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Agreement - The Swimming Swan LLC - Second Amendment - Pool Operator Contract - Signed 2023-06-29City of Gilroy Agreement/Contract Tracking Today’s Date: June 16, 2023 Your Name: Bryce Atkins Contract Type: Services over $5k - Contractor - NO ENG OR DESIGN Phone Number: (408)846-0210 Contract Effective Date: (Date contract goes into effect) 2/28/2023 Contract Expiration Date: 2/29/2024 Contractor / Consultant Name: (if an individual’s name, format as last name, first name) Swimming Swan Contract Subject: (no more than 100 characters) Second Amendment - Pool Operator Contract Contract Amount: (Total Amount of contract. If no amount, leave blank) 425000 By submitting this form, I confirm this information is complete: Date of Contract Contractor/Consultant name and complete address Terms of the agreement (start date, completion date or “until project completion”, cap of compensation to be paid) Scope of Services, Terms of Payment, Milestone Schedule and exhibit(s) attached Taxpayer ID or Social Security # and Contractors License # if applicable Contractor/Consultant signer’s name and title City Administrator or Department Head Name, City Clerk (Attest), City Attorney (Approved as to Form) Routing Steps for Electronic Signature Risk Manager City Attorney Approval As to Form City Administrator or Department Head City Clerk Attestation DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB TYPE OF PROCURMENT DOLLAR THRESHOLD / SIGNING AUTHORITY STAFF LEVEL DEPARTMENT HEAD CITY ADMINISTRATOR COUNCIL APPROVAL $0-$999.99 $1,000-$49,999.99 $50,000-$99,999.99 $100,000-Above EQUIPMENT /SUPPLIES/ MATERIALS Furniture, hoses, parts, pipe manholes, office supplies, fuel, tools, PPE items, etc…  Vendor selection at discretion of staff Payment Method Purchase Card or Payment Request (if vendor does not accept credit cards)  Informal bid/quotation – 3 quotes (verbal or written)  Purchasing Summary form w/ Purchasing Approval  Purchase Requisition Payment Method Purchase Order*  Informal bid/quotation – 3 written quotes  Purchasing Summary form w/ City Administrator Approval  Purchase Requisition Payment Method Purchase Order  Formal Bid  Advertisement  Council Approval  Purchase Requisition signed by City Administrator Payment Method Purchase Order GENERAL SERVICES Janitorial, landscape maintenance, equipment repair, installation, graffiti abatement, service inspections, uniform cleaning, etc…  Vendor selection at discretion of staff  May require insurance documents depending on scope/ nature of work Payment Method Purchase Card (if incorporated) Signed Payment Request (if sole proprietor or partner)  Informal bid/quotation – 3 quotes (verbal or written)  Purchasing Summary form w/ Department Head Approval  Standard Agreement  Purchase Requisition Payment Method Purchase Order*  Informal Bid/RFP quotation – 3 written quotes  Purchasing Summary form w/ City Administrator Approval  Standard Agreement  Purchase Requisition Payment Method Purchase Order  Formal Bid/RFP/RFQ  Advertisement  Council Approval  Standard Agreement  Purchase Requisition Payment Method Purchase Order PROFESSIONAL SERVICES Consultants, architects, designers, auditors, etc...  Vendor selection at the discretion of staff  Purchase Summary Form w/ Purchasing Approval  Standard Agreement signed by Department Head  Purchase Requisition Payment Method Purchase Order  RFP/RFQ to at least 3 consultants  Purchase Summary Form w/ Department Head Approval  Standard Agreement  Purchase Requisition Payment Method Purchase Order  RFP/RFQ to a list of consultants  Evaluation Spreadsheet w/ City Administrator Approval  Standard Agreement  Purchase Requisition Payment Method Purchase Order  Formal RFP/RFQ  Advertisement  Council Approval  Standard Agreement signed by City Administrator  Purchase Requisition Payment Method Purchase Order DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB SECOND AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY OF GILROY AND SWIMMING SWAN LLC THIS SECOND AMENDMENT TO THE AGREEMENT (this “Second Amendment”), by and among the CITY OF GILROY, a California municipal corporation (“CITY ”), and Swimming Swan, LLC., a California Limited Liability Corporation (“CONTRACTOR”), is entered into as of July 10, 2023. Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in that certain Agreement for Services, effective February 8, 2022 (the “Original Agreement”), by and between the CITY and CONTRACTOR, as amended by that certain First Amendment to the Agreement with the effective date of June 6, 2022 (the “First Amendment”), and collectively referred to as the “Agreement”. RECITALS WHEREAS, the CITY and CONTRACTOR entered into the Agreement, whereby the CONTRACTOR provides for the operation of the Christopher High School Aquatics Center, including administration and reporting; and WHEREAS, the First Amendment removed the operation of the Activity Pool’s play structure and its four waterslides in the Scope of Services Section B(1) due to the CONTRACTOR not having insurance for the operation of those features; and WHEREAS, CITY and CONTRACTOR have negotiated and desires to open the play structure and the water slides, subject to the terms and conditions stated herein. NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES AGREE TO AS FOLLOWS: 1. Incorporation of Recitals. The foregoing recitals are agreed to, accepted and incorporated herein by reference. 2. Compensation. Article 4A, entitled “Consideration”, is hereby amended to correct through reduction the not-to-exceed compensation amount, which shall read as follows: In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONTRACTOR exceed Four Hundred Twenty-Five Thousand Dollars ($425,000.00). 3. Scope of Work. Exhibit “B”, entitled “Scope of Work”, Section B(1), as previously amended by the First Amendment, shall now be amended to read as follows: 1. Facility: The CONTRACTOR shall operate the facility commonly known as the Christopher High School Aquatics Center (“CHS Aquatics Center”), which consists of two pools: the activity pool with a play structure and four waterslides and a 50-meter competition pool with two diving boards (all diving boards are closed and not available for any use at any time as CONTRACTOR does not have insurance for this feature). The DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB facility also includes outdoor showers, a men’s bathroom, a women’s bathroom, lifeguard office, concrete pool decks with shade structures and picnic tables, bleachers, storage closet, storage shed, a triage room and an adjoining office with a ticket window. Pool maintenance is handled by Gilroy Unified School District staff (“GUSD”) and they have sole access to the pump room. 4. Payment Schedule. Exhibit “D”, entitled “Payment Schedule” shall be amended to add the following section to the end of the exhibit: Slide and Play Structure Insurance Payment. CITY shall reimburse CONTRACTOR for additional insurance coverage of the activity pool’s play structure and four waterslides. The cost of the insurance is $64,813 for the 2023 pool season. CONTRACTOR shall invoice the CITY for its actual insurance premium costs for this insurance, and provide evidence of amount and payment by CONTRACTOR that is satisfactory to CITY in its sole and absolute discretion. Upon receipt of a sufficient invoice with evidence, CITY then shall then reimburse CONTRACTOR for the actual costs, up to an amount not to exceed $64,813, within thirty (30) days of such invoice being determined to be sufficient. 5. Counterparts. This Amendment may be executed in one or more facsimile or original counterparts, each of which shall be deemed an original and both of which together shall constitute one and the same instrument. 6. Ratification. Except as expressly modified herein, all of the provisions of the Agreement shall remain in full force and effect. In the case of any inconsistencies between the Agreement and this Second Amendment, the terms of this Second Amendment shall control. 7. Authorization. Each party executing this Amendment represents and warrants that it is duly authorized to cause this Amendment to be executed and delivered. IN WITNESS WHEREOF, the parties execute this Amendment as of the date first written above. CONTRACTOR: CITY: SWIMMING SWAN, LLC. CITY OF GILROY a municipal corporation By: _________________________________ By: _________________________________ Melissa Swanson President LeeAnn McPhillips Acting City Administrator Approved as to Form ATTEST: By: _________________________________ By: _________________________________ City Attorney City Clerk DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC Jacket-Policy A (07/21) COMMERCIAL LINES POLICY A Stock Company 800 Gessner Rd, Suite 600 Houston, TX 77024 Phone: 800-645-7707 IN WITNESS WHEREOF, we have caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless countersigned by our authorized representative. Mark Haushill Leslie K. Shaunty DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB DS PN Annual 02-22 Your Privacy Rights This booklet describes how Imperium Insurance Company (IIC), Houston Specialty Insurance Company (HSIC), Great Midwest Insurance Company (GMIC) use private information about our customers, the limits on our use, how we protect our customers’ privacy, and how our customers can restrict the distribution of information about themselves. Imperium Insurance Company Houston Specialty Insurance Company Great Midwest Insurance Company DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB DS PN Annual 02-22 To our customers: Safeguarding the privacy of your financial and personal information has always been extremely important to us. This pamphlet consists of five separate sections concerning our commitment to protecting your privacy: 1. Customer Privacy Policy Statement – Contains a description of IIC, HSIC, and GMIC general customer privacy policy 2. Notice of Information Practices – Provides disclosures required under federal laws 3. Privacy Disclosure Statement – Offers you the opportunity to notify us if you do not want IIC, HSIC, and GMIC to share basic information about you. 4. Information We May Disclose To Others 5. Access to and Correction of Your Information Please let us know if you have any questions or comments. Customer Privacy Policy Statement IIC. HSIC, and GMIC recognize that a fundamental component of the insurer/insured relationship is a customer’s trust that the insurer will respect the privacy and confidentiality of the customer’s financial information and all aspects of the customer’s insurance relationship. IIC, HSIC, and GMIC have established the following policy to keep your information secure and confidential. 1. We shall recognize each customer’s expectations of privacy by safeguarding information that you share with us. This commitment to privacy will be maintained regardless of whether information is received by mail, telephone, internet, or in person. 2. Information shall be collected and utilized only to the extent necessary to deliver insurance service to you and to offer products, services, and other opportunities that may be of interest to you. 3. We are dedicated to maintaining accurate customer records and shall strive to correct any inaccurate information in a timely manner. You may notify us at the toll-free telephone numbers and address listed at the end of this notice to correct any information. 4. IIC, HSIC, and GMIC limit access to your personal information to only those insurance company employees with a business reason for knowing such information. We educate all employees about the importance of confidentiality and customer privacy and have established policies on the proper use of customer information. 5. If we utilize other organizations to support our business, we will require them to abide by this privacy policy statement. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB DS PN Annual 02-22 6. We do not sell customer lists or financial information about our customers to any third party vendors. We may, however, allow select customer information to be shared with an affiliated company, under controlled conditions for the purpose of designing and marketing our products or company sponsored products with a company that has adopted a similar privacy policy to safeguard any personal customer information. 7. IIC, HSIC, and GMIC will provide you a choice as to whether your personal customer information will be shared with other organizations even for the limited purposes described above before your information is released to another organization for marketing purposes. 8. In order to conduct the business of insurance, customer information in our records is referenced relating to the issuance and servicing of coverage settling claims. IIC, HSIC, and GMIC conduct these insurance operations in accordance with the Fair Credit Reporting Act and information privacy laws as explained in our Notice of Information Practices. 9. This privacy policy will apply to both current and former customers of IIC, HSIC, and GMIC. IIC, HSIC, and GMIC reserve the right to update and modify this statement at any time and will provide notice to you of such updates and modifications. IIC, HSIC, and GMIC will continue to monitor itself for compliance of its procedures to protect customer privacy. Notice of Information Practices Pursuant to 15 U.S.C § 1681 et seq. (1982) The information you provide to us is important. We review it in our evaluation of your request for coverage and in determining rates. It may not be the only information about you or persons to be insured under your policy that we consider. In accordance with the Federal Fair Credit Reporting Act, we would like to briefly describe our practices as they relate to information gathered in connection with insurance transactions. We may need additional information from you or other individuals proposed for coverage. Motor vehicle records, court record or other public records might be reviewed. A photo of any property to be insured might be taken. We may also obtain information from third parties, such as other insurance companies or a consumer reporting agency. A consumer report from such agency may contain information such as credit worthiness, credit standing, credit capacity, character, general reputation, hobbies, occupation, personal characteristics, or mode of living. An investigative consumer report containing the same type of information may be obtained through personal interviews with neighbors, friends, associates, acquaintances, or others who may have knowledge concerning those items of information. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB DS PN Annual 02-22 If coverage is declined or the charge for coverage is increased either wholly or partly because of information contained in a consumer report, we will tell you. We will also give you the name and address of the consumer reporting agency making the report. It is possible that an investigative consumer report may be made. Within a reasonable time after receiving this notice of our information practices, you have the right to file a written request for and promptly receive a written disclosure as to the nature and scope of the investigation. You also will have the right to ask to be personally interviewed. Information you give during the interview will be included in the report sent to us. Upon written request and identification, you have the right to receive a copy of your investigative consumer report. Information gathered about you by the agency in making a consumer report or investigative consumer report may be kept by the agency and provided to others to the extent allowed by law. Information about you in our records may be kept and may be referred to for purposes relating to the issuance and servicing of coverage and settling claims. We will not disclose information about you to others without your written consent unless the disclosure is necessary to conduct our business. The law permits us to share information about you without your prior consent under circumstances. Examples of these include disclosures to: • Parties who perform a business, professional or insurance function for our company, including companies from which we purchase reinsurance coverage; • Adjusters, appraisers, investigators and attorneys who need the information to investigate, defend or settle a claim involving you; • Businesses that help us with data processing or marketing; • Businesses that conduct scientific research, including actuarial or underwriting studies; • Other insurance companies, agents, or consumer reporting agencies as reasonably necessary in connection with any application, policy, or claim involving you; • Insurance support organizations which are established to collect information for the purpose of detecting and preventing insurance crimes or fraudulent claims; • Medical care institutions or medical professionals to verify coverage or conduct an audit of services; • State Insurance Departments in connection with the regulation of our business; • Law enforcement or other governmental authorities to protect our legal interests or in cases of suspected fraud or illegal activities; DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB DS PN Annual 02-22 • Authorized persons as ordered by a subpoena, warrant, or other court order or as required by law; • Certificate holders or policyholders for the purpose of providing i nformation regarding the status of an insurance transaction; or • Lien holders, mortgagees, assignees, lessors, or other persons shown on our records as having a legal or beneficial interest in your policy You have the right to know what kind of information we keep about you in our files, the right to reasonable access to this information, and the right to receive a copy of this information. Write to us if you have questions about the information we may have on file about you. Tell us what information you would like to receive. Provide your complete name, address, date of birth, type of policy held or applied for, and all numbers of any policies issued to you by us. Certain types of information generally collected when evaluating claims or possible lawsuits needed may not be disclosed to you. Within thirty (30) business days of receipt of your request, we will inform you in writing of the nature and substance of locatable and retrievable recorded personal information about you in our files. You may review this information in person or receive a copy for reasonable charge. We will also identify the persons or organizations to which we have disclosed your information to within the past two (2) years. In addition, you will be given the name and address of any consumer reporting agency which prepared a report about you so that you can contact them for a copy. After you have reviewed your personal information about in our file, you can write to us if you believe it should be corrected, amended, or deleted. Tell us what you think is wrong and why. We will consider your request and within thirty (30) business days from the date of receipt of your written request, either change our files or tell you that we did not and the reason. If we do not make the changes, you will have the right to insert in our file a concise statement containing what you believe to be the correct, relevant or fair information and explaining why you believe the information on the file to be improper. We will notify persons designated by you to whom we have previously disclosed the information of the change on your statement. Subsequent disclosures we make will also be included in your statement. Correspondence about this notice or requests for information in accordance with your rights under the law should be directed to the appropriate company in the Skyward Specialty Insurance at the address listed on the last page of the pamphlet. Information We May Disclose To Third Parties. We do not sell customer information or medical information to anyone. Nor do we share it with companies or organizations outside of our group of affiliated companies that would use that information to contact you about their own products and services. Should that practice ever change, we would offer the ability to prohibit this type of information sharing and / or a reasonable time for the opportunity to opt out of this type of information sharing before the change in our practice took place. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB DS PN Annual 02-22 We may, without authorization, but only as permitted or required by law, provide customer information to persons or organizations both inside and outside of IIC, HSIC, and GMIC in order to fulfill a transaction requested, service policies, market our products, investigate and/or handle claims, detect and/or prevent fraud, participate in insurance support organizations, or comply with lawful requests from regulatory and law enforcement authorities. These include, for example: affiliated companies, claims adjusters, medical providers, and program managers. Access to and Correction of Your Information. You may write to us if you have any questions about the information that we may have in our records about you. If you wish, you may inspect this information in person or receive a copy at a reasonable charge by sending us a written request. You can notify us in writing if you believe any information should be corrected, amended, or deleted and we will review your request. We will either make the requested or explain why we did not do so. If we do not make the requested change, you may submit a short written statement identifying the disputed information, which will be included in all future disclosures of your information. You may send your written request regarding IIC, HSIC, and GMIC to : Skyward Specialty Insurance Attn: Compliance Department 800 Gessner, Suite 600 Houston Texas 77024 All written requests must include your name, address, telephone number, and a photocopy of a picture ID for identification purposes. You may contact IIC, HSIC, and GMIC at the following numbers: Local phone #Toll free #FAX # GMIC 713-973-0226 800-829-8165 713-935-7424 HSIC 713-935-4820 855-935-HSIC (4742)713-935-4821 IIC 713-935-4830 800-203-1179 713-935-4831 DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC IL ES PN 002 01 23 HSIC IL ES PN 002 01 23| 800 Gessner Road, Suite 600, Houston, TX 77024 | skywardinsurance.com HOW TO REPORT A CLAIM All claims should be reported as soon as practicable after the loss. Claims may be reported by any of the following options 24 hours a day, 7 days a week. PROPERTY & CASUALTY CLAIMS To report any injury (non-work related), auto or trucking accident, or any type of property damage: By Phone: (888)-321-0714 By Email: claims@skywardinsurance.com INFORMATION TO INCLUDE WHEN SUBMITTING A CLAIM o Policy Number and/or Claims Number in all communication with us. o Policyholder contact Information – Name, Phone Number, Address, Email o Agent contact information - Name, Phone Number, Address, Email o Date of Loss o Cause of Loss o Detailed description of loss and damage(s) o Provide us with a copy of any suit, demand for arbitration or mediation, claims letter or similar notice. o Send copies of any internal reports related to the loss. o Send copies of any police and/or fire department reports. PRESERVE AND SAFEGUARD • No unauthorized parties should be allowed access to the loss site. • Temporary board up, if necessary. • Temporary Perimeter fencing, if necessary. • Retention of any and all evidence. o If it is necessary to make immediate repairs prior to inspection it is crucial that any and all parts (repaired or replaced) be retained and safeguarded along with a copy of the accompanying invoice. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB PN SUR CA 001 05 22 PN SUR CA 001 05 22 IMPORTANT NOTICE: 1. The insurance policy that you have purchased is being issued by an insurer that is not licensed by the State of California. These companies are called “nonadmitted” or “surplus line” insurers. 2. The insurer is not subject to the financial solvency regulation and enforcement that apply to California licensed insurers. 3. The insurer does not participate in any of the insurance guarantee funds created by California law. Therefore, these funds will not pay your claims or protect your assets if the insurer becomes insolvent and is unable to make payments as promised. 4. The insurer should be licensed either as a foreign insurer in another state in the United States or as a non-United States (alien) insurer. You should ask questions of your insurance agent, broker, or “surplus lines” broker or contact the California Department of Insurance at the toll- free number: 1-800-927-4357 or internet website www.insurance.ca.gov. Ask whether or not the insurer is licensed as a foreign or non-United States (alien) insurer and for additional information about the insurer. You may also contact the NAIC’s internet website at www.naic.org. The NAIC—the National Association of Insurance Commissioners—is the regulatory support organization created and governed by the chief insurance regulators in the United States. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB PN SUR CA 001 05 22 PN SUR CA 001 05 22 5. Foreign insurers should be licensed by a state in the United States and you may contact that state’s department of insurance to obtain more information about that insurer. You can find a link to each state from this NAIC internet website: https://naic.org/state_web_map.htm 6. For non-United States (alien) insurers, the insurer should be licensed by a country outside of the United States and should be on the NAIC’s International Insurers Department (IID) listing of approved nonadmitted non-United States insurers. Ask your agent, broker, or “surplus lines” broker to obtain more information about that insurer. 7. California maintains a “List of Approved Surplus Lines Insurers (LASLI).” Ask your agent or broker if the insurer is on that list, or view that list at the internet website of the California department of insurance: www.insurance.ca.gov./01-consumers/120-company/07- lasli/lasli.cfm. 8. If you, as the applicant, required that the insurance policy you have purchased be effective immediately, either because existing coverage was going to lapse within two business days or because you were required to have coverage within two business days, and you did not receive this disclosure form and a request for your signature until after coverage became effective, you have the right to cancel this policy within five days of receiving this disclosure. If you cancel coverage, the premium will be prorated and any broker’s fee charged for this insurance will be returned to you. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC PN ES 00 01 10 20 HSIC PN ES 00 01 10 20 Page 1 of 1 CALIFORNIA SHORT RATE CANCELLATION PENALTY DISCLOSURE This Notice is to advise you that you may incur a penalty if you cancel your policy prior to the expiration date. If you cancel the policy for which you are applying prior to the expiration date, a 10% penalty will be applied to any remaining unearned premium, subject to any minimum earned premium endorsement that may be applicable to your policy. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC EX DS 01 10 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 POLICY NUMBER: ESB-HS-CX-0000172-00 COMMERCIAL EXCESS LIABILITY HSIC EX DS 01 10 12 COMMERCIAL EXCESS LIABILITY DECLARATIONS Company Name: Houston Specialty Insurance Company 800 Gessner Drive, Suite 600 Houston, Texas 77024 Toll Free: 800-203-1179 Producer Name: RT Specialty Named Insured(s): The Swimming Swan, LLC; Melissa Swanson Mailing Address: 903 Paseo Del Lago Fallbrook, CA 92028 Policy Period: From: 5/26/2023 To: 5/26/2024 At 12:01 AM (Standard Time at your mailing address shown above) IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE TO PROVIDE YOU WITH THE INSURANCE AS STATED IN THIS POLICY. Excess Policy – Limits Of Insurance Each Occurrence Limit $5,000,000 Aggregate Limit $5,000,000 Excess Policy – Premium Premium (including premium subject to audit)$17,000.00 Surplus Lines Tax 510.00 Stamping Fee 30.60 DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC EX DS 01 10 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 Endorsements Attached To The Excess Policy See Schedule of Forms and Endorsements (FORMS-SCHED 08 12) Underlying Coverages Coverage / Carrier Policy Period Limits / Attachment COMMERCIAL GENERAL LIABILITY Houston Specialty Insurance Company ESB-HS-GL-0001096-00 05/26/23 - 05/26/24 $1,000,000 EACH OCCURRENCE $2,000,000 GENERAL AGGREGATE Included PRODUCTS OPS AGGREGATE $1,000,000 PERSONAL ADVERTISING INJURY DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB ESB-HS-CX-0000172-00Policy Number: SCHEDULE OF FORMS AND ENDORSEMENTS The Swimming Swan, LLC; Melissa SwansonNamed Insured:05/26/2023 12:01 A.M., Standard Time Effective Date: Agency Name:HIIG E&S Brokerage Form Number Edition Date Title HSIC JACKET-POLICY A (07- 2021) HSIC JACKET-POLICY A (07-2021) DS PN Annual (02-2022)SKYWARD PRIVACY NOTICE HSIC IL ES PN 002 01 23 HOW TO REPORT A CLAIM PN SUR CA 001 05 22 CALIFORNIA POLICYHOLDER NOTICE HSIC PN ES 00 01 10 20 CALIFORNIA SHORT RATE CANCELLATION PENALTY DISCLOSURE HSIC EX DS 01 10 12 COMMERCIAL EXCESS LIABILITY DECLARATIONS FORMS - SCHED 08 12 SCHEDULE OF FORMS AND ENDORSEMENTS CX 00 01 04 13 COMMERCIAL EXCESS LIABILITY COVERAGE FORM CX 21 01 09 08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) CX 21 02 04 13 TOTAL POLLUTION EXCLUSION CX 21 11 04 13 EXCLUSION - ABUSE OR MOLESTATION CX 21 12 04 13 EXCLUSION - DESIGNATED ONGOING OPERATIONS CX 21 13 04 13 EXCLUSION - FUNGI OR BACTERIA CX 21 16 04 13 EXCLUSION - SILICA OR SILICA-RELATED DUST CX 21 17 04 13 EXCLUSION - COMMUNICABLE DISEASE CX 21 19 04 13 EXCLUSION - EMPLOYMENT-RELATED PRACTICES CX 21 33 01 15 EXCLUSION OF CERTIFIED ACTS OF TERRORISM CX 21 71 06 15 EXCLUSION - UNMANNED AIRCRAFT SOS HSIC CW 09 13 CW SERVICE OF SUIT CLAUSE HSIC CX ES 01 19 04 21 EXCLUSION - INJURY TO INDEPENDENT CONTRACTORS OR THEIR EMPLOYEES HSIC CX ES 01 20 04 21 EXCLUSION - INTELLECTUAL PROPERTY HSIC CX ES 01 23 04 21 EXCLUSION - PUNITIVE DAMAGES HSIC CX ES 01 44 04 21 EXCLUSION - ASSAULT OR BATTERY HSIC CX ES 01 55 04 21 CARE, CUSTODY OR CONTROL EXCLUSION HSIC CX ES 01 61 04 21 ELECTRONIC DATA CYBER EXCLUSION HSIC CX ES 01 67 04 21 EXCLUSION - PROFESSIONAL SERVICES HSIC CX ES 01 68 04 21 EXCLUSION - RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW HSIC CX ES 01 71 04 21 AUTO LIABILITY EXCLUSION HSIC CX ES 01 80 04 21 EXCLUSION OF COVERAGE SUBJECT TO SUBLIMITS OR OTHER REDUCED LIMITS IN UNDERLYING INSURANCE HSIC CX ES 01 88 04 21 UNIMPAIRED RETAINED LIMIT HSIC CX ES 02 06 12 21 MINIMUM AND DEPOSIT PREMIUM ENDORSEMENT HSIC CX ES 02 13 07 22 LIQUOR LIABILITY EXCLUSION HSIC CX ES 02 14 08 22 EXCLUSION - PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES HSIC CX ES 02 17 12 22 FIREARMS EXCLUSION FORMS - SCHED 08 12 Page 1 of 1 DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB COMMERCIAL EXCESS LIABILITY CX 00 01 04 13 CX 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 5 COMMERCIAL EXCESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under the "controlling underlying insurance". Other words and phrases that appear in quotation marks in this Coverage Part have special meaning. Refer to Section IV – Definitions. Other words and phrases that are not defined under this Coverage Part but defined in the "controlling underlying insurance" will have the meaning described in the policy of "controlling underlying insurance". The insurance provided under this Coverage Part will follow the same provisions, exclusions and limitations that are contained in the applicable "controlling underlying insurance", unless otherwise directed by this insurance. To the extent such provisions differ or conflict, the provisions of this Coverage Part will apply. However, the coverage provided under this Coverage Part will not be broader than that provided by the applicable "controlling underlying insurance". There may be more than one "controlling underlying insurance" listed in the Declarations and provisions in those policies conflict, and which are not superseded by the provisions of this Coverage Part. In such a case, the provisions, exclusions and limitations of the "controlling underlying insurance" applicable to the particular "event" for which a claim is made or suit is brought will apply. SECTION I – COVERAGES 1. Insuring Agreement a. We will pay on behalf of the insured the "ultimate net loss" in excess of the "retained limit" because of "injury or damage" to which insurance provided under this Coverage Part applies. We will have the right and duty to defend the insured against any suit seeking damages for such "injury or damage" when the applicable limits of "controlling underlying insurance" have been exhausted in accordance with the provisions of such "controlling underlying insurance". When we have no duty to defend, we will have the right to defend, or to participate in the defense of, the insured against any other suit seeking damages for "injury or damage". However, we will have no duty to defend the insured against any suit seeking damages for which insurance under this policy does not apply. At our discretion, we may investigate any "event" that may involve this insurance and settle any resultant claim or suit, for which we have the duty to defend. But: (1) The amount we will pay for "ultimate net loss" is limited as described in Section II – Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under this Coverage Part. However, if the policy of "controlling underlying insurance" specifies that limits are reduced by defense expenses, our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of defense expenses, judgments or settlements under this Coverage Part. b. This insurance applies to "injury or damage" that is subject to an applicable "retained limit". If any other limit, such as, a sublimit, is specified in the "controlling underlying insurance", this insurance does not apply to "injury or damage" arising out of that exposure unless that limit is specified in the Declarations under the Schedule of "controlling underlying insurance". c. If the "controlling underlying insurance" requires, for a particular claim, that the "injury or damage" occur during its policy period in order for that coverage to apply, then this insurance will only apply to that "injury or damage" if it occurs during the policy period of this Coverage Part. If the "controlling underlying insurance" requires that the "event" causing the particular "injury or damage" takes place during its policy period in order for that coverage to apply, then this insurance will apply to the claim only if the "event" causing that "injury or damage" takes place during the policy period of this Coverage Part. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB Page 2 of 5 © Insurance Services Office, Inc., 2012 CX 00 01 04 13 d. Any additional insured under any policy of "controlling underlying insurance" will automatically be an additional insured under this insurance. If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance required by the contract, less any amounts payable by any "controlling underlying insurance". Additional insured coverage provided by this insurance will not be broader than coverage provided by the "controlling underlying insurance". 2. Exclusions The following exclusions, and any other exclusions added by endorsement, apply to this Coverage Part. In addition, the exclusions applicable to any "controlling underlying insurance" apply to this insurance unless superseded by the following exclusions, or superseded by any other exclusions added by endorsement to this Coverage Part. Insurance provided under this Coverage Part does not apply to: a. Medical Payments Medical payments coverage or expenses that are provided without regard to fault, whether or not provided by the applicable "controlling underlying insurance". b. Auto Any loss, cost or expense payable under or resulting from any of the following auto coverages: (1) First-party physical damage coverage; (2) No-fault coverage; (3) Personal injury protection or auto medical payments coverage; or (4) Uninsured or underinsured motorists coverage. c. Pollution (1) "Injury or damage" 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. (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, pollutants; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, pollutants. This exclusion does not apply to the extent that valid "controlling underlying insurance" for the pollution liability risks described above exists or would have existed but for the exhaustion of underlying limits for "injury or damage". d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. SECTION II – 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 number of vehicles involved; c. Persons or organizations making claims or bringing suits; or d. Limits available under any "controlling underlying insurance". 2. The Limits of Insurance of this Coverage Part will apply as follows: a. This insurance only applies in excess of the "retained limit". b. The Aggregate Limit is the most we will pay for the sum of all "ultimate net loss", for all "injury or damage" covered under this Coverage Part. However, this Aggregate Limit only applies to "injury or damage" that is subject to an aggregate limit of insurance under the "controlling underlying insurance". c. Subject to Paragraph 2.b. above, the Each Occurrence Limit is the most we will pay for the sum of all "ultimate net loss" under this insurance because of all "injury or damage" arising out of any one "event". d. If the Limits of Insurance of the "controlling underlying insurance" are reduced by defense expenses by the terms of that policy, any payments for defense expenses we make will reduce our applicable Limits of Insurance in the same manner. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB CX 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 3 of 5 3. If any "controlling underlying insurance" has a policy period that is different from the policy period of this Coverage Part then, for the purposes of this insurance, the "retained limit" will only be reduced or exhausted by payments made for "injury or damage" covered under this insurance. The Aggregate Limit of this Coverage Part applies separately to each consecutive annual period of this Coverage Part and to any remaining period of this Coverage Part 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 III – CONDITIONS The following conditions apply. In addition, the conditions applicable to any "controlling underlying insurance" are also applicable to the coverage provided under this insurance unless superseded by the following conditions. 1. Appeals If the "controlling underlying insurer" or insured elects not to appeal a judgment in excess of the amount of the "retained limit", we may do so at our own expense. We will also pay for taxable court costs, pre- and postjudgment interest and disbursements associated with such appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in Section II – Limits Of Insurance. 2. Bankruptcy a. Bankruptcy Of Insured Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. b. Bankruptcy Of Controlling Underlying Insurer Bankruptcy or insolvency of the "controlling underlying insurer" will not relieve us of our obligations under this Coverage Part. However, insurance provided under this Coverage Part will not replace any "controlling underlying insurance" in the event of bankruptcy or insolvency of the "controlling underlying insurer". The insurance provided under this Coverage Part will apply as if the "controlling underlying insurance" were in full effect and recoverable. 3. Duties In The Event Of An Event, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "event", regardless of the amount, which may result in a claim under this insurance. To the extent possible, notice should include: (1) How, when and where the "event" 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 "event". b. If a claim is made or suit is brought against any insured, you must: (1) Immediately record the specifics of the claim or suit and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other insured involved must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or suit; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the suit; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of "injury or damage" to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 4. First Named Insured Duties The first Named Insured is the person or organization first named in the Declarations and is responsible for the payment of all premiums. The first Named Insured will act on behalf of all other Named Insureds for giving and receiving of notice of cancellation or the receipt of any return premium that may become payable. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB Page 4 of 5 © Insurance Services Office, Inc., 2012 CX 00 01 04 13 At our request, the first Named Insured will furnish us, as soon as practicable, with a complete copy of any "controlling underlying insurance" and any subsequently issued endorsements or policies which may in any way affect the insurance provided under this Coverage Part. 5. Cancellation a. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. b. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or (2) 30 days before the effective date of cancellation if we cancel for any other reason. c. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. f. If notice is mailed, proof of mailing will be sufficient proof of notice. 6. Changes This Coverage Part contains all the agreements between you and us concerning the insurance afforded. The first Named Insured is authorized by all other insureds to make changes in the terms of this Coverage Part with our consent. This Coverage Part's terms can be amended or waived only by endorsement. 7. Maintenance Of/Changes To Controlling Underlying Insurance Any "controlling underlying insurance" must be maintained in full effect without reduction of coverage or limits except for the reduction of aggregate limits in accordance with the provisions of such "controlling underlying insurance" that results from "injury or damage" to which this insurance applies. Such exhaustion or reduction is not a failure to maintain "controlling underlying insurance". Failure to maintain "controlling underlying insurance" will not invalidate insurance provided under this Coverage Part, but insurance provided under this Coverage Part will apply as if the "controlling underlying insurance" were in full effect. The first Named Insured must notify us in writing, as soon as practicable, if any "controlling underlying insurance" is cancelled, not renewed, replaced or otherwise terminated, or if the limits or scope of coverage of any "controlling underlying insurance" is changed. 8. Other Insurance a. This insurance is excess over, and shall not contribute with any of the other insurance, whether primary, excess, contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this Coverage Part. When this insurance is excess, if no other insurer defends, we may undertake to do so, but we will be entitled to the insured's rights against all those other insurers. b. When this insurance is excess over other insurance, we will pay only our share of the "ultimate net loss" that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part; and (2) The total of all deductible and self-insured amounts under all that other insurance. 9. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. If this policy is auditable, the premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period, we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit premium is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB CX 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 5 of 5 10. Loss Payable Liability under this Coverage Part does not apply to a given claim unless and until: a. The insured or insured's "controlling underlying insurer" has become obligated to pay the "retained limit"; and b. The obligation of the insured to pay the "ultimate net loss" in excess of the "retained limit" has been determined by a final settlement or judgment or written agreement among the insured, claimant, "controlling underlying insurer" (or a representative of one or more of these) and us. 11. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a suit asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured, "controlling underlying insurer" and the claimant or the claimant's legal representative. 12. Transfer Of Defense a. Defense Transferred To Us When the limits of "controlling underlying insurance" have been exhausted, in accordance with the provisions of "controlling underlying insurance", we may elect to have the defense transferred to us. We will cooperate in the transfer of control to us of any outstanding claims or suits seeking damages to which this insurance applies and which would have been covered by the "controlling underlying insurance" had the applicable limit not been exhausted. b. Defense Transferred By Us When our limits of insurance have been exhausted our duty to provide a defense will cease. We will cooperate in the transfer of control of defense to any insurer specifically written as excess over this Coverage Part of any outstanding claims or suits seeking damages to which this insurance applies and which would have been covered by the "controlling underlying insurance" had the applicable limit not been exhausted. In the event that there is no insurance written as excess over this Coverage Part, we will cooperate in the transfer of control to the insured and its designated representative. 13. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION IV – DEFINITIONS The definitions applicable to any "controlling underlying insurance" also apply to this insurance. In addition, the following definitions apply. 1. "Controlling underlying insurance" means any policy of insurance or self-insurance listed in the Declarations under the Schedule of "controlling underlying insurance". 2. "Controlling underlying insurer" means any insurer who provides any policy of insurance listed in the Declarations under the Schedule of "controlling underlying insurance". 3. "Event" means an occurrence, offense, accident, act, or other event, to which the applicable "controlling underlying insurance" applies. 4. "Injury or damage" means any injury or damage, covered in the applicable "controlling underlying insurance" arising from an "event". 5. "Retained limit" means the available limits of "controlling underlying insurance" applicable to the claim. 6. "Ultimate net loss" means the total sum, after reduction for recoveries, or salvages collectible, that the insured becomes legally obligated to pay as damages by reason of: a. Settlements, judgments, binding arbitration; or b. Other binding alternate dispute resolution proceeding entered into with our consent. "Ultimate net loss" includes defense expenses if the "controlling underlying insurance" specifies that limits are reduced by defense expenses. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB COMMERCIAL EXCESS LIABILITY CX 21 01 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CX 21 01 09 08 © ISO Properties, Inc., 2007 Page 1 of 2 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2., Exclusions: 2. Exclusions NUCLEAR ENERGY LIABILITY a. Under any Liability Coverage, to "injury or damage": (1) With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear En- ergy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nu- clear Insurance Association of Canada or any of their successors, or would be an in- sured under any such policy but for its ter- mination 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 Liability Coverage, to "injury or damage" resulting from "hazardous properties" of "nuclear material", if: (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on be- half of, an insured or (b) has been dis- charged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time pos- sessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an insured; or (3) The "injury or damage" arises out of the furnishing by an insured of services, mate- rials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility", but if such facility is located within the United States of America, its territories or posses- sions or Canada, this Exclusion (3) applies only to property damage to such "nuclear facility" and any property thereat. c. As used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "special nuclear material" or "by-product mate- rial". "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reac- tor". "Waste" means any waste material (a) contain- ing "by-product material" other than the tailings or wastes produced by the extraction or con- centration of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or organization of any "nuclear fa- cility" included under the first two paragraphs of the definition of "nuclear facility". "Nuclear facility" means: (a) Any "nuclear reactor"; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel", or (3) handling, processing or packaging "waste"; DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB Page 2 of 2 © ISO Properties, Inc., 2007 CX 21 01 09 08 (c) Any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is lo- cated 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, prem- ises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the fore- going is located, all operations conducted on such site and all premises used for such opera- tions. "Nuclear reactor" means any apparatus de- signed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. "Injury or damage" includes all forms of radio- active contamination of property. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB COMMERCIAL EXCESS LIABILITY CX 21 02 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CX 21 02 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 TOTAL POLLUTION EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART Exclusion c. under Paragraph 2. Exclusions of Section I – Coverages is replaced by the following: Insurance provided under this Coverage Part does not apply to: 2. Exclusions c. Pollution (1) "Injury or damage" which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time; or (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, pollutants; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, pollutants. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB COMMERCIAL EXCESS LIABILITY CX 21 11 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CX 21 11 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 EXCLUSION – ABUSE OR MOLESTATION This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to "injury or damage" arising out of: a. The actual or threatened abuse or molestation by anyone of any person while in the care, custody or control of any insured; or b. The negligent: (1) Employment; (2) Investigation; (3) Supervision; (4) Reporting to the proper authorities, or failure to so report; or (5) Retention; of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by Paragraph a. above. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB POLICY NUMBER: ESB-HS-CX-0000172-00 COMMERCIAL EXCESS LIABILITY CX 21 12 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CX 21 12 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 EXCLUSION – DESIGNATED ONGOING OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART SCHEDULE Description Of Designated Ongoing Operation(s): ANY AND ALL OPERATIONS OTHER THAN LIFEGUARD SERVICES AT THE CHRISTOPHER HIGH SCHOOL AQUATICS CENTER AT 850 DAY ROAD, GILROY, CA 95020. Specified Location (If Applicable): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to "injury or damage" arising out of the ongoing operations described in the Schedule of this endorsement, regardless of whether such operations are conducted by you or on your behalf or whether the operations are conducted for yourself or for others. Unless a "location" is specified in the Schedule, this exclusion applies regardless of where such operations are conducted by you or on your behalf. If a specific "location" is designated in the Schedule of this endorsement, this exclusion applies only to the described ongoing operations conducted at that "location". For the purpose of this endorsement, "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. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB COMMERCIAL EXCESS LIABILITY CX 21 13 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CX 21 13 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 EXCLUSION – FUNGI OR BACTERIA This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to: Fungi Or Bacteria a. "Injury or 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 on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such "injury or damage". b. Any loss, cost or 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 does not apply to any "fungi" or bacteria that are, are on, or are contained in, a good or product intended for bodily consumption. B. The following definition is added to the Definitions section: "Fungi" means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or by-products produced or released by fungi. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB COMMERCIAL EXCESS LIABILITY CX 21 16 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CX 21 16 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 EXCLUSION – SILICA OR SILICA-RELATED DUST This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to: Silica Or Silica-related Dust a. "Injury or damage" arising, in whole or in part, out of the actual, alleged, threatened or suspected inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, "silica" or "silica-related dust". b. Any loss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to or assessing the effects of, "silica" or "silica-related dust", by any insured or by any other person or entity. B. The following definitions are added to the Definitions section: 1. "Silica" means silicon dioxide (occurring in crystalline, amorphous and impure forms), silica particles, silica dust or silica compounds. 2. "Silica-related dust" means a mixture or combination of silica and other dust or particles. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB COMMERCIAL EXCESS LIABILITY CX 21 17 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CX 21 17 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 EXCLUSION – COMMUNICABLE DISEASE This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to: Communicable Disease "Injury or damage" arising out of the actual or alleged transmission of a communicable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the: a. Supervising, hiring, employing, training or monitoring of others that may be infected with and spread a communicable disease; b. Testing for a communicable disease; c. Failure to prevent the spread of the disease; or d. Failure to report the disease to authorities. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB COMMERCIAL EXCESS LIABILITY CX 21 19 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CX 21 19 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 EXCLUSION – EMPLOYMENT-RELATED PRACTICES This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to "injury or damage" to: a. A person arising out of any: (1) Refusal to employ that person; (2) Termination of that person's employment; or (3) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or b. The spouse, child, parent, brother or sister of that person as a consequence of "injury or damage" to that person at whom any of the employment-related practices described in Paragraph (1), (2) or (3) above is directed. This exclusion applies whether the injury-causing event described in Paragraph (1), (2) or (3) above occurs before employment, during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity, and to any obligation to share damages with or repay someone else who must pay damages because of the injury. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB COMMERCIAL EXCESS LIABILITY CX 21 33 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CX 21 33 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 1 EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART Any endorsement addressing acts of terrorism (however defined) in any "controlling underlying insurance" does not apply to this excess insurance. The following provisions addressing acts of terrorism apply with respect to this excess insurance: A. The following exclusion is added: This insurance does not apply to: TERRORISM "Injury or damage" arising, directly or indirectly, out of a "certified act of terrorism". B. The following definition is added: "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: a. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and b. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for "injury or damage" that is otherwise excluded under this Coverage Part. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB COMMERCIAL EXCESS LIABILITY CX 21 71 06 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CX 21 71 06 15 © Insurance Services Office, Inc., 2014 Page 1 of 1 EXCLUSION – UNMANNED AIRCRAFT This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to: Unmanned Aircraft "Injury or damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "event" which caused the "injury or damage" involved the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". As used in this exclusion, loading or unloading means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an "unmanned aircraft"; b. While it is in or on an "unmanned aircraft"; or c. While it is being moved from an "unmanned aircraft" to the place where it is finally delivered; but loading or unloading does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the "unmanned aircraft". B. The following definition is added to the Definitions section: "Unmanned aircraft" means an aircraft that is not: 1. Designed; 2. Manufactured; or 3. Modified after manufacture; to be controlled directly by a person from within or on the aircraft. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. SOS HSIC CW SOS 09 13 SERVICE OF SUIT As used in this endorsement, “we”, “us”, and “our”, refer to Houston Specialty Insurance Company (HSIC). This applies in jurisdictions where we are not an admitted insurer. It is agreed that in the event of our failure to pay the amount claimed to be due hereunder, we, at the request of the insured, will submit to the jurisdiction of any court of competent jurisdiction within the United States and will comply with all requirements necessary to give such court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such court. It is further agreed that, pursuant to any statute of any state, territory or district of the United States which make provision therefor, we hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the insured or any beneficiary hereunder arising out to this policy of insurance and hereby designate Houston Specialty Insurance Company General Counsel 800 Gessner Road, Suite 600 Houston, Texas 77024-4538 DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CX ES 01 19 04 21 HSIC CX ES 01 19 04 21 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - INJURY TO INDEPENDENT CONTRACTORS OR THEIR EMPLOYEES This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART A. The following exclusion is added to SECTION I - COVERAGES, Paragraph 2. Exclusions: Insurance provided under this Coverage Part does not apply to: Injury To Independent Contractors Or Their Employees Claims, costs or expenses due to "injury or damage" sustained by the owner, partner or "employee" of an independent contractor working for you or on your behalf. B. The following are added to SECTION IV – DEFINITIONS: “Employee” includes a “leased worker”. “Employee” does not include a “temporary worker”. “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”. “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. . DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CX ES 01 20 04 21 HSIC CX ES 01 20 04 21 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - INTELLECTUAL PROPERTY This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to SECTION I - COVERAGES, Paragraph 2. Exclusions: Insurance provided under this Coverage Part does not apply to: Intellectual Property "Injury or damage" arising out of the actual or alleged infringement, misappropriation or violation of intellectual property rights or laws, including but not limited to: (1) Trademark, (2) Trade dress, (3) Slogan, (4) Style of doing business, (5) Copyright, (6) Patent rights, (7) Trade secret rights, (8) Publicity rights, (9) Moral rights, (10) Rights against unfair competition, or (11) Breach of contract. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CX ES 01 23 04 21 HSIC CX ES 01 23 04 21 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - PUNITIVE DAMAGES This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART A. The following exclusion is added to SECTION I - COVERAGES, Paragraph 2. Exclusions: Insurance provided under this Coverage Part does not apply to: Punitive Damages Damages assessed for punitive damages, exemplary damages, multiplied damages, fines, penalt ies or liquidated damages. If a "suit" is brought against you for a claim falling within the coverage provided by this policy, seeking both compensatory and punitive damages, exemplary damages, multiplied damages, fines, penalties or liquidated damages, we will afford a defense to such action, bu t we shall not have an obligation to pay any cost, interest or damages attributed to punitive damages, exemplary damages, multiplied damages, fines, penalties or liquidated damages. B. The following is added to SECTION IV – DEFINITIONS: “Suit” means a civil proceeding in which damages because of “injury or damage” to which this insurance applies are alleged. “Suit” includes: (1) An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or (2) Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CX ES 01 44 04 21 HSIC CX ES 01 44 04 21 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION – ASSAULT OR BATTERY This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART A. The following exclusion is added to SECTION I - COVERAGES, Paragraph 2. Exclusions: Insurance provided under this Coverage Part does not apply to, nor shall we have the duty to defend, any claim or "suit" for “injury or damage” arising out of or related to any of the following: Assault and Battery 1. “Assault” and/or “battery” committed by any insured, any “employee” of any insured or any other person, whether or not caused by or at the direction of any insured, or arising because of the negligence of any insured; or 2. “Assault” and/or “battery” resulting from the negligent hiring, retention, training, supervision or control of any “employee” of the insured; or 3. The failure to prevent or suppress an “assault” and “battery” by any person; or 4. The failure to provide an environment safe from “assault” and “battery”, including but not limited to the failure to maintain security; or 5. The use of force to protect persons or property. This exclusion supersedes any provision in the “controlling underlying insurance” that provides coverage for “injury or damage” arising out of, directly or indirectly resulting from, in consequence of, or in any way involving the use of reasonable force to protect person(s) or property. B. The following definitions are added to SECTION IV – DEFINITIONS: “Assault” means the threat of or use of force on another that causes that person to have the apprehension of imminent harmful or offensive conduct, whether or not the threat or use of force is alleged to be negligent, intentional or criminal in nature. “Battery” means negligent or intentional physical contact with another without consent that results in physical or emotional injury. “Employee” includes a “leased worker”. “Employee” does not include a “temporary worker”. “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”. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CX ES 01 44 04 21 HSIC CX ES 01 44 04 21 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 2 of 2 “Suit” means a civil proceeding in which damages because of “injury or damage” to which this insurance applies are alleged. “Suit” includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. “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. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CX ES 01 55 04 21 HSIC CX ES 01 55 04 21 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CARE, CUSTODY OR CONTROL EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to SECTION I - COVERAGES, Paragraph 2. Exclusions: Insurance provided under this Coverage Part does not apply to: Damage to Property in Care, Custody or Control: 1. “Injury or damage” arising out of personal property in the care, custody or control of the insured; and 2. 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 “injury or damage” arises out of those operations. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CX ES 01 61 04 21 HSIC CX ES 01 61 04 21 . Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ELECTRONIC DATA CYBER EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of SECTION I - COVERAGES: Insurance provided under this Coverage Part does not apply to: Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability: “Injury or damage” arising out of: (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate “electronic data”. 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. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CX ES 01 67 04 21 HSIC CX ES 01 67 04 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART A. The following is added to SECTION I – COVERAGES, Paragraph 2. Exclusions: Insurance provided under this Coverage Part does not apply to: Professional Services “Injury or damage” arising out of the rendering of or failure to render professional services or advice by an insured or by any person for whose acts or omissions the insured is legally responsible, whether or not that service or advice is ordinary in your profession and regardless of whether a claim or “suit” is brought by a client or any other person or organization. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "event" which caused the "injury or damage" involved the rendering of or failure to render any professional service. B. The following is added to SECTION IV – DEFINITIONS: “Suit” means a civil proceeding in which damages because of “injury or damage” to which this insurance applies are alleged. “Suit” includes: 1. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or 2. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CX ES 01 68 04 21 HSIC CX ES 01 68 04 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART The following is added to SECTION I – COVERAGES, Paragraph 2. Exclusions: Insurance provided under this Coverage Part does not apply to: Recording And Distribution Of Material Or Information In Violation Of Law "Injury" or damage" arising directly or indirectly out of any action or omission that violates or is alleged to violate: a. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; b. The CAN-SPAM Act of 2003, including any amendment of or addition to such law; c. The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or d. Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CX ES 01 71 04 21 HSIC CX ES 01 71 04 21 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 1 of 2 THIS ENDORSEMENT CHANGESTHE POLICY. PLEASE READ ITCAREFULLY. AUTO LIABILITY EXCLUSION This endorsement modifies Insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART A. The following exclusion is added to SECTION I - COVERAGES, Paragraph 2. Exclusions: Insurance provided under this Coverage Part does not apply to: Auto Liability Any liability for “injury or damage” arising out of the ownership, maintenance, use or entrustment to others of any “auto” owned or operated by or rented or loaned to any insured. 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 ot hers by that insured, if the “event” which caused the “injury or damage” involved the ownership , maintenance, use or entrustment to others of any “auto” that is owned or operated by or rented or loaned to any insured. We shall have no duty to defend any claim for “injury or damage” arising out of the foregoing. B. The following are added to SECTION IV – DEFINITIONS "Auto" means: 1. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or 2. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". "Loading or unloading" means the handling of property: 1. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; 2. While it is in or on an aircraft, watercraft or "auto"; or 3. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CX ES 01 71 04 21 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 2 of 2 "Mobile equipment" means any of the following types of land vehicle s, including any attached machinery or equipment: 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2. Vehicles maintained for use solely on or next to premises you own or rent; 3. Vehicles that travel on crawler treads; 4. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: a. Power cranes, shovels, loaders, diggers or drills; or b. Road construction or resurfacing equipment such as graders , scrapers or rollers; 5. Vehicles not described in Paragraph 1., 2., 3. or 4. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: a. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers; 6. Vehicles not described in Paragraph 1., 2., 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equi pment are not "mobile equipment" but will be considered "autos": a. Equipment designed primarily for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning; b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and c. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CX ES 01 80 04 21 HSIC CX ES 01 80 04 21 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF COVERAGE SUBJECT TO SUBLIMITS OR OTHER REDUCED LIMITS IN UNDERLYING INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART This policy does not apply to “ultimate net loss” insured by “controlling underlying insurance” if such “ultimate net loss” is subject under the “controlling underlying insurance” to any sublimit or any other limit less than the applicable limits for the “controlling underlying insurance” set forth in the Declarations under the Schedule of “controlling underlying insurance” herein, including any limits in the “controlling underlying insurance” that are reduced as a result of any insured’s failur e to comply with any requirements or conditions of coverage set forth in the “controlling underlying insurance”. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CX ES 01 88 04 21 HSIC CX ES 01 88 04 21 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNIMPAIRED RETAINED LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART The following is added to SECTION II – LIMITS OF INSURANCE: The “retained limits” on “controlling underlying insurance” shall be unimpaired as of the inception date of this policy. The “retained limits” on the “controlling underlying insurance” will only be reduced and exhausted by payments for “injury or damage” arising out of an “event” that occurs during the policy period of the policy. If any "controlling underlying insurance" is written on a claims made basis, the “retained limits” on that “controlling underlying insurance” will only be reduced or exhausted by payments for “injury or damage” arising out of an “event" for which claims are made during the policy period, or any Extended Reporting Period, of this policy. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CX ES 02 06 12 21 HSIC CX ES 02 06 12 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINIMUM AND DEPOSIT PREMIUM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART A. SECTION III – CONDITIONS, Paragraph 9. Premium Audit, subparagraph b. is deleted and replaced with the following: b. If this policy is auditable, the minimum and deposit premium shown on the Declarations page of this policy is the “advance premium” for the full policy term applicable to this policy. At the close of each audit period, we will compute the “earned premium” for that period. The “audit premium” is due and payable to us on notice to the first Named Insured. If the “audit premium” is less than the minimum and deposit premium, the minimum and deposit premium will apply, with no return to you. B. SECTION III – CONDITIONS, Paragraph 5. Cancellation, subparagraph e. is deleted and replaced with the following: 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 will reflect either a 25% “minimum earned premium” or a short-rate charge of 90% of the pro rata premium, whichever is greater. If the insured cancels after 12 months, the “advance premium” is fully earned. Any cancellation will be effective even if we have not made or offered a refund. “Advance Premium” = $17,000.00 “Minimum Earned Premium” = 25.00% % of the “advance premium” or $ “Minimum Audit Premium” = 100% of the “advance premium” or $17,000.00 C.For the purposes of this endorsement, the following terms are defined: 1.“Advance premium” means the premium that is stated in the policy declarations and payable in full by the first Named Insured at the inception of the policy. 2.“Audit premium” means the premium that is developed by calculating the difference between the “advance premium” and the “earned premium”. 3.“Earned premium” means the premium that is developed by applying the rate(s) scheduled in the policy to the actual premium basis (determined by a final audit) for the policy period. 4.“Minimum audit premium” means the lowest premium for which insurance will be written for the full policy period or 12 months, whichever is less, and is developed as a percentage of the “advance premium”. 5.“Minimum earned premium” means the absolute lowest premium for which insurance will be written for any portion of the policy period and is developed as a percentage of the “advance premium”. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CX ES 02 13 07 22 HSIC CX ES 02 13 07 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIQUOR LIABILITY EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE FORM It is hereby understood and agreed that: SECTION I – COVERAGES, Paragraph 2. Exclusions of the Policy is amended to add the following additional exclusions: Liquor Liability The insurance provided under this Coverage Part does not apply to any claim, suit, “event”, liability, damages, loss, cost or expense based upon or arising out of, directly or indirectly, in whole or in part: “Injury or damage,” including mental anguish and emotional distress whether or not resulting from physical injury, in connection with: 1. Causing or contributing to the intoxication of any person, including but not limited to causing or contributing to the intoxication of any person because alcoholic beverages were permitted to be brought on your premises, for consumption on your premises; 2. The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or 3. Any act, error or omission in violation of any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: a. The supervision, hiring, employment, training or monitoring of others by that insured; or b. Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. This exclusion applies only if you: 1. Manufacture, sell or distribute alcoholic beverages; 2. Serve or furnish alcoholic beverages for a charge, whether or not such activity: a. Requires a license; b. Is for the purpose of financial gain or livelihood; 3. Serve or furnish alcoholic beverages without a charge, if a license is required for such activity; or 4. Permit any person to bring any alcoholic beverages on your premises, for consumption on your premises. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CX ES 02 14 08 22 HSIC CX ES 02 14 08 22 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION – PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE The following is added to Paragraph 2. Exclusions of SECTION I – COVERAGES: This insurance does not apply to any and all products manufactured, imported, sold, handled, distributed or disposed of by any insured containing Perfluoroalkyl and polyfluoroalkyl substances (PFAS), perfluorooctanoic acid (PFOA) or Perfluorooctanesulfonic acid (PFOS). DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CX ES 02 17 12 22 HSIC CX ES 02 17 12 22 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL FIREARMS EXCLUSION This endorsement changes modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE FORM This insurance does not apply to: ”Injury or damage” arising out of, resulting from or in any way connected to, in whole or in part, the use of or failure to use any firearm(s). DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB IFG-I-0002 08 21 INSURANCE POLICY of The Burlington Insurance Company A Stock Company Home Office, Administrative Office and Claim Office City Place II, 185 Asylum Street, 7th Floor, Hartford, CT 06103 Tel. 860-723-4150 or Toll Free 1-800-328-8719 In Witness Whereof, we have caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless countersigned by our authorized representatives. _______________________________ Secretary _________________________________ President DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB COMMERCIAL EXCESS LIABILITY DECLARATIONS Policy Number: 263BE08231 Renewal of: IFG-FB-000a 11 20 Page 1 of 2 New THE BURLINGTON INSURANCE COMPANY Home Office, Administrative Office and Claim Office City Place II, 185 Asylum Street, 7th Floor, Hartford, CT 06103 ITEM 1. NAMED INSURED AND MAILING ADDRESS Producing Broker The Swimming Swan, LLC 903 Pasel Del Lago Fallbrook, CA 92028 ITEM 2. POLICY PERIOD Effective Date: 05/26/2023 12:01 A.M.Expiration Date: 05/26/2024 12:01 A.M. Standard Time at your mailing address shown above ITEM 3. In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. ITEM 4. EXCESS POLICY LIMITS OF INSURANCE ITEM 5. PREMIUM Each Occurrence Limit:$ 5,000,000 Excess Liability Premium $ 10,000 Aggregate Limit:$ 5,000,000 Terrorism Risk Insurance Act Premium N/A Which is Part Of:Total Policy Premium or Deposit Premium $ 10,000 Other Charges (if applicable) ITEM 6. PREMIUM AUDIT PERIOD (if applicable)Total Other Charges N/A Annual Other (specify)TOTAL AMOUNT DUE $ 10,000 Rating Basis:N/A Premium Basis:N/A Premium is:Policy Minimum Premium Rate is:N/A Flat $ 10,000 In the event you cancel this policy, we will retain Rate:N/A ITEM 7. Forms and Endorsements application to this policy: See “Listing or Forms and Endorsements” (IFG-I- 0150) THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORM(S) AND ANY ENDORSEMENT(S), COMPLETE THE ABOVE NUMBERED POLICY. This insurance is issued pursuant to the California Insurance Code, Sections 1760 through 1780, and is placed in an insurer or insurers not holding a Certificate of Authority from or regulated by the California Insurance Commissioner Countersigned Date:By: Issue Date:06/07/2023 Authorized Representative R-T Specialty Insurance Services, LLC 2601 Main St., Suite 450 Irvine, CA 92614 Producer Code: 0263 Co. Use: DMP SL License: 0G97516 a minimum premium. See BG-I-015 Surplus Lines Tax 300.00 Stamping Fee 18.00 DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB IFG-FB-000a 11 20 Insured Copy Page 2 of 2 Named Insured: The Swimming Swan, LLC Policy Number: 263BE08231 SCHEDULE OF “CONTROLLING UNDERLYING INSURANCE” COVERAGE: COMMERCIAL EXCESS LIABILITY Insurance Company:Houston Specialty Insurance Company Policy Number:ESB-HS-CX-0000172-00 Policy Period:Effective:05/26/2023 Expiration:05/26/2024 Each Occurrence Limit:$5,000,000 Aggregate Limit:$5,000,000 DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB POLICY NUMBER: 263BE08231 POLICY PERIOD: 05/26/2023 05/26/2024 Effective Date Expiration Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LISTING OF FORMS AND ENDORSEMENTS This listing forms a part of the following: NUMBER TITLE IFG-I-0150 03 03 Page 1 of 2 Commercial Excess Liability Policy Cover Page Name Title IFG-I-0002 08 21 Policy Cover Page Interline Name Title D-2 01 20 California Surplus Lines Notice IFG-I-0408 01 17 California Service of Suit Amendment BG-I-015 03 17 25% Minimum Earned Premium IFG-I-1004 11 21 Exclusion - Cyber Incident Commercial Excess Liability Name Title IFG-FB-000a 11 20 Commercial Excess Liability Declarations IFG-FX-0001 07 17 Commercial Excess Liability Coverage Form CX 21 10 04 13 Limitation Of Coverage To Designated Premises Or Project IFG-FX-0230 01 21 Exclusion - Terrorism Outside USA IFG-FX-0231 01 21 Auto - Excl. of Terrorism CX 21 01 09 08 Nuclear Energy Liability Exclusion Endorsement CX 21 11 04 13 Exclusion - Abuse Or Molestation CX 21 17 04 13 Exclusion - Communicable Disease CX 21 19 04 13 Exclusion - Employment-Related Practices CX 21 20 04 13 Exclusion - Professional Services IFG-FX-0012 07 17 Exclusion - Auto Liability IFG-FX-0019 07 17 Exclusion - Employer's Liability IFG-FX-0027 07 17 Exclusion - Aircraft Products And Grounding, Including Unmanned Aircraft Or Unmanned Aerial Vehicle IFG-FX-0028 07 22 Excl-Damage To Property DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB POLICY NUMBER: 263BE08231 POLICY PERIOD: 05/26/2023 05/26/2024 Effective Date Expiration Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LISTING OF FORMS AND ENDORSEMENTS This listing forms a part of the following: NUMBER TITLE IFG-I-0150 03 03 Page 2 of 2 Commercial Excess Liability Policy IFG-FX-0036 11 21 Exclusion - Lead Bearing Substance IFG-FX-0039 07 17 Exclusion - ERISA IFG-FX-0043 11 21 Exclusion - Assault, Battery Or Other Physical Altercation IFG-FX-0044 07 17 Exclusion - Recall Of Products, Work or Impaired Property IFG-FX-0063 07 17 Exclusion - Fungi or Bacteria IFG-FX-0064 07 17 Exclusion - Punitive Damages IFG-FX-0067 07 17 Exclusion - Intellectual Property IFG-FX-0071 07 17 Exclusion - War IFG-FX-0076 07 17 Exclusion - Aircraft Liability IFG-FX-0077 07 17 Recording And Distribution Of Material Or Information In Violation Of Law Exclusion IFG-FX-0078 11 21 Exclusion - Asbestos Or Asbestos-Related Dust IFG-FX-0097 07 17 Exclusion - Injury To Independent Contractors/Subcontractors IFG-FX-0099 07 17 Limitation - Independent Contractors/Subcontractors IFG-FX-0103 05 16 Amendment of Premium Conditions IFG-FX-0131 07 17 Exclusion - Discrimination IFG-FX-0140 07 17 Exclusion - Breach Of Contract IFG-FX-0145 03 21 Exclusion - Toxic Substances IFG-FX-0163 04 15 Exclusion - Cross Suits - Named Insured Versus Named Insured IFG-FX-0169 07 17 Total Pollution Exclusion IFG-FX-0188 11 21 Exclusion - Silica Or Silica-Related Dust IFG-FX-0221 03 22 Anti-Stacking Of Limits IFG-FX-0225 03 21 NY-Excl -- Any Constr or Contr DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB NOTICE: 1. THE INSURANCE POLICY THAT YOU HAVE PURCHASED IS BEING ISSUED BY AN INSURER THAT IS NOT LICENSED BY THE STATE OF CALIFORNIA. THESE COMPANIES ARE CALLED "NONADMITTED" OR "SURPLUS LINE" INSURERS. 2. THE INSURER IS NOT SUBJECT TO THE FINANCIAL SOLVENCY REGULATION AND ENFORCEMENT THAT APPLY TO CALIFORNIA LICENSED INSURERS. 3. THE INSURER DOES NOT PARTICIPATE IN ANY OF THE INSURANCE GUARANTEE FUNDS CREATED BY CALIFORNIA LAW. THEREFORE, THESE FUNDS WILL NOT PAY YOUR CLAIMS OR PROTECT YOUR ASSETS IF THE INSURER BECOMES INSOLVENT AND IS UNABLE TO MAKE PAYMENTS AS PROMISED 4. THE INSURER SHOULD BE LICENSED EITHER AS A FOREIGN INSURER IN ANOTHER STATE IN THE UNITED STATES OR AS A NON-UNITED STATES (ALIEN) INSURER. YOU SHOULD ASK QUESTIONS OF YOUR INSURANCE AGENT, BROKER, OR "SURPLUS LINE" BROKER OR CONTACT THE CALIFORNIA DEPARTMENT OF INSURANCE AT THE TOLL-FREE NUMBER 1-800-927-4357 OR INTERNET WEBSITE WWW.INSURANCE.CA.GOV. ASK WHETHER OR NOT THE INSURER IS LICENSED AS A FOREIGN OR NON-UNITED STATES (ALIEN) INSURER AND FOR ADDITIONAL INFORMATION ABOUT THE INSURER. YOU MAY ALSO VISIT THE NAIC'S INTERNET DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB WEBSITE AT WWW.NAIC.ORG. THE NAIC--THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS--IS THE REGULATORY SUPPORT ORGANIZATION CREATED AND GOVERNED BY THE CHIEF INSURANCE REGULATORS IN THE UNITED STATES. 5. FOREIGN INSURERS SHOULD BE LICENSED BY A STATE IN THE UNITED STATES AND YOU MAY CONTACT THAT STATE'S DEPARTMENT OF INSURANCE TO OBTAIN MORE INFORMATION ABOUT THAT INSURER. YOU CAN FIND A LINK TO EACH STATE FROM THIS NAIC INTERNET WEBSITE: HTTPS://NAIC.ORG/STATE_WEB_MAP.HTM. 6. FOR NON-UNITED STATES (ALIEN) INSURERS, THE INSURER SHOULD BE LICENSED BY A COUNTRY OUTSIDE OF THE UNITED STATES AND SHOULD BE ON THE NAIC'S INTERNATIONAL INSURERS DEPARTMENT (IID) LISTING OF APPROVED NONADMITTED NON- UNITED STATES INSURERS. ASK YOUR AGENT, BROKER, OR “SURPLUS LINE” BROKER TO OBTAIN MORE INFORMATION ABOUT THAT INSURER. 7. CALIFORNIA MAINTAINS A "LIST OF APPROVED SURPLUS LINE INSURERS (LASLI)." ASK YOUR AGENT OR BROKER IF THE INSURER IS ON THAT LIST, OR VIEW THAT LIST AT THE INTERNET WEBSITE OF THE CALIFORNIA DEPARTMENT OF INSURANCE: WWW.INSURANCE.CA.GOV/01-CONSUMERS/120- COMPANY/07-LASLI/LASLI.CFM. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 8. IF YOU, AS THE APPLICANT, REQUIRED THAT THE INSURANCE POLICY YOU HAVE PURCHASED BE EFFECTIVE IMMEDIATELY, EITHER BECAUSE EXISTING COVERAGE WAS GOING TO LAPSE WITHIN TWO BUSINESS DAYS OR BECAUSE YOU WERE REQUIRED TO HAVE COVERAGE WITHIN TWO BUSINESS DAYS, AND YOU DID NOT RECEIVE THIS DISCLOSURE FORM AND A REQUEST FOR YOUR SIGNATURE UNTIL AFTER COVERAGE BECAME EFFECTIVE, YOU HAVE THE RIGHT TO CANCEL THIS POLICY WITHIN FIVE DAYS OF RECEIVING THIS DISCLOSURE. IF YOU CANCEL COVERAGE, THE PREMIUM WILL BE PRORATED AND ANY BROKER'S FEE CHARGED FOR THIS INSURANCE WILL BE RETURNED TO YOU. D-2 01 20 DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IFG-I-0408 01 17 Page 1 of 1 CALIFORNIA SERVICE OF SUIT AMENDMENT ~|"Index:FormName":="IFG-I-0408 01 17"|~ ~|"Image:XDisplace":="-0.25"|~ The Company has designated the following resident agent to be its true and lawful attorney upon whom may be served all lawful process in any action, suit or proceeding in the State of California. ~|"Image:YDisplace":="-0.1875"|~ Ms. Karissa Lowry Corporation Service Company Which Will Do Business in California as CSC-Lawyers Incorporating Service 2710 Gateway Oaks Drive Suite 150N Sacramento, CA 95833 All other terms and conditions of this Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BG-I-015 03 17 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 25% MINIMUM EARNED PREMIUM This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL EXCESS LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART GARAGE COVERAGE FORM LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART If the first Named Insured or anyone with his, her, its or their power of attorney cancels this policy, then the minimum earned premium shall be 25% of the annual premium or $100.00, whichever is greater. All other terms and conditions of this Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IFG-I-1004 11 21 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 3 EXCLUSION – CYBER INCIDENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS-COMPLETED OPERATIONS COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE LIQUOR LIABILITY COVERAGE PART COMMERCIAL EXCESS LIABILITY COVERAGE PART AUTO DEALERS COVERAGE FORM GARAGE COVERAGE FORM A.The following exclusion is added to the Exclusions section of all coverages under all forms and endorsements that comprise this Coverage Part, Coverage Form, endorsement, or Policy and supersedes any contradictory exclusion in the Coverage Part, Coverage Form, endorsement, or Policy to which this coverage applies. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to the "injury or damage". Exclusion – Cyber Incident: We will not pay for any "injury or damage" because of, caused by, arising or resulting, directly or indirectly, in whole or in part from a "cyber incident". 1.As used in this exclusion "cyber incident" means: (a)Unauthorized access to, acquisition, processing, storage, use, dissemination, publication, disclosure, or diversion of; or (b)Exceeding authorized use, misuse, alteration, misappropriation, theft, loss, loss of use, corruption or impairment of, damage to, inability to access, failure to provide access to, failure to remove or rectify, failure to destroy, failure to protect or secure (including, but not limited to, failure to encrypt), or inability to manipulate; any person's or organization's confidential information or personal information including, but not limited to, patents, trade secrets, processing methods, customer or customer related information (including, but not limited to, customer lists), business plans or records, financial information, personally identifiable information, payment card information (including, but not limited to, credit, debit, or stored value cards), medical or health information, or any other type or combination of types of personal data or nonpublic information, whether such data or information is "electronic data" or in any other form or media, or any "computer system"; or 2.Malicious code, virus, or any other harmful or unauthorized code that is directed at, enacted upon, or introduced into any "computer system" and is designed to access, alter, corrupt, damage, delete, destroy, disrupt, encrypt, exploit, use, prevent or restrict access to, or the use of "electronic data" or any part of any "computer system", or otherwise disrupt its normal functioning, use, or operation; or 3.Denial of service attack, denial of access to, denial or interruption of service, degradation, loss, loss of use, misappropriation, transmission, unauthorized use or access, misuse, delay, alteration, diversion, failure, destruction, corruption or impairment of, damage to, or inability to access, operate, host, use, manage, control or interface with, any "computer system", including any insured's, other person's, or organization's "computer system"; or DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB Page 2 of 3 Includes copyrighted material of ISO Properties, Inc., with its permission. IFG-I-1004 11 21 4.Collection, sale, dissemination, publication, or disclosure of any person's or organization's confidential information, personal information, or personal data, including, but not limited to, patents, trade secrets, processing methods, customer or customer related information (including, but not limited to, customer lists), business plans or records, financial information, personally identifiable information, payment card information (including, but not limited to, credit, debit, or stored value cards), medical or health information, or any other type or combination of types of personal data or nonpublic information, whether such data or information is "electronic data" or in any other form or media, or any "computer system"; or 5.Loss, loss of use, corruption, or disruption of, damage to, or inability to access or alter "electronic data" or a "computer system"; or 6.Transfer, payment, or delivery of money or any form of currency, including virtual currency, in response to a fraudulent instruction or demand; or 7.Demand for ransom payments or other extortion made in connection with the actual or threatened perpetration of any of the events described in A.1. – 6. B.This exclusion applies even if "injury or damage" is claimed for any remediation measures (including, but not limited to, notification costs or credit monitoring), payment card replacement costs, business interruption, investigation, mitigation or restoration expenses, fines or penalties, public relations expenses, or any other damage, injury, cost, or expense because of, caused by, arising or resulting from, directly or indirectly, in whole or in part from a "cyber incident". C.This exclusion applies to any liability or "injury or damage" because of, caused by, arising or resulting directly or indirectly, in whole or in part any failure (including, but not limited to, failure to timely or properly act) to notify of, disclose, prepare for, respond to, protect against, remediate, mitigate, or comply with any statutory, regulatory, contractual, common law, or other legal obligation relating to a "cyber incident". D.This exclusion applies regardless of the cause or source of any "injury or damage" or the legal theory asserted, including, but not limited to, occurrences or offenses reported, claims made, or "suits" brought against any insured alleging breach of contract, misrepresentation, unfair or deceptive trade practices, defamation, violation of a person's right to privacy, violation of an intellectual property right (including, but not limited to, copyright, trademark or patent infringement), negligence, failure to comply with a legal obligation, or any other wrongdoing, including, but not limited to, the investigation, supervision, hiring, employment, training, or monitoring of others or the investigation, supervision, monitoring, or intervention with respect to "electronic data", "computer systems" or premises, by any insured or by any other person or organization acting for or on behalf of any insured. E.We will have no duty to investigate or defend any claim or "suit" that alleges, or is because of, caused by, arises or results, directly or indirectly, in whole or in part from a "cyber incident" as defined in Paragraph A.1. – 7. of this endorsement. F.For the purposes of this exclusion, the following are added to the Definitions section and supersede any contradictory definitions in the Coverage Part, Coverage Form, endorsement, or Policy: "Electronic data" means: Information, facts, files, or computer programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, on hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, or any other repositories of computer software, including, but not limited to, those which are used with electronically controlled equipment or any other "computer systems". "Computer systems" means: (a)Computer software, firmware, hardware and associated input and output devices (including wireless, mobile, peripheral or component devices), data storage and data processing devices, networking equipment, and backup facilities, including cloud computing devices and facilities; and (b)Any computer network, network interface, or network of devices or hardware, including, but not limited to, communication networks or devices, computer-controlled devices, operating and control systems; websites or domains; intranets, extranets, the internet or any other internal or external networks (including, but not limited to, cloud computing). DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB IFG-I-1004 11 21 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 3 of 3 "Injury or damage" means any injury, damages, loss, cost, or expense, including, but not limited to, "bodily injury", "property damage", "personal or advertising injury", "covered pollution cost or expenses", "damages", "injury", "loss", or "ultimate net loss" as defined or referenced in the Coverage Part, Coverage Form, endorsement, or Policy to which this exclusion applies. All other terms and conditions of the Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB COMMERCIAL EXCESS LIABILITY IFG-FX-0001 07 17 IFG-FX-0001 07 17 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 7 COMMERCIAL EXCESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under the "controlling underlying insurance". Other words and phrases that appear in quotation marks in this Coverage Part have special meaning. Refer to Section IV – Definitions. Other words and phrases that are not defined under this Coverage Part but are defined in the "controlling underlying insurance" will have the meaning described in the policy of "controlling underlying insurance". The insurance provided under this Coverage Part will follow the same provisions, exclusions and limitations that are contained in the applicable "controlling underlying insurance", unless otherwise directed by this insurance. To the extent such provisions differ or conflict, the provisions of this Coverage Part will apply. However, the coverage provided under this Coverage Part will not be broader than that provided by the applicable "controlling underlying insurance". There may be more than one "controlling underlying insurance" listed in the Declarations and provisions in those policies conflict, and which are not superseded by the provisions of this Coverage Part. In such a case, the provisions, exclusions and limitations of the "controlling underlying insurance" applicable to the particular "event" for which a claim is made or suit is brought will apply. SECTION I – COVERAGES 1. Insuring Agreement a.We will pay on behalf of the insured the "ultimate net loss" in excess of the "retained limit" because of "injury or damage" to which insurance provided under this Coverage Part applies. We will have the right and duty to defend the insured against any suit seeking damages for such "injury or damage" when the applicable "retained limits" of "controlling underlying insurance" have been exhausted solely by the payment of the "retained limit" by the "controlling underlying insurer" in accordance with the provisions of such "controlling underlying insurance". Such payments must be made in satisfaction of judgment or settlements under the "controlling underlying insurance" in the full amount of the "controlling underlying insurance". When we have no duty to defend, we may exercise the right to defend at our own expense, or to participate in the defense of, the insured at the expense of the "controlling underlying insurer" against any suit seeking damages for "injury or damage". However, we will have no duty to defend the insured against any suit seeking damages for which insurance under this policy does not apply or when the "retained limit" of the "controlling underlying insurance" has not been exhausted by actual payment of the full amount of the "retained limit" by either the insured or the "controlling underlying insurer(s)". At our discretion, we may investigate any "event" that may involve this insurance and settle any resultant claim or suit, for which we have the duty to defend. But: (1)The amount we will pay for "ultimate net loss" is limited as described in Section II – Limits Of Insurance; and (2)Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under this Coverage Part. However, if the policy of "controlling underlying insurance" specifies that limits are reduced by defense expenses, our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of defense expenses, judgments or settlements under this Coverage Part. b.This insurance applies to "injury or damage" that is subject to an applicable "retained limit". If any other limit, such as a sublimit, is specified in the "controlling underlying insurance", this insurance does not apply to "injury or damage" arising out of that exposure unless that specific sublimit is specified in the Declarations under the Schedule of "controlling underlying insurance". DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB IFG-FX-0001 07 17 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 2 of 7 c.If the "controlling underlying insurance" requires, for a particular claim, that the "injury or damage" occur during its policy period in order for that coverage to apply, then this insurance will only apply to that "injury or damage" if it occurs during the policy period of this Coverage Part. If the "controlling underlying insurance" requires that the "event" causing the particular "injury or damage" takes place during its policy period in order for that coverage to apply, then this insurance will apply to the claim only if the "event" causing that "injury or damage" takes place during the policy period of this Coverage Part. d.Any additional insured under any policy of "controlling underlying insurance" will automatically be an additional insured under this insurance. If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance required by the contract, less any amounts payable by any "controlling underlying insurance". Additional insured coverage provided by this insurance will not be broader than coverage provided by the "controlling underlying insurance" and will be subject to the Other Insurance condition of this Coverage Part. 2. Exclusions The following exclusions, and any other exclusions added by endorsement, apply to this Coverage Part. In addition, the exclusions applicable to any "controlling underlying insurance" apply to this insurance unless superseded by the following exclusions, or superseded by any other exclusions added by endorsement to this Coverage Part. Insurance provided under this Coverage Part does not apply to: a. Medical Payments Medical payments coverage or expenses that are provided without regard to fault, whether or not provided by the applicable "controlling underlying insurance". b. Auto Any loss, cost or expense payable under or resulting from any of the following auto coverages: (1)First-party physical damage coverage; (2)No-fault coverage; (3)Personal injury protection or auto medical payments coverage; or (4)Uninsured or underinsured motorists' coverage. c. Pollution (1)"Injury or damage" caused by or arising, directly or indirectly, in whole or in part, out of the actual, alleged or threatened discharge, dispersal, disposal, seepage, migration, release or escape of "pollutants" at any time. (2)Any loss, cost or expense caused by or arising, directly or indirectly, in whole or in part out of any: (a)Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b)Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". This exclusion applies whether or not such "pollutants" have any function in your business, operations, premises, site or location or constitutes your product or is a component of your product or products you use. This exclusion does not apply to the extent that valid "controlling underlying insurance" for the "pollution" liability risks described above exists or would have existed but for the exhaustion of underlying limits for "injury or damage" covered under this Coverage Part. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. SECTION II – 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 number of vehicles involved; c.Persons or organizations making claims or bringing suits; or d.Limits available under any "controlling underlying insurance". 2.The Limits of Insurance of this Coverage Part will apply as follows: DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB IFG-FX-0001 07 17 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 3 of 7 a.This insurance only applies in excess of the "retained limit". b.The Aggregate Limit is the most we will pay for the sum of all "ultimate net loss", for all "injury or damage" covered under this Coverage Part. However, this Aggregate Limit only applies to "injury or damage": (1)that is subject to an aggregate limit of insurance under the "controlling underlying insurance"; and (2)to which insurance provided under this Coverage Part applies. c.Subject to Paragraph 2.b. above, the Each Occurrence Limit is the most we will pay for the sum of all "ultimate net loss" under this insurance because of all "injury or damage" arising out of any one "event" and to which insurance provided under this Coverage Part applies. d.If the Limits of Insurance of the "controlling underlying insurance" are reduced by defense expenses by the terms of that policy, any payments for defense expenses we make will reduce our applicable Limits of Insurance in the same manner. 3.If any "controlling underlying insurance" has a policy period that is different from the policy period of this Coverage Part then, for the purposes of this insurance, the "retained limit" will only be reduced or exhausted by payments made for "injury or damage" covered under this insurance. The Aggregate Limit of this Coverage Part applies separately to each consecutive annual period of this Coverage Part and to any remaining period of this Coverage Part 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 III – CONDITIONS The following conditions apply. In addition, the conditions applicable to any "controlling underlying insurance" are also applicable to the coverage provided under this insurance unless superseded by the following conditions. 1. Appeals If the "controlling underlying insurer" or insured elects not to appeal a judgment in excess of the amount of the "retained limit", we may do so at our own expense. We will also pay for taxable court costs, pre- and postjudgment interest and disbursements associated with such appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in Section II – Limits Of Insurance. 2. Bankruptcy a. Bankruptcy Of Insured Bankruptcy, insolvency, rehabilitation or liquidation of, or financial inability to pay by the insured or the insured's estate will not relieve us of our obligations under this Coverage Part provided the "retained limit" has been exhausted solely by the actual payment of the full amount of the "retained limit" by the "controlling underlying insurer(s)", the insured, or the insured's estate. Our obligation under this Coverage Part will only apply to the "ultimate net loss" in excess of the "retained limit". b. Bankruptcy Of Controlling Underlying Insurer Bankruptcy, insolvency, rehabilitation or liquidation of, or inability or refusal to pay by the "controlling underlying insurer" will not relieve us of our obligations under this Coverage Part provided the "retained limit" is exhausted as set forth in paragraph 2.c. below. c. No Drop Down/No Gap-Filling Insurance provided under this Coverage Part will not drop down or replace any "controlling underlying insurance": (1)in the event of bankruptcy, insolvency, rehabilitation or liquidation of, or inability or refusal to pay the "retained limit" by the "controlling underlying insurer(s)", the insured or the insured's estate; or (2)if the "controlling underlying insurance" is exhausted by payment of losses not covered by insurance provided under this Coverage Part. In the event of the bankruptcy, insolvency, rehabilitation or liquidation of, or inability or refusal of the "controlling underlying insurer(s)" to pay the "retained limit" or defense costs if outside the limit of liability of the "controlling underlying insurance", the insured will be obligated to pay that amount of the "retained limit" or defense costs not actually paid by the "controlling underlying insurer(s)". DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB IFG-FX-0001 07 17 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 4 of 7 In no event will our obligations under this Coverage Part be expanded by the loss of or partial payment of the "retained limit" by the "controlling underlying insurer" or its successor or assigns or any state guarantee fund or liquidation bureau. 3. Duties In The Event Of An Event, Claim Or Suit a.You must see to it that we are notified as soon as practicable of an "event", regardless of the amount, which may result in a claim under this insurance. To the extent possible, notice should include: (1)How, when and where the "event" 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 "event". b.If a claim is made or suit is brought against any insured, you must: (1)Immediately record the specifics of the claim or suit and the date received; and (2)Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c.You and any other insured involved must: (1)Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or suit; (2)Authorize us to obtain records and other information; (3)Cooperate with us in the investigation or settlement of the claim or defense against the suit; and (4)Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of "injury or damage" to which this insurance may also apply. d.No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 4. First Named Insured Duties The first Named Insured is the person or organization first named in the Declarations and is responsible for the payment of all premiums. The first Named Insured will act on behalf of all other Named Insureds for giving and receiving of notice of cancellation or the receipt of any return premium that may become payable. At our request, the first Named Insured must furnish us, within 60 days, with a complete copy of any "controlling underlying insurance" and any subsequently issued endorsements or policies which may in any way affect the insurance provided under this Coverage Part. 5. Cancellation a.The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. b.We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: (1)10 days before the effective date of cancellation if we cancel for nonpayment of premium; or (2)30 days before the effective date of cancellation if we cancel for any other reason. c.We will mail or deliver our notice to the first Named Insured's last mailing address known to us. d.Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e.If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. f.If notice is mailed, proof of mailing will be sufficient proof of notice. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB IFG-FX-0001 07 17 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 5 of 7 6. Changes This Coverage Part contains all the agreements between you and us concerning the insurance afforded. The first Named Insured is authorized by all other insureds to make changes in the terms of this Coverage Part with our consent. If we exercise our right to request a complete copy of any "controlling underlying insurance" and any subsequently issued endorsements or policies which may in any way affect the insurance provided under this Coverage Part, we reserve the right to make changes to the terms of this Coverage Part. This Coverage Part's terms can be amended or waived only by endorsement. 7. Maintenance Of/Changes To Controlling Underlying Insurance Any "controlling underlying insurance", including any renewals or replacements, must be maintained in full effect without reduction of coverage or "retained limits" except for the reduction of aggregate limits in accordance with the provisions of such "controlling underlying insurance" that results from "injury or damage" to which this insurance under this Coverage Part applies. Such exhaustion or reduction is not a failure to maintain "controlling underlying insurance". Failure to maintain "controlling underlying insurance" will not invalidate insurance provided under this Coverage Part, but insurance provided under this Coverage Part will apply as if the "controlling underlying insurance" were in full effect at the time the "event" took place and is subsequently exhausted solely by the payment of the "retained limit". Such "retained limit" will be equal to the full amount of "controlling underlying insurance" and such payment has been made to the claimant(s) or plaintiff(s). The first Named Insured must notify us in writing, as soon as practicable, if any "controlling underlying insurance" is cancelled, not renewed, replaced or otherwise terminated, or if the limits or scope of coverage of any "controlling underlying insurance" is changed. These changes will not apply to our policy unless we agree to them in writing. 8. Other Insurance a.This insurance is excess over, and shall not contribute with any of the other insurance, whether primary, excess, contingent, or issued to an additional insured, or on any other basis. If the insured is named as or qualifies as an additional insured on any other policy, whether primary or excess, such other insurance is primary to this insurance and may not be applied to reduce or exhaust the "retained limit". The "retained limit" may be reduced or exhausted only by actual payment of the "retained limit" by the "controlling underlying insurer," the insured or the insured's estate. This condition will not apply to insurance specifically written as excess over this Coverage Part. When this insurance is excess, if no other insurer defends, we may undertake to do so, but we will be entitled to the insured's rights against all those other insurers. b.When this insurance is excess over other insurance, we will pay only our share of the "ultimate net loss" that exceeds the sum of: (1)The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part; and (2)The total of all deductible and self-insured amounts under all that other insurance. 9. Premium Audit a.We will compute all premiums for this Coverage Part in accordance with our rules and rates. b.If this policy is auditable, the premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period, we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit premium is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c.The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 10.Loss Payable Liability under this Coverage Part does not apply to a given claim unless and until: DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB IFG-FX-0001 07 17 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 6 of 7 a.The insured or the "controlling underlying insurer" has become obligated to pay and has actually paid the full amount of the "retained limit"; b.All applicable other insurance has been exhausted; and c.The obligation of the insured to pay "ultimate net loss" in excess of the "retained limit" has been determined by a final judgment or settlement by the insured with the written consent of us, such consent not to be unreasonably withheld. 11.Legal Action Against Us No person or organization has a right under this Coverage Part: a.To join us as a party or otherwise bring us into a suit asking for damages from an insured; or b.To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured, "controlling underlying insurer" and the claimant or the claimant's legal representative. 12.Transfer Of Defense a. Defense Transferred To Us When the limits of "controlling underlying insurance" have been exhausted, in accordance with the provisions of "controlling underlying insurance", we may elect to have the defense transferred to us. We will cooperate in the transfer of control to us of any outstanding claims or suits seeking damages to which this insurance applies and which would have been covered by the "controlling underlying insurance" had the applicable limit not been exhausted. b. Defense Transferred By Us When our limits of insurance have been exhausted our duty to provide a defense will cease. We will cooperate in the transfer of control of defense to any insurer specifically written as excess over this Coverage Part of any outstanding claims or suits seeking damages to which this insurance applies and which would have been covered by the "controlling underlying insurance" had the applicable limit not been exhausted. In the event that there is no insurance written as excess over this Coverage Part, we will cooperate in the transfer of control to the insured and its designated representative. 13.When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION IV – DEFINITIONS The definitions applicable to any "controlling underlying insurance" also apply to this insurance. In addition, the following definitions apply. 1."Controlling underlying insurance" means any policy of insurance or self-insurance listed in the Declarations under the Schedule of "controlling underlying insurance". 2."Controlling underlying insurer" means any insurer who provides any policy of insurance listed in the Declarations under the Schedule of "controlling underlying insurance". 3."Event" means an occurrence, offense, accident, act, or other event, to which the applicable "controlling underlying insurance" applies. 4."Injury or damage" means any injury or damage, covered in the applicable "controlling underlying insurance" arising from an "event". 5."Pollutants" mean any solid, liquid, gaseous, bacterial, fungal, or thermal substance or material, that is harmful, toxic or hazardous to persons, plants, animals, wildlife or other living organisms or can cause contamination to property, air, land or water, which includes but is not limited to smoke, vapor, soot, fumes, acids, alkalis, chemicals, mineral spirits, solvents, insecticides, pesticides, fungicides, motor fuels, gasoline, diesel fuel, motor oil or any other petroleum based product, brake fluid, transmission fluid, antifreeze, lead paint, or other lead containing substances, carbon monoxide fumes or other exhaust gases, welding fumes, paint fumes, adhesive or glue fumes, asbestos, silica, human or animal sewage and waste. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB IFG-FX-0001 07 17 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 7 of 7 Waste includes but is not limited to materials to be recycled, reconditioned or reclaimed. A pollutant also includes any substance or material listed, identified or described in any municipal, state or federal environmental statute or regulation that applies to the production, shipping, handling, storage, use, processing, recycling or disposal of such substance or material. 6."Retained limit" means the available limits of "controlling underlying insurance" applicable to the claim, excluding any deductible paid or self-insured retention under the "controlling underlying insurance" which must be satisfied in accordance with the provisions of that policy before any obligation to pay an "ultimate net loss". The "retained limit" does not include: a.any losses excluded by this Coverage Part; or b. any defense expenses unless the "controlling underlying insurance" specifies that limits are reduced by defense expenses. 7."Ultimate net loss" means the total sum, of damages covered under this Coverage Part, after reduction for recoveries, or salvages collectible, that the insured becomes legally obligated to pay as damages by reason of: a.Settlements, judgments, binding arbitration; or b.Other binding alternate dispute resolution proceeding entered into with our consent. "Ultimate net loss" includes defense expenses if the "controlling underlying insurance" specifies that limits are reduced by defense expenses. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB POLICY NUMBER: 263BE08231 COMMERCIAL EXCESS LIABILITY CX 21 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CX 21 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 LIMITATION OF COVERAGE TO DESIGNATED PREMISES OR PROJECT This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART SCHEDULE Premises: City of Gilroy Christopher High School Aquatics Center Project: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Insurance provided under this Coverage Part applies only to "injury or damage" arising out of: 1.The ownership, maintenance or use of the premises shown in the Schedule and operations necessary or incidental to those premises; or 2.The project shown in the Schedule. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IFG-FX-0230 01 21 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 2 EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART Any endorsement addressing acts of terrorism (however defined) in any "controlling underlying insurance" does not apply to this excess insurance. The following provisions addressing acts of terrorism apply with respect to this excess insurance: A.The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions TERRORISM Any "injury or damage" caused by or arising, directly or indirectly, in whole or in part out of a "certified act of terrorism", or out of an "other act of terrorism" that is committed outside of the United States (including its territories and possessions and Puerto Rico), but within the coverage territory. However, with respect to an "other act of terrorism", this exclusion applies only when one or more of the following are attributed to such act: 1.The total of insured damage to all types of property exceeds $25,000,000 (valued in US dollars). In determining whether the $25,000,000 threshold is exceeded, we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions; or 2.Fifty or more persons sustain death or serious physical injury. For the purposes of this provision, serious physical injury means: a.Physical injury that involves a substantial risk of death; or b.Protracted and obvious physical disfigurement; or c.Protracted loss of or impairment of the function of a bodily member or organ; or 3.The terrorism involves the actual, alleged, threatened, or attempted use, release, escape, dispersal or application of nuclear materials or directly or indirectly results in nuclear reaction or radiation or radioactive contamination; or 4.Nuclear or radioactive materials are released and it is reasonably believed by us that one purpose of the terrorism was to release such materials; or 5.The terrorism is carried out by means of the actual, alleged, threatened, or attempted use, release, escape, dispersal or application of pathogenic or poisonous biological or chemical materials; or 6.Pathogenic or poisonous biological or chemical materials are released and it is reasonably believed by us that one purpose of the terrorism was to release such materials. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the providing or failure to provide warnings, protection, or safeguards against such acts. With respect to this exclusion, Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an "other act of terrorism" and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. B.For the purposes of this endorsement, the following is added to the Definitions section: DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB Page 2 of 2 Includes copyrighted material of ISO Properties, Inc., with its permission. IFG-FX-0230 01 21 1."Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: a.The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; b.The act resulted in damage: (1)Within the United States (including its territories and possessions and Puerto Rico); or (2)Outside of the United States in the case of: (a)An air carrier (as defined in Section 40102 of title 49, United States Code) or United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), regardless of where the loss occurs; or (b)The premises of any United States mission; and c.The act is a violent act or an act that is dangerous to human life, property, or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 2. "Other act of terrorism" means a violent act or an act that is dangerous to human life, property, or infrastructure that is committed by an individual or individuals and it is reasonably believed by us to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion, and the act is not a "certified act of terrorism". Multiple incidents of an "other act of terrorism" which occur within a 72-hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C.The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for "injury or damage" that is otherwise excluded under this Coverage Part. All other terms and conditions of this Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IFG-FX-0231 01 21 Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 2 AUTO COVERAGE – EXCLUSION OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART Any endorsement addressing acts of terrorism (however defined) in any "controlling underlying insurance" does not apply to this excess insurance. A.The provisions of this endorsement: 1.Apply only to any "injury or damage" caused by or arising, directly or indirectly, in whole or in part out of the ownership, maintenance, or use of any auto that is a covered auto under this Coverage Part; and 2.Supersede the provisions of any other endorsement addressing terrorism attached to this Coverage Part but only with respect to any "injury or damage" caused by or arising, directly or indirectly, in whole or in part out of the ownership, maintenance, or use of any auto that is a covered auto. B.The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions TERRORISM We will not pay for any "injury or damage" caused by or arising, directly or indirectly, in whole or in part out of an act of "terrorism", including action in hindering or defending against an actual or expected incident of "terrorism". Any "injury or damage" is excluded regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage. However, this exclusion applies only when one or more of the following are attributed to an act of "terrorism": 1.The "terrorism" involves the actual, alleged, threatened, or attempted use, release, escape, dispersal or application of nuclear materials or directly, or indirectly results in nuclear reaction, or radiation or radioactive contamination; or 2.Nuclear or radioactive materials are released and it is reasonably believed by us that one purpose of the "terrorism" was to release such materials; or 3.The "terrorism" is carried out by means of the actual, alleged, threatened, or attempted use, release, escape, dispersal or application of pathogenic or poisonous biological or chemical materials; or 4.Pathogenic or poisonous biological or chemical materials are released and it is reasonably believed by us that one purpose of the "terrorism" was to release such materials; or 5.The total of insured damage to all types of property exceeds $25,000,000 (valued in US dollars). In determining whether the $25,000,000 threshold is exceeded, we will include all insured damage sustained by property of all persons and entities affected by the "terrorism" and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions; or 6.Fifty or more persons sustain death or serious physical injury. For the purposes of this provision, serious physical injury means: a.Physical injury that involves a substantial risk of death; or b.Protracted and obvious physical disfigurement; or c.Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of "terrorism" which occur within a 72-hour period and it is reasonably believed by us to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident, for the purpose of determining whether the thresholds in Paragraph B.5. or B.6. are exceeded. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the providing or failure to provide warnings, protection, or safeguards against such acts. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB Page 2 of 2 Includes copyrighted material of ISO Properties, Inc. with its permission. IFG-FX-0231 01 21 With respect to this exclusion, Paragraphs B.5. and B.6. describe the thresholds used to measure the magnitude of an incident of "terrorism" and the circumstances in which the threshold will apply, for the purpose of determining whether this exclusion will apply to that incident. When the exclusion applies to an incident of "terrorism", there is no coverage under this Coverage Part. In the event of any incident of "terrorism" that is not subject to this exclusion, coverage does not apply to any "injury or damage" that is otherwise excluded under this Coverage Part. C.For the purposes of this endorsement, the following is added to the Definitions section: 1."Terrorism" means acts against persons, organizations or property of any nature: a.That involve the following or preparation for the following: (1)Use or threat of force or violence; or (2)Commission or threat of a dangerous act; or (3)Commission or threat of an act that interferes with or disrupts an electronic, communication, information, or mechanical system; and b.When one or both of the following applies: (1)The effect is to intimidate or coerce a government or the civilian population or any segment thereof, or to disrupt any segment of the economy; or (2)It appears that the intent is to intimidate or coerce a government, or to further political, ideological, religious, social or economic objectives or to express (or express opposition to) a philosophy or ideology. All other terms and conditions of this Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB COMMERCIAL EXCESS LIABILITY CX 21 01 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CX 21 01 09 08 © ISO Properties, Inc., 2007 Page 1 of 2  NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2., Exclusions: 2. Exclusions NUCLEAR ENERGY LIABILITY a.Under any Liability Coverage, to "injury or damage": (1)With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2)Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. b.Under any Liability Coverage, to "injury or damage" resulting from "hazardous properties" of "nuclear material", if: (1)The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on behalf of, an insured or (b) has been discharged or dispersed therefrom; (2)The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an insured; or (3)The "injury or damage" arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility", but if such facility is located within the United States of America, its territories or possessions or Canada, this Exclusion (3) applies only to property damage to such "nuclear facility" and any property thereat. c.As used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "special nuclear material" or "by-product material". "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor". "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility". "Nuclear facility" means: (a)Any "nuclear reactor"; (b)Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel", or (3) handling, processing or packaging "waste"; DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB Page 2 of 2 © ISO Properties, Inc., 2007 CX 21 01 09 08  (c)Any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d)Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. "Injury or damage" includes all forms of radioactive contamination of property. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB COMMERCIAL EXCESS LIABILITY CX 21 11 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CX 21 11 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 EXCLUSION – ABUSE OR MOLESTATION This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to "injury or damage" arising out of: a.The actual or threatened abuse or molestation by anyone of any person while in the care, custody or control of any insured; or b.The negligent: (1)Employment; (2)Investigation; (3)Supervision; (4)Reporting to the proper authorities, or failure to so report; or (5)Retention; of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by Paragraph a. above. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB COMMERCIAL EXCESS LIABILITY CX 21 17 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CX 21 17 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 EXCLUSION – COMMUNICABLE DISEASE This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to: Communicable Disease "Injury or damage" arising out of the actual or alleged transmission of a communicable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the: a.Supervising, hiring, employing, training or monitoring of others that may be infected with and spread a communicable disease; b.Testing for a communicable disease; c.Failure to prevent the spread of the disease; or d.Failure to report the disease to authorities. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB COMMERCIAL EXCESS LIABILITY CX 21 19 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CX 21 19 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 EXCLUSION – EMPLOYMENT-RELATED PRACTICES This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to "injury or damage" to: a.A person arising out of any: (1)Refusal to employ that person; (2)Termination of that person's employment; or (3)Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or b.The spouse, child, parent, brother or sister of that person as a consequence of "injury or damage" to that person at whom any of the employment-related practices described in Paragraph (1), (2) or (3) above is directed. This exclusion applies whether the injury-causing event described in Paragraph (1), (2) or (3) above occurs before employment, during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity, and to any obligation to share damages with or repay someone else who must pay damages because of the injury. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB COMMERCIAL EXCESS LIABILITY CX 21 20 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CX 21 20 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 EXCLUSION – PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to "injury or damage" due to the rendering of or failure to render any professional service. This includes but is not limited to: a.Legal, accounting or advertising services; b.Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings or specifications; c.Inspection, supervision, quality control, architectural or engineering activities done by or for you on a project on which you serve as construction manager; d.Engineering services, including related supervisory or inspection services; e.Medical, surgical, dental, X-ray or nursing services treatment, advice or instruction; f.Any health or therapeutic service treatment, advice or instruction; g.Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement, or personal grooming or therapy; h.Any service, treatment, advice or instruction relating to physical fitness, including service, treatment, advice or instruction in connection with diet, cardiovascular fitness, bodybuilding or physical training programs; i.Optometry or optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; j.Body piercing services; k.Services in the practice of pharmacy; l.Law enforcement or firefighting services; and m.Handling, embalming, disposal, burial, cremation or disinterment of dead bodies. 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 "event" which caused the "injury or damage" involved the rendering of or failure to render any professional service. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IFG-FX-0012 07 17 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 EXCLUSION – AUTO LIABILITY This endorsement modifies insurance provided under the following: ~|"Index:FormName":="IFG-FX-0012 07 17"|~ COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to: Auto Liability Any "injury or damage" caused by or arising out of the ownership, maintenance, use, or entrustment to others of any auto. 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. All other terms and conditions of this Policy remain unchanged. ~|"Image:XDisplace":="-0.25"|~ ~|"Image:YDisplace":="-0.1875"|~ DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IFG-FX-0019 07 17 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 EXCLUSION – EMPLOYER'S LIABILITY ~|"Index:FormName":="IFG-FX-0019 07 17"|~ This endorsement modifies insurance provided under the following: ~|"Image:XDisplace":="-0.25"|~ ~|"Image:YDisplace":="-0.1875"|~ COMMERCIAL EXCESS LIABILITY COVERAGE PART A.The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to: Employer's Liability Any "injury or damage" to: a.An "employee", "leased worker", "temporary worker", "volunteer worker", statutory "employee", casual worker, or seasonal worker of any insured, or a person hired to do work for or on behalf of any insured or tenant of any insured, arising out of and in the course of: (1)Employment by any insured; or (2)Directly or indirectly performing duties related to the conduct of any insured's business; or b.The spouse, child, parent, brother or sister of that "employee", "leased worker", "temporary worker", "volunteer worker", statutory "employee", casual worker, or seasonal worker as a consequence of Paragraph a. above. This exclusion applies: a. Regardless of where the: 1.Services are performed; or 2.Bodily injury occurs; b.Whether any insured may be liable as an employer or in any other capacity; and c.To any obligation to share damages with or repay someone else who must pay damages because of the injury. B.The following are added to the Definitions Section: "Employee" means a person working for salary or wages, or any substitute for salary or wages, as compensation in any manner by any insured, under any contract of hire, express or implied, oral or written, where the insured, as employer, has the power or right to control and direct the employee. "Employee" includes a person hired by the hour, day or any other irregular or intermittent period. "Employee" includes a "leased worker" or "temporary worker". "Leased worker" means a person leased to any insured by a labor leasing firm under an agreement between any insured and the labor leasing firm, to perform duties related to the conduct of any insured's business. "Leased worker" does not include a "temporary worker". "Temporary worker" means a person who is furnished to any insured to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. "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. All other terms and conditions of this Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IFG-FX-0027 07 17 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 2 EXCLUSION - AIRCRAFT PRODUCTS AND GROUNDING, INCLUDING UNMANNED AIRCRAFT OR UNMANNED AERIAL VEHICLE ~|"Index:FormName":="IFG-FX-0027 07 17"|~ This endorsement modifies insurance provided under the following: ~|"Image:XDisplace":="-0.25"|~ ~|"Image:YDisplace":="-0.1875"|~ COMMERCIAL EXCESS LIABILITY COVERAGE PART A.The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to: Aircraft Products and Grounding, Including Unmanned Aircraft Or Unmanned Aerial Vehicle Any "injury or damage" included within the products-completed operations hazard and caused by or arising out of any "aircraft product" or the "grounding" of any "manned aircraft or manned aerial vehicle" or any "unmanned aircraft or unmanned aerial vehicle". B.The following are added to the Definitions Section: 1."Aircraft Product" means: a.Aircraft including "manned aircraft or manned aerial vehicle", "unmanned aircraft or unmanned aerial vehicle", and any ground support or control equipment used therewith; and b.Any article furnished by the insured and installed in an aircraft (including "manned aircraft or manned aerial vehicle", or "unmanned aircraft or unmanned aerial vehicle"); or used in connection with an aircraft (including "manned aircraft or manned aerial vehicle", or "unmanned aircraft or unmanned aerial vehicle"); or for spare parts for an aircraft (including "manned aircraft or manned aerial vehicle", or "unmanned aircraft or unmanned aerial vehicle"), including ground handling tools and equipment; and c.Any of "your products" used at an airport for the purpose of guidance, navigation or direction of aircraft (including "manned aircraft or manned aerial vehicle", or "unmanned aircraft or unmanned aerial vehicle"); and d.Training aids, manuals, blueprints, engineering or other data or advice, and services and labor relating to such aircraft (including "manned aircraft or manned aerial vehicle", or "unmanned aircraft or unmanned aerial vehicle"), articles or products. 2."Grounding" means the withdrawal of one or more aircraft (including "manned aircraft or manned aerial vehicle", or "unmanned aircraft or unmanned aerial vehicle"), from flight operations or the imposition of speed, passenger or load restrictions on such aircraft, by reason of the existence of or alleged or suspected existence of any defect, fault or condition in such aircraft or any part therefore sold, handled or distributed by the insured or manufactured, assembled or processed by any other person or organization according to specifications, plans, suggestions, orders, or drawings of the insured or with tools, machinery or other equipment furnished to such persons or organizations by the insured, whether such aircraft so withdrawn are owned or operated by the same or different persons, organizations or corporations. 3."Manned aircraft or manned aerial vehicle" is an aircraft, including any missile or spacecraft whose flight is or can be controlled directly with a human operator on board the aircraft. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB Page 2 of 2 Includes copyrighted material of ISO Properties, Inc., with its permission. IFG-FX-0027 07 17 4."Unmanned aircraft or unmanned aerial vehicle" is an aircraft, including any missile or spacecraft without a human operator on board, whose flight can be controlled remotely or autonomously. All other terms and conditions of this Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IFG-FX-0028 07 22 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 EXCLUSION – DAMAGE TO PROPERTY This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART The following is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to: 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 or leased to any insured; (4)Personal property in the care, custody, or control of any 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. All other terms and conditions of this Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IFG-FX-0036 11 21 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 EXCLUSION – LEAD BEARING SUBSTANCE This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART The following is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to: Lead Bearing Substance a.Any "injury or damage" caused by or arising, directly or indirectly, in whole or in part out of: (1)The actual, alleged, threatened, or suspected inhalation, ingestion, absorption, consumption, existence, application, presence or use of, contact with, or exposure to lead in any form; or (2)Any disease or ailment caused by plumbism (lead poisoning). b.Any loss, cost, or expense arising out of any: (1)Request, demand, order, or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify, neutralize, dispose of, or in any way respond to, or assess the effects of lead; or (2)Claim or suit brought by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, disposing of, or in any way responding to, or assessing the effects of lead. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: a.The providing of instructions, warnings, or labeling; b.The supervision, hiring, employment, training, or monitoring of others by that insured; or c.The rendering of or failure to render aid, medical or otherwise, to any person. All other terms and conditions of this Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IFG-FX-0039 07 17 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 EXCLUSION - ERISA ~|"Index:FormName":="IFG-FX-0039 07 17"|~ This endorsement modifies insurance provided under the following: ~|"Image:XDisplace":="-0.25"|~ ~|"Image:YDisplace":="-0.1875"|~ COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to: ERISA a.Any obligation of the insured under the Employers' Retirement Income Security Act of 1974 and any amendments thereto, and any similar state or local laws; or b.Any "injury or damage" arising out of the Employers' Retirement Income Security Act of 1974 and any amendments thereto, and any similar state or local laws. All other terms and conditions of this Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IFG-FX-0043 11 21 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 EXCLUSION – ASSAULT, BATTERY OR OTHER PHYSICAL ALTERCATION This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART A.The following is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to: Assault, Battery Or Other Physical Altercation Any "injury or damage": a.Expected or intended from the standpoint of any insured. b.Caused by or arising, directly or indirectly, in whole or in part out of any "assault" or "battery" committed or attempted by any person. c.Caused by or arising, directly or indirectly, in whole or in part out of any act, error, or omission in connection with avoiding, preventing, suppressing, or halting any actual, or threatened "assault" or "battery." d.Caused by or arising, directly or indirectly, in whole or in part out of any actual, alleged, or threatened verbal or physical confrontation or altercation committed or any act, error, or omission in connection with avoiding, preventing, suppressing, or halting any actual, or threatened verbal or physical confrontation or altercation. This exclusion applies to all acts, errors, or omissions even if the claims against any insured allege negligence or other wrongdoing, including, but not limited to: 1.All theories of liability (direct or vicarious) asserted against any insured, including, but not limited to, all theories of negligence, gross negligence, recklessness, or intentional tort and shall not be subject to any severability or separation of insureds provision in the policy; 2.The supervision, hiring, employment, training, or monitoring of others by that insured; or 3.The rendering of or failure to render aid, medical or otherwise, to any victim of the "assault" or "battery", or physical confrontation or altercation. B.For the purposes of this endorsement, the following is added to the Definitions section: "Assault" means any attempt or threat to inflict injury upon the person of another, or any display of force such as would give a person reason to fear or expect immediate bodily harm. "Battery" means physical contact with a person without his or her consent that entails some injury or offensive touching. All other terms and conditions of this Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IFG-FX-0044 07 17 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 EXCLUSION – RECALL OF PRODUCTS, WORK OR IMPAIRED PROPERTY ~|"Index:FormName":="IFG-FX-0044 07 17"|~ This endorsement modifies insurance provided under the following: ~|"Image:XDisplace":="-0.25"|~ ~|"Image:YDisplace":="-0.1875"|~ COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to: Recall Of Products, Work Or Impaired Property Any "injury or damage" claimed for loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1)Your product, including your product manufactured, sold, assembled, handled, distributed, or disposed of by: (a)Any insured or by others on behalf of any insured; (b)Others trading under your name; or (c)A person or organization whose business or assets you have acquired; (2)Your work by: (a) Any insured or by others on behalf of any insured; (b)Others trading under your name; or (c)A person or organization whose business assets you have acquired; or (3)Impaired property by: (a)Any insured or by others on behalf of any insured; (b)Others trading under your name; or (c)A person or organization whose business or assets you have acquired 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. All other terms and conditions of this Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IFG-FX-0063 07 17 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 EXCLUSION – FUNGI OR BACTERIA ~|"Index:FormName":="IFG-FX-0063 07 17"|~ This endorsement modifies insurance provided under the following: ~|"Image:XDisplace":="-0.25"|~ ~|"Image:YDisplace":="-0.1875"|~ COMMERCIAL EXCESS LIABILITY COVERAGE PART A.The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to: Fungi or Bacteria Any "injury or damage": a.Which would not have occurred, in whole or in part, but for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any "fungi" or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such injury or damage. b.Any loss, cost or 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 does not apply to: (i)Any "fungi" or bacteria that are, are on, or are contained in, a good or product intended for bodily consumption; or (ii)The extent that valid "controlling underlying insurance" for the fungi or bacteria risks described above exists or would have existed but for the exhaustion of underlying limits for "injury or damage". B.The following is added to the Definitions Section: "Fungi" means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi. All other terms and conditions of this Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IFG-FX-0064 07 17 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 EXCLUSION – PUNITIVE DAMAGES ~|"Index:FormName":="IFG-FX-0064 07 17"|~ This endorsement modifies insurance provided under the following: ~|"Image:XDisplace":="-0.25"|~ ~|"Image:YDisplace":="-0.1875"|~ COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to: Punitive Damages Any claim of or indemnification for punitive or exemplary damages. If a suit seeking both compensatory and punitive or exemplary damages has been brought against you for a claim covered by this policy, we will provide defense for such action. We will not have any obligation to pay for any fees, including but not limited to attorney fees, costs, interest or damages attributable to punitive or exemplary damages. All other terms and conditions on this Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IFG-FX-0067 07 17 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 EXCLUSION – INTELLECTUAL PROPERTY ~|"Index:FormName":="IFG-FX-0067 07 17"|~ This endorsement modifies insurance provided under the following: ~|"Image:XDisplace":="-0.25"|~ ~|"Image:YDisplace":="-0.1875"|~ COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to: Intellectual Property Any "injury or damage" caused by or arising out of the actual or alleged infringement or violation of any intellectual property rights or laws, including but not limited to: a.Copyright; b.Patent; c.Trade dress; d.Trade name; e.Trade secret; or f.Trademark. All other terms and conditions of this Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IFG-FX-0071 07 17 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 EXCLUSION - WAR ~|"Index:FormName":="IFG-FX-0071 07 17"|~ This endorsement modifies insurance provided under the following: ~|"Image:XDisplace":="-0.25"|~ ~|"Image:YDisplace":="-0.1875"|~ COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to: War Any "injury or damage", however caused, arising, directly or indirectly, out of: a.War, including undeclared or civil war; b.Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c.Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. All other terms and conditions of this Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IFG-FX-0076 07 17 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 EXCLUSION – AIRCRAFT LIABILITY ~|"Index:FormName":="IFG-FX-0076 07 17"|~ This endorsement modifies insurance provided under the following: ~|"Image:XDisplace":="-0.25"|~ ~|"Image:YDisplace":="-0.1875"|~ COMMERCIAL EXCESS LIABILITY COVERAGE PART A.The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to: Aircraft Liability Any "injury or damage" caused by or arising out of any "manned aircraft or manned aerial vehicle", or "unmanned aircraft or unmanned aerial vehicle", including 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. B.The following is added to the Definitions Section: "Manned aircraft or manned aerial vehicle" is an aircraft, including any missile or spacecraft whose flight is or can be controlled directly with a human operator on board the aircraft. "Unmanned aircraft or unmanned aerial vehicle" is an aircraft, including any missile or spacecraft without a human operator on board, whose flight can be controlled remotely or autonomously. All other terms and conditions of this Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IFG-FX-0077 07 17 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION ~|"Index:FormName":="IFG-FX-0077 07 17"|~ This endorsement modifies insurance provided under the following: ~|"Image:XDisplace":="-0.25"|~ ~|"Image:YDisplace":="-0.1875"|~ COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to: Recording And Distribution Of Material Or Information In Violation Of Law Any "injury or damage" caused by or arising, directly or indirectly, out of any action or omission that violates or is alleged to violate: (1)The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2)The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3)The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or (4)Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. All other terms and conditions of this Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IFG-FX-0078 11 21 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 EXCLUSION – ASBESTOS OR ASBESTOS–RELATED DUST This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART The following is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to: Asbestos Or Asbestos-Related Dust a.Any "injury or damage" caused by or arising, directly or indirectly, in whole or in part out of: (1)The actual, alleged, threatened, or suspected inhalation, ingestion, absorption, consumption, existence, application, presence or use of, contact with, or exposure to asbestos or asbestos-related dust in any form; (2)The handling, distribution, sale, processing, repackaging, testing, analyzing, marketing, production, manufacturing, storage, delivery, transport, warehousing, use, disposal, or removal of asbestos or asbestos-related dust, whether or not it is incorporated into your product or your work; (3)Any vapor, gas, dust, fumes, or any substance in any form produced by or arising out of any process or procedure involving asbestos or asbestos-related dust; or (4)Any goods, products, or materials to which asbestos or asbestos-related dust has been applied or incorporated into by any party, including, but not limited to, any manufacturer, processor, or distributor of such goods, products, or materials. b.Any loss, cost, or expense arising out of any: (1)Request, demand, order, or statutory or regulatory requirement that any insured or others abate, test for, monitor, clean up, remove, remediate, contain, treat, detoxify, neutralize, dispose of, or in any way respond to, or assess the existence or effects of asbestos or asbestos-related dust, by any insured or by any other person or entity. (2)Claim or suit brought by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, disposing of, or in any way responding to or assessing the effects of asbestos or asbestos-related dust. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: a.The providing of instructions, warnings, or labeling; b.The supervision, hiring, employment, training, or monitoring of others by that insured; or c.The rendering of or failure to render aid, medical or otherwise, to any person. All other terms and conditions of this Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IFG-FX-0097 07 17 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 EXCLUSION - INJURY TO INDEPENDENT CONTRACTORS/SUBCONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART A.The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to: Injury To Independent Contractors/Subcontractors a.Any bodily injury or personal and advertising injury to: (1)Any "independent contractors/ subcontractors"; or (2)Any "employee" of any "independent contractors/subcontractors" hired to do work for or on behalf of any insured or any tenant of any insured that arises out of and in the course of: (1)Employment by any insured; or (2)Directly or indirectly performing duties related to the conduct of any insured's business; or b.The spouse, child, parent, brother or sister of any "independent contractors/ subcontractors" or any "employee" of any "independent contractors/subcontractors" as a consequence of Paragraph a. above. 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, even if the "event" which caused the bodily injury or personal and advertising injury involved the rendering of or failure to render any service. B.The following are added to the Definitions Section: "Employee" as used herein means a person working for salary or wages, or any substitute for salary or wages, as compensation in any manner by any "independent contractors/subcontractors", under any contract of hire, express or implied, oral or written, where the "independent contractors/subcontractors" have the power or right to control and direct the "employee". "Employee" includes a person hired by the hour, day or any other irregular or intermittent period. "Employee" includes a "leased worker" or "temporary worker". "Independent contractors/subcontractors" as used herein means a person or entity that agrees (orally or in writing) to provide all or some portion of the work or service which you have agreed to perform, regardless of who exercises control over the means or methods used in doing the work or performing the service. "Leased worker" as used herein means a person leased to any "independent contractors/ subcontractors" by a labor leasing firm under an agreement between any "independent contractors/subcontractors" and the labor leasing firm, to perform duties related to the conduct of any "independent contractors/subcontractors" business. "Leased worker" does not include a "temporary worker". "Temporary worker" as used herein means a person who is furnished to any "independent contractors/subcontractors" to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. All other terms and conditions of this Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IFG-FX-0099 07 17 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 LIMITATION - INDEPENDENT CONTRACTORS/SUBCONTRACTORS ~|"Index:FormName":="IFG-FX-0099 07 17"|~ This endorsement modifies insurance provided under the following: ~|"Image:XDisplace":="-0.25"|~ ~|"Image:YDisplace":="-0.1875"|~ COMMERCIAL EXCESS LIABILITY COVERAGE PART A.The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to: Independent Contractors/Subcontractors Any "injury or damage" or "ultimate net loss" for any loss, cost or expense caused by, arising out of or resulting from, in whole or in part by the act(s) of any "independent contractors/subcontractors" unless all of the conditions in paragraph B. of this endorsement are met. B.The following condition is added to Section III – Conditions: Independent Contractors/Subcontractors Special Conditions a.You will obtain a written agreement from all "independent contractors/subcontractors": (1)Holding you harmless to the fullest extent of the law from all theories of liability (direct or vicarious) asserted against any insured, including but not limited to all theories of negligence, gross negligence, recklessness or intentional tort, alleged or actual, caused by or arising out of any wrongdoing related to the work or operations performed by the "independent contractors/subcontractors" on your behalf; and (2)That states you are named as an additional insured for ongoing operations and products-completed operations hazard on their Commercial General Liability insurance policy. b.Commercial General Liability coverage is purchased and maintained by the "independent contractors/subcontractors": (1)That is equal to or broader than the coverage(s) provided by the Commercial General Liability policy listed in the Schedule Of "Controlling Underlying Insurance"; and (2)That includes coverage stating that you are named as an additional insured for ongoing operations and products-completed operations hazard. c.You will obtain certificates of insurance from all "independent contractors/subcontractors" providing evidence of valid and enforceable Commercial General Liability insurance coverage that includes but is not limited to: (1)Products-completed operations hazard; and (2)Contractual liability on an occurrence basis with limits of at least $1,000,000 per occurrence limit. C.The following is added to the Definitions Section: "Independent contractors/subcontractors" as used herein means a person or entity that agrees (orally or in writing) to provide all or some portion of the work or service which you have agreed to perform, regardless of who exercises control over the means or methods used in doing the work or performing the service. All other terms and conditions of this Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IFG-FX-0103 05 16 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 AMENDMENT OF PREMIUM CONDITIONS ~|"Index:FormName":="IFG-FX-0103 05 16"|~ This endorsement modifies insurance provided under the following: ~|"Image:XDisplace":="-0.25"|~ ~|"Image:YDisplace":="-0.1875"|~ COMMERCIAL EXCESS LIABILITY COVERAGE PART Paragraph 9. Premium Audit of Section III – Conditions is replaced by the following: 9. Premium Audit a.We will compute all premiums for this Coverage Part in accordance with our rules and rates. b.If this policy is auditable, the premium shown in this Coverage Part as Total Policy Premium Or Deposit premium is a minimum and deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the total earned premium for the policy period is less than the Total Policy Premium Or Deposit Premium, the Total Policy Premium Or Deposit Premium is the minimum premium and is not subject to further adjustment. c.The first Named Insured must keep records of the information we need for premium computation and permit us to audit these records or, at our option, send us copies at such times as we may request. d.Should you not cooperate with the terms of this condition, including failure to return any questionnaires or self-audit worksheets applying to this or a prior policy term, we may, at our discretion, nonrenew the policy due to our inability to establish a proper premium. We reserve the right to accept coverage based upon the policy advance, or minimum and deposit premium, and we are not obligated to perform an audit. All other terms and conditions of this Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IFG-FX-0131 07 17 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 EXCLUSION - DISCRIMINATION ~|"Index:FormName":="IFG-FX-0131 07 17"|~ This endorsement modifies insurance provided under the following: ~|"Image:XDisplace":="-0.25"|~ ~|"Image:YDisplace":="-0.1875"|~ COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to: Discrimination Any "injury or damage" caused by or arising, in whole or in part, out of an actual, alleged, or threatened act or omission of discrimination, whether intentional or unintentional, based upon a person's gender, sexual preference, marital status, race, creed, religion, national origin, age, physical capabilities, characteristics or condition, mental capabilities or condition, or any other protected class under any federal, state, municipal or local statute, ordinance, rule, order or regulation. All other terms and conditions of this Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IFG-FX-0140 07 17 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 EXCLUSION – BREACH OF CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to: Breach Of Contract Any "injury or damage", cost or expense caused by or arising out of, resulting from, or contributed to in any way by, any breach of contract, including breach of an implied in law or implied in fact contract, whether express or oral. All other terms and conditions of this Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IFG-FX-0145 03 21 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 EXCLUSION – TOXIC SUBSTANCES This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART A.The following is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to: Toxic Substances Any "injury or damage" caused by or arising, directly or indirectly, in whole or in part out of: a.Coal dust; b.Polychlorinated biphenyls (PCBs); c."Benzene"; d.Talc; e.Dioxin; f.Pesticides, herbicides, fungicides; g."Toluene"; h."Formaldehyde"; i."Phthalates"; j."Methanol"; or k.Any substance, material, compound, chemical, resin, extract, or any other derivative, product, by-product, mixture, or combination that consists of or contains any of the foregoing listed in subparagraphs a. - j., in any shape or form, or any derivative thereof, including, but not limited to, gels, powders, liquids, solids, or vapors. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: a.The providing of instructions, warnings, or labeling; b.The supervision, hiring, employment, training, or monitoring of others by that insured; or c.The rendering of or failure to render aid, medical or otherwise to any person. B.For the purposes of this endorsement, the following is added to the Definitions section: "Benzene" (CAS No. 71-43-2) means an aromatic hydrocarbon, also known as Benzol, Benzole, and Cyclohexatriene in any form, including any chemical compound, derivative, or by-product thereof. "Toluene" (CAS No. 108-88-3) means a colorless liquid aromatic hydrocarbon, also known as methylbenzene, toluol, tolu-sol, or phenylmethane in any form, including any chemical compound, derivative, or by-product thereof. "Formaldehyde" (CAS No. 50-00-0) means an organic compound, also known as Methanal, Methylene Oxide, Formalin (aqueous solution), and Formol in any form, including any chemical compound, derivative, or by-product thereof. "Phthalates" means a salt of phthalic acid, an ester of phthalic acid, or an anion of phthalic acid in any form, including any chemical compound, derivative, or by-product thereof. "Methanol" (CAS No. 67-56-1) means an organic compound, also known as Methyl Alcohol, Wood Alcohol, and Carbinol in any form, including any chemical compound, derivative, or by-product thereof. All other terms and conditions of this Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IFG-FX-0163 04 15 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 EXCLUSION – CROSS SUITS – NAMED INSURED VERSUS NAMED INSURED ~|"Index:FormName":="IFG-FX-0163 04 15"|~ This endorsement modifies insurance provided under the following: ~|"Image:XDisplace":="-0.25"|~ ~|"Image:YDisplace":="-0.1875"|~ COMMERCIAL EXCESS LIABILITY COVERAGE PART A.The following exclusion is added to 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage part does not apply to: Cross Suits – Named Insured Versus Named Insured Any claim for damages by any "Named Insured" against another "Named Insured" because of "injury or damage". B.For the purposes of this endorsement, the following is added to the Definitions Section: "Named Insured" means any party listed as a Named Insured on the Common Declaration Page of the policy and any party qualifying as an insured under Section II – Who Is An Insured, but excluding any party qualifying as such under any Additional Insured endorsement. All other terms and conditions of this Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IFG-FX-0169 07 17 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 TOTAL POLLUTION EXCLUSION This endorsement modifies insurance provided under the following: ~|"Index:FormName":="IFG-FX-0169 07 17"|~ COMMERCIAL EXCESS LIABILITY COVERAGE PART Exclusion c. under Paragraph 2. Exclusions of Section I – Coverages is replaced by the following: Insurance provided under this Coverage Part does not apply to: 2. Exclusions c. Pollution (1)"Injury or damage" caused by or arising, directly or indirectly, in whole or part out of the actual, alleged or threatened discharge, dispersal, disposal, seepage, migration, release or escape of "pollutants" at any time; or (2)Any loss, cost or expense caused by or arising, directly or indirectly, in whole or in part out of any: (a)Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b)Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". This exclusion applies whether or not such "pollutants" have any function in your business, operations, premises, site or location or constitutes your product or is a component of your product or products you use. All other terms and conditions of this Policy remain unchanged. ~|"Image:XDisplace":="-0.25"|~ ~|"Image:YDisplace":="-0.1875"|~ DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IFG-FX-0188 11 21 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 EXCLUSION – SILICA OR OTHER SIMILAR FIBROUS OR MINERAL SUBSTANCES This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART A.The following is added to Paragraph 2. Exclusions of Section I – Coverages: 2. Exclusions Insurance provided under this Coverage Part does not apply to: Silica Or Other Similar Fibrous Or Mineral Substances a.Any "injury or damage" caused by or arising, directly or indirectly, in whole or in part out of: (1)The actual, alleged, threatened, or suspected inhalation, ingestion, absorption, consumption, existence, application, presence or use of, contact with, or exposure to "silica", or any other similar fibrous or mineral substance in any form; (2)The handling, distribution, sale, processing, repackaging, testing, analyzing, marketing, production, manufacturing, storage, delivery, transport, warehousing, use, or disposal of "silica", or any other similar fibrous or mineral substance in any form whether or not it is incorporated into your product or your work; (3)Any vapor, gas, dust, fumes, or any substance in any form produced by or arising out of any process or procedure involving "silica", or any other similar fibrous or mineral substance in any form; or (4)Any goods, products, or materials to which "silica", or any other similar fibrous or mineral substance in any form has been applied or incorporated into by any party, including, but not limited to, any manufacturer, processor, or distributor of such goods, products, or materials. b.Any loss, cost, or expense arising out of any: (1)Request, demand, order, or statutory or regulatory requirement that any insured or others abate, test for, monitor, clean up, remove, remediate, contain, treat, detoxify, neutralize, dispose of, or in any way respond to or assess the existence or effects of "silica", or any other similar fibrous or mineral substance in any form by any insured or by any other person or entity. (2)Claim or suit brought by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, disposing of, or in any way responding to, or assessing the effects of "silica", or any other similar fibrous or mineral substance in any form. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: a.The providing of instructions, warnings, or labeling; b.The supervision, hiring, employment, training, or monitoring of others by that insured; or c.The rendering of or failure to render aid, medical or otherwise, to any person. B.For the purposes of this endorsement, the following is added to the Definitions section: "Silica" (CAS No. 7631-86-9) means a chemical compound of silicon and oxygen, also known as Silicon Dioxide, Quartz and Cristobalite in dust or any other form, including any chemical compound, derivative, or by-product thereof. All other terms and conditions of this Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IFG-FX-0221 03 22 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 ANTI-STACKING OF LIMITS This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART A.The following is added to Section III – Conditions of the Commercial Excess Liability Coverage Form: Anti-Stacking Of Limits If any "event" covered under this policy is also covered under any other Excess policy issued to you by us, or by any insurance company that has common ownership with us, then only the policy with the highest available limit of insurance will apply regardless of whether any "injury or damage": 1.Extends over more than one policy period; or 2.Is caused by or arises out of: a.Substantially the same or related general harmful conditions or substances; or b.Continuous or repeated exposure to substantially the same or related general harmful conditions, substances, or a series of wrongful acts. If the policies described in Paragraph A. have more than one applicable limit of insurance, then only the policy with the highest available limit of insurance shall apply. If more than one policy has the same limit of insurance, such policies will respond on an equal share basis. If you, or any other insured covered under this policy, is included as an insured under more than one Excess policy issued by us, or any other insurance company that has common ownership with us covering the same "event", coverage provided to you by us will be limited to only the policy with the highest available Limit of Insurance. However, this condition does not apply if the insurance is specifically written to be excess of this policy. B.For the purposes of this endorsement "event" in the Definitions section is deleted and replaced with the following: "Event" means any occurrence, offense, accident, act, or other event which takes place in its entirety at a specific time and place or is related, in whole or in part, or traceable to the same or related single act, error, or omission, or series of acts, errors, or omissions. This endorsement applies regardless of any other terms and conditions in this or any other Excess policy, including, but not limited to, the Conditions - Other Insurance section. This endorsement does not apply to: Any liability insurance policies issued to you by us, or by any insurance company that has common ownership with us, for which this policy is intended to be excess; or Other Excess liability insurance policies issued to you by us, or by any other insurance company that has common ownership with us, as excess insurance to this policy. In no event shall this endorsement be construed to increase the limits of insurance shown on this policy. All other terms and conditions of this Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IFG-FX-0225 03 21 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 NEW YORK – EXCLUSION – ANY CONSTRUCTION OR CONTRACTING ACTIVITIES This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART The following is added to 2. Exclusions of Section I – Coverages under the Commercial Excess Liability Coverage Form. 2. Exclusions Insurance provided under this Coverage Part does not apply to: Any Construction Or Contracting Activities Any "injury or damage" caused by or arising, directly or indirectly, in whole or in part out of any construction or contracting activities that are performed or located in the state of New York. This exclusion applies: a.To any work performed by, or on behalf of, any insured as part of or in connection with such construction or contracting activities, including, but not limited to, the erection, demolition, repairing, altering, painting, cleaning, or pointing of a building or structure; b.Regardless of whether the described operations are: (1)Ongoing, completed, or in any other stage when the loss occurs; or (2)Performed for any insured or for any other person or entity; and c.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. All other terms and conditions of this Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC Jacket-Policy A (07/21) COMMERCIAL LINES POLICY A Stock Company 800 Gessner Rd, Suite 600 Houston, TX 77024 Phone: 800-645-7707 IN WITNESS WHEREOF, we have caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless countersigned by our authorized representative. Mark Haushill Leslie K. Shaunty DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB DS PN Annual 02-22 Your Privacy Rights This booklet describes how Imperium Insurance Company (IIC), Houston Specialty Insurance Company (HSIC), Great Midwest Insurance Company (GMIC) use private information about our customers, the limits on our use, how we protect our customers’ privacy, and how our customers can restrict the distribution of information about themselves. Imperium Insurance Company Houston Specialty Insurance Company Great Midwest Insurance Company DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB DS PN Annual 02-22 To our customers: Safeguarding the privacy of your financial and personal information has always been extremely important to us. This pamphlet consists of five separate sections concerning our commitment to protecting your privacy: 1. Customer Privacy Policy Statement – Contains a description of IIC, HSIC, and GMIC general customer privacy policy 2. Notice of Information Practices – Provides disclosures required under federal laws 3. Privacy Disclosure Statement – Offers you the opportunity to notify us if you do not want IIC, HSIC, and GMIC to share basic information about you. 4. Information We May Disclose To Others 5. Access to and Correction of Your Information Please let us know if you have any questions or comments. Customer Privacy Policy Statement IIC. HSIC, and GMIC recognize that a fundamental component of the insurer/insured relationship is a customer’s trust that the insurer will respect the privacy and confidentiality of the customer’s financial information and all aspects of the customer’s insurance relationship. IIC, HSIC, and GMIC have established the following policy to keep your information secure and confidential. 1. We shall recognize each customer’s expectations of privacy by safeguarding information that you share with us. This commitment to privacy will be maintained regardless of whether information is received by mail, telephone, internet, or in person. 2. Information shall be collected and utilized only to the extent necessary to deliver insurance service to you and to offer products, services, and other opportunities that may be of interest to you. 3. We are dedicated to maintaining accurate customer records and shall strive to correct any inaccurate information in a timely manner. You may notify us at the toll-free telephone numbers and address listed at the end of this notice to correct any information. 4. IIC, HSIC, and GMIC limit access to your personal information to only those insurance company employees with a business reason for knowing such information. We educate all employees about the importance of confidentiality and customer privacy and have established policies on the proper use of customer information. 5. If we utilize other organizations to support our business, we will require them to abide by this privacy policy statement. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB DS PN Annual 02-22 6. We do not sell customer lists or financial information about our customers to any third party vendors. We may, however, allow select customer information to be shared with an affiliated company, under controlled conditions for the purpose of designing and marketing our products or company sponsored products with a company that has adopted a similar privacy policy to safeguard any personal customer information. 7. IIC, HSIC, and GMIC will provide you a choice as to whether your personal customer information will be shared with other organizations even for the limited purposes described above before your information is released to another organization for marketing purposes. 8. In order to conduct the business of insurance, customer information in our records is referenced relating to the issuance and servicing of coverage settling claims. IIC, HSIC, and GMIC conduct these insurance operations in accordance with the Fair Credit Reporting Act and information privacy laws as explained in our Notice of Information Practices. 9. This privacy policy will apply to both current and former customers of IIC, HSIC, and GMIC. IIC, HSIC, and GMIC reserve the right to update and modify this statement at any time and will provide notice to you of such updates and modifications. IIC, HSIC, and GMIC will continue to monitor itself for compliance of its procedures to protect customer privacy. Notice of Information Practices Pursuant to 15 U.S.C § 1681 et seq. (1982) The information you provide to us is important. We review it in our evaluation of your request for coverage and in determining rates. It may not be the only information about you or persons to be insured under your policy that we consider. In accordance with the Federal Fair Credit Reporting Act, we would like to briefly describe our practices as they relate to information gathered in connection with insurance transactions. We may need additional information from you or other individuals proposed for coverage. Motor vehicle records, court record or other public records might be reviewed. A photo of any property to be insured might be taken. We may also obtain information from third parties, such as other insurance companies or a consumer reporting agency. A consumer report from such agency may contain information such as credit worthiness, credit standing, credit capacity, character, general reputation, hobbies, occupation, personal characteristics, or mode of living. An investigative consumer report containing the same type of information may be obtained through personal interviews with neighbors, friends, associates, acquaintances, or others who may have knowledge concerning those items of information. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB DS PN Annual 02-22 If coverage is declined or the charge for coverage is increased either wholly or partly because of information contained in a consumer report, we will tell you. We will also give you the name and address of the consumer reporting agency making the report. It is possible that an investigative consumer report may be made. Within a reasonable time after receiving this notice of our information practices, you have the right to file a written request for and promptly receive a written disclosure as to the nature and scope of the investigation. You also will have the right to ask to be personally interviewed. Information you give during the interview will be included in the report sent to us. Upon written request and identification, you have the right to receive a copy of your investigative consumer report. Information gathered about you by the agency in making a consumer report or investigative consumer report may be kept by the agency and provided to others to the extent allowed by law. Information about you in our records may be kept and may be referred to for purposes relating to the issuance and servicing of coverage and settling claims. We will not disclose information about you to others without your written consent unless the disclosure is necessary to conduct our business. The law permits us to share information about you without your prior consent under circumstances. Examples of these include disclosures to: • Parties who perform a business, professional or insurance function for our company, including companies from which we purchase reinsurance coverage; • Adjusters, appraisers, investigators and attorneys who need the information to investigate, defend or settle a claim involving you; • Businesses that help us with data processing or marketing; • Businesses that conduct scientific research, including actuarial or underwriting studies; • Other insurance companies, agents, or consumer reporting agencies as reasonably necessary in connection with any application, policy, or claim involving you; • Insurance support organizations which are established to collect information for the purpose of detecting and preventing insurance crimes or fraudulent claims; • Medical care institutions or medical professionals to verify coverage or conduct an audit of services; • State Insurance Departments in connection with the regulation of our business; • Law enforcement or other governmental authorities to protect our legal interests or in cases of suspected fraud or illegal activities; DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB DS PN Annual 02-22 • Authorized persons as ordered by a subpoena, warrant, or other court order or as required by law; • Certificate holders or policyholders for the purpose of providing i nformation regarding the status of an insurance transaction; or • Lien holders, mortgagees, assignees, lessors, or other persons shown on our records as having a legal or beneficial interest in your policy You have the right to know what kind of information we keep about you in our files, the right to reasonable access to this information, and the right to receive a copy of this information. Write to us if you have questions about the information we may have on file about you. Tell us what information you would like to receive. Provide your complete name, address, date of birth, type of policy held or applied for, and all numbers of any policies issued to you by us. Certain types of information generally collected when evaluating claims or possible lawsuits needed may not be disclosed to you. Within thirty (30) business days of receipt of your request, we will inform you in writing of the nature and substance of locatable and retrievable recorded personal information about you in our files. You may review this information in person or receive a copy for reasonable charge. We will also identify the persons or organizations to which we have disclosed your information to within the past two (2) years. In addition, you will be given the name and address of any consumer reporting agency which prepared a report about you so that you can contact them for a copy. After you have reviewed your personal information about in our file, you can write to us if you believe it should be corrected, amended, or deleted. Tell us what you think is wrong and why. We will consider your request and within thirty (30) business days from the date of receipt of your written request, either change our files or tell you that we did not and the reason. If we do not make the changes, you will have the right to insert in our file a concise statement containing what you believe to be the correct, relevant or fair information and explaining why you believe the information on the file to be improper. We will notify persons designated by you to whom we have previously disclosed the information of the change on your statement. Subsequent disclosures we make will also be included in your statement. Correspondence about this notice or requests for information in accordance with your rights under the law should be directed to the appropriate company in the Skyward Specialty Insurance at the address listed on the last page of the pamphlet. Information We May Disclose To Third Parties. We do not sell customer information or medical information to anyone. Nor do we share it with companies or organizations outside of our group of affiliated companies that would use that information to contact you about their own products and services. Should that practice ever change, we would offer the ability to prohibit this type of information sharing and / or a reasonable time for the opportunity to opt out of this type of information sharing before the change in our practice took place. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB DS PN Annual 02-22 We may, without authorization, but only as permitted or required by law, provide customer information to persons or organizations both inside and outside of IIC, HSIC, and GMIC in order to fulfill a transaction requested, service policies, market our products, investigate and/or handle claims, detect and/or prevent fraud, participate in insurance support organizations, or comply with lawful requests from regulatory and law enforcement authorities. These include, for example: affiliated companies, claims adjusters, medical providers, and program managers. Access to and Correction of Your Information. You may write to us if you have any questions about the information that we may have in our records about you. If you wish, you may inspect this information in person or receive a copy at a reasonable charge by sending us a written request. You can notify us in writing if you believe any information should be corrected, amended, or deleted and we will review your request. We will either make the requested or explain why we did not do so. If we do not make the requested change, you may submit a short written statement identifying the disputed information, which will be included in all future disclosures of your information. You may send your written request regarding IIC, HSIC, and GMIC to : Skyward Specialty Insurance Attn: Compliance Department 800 Gessner, Suite 600 Houston Texas 77024 All written requests must include your name, address, telephone number, and a photocopy of a picture ID for identification purposes. You may contact IIC, HSIC, and GMIC at the following numbers: Local phone #Toll free #FAX # GMIC 713-973-0226 800-829-8165 713-935-7424 HSIC 713-935-4820 855-935-HSIC (4742)713-935-4821 IIC 713-935-4830 800-203-1179 713-935-4831 DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC PN ES 00 01 10 20 HSIC PN ES 00 01 10 20 Page 1 of 1 CALIFORNIA SHORT RATE CANCELLATION PENALTY DISCLOSURE This Notice is to advise you that you may incur a penalty if you cancel your policy prior to the expiration date. If you cancel the policy for which you are applying prior to the expiration date, a 10% penalty will be applied to any remaining unearned premium, subject to any minimum earned premium endorsement that may be applicable to your policy. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC IL ES PN 002 01 23 HSIC IL ES PN 002 01 23| 800 Gessner Road, Suite 600, Houston, TX 77024 | skywardinsurance.com HOW TO REPORT A CLAIM All claims should be reported as soon as practicable after the loss. Claims may be reported by any of the following options 24 hours a day, 7 days a week. PROPERTY & CASUALTY CLAIMS To report any injury (non-work related), auto or trucking accident, or any type of property damage: By Phone: (888)-321-0714 By Email: claims@skywardinsurance.com INFORMATION TO INCLUDE WHEN SUBMITTING A CLAIM o Policy Number and/or Claims Number in all communication with us. o Policyholder contact Information – Name, Phone Number, Address, Email o Agent contact information - Name, Phone Number, Address, Email o Date of Loss o Cause of Loss o Detailed description of loss and damage(s) o Provide us with a copy of any suit, demand for arbitration or mediation, claims letter or similar notice. o Send copies of any internal reports related to the loss. o Send copies of any police and/or fire department reports. PRESERVE AND SAFEGUARD • No unauthorized parties should be allowed access to the loss site. • Temporary board up, if necessary. • Temporary Perimeter fencing, if necessary. • Retention of any and all evidence. o If it is necessary to make immediate repairs prior to inspection it is crucial that any and all parts (repaired or replaced) be retained and safeguarded along with a copy of the accompanying invoice. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB PN SUR CA 001 05 22 PN SUR CA 001 05 22 IMPORTANT NOTICE: 1. The insurance policy that you have purchased is being issued by an insurer that is not licensed by the State of California. These companies are called “nonadmitted” or “surplus line” insurers. 2. The insurer is not subject to the financial solvency regulation and enforcement that apply to California licensed insurers. 3. The insurer does not participate in any of the insurance guarantee funds created by California law. Therefore, these funds will not pay your claims or protect your assets if the insurer becomes insolvent and is unable to make payments as promised. 4. The insurer should be licensed either as a foreign insurer in another state in the United States or as a non-United States (alien) insurer. You should ask questions of your insurance agent, broker, or “surplus lines” broker or contact the California Department of Insurance at the toll- free number: 1-800-927-4357 or internet website www.insurance.ca.gov. Ask whether or not the insurer is licensed as a foreign or non-United States (alien) insurer and for additional information about the insurer. You may also contact the NAIC’s internet website at www.naic.org. The NAIC—the National Association of Insurance Commissioners—is the regulatory support organization created and governed by the chief insurance regulators in the United States. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB PN SUR CA 001 05 22 PN SUR CA 001 05 22 5. Foreign insurers should be licensed by a state in the United States and you may contact that state’s department of insurance to obtain more information about that insurer. You can find a link to each state from this NAIC internet website: https://naic.org/state_web_map.htm 6. For non-United States (alien) insurers, the insurer should be licensed by a country outside of the United States and should be on the NAIC’s International Insurers Department (IID) listing of approved nonadmitted non-United States insurers. Ask your agent, broker, or “surplus lines” broker to obtain more information about that insurer. 7. California maintains a “List of Approved Surplus Lines Insurers (LASLI).” Ask your agent or broker if the insurer is on that list, or view that list at the internet website of the California department of insurance: www.insurance.ca.gov./01-consumers/120-company/07- lasli/lasli.cfm. 8. If you, as the applicant, required that the insurance policy you have purchased be effective immediately, either because existing coverage was going to lapse within two business days or because you were required to have coverage within two business days, and you did not receive this disclosure form and a request for your signature until after coverage became effective, you have the right to cancel this policy within five days of receiving this disclosure. If you cancel coverage, the premium will be prorated and any broker’s fee charged for this insurance will be returned to you. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB IL P 001 01 04 IL P 001 01 04 © ISO Properties, Inc., 2004 Page 1 of 1 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and listed numerous: z Foreign agents; z Front organizations; z Terrorists; z Terrorist organizations; and z Narcotics traffickers; as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treas- ury's web site – http//www.treas.gov/ofac. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC IL DS 00 09 08 11 12ESB-HS-GL-0001096-00POLICY NUMBER: COMMON POLICY DECLARATIONS $ 903 Paseo Del LagoMAILING ADDRESS: Fallbrook, CA 92028 POLICY PERIOD: FROM TO AT 12:01 A.M. STANDARD05/26/2023 05/26/2024 TIME AT YOUR MAILING ADDRESS SHOWN ABOVE IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. PREMIUM $25,000.00 $ $ $ $ $ $ $ $ $ $ $ $25,300.00TOTAL: 25,300.00Premium shown is payable: $at inception. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. Houston Specialty Insurance Company 800 Gessner, Suite 600 Houston, TX 77024 Toll Free - 800-203-1179 HIIG E&S Brokerage 800 Gessner Rd. Suite 600 Houston, TX 77024 Inspection Service Fee 300.00 $ TERRORISM PREMIUM CRIME AND FIDELITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART NAMED INSURED:The Swimming Swan, LLC; Melissa Swanson BUSINESS DESCRIPTION Lifeguard Services for the City of Gilroy, CA Page 1 of 2 Surplus Lines Tax 759.00 Stamping Fee 45.54 DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 06/06/2023 (Authorized Representative) By: (Date) (FORMS – SCHED 08 12) SEE SCHEDULE OF FORMS AND ENDORSEMENTS Countersigned: FORMS APPLICABLE TO ALL COVERAGE PARTS (SHOW NUMBERS): Page 2 of 2 DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB POLICY NUMBER:ESB-HS-GL-0001096-00 HSIC CG DS 01 10 01 COMMERCIAL GENERAL LIABILITY RENTED TO YOU LIMIT COMMERCIAL GENERAL LIABILITY DECLARATIONS MAILING ADDRESS: POLICY PERIOD: FROM TO AT 12:01 A.M. TIME AT YOUR MAILING ADDRESS SHOWN ABOVE IN RETURN FOR THE PAYMENT OF PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. MEDICAL EXPENSE LIMIT DAMAGE TO PREMISES EACH OCCURRENCE LIMIT LIMITS OF INSURANCE PRODUCTS/COMPLETED OPERATIONS AGGREGATE LIMIT GENERAL AGGREGATE LIMIT PERSONAL & ADVERTISING INJURY LIMIT (ENTER DATE OR "NONE" IF NO RETROACTIVE DATE APPLIES) ADVERTISING INJURY" WHICH OCCURS BEFORE THE RETROACTIVE DATE, IF ANY, SHOWN BELOW. THIS INSURANCE DOES NOT APPLY TO "BODILY INJURY", "PROPERTY DAMAGE" OR "PERSONAL AND RETROACTIVE DATE: RETROACTIVE DATE(CG 00 02 ONLY) FORM OF BUSINESS: DESCRIPTION OF BUSINESS CLUDING A PARTNERSHIP, JOINT VENTURE OR LIMITED LIABILITY COMPANY) INDIVIDUAL PARTNERSHIP JOINT VENTURE TRUST LIMITED LIABILITY COMPANY ORGANIZATION, INCLUDING A CORPORATION (BUT NOT IN- $ $ $ $ $ $ 903 Paseo Del Lago 05/26/2023 05/26/2024 1,000,000 100,000 NOT COVERED 1,000,000 2,000,000 Included Fallbrook, CA 92028 NONE Houston Specialty Insurance Company 800 Gessner, Suite 600 Houston, TX 77024 HIIG E&S Brokerage 800 Gessner Rd. Suite 600 Houston, TX 77024 Any one person or organization Any one premises Any one person NAMED INSURED:The Swimming Swan, LLC; Melissa Swanson BUSINESS DESCRIPTION:Lifeguard Services for the City of Gilroy, CA HSIC CG DS 01 10 01 Page 1 of 2 DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB TOTAL PREMIUM (SUBJECT TO AUDIT) AT INCEPTION AT EACH ANNIVERSARY (IF POLICY PERIOD IS MORE THAN ONE YEAR AND PRE- MIUM IS PAID IN ANNUAL INSTALLMENTS) PREMIUM SHOWN IS PAYABLE: AUDIT PERIOD (IF APPLICABLE) ANNUALLY SEMI-ANNUALLY QUARTERLY MONTHLY 25,000.00$ $ 25,000.00$$ PREMIUM FOR ENDORSEMENTS $ LOCATION NUMBER ADDRESS OF ALL PREMISES YOU OWN, RENT OR OCCUPY ALL PREMISES YOU OWN, RENT OR OCCUPY 1 850 Day Rd., Gilroy, CA 95020 CLASSIFICATION AND PREMIUM LOCATION NUMBER CLASSIFICATION CODE NO. PREMIUM BASE Prem/ Ops Prod/Comp Ops Prem/ Ops Prod/Comp Ops RATE ADVANCE PREMIUM Sales Included1Lifeguard Services 48924 60.000 Included $25,000 MP$300,000 SEE SCHEDULE OF FORMS AND ENDORSEMENTS FORMS - SCHED 08/12 ENDORSEMENTS ATTACHED TO THIS POLICY: ENDORSEMENTS THESE DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORM(S) AND ANY ENDORSEMENT(S), COMPLETE THE ABOVE NUMBERED POLICY. HSIC CG DS 01 10 01 Page 2 of 2 DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB ESB-HS-GL-0001096-00Policy Number: SCHEDULE OF FORMS AND ENDORSEMENTS The Swimming Swan, LLC; Melissa SwansonNamed Insured:05/26/2023 12:01 A.M., Standard Time Effective Date: Agency Name:HIIG E&S Brokerage Form Number Edition Date Title HSIC JACKET-POLICY A (07- 2021) HSIC JACKET-POLICY A (07-2021) DS PN Annual (02-2022)SKYWARD PRIVACY NOTICE HSIC PN ES 00 01 10 20 CALIFORNIA SHORT RATE CANCELLATION PENALTY DISCLOSURE HSIC IL ES PN 002 01 23 HOW TO REPORT A CLAIM PN SUR CA 001 05 22 CALIFORNIA POLICYHOLDER NOTICE IL P 001 01 04 OFAC - U S TREASURY DEPARTMENT OFFICE OF FOREIGN ASSETS CONTROL HSIC IL DS 00 09 08 11 12 COMMON POLICY DECLARATIONS HSIC CG DS 01 10 01 COMMERCIAL GENERAL LIABILITY DECLARATIONS FORMS - SCHED 08 12 SCHEDULE OF FORMS AND ENDORSEMENTS CG 00 01 04 13 COMMERCIAL GENERAL LIABILITY COVERAGE FORM (OCCURRENCE) LOC-SCHED 08-12 SCHEDULE OF LOCATIONS CG 21 06 05 14 EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA-RELATED LIABILITY - WITH LIMITED BODILY INJURY EXCEPTION CG 21 16 04 13 EXCLUSION - DESIGNATED PROFESSIONAL SERVICES CG 21 32 05 09 COMMUNICABLE DISEASE EXCLUSION CG 21 35 10 01 EXCLUSION - COVERAGE C - MEDICAL PAYMENTS CG 21 44 04 17 LIMITATION OF COVERAGE TO DESIGNATED PREMISES, PROJECT OR OPERATION CG 21 47 12 07 EMPLOYMENT-RELATED PRACTICES EXCLUSION CG 21 49 09 99 TOTAL POLLUTION EXCLUSION CG 21 53 01 96 EXCLUSION - DESIGNATED ONGOING OPERATIONS CG 21 67 12 04 FUNGI EXCLUSION CG 21 75 01 15 EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES CG 21 96 03 05 SILICA OR SILICA-RELATED DUST EXCLUSION CG 24 01 12 04 NON-BINDING ARBITRATION CG 24 26 04 13 AMENDMENT OF INSURED CONTRACT DEFINITION CG 40 10 12 19 EXCLUSION - CROSS SUITS LIABILITY CG 40 28 09 22 BROAD ABUSE OR MOLESTATION EXCLUSION IL 00 03 09 08 CALCULATION OF PREMIUM IL 00 17 11 98 COMMON POLICY CONDITIONS IL 00 21 09 08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) SOS HSIC CW 09 13 CW SERVICE OF SUIT CLAUSE HSIC CG ES 01 03 10 20 AMENDMENT - DEFINITION OF EMPLOYEE HSIC CG ES 01 18 10 20 CLASSIFICATION LIMITATION ENDORSEMENT HSIC CG ES 01 27 10 20 EXCLUSION - BREACH OF CONTRACT HSIC CG ES 01 45 10 20 EXCLUSION - INJURY TO INDEPENDENT CONTRACTORS OR THEIR EMPLOYEES HSIC CG ES 01 47 10 20 EXCLUSION - INTELLECTUAL PROPERTY HSIC CG ES 01 52 10 20 EXCLUSION - PUNITIVE DAMAGES HSIC CG ES 01 62 10 20 EXCLUSION - DISCRIMINATION HSIC CG ES 01 70 10 20 ASBESTOS EXCLUSION HSIC CG ES 01 69 12 22 FIREARMS EXCLUSION - GENERAL LIABILITY HSIC CG ES 01 76 10 20 INTERIM PREMIUM AUDIT CONDITION FORMS - SCHED 08 12 Page 1 of 2 DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CG ES 01 77 10 20 LEAD EXCLUSION HSIC CG ES 01 91 10 20 TOTAL AUTO EXCLUSION HSIC CG ES 01 95 10 20 MINIMUM AND DEPOSIT PREMIUM ENDORSEMENT HSIC CG ES 01 96 10 20 EXCLUSION - ASSAULT OR BATTERY HSIC CG ES 02 05 10 20 EXCLUSION - LIQUOR LIABILITY HSIC CG ES 02 10 10 20 LIABILITY INSURANCE DEDUCTIBLE ENDORSEMENT HSIC CG ES 02 29 01 21 DEFINITION OF PREMIUM BASIS ENDORSEMENT FORMS - SCHED 08 12 Page 2 of 2 DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB COMMERCIAL GENERAL LIABILITY CG 00 01 04 13 CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 16 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II – Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V – Definitions. SECTION I – COVERAGES COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III – Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments – Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II – Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II – Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II – Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. e. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB Page 2 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the "occurrence" which caused the "bodily injury" or "property damage", involved that which is described in Paragraph (1), (2) or (3) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 3 of 16 f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release 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 policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; 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 handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed 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 indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. 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 mechanical 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 release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants 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 performed 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 connection with operations being performed by you or on your behalf by a contractor 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 indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB Page 4 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment". h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. i. War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 5 of 16 (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III – Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products- completed operations hazard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. 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 arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (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 accidental physical injury to "your product" or "your work" after it has been put to its intended use. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. However, this exclusion does not apply to liability for damages because of "bodily injury". As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. q. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury" or "property damage" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB Page 6 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III – Limits Of Insurance. COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III – Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments – Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral or written publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral or written publication, in any manner, of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's advertising idea in your "advertisement". g. Quality Or Performance Of Goods – Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement". DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 7 of 16 i. Infringement Of Copyright, Patent, Trademark Or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in your "advertisement". However, this exclusion does not apply to infringement, in your "advertisement", of copyright, trade dress or slogan. j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "personal and advertising injury" under the Definitions section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. 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 mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution-related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB Page 8 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 COVERAGE C – MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, X-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products-Completed Operations Hazard Included within the "products-completed operations hazard". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS – COVERAGES A AND B 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 9 of 16 g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I – Coverage A – Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II – WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB Page 10 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (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 Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (2) "Property damage" to property: (a) Owned, occupied or used by; (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and 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 regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and c. Damages under Coverage B. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 11 of 16 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard". 4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB Page 12 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (iii) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I – Coverage A – Bodily Injury And Property Damage Liability. (b) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self- insured amounts under all that other insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 13 of 16 b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V – DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 4. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication; provided the insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in Paragraph a. above or in a settlement we agree to. 5. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 6. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. 7. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 8. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the terms of the contract or agreement. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB Page 14 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. 10. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 11. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 12. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 15 of 16 However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 13. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 14. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; f. The use of another's advertising idea in your "advertisement"; or g. Infringing upon another's copyright, trade dress or slogan in your "advertisement". 15. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 16. "Products-completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy Schedule, states that products- completed operations are subject to the General Aggregate Limit. 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, electronic data is not tangible property. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB Page 16 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 18. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. 20. "Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 21. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB ESB-HS-GL-0001096-00Policy Number: SCHEDULE OF LOCATIONS The Swimming Swan, LLC; Melissa Swanson 05/26/2023 12:01 A.M., Standard Time HIIG E&S BrokerageAgency Name: Named Insured:Effective Date: 1 850 DAY RD., GILROY, CA, 95020 Loc No. Bldg. No. Designated Locations (Address, City , State, Zip Code) Occupancy LOC-SCHED 08-12 Page 1 of 1 DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB COMMERCIAL GENERAL LIABILITY CG 21 06 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 06 05 14 © Insurance Services Office, Inc., 2013 Page 1 of 1 EXCLUSION – ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA-RELATED LIABILITY – WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section I – Coverage A – Bodily Injury And Property Damage Liability is replaced by the following: 2. Exclusions This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of: (1) Any access to or disclosure of any person's or organization's confidential or personal inform ation, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury". As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section I – Coverage B – Personal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB CG 21 16 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: ESB-HS-GL-0001096-00 COMMERCIAL GENERAL LIABILITY CG 21 16 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION – DESIGNATED PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description Of Professional Services 1. ANY AND ALL PROFESSIONAL SERVICES. 2. 3. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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. Exclusions 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. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional service. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB COMMERCIAL GENERAL LIABILITY CG 21 32 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 32 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1  COMMUNICABLE DISEASE EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability: 2. Exclusions This insurance does not apply to: Communicable Disease "Bodily injury" or "property damage" arising out of the actual or alleged transmission of a com- municable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the: a. Supervising, hiring, employing, training or monitoring of others that may be infected with and spread a communicable disease; b. Testing for a communicable disease; c. Failure to prevent the spread of the dis- ease; or d. Failure to report the disease to authorities. B. The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverage B – Person- al And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: Communicable Disease "Personal and advertising injury" arising out of the actual or alleged transmission of a com- municable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the: a. Supervising, hiring, employing, training or monitoring of others that may be infected with and spread a communicable disease; b. Testing for a communicable disease; c. Failure to prevent the spread of the dis- ease; or d. Failure to report the disease to authorities. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB POLICY NUMBER: ESB-HS-GL-0001096-00 COMMERCIAL GENERAL LIABILITY CG 21 35 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 35 10 01 © ISO Properties, Inc., 2000 Page 1 of 1  EXCLUSION – COVERAGE C – MEDICAL PAYMENTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description And Location Of Premises Or Classification: ALL LOCATIONS (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 premises or classification shown in the Schedule: 1.Section I – Coverage C – Medical Payments does not apply and none of the references to it in the Coverage Part apply: and 2.The following is added to Section I – Supplementary Payments: h.Expenses incurred by the insured for first aid administered to others at the time of an accident for "bodily injury" to which this insurance applies. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB POLICY NUMBER: ESB-HS-GL-0001096-00 COMMERCIAL GENERAL LIABILITY CG 21 44 04 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 44 04 17 © Insurance Services Office, Inc., 2016 Page 1 of 3 LIMITATION OF COVERAGE TO DESIGNATED PREMISES, PROJECT OR OPERATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Premises: Designated Locations shown on the SCHEDULE OF LOCATIONS attached to and forming part of this policy Project Or Operation: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.If this endorsement is attached to Commercial General Liability Coverage Form CG 00 01, the provisions under this Paragraph A. apply: 1.Paragraph 1.b. under Section I – Coverage A – Bodily Injury And Property Damage Liability is replaced by the following: b.This insurance applies to "bodily injury" and "property damage" caused by an "occurrence" that takes place in the "coverage territory" only if: (1)The "bodily injury" or "property damage": (a)Occurs on the premises shown in the Schedule or the grounds and structures appurtenant to those premises; or (b)Arises out of the project or operation shown in the Schedule; (2)The "bodily injury" or "property damage" occurs during the policy period; and (3)Prior to the policy period, no insured listed under Paragraph 1. of Section II – Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. 2.Paragraph 1.b. under Section I – Coverage B – Personal And Advertising Injury Liability is replaced by the following: b.This insurance applies to "personal and advertising injury" caused by an offense committed in the "coverage territory" but only if: (1)The offense arises out of your business: (a)Performed on the premises shown in the Schedule; or DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB Page 2 of 3 © Insurance Services Office, Inc., 2016 CG 21 44 04 17 (b)In connection with the project or operation shown in the Schedule; and (2)The offense was committed during the policy period. However, with respect to Paragraph 1.b.(1)(a) of this Insuring Agreement, if the "personal and advertising injury" is caused by: (1)False arrest, detention or imprisonment; or (2)The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; then such offense must arise out of your business performed on the premises shown in the Schedule and the offense must have been committed on the premises shown in the Schedule or the grounds and structures appurtenant to those premises. 3.Paragraph 1.a. under Section I – Coverage C – Medical Payments is replaced by the following: a.We will pay medical expenses as described below for "bodily injury" caused by an accident that takes place in the "coverage territory" if the "bodily injury": (1)Occurs on the premises shown in the Schedule or the grounds and structures appurtenant to those premises; or (2)Arises out of the project or operation shown in the Schedule; provided that: (a)The accident takes place during the policy period; (b)The expenses are incurred and reported to us within one year of the date of the accident; and (c)The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. B.If this endorsement is attached to Commercial General Liability Coverage Form CG 00 02, the provisions under this Paragraph B. apply: 1.Paragraph 1.b. under Section I – Coverage A – Bodily Injury And Property Damage Liability is replaced by the following: b.This insurance applies to "bodily injury" and "property damage" caused by an "occurrence" that takes place in the "coverage territory" only if: (1)The "bodily injury" or "property damage": (a)Occurs on the premises shown in the Schedule or the grounds and structures appurtenant to those premises; or (b)Arises out of the project or operation shown in the Schedule; (2)The "bodily injury" or "property damage" did not occur before the Retroactive Date, if any, shown in the Declarations or after the end of the policy period; and (3)A claim for damages because of the "bodily injury" or "property damage" is first made against any insured, in accordance with Paragraph 1.c. of this Insuring Agreement, during the policy period or any Extended Reporting Period we provide under Section V – Extended Reporting Periods. 2.Paragraph 1.b. under Section I – Coverage B – Personal And Advertising Injury Liability is replaced by the following: b.This insurance applies to "personal and advertising injury" caused by an offense committed in the "coverage territory" but only if: (1)The offense arises out of your business: (a)Performed on the premises shown in the Schedule; or (b)In connection with the project or operation shown in the Schedule; (2)The offense was not committed before the Retroactive Date, if any, shown in the Declarations or after the end of the policy period; and DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB CG 21 44 04 17 © Insurance Services Office, Inc., 2016 Page 3 of 3 (3)A claim for damages because of the "personal and advertising injury" is first made against any insured, in accordance with Paragraph 1.c. of this Insuring Agreement, during the policy period or any Extended Reporting Period we provide under Section V – Extended Reporting Periods. However, with respect to Paragraph 1.b.(1)(a) of this Insuring Agreement, if the "personal and advertising injury" is caused by: (1)False arrest, detention or imprisonment; or (2)The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; then such offense must arise out of your business performed on the premises shown in the Schedule and the offense must have been committed on the premises shown in the Schedule or the grounds and structures appurtenant to those premises. 3.Paragraph 1.a. under Section I – Coverage C – Medical Payments is replaced by the following: a.We will pay medical expenses as described below for "bodily injury" caused by an accident that takes place in the "coverage territory" if the "bodily injury": (1)Occurs on the premises shown in the Schedule or the grounds and structures appurtenant to those premises; or (2)Arises out of the project or operation shown in the Schedule; provided that: (a)The accident takes place during the policy period; (b)The expenses are incurred and reported to us within one year of the date of the accident; and (c)The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB COMMERCIAL GENERAL LIABILITY CG 21 47 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 47 12 07 © ISO Properties, Inc., 2006 Page 1 of 1 EMPLOYMENT-RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2., Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability: This insurance does not apply to: "Bodily injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment-related practices, policies, acts or omissions, such as coercion, demo- tion, evaluation, reassignment, discipline, defamation, harassment, humiliation, dis- crimination or malicious prosecution di- rected at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment- related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the injury-causing event described in Paragraphs (a), (b) or (c) above occurs before employment, during employment or after em- ployment of that person; (2) Whether the insured may be liable as an em- ployer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. B. The following exclusion is added to Paragraph 2., Exclusions of Section I – Coverage B – 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 employment; or (c) Employment-related practices, policies, acts or omissions, such as coercion, demo- tion, evaluation, reassignment, discipline, defamation, harassment, humiliation, dis- crimination or malicious prosecution di- rected at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any of the employment-related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the injury-causing event described in Paragraphs (a), (b) or (c) above occurs before employment, during employment or after em- ployment of that person; (2) Whether the insured may be liable as an em- ployer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 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 oo TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under Paragraph 2., Exclusions of Section I – Coverage A – Bodily Injury And Prop- erty 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 neutralizing, or in any way responding to, or assessing the effects of, "pollutants". DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB POLICY NUMBER: ESB-HS-GL-0001096-00 COMMERCIAL GENERAL LIABILITY CG 21 53 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 53 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1  EXCLUSION – DESIGNATED ONGOING OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description of Designated Ongoing Operation(s): ANY AND ALL OPERATIONS OTHER THAN LIFEGUARD SERVICES AT THE CHRISTOPHER HIGH SCHOOL AQUATICS CENTER AT 850 DAY ROAD, GILROY, CA 95020. Specified Location (If Applicable): (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following exclusion is added to paragraph 2., Exclusions of COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I – Coverages): This insurance does not apply to "bodily injury" or "property damage" arising out of the ongoing operations described in the Schedule of this endorsement, regardless of whether such operations are conducted by you or on your behalf or whether the operations are conducted for yourself or for others. Unless a "location" is specified in the Schedule, this exclusion applies regardless of where such operations are conducted by you or on your behalf. If a specific "location" is designated in the Schedule of this endorsement, this exclusion applies only to the described ongoing operations conducted at that "location". For the purpose of this endorsement, "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. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB COMMERCIAL GENERAL LIABILITY CG 21 67 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 67 12 04 © ISO Properties, Inc., 2003 Page 1 of 1  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 in- halation of, ingestion of, contact with, expo- sure to, existence of, or presence of, any "fungi" or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such injury or damage. b. Any loss, cost or 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 does not apply to any "fungi" or bacteria that are, are on, or are contained in, a good or product intended for bodily consum p- tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverage B – Person- al 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 threat- ened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of any "fungi" or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed con- currently or in any sequence to such injury. 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. C. The following definition is added to the Definitions Section: "Fungi" means any type or form of fungus, includ- ing mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fun- gi. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB COMMERCIAL GENERAL LIABILITY CG 21 75 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 75 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 2 EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 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. The following exclusion is added: This insurance does not apply to: TERRORISM "Any injury or damage" arising, directly or indirectly, out of a "certified act of terrorism", or out of an "other act of terrorism" that is committed outside of the United States (including its territories and possessions and Puerto Rico), but within the "coverage territory". However, with respect to an "other act of terrorism", this exclusion applies only when one or more of the following are attributed to such act: 1. The total of insured damage to all types of property exceeds $25,000,000 (valued in US dollars). In determining whether the $25,000,000 threshold is exceeded, we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions; or 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision, serious physical injury means: a. Physical injury that involves a substantial risk of death; or b. Protracted and obvious physical disfigurement; or c. Protracted loss of or impairment of the function of a bodily member or organ; or 3. The terrorism involves the use, release or escape of nuclear materials, or directly or indirectly results in nuclear reaction or radiation or radioactive contamination; or 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or 5. Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion, Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an "other act of terrorism" and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. B. The following definitions are added: 1. For the purposes of this endorsement, "any injury or damage" means any injury or damage covered under any Coverage Part to which this endorsement is applicable, and includes but is not limited to "bodily injury", "property damage", "personal and advertising injury", "injury" or "environmental damage" as may be defined in any applicable Coverage Part. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB Page 2 of 2 © Insurance Services Office, Inc., 2015 CG 21 75 01 15 2. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: a. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; b. The act resulted in damage: (1) Within the United States (including its territories and possessions and Puerto Rico); or (2) Outside of the United States in the case of: (a) An air carrier (as defined in Section 40102 of title 49, United States Code) or United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), regardless of where the loss occurs; or (b) The premises of any United States mission; and c. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 3. "Other act of terrorism" means a violent act or an act that is dangerous to human life, property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion, and the act is not a "certified act of terrorism". Multiple incidents of an "other act of terrorism" which occur within a seventy-two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB COMMERCIAL GENERAL LIABILITY CG 21 96 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 96 03 05 ' ISO Properties, Inc., 2004 Page 1 of 1 !!!! SILICA OR SILICA-RELATED DUST 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: Silica Or Silica-Related Dust a. "Bodily injury" arising, in whole or in part, out of the actual, alleged, threatened or sus- pected inhalation of, or ingestion of, "silica" or "silica-related dust". b. "Property damage" arising, in whole or in part, out of the actual, alleged, threatened or suspected contact with, exposure to, ex- istence of, or presence of, "silica" or "silica- related dust". c. Any loss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, contain- ing, treating, detoxifying, neutralizing, reme- diating or disposing of, or in any way re- sponding to or assessing the effects of, "silica" or "silica-related dust", by any in- sured or by any other person or entity. 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: Silica Or Silica-Related Dust a. "Personal and advertising injury" arising, in whole or in part, out of the actual, alleged, threatened or suspected inhalation of, in- gestion of, contact with, exposure to, exis- tence of, or presence of, "silica" or "silica- related dust". b. Any loss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, contain- ing, treating, detoxifying, neutralizing, reme- diating or disposing of, or in any way re- sponding to or assessing the effects of, "silica" or "silica-related dust", by any in- sured or by any other person or entity. C. The following definitions are added to the Defini- tions Section: 1. "Silica" means silicon dioxide (occurring in crystalline, amorphous and impure forms), sil- ica particles, silica dust or silica compounds. 2. "Silica-related dust" means a mixture or combi- nation of silica and other dust or particles. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB COMMERCIAL GENERAL LIABILITY CG 24 01 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 24 01 12 04 © ISO Properties, Inc., 2003 Page 1 of 1  NON-BINDING ARBITRATION 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY If we and the insured do not agree whether coverage is provided under this Coverage Part for a claim made against the insured, then either party may make a written demand for arbitration. When this demand is made, each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that selection be made by a judge of a court having juris- diction. Each party will: 1. Pay the expenses it incurs; and 2. Bear the expenses of the third arbitrator equal- ly. Unless both parties agree otherwise, arbitration will take place in the county or parish in which the ad- dress shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. Any decision agreed to by the arbitrators may be appealed to a court of competent jurisdictions. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB COMMERCIAL GENERAL LIABILITY CG 24 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 24 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 AMENDMENT OF INSURED CONTRACT DEFINITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The definition of "insured contract" in the Definitions section is replaced by the following: "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. However, such part of a contract or agreement shall only be considered an "insured contract" to the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB COMMERCIAL GENERAL LIABILITY CG 40 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 40 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 EXCLUSION – CROSS SUITS LIABILITY 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 – Coverages – Coverage A – Bodily Injury And Property Damage Liability: This insurance does not apply to: Cross Suits Any claim made or "suit" brought by any Named Insured under this Policy against another Named Insured under this Policy for damages because of "bodily injury" or "property damage". B. The following is added to Paragraph 2. Exclusions of Section I – Coverages – Coverage B – Personal And Advertising Injury Liability: This insurance does not apply to: Cross Suits Any claim made or "suit" brought by any Named Insured under this Policy against another Named Insured under this Policy for damages because of "personal and advertising injury". DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB COMMERCIAL GENERAL LIABILITY CG 40 28 09 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 40 28 09 22 © Insurance Services Office, Inc., 2021 Page 1 of 1 BROAD ABUSE OR MOLESTATION EXCLUSION 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 Section I – Coverage B – Personal And Advertising Injury Liability: This insurance does not apply to damages arising out of: 1.The actual, alleged or threatened abuse or molestation, including but not limited to sexual abuse or sexual molestation, of any person committed by anyone; or 2.The negligent: a.Employment; b.Investigation; c.Supervision; d.Reporting to the proper authorities, or failure to so report; or e.Retention; of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by Paragraph 1. above. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB IL 00 03 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 00 03 09 08 © ISO Properties, Inc., 2007 Page 1 of 1 CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following: 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 EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL 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 The following is added: The premium shown in the Declarations was com- puted based on rates in effect at the time the policy was issued. On each renewal, continuation, or anni- versary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB IL 00 17 11 98 IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 oo 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 de- livering to us advance written notice of cancel- lation. 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 suf- ficient 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 insurance inspections, surveys, reports or recommendations. 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 ves- sels 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 trans- ferred to your legal representative but only while acting within the scope of duties as your legal rep- resentative. 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: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 00 21 09 08 © ISO Properties, Inc., 2007 Page 1 of 2 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL 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 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 nu- clear energy liability policy issued by Nu- clear Energy Liability Insurance Associa- tion, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Associa- tion of Canada or any of their successors, or would be an insured under any such pol- icy but for its termination upon exhaustion of its limit of liability; 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 in- jury" resulting from the "hazardous properties" of "nuclear material" and arising out of the op- eration of a "nuclear facility" by any person or organization. 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 be- half of, an "insured" or (b) has been dis- charged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time pos- sessed, handled, 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 services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nu- clear facility", but if such facility is located within the United States of America, its terri- tories or possessions or Canada, this ex- clusion (3) applies only to "property dam- age" 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". DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB Page 2 of 2 © ISO Properties, Inc., 2007 IL 00 21 09 08 "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 ex- posed to radiation in a "nuclear reactor". "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentra- tion of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or or- ganization of any "nuclear facility" included under the first two paragraphs of the definition of "nu- clear facility". "Nuclear facility" means: (a) Any "nuclear reactor"; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel", or (3) handling, processing or packag- ing "waste"; (c) Any equipment or device used for the proc- essing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto- nium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radioac- tive contamination of property. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. SOS HSIC CW SOS 09 13 SERVICE OF SUIT As used in this endorsement, “we”, “us”, and “our”, refer to Houston Specialty Insurance Company (HSIC). This applies in jurisdictions where we are not an admitted insurer. It is agreed that in the event of our failure to pay the amount claimed to be due hereunder, we, at the request of the insured, will submit to the jurisdiction of any court of competent jurisdiction within the United States and will comply with all requirements necessary to give such court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such court. It is further agreed that, pursuant to any statute of any state, territory or district of the United States which make provision therefor, we hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the insured or any beneficiary hereunder arising out to this policy of insurance and hereby designate Houston Specialty Insurance Company General Counsel 800 Gessner Road, Suite 600 Houston, Texas 77024-4538 DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CG ES 01 03 10 20 HSIC CG ES 01 03 10 20 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ THIS CAREFULLY. AMENDMENT - DEFINITION OF EMPLOYEE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION V - DEFINITIONS, 5. "Employee" is replaced by the following: 5. "Employee" includes a "leased worker", a "temporary worker" or a "loaned employee". B. For the purpose of this endorsement only, the following definition is added to SECTION V - DEFINITIONS: "Loaned employee" means a worker provided to you, other than by a labor union or a labor leasing firm, who acts at the direction of and within the scope of duties determined by any insured, but for whom you do not withhold any income tax or any unemployment tax. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CG ES 01 18 10 20 HSIC CG ES 01 18 10 20 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CLASSIFICATION LIMITATION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Coverage under this policy applies only to those operations described in the Schedule of Insurance, Coverage Parts, Declarations and or endorsements made a part of this policy. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CG ES 01 27 10 20 HSIC CG ES 01 27 10 20 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ THIS CAREFULLY. EXCLUSION - BREACH OF CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions: Breach of Contract Any claim for "bodily injury'' or "property damage" arising from, directly or indirectly, breach of an express contract, including breach of an implied in law or implied in fact contract. This exclusion does not apply to liability for damages that an insured would have in the absence of the contract. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CG ES 01 45 10 20 HSIC CG ES 01 45 10 20 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION INJURY TO INDEPENDENT CONTRACTORS OR THEIR EMPLOYEES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions, and SECTION I - COVERAGES, COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions: This insurance does not apply to claims, costs or expenses due to "bodily injury", "property damage" or "personal and advertising injury" sustained by the owner, partner or "employee" of an independent contractor working for you or on your behalf. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CG ES 01 47 10 20 HSIC CG ES 01 47 10 20 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - INTELLECTUAL PROPERTY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to SECTION I - COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions and SECTION I – COVERAGES and SECTION I – COVERAGES, COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions: Intellectual Property "Bodily injury", "property damage" or "personal and advertising injury" arising out of the actual or alleged infringement, misappropriation or violation of intellectual property rights or laws, including but not limited to: (1) Trademark, (2) Trade dress, (3) Slogan, (4) Style of doing business, (5) Copyright, (6) Patent rights, (7) Trade secret rights, (8) Publicity rights, (9) Moral rights, or (10) Rights against unfair competition. B. SECTION I - COVERAGES, COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions, subparagraph f. Breach Of Contract is replaced by the following: f. Breach Of Contract This insurance does not apply to "personal and advertising injury" caused by or arising out of a breach of contract. C. SECTION I - COVERAGES, COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions, subparagraph i. Infringement Of Copyright, Patent, Trademark Or Trade Secret is deleted. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CG ES 01 52 10 20 HSIC CG ES 01 52 10 20 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - PUNITIVE DAMAGES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions, SECTION I - COVERAGES, COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions and SECTION I - COVERAGES, COVERAGE C - MEDICAL PAYMENTS, Paragraph 2. Exclusions: This insurance does not apply to damages assessed for punitive damages, exemplary damages, multiplied damages, fines, penalties or liquidated damages. If a "suit" is brought against you for a claim falling within the cov erage provided by this policy, seeking both compensatory and punitive damages, exemplary damages, multiplied damages, fines, penalties or liquidated damages, we will afford a defense to such action, but we shall not have an obligation to pay any cost, interest or damages attributed to punitive damages, exemplary damages, multiplied damages, fines, penalties or liquidated damages. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CG ES 01 62 10 20 HSIC CG ES 01 62 10 20 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ THIS CAREFULLY. EXCLUSION - DISCRIMINATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions and SECTION I - COVERAGES, COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions: Discrimination This insurance does not apply to any liability or damages based upon, arising out of, resulting from or in consequence of, or in any way involving, directly or indirectly, any actual or alleged violation of any federal, state, or local governmental law or regulation prohibiting discrimination. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CG ES 01 70 10 20 HSIC CG ES 01 70 10 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to Paragraph 2. Exclusions of SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Paragraph 2. Exclusions of SECTION I – COVERAGES, COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY: This insurance does not apply to: Asbestos 1. “Bodily injury”, “property damage”, “personal and advertising injury” or “reduction in value” related, in whole or in part, to the actual, alleged, or threatened presence of, or exposure to “asbestos” in any form, or to harmful substances emanating from “asbestos”. This includes ingestion of, inhalation of, absorption of, contact with, existence of, presence of, or exposure to, “asbestos”. Such injury from or exposure to “asbestos” also includes, but is not limited to: a. The existence, installation, storage, handling or transportation of “asbestos”; b. The removal, abatement or containment of “asbestos” from any structures, materials, goods, products or manufacturing process; c. The disposal of “asbestos”; d. Any structures, manufacturing processes, or products containing “asbestos”; e. Any obligation to share damages with or repay someone else who must pay dam ages because of such injury or damage; or f. Any supervision, instructions, recommendations, warnings or advice given or which should have been given in connection with the above. Such injury or damage is excluded regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such injury or damage. 2. Any loss, cost or expense, including, but not limited to payment for investigation or defense, fines, penalties and other costs or expenses, arising, in whole or in part, out of: a. Any claim, “suit”, demand, judgment, obligation, order, request, settlement, or statutory or regulatory requirement that any insured or any other person or entity test for, monitor, clean up, remove, contain, mitigate, treat, neutralize, remediate, or dispose of, or in any way respond to, or assess the actual or alleged effects of “asbestos”; or b. The testing for, monitoring, cleaning up, removing, containing, mitigating, treating, neutralizing, remediating, or disposing of, or in any way responding to or assessing the actual or alleged effects of, “asbestos” by any insured or by any other person or entity; or c. Any claim, “suit”, demand, judgment, obligation, or request to investigate which would not have occurred, in whole or in part, but for the actual or alleged presence of or exposure to “asbestos”. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CG ES 01 70 10 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 B. The following exclusion is added to Paragraph 2. Exclusions, of COVERAGE C. MEDICAL PAYMENTS: We will not pay expenses for “bodily injury”: Asbestos Due to the actual, alleged or threatened ingestions of, inhalation of, absorption of, contact with, existence of, presence of, or exposure to, “asbestos” in any form. C. The following definitions are added to the SECTION V - DEFINITIONS: 1. “Asbestos” means any type or form of asbestos, asbestos fibers, asbestos products, or asbestos materials, including any products, goods, or materials containing asbestos or asbestos fibers, products or materials and any gases, vapors, scents or by-products produced or released by asbestos. 2. “Reduction in value” means any claim, demand or “suit” that alleges diminution, impairment or devaluation of property. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CG ES 01 69 12 22 HSIC CG ES 01 69 12 22 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL FIREARMS EXCLUSION This endorsement changes modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to: ”Bodily injury”, “property damage”, or “personal and advertising injury” arising out of, resulting from or in any way connected to, in whole or in part, the use of or failure to use any firearm(s). DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CG ES 01 76 10 20 HSIC CG ES 01 76 10 20 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INTERIM PREMIUM AUDIT CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 5. Premium Audit of the COMMERCIAL GENERAL LIABILITY COVERAGE PART and to SECTION IV – PRODUCTS/COMPLETED OPERATIONS LIABILITY CONDITIONS, Paragraph 5. Premium Audit of the PRODUCTS/COMPLETED OPERATIONS COVERATE PART: We reserve the right to conduct a complete audit of your records during the policy term to determine the adequacy of the advance premium deposit. If the earned premium computed for the interim audit period exceeds the prorated advance premium by an amount 10% or more we shall reserve the right to amend the premium base(s) in the Declarations to reflect the data produced by the interim audit and to revise the advance premium accordingly. Any additional premium will be due and payable upon notice to the first Named Insured. This provision shall not serve to amend the minimum premium as shown in the Declarations or our right to conduct f urther audits as per Paragraph b. above. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CG ES 01 77 10 20 HSIC CG ES 01 77 10 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LEAD 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 both SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY and SECTION I – COVERAGES, COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY: This insurance does not apply to: Lead 1. “Bodily injury”, “property damage”, “personal and advertising injury” or “reduction in value” arising out of the actual, alleged, or threatened presence of, or exposure to “lead”, or to harmful substances emanating from “lead”. This includes ingestion of, inhalation of, absorption of, contact with, existence of, presence of, or exposure to, “lead”. Such injury from or exposure to “lead” also includes, but is not limited to: a. The existence, installation, storage, handling or transportation of “lead”; b. The removal, abatement or containment of “lead” from any structures, materials, goods, products or manufacturing processes; c. The disposal of “lead”; d. Any structures, manufacturing processes, or products containing “lead”; e. Any obligation to share damages with or repay someone else who must pay damages because of such injury or damage; or f. Any supervision, instructions, recommendations, warnings or advice given or which should have been given in connection with any of the above. 2. Any loss, cost or expense, including, but not limited to payment for investigation or defense, fines, penalties and other costs or expenses, arising out of any: a. Demand, judgment, obligation, order, request, settlement, or statutory or regulatory requirement that any insured or any other person or entity test for, monitor, clean up, remove, contain, mitigate, treat, neutralize, remediate, or dispose of, or in any way respond to, or assess the actual or alleged effects of “lead”; or b. Testing for, monitoring, cleaning up, removing, containing, mitigating, or disposing of, or in any way responding to or assessing the actual, alleged or threatened effects of, “lead” by any insured or by any other person or entity; or c. Claim, “suit”, demand, judgment, obligation, order or request to investigate which would not have occurred, in whole or in part, but for the actual, alleged or threatened presence of or exposure to “lead”. This exclusion applies regardless of who manufactured, produced, installed, used, owned, sold, distributed, handled, stored or controlled the “lead”. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CG ES 01 77 10 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 B. Additional Definitions: As used in this endorsement: 1. “Lead” means lead in any type or form; paint containing lead; other products, goods or materials containing lead or lead products; and any harmful substances, scents, vapors, gases or by-products produced by, emanating from, or released by lead. 2. “Reduction in value” means any claim, demand or “suit” that alleges diminution, impairment or devaluation of property. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CG ES 01 91 10 20 HSIC CG ES 01 91 10 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL AUTO EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions, subparagraph g. is replaced by the following: g. Aircraft Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft 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 or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; (3) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or (4) "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”. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CG ES 01 91 10 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 B. The following is added to SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions: Auto Any liability arising out of the ownership, maintenance, operation, use, "loading or unloading" of any "auto", whether owned, maintained, operated, used, loaded or unloaded by you or by others acting on your behalf. Further, we shall have no duty to defend any insured against any loss, claim, "suit", or other proceedings alleging damages arising out of or related to "bodily injury" or "property damage" to which this endorsement applies. 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 auto that is owned or operated by or rented or loaned to any insured. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CG ES 01 95 10 20 HSIC CG ES 01 95 10 20 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINIMUM AND DEPOSIT PREMIUM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 5. Premium Audit, subparagraph b. is deleted and replaced with the following: b. The minimum and deposit premium shown on the Declarations page of this policy is the “advance premium” for the full policy term applicable to this policy. At the close of each audit period, we will compute the “earned premium” for that period. The “audit premium” is due and payable to us on notice to the first Named Insured. If the “audit premium” is less than the minimum and deposit premium, the minimum and deposit premium will apply, with no return to you. B. COMMON POLICY CONDITIONS, A. Cancellation, Paragraph 5. is deleted and replaced with the following: 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 will reflect either a 25% “minimum earned premium” or a short-rate charge of 90% of the pro rata premium, whichever is greater. If the insured cancels after 12 months, the “advance premium” is fully earned. Any cancellation will be effective even if we have not made or offered a refund. “Advance Premium” = $25,000.00 “Minimum Earned Premium” = 25% of the “advance premium” or $_______ “Minimum Audit Premium” = 100% of the “advance premium” or $25,000.00 C.For the purposes of this endorsement, the following terms are defined: 1.“Advance premium” means the premium that is stated in the policy declarations and payable in full by the first Named Insured at the inception of the policy. 2.“Audit premium” means the premium that is developed by calculating the difference between the “advance premium” and the “earned premium”. 3.“Earned premium” means the premium that is developed by applying the rate(s) scheduled in the policy to the actual premium basis (determined by a final audit) for the policy period. 4.“Minimum audit premium” means the lowest premium for which insurance will be written for the full policy period or 12 months, whichever is less, and is developed as a percentage of the “advance premium”. 5.“Minimum earned premium” means the absolute lowest premium for which insurance will be written for any portion of the policy period and is developed as a percentage of the “advance premium”. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CG ES 01 96 10 20 HSIC CG ES 01 96 10 20 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION – ASSAULT OR BATTERY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART A. The following exclusion is added to SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions and SECTION I – COVERAGES, COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions of the COMMERCIAL GENERAL LIABILITY COVERAGE PART and SECTION I – LIQUOR LIABILITY COVERAGE, Paragraph 2. Exclusions of the LIQUOR LIABILITY COVERAGE PART: This insurance does not apply to, nor shall we have the duty to defend, any claim or "suit" for “bodily injury”, “property damage”, “personal and advertising injury”, or “injury” arising out of or related to any of the following: 1. “Assault” and/or “battery” committed by any insured, any employee of any insured or any other person, whether or not caused by or at the direction of any insured, or arising because of the negligence of any insured; or 2. “Assault” and/or “battery” resulting from the negligent hiring, retention, training, supervision or control of any employee of the insured; or 3. The failure to prevent or suppress an “assault” and “battery” by any person; or 4. The failure to provide an environment safe from “assault” and “battery”, including but not limited to the failure to maintain security; or 5. The use of force to protect persons or property. This exclusion supersedes any provision in the attached policy that provides coverage for “bodily injury” arising out of, directly or indirectly resulting from, in consequence of, or in any way involving the use of reasonable force to protect person(s) or property. B. The following definitions are added to SECTION V – DEFINITIONS: “Assault” means the threat of, or use of force on another that causes that person to have the apprehension of imminent harmful or offensive conduct, whether or not the threat or use of forc e is alleged to be negligent, intentional or criminal in nature. “Battery” means negligent or intentional physical contact with another without consent that results in physical or emotional injury. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CG ES 02 05 10 20 HSIC CG ES 02 05 10 20 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - LIQUOR LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions, subparagraph c. Liquor Liability is replaced by the following: c. Liquor Liability "Bodily injury" or "property damage" for which the insured, or anyone the insured may be held liable for, may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies to an insured, or anyone the insured may be held liable for, who: (1) Manufactures, sells or distributes alcoholic beverages; or (2) Serves or furnishes alcoholic beverages with or without a charge; or (3) Permits others to bring alcoholic beverages on your premises, for consumption on your premises. This exclusion applies even if the claims against any insured, or anyone the insured may be held liable for, allege negligence or other wrongdoing in: (1) The supervision, hiring, employment, training or monitoring of others by that insured; or (2) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CG ES 02 10 10 20 HSIC CG ES 02 10 10 20 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY LIABILITY INSURANCE DEDUCTIBLE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Coverage Amount and Basis of Deductible Bodily Injury Liability, or; Per Claim Per Occurrence Property Damage Liability, or, Bodily Injury Liability and/or Property Damage Liability Combined $5,000 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) APPLICATION OF ENDORSEMENT (Enter below any limitations on the application of this endorsement. If no limitation is entered, the deductibles apply to damages for all "bodily injury" and "property damage", however caused). THE DEDUCTIBLE AMOUNT SHALL ALSO INCLUDE ALL ALLOCATED EXPENSES, INCLUDING LEGAL EXPENSES, INCURRED BY THE COMPANY IN THE INVESTIGATION, NEGOTIATION, SETTLEMENT AND DEFENSE OF ANY CLAIM OR SUIT SEEKING DAMAGES. A.Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay damages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the SCHEDULE above as applicable to such coverages. B.You may select a deductible amount on either a per claim or a per "occurrence" basis. Your selected deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the SCHEDULE above. The deductible amount stated in the SCHEDULE above applies as follows: DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CG ES 02 10 10 20 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 2 of 2 1. Per Claim Basis If the deductible amount indicated in the SCHEDULE above is on a per claim basis, that deductible applies as follows: a.Under Bodily Injury Liability Coverage, to all damages sustained by any one person because of "bodily injury"; b.Under Property Damage Liability Coverage, to all damages sustained by any one person because of "property damage"; or c.Under Bodily Injury Liability and/or Property Damage Liability Coverage Combined, to all damages sustained by any one person because of: (1)"Bodily injury"; (2)"Property damage"; or (3)"Bodily injury" and "property damage" combined as the result of any one "occurrence". If damages are claimed for care, loss of services or death resulting at any time from "bodily injury", a separate deductible amount will be applied to each person making a claim for such damages. With respect to "property damage", person includes an organization. 2. Per Occurrence Basis If the deductible amount indicated in the SCHEDULE above is on a "per occurrence" basis, that deductible amount applies as follows: a.Under Bodily Injury Liability Coverage, to all damages because of "bodily injury"; b.Under Property Damage Liability Coverage, to all damages because of "property damage"; or c.Under Bodily Injury Liability and/or Property Damage Liability Coverage Combined, to all damages because of: (1)"Bodily injury"; (2)"Property damage"; or (3)"Bodily injury" and "property damage" combined as the result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence". C.The terms of this insurance, including those with respect to: 1.Our right and duty to defend the insured against any "suits" seeking those damages; and 2.Your duties in the event of an "occurrence", claim, or “suit” apply irrespective of the application of the deductible amount. D.We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CG ES 02 29 01 21 HSIC CG ES 02 29 01 21 Page 1 of 5 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEFINITION OF PREMIUM BASIS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART Premiums are computed in accordance with the rates and premium basis shown in the Policy Declarations. The first Named Insured is responsible for keeping records of the information we need for the premium computation. Refer to Premium Audit Conditions in the Coverage form and the Common Policy Conditions. Definitions: A. Admissions The total number of persons, other than employees of the named insured, admitted to the event insured or to events conducted on the premises whether on paid admission, tickets, complimentary tickets or passes. B. Area The total number of square feet of floor space at the insured premises, computed as follows: 1. For entire buildings, by multiplying the product of the horizontal dimensions of the outside of the outer building walls by the number of floors, including basements but do not use the area of the following: a. Courts and mezzanine types of floor openings. b. Portions of basements or floors where 50% or more of the area is used for shop or storage for building maintenance, dwelling by building maintenance employees, heating units, power plants or air conditioning equipment. 2. For tenants, determine the area they occupy in the same manner as for the entire buildings. C. Each This basis of premium involves units of exposure, and the quantity comprising each unit of exposure is indicated in the classification rates, such as "per person". DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CG ES 02 29 01 21 HSIC CG ES 02 29 01 21 Page 2 of 5 D. Gross Sales 1. Definition The gross amount charged by the named insured, concessionaires of the named insured or by others trading under the insured's named for: a. All goods or products, sold or distributed; b. Operations performed during the policy period; c. Rentals. 2. Inclusions The following items shall not be deducted from gross sales: a. Foreign exchange discounts; b. Freight allowance to customers; c. Total sales of consigned goods and warehouse receipts d. Trade or cash discounts; e. Bad debts; f. Repossession of items sold on installments (amount actually collect); g. Membership dues or fees; h. Ticket sales or admission charges 3. Exclusions The following items shall be deducted from gross sales: a. Sales or excise taxes which are collected and submitted to a governmental division; b. Credits for repossessed merchandise and products returned. Allowances for damaged and spoiled goods; c. Finance charges for items sold on installments; d. Freight charges on sales if freight is charged as a separate item on customers invoice; and e. Royalty income from patent rights or copyrights which are not product sales. E. Payroll 1. Definition a. Payroll means remuneration; b. Remuneration means money or substitutes for money; DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CG ES 02 29 01 21 HSIC CG ES 02 29 01 21 Page 3 of 5 2. Payroll includes the following items: a. Commissions; b. Bonuses; c. Extra pay for overtime work, except as proved in E.4.; d. Pay for holidays, vacations or periods of sickness; e. Payment by an employer of amounts otherwise required by law to be paid by employees to statutory insurance or pension plans, such as the Federal Social Security Act; f. Payment to employees on any basis other than time worked, such as piece work, profit sharing of incentive plans; g. Payment or allowance for hand tools or power tools used by hand provided by employees and used in their work or operations for the insured; h. The rental value of an apartment or a house provided for an employee based on comparable accommodations; i. The value of lodging, other than an apartment or house, received by employees as part of their pay, to the extent shown in the insured's records; j. The value of meals received by employees as part of their pay to the extent shown in the insured 's records; k. The value of store certificates, merchandise, credits or any other substitute for money received by employees as part of their pay; l. The payroll of mobile equipment operators and their helpers, whether or not the operators are designated or licensed to operate automobiles. If the operators and their helpers are provided to the insured along with equipment hired under contract and their actual payroll is not known, use 1/3 of the total amount paid out by the insured for the hire of the equipment; m. The payroll of executive officers and individual insureds and co-partners. Individual states may have their own limitations of this payroll category; The executive officers of a corporation are the president, any vice-president, secretary, treasurer, and any other officers selected or appointed according to the charter, constitution or by-laws of the corporation. Exception: The payroll of all executive officers and individual insured or co-partners engaged principally in clerical operations or as salesmen shall not be included for premium purposes. Part-Time or Seasonal Businesses The payroll amounts may be reduced by 2 percent for each full calendar week in excess of twelve during which the risk performs no operations. n. Fees paid to employment agencies for temporary personnel provided to the insured; DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CG ES 02 29 01 21 HSIC CG ES 02 29 01 21 Page 4 of 5 3. Payroll does not include: a. Tips and other gratuities received by employees; b. Payments by an employer to group insurance or group pension plans for employees , other than payments covered by E.2.e; c. The value of special rewards for individual invention or discovery; d. Dismissal or severance payments except for time worked or accrued vacation; e. The payroll of clerical office employees; Clerical office employees are those employees who work in an area which is physically separated by walls, floors or partitions from all other work areas of the insured and whose duties are strictly limited to keeping the insured's books or records or conducting correspondence, including any other employees engaged in clerical work in the same area. f. The payroll of salesmen, collectors or messengers who work principally away from the insured's premises. Salesmen, collectors or messengers are those employees engaged principally in any such duties away from the premises of the employer; Exception: This term does not apply to any employee whose duties include the delivery of any merchandise handled, treated or sold. g. The payroll of drivers and their helpers if their principal duties are to work on or in connection with automobiles; h. The payroll of aircraft pilots or co-pilots if their principal duties are to work on or in connection with aircraft in either capacity; i. The payroll of draftsmen if their duties are limited to office work only and who are engaged strictly as draftsmen in such a manner that they are not exposed to the operative hazards of the business. The payroll of these draftsmen shall be assigned to the classification "Draftsmen". 4. Overtime a. Definition Overtime means those hours worked for which there is an increase in the rate of pay: (1) For work in any day or in any week in excess of the number of hours normally worked, or (2) For hours worked in excess of 8 hours in any day or 40 hours in any week, or (3) For work on Saturdays, Sundays or Holidays. In the case of guaranteed wage agreements, overtime means only those hours worked in excess of the number specified in such agreement. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB HSIC CG ES 02 29 01 21 HSIC CG ES 02 29 01 21 Page 5 of 5 b. Exclusion of Overtime Payroll The extra pay for overtime shall be excluded from the payroll on which premium is computed as indicated in (1) or (2) below, provided the insured's books and records are maintained to show overtime pay separately by employee and in summary by classification. (1) If the records show separately the extra pay earned for overtime, the entire extra pay shall be excluded. (2) If the records show the total pay earned for overtime, (regular pay plus overtime pay) in one combined amount, 1/3 of this total pay shall be excluded. If double time is paid for overtime and the total pay for such overtime is recorded separately, 1/2 of the total pay for double time shall be excluded. Exception to b. above: Exclusion of overtime pay does not apply to payroll assigned to the "Stevedoring" classifications. F. Total Cost The total Cost of all work let or sublet in connection with each specific project including: 1. The cost of all labor, materials and equipment furnished, used or delivered for use in the execution of the work; 2. All fees, bonuses or commissions made, paid or due. G. Units A single room or group of rooms intended for occupancy as separate living quarters by a family, by a group of unrelated persons living together, or by a person living alone. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB Lloyd’s Certificate This Insurance is effected with certain Underwriters at Lloyd's, London. This Certificate is issued in accordance with the limited authorization granted to the Correspondent by certain Underwriters at Lloyd's, London whose syndicate numbers and the proportions underwritten by them can be ascertained from the office of the said Correspondent (such Underwriters being hereinafter called "Underwriters") and in consideration of the premium specified herein, Underwriters hereby bind themselves severally and not jointly, each for his own part and not one for another, their Executors and Administrators. The Assured is requested to read this Certificate, and if it is not correct, return it immediately to the Correspondent for appropriate alteration. All inquiries regarding this Certificate should be addressed to the following Correspondent: Tysers 71 Fenchurch Street London EC3M 4BS England SLC-3 (USA) NMA 2868 (24/08/2000) - amended Form approved by Lloyd’s Underwriters’ Non-Marine Association Limited DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB CERTIFICATE PROVISIONS 1. Signature Required. This Certificate shall not be valid unless signed by the Correspondent on the attached Declaration Page. 2. Correspondent Not Insurer. The Correspondent is not an Insurer hereunder and neither is nor shall be liable for any loss or claim whatsoever. The Insurers hereunder are those Underwriters at Lloyd's, London whose syndicate numbers can be ascertained as hereinbefore set forth. As used in this Certificate "Underwriters" shall be deemed to include incorporated as well as unincorporated persons or entities that are Underwriters at Lloyd's, London. 3. Cancellation. If this Certificate provides for cancellation and this Certificate is cancelled after the inception date, earned premium must be paid for the time the insurance has been in force. 4. Service of Suit. It is agreed that in the event of the failure of Underwriters to pay any amount claimed to be due hereunder, Underwriters, at the request of the Assured, will submit to the jurisdiction of a Court of competent jurisdiction within the United States. Nothing in this Clause constitutes or should be understood to constitute a waiver of Underwriters' rights to commence an action in any Court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another Court as permitted by the laws of the United States or of any State in the United States. It is further agreed that service of process in such suit may be made upon the firm or person named in the attached Declaration Page, and that in any suit instituted against any one of them upon this contract, Underwriters will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. The above-named are authorized and directed to accept service of process on behalf of Underwriters in any such suit and/or upon request of the Assured to give a written undertaking to the Assured that they will enter a general appearance upon Underwriters' behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, Underwriters hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Assured or any beneficiary hereunder arising out of this contract of insurance, and hereby designate the above -mentioned as the person to whom the said officer is authorized to mail such process or a true copy thereof. 5. Assignment. This Certificate shall not be assigned either in whole or in part without the written consent of the Correspondent endorsed hereon. 6. Attached Conditions Incorporated. This Certificate is made and accepted subject to all the provisions, conditions and warranties set forth herein, attached or endorsed, all of which are to be considered as incorporated herein. 7. Short Rate Cancellation. If the attached provisions provide for cancellation, the table below will be used to calculate the short rate proportion of the premium when applicable under the terms of cancellation. Short Rate Cancellation Table For Term of One Year. Days Insurance in Force Per Cent of one year Premium Days Insurance in Force Per Cent of one year Premium Days Insurance in Force Per Cent of one year Premium Days Insurance in Force Per Cent of one year Premium 1 ................................... 5% 2 ................................... 6 3 - 4 ................................... 7 5 - 6 ................................... 8 7 - 8 ................................... 9 9 - 10 ................................... 10 11 - 12 ................................... 11 13 - 14 ................................... 12 15 - 16 ................................... 13 17 - 18 ................................... 14 19 - 20 ................................... 15 21 - 22 ................................... 16 23 - 25 ................................... 17 26 - 29 ................................... 18 30 - 32 ( 1 mos ) .................. 19 33 - 36 ................................... 20 37 - 40 ................................... 21 41 - 43 ................................... 22 44 - 47 ................................... 23 48 - 51 ................................... 24 52 - 54 ................................... 25 55 - 58 ................................... 26 59 - 62 ( 2 mos ) .................. 27 63 - 65 ................................... 28 66 - 69 ................................... 29% 70 - 73 ................................... 30 74 - 76 ................................... 31 77 - 80 ................................... 32 81 - 83 ................................... 33 84 - 87 ................................... 34 88 - 91 ( 3 mos ) ................... 35 92 - 94 ................................... 36 95 - 98 ................................... 37 99 - 102 ................................... 38 103 - 105 ................................... 39 106 - 109 ................................... 40 110 - 113 ................................... 41 114 - 116 ................................... 42 117 - 120 ................................... 43 121 - 124 ( 4 mos ) ................... 44 125 - 127 ................................... 45 128 - 131 ................................... 46 132 - 135 ................................... 47 136 - 138 ................................... 48 139 - 142 ................................... 49 143 - 146 ................................... 50 147 - 149 ................................... 51 150 - 153 ( 5 mos ) ................... 52 154 - 156 ................................... 53% 157 - 160 ................................... 54 161 - 164 ................................... 55 165 - 167 ................................... 56 168 - 171 ................................... 57 172 - 175 ................................... 58 176 - 178 ................................... 59 179 - 182 ( 6 mos ) ................... 60 183 - 187 ................................... 61 188 - 191 ................................... 62 192 - 196 ................................... 63 197 - 200 ................................... 64 201 - 205 ................................... 65 206 - 209 ................................... 66 210 - 214 ( 7 mos ) ................... 67 215 - 218 ................................... 68 219 - 223 ................................... 69 224 - 228 ................................... 70 229 - 232 ................................... 71 233 - 237 ................................... 72 238 - 241 ................................... 73 242 - 246 ( 8 mos ) ................... 74 247 - 250 ................................... 75 251 - 255 ................................... 76 256 - 260 ................................... 77% 261 - 264 ................................... 78 265 - 269 ................................... 79 270 - 273 ( 9 mos ) .................. 80 274 - 278 ................................... 81 279 - 282 ................................... 82 283 - 287 ................................... 83 288 - 291 ................................... 84 292 - 296 ................................... 85 297 - 301 ................................... 86 302 - 305 ( 10 mos ) ................. 87 306 - 310 ................................... 88 311 - 314 ................................... 89 315 - 319 ................................... 90 320 - 323 ................................... 91 324 - 328 ................................... 92 329 - 332 ................................... 93 333 - 337 ( 11 mos ) ................. 94 338 - 342 ................................... 95 343 - 346 ................................... 96 347 - 351 ................................... 97 352 - 355 ................................... 98 356 - 360 ................................... 99 361 - 365 ( 12 mos ) ................. 100 Rules applicable to insurance with terms less than or more than one year: A. If insurance has been in force for one year or less, apply the short rate table for annual insurance to the full annual premium determined as for insurance written for a term of one year. B. If insurance has been in force for more than one year: 1. Determine full annual premium as for insurance written for a term of one year. 2. Deduct such premium from the full insurance premium, and on the remainder calculate the pro rata earned premium on the basis of the ratio of the length of time beyond one year the insurance has been in force to the length of time beyond one year for which the policy was originally written. 3. Add premium produced in accordance with items (1) and (2) to obtain earned premium during full period insurance has been in f orce. 8. This insurance is issued pursuant to the California Insurance Code, Sections 1760 through 1780, and is placed in an insurer or insurers not holding a Certificate of Authority from or regulated by the California Insurance Commissioner. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB CALIFORNIA SURPLUS LINES NOTICE 1 (POST BIND) NOTICE: 1. THE INSURANCE POLICY THAT YOU HAVE PURCHASED IS BEING ISSUED BY AN INSURER THAT IS NOT LICENSED BY THE STATE OF CALIFORNIA. THESE COMPANIES ARE CALLED "NONADMITTED" OR "SURPLUS LINE" INSURERS. 2. THE INSURER IS NOT SUBJECT TO THE FINANCIAL SOLVENCY REGULATION AND ENFORCEMENT THAT APPLY TO CALIFORNIA LICENSED INSURERS. 3. THE INSURER DOES NOT PARTICIPATE IN ANY OF THE INSURANCE GUARANTEE FUNDS CREATED BY CALIFORNIA LAW. THEREFORE, THESE FUNDS WILL NOT PAY YOUR CLAIMS OR PROTECT YOUR ASSETS IF THE INSURER BECOMES INSOLVENT AND IS UNABLE TO MAKE PAYMENTS AS PROMISED. 4. THE INSURER SHOULD BE LICENSED EITHER AS A FOREIGN INSURER IN ANOTHER STATE IN THE UNITED STATES OR AS A NON-UNITED STATES (ALIEN) INSURER. YOU SHOULD ASK QUESTIONS OF YOUR INSURANCE AGENT, BROKER, OR “SURPLUS LINE” BROKER OR CONTACT THE CALIFORNIA DEPARTMENT OF INSURANCE AT THE FOLLOWING TOLL-FREE TELEPHONE NUMBER 1-800-927-4357 OR INTERNET WEB SITE WWW.INSURANCE.CA.GOV . ASK WHETHER OR NOT THE INSURER IS LICENSED AS A FOREIGN OR NON-UNITED STATES (ALIEN) INSURER AND FOR ADDITIONAL INFORMATION ABOUT THE INSURER. YOU MAY ALSO CONTACT THE NAIC’S INTERNET WEBSITE AT WWW.NAIC.ORG . 5. FOREIGN INSURERS SHOULD BE LICENSED BY A STATE IN THE UNITED STATES AND YOU MAY CONTACT THAT STATE’S DEPARTMENT OF INSURANCE TO OBTAIN MORE INFORMATION ABOUT THAT INSURER. 6. FOR NON-UNITED STATES (ALIEN) INSURERS, THE INSURER SHOULD BE LICENSED BY A COUNTRY OUTSIDE OF THE UNITED STATES AND SHOULD BE ON THE NAIC’S INTERNATIONAL INSURERS DEPARTMENT (IID) LISTING OF APPROVED NONADMITTED NON - UNITED STATES INSURERS. ASK YOUR AGENT, BROKER, OR “SURPLUS LINE” BROKER TO OBTAIN MORE INFORMATION ABOUT THAT INSURER. 7. CALIFORNIA MAINTAINS A LIST OF APPROVED SURPLUS LINE INSURERS. ASK YOUR AGENT OR BROKER IF THE INSURER IS ON THAT LIST, OR VIEW THAT LIST AT THE INTERNET WEB SITE OF THE CALIFORNIA DEPARTMENT OF INSURANCE: WWW.INSURANCE.CA.GOV . 8. IF YOU, AS THE APPLICANT, REQUIRED THAT THE INSURANCE POLICY YOU HAVE PURCHASED BE BOUND IMMEDIATELY, EITHER BECAUSE EXISTING COVERAGE WAS GOING TO LAPSE WITHIN TWO BUSINESS DAYS OR BECAUSE YOU WERE REQUIRED TO HAVE COVERAGE WITHIN TWO BUSINESS DAYS, AND YOU DID NOT RECEIVE THIS DISCLOSURE FORM AND A REQUEST FOR YOUR SIGNATURE UNTIL AFTER COVERAGE BECAME EFFECTIVE, YOU HAVE THE RIGHT TO CANCEL THIS POLICY WITHIN FIVE DAYS OF RECEIVING THIS DISCLOSURE. IF YOU CANCEL COVERAGE, THE PREMIUM WILL BE PRORATED AND ANY BROKER’S FEE CHARGED FOR THIS INSURANCE WILL BE RETURNED TO YOU. LMA9098A 04 May 2017 DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB CALIFORNIA COMPLAINTS NOTICE To request assistance or make an initial complaint, you should contact: Tysers 71 Fenchurch Street London EC3M 4BS Email: complaints@tysers.com Tel: +44 (0)20 7398 4350 In the alternative, or if you are dissatisfied with the resolution of your complaint by the above party, you may wish to contact the Lloyd’s Complaints Department at: Lloyd’s Complaints Department c/o Lloyd’s America Inc. 280 Park Avenue, East Tower, 25th Floor, New York, NY 10017, USA Phone: 1-844-849-7828 Email: complaints@lloyds.com The California Department of Insurance should be contacted only after discussions with the insurer, its agent, or representative, have failed to produce a satisfactory resolution. You may contact the California Department of Insurance to obtain information on your rights or make a complaint at: Consumer Hotline 1-800-927-4357 (HELP) TDD Number 1-800-482-4833 (TTY) California Department of Insurance Consumer Services Division 300 South Spring Street, South Tower Los Angeles, CA 90013 LMA9136A 18 August 2020 DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB Safeguard Policy Beazley | Safeguard DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 1 Contents Insurance Company, Claims and Circumstances Notification and Complaints Information 2 Declarations 2 Coverage 5 Additional Coverage 5 Exclusions from Cover 5 Limit of Liability 7 Retention 7 Claim Requirements and Information 7 General Conditions 10 Definitions 14 DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 2 Insurance Company, Claims and Circumstance Notification and Complaints Information Thank you for choosing to insure with us. Please read your policy documentation carefully to ensure that the cover meets your requirements. If anything is not correct please contact your broker as soon a s possible. A. Insurance Company Syndicate 2623/623 at Lloyd’s B. Claims and Circumstances Notification – Where to notify a claim or circumstance Beazley Group Attn: Claims Group 30 Batterson Park Road Farmington, CT 06032 claims@beazley.com To report a circumstance under the Safeguard Additional Coverage, call +1 844 285 4700 where a service representative will be available 24 hours a day, seven days a week C. Complaints Information – How to make a complaint Every effort is made to ensure that a high standard of service is provided. However, if the insured is not satisfied with the service it has received or it has any questions or concerns about this Policy the insured should contact: Beazley USA Services, Inc. (on behalf of one or more Beazley Group insurers) To get information or file a complaint with your insurance company: Online: www.beazley.com Email: us.complaints@beazley.com Mail: 30 Batterson Park Road Farmington, CT 06032 All correspondence should be addressed to Beazley Complaints. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 3 Declarations NOTICE: THIS POLICY IS A CLAIMS MADE AND REPORTED POLICY AND APPLIES ONLY TO CLAIMS FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND REPORTED IN WRITING TO THE INSURANCE COMPANY IN ACCORDANCE WITH THE TERMS OF THIS POLICY. AMOUNTS INCURRED AS DEFENSE COSTS WILL REDUCE AND MAY EXHAUST THE LIMIT OF LIABILITY AND ARE SUBJECT TO THE RETENTION. PLEASE REVIEW THE COVERAGE PROVIDED UNDER THIS POLICY CAREFULLY AND DISCUSS WITH YOUR INSURANCE AGENT OR BROKER. These Declarations along with the application, and the Policy with endorsements shall constitute the contract between the insured and the insurance company. Policy Number: MR23A671 Unique Market Reference: B0572MR23A671 Renewal of: N/A Named Insured: Name: The Swimming Swan LLC Address: 903 Paseo Del Lago, Fallbrook, CA 92028 Policy Period: From: 26th May 2023 To: 26th May 2024 Both days at 12:01 a.m. Local Time at the Address specified above Limit of Liability: a) USD 500,000 in the aggregate during the policy period for all claims brought by or on behalf of each victim, and b) USD 500,000 in the aggregate during the policy period for all claims brought by or on behalf of all victims and separately: c) USD 75,000 in the aggregate during the policy period for all safeguard costs resulting from all circumstances Such Limit of Liability shall be in addition to the overall Limit of Liability stated in a) and b) above. Retention: USD 25,000 any one Victim DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 4 Optional Extension Period: 12 months Additional premium of 100% of the annual premium plus applicable taxes, provided no claims and/or circumstances have been reported to the insurance company. In the event any claims and/or circumstances have been reported to the insurance company, the additional premium for the 12 month optional extension period will be determined by the insurance company at the time this Policy is not renewed or replaced by the insurance company Premium: USD 5,000 + USD 250 policy processing fee (annual) plus applicable taxes Notification pursuant to Clause IX. Shall be given to: Beazley Group Attn: Claims Group 30 Batterson Park Road Farmington, CT 06032 claims@beazley.com or Other Notices: To report a circumstance under the Safeguard Additional Coverage, Call +1 844 285 4700 where a service representative will be available 24 hours a day, seven days a week Retroactive Date: 26th May 2023 Pending or Prior Litigation Date: 26th May 2023 Service of Suit: Service of process in any suit shall be made upon: Lloyd’s America, Inc. Attention: Legal Department 280 Park Avenue, East Tower, 25th Floor New York, NY 10017 Governing Law: New York Brokerage Fee $500.00 Policy Fee - Carrier $250.00 Surplus Lines Tax $157.50 Stamping Office Fee $9.45 DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 5 This contract is subject to US state surplus lines requirements. It is the responsibility of the surplus lines broker to affi x a surplus lines notice to the contract document before it is provided to the insured. In the event that the surplus lines notice is not affixed to the contract document the insured should contact the surplus lines broker. Dated in London: 12th June 2023 Authorised Signature Tysers (Correspondent) DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 6 NOTICE: THIS POLICY IS A CLAIMS MADE AND REPORTED POLICY AND APPLIES ONLY TO CLAIMS FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND REPORT ED IN WRITING TO THE INSURANCE COMPANY IN ACCORDANCE WITH THE TERMS OF THIS POLICY. AMOUNTS INCURRED AS DEFENSE COSTS WILL REDUCE AND MAY EXHAUST THE LIMIT OF LIABILITY AND ARE SUBJECT TO THE RETENTION. PLEASE REVIEW THE COVERAGE PROVIDED UNDER THIS POLICY CAREFULLY AND DISCUSS WITH YOUR INSURANCE AGENT OR BROKER. The insurance company agrees with the named insured in consideration of the payment of, or agreement to pay, the premium and subject to all the provisions of this Policy: Coverage Sexual Abuse and Misconduct Liability To pay loss resulting from any claim first made against any insured during the policy period for a wrongful act and reported in accordance with the Claim Requirements and Information section. Additional Coverage Safeguard Coverage To pay, at the insurance company’s sole discretion, any safeguard costs resulting from any circumstance which the insureds first become aware of during the policy period, provided that, as a condition to coverage: (a) such circumstance is reported to the insurance company in accordance with the Claim Requirements and Information section, but in no event later than 72 hours after a responsible person becomes aware of such circumstance; and (b) the insured organization enters into a formal written agreement with the safeguard service provider within 24 hours of the insurance company appointing such safeguard service provider. Exclusions from Cover The insurance company will not be liable for any loss in connection with or resulting from: Assumed Liability any claim or circumstance arising out of, based upon, attributable to or in any way involving any liability of others assumed by the insured under any contract or agreement, either oral or written, including any hold harmless or indemnity agreements. This Exclusion will not apply to the extent the insured would have been liable in the absence of such contract or agreement. Employment-Related Practices that part of any claim or circumstance arising out of, based upon, attributable to or in any way involving any employment-related practice, policy, act or omission which does not otherwise constitute a wrongful act. Indemnity to Perpetrator any claim against any insured person who personally committed, participated in or assisted in any act of sexual abuse and misconduct. This Exclusion will not apply to any defense costs incurred by such insured person until such time as: (a) such insured person is judicially determined to have committed, participated in or assisted in any act of sexual abuse and misconduct; or (b) such insured person admits in any context to having committed, participated in or assisted in any act of sexual abuse and misconduct. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 7 Insured against Insured any claim brought by or on behalf of any insured. Prior and Pending any claim arising out of, based upon, attributable to or in any way involving any circumstance, written demand for monetary damages, litigation, arbitration, administrative or other proceeding which was alleged or brought against an insured prior to the prior and pending date, or any wrongful act or fact or circumstance underlying or alleged therein. Prior Knowledge of Acts of Sexual Abuse and Misconduct any claim or circumstance if, prior to the date of the wrongful act giving rise to such claim or circumstance, any insured was aware of any allegation or complaint of any act of sexual abuse and misconduct being made against the same insured person as accused in such claim or circumstance. Prior Notice any claim or circumstance arising out of, based upon, attributable to or in any way involving: (a) any act of sexual abuse and misconduct, fact, circumstance, transaction or situation which has been the subject of any claim or circumstance, whenever made, of which notice has been provided prior to the policy period under any other policy, or (b) any act of sexual abuse and misconduct which is considered related acts of sexual abuse and misconduct of which notice of the earlier such act of sexual abuse and misconduct has been provided prior to the policy period under any other policy. Limit of Liability The Limit of Liability specified in Declarations under part (a) is the maximum amount payable by the insurance company for all loss under this Policy in respect of all claims against the insureds brought by or on behalf of each victim. The Limit of Liability specified in Declarations under part (b) is the maximum amount payable by the insurance company for all loss under this Policy in respect of all claims against the insureds brought by all victims. The Limit of Liability specified in Declarations under part (c) is the maximum amount payable by the insurance company for all safeguard costs under this Policy in respect of all circumstances. Such Limit of Liability will be in addition to the Limit of Liability specified in Declarations under parts (a) and (b). Any loss paid by the insurance company under this Policy will reduce all applicable Limits of Liability. The insurance company will not be obligated to pay any loss, or defend any claim, after the applicable Limits of Liability have been exhausted, or after deposit of the Limit of Liability in a court of competent jurisdiction. Retention The Retention specified in the Declarations will apply separately for claims brought by or on behalf of each victim, and the insurance company will be liable only for loss in excess of that amount. The Retention for each victim will be satisfied by monetary payments of loss by the insured. No Retention will apply to safeguard costs. Claim Requirements and Information Notification of Claims As a condition to coverage under this Policy, the insured must give notice to the insurance company of any claim as soon as practicable but in no event later than 30 days after any responsible person first becomes aware of such claim or 30 days after the end of the policy period (whichever date is earlier). DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 8 Notification of Circumstances The insured may during the policy period notify the insurance company of any circumstance. Any notice must include: (a) the reasons why the insured reasonably anticipates that such circumstance could give rise to a claim, and (b) full particulars of the dates, acts and persons involved (where available). If a claim is made after the end of the policy period and arises from a circumstance reported in accordance with this provision, then such claim will be deemed to have been made at the same time as the circumstance was reported to the insurance company. Related Claims All related claims: (a) are deemed a single claim for the purposes of this Policy, irrespective of the number of insureds involved in the claim, and (b) are deemed to have been made at the time of the first such claim, and (c) will be treated by the insurance company as having been reported when the first of such claims was reported or is deemed to have been reported to the insurance company, and (d) will be subject to a single Retention. Related Acts of Sexual Abuse and Misconduct All related acts of sexual abuse and misconduct: (a) are deemed a single act of sexual abuse and misconduct for the purposes of this Policy, irrespective of the number of insured’s involved, and (b) are deemed to have been first committed at the time of the first such act of sexual abuse and misconduct. Notice to the Insurance Company All notices to the insurance company must be sent either by e-mail to or by mail to the address specified in the Declarations. Defense, Safeguard Costs and Settlement (a) Duties The insurance company has the right and duty to defend any claim against the insured seeking loss which is payable under the terms of this Policy, even if any part of such claim is groundless, false or fraudulent. (b) Selection of defense counsel and consent to defense costs and safeguard costs The insurance company has the right to select defense counsel and will not be obligated to pay defense costs or safeguard costs unless it has given prior written consent to such defense costs or safeguard costs being incurred. (c) Repayment of defense costs To the extent it is established that any defense costs paid by the insurance company are not covered in whole or in part under this Policy, the named insured shall repay such defense costs to the insurance company. (d) Settlement of claims The insured will not admit liability, make any payment, assume any obligation, incur any expense, make an offer to settle or agree to any settlement, stipulate to any judgment or dispose of any claim without the prior written consent of the insurance company. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 9 If the insured refuses to consent to any settlement recommended by the insurance company and acceptable to the claimant, the insurance company’s liability for loss will not exceed: i. the amount for which the claim could have been settled, less the remaining Retention, plus the defense costs incurred up to the time of such refusal, plus ii. 20% of any loss incurred after the date such settlement was recommended to the insured, with the remaining 80% of such loss to be borne by the insured at their own risk and uninsured. Assistance and Cooperation If any claim or circumstance is reported by the insured under this Policy, the insured will give all information and assistance to the insurance company as it may need to investigate such claim or circumstance. The insured will cooperate with the insurance company in responding to such claim or circumstance. The insured agrees not to take any action which in any way increases the insurance company’s exposure under this Policy. Any costs to provide such information or assistance to the insurance company will be at the insured’s own cost. Allocation If a judgment, award and/or settlement constitutes both loss covered by this Policy and loss uncovered by this Policy either because the claim includes both covered and uncovered allegations or because it includes both insured and uninsured parties , then the insured and the insurance company will use their best efforts to determine a fair and appropriate allocation between that portion of loss that is covered under this Policy and that portion of loss that is not covered under this Policy. The insurance company and the insured agree that in determining a fair and appropriate allocation of loss and non-covered loss, such parties will take into account the relative legal and financial exposures of the settlement of the claim by the insured and others. Other Insurance The insurance under this Policy will apply in excess of any other valid and collectible insurance available to any insured, including any self-insured retention or deductible of such insurance. This provision will not apply where such other insurance is written only as specific excess insurance over this Policy. Subrogation and Recoveries If any payment is made under this Policy, the insured will transfer its rights of recovery against any third party to the insurance company. The insured will do whatever is reasonably necessary to secure and preserve such rights after a claim is first made against them or the date they become aware of a circumstance. Any amounts recovered will be applied in the following order: (a) to reimburse costs incurred by or on behalf of the insurance company in bringing proceedings against such other party; (b) then to the insured for the amount of any loss which exceeds the Limit of Liability; (c) then to the insurance company up to the amount of the loss paid by the insurance company and the Limit of Liability will be reinstated for such amounts; (d) then to the insured to reimburse the Retention. Action against the Insurance Company No action will lie against the insurance company unless and until the insured has fully complied with all the terms of this Policy. No person or organization will have the right under this Policy to join the insurance company as a party to an action against the insured to determine the insured’s liability or implead the insurance company in any such action. General Conditions Change of Control or Subsidiary Acquired by Another Entity In the event during the policy period: (a) there is a change of control, or DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 10 (b) a subsidiary is acquired by another entity, this Policy will not apply to that part of any claim or circumstance which arises from a wrongful act that was committed after such change of control or acquisition. The named insured will, as soon as practicable, give the insurance company written notice of a change of control. Mergers and Acquisitions (a) In the event the named insured acquires another entity whose number of employees do not exceed 20% of the total number of employees of the insured organization as the time of acquisition, then such acquired entity will be considered part of the insured organization, and this Policy will apply, from the date of such acquisition, for any claim or circumstance in any way involving such entity; or (b) In the event the named insured: i. merges with another entity such that the named insured is the surviving entity; or ii. acquires another entity whose number of employees exceeds the percentage threshold in (a) above, then this Policy will only apply for a period of 60 days, from the date of such merger or acquisition, for any claim or circumstance in any way involving such merged or acquired entity. After 60 days, coverage will only be available under this Policy if: 1. the named insured provides the insurance company with information in connection with such merger or acquisition as the insurance company requires; and 2. the named insured accepts any special terms, conditions, exclusions or additional premium charge as may b e required by the insurance company. (c) Coverage for such entity specified in (a) or (b) above: i. will only apply if all employees of such entity specified in (a) or (b) above have successfully completed both a criminal background and abuse registry check prior to the time of such merger or acquisition; and ii. will only apply to that part of any claim or circumstance for any wrongful act committed after the date of such merger or acquisition. Optional Extension Period If this Policy is not renewed or replaced by the insurance company, the named insured will be entitled to purchase an optional extension period. The optional extension period will only be available if: (a) the named insured gives written notice to the insurance company of its intent to purchase the optional extension period within 60 days after the end of the policy period; and (b) the named insured pays the additional premium specified in the Declarations to the insurance company within 60 days after the end of the policy period. The optional extension period will only apply to that part of any claim or circumstance for any wrongful act committed before the end of the policy period. In no event will the optional extension period apply to any safeguard costs. The optional extension period cannot be cancelled, and the premium is deemed fully earned at the inception date of such optional extension period. The optional extension period will not increase the Limit of Liability. Any payments with respect to claims made during the optional extension period will be part of the Limit of Liability. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 11 The offer of renewal terms, conditions or premiums different from those in effect prior to renewal will not constitute non - renewal or replacement. Cancellation (a) By the named insured If an insured has not reported any claims or circumstances, the named insured may cancel this Policy by giving the insurance company written notice stating when thereafter the cancellation will be effective. In such event the insurance company will give the named insured the customary short rate refund of the premium for the remaining portion of the policy period, subject always to a 5% minimum earned premium. (b) By the insurance company The insurance company will have the right to cancel this Policy only for non-payment of premium by providing in writing 20 days notice of cancellation to the named insured. If the premium is paid in full to the insurance company before the 20 day notice period expires, notice of cancellation will automatically be revoked. In the event of cancellation, the insurance company will be entitled to the pro-rata portion of the premium. If the foregoing notice provision is in conflict with any governing law or regulation, then such provision will be amended to afford the minimum requirements permitted thereunder. Non-Renewal The insurance company may non-renew this Policy by giving the named insured 60 days written notice before the end of the policy period. The mailing of such notice shall be sufficient notice. Delivery of such written notice by the insurance company will be equivalent to mailing. If the foregoing notice provision is in conflict with any governing law or regulation, then such provision will be amended to afford the minimum requirements permitted thereunder. Authorization The named insured will be considered the agent of all the insureds. This means that the named insured: (a) will act on behalf of all the insureds with respect to the giving of or receipt of all notices pertaining to this Policy, and (b) will accept any endorsements to this Policy, and (c) will be responsible for the payment of all premiums and Retentions and for receiving any refunds of premium. Assignment The insured cannot assign this Policy or any right under it without the prior written consent of the insurance company. Headings The titles of provisions or endorsements in this Policy are intended solely for conve nience and reference. They are not deemed in any way to limit, expand or otherwise affect the provisions to which they relate. Single form of a Word Whenever the singular form of a word is used in this Policy, the same word will include the plural when req uired by context. Governing Law This Policy will be governed by and construed in accordance with the laws of the state designated in the Declarations. Service of Suit It is agreed that in the event of the failure of the insurance company to pay any amount claimed to be due under this Policy, the insurance company, at the request of the insured, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this General Condition constitutes or should be understood to constitute a waiver of the insurance company’s rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the Un ited DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 12 States or of any state in the United States. It is further agreed that service of process in such suit may be made upon the insurance company’s representative, specified in the Declarations, and that in any suit instituted against any one of them upon this contract, the insurance company will abide by the final decision of such court or of any appellate court in the event of an appeal. The insurance company’s representative specified in the Declarations is authorized and directed to accept service of process on behalf of the insurance company in any such suit and/or upon the request of the insured to give a written undertaking to the insured that they will enter a general appearance upon the insurance company’s behalf in the event such a suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the insurance company hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the insured or any beneficiary hereunder arising out of this Policy, and hereby designates the insurance company’s representative, specified in the Declarations, as the person to whom the said officer is authorized to mail such process or a true copy thereof. Entire Agreement By acceptance of the Policy, the insured agrees that this Policy embodies all agreements between the insurance company and the insured relating to this Policy. No change or modification to this Policy will be effective unless made by endorsement issued by the insurance company. Representation by the Insured The insured represents that the statements contained in the application are true, accurate and are not misleading. The insured also agrees that the insurance company issued this Policy, and assume the risks hereunder, in reliance upon the trut h of such statements. In the event that the application contains misrepresentations made with the actual intent to deceive, or contains misrepresentations which materially affect either the acceptance of the risk or the hazard assumed by the insurance company under this Policy, this Policy will not afford any coverage with respect to: (a) those insureds who made or had knowledge of such misrepresentations; and (b) all insureds if the individuals who executed the application made or had knowledge of such misrepresentations. Except as provided for in paragraph (b) above, no knowledge possessed by any insured will be imputed to any other insured. None of the foregoing provisions in this General Condition will in any other way limit or void the insurance company’s rights to rescind this Policy. The Insurance Company’s Consent Where the insured is required under this Policy to seek the consent of the insurance company, the insurance company will not unreasonably withhold, delay or deny such consent. Sanction Limitation The insurance company will not be liable to provide any cover, benefit or pay any loss under this Policy to the extent that the provision of such cover, benefit or payment of such loss would expose the insurance company to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the United States of America, Canada, European Union or United Kingdom. Bankruptcy Bankruptcy or insolvency of the insureds will not relieve the insurance company of its obligations, or deprive the insurance company of its rights or defenses under this Policy. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 13 Territory This Policy will apply to claims made against the insureds anywhere in the world. Valuation and Currency All premiums, limits, retentions, loss and other amounts under this Policy are expressed and payable in the currency of the United States. If judgment is rendered, settlement is denominated or another element of loss under this Policy is stated in a currency other than United States dollars, payment under this Policy will be made in United States dollars at the rate of exchange published in the Wall Street Journal on the date the judgment becomes final or payment of the settlement or other element of loss is due. Complaints Every effort is made to ensure that a high standard of service is provided. However, if the insured is not satisfied with the service it has received or it has any questions or concerns about this Policy the insured should contact Beazley Complaints as indicated on the Insurance Company, Claim and Circumstance Notification and Complaints Information form. Definitions The following definitions are applicable to this Policy: application means the completed and signed application for this Policy including any written materials submitted with the application, all of which will be deemed part of this Policy, as if physically attached. change of control means: (a) the acquisition by any person or entity of more than 50% of the outstanding securities or equity interest of the named insured representing the present right to vote for the election of directors; or (b) the merger or consolidation of the named insured into another entity such that the named insured is not the surviving entity. change of control will not be considered to have occurred in the event of financial impairment. circumstance means a wrongful act or a reasonable suspicion thereof that has not yet given rise to a claim. claim means: (a) a written demand for monetary damages; (b) a written document filed with a governmental authority as a prerequisite to filing a civil proceeding; or (c) a civil or administrative proceeding. claim will not include any criminal, investigative or regulatory proceeding. defense costs means: (a) reasonable fees, costs and expenses, including legal fees, costs and expenses, necessarily incurred by or on behalf of the insured in connection with the investigation, defense, settlement or appeal of a claim; (b) all other fees, costs and expenses incurred by or on behalf of the insured with the insurance company’s prior written consent; and (c) premiums for appeal bonds for covered judgments or bonds to release prop erty used to secure a legal obligation, if required for a claim against any insured for a wrongful act. However, the insurance company will have no obligation to appeal or to obtain such bonds. defense costs will not include the salary and/or cost of time of any insured person (except expenses of employees where required to attend a court hearing or trial, subject to a cap of $500 travel per day and an aggregate of $10,000 for each claim regardless of the number of employees), overheads expenses of the insured organization or any safeguard costs. employee means any natural person employed by the insured organization for wages or salary, which includes part time, seasonal, leased and temporary workers. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 14 employee will include volunteers, substitute teachers, student teachers, coaches, counselors and clergy while performing activities on the insured organization’s behalf that the insured organization has authorized and/or sponsored. employee does not include individuals who are leased to another employer. financial impairment means the appointment by any state or federal official, agency or court of any receiver, trustee, examiner, conservator, liquidator, rehabilitator or similar official to take control of, supervise, manage or liquidate the insured organization. independent contractor means any natural person who is self-employed and performs labor or service for the insured organization pursuant to a written contract or agreement, where only the result of such labor or service is under the exclusive direction of the insured organization. The status of an individual as an independent contractor shall be determined as of the date of an alleged wrongful act. insured means the insured organization and the insured persons. insured organization means: (a) the named insured; (b) any subsidiary; and (c) the named insured or any subsidiary as a debtor in possession under the United States bankruptcy law or similar legal status under foreign law. insured persons means any natural person who was, is or during the policy period becomes: (a) a director or officer of the insured organization; (b) a manager, managing member, member of the board of managers, managing partner, general partner of a limited partnership (including the board of directors of any such general partner that is a corporation) or equivalent executive of t he insured organization; (c) an employee; or (d) an independent contractor but only when and to the extent acting for and on behalf of the insured organization in such capacity. insured persons will include: i. the lawful spouse, civil or domestic partner of any natural person specified above: 1. solely in their capacity as such, and 2. only for the purposes of any claim seeking damages recoverable from: a. marital community property, b. property jointly held by any such person and the spouse, civil or domestic partner, or c. property transferred from any such person to the spouse, civil or domestic partner, and ii. the estate, heirs, legal representatives, trusts, estate planning vehicles or assigns of any natural person specified above i n the event of their death, incapacity or bankruptcy. insurance company means Syndicate 2623/623 at Lloyd’s. loss means: (a) judgments (including pre and post-judgment interest), awards, settlements and statutory attorney fees incurred by the insured; (b) defense costs; and (c) with respect to the Safeguard Additional Coverage, safeguard costs. loss will not include: DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 15 i. fines, sanctions or penalties; ii. punitive or exemplary damages or any damages which are a multiple of compensatory damages; and iii. any amounts deemed uninsurable by law. management control means: (a) owning interest representing at least 50% of the voting, appointment or designation power for the selectio n of a majority of the board of directors of a corporation, the members of the management board of a limited liability corporation, the management committee members of a joint venture or with respect to entities operating or organized outside the United States of America, persons serving in a functionally equivalent role; or (b) having the right, pursuant to written contract or the bylaws, charter, operating agreement or similar documents of the insured organization to elect, appoint or designate a majority of the board of directors of a corporation, the management board of a limited liability corporation, the management committee members of a joint venture or with respect to entities operating or organized outside of the United States of America, persons serving in a functionally equivalent role. named insured means the entity specified in the Declarations. optional extension period means the period specified in the Declarations after the end of the policy period in respect of claims first made against the insured and reported to the insurance company during such period specified in the Declarations. policy period means the period specified in the Declarations. prior and pending date means the date specified in the Declarations. related claims means all claims made by or on behalf of each victim involving the same wrongful act or related acts of sexual abuse and misconduct. related acts of sexual abuse and misconduct means any and all acts of sexual abuse and misconduct against any one victim which have as a common nexus any fact, circumstance, situation, event, transaction, cause or series of causally or logically connec ted facts, circumstances, situations, events, transactions or causes. responsible person means any member of the management committee, chairperson, chief executive officer, chief operating officer, president, chief financial officer, risk manager, human resources staff or an individual acting in a similar capacit y with the insured organization. retroactive date means the date specified in the Declarations. safeguard costs means reasonable costs necessarily charged by a safeguard service provider on behalf of the insured organization in connection with providing safeguard services. safeguard service provider means any service provider who is appointed at the sole decision of the insurance company. safeguard services means any one or more of the following services that a safeguard service provider provides to the insured organization which at the sole decision of the insurance company are necessary to mitigate harm to the insured organization’s reputation or potential covered damages, judgments or settlements by the Policy resulting f rom a circumstance: 1. crisis communications services; 2. crisis management services; 3. forensic and investigatory services; 4. legal services; 5. government relations services; 6. victim support service; 7. hotline services; or 8. any other services approved in advance by the insurance company. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 16 sexual abuse and misconduct means any actual or alleged abuse, molestation, mistreatment or maltreatment of a sexual nature, including, but not limited to, any sexual involvement, sexual conduct or sexual contact, regardless of consent. subsidiary means any entity, including any limited liability corporation and joint venture, in which the named insured either directly or indirectly has or had management control on or before the inception date of this Policy. Coverage for such entity will only apply for any wrongful act committed while the named insured had management control of such entity. victim means any individual who alleges that he or she is the subject of an act of sexual abuse and misconduct. wrongful act means: (a) any act of sexual abuse and misconduct first committed by an insured person on or after the retroactive date against any one victim whilst performing duties in relation to the insured organization’s business; or (b) any negligent employment, investigation, supervision, training or retention of, or failure to report to proper authorities an y person, including any minor, who first committed any act of sexual abuse and misconduct on or after the retroactive date against any one victim by any insured whilst performing duties in relation to the insured organization’s business. wrongful act will not include related acts of sexual abuse and misconduct where the first such act of sexual abuse and misconduct was committed prior to the retroactive date. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 17 ADDITIONAL CLAUSES AND ENDORSEMENTS ENDORSEMENT NUMBER 1 It is hereby understood and agreed that wherever the word "Policy" appears herein same shall be deemed to read "Certificate". ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED POLICY COMPLAINTS NOTICE Should you have a dispute concerning your policy you should contact the agent first. If the dispute is not resolved, you may contact any of the following to make a complaint: Policy Correspondent: Tysers 71 Fenchurch Street London EC3M 4BS Email: complaints@tysers.com Tel: +44 (0)20 7398 4350 Lloyds Complaints Department: Lloyd's Market Services G6/86 One Lime Street London EC3M 7HA Email: complaints@lloyds.com Tel: +44 (0)20 7327 5693 This notice is for information only and does not become a part or condition of the policy. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 18 How to report an incident An insured should call +1 844 285 4700, where a service representative will be available 24 hours a day, seven days a week. The service representative will take some initial details and connect the insured with an experienced member of the Beazley team. Beazley Safeguard Beazley | Safeguard A comprehensive risk management and response solutions for organizations entrusted with the care of minors and vulnerable adults. Prevention services Beazley Safeguard clients have access to www.beazleysafeguard.com, a dedicated risk management website managed by Praesidium, a risk management firm with over two decades of experience helping organizations reduce the risk of sexual abuse of vulnerable populations. Resources available to all policyholders: • Model policies to assist organizations in the creation of abuse prevention policy documentation • Discounted background screening services available with an additional contract* • Screening and selection toolkit to assist in effective screening of employees and caregivers • Crisis response toolkit that includes written resources and guidance to navigate crisis response before, during and after an allegation • Foundational webinars covering abuse prevention guidance • Online abuse prevention training • Praesidium helpline for non-emergency discussion of high-level concerns (in addition to the incident reporting hotline) Additional resources available to policyholders who meet a premium threshold: • Offsite general consultation with Praesidium’s Safety Analysts (two hours) • Webinars for specific industries and issues (two per year) Resources available to all policyholders, at an additional cost: • Certified Praesidium Guardian workshop where participants learn best practices in organizational abuse prevention • Creating a safe environment facilitator led video program • Onsite training for abuse prevention, response and investigation • Know your score online self-assessment • A range of surveys, reviews and assessments resulting in Praesidium providing organizations with tailored advice and recommendations • Praesidium accreditation which publicly demonstrates commitment to maintaining safer environments. Response services Allegations and incidents of abuse are usually complex, highly sensitive and time-critical. Organizations, most of which will never have dealt with such situations, can feel unprepared and overwhelmed at the prospect of managing their response and the multitude of issues suddenly confronting them. However, the onus is upon the organization to act quickly and decisively. The nature and speed of the response are everything. If handled well, the response can limit the distress caused, as well as the risk of serious reputational and financial damage. Beazley has partnered with several firms, all highly experienced and expert in their respective fields, to address the many operational and reputational challenges that organizations might face in the event of a crisis situation. While the service providers’ fees and expenses will be met by Beazley up to the separate limited amount, the service providers will be engaged directly by the insured, to represent the insured’s interests. The service offering Watch this video to learn about the services available through your Safeguard policy. Our expert panel can offer the following services, which can be tailored to the demands of a particular situation: • Crisis management and communication services • Legal services • Forensic and investigatory services • Access to a range of other services such as victim support and government relations. For further details about the Beazley Safeguard product, please contact your broker directly. *Not available for policyholders based in Canada The descriptions contained in this communication/brochure/factsheet are for preliminary informational purposes only. Coverage s are underwritten by Beazley syndicates at Lloyd’s and will vary depending on individual country law requirements and may be unavailable in some countries. Coverages are availa ble in the US only on a surplus lines basis through licensed surplus lines brokers. The exact coverage afforded by the product(s) d escribed in this communication/brochure/factsheet is/are subject to and governed by the terms and conditions of each policy issued. The publication and delivery of the information contained herein is not intended as a solicitation for the purchase of insurance on any US risk. If an organization experiences an incident, Beazley can deploy experts to support an insured through the initial crisis period. •$75,000 limit available •First dollar coverage (no self insured retention applicable). DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 19 SMALL ADDITIONAL OR RETURN PREMIUMS CLAUSE (U.S.A.) NOTWITHSTANDING anything to the contrary contained herein and in consideration of the premium for which this Insurance is written, it is understood and agreed that whenever an additional or return premium of US$2 or less becomes due from or to the Assured on account of the adjustment of a deposit premium or of an alteration in coverage or rate during the term or for any other reason, the collection of such premium from the Assured will be waived or the return of such premium to the Assured will not be made, as the case may be. NMA1168 ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 20 NUCLEAR INCIDENT EXCLUSION CLAUSE-LIABILITY-DIRECT (BROAD) (U.S.A.) For attachment to insurances of the following classifications in the U.S.A., its Territories and Possessions, Puerto Rico and the Canal Zone: Owners, Landlords and Tenants Liability, Contractual Liability, Elevator Liability, Owners or Contractors (including railroad) Protective Liability, Manufacturers and Contractors Liability, Product Liability, Professional and Malpractice Liability, Storekeepers Liability, Garage Liability, Automobile Liability (including Massachusetts Motor Vehicle or Garage Liability), not being insurances of the classifications to which the Nuclear Incident Exclusion Clause-Liability-Direct (Limited) applies. This Policy* does not apply: I. Under any Liability Coverage, to injury, sickness, disease, death or destruction: (a) with respect to which an insured under the Policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (b) resulting from the hazardous properties of nuclear material and with respect to which (1) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (2) the insured is, or had this Policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. II. Under any Medical Payments Coverage, or under any Supplementary Payments Provision relating to immediate medical or surgical relief, to expenses incurred with respect to bodily injury, sickness, disease or death resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. III. Under any Liability Coverage, to injury, sickness, disease, death or destruction resulting from the hazardous properties of nuclear material, if: (a) the nuclear material (1) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (2) has been discharged or dispersed therefrom; (b) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an insured; or (c) the injury, sickness, disease, death or destruction arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (c) applies only to injury to or destruction of property at such nuclear facility. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 21 IV. As used in this endorsement: "hazardous properties" include radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or by-product material; "source material", "special nuclear material", and "by- product material" have the meanings given them in the Atomic Energy Act 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing by-product material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (a) or (b) thereof; "nuclear facility" means: (a) any nuclear reactor, (b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. With respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property. It is understood and agreed that, except as specifically provided in the foregoing to the contrary, this clause is subject to the terms, exclusions, conditions and limitations of the Policy to which it is attached. * NOTE: As respects policies which afford liability coverages and other forms of coverage in addition, the words underlined should be amended to designate the liability coverage to which this clause is to apply. 17/3/60 NMA1256 DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 22 RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE-LIABILITY-DIRECT (U.S.A.) For attachment (in addition to the appropriate Nuclear Incident Exclusion Clause-Liability-Direct) to liability insurances affording worldwide coverage. In relation to liability arising outside the U.S.A., its Territories or Possessions, Puerto Rico or the Canal Zone, this Policy does not cover any liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. 13/2/64 NMA1477 DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 23 WAR AND TERRORISM EXCLUSION ENDORSEMENT Notwithstanding any provision to the contrary within this insurance or any endorsement thereto it is agreed that this insurance excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any of the following regardless of any other cause or event contributing concurrently or in any other sequence to the loss; 1. war, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power; or 2. any act of terrorism. For the purpose of this endorsement an act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear. This endorsement also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to 1 and/or 2 above. If the Underwriters allege that by reason of this exclusion, any loss, damage, cost or expense is not covered by this insurance the burden of proving the contrary shall be upon the Assured. In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect. 08/10/01 NMA2918 DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 24 U.S. TERRORISM RISK INSURANCE ACT OF 2002 AS AMENDED NEW & RENEWAL BUSINESS ENDORSEMENT This Endorsement is issued in accordance with the terms and conditions of the "U.S. Terrorism Risk Insurance Act of 2002" as amended, as summarized in the disclosure notice. In consideration of an additional premium of USD NIL paid, it is hereby noted and agreed with effect from inception that the Terrorism exclusion to which this Insurance is subject, shall not apply to any “insured loss” directly resulting from any "act of terrorism" as defined in the "U.S. Terrorism Risk Insurance Act of 2002", as amended ("TRIA"). The coverage afforded by this Endorsement is only in respect of any “insured loss” of the type insured by this Insurance directly resulting from an "act of terrorism" as defined in TRIA. The coverage provided by this Endorsement shall expire at 12:00 midnight December 31, 2027, the date on which the TRIA Program is scheduled to terminate, or the expiry date of the policy whichever occurs first, and shall not cover any losses or events which arise after the earlier of these dates. The Terrorism exclusion, to which this Insurance is subject, applies in full force and effect to any other losses and any act or events that are not included in said definition of "act of terrorism". This Endorsement only affects the Terrorism exclusion to which this Insurance is subject. All other terms, conditions, insured coverage and exclusions of this Insurance including applicable limits and deductibles remain unchanged and apply in full force and effect to the coverage provided by this Insurance. Furthermore the Underwriter(s) will not be liable for any amounts for which they are not responsible under the terms of TRIA (including subsequent action of Congress pursuant to the Act) due to the application of any clause which results in a cap on the Underwriter’s liability for payment for terrorism losses. LMA5389 09 January 2020 DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 25 SEVERAL LIABILITY CLAUSE PLEASE NOTE – This notice contains important information. PLEASE READ CAREFULLY The liability of an insurer under this contract is several and not joint with other insurers party to this contract. An insurer is liable only for the proportion of liability it has underwritten. An insurer is not jointly liable for the proportion of liability underwritten by any other insurer. Nor is an insurer otherwise responsible for any liability of any other insurer that may underwrite this contract. The proportion of liability under this contract underwritten by an insurer (or, in the case of a Lloyd’s syndicate, the total of the proportions underwritten by all the members of the syndicate taken together) is shown in this contract. In the case of a Lloyd’s syndicate, each member of the syndicate (rather than the syndicate itself) is an insurer. Each member has underwritten a proportion of the total shown for the syndicate (that total itself being the total of the proportions underwritten by all the members of the syndicate taken together). The liability of each member of the syndicate is several and not joint with other members. A member is liable only for that member’s proportion. A member is not jointly liable for any other member’s proportion. Nor is any member otherwise responsible for any liability of any other insurer that may underwrite this contract. The business address of each member is Lloyd’s, One Lime Street, London EC3M 7HA. The identity of each member of a Lloyd’s syndicate and their respective proportion may be obtained by writing to Market Services, Lloyd’s, at the above address. Although reference is made at various points in this clause to “this contract” in the singular, where the circumstances so require this should be read as a reference to contracts in the plural. LMA5096 (Combined Certificate) 7 March 2008 DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 26 SANCTION LIMITATION AND EXCLUSION CLAUSE No (re)insurer shall be deemed to provide cover and no (re)insurer shall be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose that (re)insurer to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America. 15/09/10 LMA3100 DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 27 CYBER ACTS CLARIFICATION ENDORSEMENT This endorsement modifies insurance provided under the following: SAFEGUARD It is hereby understood and agreed that this Policy does not contain a specific exclusion for cyber acts or cyber incidents. Subject to all the terms of this Policy, coverage shall be provided under this Policy for any Claim alleging a Wrongful Act in connection with a cyber act or cyber incident, whether involving malicious or non-malicious events. Nothing in this Endorsement either a) reduces coverage otherwise provided under this Policy or b) creates coverage not otherwise provided under this Policy. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 28 PREMIUM FULLY EARNED AT INCEPTION ENDORSEMENT This endorsement modifies insurance provided under the following: SAFEGUARD In consideration of the premium charged for the Policy, it is hereby understood and agreed that, notwithstanding anything contained herein to the contrary, the premium will be deemed fully earned at the inception date of this Policy. All other terms and conditions of this Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 29 COVERAGE LIMITED TO SPECIFIC CONTRACTS This endorsement modifies insurance provided under the following: SAFEGUARD In consideration of the premium charged for the Policy, it is hereby understood and agreed that the wrongful act definition is deleted in its entirety and replaced with the following: wrongful act means: (a) any act of sexual abuse and molestation first committed by an insured person on or after the retroactive date against any one victim whilst performing duties in relation to the insured organization’s business solely under the contracts scheduled below; or (b) any negligent employment, investigation, supervision, training or retention of, or failure to report to proper authorities any person, including any minor, who first committed any act of sexual abuse and molestation on or after the retroactive date against any one victim by any insured whilst performing duties in relation to the insured organization’s business solely under the contracts scheduled below. wrongful act will not include related acts of sexual abuse and molestation where the first such act of sexual abuse and molestation was committed prior to the retroactive date. Schedule of Contracts: Gilroy All other terms and conditions of this Policy remain unchanged. DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB 30 SECURITY DETAILS ATTACHING TO CERTIFICATE NUMBER: MR23A671 ATTACHING TO AUTHORITY REFERENCE NUMBER: B0572MR23TY15 HEREON: 100% BEAZLEY SECURITY: CERTAIN UNDERWRITERS AT LLOYD’S PROPORTION SYNDICATE 17.79% AFB 623 82.21% AFB 2623 DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB LLOYD’S One Lime Street London EC3M 7HA DocuSign Envelope ID: 5E940F8A-48C6-4D5D-BDB5-4058F0741BCB