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HomeMy WebLinkAboutPW18-010 - Amendment - #2 - Interactive Pipe Inspection - S 228th St UP Grade Separation Pipe Inspection Services - 12/09/2021Nancy Y. for Susanne Smith Public Works 12/08/2021 12/10/2021 N/A R90067 N/A Interactive Pipe Inspection Contract Amendment S. 228th St. UP Grade Separation Extend the time of completion to December 31, 2022. Other 12/31/22 $0 PW18-010 12/09/2021 AMENDMENT - 1 OF 2 AMENDMENT NO. 2 NAME OF CONSULTANT OR VENDOR: Interactive Pipe Inspection CONTRACT NAME & PROJECT NUMBER: S. 228th St. UP Grade Separation ORIGINAL AGREEMENT DATE: January 8, 2018 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor’s work is modified as follows: 1. Section I of the Agreement, entitled “Description of Work,” is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: No change to the scope of work, however an amendment is needed to extend the time of completion to December 31, 2022 due to the project will be completed in 2022. 2. The contract amount and time for performance provisions of Section II “Time of Completion,” and Section III, “Compensation,” are modified as follows: Original Contract Sum, including applicable WSST $ Net Change by Previous Amendments including applicable WSST $ Current Contract Amount including all previous amendments $ Current Amendment Sum $ Applicable WSST Tax on this Amendment $ Revised Contract Sum $ Original Time for Completion 12/30/20 (insert date) Revised Time for Completion under 12/31/21 prior Amendments (insert date) Add'I Days Required (f) for this 365 calendar days Amendment Revised Time for Completion 12/31/22 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: G�A By : �` By: M&�� (signature) (signatu ) Prin e: 'Z)knfi� C ; �- Print Name: Carla Maloney, P.E. Its Its Design Engineering Manager �T (title) DATE: �tAile) DATE: ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent City Clerk Kent Law Department Interactive PIpe Inspection - 228°M1 UP Grade Sep Amd 2/Smith AMENDMENT - 2 OF 2 Client#: 88321 INSTPIPE ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1 5/13/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Michelle Wolfe NAME: Propel Insurance PHONE 800 499-0933 FAX 866 877-1326 A/C No Ext : A/C, No Commercial E-MAIL ADDRESS: michelle.wolfe@propelinsurance.com p PO Box 2940 INSURERS) AFFORDING COVERAGE NAIC # Tacoma, WA 98401-2940 INSURER A: Western National Mutual Insurance Co. 15377 INSURED INSURER B : Ohio Security Insurance Company 24082 Insta-Pipe, Inc. Crum 8r Forster Specialty Insurance INSURER C : P tY 44520 855 Trosper Rd SW Ste 108-204 The Ohio Casualty Insurance Company INSURER D : Y P Y 24074 Tumwater, WA 98512-8108 Evanston Insurance Company INSURER E : p Y 35378 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LT R LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR PD Ded:1,000 CPP123838501 5/17/2021 05/17/2022 EACH OCCURRENCE $1 000 000 PREMISES ERENTED nce $1,000,000 X MED EXP (Any one person) $15 000 PERSONAL & ADV INJURY $1,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY X1 JECOT LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY CPP123659401 5/17/2021 05/17/2022 Ea aINED acid.",) SINGLE LIMIT $1,000,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE UMB104036501 5/17/2021 05/17/2022 EACH OCCURRENCE s7,000,000 AGGREGATE s7,000,000 DED I X RETENTION $10000 $ B A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? � (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A XWS56110659 (MO & ID) CPP123838501 WA Stop Gap) 05/09/2021 05/09/202 X PER OH - TAT TE ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1 000 000 , , C D E Professional Liab Install Floater Pollution Liab. EE0103768 BM061358405 CPLMOL105016 05/17/2021 05/17/2021 12/29/2020 05/17/202 05/17/2022 12/29/2021 $5,000,000/ $10,000 Ded $100,000 Per Jobsite $1,000,000 / $1,000 Ded DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Contract - S. 228th St. UP Grade Separation. City of Kent is named as an additional insured per the attached endorsements. ILI] a Gi In a L7f_11 I a• i PJ A.J aC AL\C Nf AAAGU Lai City of Kent 220 4th Ave S Kent, WA 98032 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 1 of 1 #S4616940/M4616893 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD JK00 This page has been left blank intentionally. COMMERICAL GENERAL LIABILITY WNGL390818 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage en- hancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is pro- vided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Bodily Injury And Property Damage Liability • Non Owned Watercraft Up To 50 Feet...............................................................................2 Property Damage Liability • Elevators..........................................................................................................................3 • Fire, Lightning, Explosion Or Sprinkler Leakage Exception..................................................3 • Borrowed Equipment ($25,000 Per Occurrence, $50,000 Aggregate, $2,500 Deductible Per Occurrence.................................................................................3 Supplementary Payments — Amended • Bail Bonds Up To$5,000...................................................................................................4 • Loss of Earnings Up To $500/Day.....................................................................................4 Who Is An Insured Amendments • Employee Bodily Injury To A Co-Employee.........................................................................4 • Newly Formed Or Acquired Organizations For Up To 180 Days...........................................4 • Blanket Additional Insured — Vendors —As Required By Contract........................................4 • Blanket Additional Insured — Lessor Of Leased Equipment..................................................6 • Blanket Additional Insured — Managers Or Lessors Of Premises..........................................6 • Blanket Additional Insured — State Or Governmental Agency Or Subdivision Or Political Subdivision — Permits Or Authorizations.........................................................7 • Blanket Additional Insured — State Or Governmental Agency Or Subdivision Or Political Subdivision — Permits Or Authorizations Relating To Premises ........................8 Damage To Premises Rented To You —$300,000.........................................................................9 Medical Payments Increased Limit — $10,000 Or Amount Shown on Declarations ...........................9 Conditions • Knowledge of Occurrence, Offense, Claim Or Suit Amended...............................................9 • Unintentional Failure To Disclose Hazards.........................................................................9 • Waiver of Subrogation..................................................................................................... 10 InsuredContract Amended.......................................................................................................... 10 Personal And Advertising Injury Redefined • Televised, Videotaped Or Electronic Publication............................................................... 10 WN GL 39 08 18 Includes copyrighted material of the Insurance Service Cff ice, Inc., with its permission. Page 1 of 10 COMMERCIAL GENERAL LIABILITY WNGL390818 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. SECTION I —COVERAGES AMENDMENTS (3) Parking an "auto" on, or on the ways next to, COVERAGE A — BODILY INJURY AND PROPERTY premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or DAMAGE LIABILITY the insured; A. Non Owned Aircraft Or Watercraft (4) Liability assumed under any "insured con - Item 2. Exclusions, Paragraph g. is replaced by the tract" for the ownership, maintenance or use following: of aircraft or watercraft; or g. Aircraft, Auto Or Watercraft (5) "Bodily injury" or "property damage" arising "Bodily injury" or "property damage" arising out of out of: the ownership, maintenance, use or entrustment (a) The operation of machinery or equipment to others of any aircraft, "auto" or watercraft that is attached to, or part of, a land owned or operated by or rented or loaned to any vehicle that would qualify under the insured. Use includes operation and "loading or definition of "mobile equipment" if it were unloading". not subject to a compulsory or financial This exclusion applies even if the claims against responsibility law or other motor vehicle any insured allege negligence or other wrong- insurance law where it is licensed or doing in the supervision, hiring, employment, principally garaged; or training or monitoring of others by that insured, if (b) The operation of any of the machinery or the "occurrence" which caused the "bodily injury" equipment listed in Paragraph f. (2) or f. or "property damage" involved in the ownership, (3) of the definition of "mobile equip - maintenance, use or entrustment to others of any ment". aircraft, "auto" or watercraft that is owned or B. Damage To Property Coverage Extensions operated by or rented or loaned to any insured. Item 2. Exclusions, Paragraph j. is replaced by the This exclusion does not apply to: following: (1) A watercraft while ashore on premises you j. Damage To Property own or rent; (2) A watercraft you do not own that is: "Property damage" to: (1) Property you own, rent, or occupy, including (a) Less than 50 feet long; and any costs or expenses incurred by you, or (b) Not being used to carry persons or prop- any other person, organization or entity, for erty for a charge; repair, replacement, enhancement, restora- This Subparagraph (2) applies to any person, tion or maintenance of such property for any who with your expressed or implied consent, reason, including prevention of injury to a either uses or is responsible for the use of the person or damage to another's property; watercraft; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 2 of 10 (3) Property loaned to you; (4) Personal property in the care, custody or con- trol of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion or sprinkler leakage) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III — LIMITS OF INSURANCE. However, the provisions of this paragraph do not apply if coverage for Damage To Premises Rented To You is excluded by endorsement. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while not being used to perform operations at the jobsite. Subject to Paragraph 2. of SECTION III — LIMITS OF INSURANCE, the rules below fix the most we will pay for "property damage" under this provision: (1) $25,000 any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence"; (2) $50,000 annual aggregate; and (3) We will pay only for damages in excess of $2,500 as a result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that 'occurrence". We may, or if required by law, pay all or any part of any deductible amount, if applicable, to effect settlement of any claim or "suit". Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -com- pleted operations hazard". The insurance provided for "property damage" from the use of elevators and for "property damage" to borrowed equipment is excess over any other valid and collectible property insurance (including any de- ductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis. C. Damage To Premises Rented To You Item 2. Exclusions, the last paragraph is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Paragraph 6. of SECTION III — LIMITS OF INSURANCE. COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY D. Personal And Advertising Injury Item 2. Exclusions is amended by replacing Sub- paragraphs b. and c. with the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material whose first publication took place before the beginning of the policy period. SUPPLEMENTARY PAYMENTS —COVERAGES A AND B E. Supplementary Payments — Coverages A and B Item 1. is amended by replacing Subparagraphs b. and d. with the following: b. Up to $5,000 for cost of bail bonds required be- cause of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit', including actual loss of earnings up to $500 a day because of time off from work. WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 3 of 10 SECTION II —WHO IS AN INSURED AMENDMENTS The following are added: A. Employee Bodily Injury To A Co -Employee C. Paragraph 2. a. (1) is replaced by the following: However, none of these "employees" or "volunteer workers" are insureds for "bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co - "employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of the co -"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if a suit seeking damages for "bodily injury" or "personal and advertising injury" to any co - "employee" or other "volunteer worker" arising out of and in the course of the co -"employee's" or "volunteer worker's" employment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of the co -"employee" or other "volunteer worker', is brought against you or a co - "employee" or a "volunteer worker", we will reimburse the reasonable costs that you incur in providing a defense to the co -"employee" or "volunteer worker" against such matters. Any reimbursement made pursuant to this sub -section will be in addition to the limits of liability set forth in the Declarations. B. Newly Acquired Organizations Paragraph 3. a. is replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; Blanket Additional Insured — Vendors — As Re- quired By Contract 1. Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) (referred to throughout this endorsement as vendor) with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. However, a. The insurance afforded to such vendor only applies to the extent permitted by law; and b. If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. 2. With respect to the insurance afforded to these vendors, the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay dam- ages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 4 of 10 (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (4) or (6); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 3. This Provision C. does not apply: a. To any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products; b. To any vendor for which coverage as an addi - tional insured specifically is scheduled by endorsement; or c. When liability included within the "products - completed operations hazard" has been ex- cluded for such product either by the provi- sions of the coverage part or by endorse- ment. 4. With respect to the insurance afforded to these vendors, the following is added to Section III — Limits Of Insurance: If coverage provided to the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 5. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 5 of 10 D. Blanket Additional Insured — Lessor Of Leased Equipment 1. Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement, executed prior to loss, that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an addi- tional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. 2. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 4. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. E. Blanket Additional Insured — Managers Or Les- sors Of Premises 1. Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you, subject to the following additional exclusions: This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 6 of 10 However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. F. Blanket Additional Insured — State Or Governmental Agency Or Subdivision Or Political Subdivision — Permits Or Authorizations Section II — Who Is An Insured is amended to in- clude as an additional insured any state or governmental agency or subdivision or political subdivision with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, subject to the following provisions: 1. This insurance applies only with respect to op- erations performed by you or on your behalf for which the state or governmental agency or sub- division or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or "per- sonal and advertising injury" arising out of op- erations performed for the federal govern- ment, state or municipality; or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard". 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 7 of 10 4. With respect to the insurance afforded to these b. The construction, erection or removal of additional insureds, the following additional elevators; or exclusion applies: c. The ownership, maintenance or use of any This insurance does not apply to: elevators covered by this insurance. a. "Bodily injury", "property damage" or However, "personal and advertising injury" arising out a. The insurance afforded to such additional of the rendering of, or the failure to render, insured only applies to the extent permitted any professional architectural, engineering or by law; and surveying services, including: b. If coverage provided to the additional insured (1) The preparing, approving, or failing to is required by a contract or agreement, the prepare or approve, maps, shop insurance afforded to such additional insured drawings, opinions, reports, surveys, will not be broader than that which you are field orders, change orders or drawings required by the contract or agreement to and specifications; or provide for such additional insured. (2) Supervisory, inspection, architectural or 2. With respect to the insurance afforded to these engineering activities. additional insureds, the following is added to This exclusion applies even if the claims Section III — Limits Of Insurance: against an additional insured allege If coverage provided to the additional insured is negligence or other wrongdoing in the required by a contract or agreement, the most we supervision, hiring, employment, training or will pay on behalf of the additional insured is: monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" a. The minimum amount required by the or "property damage", or the offense which contract or agreement; or caused the "personal and advertising injury", b. The Limits of Insurance shown in the involved the rendering of or failure to render Declarations; any professional services by you with respect to your providing engineering, architectural or whichever is less. surveying services in your capacity as an This endorsement shall not increase the engineer, architect or surveyor. applicable Limits of Insurance shown in the G. Blanket Additional Insured — State Or Declarations. Governmental Agency Or Subdivision Or Political 3. With respect to the insurance afforded to these Subdivision — Permits Or Authorizations Relating additional insureds, the following additional To Premises exclusion applies: Section II — Who Is An Insured is amended to in- This insurance does not apply to: clude as an additional insured any state or a. "Bodily injury", "property damage" or governmental agency or subdivision or political "personal and advertising injury" arising out subdivision with whom you have agreed in a written of the rendering of, or the failure to render, contract, executed prior to loss, to name as an any professional architectural, engineering or additional insured, subject to the following provision: surveying services, including: 1. This insurance applies only with respect to the fol- (1) The preparing, approving, or failing to lowing hazards for which the state or prepare or approve, maps, shop governmental agency or subdivision or political drawings, opinions, reports, surveys, subdivision has issued a permit or authorization field orders, change orders or drawings in connection with premises you own, rent or and specifications; or control and to which this insurance applies: (2) Supervisory, inspection, architectural or a. The existence, maintenance, repair, engineering activities. construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 8 of 10 This exclusion applies even if the claims SECTION IV — COMMERCIAL GENERAL LIABILITY against an additional insured allege CONDITIONS AMENDMENTS negligence or other wrongdoing in the supervision, hiring, employment, training or A. Knowledge Of Occurrence monitoring of others by that insured, if the Item 2. Duties In The Event Of Occurrence, Of - "occurrence" which caused the "bodily injury" fense, Claim or Suit is amended by adding the fol- or "property damage", or the offense which lowing: caused the "personal and advertising injury", e. You must give us or our authorized representa- involved the rendering of or failure to render tive prompt notice of an "occurrence", claim or any professional services by you with respect loss only when the "occurrence", claim or loss is to your providing engineering, architectural or known to: surveying services in your capacity as an engineer, architect or sur\teyor. (1) You, if you are an individual; (2) A partner, if you are a partnership; SECTION III —LIMITS OF INSURANCE AMENDMENTS (3) An executive officer or insurance manager, if you are a corporation; or A. Damage To Premises Rented To You (4) A member or manager, if you are a limited Paragraph 6. is replaced by the following: liability company. 6. Subject to Paragraph 5. above, the most we will B. Other Insurance pay under Coverage A for damages because of Item 4. Other Insurance, b. Excess Insurance (1) "property damage" to any one premises, while (a) (ii) is replaced by the following: rented to you, or in the case of damage by fire, lightning, explosion or sprinkler leakage, while (ii) That is fire, lightning, explosion or sprinkler leak - rented to you or temporarily occupied by you with age insurance for premises rented to you or permission of the owner is the greater of: temporarily occupied by you with permission of the owner; a. $300,000; or C. Unintentional Failure To Disclose Hazards b. The amount shown next to the Damage To Item 6. Representations is replaced by the following: Premises Rented To You Limit in the Decla- rations. 6. Representations And Unintentional Failure To However, the provisions of this paragraph do not Disclose Hazards apply if Damage To Premises Rented To You a. By accepting this policy, you agree: Coverage is excluded by endorsement. (1) The statements in the Declarations are accurate and complete; B. Medical Expense Limit (2) Those statements are based upon repre- Paragraph 7. is replaced with the following: sentations you made to us; and 7. Subject to Paragraph 5. above, the most we will (3) We have issued this policy in reliance pay under Coverage C for all medical expenses "bodily upon your representations. because of injury" sustained by any one person is the greater of: b. If you unintentionally fail to disclose any haz- ards existing at the inception date of your a. $10,000; or policy, we will not deny coverage under this b. The amount shown next to the Medical Ex- Coverage Part because of such failure. pense Limit in the Declarations. However, this provision does not affect our This insurance does not apply if coverage for right to collect additional premium or exercise Medical Expenses is excluded either by the pro- our right of cancellation or non -renewal. visions of the coverage part or by endorsement. WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 9 of 10 D. Waiver of Subrogation Item 8. Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract, executed prior to loss, requiring such waiver with that person or organization and included in the "products -completed operations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. SECTION V — DEFINITIONS AMENDMENTS A. Insured Contract Amended Paragraph 9. a. is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract'; B. Personal And Advertising Injury Redefined Paragraph 14. d. and e. are replaced by the following: d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or service; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; WN GL 39 08 18 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 10 of 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. B. With respect to Additional Insured — Com- pleted Operations, coverage is limited as fol- lows: (1) A person or organization's status as an in- sured under Additional Insured — Com- pleted Operations continues only for the period of time required by any written con- tract or agreement. (2) The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and ad- vertising injury" arising out of "your work" for which a consolidated (wrap-up) insur- ance program has been provided by the prime contractor -project manager or owner of the construction project in which you are involved. 3. Primary and Noncontributory The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek con- tribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured un- der such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be pri- mary and would not seek contribution from any other insurance available to the additional insured. 4. Other Provisions Applicable to Additional In- sured — Operations and Additional Insured — Completed Operations A. The Amendment of Insured Contract Defini- tion (Endorsement CG 24 26) does not apply to an additional insured. B. The coverage provided under Paragraph f. of the definition of "insured contract" under Sec- tion V — Definitions does not apply to an ad- ditional insured under this endorsement un- less required by a written contract or agreement. C. The insurance afforded to such additional in- sured only applies to the extent permitted by law; and If coverage provided to the additional insured is required by a contract or agreement, the in- surance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to provide for such additional insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: (1) The minimum amount required by the contract or agreement; or (2) The Limits of Insurance shown in the Dec- larations; whichever is less. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Dec- larations. E. With respect to the insurance afforded to these additional insureds, the following addi- tional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "per- sonal and advertising injury" arising out of the rendering of, or the failure to render, any pro- fessional architectural, engineering or survey- ing services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negli- gence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any profes- sional services by you with respect to your providing engineering, architectural or survey- ing services in your capacity as an engineer, architect or surveyor. WN GL 139 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): PER WRITTEN CONTRACT OR AGREE- MENT WHERE YOU AGREED TO PRO- VIDE A SEPARATE GENERAL AGGRE- GATE LIMIT FOR EACH PROJECT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes le- gally obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by acci- dents under Section I — Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Proj- ect General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project Gen- eral Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed oper- ations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Desig- nated Construction Project General Aggre- gate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Opera- tions Aggregate Limit, whichever is ap- plicable; and CG 25 03 05 09 ° Insurance Services Office, Inc., 2008 Page 1 of 2 2. Such payments shall not reduce any Des- ignated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" in- cluded in the "products -completed operations hazard" will reduce the Products -completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Desig- nated Construction Project General Aggregate Limit. D. If the applicable designated construction proj- ect has been abandoned, delayed, or aban- doned and then restarted, or if the authorized contracting parties deviate from plans, blue- prints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section III — Limits Of In- surance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 ° Insurance Services Office, Inc., 2008 CG 25 03 05 09 WN CA 80 06 19 BUSINESS AUTO ENHANCEMENT EDGE ENDORSEMENT The Business Auto Enhancement Edge Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary, refer to the following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Accidental Airbag Deployment Coverage 5 Audio, Visual and Data Electronic Equipment — Limit Amended 5 Auto Loan/Lease Gap Coverage 5 Blanket Additional Insured 3 Blanket Waiver of Subrogation 5 Broadened Definition of Insured includes: • Newly Acquired Organizations for up to 180 Days 2 • Employees as Insureds 2 • Subsidiaries in Which You Own 50% or More 2 Deductible Waiver for Glass Repair 4 Employee Hired Auto 6 Fellow Employee Coverage 3 Hired Auto Physical Damage Coverage 3,6 Knowledge of Accident, Claim, Suit or Loss 5 Loss Of Use Expenses - Amended 3 Personal Effects 3 Primary and Noncontributory If Required by a Written Contract or Written Agreement 6 Rental Reimbursement Coverage 4 Supplementary Payments - Amended: • Bail Bonds up to $5,000 3 • Loss of Earnings up to $500/Day 3 Temporary Substitute Vehicle Physical Damage 2 Towing 3 Transportation Expense Limits —Amended 3 Unintentional Failure to Disclose Hazards 6 WN CA 80 06 19 Page 1 of 6 Includes copyrighted material of Insurance Services Office, with its permission. WN CA 80 06 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCEMENT EDGE ENDORSEMENT This endorsement modifies the insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Business Auto Coverage Form identified in this endorsement will be amended as shown below. SECTION I — COVERED AUTOS COVERAGE e. Any organization which is newly acquired or AMENDMENTS formed by you and over which you maintain A. Temporary Substitute Vehicle Physical Damage majority ownership. However, coverage under SECTION I — COVERED AUTOS, C. Certain this provision: Trailers, Mobile Equipment And Temporary (1) is afforded only for the first 180 days after you Substitute Autos is amended by adding the acquire or form the organization or until the following: end of the policy period, whichever comes If a covered "auto" you own is out of service because first; of its: (2) does not apply to "bodily injury" or "property a. Breakdown; damage" that results from an "accident" that occurred before you formed or acquired the b. Repair; organization; c. Servicing; (3) does not apply to any newly acquired or d. "Loss", or formed organization that is a joint venture or e. Destruction; partnership; and the Physical Damage Coverages provided by the (4) does not apply to an "insured" under any Business Auto Coverage Form for that disabled other automobile liability policy or would be covered "auto" are extended to any "auto" you do not an "insured" under such a policy but for ter - own while used with the permission of its owner as a mination of such policy or the exhaustion of temporary substitute for the covered "auto" that is out such policy's limits of insurance. of service. f. Any "employee" of yours is an "insured" while SECTION II — COVERED AUTOS LIABILITY using a covered "auto" you don't own, hire or COVERAGE AMENDMENTS borrow in your business or your personal affairs. A. Who Is An Insured g. Any "employee" of yours is an "insured" while operating a covered "auto" hired or rented under SECTION II — COVERED AUTOS LIABILITY a contract or agreement in the "employee's" COVERAGE, A. Coverage, 1. Who Is An Insured is name, with your permission, while performing amended to add: duties related to the conduct of your business. d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, "insured" does not include any subsidiary of yours that is an "insured" under any other automobile liability policy or would be an "insured" under such policy but for termination of such policy or the exhaustion on such policy's limits of insurance. WN CA 80 06 19 Includes copyrighted material of Insurance Services Office, with its permission Page 2 of 6 B. Blanket Additional Insured SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, paragraph c. is amended to add the following: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that persons or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. Liability Coverage Extensions — Supplementary Payments SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments is amended by replacing subparagraphs (2) and (4) with the following: (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. D. Fellow Employee Coverage SECTION II — COVERED AUTOS LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee, the following is added: Co -Employee Lawsuit Defense Cost Reimbursement If a suit seeking damages for "bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of that fellow "employee", is brought against you, we will reimburse reasonable costs that you incur in the defense of such matters. Any reimbursement made pursuant to this sub -section will be in addition to the limits of liability set forth in the Declarations. SECTION III — PHYSICAL DAMAGE COVERAGE AMENDMENTS A. Towing SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 2. Towing, is amended by adding the following: 2. Towing We will pay up to $250 for towing and labor costs incurred each time a covered "auto" is disabled. However, the labor must be performed at the place of disablement. This $250 limit is reduced by any applicable towing limit shown in the declarations. Regardless of the number of disablements, the maximum amount we will pay under this endorsement for all towing and labor costs combined during any one year is $2,500. B. Transportation Expense — Limits Amended SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Trans- portation Expenses is amended by replacing $20 per day/$600 maximum limit with $50 per day/$1,000 maximum. C. Hired Auto Physical Damage — Loss Of Use Expenses — Limits Amended SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, b. Loss of Use Expenses is amended by replacing the $20 per day/$600 maximum limit with $50 per day/$750 maximum limit. D. Personal Effects Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: c. Personal Effects We will pay up to $500 for "loss" to personal effects, which are: (1) Owned by an "insured"; and (2) In or on your covered "auto." This coverage applies only in the event of the total theft of your covered "auto." No deductible applies to this coverage WN CA 80 06 19 Includes copyrighted material of Insurance Services Office, with its permission Page 3 of 6 E. Glass Repair — Deductible Waiver SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 3. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles, is amended by adding the following: No deductible will apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. F. Hired Auto Physical Damage SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage is amended by adding the following: 5. Hired Auto Physical Damage If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are pro- vided under this coverage form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire of like kind and use, subject to the following: a. The most we will pay for any one "loss" is $50,000 or the actual cash value or cost to repair or replace, whichever is less, minus a deductible; b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. Any Comprehensive deducti- ble does not apply to "loss" caused by fire or lightening; c. Hired Auto Physical Damage coverage is excess over any other collectible insurance; and d. Subject to the above limit, deductible and excess provisions we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. If a limit for Hired Auto Physical Damage is indicated in the Declarations, then that limit replaces, and is not added to, the $50,000 limit indicated above. G. Rental Reimbursement SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage, is amended by adding the following: 6. Rental Reimbursement This coverage applies only to a covered "auto" of the private passenger or light truck type as follows: a. We will pay for rental reimbursement expenses incurred by you for the rental of a private passenger or light truck type "auto" because of "loss" to a covered private pas- senger or light truck type "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered private passenger or light truck type "auto." No deductibles apply to this coverage. b. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the fol- lowing number of days: (1) The number of days reasonably required to repair or replace the covered private passenger or light truck type "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered private passenger or light truck type "auto" and return it to you; or (2) 30 days. c. Our payment is limited to the lesser of the following amounts: (1) Necessary and actual expenses incurred, or (2) $50 per day, up to a maximum of $1,000. WN CA 80 06 19 Includes copyrighted material of Insurance Services Office, with its permission Page 4 of 6 d. This coverage does not apply while there are spare or reserve private passenger or light truck type "autos" available to you for your operations. e. If "loss" results from the total theft of a covered "auto" of the private passenger or light truck type, we will pay under this cover- age only that amount of your rental reim- bursement expenses which is not already provided for under SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions. For the purposes of this Rental Reimbursement coverage, light truck is defined as a truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as the maximum loaded weight the auto is designed to carry. H. Accidental Airbag Deployment Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage is amended by adding the following: 7. Accidental Airbag Deployment Coverage We will pay to reset or replace factory installed airbag(s) in any covered "auto" for accidental discharge, other than discharge due to a collision loss. This coverage is applicable only if comprehensive coverage applies to the covered "auto". This coverage is excess over any other collectible insurance or reimbursement by manufacturer's warranty. Auto Loan/Lease Gap Coverage SECTION III PHYSICAL DAMAGE COVERAGE, Item A., Coverage, is amended by adding the following: 8. Auto Loan/Lease Gap Coverage This coverage applies only to a covered "auto" described or designated in the Schedule or in the Declarations as including physical damage coverage. In the event of a covered total "loss" to a covered "auto" described or designated in the Schedule or in the Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto" less: a. The amount paid under the Physical Damage Coverage Section on the policy; and b. Any: (1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. J. Audio, Visual and Data Electronic Equipment — Limit Amended SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limits of Insurance, 1.b. is amended by replacing the $1,000 limit with a $2,500 limit. SECTION IV — BUSINESS AUTO CONDITIONS AMENDMENTS A. Duties In The Event Of Accident, Claim, Suit Or Loss Amended SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, a. is amended by adding the following: This condition applies only when the "accident" or "loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; or (4) A member or manager, if you are a limited liability company. But this section does not amend the provisions relating to notification of police, protection or exami- nation of the property which was subject to the "loss". B. Blanket Waiver of Subrogation Section IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights of Recovery Against Others to Us, is amended by adding the following exception: However, we waive any right of recovery we may have against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. WN CA 80 06 19 Includes copyrighted material of Insurance Services Office, with its permission Page 5 of 6 C. Unintentional Failure to Disclose Hazards SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepre- sentation Or Fraud, is amended by adding the following paragraph: If you unintentionally fail to disclose any hazards existing at the inception date of the policy, or during the policy period in connection with any additional hazards, we will not deny coverage under this Cov- erage Part because of such failure. D. Employee Hired Auto SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5.Other Insurance, paragraph b. is deleted and replace by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be a covered "auto" you own: (1) Any covered "auto" you lease, hire, rent or borrow. (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". E. Primary and Noncontributory If Required By Written Contract or Written Agreement SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance c., the following is added and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: (1) Such "insured" is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". WN CA 80 06 19 Includes copyrighted material of Insurance Services Office, with its permission Page 6 of 6 ENVIRONMENTAL III MQRKEL EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S POLLUTION LIABILITY COVERAGE FORM TABLE OF CONTENTS SECTIONI — COVERAGES................................................................................................................................................. 2 A. Insuring Agreements.............................................................................................................................................. 2 1. Contractor's Pollution Liability................................................................................................................-.............. 2 2. Transportation Pollution Liability. .................................. .7 ................................................................. 17 ...................... 2 3. Non -Owned Disposal Site Liability ............................... .......................................................,,................................ 2 4. Crisis Management And Emergency Response Costs........................................................................................... 3 B. Claims And Defense...........................................................................:................................::........................I........ 3 C. Supplementary Payments ............ ............................................................................................... ............... ........... 3 SECTIONII — EXCLUSIONS ................................. ___ .............. ................................ ............................................................ 5 SECTIONIII — WHO IS AN INSURED................................................................................................................................... 8 SECTION IV — LIMITS OF INSURANCE AND SELF -INSURED RETENTION OR DEDUCTIBLE ...................................... 8 A. Limits Of Insurance................................................................................................................................................ 8 B. Self -Insured Retention................................................................................................ C. Deductible..............................................................................................................................................................9 SECTIONV — CONDITIONS....................................................................................................................................I...........10 SECTION VI — DEFINITIONS....................................................... ................... .... -....................... ...... 12 MEEI 0007 11 17 Includes copyrighted material of Insurance Services Office, Inc., with Page 1 of 17 its permission. ENVIRONMENTAL III MaRKEEEVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S POLLUTION LIABILITY COVERAGE FORM VARIOUS PROVISIONS IN THIS POLICY MAY RESTRICT OR EXCLUDE COVERAGE. PLEASE READ THE ENTIRE POLICY CAREFULLY TO DETERMINE THE INSURED'S RIGHTS AND DUTIES AND WHAT IS AND IS NOT COVERED. AMOUNTS INCURRED AS SUPPLEMENTARY PAYMENTS IN EXCESS OF THE DEFENSE EXPENSES AGGREGATE LIMIT SHOWN IN THE DECLARATIONS WILL REDUCE THE LIMIT OF INSURANCE AVAILABLE AND WILL BE APPLIED AGAINST THE SELF -INSURED RETENTION OR DEDUCTIBLE, IF APPLICABLE. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section III — Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section VI — Definitions. SECTION I — COVERAGES A. Insuring Agreements The following Insuring Agreements apply only if indicated by an "X" in the Declarations, and the "pollution condition" that causes a "loss" takes place in the "coverage territory". The amount we will pay is limited as described in Section IV — Limits Of Insurance And Self -Insured Retention Or Deductible. 1. Contractor's Pollution Liability We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage" or "cleanup costs" caused by a "pollution condition" to which this insurance applies, provided: a. The "pollution condition" arises out of "your work" performed during the policy period, except for a "pollution condition" arising out of the "completed operations" of "your work"; and b. The "bodily injury" or "property damage" occurs, or the "cleanup costs" are incurred, during the policy period. With respect to "bodily injury", "property damage" or "cleanup costs" caused by legionella, there must be a direct relation to a documented case of a legionella outbreak for coverage to apply. 2. Transportation Pollution Liability We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage" or "cleanup costs" resulting from a "transportation pollution condition" to which this insurance applies, provided: a. The "transportation pollution condition" arises out of "transported cargo" that is transported, delivered or shipped by you in a "covered conveyance", or by a "carrier" on your behalf; and b. The "bodily injury" or "property damage" occurs, or the "cleanup costs" are incurred, during the policy period. This coverage shall not be utilized to evidence financial responsibility of any insured under any applicable federal, state, provincial or local law. 3. Non -Owned Disposal Site Liability MEEI 0007 11 17 Includes copyrighted material of Insurance Services Office, Inc., with Page 2 of 17 its permission. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage" or "cleanup costs" resulting from a "pollution condition" to which this insurance applies, originating at, on or under, or migrating from, a covered "non -owned disposal site", provided: a. The "pollution condition" arises from waste or material generated by "your work"; and b. The "bodily injury" or "property damage" occurs, or the "cleanup costs" are incurred, during the policy period. 4. Crisis Management And Emergency Response Costs We will indemnify you for: a. "Crisis management costs" you incur as a direct result of a "crisis management event", provided that the "crisis management event': (1) Arises directly from a "pollution condition" that has resulted or is reasonably likely to result in a "loss" covered under this policy; (2) Commences during the policy period; and (3) First becomes known to a "responsible insured" during the policy period and is reported to us in writing as soon as practical, but in any event during the policy period or within 30 days after the end of the policy period. We will pay those "crisis management costs" you incur even if coverage hereunder is still to be confirmed by us, but we will stop paying such "crisis management costs" as soon as it becomes evident, to either you or us, that this insurance does not apply. "Crisis management costs" are not subject to the self -insured retention or deductible; and b. "Emergency response costs" you incur as a direct result of the "pollution condition" that has resulted in a "loss" covered under this policy. B. Claims And Defense I. With respect to Insuring Agreements 1. through 3. above, coverage applies only if, prior to the policy period, no insured listed under Paragraph 1. of Section III — Who Is An Insured and no "responsible insured" knew that the "bodily injury", "property damage" or "cleanup costs" had occurred, in whole or in part. If such a listed insured or "responsible insured" knew, prior to the policy period, that the "bodily injury", "property damage" or "cleanup costs" occurred, then any continuation, change or resumption of such "bodily injury", "property damage" or "cleanup costs" during or after the policy period will be deemed to have been known prior to the policy period. "Bodily injury", "property damage" or "cleanup costs" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section III — Who Is An Insured or any "responsible insured" authorized by you to give or receive notice of a "pollution condition" or "claim", includes any continuation, change or resumption of the 'bodily injury", "property damage" or "cleanup costs" after the end of the policy period. "Bodily injury", "property damage" or "cleanup costs" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section III — Who Is An Insured or any "responsible insured" authorized by you to give or receive notice of a "pollution condition" or "claim": a. Reports all or any part of the "bodily injury", "property damage" or "cleanup costs" to us or any other insurer; b. Receives a written or verbal demand or "claim" for damages because of the "bodily injury", "property damage" or "cleanup costs"; or c. Becomes aware by any other means that the 'bodily injury", "property damage" or "cleanup costs" has occurred or has begun to occur. Damages because of 'bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the 'bodily injury". 2. We will have the right and duty to defend the insured against any "suit' seeking those damages to which this insurance applies. However, we will have no duty to defend the insured against any "suit' seeking damages to which this insurance does not apply. We may, at our discretion, investigate any "pollution condition" and settle any "claim" that may result. But: MEEI 0007 11 17 Includes copyrighted material of Insurance Services Office, Inc., with Page 3 of 17 its permission. a. The amount we will pay for damages is limited as described in Section IV — Limits Of Insurance And Self - Insured Retention Or Deductible; and b. Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or supplementary payments. C. Supplementary Payments 1. We will pay, with respect to any "claim" we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the "claim", including actual loss of earnings up to $500 a day because of time off from work. c. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. d. Pre -judgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any pre -judgment interest based on that period of time after the offer. e. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "pollution condition" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as supplementary payments. We may, at our option, appoint one counsel to defend all of the insureds and indemnitees of the insureds who are or may be involved with respect to such "suit". MEEI 0007 11 17 Includes copyrighted material of Insurance Services Office, Inc., with Page 4 of 17 its permission. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as supplementary payments ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or supplementary payments, or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. Amounts paid as supplementary payments as described in Paragraphs 1. and 2. above will reduce the Defense Expenses Aggregate Limit shown in the Declarations. Once that limit has been exhausted, amounts paid as supplementary payments will reduce the applicable limits described in Section IV — Limits Of Insurance And Self - Insured Retention Or Deductible. SECTION II — EXCLUSIONS This insurance does not apply to: 1. Communicable Disease "Loss" due to the presence of a communicable disease, which means an illness, sickness, physical condition, or an interruption or disorder of bodily functions, systems, or organs that is transmissible by infection or contagion directly or indirectly through human contact or contact with human fluids, waste or similar agents. However, this exclusion does not apply to the discharge, dispersal or release of "mold" or legionella. 2. Contractual Liability "Loss" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. However, this exclusion does not apply to liability for damages: a. That the insured would have in the absence of the contract or agreement; or b. Assumed in a contract or agreement that is an "insured contract", provided the "loss" occurs subsequent to the execution of the contract or agreement. 3. Damage To Property "Property damage" in any way related to any real property or facility that is or was at any time owned, operated or occupied by, or rented to, you. However, this exclusion does not apply if the real property or facility is operated or occupied by you for the purpose of performing "your work". 4. Damage To Your Product Or Your Work "Property damage" to "your product" or "your work" or any part of "your product" or "your work". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. 5. Employer's Liability "Bodily injury" to: a. An "employee" of the insured arising out of and in the course of: (1) Employment by the insured; or (2) Performing duties related to the conduct of the insured's business; or b. The spouse, child, parent, brother or sister of that "employee" as a consequence of this exclusion 5. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. However, this exclusion does not apply to liability assumed by you under an "insured contract". 6. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of a "responsible insured". 7. Fines And Penalties Punitive damages, exemplary damages, multiplied damages, fines or penalties. 8. Impaired Property "Property damage" to "impaired property" or property that has not been physically injured, arising out of: MEEI 0007 11 17 Includes copyrighted material of Insurance Services Office, Inc., with Page 5 of 17 its permission. a. A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or b. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. 9. Insured Versus Insured Any "claim" made by or on behalf of an insured against any other insured. However, this exclusion does not apply with respect to "claims" against you by any insured seeking coverage or indemnification pursuant to a written contract or agreement. 10. Intentional Acts "Loss" arising out of intentional, willful or deliberate: a. Injury to persons or property; or b. Failure to comply with any permit, administrative complaint, notice of violation, notice letter, executive order or instruction of any governmental or public agency or body either before or after the beginning of the policy period. However, this exclusion does not apply to an insured who did not commit, participate in or have knowledge of any of the acts described above. 11. Known Circumstances "Loss" caused by, arising out of or in any way related to a "pollution condition", including any subsequent continuation or resumption of or changes in such "pollution condition", that existed prior to the policy period, or that was known to any "responsible insured" at any time before the beginning of the policy period. 12. Nuclear Energy Liability "Loss": a. With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by the Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; b. Resulting from the "hazardous properties" of "nuclear material" and with respect to which: (1) Any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or (2) The insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization; or c. Resulting from the "hazardous properties" of "nuclear material", if: (1) The "nuclear material": (a) Is at any "nuclear facility" owned by, or operated by or on behalf of, an insured; or (b) Has been discharged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel' or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an insured; or (3) The "loss" arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility", but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility" and any property thereat. As used in this exclusion: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material', "special nuclear material' or "by-product material". MEET 0007 11 17 Includes copyrighted material of Insurance Services Office, Inc., with Page 6 of 17 its permission. "Source material", "special nuclear material" and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor "Waste" means any waste material: a. Containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content; and b. Resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility". "Nuclear facility" means: a. Any "nuclear reactor"; b. Any equipment or device designed or used for: (1) Separating the isotopes of uranium or plutonium; (2) Processing or utilizing "spent fuel"; or (3) Handling, processing or packaging "waste"; c. Any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; d. Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radioactive contamination of property. 13. Other Enterprises "Loss" arising out of any business enterprise owned, operated or managed by the insured or its parent company or the affiliate, successor or assignee of such company not named in the Declarations. 14. Professional Services "Loss" arising out of any alleged or actual act, error or omission in the rendering of or failure to render "professional services" by you or any contractor or subcontractor working on your behalf. This exclusion applies even if the "claims" against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "pollution condition" which caused the "loss" involved the rendering of or failure to render "professional services". However, this exclusion does not apply to a "claim" in which you committed an actual or alleged act, error or omission relating to improper or inadequate supervision, direction or control of any subcontractors for which you are legally liable when performing operations on your behalf at a job site. 15. Property Damage To Cargo "Property damage" to "transported cargo". 16. Property Damage To Conveyances "Property damage" to any "auto", railcar, train, watercraft or aircraft operated by or on behalf of any insured resulting from a "pollution condition" caused by "transported cargo". However, this exclusion does not apply to any "claim" brought by any "carrier" for "property damage" arising out of the insured's negligence. 17. Vehicles MEEI 0007 11 17 Includes copyrighted material of Insurance Services Office, Inc., with Page 7 of 17 its permission. "Loss" arising out of the ownership, maintenance, use, operation or entrustment to others of any aircraft, "unmanned aircraft", "auto" or watercraft. Use includes "loading or unloading". However, this exclusion does not apply to: a. "Loading or unloading" within the boundaries of any location covered under this policy; or b. Insuring Agreement A.2. Transportation Pollution Liability, if shown as covered in the Declarations. 18. War "Loss", however caused, arising, directly or indirectly, out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action taken in the hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. 19. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. 20. Your Product "Loss" arising out of "your product". SECTION III — WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. 2. Each of the following is also an insured: a. Your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of "your work". b. In the event of your bankruptcy, your trustees, and in the event of your death or incapacity, your legal representatives or executors, but only with respect to each such trustee's, representative's or executor's vicarious liability resulting from "your work". 3. Any organization, other than a partnership, joint venture or limited liability company, you newly acquire or form during the policy period and over which you maintain ownership or majority interest, will qualify as an insured but only with respect to "your work" rendered on or after the acquisition or formation date of such organization. However coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier. 4. Any client for whom you perform or performed "your work" and with whom you have agreed to provide additional insured status in a written contract or agreement is an insured under this policy, provided the written contract or agreement was executed prior to the: a. Commencement of "your work"; and b. Date the "pollution conditions" first commenced. MEEI 0007 11 17 Includes copyrighted material of Insurance Services Office, Inc., with Page 8 of 17 its permission. Such client is an insured only with respect to "bodily injury" or "property damage" caused by a "pollution condition" for which the client is liable because of "your work". There is no coverage under this insurance for any "claims" arising out of the sole negligence of your clients. Any insurance afforded to an insured described in Paragraph 4. above only applies to the extent permitted by law, will not be broader than that which you are required by the contract or agreement to provide for such insured, and is limited to the lesser of the Limits Of Insurance shown in the Declarations or the amount required by the written contract or agreement. Paragraph 4. does not apply to any client specifically named as an additional insured in an endorsement attached to this policy. SECTION IV — LIMITS OF INSURANCE AND SELF -INSURED RETENTION OR DEDUCTIBLE A. Limits Of Insurance 1. The Limits Of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of insureds, "claims" made, or persons or organizations making "claims". 2. The Coverage Form Aggregate Limit is the most we will pay for the sum of all "loss" and supplementary payments arising out of all "pollution conditions" under all Insuring Agreements. 3. Subject to Paragraph 2. above: a. The Each Contractor's Pollution Condition Limit is the most we will pay under Insuring Agreement A.1. for the sum of all "loss" and supplementary payments arising out of any one "pollution condition". b. The Each Transportation Pollution Condition Limit is the most we will pay under Insuring Agreement A.2. for the sum of all "loss" and supplementary payments arising out of any one "transportation pollution condition". c. The Each Non -Owned Disposal Site Pollution Condition Limit is the most we will pay under Insuring Agreement A.3. for the sum of all "loss" and supplementary payments arising out of any one "pollution condition" at a "non -owned disposal site". d. The Each Crisis Management And Emergency Response Limit is the most we will pay under Insuring Agreement A.4. for the sum of all "loss" and supplementary payments arising out of any one "pollution condition". 4. Amounts paid as supplementary payments will reduce the Defense Expenses Aggregate Limit shown in the Declarations. Once that limit has been exhausted, amounts paid as supplementary payments will reduce the applicable limits described in Paragraphs 2. and 3. above. The limits of insurance of this Coverage Form apply separately to each policy period, unless the policy period is extended after issuance for an additional period. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the limits of insurance. B. Self -Insured Retention The following applies only if Self -Insured Retention is selected in the Declarations: 1. You agree to assume the Self -Insured Retention shown in the Declarations. Our obligation to pay damages or supplementary payments under this insurance and the applicable limit shown in the Declarations will apply in excess of the self -insured retention. 2. Regardless of whether or not there is any other insurance, whether or not collectible, applicable to a "claim" or "pollution condition" within the self -insured retention, you must make actual payment of the full self -insured retention before the limits of insurance will apply. Compliance with this clause is a condition precedent for coverage under this insurance. We will make no payments of any type in the event you fail to comply with this clause. 3. You must not incur costs other than adjusting expenses without our written consent in the event of any "claim" or "pollution condition" which appears likely to exceed the self -insured retention. 4. We have the right and duty in all cases to assume control of the investigation, defense and settlement of any "claim" or "pollution condition" to which this insurance applies. When we exercise this right, the following apply: a. You will remain responsible for the cost of all damages and supplementary payments within the self -insured retention; MEEI 0007 11 17 Includes copyrighted material of Insurance Services Office, Inc., with Page 9 of 17 its permission. b. At our request, you will advance to us any portion of the applicable self -insured retention that we deem reasonable to pay for any "claim" or "pollution condition"; c. If you have paid to us all or part of the applicable self -insured retention and the total amount of damages and supplementary payments that we pay for that "claim" or "pollution condition" is less than the applicable self - insured retention, then we will reimburse you the amount you paid in excess of the amount we pay; and d. We will have the sole and absolute right to settle the "claim" for any amount we deem reasonable, including any amount within the self -insured retention. Although we agree to attempt to advise and consult with you prior to making any settlement, we will have no obligation to obtain your consent or the consent of any other insured, to any settlement we make that requires payment from you of any amount within the self -insured retention. You and any other insured hereby waive any claim or defense against us resulting from our entering into any such settlement without your approval. C. Deductible The following applies only if Deductible is selected in the Declarations: 1. Our obligation to pay damages for "loss" on your behalf applies only to the amount of damages in excess of the Deductible shown in the Declarations. 2. The deductible applies separately to each "pollution condition", and may be applied to supplementary payments, settlements or indemnification. 3. The terms of this insurance, including those with respect to: a. Our right and duty to defend the insured against any "claims" seeking those damages; and b. Your duties in the event of a "pollution condition"; apply irrespective of the application of the deductible. 4. At our sole election and option, we may either: a. Pay any part or all of the deductible to effect settlement of any "claim", and upon notification of the action taken, you must promptly reimburse us for that part of the deductible as has been paid by us; or b. Simultaneously upon receipt of notice of any "claim" or at any time thereafter, call upon you to pay or deposit with us all or any part of the deductible, to be held and applied by us as herein provided. 5. In the event that you do not promptly comply with Paragraph 4, above, any cost we incur in collection of the deductible including, but not limited to, collection agency fees, attorneys' fees, and interest, will be added to and applied in addition to the deductible without limitation to such costs. 6. If the same, related or continuous "pollution condition" results in coverage under more than one Insuring Agreement under this policy, then only the highest Deductible shown in the Declarations of all Insuring Agreements applicable to the "pollution condition" will apply. SECTION V — CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or the insured's estate will not relieve us of our obligations or increase our liability under this Coverage Form. 2. Duties In The Event Of A Pollution Condition Or Claim a. You must see to it that we are notified as soon as practicable in writing of a "pollution condition". To the extent possible, notice must contain: (1) How, when and where the "pollution condition" took place; (2) The names and addresses of any claimants, injured persons and witnesses; (3) The nature and location of any injury or damage arising out of the "pollution condition"; (4) The date and details of "your work" that may have caused the "pollution condition"; (5) Copies of any contracts that have been entered into by any insured that are related to "your work" performed; and MEEI 0007 11 17 Includes copyrighted material of Insurance Services Office, Inc., with Page 10 of 17 its permission. (6) Details explaining how the insured first became aware of the "pollution condition". b. If a "claim" is made against any insured: (1) You must record and notify us as soon as practicable in writing the specifics of the "claim" and the date received; and (2) You and any other involved insured must: (a) Send us copies as soon as practicable of any demands, notices, summons or legal papers received in connection with the "claim"; (b) Authorize us to obtain records and other information; (c) Cooperate with us in the investigation, settlement or defense of the "claim"; and (d) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. c. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, without our written consent. However, written consent is not required with respect to: (1) "Crisis management costs" that have been reported in accordance with Paragraph a.(3) of Insuring Agreement A.4. Crisis Management Or Emergency Response Costs; or (2) "Emergency response costs" that have been reported and approved by us or our appointed representative by use of the emergency response hotline. 3. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this Coverage Form or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for "loss" we cover under this Coverage Form, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. if this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. In that case, we will share with all such other insurance by the method described in Paragraph c. below. b. Excess Insurance (1) This insurance is excess over: (a) Any other insurance, whether primary, excess, contingent or on any other basis, if you are an insured on an insurance policy that applies to "your work" or "completed operations" of "your work" performed at a specific job site and that insurance policy applies to a specific job site; (b) Any other valid and collectible insurance available to you covering liability for damages arising out of "your work" or "completed operations" of "your work", including that work for which you have been added as an additional insured by an endorsement, or by definition in a contract or agreement, or by combination thereof; (c) Any other valid and collectible insurance available to any person or entity performing functions for others on your behalf as defined in "your work" in this Coverage Form; (d) Any valid and collectible project -specific insurance policy, owner's protective insurance policy, owner - controlled insurance policy, contractor -controlled insurance policy, wrap-up policy or similar insurance program under which an insured is covered; or MEEI 0007 11 17 Includes copyrighted material of Insurance Services Office, Inc., with Page 11 of 17 its permission. (e) Any other valid and collectible insurance, whether primary, excess, contingent or on any other basis, covering a: (i) "Transportation pollution condition", if Insuring Agreement A.2. Transportation Pollution Liability is shown as covered in the Declarations; or (ii) "Pollution condition" on a "non -owned disposal site", if Insuring Agreement A.3. Non -Owned Disposal Sites is shown as covered in the Declarations. (2) When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the damages, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the damages in the absence of this insurance; and (b) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining damages, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits Of Insurance shown in the Declarations of this Coverage Form. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the damages remain, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Form in accordance with our rules, rates, rating plans and minimum premium requirements. b. Premium shown as Advance And Deposit Premium in the Declarations is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured shown in the Declarations. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is more than the greater of the earned premium or Minimum Retained Premium shown in the Declarations, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the applications, other materials submitted to us and Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the limits of insurance, and any rights or duties specifically assigned to the first Named Insured shown in the Declarations, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a "claim" is made. 8. Transfer Of Rights Of Recovery Against Others To Us MEEI 0007 11 17 Includes copyrighted material of Insurance Services Office, Inc., with Page 12 of 17 its permission. If the insured has rights to recover all or part of any payment we have made under this insurance, those rights are transferred to us. The insured must do nothing after "loss" to impair them. At our request, the insured will bring "suit' or transfer those rights to us and help us enforce them. SECTION VI — DEFINITIONS 1. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. 2. 'Bodily injury" means physical injury, sickness, disease, mental anguish or emotional distress sustained by any person, including medical monitoring or death resulting from any of these at any time. 3. "Cargo" means waste, products or materials carried or delivered by a "covered conveyance". 4. "Carrier" means a person or an entity, other than any insured or any subsidiary or affiliate company of any insured, engaged by the insured to transport material by aircraft, "auto" or watercraft, but only if such person or entity is properly licensed to transport such material and in the business of transporting such material. 5. "Claim" means a written request or demand received by any insured or us for money or services including, but not limited to, the institution of "suit' or arbitration proceedings against any insured, seeking damages. 6. "Cleanup costs" means reasonable and necessary expenses incurred in the investigation, evaluation, monitoring, testing, removal, containment, treatment, response, disposal, remediation, detoxification or neutralization of any "pollutants": a. To the extent required by federal, state, local or provincial laws, including but not limited to statutes, rules, ordinances, guidance documents, regulations and all amendments thereto, including state voluntary clean up or risk -based corrective action guidance, governing the liability or responsibilities of the insured; or b. Which have been actually incurred by the government or any political subdivision of the United States of America or any state thereof, or by third parties. "Cleanup costs" includes "restoration costs". 7. "Completed operations" means "your work" that has been completed. "Completed operations" does not include "your work" that has been abandoned or has not yet been completed. "Your work" will be deemed completed at the earliest of the following times: a. When all work to be performed under the contract has been completed; b. When all of the work to be done at the site has been completed if the contract calls for work at more than one site; or c. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. "Your work" that may require further service, maintenance, correction, repair or replacement, but is otherwise complete, will be deemed completed. 8. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; and b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above. "Coverage territory" does not include military bases or installations not located in Paragraph a. above. 9. "Covered conveyance" means any conveyance operated by or on behalf of an insured used for transporting property. 10. "Crisis management consultant' means a professional firm or consultant that provides crisis management services and has been approved in writing by us, the approval for which will not be unreasonable withheld. 11. "Crisis management costs" means those reasonable and necessary fees and expenses: a. Incurred by you within 90 days after the "crisis management event" is discovered by you, or thereafter as approved by us in writing; and b. For services provided to you by a "crisis management consultant' for the sole purpose of assisting you with: (1) Managing the media in direct response to a "crisis management event' to which this insurance applies; or MEEI 0007 11 17 Includes copyrighted material of Insurance Services Office, Inc., with Page 13 of 17 its permission. (2) Minimizing the economic harm to you caused by a "crisis management event" to which this insurance applies by consulting with you with respect to maintaining and restoring your company's public image or reputation. You must take reasonable steps to minimize "crisis management costs". 12. "Crisis management event" means the public announcement by a third party that a "pollution condition" for which you are legally responsible has caused: a. "Bodily injury" involving third parties; or b. "Property damage", but only to the extent resulting in actual physical damage to real property owned by third parties; provided that one of your "executive officers" has proffered, in our sole discretion, a good faith opinion that the public announcement or accusation has caused or is reasonably likely to cause economic harm to, or a material adverse effect on, your company's image or goodwill. 13. "Emergency response costs" means reasonable and necessary costs incurred to mitigate a "pollution condition" constituting an emergency situation whereby in the absence of such mitigation: a. "Bodily injury" or "property damage" to third parties is imminent; or b. "Cleanup costs" pursuant to environmental law are incurred. 14. "Employee" includes temporary and leased staff working on your behalf and under your direct supervision, but only with respect to "your work". 15. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 16. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the terms of the contract or agreement. 17. "Insured contract" means: a. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; or b. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph b. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render "professional services", including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 18. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto a vehicle; b. While it is in or on a vehicle; or MEEI 0007 11 17 Includes copyrighted material of Insurance Services Office, Inc., with Page 14 of 17 its permission. c. While it is being moved from a vehicle to the place where it is finally delivered. 19. "Loss" means: "Bodily injury", "property damage" or "cleanup costs", with respect to Insuring Agreements A.1. through A.3.; or b. "Crisis management costs" or "emergency response costs", with respect to Insuring Agreement A.4.; as applicable when shown as covered in the Declarations. 20. "Mold" means any permanent or transient fungus, mold, mildew or mycotoxin or any of the spores, scents or by- products produced or released by fungus. 21. "Natural resource damages" means physical injury to or destruction of, as well as the assessment of such injury or destruction, including the resulting loss of value of land, fish, wildlife, biota, air, water, groundwater, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States of America, any state or local government, any Native American tribe or, if such resources are subject to a trust restriction on alienation, any member of a Native American tribe. 22. "Non -owned disposal site" means a location you use for the treatment, storage or disposal of waste or material, provided the "non -owned disposal site": a. Is not managed, operated, owned or leased by any insured or any subsidiary or affiliate of any insured; b. Is permitted or licensed by the applicable federal, state, local or provincial authorities to accept such waste or material as of the date the waste or material is treated, stored or disposed of at the "non -owned disposal site"; and c. Is not listed on a proposed or final Federal National Priorities List or any state or provincial equivalent National Priority List, Superfund or Hazardous Waste List prior to the treatment, storage or disposal of the waste or material at the "non -owned disposal site". 23. "Pollutants" means, but is not limited to, any solid, liquid, gaseous, thermal, biological or radioactive substance, material or matter, irritant or contaminant including smoke, vapors, soot, silt, sedimentation, fumes, acids, alkalis, chemicals and waste. With respect to Insuring Agreements A.I. Contractor's Pollution Liability and A.4. Crisis Management And Emergency Response Costs only, "pollutants" includes "mold" and legionella. 24. "Pollution condition" means the discharge, dispersal, seepage, migration, release or escape of "pollutants". With respect to Insuring Agreements A.2. Transportation Pollution Liability and A.4. Crisis Management And Emergency Response Costs only, if shown as covered in the Declarations, "pollution condition" includes "transportation pollution condition". 25. "Professional services" means those functions performed for others by you or any contractor or subcontractor working on your behalf that are related to your practice as a consultant, engineer, architect, surveyor, laboratory, project or construction manager and as disclosed on the application including, but not limited to, the preparation or approval of maps, drawings, opinions, reports, surveys, designs, specifications or engineering services. 26. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use or diminution in value of that property. All such loss of use or diminution in value will be deemed to occur at the time of the physical injury that caused it; b. Loss of use or diminution in value of tangible property that is not physically injured. All such loss of use or diminution in value will be deemed to occur at the time of the "claim"; or c. "Natural resource damages". 27. "Responsible insured" means: a. Your "executive officer", director, partner, member or manager; b. Any insured who has responsibility, in whole or in part, for risk control, risk management, health and safety or environmental affairs, control or compliance; or c. Any insured who signed or who has responsibility, in whole or in part, for completing the application on which we relied in issuing this Coverage Form. MEEI 0007 11 17 Includes copyrighted material of Insurance Services Office, Inc., with Page 15 of 17 its permission. 28. "Restoration costs" means reasonable and necessary costs incurred by the insured with our consent, which will not be unreasonably withheld or delayed, to restore, repair or replace real or personal property to substantially the same condition it was in prior to being damaged during work performed in the course of incurring "cleanup costs". However, such "restoration costs" will not exceed the actual cash value of such property immediately prior to incurring "cleanup costs" or include costs associated with improvements or betterments, ordinance or law. 29. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "cleanup costs" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 30. "Temporary storage" means storage of materials in a locked and secure storage container with clearly posted warning signs for a period of up to 30 days at a premise you own or rent. "Temporary storage" does not include storage of materials at any site at which you are performing "your work". 31. "Transportation pollution condition" means the emission, discharge, dispersal, release or escape of "pollutants" from a "covered conveyance" which occurs beyond the boundaries of a "covered location". 32. "Transported cargo" means the insured's "cargo" after it is moved from the place where it is accepted by or on behalf of an insured for movement into or onto a "covered conveyance", until the "cargo" is moved from the "covered conveyance" to the place where it is finally delivered on behalf of the insured. "Transported cargo" also includes the insured's "cargo" during "loading or unloading" to or from a "covered conveyance". "Transported cargo" does not include "cargo" at rest for a period longer than 72 hours after it has been accepted on behalf of the insured for movement into or onto a "covered conveyance" but before it reaches the place of final delivery. 33. "Unmanned aircraft" means an aircraft that is not designed, manufactured or modified after manufacture to be controlled directly by a person from within or on the aircraft. 34. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 35. "Your work": a. Means: (1) Contracting work or contracting operations as disclosed in the application or specifically endorsed hereon performed by you or on your behalf for others at a location that you do not own, control, rent or occupy other than for the purpose of performing "your work"; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: MEEI 0007 11 17 Includes copyrighted material of Insurance Services Office, Inc., with Page 16 of 17 its permission. (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; (2) The providing of or failure to provide warnings or instructions; (3) The "completed operations" of "your work'; and (4) With respect to Insuring Agreement A.I. Contractor's Pollution Liability, the "temporary storage" of asbestos, or any material or substance containing asbestos, asbestos fibers or asbestiform talc that was removed in the course of "your work". MEEI 0007 11 17 Includes copyrighted material of Insurance Services Office, Inc., with Page 17 of 17 its permission. This page has been left blank intentionally. ill MARKEL° ENVIRONMENTAL POLICY NUMBER: EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following, where indicated by an "X" in the checkbox(es) below: ❑ COMMERCIAL GENERAL LIABILITY COVERAGE FORM ❑ CONTRACTOR'S POLLUTION LIABILITY COVERAGE FORM ❑ PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM The following is added to the Other Insurance condition: Other Insurance This insurance will be primary and not contributory with any other insurance available to any person or organization under any other third party liability policy if required by a written contract, signed by both parties and executed prior to the commencement of operations or "your work". All other terms and conditions remain unchanged. MEEI 2591 08 19 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. This page has been left blank intentionally. ill MARKEL" ENVIRONMENTAL POLICY NUMBER: EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following, where indicated by an "X" in the checkbox(es) below: ❑ COMMERCIAL GENERAL LIABILITY COVERAGE FORM ❑ CONTRACTOR'S POLLUTION LIABILITY COVERAGE FORM ❑ PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM Please refer to each Coverage Form to determine which terms are defined. Words shown in quotations on this endorsement may or may not be defined in all Coverage Forms. The following is added to the Transfer Of Rights Of Recovery Against Others To Us condition: Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization with whom the Named Insured has agreed, in a written contract executed prior to the "occurrence" or "pollution condition", to waive such rights of recovery because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract with that person or organization. All other terms and conditions remain unchanged. MEEI 2592 08 19 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. This page has been left blank intentionally.