or representations made at Underlying Insurers will not relieve us any time with respect to the fitness, from the payment of any "claim" or 'suit" quality, durability, performance or use covered by this policy. Under no circum- of "your product"; and stances will such bankruptcy, p cy, 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) 0. CW)C+Rtlation ceflation and the receipt of any refiurl-' 1. You m cancel tflis I You must that may become payable under this may policy. policy, mail or deliver advance written notice to us Mabng whark the rartcallation is 0. A,y of these provisions that oor►tlicl to take effect, with a law that controls t#te cancelfa- t�on of the insurance in tt» policy is 2. We may cancel tills policy. if we cancea changed by this staterrrenrt to comply because of nonpayment of prerniurn, with the low, we must mail or deliver W you not less titan ton (10) days advar►oe written no- �, Charms tice stating when the canceNatio;t is to take effect.. If via cancel for any other Notice to arty agent or knowledge pot, a reason, we must mail or deliver to you sessed by any agent or any odw perm not less than thirty (30) days advonca wit not effect a walvar or a change in any written notice stating when the can- part of this policy, This policy can only be celiation is to take effect. MaifiN that changed by a written andortoment that notice to you at your mailkig address becomes a pert of this pallicy and that is 9150 shown in Itern 1. of the Declarations signed by one of our aruthodzticl reom- wig be sufficient to prove notice. sentataves, • 3. The policy Period will end on the day F. Dunes in The Euent of An Occurrence, and hour statod in the canc%iralion no- Claim Or Suit now tire, 1. You must see to it that we are notifled 4, If wiu cdnoet, final prerniurn will be gal- es won as practicable of an "pcx.'i!r- cutated pro rata based on the time this rence" whlch may result in a "claim" policy w.a5 in €otw_ Final premium will or "suit' under this policy. To the ex- not be less than the €vlinimum Pre- teen passible, rKAJm will lndude: Mkim; as uhewn in Item 3. i?i thoe Gem larations,. a. how, when and where the "oocur- rence" took place; 5. If you cancel, final premium will be more than pro ratsi: it wil t)e !rased on b. the names and a�ddresse4 of any to time this policy was in force and Injured person and witnesses,, increased hY our Short rate cargetlation table and proc�durg, Fins! premium c. the nature and fvcat=uxt of err} in- will ncat � less than the Minimum Prix jury or darnaga arising out of Eho mfurn as shown in Item 3, of the Dec- 'accurrer►ce," larations- 2. if a "claim' or "suit" against any "In- 6- Prvmium adjustment may be made at cured" i5 roasortabiy likely to invowa the tine of cance3allon or as soon as this policy you must notify us in writ- pmdicabie thereafter t?ut the canceira_ iN as soon as practicable- ton will be effective even If we have 3. You and any other invoilved `'Insurair not made Qr Qf Bred any refund due you. Our check or our rep�resentative's must; cheek, rrmiled or delivVred, wii be suf a_ immedfs" send us QQpies of ficient tender of any refund due yft- any c}ewnds, notices, summons- 7. The first Named Insured in Item 1. of es or legei paper received in can- Lba NWratlons will act ort banal€ of necilon with the "claim' or all other "6ns+uretfs' with respect to the giving and receiving of notice of b. evtharize, us tcp obtain records and can- o1w information; CV 60 02 06 97 (Page 11 of 15) c. cooperate with us in the roves- 1. to keep the policies listed in the Sched- ligation, settlement or defense of ule of Underlying Insurance in full the "claim" or 'suit; and force and effect; d. assist us, upon our request, in the 2. that any renewals or replacements of enforcement of any right against the policies listed in the Schedule of any person or organization which Underlying Insurance will not be more may be liable to the 'Insured" be- restrictive in coverage; cause of injury or damage to which this insurance may also ap- 3. that the Limits of Insurance of the poli- IlY. cies listed in the Schedule of Under- lying Insurance will be maintained ex- 4. The "Insured's" will not, except at cept for any reduction or exhaustion of their own cost, voluntarily make a pay- aggregate limits by payment of ment, assume any obligation, or incur "claims" or "suits" for "occurrences" any expense, other than for first aid, covered by "underlying insurance"; without our consent. and G. Inspection 4. that the terms, conditions and endorse- We have the right, but are not obligated, ments of the policies listed in the to inspect the Schedule of Underlying Insurance will P premises and operations of not change during the period of this any "Insured" at any time. Our inspections policy such as to increase the coverage are not safety inspections. They relate only to the insurability of the afforded under this policy. �Y 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 organk J. Other Insurance zadon 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 terns, conditions and limitations of such other insurance. How- H. Legal Actions Against Us ever, this provision will not apply if the T against us other insurance is specifically written to be There will be no right of action a 9 excess of this policy. under this insurance unless: 1. you have complied with all the terms K. Premium of this policy; and The first Named Insured designated in 2. the amount you owe has been deter- Item 1. of the Declarations will be respon- 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 right to add us as a puled on the basis set forth in Item 3. of 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- I. Maintenance of Underlying Insurance vance Premium shown in Item 3. of the 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) rrtent, the actual exposure basis win be expenses incurred in the exercise of righO t,sed to compute the earned premium, if of recovery will be apportioned botw&sn the earned premium i5 greater than the the interests, inrlL4ing the "inro,rred," in Advance Premium, you will promptly pay the ratio of their resOct" recaverles as us the difference- If the earned pr arruum is finely settled. less than the Advance Premium, we wig return the difference too you, 13ut in any Taunt "� Statute event we will rrxtaln this Minimum Prey- Th& terms of this Itaiicy which are in con- mium 84 shown in Item 3_ or the Dedara flidt with the statutes of the State where lions for each twelve months of our pol#cy this Policy is issued are amended to mnr- form to such statutes. L. paralitrwn fnSur+ede K we ace prevented by taw or statute from Except with respsU to our Limits of Insur- paying on bahaif of w "Immured' than we ance and any rights or dunes specifically w4l, where permitted by law or statute, assigned to tna first Tamed insured des- M(3rrrnify the -Insured" for those surAs at ignwed in Item 1, vt the Declarations, this of thre 'retained limn" insurance appti ' 0, Tranefeg of Your Rights And t3utiea 1, as if each Named Insured were the ��,,� , " 4 a„tea „,SA— Ohio rVI&M only Named Insuured; and + rrr may not be transferred wieml oLw wrftn iw� 2, separately to each. "Insured" against cnnsarrk whore "Claim` is rnada or 'suit" If ypu die or are legalty declared t;�ankruprt, broughc your rights and clubes wIa be transferrer} M. Transfer of Right-3 of Recovery Against to your legal r+epreserntative t)ut only while Othws to Us acting within the scope of ditties as your legal representative, 1-kywever, notice of If any 'Insured" has rights to recover at or cancellation sent to the Rfsi blamed In- part of any peyrne.nt we ha+re made uncle{ surged designated in Item I- of the I7erlana- this policy, those rights are transferred to tions and malled to the address shown in us, The 'Insured" must d4 rxithimg after thin po" will be auffoaient ncAiou tQ affect loss to Impair those rights and must help canoellatlan of this policy. us enfQrce them. P. When toss Is Payable Any recoveries vie be app►ied as follow: Coverage under this guile}( wig riot apply 1. any intarRsts, including the "insured," unless and until arty 'Insured" or an `In- that ttav,e paid an amount in excess ,if suredY underlying insurer is obt-itgated to our payrnont under this policy will he pay the `r-atainred limit" reimbursed first; ituhon iha amount of loss ryas finally be$n 2. we tten wRI be reimbursed up to the detenriiined, we wiB prarrnptly pay On be- amount we have paid; and half of the� 'Insured" the arrwunt of iNs falling within the terms of the policy, 3. lastly, any in[Evests, irnCludling thA -in- sured,' over which our insufance is You will pmmptiy reimbarw ua for any exoess, are artiitlad t6 claim the rosi- amount within the Gell14nsured Retention due, advanced ay us at ourr discretion Q6 behailf of any "Insured." Ct,t 60 02 06 97 (page 13 of 15) NUCLEAR ENERGY LIABILrrY EXCLUSION phis 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 liability policy issued by a. 'Hazardous properties" includes radioac- Nudear 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- tion of its Limits of Insurance; or il, any equipment or device designed 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- um or plutonium, quired to maintain financial protection pur- (2) processing or utilizing "spent suant to the Atomic Energy Act of 1954, or fuel" or any law amendatory thereof, or (b) any "insured" is, or had this policy not been (3) handling, processing or packaging issued would be, entitled to indemnity "nuclear waste"; from the United States of America, or any agency thereof, under any agreement en- 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 a. the "nuclear material" (a) is at any "nu- uranium 233 or any combination there- 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) e. '%Oear reartcr' means any apparaluS _ "Soume m4te,ial,' %peCiai nuclear rnal�- desigmed or aged to sustain nucear fission nial," and `by-product material' have the in a Self"5upportiN ch.airi reaction or to rneaninq$ giYen them in ttie A#Qmiie En- contaln a critical mass of fisslonable mar argy Act of 1954 or in any law arnendalwy terial. thereof. f. `Nu+ciear waste' reams any rwciear wasto h. "Spent fuel" means arny fuel element or rnatV4 (a) containing "by-product male• fuel component, soGd or liquid, vrhich has rW other than the tailings of nutlaar been iAed or exposed to radiation in a waste produced by the extraction or cart- "nuclear reactor," csntration of ✓lrattnum or tboriurn from any ore proomed primarily for its "source ma- This eindomemeni does not change any other pro- feria!` conAer►t, amd (h) resulting frorn the vision of the policy. operation by any person or orgarazation of any 'nraciaar facility' included within the definition of "nuclear facility" unde+ Para- graph 3.U. or lb.ii. in "t"O&C wharaftf we h;;Va e-titan lhIQ nrAlry M hix. oyeoitod and aftaKted. Nil this ackv wil not be valid unless ogunlemign+ed t y one of our duly authorized reprwAwWCveEj, whew required by faw, �t t W 02 t}6 97 (faage 15 of 15) CU 60 30 06 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. "<E, CUSTODY OR CONTROL EXCLUSION - REAL OR PERSONAL PROPERTY The following exclusion is added to Section W - 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 COMMERCIAL.. UMBRELLA , CU 60 39 01 is THM ENDORSEMENT CHA"ES THE POLICY, PLEASE READ IT CAREFULLY, CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modlfles Insurance provided under t#ne following; COMMERCIAL UMBRELLA COVERAGE FORM If aggregate insuredd losses ag iibutable to terrorlst acts certffled under the federal Terrorism Risk Insurance Art exceed $100 *iQn in a calendar year and we have rwt our ineurer deducobie Under the Terrorism Risk Insurance Act, we shall rot be liable for the payment of any portlofn of the amount of such losses thtit exQeeds $10D tiilkwin and in such case insured ios5e6 up W that amount are 6vbject to pro rata allocation kn accordance with procedural established by the Secretary of the Treasury, 'Cerlif`ied act of terrorism" means an act that is oertifit-Al by the Secretary of Uio Treasury, In accordance with the prrnisioris of ttie fe4er-al Terrorism Riuk Inyurw)ce Aet tr) t e an act of terrorism pursuant to such Act, The criteria oantalned In the Terror sm risk Insurance Act for a "certlfled act of terrortsm" nr4t iris Eha f-Oinwino' rM L. The act resuilled in insured bssos. in excess M $5 million in the attributatw to all ty,pas MEN of insurance svb*d to the Tenrorism Risk Insurance Act; and 2. The art is a violent act or an act that is dangerous tq h4man 105, p(ap rty or infrastrurAure and 4 committed by an irndlyiduai or Indiylduals as part of an effort to coerce the csvilian population of the United $tales or to infh,ence the policy or affect the conduct Qf the United states Guyernrnent by coercion. The terms and tlrtutallons of any terrorism exdusr w. or the inapp$cabllky or omtsslon of a tofrortsm exduaion, do not sire IQ create coverage for injury or da.wge that is otherwise excWed under this policy, This endorsement does rwt change any other provision of the policy, 20t5 LibBa/Mutual Insurance CU 60 39 01 15 Includes onpprighted mateeial of Insurance Sarvas Otflce,Inc.,w.rlh its permis91an. Page 1 of 1 COMMERCIAL UMBRELLA CU 60 40 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNDERLYING COVERAGE REQUIREMENT FOR CERTIFIED ACTS OF TERRORISM With respect to any one or more "certified acts of terrorism," we will be liable only for that portion of damages, subject to the Each Occurrence Limit stated in the Declarations, in excess of the total amounts stated as the applicable limits of the underlying policies listed in the Schedule of Underlying Insurance and the applicable limits of any other insurance providing coverage to the "insured' during the Policy Period. If you fail to comply with this Underlying Coverage Requirement for "Certified Acts of Terrorism" and you do not maintain your underlying limits as scheduled, we will only be Gable 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. `ris exclusion does not apply to the extent that insurance is provided by a policy listed in the Schedule �1. Underlying insurance, and for no broader coverage than is provided by such policy. This endorsement does not change any other provision of the policy. 2015 Liberty Mutual Insurance CU 60 40 01 15 Includes copyrighted material of Insurance SerAcea Office,inc.,with its pe rmissior. Page 1 of 1 COMMERCIAL UMBRELLA CU 61 06 01 13 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE ILEAC►IT CAREFULLY. AUTO LIABILRY • FOLLOWING FORM This mdorswnenl modifies insurance provided under the fallowing: COMMERCIAL UMBRELLA COVERAGE PART 1. The following exciurion Ps added Da€►iia ion IV, .EXCLUSIONS: This Insurance does not apply to, Arry liability arising out of the owrwship, mairrtenarice, use or entrustrnerrt to others of any 'auto.' Use includes operation and 'loading" or %nloadir g". TNs exclusion applies even if the claims against any "fnst mT allege negligence or othef- wrongdoing in the supervision, hiring, employment, training or moniloting, of Others by that "Insured"_ �....� This exclusion does nol apply to the extent Ovat Insuvwce for such. IlaWllty Is proovided by a policy listed in the Schedwfe of t,Pnderiy ug Irrsuremce, arW for no brooder cay"e they i!q prcvic ed by 9=h policy 2, Paragraph B.urxfer Section V. DEMNVnONS is replaced 6y th-e kkowiN, S. ",Auto" means an auto as It Is detlned In the applicable "undwlying insurance". This endmernent does " change any other provision of the poky. 9 20f2 Liberty Mutual InsurenrA CU 6100 01 13 Includes copyrighted maWat d Insurance SermesCtftloe,Inc,with As permis3IGIT. Paw 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. 2014 Liberty Mutual insurance.All rights reserved. CU 61 15 07 14 Includes copyrighted material of Insurance Services office,Inc.,with its permission Page 1 of 1 COMMERCIAL UMBRELLA CU 6110 Oa 10 THIS ENDORSIEMEW CHAWIES THE POLICY, PLEASE RFJW rl' CAREFULLY. WASHING TON CHANGES - CANCELLA110N AND NO RENEWAL This endorsement modifies insurance provided under the foita+ring- COMMERCIAL UMBRELLA COVERAGE PART EXCESS LIABILITY COVERAGE PART 1. CQntlitton, C- Cametlation vr►der Se4;:t9on Vt_ CondiWrts is reptared by tbp fQ160wing: 0. Cancellation 1, The first Nand Insured shown in the declarations may cancel this par" by not*IN us of the insumnize prodiur er in one of the fQlfowing wayw. -. tdlr{��en nnh.�na K A eetil rev ry es-emmt- •� b. Surrender of the policy or tinder; or C. Verbal notice, Upwi receipt of woh notice, we will cancel this pP(iGy or any binder is5ueid c?e evidenoe, of coverage, effealve on the later of the following: a. The date on which notice Is reoeived or the policy or binder is surrendered; or b. The date of canpelistiion requevled by the first Nwiied Inwirred, Z, We may canoes this poley by "Ming or delivering to the i'irst Manned insured and ttm first Named Insured's ageni or broker written notice of canoelaticn, including the actual reason for the cancellation, to to last mailing address known is us, at leash a, 10 days befora the effective date of ean�celatlon if we cancel for nonpayment of pramIum, or b. 45 days eeforn the effective data of carrcetlatiort if wa cancd for any other reason_ 3. We will also mall or deliver to any mortgage holder, pledgea or other person shown in this policy la have an interest in any loss whicf+ may air under this pollb y, at their last mailing address known to us, written notice of cancellalion, prior to the effective dale of car"fation. This notice wAi be the same as Ihwt mailed or delivered to the first Named ineured. 4. Notice of canueilatiIw will state the effectiva darts of cancellation. The poky period will and on that date, If this p0cy is cancelled, we will send the grit Named ln%red any premium refund due. if we canoer, the refund will be pro rara. If the first Named Insured cancels, the refund will be at feast 90% of the .pro raga refund. The rancetlation v+ii► be effective even if we have not made 9r offered a refund, B, If notice is mailed, proof of nnailling wil be sufficient prof of notioe, 2. The foltuvAng Cwdlf;lon is added ti:� Section V1. Canditions and amyl pre to Iha con- trary; Nonrenewal 102010 Liberty Mutual tnsurarce Company.All rig 16 reserved. CU 6190 08 10 Includes copyrighted material d►nsuranae Ser Aces Moe,Inc.,with ns penxrisalon. 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 expirafon date; or 2. Other coverage acceptable to the "Insured" has been procured prior to the expiration date of the policy; or 3. The policy clearty 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. e2010't+ber17'K1U61A1Aurance Company.All rights reserved. CU 61 90 08 10 Includes copyrighted material of Insurance Services office,Inc.,with Its permission. Page 2 of 2 CU63440697 THIS ENDORSEMENT CHANGES THE POLICY, "ASE READ IT CAREFULLY, FOREIGN LIABIUTY - FOLLOWING FORM The foiiawing 9xGfuSiOr+ is add9d to Secti" rV - EXCLUSIONS; Arty 'bodily injury,* "proparty damage,` 'pergonai injury," or "advertising injuryr` M&j& occ►,ra outside - the United States of Amedca; its terrilories and possessiorks, Puerto Riov, or Canada, except to the extent that such intsufance is provided by a policy ('t5ted in th9 Schedule of UrtiderEyiing insurance, and (dr- w broader coverage than is provided by such potic-y, This endarsem. mt does next change any other provision of the pdicy, r� 'I 1 91 AA r%9 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, remediabrng 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 es} THIS ENDORSEMENT CHAt4GES THE POLICY. PLEASE READ IT CAREFULLY. WASHtNGTON ASBESTOS EXCLUSION Exdusion R is deleted from Sackn IV. -EXCLUSIONS and Is replaced by the foltowinq Any hablitty, Including, but not limlled to settlements, judgments, costs, ebarges, expenses, costs of Inves- 59g6ona, or the Fees Qf attomeys, experts, or wnsuitants arPsin(j out of or relWoed in eriy way, either directly or indirectly, to 1, the inhale. on, rngeskn or proronged physicaA exposure to asbestos or goods or products ccxitaining asbestos; = 2, tits use of asbestos In constructing or manufacturing any good, product or structure; 3, the rernoual of asbestos from. any good, product or structure, or 4, Of rrtanu(�Ktgre, s�?la, Ir4ir►5Krlatm, storage w airippiisr 9T a*ne-4ws Ui +jvvqL4,, vi tnvrv+yy •b , asbestos. This endorssrnerrt does not change any other proylslon of the poky. CU 64 32 03 99 Page 1 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: I. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; 2. The CAN-SPAM Act of 2003, including any amendment of or addition to such law; 3. The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or 4. Any federal, state or Local statute, ordinance or regulation, other than TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. 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 CU64920714 THIS ENDORSEMENT CHANGES THE POLICY. PLF-ASE READ rT CAREFULLY. AMENDMENT - ELECTRONIC DATA This sndonwmmennt modlRes insurance proylded under the following: COMMERCIAL UMBRELLA COVERAGE PART A. The fdlowing exclusion is added to Section IV. EXCLUSIONS: This ktsuranee does not apply to: Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to rnanipufata AWoVonic daW. This exelursion dceos not apply to liability for damagm because of "bodily injury', bul only to the extent that insurance is provided for such damages by a ooiicu listed in the Schedule of Llndedyirxt Insi-manca, 0rtd for no broader coverage than is p(0- vided by such policy. 8- Semen V, DEFINIMNS is anwniJed as fpllaa: 1. Deirnitinn M. is repfacod by tho following' M. 'Property darnago" means: 1. physical injury w tangible property, including aA resulting loss of use of that property. All such toss of use stiall be deemed to occur at ttia time of the physical injury that caused it; or 2, loss of use of tav-ble property that is not physicaify injuTed, Ali such icr$s of use shall be deemed to oar at the time of the `occurrence that caused IL For the purposes of this insurarw,�e, `electronic data" is not tar+giible property, 2, For the purposes of this endorwrnant, the &Alowinq derinitic.�n is added Tfectronic data' means, information, facts or programs stored as or: on, crsaled or used on, or transmitted to or from computef software, including systems anri applications softyeare, hard or floppy disks. MitOM4 , tapes, drives, cells, data processirtig deviwn, or any olhsr media which are used with eledronically conlrolfed equipment. Thi:� en4kKseawnt does not change any other p.nxvigion of the palrcy, Q 2014 Liberty Mutual Insurance,Ail rights rasar4ed: CU 64 42 07 14 Indude$4ppyrlghted rtiobeAol of InsuranaeServikesQtfice,lim,with es Rermissicn. Page 1 of 1 CU 64 87 10 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECONOMIC OR TRADE SANCTIONS CONDITION ENDORSEMENT The following Is added to Section VI - CONDITIONS: Economic or Trade Sanctions If coverage for a claim or suit under this policy is in violation of any United States of America economic or trade sanctions, including but not limited to, sanctions administered and enforced by the United States Treasury Department's Office of Foreign Assets Control ("OFAC"), then coverage for that claim or suit will be null and void. This endorsement does not change any other provision of the policy. CU 64 87 10 05 CU 64 92 01 13 THIS ENDORSEMENT CHANGE9 THE POLICY, Pt EASE R1l A©IT CAREFULLY, MOBILE EQUIPMENT - FOLLOWING FORM This ender Mnant modifies insurance provided under the f6lowirlg, CCOMIUFROAL WgREiLA COV5 AGE PART 1, The fallowing exd s►im Es voided to Section IV, -MLUSIONS, This insurance dims riot apply to,. Arty ilabilty for or arlsing out of the ownership, rnain(&nance, urseo or entn stmem to others of any "mobile egOpmenC. Use includes uperp5w anti 'loading' or 'unloading', Thiq exclusion applies even it the claims against any "Insured' ail"e riegllgenre orother wrongdoing in the supel�vlsian, hiring, empfayrnent, trainiN ar mwif4rir►g of others by the 'Inf,urvd", avow This ox6 sir rt dry net apply to the axt-ant that insura:ncs for such liability is proAded tr{ a policy lisp ki the Schedule of Underiying losurance, and for ric oroader co4erage milli its pruviami Up 3Vi-it u�liyx 2, P"caph 1, under Seuti4rt V. t3FFINiTIONS is repiaQed by the f41awing- 1. `Mobila equipmonf means motile oquipment v.- it is defined in the applicable 'undprtying insur- ance". This endgcuement does mt ghangt� any gtther pmvisiun of the policy. 20f 2 Litrerly i,lutusl Insurance Ctl 64 92 01 13 Includes copyrighted material of Imirsno-e Sermas Oft--Inc.,with as permisalon. Page 1 of 1 CU 64 95 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ rr CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us to the extent that such Insurance is provided by a policy listed in the Schedule of Underlying Insurance, and for no broader coverage than is provided by such policy. This endorsement does not change any other provisions of the policy. CU 64 95 12 07 COMMERCIAL UMBRELLA CU 65 08 04 45 THIS ENDORSEMENT CH,A+rfOES THE POLICY, PLEASE READ IT CAREFULLY, EXCLUSION OF RUNnWE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance p(ovWed under the following; COMMERCIAL UMBRELLA COVERAGE FORM A. The follovAng exctusion Is added, This insurance d403 not appty to: TERRORISM PUNITP+fE DAMAGES Damages arising, directly cr indirectly, out of a -oertfoad act of retrorism- that are awarded as punitive damages, MEW 'Certifier3 act of terrorism' mearts are act that is cert&W ty the, Socr8tary of the Treasury, in accordance with the provisions of the federal Terrorism Risk insurance Act, to be an act of terron3m pursuant to such Act. The criteria contained in the Tereafism Risk lnsurance Act for a "oertifwad act of ter(wism' inlude the following; 1. The act resulted in insur2d losses in excess of S5 miller in the aggregate, attributaWe to ell types of Insurance subject to the Terrorism RJsk insurance Act; and Z. The act is a vioient act or an act that is dangerous to human life, property or infrastructure and is oommitted by art cndividuat of individuals as part of an effort to coerce the civilian population of the United States or to influence itte policy or affect the cxiduct of the United States Gov mmecrt by coercion_ C, The terms and limitations of any tertarlsm exclusion, or the inapplicabillty or omission of a terrcrism exc;tusion, do roul Serve to create ruvergge for injury c)r daw9e that is otherwise exclvded under this prollcy, This endorsement does mt change any other provision of the policy. 't 20151-iberty tvlutuel (murance CU 65 0 01 11 (ndudes oopyrighttd matefizi of Inuirano� srviCeg Qtric�,(nc„with a permis;ipn. P age 4 SrF 1 COMMERCIAL UMBRELLA C U 88 01 12 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ fT 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 Offlca,with its permission. Page 1 of 1 CU $8 04 07 14 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. PROFESSIONAL SERVICES EXCLUSION Thk endorsement modifies in8uranCa provided under thei tolfawing: COIVI+ RCIAL UMBRELLA COVERAGE PART The following ex0us4arn is added to 5eclion IV, - EXCLUSlC N$, This insurance does not appty to: "Bodily injury', "property damaige', `persona{ injury" , `advati ing injury' of "personal and adnrlising iNury" caused by lNe rendering of ¢r failure to render any prafesslunal 8erviQe. This Includes but is not limited t,o: 1, Legal, accounting or advertising sen4ice3; 2, Preparing, approving, 4r Wing to prepsire or approve maps, dr-.;rtiuinq, opinions, reports, surveys, change orders, designs or speciTmbons; 3, 5uperylsory, inspection or engineering services; i 4. Medival, surgical, dental, x-ray or nursing services treatment, advice or instruction; 9, Any h"[1h or therapeutic service tnaatroerit, advice of instruction{; Any service, treatment, advice or instruction for the purpose of appearance or skin anhanca- mer t, hair removal or replacement or personal grocming; 7, Optometry or optical or hearing aid wvicas including Erie preo.&IJIV, Preparation, fitting, demonstrabon or distribution of ophthaftnic tenses and similar products or hrearing aid deviioss, S. Body pletcing ser+vlcas; and 4, Services in the prsct ce of pharrrmcy. This excfusion applies even if the %tairn9' against any "Insonl,-T atiege neglig me, or n#her wrongdoing in the supervislon, hiring, omp"ment. training or amlloftng of others by that "Ingured", if the 'accurrenae 'uffense" or other act, error or wj5siQn irwol ved tF rendering of or failure to render .any profess" service: This endorsement does mt charge any other provision of the policy, O 2014 Liberty MuILW In&".oe.Am rights reserved. CV 88 04 07 14 Includes cowyrighted rnabwai of Insurance Services Office,I'm.,with As pennissian, Pang" 1 of 1 COMMERCIAL UMBRELLA CU 88 27 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON EMPLOYMENT-RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA COVERAGE PART Exclusion O. under Section IV - Exclusions is replaced by the following: This insurance does not apply to: O. "Bodily injury", "personal injury" or "advertising injury" to: 1. A person arising out of any: a. Refusal to employ that person; b. Termination of that person's employment; or c. Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or 2. The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment-related practices described in Paragraphs 1.a., 1.b., or S.c. above is directed. This exclusion applies: 1. Whether the injury-causing event described in Paragraphs 1.a., 1.b. or 1.c. above occurs before employment, during employment or after employment of that person; 2. Whether the insured may be liable as an employer or in any other capacity; and 3. To any obligation to share damages with or repay someone else who must pay damages because of the injury. However, Paragraphs 1.a. and 2, of this exclusion do not apply if such "bodily injury", "personal injury" or "advertising injury' is sustained by any employee of the insured whose employment is subject to the Industrial Insurance Act of Washington (Washington Revised Code Title 51). This endorsement does not change any other provision of the policy. CU 88 27 12 07 includes copyrighted material of Insurance Services 0Mce,with Its permission Page 1 of 1 COMMERCIAL UMBRELLA., CU s8 31 05 09 THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY, PERSONAL AND ADVERTISING INJURY - FOLLOWING FORM This endorsement modifies insurance provided under the folbwrtirV: COMMERCIAL UM5RELtA CDVERAGE PAIN A, SECTION I. COVERAGE under the INSURING AGREEMENTS is �tace!i by th fallowing: 1. COVERAGE A. We will pay on behalf of the Insured" those sums in excess of the "Retained Umit" that the "Insured" bscom6s legally abligatod to pay by reason at liability imposed by law or assumed by the 'Insured" under an "insured contract" because of "bodr�r injury", "property damage' or `personal and advertising injury' to wrTtit& this insurance applies_ The amount we will pay for damages is limited as described in the INSURING AGREEMENT, SECTM II. LIMITS OF INSURANCE. No olllar obligation or liability to pay sums or perform acts or sarvices is coverall unless explicitly provided for under SECTION W. DEFENSE, U. Thia insuraroce applies to: 1. '6rxlrly injury' or "property damage" only if _NW a. The 'bodily anjury' or"property damage" occurs during the Policy Period; and b, The "bodily injury" or 'property dlarnage' is caused by $n "Q=urrence Happening anywhere; and c. Prior to the Paficy Period, no 'Insured" listed under paragraphs 1a., 2., S. or 4, of dainition F. under SECTION V. DEFINITIONS, and no employee authorized by you to give or receive notice of an "oovurre+nce' or "claim', knew that the "bodily injury' or 'property damage" had occurred; in wwhola or in part. If such a listed 1asumd" or authorized employee knew, prior ro the RAcy Period, that the "bodily injury" or 'property damage accurmcl, Men any continuation, change or resumption of mAch 'bodily injury" or 'pwperty damage" during or after the Policy Period will be deemed to have boon known C(Kw to the Poky Period. 2. 'Personal and advertising intuiryr caused by an "offense' arising out of your business but only if the "offerrm" wiat committed daring the Policy Period. C. "Bodily Injury' or 'property damage" which occurs during the Poky Pevlod am was not, prior Io tt e Policy Period, known to hate occurred by any "Irtsuredv listed under paragraphs 1.a-, 2- 3. or d, of definition F. under SECTION V. DEFINITIONS, or any employee authorized by you to give or receive notice arf an "owunrence' ur %,laiirn", inducde:4 any can iouation, ehorrge Qr resumption of that 'bodily injury" <w'property damage" after the end of the Policy Period. D. "Bodily injury' or "property damage" witi be deemed to have been known to have occurred at the earliest time when arty "Insured" listarl under paragtAphg i.a., 2., 3. or 4. of defiinitfon F, under SECTIDN V, DEF;NMONS, or any employee authorized by you to give or receive notice of an'occurrence" ar"cfaim'. 4. Reports all, or any part, of the "bodily injury" or 'property damage' to us or any o4her insum(: 2. Rwoerves a written or verbal demand or "claim" W damages because of "bodily injury' or 'Property darrwge"; Or 3. Becomes awma by any olher means that 'bodily ury' or 'property damage' has oc- curred or has begun to ocmr, IW Damages because of 'bodiy injury' include damages daim&d by arty person or orjanizaG on for care, loss or services or death resulting at any time from the "bodily Injury", 02010 LAWrty Mutual 1r*urance Company.All rigtus re*erved. CU 88 31 05 09 Includes copyTighted material of Insurance Serw as Ofte-,Inc.,wlh its permiaslon. Page 1 of 4 E ,SECTION II. LiMiTS OF INSURANCE is amended as follows: 1. Paragraph B.is replaced by the following: B. The General Aggregate Limit is the most we will pay for all damages covered under SECTION I. COVERAGE of the INSURING AGREEMENTS, except: 1. Damages included in the "products-complete operations hazard"; and 2. Coverages included in the policies listed in the Schedule of Underlying Insurance to which no underlying aggregate limit applies. The amount stated on the Declarations as the General Aggregate Limit is the most we will pay for all damages arising out of any "bodily injury", "property damage" or 'personal and ad- vertising injury' subject to an aggregate limit in the "underlying insurance". The General Aggregate applies separately and in the same manner as the aggregate limits in the "underlying insurance". 2. Paragraph D. is replaced by the following: D. Subject to B. or C. in SECTION 11. LIMITS OF INSURANCE, whichever applies, the Each Occur- rence Limit is the most we will pay for "bodily injury", "property damage" or "personal and advertising injury" covered under SECTION I. COVERAGE of the INSURING AGREEMENTS because of all: 1. "Bodily injury" or "property damage" arising out of one "occurrence"; and 2. "Personal and advertising injury" arising out of one "offense". 3. Provision 2. of paragraph G. is replaced by the following: 2. the amount stated in the Declarations as the Self- Insured Retention as a result of any one "occurrence' or one "offense" not covered by the underlying policies listed in the Schedule of Underlying Insurance nor by any other insurance providing coverage to the "Insured" during the Policy Period; SECTION III. DEFENSE is amended as follows: 1. Paragraph A. is replaced by the following: A. We will have the right and duty to Investigate any "claim" and defend any 'suit" seeking damages covered by the terms and conditions of the policy when: 1. The applicable Limits of Insurance of the underlying policies listed in the Schedule of Undert&g Insurance and the Limits of Insurance of any other insurance providing cov- erage to the 'Insured" have been exhausted by actual payment of "claims" for any "occur- rence" or "offense" to which this policy applies; or 2. Damages are sought for any one 'occurrence" or "offense' which is covered by this policy but not covered by any underlying policies listed in the Schedule of Underlying Insurance or any other insurance providing coverage to the "Insured". 2. Paragraph B.I. is replaced by the following: I. 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 Ili. DEFENSE, we will not be obligated to assume charge of the investigation, settlement or defense of any "claim' or "suit" against the "Insured." We will, however, have the right and will be given the opportunity to participate in the settlement, defense and trial of any "claim" or "suit" relative to any "occurrence' or "offense" which, in our opinion, may create liability on our part under the terms of this policy. If we exercise such right, we will do so at our own expense. 02010 Liberty Mutual Insurance Company.All rights reserved_ CU 88 31 05 09 Includes copyrighted material of Insurance Service's office,Inc.,with its permission. Page 2 of 4 L�q L eaeA -uolsvlwjed sy 41w'"Dul'40WO SWAUagxOue nsul po Jsualew PK46PaOO sepnpul m a 4t vs no psmesw eullkj I[V'Auedwo:D sxrjnmu lem►y►V Auegr10602. -Azigod aqj jo uolslAwd .jeglca Aug abvF,,pv Wu seap lua"wwopue !oq pawlelp'j jra paudglpucyo'a 'PQlakMi uaaq 'MIN j0 aq C4 paPualui We Liym slaualew sap►Ou! MINIM alse�y •leljislew 9MM pug slealtuaya 11194le ^spree 'sewrq 'loos 'joder, 's>fows 'ol D�JwA Ifni Inq 'sulpolaul 'luaLijWeludn jd lugjlj-i! 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Apadajd Aue jo „queIngod. atl..L IQ) .p »eque4nsA 6ulApopun, Aq p7ajehrxa ,acne{ ue uvdn )e u! 14u „sjve;nWd, of lruadsaj t nn �paingul. ue an palim ja Aq paumo sasp,ajd wwj Aems aoeld ;D44m Ie ,saouawjnac�Q, �$) -jueux4nbe opgow.to uollluyep sip to -79 pue •q g v4de fled uq peosll lijauxi!nba Aue p uo4mad aLpjo Info saua you sa6v ta6ewap At Adnjd, so ,Lrj u! AI!paq. ay,)_ (4) pus :,s1us1 -rlvd, ~Jams jo asaisv ju en►euej 'ems 'Plv4 01 iaAnlae;nuew si! Aq peuDK*p ljed .olne. Ue wojj Allowip poss;34w jo pawadslp 'p-a&egopp aje jo ;D eP.A Lu 'daas 'ade3sa .slLmnilod. aqi it) :jJ %vmd s1! j4 �eoueinsw OuJXpjepun polnpa4M. Aq pauaAoo .OMg. ug 40 butuoploljN Iequreupaw jo slln*JpA4 '1 W. Pala IOLWou N1 wOJJ 14nsej xj jcl p opeou e.re mn ..etuetnryod. mWAs j*41Q m smm5 lsne4xa 'spiry} 5quegjgnj 'stand (L) -joloejluoogns jo jaina4uoo' 4 040q jnoA uc jo noA 4 Pauneo}rad 6ueaq suopajado 411m u©lpauuoa ul 6uiplpnq )eq olul l4Bnojq slepjalew wojl sjodeA jo sawr4 'sase6 iz asealaj ag Aq pasneo puis 6ulplinq Lt, up 4llm pau!e15ns ,gC we.p tyj;�tlrjd- jb �lunjut AI!i 8. (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 Undertying 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 40 2012 City Mutual Insurance Inctudes copyrighted material of Insurance ServJM3 CMCB, Inc.,with Its permission. Page 1 of 1 COMMERCtAL UMBRELLA CU " 21 07 15 THIS ENDORSEMEIRT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. AMENDMENT OF AIRCRAFT EXCLUSION This ondorsem&nt modifies insurance lxwded under the folly ing_ COMMERCIAL UMBRELLA COVERAGE PART provision 3.of paragraph Q. under Santion W. EXCLUSIONS is rsplabed !yy WIA following: WE This insurance does riot apply to: Q. The Vlowir►g items 1. through 4,, except to the extent that such insurarrae is provided by a poky fisted in the Schedule of Underlying Insurance, anti for w broader covaraga than is provided by such policy; 3, "Bodily injury" or "property damage" arising out of the ownership, rnaintefnance, use or en- ."•...++ rd 3f►v �2iri'4zft it cwtit1 aireyaft is owned or warated by or (anted or loaned to any "Ensured*. Use incWes operation and "loadkW or 'unk)"ng`, This exclusion applies oven d the daims against any "Insured" altega nagfigertce of other wfwg6oing in the suparvi- iffim— slon, hiring. ewfoyment, trainiN or nnonitvring of others by the "IrmFed', This endorsement does not change any outer provision of the policy. 205 Utaerty►Mutual insurance Cu 89 21 07 is Indudes copyrighted matertal of Insurance Seroces Offloe,truc.,wwh;h ds pennlsalon. Page 1 of 1 COMMERCIAL UMBRELLA CU 89 45 10 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ FT 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 "sutr arising out of: 1. Any access to or disclosure of any person's or organization's confidential or personal information, including but not limited to patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or 2. The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data-. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses, fines, penalties (including but not limited to, fees or surcharges from affected financial institutions) or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However, unless Paragraph 1 above applies, this exclusion does not apply to damages because of `bodily injury". 1 S. The following definition is added to Section V-DEFINITIONS: "Electronic data' means information, facts or programs stored as or on, created or used on, or transmit- ted to or from computer software, including but not limited to systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. This endorsement does not change any other provisions of the policy. 2014 CU 89 45 10 14 Includes copyrighted material of I surraan Insurance.Mutual ce Servicesotfice,inc„with its permission. Page 1 of 1