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COI - Maria Aiken - Expires 2024-01-10DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D Page 1 of 3 IL 8103 03/13 DOC General Insurance Company of America COMMERCIAL INSURANCE DECLARATIONS Named Insured and Address: Policy Number: Policy Period: From: To: 12:01 A.M. Standard Time at the Named Insured’s Address Program Manager: Business Description: IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THE POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THE POLICY. SECTION I COMMERCIAL GENERAL LIABILITY COVERAGE PART: CLASSIFICATIONS: Refer to Section II of the Schedule below. INSURANCE FOR THE CLASSIFICATIONS DESCRIBED IN SECTION II OF THE SCHEDULE APPLIES ONLY FOR COVERAGES WHERE A LIMIT OF INSURANCE IS SHOWN. LIMITS OF INSURANCE: General Aggregate (Other than Products - Completed Operations) $ Products – Completed Operations Aggregate $ Each Occurrence $ Personal and Advertising Injury $ Professional Liability - Aggregate $ Professional Liability - Each Professional Incident $ Maria Aitken DBA Maria Aitken Tae Kwon Do 1090 San Miguel Street Gilroy, CA 95020 Sports and Fitness Insurance Purchasing Group Association P.O. Box 1967 Madison, MS 39130 LSF-9642159I 1/10/2023 1/10/2024 Martial Arts 2,000,000 2,000,000 1,000,000 1,000,000 2,000,000 1,000,000 DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D IL 8103 03/13 Page 2 of 3 Medical Expense, any one person $ Fire Damage, any one fire $ Employee Benefits Liability - Aggregate $ Employee Benefits Liability – Each Employee $ Hired and Non-Owned Auto Liability $ Certified Acts of Terrorism $ Abuse & Molestation - Aggregate $ Abuse & Molestation - Each Occurrence $ Tanning - Aggregate $ Tanning – Each Person or Organization $ Liquor Liability - Aggregate $ Liquor Liability – Each Common Cause $ Employee Dishonesty $ Employment Practices Liability - Aggregate $ Employment Practices Liability – Each Claim $ RETROACTIVE DATE OF APPLIES TO SECTION I OF THE EMPLOYMENT PRACTICES LIABILITY FORM. THIS INSURANCE DOES NOT APPLY TO ANY EMPLOYMENT PRACTICES WHICH OCCURRED BEFORE THE RETROACTIVE DATE. Total General Liability Premium $ See the attached Schedule of forms and endorsements that form a part of this policy. SCHEDULE SECTION I – DESCRIPTION OF PREMISES All premises you own, rent or occupy: 10,000 1,000,000 NOT INCLUDED NOT INCLUDED NOT INCLUDED INCLUDED 300,000 100,000 NOT INCLUDED NOT INCLUDED NOT INCLUDED NOT INCLUDED NOT INCLUDED 10,000 10,000 01/10/2014 $596.53 250 W 6th St, , Gilroy, CA, 95020 DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D IL 8103 03/13 Page 3 of 3 SECTION II – CLASSIFICATIONS Classification Code Basis Rate Premium Additional Exposure Premium $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Issued Date: Authorized Signature: Commercial General Liability Incl.596.53 0 12/22/2022 DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D IL 74 00 09/07 DOC FORMS SCHEDULE The following forms and endorsements form this policy: Form Number Title IL 81 03 03 13 COMMERCIAL INSURANCE DECLARATIONS IL 74 00 09 07 FORMS SCHEDULE CG 00 01 12 04 CGL COVERAGE FORM CG 00 67 03 05 EXCLUSION- VIOLATION OF STATUTES THAT GOVERN E-MAILS, FAX, PHONE CALLS OR OTHER METHODS OF SENDING MATERIAL OR INFORMATION CG 20 02 11 85 ADDITIONAL INSURED - CLUB MEMBERS CG 21 16 07 98 EXCLUSION - DESIGNATED PROFESSIONAL SERVICES CG 21 47 07 98 EMP. RELATED PRACTICES EXCLUSION CG 21 49 09 99 TOTAL POLLUTION EXCLUSION ENDORSEMENT CG 32 34 01 05 CALIFORNIA CHANGES CG 76 35 02 07 LIABILITY PLUS ENDORSEMENT CG 80 22 02 07 EMPLOYMENT PRACTICES LIABILITY INSURANCE CG 86 57 03 02 FUNGI OR BACTERIA EXCL CG 87 03 09 07 AMENDATORY ENDORSEMENT CG 87 05 09 07 UNATTENDED WATER HAZARD CG 87 06 09 07 EXCLUSION -ASBESTOS CG 87 07 09 07 LEAD EXCLUSION CG 87 08 09 07 ABUSE OR MOLESTATION EXCLUSION/SUBLIMIT C 47 97 11 09 POLICYHOLDER NOTICE - PROFESSIONAL LIABILITY CG 87 17 06 09 SPORTS AND FITNESS PROFESSIONAL LIABILITY COVERAGE FORM CG 87 18 06 09 SPORTS AND FITNESS PROFESSIONAL LIABILITY EXCLUSION CG 87 43 04 11 COVERAGE C — ATHLETICS ACTIVITIES EXCLUSION DELETION CG 87 47 05 11 EXCLUSION — TANNING DEVICES CG 87 46 05 11 EXCLUSION OF SPECIFIED COSMETIC SERVICES C 47 00 01 15 POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE CG 21 70 01 15 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM C 48 91 09 11 IMPORTANT POLICYHOLDER NOTICE CONCERNING REVISIONS TO YOUR RENEWA L POLICY CG 87 65 11 11 LIMITED CYBER LIABILITY DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D IL 74 00 09/07 DOC FORMS SCHEDULE The following forms and endorsements form this policy: Form Number Title IL 00 17 11 98 COMMON POLICY CONDITIONS IL 00 21 11 85 NUC ENERGY LIAB EXCL END (BROAD IL 02 70 11 04 CALIFORNIA CHANGES – CANCELLATION AND NONRENEWAL IL 72 01 03 92 COMPANY COMMON POLICY CONDITION C 49 68 01 20 LIBERTY MUTUAL GROUP CALIFORNIA PRIVACY NOTICE DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D COMMERCIAL GENERAL LIABILITY CG 00 01 12 04 CG 00 01 12 04 © ISO Properties, Inc., 2003 Page 1 of 14 DOC 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 insur- ance. 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 be- cause 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, investi- gate 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 "em- ployee" authorized by you to give or receive no- tice 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 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. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D Page 2 of 14 © ISO Properties, Inc., 2003 CG 00 01 12 04 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 reso- lution 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 unemploy- ment 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: (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 damag- es because of the injury. This exclusion does not apply to liability as- sumed by the insured under an "insured con- tract". f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened dis- charge, dispersal, seepage, migration, re- lease or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your poli- cy as an additional insured with re- spect to your ongoing operations per- formed for that additional insured at that premises, site or location and such premises, site or location is not DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D CG 00 01 12 04 © ISO Properties, Inc., 2003 Page 3 of 14 and never was owned or occupied by, or rented or loaned to, any in- sured, other than that additional in- sured; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the han- dling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time trans- ported, handled, stored, treated, dis- posed of, or processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or in- directly on any insured's behalf are per- forming operations if the "pollutants" are brought on or to the premises, site or lo- cation in connection with such opera- tions by such insured, contractor or sub- contractor. However, this subparagraph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or m e- chanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or re- lease of the fuels, lubricants or other operating fluids, or if such fuels, lub- ricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being per- formed by such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connec- tion with operations being performed by you or on your behalf by a con- tractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire". (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or in- directly on any insured's behalf are per- 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". (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. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D Page 4 of 14 © ISO Properties, Inc., 2003 CG 00 01 12 04 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 con- tract" 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 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 mil- itary 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; (3) Property loaned to you; (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 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 exclusion do not apply to liability assumed under a side- track 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. l. 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. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D CG 00 01 12 04 © ISO Properties, Inc., 2003 Page 5 of 14 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 expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replace- ment, 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. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporar- ily 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 be- comes legally obligated to pay as damages be- cause 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 ad- vertising injury" to which this insurance does not apply. We may, at our discretion, investi- gate 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 com- mitted in the "coverage territory" during the pol- icy 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 "Personal and advertising injury" arising out of oral or written publication 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 of material whose first publication took place before the beginning of the policy period. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D Page 6 of 14 © ISO Properties, Inc., 2003 CG 00 01 12 04 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 contract to use another's advertising idea in your "adver- tisement". 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. 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: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web- sites for others; or (3) An Internet search, access, content or ser- vice 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. l. 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 as- sessing 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 mil- itary 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. 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; DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D CG 00 01 12 04 © ISO Properties, Inc., 2003 Page 7 of 14 provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within one year of the date of the acci- dent; and (3) 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 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. 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 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 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 be- cause of accidents or traffic law violations aris- ing 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 lim- it 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 costs taxed against the insured in the "suit". 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 be- fore 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 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 agree- ment 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 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; DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D Page 8 of 14 © ISO Properties, Inc., 2003 CG 00 01 12 04 e. The indemnitee and the insured ask us to con- duct and control the defense of that indemnitee against such "suit" and agree that we can as- sign 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 de- mands, 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 (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 – Cov- erage A – Bodily Injury And Property Damage Lia- bility, 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: a. We have used up the applicable limit of insur- ance in the payment of judgments or settle- ments; or b. 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 liabil- ity company), to a co-"employee" while in the course of his or her employment or performing duties related to the con- duct of your business, or to your other "volunteer workers" while performing du- ties related to the conduct of your busi- ness; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in 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, DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D CG 00 01 12 04 © ISO Properties, Inc., 2003 Page 9 of 14 (b) Rented to, in the care, custody or control of, or over which physical control is be- ing 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). 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 tem- porary 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 representa- tive 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 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. 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 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 "per- sonal and advertising injury" sustained by any one person or organization. 5. Subject to 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 dam- age" arising out of any one "occurrence". 6. Subject to 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 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sus- tained 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 DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D Page 10 of 14 © ISO Properties, Inc., 2003 CG 00 01 12 04 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 (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 in- sured 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 b. below applies. If this insurance is primary, our obliga- tions are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method de- scribed in c. below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether prima- ry, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Build- er's Risk, Installation Risk or similar coverage for "your work"; (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "prop- erty damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (d) 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. (2) 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 addition- al insured by attachment of an endorse- ment. When this insurance is excess, we will have no duty under Coverages A or B to defend the in- sured 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. When this insurance is excess over other in- surance, 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 insur- ance 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. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D CG 00 01 12 04 © ISO Properties, Inc., 2003 Page 11 of 14 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 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 limit of insurance to the total applicable limits of in- surance 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 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 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 designed 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". 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 a. above; or DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D Page 12 of 14 © ISO Properties, Inc., 2003 CG 00 01 12 04 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 a. above; (2) 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; or (3) "Personal and advertising injury" offenses that take place through the Internet or sim i- 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 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 uncontrol- lable 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: a. The repair, replacement, adjustment or remov- al of "your product" or "your work"; or b. 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 rented 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; f. 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 dam- age" to a third person or organization. Tort lia- bility means a liability that would be imposed by law in the absence of any contract or agree- ment. 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 fail- ing 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. 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". DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D CG 00 01 12 04 © ISO Properties, Inc., 2003 Page 13 of 14 12. "Mobile equipment" means any of the following types of land vehicles, including any attached m a- 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 perm a- 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 a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently at- tached 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; 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 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 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 "au- tos". 13. "Occurrence" means an accident, including contin- uous 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 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. "Products-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. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D Page 14 of 14 © ISO Properties, Inc., 2003 CG 00 01 12 04 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- ment or abandoned or unused materials; or (3) Products or operations for which the classi- fication, listed in the Declarations or in a pol- icy 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 in- formation, facts or programs stored as or on, cre- ated or used on, or transmitted to or from comput- er 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. "Your 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 (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 in 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. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D COMMERCIAL GENERAL LIABILITY CG 00 67 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 00 67 03 05 © ISO Properties, Inc., 2004 Page 1 of 1 DOC EXCLUSION – VIOLATION OF STATUTES THAT GOVERN E-MAILS, FAX, PHONE CALLS OR OTHER METHODS OF SENDING MATERIAL OR INFORMATION 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: 2. Exclusions This insurance does not apply to: 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: a. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or b. The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or c. 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. B. The following exclusion is added to Paragraph 2., Exclusions of Section I – Coverage B – Per- sonal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: 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: a. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or b. The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or c. 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. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 02 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 DOC ADDITIONAL INSURED – CLUB MEMBERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. WHO IS AN INSURED (Section II) is amended to include as an insured any of your members, but only with re- spect to their liability for your activities or activities they perform on your behalf. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D COMMERCIAL GENERAL LIABILITY CG 21 16 07 98 POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 16 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 DOC EXCLUSION – DESIGNATED PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description Of Professional Services: 1. 2. 3. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect to any professional services shown in the Schedule, the following exclusion is added to Paragraph 2., Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability and Paragraph 2., Ex- clusions of Section I – Coverage B – Personal And Advertising Injury Liability: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" due to the rendering of or failure to render any professional service. Doctors and Nurses including Chiropractors and Acupuncturists DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D COMMERCIAL GENERAL LIABILITY CG 21 47 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 47 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 DOC 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 employ- ment; or (c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, hu- miliation 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 di- rected. 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 damag- es because of the injury. B. The following exclusion is added to Paragraph 2., Exclusions of Section I – Coverage B – Per- sonal 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 employ- ment; or (c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, hu- miliation or discrimination directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "per- sonal 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 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 damag- es because of the injury. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D COMMERCIAL GENERAL LIABILITY CG 21 49 09 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 49 09 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 DOC TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under Paragraph 2., Exclusions of Sec- tion I – Coverage A – Bodily Injury And Property Damage Liability is replaced by the following: This insurance does not apply to: f. Pollution (1) "Bodily injury" or "property damage" which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants" at any time. (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 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". DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D COMMERCIAL GENERAL LIABILITY CG 32 34 01 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 32 34 01 05 © ISO Properties, Inc., 2004 Page 1 of 1 DOC CALIFORNIA CHANGES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The term "spouse" is replaced by the following: Spouse or registered domestic partner under Califor- nia law. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services, 2001 Page 1 of 4 CG 76 35 2/07 DOC COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ADDITIONAL INSURED — BY WRITTEN CONTRACT, AGREEMENT OR PERMIT, OR SCHEDULE The following paragraph is added to WHO IS AN INSURED (Section II): 4. Any person or organization shown in the Schedule or for whom you are required by written contract, agreement or permit to provide insurance is an insured, subject to the following additional provisions: a. The contract, agreement or permit must be in effect during the policy period shown in the Declarations, and must have been executed prior to the “bodily injury”, “property damage”, or “personal and advertising injury”. b. The person or organization added as an insured by this endorsement is an insured only to the extent you are held liable due to: (1) The ownership, maintenance or use of that part of premises you own, rent, lease or occupy, subject to the following additional provisions: (a) This insurance does not apply to any “occurrence” which takes place after you cease to be a tenant in any premises leased to or rented to you; (b) This insurance does not apply to any structural alterations, new con- struction or demolition operations performed by or on behalf of the person or organization added as an insured; (2) Your ongoing operations for that insured, whether the work is performed by you or for you; (3) The maintenance, operation or use by you of equipment leased to you by such person or organization, subject to the following additional provisions: (a) This insurance does not apply to any “occurrence” which takes place after the equipment lease expires; LSF-9642159I City of Gilroy, 7351 Rosanna Street, , Gilroy, CA, 95020 DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D CG 76 35 2/07 Page 2 of 4 (b) This insurance does not apply to “bodily injury” or “property damage” arising out of the sole negligence of such person or organization; (4) Permits issued by any state or political subdivision with respect to operations performed by you or on your behalf, subject to the following additional provision: This insurance does not apply to “bodily injury”, “property damage”, or “personal and advertising injury” arising out of operations performed for the state or municipality. c. The insurance with respect to any architect, engineer, or surveyor added as an insured by this endorsement does not apply to “bodily injury”, “property damage”, or “personal and advertising injury” arising out of the rendering of or the failure to render any professional services by or for you, including: (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; and (2) Supervisory, inspection or engineering services. d. This insurance does not apply to “bodily injury” or “property damage” included within the “products-completed operations hazard”. A person’s or organization’s status as an insured under this endorsement ends when your operations for that insured are completed. No coverage will be provided if, in the absence of this endorsement, no liability would be imposed by law on you. Coverage shall be limited to the extent of your negligence or fault according to the applicable principles of comparative fault. NON-OWNED WATERCRAFT AND NON-OWNED AIRCRAFT LIABILITY Exclusion g. of COVERAGE A (Section I) is replaced by the following: g. “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 52 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 in the state 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”. (6) An aircraft you do not own provided it is not operated by any insured. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D CG 76 35 2/07 Page 3 of 4 TENANTS’ PROPERTY DAMAGE LIABILITY When a Damage To Premises Rented To You Limit is shown in the Declarations, Exclusion j. of Coverage A, Section I is replaced by the following: 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; (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. 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”. Paragraph 6. of LIMITS OF INSURANCE (Section III) is replaced by the following: 6. Subject to 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. The Damage To Premises Rented To You limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit. WHO IS AN INSURED — MANAGERS The following is added to Paragraph 2.a. of WHO IS AN INSURED (Section II): Paragraph (1) does not apply to executive officers, or to managers at the supervisory level or above. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B — BAIL BONDS — TIME OFF FROM WORK Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is replaced by the following: b. Up to $3,000 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. Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or “suit”, including actual loss of earnings up to $500 a day because of time off from work. EMPLOYEES AS INSUREDS — HEALTH CARE SERVICES Provision 2.a.(1)(d) of WHO IS AN INSURED (Section II) is deleted, unless excluded by separate endorsement. EXTENDED COVERAGE FOR NEWLY ACQUIRED ORGANIZATIONS Provision 3.a. of WHO IS AN INSURED (Section II) is replaced by the following: a. Coverage under this provision is afforded only until the end of the policy period. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D CG 76 35 2/07 Page 4 of 4 EXTENDED “PROPERTY DAMAGE” Exclusion a. of COVERAGE A (Section I) is replaced by the following: a. “Bodily injury” or “property damage” expected or intended from the standpoint of the insured. This exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect persons or property. EXTENDED DEFINITION OF BODILY INJURY Paragraph 3. of DEFINITIONS (Section V) is replaced by the following: 3. “Bodily injury” means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. TRANSFER OF RIGHTS OF RECOVERY The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against any person or organization 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 a person or organization for whom you are required by written contract, agreement or permit to waive these rights of recovery. AGGREGATE LIMITS OF INSURANCE — PER LOCATION For all sums which the insured becomes legally obligated to pay as damages caused by “occurrences” under COVERAGE A (Section I), and for all medical expenses caused by accidents under COVERAGE C (Section I), which can be attributed only to operations at a single “location”: Paragraphs 2.a. and 2.b. of Limits of Insurance (Section III) apply separately to each of your “locations” owned by or rented to you. “Location” means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway, or right-of-way of a railroad. INCREASED MEDICAL EXPENSE LIMIT The Medical Expense Limit is amended to $10,000. KNOWLEDGE OF OCCURRENCE The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): Knowledge of an “occurrence”, claim or “suit” by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS The following is added to Paragraph 6. Representations of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. LIBERALIZATION CLAUSE The following paragraph is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): 10. If a revision to this Coverage Part, which would provide more coverage with no additional premium, becomes effective during the policy period in the state shown in the Declarations, your policy will automatically provide this additional coverage on the effective date of the revision. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D EMPLOYMENT PRACTICES LIABILITY INSURANCE THIS POLICY PROVIDES CLAIMS-MADE AND REPORTED COVERAGE.DEFENSE COSTS APPLY AGAINST THE LIMITS OF INSURANCE AND ARE SUBJECT TO THE DEDUCTIBLE. PLEASE READ THE ENTIRE FORM CAREFULLY. PLEASE READ THIS POLICY CAREFULLY TO DETERMINE RIGHTS,DUTIES,COVERAGE AND COVERAGE RESTRICTIONS.WE HAVE ISSUED THIS POLICY BASED UPON YOUR APPLICATION FOR THIS INSURANCE.THE APPLICATION IS A REPRESENTATION OF THE CORRECTNESS OF THE INFORMATION BASED UPON WHICH WE HAVE ISSUED THIS POLICY. WE HAVE NO DUTY TO PROVIDE COVERAGE UNLESS THERE HAS BEEN FULL COMPLIANCE WITH ALL THE CONDITIONS SECTION V OF THIS POLICY. CG 80 22 02 07 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 WHO IS AN INSURED (Section II). Other words and phrases that appear in quotation marks have special meaning.Refer to DEFINITIONS (Section VII). SECTION I COVERAGES EMPLOYMENT PRACTICES LIABILITY In consideration of the payment of premium and in reliance upon representations you made to us in applying for this insurance and subject to the limits of insurance shown in the declarations,and all the exclusions,terms and conditions of this policy,we agree with you as follows: 1.INSURING AGREEMENT a.We will pay on behalf of the insured for damages in excess of the deductible aris- ing out of any employment practices to which this insurance applies. We have no obligation under this insurance to make payments or perform acts or ser- vices except as provided for in this para- graph and in Item 2.below. b.This insurance applies to such damages only if: (1)The damages result from claims made by employees ,leased workers ,temporary workers ,former employees or applicants for employ- ment with you; (2)The employment practices take place in the coverage territory ; (3)Such employment practices occurred after the retroactive date,if any,shown in the declarations and before the end of the policy period;and (4)A claim is both: (a)First made against any insured,in accordance with paragraph c.be- low,during the policy period or any extended reporting period we pro- vide under Section VI EX- TENDED REPORTING PERIODS; and (b)Reported to us either (i)during the policy period or within thirty (30) days thereafter,or (ii)with respect to any claim first made during any extended reporting period we pro- vide under Section VI EX- TENDED REPORTING PERIODS, during such extended reporting pe- riod. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Copyright,Insurance Services Office,Inc.,2006 CG 80 22 02 07 Page 1 of 10 EP c.A claim 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 you or by us,which- ever comes first;or (2)When we make settlement in accor- dance with paragraph 2.a.below. d.All claims for damages based on or arising out of: (1)One employment practice ;or (2)An interrelated series of employment practices by one or more insureds shall be deemed to be one claim and to have been made at the time the first of those claims is made against any insured(s). Each payment we make for damages or defense expense reduces the amount of in- surance available,as provided under SECTION III LIMITS OF INSURANCE. 2.DEFENSE OF CLAIMS,ADMINISTRATIVE HEARINGS &SETTLEMENT AUTHORITY a.We have the right and duty to defend claims against the insured seeking damages to which this insurance applies and to pay for related defense expense . However,we have no duty to (i)defend claims against the insured seeking damages ,or (ii)pay for related defense expense ,when this insurance does not ap- ply.We may: (1)At our sole discretion,investigate any employment practice that may result in damages ;and (2)Settle any claim which may result, provided: (a)We have your written consent to settle;and (b)The settlement is within the appli- cable limit of insurance available. Our liability will be limited as described below if:(i)you refuse to consent to any settlement we recommend,and (ii)such recommended settlement is also acceptable to the claimant. When this happens,our liability under this policy for such claim shall not exceed the amount we would have paid for damages and defense expense if you had con- sented at the time of our recommendation. You shall thereafter negotiate and defend that claim at your own cost and without our involvement. b.Our right and duty to defend such claims end when we have used up the limit of in- surance available,as provided under SEC- TION III LIMITS OF INSURANCE.This applies both to claims pending at that time and those filed thereafter. c.When we control defense of a claim ,we pay associated defense expense and choose a counsel of our choice from the panel of attorneys we have selected to deal with employment practices claims .If you give us a specific written request at the time a claim is first made: (1)You may select one of our panel of em- ployment law attorneys;or (2)You may ask us to consider the ap- proval of a defense attorney of your choice that is not on our panel. We will use the panel attorney you selected in (1)above,or consider your request in (2) above,when we deem it appropriate to en- gage counsel for such claim .If by mutual agreement or court order the insured as- sumes control of such defense before the applicable limit of insurance is used up,we will reimburse the insured for reasonable defense expense ,subject to the following limitation.If we defend you under a reserva- tion of rights,both your and our counsel(s) will be required to maintain records pertinent to your defense expenses .These records will be used to determine the allocation of any defense expenses for which you may be solely responsible,including defense of an allegation not covered by this insurance. In any case,however,we only pay amounts in excess of the deductible and such pay- ments will reduce the limit of insurance available as provided under SECTION III LIMITS OF INSURANCE. d.Upon prior notice to us and our approval,the first named insured is authorized to act on behalf of all insureds with respect to the payment of damages in settlement of any administrative hearing or other non-judicial proceeding before the Federal Equal Em- ployment Opportunity Commission,or any similar federal,state or local body or com- mission.This authorization is limited to (i) damages covered by this policy,(ii) defense expenses under part d.of the definition of defense expenses and (iii) amounts not in excess of two times the Page 2 of 10 amount of the deductible stated in the dec- larations. 3.EXCLUSIONS This insurance does not apply to claims arising directly or indirectly from any: a.(1)Employment practices which were the subject of any demand,suit or other proceeding which was initiated against any insured;or (2)Facts and circumstances which would cause a reasonable person to believe a claim would be made and which were known to any insured, prior to the effective date of the earlier of (i) the first policy of this type that we issued to you of which this policy was an uninterrupted renewal of this type of coverage,or (ii)this policy. b.Breach of any express contract of employ- ment or any express obligation to make pay- ments in the event of termination of employment. c.Obligation to pay damages by reason of the assumption of liability in any 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. d.Of the following laws: (1)Any workers compensation,disability benefits or unemployment compen- sation law,or any similar law,provided however,this exclusion shall not apply to any claim based upon,arising from, or in consequence of any actual or al- leged retaliatory treatment of the claim- ant by the Insured on account of the claimant s exercise of rights pursuant to any such law; (2)Employees Retirement Income Security Act of 1974,Public Law 93-406, (E.R.I.S.A.)as now or hereafter amended,or any similar state or other governmental law.This includes fiduci- ary liability,liability arising out of the ad- ministration of any employee benefit plan and any other liability under any such laws; (3)The Fair Labor Standards Act,the Na- tional Labor Relations Act of 1938,the Worker Adjustment and Retraining Notification Act (Public Law 100-37991988),the Consolidated Om- nibus Budget Reconciliation Act of 1985,or the Occupational Safety and Health Act.This exclusion also applies to any rules or regulations promulgated under any of the foregoing and amend- ments thereto or any similar provisions of any federal,state or local law,and to that part of any damages awarded for the cost or replacement of any insur- ance benefits due or alleged to be due to any current or former employee . e.Oral or written publication of material,if such material: (1)Was published by or at the direction of the insured with knowledge of the ma- terial s falsity;or (2)Was first published before the retroac- tive date,if any,shown in the declara- tions. f.Dishonest,criminal or fraudulent acts of the insured or the willful failure by the insured or with the insured s consent to comply with any law or any governmental or administra- tive order or regulation relating to employ- ment practices.Willful means acting with intentional or reckless disregard for such employment related laws,orders or regu- lations. The enforcement of this exclusion against any insured under this policy shall not be imputed to any other insured. g.Bodily injury . h.Employment practices which occur when or after: (1)You file for or are placed in any bank- ruptcy,receivership,liquidation or reor- ganization proceeding;or (2)Any other business entity acquires an ownership interest in you which is greater than fifty percent. i.Costs of complying with physical modifica- tions to your premises or any changes to your usual business operations as mandated by the Americans with Disabilities Act of 1990 including any amendment thereto,or any similar federal,state or local law. j.Lockout,strike,picket line,related worker replacement(s)or other similar actions re- sulting from labor disputes or labor negoti- ations. CG 80 22 02 07 Page 3 of 10 EP 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 current or former members,your partners,and their spouses are also in- sureds,but only with respect to the conduct of your business. c.A limited liability company,you are an in- sured.Your current or former members are also insureds,but only with respect to the conduct of your business.Your current or former managers are insureds,but only with respect to their duties as your managers. d.An organization other than a partnership or joint venture,you are an insured.Your cur- rent or former directors are insureds,but only with respect to their duties as your di- rectors. 2.Each of the following is also an insured: a.Your current or former employees but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. b.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 policy. 3.Any heirs,executors,administrators,assignees or legal representatives of any individual insured above,in the event of the death,bankruptcy or incapacity of such insured,but only to the extent this insurance would have been available to such insured. 4.Any organization you newly acquire or form, other than a partnership or joint venture,and over which you maintain ownership or majority inter- est,will qualify as a named insured if there is no other similar insurance available to that organiza- tion.However: a.You must provide us notice of such acquisi- tion or formation within 30 days of the effec- tive date of your acquisition or formation; b.Coverage under this provision is afforded only until the 120th day after you acquire or form the organization or the end of the policy period,whichever is earlier; c.Coverage does not apply to any employment practices that occurred be- fore you acquired or formed the organization; and d.You must pay us any additional premium due as a condition precedent to the enforceability of this additional extension of coverage. This part 4 does not apply to any organization after it is shown in the declarations or added to this policy by endorsement. 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 amount of insurance stated as the policy aggregate limit is the most we will pay for the sum of: a.All damages for all claims arising out of any actual or alleged employment practices covered by this insurance;and b.All defense expense for all claims seek- ing damages payable under paragraph a. above. Each payment we make for such damages or defense expenses reduces the policy aggre- gate limit by the amount of the payment.The re- duced limit will then be the amount of insurance available for further defense expenses and damages under this policy. 2.Subject to 1.above,the amount of Insurance stated as the each claim limit of insurance is the most we will pay in excess of the deductible as further described in SECTION IV DEDUC- TIBLE for the sum of: a.All damages for injury arising from employment practices covered by this in- surance arising out of one claim ,whether such claim is brought by one or more claimants;and b.All defense expense associated with that specific claim in item 2.a.immediately preceding. 3.In addition to the payments for damages and defense expense in paragraphs 1.and 2. above,we will also pay 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 amount available for the judgment under the provisions of para- graphs 1.and 2.above. Page 4 of 10 These limits of insurance apply separately to each consecutive annual period and to any remaining pe- riod of less than 12 months,starting with the begin- ning 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. 4.Transfer Of Duties When Limit Of Insurance Is Used Up a.If we conclude that,based on claims which have been reported to us and to which this insurance may apply,the Aggregate or Each Claim limit of insurance is likely to be used up in the payment of judgments or settle- ments for damages or the payment of defense expenses ,we will notify the first Named Insured,in writing,to that effect. b.When the Aggregate or Each Claim limit of insurance has actually been used up in the payment of judgments or settlements for damages or the payment of defense expenses ,we will: (1)Notify the first Named Insured in writing, as soon as practible,that such a limit has actually been used up and that our duty to defend the insured against claims seeking damages subject to that limit has also ended; (2)Initiate,and cooperate in,the transfer of control,to any appropriate insured, of all claims for which the duty to de- fend has ended for the reason de- scribed in Paragraph b.(1)above and which are reported to us before that duty to defend ended;and (3)Take such steps,as we deem appropri- ate,to avoid a default in,or continue the defense of,such claims until such transfer is completed,provided the ap- propriate insured is cooperating in com- pleting such transfer. SECTION IV DEDUCTIBLE 1.A deductible applies to all damages for injury arising from employment practices and any defense expense however caused. 2.Our obligation under this employment practices liability insurance to pay damages and defense expense on behalf of any insured ap- plies only to the sum of the amount of damages and defense expense each claim which are in excess of the deductible amount stated in the declarations. 3.Your obligation is to pay that deductible which is applicable to each claim made against this in- surance.That deductible applies to the sum of all damages because of injury arising from employment practices paid for each claim and applicable defense expense associated therewith.If there should be no damages paid for a claim ,you are still obligated to pay the applicable deductible for any defense expense incurred by us in connection with that claim . 4.The terms of this insurance apply irrespective of the application of the deductible,including those with respect to: a.Our right and duty to defend any claims seeking those damages ;and b.Your duties in the event of a claim . 5.We may pay any part or all of the deductible to effect settlement of any claim and,upon notifi- cation of the action taken,you shall promptly re- imburse us for such part of the deductible as we may have paid for damages or defense expense . 6.The application of the deductible does not erode the limits of insurance provided. SECTION V CONDITIONS 1.Bankruptcy Subject to exclusion h.,the bank- ruptcy or insolvency of the insured or of the in- sured s estate will not relieve us of our obligations under this policy. 2.Cancellation a.The first named insured shown in the decla- rations may cancel this policy by mailing or delivering to us written advance notice of cancellation. b.We may cancel this policy by mailing or de- livering to the first named insured written notice of cancellation at least: (1)10 days before the effective date of cancellation if we cancel for nonpay- ment 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. CG 80 22 02 07 Page 5 of 10 EP d.Notice of cancellation will state the effective date of cancellation.The policy period will end on that date. e.If this policy is canceled,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 of- fered a refund. f.If notice is mailed,proof of mailing will be sufficient proof of notice. 3.Changes This policy contains all 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 poli- cy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. 4.Duties in Event of Employment Practices or Claims a.You must see to it that we are notified as soon as practicable of any specific employment practices which you believe may result in an actual claim .Your belief must be reasonably certain as the result of specific allegations made by a potential claimant or such potential claimant s repre- sentative,or as the result of specifically identifiable injury sustained by a potential claimant.To the extent possible,notice should include: (1)How,when and where such employment practices took place; (2)The names and addresses of any po- tential claimants and witnesses;and (3)The nature of any injury arising out of such employment practices . Notice of such employment practices is not notice of a claim ,but preserves any insured s rights to future coverage for sub- sequent claims arising out of such employment practices as described in the Basic Extended Reporting Period of Section VI EXTENDED REPORTING PERIODS. b.If a claim is received by any insured: (1)You must immediately record the spe- cifics of the claim and the date re- ceived; (2)You and any other involved insured must see to it that we receive written notice of the claim ,as soon as practicable,but in any event we must receive notice either: (a)During the policy period or within thirty (30)days thereafter;or (b)With respect to any claim first made during any extended reporting period we provide under Section VI EXTENDED REPORTING PERI- ODS,during such extended report- ing period, as a condition precedent for coverage under this insurance.Such notice must provide us with the same information as is required in item a.immediately pre- ceding;and (3)You and any other involved insured must: (a)Immediately send us copies of any demands,notices,summonses or legal papers received in connection with the claim ; (b)Authorize us to obtain records and other information; (c)Cooperate with us in the investi- gation,settlement or defense of the claim ;and (d)Assist us,upon our request,in the enforcement of any right against any person or organization which may be liable to the insured be- cause of injury or damage to which this insurance may also apply. c.No insureds will,except at their own cost, voluntarily make a payment,assume any obligation,or incur any expense without our consent,other than those specific payments authorized under Section I item 2.d.DE- FENSE OF CLAIMS,ADMINISTRATIVE HEARINGS &SETTLEMENT AUTHORITY. 5.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. 6.Inspections and Surveys We have the right but are not obligated to: a.Make inspections and surveys at any time; b.Give you reports on the employment condi- tions we find;and c.Recommend procedures,guidelines and changes. Any inspections,surveys,reports or recommen- dations relate only to insurability and the Page 6 of 10 premiums to be charged.We do not undertake to perform the duty of any person or organization to provide for the health or safety of,or lawful practices with your workers or the public.We do not warrant that conditions: (i)Are safe or healthful;or (ii)Comply with laws,regulations,codes or standards as they relate to the purpose of this or any other insurance. This condition applies not only to us,but also to any rating,advisory,rate service or similar organization which makes insurance in- spections,surveys,reports or recommenda- tions,on our behalf. 7.Legal Action Against Us No person or organi- zation has a right under this policy: a.To join us as a party or otherwise bring us into a claim seeking damages from any 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 judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this 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 represen- tative. 8.Other Insurance If other valid and collectible in- surance is available to the insured for damages or defense expense we cover under this Pol- icy,our obligations are limited as follows: a.As this insurance is primary insurance,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 b.below. b.If all of the other insurance permits contribu- tion by equal shares,we will follow this method also.Under this approach each in- surer 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 contrib- ute by limits.Under this method,each insur- er s share is based on the ratio of its applicable limit of insurance to the total ap- plicable limits of insurance of all insurers. 9.Payment of Premiums,Deductibles and Coinsurance Amounts a.We will compute all premiums for this insur- ance in accordance with our rules and rates; and b.The first named insured shown in the decla- rations is responsible for the payment of all premiums,deductibles and coinsurance payments due and will be the payee for any return premiums we pay. 10.Representations By accepting the policy,you agree: a.The statements in the declarations are ac- curate and complete; b.Those statements are based upon represen- tations you made to us in your application for this insurance.That application is incorpo- rated into this policy and forms the basis of our obligations under this policy;and c.Since we have issued this policy in reliance upon your representations,this policy is voidable if any material fact or circumstance relating to the subject of this insurance is omitted or misrepresented in your applica- tion. 11.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. 12.Sole Agent The first named insured is autho- rized to act on behalf of all insureds as respects the giving or receiving of notice of cancellation or nonrenewal,receiving premium refunds, requesting any supplemental extended reporting period and agreeing to any changes in this policy. 13.Transfer Of Rights Of Recovery Against Oth- ers 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 sue those responsible or transfer those rights to us and help us enforce them. 14.Transfer of Your Rights and Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent. CG 80 22 02 07 Page 7 of 10 EP 15.When We Do Not Renew If we decide not to renew this insurance,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 VI EXTENDED REPORTING PE- RIODS 1.We will provide extended reporting periods,as described below,if: a.This policy is canceled or not renewed;or b.We renew or replace this policy with insur- ance that: (1)Has a retroactive date later than the date shown in the declarations of this policy;or (2)Does not apply on a claims-made basis. 2.Extended reporting periods do not extend the policy period or change the scope of coverage provided.They apply only to claims as the re- sult of employment practices which occurred after the retroactive date,if any,shown in the declarations and before the end of the policy pe- riod.Once in effect,extended reporting periods may not be canceled. 3.Extended reporting periods do not reinstate or increase the limits of insurance. 4.A Basic Extended Reporting Period is automat- ically provided without additional charge.This period starts with the end of the policy period and lasts for: a.Five years with respect to claims arising out of employment practices which had been properly reported to us during the pol- icy period in accordance with paragraph 4.a. of Duties in the Event of Employment Practices or Claims ,in CONDITIONS (Section V);and b.Sixty days with respect to claims arising from employment practices not previously reported to 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. 5.A Supplemental Extended Reporting Period of thirty six (36)months but only by an endorse- ment and for an extra charge.This supplemental period starts when the Basic Extended Reporting Period,set forth in paragraph 4.b.above,ends. You must give us a written request for the en- dorsement within 60 days after the end of the policy period.The Supplemental Extended Re- porting Period will not go into effect unless you pay the additional premium when due.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 exposures insured; b.Previous types and amounts of insurance; c.Limits of insurance available under this pol- icy for future payment of damages ;and d.Other related factors. The additional premium will not exceed 200%of the annual premium for this Policy. 6.The Supplemental Extended Reporting Period endorsement we issue shall set forth the terms, not inconsistent with this section,applicable to the Supplemental Extended Reporting Period,in- cluding a provision to the effect that the insur- ance 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 begins. SECTION VII DEFINITIONS 1.Bodily injury means physical injury to the body,sickness or disease sustained by a person as the result of direct physical injury to the body, including death resulting from any of these at any time.Bodily injury does not include mental an- guish that results from an employment practice . 2.Claim means written or oral notice presented by: a.Any employee ,leased worker , temporary worker ,former employee or applicant for employment by you;or b.The EEOC or any other federal,state or local administrative or regulatory agency on behalf of such person in item a.immediately pre- ceding. that the insured is responsible for damages as a result of injury arising out of any employment practices . Claim includes any civil proceeding in which either damages are alleged or fact finding will take place,when either is the actual or alleged Page 8 of 10 result of any employment practice to which this insurance applies.This includes: (i)An arbitration proceeding in which such damages are claimed and to which the insured submits with our consent; (ii)Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent;or (iii)Any administrative proceedings estab- lished under applicable federal,state or local laws as may be applicable to employment practices covered under this insurance. 3.Coverage territory means: a.The United States of America (including its territories and possessions)and Puerto Rico; or b.Anywhere in the world with respect to the activities of a person whose place of em- ployment is in the territory described in a. above,while he or she is away for a short time on your business; provided that the insured s responsibility to pay damages is determined in a suit (or in any other type of civil proceeding as described under the definition of claim )on the merits in,and under the substantive law of,the United States of America (including its territories and pos- sessions)or Puerto Rico. 4.Damages means monetary amounts to which this insurance applies and which the insured is legally obligated to pay as judgments,awards and settlements to which we have agreed in writing.Damages include (i)prejudgment interest awarded against the insured on the part of the judgment we pay and (ii)to the extent allowed by law,any portion of a judgment or award that represents a multiple of the compen- satory amounts or punitive or exemplary dam- ages. Damages do not include: a.Civil,criminal,administrative or other fines or penalties; b.Equitable relief,injunctive relief,declarative relief or any other relief or recovery other than monetary amounts;or c.Judgments or awards because of acts deemed uninsurable by law. 5.Defense expense means payments allocated to a specific claim for its investigation,settle- ment,or defense,including: a.Attorney fees and all other litigation ex- penses. b.The cost of bonds to appeal a judgment or award in any claim we defend.We do not have to furnish these bonds. c.The cost of bonds to release attachments, but only for bond amounts within the amount of insurance available.We do not have to furnish these bonds. d.Reasonable expenses incurred by the in- sured at our request to assist us in the investigation or defense of any claim ,in- cluding actual loss of earnings up to $250 a day because of time off from work. e.Costs taxed against the insured in the claim . Defense expense does not include: i.Salaries and expenses of our employ- ees or your employees ,other than: (a)That portion of our employed attor- neys fees,salaries and expenses allocated to a specific claim for the defense of the insured;and (b)The expenses described in d. above;and ii.Interest on the full amount of any judg- ment that accrues after entry of the judgment and before we have paid,of- fered to pay,or deposited in court the amount available for the judgment under the provisions of SECTION III LIMITS OF INSURANCE. 6.Employee means a person (i)employed by you for wages or salary,or (ii)who is a current or former member of your board of directors.But employee does not include any independent contractor,any employees of any independent contractor while acting within the scope of their employment,any leased worker or any temporary worker . 7.Employment Practices means any of the fol- lowing practices (i)which are directed against any of your employees ,leased workers , temporary workers ,former employees or any applicant for employment by you,and (ii)for which remedy is sought under any federal,state, or local statutory or common civil employment law: a.Wrongful refusal to employ a qualified appli- cant for employment; CG 80 22 02 07 Page 9 of 10 EP b.Wrongful failure to promote a qualified employee ; c.Wrongful demotion,negligent evaluation, negligent reassignment or wrongful disci- pline; d.Wrongful termination of employment,includ- ing retaliatory or constructive discharge; e.Harassment,coercion,discrimination or hu- miliation as a consequence of race,color, creed,national origin,marital status,medical condition,gender,age,physical appearance, physical and/or mental impairments, pregnancy,sexual orientation or sexual pref- erence;or f.Oral or written publication of material that slanders,defames or libels an employee or violates or invades an employee s right of privacy. 8.Leased worker means a person leased to you by a labor leasing firm under an agreement be- tween you and the labor leasing firm,to perform duties related to the conduct of your business. Leased worker does not include a temporary worker . 9.Pre-judgment interest means interest added to a settlement,verdict,award or judgment based on the amount of time prior to the settlement, verdict,award or judgment,whether or not made part of the settlement,verdict,award or judg- ment. 10.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. Page 10 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 86 57 3/02 DOC COMMERCIAL GENERAL LIABILITY CG 86 57 03 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA 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: 2. Exclusions This insurance does not apply to: Fungi or Bacteria a. “Bodily injury” or “property damage” which would not have occurred, in whole or in part, but for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any “fungi” or bacteria, whether suddenly or over a long period of time, on or within a building or structure, including its contents. b. Any loss, cost or expenses 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, by any insured or by any other person or entity. This exclusion applies regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such injury or damage, loss, cost or expense. 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 exclusion is added to Paragraph 2., Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: Fungi or Bacteria a. “Personal and advertising injury” which would not have taken place, in whole or in part, but for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of any “fungi” or bacteria, whether suddenly or over a long period of time, on or within a building or structure, including its contents. 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, by any insured or by any other person or entity. This exclusion applies regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such injury or damage, loss, cost or expense. C. The following definition is added to the Definitions Section: “Fungi” means any type or form of fungus, including but not limited to yeast, mold, mildew, blight or mushroom, and including any mycotoxins, spores, scents, or any other substances, products or byproducts produced by, released by, or arising out of the current or past presence of fungi. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D CG 87 03 09/07 DOC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDATORY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following exclusions are added to 2. Exclusions under Section I — Coverage A Bodily Injury and Property Damage Liability and Section I — Coverage B Personal and Advertising Injury Liability: This insurance does not apply to: 1. Assault and Battery “Bodily injury”, “property damage” or “personal and advertising injury” arising out of or in any way connected with an assault and/or battery or an attempted assault and/or battery, provoked or unprovoked, or out of any act or omission connected with the prevention, suppression or containment of such acts, whether caused by or at the direction of the insured, “employees”, club members, guests or any other person or entity. 2. Communicable Disease “Bodily injury” or “personal and advertising injury” resulting from, or in any way related to, transmission, exposure or threat of exposure to any communicable disease, bacteria, parasite, virus or other organism 3. Trampolines “Bodily injury”, “property damage” or “personal and advertising injury” arising out of the ownership, operation, maintenance or use of any trampoline or similar rebound jumping device. The above exclusion does not apply to jogger type mini-trampolines no larger than 48 inches in diameter used for aerobic exercise. 4. Vitamins and Supplements “Bodily injury”, “property damage” or “personal and advertising injury” based upon or arising out of, in whole or in part, the recommendation, production, promotion, solicitation, testing, selling or manufacture of vitamins, minerals, herbal supplements, medicinal supplements, nutritional supplements, or steroids. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D CG 87 05 9/07 DOC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNATTENDED WATER HAZARD This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM In consideration of the premium charged, it is agreed and understood that it is warranted by the insured, as a condition precedent to providing liability coverage, that the following requirements are met when no lifeguard is present at a swimming pool: 1. Flotation devices are kept in the pool area. 2. Depth markings are posted. 3. A “swim at your own risk” sign must be posted and clearly visible. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D CG 87 06 9/07 DOC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION — ASBESTOS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is added to 2. Exclusions under Section I — Coverage A Bodily Injury and Property Damage Liability and Section I — Coverage B Personal and Advertising Injury Liability: This insurance does not apply to: Asbestos 1. “Bodily injury”, “property damage”, “personal and advertising injury” or medical expenses arising out of the inhalation or exposure to, or related in any way to, asbestos, silica, asbestos fibers, asbestos or silica dust, or asbestos contained in products or materials of any kind. 2. Any loss, cost or expense arising out of any: (a) Claim or “suit” for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, preventing, abating, or in any way responding to, or assessing the presence of or effect of any kind of asbestos, silica, asbestos fibers, asbestos or silica dust, or asbestos contained in products or materials of any kind; or (b) Any law or regulation, or any request, demand, order, writ, injunction or judgment that any insured or others test for, monitor, cleaning up, remove, contain, treat, detoxify, neutralize, prevent, abate, or in any way respond to, or assess the presence of or effect of any kind of asbestos, silica, asbestos fibers, asbestos or silica dust, or asbestos contained in products or materials of any kind. 3. “Bodily injury”, “property damage”, “personal and advertising injury” or medical expenses, or any other action based upon the insured(s) supervision, removal, instructions, recom- mendations, warranties (expressed or implied), warnings or advice given or withheld regarding asbestos, silica, asbestos fibers, asbestos or silica dust, or asbestos contained in products or materials of any kind. We shall not have the duty to defend any such claim or “suit”. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D CG 87 07 09/07 DOC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LEAD EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is added to 2. Exclusions under Section I — Coverage A Bodily Injury and Property Damage Liability and Section I — Coverage B Personal and Advertising Injury Liability: This insurance does not apply to: Lead (1) “Bodily injury”, “property damage” or “personal and advertising injury” arising out of, resulting from, caused by or contributed to by the toxic or pathological properties of lead, lead compounds or lead contained in any materials; (2) Any loss, cost or expense to abate, mitigate, remove or dispose of lead, lead compounds or materials containing lead; (3) Any supervision, instructions, recommendations, warnings or advice given or which should have been given in connection with parts (1) or (2) above; (4) Any obligation to share damages with or repay someone else who must pay damages in connection with parts (1), (2) or (3) above; (5) Any loss, cost or expense arising out of any request, demand or order that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify, neutralize, or in any way respond to, assess the effects of lead; or (6) Any loss, cost or expense arising out of any 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 lead. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 87 08 09/07 DOC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABUSE OR MOLESTATION EXCLUSION ABUSE OR MOLESTATION SUBLIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM (1) Except to the extent coverage is provided in (2) below, this insurance does not apply to “bodily injury”, “property damage”, “personal and advertising injury”, or any other injury, arising out of: (a) The actual or threatened abuse or molestation by anyone or any person while in the care, custody or control of any insured; or (b) The negligent: (i) employment; (ii) investigation; (iii) supervision; (iv) reporting to the proper authorities, or failure to so report; or (v) retention of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by (a) above. This exclusion shall apply regardless of the legal form any “suit” may take. As an example, this insurance shall provide no coverage for a claim alleging that an insured was negligent or in breach of contract due to the hiring of an employee accused of sexual abuse. (2) (a) If a Limit of Liability is shown in item (b) below, the above exclusion shall not apply, subject to the following additional conditions: (i) The most we will pay for a claim otherwise excluded in Item (1) above is the Limit of Liability stated in this endorsement. (ii) We will pay the cost of defending a “suit” otherwise excluded in Item (1) above, but the most we will pay is also limited by and contained within the Limit of Liability stated in this endorsement. (iii) We will not pay any claim or defense cost on behalf of any person who personally takes part in inflicting physical or sexual abuse, sexual molestation, sexual exploitation or sexual injury upon another person; or on behalf of any person who remains passive upon gaining knowledge of any alleged physical or sexual abuse, sexual molestation, sexual exploitation, or sexual injury committed by an employee or volunteer of the insured. (b) Limit of Liability $100,000 per person abused or molested regardless of the number of incidents involving that person, including defense cost; $300,000 aggregate per policy period. Multiple incidents of abuse or molestation involving a person which take place over multiple policy periods for which this coverage is provided by us shall be deemed as one occurrence and shall be subject to the coverage and limits in effect at the time of the first incident. Payment under this coverage shall be included in the General Aggregate Limit as stated in Section III — Limits of Insurance, Paragraph 2. of the Commercial General Liability Coverage Part. All other provisions of Section III — Limits of Insurance do not apply to coverage afforded by this endorsement. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 CG 87 17 06/09 DOC SPORTS AND FITNESS PROFESSIONAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine your rights, duties and what is covered and is not covered. Throughout this policy the words “you” and “your” refer to the Named Insured as 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 the insurance. The word “insured” means any person or organization qualifying as such under WHO IS AN INSURED (SECTION II). Other words and phrases (other than captions) printed in boldface have special meaning. Refer to DEFINITIONS (SECTION V). SECTION I — COVERAGE 1. Insuring Agreement a. We will pay those sums which the insured shall become legally obligated to pay as damages because of injury to which this insurance applies. We 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 injury to which this insurance does not apply. We may, at our discretion, investigate any professional incident and settle any claim or suit that may result. But: (1) The amount we will pay for damages is limited as described in LIMITS OF INSURANCE (SECTION III); and (2) Our right and duty to defend end when the applicable limit of insurance has been exhausted by payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS. b. This insurance applies to injury only if: (1) The injury is caused by a professional incident that takes place in the coverage territory; (2) The injury occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. WHO IS AN INSURED (SECTION II) and no employee authorized by you to give or receive notice of a professional incident or claim, knew that the injury had occurred, in whole or in part. If such a listed insured or authorized employee knew, prior to the policy period, that the injury occurred, then any continuation, change or resumption of such injury during or after the policy period will be deemed to have been known prior to the policy period. c. Injury 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. WHO IS AN INSURED (SECTION II) any employee authorized by you to give or receive notice of a professional incident or claim, includes any continuation, change or resumption of that injury after the end of the policy period. d. Injury will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. WHO IS AN INSURED (SECTION II) or any employee authorized by you to give or receive notice of a professional incident or claim: (1) Reports all, or any part, of the injury to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the injury; or DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 87 17 06/09 Page 2 of 8 (3) Becomes aware by any other means that injury has occurred or has begun to occur. 2. Exclusions This insurance does not apply to: a. Injury 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 that: (1) Are assumed by you in a written contract or agreement, provided: (a) the injury occurs subsequent to the execution of the contract or agreement; and (b) the assumed liability results solely from the negligence of an insured; or (2) The insured would have in the absence of the written contract or agreement. b. Any obligation of the insured under a workers’ compensation, disability benefits or unemployment compensation law or any similar law. c. Injury to: (1) An employee, volunteer or independent contractor of the insured whether or not arising out of and in the course of employment by the insured or while providing services related to the conduct of the insured’s business; or (2) The spouse, child, parent, brother or sister of that employee, volunteer or independent contractor as a consequence of (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. d. Injury due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. e. Any dishonest, fraudulent, criminal or malicious act or omission or acts of a knowingly wrongful nature committed intentionally by or at the direction of any insured. f. Injury to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person’s employment; or (c) Employment related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defa- mation, harassment, humiliation or discrimination directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of injury; or (3) To that person at whom any of the employment related practices described in paragraph (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 else who must pay damages because of the injury. g. Injury which would not have occurred in whole or in part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time. h. 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, DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 87 17 06/09 Page 3 of 8 cleaning up, removing, containing treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of pollutants; or i. Injury arising, in whole or in part, either directly or indirectly out of the manufacture, storage, processing, mining, use, sale, installation, removal, disposal, distribution, handling, inhalation, ingestion, absorption, or existence of, exposure to or contact with asbestos, asbestos contained in goods, products or materials, asbestos fibers or asbestos dust. j. 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 asbestos, asbestos contained in goods, products or materials, asbestos fibers or asbestos dust; 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 asbestos, asbestos contained in goods, products or materials, asbestos fibers or asbestos dust. k. Injury arising, in whole or in part, either directly or indirectly out of the mining, processing, manufacture, storage, distribution, sale, installation, removal, disposal, handling, inhalation, ingestion, absorption, use or existence of, exposure to, or contact with lead or lead contained in goods, products or materials. l. 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 lead or lead contained in goods, products or materials; 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 lead or lead contained in goods, products or materials. m. Nuclear projects, nuclear reaction, radiation or radioactive contamination or any consequence thereof, regardless of cause. n. Injury expected or intended from the standpoint of the insured, except as provided in the definition of personal injury. o. Injury arising out of any: (1) actual or alleged sexual misconduct or sexual molestation of any person; and (2) allegations relating to paragraph (1) above that an insured negligently employed, investigated, supervised or retained a person, or based on an alleged practice, custom or policy, including but not limited to any allegation that a person's civil rights have been violated. p. Injury based upon or arising out of, the prescribing or dispensing of drugs or medical, dental or surgical supplies or appliances, or the recommendation, promotion, production, solicitation, testing, selling or manufacturing of vitamins, minerals, herbal supplements, medicinal supplements, nutritional supplements, or steroids by any insured. q. Bodily injury or property damage arising out of the ownership, maintenance, use or entrustment to others of any automobile, watercraft or aircraft 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 or monitoring of others by that insured, if the professional incident which caused the injury involved the ownership, maintenance, use or entrustment to others of any automobile, watercraft or aircraft that is owned or operated by or rented or loaned to any insured. r. Injury arising out of any training for or providing of micropigmentation, body piercing or body art such as tattooing or implants or botox, collagen or any other injections or skin treatments. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 87 17 06/09 Page 4 of 8 s. Injury arising out of the sale of products you manufacture or which are sold under your brand or label. t. Injury arising out of the sale of products that are not branded or labeled. u. Injury arising out of the actual or alleged transmission of a communicable disease, bacteria, parasite, virus or other organism. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the: (1) Supervising, hiring, employing, training or monitoring of others that may be infected with and spread a communicable disease, bacteria, parasite, virus or other organism; (2) Testing for a communicable disease, bacteria, parasite, virus or other organism; (3) Failure to prevent the spread of the communicable disease, bacteria, parasite, virus or other organism; or (4) Failure to report the communicable disease, bacteria, parasite, virus or other organism to authorities. v. Injury arising out of the ownership, operation, maintenance or use of any trampoline or similar rebound jumping device. The above exclusion does not apply to jogger type mini-trampolines no larger than 48 inches in diameter used for aerobic exercise. w. Personal 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 injury. x. Personal injury arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity. y. Personal injury arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. SUPPLEMENTARY PAYMENTS We will pay, with respect to any claim we investigate or settle, or any suit against an insured we defend: 1. All expenses we incur. 2. 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. 3. 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 $750 a day because of time off from work. 4. All costs taxed against the insured in the suit. 5. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we deposit in court or make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest accruing during that period of time after the deposit or offer. 6. All interest on the amount of any judgment subject to the Limits of Insurance that accrues after entry of the judgment and before we have paid, offered to pay or deposited in the court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the Limits of Insurance. 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, limited liability partnership or joint venture, you are an insured. 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 their duties as members of the limited liability company. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 87 17 06/09 Page 5 of 8 d. An organization other than a partnership, limited liability partnership, joint venture or limited liability company, you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. 2. Each of the following is also an insured: a. Your employees, other than your executive officers or directors (if you are an organization other than a partnership, joint venture or 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. b. Your volunteers, while performing duties related to the conduct of your business, but only if the volunteer is: 1. Officially appointed as such by you; and 2. Performing acts within the scope of their duties related to the providing of your professional services. c. Independent contractors, but only for acts within the scope of their duties related to the providing of your professional services. d. Your legal representative if you die, but only with respect to the duties as such. That representative will have all your rights and duties under this policy. However, none of your employees, managers, independent contractors, volunteers or legal representatives are an insured for injury: (1) To you or any other insured; (2) To the spouse, child parent, brother or sister of an insured as a consequence of paragraph (1) above; (3) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph (1) or (2) above. 3. Any organization you newly acquire or form other than a partnership, limited liability 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 does not apply to an injury that occurred 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, limited liability 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 regardless of the number of: a. Insureds; b. Claims made or suits brought; or c. Persons or organizations making claims or bringing suits. 2. Subject to 3. below, the Each Professional Incident Limit is the most we will pay for the sum of all damages because of all injury arising out of any one professional incident. A single professional incident or a series of related professional incidents shall be deemed to be one professional incident taking place at the time of the earliest professional incident. 3. The Aggregate Limit is the most we will pay for all damages to which this insurance applies. The Limits of Insurance 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 — CONDITIONS 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. Duties in the Event of a Professional Incident, Claim or Suit DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 87 17 06/09 Page 6 of 8 a. You must see to it that we are notified as soon as practicable of any professional incident which may result in a claim or suit. To the extent possible, notice should include: (1) How, when and where the professional incident took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury arising out of the professional incident. b. If a claim 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) Provide 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 of the suit, including providing us with such written or oral statements as we may request; 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 to which this insurance may also apply. d. No insured will, except at their 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 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 judgment against an insured obtained after the 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. 4. Other Insurance or Multiple Policies The insurance afforded by this policy is excess over any valid and collectible insurance available to the insured. However: a. Any insurance specifically arranged by you to apply in excess of this insurance will not be deemed other insurance; and b. If coverage for injury is available under other insurance policies issued by any company affiliated with us, the maximum Limits of Insurance under all these policies combined may equal but not exceed the highest applicable limit for any one policy. 5. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. 6. Separation of Insureds Except with respect to the Limits of Insurance, and any rights and 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. b. Separately to each insured against whom claim is made or suit is brought. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 87 17 06/09 Page 7 of 8 7. 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. 8. When We do Not Renew If we decide 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 and as required by applicable state law. Proof of mailing or delivery will be sufficient proof of receipt of notice. SECTION V — DEFINITIONS 1. Bodily Injury means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. 2. Coverage territory means a. The United States of America (including its territories and possessions), Puerto Rico and Canada; or b. All other parts of the world if the injury arises out of 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. 3. Damages means any amount which an insured is legally obligated to pay for any covered claim or suit including judgments and settlements. But damages does not include: a. Sanctions, fines or penalties; b. Payment for professional services, including the return, withdrawal or deduction of monies paid to the insured; or c. Punitive damages, treble damages or exemplary damages. 4. Employee includes a leased worker or temporary worker. 5. Injury means bodily injury, property damage or personal injury. 6. Leased worker means a person leased to you by a labor leasing firm under agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. 7. Personal 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 by or on behalf of its owner, landlord or lessor; d. Oral or written publication of material that slanders or libels a person or organization or disparages a person’s or organization’s goods, products or services; or e. Oral or written publication of material that violates a person’s right to privacy. Personal injury does not include: a. Bodily injury, other than consequential bodily injury; b. Property damage; or c. Injury arising from any offense involving advertising, publishing, broadcasting or telecasting done by or for you. 8. Pollutants means any solid, liquid, gaseous, thermal or electromagnetic irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, biohazardous waste, biochemical waste, and other wastes. Wastes include materials to be recycled, reconditioned or reclaimed. 9. Professional incident means any actual or alleged act, breach of duty, neglect, offense, error, omission, misstatement or misleading statement arising out of the providing of or failure to provide professional services to others by the insured. 10. Professional services means the providing of physical training, fitness counseling and nutritional counseling for a fee. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 87 17 06/09 Page 8 of 8 11. 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. 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 professional incident that caused it. 12. 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. 13. Suit means a civil proceeding in which damages because of any 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. 14. Volunteer 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. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D CG 87 18 06/09 DOC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPORTS AND FITNESS PROFESSIONAL LIABILITY 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 liability for damages because of “bodily injury” or “property damage” caused by any actual or alleged act, breach of duty, neglect, offense, error, omission, misstatement or misleading statement arising out of the providing or failure to provide physical training, fitness counseling and nutritional counseling, to others, for a fee. 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 liability for damages because of “personal and advertising injury” caused by any actual or alleged act, breach of duty, neglect, offense, error, omission, misstatement or misleading statement arising out of the providing or failure to provide physical training, fitness counseling and nutritional counseling, to others, for a fee. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D © 2011 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 87 43 4/11 DOC CG 87 43 04 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE C — ATHLETICS ACTIVITIES EXCLUSION DELETION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION I — COVERAGES, COVERAGE C MEDICAL PAYMENTS, 2. Exclusions, e. Athletics Activities, is deleted in its entirety. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D © 2011 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 87 47 05 11 DOC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION — TANNING DEVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. The following is added to 2. Exclusions under Section I — Coverage A Bodily Injury and Property Damage Liability: This insurance does not apply to: Tanning Devices “Bodily injury” or “property damage” arising directly or indirectly out of or in consequence of the ownership, maintenance, operation or use of a tanning device by any person. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D © 2011 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 87 46 05 11 DOC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF SPECIFIED COSMETIC SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion 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: Specified Cosmetic Services This insurance does not apply to “bodily injury,” “property damage” or “personal and advertising injury” arising out of the rendering of or failure to render any service, treatment, advice or instruction for the purpose of: a. Removal of layers of skin (other than enzyme exfoliation); b. Plastic surgery; c. Face lifting; d. Botox; e. Chemical peels; f. Intense pulsed light therapy; g. Laser hair removal, electrolysis or hair replacement; or h. Removal of warts or other growths. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D C 47 00 01 15 © 2015 Liberty Mutual Insurance Page 1 of 2 POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE This notice contains important information about the Terrorism Risk Insurance Act and its effect on your policy. Please read it carefully. THE TERRORISM RISK INSURANCE ACT The Terrorism Risk Insurance Act, including all amendments ("TRIA" or the "Act"), establishes a program to spread the risk of catastrophic losses from certain acts of terrorism between insurers and the federal government. If an individual insurer′s losses from "certified acts of terrorism" exceed a specified deductible amount, the government will reimburse the insurer for a percentage of losses (the "Federal Share") paid in excess of the deductible, but only if aggregate industry losses from such acts exceed the "Program Trigger". An insurer that has met its insurer deductible is not liable for any portion of losses in excess of $100 billion per year. Similarly, the federal government is not liable for any losses covered by the Act that exceed this amount. If a ggregate insured losses exceed $100 billion, losses up to that amount may be pro -rated, as determined by the Secretary of the Treasury. The Federal Share and Program Trigger by calendar year are: Calendar Year Federal Share Program Trigger 2015 85% $100,000,000 2016 84% $120,000,000 2017 83% $140,000,000 2018 82% $160,000,000 2019 81% $180,000,000 2020 80% $200,000,000 MANDATORY OFFER OF COVERAGE FOR "CERTIFIED ACTS OF TERRORISM " AND DISCLOSURE OF PREMIUM TRIA requires insurers to make coverage available for any loss that occurs within the United States (or outside of the U.S. in the case of U.S. missions and certain air carriers and vessels), results from a "certified act of terrorism " AND that is otherwise covered under your policy. A "certified act of terrorism " means: [A]ny act that is certified by the Secretary [of the Treasury], in consultation with the Secretary of Homeland Security, and the Attorney General of the United States (i) to be an act of terrorism; (ii) to be a violent act or an act that is dangerous to – (I) human life; (II) property; or (III) infrastructure; (iii) to have resulted in damage within the United States, or outside of the United States in the case of – (I) an air carrier (as defined in section 40102 of title 49, United States Code) or United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States); or (II) the premises of a United States mission; and DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D C 47 00 01 15 © 2015 Liberty Mutual Insurance Page 2 of 2 (iv) to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. The premium charge for certified acts of terrorism under the program is presented on the declarations page of your policy. If we are providing you with a quote, the premium charge will also appear on your quote as a separate line item charge. Certified Acts of Terrorism Coverage does not apply for any Commercial Auto, burglary and theft (i.e. Commercial Crime), or professional liability coverages quoted and a premium charge has not been included for these lines of business. In certain states (currently CA, GA, IA, IL, ME, MO, NY, NC, NJ, OR, RI, WA, WI and WV), there is an exception in the terrorism exclusion (and thereby coverage) for fire losses resulting from an act of terrorism. Therefore, if you reject the offer of terrorism coverage and the policy covers property(s) in those states, that rejection does not apply for fire losses resulting from a certified act of terrorism in those states, and a reduced charge will continue to apply for such fire losses. If you choose to reject this coverage, you must notify your agent of this decision. For new policies, notification must be made within 30 days of receipt of this policy. For renewal policies, notification must be made prior to its effective date or within 30 days of receipt of this notice, whichever is later. An exclusion of certain terrorism losses will be made part of this policy. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D COMMERCIAL GENERAL LIABILITY CG 21 70 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 70 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 1 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed $100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. 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. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D © 2011 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. C 48 91 09 11 Page 1 of 2 DOC IMPORTANT POLICYHOLDER NOTICE CONCERNING REVISIONS TO YOUR RENEWAL POLICY Dear Valued Policyholder, Thank you for selecting us as your carrier for your commercial liability insurance. This notice contains a brief summary of the coverage changes made to your policy. Should you have questions after reviewing the changes outlined below, please contact your independent agent. Thank you for your business. SUMMARY OF CHANGES Your policy is being renewed with new or revised endorsements. The changes outlined below are organized by individual endorsements. Please note that not all of the endorsements noted may apply to your specific policy. In addition, this notice does not reference every editorial change made to the endorsement or coverage form, only material (or significant) coverage changes. Please read your policy and review your declarations page for complete coverage information. No coverage is provided by this notice, nor can it be construed to replace any provisions of your policy. If there are discrepancies between your policy and this notice, the provisions of the policy shall prevail. If you have any questions after reviewing this notice, please contact your independent agent. 1. Tanning Limitation Endorsement — $100,000 This endorsement number is CG 87 44 and it replaces CG8704, in the majority of states. State variations of the endorsement may exist. If CG 87 44 or a state variation is made a part of your renewal policy, your coverage has been revised as described below. If CG 87 44 or a state variation is not made a part of your renewal policy, you may disregard the remainder of this paragraph. a. A non-cumulation of Liability provision has been added to the new endorsement. If one “occurrence” causes “bodily injury” or “property damage” during the policy period and during the policy period of one or more prior, or future, general liability policy(ies) issued to you by us, then this endorsement’s Each Person or Organization Limit will be reduced by the amount of each payment made by us under the other policy(ies) because of such “occurrence.” There are some states that do not permit such provisions. If your renewal policy contains a state version of the Tanning Limitation Endorsement, this provision may not apply. b. The definition of “defense costs and expenses” is revised so that it no longer means fees charged by any lawyer designated by you. 2. Exclusion — Tanning Devices: This endorsement number is CG 87 47 in the majority of states. State variations of the endorsement may exist. If CG 87 47 or a state variation is made a part of your renewal policy, your coverage has been revised as described below. If CG 87 47 or a state variation is not made a part of your renewal policy, you may disregard the remainder of this paragraph. This endorsement precludes coverage for “bodily injury” or “property damage” arising directly or indirectly out of or in consequence of the ownership, maintenance, operation or use of a tanning device by any person. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D C 48 91 09 11 Page 2 of 2 3. Exclusion of Specified Cosmetic Service: This endorsement number is CG 87 46 in the majority of states. State variations of the endorsement may exist. If CG 87 46 or a state variation is made a part of your renewal policy, your coverage has been revised as described below. If CG 87 46 or a state variation is not made a part of your renewal policy, you may disregard the remainder of this paragraph. This endorsement precludes coverage for “bodily injury,” “property damage” or “personal and advertising injury” arising out of the rendering of or failure to render any service, treatment, advice or instruction for the purpose of: a. Removal of layers of skin (other than enzyme exfoliation); b. Plastic surgery; c. Face lifting; d. Botox; e. Chemical peels; f. Intense pulsed light therapy; g. Laser hair removal, electrolysis or hair replacement; or h. Removal of warts or other growths. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D © 2011 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 87 65 11 11 DOC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CYBER LIABILITY AMENDMENT OF COVERAGE B — PERSONAL AND ADVERTISING INJURY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Under SECTION I — COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, paragraph 2. Exclusions, subsection k. Electronic Chatrooms Or Bulletin Boards does not apply. B. Under SECTION V — DEFINITIONS, paragraph 14., the following is added to the definition of “Personal and advertising injury”: As used in the definition, oral or written publication includes publication of material by someone not authorized to access or distribute that material. This would include publication of material as a result of someone’s hacking into your computer network or that part of a web-site that is about your goods, products or services for the purpose of attracting customers or supporters. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D IL 00 17 11 98 IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 DOC 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 rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; 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 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. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 00 21 11 85 Copyright, Insurance Services Office, Inc., 1983, 1984 Page 1 of 2 DOC NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage:" (1) With respect to which an "insured" under the policy is also an insured under a nucle- ar energy liability policy issued by Nuclear Energy Liability Insurance Association, Mu- tual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of li- ability; or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is re- quired to maintain financial protection pur- suant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "in- sured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organi- zation. B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily inju- ry" resulting from the "hazardous properties" of "nuclear material" and arising out of the opera- tion of a "nuclear facility" by any person or or- ganization. C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazard- ous properties" of "nuclear material," if: (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on behalf of, an "insured" or (b) has been discharged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste " at any time possessed, han- dled, used, processed, stored, transported or disposed of, by or on behalf of an "insured;" or (3) The "bodily injury" or "property damage" arises out of the furnishing by an "insured" of ser- vices, materials, parts or equipment in connec- tion with the planning, construction, mainte- nance, operation or use of any "nuclear facili- ty," but if such facility is located within the Unit- ed States of America, its territories or posses- sions or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility" and any property thereat. 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;" DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D IL 00 21 11 85 Copyright, Insurance Services Office, Inc., 1983, 1984 Page 2 of 2 "Waste" means any waste material (a) containing "by- product material" other than the tailings or wastes produced by the extraction or concentration of urani- um 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 "nu- clear 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 plu- tonium, (2) processing or utilizing "spent fuel," or (3) handling, processing or packaging "waste;" (c) Any equipment or device used for the pro- cessing, fabricating or alloying of "special nu- clear 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 dis- posal 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 fission- able material; "Property damage" includes all forms of radioactive contamination of property. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D IL 02 70 11 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 02 70 11 04 © ISO Properties, Inc., 2004 Page 1 of 3 DOC CALIFORNIA CHANGES – CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Com- mon Policy Condition are replaced by the follow- ing: 2. All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured at the mailing address shown in the policy and to the producer of record, advance written no- tice of cancellation, stating the reason for can- cellation, at least: a. 10 days before the effective date of cancel- lation if we cancel for: (1) Nonpayment of premium; or (2) Discovery of fraud by: (a) Any insured or his or her representa- tive in obtaining this insurance; or (b) You or your representative in pursu- ing a claim under this policy. b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. All Policies In Effect For More Than 60 Days a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: (1) Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks. (2) Discovery of fraud or material misrepre- sentation by: (a) Any insured or his or her representa- tive in obtaining this insurance; or (b) You or your representative in pursu- ing a claim under this policy. (3) A judgment by a court or an administra- tive tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks in- sured against. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D Page 2 of 3 © ISO Properties, Inc., 2004 IL 02 70 11 04 (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your repre- sentative, which materially increase any of the risks insured against. (5) Failure by you or your representative to implement reasonable loss control re- quirements, agreed to by you as a con- dition of policy issuance, or which were conditions precedent to our use of a par- ticular rate or rating plan, if that failure materially increases any of the risks in- sured against. (6) A determination by the Commissioner of Insurance that the: (a) Loss of, or changes in, our reinsur- ance covering all or part of the risk would threaten our financial integrity or solvency; or (b) Continuation of the policy coverage would: (i) Place us in violation of California law or the laws of the state where we are domiciled; or (ii) Threaten our solvency. (7) A change by you or your representative in the activities or property of the com- mercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, in- creased or changed risk is included in the policy. b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, at least: (1) 10 days before the effective date of cancellation if we cancel for nonpay- ment of premium or discovery of fraud; or (2) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a. B. The following provision is added to the Cancella- tion Common Policy Condition: 7. Residential Property This provision applies to coverage on real property which is used predominantly for resi- dential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a resi- dential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part – Farm Property – Farm Dwellings, Appurtenant Structures And House- hold Personal Property Coverage Form a. If such coverage has been in effect for 60 days or less, and is not a renewal of cover- age we previously issued, we may cancel this coverage for any reason, except as provided in b. and c. below. b. We may not cancel this policy solely be- cause the first Named Insured has: (1) Accepted an offer of earthquake cover- age; or (2) Cancelled or did not renew a policy issued by the California Earthquake Au- thority (CEA) that included an earth- quake policy premium surcharge. However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that in- cludes an earthquake policy premium sur- charge but fails to pay the earthquake poli- cy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil conditions exist on the premises. This Restriction (c.) applies only if coverage is subject to one of the fol- lowing, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Capital Assets Program Coverage Form (Output Policy); (2) Commercial Property Coverage Part – Causes Of Loss – Special Form; or (3) Farm Coverage Part – Causes Of Loss Form – Farm Property, Paragraph D. Covered Causes Of Loss – Special. C. The following is added and supersedes any provi- sions to the contrary: NONRENEWAL 1. Subject to the provisions of Paragraphs C.2. and C.3. below, if we elect not to renew this policy, we will mail or deliver written notice stat- ing the reason for nonrenewal to the first Named Insured shown in the Declarations and to the producer of record, at least 60 days, but not more than 120 days, before the expiration or anniversary date. We will mail or deliver our notice to the first Named Insured, and to the producer of record, at the mailing address shown in the policy. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D IL 02 70 11 04 © ISO Properties, Inc., 2004 Page 3 of 3 2. Residential Property This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit, if such coverage is written under one of the following: Capital Assets Program (Output Policy) Cover- age Part Commercial Property Coverage Part Farm Coverage Part – Farm Property – Farm Dwellings, Appurtenant Structures And House- hold Personal Property Coverage Form a. We may elect not to renew such coverage for any reason, except as provided in b., c. and d. below: b. We will not refuse to renew such coverage solely because the first Named Insured has accepted an offer of earthquake coverage. However, the following applies only to in- surers who are associate participating in- surers as established by Cal. Ins. Code Section 10089.16. We may elect not to re- new such coverage after the first Named Insured has accepted an offer of earth- quake coverage, if one or more of the fol- lowing reasons applies: (1) The nonrenewal is based on sound underwriting principles that relate to the coverages provided by this policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as re- quired by existing law; (2) The Commissioner of Insurance finds that the exposure to potential losses will threaten our solvency or place us in a hazardous condition. A hazardous con- dition includes, but is not limited to, a condition in which we make claims payments for losses resulting from an earthquake that occurred within the pre- ceding two years and that required a re- duction in policyholder surplus of at least 25% for payment of those claims; or (3) We have: (a) Lost or experienced a substantial reduction in the availability or scope of reinsurance coverage; or (b) Experienced a substantial increase in the premium charged for reinsur- ance coverage of our residential property insurance policies; and the Commissioner has approved a plan for the nonrenewals that is fair and equi- table, and that is responsive to the changes in our reinsurance position. c. We will not refuse to renew such coverage solely because the first Named Insured has cancelled or did not renew a policy, issued by the California Earthquake Authority that included an earthquake policy premium surcharge. d. We will not refuse to renew such coverage solely because corrosive soil conditions ex- ist on the premises. This Restriction (d.) applies only if coverage is subject to one of the following, which exclude loss or dam- age caused by or resulting from corrosive soil conditions: (1) Capital Assets Program Coverage Form (Output Policy); (2) Commercial Property Coverage Part – Causes Of Loss – Special Form; or (3) Farm Coverage Part – Causes Of Loss Form – Farm Property, Paragraph D. Covered Causes Of Loss – Special. 3. We are not required to send notice of nonre- newal in the following situations: a. If the transfer or renewal of a policy, without any changes in terms, conditions, or rates, is between us and a member of our insur- ance group. b. If the policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph C.1. c. If you have obtained replacement coverage, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. e. If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f. If we have made a written offer to the first Named Insured, in accordance with the timeframes shown in Paragraph C.1., to re- new the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D IL 72 01 3/92 DOC IL 72 01 03 92 COMPANY COMMON POLICY CONDITIONS The policy consists of: Common Policy Declarations which include your name and mailing address, the policy period, premium information and coverage part(s) included. Common Policy Conditions. Coverage parts consist of one or more of the following: Commercial Property Commercial Liability Commercial Inland Marine Commercial Crime/Bonds Commercial Automobile Businessowners Boiler and Machinery Workers Compensation. Each of the coverage parts consist of: One or more coverage forms One or more coverage part conditions Applicable endorsements. If you have any questions, please contact your agent listed on the Common Policy Declarations. In Witness Whereof, the company has caused this policy to be executed and attested, but this policy shall not be valid unless countersigned by a duly authorized representative of the company. Paul Condrin Dexter Legg President Vice President and Secretary DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D C 49 68 01 20 © 2019 Liberty Mutual Insurance Page 1 of 6 LIBERTY MUTUAL GROUP CALIFORNIA PRIVACY NOTICE Commercial Lines (excluding Workers’ Compensation) (Effective January 1, 2020) Liberty Mutual Group and its affiliates, subsidiaries, and partners (collectively "Liberty Mutual" or "we", "us" and "our") provide insurance to companies and other insurers. This Privacy Notice explains how we gather , use, and share your data. This Privacy Notice applies to you if you are a Liberty Mutual commercial line insured or are a commercial line claimant residing in California. It does not apply to covered employees or claimants under Workers’ Compensation policies. If this notice does not appl y to you, go to libertymutual.com/privacy to review the applicable Liberty Mutual privacy notice. What Data Does Liberty Mutual Gather? We may collect the following categories of data: • Identifiers, including a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security Number, driver’s license number, or other similar identifiers; • Personal information described in California Civil Code § 1798.80(e), such as your name, signature, Social Security Number, physical characteristics or description, address, telephone number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, financial information, medical information, or health insurance information; • Protected classification characteristics, including age, race, color, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, or veteran or military status; • Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories and tendencies; • Internet or other similar network activity, including browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement; • Professional or employment related information, including current or past job history or performance evaluations; • Inferences drawn from other personal information , such as a profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; • Risk data, including data about your driving and/or accident history; this may include data from cons umer reporting agencies, such as your motor vehicle records and loss history information, health data, or criminal convictions; and • Claims data, including data about your previous and current claims, which may include data regarding your health, criminal convictions, third party reports, or other personal data. For information about the types of personal data we have collected about California consumers in the past twelve (12) months, please go to libertymutual.com/privacy and click on the link for the Cal ifornia Supplemental Privacy Policy. How We Get the Personal Data: We gather your personal data directly from you. For example, you provide us with data when you: We also gather your personal data from other people. For example: ▪ ask about, buy insurance or file a claim ▪ your insurance agent or broker ▪ pay your policy ▪ your employer, association or business (if you are insured through them) ▪ visit our websites, call us, or visit our office ▪ our affiliates or other insurance companies about your transactions with them DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D C 49 68 01 20 © 2019 Liberty Mutual Insurance Page 2 of 6 ▪ consumer reporting agencies, Motor Vehicle Departments, and inspection services, to gather your credit history, driving record, claims history, or value and condition of your property ▪ other public directories and sources ▪ third parties, including other insurers, brokers and insurance support organizations who you have communicated with about your policy or claim, anti-fraud databases, sanctions lists, court judgments and other databases, government agencies, open electoral register or in the event of a claim, third parties including other parties to the claim witnesses, expert loss adjustors and claim handlers ▪ other third parties who take out a policy with us and are required to provide your data such as when you are named as a beneficiary or where a family member has taken out a policy which requires your personal data For information about how we have collected personal data in the past twelve (12) months, please go to libertymutual.com/privacy and click on the link for the California Supplemental Privacy Policy. How Does Liberty Mutual Use My Data? Liberty Mutual uses your data to provide you with our products and services, and as otherwise provided in this Privacy Notice. Your data may be used to: Business Purpose Data Categories Market, sell and provide insurance. This includes for example: ▪ calculating your premium; ▪ determining your eligibility for a quote; ▪ confirming your identity and service your policy; ▪ Identifiers ▪ Personal Information ▪ Protected Classification Characteristics ▪ Commercial Information ▪ Internet or other similar network activity ▪ Professional or employment related information ▪ Inferences drawn from other personal information ▪ Risk data ▪ Claims data Manage your claim. This includes, for example: ▪ managing your claim, if any; ▪ conducting claims investigations; ▪ conducting medical examinations; ▪ conducting inspections, appraisals; ▪ providing roadside assistance; ▪ providing rental car replacement, or repairs; ▪ Identifiers ▪ Personal Information ▪ Protected Classification Characteristics ▪ Commercial Information ▪ Internet or other similar network activity ▪ Professional or employment related information ▪ Inferences drawn from other personal information ▪ Risk data ▪ Claims data Day to Day Business and Insurance Operations. This includes, for example: ▪ creating, maintaining, customizing and securing accounts; ▪ supporting day-to-day business and insurance related functions; ▪ doing internal research for technology development; ▪ marketing and creating products and services; ▪ conducting audits related to a current contact with a consumer and other transactions; ▪ Identifiers ▪ Personal Information ▪ Protected Classification Characteristics ▪ Commercial Information ▪ Internet or other similar network activity ▪ Professional or employment related information ▪ Inferences drawn from other personal information ▪ Risk data ▪ Claims data DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D C 49 68 01 20 © 2019 Liberty Mutual Insurance Page 3 of 6 ▪ as described at or before the point of gathering personal data or with your authorization; Security and Fraud Detection. This includes for example: ▪ detecting security issues; ▪ protecting against fraud or illegal activity, and to comply with regulatory and law enforcement authorities; ▪ managing risk and securing our systems, assets, infrastructure and premises; roadside assistance, rental car replacement, or repairs ▪ help to ensure the safety and security of Liberty staff, assets and resources, which may include physical and virtual access controls and access rights management; ▪ supervisory controls and other monitoring and reviews, as permitted by law; and emergency and business continuity management; ▪ Identifiers ▪ Personal Information ▪ Protected Classification Characteristics ▪ Commercial Information ▪ Internet or other similar network activity ▪ Professional or employment related information ▪ Inferences drawn from other personal information ▪ Risk data ▪ Claims data Regulatory and Legal Requirements. This includes for example: ▪ controls and access rights management; ▪ to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Liberty’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by Liberty is among the assets transferred; ▪ exercising and defending our legal rights and positions; ▪ to meet Liberty contract obligations; ▪ to respond to law enforcement requests and as required by applicable law, court order, or governmental regulations; ▪ as otherwise permitted by law. ▪ Identifiers ▪ Personal Information ▪ Protected Classification Characteristics ▪ Commercial Information ▪ Internet or other similar network activity ▪ Professional or employment related information ▪ Inferences drawn from other personal information ▪ Risk data ▪ Claims data Improve Your Customer Experience and Our Products. This includes for example: ▪ improve your customer experience, our products and service; ▪ to provide, support, personalize and develop our website, products and services; ▪ create and offer new products and services; ▪ Identifiers ▪ Personal Information ▪ Commercial Information ▪ Internet or other similar network activity ▪ Professional or employment related information ▪ Inferences drawn from other personal information ▪ Risk data ▪ Claims data Analytics to identify, understand and manage our risks and products. This includes for example: ▪ conducting analytics to better identify, understand and manage risk and our products; ▪ Identifiers ▪ Personal Information ▪ Protected Classification Characteristics ▪ Commercial Information ▪ Internet or other similar network activity ▪ Professional or employment related information ▪ Inferences drawn from other personal information ▪ Risk data ▪ Claims data Customer service and technical support. This includes for example: ▪ answer questions and provide notifications; ▪ provide customer and technical support; ▪ Identifiers ▪ Personal Information ▪ Commercial Information ▪ Internet or other similar network activity ▪ Professional or employment related information DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D C 49 68 01 20 © 2019 Liberty Mutual Insurance Page 4 of 6 ▪ Inferences drawn from other personal information ▪ Risk data ▪ Claims data How Does Liberty Mutual Share My Data? Liberty Mutual does not sell your personal data as defined by the California Consumer Privacy Act. Liberty Mutual shares personal data of California consumers with the following categories of third parties: • Liberty Mutual affiliates; • Service Providers; • Public entities and institutions (e.g. regulatory, quasi-regulatory, tax or other authorities, law enforcement agencies, courts, arbitrational bodies, and fraud prevention agencies); • Professional advisors including law firms, accountants, auditors, and tax advisors; • Insurers, re-insurers, policy holders, and claimants; and • As permitted by law. Liberty Mutual shares the following categories of personal data regarding California consumers to service providers for business purposes: Identifiers Personal Data; Protected Classification Characteristics; Commercial Information; Internet or other similar network activity; Claims Data; Inferences drawn from other personal information; Risk Data; Professional, employment, and education information; For information about how we have shared personal information in the past twelve (12) months, please go to libertymutual.com/privacy and click on the link for the California Supplemental Privacy Policy. What Privacy Rights Do I Have? The California Consumer Privacy Act provides California residents with specific rights regarding personal information. These rights are subject to certain exceptions. Our response may be limited as permitted under law. Access or Deletion You may have the right to request that Liberty Mutual disclose certain information to you about our collection and use of your personal data in the twelve (12) months preceding such request, including a copy of the personal data we have collected. You also may have the right to request that Liberty Mutual delete personal data that Liberty Mutual collected from you, subject to certain exceptions. Specifically, you have the right to request that we disclose the following to you, in each case for the twelve (12) month period preceding your request: • the categories of personal data we have collected about you; • the categories of sources from which the personal data was/is collected; • our business or commercial purpose for collecting personal data; • the categories of third parties with whom we share personal data; • the specific pieces of data we have collected about you; • the categories of personal data about you, if any, that we have disclosed for monetary or other valuable consideration, including the categories of third part ies to which we have disclosed the data, by category or categories of personal data for each third party to which we disclosed the personal data; and • the categories of personal data about you that we disclosed for a business purpose. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D C 49 68 01 20 © 2019 Liberty Mutual Insurance Page 5 of 6 You can make a request by either: Calling: 800-344-0197 Online: libertymutualgroup.com/privacy-policy/data-request Mail: Attn: Privacy Office Liberty Mutual Insurance Company 175 Berkeley St., 6th Floor Boston, MA 02116 You may also make a verifiable consumer request on behalf of your minor child. You or your authorized agent may only make a verifiable consumer request for access or data deletion twice within a twelve (12) month period. The verifiable consumer request must provide sufficient information that allows Liberty Mutual to reasonably verify that you are the person about whom Liberty Mutual collected personal data or an authorized representative of such person; and describe your request with sufficient detail that allows Liberty Mutual to properly understand, evaluate, and respond to it. For more information about how Liberty Mutual will verify your identity and how an authorized agent may make a request on your behalf, go to libertymutual.com/privacy and click on the California Supplemental Privacy Policy. Response Timing Liberty Mutual will respond to a verifiable consumer request within forty-five (45) days of its receipt. If more time is needed, Liberty Mutual will inform you of the reason and extension period in writing. Any disclosures that will be provided will only cover the twelve (12) month period preceding our receipt of the verifiable consumer request. If Liberty Mutual is unable to fulfill your request, you will be provided with the reason that the request cannot be completed. For more information about how we will respond to requests, go to libertymutual.com/privacy and click on the California Supplemental Privacy Policy. Rights to opt in and out of data selling California consumers have the right to direct businesses not to sell your personal data (opt-out rights), and personal data of minors under 16 years of age will not be sold, as is their right, without theirs or their parents' opt-in consent. Liberty Mutual does not sell the personal data of consumers . For more information, go to libertymutual.com/privacy and click on the California Supplemental Privacy Policy. No account needed You do not need to create an account with Liberty Mutual to exercise your rights. Liberty Mutual will only use personal data provided in a request to review and comply with the request. No discrimination You have the right not to be discriminated against for exercising any of your CCPA rights. Unless permitted by the CCPA, exercising your rights will not cause Liberty Mutual to: • Deny you goods or services; • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; • Provide you a different level or quality of goods or services; or • Suggest that you may receive a different price or rate for goods or services, or a different level or quality of goods or services. DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D C 49 68 01 20 © 2019 Liberty Mutual Insurance Page 6 of 6 Will Liberty Mutual Update This Privacy Notice? We reserve the right to makes changes to this notice at any time and for any reason. The updated version of this policy will be effective once it is accessible. You are responsible for reviewing this policy to stay informed of any changes or updates. Who Do I Contact Regarding Privacy? If you have any questions or comments about this Notice or the Supplemental CCPA Notice, your rights, or are requesting the Notice in an alternative format, please do not hesitate to contact Liberty Mutual at: Phone: 800-344-0197 Email: privacy@libertymutual.com Postal Address: Attn: Privacy Office Liberty Mutual Insurance Company 175 Berkeley St., 6th Floor Boston, MA 02116 DocuSign Envelope ID: 6C123F99-E6BB-4A0B-A15E-8F18532CF96D