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CAG2022-028 - Original - Seattle Junk King - On-Call Clean Up and Disposal - 01/24/2022
Nancy Yoshitake for Tony Donati Public Works 01/18/2022 01/25/2022 12/14/2021 47005245.64110.7940 and N/A Totem Logistics, Inc. DBA Seattle Junk King Contract Other On-call Clean Up and Disposal Provide on-call clean up and disposal of garbage and waste related to illegal dumping and/or homeless encampments. $115,000 Other Budget Account Number: 44005240.64110.7925 1/18/22 CAG2022-028 1/19/22 1/24/22 Original____ DATE: December 14, 2021 TO: Kent City Council SUBJECT: Agreement with Totem Logistics for On-Call Garbage Cleanup Services on City-Owned Property - Authorize MOTION: I move to authorize the Mayor to sign the goods and services agreement with Totem Logistics, in the amount of $115,000, for the cleanup and removal of encampments/dumping on city-owned properties and right of ways subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: Illegal dumping on city-owned properties and in rights of ways has become an increasing problem for staff and the community. When dumping occurs on a job site, or city property, project managers collect bids from junk haulers to remove waste. City solid waste removal crews are not always able to assist all areas due to the increasing amount of dumping or the quantity that is sometimes dumped. In September, staff advertised a Request for Proposals for an on-call garbage cleanup contractor. Staff recommends Totem Logistics to perform these duties. BUDGET IMPACT: The contract will be funded from $45,000 from the Department of Ecology’s Local Solid Waste Financial Assistance Agreement (LSWFA), grant, $15,000 from the Drainage Utility Fund, and $55,000 from capital projects that require illegal dumping cleanup. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. RECOMMENDED BY: Chad Bieren ATTACHMENTS: 1. 5E1 Totem Logistics Inc. (DBA Seattle Junk King) Agreement (002) (PDF) 12/06/21 Public Works Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next: 12/14/2021 7:00 PM MOVER:Satwinder Kaur, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer GOODS & SERVICES AGREEMENT - 1 (Over $20,000, including WSST) GOODS & SERVICES AGREEMENT With Prevailing Wage Provisions between the City of Kent and Totem Logistics, Inc. (DBA Seattle Junk King) THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Totem Logistics, Inc. (DBA Seattle Junk King) organized under the laws of the State of Washington, located and doing business at 308 Clay Street NW, Auburn, WA 98001, Phone: (510) 332-1231, Contact: David Scott Page (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. The Vendor shall provide the following goods and materials and/or perform the following services for the City: The Contractor shall provide on-call clean up and disposal of general garbage and other wastes related to illegal dumping and/or homeless encampments at various City-owned properties throughout Kent. For a description and Contractor's prop sal, see Exhibit A which is attached and incorporated by this reference. The Vendor acknowledges and understands that it is not the City’s exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall complete the work and provide all goods, materials, and services by 09/30/2022. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Hundred Fifteen Thousand Dollars ($115,000), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Vendor shall submit a single invoice up n completion of each task order. Invoices shall include date(s) and location(s) of work performed. GOODS & SERVICES AGREEMENT - 2 (Over $20,000, including WSST) Card Payment Program. The Vendor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Vendor for any defective or unauthorized goods, materials or services. If the Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and the Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV.PREVAILING WAGES. Vendor shall file a “Statement of Intent to Pay Prevailing Wages,” with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Vendor shall pay prevailing wages in effect on the date the bid is accepted or executed by Vendor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. V. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which the Vendor’s services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Vendor’s services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Vendor’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. GOODS & SERVICES AGREEMENT - 3 (Over $20,000, including WSST) F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. VI. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VII. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, the Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Vendor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under GOODS & SERVICES AGREEMENT - 4 (Over $20,000, including WSST) this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. IX. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). X. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. GOODS & SERVICES AGREEMENT - 5 (Over $20,000, including WSST) XI. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and the Vendor’s representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have known of the defect, or (2) upon the Vendor’s receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. XII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XIII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor’s part, then the Vendor shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Vendor’s part. The provisions of this section shall survive the expiration or termination of this Agreement. XIV. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. GOODS & SERVICES AGREEMENT - 6 (Over $20,000, including WSST) XVI. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. GOODS & SERVICES AGREEMENT - 7 (Over $20,000, including WSST) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: By: Print Name: Its DATE: CITY OF KENT: By: Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: VENDOR: David Scott Page Totem Logistics, Inc. 308 Clay Street NW Auburn, WA 98001 510-332-1231 (telephone) NA (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Tony Donati City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk Totem Logistics, Inc. On-Call Clean-Up Services/T. Donati DAVID SCOTT PAGE 01/04/2022 PRESIDENT EEO COMPLIANCE DOCUMENTS - 1 of 3 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ DAVID SCOTT PAGE TOTEM LOGISTICS INC, PRESIDENT 01/04/2022 EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 3 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ TOTEM LOGISTICS INC. 308 CLAY ST NW, AUBURN WA 98001 510-332-1231 SCOTT.PAGE@JUNK-KING.COM Dear Tony, Per your request I have included an updated the City of Kent Scope of Work: Clean Up Approach: Totem Logistics Inc. will meet with City staff at the identified site. City staff and Totem Logistics Inc. will jointly review the site conditions, document the site photographically both before beginning cleanup work and after completing the contracted job. Determine, volume of garbage, site access, limits, cleanup standards, potential requirements (traffic control, loading zone, master collection site etc.) and number of employees and days needed for cleanup. Totem Logistics Inc. will provide the city with a written estimate while on site or within two business days after the joint site visit. The written estimate will include a per day cost for clean up at the site(s) and an expected duration for completion. Totem Logistics Inc. will commence clean up within the same or five business days of written notice to proceed. Each location shall be described with a location description and specific job number, approximate dates work is to be completed and unique numbering system for each cleanup location. This information shall also be provided on all invoices under this contract. On-site company supervisor will be responsible for the supervision of crew and ensure all necessary safety procedures are followed in compliance with federal, state, local and tribal laws, regulations, and policy. On-site supervisor will immediately halt work and contact the City and Police in the event of the discovery of illegal drugs, weapons or firearms at the work site. 2 Clean Up Process: Mobilize at work site and review the daily work goals and safety objectives, including social distancing and face masks. Communicate the locations and types of hazards and bio waste and best practice to isolate and remove. Collect debris, dismantle temporary structures, and remove trash. Dispose of all debris (i.e., hazardous waste, universal waste, medical waste, drug waste and paraphernalia, and other items) at our permitted facility partner. Separate recyclable items from general trash or disposables and document delivery of waste and recyclables (scale tags) to a site approved by the city. Supply all labor, materials, tools, equipment, vehicles, personal protective equipment, portable bathroom facilities, traffic controls, dumpsters and other supplies that may be required to remove debris, litter, recyclables and e-waste. Ensure employees are wearing appropriate personal protective equipment (PPE) and follow appropriate safety protocols and training while on site at all times. Understand and follow state or local policies for limiting or restricting personal engagement with encampment residents. Provide clear bags, identify, tag and save "personal property" items identified during cleanup activities. Coordinate delivery and storage of personal property with the project coordinator. Meet with project coordinator and proof project and document site photographically. Depart site and secure worksite and any gates. Regards, Scott Page President TOTEM LOGISTICS INC. 308 CLAY ST NW, AUBURN WA 98001 510-332-1231 SCOTT.PAGE@JUNK-KING.COM EXHIBIT B Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1 Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2 Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3 Workers' Coml2ensation coverage as required by the Industrial Insurance laws of the State of Washington. 4 Contractor's/Consultant's Pollution Liability_ insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products -completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 3. Contractor's Consultant's Pollution Liability insurance shall be written in an amount of at least $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Coverage may be written on a claims -made basis. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. ® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 12/28/2021 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER Bravo Insurance Company - WA NAME: Melissa Ajeto AFAX PHONE 206-229-2647 (A/C, No): /C, No, Ext : ADDRESS: bravoinsurance@outlook.coni 4220 SOUTH 164TH ST INSURER(S) AFFORDING COVERAGE NAIC # SUITE 101 TUKWILA WA 98188 INSURER A: Underwriters of Lloyds London 780074 INSURED TOTEM LOGISTICS DBA: SEATTLE JUNK KING INSURER B : National Fire & Marine Al 122 INSURER C : GuideOue National Insurance 14167 INSURER D : EVANSTON INSURANCE CO 35378 308 CLAY ST NW INSURER E : - INSURER F : AUBURN WA 98001 COVERAGES t;tttl lrwr+l c rvuinurr%. — THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR A TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FAOCCUR INSD Y Y WVD Y Y POLICY NUMBER AC266002079 72TRS109431 (MMIDDNYYY) 11/11/2021 06/17/2021 (MM/DD/YYYY) 11/11/2022 06/17/2022 LIMITS EACH OCCURRENCE $ _ 1,000,000 PREMISES (Ea occurrence) $_ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL RADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: v POLICY jECOT LOC OTHER: AUTOMOBILE LIABILITY XBODILY ANY AUTO EDULED OS v N-OWNED I� TOS ONLY LACLAIMS-1ADE PRODUCTS -COMP/OP AGG 2,000,000 COMBINED SIN (Ea accident) $ $ 1,000,000 B INJURY (Per person) $ - BODILY INJURY (Per accident) $ (Per accident) $ $ D X UMBREOCCUR EXCESCLAIMS-MADE Y Y EZXS3067554 12/22/2021 111/11/2022 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 _ DED RETENTION $ A ORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE FFICER/MEMBEREXCLUDED? ❑ Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below CONTRACTORS POLLUTION N/p' Y Y Y AC266002079 ENV562004337-00 ll/11/2021 02/18/2021 11/11/2022 02/18/12022 STATUTE I ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 21,000,000 1,000,000 C DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED PER FORM CG2010 WAIVER OF SUBRAGATION APPLIES PER FORM CG2404 PRIMARY AND NONCONTRUBUTORY APPLIES PER FORM ART 2001 CITY OF KENT IS NAMED ADDITIONAL INSURED (30 DAY WRITTEN NOTICE OF CANCELATION) CITY OF KENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 220 FOURTH AVENUE SOUTH I AUTHORIZED REPRESENTATIVE M15USSA AJr:TO KENT WA 98032 Anne n C Arnon lrnDDnDATInM All rinintc racervarl ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: City of Kent 220 Fourth Avenue South Kent, WA 98032 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 — Who Is An Insured is amended to in- clude as an insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to opera- tions performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or au- thorization. 2. This insurance does not apply to: a. 'Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. 'Bodily injury" or "property damage" included within the "products -completed operations hazard". CG 20 12 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 11 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. E •` - • i0q, .1i - . • This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an addition- al insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury', "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying ser- vices, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sureds) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcon- tractor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ COMMERCIAL GENERAL LIABILITY ART 20 0104 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 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 contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional 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 the additional insured. ART 20 01 0413 Page 1 of 1 EMPLOYERS LIABILITY COVERAGE FORM Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. A. How This Insurance Applies This employers liability insurance applies to bodily injury by accident or bodily injury by disease. Bodily injury includes resulting death. 1. The bodily injury must arise out of and in the course of the injured employee's employment by you. 2. The employment must be necessary or incidental to your work in Nevada, North Dakota, Ohio, Washington, West Virginia, or Wyoming. 3. Bodily injury by accident must occur during the policy period. 4. Bodily injury by disease must be caused or aggravated by the conditions of your employment. The employee's last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during the policy period. 5. If you are sued, the original suit and any related legal actions for damages for bodily injury by accident or by disease must be brought in the United States of America, its territories or possessions. B. We Will Pay We will pay all sums you legally must pay as damages because of bodily injury to your employees, provided the bodily injury is not compensable under workers compensation coverage. The damages we will pay, where recovery is permitted by law, include damages: 1. for which you are liable to third party by reason of a claim or suit against you by that third party to recover the damages claimed against such third party as a result of injury to your employee; 2. for care and loss of service; and 3. for consequential bodily injury to a spouse, child, parent, brother or sister of the injured employee; 4. because of bodily injury to your employee that arises out of and in the course of employment, claimed against you in a capacity other than as employer. C. Exclusions This insurance does not cover: CGC4508 (12/04) Page 1 of 2 1. liability assumed under a contract; 2. punitive or exemplary damages; 3. bodily injury to an employee while employed in the violation of law with your actual knowledge or the actual knowledge of any of your executive officers; 4. any obligation imposed by a workers compensation, occupational disease, unemployment compensation, or disability benefits law, or any similar laws; 5. bodily injury intentionally caused or aggravated by you; 6. bodily injury occurring outside the United States of America, its territories or possessions. This exclusion does not apply to bodily injury to a citizen or legal resident of the United States of America who is temporarily outside the country; 7. damages arising out of coercion, criticism, demotion, evaluation, reassignment, discipline, defamation, harassment (including sexual harassment), humiliation, discrimination against or termination of any employee, or any personnel practices, policies, acts or omissions; 8. bodily injury to any person in work subject to the Longshore and Harbor Workers Compensation Act (33 USC Sections 901-950), the Nonappropriated Fund Instrumentalities Act (5 USC Sections 8171-8173), the Outer Continental Shelf Lands Act (43 USC Sections 1331-1356), the Defense Base Act (42 USC Sections 1651- 1654), the Federal Coal Mine Health and Safety Act of 1969 (30 USC Sections 901-942), and any other federal workers or workmen's compensation law or other federal occupational disease law, or any amendments to these laws; 9. bodily injury to any person in work subject to Federal Employers' Liability Act (45 USC Sections 51060), and any other federal laws obligating an employer to pay damages to an employee due to bodily injury arising out of or in the course of employment, or any amendments to those laws; 10. bodily injury to a master or member of the crew of any vessel; 11. fines or penalties imposed for violation of federal or state law; and 12. damages payable under the Migrant and Seasonal Agricultural Worker Protection Act (29 USC Sections 1801-1872) and under any other federal law awarding damages for violation of those laws or regulations issued thereunder, and any amendments to those laws. D. We Will Defend We have the right and duty to defend, at our expense, any claim, proceeding or suit against you for damages payable by this insurance. We have the right to investigate and settle these claims, proceedings and suits. We have no duty to defend a claim, proceeding or suit that is not covered by this insurance. We have no duty to defend or continue defending after we have paid our applicable limit of liability under this insurance. E. We Will Also Pay We will also pay these costs, in addition to other amounts payable under this insurance, as part of any claim, proceeding, or suit we defend: 1. reasonable expenses incurred at our request, but not loss of earnings; 2. premiums for bonds to release attachments and for appeal bonds in bond amounts up to the limit of our liability under this insurance; 3. litigation costs taxed against you; 4. interest on a judgment as required by law until we offer the amount due under this insurance; and 5. expenses we incur. F. Other Insurance We will not pay more than our share of damages and costs covered by this insurance and other insurance or self-insurance. Subject to any limits of liability that apply, all shares will be equal until the loss is paid. If any insurance or self-insurance is exhausted, the shares of all remaining insurance and self-insurance will be equal until the loss is paid. G. Limits of Liability Our liability to pay for damages is limited. Our limits of liability are: $1,000,000 "Bodily injury by accident — each accident" $1,000,000 "Bodily injury by disease — policy limit' $1,000,000 "Bodily injury by disease — each employee" They apply as explained below: 1. Bodily Injury by Accident. The limit shown for "bodily injury by accident — each accident" is the most we will pay for all damages covered by this insurance because of bodily injury to one or more employees in any one accident. A disease is not bodily injury by accident unless it results directly from bodily injury by accident. 2. Bodily Injury by Disease — Policy Limit. The limit shown for "bodily injury by disease — policy limit' is the most we will pay for all damages covered by this insurance and arising out of bodily injury by disease, regardless of the number of employees who sustain bodily injury by disease. The limit shown for "bodily injury by disease — each employee" is the most we will pay for all damages because of bodily injury by disease to any one employee. Bodily injury by disease does not include disease that results directly from a bodily injury by accident. 3. We will not pay any claims for damages after we have paid the applicable limit of our liability under this insurance. CGC4508 (12/04) Page 2 of 2 COMMERCIAL GENERAL LIABILITY CG 24 04B 05 09 e 6 0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization with whom the insured has agreed to waive rights of recovery, provided such agreement is made in writing and prior to the loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04B 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART PRIMARY/NON-CONTRIBUTORY— If required by written contract or agreement, effected prior to the date your operations for that person or organization commenced and named below, such insurance as is afforded by this policy to any additional insureds under this policy shall be primary insurance, and any insurance or self-insurance maintained by such additional insured(s) shall not contribute to the insurance afforded to the named insured. All other terms and conditions remain unchanged. SCHEDULE Any person or organization that is: 1. An owner of real or personal property on which you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker; or 2. A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. GO 0216 — 4YP 10-17 Includes Copyrighted Material of Insurance Services Office, Page 1 of 1 Inc. with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that is: 1. An owner of real or personal property on which you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker; or 2. A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. WAIVER OF SUBROGATION — If required by written contract or agreement, we waive any right of recovery we may have against any entity that is an additional insured shown in the Schedule above per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" performed under a contract with that person or organization. All other terms and conditions remain unchanged. GO 0218 — 4YA 10-17 Includes Copyrighted Material of Insurance Services Office, Inc. Page 1 of 1 with its permission New X Renewal or Rewrite of: AC244000241 COMMON POLICY DECLARATIONS Named Insured and Mailing Address: Totem Logistics INC DBA: Seattle Junk King 308 Clay ST NW Auburn, WA 98001 Producer: ASCO073 General Agent: Bravo Insurance Company LLC 4220 S 164th St Suite #101 Tukwila, WA 98188 Certificate Number: AC266002079 Griffin Underwriting Services PO Box 3867 Bellevue, WA 98009 Policy Period: From: 11 /11 /2021 To: 11 /11 /2022 Both days at 12:01 A.M. Standard Time at the Described Location Insurance is Effected With: Underwriters at Lloyds, London Authority #: Contributing: B0621 P33068621 100% of Policy THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. COVERAGE PART(S): PREMIUM: Commercial General Liability $ 4,970.00 Commercial Property NOTICE: Report all losses to Griffin $ Not Covered Commercial Inland Marine Underwriting Services, PO Box 3867, $ Not Covered Bellevue, WA 98009; Phone: 800-562-8095; claims@gogus.com $ "This contract is registered and Premium Sub -Total$ 4,970.00Policy Fee $ 325.00 delivered as a surplus line coverage Surplus Lines Tax $ 105.90 under the insurance code of the state Stampinq Office Fee $ 5.30 of Washington, Title 48 RCW. It is not $ protected by any Washington state $ guaranty association law." $ $ GRIFFIN UNDERWRITING SERVICES TOTAL $ 5,406.20 Please check this policy and endorsements against original order. Griffin Underwriting Services assumes no responsibility for errors. IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. Policy fee fully earned. No Flat Cancellations. I Minimum Earned Premium: 25%+ taxes & fees Form(s) and endorsement(s) made a part of this certificate: SEE ATTACHED FORMS & ENDORSEMENTS SCHEDULE REPORT CLAIMS TO: Rockville Risk Mgmt: griffinclaims@rgm.us.com or 866-762-5845 or at www.goqus.com THIS DECLARATIONS PAGE IS ATTACHED TO AND FORMS PART OF THE CERTIFICATE PROVISIONS (SLC-3 USA(GUS) NMA2868). Issued on 2021-11-08 at Bellevue, WA By csm Z/ GUS-CD-1 (6/16) Authorized Representative, Griffin Underwriting Services Certificate No. AC266002079 SCHEDULE OF FORMS AND ENDORSEMENTS Effective Date 11/11/2021 12 01 AM. Standard Time Named Insured Totem Logistics INC DBA: Seattle Junk King COMMON POLICY LMA 5020 (09/05) Service of Suit Clause (U.S.A.) BRIT CGL1010 (06/16) Exclusion - Sexual Abuse & Molestation BRIT CGL1012 (06/16) Exclusion - Infringement Misappropriation and Unfair Competition BRIT CGL1030 (02/20) Exclusion - Multi -Unit Residential Work TRI01a (06/16) Exclusion - Subsidence BRIT COM3001 (06/09) Exclusion - Mold & Fungus BRIT COM3002 (04/13) Minimum Earned Premium CBB001 (04/08) Application Warranty CGC58 (01/11) Fully Earned Fees IL0017 (11/98) Common Policy Conditions LMA5390 (01/20) TRIA - Not Purchased NMA1256 (--/--) Exclusion - Nuclear Energy Liability End't NMA2918 (--/--) Exclusion - War and Terrorism NMA2341 (02/90) Exclusion - Land, Water and Air NMA2342 (02/90) Exclusion - Seepage/Pollution/Contamination LMA5018 (09/05) Exclusion - Microorganism (Absolute) LMA5532 (12/20) Cyber and Data - Exclusion NMA1191 (--/--) Exclusion - Radioactive Contamination, Direct Physical Damage Clause NMA2915 (01/01) Electronic Data Endorsement B NMA2920 (--/--) Exclusion - Terrorism LMA5393 (03/20) Communicable Disease Endorsement CP0175 07/06 Exclusion - Loss Due to Virus or Bacteria LMA3100 (09/10) Sanction Limitation and Exclusion Clause LMA5021 (09/05) Applicable Law (U.S.A.) LSW1001 (--/--) Several Liability Notice NMA2962 (02/03) Exclusion - Biological or Chemical Materials ILP001 (01/04) OFAC Advisory Notice to Policyholders LSW1135B (06/03) Privacy Policy - Lloyd's GUS-PPN (05/17) Privacy Policy Notice (Griffin) SLC-3 USA(GUS) NMA2868 (01/18) Policy Jacket & Certificate Provisions various (--/--) Application STATE IL0146 (09/07) Washington Common Policy Conditions LMA9085 (09/13) Washington Surplus Lines Notice COMMERCIAL GENERAL LIABILITY LS-SD-1 (05/20) Commercial General Liability Coverage Part Supplemental Declarations ART.310 (02/10) Exclusion - Chinese Drywall ATR1503 (06/03) Exclusion - Independent Contractors BRIT CGL1001a (06/16) Classification Limitation BRIT CGL1001b (06/16) Exclusion (revised) - Aircraft/Auto/Watercraft BRIT CGL1001c (06/16) Exclusion (revised) - Employers Liability Page 1 of 2 Certificate No. AC266002079 SCHEDULE OF FORMS AND ENDORSEMENTS Effective Date 11/11/2021 12 01 AM. Standard Time Named Insured Totem Logistics INC DBA: Seattle Junk King BRIT CGL1001d (06/16) Exclusion (revised) - Medical Payments BRIT CGL1001e (06/16) Exclusion - Asbestos BRIT CGL1001f (06/16) Exclusion - Lead Contamination BRIT CGL1001g (06/16) Exclusion - Employees of Indpt Contractors BRIT CGL1001h (06/16) Exclusion - Participants BRIT CGL1001i (06/16) Exclusion - Cross Suits BRIT CGL1001j (06/16) Exclusion - Absorption, Inhalation, Disease BRIT CGL1001k (06/16) Exclusion - Animal, Reptile, Bird BRIT CGL10011 (06/16) Exclusion - Advertising Injury, Intellectual Property Infringement BRIT CGL1001m (06/16) Exclusion - Computer Data, Email, Internet and or Similar Systems BRIT CGL1001n (06/16) Exclusion - Firearms BRIT CGL100lo (06/16) Exclusion - Volunteer Workers BRIT CGL1001p (06/16) Exclusion - Professional Services BRIT CGL1001q (06/16) Who Is An Insured (amended) BRIT CGL1001r (06/16) CGL Conditions (amended) BRIT CGL1001s (06/16) Additional Definitions BRIT CGL1002 (06/16) Exclusion - Assault & Battery BRIT CGL1003 (06/16) Exclusion - Fines, Penalties, Punitive or Exemplary Damages BRIT CGL1004 (06/16) Exclusion - Liquor (Total) CG0001 (04/13) (04/13) Commercial General Liability Coverage Form CG0001 (12/07) (12/07) Commercial General Liability Coverage Form CG2012 (05/09) Additional Insured - State or Political Subdivisions - Permits CG2033 (07/04) Additional Insured - Owners, Lessees or Contractors - Automatic Status ART2001 (04-13) Primary and Noncontributory - Other Insurance Condition CG2132 05/09 Communicable Disease Exclusion CG2147 (12/07) Exclusion - Employment -Related Practices CG2154 (01/96) Exclusion - Designated Operations Covered By a Consolidated (Wrap -Up) Insurance Program CG2404B (05/09) Waiver of Transfer of Rights (Automatic Status) GSC-IM-012a (11/19) Installation Floater IL0021 (05/04) Exclusion - Nuclear Energy Liab (Broad Form) MAP-1 (03/04) Minimum and Advance Premium TRI26 (01/01) Exclusion - Roofing Operations Conditional TRI27 (06/01) Exclusion - EIFS or Synthetic Stucco TRI37 (03/09) Exclusion - Losses, Claims and Litigation Preceding Inception of Policy TRI233 (12/99) Exclusion - Chromated Copper Arsonate TRI284 (07/03) Exclusion - Formaldehyde Page 2 of 2 SERVICE OF SUIT CLAUSE (U.S.A.) This Service of Suit Clause will not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in any Arbitration provision within this Policy. This Clause is intended as an aid to compelling arbitration or enforcing such arbitration or arbitral award, not as an alternative to such Arbitration provision for resolving disputes arising out of this contract of insurance (or reinsurance). It is agreed that in the event of the failure of the Underwriters hereon to pay any amount claimed to be due hereunder, the Underwriters hereon, at the request of the Insured (or Reinsured), will submit to the jurisdiction of a Court of competent jurisdiction within the United States. Nothing in this Clause constitutes or should be understood to constitute a waiver of Underwriters' rights to commence an action in any Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another Court as permitted by the laws of the United States or of any State in the United States. It is further agreed that service of process in such suit may be made upon Lloyd's America Inc, Attn: Legal Dept, 280 Park Ave, East Tower, 25th Floor, New York, NY 10 and that in any suit instituted against any one of them upon this contract, Underwriters will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. The above -named are authorized and directed to accept service of process on behalf of Underwriters in any such suit and/or upon the request of the Insured (or Reinsured) to give a written undertaking to the Insured (or Reinsured) that they will enter a general appearance upon Underwriters' behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, Underwriters hereon hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Insured (or Reinsured) or any beneficiary hereunder arising out of this contract of insurance (or reinsurance), and hereby designate the above -named as the person to whom the said officer is authorized to mail such process or a true copy thereof. 14/09/2005 LMA5020 Form approved by Lloyd's Market Association COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS These Supplemental Declarations for a part of policy number AC266002079 LIMITS OF INSURANCE General Aggregate Limit other than Products/Completed Operations) $ 2,000,000 Products/Completed Operations Aggregate Limit $ 2,000,000 Personal and Advertising Injury Limit $ 1,000,000 Each Occurrence Limit $ 1,000,000 Damage to Premises Rented To You Limit $ 100,000 any one fire Medical Expense Limit $ 5,000 any one person BUSINESS DESCRIPTION AND LOCATION OF PREMISES Form of Business: ❑ Individual ❑ Partnership or ❑ Limited Liability Organization (other than Partnership, ❑ Trust Joint Venture Company Joint Venture or LLC Business Description: Junk Removal Location of all premises you own, rent or occupy: 1 308 Clay St NW, Auburn, WA 98001 PREMIUM Loc/ Rate **Advance Premium Bldg Classification Code No. *Premium Basis PR/Co All Other PR/Co All Other MP 1/1 Garbage, Ash or Refuse Collecting 95233 p 267,400 INCL 18.026 INCL $4,820 1/1 Blanket Additional Insured (CG2033), E-BAIPW EACH 1 INCL 100.000 INCL $100 Blanket Primary & Non -Contributory (ATR2001), Blanket Waiver of Subrogation (CG2404B) [100% fully earnedl 1/1 Excavation 94007 p If Any INCL 89.470 INCL $0 1/1 Additional Insured (State, Political) per CG2012 EACH 1 INCL 50.000 INCL $50 form CG2012 (100% fully earned) *(a) Area, (c) Total Cost, (m) Admission, (p) Payroll, (s) Gross Sales, (u) Units, (o) Other. **MP column indicates Minimum Premium. THIS SUPPLEMENTAL DECLARATIONS AND THE COMMERCIAL LIABILITY DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED POLICY. I-S-SD-1 (5-20) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION-CHINESE DRYWALL This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART ERRORS AND OMISSIONS COVERAGE PART This insurance does not apply to "bodily injury," "property damage," "personal and advertising injury," medical expenses, or "damages" arising out of: 1. The distribution, installation, use or removal of "drywall" originating from and/or manufactured in China. 2. Any threatened, alleged or actual discharge, dispersal, migration, escape, release or emission of any chemical, compound or any other substance from any form of "drywall' originating from and/or manufactured in China in- cluding but not limited to fumes, vapors, gases, and odors. For the purpose of this endorsement, "drywall' means prefabricated sheets or panels of gypsum, synthetic gypsum or other component materials used to create the panels or sheets. ART.310 (2/10) Page 1 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - INDEPENDENT CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is agreed that this insurance does not apply to "bodily injury" or property damage" arising out of a) the acts or omissions of independent contractors while working on behalf of any insured, or b) the negligent: (i) hiring or contracting: (ii) investigation: (iii) supervision: (iv) training: (v) retention: of any independent contractor for whom any insured is or ever was legally responsible and whose acts of omissions would be excluded by (a) above. The term "Independent Contractors" includes "Subcontractors" ATR1503 (06/03) CLASSIFICATION LIMITATION BRIT CGL 1001a (0616) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The policy is amended as follows: Classification Limitation Coverage under this policy is specifically limited to those operations described by the classification(s) in the Commercial General Liability Coverage Part Declarations. This policy does not apply to any operations not specifically listed in the Commercial General Liability Coverage Part Declarations or endorsed hereon. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED BRIT CGL 1001 a (0616) REVISED EXCLUSION BRIT CGL 1001 b (0616) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Revised Exclusion - The following exclusion is amended: Aircraft, Auto or Watercraft A. Exclusion g. Aircraft, Auto or Watercraft in Section I — Coverage A is deleted in its entirety and replaced by the following: This insurance does not apply to: g. Aircraft, Auto Or Watercraft (1) Unmanned Aircraft "Bodily injury" or "property damage" arising out of, caused by, or contributed to by the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and "loading or unloading". This Paragraph g.(1) 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 "occurrence" which caused the "bodily injury' or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". (2) Aircraft (Other Than Unmanned Aircraft), Auto or Watercraft "Bodily injury" or "property damage" arising out of, caused by, or contributed to by the ownership, maintenance, use or entrustment to others of any aircraft (other than an "unmanned aircraft"), "auto", watercraft, snowmobile, all terrain vehicle (ATV) or motorcycle. Use includes operation and "loading and unloading". This Paragraph g.(2) 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 "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft (other than an "unmanned aircraft"), "auto", watercraft, snowmobile, all terrain vehicle (ATV) or motorcycle. This paragraph g.(2) does not apply to: (a) A watercraft while ashore on premises you own or rent; (b) A watercraft you do not own that is: (1) Less than 26 feet long; and (ii) Not being used to carry persons or property for a charge; BRIT CGL 1001 b (0616) REVISED EXCLUSION BRIT CGL 1001 b (0616) (c) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or any other insured; (d) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft (other than an "unmanned aircraft"), "auto", watercraft, snowmobile, all terrain vehicle (ATV) or motorcycle; or (e) "Bodily injury" or "property damage" arising out of: (i) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged; or (ii) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment". B. The following exclusion is added to Paragraph 2. Exclusions of Coverage B — Personal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: Unmanned Aircraft "Personal and advertising injury" arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes "loading and unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the offense which caused the "personal or advertising injury" involved the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". This exclusion does not apply to: a.The use of another's advertising idea in your "advertisement"; or b.lnfringing upon another's copyright, trade dress or slogan in your "advertisement". C. The following definition is added to the Definitions section: "Unmanned aircraft" means an aircraft that is not: 1. Designed; 2. Manufactured; or 3. Modified after manufacture; To be controlled directly by a person from within or on the aircraft. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED BRIT CGL 1001 b (0616) REVISED EXCLUSION BRIT CGL 1001c (0616) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Employers Liability Exclusion e. Employer's Liability of Section I — Coverage A - Bodily Injury and Property Damage Liability is replaced by the following: This insurance does not apply to "bodily injury" to: (1) An "employee", "temporary worker" or "volunteer worker" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business: or (2) The spouse, child, parent, brother or sister of that "employee", "temporary worker" "volunteer worker" as a consequence of Paragraph (1) above. this exclusion applies: (1) whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED BRIT CGL 1001 c (0616) REVISED EXCLUSION BRIT CGL 1001 d (0616) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Medical Payments Exclusion 2.a. Any Insured in Section I — Coverage C is deleted in its entirety and replaced by the following: We will not pay expenses for "bodily injury": a. Any Insured To any insured. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED BRIT CGL 1001d (0616) ADDITIONAL EXCLUSION BRIT CGL 1001e (0616) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to: Asbestos a. The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability: This insurance does not apply to: (1) (a) "Bodily injury" or medical expenses arising, in whole or in part, out of the actual, alleged, threatened or suspected inhalation of, ingestion of, absorption of, the "asbestos hazard"; or (b) "Property damage" arising, in whole or in part, out of the actual, alleged, threatened or suspected contact with, exposure to, existence of, or presence of, the "asbestos hazard"; (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of the "asbestos hazard"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, the "asbestos hazard". b. The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability: This insurance does not apply to: (1) "Personal and advertising injury" arising, in whole or in part, out of the actual, alleged, threatened or suspected inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, the "asbestos hazard". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of the "asbestos hazard"; or BRIT CGL 1001 e (0616) ADDITIONAL EXCLUSION BRIT CGL 1001e (0616) (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, the "asbestos hazard". C. The following definitions are added to Section V - Definitions: 1. "Asbestos Hazard" means: (a) An actual exposure or threat of exposure to the harmful properties of "asbestos"; or (b) The presence of "asbestos" in any place, whether or not within a building or structure 2. "Asbestos" means the mineral in any form, including but not limited to fibers or dust. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED BRIT CGL 1001 e (0616) ADDITIONAL EXCLUSION BRIT CGL 1001f (0616) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to: Lead Contamination a. "Bodily injury", "property damage", or "personal and advertising injury" arising out of the actual, alleged or suspected: (1) Ingestion, inhalation, absorption, or prolonged physical exposure or threat of exposure to lead in any form, or goods or products containing any form of lead; (2) Use of any form of lead in constructing or manufacturing any good, product or structure; or (3) Removal of any forms of lead from any good, product, or structure, or from any body of water and/or watercourse, including but not limited to an ocean, lake, estuary, or marsh, or any land, and/or soil of any nature whatsoever; (4) Manufacture, sale, transportation, storage, or disposal of lead, or goods or products containing any form of lead; or b. Any loss, cost or expense arising out of any request, demand, order or statutory or regulatory requirement that any insured or others identify, abate, test for, sample, monitor, clean up, remove, cover, contain, treat, detoxify or neutralise, or mitigate or in any way respond to, or assess the effects of lead; or repair, replace or improve any property as a result of such effects; or C. Any loss, cost or expense arising out of any claim or "suit' by or on behalf of a governmental authority for damages because of identification of, abatement of, testing for, sampling, monitoring, cleaning up, removing, covering, containing, treating, detoxifying, decontaminating, neutralizing or mitigating, or in any way responding to, or assessing the effects of lead; or repairing, replacing or improving any property as a result of such effects. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED BRIT CGL 1001f (0616) ADDITIONAL EXCLUSION BRIT CGL 1001 g (0616) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to: Employees of Independent Contractors "Bodily injury", "property damage", "personal and advertising injury", or any injury, loss or damage: a. Sustained by any employee of an independent contractor contracted by you or on your behalf; or b. Arising out of operations performed for you by independent contractors or your acts or omissions in connection with your general supervision of such operations. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED BRIT CGL 1001 g (0616) ADDITIONAL EXCLUSION BRIT CGL 1001 h (0616) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to: Participants a. "Bodily injury" or "personal and advertising injury" sustained by any person while practising for, participating in, or in any way organizing, sponsoring or assisting in any exhibition, event, contest, demonstration race or show; or b. "Property damage" to any property of any person described in a. above. As used herein, "any person" includes, but is not limited to, attendants, mechanics, stewards, officials, announcers, musicians, animal handlers, or any other individual employed by or doing volunteer work for an insured, whether or not authorized by or at the direction of the insured. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED BRIT CGL 1001 h (0616) ADDITIONAL EXCLUSION BRIT CGL 1001 i (0616) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to: Cross Suits "Bodily injury", "property damage", "personal and advertising injury", or any injury, loss or damage arising out of any claim, "suit', action or other proceeding or any allegation or expense initiated or caused to be brought about by any insured covered by this policy against any other insured covered by this policy. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED BRIT CGL 1001 i (0616) ADDITIONAL EXCLUSION BRIT CGL 1001j (0616) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to: Absorption / Inhalation / Disease a. "Bodily injury", "property damage", "personal and advertising injury", or any other damages, for past, present, or future claims arising in whole or in part, directly or indirectly out of: (1) Any form of inhalation or absorption; or (2) Acquired Immunodeficiency Syndrome or Human Immunodeficiency Virus, or exposure to another having such syndrome or virus, or to substances or materials contaminated with such syndrome or virus; or (3) The fear of contracting Acquired Immunodeficiency Syndrome or Human Immunodeficiency Virus; or (4) Any sexually transmitted disease; or (5) Any form of communicable disease. b. This exclusion applies whether damages result from an insured's alleged or actual act or failure to act in: (1) Hiring, training or supervising of any person or in controlling, monitoring or supervising the care of any person in the custody of any insured; or (2) Testing, screening, segregating or obtaining medical treatment for any person in the custody of any insured; or (3) Disposing of contaminating substances or materials. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED BRIT CGL 1001j (0616) ADDITIONAL EXCLUSION BRIT CGL 1001k (0616) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to: Animal / Reptile / Bird "Bodily injury", "property damage", "personal and advertising injury", or any injury, loss or damage arising out of or caused by an animal, reptile or bird. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED BRIT CGL 1001 k (0616) ADDITIONAL EXCLUSION BRIT CGL 10011 (0616) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to: Advertising Injury / Intellectual Property Infringement "bodily injury", "property damage", "personal and advertising injury", or any injury, loss or damage from intellectual property, proprietary property rights, patent, trademark and/or copyright infringement, misappropriation of trade secret and or practice, piracy, fraudulent concealment, unjust enrichment, misrepresentation or negligent misrepresentation; and/or deceptive, false, fraudulent, misleading, unfair, unlawful or untrue business act or practice with respect to advertising. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED BRIT CGL 10011 (0616) ADDITIONAL EXCLUSION BRIT CGL 1001 m (0616) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to: Computer, Data, Email, Internet and/or Other Similar Systems "bodily injury", "property damage", "personal and advertising injury', or any injury, loss or damage from internet exposures, world -wide -web, cyber system(s), computer hardware or software, electronic data, e-mail, unauthorised use, loss/misuse of data, or from any loss of, alteration of, failure, error, negligence, malfunction, inadequacy of, damage to or a reduction in functionality, availability or operation of a computer system, network(s), program(s), software, data, information repository, microchip(s), integrated circuit or similar device in computer equipment or non -computer equipment, regardless of cause, and/or resultant loss of income, whether property of the insured or any other. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED BRIT CGL 1001 m (0616) ADDITIONAL EXCLUSION BRIT CGL 1001 n (0616) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to: Firearms "Bodily injury", "property damage", "personal and advertising injury", or any loss, cost, damage or expense arising out of the ownership, rental, maintenance, use or misuse of any firearm. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED BRIT CGL 1001 n (0616) ADDITIONAL EXCLUSION BRIT CGL 1001 o (0616) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to: Volunteer Worker "Bodily injury", "property damage", "personal and advertising injury", or any injury, loss or damage to, or caused by or committed by, any "volunteer worker". ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED BRIT CGL 1001 o (0616) ADDITIONAL EXCLUSION BRIT CGL 1001 p (0616) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to: Professional Services Exclusion A. The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability: This insurance does not apply to "bodily injury" or "property damage" arising out of failure to render any type of professional service. We will have no duty to defend the insured against any "suit" or share in any loss with another insurer who has a duty to defend or pay damages arising from the same. B. The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability: This insurance does not apply to "personal and advertising injury" arising out of the insured's professional liability, malpractice, errors or omissions in rendering or failure to render any type of professional service. We will have no duty to defend the insured against any "suit" or share in any loss with another insurer who has a duty to defend or pay damages arising from the same. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED BRIT CGL 1001 p (0616) BRIT CGL 1001 q (0616) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The policy is amended as follows: Section II — Who is An Insured 1. Paragraph 2. is deleted in its entirety and replaced by the following: 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 business. However, none of these "employees" are insureds for: (1) "Bodily injury' or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership orjoint 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; (b) To the spouse, child, parent, brother or sister of that co -"employee" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (1)(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (2) "Property damage" to property: (a) Owned, occupied, or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee"), or any organization while acting as your real estate manager. C. Any person or organization having proper temporary custody of your property if you die, but only: BRIT CGL 1001 q (0616) BRIT CGL 1001 q (0616) (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 2. Paragraph 3. is deleted in its entirety. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED BRIT CGL 1001 q (0616) BRIT CGL 1001r (0616) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The policy is amended as follows: Section IV —Commercial General Liability Conditions Condition 4. Other Insurance, under Section IV — Commercial General Liability Conditions, item b. Excess Insurance (1) (d) providing excess insurance if the loss arises out of the maintenance or use of aircraft, "autos" or watercraft is deleted. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED BRIT CGL 1001 r (0616) ADDITIONAL DEFINITIONS BRIT CGL 1001s (0616) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The policy is amended as follows: F. Section V — Definitions 1. Definition 9. is deleted in its entirety and replaced by the following: 9. "Insured contract' means: 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 to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract'; b. A sidetrack agreement; C. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement. 2. Oral Contracts The definition of any "insured contract' is amended solely to apply to such contracts or agreements which existed in writing prior to an occurrence. In no event will this insurance apply to any allegation of liability assumed by the insured under an oral contract. Further, this insurance does not apply to claims arising out of breach of contract, whether oral or written, express or implied, implied -in-law, or implied -in -fact contract. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED BRIT CGL 1001 s (0616) A&B EXCLUSION ENDORSEMENT BRIT CGL 1002 (06 2016) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The policy includes the following exclusion for assault and/or battery: Assault and/or Battery Exclusion This insurance does not apply to any claim and/or cause of action arising from: 1. An assault and/or battery, regardless of culpability or intent; or 2. A physical altercation; or 3. Any act or failure to act to prevent or suppress such assault and/or battery or physical altercation. The above applies whether caused, in whole or in part, by the insured, an employee, a patron, or any other person; and whether or not the assault and/or battery or physical altercation occurred at the premises owned, leased, rented or occupied by the insured. This exclusion also applies to any claim and/or cause of action seeking: 1. Damages arising from a claim by any other person, firm or organization, asserting rights derived from, or contingent upon, any person asserting a claim arising out of an assault and/or battery or a physical altercation; or 2. Damages for: a. emotional distress, b. loss of society, services, consortium, and/or C. income reimbursement for expenses arising out of an assault and/or battery or physical altercation (including but not limited to medical expenses, hospital expenses, and wages) paid or incurred by any other person, firm or organization; or 3. To have the insured share damages with or repay someone who must pay damages because of such assault and/or battery or physical altercation; or 4. Damages arising out of allegations of negligent hiring, placement, training or supervision, and/or damages arising out of any act, error, or omission relating to such assault and/or battery or physical altercation. 5. Damages arising out of failure to provide proper security or safe premises to any person subject to an assault and/or battery or physical altercation. We are under no duty to defend an insured in any "suit" alleging such damages arising out of any assault and/or battery or physical altercation of any nature whatsoever. The sentence "This exclusion does not apply to `bodily injury' resulting from the use of reasonable force to protect persons or property" is deleted from the Commercial Liability Coverage Form, Section 1, Item 2., Exclusions, a. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED FINES, PENALTIES, PUNITIVE OR EXEMPLARY DAMAGES EXCLUSION ENDORSEMENT BRIT CGL 1003 (0616) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The policy includes the following exclusion for Fines, Penalties, Punitive or Exemplary damages: Fines, Penalties, Punitive or Exemplary Damages Exclusion Endorsement The following exclusion is added to the Policy: This insurance does not apply to: Fines, penalties and punitive or exemplary damages. If a claim or a "suit' is brought against an insured for a claim within the coverage provided under this policy, seeking fines, penalties, compensatory and punitive or exemplary damages, then we shall afford a defense for such action. We shall not, however, have any obligation to pay for any costs, interest or damages attributable to fines, penalties and punitive or exemplary damages. If State law provides for statutory multiple damage awards, we will pay only the amount of the award before the multiplier is applied. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED BRIT CGL 1003 (0616) FINES, PENALTIES, PUNITIVE OR EXEMPLARY PAGE 1 OF 1 DAMAGES EXCLUSION ENDORSEMENT TOTAL LIQUOR EXCLUSION ENDORSEMENT BRIT CGL 1004 (0616) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The policy includes the following exclusion for Liquor: Total Liquor Exclusion Exclusion 2.c. Liquor Liability in Section I — Coverage A is deleted in its entirety and replaced by the following: This insurance does not apply to: c. Liquor Liability "Bodily injury", "property damage", "personal and advertising injury", or any injury, loss or damage for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; and/or (2) Furnishing alcoholic beverages to anyone under legal drinking age or under the influence of alcohol; and/or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages; and/or (4) Any act or omission by any insured, any "employee" or "temporary worker" of any insured any patrons, members, associates, or "volunteer workers" of any insured, or any other persons, as respects providing or failing to provide transportation, detaining or failing to detain any person, or any act of assuming or failing to assume responsibility for the wellbeing, supervision or care of any person allegedly under or suspected to be under the influence of alcohol. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED BRIT CGL 1004 (0616) TOTAL LIQUOR EXCLUSION ENDORSEMENT PAGE 1 OF 1 SEXUAL ABUSE AND/OR MOLESTATION EXCLUSION ENDORSEMENT BRIT CGL 1010 (0616) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The policy includes the following exclusion for Sexual Abuse and/or Molestation: Sexual Abuse and/or Molestation Exclusion Endorsement The following exclusion is added to the Policy: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of: a. The actual or threatened: abuse or molestation of any person or licentious, immoral or sexual behaviour of any person, whether or not intended to lead to, or culminating in any sexual act, and whether caused by, or at the instigation of, or at the direction of, or omission by, any insured, his employees, or any other person; or b. The actual or alleged transmission of any communicable disease; or C. Charges or allegations of negligent: hiring, employment, investigation, supervision, reporting to the proper authorities or failure to so report, or retention of a person for whom any insured is, or ever was, legally responsible and whose conduct would be excluded by paragraph a. above. Abuse includes, but is not limited to, negligent or intentional infliction of physical, emotional or psychological injury. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED BRIT CGL 1010 (0616) SEXUAL ABUSE AND/OR MOLESTATION PAGE 1 OF 1 EXCLUSION ENDORSEMENT BRIT CGL 1012 (06 2016) This Endorsement Changes the Policy — Please Read it Carefully INFRINGEMENT, MISAPPROPRIATION AND UNFAIR COMPETITION EXCLUSION Exclusion 2.i. of Coverage B — Personal and Advertising Injury Liability in form CG0001 is deleted and replaced with the following: It is hereby agreed that this policy shall not apply directly or indirectly under any circumstances to any "claim," "suit," or liability arising from: A. Any actual or alleged infringement of any nature of a copyright, trademark, patent, title, slogan, service mark, service name, domain name, other source identifier, or trade dress, including but not limited to, any claim arising out of or occurring in your written, electronic or verbal advertising, your promotion of goods or services, your provision of goods or services, or your distribution of goods or services; B. Any actual or alleged infringement or invasion of or interference with the right of privacy or publicity including, but not limited to, intrusion, public disclosure of private facts, unwarranted or wrongful publicity, false light or the use of name or likeness for profit; C. Actual or alleged misappropriation or plagiarism of information, trade secrets, ideas or style of doing business; D. Any tarnishment or dilution of any nature of a copyright, trademark, patent, title, slogan, service mark, service name, domain name, other source identifier, or trade dress, including but not limited to, any claim arising out of or occurring in your written, electronic or verbal advertising, your promotion of goods or services, your provision of goods or services, or your distribution of goods or services; E. Any actual or alleged trade libel or defamation of goods or services, or any advertisement, promotion or statement about your goods or services that is alleged to defame a goods or services of another; or F. Actual or alleged "unfair competition" as defined by statute or common law, whether or not pertaining to and/or alleged in conjunction with a claim of any nature arising directly or indirectly from plagiarism, misappropriation of information or ideas, "piracy," or any infringement of a: i) copyright ii) title iii) slogan iv) trademark v) trade name vi) trade dress vii) service mark viii) service name ix) domain name x) other source identifier, or xi) patent. All other terms and conditions of this policy remain unchanged. This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy). Policy Number: Named Insured: Endorsement Effective Date: EXCLUSION — MULTI -UNIT RESIDENTIAL WORK BRIT CGL 1030 (02 2020) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION — MULTI -UNIT RESIDENTIAL WORK This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph 2., Exclusions of Section I — Coverage A — Bodily Injury and Property Damage Liability and Paragraph 2., Exclusions of Section I — Coverage B — Personal and Advertising Injury Liability : This insurance does not apply to, and we have no duty to defend any claims, "suits", actions, allegations, accusations or charges, nor any loss, cost or expense, however caused, arising directly or indirectly out of, or related to your operations, "your work", or "your product', or the operations, work, or product of any "insured" or contractor(s) or subcontractor(s) working directly or indirectly on behalf of you or any "insured", involving the new development, construction, conversion and/or demolition of, or incorporation into: 1. "tract homes", meaning any one of a group of similar homes built in the same area, project or sub- division, by the same or different builder. 2. Condominiums, 3. Town homes, or 4. Any other type of multiple unit residential, or mixed -use residential/commercial structure, whether by an "insured", an entity to which an "insured" owes an indemnity obligation, or any other entity, regardless of whether you, any "insured", or any contractor(s) or subcontractor(s) performed operations on only one or more homes, condominiums or structures forming the multi -unit development, construction, conversion and/or demolition. This exclusion shall not apply to a claim arising directly or indirectly out of, or related to your operations, "your work", or "your product' in the development, construction, conversion and/or demolition of, or incorporation into, 15 or fewer "tract homes" in a single development project. This exclusion does not apply to your operations, "your work", or "your product' involving the development, construction, conversion and/or demolition of, or incorporation into apartments. This exclusion does not apply to remodelling, repair or maintenance operations on single family dwellings, "tract homes", apartments, condominiums, town homes or any other type of multiple unit residential or mixed - use residential/commercial structure after same has been erected, certified for occupancy and put to their intended use. All other terms, conditions, and exclusions of the policy remain unchanged. Includes copyrighted material of ISO Properties, Inc. used with permission PAGE 1 OF 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SUBSIDENCE EXCLUSION This insurance does not apply to "bodily injury", "property damage", "personal injury" or "advertising injury" caused by, resulting from, attributable or contributed to or aggravated by the subsidence of land. "Subsidence of land" means movement of the earth or land, including movement to a higher or lower level, landslide, mud flow, mud slide, or the rising, settling, shifting or shrinking of earth resulting from work or operations performed by you or any other contractor or sub -contractor working on your behalf. ALL OTHER TERMS AND CONDITIONS OF THIS CERTIFICATE REMAIN UNCHANGED. TR101 a (06/16) MOLD & FUNGUS EXCLUSION ENDORSEMENT BRIT COM 3001 (0609) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY The policy includes the following exclusion for Mold and/or Fungus Mold and/or Fungus Exclusion This insurance does not apply to any "bodily injury", "property damage", "personal and advertising injury" or any physical loss of or damage to property nor do we have any duty to defend an insured against any "suit' caused by or contributed to, directly or indirectly, by the presence of (a) mold, (b) any material, product, building or building component containing any mold or contributing to the growth of mold; (c) any solid or liquid substance, vapor, fume or gas arising from or generated by any mold. Such loss is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss. We do not cover any loss, cost or expense arising out of any such claim or "suit' for damages concerning mold regardless of any other cause, event, happening, occurrence that may have also caused, contributed to or aggravated the injury or damage. This insurance does not cover any loss, cost or expense incurred by any person or entity (including any governmental organization) to test for, monitor, remove, treat or in any way respond to the actual or potential presence of mold. "Mold" includes but is not limited to mold, mildew, fungi, bacteria, mushrooms, yeasts, dry rot, organisms or micro-organisms of any kind including any spores or other reproductive body produced by or arising out there from. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED BRIT COM 3001 (0609) MOLD & FUNGUS EXCLUSION ENDORSEMENT PAGE 1 OF 1 MINIMUM EARNED PREMIUM ENDORSEMENT BRIT COM 3002 (0413) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART The policy includes the following condition with regard to Minimum Earned Premium: Minimum Earned Premium Endorsement The following condition is added to the Policy: The minimum earned Premium for the Policy is 25 % of the premium shown on the Declaration page. It is further agreed that cancellation for non-payment of premium shall be deemed a request by the named insured for cancellation of this policy thereby activating the foregoing minimum premium provision. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED BRIT COM 3002 (0413) MINIMUM EARNED PREMIUM ENDORSEMENT PAGE 1 OF 1 THIS ENDORSEMENT CHANGES THE POLICY — PLEASE READ IT CAREFULLY APPLICATION WARRANTY By accepting this Policy, the Insured agrees at the effective date of this Policy that the statements in the application, attachments thereto and any renewal supplements which are made a part of this Policy (1) are the Insured's true and accurate representations; (2) are deemed material; and (3) have been relied upon in the issuance of this Policy. This policy shall be void and of no effect whatsoever only as to any Insured who is responsible for or who has knowledge of any misrepresentation in the application, attachments and/or renewal supplements. Such responsibility or knowledge shall not be imputed to any other Insured for the purposes of determining the availability of coverage. CBB001(04/08) COMMERCIAL GENERAL LIABILITY CG 00 01 04 13 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, 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 II — Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COVERAGES COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury' or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury' or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" 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 II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury' or "property damage" after the end of the policy period. d. "Bodily injury' or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury' or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. e. 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". CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 16 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the "occurrence" which caused the "bodily injury' or "property damage", involved that which is described in Paragraph (1), (2) or (3) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. 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. This exclusion does not apply to liability assumed by the insured under an "insured contract". Page 2 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 f. Pollution (d) At or from any premises, site or location (1) "Bodily injury' or "property damage" arising on which any insured or any contractors out of the actual, alleged or threatened or subcontractors working directly or discharge, dispersal, seepage, migration, indirectly on any insured's behalf are release or escape of "pollutants": performing operations if the "pollutants" are brought on or to the premises, site (a) At or from any premises, site or location or location in connection with such which is or was at any time owned or operations by such insured, contractor occupied by, or rented or loaned to, any or subcontractor. However, this insured. However, this subparagraph subparagraph does not apply to: does not apply to: (i) "Bodily injury" or "property damage" (i) Bodily injuryif sustained within a arising out of the escape of fuels, building and caused by smoke, lubricants or other operating fluids fumes, vapor or soot produced by or which are needed to perform the originating from equipment that is normal electrical, hydraulic or used to heat, cool or dehumidify the mechanical functions necessary for building, or equipment that is used to the operation of "mobile equipment" heat water for personal use, by the or its parts, if such fuels, lubricants building's occupants or their guests; or other operating fluids escape from (II) "Bodily injury" or "property damage" a vehicle part designed to hold, store for which you may be held liable, if or receive them. This exception does you are a contractor and the owner not apply if the "bodily injury" or or lessee of such premises, site or "property damage" arises out of the location has been added to your intentional discharge, dispersal or policy as an additional insured with release of the fuels, lubricants or respect to your ongoing operations other operating fluids, or if such performed for that additional insured fuels, lubricants or other operating at that premises, site or location and fluids are brought on or to the such premises, site or location is not premises, site or location with the and never was owned or occupied intent that they be discharged, by, or rented or loaned to, any dispersed or released as part of the insured, other than that additional operations being performed by such insured; or insured, contractor or subcontractor; (iii) "Bodily injury" or "property damage" (ii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes sustained within a building and from a "hostile fire"; caused by the release of gases, (b) At or from any premises, site or location fumes or vapors from materials which is or was at any time used by or brought into that building in for any insured or others for the connection with operations being handling, storage, disposal, processing performed by you or on your behalf or treatment of waste; by a contractor or subcontractor; or (c) Which are or were at any time (iii) "Bodily injury" or "property damage" transported, handled, stored, treated, arising out of heat, smoke or fumes "hostile disposed of, or processed as waste by from a fire". or for: (e) At or from any premises, site or location (i) Any insured; or on which any insured or any contractors or subcontractors working directly or (ii) Any person or organization for whom indirectly on any insured's behalf are you may be legally responsible; or performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 3 of 16 (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment". h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. i. War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; Page 4 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 (4) Personal property in the care, custody or control 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) 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. 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), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard". k. Damage To Your Product "Property damage" to "your product' arising out of it or any part of it. I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products - completed operations hazard". 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. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product' or "your work"; or 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. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product'; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. However, this exclusion does not apply to liability for damages because of "bodily injury". As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. q. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury" or "property damage" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (2) A delay or failure by you or anyone acting (3) The Fair Credit Reporting Act (FCRA), and on your behalf to perform a contract or any amendment of or addition to such law, agreement in accordance with its terms. including the Fair and Accurate Credit Transactions Act (FACTA); or CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 5 of 16 (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire 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 Section III — Limits Of Insurance. COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral or written 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 or written publication, in any manner, of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's advertising idea in your "advertisement". g. Quality Or Performance Of Goods — Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising the wrong description of products or services "advertisement". injury" arising out of the price of goods, stated in your Page 6 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 i. Infringement Of Copyright, Patent, Trademark Or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in your "advertisement". However, this exclusion does not apply to infringement, in your "advertisement", of copyright, trade dress or slogan. j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "personal and advertising injury" under the Definitions section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. I. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution -related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 7 of 16 COVERAGE C — MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, X-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products -Completed Operations Hazard Included within the "products -completed operations hazard". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS —COVERAGES A AND B 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. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. 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 $250 a day because of time off from work. e. 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. f. Prejudgment 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 prejudgment interest based on that period of time after the offer. Page 8 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 g. 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. These payments will not reduce the limits 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 "occurrence" 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. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. 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 or settlements or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II — 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. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 9 of 16 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or 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 business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her 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; c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and (b) To the spouse, child, parent, brother or c. Coverage B does not apply to "personal and sister of that co -"employee" or advertising injury" arising out of an offense "volunteer worker" as a consequence of committed before you acquired or formed the Paragraph (1)(a) above; organization. (c) For which there is any obligation to No person or organization is an insured with respect share damages with or repay someone to the conduct of any current or past partnership, joint else who must pay damages because of venture or limited liability company that is not shown the injury described in Paragraph (1)(a) as a Named Insured in the Declarations. or (b) above; or SECTION III — LIMITS OF INSURANCE (d) Arising out of his or her providing or failing to provide professional health care services. (2) "Property damage" to property: (a) Owned, occupied or used by; (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B. Page 10 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard". 4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) 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. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: 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 Part 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; but we will not be liable for damages that are not payable under the terms of this Coverage Part 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. CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 11 of 16 4. Otherinsurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, 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. Then, we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (iii) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability. (b) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured. (2) When this insurance is excess, we will have no duty under Coverages A or B 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 loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self - insured amounts under all that other insurance. (4) We will share the remaining loss, 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 Part. 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 loss remains, 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 Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium 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. 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 greater than the earned premium, 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 Declarations are accurate and complete; Page 12 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 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 However, "auto" does not include "mobile equipment". 3. "Bodily injury' means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. Except with respect to the Limits of Insurance, and 4 any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, 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. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; 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; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication; provided the insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in Paragraph a. above or in a settlement we agree to. 5. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 6. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. 7. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 8. "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. CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 13 of 16 9. "Insured contract" means: 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 to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. 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. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; (2) 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 (3) 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 (2) above and supervisory, inspection, architectural or engineering activities. 10."Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 11."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 an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 12."Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. Page 14 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 13."Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 14."Personal and advertising injury' means injury, including consequential "bodily injury', arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; f. The use of another's advertising idea in your "advertisement"; or g. Infringing upon another's copyright, trade dress or slogan in your "advertisement". 15."Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 16. "Prod ucts-com pleted operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (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. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy Schedule, states that products - completed operations are subject to the General Aggregate Limit. 17."Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, electronic data is not tangible property. CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 15 of 16 As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 18."Suit" means a civil proceeding in which damages because of "bodily injury', "property damage" or "personal and advertising injury" 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. 19."Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. 20."Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 21."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. 22. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. Page 16 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 COMMERCIAL GENERAL LIABILITY CG 00 01 12 07 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, 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 II — Who Is An In- sured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be- comes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this in- surance does not apply. We may, at our discre- tion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insur- ance in the payment of judgments or set- tlements under Coverages A or B or medi- cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex- plicitly provided for under Supplementary Pay- ments — Coverages A and B. b. This insurance applies to "bodily injury' and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "oc- currence" or claim, knew that the "bodily in- jury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any con- tinuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have oc- curred by any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or re- ceive notice of an "occurrence" or claim, in- cludes any continuation, change or resumption of that "bodily injury" or "property damage" af- ter the end of the policy period. d. "Bodily injury' or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed un- der Paragraph 1. of Section II — Who Is An In- sured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other in- surer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury' or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has oc- curred or has begun to occur. CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 1 of 16 0 e. Damages because of "bodily injury" include damages claimed by any person or organiza- tion for care, loss of services or death resulting at any time from the "bodily injury'. 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a con- tract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subse- quent to the execution of the contract or agreement. Solely for the purposes of liabil- ity assumed in an "insured contract", rea- sonable attorney fees and necessary litiga- tion expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation ex- penses are for defense of that party against a civil or alternative dispute res- olution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury' or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or un- der the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alco- holic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unem- ployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damag- es with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability as- sumed by the insured under an "insured con- tract". Page 2 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 0 f. Pollution (d) At or from any premises, site or location (1) "Bodily injury" or "property damage" arising on which any insured or any contractors out of the actual, alleged or threatened dis- or subcontractors working directly or in - charge, dispersal, seepage, migration, re- directly on any insured's behalf are per - lease or escape of "pollutants": forming operations if the "pollutants" are brought on or to the premises, site or lo- (a) At or from any premises, site or location cation in connection with such opera - which is or was at any time owned or tions by such insured, contractor or sub - occupied by, or rented or loaned to, any contractor. However, this subparagraph insured. However, this subparagraph does not apply to: does not apply to: (i) "Bodily injury" or "property damage" (i) "Bodily injury" if sustained within a arising out of the escape of fuels, building and caused by smoke, lubricants or other operating fluids fumes, vapor or soot produced by or which are needed to perform the originating from equipment that is normal electrical, hydraulic or me - used to heat, cool or dehumidify the chanical functions necessary for the building, or equipment that is used to operation of "mobile equipment" or heat water for personal use, by the its parts, if such fuels, lubricants or building's occupants or their guests; other operating fluids escape from a (ii) "Bodily injury' or "property damage" vehicle part designed to hold, store for which you may be held liable, if or receive them. This exception does you are a contractor and the owner not apply if the "bodily injury" or or lessee of such premises, site or "property damage" arises out of the location has been added to your pol- intentional discharge, dispersal or re - icy as an additional insured with re- lease of the fuels, lubricants or other spect to your ongoing operations operating fluids, or if such fuels, lub- performed for that additional insured ricants or other operating fluids are at that premises, site or location and brought on or to the premises, site or such premises, site or location is not location with the intent that they be and never was owned or occupied discharged, dispersed or released as by, or rented or loaned to, any in- part of the operations being per- sured, other than that additional in- formed by such insured, contractor sured; or or subcontractor; (ill) "Bodily injury" or "property damage" (ii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes sustained within a building and from a "hostile fire"; caused by the release of gases, (b) At or from any premises, site or location fumes or vapors from materials which is or was at any time used by or brought into that building in connec- for any insured or others for the han- tion with operations being performed dling, storage, disposal, processing or by you or on your behalf by a con - treatment of waste; tractor or subcontractor; or (c) Which are or were at any time trans- (ill) "Bodily injury" or "property damage" ported, handled, stored, treated, dis- arising out of heat, smoke or fumes posed of, or processed as waste by or from a hostile fire". for: (e) At or from any premises, site or location (1) Any insured; or on which any insured or any contractors or subcontractors working directly or in- (ii) Any person or organization for whom directly on any insured's behalf are per - you may be legally responsible; or forming operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the ef- fects of, "pollutants". CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 3 of 16 0 (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, re- move, contain, treat, detoxify or neutral- ize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or "suit" by or on behalf of a gov- ernmental authority for damages be- cause of testing for, monitoring, cleaning up, removing, containing, treating, de- toxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a govern- mental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or en- trustment to others of any aircraft, "auto" or wa- tercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employ- ment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrust- ment to others of any aircraft, "auto" or water- craft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (5) "Bodily injury' or "property damage" arising out of: (a) The operation of machinery or equip- ment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is li- censed or principally garaged; or (b) the operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equip- ment". h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. i. War "Bodily injury' or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental au- thority in hindering or defending against any of these. j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restora- tion or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (4) Liability assumed under any "insured con- (3) Property loaned to you; tract" for the ownership, maintenance or (4) Personal property in the care, custody or use of aircraft or watercraft; or control of the insured; Page 4 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 9 (5) That particular part of real property on which you or any contractors or subcontrac- tors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those op- erations; or (6) That particular part of any property that must be restored, repaired or replaced be- cause "your work" was incorrectly per- formed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the con- tents of such premises, rented to you for a pe- riod of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Prem- ises Rented To You as described in Section III — Limits Of Insurance. 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), (4), (5) and (6) of this exclu- sion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products - completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage aris- es was performed on your behalf by a subcon- tractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or danger- ous condition in "your product" or "your work"; or (2) 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 ac- cidental physical injury to "your product" or "your work" after it has been put to its intended use. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or ex- pense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, re- placement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and ad- vertising injury'. p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. q. Distribution Of Material In Violation Of Statutes "Bodily injury' or "property damage" arising di- rectly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmit- ting, communicating or distribution of mate- rial or information. CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 5 of 16 0 Exclusions c. through n. do not apply to damage by fire to premises while rented to you or tempo- rarily occupied by you with permission of the own- er. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be- comes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "per- sonal and advertising injury" to which this in- surance does not apply. We may, at our discre- tion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insur- ance in the payment of judgments or set- tlements under Coverages A or B or medi- cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex- plicitly provided for under Supplementary Pay- ments — Coverages A and B. b. This insurance applies to "personal and adver- tising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and ad- vertising injury". b. Material Published With Knowledge Of Falsity c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to li- ability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied con- tract to use another's advertising idea in your "advertisement". g. Quality Or Performance Of Goods — Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or per- formance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertise- ment". i. Infringement Of Copyright, Patent, Trademark Or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, patent, trade- mark, trade secret or other intellectual property rights. Under this exclusion, such other intellec- tual property rights do not include the use of another's advertising idea in your "advertise- ment". However, this exclusion does not apply to in- fringement, in your "advertisement", of copy- right, trade dress or slogan. j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: Personal and advertising injuryarising out of (1) Advertising, broadcasting, publishing or oral or written publication of material, if done by telecasting; or at the direction of the insured with knowledge of its falsity. (2) Designing or determining content of web - sites for others; or Page 6 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 9 (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Par- agraphs 14.a., b. and c. of "personal and ad- vertising injury" under the Definitions Section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertis- ing, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the in- sured hosts, owns, or over which the insured exercises control. I. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mis- lead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants" at any time. n. Pollution -Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a govern- mental authority for damages because of testing for, monitoring, cleaning up, remov- ing, containing, treating, detoxifying or neu- tralizing, or in any way responding to, or assessing the effects of, "pollutants". o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental au- thority in hindering or defending against any of these. p. Distribution Of Material In Violation Of Statutes "Personal and advertising injury" arising direct- ly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmit- ting, communicating or distribution of mate- rial or information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the "cover- age territory" and during the policy peri- od; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examina- tion, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the ap- plicable limit of insurance. We will pay reason- able expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devic- es; and (3) Necessary ambulance, hospital, profes- sional nursing and funeral services. CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 7 of 16 0 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occu- pies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a work- ers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products -Completed Operations Hazard Included within the "products -completed opera- tions hazard". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. We will pay, with respect to any claim we investi- gate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the in- sured at our request to assist us in the investi- gation or defense of the claim or "suit", includ- ing actual loss of earnings up to $250 a day because of time off from work. e. 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. f. Prejudgment 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 prejudgment in- terest based on that period of time after the of- fer. g. 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 depos- ited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insur- ance. 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 dam- ages for which the insured has assumed the li- ability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability as- sumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been as- sumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the inter- ests of the insured and the interests of the in- demnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indem- nitee 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 coor- dinating 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 Page 8 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 0 (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attor- neys' fees incurred by us in the defense of that in- demnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litiga- tion expenses as Supplementary Payments ends when we have used up the applicable limit of in- surance in the payment of judgments or settle- ments or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II — WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are in- sureds, 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 in- sured. Your members, your partners, and their spouses are also insureds, but only with re- spect 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 du- ties as your officers or directors. Your stock- holders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their du- ties as trustees. 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or 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 business. However, none of these "em- ployees" or "volunteer workers" are insureds for: (1) "Bodily injury' or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited li- ability company), to a co -"employee" while in the course of his or her em- ployment or performing duties related to the conduct of your business, or to your other "volunteer workers" while perform- ing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volun- teer worker" as a consequence of Para- graph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or con- trol of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any mem- ber (if you are a limited liability company). CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 9 of 16 0 b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That repre- sentative will have all your rights and duties under this Coverage Part. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed op- erations hazard". 4. Subject to Paragraph 2. above, the Personal and Advertising Injury Limit is the most we will pay un- der Coverage B for the sum of all damages be- cause of all "personal and advertising injury" sus- tained by any one person or organization. 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named In- 6 sured if there is no other similar insurance availa- ble to that organization. However: a. 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; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re- gardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B. a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury' and "property dam- age" arising out of any one "occurrence". Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above, the Medical Ex- pense Limit is the most we will pay under Cover- age C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obliga- tions under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent pos- sible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and Page 10 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 0 (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practica- ble. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal pa- pers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the en- forcement 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. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: 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 Part 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; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the ap- plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claim- ant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverag- es A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Para- graph b. below applies. If this insurance is pri- mary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insur- ance by the method described in Paragraph c. below. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (II) That is Fire insurance for premises rented to you or temporarily occu- pied by you with permission of the owner; (Ili) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rent- ed to you or temporarily occupied by you with permission of the owner; or (iv) If the loss arises out of the mainte- nance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Dam- age Liability. (b) Any other primary insurance available to you covering liability for damages aris- ing out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured by attachment of an endorsement. (2) When this insurance is excess, we will have no duty under Coverages A or B 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 de- fends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 11 of 16 0 (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self - insured amounts under all that other in- surance. (4) We will share the remaining loss, if any, with any other insurance that is not de- scribed 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 Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method al- so. Under this approach each insurer contrib- utes equal amounts until it has paid its applica- ble limit of insurance or none of the loss remains, 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 lim- it of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Cover- age Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad- vance premium 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. 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 greater than the earned premium, 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 computa- tion, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accu- rate and complete; b. Those statements are based upon representa- tions 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 in this Coverage Part to the first Named Insured, this in- surance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The in- sured 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. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi- ration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V— DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific mar- ket segments about your goods, products or ser- vices for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web -sites, only that part of a web - site that is about your goods, products or ser- vices for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto" means: a. A land motor vehicle, trailer or semitrailer de- signed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, "auto" does not include "mobile equip- ment". Page 12 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 0 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death re- sulting from any of these at any time. 4. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; 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; or c. All other parts of the world if the injury or dam- age arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or simi- lar electronic means of communication provided the insured's responsibility to pay dam- ages is determined in a "suit" on the merits, in the territory described in Paragraph a. above or in a settlement we agree to. 5. "Employee" includes a "leased worker". "Employ- ee" does not include a "temporary worker". 6. "Executive officer" means a person holding any of the officer positions created by your charter, con- stitution, by-laws or any other similar governing document. 7. "Hostile fire" means one which becomes uncon- trollable or breaks out from where it was intended to be. 8. "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, defi- cient, 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 re- pair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the terms of the contract or agreement. 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of prem- ises that indemnifies any person or organiza- tion for damage by fire to premises while rent- ed to you or temporarily occupied by you with permission of the owner is not an "insured con- tract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition op- erations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; That part of any other contract or agreement pertaining to your business (including an in- demnification 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. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of con- struction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road- beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifi- cations; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the in- sured's rendering or failure to render pro- fessional services, including those listed in (2) above and supervisory, inspection, ar- chitectural or engineering activities. CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 13 of 16 0 10."Leased worker' means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 11."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 an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, water- craft or "auto" to the place where it is finally de- livered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not at- tached to the aircraft, watercraft or "auto". 12."Mobile equipment" means any of the following types of land vehicles, including any attached ma- chinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, main- tained primarily to provide mobility to perma- nently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to per- manently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; However, self-propelled vehicles with the fol- lowing types of permanently attached equip- ment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehi- cle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "au- tos". 13."Occurrence" means an accident, including con- tinuous or repeated exposure to substantially the same general harmful conditions. 14."Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person oc- cupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or or- ganization or disparages a person's or organi- zation's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of priva- cy; f. The use of another's advertising idea in your "advertisement"; or f. Vehicles not described in Paragraph a., b., c. g. Infringing upon another's copyright, trade dress or d. above maintained primarily for purposes or slogan in your "advertisement". other than the transportation of persons or car- go. Page 14 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 9 15."Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 16. "Prod ucts-completed operations hazard" a. Includes all "bodily injury" and "property dam- age" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical pos- session; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the fol- lowing times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your con- tract calls for work at more than one job site. (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. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equip - mentor abandoned or unused materials; or (3) Products or operations for which the classi- fication, listed in the Declarations or in a policy schedule, states that products - completed operations are subject to the General Aggregate Limit. 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occur- rence" that caused it. For the purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from com- puter software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 18."Suit' means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this in- surance applies are alleged. "Suit' includes: a. An arbitration proceeding in which such dam- ages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the insured submits with our con- sent. 19."Temporary worker" means a person who is fur- nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short-term workload conditions. 20."Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 21. "You r product': a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, dis- tributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose busi- ness 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, du- rability, performance or use of "your prod- uct'; and CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 15 of 16 0 (2) The providing of or failure to provide warn- ings or instructions. c. Does not include vending machines or other property rented to or located for the use of oth- ers but not sold. 22. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished it connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, du- rability, performance or use of "your work", and (2) The providing of or failure to provide warn- ings or instructions. Page 16 of 16 © ISO Properties, Inc., 2006 CG 00 01 12 07 ❑ POLICY NUMBER: AC266002079 COMMERCIAL GENERAL LIABILITY CG 20 12 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: City of Kent 220 Fourth Avenue South Kent, WA 98032 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- 2. clude as an insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to opera- tions performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or au- thorization. This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard". CG 20 12 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 0 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or or- additional insureds, the following additional exclu- ganization for whom you are performing operations sions apply: when you and such person or organization have This insurance does not apply to: agreed in writing in a contract or agreement that such person or organization be added as an addi- 1. "Bodily injury", "property damage" or "personal tional insured on your policy. Such person or or- and advertising injury" arising out of the render- ganization is an additional insured only with re- ing of, or the failure to render, any professional spect to liability for "bodily injury", "property architectural, engineering or surveying ser- damage" or "personal and advertising injury" vices, including: caused, in whole or in part, by: a. The preparing, approving, or failing to pre- 1. Your acts or omissions; or pare or approve, maps, shop drawings, 2. The acts or omissions of those acting on your opinions, reports, surveys, field orders, change orders or drawings and specifica- behalf; tions; or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities. A person's or organization's status as an addition- 2. "Bodily injury" or "property damage" occurring al insured under this endorsement ends when after: your operations for that additional insured are completed. a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcon- tractor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 COMMERCIAL GENERAL LIABILITY ART 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and ART 20 01 04 13 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 21 32 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMUNICABLE DISEASE EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. B. The following exclusion is added to Paragraph 2. Exclusions of Section I — Coverage A — Bodily Exclusions of Section I — Coverage B — Person - Injury And Property Damage Liability: al And Advertising Injury Liability: 2. Exclusions 2. Exclusions This insurance does not apply to: This insurance does not apply to: Communicable Disease Communicable Disease "Bodily injury" or "property damage" arising out "Personal and advertising injury" arising out of of the actual or alleged transmission of a com- the actual or alleged transmission of a com- municable disease. municable disease. This exclusion applies even if the claims This exclusion applies even if the claims against any insured allege negligence or other against any insured allege negligence or other wrongdoing in the: wrongdoing in the: a. Supervising, hiring, employing, training or a. Supervising, hiring, employing, training or monitoring of others that may be infected monitoring of others that may be infected with and spread a communicable disease; with and spread a communicable disease; b. Testing for a communicable disease; b. Testing for a communicable disease; c. Failure to prevent the spread of the dis- c. Failure to prevent the spread of the dis- ease; or ease; or d. Failure to report the disease to authorities. d. Failure to report the disease to authorities. CG 21 32 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 0 COMMERCIAL GENERAL LIABILITY CG 21 47 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT -RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability: This insurance does not apply to: "Bodily injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment -related practices, policies, acts or omissions, such as coercion, demo- tion, evaluation, reassignment, discipline, defamation, harassment, humiliation, dis- crimination or malicious prosecution di- rected at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury' to that person at whom any of the employment - related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the injury -causing event described in Paragraphs (a), (b) or (c) above occurs before employment, during employment or after em- ployment of that person; (2) Whether the insured may be liable as an em- ployer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. B. The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage B — Person- al And Advertising Injury Liability: This insurance does not apply to: "Personal and advertising injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment -related practices, policies, acts or omissions, such as coercion, demo- tion, evaluation, reassignment, discipline, defamation, harassment, humiliation, dis- crimination or malicious prosecution di- rected at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any of the employment -related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the injury -causing event described in Paragraphs (a), (b) or (c) above occurs before employment, during employment or after em- ployment of that person; (2) Whether the insured may be liable as an em- ployer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. CG 21 47 12 07 © ISO Properties, Inc., 2006 Page 1 of 1 0 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 21 54 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description and Location of Operation(s): ALL OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following exclusion is added to paragraph 2., This exclusion applies whether or not the consolidated Exclusions of COVERAGE A — BODILY INJURY (wrap-up) insurance program: AND PROPERTY DAMAGE LIABILITY (Section I — (1) Provides coverage identical to that provided by Coverages): this Coverage Part; This insurance does not apply to "bodily injury" or "property damage" arising out of either your ongoing operations or operations included within the "prod- ucts -completed operations hazard" at the location described in the Schedule of this endorsement, as a consolidated (wrap-up) insurance program has been provided by the prime contractor/project manager or owner of the construction project in which you are involved. (2) Has limits adequate to cover all claims; or (3) Remains in effect. CG 21 54 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 0 COMMERCIAL GENERAL LIABILITY CG2404B0509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (AUTOMATIC STATUS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization with whom the insured has agreed to waive rights of recovery, provided such agreement is made in writing and prior to the loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04B 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 0 FULLY EARNED FEES It is understood and agreed that in the event of cancellation of this certificate and/or policy, the policy fee and inspection fee charged hereunder shall be fully earned. CGC58 (01/11) GSC-IM-012a (11/19) Installation Floater *Fntry is ontional if ahnwn in the C onnnnn Pnlicv De nrntinns Tf nn entry is ahnwn the effective date fthe. endorsement is the same as the effective date of the no]icv *ATTACHED TO AND FORMING PART OF *EFFECTIVE DATE OF ENDORSEMENT: *ISSUED TO: POLICY NO: PROPERTY COVERED Description Various LIMITS OF INSURANCE Per Occurrence USD $5,000 At Any One Jobsite USD $5,000 In Transit USD S5,000 Deductible USD S250 RATING Estimated Annual Sales USD INCL Rate per $100 of Sales Premium at Inception USD INCL USD INCL The terms and conditions of the policy to which this form is attached apply to this form also. Where there is a conflict, the terms and conditions of this form apply. 1. This form insures your property or property of others in your care, custody or control: A. While in transit to and while at job sites awaiting installation or erection; B. During the period of installation, erection and testing; C. Until the coverage on the insured property is terminated in accordance with the provisions of clause 7 (TERMINATION OF COVERAGE) of this form. 2. Our limit of liability shall not exceed the limits of insurance listed in the schedule above. 3. DEDUCTIBLE - Each claim for loss or damage to property covered shall be adjusted separately. From the amount of each such adjusted claim or the applicable limit of liability, whichever is the less, the deductible listed above shall apply. 4. COVERED CAUSES OF LOSS - This policy insures against risks of direct physical loss of or damage to insured property from any external cause except as provided elsewhere in this policy 5. TERMINATION OF COVERAGE A. Coverage on property insured under this form shall cease: 1. When your interest in the insured property ceases; or 2. When the installation or erection of the insured property is completed and accepted as satisfactory; or 3. Upon the expiration of or the termination of this policy; or 6. TERRITORIAL LIMITS GSC-IM-012a (ling) Page 1 of 3 This form insures only while the property is at locations within or is in transit between the states of the United States, the District of Columbia, Canada; but subject always to the limitations, conditions, exclusions and exceptions stated herein. 7. PROPERTY EXCLUDED This form does not insure: A. Buildings, except building materials and supplies are not excluded until such time as they become part of any building. B. Any tools or equipment used to effect any installations, repair, completion, erection or property improvement project, all when not intended for installation; C. Property shipped by mail; D. Currency, money, stamps, notes, deeds, accounts, evidences of debt, letters of credit, tickets, gold, silver, or other precious metals; E. Property while waterborne, except while in transit on land conveyances on board any regular ferry while operating on inland waterways only, and then we will be liable only for loss or damage directly caused by the stranding, sinking, burning, or collision of the ferry, including general average and salvage charges; F. Property located at any permanent warehouse or yard premises of the insured but not excluding coverage on property at job site or temporary storage sites, provided such property is in due course of transportation. 8. EXCLUSIONS This policy does not cover loss, damage or expenses caused by, resulting from, contributed to or aggravated by any of the following. Such loss, damage or expense is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss or damage. A. Loss, damage or expense caused by or resulting from error or omission or deficiency in design, specifications, workmanship, or materials; unless fire or explosion ensues; in this event, if the perils of fire and explosion are not excluded elsewhere in this policy, liability shall be limited to loss, damage or expense caused by or resulting from such fire or explosion; this also applies to the collapse of any structure due to negligence on the part of any contractor or subcontractor. B. Loss, damage or expense from testing: 1. Caused by or resulting from explosion, rupture or bursting of steam boilers, steam pipes, steam turbines, or steam engines; or 2. To rotating parts of machinery caused by centrifugal force unless fire ensues, when the peril of fire is not excluded elsewhere in the policy, and then only for the loss, damage or expense caused by or resulting from such fire; C. Wear and tear, gradual deterioration, rust, corrosion, inherent vice, mechanical breakdown or derangement, extremes of temperature unless fire or explosion ensues, provided the perils of fire and explosion are not excluded elsewhere in this policy, and then only for the loss, damage or expense caused by or resulting from such fire or explosion; D. Artificially generated electric current, including electric arcing, that disturbs electrical devices, appliances or wires; E. Dishonest or criminal acts by you or any of your partners, employees, directors, trustees, (carriers for hire excepted), acting alone or in collusion with others, whether or not occurring during the hours of employment. This exclusion does not apply to acts of destruction by your employees, but theft by employees is not covered. F. Earthquake, landslide, or other earth movement; GSC-IM-012a (11/19) Page 2 of 3 G. Delay, loss of market, indirect or consequential losses of any kind, or property that is missing but there is no physical evidence to show what happened to it, such as shortage disclosed on taking inventory; H. Flood, surface water, waves, tides, tidal waves, overflow of any body of water or spray, all whether driven by wind or not, mudslide or mudflow, water that backs up from a sewer or drain, or water under the ground surface pressing on, or flowing or seeping through; 1. Foundation, walls, floors, or paved surfaces; 2. Basements, whether paved or not; or 3. Doors, windows or other openings. I. The enforcement of any ordinance or law; 1. Regulating the construction, use or repair of any property; or 2. Requiring the tearing down of any property, including the cost of removing its debris. Loss caused by the weight of load exceeding the rated lifting or supporting capacity of any machine. OTHER CONDITIONS 9. OTHER INSURANCE If you have other insurance covering the same loss as the insurance under this form, we will pay only the excess over what you should have received from the other insurance. We will pay the excess whether you can collect on the other insurance or not. 10. PRIVELEGE TO ADJUST WITH OWNER In the event of loss involving property of others in your care, custody or control, we have the right to: A. Settle the loss with the owners of the property. A receipt for payment from the owners of that property will satisfy any claim of yours. B. Provide a defense for legal proceedings brought against you. If provided, the expense of this defense will be at our cost and will not reduce the applicable limit of insurance under this msurance. GSC-IM-012a (ling) Page 3 of 3 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- tion. 2. We may cancel this policy by mailing or deliv- ering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of pre- mium; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suffi- cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara- tions is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and re- cords as they relate to this policy at any time dur- ing the policy period and up to three years after- ward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; IL 00 17 11 98 b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes in- surance inspections, surveys, reports or rec- ommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in- sured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal represen- tative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ❑ INTERLINE IL00210504 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART 1. The insurance does not apply: B. Under any Medical Payments coverage, to A. Under any Liability Coverage, to "bodily injury" expenses incurred with respect to "bodily inju- or "property damage": ry" resulting from the "hazardous properties" of nuclear material" and arising out of the opera- 1 With respect to which an "insured" under () p tion of a nuclear facility by any person or or - the policy is also an insured under a nucle- ganization. ar energy liability policy issued by Nuclear Energy Liability Insurance Association, Mu- C. Under any Liability Coverage, to "bodily injury" tual Atomic Energy Liability Underwriters, or "property damage" resulting from "hazard - Nuclear Insurance Association of Canada ous properties" of "nuclear material", if: or any of their successors, or would be an (1) The "nuclear material" (a) is at any "nuclear insured under any such policy but for its facility" owned by, or operated by or on be - termination upon exhaustion of its limit of li- half of, an "insured" or (b) has been dis- ability; or charged or dispersed therefrom; (2) Resulting from the "hazardous properties" (2) The "nuclear material" is contained in of "nuclear material" and with respect to "spent fuel" or "waste" at any time pos- which (a) any person or organization is re- sessed, handled, used, processed, stored, quired to maintain financial protection pur- transported or disposed of, by or on behalf suant to the Atomic Energy Act of 1954, or of an "insured"; or any law amendatory thereof, or (b) the "in- (3) The "bodily injury" or "property damage" sured" is, or had this policy not been issued arises out of the furnishing by an "insured" would be, entitled to indemnity from the of services, materials, parts or equipment in United States of America, or any agency connection with the planning, construction, thereof, under any agreement entered into maintenance, operation or use of any "nu - by the United States of America, or any clear facility', but if such facility is located agency thereof, with any person or organi- within the United States of America, its terri- zation. tories or possessions or Canada, this ex- clusion (3) applies only to "property dam- age" to such "nuclear facility" and any property thereat. IL 00 21 05 04 © ISO Properties, Inc., 2001 Pagel of 2 0 2. As used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties; "Nuclear material" means "source material", "Spe- cial nuclear material" or "by-product material"; "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 com- ponent, 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 concentra- tion of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or or- ganization 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 packag- ing "waste"; (c) Any equipment or device used for the pro- cessing, 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 plutoni- um 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 forego- ing 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 radioac- tive contamination of property. Page 2 of 2 © ISO Properties, Inc., 2001 IL 00 21 05 04 0 U.S. Terrorism Risk Insurance Act of 2002 as amended Not Purchased Clause This Clause is issued in accordance with the terms and conditions of the "U.S. Terrorism Risk Insurance Act of 2002" as amended as summarized in the disclosure notice. It is hereby noted that the Underwriters have made available coverage for "insured losses" directly resulting from an "act of terrorism" as defined in the "U.S. Terrorism Risk Insurance Act of 2002", as amended ("TRIA") and the Insured has declined or not confirmed to purchase this coverage. This Insurance therefore affords no coverage for losses directly resulting from any "act of terrorism" as defined in TRIA except to the extent, if any, otherwise provided by this policy. All other terms, conditions, insured coverage and exclusions of this Insurance including applicable limits and deductibles remain unchanged and apply in full force and effect to the coverage provided by this Insurance. LMA5390 09 January 2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINIMUM AND ADVANCE PREMIUM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE MINIMUM PREMIUM Item 5.b. of the Premium Audit Condition (under SEC- TION IV —COMMERCIAL GENERAL LIABILITY CON- DITIONS, LIQUOR LIABILITY CONDITIONS AND PRODUCTS/COMPLETED OPERATIONS LIABILITY CONDITIONS) is amended to read: b. The advance premium for this Coverage Part is a de- posit premium only. The final premium shall be sub- ject to audit. At the close of each audit period we will compute the earned premium for that period. Any au- dit premiums are due and payable to us on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium, we will return the excess to the first Named Insured, subject to the minimum premium as defined below. In the event the first Named Insured fails or refuses to allow our repre- sentative to audit your books and records, we may unilaterally charge a final premium for the policy peri- od at double the minimum or advance premium, whichever is greater, and such final premium shall be immediately due and payable on notice to the first Named Insured. For purposes of this policy, the terms advance premi- um, earned premium, and minimum premium are de- fined as follows: Advance Premium —The premium that is stated in the policy Declarations and payable in full by the first Named Insured at the inception of the policy. Earned Premium —The premium that is developed by applying the rate(s) scheduled in the policy to the ac- tual premium basis for the audit period. Minimum Premium —The lowest premium for which this insurance will be written for the Policy Period stated in Item 2. of the Declarations. This minimum premium is equal to 100% (unless a different per- centage (%) is shown in the SCHEDULE above) of the advance premium including any premium adjust- ments made by endorsement to this policy during the policy period. Premium adjustments do not include the audit premium developed for the Policy Period stated in Item 2. of the Declarations. MAP-1 (3-04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ROOFING OPERATIONS CONDITIONAL EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Coverage A (Section 1): This insurance does not apply to "property damage" arising out of your roofing operations unless all of the following conditions are met prior to the occurrence of "property damage": (1) You have taken reasonable steps to determine any approaching or adverse weather: and (2) You have taken reasonable steps to provide a temporary cover for an "open roof' which is able to withstand the approaching adverse weather; and (3) Under any circumstances, the temporary cover must be installed if the "open roof' is to be left unattended for more than four hours. The following additional conditions apply: "open roof' means any roof or section where the protective covering (shingles, tar, felt paper, etc.) has been removed leaving exposed the underlying materials, structure shell or structure interior. ALL OTHER TERMS AND CONDITIONS OF THIS CERTIFICATE REMAIN UNCHANGED. TR126 (01/01) THIS ENDORSEMENT CHANGES THE POLICY — PLEASE READ IT CAREFULLY. The Insured: This endorsement modifies insurance provided by the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART EXTERIOR INSULATION AND FINISH SYSTEM (`EIFS' OR `SYNTHETIC STUCCO') EXCLUSION This insurance does not apply to: "Bodily injury", "property damage" "personal injury" or "advertising injury" caused directly or indirectly in whole or in part, by the design, manufacture, construction, fabrication, preparation, installation, application, maintenance or repair, including remodeling, service, correction or replacement, of an "exterior insulation and finish system" commonly referred to as `EIFS' or `synthetic stucco' or any part thereof, or any substantially similar system or any part thereof, including the application or use of conditioners, primers, accessories, flashings, coatings, caulkings or sealants in connection with such a system; or 2. Any moisture -related or dry rot related "property damage" to a house or other building to which an "exterior insulation and finish system" has been applied, if that "property damage" is caused directly or indirectly, in whole or in part, by the "exterior insulation and finish system"; resulting from work or operations performed by you or any subcontractor or subcontractor working on your behalf, regardless of any other cause or event that contributed concurrently or in any sequence to that injury or damage. For purposes of this endorsement, an "exterior insulation and finish system" means an exterior cladding or finish system applied to a house or other building, and consisting of: a) A rigid or semi -rigid insulation board made of expanded polystyrene or other materials; and b) The adhesive and/or mechanical fasteners used to attach the insulation board to the substrate; and c) A reinforcing mesh that is embedded in a base coast applied to the insulation board; and d) A finish coat providing surface texture and color. However, an "exterior insulation and finish system" does not include a cement based, enhanced stucco cladding system which: a) Incorporates a weather resistive building wrap; and b) Incorporates ribbed insulation board to provide drainage; and c) Is sold under the brand name "Kwik Kote" so long as that cement -based, enhanced stucco cladding system satisfies all requirements of applicable model building code and the applicable local building code. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED TR127 (06/01) THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY. Exclusion — Losses, Claims and Litigation Preceding Inception of Policy This insurance does not apply to any "bodily injury', "property damage", "personal injury", "advertising injury" or "medical payments" nor do we have any duty to defend 1. Any damage, loss, cost or expense which began to occur, in whole or part, before the inception date of this policy and which continues into the policy period regardless of whether any person (including the insured) knew or had reason to know of any damage, loss, cost or expense; 2. Any claim, suit, action, demand, arbitration, alternative dispute resolution which arose before the inception date of this policy (a) regardless of whether the insured knew of any such claim, suit, action, demand, arbitration or alternative dispute resolution and (b) irrespective of whether ultimate liability or the final amount of the damages, loss, cost or expense has or has not been established. This policy applies only to damage, loss, cost or expense, which first occurs in the policy period. ALL OTHER TERMS AND CONDITIONS OF THIS CERTIFICATE REMAIN UNCHANGED TRI37 (03/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - CHROMATED COPPER ARSONATE This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Any claim, suit, action, demand, litigation, arbitration, alternative dispute resolution or other judicial or administrative proceeding alleging "personal injury" "property damage", "personal injury" or "advertising injury" caused directly or indirectly , in whole or part, by the use of:- • CHROMATED COPPER ARSONATE, or • Any product or material which contains CHROMATED COPPER ARSONATE, or • Any product or material to which CHROMATED COPPER ARSONATE has been applied by any party (including, but not limited to, any manufacturer, processor, or distributor of such products or materials.) TR1233 (12/99) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FORMALDEHYDE EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY PART This policy does not apply to liability arising directly or indirectly out of, caused by or in connection with the existence, handling, manufacturing, mining, sale, distribution, storage, use, removal, remediation, disposal or escape of formaldehyde, formaldehyde projects, or products containing formaldehyde. TR1284 (07/03) WASHINGTON COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. CANCELLATION 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- tion. 2. We may cancel this policy by mailing or deliver- ing to the first Named Insured and the first Named Insured's agent or broker written notice of cancellation, including the actual reason for the cancellation, to the last mailing address known to us, at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of premi- um; or b. 45 days before the effective date of cancel- lation if we cancel for any other reason, except as provided in paragraphs 3. and 4. be- low. We may cancel the Commercial Property Cov- erage Part, if made a part of this policy, by mailing or delivering to the first Named Insured and the first Named Insured's agent or broker written notice of cancellation at least 5 days be- fore the effective date of cancellation for any structure where 2 or more of the following con- ditions exist: a. Without reasonable explanation, the struc- ture is unoccupied for more than 60 con- secutive days, or at least 65% of the rental units are unoccupied for more than 120 consecutive days unless the structure is maintained for seasonal occupancy or is under construction or repair; b. Without reasonable explanation, progress toward completion of permanent repairs to the structure has not occurred within 60 days after receipt of funds following satisfac- tory adjustment or adjudication of loss re- sulting from a fire; c. Because of its physical condition, the struc- ture is in danger of collapse; d. Because of its physical condition, a vaca- tion or demolition order has been issued for the structure, or it has been declared un- safe in accordance with applicable law; e. Fixed and salvageable items have been removed from the structure, indicating an intent to vacate the structure; f. Without reasonable explanation, heat, wa- ter, sewer, and electricity are not furnished for the structure for 60 consecutive days; or g. The structure is not maintained in substan- tial compliance with fire, safety and building codes. 4. If: a. You are an individual; b. A covered auto you own is of the "private passenger type;" and c. The policy does not cover garage, automo- bile sales agency, repair shop, service sta- tion or public parking place operations haz- ards, we may cancel the Commercial Auto Coverage Part by mailing or delivering to the first Named Insured and the first Named Insured's agent or broker written notice of cancellation, including the actual reason for cancellation, to the last mailing address known to us: a. At least 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. At least 10 days before the effective date of cancellation for any other reason if the poli- cy is in effect less than 30 days; or c. At least 20 days before the effective date of cancellation for other than nonpayment if the policy is in effect 30 days or more; or d. At least 20 days before the effective date of cancellation if the policy is in effect for 60 days or more or is a renewal or continuation policy, and the reason for cancellation is that your driver's license or that of any driver who customarily uses a covered "auto" has been suspended or revoked during policy period. =1ZClYi1:I1fi 5. We will also mail or deliver to any mortgage holder, pledgee or other person shown in this policy to have an interest in any loss which may occur under this policy, at their last mailing ad- dress known to us, written notice of cancella- tion, prior to the effective date of cancellation. If cancellation is for reasons other than those contained in paragraph A.3. above, this notice will be the same as that mailed or delivered to the first Named Insured. If cancellation is for a reason contained in paragraph A.3. above, we will mail or deliver this notice at least 20 days prior to the effective date of cancellation. 6. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 7. a. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro ra- ts. b. For Division Two — Boiler and Machinery, if the first Named Insured cancels, the refund will be at least 75% of the pro rata refund. c. Except as provided in paragraph b. above and d. below, if the first Named Insured cancels, the refund will be at least 90% of the pro rata refund. d. If: B. CHANGES The policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. D. INSPECTION AND SURVEYS We have the right but are not obligated to: 1. Make inspections and surveys at any time; 2. Give you reports on the conditions we find; and 3. Recommend changes. Any inspections, surveys, reports or recommenda- tions relate only to insurability and the premiums to be charged. We do not make safety inspec- tions. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: 1. Are safe or healthful; or (1) You are an individual; 2. Comply with laws, regulations, codes or stand- (2) A covered auto you own is of the "pri- ards. vate passenger type;" This condition applies not only to us, but also to (3) The policy does not cover garage, au- any rating, advisory, rate service or similar organi- tomobile sales agency, repair shop, ser- zation which makes insurance inspections, sur- vice station or public parking place op- veys, reports or recommendations. erations hazards; and E. PREMIUMS (4) The first Named Insured cancels, The first Named Insured shown in the Declara- the refund will be not less than 90% of any tions: unearned portion not exceeding $100, plus 1. Is responsible for the payment of all premiums; 95% of any unearned portion over $100 but and not exceeding $500, and not less than 97% 2. Will be the payee for any return premiums we of any unearned portion in excess of $500. pay. e. The cancellation will be effective even if we have not made or offered a refund. 8. If notice is mailed, proof of mailing will be suffi- cient proof of notice. =1ZClYi1:I1fi F. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in- sured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal repre- sentative. Until your legal representative is ap- pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. G. NONRENEWAL 1. We may elect not to renew this policy by mail- ing or delivering written notice of nonrenewal, stating the reasons for nonrenewal, to the first Named Insured and the first Named Insured's agent or broker, at their last mailing addresses known to us. We will also mail to any mort- gage holder, pledgee or other person shown in this policy to have an interest in any loss which may occur under this policy, at their last mail- ing address known to us, written notice of non - renewal. We will mail or deliver these notices at least 45 days before the: a. Expiration of the policy; or b. Anniversary date of this policy if this policy has been written for a term of more than one year. Otherwise, we will renew this policy unless: a. The first Named Insured fails to pay the re- newal premium after we have expressed our willingness to renew, including a state- ment of the renewal premium, to the first Named Insured and the first Named In- sured's insurance agent or broker, at least 20 days before the expiration date; or b. Other coverage acceptable to the insured has been procured prior to the expiration date of the policy. 2. If: a. You are an individual; b. A covered auto you own is of the "private passenger type;" and c. The policy does not cover garage, automo- bile sales agency, repair shop, service sta- tion or public parking place operations haz- ards, the following applies to nonrenewal of the Commercial Auto Coverage Part in place of G.1.: a. We may elect not to renew or continue this policy by mailing or delivering to you and your agent or broker written notice at least 20 days before the end of the policy period including the actual reason for nonrenewal. If the policy period is more than one year, we will have the right not to renew or con- tinue it only at an anniversary of its original effective date. If we offer to renew or con- tinue and you do not accept, this policy will terminate at the end of the current policy period. Failure to pay the required renewal or continuation premium when due shall mean that you have not accepted our offer. b. We will not refuse to renew Liability Cover- age or Collision Coverage solely because an "insured" has submitted claims under Comprehensive Coverage or Towing and Labor Coverage. c. If we fail to mail or deliver proper notice of nonrenewal and you obtain other insurance this policy will end on the effective date of that insurance. IWIMEM- i1:I1fi NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) It is agreed that the certificate does not apply: I. Under any, Liability Coverage, to injury, sickness, disease, death or destruction (a) with respect to which an insured under the certificate is also an insured under a nuclear energy liability certificate issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canad a, or would be an insured under any such certificate but for its termination upon exhaustion of its limit of liability; or (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 certificate 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. It. Under any Medical Payments Coverage, or under any supplementary Payments provision relating to immediate medical or surgical relief, to expenses incurred with respect to bodily injury, sickness, disease or death resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. III. Under any Liability Coverage, to injury, sickness, disease, death or destruction resulting from the hazardous properties of nuclear material, if (a) the nuclear material (1) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (2) has been discharged or dispersed therefrom; (b) 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 (c) the injury, sickness, disease, death or destruction 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 (c) applies only to injury to or destruction OF PROPERTY at such nuclear facility. IV. As used in this endorsement: "hazardous properties" include radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or byproduct material; "source material', "special nuclear material', and "byproduct material' have the meaning 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 (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (a) or (b) thereof; "nuclear facility" means (a) any nuclear reactor, (b) any equipment or devise 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 a special nuclear material if at any time th a total amount of such material in the custody of the insured at the premises where such equipment or device is located consist of or contains more than 2 5 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; With respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property. NMA 1256 WAR AND TERRORISM EXCLUSION ENDORSEMENT Notwithstanding any provision to the contrary within this insurance or any endorsement thereto it is agreed that this insurance excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any of the following regardless of any other cause or event contributing concurrently or in any other sequence to the loss; 1. war, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power; or 2. any act of terrorism. For the purpose of this endorsement an act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or in similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear. This endorsement also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to 1 and/or 2 above. If the Underwriters allege that by reason of this exclusion, any loss, damage, cost or expense is not covered by this insurance the burden of proving the contrary shall be upon the Assured. In the event any portion of this endorsement is found to be invalid or unenforceable the remainder shall remain in full force and effect. NMA 2918 LAND, WATER AND AIR EXCLUSION Notwithstanding any provision to the contrary within the Certificate which this Endorsement forms part (or within any other Endorsement which forms a part of this Certificate), this Certificate does not insure land (including but not limited to land on which the insured property is located), water or air, howsoever and wherever occurring, or any interest or right therein. NMA 2341 (28/02/90) SEEPAGE AND/OR POLLUTION AND/OR CONTAMINATION EXCLUSION Notwithstanding any provision to the contrary within the Certificate which this Endorsement forms part (or within any Endorsement which forms part of this Certificate), this Certificate does not insure: a) any loss, damage, cost or expense, or b) any increase in insured loss, damage, cost or expense, or c) any loss, damage, cost, expense, fine or penalty, which is incurred, sustained or imposed by order, direction, instruction, or request of, or by any agreement with, any court, government agency, or any public, civil or military authority, or threat thereof, (and whether or not as a result of public or private litigation), which arises from any kind of seepage or any kind of pollution and/or contamination, or threat thereof, whether or not caused by or resulting from a peril insured, or from steps or measures taken in connection with the avoidance, prevention, abatement, mitigation, remediation, clean-up, or removal of such seepage or pollution and/or contamination or threat thereof. The term 'any kind of seepage or any kind of pollution and/or contamination' as used in this Endorsement includes (but is not limited to): a) seepage of, or pollution and/or contamination by, anything, including but not limited to, any material designated as a 'hazardous substance' by the United States Environmental Protection Agency or as a 'hazardous material' by the United States Department of Transportation or as defined as a 'toxic substance' by the Canadian Environmental Protection Act for the purposes of Part II of that Act, or any substance designated or defined as toxic, dangerous, hazardous, or deleterious to persons or the environment under any other Federal, State, Provincial, Municipal or other law, ordinance, or regulation; and b) the presence, existence, or release of anything which endangers or threatens to endanger the health, safety or welfare of persons or the environment. NMA 2342 (28/02/90) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY The following provision changes the coverage afforded by the policy: MICROORGANISM EXCLUSION (ABSOLUTE) This Policy does not insure any loss, damage, claim, cost, expense or other sum directly or indirectly arising out of or relating to: mold, mildew, fungus, spores or other microorganism of any type, nature, or description, including but not limited to any substance whose presence poses an actual or potential threat to human health. This Exclusion applies regardless whether there is (i) any physical loss or damage to insured property; (ii) any insured peril or cause, whether or not contributing concurrently or in any sequence; (iii) any loss of use, occupancy, or functionality; or (iv) any action required, including but not limited to repair, replacement, removal, cleanup, abatement, disposal, relocation, or steps taken to address medical or legal concerns. This Exclusion replaces and supersedes any provision in the Policy that provides insurance, in whole or in part, for these matters. LMA5018 14/09/2005 CYBER and DATA - EXCLUSION (for attachment to US General Liability and Excess Liability forms) Notwithstanding any provision to the contrary within this Policy or any endorsement thereto this Policy does not apply to any actual or alleged loss, damage, liability, claim, fine, penalty, cost or expense of whatsoever nature directly or indirectly caused by, contributed to by, resulting from, arising out of or in connection with any: 1.1 Cyber Act or Cyber Incident including, but not limited to, any action taken in controlling, preventing, suppressing or remediating any Cyber Act or Cyber Incident; or 1.2 Data Breach; or 1.3 other loss of use, reduction in functionality, repair, replacement, restoration, reproduction, loss of, damage to, corruption of, inability to access or inability to manipulate or theft of any Electronic Data, including any amount pertaining to the value of such Electronic Data; regardless of any other cause or event contributing concurrently or in any other sequence thereto. 2 For the avoidance of doubt, this policy does not cover notification costs, crisis consultancy costs, credit monitoring expenses, replacement of actual credit or payment cards, forensic expenses, public relations expenses or legal advice and services arising out of or in connection with a Data Breach. nafinitinnc 3 Computer System means any computer, hardware, software, communications system, electronic device (including, but not limited to, smart phone, laptop, tablet, wearable device), server, cloud or microcontroller including any similar system or any configuration of the aforementioned and including any associated input, output, data storage device, networking equipment or back up facility, owned or operated by the Insured or any other party. 4 Cyber Act means an unauthorised, malicious or criminal act or series of related unauthorised, malicious or criminal acts, regardless of time and place, or the threat or hoax thereof involving access to, processing of, use of or operation of any Computer System. 5 Cyber Incident means: 5.1 any error or omission or series of related errors or omissions involving access to, processing of, use of or operation of any Computer System; or 5.2 any partial or total unavailability or failure or series of related partial or total unavailability or failures to access, process, use or operate any Computer System. 6 Data Breach means: 6.1 the theft, loss, access to, acquisition of, or unauthorized or unlawful use or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit or payment card information, health information, biometric data or any other type of non- public information; involving access to, processing of, use of or operation of any Computer System or 6.2 the violation of any statute, regulation, common-law, or any other law regulating or protecting access to, collection, use or disclosure of, or failure to protect any non-public confidential or personal information in the form of Electronic Data. Electronic Data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. LMA5532 17 December 2020 RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE - PHYSICAL DAMAGE - DIRECT This certificate does not cover any loss or damage arising directly or indirectly from nuclear reaction, nuclear radiation or radioactive contamination however such nuclear reaction, nuclear radiation or radioactive contamination may have been caused. NEVERTHELESS, if fire is an insured peril and a fire arises directly or indirectly from nuclear reaction, nuclear radiation or radioactive contamination any loss or damage arising directly from that fire shall (subject to the provisions of this certificate) be covered EXCLUDING however all loss or damage caused by nuclear reaction, nuclear radiation or radioactive contamination arising directly or indirectly from that Fire. Note - If Fire is not an insured peril under this certificate the words from "NEVERTHELESS" to the end of the clause do not apply and should be disregarded. NMA 1191 ELECTRONIC DATA ENDORSEMENT B Electronic Data Exclusion Notwithstanding any provision to the contrary within the Policy or any endorsement thereto, it is understood and agreed as follows: (a) This Policy does not insure loss, damage, destruction, distortion, erasure, corruption or alteration of ELECTRONIC DATA from any cause whatsoever (including but not limited to COMPUTER VIRUS) or loss of use, reduction in functionality, cost, expense of whatsoever nature resulting therefrom, regardless of any other cause or event contributing concurrently or in any other sequence to the loss. ELECTRONIC DATA means facts, concepts and information converted to a form useable for communications, interpretation or processing by electronic and electromechanical data processing or electronically controlled equipment and includes programs, software and other coded instructions for the processing and manipulation of data or the direction and manipulation of such equipment COMPUTER VIRUS means a set of corrupting, harmful or otherwise unauthorized instructions or code including a set of maliciously introduced unauthorized instructions or code, programmatic or otherwise, that propagate themselves through a computer system or network of whatsoever nature. COMPUTER VIRUS includes but is not limited to'Trojan Horses', 'worms' and 'time or logic bombs'. (b) However, in the event that a peril listed below results from any of the matters described in paragraph (a) above, this Policy, subject to all its terms, conditions and exclusions, will cover physical damage occurring during the Policy period to property insured by this Policy directly caused by such listed peril. Listed Perils Explosion 2. Electronic Data Processing Media Valuation Notwithstanding any provision to the contrary within the Policy or any endorsement thereto, it is understood and agreed as follows: Should electronic data processing media insured by this Policy suffer physical loss or damage insured by this Policy, then the basis of valuation shall be the cost of the blank media plus the costs of copying the ELECTRONIC DATA from back-up or from originals of a previous generation. These costs will not include research and engineering nor any costs of recreating, gathering or assembling such ELECTRONIC DATA. If the media is not repaired, replaced or restored the basis of valuation shall be the cost of the blank media. However this Policy does not insure any amount pertaining to the value of such ELECTRONIC DATA to the Assured or any other party, even if such ELECTRONIC DATA cannot be recreated, gathered or assembled. 25/01/01 N MA2915 TERRORISM EXCLUSION ENDORSEMENT Notwithstanding any provision to the contrary within this insurance or any endorsement thereto it is agreed that this insurance excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any act of terrorism regardless of any other cause or event contributing concurrently or in any other sequence to the loss; For the purpose of this endorsement an act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organization(s) or government(s), committed for political, religious, ideological or in similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear. This endorsement also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to any act of terrorism. If the Underwriters allege that by reason of this exclusion, any loss, damage, cost or expense is not covered by this insurance the burden of proving the contrary shall be upon the Assured. In the event any portion of this endorsement is found to be invalid or unenforceable the remainder shall remain in full force and effect. N MA 2920 COMMUNICABLE DISEASE ENDORSEMENT (For use on property policies) 1. This policy, subject to all applicable terms, conditions and exclusions, covers losses attributable to direct physical loss or physical damage occurring during the period of insurance. Consequently and notwithstanding any other provision of this policy to the contrary, this policy does not insure any loss, damage, claim, cost, expense or other sum, directly or indirectly arising out of, attributable to, or occurring concurrently or in any sequence with a Communicable Disease or the fear or threat (whether actual or perceived) of a Communicable Disease. 2. For the purposes of this endorsement, loss, damage, claim, cost, expense or other sum, includes, but is not limited to, any cost to clean-up, detoxify, remove, monitor or test: 2.1. for a Communicable Disease, or 2.2. any property insured hereunder that is affected by such Communicable Disease. 3. As used herein, a Communicable Disease means any disease which can be transmitted by means of any substance or agent from any organism to another organism where: 3.1. the substance or agent includes, but is not limited to, a virus, bacterium, parasite or other organism or any variation thereof, whether deemed living or not, and 3.2. the method of transmission, whether direct or indirect, includes but is not limited to, airborne transmission, bodily fluid transmission, transmission from or to any surface or object, solid, liquid or gas or between organisms, and 3.3. the disease, substance or agent can cause or threaten damage to human health or human welfare or can cause or threaten damage to, deterioration of, loss of value of, marketability of or loss of use of property insured hereunder. 4. This endorsement applies to all coverage extensions, additional coverages, exceptions to any exclusion and other coverage grant(s). All other terms, conditions and exclusions of the policy remain the same. LMA5393 25 March 2020 COMMERCIAL PROPERTY CP 01 75 07 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART STANDARD PROPERTY POLICY A. The exclusion set forth in Paragraph B. applies to all coverage under all forms and endorsements that comprise this Coverage Part or Policy, includ- ing but not limited to forms or endorsements that cover property damage to buildings or personal property and forms or endorsements that cover business income, extra expense or action of civil authority. B. We will not pay for loss or damage caused by or resulting from any virus, bacterium or other micro- organism that induces or is capable of inducing physical distress, illness or disease. However, this exclusion does not apply to loss or damage caused by or resulting from fungus. Such loss or damage is addressed in a separate exclu- sion in this Coverage Part or Policy. C. With respect to any loss or damage subject to the exclusion in Paragraph B., such exclusion super- sedes any exclusion relating to "pollutants". D. The terms of the exclusion in Paragraph B., or the inapplicability of this exclusion to a particular loss, do not serve to create coverage for any loss that would otherwise be excluded under this Coverage Part or Policy. CP 01 75 07 06 © ISO Properties, Inc., 2006 Page 1 of 1 ❑ WASHINGTON SURPLUS LINES NOTICE This contract is registered and delivered as a surplus line coverage under the insurance code of the state of Washington, Title 48 RCW. It is not protected by any Washington state guaranty association law. O1/09/13 LMA9085 SANCTION LIMITATION AND EXCLUSION CLAUSE No (re)insurer shall be deemed to provide cover and no (re)insurer shall be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose that (re)insurer to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America. LMA3100 15 September 2010 APPLICABLE LAW (U.S.A.) This Insurance shall be subject to the applicable state law to be determined by the court of competent jurisdiction as determined by the provisions of the Service of Suit Clause (U.S.A.) LMA5021 14/09/2005 Form approved by Lloyd's Market Association LSW 1001 SEVERAL LIABILITY NOTICE "The subscribing insurers' obligations under contracts of insurance to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for the subscription of any co -subscribing insurer who for any reason does not satisfy all or part of its obligations." LSW 1001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BIOLOGICAL OR CHEMICAL MATERIALS EXCLUSION It is agreed that this Insurance excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with the actual or threatened malicious use of pathogenic or poisonous biological or chemical materials regardless of any other cause or event contributing concurrently or in any other sequence thereto. 06/02/03 N MA2962 IL P 001 01 04 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and listed numerous: • Foreign agents; • Front organizations; • Terrorists; • Terrorist organizations; and • Narcotics traffickers; as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treas- ury's web site — http//www.treas.gov/ofac. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. IL P 001 01 04 © ISO Properties, Inc., 2004 Page 1 of 1 PRIVACY POLICY STATEMENT UNDERWRITERS Underwriters want you to know how we protect the confidentiality of your non-public personal information. We want you to know how and why we use and disclose the information that we have about you. The following describes our policies and practices for securing the privacy of our current and former customers. INFORMATION WE COLLECT The non-public personal information that we collect about you includes, but is not limited to: Information contained in applications or other forms that you submit to us, such as name, address, and social security number Information about your transactions with our affiliates or other third -parties, such as balances and payment history Information we receive from a consumer -reporting agency, such as credit -worthiness or credit history INFORMATION WE DISCLOSE We disclose the information that we have when it is necessary to provide our products and services. We may also disclose information when the law requires or permits us to do so. CONFIDENTIALITY AND SECURITY Only our employees and others who need the information to service your account have access to your personal information. We have measures in place to secure our paper files and computer systems. RIGHT TO ACCESS OR CORRECT YOUR PERSONAL INFORMATION You have a right to request access to or correction of your personal information that is in our possession. CONTACTING US If you have any questions about this privacy notice or would like to learn more about how we protect your privacy, please contact the agent or broker who handled this insurance. We can provide a more detailed statement of our privacy practices upon request. 06/03 LSW1135B PRIVACY POLICY NOTICE The Gramm -Leach -Bliley Act of 1999 requires financial institutions (which includes banks, insurance company's agents and brokers) to notify you how they will use certain non-public personal financial information you have given us. It is Griffin Underwriting Services policy to protect your privacy and the personal information you have entrusted/given to us. What is Griffin Underwriting Services policy on sharing your private information? We will only use the information you have provided to us to assist you and your agent in obtaining insurance coverage. We will not distribute this personal information concerning you to other parties for anything other than insurance underwriting purposes. We will require anyone including our employees to whom we disclose your personal information to protect its confidentiality and use it solely/only for the purpose which it is/was disclosed. PLEASE NOTE The Gramm -Leach -Bliley Act allows financial institutions to share your personal information for marketing purposes. In certain circumstances, you can prohibit the sharing of your non-public personal information. Griffin Underwriting Service voluntarily restricts this information and will not distribute any of this information to non-affiliated or affiliated third parties. For more information on Privacy you can visit these web sites: www.privacyrights.org/index.htm www.privacy.net/resources www.epic.org www.ftc.gov You can contact your agent if you have any questions regarding this matter. Privacy Policy Notice Concerning all certificate (policy) holders for Underwriters at Lloyds London, Chubb European Group Limited, and Certain Underwriters at Lloyds London. "Neither the U.S. brokers that handled this insurance nor the insurers that have underwritten this insurance will disclosed non-public personal information concerning the buyer to non -affiliates of the brokers or insurers except as permitted by law" GUS-PPN (5-17) Lloyd's Certificate This Insurance is effected with certain Underwriters at Lloyd's, London. This Certificate is issued in accordance with the limited authorization granted to the Correspondent by certain Underwriters at Lloyd's, London whose syndicate numbers and the proportions underwritten by them can be ascertained from the office of the said Correspondent (such Underwriters being hereinafter called "Underwriters") and in consideration of the premium specified herein, Underwriters hereby bind themselves severally and not jointly, each for his own part and not one for another, their Executors and Administrators. The Assured is requested to read this Certificate, and if it is not correct, return it immediately to the Correspondent for appropriate alteration. All inquiries regarding this Certificate should be addressed to the following Correspondent: Griffin Underwriting Services 2375 130t' Ave NE, Ste 200 Bellevue, WA 98005 Complaints reporting: Should you wish to make a complaint regarding your insurance policy, please contact your local Department of Insurance. SLC-3 USA (GUS) NMA2868 (01118) Form approved by Lloyd's Market Association CERTIFICATE PROVISIONS 1. Signature Required. This Certificate shall not be valid unless signed by the Correspondent on the attached Declaration Page. 2. Correspondent Not Insurer. The Correspondent is not an Insurer hereunder and neither is nor shall be liable for any loss or claim whatsoever. The Insurers hereunder are those Underwriters at Lloyd's, London whose syndicate numbers can be ascertained as hereinbefore set forth. As used in this Certificate "Underwriters" shall be deemed to include incorporated as well as unincorporated persons or entities that are Underwriters at Lloyd's, London. 3. Cancellation. If this Certificate provides for cancellation and this Certificate is cancelled after the inception date, earned premium must be paid for the time the insurance has been in force. 4. Service of Suit. It is agreed that in the event of the failure of Underwriters to pay any amount claimed to be due hereunder, Underwriters, at the request of the Assured, will submit to the jurisdiction of a Court of competent jurisdiction within the United States. Nothing in this Clause constitutes or should be understood to constitute a waiver of Underwriters' rights to commence an action in any Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another Court as permitted by the laws of the United States or of any State in the United States. It is further agreed that service of process in such suit may be made upon the firm or person named in the Service of Suit Clause attached to this policy, and that in any suit instituted against any one of them upon this contract, Underwriters will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. The above -named are authorized and directed to accept service of process on behalf of Underwriters in any such suit and/or upon request of the Assured to give a written undertaking to the Assured that they will enter a general appearance upon Underwriters' behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, Underwriters hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Assured or any beneficiary hereunder arising out of this contract of insurance, and hereby designate the above -mentioned as the person to whom the said officer is authorized to mail such process or a true copy thereof. S. Assignment. This Certificate shall not be assigned either in whole or in part without the written consent of the Correspondent endorsed hereon. 6. Attached Conditions Incorporated. This Certificate is made and accepted subject to all the provisions, conditions and warranties set forth herein, attached or endorsed, all of which are to be considered as incorporated herein. 7. Short Rate Cancellation. If cancellation is requested by the insured and the insured still has an insurable interest, return premium will be calculated short rate where state regulations allow. SLC-3 USA (GUS) NMA2868 (01/17) [This page intentionally left blank] A STOCK COMPANY MARKELO EVANSTON INSURANCE COMPANY 10275 West Higgins Road, Suite 750 Rosemont, IL 60018 INSURANCE POLICY Coverage afforded by this policy is provided by the Company (Insurer) and named in the Declarations. In Witness Whereof, the company (insurer) has caused this policy to be executed and attested and countersigned by a duly authorized representative of the company (insurer) identified in the Declarations. Secretary President M11L 1000 0810 Page 1 of 1 Evanston Insurance Company PRIVACY NOTICE U. S. Consumer Privacy Notice Rev. 1 /1 /2020 FACTS WHAT DOES MARKEL GROUP OF COMPANIES REFERENCED BELOW (INDIVIDUALLY OR COLLECTIVELY REFERRED TO AS "WE", "US", OR "OUR") DO WITH YOUR PERSONAL INFORMATION? Why? In the course of Our business relationship with you, We collect information about you that is necessary to provide you with Our products and services. We treat this information as confidential and recognize the importance of protecting it. Federal and state law gives you the right to limit some but not all sharing of your personal information. Federal and state law also requires Us to tell you how We collect, share, and protect your personal information. Please read this notice carefully to understand what We do. What? The types of personal information We collect and share depend on the product or service you have with Us. This information can include: • your name, mailing and email address(es), telephone number, date of birth, gender, marital or family status, identification numbers issued by government bodies or agencies (i.e.: Social Security number or FEIN, driver's license or other license number), employment, education, occupation, or assets and income from applications and other forms from you, your employer and others; • your policy coverage, claims, premiums, and payment history from your dealings with Us, Our Affiliates, or others; • your financial history from other insurance companies, financial organizations, or consumer reporting agencies, including but not limited to payment card numbers, bank account or otherfinancial account numbers and account details, credit history and credit scores, assets and income and other financial information, or your medical history and records. Personal information does not include: • publicly -available information from government records; • de -identified or aggregated consumer information. When you are no longer Our customer, We continue to share your information as described in this Notice as required by law. How? All insurance companies need to share customers' personal information to run their everyday business. In the section below, We list the reasons financial companies can share their customers' personal information; the reasons We choose to share; and whether you can limit this sharing. We restrict access to your personal information to those individuals, such as Our employees and agents, who provide you with insurance products and services. We may disclose your personal information to Our Affiliates and Nonaffiliates (1) to process your transaction with Us, for instance, to determine eligibility for coverage, to process claims, or to prevent fraud, or (2) with your written authorization, or (3) otherwise as permitted by law. We do not disclose any of your personal information, as Our customer or former customer, except as described in this Notice. MPIL 1007 01 20 Page 1 of 3 Reasons We can share your personal information Do We Can you share? limit this sharing? For Our everyday business purposes and as required by law — Yes No such as to process your transactions, maintain your account(s), respond to court orders and legal/regulatory investigations, to prevent fraud, or report to credit bureaus For Our marketing purposes — Yes No to offer Our products and services to you For Joint Marketing with other financial companies Yes No For Our Affiliates' everyday business purposes — Yes No information about your transactions and experiences For Our Affiliates' everyday business purposes — No We don't information about your creditworthiness share For Our Affiliates to market you No We don't share For Nonaffiliates to market you No We don't share Questions? Call (888) 560-4671 or email privacy(a-_)markel.com Who We are Who is providing this Notice? A list of Our companies is located at the end of this Notice. What We do How do We protect your We maintain reasonable physical, electronic, and procedural safeguards to protect personal information? your personal information and to comply with applicable regulatory standards. For more information, visit www.markel.com/privacy-policy. How do We collect your personal We collect your personal information, for example, when you information? • complete an application or other form for insurance • perform transactions with Us, Our Affiliates, or others • file an insurance claim or provide account information • use your credit or debit card We also collect your personal information from others, such as consumer reporting agencies that provide Us with information such as credit information, driving records, and claim histories. Why can't you limit all sharing of Federal law gives you the right to limit only your personal information? . sharing for Affiliates' everyday business purposes — information about your creditworthiness • Affiliates from using your information to market to you • sharing for Nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing. See the Other Important Information section of this Notice for more on your rights under state law. MPIL 1007 01 20 Page 2 of 3 Definitions Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies. • Our Affiliates include member companies of Markel Group. Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies. • Nonaffiliates that We can share with can include financial services companies such as insurance agencies or brokers, claims adjusters, reinsurers, and auditors, state insurance officials, law enforcement, and others as permitted by law. Joint Marketing A formal agreement between Nonaffiliated companies that together market financial products or services to you. • Our Joint Marketing providers can include entities providing a service or product that could allow Us to provide a broader selection of insurance products to you. Other Important Information For Residents of AZ, CT, GA, IL, ME, MA, MN, MT, NV, NJ, NC, OH, OR, and VA: Under state law, under certain circumstances you have the right to access and request correction, amendment or deletion of personal information that We have collected from or about you. To do so, contact your agent, visit www.markel.com/privacy-policy, call (888) 560- 4671, or write to Markel Corporation Privacy Office, 4521 Highwoods Parkway, Glen Allen, VA 23060. We may charge a reasonable fee to cover the costs of providing this information. We will let you know what actions We take. If you do not agree with Our actions, you may send Us a statement. For Residents of CA: You have the right to review, make corrections, or delete your recorded personal information contained in Our files. To do so, contact your agent, visit www.markel.com/privacy-policy, call (888) 560-4671, or write to Markel Corporation Privacy Office, 4521 Highwoods Parkway, Glen Allen, VA 23060. We do not and will not sell your personal information. For the categories of personal information We have collected from consumers within the last 12 months, please visit: www.markel.com/privacV-policV. For Residents of MA and ME: You may ask, in writing, for specific reason, for an adverse underwriting decision. Markel Group of Companies Providing This Notice: City National Insurance Company, Essentia Insurance Company, Evanston Insurance Company, FirstComp Insurance Company, Independent Specialty Insurance Company, National Specialty Insurance Company, Markel Bermuda Limited, Markel American Insurance Company, Markel Global Reinsurance Company, Markel Insurance Company, Markel International Insurance Company Limited, Markel Service, Incorporated, Markel West, Inc. (d/b/a in CA as Markel West Insurance Services), Pinnacle National Insurance Company, State National Insurance Company, Inc., Superior Specialty Insurance Company, SureTec Agency Services, Inc. (d/b/a in CA as SureTec Agency Insurance Services), SureTec Indemnity Company, SureTec Insurance Company, United Specialty Insurance Company, Inc. MPIL 1007 01 20 Page 3 of 3 HOW TO REPORT A CLAIM How to report a new claim: ➢ Email: newclaims@markel.com ➢ FAX: (855) 662-7535 (855) 6MARKEL ➢ *Phone: (800) 362-7535 (800) 3MARKEL ➢ Mail: P.O. Box 2009, Glen Allen, VA 23058-2009 Please complete the appropriate ACORD form in detail and include the name and phone number of the contact person at the location of the reported incident. If possible, please attach a copy of the facility incident report. When reporting an auto claim, please identify the unit # on the schedule along with the VIN#. If the loss/claim involves a building or damage to property, please provide the physical address of the property. *Please refer to your specific policy language for new claim reporting requirements. Some policies require you to report all claims in writing only. How to send Supplemental Information / Questions on an existing claim: ➢ Email: markelclaims@markel.com ➢ FAX: (855) 662-7535 (855) 6MARKEL ➢ Phone: (800) 362-7535 (800) 3MARKEL ➢ Mail: P.O. Box 2009, Glen Allen, VA 23058-2009 If you have questions about a claim, please call 1-800-362-7535. Inquiries may also be faxed to 1-855-662-7535. MPIL 1041 02 20 Page 1 of 1 'I' MARKEL EVANSTON INSURANCE COMPANY U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS INTERLINE No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and listed numerous: • Foreign agents; • Front organizations; • Terrorists; • Terrorist organizations; and • Narcotics traffickers; as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's web site — https://www.treasury.gov/ofac. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. MPIL 1083 04 15 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission. EVANSTON INSURANCE COMPANY gig State Transaction Code: NUMEU COMMERCIAL EXCESS LIABILITY POLICY DECLARATIONS POLICY NUMBER: EZXS3067554 RENEWAL OF POLICY: NEW Named Insured and Mailing Address (No., Street, Town or City, County, State, Zip Code) Totem Logistics Inc DBA Seattle Junk King 308 Clay St NW Auburn, WA 98001 Policy Period: From 12/22/2021 to 11/11/2022 at 12:01 A.M. Standard Time at your mailing address shown above. IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. Limits Of Insurance Each Occurrence Limit: $ 2,000,000 Aggregate Limit: $ 2,000,000 Retained Limit 1 Each Occurrence: $ Policy Premium: Terrorism Premium: Fees (Where Applicable): Total Premium: Audit Period: ® Not Applicable Rating Basis (If Subject To Audit) Premium $ 1,650.00 $ Not Covered $ 289.90 $ 1,939.90 Payable At Inception ❑ Annual ❑ Semi -Annual ❑ Quarterly ❑ Monthly Premium Basis: Rate: "This contract is registered and delivered as a surplus line coverage under the insurance code of the state of Washington, Title 48 RCW. It is not protected by any Washington state guaranty association law." GRIFFIN UNDERWRITING SERVICES Producer Number. Name and Mailina Address 210982 Griffin Underwriting Services 2375 130th Avenue Northeast Suite 200 Bellevue, WA 98005 Please check this policy and endorsements against original order. Griffin Underwriting Services assumes no responsibility for errors. NOTICE: Report all losses to Griffin Underwriting Services, PO Box 3867, Bellevue, WA 98009; Phone: 800-562-8095; claims@gogus.com NO FLAT CANCELLATIONS Endorsements Forms and Endorsements applying to this Coverage Part and made part of this policy at time of issue: Per Forms Schedule Schedule Of Underlying Insurance Per Schedule Of Underlying Insurance l ,,,c 4( MADUB 1000 0417 Page 1 of 1 These declarations, together with the Coverage Form and any Endorsement(s), complete the above numbered policy. Countersigned: 12/28/2021 By: DATE AUTHORIZED REPRESENTATIVE MADUB 1000 04 17 Page 2 of 1 INTERLINE POLICY NUMBER: EZXS3067554 MARKEV EVANSTON INSURANCE COMPANY SCHEDULE OF TAXES, SURCHARGES OR FEES State Description Amount WA Policy fee $ 250.00 WA Surplus Lines Tax $ 38.00 WA Stamping Fee $ 1.90 TOTAL $ 289.90 MDIL 1002 01 10 Page 1 of 1 INTERLINE POLICY NUMBER: EZXS3067554 N=KEr EVANSTON INSURANCE COMPANY FORMS SCHEDULE FORM NUMBER FORM NAME COMMON MJIL 1000 08 10 Policy Jacket (Evanston) MPIL 1007 01 20 Privacy Notice MPIL 1041 02 20 How To Report A Claim MPIL 1083 04 15 U.S. Treasury Department's Office Of Foreign Assets Control (OFAC) Advisory Notice To Policyholders MADUB 1000 04 17 Commercial Excess Liability Policy Declarations MDIL 1002 01 10 Schedule of Taxes, Surcharges Or Fees MDIL 1001 08 11 Forms Schedule MEIL 1200 02 20 Service Of Suit MEIL 1225 10 11 Change - Civil Union MIL 1214 09 17 Trade Or Economic Sanctions EXCESS LIABILITY MADUB 1003 04 17 Schedule Of Underlying Insurance MAUB 0001 01 15 Commercial Excess Liability Policy MAUB 1243 04 17 Unimpaired Aggregate Limit MAUB 1255 01 15 Non -Drop Down Provision MAUB 1264 04 17 25% Minimum Earned Premium (Excess) MAUB 1308 01 15 Exclusion - Breach Of Contract MAUB 1309 03 20 Exclusion - Communicable Disease MAUB 1310 04 17 Exclusion - Prior Incidents And Prior Construction Defects MAUB 1312 01 15 Exclusion - Residential Work Or Project - Specified States MAUB 1338 01 15 Exclusion - Aircraft Products and Grounding MAUB 1355 01 15 Exclusion - Nuclear Energy Liability MAUB 1358 01 15 Exclusion - Auto Liability MAUB 1363 04 17 Exclusion - Contractor's Services MAUB 1384 01 15 Exclusion - Employment -Related Practices MAUB 1386 01 15 Exclusion - ERISA MAUB 1391 01 15 Exclusion - Computer Related And Other Electronic Problems MAUB 1506 01 15 Intellectual Property Rights Following Form MAUB 151304 17 Contractors and Subcontractors - Indemnification and Insurance Conditions MAUB 1543 04 17 Personal And Advertising Injury Aggregate Limit Of Insurance MAUB 1600 10 20 Exclusion - Cyber Incident, Data Compromise, And Violation Of Statutes Related To Personal Information MAUB 1604 01 15 Exclusion - Exterior Insulation And Finish System MAUB 1615 01 15 Exclusion - Damage To Property MAUB 1617 01 15 Exclusion - Recall Of Products, Work Or Impaired Property MAUB 1618 04 17 Exclusion - Sublimited Underlying Coverage MAUB 1621 01 15 Exclusion - Recording And Distribution Of Material Or Information In Violation Of Law MDIL 1001 08 11 Page 1 of 2 MAUB 1638 01 15 Exclusion - Fungi Or Bacteria MAUB 1642 01 15 Exclusion - Lead MAUB 1663 01 15 Exclusion - Professional Services MAUB 1665 01 15 Exclusion - Auto No -Fault And Similar Laws MAUB 1666 01 15 Exclusion - War Liability MAUB 1678 01 15 Exclusion - Pollution MAUB 1692 01 15 Exclusion - Punitive Damages MAUB 1696 01 15 Exclusion Of Certified Acts Of Terrorism MAUB 1804 01 15 Exclusion - Silica Or Mixed Dust MAUB 1806 01 15 Exclusion - Subsidence MAUB 1813 01 15 Exclusion - Asbestos MAUB 1814 01 15 Colorado Exclusion - Residential Or Commercial Work Or Project MAUB 1815 01 15 Exclusion - New York Operations MAUB 1822 04 17 Exclusion - Unmanned Aircraft MAUB 1843 04 17 Exclusion - Cross Suits MUB Terr-2 01 15 Confirmation Of Exclusion Of Certified Acts Of Terrorism Coverage - Terrorism Risk Insurance Act MDIL 1001 08 11 Page 2 of 2 Evanston Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SERVICE OF SUIT Except with respect to any policy issued in any state in which the Insurer is licensed as an admitted insurer to transact business, it is agreed that in the event of the failure of the Company to pay any amount claimed to be due hereunder, the Company, at the request of the Named Insured, will submit to the jurisdiction of a court of competent jurisdiction within the United States and will comply with all requirements necessary to give such court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such court. Nothing in this clause constitutes or should be understood to constitute a waiver of the Company's rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process in such suit may be made upon Secretary, Legal Department, Markel Service, Incorporated, 10275 West Higgins Road, Suite 750, Rosemont, Illinois 60018, and that in any suit instituted against the Company upon this policy, the Company will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the Company hereby designates the Superintendent, Commissioner or Director of Insurance or other official specified for that purpose in the statute, or his/her successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Named Insured or any beneficiary hereunder arising out of this policy, and hereby designates the above -named as the person to whom the said officer is authorized to mail such process or a true copy thereof. MEIL 1200 02 20 Page 1 of 1 ill MARKEr EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES - CIVIL UNION INTERLINE All references to "spouse" or "family member" in any Coverage Part or policy form made part of this insurance shall include a party to a civil union or domestic partnership law recognized under any applicable statute. All other terms and conditions remain unchanged. MEIL 1225 10 11 Page 1 of 1 EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TRADE OR ECONOMIC SANCTIONS The following is added to this policy: Trade Or Economic Sanctions This insurance does not provide any coverage, and we (the Company) shall not make payment of any claim or provide any benefit hereunder, to the extent that the provision of such coverage, payment of such claim or provision of such benefit would expose us (the Company) to a violation of any applicable trade or economic sanctions, laws or regulations, including but not limited to, those administered and enforced by the United States Treasury Department's Office of Foreign Assets Control (OFAC). All other terms and conditions remain unchanged. MIL 1214 09 17 Page 1 of 1 EXCESS/UMBRELLA gig POLICY NUMBER: EZXS3067554 MARKED EVANSTON INSURANCE COMPANY SCHEDULE OF UNDERLYING INSURANCE Type of Policy / Carrier Limits Of Insurance Commercial General Liability Carrier: Underwriters at Lloyds Per Occurrence $1,000,000 Effective Date: 12/22/2021 General Aggregate $2,000,000 Expiration Date: 11/11/2022 Products/Completed Operations Aggregate $2,000,000 Personal and advertising injury $1,000,000 Employers Liability Carrier: Underwriters at Lloyds Each Accident $1,000,000 Effective Date: 12/22/2021 Policy Limit Aggregate $1,000,000 Expiration Date: 11/11/2022 Each Employee $1,000,000 All Limits Of Insurance are Each Occurrence and Aggregate, if applicable. MADUB 1003 04 17 Page 1 of 1 EXCESS/UMBRELLA EVANSTON INSURANCE COMPANY COMMERCIAL EXCESS LIABILITY POLICY Various provisions in this policy restrict coverage. Read the entire policy and any "underlying insurance" carefully to determine rights, duties and what is and is not covered. Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the Declarations and any other person or organization qualifying as an Insured under the "underlying insurance". The words "we" and "us" refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meanings. Refer to Section V. Definitions. SECTION I. INSURING AGREEMENT 1. We will pay those sums in excess of the limits shown in the Schedule Of Underlying Insurance that you become legally obligated to pay as damages because of injury to which this insurance applies, provided that the "underlying insurance" also applies, or would apply but for the exhaustion of its applicable Limits Of Insurance. 2. This policy is subject to the same terms, conditions, agreements, exclusions and definitions as the "underlying insurance", except: a. We will have no obligation under this policy with respect to any claim or suit that is settled without our consent; and b. With respect to any provisions to the contrary contained in this policy. 3. The amount we will pay for damages shall not exceed the Limits Of Insurance shown in the Declarations. 4. We will have the right to participate in the defense of claims or suits against you seeking damages because of injury to which this insurance may apply. We will have a duty to defend such claims or suits when the applicable limit of insurance of the "underlying insurance" has been exhausted by payment of judgments, settlements and any cost or expense subject to such limit. We may, at our discretion, investigate and settle any claim or suit. Our right and duty to defend ends when the applicable limit shown in the Declarations has been used up by our payment of judgments or settlements. SECTION II. EXCLUSIONS The exclusions applicable to the "underlying insurance" also apply to this policy. SECTION III. LIMITS OF INSURANCE 1. The Limit Of Insurance shown in the Declarations as the Each Occurrence Limit is the most we will pay for damages arising out of any one occurrence or offense. 2. If a Limit Of Insurance is shown in the Declarations as the Aggregate Limit, that amount will apply in the same manner as the aggregate limits shown in the Schedule Of Underlying Insurance. SECTION IV. CONDITIONS If any of the following conditions are contrary to conditions contained in the "underlying insurance" the provisions contained in this policy apply. 1. Appeals In the event the underlying insurer(s) elects not to appeal a judgment in excess of the limits of the "underlying insurance", we may elect to make such an appeal. If we so elect, we shall be liable, in addition to the applicable Limits Of Insurance, for all defense expenses we incur. MAUB 0001 01 15 Page 1 of 2 2. Maintenance Of Underlying Insurance a. You agree to maintain the "underlying insurance" in full force and effect during the term of this policy, and to inform us within 30 days of any replacement or material change of that "underlying insurance" by the same or another company. Failure to maintain the "underlying insurance" in full force and effect or to meet all conditions and warranties of such "underlying insurance" will not invalidate insurance provided under this policy, but insurance provided under this policy shall apply as if the "underlying insurance" were available and collectible. b. Reduction or exhaustion of the aggregate limit of any "underlying insurance" by payments for judgments, settlements or any costs or expenses subject to that limit, will not be a failure to maintain "underlying insurance" in full force and effect. c. No statement contained in this condition limits our right to cancel or not renew this policy. For purposes of this policy, if any "underlying insurance" is not available or collectible because of: a. The bankruptcy or insolvency of the underlying insurer(s) providing such "underlying insurance"; or b. The inability or failure for any other reason of such underlying insurer(s) to comply with any of the obligations of its policy; then this policy shall apply and amounts payable hereunder shall be determined as if such "underlying insurance" were available and collectible. 3. Other Insurance This insurance is excess over any other valid and collectible insurance whether primary, excess, contingent or any other basis, except other insurance written specifically to be excess over this insurance. 4. Cancellation a. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering advance written notice of cancellation to us. b. We may cancel this policy by mailing or delivering written notice of cancellation to the first Named Insured at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or (2) 60 days before the effective date of cancellation if we cancel for any other reason. c. We will mail or deliver our notice to the Named Insured's last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy will end on that date. e. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. f. If notice is mailed, proof of mailing will be sufficient proof of notice. 5. Policy Period This insurance will respond to injury or damage that occurs, or arises from an offense committed, during the Policy Period shown in the Declarations. SECTION V. DEFINITIONS "Underlying insurance" means the policies or self-insurance shown in the Schedule Of Underlying Insurance, any replacements thereof and other policies purchased or issued for newly acquired or formed organizations. Policies purchased or issued replacements of policies or self-insurance listed in the Schedule Of Underlying Insurance or for newly acquired or formed organizations shall not be more restrictive than those listed in the Schedule Of Underlying Insurance. All "underlying insurance" shall be maintained by you in accordance with the Maintenance Of Underlying Insurance condition of this policy. MAUB 0001 01 15 Page 2 of 2 EXCESS/UMBRELLA EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNIMPAIRED AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY 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 Limits Of Insurance section: The aggregate limits on "underlying insurance" shall be unimpaired as of the inception date of this policy. Only "occurrences" that take place during the policy period of this policy shall be considered in determining the extent of any exhaustion of the aggregate limits on "underlying insurance". If any "underlying insurance" is written on a claims made basis, the aggregate limits on "underlying insurance" will only be reduced or exhausted by claims for that insurance that are made during the policy period, or any Extended Reporting Period, of this policy. All other terms and conditions remain unchanged. MAUB 1243 4 17 Page 1 of 1 EXCESS/UMBRELLA III MMKEV EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON -DROP DOWN PROVISION This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY 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 aggregate limits on "underlying insurance" shall not be reduced as respects coverage excluded hereunder. It shall be the insured's sole responsibility to provide other insurance or self-insurance for any impairment of the underlying aggregate limit. All other terms and conditions remain unchanged. MAUB 1255 01 15 Page 1 of 1 ill MARKEL EXCESS/UMBRELLA EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 25% MINIMUM EARNED PREMIUM This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY A. Paragraph e. of Condition 4. Cancellation under Section IV. Conditions is replaced by the following: e. If this policy is cancelled by: (1) The first Named Insured and the policy is not subject to audit, we will retain no less than 25% of the Total Premium shown in the Declarations. (2) The first Named Insured and the policy is subject to audit, the earned premium will be determined by the final audit. However, in no event will we retain less than 25% of the Total Premium as described in the Minimum Earned Premium condition. (3) Us for any reason other than for nonpayment of premium, the refund will be pro-rata. However, in no event will we retain less than 25% of the Total Premium as described in the Minimum Earned Premium condition. We will send the first Named Insured any premium refund due. The cancellation will be effective even if we have not made or offered a refund. B. The following is added to Section IV. Conditions: Minimum Earned Premium a. The minimum earned premium for the policy period is 25% of the Total Premium, shown on the Declarations, plus any premium adjustment for endorsements and any additional premium developed by audit. b. Audits that indicate a return premium will not reduce the minimum earned premium as stated in Paragraph a. above. All other terms and conditions remain unchanged. MAUB 1264 04 17 Page 1 of 1 EXCESS/UMBRELLA MARKEC EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - BREACH OF CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY The following is added to the Exclusions section: This policy does not apply to: Breach Of Contract Liability arising out of any breach of contract, whether written or oral, or for any breach of an implied in law or implied in fact contract. This exclusion shall also apply to any additional insureds under this policy. All other terms and conditions remain unchanged. MAUB 1308 01 15 Page 1 of 1 EXCESS/UMBRELLA EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - COMMUNICABLE DISEASE This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY The following is added to the Exclusions section: This policy does not apply to: Communicable Disease Liability arising out of the actual or alleged exposure to, transmission of, or contraction of any communicable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the: a. Testing or failing to test for a communicable disease; b. Failure to prevent the spread of the disease; c. Failure to report the disease to authorities; or d. Supervising, hiring, employing, training, or monitoring of others who: (1) May be infected with any communicable disease; (2) May spread any communicable disease; or (3) Are alleged to have engaged in any wrongdoing set forth in Paragraphs a. through c. above. All other terms and conditions remain unchanged. MAUB 1309 03 20 Page 1 of 1 EXCESS/UMBRELLA MARKET EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - PRIOR INCIDENTS AND PRIOR CONSTRUCTION DEFECTS This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY The following is added to the Exclusions section: This policy does not apply to: Prior Incidents And Prior Construction Defects Loss, cost or expense arising from a claim which first occurred or is alleged to have begun to occur prior to the effective date of this policy. This exclusion applies regardless of whether repeated or continued exposure to conditions which were a cause of such loss, cost or expense occur during the period of this policy and cause additional, progressive or further loss, cost or expense, all of which are excluded from coverage. This exclusion shall apply whether or not the insured's legal obligation to pay damages has been established as of the inception date of this policy. If this policy is renewed or extended by us for more than one annual period, the most we will pay for loss, cost or expense arising from a claim which first occurred during one of the policy periods is the applicable limit of insurance available for the policy period during which the injury or damage first occurred, regardless of whether such injury or exposure to it existed before or continues after the policy period in which it first occurred. When coverage does not apply for the Named Insured, no coverage or defense will be afforded to any additional insured under this policy. All other terms and conditions remain unchanged. MAUB 1310 04 17 Page 1 of 1 EXCESS/UMBRELLA POLICY NUMBER: EZXS3067554 MARKET EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - RESIDENTIAL WORK OR PROJECT - SPECIFIED STATES This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY SCHEDULE States: Arizona, California, Colorado, Nevada, Oregon and Washington A. The following is added to the Exclusions section: This policy does not apply to: Residential Work Or Project Liability arising out of the construction, development, renovation, repair, maintenance, demolition, planning or preparation of any "residential work or project' in the states shown in the Schedule of this endorsement. B. The following is added to the Definitions section as respects this exclusion: "Residential work or project" means detached or attached single-family homes, single-family tract homes, townhomes, condominiums, cooperative housing or the conversion of apartments to townhomes, condominiums, cooperative housing or similar conversions. All other terms and conditions remain unchanged. MAUB 1312 01 15 Page 1 of 1 gig MARKEL° EXCESS/UMBRELLA EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - AIRCRAFT PRODUCTS AND GROUNDING This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY A. The following is added to the Exclusions section: This policy does not apply to: Aircraft Products And Grounding Liability arising out of your "aircraft products" or the "grounding" of any aircraft, missile or spacecraft. B. The following are added to the Definitions section with respect to this exclusion: 1. "Aircraft products": a. Means: (1) Aircraft, missiles or spacecraft and their ground support or control equipment; (2) Any other goods or products, other than those specified in Paragraph 1.a.(1) above, that you manufacture, sell, handle or distribute for any services you, or others trading under your name, provide or recommend for use in the manufacture, repair, operation, maintenance or use of any item specified in 1.a.(1) above; or (3) Any goods, products or spare parts you furnish, install or use in connection with any item specified in 1.a.(1) above, including but not limited to: (a) Ground handling tools and equipment; (b) Training aids, instruction manuals or blueprints; (c) Engineering or other data or advice; or (d) Service or labor relating to such aircraft or articles. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your "aircraft product", and (2) The providing of or failure to provide warnings or instructions. 2. "Grounding" means the withdrawal of one or more aircraft, missiles or spacecraft from flight operations or the imposition of speed, passenger or load restrictions on aircraft, missiles or spacecraft because of the existence or alleged existence of any defect, fault or condition affecting the safe operation of such aircraft, missile or spacecraft. All other terms and conditions remain unchanged. MAUB 1338 01 15 Page 1 of 1 EXCESS/UMBRELLA III MARKEL EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - NUCLEAR ENERGY LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY A. The following is added to Section II. Exclusions: This policy does not apply to: Nuclear Energy Liability Any liability resulting from the "hazardous properties" of "nuclear material'. B. As used in this exclusion: "Hazardous properties" include radioactive, toxic or explosive properties; "Nuclear material" means "source material', "special nuclear material' or "by-product material'; and "Source material", "special nuclear material" and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or any law amendatory thereof. All other terms and conditions remain unchanged. MAUB 1355 01 15 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. EXCESS/UMBRELLA III MMKEV EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - AUTO LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY 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 Exclusions section: This policy does not apply to: Auto Liability Any liability arising out of the ownership, maintenance, use or entrustment to others of any "auto" owned or operated by or rented or loaned to any insured, including `loading or unloading" thereof. This exclusion does not apply to parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or an insured. All other terms and conditions remain unchanged. MAUB 1358 01 15 Page 1 of 1 EXCESS/UMBRELLA EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION - CONTRACTOR'S SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY The following are added to Section II. Exclusions: This policy does not apply to: Damage To Property Property damage to: a. Any property or equipment rented, leased or loaned to any insured; b. Property being installed or erected by or for any insured; or c. That particular part of real property on which work is being performed by or for any insured. Wrap-up Bodily injury or property damage arising out of either your ongoing operations or operations included within the products - completed operations hazard at any joint venture or any project for which you are, or ever were, included as an insured under any owner -controlled, consolidated (wrap-up) insurance program. This exclusion applies whether or not the consolidated (wrap-up) insurance program: a. Provides coverage identical to that provided by this policy; b. Has limits adequate to cover all claims; or c. Remains in effect; Joint Venture Or Partnership Bodily injury or property damage arising out of any joint venture or partnership of which any insured is a member and which is not designated in this policy as a Named Insured. Architectural, Engineering Or Land Surveying Professional Services Bodily injury, property damage or personal and advertising injury arising out of the rendering of or failure to render any architectural, engineering or land surveying professional services performed by or for you, including: a. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawing and specifications; and b. Supervisory, inspection, architectural or engineering services. 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 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 or any engineer, architect or surveyor who is either employed by you or performing work on your behalf in such capacity. All other terms and conditions remain unchanged. MAUB 1363 04 17 Page 1 of 1 III MARKEL EXCESS/UMBRELLA EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - EMPLOYMENT -RELATED PRACTICES This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY The following is added to Section II. Exclusions: This policy does not apply to: Employment -Related Practices Bodily injury or personal and advertising injury to a person arising out of any: a. Refusal to employ; b. Termination of employment; c. Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or d. Consequential bodily injury as a result of the employment -related practices described in Paragraphs a. through c. above. This exclusion applies whether the injury -causing event described in Paragraphs a. through c. above occurs before employment, during employment or after employment. This exclusion applies whether the insured maybe held liable as an employer or in any other capacity, and to any obligation to share damages with or to repay someone else who must pay damages because of the injury. All other terms and conditions remain unchanged. MAUB 1384 01 15 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. ill MARKEL EXCESS/UMBRELLA EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ERISA This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY The following is added to Section II. Exclusions: This policy does not apply to: ERISA Any obligations incurred or imposed upon an insured (or which are imputed to any insured) under the Employee Retirement Income Security Act of 1974 (ERISA), Public Law 93-406, any law amendatory thereof and any similar state or local laws. All other terms and conditions remain unchanged. MAUB 1386 01 15 Page 1 of 1 EXCESS/UMBRELLA III MARKEL EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - COMPUTER -RELATED AND OTHER ELECTRONIC PROBLEMS This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY 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 Exclusions section: This policy does not apply to: Computer -Related And Other Electronic Problems Any "bodily injury", "property damage", "personal and advertising injury" or damages arising out of a pecuniary, financial or other economic loss resulting from the failure of any electronic data processing equipment, microprocessor, computer program, software, media, or data to correctly recognize, interpret, differentiate or process any date. All other terms and conditions remain unchanged. MAUB 1391 01 15 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. EXCESS/UMBRELLA EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INTELLECTUAL PROPERTY RIGHTS FOLLOWING FORM This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY The following is added to Section II. Exclusions: This policy does not apply to: Intellectual Property Rights Personal and advertising injury arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. However, this exclusion does not apply to infringement, in your advertisement, of copyright, trade dress or slogan if coverage is provided by the "underlying insurance" shown in the Schedule Of Underlying Insurance and then only to the extent provided by that "underlying insurance". All other terms and conditions remain unchanged. MAUB 1506 01 15 Page 1 of 1 EXCESS/UMBRELLA POLICY NUMBER: EZXS3067554 MARKEL" EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS AND SUBCONTRACTORS - INDEMNIFICATION AND INSURANCE CONDITIONS This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY SCHEDULE Minimum Primary Limit: $1,000,000 Each Occurrence The following is added to the Conditions section: Contractor's And Subcontractor's Indemnification And Insurance Conditions As respects all work performed for or on behalf of any insured, and as an express condition precedent to this insurance, each insured agrees for itself as follows: a. It has confirmed or will confirm that it is named as an additional insured on all contractors' and subcontractors' Commercial General Liability insurance policies and that such policies are written on an occurrence basis with a current policy period subject to limits no less than that shown in the Schedule of this endorsement as Minimum Primary Limit; and b. It has obtained or will obtain hold harmless agreements from all contractors and subcontractors indemnifying each such insured against all loss and expense arising out of or related to any insured to any person or property arising out of such contractor's or subcontractor's work for such insured. Failure of an insured to comply with any of the above conditions shall not invalidate this policy but in the event of such failure, this policy will apply to the same extent had the contractor or subcontractor maintained the insurance as required by this endorsement. Each insured agrees that no prejudice need result from an insured's noncompliance for this endorsement to be enforced. All other terms and conditions remain unchanged. MAUB 1513 04 17 Page 1 of 1 INTERLINE POLICY NUMBER: EZXS3067554 III MARKET EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PERSONAL AND ADVERTISING INJURY AGGREGATE LIMIT OF INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY SCHEDULE Personal And Advertising Injury Aggregate Limit: $2,000,000 Section III. Limits Of Insurance is replaced by the following: 1. The Limit Of Insurance shown in the Declarations as the Each Occurrence Limit is the most we will pay for damages arising out of any one occurrence or offense. 2. If a Limit Of Insurance is shown in the Declarations as the Aggregate Limit, that amount will apply in the same manner as the aggregate limits shown in the Schedule Of Underlying Insurance. However, if personal and advertising injury coverage is provided in the "underlying insurance", then the following applies: a. The Aggregate Limit shown in the Declarations is the most we will pay for the sum of all covered damages, except for damages because of personal and advertising injury, regardless of the number of occurrences, offenses, claims, or suits. b. The Personal And Advertising Injury Aggregate Limit shown in the Schedule of this endorsement is the most we will pay for the sum of all covered damages because of personal and advertising injury, regardless of the number of occurrences, offenses, claims, or suits. c. If a claim or suit results in a settlement or judgment for covered personal and advertising injury damages and other types of covered damages, then the following applies: (1) The Aggregate Limit shown in the Declarations applies to all covered damages; and (2) If the Aggregate Limit shown in the Declarations is exhausted by covered damages, then the Personal And Advertising Injury Aggregate Limit shown in the Schedule of this endorsement will apply to the personal and advertising injury damages that exceed the Aggregate Limit shown in the Declarations, until the Personal And Advertising Injury Aggregate Limit is exhausted. All other terms and conditions remain unchanged. MAUB 1543 04 17 Page 1 of 1 EXCESS/UMBRELLA EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - CYBER INCIDENT, DATA COMPROMISE, AND VIOLATION OF STATUTES RELATED TO PERSONAL DATA This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY 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. A. The following exclusion is added to the Exclusions sections of the Policy form, and all insuring agreements added to this policy by separate endorsement other than an endorsement described in Paragraph B. below: This policy does not apply to: Cyber Incident, Data Compromise, And Violation Of Statutes Related To Personal Data Damages caused by, arising out of, or in any way involving, directly or indirectly: a. The loss of, loss of use of, corruption of, inability to access, or reduction in functionality of a "computer system", including, but not limited to: (1) Damage to or loss of data occurring on a "computer system"; (2) Unauthorized access of a "computer system"; (3) Computer malware on a "computer system"; (4) Human error affecting a "computer system"; (5) System failure occurring on a "computer system"; (6) A defect of a "computer system"; (7) Social engineering, including, but not limited to, any priming, pretexting, spoofing, or other fraudulent, manipulative, or deceptive communication; or (8) Cyber extortion; b. Any: (1) Access to or disclosure of (whether such access or disclosure is authorized or unauthorized); or (2) Theft, alteration, or corruption of; any person's or organization's confidential, intellectual, or proprietary information or data, including, but not limited to, "personal data", patents, trade secrets, processing methods, customer lists, or any other type of nonpublic information; or c. Any action or omission that violates or is alleged to violate any federal, state, or local statute, law, rule, ordinance, or regulation that addresses, prohibits, regulates, or limits the printing, interception, dissemination, disposal, collecting, recording, sending, transmitting, communicating, distribution, sharing, sale, storage, retaining, receiving, or protection of "personal data", including, but not limited to: MAUB 1600 10 20 Page 1 of 3 (1) The Illinois Biometric Information Privacy Act (BIPA); (2) The California Consumer Privacy Act (CCPA); (3) The California Invasion Of Privacy Act (CIPA); (4) The New York Stop Hacks and Improve Electronic Data Security Act (SHIELD Act); (5) The European Union General Data Protection Regulation (GDPR); or (6) Any similar or related federal, state, or local statute, law, rule, ordinance, or regulation; including any amendments thereto. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses, costs associated with replacement of payment cards, fines, penalties, loss of use of property that has not been physically damaged, or any other loss, cost, or expense incurred by you or others arising out of that which is excluded above. However, this exclusion does not apply to damages because of "bodily injury" or physical damage to tangible property of others. For the purpose of this exclusion, electronic data is not tangible property. The insurance afforded by this exception is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent, or issued on any other basis. This does not apply to any insurance policy written specifically to apply in excess of this policy. As used in this exclusion, electronic data means information, facts, or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, or any other media which are used with electronically controlled equipment. B. If this policy contains an endorsement adding an insuring agreement that specifically provides coverage that is excluded in Paragraph A. above, then the exclusion added by this endorsement does not apply to such insuring agreement solely to the extent of the coverage provided by such endorsement. C. The following definitions are added to the Definitions section: "Computer system" means computer hardware, firmware, software, or any components thereof. "Personal data" means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked to a particular person or household, including, but not limited to: a. Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, password, account name, social security number, driver's license or state identification card number, passport number, telephone number, insurance policy number, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information, or other similar identifiers, characteristics, or descriptors; b. Commercial information, including records of personal property, products, or services purchased, obtained, or considered, transactions occurring over a peer -to -peer electronic cash system, or other purchasing or consuming histories or tendencies; c. Biometric data or information (such as a fingerprint, voice print, retina or iris image, or other unique physical representation or digital representation of biometric data); d. Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a person's or household's interaction with an internet website, application, or advertisement; e. Geolocation data; f. Audio, electronic, visual, thermal, olfactory, or similar information; g. Professional or employment -related information that is not publicly available; h. Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. section 1232g; 34 CFR Part 99) including any amendments thereto; 1. Identifiers set forth in any state or federal consumer protection or privacy statute or law including, but not limited to, the identifiers shown in Paragraphs a. through h. above; or MAUB 1600 10 20 Page 2 of 3 j. Inferences drawn from any of the identifiers shown in Paragraphs a. through i. above to create a profile about a person or household reflecting such person's or household's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes. All other terms and conditions remain unchanged. MAUB 1600 10 20 Page 3 of 3 ill MARKEL EXCESS/UMBRELLA EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - EXTERIOR INSULATION AND FINISH SYSTEM This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY 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. A. The following is added to the Exclusions section: This policy does not apply to: Exterior Insulation And Finish System Any liability included in the "products -completed operations hazard" and arising out of: a. The design, manufacture, construction, fabrication, preparation, installation, application, maintenance or repair, including remodeling, service, correction or replacement of: (1) An "exterior insulation and finish system" or any part thereof; or (2) Any substantially similar system or any part thereof, including the application or use of conditioners, primers, accessories, flashings, coatings, caulking or sealants in connection with such a system. b. Any work or operations with respect to any exterior component, fixture or feature of any structure if an "exterior insulation and finish system" is used on any part of that structure. B. The following is added to the Definitions section: "Exterior insulation and finish system" means an exterior cladding or finish system used on any part of any structure and consisting of: a. A rigid or semi -rigid insulation board made of expanded polystyrene or other materials; b. The adhesive and/or mechanical fasteners used to attach the insulation board to the substrate; c. A reinforced base coat; d. A finish coat providing surface texture and color; or e. Any flashing, caulking or sealant used with the system for any purpose. All other terms and conditions remain unchanged. MAUB 1604 01 15 Includes copyrighted material of Insurance Services Office. Inc., Page 1 of 1 with its permission. EXCESS/UMBRELLA gig M=Er EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - DAMAGE TO PROPERTY This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY The following is added to Section II. Exclusions: This policy does not apply to: Damage To Property Property damage to: a. Property you use, own, rent or occupy, including any costs or expenses incurred by you or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; b. Property loaned to you; c. Real or personal property in the care, custody or control of any insured (as respects real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, only excluding property damage to that particular part of real property on which operations are being performed, if the property damage arises out of those operations); d. Property transported by the insured; or e. Premises you sell, give away or abandon, if the property damage arises out of any part of those premises, and occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. All other terms and conditions remain unchanged. MAUB 1615 01 15 Page 1 of 1 EXCESS/UMBRELLA III MARKEL EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - RECALL OF PRODUCTS, WORK OR IMPAIRED PROPERTY This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY A. The following is added to Section II. Exclusions: This policy does not apply to: Recall Of Products, Work Or Impaired Property Any liability for damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: a. Your product; b. Your work; or c. "Impaired property", if such product, work, or "impaired property" is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. B. The following is added to Section V. Definitions: "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: (1) The repair, replacement, adjustment or removal of your product or your work; or (2) Your fulfilling the terms of the contract or agreement. All other terms and conditions remain unchanged. MAUB 1617 01 15 Page 1 of 1 EXCESS/UMBRELLA EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - SUBLIMITED UNDERLYING COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY 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 Exclusions section: This policy does not apply to: Sublimited Underlying Coverage Any "occurrence" or offense for which "underlying insurance" does not provide coverage for at least the applicable limits shown on the Schedule Of Underlying Insurance. All other terms and conditions remain unchanged. MAUB 1618 04 17 Page 1 of 1 EXCESS/UMBRELLA MARKEL`' EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY 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 Exclusions section: This policy does not apply to: Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury", "property damage" or "personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: a. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; b. The CAN-SPAM Act of 2003, including any amendment of or addition to such law; c. The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or d. Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions„ that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. All other terms and conditions remain unchanged. MAUB 1621 01 15 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission. EXCESS/UMBRELLA gig MARKET EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - FUNGI OR BACTERIA This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY A. The following is added to the Exclusions Section: This policy does not apply to: Fungi Or Bacteria a. Any liability arising out of the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any "fungi" or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such injury or damage. b. Any loss, cost or expense arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, "fungi" or bacteria. This exclusion does not apply to any "fungi" or bacteria that are, are on, or are contained in, a good or product intended for consumption. B. The following is added to the Definitions section: "Fungi" means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi. All other terms and conditions remain unchanged. MAUB 1638 01 15 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. EXCESS/UMBRELLA EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - LEAD This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY 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 Exclusions section: This policy does not apply to: Lead Any loss, claim or expense caused by, resulting from or arising out of lead, paint containing lead, or any other material or substance containing lead. We have no duty or obligation to provide or pay for the investigation or defense of any loss, cost, expense, claim or "suit' excluded herein. All other terms and conditions remain unchanged. MAUB 1642 01 15 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. EXCESS/UMBRELLA MARKED EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY 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 Exclusions section: This policy does not apply to: Professional Services "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render professional services or advice by an insured or by any person for whose acts or omissions the insured is legally responsible, whether or not that service or advice is ordinary in your profession and regardless of whether a claim or "suit" is brought by a client or any other person or organization. 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 "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 service. All other terms and conditions remain unchanged. MAUB 1663 01 15 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission. ill MARKEL EXCESS/UMBRELLA EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - AUTO NO-FAULT AND SIMILAR LAWS This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY The following is added to Section II. Exclusions: Auto No -Fault And Similar Laws This policy does not apply to: Any liability payable under or resulting from any no-fault, personal injury protection, uninsured motorists, underinsured motorists or similar law or statute. All other terms and conditions remain unchanged. MAUB 1665 01 15 Page 1 of 1 ill MARKEL EXCESS/UMBRELLA EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - WAR LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY The following is added to Section II. Exclusions: This policy does not apply to: War Liability Any liability, however caused, arising directly or indirectly out of: a. War, including undeclared or civil war; or b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. All other terms and conditions remain unchanged. MAUB 1666 01 15 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission. gig MARKEL EXCESS/UMBRELLA EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - POLLUTION This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY A. The following is added to Section II. Exclusions: This policy does not apply to: Pollution a. Any liability arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. b. Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". B. The following is added to Section V. Definitions: "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. All other terms and conditions remain unchanged. MAUB 1678 01 15 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. ill MARKEL EXCESS/UMBRELLA EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - PUNITIVE DAMAGES This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY 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 Exclusions section: This policy does not apply to: Punitive Or Exemplary Damages Punitive or exemplary damages. This exclusion applies regardless of any other provision of this policy. If a "suit' is brought, against any insured, seeking both compensatory damages and punitive or exemplary damages, no coverage will be provided by this policy for any costs, including defense costs, interest, fines or penalties attributable to punitive or exemplary damages. All other terms and conditions remain unchanged. MAUB 1692 01 15 Page 1 of 1 EXCESS/UMBRELLA III MARKEL" EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY 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. A. The following is added to the Exclusions section: This policy does not apply to: Terrorism "Any injury or damage" arising, directly or indirectly, out of a "certified act of terrorism". B. For the purposes of this endorsement, the following are added to the Definitions section: "Any injury or damage" means any injury or damage covered under any Coverage Part or underlying insurance to which this endorsement is applicable, and includes but is not limited to "bodily injury", "property damage", "personal and advertising injury", "injury" or "environmental damage". "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: a. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and b. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for injury or damage that is otherwise excluded under this policy. All other terms and conditions remain unchanged. MAUB 1696 01 15 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. ill MARKEL EXCESS/UMBRELLA EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - SILICA OR MIXED DUST This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY A. The following is added to Section II. Exclusions: This policy does not apply to: Silica Or Mixed Dust a. Liability caused by, resulting from, or arising out of or in any way related to the actual, alleged or threatened discharge, dispersal, emission, release, escape, handling, contact with, exposure to or inhalation, ingestion or respiration of "mixed dust", silica, silica -related dust or products or substances containing silica. This includes, but is not limited to any: (1) Supervision, instructions, recommendations, warnings or advice given or which should have been given in connection with the above; and (2) Obligation to share damages with or repay someone else who must pay damages because of such injury or damage. b. Any loss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to or assessing the effects of, "mixed dust", silica, silica -related dust or products or substances containing silica, by any insured or by any other person or entity. B. As respects this exclusion, the following is added to Section V. Definitions: "Mixed dust" means inorganic or organic dusts that have harmful effects on human beings. All other terms and conditions remain unchanged. MAUB 1804 01 15 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission. 'I' MARKEL EXCESS/UMBRELLA EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - SUBSIDENCE This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY The following is added to the Exclusions section: This policy does not apply to: Subsidence Any liability arising out of the subsidence, settling, slipping, falling away, caving in, shifting, eroding, rising, tilting or any other movement of land, earth or mud. All other terms and conditions remain unchanged. MAUB 1806 01 15 Page 1 of 1 EXCESS/UMBRELLA EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ASBESTOS This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY The following is added to Section II. Exclusions: This policy does not apply to: Asbestos a. The actual, alleged or threatened: (1) Inhalation of, ingestion of, or prolonged physical exposure to asbestos or products or work containing asbestos; (2) Use of asbestos in your work or your product or the work or product of any person or organization for whom you may be legally responsible; or (3) Exposure to asbestos or products containing asbestos which are at any time removed from a building or a structure, transported, handled, stored, treated, disposed of, processed or manufactured by you or any person or any organization for whom you may be legally responsible. b. Any loss, cost or expense arising out of any: (1) Request, demand or order that any insured or others test for, monitor, clean up, remove or contain, or in any way respond to or assess the effects of asbestos; or (2) Claim or suit by or on behalf of any person, organization or governmental authority for damages because of testing for, monitoring, cleaning up or removing, containing or in any way responding to, or assessing the effects of asbestos. All other terms and conditions remain unchanged. MAUB 1813 01 15 Page 1 of 1 EXCESS/UMBRELLA III MA tur EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COLORADO EXCLUSION - RESIDENTIAL OR COMMERCIAL WORK OR PROJECT This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY The following is added to the Exclusions section: This policy does not apply to: Residential Or Commercial Work Or Project In Colorado Liability arising out of the construction, development, renovation, repair, maintenance, demolition, planning or preparation of any residential or commercial work or project in the State of Colorado. All other terms and conditions remain unchanged. MAUB 1814 01 15 Page 1 of 1 EXCESS/UMBRELLA EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - NEW YORK OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY The following is added to the Exclusions section: This policy shall not apply to: New York Operations Liability arising out of operations conducted in the State of New York, regardless of whether such operations are conducted by you or on your behalf or whether the operations are conducted for you or for others. All other terms and conditions remain unchanged. MAUB 1815 01 15 Page 1 of 1 ill MARKEL EXCESS/UMBRELLA EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - UNMANNED AIRCRAFT This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY A. The following is added to Section II. Exclusions: This policy does not apply to: Unmanned Aircraft Bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance, use or entrustment to others of any "unmanned aircraft". Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by 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 ownership, maintenance, use or entrustment to others of any "unmanned aircraft". As used in this exclusion, 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 an "unmanned aircraft"; b. While it is in or on an "unmanned aircraft"; or c. While it is being moved from an "unmanned aircraft" to the place where it is finally delivered; but loading or unloading does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the "unmanned aircraft". Regarding personal and advertising injury, this exclusion does not apply to: a. The use of another's advertising idea in your advertisement; or b. Infringing upon another's copyright, trade dress or slogan in your advertisement. B. The following is added to Section V. Definitions: "Unmanned aircraft" means an aircraft that is not: a. Designed; b. Manufactured; or c. Modified after manufacture; to be controlled directly by a person from within or on the aircraft. All other terms and conditions remain unchanged. MAUB 1822 04 17 Page 1 of 1 ill MARKEL EXCESS/UMBRELLA EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - CROSS SUITS This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY 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 Exclusions section: This policy does not apply to: Named Insured Versus Named Insured Any claim or "suit" initiated, alleged or caused to be brought about by a Named Insured covered under this policy against any other Named Insured covered under this policy. All other terms and conditions remain unchanged. MAUB 1843 04 17 Page 1 of 1 EXCESS/UMBRELLA POLICY NUMBER: EZXS3067554 MARKEL`° EVANSTON INSURANCE COMPANY THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. CONFIRMATION OF EXCLUSION OF CERTIFIED ACTS OF TERRORISM COVERAGE - TERRORISM RISK INSURANCE ACT Terrorism Premium: SCHEDULE $83 Federal Share Of Terrorism Losses: 80% Disclosure Of Premium We have notified you that under the Terrorism Risk Insurance Act we must make certified acts of terrorism coverage available in the policies we offer. At that time we advised you that the premium for such terrorism coverage would be the amount shown in the Schedule of this notice. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federal program. The federal share equals a percentage (as shown in the Schedule of this notice) of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However, if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year, the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion. If you have not indicated to us or your agent that certified acts of terrorism coverage is desired, a certified act of terrorism exclusion will be attached to your policy and we will not charge your policy for terrorism coverage. If you desire to purchase terrorism coverage, please contact us or your agent. MUB-TERR-2 01 15 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. IL P 001 01 04 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and listed numerous: • Foreign agents; • Front organizations; • Terrorists; • Terrorist organizations; and • Narcotics traffickers; as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treas- ury's web site — http//www.treas.gov/ofac. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. IL P 001 01 04 © ISO Properties, Inc., 2004 Page 1 of 1 I IO IN /\ GUIDEONET" INSURANCE WHAT TO DO IN THE EVENT OF A CLAIM Promptly report it to either your insurance agent or to: GuideOne Insurance Phone:877-228-2788 Fax #: 800-676-4457 E-mail Address: programclaim@guideone.com 1111 Ashworth Rd West Des Moines, IA 50265 GuideOne.com Required information for Claim Reporting o Submit on an Accord Form (preferred method) o Submit without an Accord form (requested information for reporting) ■ Insured name, address, policy number ■ Date, Time, and Location of accident ■ Brief description of accident ■ Name and contact information of person reporting the accident ■ Main insured contact and contact information ONCE A CLAIM HAS BEEN FILED To receive your claim number and adjuster information contact: GuideOne Insurance Phone:877-228-2788 Fax #:800-676-4457 E-mail Address: programclaim@guideone.com NVF GuideOne Mutual Insurance Company ,, � , A„,� r^,, 1 �, � GuideOneSGuideOMutualInsuranceComparry R ��\\ jjI� GwdeOne Else Insurance Company GuideCrip ,, , ,1 1 , � ,> I , �V � , GwdeOne Natiornal Innsurance Company r Please check this policy and endorsements OG665-21-00001 against original order. Griffin Underwriting GuideOne National Insurance Company �71��1a1� � Services assumes no responsibility for errors. 1111 Ashworth Road 'A'°'k"rl West Des Moines, IA 50265 NO FLAT CANCELLATIONS COMMON POLICY DECLARATIONS Policy Number: ENV562004337-00 Renewal of Number: Policy Issue Date: 3/23/2021 ITEM 1. NAMED INSURED AND MAILING ADDRESS PRODUCER: Totem Logistics Inc Griffin Underwriting Services 681 Strander Blvd Tukwila, WA 98188 ITEM 2. BUSINESS DESCRIPTION: Debris Removal Contractor ITEM 3. POLICY PERIOD: From: 2/18/2021 To: 2/18/2022 at 12:01 A.M. Standard Time at your mailing address shown above. ITEM 4. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS: COVERAGE PART DECLARATIONS PAGE FORM NUMBER Contractors Pollution Liability - Occurrence GO 2001 - 1YC 10-17 GO 2101 - 3NC (10/17) ITEM 5. FORMS AND ENDORSEMENTS ATTACHED TO THE POLICY AT INCEPTION. - For Forms and Endorsements applicable to all Coverage Parts, see SCHEDULE B — SCHEDULE OF FORMS. For Conditions applicable to any given Coverage Part, see Declarations Page(s) as listed above. ITEM 6. Premium: $1,594.00 Terrorism Premium (Certified Acts): $0.00 "This contract is registered and delivered as a surplus Policv & Inspection Fees: $100 line coverage under the insurance code of the state of Washington, Title 48 RCW. It is not protected by any Minimum Earned Premium: 25.00% Washington state guaranty association law." GRIFFIN UNDERWRITING SERVICES BROKER FEE: $175.00 STATE TAX: $37.38 NOTICE: Report all losses to Griffin Underwriting Services, PO Box 3867, SLk.$1.._87. __: Bellevue, WA 98009; Phone: 800-562-8095; claims@gogus.com TOTAL: $1,908.25 Authorization: In Witness Whereof, the Company issuing this policy has caused this policy to be signed by its authorized officers, but this policy shall not be valid unless also signed by a duly authorized representative of the Company. 3/23/2021 �"'V Date Licensed Producer Signature Copyright 2017 GuideOne Insurance GO 0001 — 1YC 10 17 Page 1 of 1 GuideOne' Insurance GuideOne National Insurance Company 1111 Ashworth Road West Des Moines, IA 50265 SCHEDULE B - SCHEDULE OF FORMS AND ENDORSEMENTS Effective Date of This Schedule: 2/18/2021 Issue Date: 3/23/2021 Issued to: Totem Logistics Inc The following is a schedule of Forms and Endorsements issued with the policy at inception: Schedule of Forms and Endorsements: 1. Cover Environmental Cover Letter 2. ILP 001 01 04 U.S. Treasury OFAC Notice 3. GO Claims Reporting (06 19) GuideOne Claims Reporting 4. GO 0001 - 1YC 10 17 (Common) Common Policy Declarations 5. GCX 10 02 08 17 (Common) Schedule of Forms and Endorsements 6. GSP 42 06 08 17 Signature Provisions 7. GO 0221 - 2NC 10 17 (Common) Common Policy Conditions 8. GCX SS 0108 17 (Common) Service of Suit 9. GO 0212 - 2YP 10 17 (Common) Policy Aggregate and Per Occurrence Limit Provision 10. GO 0233 - 5NE 03 20 (Common) Covid-19 Exclusion 11. GO 0232 - SEN 09 18 (Common) Exclusion Of Certified Acts Of Terrorism And Exclusion Of Other Acts Of Terrorism Committed Outside The United States 12. GO 0229 - 5NN 10 17 (Common) Nuclear Energy Liability Exclusion Endorsement 13. GO 0214 - 2YP 02 18 (Common) Policy Period Minimum Premium and Minimum Earned Premium 14. GO 0222 - 5NS 10 17 (Common) Supplemental Policy Exclusions 15. GO 0201 - 2NC 10 17 (Common) Cancellation Non -Renewal 16. GO 2001 - 1YC 10 17 (CPL) Contractors Pollution Liability Coverage Part Declarations 17. GO 2101 - 3NC 10 17 (CPL) Contractors Pollution Liability Coverage Form 18. GO 2241 - 4YC 10 17 (CPL) Claim Expenses Additional Limit Endorsement 19. GO 2244 - 4YN 10 17 (CPL) Non Owned Disposal Sites Liability Endorsement - Schedule Limit 20. GO 2205 - 5NE 10 17 (CPL) Exclusion - Exterior Insulation and Finish Systems 21. GO 0216 - 4YP 10 17 (CPL) Primary / Non -Contributory Coverage 22. GO 0218 - 4YA 10 17 (CPL) Amended Waiver of Subrogation 23. GO 2212 - 4YA 10 17 (CPL) Additional Insured - Owners, Lessees or Contractors Copyright 2017 GuideOne Insurance GCX 10 02 08 17 GuideOne' Insurance GuideOne National Insurance Company 1111 Ashworth Road West Des Moines, IA 50265 Copyright 2017 GuideOne Insurance GCX 10 02 08 17 SIGNATURE PROVISIONS Signatures This policy is signed at West Des Moines, Iowa on behalf of the Company by the President and Secretary of the Company indicated below: GuideOne National Insurance Company L President Secretary Copyright 2015 GuideOne Insurance GSP 42 06 08 17 Page 1 of 1 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. The Conditions herein shall take precedence over any Condition found elsewhere in the policy which has the same heading. 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this policy. 2. Legal Action Against Us No person or organization has a right under this policy. 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 policy 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 judgement 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 policy 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. 3. Premium Audit A. We will compute all premiums for this policy in accordance with our rules, rates, rating plans, premiums, and minimum premium requirements. B. Premium shown in this policy as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice 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. D. We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. E. Premium adjustments affected as a result of premium audits may be done by us while the policy is in effect. F. Premium Audit adjustment calculations will be made to determine additional premium only. You have agreed with us that there will be no downward adjustments of the Advanced Premium. 4. Representations By accepting this policy, you agree: A. The statements in the Declaration, and in the application for insurance and information submitted therewith, 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. 5. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this policy to the first Named insured, this insurance applies: A. As if each Named Insured were the only Named Insured; and B. Separately to each insured against whom "claim" is made or "suit" is brought. 6. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this policy, 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. 7. When We Do Not Renew If we decide to cancel or not to renew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. 8. Cancellation A. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. B. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: 1. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or 2. 30 days before the effective date of cancellation if we cancel for any other reason. C. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. D. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. E. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. F. If notice is mailed, proof of mailing will be sufficient proof of notice. GO 0221 — 2NC 10-17 Includes Copyrighted Material of Insurance Services Office, Inc. with Page 1 of 2 its permission 9. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. 10. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. 11. Inspections And Surveys A. We have the right to: 1. Make inspections and surveys at any time; 2. Give you reports on the conditions we find; and 3. Recommend changes. B. We are not obligated to make any inspections, surveys, reports or recommendations, and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that conditions: 1. Are safe or healthful; or 2. Comply with laws, regulations, codes or standards. C. Paragraphs A. and B. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. D. Paragraph B. of this condition does apply to any inspections, surveys, reports or recommendations we may make relative to certification under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators. 12. Premiums The first Named Insured shown in the Declarations: A. Is responsible for the payment of all premiums; and B. Will be the payee for any return premiums we pay. 13. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your properly will have your rights and duties but only with respect to that property. GO 0221 — 2NC 10-17 Includes Copyrighted Material of Insurance Services Office, Inc. with Page 2 of 2 its permission SERVICE OF SUIT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. The party named below is authorized and directed to accept service of process on our behalf in any action, suit or proceeding instituted by or on behalf of any Insured or beneficiary under this policy against us arising out of this policy: CT Corporation System Further, pursuant to any statute of any state, territory or District of the United States which makes provision therefor, the Company hereby designates the Superintendent, Commissioner, Director of Insurance, Secretary of State or other officer specified for that purpose in the statute, or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the insured or any beneficiary hereunder, arising out of this contract of insurance. Upon such service, process should be forwarded to CT Corporation at the above address. The most current address for CT Corporation System applicable to your state may be provided by your agent or found at the web address below: https://ct.wolterskluwer.com/sop-locations GCX SS 0108 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY AGGREGATE AND PER OCCURRENCE LIMIT PROVISION All Coverage parts included in this policy are subject to the following provisions: 1. Notwithstanding anything contained in this policy to the contrary, the Policy Aggregate Limit identified below and the rules below outline the most we will pay under this policy regardless of the number of: a. Insureds; b. Claims or "claims" made or "suits" brought; c. Persons or organizations making claims or "claims" or bringing "suits"; d. Government actions taken with respect to "cleanup costs"; or e. Coverage Parts that are a part of this policy. 2. The Policy Aggregate Limit is the most we will pay for the sum of all damages and "claim expenses". 3. The Policy Aggregate Limit does not apply to: a. Supplementary Payments in any Coverage Part that do not reduce the limits of insurance for that Coverage Part; or b. Any Coverage Part that is described in the Declarations as a Commercial Excess Liability Coverage Part. 4. The Policy Aggregate Limit applies to the policy period as shown in the Declarations and to any extension or contraction of that policy period. 5. The Policy Aggregate Limit is the lesser of: a. The highest Aggregate Limit or General Aggregate Limit shown in any Coverage Part Declarations of this policy; or b. The following Policy Aggregate Limit, if any, shown below. POLICY AGGREGATE LIMIT $2,000,000 6. If an Occurrence covered under any coverage part or coverage from of this policy is also covered in whole or part under any other coverage form issued to you by us, the most we will pay is the single highest available applicable per Occurrence limit, but not to exceed the Policy Aggregate Limit. Go 0212 — 2YP 10-17 Includes Copyrighted Material of Insurance Services Office, Inc. with its Page 1 of 1 permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVID-19 EXCLUSION All Coverage parts included in this policy are subject to the following exclusion: This insurance does not apply to any: (1) "Bodily injury", "property damage", "personal and advertising injury"' or "claim" which would not have occurred in whole or part but for the actual, alleged or threatened contamination, discharge, dispersal, seepage, migration, growth, release or escape or exposure to "COVID-19" at any time. (2) Any loss, cost or expense arising out of any: (a) Request, demand, order of statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "COVID-19"; or (b) "Claim" or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "COVID-19"; or (c) "Claim" or "suit" alleging the failure of any "insured" to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "COVID-19." "COVID-19" means SARS-COV-2, COVID-19, or any other related or derivative virus or organism commonly called a Coronavirus. GO 0233 — 5NE 03-20 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILTY COVERAGE FORM TRANSPORTATION POLLUTION LIABILITY COVERAGE FORM WASTE FACILITIES POLLUTION LIABILITY COVERAGE FORM A. The following exclusion is added: b. Protracted and obvious physical This insurance does not apply to: disfigurement; or TERRORISM "Any injury or damage" arising, directly or indirectly, out of a "certified act of terrorism", or out of an 'other act of terrorism" that is committed outside of the United States (including its territories and possessions and Puerto Rico), but within the "coverage territory". However, with respect to an 'other act of terrorism", this exclusion applies only when one or more of the following are attributed to such act: 1. The total of insured damage to all types of property exceeds $25,000,000 (valued in US dollars). In determining whether the $25,000,000 threshold is exceeded, we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions; or 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision, serious physical injury means: a. Physical injury that involves a substantial risk of death; or c. Protracted loss of or impairment of the function of a bodily member or organ; or 3. The terrorism involves the use, release or escape of nuclear materials, or directly or indirectly results in nuclear reaction or radiation or radioactive contamination; or 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or 5. Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion, Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an 'other act of terrorism" and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. B. The following definitions are added: For the purposes of this endorsement, "any injury or damage" means any injury or damage covered under any Coverage Part to which this endorsement is applicable, and includes but is not limited to "bodily injury", "property damage", "personal and advertising injury", "injury" or "environmental damage" as may be defined in any applicable Coverage Part. GO 02 32 - 5EN 09 18 Includes Copyrighted Material of Insurance Services Office, Inc. with its Page 1 of 2 permission "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: a. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; b. The act resulted in damage (1) Within the United States (including its territories and possessions and Puerto Rico); or (2) Outside of the United States in the case of: (a) An air carrier (as defined in Section 40102 of title 49, United States Code) or United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), regardless of where the loss occurs; or (b) The premises of any United States mission; and c. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 3. "Other act of terrorism" means a violent act or an act that is dangerous to human life, property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion, and the act is not a "certified act of terrorism". Multiple incidents of an 'other act of terrorism" which occur within a seventy-two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. Page 2 of 2 Includes Copyrighted Material of Insurance Services Office, Inc. with its Go 02 32 — 5EN 0918 permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL EXCESS LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART TRANSPORTATION POLLUTION COVERAGE PART WASTE FACILITIES POLLUTION LIABILITY COVERAGE PART OWNERS & CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART 1. The insurance does notapply: B. Under any Medical Payments coverage, to A. Under any Liability Coverage, to "bodily injury" expenses incurred with respect to "bodily injury" or "property damage": resulting from the "hazardous properties" of "nuclear material" and arising out of the (1) With respect to which an "insured" under operation of a "nuclear facility" by any person the policy is also an insured under a nuclear or organization. energy liability policy issued by Nuclear Energy Liability Insurance Association, C. Under any Liability Coverage, to "bodily injury" Mutual Atomic Energy Liability or "property damage" resulting from "hazardous Underwriters, Nuclear Insurance properties" of "nuclear material", if: Association of Canada or any of their (1) The "nuclear material" (a) is at any "nuclear successors, or would be an insured under facility" owned by, or operated by or on be - any such policy but for its termination upon half of, an "insured" or (b) has been dis- exhaustion of its limit of liability; or charged or dispersed therefrom; (2) Resulting from the "hazardous properties" (2) The "nuclear material" is contained in "spent of "nuclear material" and with respect to fuel" or "waste" at any time possessed, which (a) any person or organization is handled, used, processed, stored, trans - required to maintain financial protection ported or disposed of, by or on behalf of an pursuant to the Atomic Energy Act of 1954, "insured"; or or any law amendatory thereof, or (b) the (3) The "bodily injury" or "property damage" "insured" is, or had this policy not been arises out of the furnishing by an "insured" issued would be, entitled to indemnity from of services, materials, parts or equipment in the United States of America, or any connection with the planning, construction, agency thereof, under any agreement maintenance, operation or use of any entered into by the United States of "nuclear facility", but if such facility is America, or any agency thereof, with any located within the United States of America, person or organization. its territories or possessions or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility" and any property thereat. GO 0229 — 5NN 10-17 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 2 with its permission 2. As used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "Special nuclear material" or "by-product material'. "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 ex- posed 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. GO 0229 — 5NN 10-17 Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 2 with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY PERIOD MINIMUM PREMIUM AND MINIMUM EARNED PREMIUM All Coverage parts included in this policy are subject to the following provisions. Policy Period Minimum Premium Policy Period Minimum Premium means the minimum premium earned at the end of the original Policy Period shown in the Declarations. This policy may be subject to final audit, but under no circumstances will the audited earned premium be less than the Policy Period Minimum Premium shown or less than the pro rata of the Policy Period Minimum Premium if the policy is cancelled prior to the end of the Policy Period shown in the Declarations. The Policy Period Minimum Premium for this policy is 100% of the Minimum & Deposit premium on the Declarations. 2. Minimum Earned Premium Upon Cancellation Common Policy Conditions, Paragraph E. of Section 8. Cancellation is deleted in its entirety and replaced as follows: If the insured elects to cancel this Policy at any time, for any reason, or the Company elects to cancel this Policy because of the Insured's failure to pay any premium when due, the Company is entitled to the greatest of: a) A Minimum Earned Premium of the greater of 25.00% of the Minimum & Deposit Premium on the Declarationsor 399: 1) if the policy is cancelled within 12 months of the policy effective date;or 2) 100% of the deposit premium shown on the applicable Coverage Part Declarations Page if the policy is cancelled more than 12 months after the policy effectivedate. b) The Total Advance (Deposit) Premium including endorsements, adjusted on a pro rata or short -rate basis; or c) The audited earned premium. If the Company elects to cancel this Policy for any reason, then the Company is entitled to the greater of: a) The Policy Period Minimum Premium, adjusted on a pro rata basis;or b) The audited earned premium. 3. Any adjustment to the amount entered as Minimum & Deposit Premium on the Declarations will be computed on a composite rate basis as follows: Exposure Basis: "Gross Sales" Estimated Exposure: $900,000 Composite Rate: $ FLAT per $100.00 "Gross Sales" Minimum & Deposit Premium: $1,594 An additional premium will apply to scheduled supplemental autos, if any (rate $ N/A per automobile) Your entire "gross sales" shall be used in computing the premium due unless certain services or items are excluded by specific endorsement to this policy. "Gross sales" means the gross amount charged by you for services performed during the policy period, and does not exclude bad debts, accounts receivable or amounts that have not yet been billed for services performed. GO 0214 — 2YP 02-18 "Includes copyrighted material of Insurance Services Office, Inc. with its Page 1 of 1 permission" THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SUPPLEMENTAL POLICY EXCLUSIONS All Coverage parts included in this policy are subject to the following exclusion: A) Employment Related Practices "Bodily injury" to, or damage that results from, any act, error or omission to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment -related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone who must pay damages because of the injury. B) Mold, Fungus and Organic Pathogen Exclusion This insurance does not apply to any: (1) "Bodily injury", "property damage", "personal and advertising injury"' or "claim" which would not have occurred in whole or part but for the actual alleged or threatened discharge, dispersal, seepage, migration, growth, release or escape of any "organic pathogen" at any time. (2) Any loss, cost or expense arising out of any: (a) Request, demand, order of statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain treat, detoxify or neutralize, or in any way respond to, or assess the effects of any "organic pathogen"; or (b) "Claim" or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, any "organic pathogen". "Organic pathogen" means any organic irritant or contaminant, including but not limited to mold, fungus, bacteria or virus, including but not limited to their byproduct such as mycotoxin, mildew, or biogenic aerosol. GO 0222 — 5NS 10-17 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION / NON -RENEWAL This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL EXCESS LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART TRANSPORTATION POLLUTION COVERAGE PART WASTE FACILITIES POLLUTION LIABILITY COVERAGE PART OWNERS & CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART If the cancellation and/or non -renewal requirements for the insured location are not shown in our policy, or notice requirements areotherthan shown in ourpolicy, we will comply with those State requirements All other terms and conditions remain unchanged. GO 0201 - 2NC 10-17 Includes copyrighted material of Insurance Services Office, Inc. Pagel of 1 with its permission. At OG665-21-00001 ONE GuideOne National Insurance Company 1111 Ashworth Road West Des Moines, IA 50265 CONTRACTORS POLLUTION LIABILITY COVERAGE PART DECLARATIONS Policy Number: ENV562004337-00 Policy Issue Date: 3/23/2021 ITEM 1. NAMED INSURED AND MAILING ADDRESS Totem Logistics Inc 681 Strander Blvd Tukwila, WA 98188 ITEM 2. POLICY PERIOD: From: 2/18/2021 To: 2/18/2022 at 12:01 A.M. Standard Time at your mailing address shown above. ITEM 3. LIMITS OF INSURANCE Contractors Pollution Liability - Occurrence Aggregate Limit $2,000,000 Each Pollution Condition Limit $1,000,000 ITEM 4. RETROACTIVE DATE (For Claims Made Coverage Only): If no Retroactive Date is shown above, the Retroactive Date is the beginning of the policy period for this insurance. ITEM 5. DEDUCTIBLE AMOUNT: $5,000 Deductible Each Pollution Condition ITEM 6. ENDORSEMENTS ATTACHED TO THE POLICY AT INCEPTION: See attached Schedule B — Schedule of Forms and Endorsements Copyright 2017 GuideOne Insurance Page 1 of 1 GO 2001 — 1YC 10-17 CONTRACTORS POLLUTION LIABILITY COVERAGE FORM Various provisions in this coverage form restrict coverage. This is limited insurance. It does not provide Commercial General Liability Coverage. Read the entire coverage form carefully to determine rights, duties and what is and is not covered. Throughout this coverage form the words "you", "your" or "named insured" refer to the entity(ies) identified in the Declarations, and any other person or organization qualifying as a Named Insured under this coverage form. 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 II - Who I an Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section VI - Definitions. SECTIONI- COVERAGES CONTRACTOR'S POLLUTION LIABILITY 1. Insuring Agreement A. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have, the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this Insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any "claim" or "suit" that may result. But: (1) The amount we will pay for damages and "claim expenses" is limited as described in Section III - Limits Of Insurance and Deductible; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or "claim expenses". No other obligation or liability to pay sums or perform acts or services is covered. B. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory'; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) The "bodily injury" or "property damage" results from a "pollution condition" that arises out of "your work". If such "bodily injury" or "property damage" takes place during multiple policy periods for policies issued by us, all "bodily injury" or "property damage" will be deemed to have taken place during the earliest period during which the "bodily injury' or "property damage" commenced. 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. Exclusions This insurance does not apply to: A. Expected Or Intended Injury "Bodily injury" or "property damage' expected or intended from the standpoint of the insured. This exclusion does not apply to "property damage" resulting from "Emergency response expenses". B. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contractor agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a parry other than an insured are deemed to be damages because of "bodily injury' or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract'; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. C. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. D. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies: (1) Whether the insured maybe liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". E.Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto", rolling stock or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading of property into, onto or from an aircraft, watercraft, rolling stock or "auto". 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 .,occurrence' which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto", rolling stock or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from a "pollution condition" from any "auto", 'Watercraft" or rolling stock owned or operated by or rented or loaned to the insured within the boundaries of a job site and arising from the performance of "your work". GO 2101 — 3NC 10-17 Includes copyrighted material of Insurance Services Office, Inc. with its Page 1 of 6 permission F.Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. G. War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. H. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon; or (3) Property loaned to you. This exclusion does not apply to "Property damage" arising from a "pollution condition" at or from the named insured's temporary rental, lease or use of non owned property used to house equipment and materials in connection with and located within the boundaries of the job site where "your work" is being performed. I. Damage To Your Product "Bodily injury" or "property damage" arising out of "your product". This exclusion does not apply to materials, parts or equipment furnished in connection with "your work" or operations. J. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". This exclusion does not apply: (1) To "Emergency response expenses"; or (2) If the damaged work or the workout of which the damage arises was performed on your behalf by a subcontractor. K. Non Owned Disposal Sites "Bodily injury" or "property damage" at or from a "non owned disposal site" and arising from the delivery, disposal or treatment of any waste material arising from "your work". L. Executive Officer "Bodily injury" or "property damage" arising from your services and/or capacity as an "executive officer", director, partner, trustee or .,employee" of a business enterprise not named in the Declarations. M. Other Enterprises "Bodily Injury" or "property damage" 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. This exclusion does not apply to any organization which you newly acquire or form that the named insured has at least fifty percent (50%) or more of the outstanding stock or ownership interest and: (1) The named insured advises us within thirty (30) days of your acquiring or forming such organization; and (2) There shall be no coverage for and "bodily injury" or "property damage" resulting from a "pollution condition" arising prior to the named insured advising us of such organization. N. Intentional Acts "Bodily injury" or "property damage" arising out of your intentional, willful or deliberate non-compliance with any statute, regulation, ordinance, administrative complaint, notice of violation, notice letter, executive order or instruction of any governmental or public agency or body either before or after coverage inception. 0. Criminal Fines, Penalties and Assessments. Any criminal fines, criminal penalties or criminal assessments. P.Professional Services "Bodily injury" or "property damage" arising out of the rendering of or failure to render professional services by you or any contractor or subcontractor working on your behalf, including the preparation or approval of maps, drawings, opinions, reports, surveys, designs, specifications or engineering services. Q. Other Insured Any "claim" made or "suit" brought by or on behalf of: (1) Your parent corporation, a subsidiary of your parent corporation or your subsidiary; or (2) Any insured against any other insured covered under this insurance. This exclusion does not apply to a person or organization who would not be an insured under this policy except for an endorsement to this policy adding them as an additional insured. R. Known injury Or Damage "Bodily injury" or "property damage" that occurred in whole or in part and was known to have occurred by any insured prior to the inception date of the policy. S.Owned, Leased Or Occupied Locations "Bodily injury" or "property damage" arising out of any work performed or operations taking place at any location that is or previously was owned, leased or occupied by the named insured. T. Exterior Insulation And Finish Systems (EIFS) "Bodily injury" or "property damage" arising out of, caused by, or attributable to, whether in whole or in part, the following: (1) The design, manufacture, construction, fabrication, preparation, distribution and sale, installation, application, maintenance or repair, including remodeling, service, correction, or replacement, of an "exterior insulation and finish system" or any part thereof, or any substantially similar system or any part thereof, including the application or use of conditioners, primers, accessories, flashings, coatings, caulking or sealants in connection with such a system; or (2) "Your product" or "your work" with respect to any exterior component, fixture or feature of any structure if an "exterior insulation and finish system", or any substantially similar system, is used on the part of that structure containing that compound, feature or fixture. This exclusion applies to all work performed by you or on your behalf. SECTION II - 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. GO 2101 — 3NC 10-17 Includes copyrighted material of Insurance Services Office, Inc. with its Page 2 of 6 permission 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. E. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: A. Your "volunteer workers" only while performing duties related to the performance of "your work", or your "employees", other than either your "executive officer" (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. Any person (other than your "employee" or "volunteer worker') or any organization while acting as your real estate manager. C. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. D. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III - LIMITS OF INSURANCE AND DEDUCTIBLE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: A. Insureds; B. "Claims" made or "suits" brought; C. Persons or organizations making "claims" or bringing "suits"; or D. Governmental actions taken with respect to "cleanup costs". 2. The Aggregate Limit is the most we will pay for the sum of all damages and "claim expenses". 3. Subject to 2. above, the Each Pollution Condition Limit is the most we will pay for the sum of all damages and "claim expenses" because of all "bodily injury" or "property damage" arising out of any one "pollution condition". 4. Subject to 3. above, our obligation under this insurance to pay damages and "claim expenses" on behalf of the insured only applies in excess of the Deductible Amount shown in the Declarations for the sum of all damages and "claim expenses" because of all "bodily injury' or "property damage" arising out of any one "pollution condition". If we attempt to settle any "claim" by "mediation", the Deductible Amount shown in the Declarations shall be waived up to a maximum of $25,000.00 if a principal of the insured is in attendance at the "mediation". 5. All "claim expenses" shall first be subtracted from the available Limits of Insurance under this Coverage Part, with the remainder, if any, being the amount available to pay damages. If an available Limit of Insurance is exhausted prior to settlement or judgment of any pending "claim" or "suit", we shall have the right to withdraw from further investigation or defense thereof by tendering control of such investigation or defense to the insured. 6. If we have paid any amount as a result of this Coverage Part for damages or "claim expenses" in excess of the Limits of Insurance or within the Deductible Amount, you shall be liable to us for such amounts and, upon demand, shall pay such amounts to us. We shall not make any payment in excess of the Limits of Insurance without your consent. 7. We, at our sole election and option, may either: A. Pay any part or all of the Deductible Amount to effect settlement of any "claim'; 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 Amount, to be held and applied by us as herein provided. 8. The Limits of Insurance of this Coverage Part apply to the entire policy period as shown in the Declarations or to any extension or contraction of that policy period. The Limits Of Insurance do not reinstate annually. SECTION IV -CONDITIONS 1. Duties In The Event Of A Claim, Suit Or Pollution Condition A. You must see to it that we are notified as soon as practicable of a "pollution condition" which may result in a "claim" or "suit". To the extent possible, notice should include: (1) How, when and where the "pollution condition" took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "pollution condition". B. If a "claim" is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the "claim" or "suit" and the date received; and (2) Notify us as soon as practicable. C. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "claim" or a "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the "claim" or defense against the "suit'; and (4) 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. D. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 2. Other Insurance If other valid and collectable insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are limited as follows: A. Excess Insurance This insurance is excess over any other applicable insurance, whether or not such insurance is stated to be primary, excess, catastrophe, umbrella, contingent or on any other basis. We will have no duty to defend the insured against any "suit" that any other insurer has a duty to defend. 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. We will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, 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 Part. GO 2101 — 3NC 10-17 Includes copyrighted material of Insurance Services Office, Inc. with its Page 3 of 6 permission B. 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 loss remains, 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. SECTION V — DEFINITIONS 1. "Auto" means: A. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or B. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 2. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. "Bodily injury" includes: A. Mental anguish or other mental injury, including shock or medical monitoring resulting from "bodily injury'; and B. Civil fines, penalties or assessments and where allowable by law, punitive, exemplary, or multiple damages. 3. "Claim" or "claims" means a request or demand, including the institution of "suit" or arbitration proceedings against any insured, received by you or us and seeking the payment of damages by an insured. 4. "Claim expenses" means fees and expenses that are incurred by us, or by an attorney retained by us, in the investigation, settlement, defense or appeal of a "claim" or "suit". Such expenses include: A. Reasonable expenses an insured incurs at our request while helping us to investigate or defend a "claim" or "suit", but we will not pay more than $500 a day to any insured who attends as a witness any trial, deposition or interrogatory at which the company has requested the insured's attendance, or when such attendance is required by the court. The maximum amount payable for all such expenses shall not exceed $5,000 as a total aggregate for the policy period. B. If incurred by us, or by the insured with our written consent, costs taxed against the insured in the "suit", pre -judgement interest and post -judgement interest. "Claim expenses" do not include salaries of our employees or our officials. 5. "Cleanup costs" means expenses incurred in the investigation, evaluation, monitoring, testing, removal, containment, treatment, response, disposal, remediation, detoxification or neutralization of any ,.pollutants" from property or "natural resources" provided that such expenses result from "your work", and that such expenses: A. Are required by applicable environmental laws, rules, regulations, or ordinances, or specifically mandated by court order, the government or any political subdivision or agency of the United States of America or any state or municipality thereof, or Canada or any province thereof; or B. Have actually been incurred by the government or any political subdivision or agency of the United States of America or any state or municipality thereof, or Canada or any province thereof, or by any third parties; or C. Result from "Emergency response expenses". "Cleanup cost" also includes "replacement cost". 6. "Coverage territory" means: A. The United States of America (including its territories and possessions), Puerto Rico and Canada; 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 A. above; or C. All other parts of the world if the injury or damage arises out of the activities of a person whose home is in the territory described in A. above but is away for a short time on your business provided the insured's responsibility to pay damages is determined in a "suit" on the merits in the territory described in A. above or in a settlement we agree to. 7. "Emergency response expenses" means reasonable cost incurred by the named insured or affiliated entity in response to a "pollution condition" subject to all requirements and provisions set forth in the policy, and additionally: A. The "pollution condition" is discovered no later than seven (7) calendar days after its commencement; and B. The "pollution condition" is reported to us no later than thirty (30) calendar days after its commencement. "Emergency response expenses" are considered damages under this policy and are not "claim expenses". 8. "Employee' includes a "leased worker" and a "temporary worker' working on behalf of and under direct supervision of you, but only for ,.your work". 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10. "Exterior insulation and finish system" means a non -load bearing exterior cladding or finish system, and all component parts therein, used on any part of any structure, and consisting of: A. A rigid or semi -rigid insulation board made of expanded polystyrene and other materials; B. This adhesive and/or mechanical fasteners used to attach the insulation board to the substrate; C. A reinforced or unreinforced base coat; D. A finish coat providing surface texture to which color may be added; and E. Any flashing, caulking or sealant used with the system for any purpose. 11. "Insured contract" means: A. A sidetrack agreement; B. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; C. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; D. An elevator maintenance agreement; E. 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. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph E. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; (2) 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 GO 2101 — 3NC 10-17 Includes copyrighted material of Insurance Services Office, Inc. with its Page 4 of 6 permission (3) 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 (2) above and supervisory, inspection, architectural or engineering activities. 12. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 13. "Mediation" means the intervention of a neutral third party to effect resolution or closure of a "claim". 14. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: A. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; B. Vehicles maintained for use solely on or next to premises you own or rent; C. Vehicles that travel on crawler treads; D. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers. E. Vehicles not described in A., B., C. or D. above that are not self- propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; F. Vehicles not described in A., B., C. or D. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 15. "Natural resources" means land, surface water, subsurface strata or air. 16. "Natural resources 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 (including the resources of the fishery conservation zone established by the Magnuson -Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et. seq.)), any State, Local or Provincial government, any foreign government, any Native American tribe or, if such resources are subject to a trust restriction on alienation, any member of a Native American tribe. 17. "Non owned Disposal Site" means a facility or site that is used for treatment, transfer, landfill, storage or disposal of any "pollutants' which is not owned, operated, leased or maintained by the named insured or affiliated entity. 18. "Occurrence' means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 19. "Pollutants" mean any solid, liquid, gaseous or thermal or biological substance, material, matter, medical or pathological waste, irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste and naturally occurring radioactive material. 20. "Pollution condition" means the discharge, dispersal, seepage, migration, release or escape of "pollutants". In the event of related ,.pollution conditions", or of the continuation, progression, change or resumption of the same or related "pollution conditions" over any period of time, such "pollution conditions" shall be deemed to be one ,.pollution condition". 21. "Products -completed operations hazard": A. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (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. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. B. Does not include "bodily injury' or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the loading or unloading of that vehicle by any insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 22. "Property damage" means: A. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or B. Loss of use of tangible property that is not physically injured; or C. "Cleanup cost'; or D. "Natural Resource Damages"; or E. Civil fines, penalties or assessments and where allowable by law, punitive, exemplary, or multiple damages. 23. "Replacement cost" means reasonable expenses incurred by the named insured to repair or replace real property or physical improvements to such real property that were made prior to the ,.pollution condition" and damaged during the course of responding to the "pollution condition". "Replacement cost" does not include cost associated with improvements of real property. GO 2101 — 3NC 10-17 Includes copyrighted material of Insurance Services Office, Inc. with its Page 5 of 6 permission 24. "Suit" means a civil proceeding in which damages because of "bodily injury" or "property damage" 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. 26. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 27. "Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 28. "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. 29. "Yourwork": A. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. B. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work'; and (2) The providing of or failure to provide warnings or instructions. GO 2101 — 31NIC 10-17 Includes copyrighted material of Insurance Services Office, Inc. with its Page 6 of 6 permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CLAIM EXPENSES ADDITIONAL LIMIT ENDORSEMENT This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART Paragraph 3. in SECTION III — LIMITS OF INSURANCE AND DEDUCTIBLE is deleted and replaced by the following: a. Subject to 2. above, the Each Pollution Condition Claim Expenses Limit shown below is the most we will pay for the sum of all "claim expenses" because of all "bodily injury" or "property damage" arising out of any one "pollution condition". b. Subject to 2. above, the Each Pollution Condition Limit is the most we will pay for the sum of all dam- ages and "claim expenses" because of all "bodily injury' or "property damage" arising out of any one "pollution condition". However, the Each Pollution Condition Limit does not apply to "claim expenses" until after the Each Pollution Condition Claim Expenses Limit shown below has been exhausted by payment of "claim expenses" for that same "pollution condition". Each Pollution Condition Claim Expenses Limit: $1,000,000 GO 2241 — 4YC 10-17 Includes Copyrighted Material of Insurance Services Office, Inc. Page 1 of 1 with its permission PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY. NON OWNED DISPOSAL SITE(S) LIABILITY ENDORSEMENT - SCHEDULED LIMIT THIS COVERAGE FORM PROVIDES CLAIMS -MADE COVERAGE. CLAIM EXPENSES ARE INCLUDED WITHIN THE DEDUCTIBLE AMOUNT AND THE LIMITS OF INSURANCE WILL BE REDUCED BY CLAIM EXPENSES. This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE LIMITS OF INSURANCE AND DEDUCTIBLE Each Pollution Condition Limit $1,000,000 Aggregate Limit $1,000,000 Deductible $5,000 Retroactive Date: 2/18/2021 For the purpose of this endorsement: Our obligation to pay damages on your behalf applies only to the amount of damages in excess of any deductible amount shown in the Schedule of this endorsement as applicable to such coverage. The Limits of Insurance applicable to Each Pollution Condition or Aggregate for such coverages are not reduced by the amount of the deductible. Moreover, the Limits of Insurance shown in the Schedule above is included within, and not in addition to, the applicable Each Pollution Condition and Aggregate Limit shown in the Declarations. 1. In consideration of the premium paid, Exclusion K, Non Owned Disposal Site is hereby deleted. 2. Solely for the purposes of this endorsement, CONTRACTORS POLLUTION LIABILITY COVERAGE FORM, SECTION I — COVERAGES, Item 1. Insuring Agreement is deleted in its entirety and replaced by the following: SECTION I - COVERAGES CONTRACTORS POLLUTION LIABILITY 1. Insuring Agreement A. We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit' seeking those damages. However, we will have no duty to defend the insured against any "suit' seeking damages for "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any "claim" or "suit' that may result. But: (1) The amount we will pay for damages and "claim expenses" is limited as described in Section III — Limits Of Insurance and Deductible: and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or "claim expenses". No other obligation or liability to pay sums or perform acts or services is covered. B. This insurance applies to "property damage" only if: (1) The "property damage" is caused by a "site pollution condition" that emanates from and migrates beyond the boundaries of a "non owned disposal site": (a) As a result of the disposal of any material or waste generated from a job site where the insured is performing or has performed "your work"; and (b) If the material or waste is generated by "your work"; and (c) If such "non owned disposal site" is currently permitted and/or licensed by an applicable federal, state, provincial, or municipal authority as a treatment, storage, or disposal facility at the time the material or waste is delivered or transferred to the "non owned disposal site"; and (d) If such "non owned disposal site" is not listed on a proposed or final federal National Priorities List or Superfund database, or any state, provincial and/or municipal equivalent of the National Priorities List or Superfund database, GO 2244 — 4YN 10-17 Includes Copyrighted Material of Insurance Services Office, Inc. with its permission Page 1 of 3 at or prior to the time the material or waste is transferred to the "non owned disposal site' for treatment, storage or disposal; and (e) If such "non owned disposal site' is not: 1. owned, rented, or occupied by an insured; 2. sold, given away or abandoned by an insured; or 3. loaned to an insured; and (2) The "property damage" is caused by a "site pollution condition" that first commences on or after the Retroactive Date shown in the Schedule above; and (3) A "claim" for damages because of the "property damage' is first made against any insured, in accordance with Paragraph C. below, during the policy period or any Extended Reporting Period we provide as applicable to this endorsement. C. A claim" by a person or organization seeking damages will be deemed to have been made at the earlier of the following times: (1) When notice of such "claim" is received and recorded by any "insured" or by us; or (2) When we make settlement in accordance with Paragraph 1.A. above. 3. Solely for the purposes of this endorsement, the following Extended Reporting Period provisions are added: 1. This section applies only if: A. This Coverage Part is canceled or not renewed for any reason except non-payment of the premium, or any Deductible Amount, payable to us; or B. We renew or replace this Coverage Part with other Site Specific Pollution Liability insurance that: (1) Has a Retroactive Date later than the date shown in the Declarations of this endorsement; or (2) Does not apply on a claims made basis to "property damage' resulting from a "site pollution condition". 2. The Extended Reporting Period does not extend the policy period or change the scope of coverage provided. The Extended Reporting Period applies to a "claim" for "property damage' only if: A. The "property damage' results from a "site pollution condition" that emanates from a "non owned disposal site' and is scheduled as a "covered site', and B. The "property damage' is caused by a "site pollution condition" that first commences on or after the Retroactive Date identified in the Declarations, and before the end of the policy period. 3. The Basic Extended Reporting Period is automatically provided without additional charge. This period starts with the end of the policy period and lasts for: A. One year with respect to "claims": (1) Because of "property damage' resulting from a "site pollution condition" that emanates from a "non owned disposal site', and (2) If that "site pollution condition" is reported to and received by us not later than 60 days after the end of the policy period. B. Sixty days with respect to "claims" resulting from a "site pollution condition" that emanates from a "non owned disposal site' and not previously reported to and received by us. The Basic Extended Reporting Period does not apply to "claims" that are covered under any subsequent insurance you purchase, or that would be covered but for exhaustion of the amount of insurance applicable to such "claims". 4. Neither the Basic Extended Reporting Period northe Supplemental Extended Reporting Period reinstates or increases the Limits of Insurance. GO 2244 — 4YN 10-17 Includes Copyrighted Material of Insurance Services Office, Inc. with its permission Page 2 of 3 5. A Supplemental Extended Reporting Period of twelve (12), twenty-four (24) or thirty-six (36), months duration is available, but only by an endorsement and for an extra charge This supplemental period starts when the Basic Extended Reporting Period, set forth in Paragraph 3. above, ends. We must receive from you, a written request for the endorsement, and the applicable additional premium within 60 days after the end of the policy period. We will determine the additional premium in accordance with our rules and rates. In doing so, we may take into account the following: A. The exposuresinsured; B. Previous types and amounts of insurance; C. Limits of Insurance available underthis Coverage forfuture payment of damages; and D. Other related factors. Subject to a minimum premium, the additional premium for any Supplemental Extended Reporting Period shown below will not exceed the percentage shown next to it of the annual premium for this Coverage. Supplemental Extended Percentage of Reportinq Period Annual Premium 12 months 100% 24 months 150% 36 months 200% This endorsement shall set forth the terms, not inconsistent with this Section, applicable to the Supplemental Extended Reporting Period, including a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and collectible insurance available under policies in force after the Supplemental Extended Reporting Period starts. 4. Solely for the purposes of this endorsement, CONTRACTORS POLLUTION LIABILITY COVERAGE FORM, SECTION VI - DEFINITIONS is amended to include the following additional DEFINITIONS: 28. "Non Owned Disposal Site" means a facility or site that is used for treatment, transfer, landfill, storage or disposal of any "pollutants" which is not owned, operated, leased or maintained by the named insured or affiliated entity. 29. "Site pollution condition" means the discharge, dispersal, seepage, migration, release or escape of "pollutants" from a "Non Owned Disposal Site" that is scheduled as a "covered site". In the event of related "site pollution conditions", or the continuation, progression, change or resumption of the same or related "site pollution conditions" over any period of time, such "site pollution conditions" shall be deemed to be one "site pollution condition". GO 2244 — 4YN 10-17 Includes Copyrighted Material of Insurance Services Office, Inc. with its permission Page 3 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - EXTERIOR INSULATION AND FINISH SYSTEMS This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART A. The following exclusion is added to SECTION I — COVERAGES, CONTRACTOR'S POLLUTION LIABILITY, 2. Exclusions: This insurance does not apply to "bodily injury" or "property damage" arising out of, caused by, or attributable to, whether in whole or in part, the following: 1. The design, manufacture, construction, fabrication, preparation, distribution and sale, installation, application, maintenance or repair, including remodeling, service, correction or replacement, of any "exterior insulation and finish system" or any part thereof, or any substantially similar system or any part thereof, including the application or use of conditioners, primers, accessories, flashings, coatings, caulking, or sealants in connection with such a system; or 2. "Your product" or "your work" with respect to any exterior component, fixture or feature of any structure if an "exterior insulation and finish system", or any substantially similar system, is used on the part of that structure containing that component, fixture or feature. This exclusion applies to all work performed by you or on your behalf. B. The following definition is added to the Definitions Section: "Exterior insulation and finish system" means a non - load bearing exterior cladding or finish system, and all component parts therein, used on any part of any structure, and consisting of: 1. A rigid or semi -rigid insulation board made of expanded polystyrene and other materials; 2. The adhesive and/or mechanical fasteners used to attach the insulation board to the substrate; 3. A reinforced or unreinforced basecoat; 4. A finish coat providing surface texture to which color may be added; and 5. Any flashing, caulking or sealant used with the system for any purpose. GO 2205 — 5NE 10-17 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY/NON-CONTRIBUTORY COVERAGE This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART PRIMARY/NON-CONTRIBUTORY — If required by written contract or agreement, effected prior to the date your operations for that person or organization commenced and named below, such insurance as is afforded by this policy to any additional insureds under this policy shall be primary insurance, and any insurance or self-insurance maintained by such additional insured(s) shall not contribute to the insurance afforded to the named insured. All other terms and conditions remain unchanged. SCHEDULE Any person or organization that is: 1. An owner of real or personal property on which you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker; or 2. A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. 000216-4YP 10-17 Includes Copyrighted Material of Insurance Services Office, Page 1 of Inc. with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDED WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that is: 1. An owner of real or personal property on which you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker; or 2. A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. WAIVER OF SUBROGATION — If required by written contract or agreement, we waive any right of recovery we may have against any entity that is an additional insured shown in the Schedule above per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" performed under a contract with that person or organization. All other terms and conditions remain unchanged. GO 0218 — 4YA 10-17 Includes Copyrighted Material of Insurance Services Office, Inc. Page 1 of 1 with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, effected prior to the date your operations for that person or organization commenced, that such person or organization be added as an additional insured on your policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule above, but only with respect to liability caused, in whole or in part, by your operations performed for the additional insured(s), or premises owned by or rented to you. GO 2212 — 4YA 10-17 Includes copyrighted material of Insurance Services Office, Inc. 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On public works projects, the hourly rate must be not less than the prevailing rate of wage minus the hourly rate of the cost of fringe benefits actually provided for the worker. 1. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. C. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. D. The first two (2) hours before or after a five-eight (8) hour workweek day or a four-ten (10) hour workweek day and the first eight (8) hours worked the next day after either workweek shall be paid at one and one-half times the hourly rate of wage. All additional hours worked and all worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. F. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. G. The first ten (10) hours worked on Saturdays and the first ten (10) hours worked on a fifth calendar weekday in a four- ten hour schedule, shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten (10) hours per day Monday through Saturday and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. H. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions or equipment breakdown) shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. I. All hours worked on Sundays and holidays shall also be paid at double the hourly rate of wage. J. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over ten (10) hours Monday through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. K. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. M. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. N. All hours worked on Saturdays (except makeup days) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. Benefit Code Key – Effective 9/1/2021 thru 3/2/2022 2 of 14 Overtime Codes Continued 1. O. The first ten (10) hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays, holidays and after twelve (12) hours, Monday through Friday and after ten (10) hours on Saturday shall be paid at double the hourly rate of wage. P. All hours worked on Saturdays (except makeup days if circumstances warrant) and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. Q. The first two (2) hours after eight (8) regular hours Monday through Friday and up to ten (10) hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten (10) hours per day Monday through Saturday and all hours worked on Sundays and holidays (except Christmas day) shall be paid at double the hourly rate of wage. All hours worked on Christmas day shall be paid at two and one-half times the hourly rate of wage. R. All hours worked on Sundays and holidays shall be paid at two times the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays (except Labor Day) shall be paid at two times the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. V. All hours worked on Sundays and holidays (except Thanksgiving Day and Christmas day) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Thanksgiving Day and Christmas day shall be paid at double the hourly rate of wage. W. All hours worked on Saturdays and Sundays (except make-up days due to conditions beyond the control of the employer)) shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. X. The first four (4) hours after eight (8) regular hours Monday through Friday and the first twelve (12) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over twelve (12) hours Monday through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. When holiday falls on Saturday or Sunday, the day before Saturday, Friday, and the day after Sunday, Monday, shall be considered the holiday and all work performed shall be paid at double the hourly rate of wage. Y. All hours worked outside the hours of 5:00 am and 5:00 pm (or such other hours as may be agreed upon by any employer and the employee) and all hours worked in excess of eight (8) hours per day (10 hours per day for a 4 x 10 workweek) and on Saturdays and holidays (except labor day) shall be paid at one and one-half times the hourly rate of wage. (except for employees who are absent from work without prior approval on a scheduled workday during the workweek shall be paid at the straight-time rate until they have worked 8 hours in a day (10 in a 4 x 10 workweek) or 40 hours during that workweek.) All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and Labor Day shall be paid at double the hourly rate of wage. Z. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid the straight time rate of pay in addition to holiday pay. Benefit Code Key – Effective 9/1/2021 thru 3/2/2022 3 of 14 Overtime Codes Continued 2. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. F. The first eight (8) hours worked on holidays shall be paid at the straight hourly rate of wage in addition to the holiday pay. All hours worked in excess of eight (8) hours on holidays shall be paid at double the hourly rate of wage. M. This code appears to be missing. All hours worked on Saturdays, Sundays and holidays shall be paid at double the hourly rate of wage. O. All hours worked on Sundays and holidays shall be paid at one and one-half times the hourly rate of wage. R. All hours worked on Sundays and holidays and all hours worked over sixty (60) in one week shall be paid at double the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked over 12 hours in a day or on Sundays and holidays shall be paid at double the hourly rate of wage. 3. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. F. All hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on paid holidays shall be paid at two and one-half times the hourly rate of wage including holiday pay. H. All work performed on Sundays between March 16th and October 14th and all Holidays shall be compensated for at two (2) times the regular rate of pay. Work performed on Sundays between October 15th and March 15th shall be compensated at one and one half (1-1/2) times the regular rate of pay. J. All hours worked between the hours of 10:00 pm and 5:00 am, Monday through Friday, and all hours worked on Saturdays shall be paid at a one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. K. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal 5 am to 6pm shift, and all work on Saturdays shall be paid at one and one-half times the hourly rate of wage. All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays, and all hours worked in excess of twelve (12) hours in a single shift shall be paid at double the hourly rate of wage. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. When an employee returns to work without at least eight (8) hours time off since their previous shift, all such time shall be a continuation of shift and paid at the applicable overtime rate until he/she shall have the eight (8) hours rest period. 4. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at double the hourly rate of wage. All hours worked on Saturdays, Sundays and holidays shall be paid at double the hourly rate of wage. Benefit Code Key – Effective 9/1/2021 thru 3/2/2022 4 of 14 Overtime Codes Continued 4. C. On Monday through Friday, the first four (4) hours of overtime after eight (8) hours of straight time work shall be paid at one and one half (1-1/2) times the straight time rate of pay, unless a four (4) day ten (10) hour workweek has been established. On a four (4) day ten (10) hour workweek scheduled Monday through Thursday, or Tuesday through Friday, the first two (2) hours of overtime after ten (10) hours of straight time work shall be paid at one and one half (1-1/2) times the straight time rate of pay. On Saturday, the first twelve (12) hours of work shall be paid at one and one half (1-1/2) times the straight time rate of pay, except that if the job is down on Monday through Friday due to weather conditions or other conditions outside the control of the employer, the first ten (10) hours on Saturday may be worked at the straight time rate of pay. All hours worked over twelve (12) hours in a day and all hours worked on Sunday and Holidays shall be paid at two (2) times the straight time rate of pay. D. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at double the hourly rate of wage. All hours worked on Saturday, Sundays and holidays shall be paid at double the hourly rate of pay. Rates include all members of the assigned crew. EXCEPTION: On all multipole structures and steel transmission lines, switching stations, regulating, capacitor stations, generating plants, industrial plants, associated installations and substations, except those substations whose primary function is to feed a distribution system, will be paid overtime under the following rates: The first two (2) hours after eight (8) regular hours Monday through Friday of overtime on a regular workday, shall be paid at one and one-half times the hourly rate of wage. All hours in excess of ten (10) hours will be at two (2) times the hourly rate of wage. The first eight (8) hours worked on Saturday will be paid at one and one-half (1-1/2) times the hourly rate of wage. All hours worked in excess of eight (8) hours on Saturday, and all hours worked on Sundays and holidays will be at the double the hourly rate of wage. All overtime eligible hours performed on the above described work that is energized, shall be paid at the double the hourly rate of wage. E. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four-day, ten-hour weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours worked after ten shall be paid at double the hourly rate of wage. The Monday or Friday not utilized in the normal four- day, ten hour work week, and Saturday shall be paid at one and one half (1½) times the regular shift rate for the first eight (8) hours. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. G. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. I. The First eight (8) hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of eight (8) per day on Saturdays shall be paid at double the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. Benefit Code Key – Effective 9/1/2021 thru 3/2/2022 5 of 14 Overtime Codes Continued 4. J. The first eight (8) hours worked on a Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of eight (8) hours on a Saturday shall be paid at double the hourly rate of wage. All hours worked over twelve (12) in a day, and all hours worked on Sundays and Holidays shall be paid at double the hourly rate of wage. K. All hours worked on a Saturday shall be paid at one and one-half times the hourly rate of wage, so long as Saturday is the sixth consecutive day worked. All hours worked over twelve (12) in a day Monday through Saturday, and all hours worked on Sundays and Holidays shall be paid at double the hourly rate of wage. L. The first twelve (12) hours worked on a Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on a Saturday in excess of twelve (12) hours shall be paid at double the hourly rate of pay. All hours worked over twelve (12) in a day Monday through Friday, and all hours worked on Sundays shall be paid at double the hourly rate of wage. All hours worked on a holiday shall be paid at one and one-half times the hourly rate of wage, except that all hours worked on Labor Day shall be paid at double the hourly rate of pay. U. The first four (4) hours after eight (8) regular hours Monday through Friday and the first twelve (12) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. (Except on makeup days if work is lost due to inclement weather, then the first eight (8) hours on Saturday may be paid the regular rate.) All hours worked over twelve (12) hours Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. V. Work performed in excess of ten (10) hours of straight time per day when four ten (10) hour shifts are established or outside the normal shift (5 am to 6pm), and all work on Saturdays, except for make-up days shall be paid at time and one-half (1 ½) the straight time rate. In the event the job is down due to weather conditions, then Saturday may, be worked as a voluntary make-up day at the straight time rate. However, Saturday shall not be utilized as a make-up day when a holiday falls on Friday. All work performed on Sundays and holidays and work in excess of twelve (12) hours per day shall be paid at double (2x) the straight time rate of pay. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight (8) hours. When an employee returns to work without a break of eight (8) hours since their previous shift, all such time shall be a continuation of shift and paid at the applicable overtime rate until such time as the employee has had a break of eight (8) hours. W. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. When an employee returns to work without at least eight (8) hours time off since their previous shift, all such time shall be a continuation of shift and paid at the applicable overtime rate until such time as the employee has had a break of eight (8) hours. Benefit Code Key – Effective 9/1/2021 thru 3/2/2022 6 of 14 Overtime Codes Continued 4. X. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. Work performed outside the normal shift of 6 am to 6pm shall be paid at one and one-half the straight time rate, (except for special shifts or three shift operations). All work performed on Sundays and holidays shall be paid at double the hourly rate of wage. Shifts may be established when considered necessary by the Employer. The Employer may establish shifts consisting of eight (8) or ten (10) hours of work (subject to WAC 296-127-022), that shall constitute a normal forty (40) hour work week. The Employer can change from a 5-eight to a 4-ten hour schedule or back to the other. All hours of work on these shifts shall be paid for at the straight time hourly rate. Work performed in excess of eight hours (or ten hours per day (subject to WAC 296-127-022) shall be paid at one and one- half the straight time rate. When due to conditions beyond the control of the Employer, or when contract specifications require that work can only be performed outside the regular day shift, then by mutual agreement a special shift may be worked at the straight time rate, eight (8) hours work for eight (8) hours pay. The starting time shall be arranged to fit such conditions of work. When an employee returns to work without at a break of eight (8) hours since their previous shift, all such time shall be a continuation of shift and paid at the applicable overtime rate until such time as the employee has had a break of eight (8) hours. Y. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at time and one-half the straight time rate. All work performed after 6:00 pm Saturday to 6:00 am Monday and holidays shall be paid at double the straight time rate of pay. Any shift starting between the hours of 6:00 pm and midnight shall receive an additional one dollar ($1.00) per hour for all hours worked that shift. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. Z. All hours worked between the hours of 6:00 pm and 6:00 am, Monday through Saturday, shall be paid at a premium rate of 20% over the hourly rate of wage. Work performed on Sundays may be paid at double time. All hours worked on holidays shall be paid at double the hourly rate of wage. 11. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. B After an employee has worked eight (8) hours, all additional hours worked shall be paid at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. C The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours worked, except Labor Day, and all hours on Sunday shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. All non-overtime and non-holiday hours worked between 4:00 pm and 5:00 am, Monday through Friday, shall be paid at a premium rate of 15% over the hourly rate of wage. Benefit Code Key – Effective 9/1/2021 thru 3/2/2022 7 of 14 D. All hours worked on Saturdays and holidays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays shall be paid at double the hourly rate of wage. After an employee has worked eight (8) hours, all additional hours worked shall be paid at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. E. The first two (2) hours after eight (8) regular hours Monday through Friday, the first ten (10) hours on Saturday, and the first ten (10) hours worked on Holidays shall be paid at one and one-half times the hourly rate of wage. All hours worked over ten (10) hours Monday through Saturday, and Sundays shall be paid at double the hourly rate of wage. After an employee has worked eight (8) hours, all additional hours worked shall be paid at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. Holiday Codes 5. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas Day (7). B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, the day before Christmas, and Christmas Day (8). C. Holidays: New Year's Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). D. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). H. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Day after Thanksgiving Day, And Christmas (6). I. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). J. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve Day, And Christmas Day (7). K. Holidays: New Year’s Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9). L. Holidays: New Year’s Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day (8). N. Holidays: New Year's Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, The Friday After Thanksgiving Day, And Christmas Day (9). P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday And Saturday After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9). If A Holiday Falls On Sunday, The Following Monday Shall Be Considered As A Holiday. Q. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). Benefit Code Key – Effective 9/1/2021 thru 3/2/2022 8 of 14 Holiday Codes Continued R. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day, One-Half Day Before Christmas Day, And Christmas Day. (7 1/2). S. Paid Holidays: New Year's Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, And Christmas Day (7). Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). 6. G. Paid Holidays: New Year's Day, Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and Christmas Eve Day (11). H. Paid Holidays: New Year's Day, New Year’s Eve Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, Christmas Day, The Day After Christmas, And A Floating Holiday (10). T. Paid Holidays: New Year's Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The Last Working Day Before Christmas Day, And Christmas Day (9). Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day (7). If a holiday falls on Saturday, the preceding Friday shall be considered as the holiday. If a holiday falls on Sunday, the following Monday shall be considered as the holiday. 7. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). Any Holiday Which Falls On A Sunday Shall Be Observed As A Holiday On The Following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. C. Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the followingMonday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. D. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Unpaid Holidays: President’s Day. Any paid holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any paid holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. E. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. Benefit Code Key – Effective 9/1/2021 thru 3/2/2022 9 of 14 Holiday Codes Continued 7. F. Holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the last working day before Christmas day and Christmas day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. G. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. H. Holidays: New Year's Day, Martin Luther King Jr. Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. I. Holidays: New Year's Day, President’s Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The Day Before Christmas Day And Christmas Day (9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. J. Holidays: New Year's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day and Christmas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. K. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holidaywhich falls on a Saturday shall be observed as a holiday on the preceding Friday. L. Holidays: New Year's Day, Memorial Day, Labor Day, Independence Day, Thanksgiving Day, the Last Work Day before Christmas Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. N. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. When Christmas falls on a Saturday, the preceding Friday shall be observed as a holiday. P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Q. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. S. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Day, the Day after Christmas, and A Floating Holiday (9). If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. V. Holidays: New Year's Day, President’s Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, the day before or after Christmas, and the day before or after New Year’s Day. If any of the above listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. Benefit Code Key – Effective 9/1/2021 thru 3/2/2022 10 of 14 Holiday Codes Continued 7.W. Holidays: New Year's Day, Day After New Year’s, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Eve Day, Christmas Day, the day after Christmas, the day before New Year’s Day, and a Floating Holiday. X. Holidays: New Year's Day, Day before or after New Year’s Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and the day before or after Christmas day. If a holiday falls on a Saturday or on a Friday that is the normal day off, then the holiday will be taken on the last normal workday. If the holiday falls on a Monday that is the normal day off or on a Sunday, then the holiday will be taken on the next normal workday. Y. Holidays: New Year's Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day. (8) If the holiday falls on a Sunday, then the day observed by the federal government shall be considered a holiday and compensated accordingly. G. New Year's Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, the last scheduled workday before Christmas, and Christmas Day (9). If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. H. Holidays: New Year's Day, Martin Luther King Jr. Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. I. Holidays: New Year's Day, President’s Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The Day Before Christmas Day And Christmas Day (9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. J. Holidays: New Year's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day and Christmas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. K. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. L. Holidays: New Year's Day, Memorial Day, Labor Day, Independence Day, Thanksgiving Day, the Last Work Day before Christmas Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. N. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. When Christmas falls on a Saturday, the preceding Friday shall be observed as a holiday. P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Benefit Code Key – Effective 9/1/2021 thru 3/2/2022 11 of 14 Holiday Codes Continued 7. Q. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. S. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Day, the Day after Christmas, and A Floating Holiday (9). If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. V. Holidays: New Year's Day, President’s Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, the day before or after Christmas, and the day before or after New Year’s Day. If any of the above listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. W. Holidays: New Year's Day, Day After New Year’s, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Eve Day, Christmas Day, the day after Christmas, the day before New Year’s Day, and a Floating Holiday. X. Holidays: New Year's Day, Day before or after New Year’s Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and the day before or after Christmas day. If a holiday falls on a Saturday or on a Friday that is the normal day off, then the holiday will be taken on the last normal workday. If the holiday falls on a Monday that is the normal day off or on a Sunday, then the holiday will be taken on the next normal workday. Y. Holidays: New Year's Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day. (8) If the holiday falls on a Sunday, then the day observed by the federal government shall be considered a holiday and compensated accordingly. 15. G. New Year's Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, the last scheduled workday before Christmas, and Christmas Day (9). If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. H. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve Day, and Christmas Day (8). When the following holidays fall on a Saturday (New Year’s Day, Independence Day, and Christmas Day) the preceding Friday will be considered as the holiday; should they fall on a Sunday, the following Monday shall be considered as the holiday. I. Holidays: New Year's Day, President’s Day, Memorial Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, the last regular workday before Christmas (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Benefit Code Key – Effective 9/1/2021 thru 3/2/2022 12 of 14 Note Codes 8. D. Workers working with supplied air on hazmat projects receive an additional $1.00 per hour. L. Workers on hazmat projects receive additional hourly premiums as follows -Level A: $0.75, Level B: $0.50, And Level C: $0.25. M. Workers on hazmat projects receive additional hourly premiums as follows: Levels A & B: $1.00, Levels C & D: $0.50. N. Workers on hazmat projects receive additional hourly premiums as follows -Level A: $1.00, Level B: $0.75, Level C: $0.50, And Level D: $0.25. S. Effective August 31, 2012 –A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. This classification is only effective on or after August 31, 2012. T. Effective August 31, 2012 – A Traffic Control Laborer performs the setup, maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. This classification is only effective on or after August 31, 2012. U. Workers on hazmat projects receive additional hourly premiums as follows – Class A Suit: $2.00, Class B Suit: $1.50, And Class C Suit: $1.00. Workers performing underground work receive an additional $0.40 per hour for any and all work performed underground, including operating, servicing and repairing of equipment. The premium for underground work shall be paid for the entire shift worked. Workers who work suspended by a rope or cable receive an additional $0.50 per hour. The premium for work suspended shall be paid for the entire shift worked. Workers who do “pioneer” work (break open a cut, build road, etc.) more than one hundred fifty (150) feet above grade elevation receive an additional $0.50 per hour. V. In addition to the hourly wage and fringe benefits, the following depth and enclosure premiums shall be paid. The premiums are to be calculated for the maximum depth and distance into an enclosure that a diver reaches in a day. The premiums are to be paid one time for the day and are not used in calculating overtime pay. Depth premiums apply to depths of fifty feet or more. Over 50' to 100' - $2.00 per foot for each foot over 50 feet. Over 101' to 150' - $3.00 per foot for each foot over 101 feet. Over 151' to 220' - $4.00 per foot for each foot over 220 feet. Over 221' - $5.00 per foot for each foot over 221 feet. Enclosure premiums apply when divers enter enclosures (such as pipes or tunnels) where there is no vertical ascent and is measured by the distance travelled from the entrance. 25’ to 300’ - $1.00 per foot from entrance. 300’ to 600’ - $1.50 per foot beginning at 300’. Over 600’ - $2.00 per foot beginning at 600’. W. Meter Installers work on single phase 120/240V self-contained residential meters. The Lineman/Groundmen rates would apply to meters not fitting this description. Benefit Code Key – Effective 9/1/2021 thru 3/2/2022 13 of 14 Note Codes Continued 8. X. Workers on hazmat projects receive additional hourly premiums as follows - Class A Suit: $2.00, Class B Suit: $1.50, Class C Suit: $1.00, and Class D Suit: $0.50. Special Shift Premium: Basic hourly rate plus $2.00 per hour. When due to conditions beyond the control of the Employer or when an owner (not acting as the contractor), a government agency or the contract specifications requires that work can only be performed outside the normal 5 am to 6pm shift, then the special shift premium will be applied to the basic hourly rate. When an employee works on a special shift, they shall be paid a special shift premium for each hour worked unless they are in OT or Double-time status. (For example, the special shift premium does not waive the overtime requirements for work performed on Saturday or Sunday.) Tide Work: When employees are called out between the hours of 6:00 p.m. and 6:00 a.m. to work on tide work (work located in the tide plane) all time worked shall be at one and one-half times the hourly rate of pay. Swinging Stage/Boatswains Chair: Employees working on a swinging state or boatswains chair or under conditions that require them to be tied off to allow their hands to be free shall receive seventy-five cents ($0.75) per hour above the classification rate. Z. Workers working with supplied air on hazmat projects receive an additional $1.00 per hour. Special Shift Premium: Basic hourly rate plus $2.00 per hour. When due to conditions beyond the control of the Employer or when an owner (not acting as a contractor), a government agency or the contract specifications require that more than (4) hours of a special shift can only be performed outside the normal 6 am to 6pm shift, then the special shift premium will be applied to the basic straight time for the entire shift. When an employee works on a special shift, they will be paid a special shift premium for each hour worked unless they are in overtime or double- time status. (For example, the special shift premium does not waive the overtime requirements for work performed on Saturday or Sunday.) 9. A. Workers working with supplied air on hazmat projects receive an additional $1.00 per hour. Special Shift Premium: Basic hourly rate plus $2.00 per hour. When due to conditions beyond the control of the Employer or when an owner (not acting as the contractor), a government agency or the contract specifications require that more than four (4) hours of a special shift can only be performed outside the normal 6 am to 6pm shift, then the special shift premium will be applied to the basic straight time for the entire shift. When an employee works on a special shift, they shall be paid a special shift premium for each hour worked unless they are in overtime or double- time status. (For example, the special shift premium does not waive the overtime requirements for work performed on Saturday or Sunday.) Certified Crane Operator Premium: Crane operators requiring certifications shall be paid $0.50 per hour above their classification rate. Boom Pay Premium: All cranes including tower shall be paid as follows based on boom length: (A) – 130’ to 199’ – $0.50 per hour over their classification rate. (B) – 200’ to 299’ – $0.80 per hour over their classification rate. (C) – 300’ and over – $1.00 per hour over their classification rate. Benefit Code Key – Effective 9/1/2021 thru 3/2/2022 14 of 14 Note Codes Continued 9. B. The highest pressure registered on the gauge for an accumulated time of more than fifteen (15) minutes during the shift shall be used in determining the scale paid. Tide Work: When employees are called out between the hours of 6:00 p.m. and 6:00 a.m. to work on tide work (work located in the tide plane) all time worked shall be at one and one-half times the hourly rate of pay. Swinging Stage/Boatswains Chair: Employees working on a swinging stage or boatswains chair or under conditions that require them to be tied off to allow their hands to be free shall receive seventy-five cents ($0.75) per hour above the classification rate. C. Tide Work: When employees are called out between the hours of 6:00 p.m. and 6:00 a.m. to work on tide work (work located in the tide plane) all time worked shall be at one and one-half times the hourly rate of pay. Swinging Stage/Boatswains Chair: Employees working on a swinging stage or boatswains chair or under conditions that require them to be tied off to allow their hands to be free shall receive seventy-five cents ($0.75) per hour above the classification rate. Effective August 31, 2012 –A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized. A Traffic Control Laborer performs the setup, maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. These classifications are only effective on or after August 31, 2012. D. Industrial Painter wages are required for painting within industrial facilities such as treatment plants, pipelines, towers, dams, bridges, power generation facilities and manufacturing facilities such as chemical plants, etc., or anywhere abrasive blasting is necessary to prepare surfaces, or hazardous materials encapsulation is required. E. Heavy Construction includes construction, repair, alteration or additions to the production, fabrication or manufacturing portions of industrial or manufacturing plants, hydroelectric or nuclear power plants and atomic reactor construction. Workers on hazmat projects receive additional hourly premiums as follows -Level A: $1.00, Level B: $0.75, Level C: $0.50, And Level D: $0.25. F. Industrial Painter wages are required for painting within industrial facilities such as treatment plants, pipelines, towers, dams, power generation facilities and manufacturing facilities such as chemical plants, etc., or anywhere abrasive blasting is necessary to prepare surfaces, or hazardous materials encapsulation is required.