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HomeMy WebLinkAboutCOI - Swimming Swan, LLC - Expires 2022-06-15DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 8/30/2021 The Swimming Swan LLC 135 Avocado Street Encinitas, CA 92024 Dear Melissa Swanson: Re: General Liability Policy#: CIP428547 Effective Date: 6/15/2021 www.snappassociates.com Service@Snappins.com 438 Camino Del Rio, South, Suite 112 San Diego, CA 92108 Phone: 619.908.3100 Facsimile: 619.908.3110 California License #0B03623 I am pleased to enclose the above referenced policy. This renewal insurance contract was developed based on information that you provided. We have reviewed your policy for accuracy, and it appears to be in order. Please take a moment to thoroughly review the coverages, conditions, and exclusions. Due to the increase in construction costs, real estate, etc., we strongly recommend that you review all limits and coverages to make sure the coverage on your policy will suffice. Also, please note that this policy may be auditable. It is your responsibility to make sure the policy is based on the correct figures. If any changes are required, let us know as soon as possible. A surge in lawsuits throughout the United States leads us to stress that your policy excludes coverage for "Employment Practices Liability". This exclusion will deny you coverage in the event that an employee sues you for wrongful termination, age discrimination, emotional distress, sexual harassment and other such instances. This is a standard exclusion, but it can be acquired. Please call if you would like a quote on this coverage. All financed and direct bill policy payments need to be made directly to the billing company. The finance company or insurance carrier will send invoices, intent to cancel, late payment and cancellation notices directly to you. If the policy should cancel, some companies will not reinstate. If the policy has to be reinstated or rewritten because of nonpayment, there will be a fee for doing so. It is the responsibility of the policyholder to pay all premiums due in a timely manner. We do not undertake the responsibility of notifying you when your premium is due. DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 www.snappassociates.com Service@Snappins.com 438 Camino Del Rio, South, Suite 112 San Diego, CA 92108 Phone: 619.908.3100 Facsimile: 619.908.3110 California License #0B03623 Thank you for renewing with Snapp & Associates. We appreciate your business, and should you have any questions, please do not hesitate to call or send a fax, or for a faster response, please email me at the above address. Best Regards, Karina Alvarez for Yvette Tufi Customer Service Rep Enclosure DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 A.TA.IN SJDECl'ALTY 1Ns:u111A.NCE COMPAN'V 30833 Northwestern Hwy Ste 220, Farmington Hills MI 48334 This Policy may contain one or more of these coverages: Commercial Property Commercial Liability Crime Inland Marine Commercial Auto Directors & Officers Liability Owners & Contractors Protective Personal Inland Marine CIP428547 IN WITNESS WHEREOF, the company has caused this policy to be signed by its President and its Secretary and countersigned on the declarations page by a duly authorized representative of the company Secretary President (Attach Declarations Page, Coverage Parts, Schedules and Endorsements, if any here) AF-100 04-19 Page 1 of 1 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 I COMMON POLICY DECLARATIONS ---------------1 ATAIN SPECIALTY INSURANCE COMPANY CIP404916 FARMINGTON HILLS, MICHIGAN PRIMARY FACILITY POLICY Renewal of Number Item 1. Named Insured and Mailing Address: THE SWIMMING SWAN LLC 135 AVOCADO ST ENCINITAS, CA 92024 Agent Name and Address: BURNS & WILCOX INSURANCE SERVICES INC 9370 CHESAPEAKE DR STE 200 SAN DIEGO, CA 92123 Item 2. Policy Period From: 06/15/2021 Policy Number CIP428547 To: 06/15/2022 12:01 A.M. Standard Time at the address of the Named Insured as stated herein. Item 3. Retroactive Date: NONE --------------------------------- 1 t em 4. Business Description: SWIMMING INSTRUCTOR -------------------------------- 1 t em 5. 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. This policy consists of the following coverage parts for which a premium is indicated. Where no premium is shown, there is no coverage. This premium may be subject to adjustment. Coverage Part(s) Commercial Property Coverage Part Commercial General Liability Coverage Part Errors And Omissions Liability Coverage Part Professional Liability Coverage Part Non-Profit Organization Liability Coverage Part Commercial Inland Marine Coverage Part Coverage for Certified Acts of Terrorism BROKERAGE FEE: CA STATE TAX: CA STAMPING FEE: Minimum & Advance Premium 100.000 % . . Minimum Earned Premium .. 25.00 % of the original premium. Item 6. Forms and endorsements applicable to all Coverage Parts: PER SCHEDULE OF FORMS AND ENDORSEMENTS Countersigned 08/18/2021-WLE-NMM DATE UNLPF-D-1 (07-17) (REV 02-19) Premium $ NOT COV'D $ 2,516.00 $ NOT COV'D $ INCLUDED $ NOT COV'D $ NOT COV'D $ NOT TAKEN $ $ 250.00 $ 75.48 $ 6.29 $ $ Total $ 2,847.77 ------------------- COUNTERSIGNATURE DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 SOFAE (02/05) SCHEDULE OF FORMS AND ENDORSEMENTS Policy No. CIP428547 Effective Date: _0_6_/1_5_/2_0_2_1 ______ _ 12:01 A.M., Standard Time COMMON POLICY FORMS: AF-100 04/2019 POLICY JACKET (AT Al N SPECIAL TY INSURANCE COMPANY) UNLPF-D-1 02/2019 COMMON POLICY DECLARATIONS SOFAE 02/2005 SCHEDULE OF FORMS AND ENDORSEMENTS BW-61 04/2007 SCHEDULE OF LOCATIONS AF-900 01/2016 SERVICE OF SUIT ENDORSEMENT AF-3380 06/2017 FRAUD, CONCEALMENT AND MISREPRESENTATION ENDORSEMENT AF-3550 07/2012 MINIMUM EARNED PREMIUM AND CANCELLATION CLAUSE AF001396 09/2018 INFRINGEMENT, MISAPPROPRIATION AND UNFAIR COMPETITION EXCLUSION AF001707 03/2013 AMENDMENT OF NONPAYMENT CANCELLATION CONDITION AF001729 04/2016 EXCLUSION-DESIGNATED OPERATIONS-ST ATE OF MISSOURI AF001740 04/2016 EXCLUSION-DESIGNATED OPERATIONS-STATE OF NEW YORK AF001741 04/2016 EXCLUSION-DESIGNATED OPERATIONS-STATE OF WASHINGTON I L0017 11 /1998 COM MON POLICY CONDITIONS COMMERCIAL GENERAL LIABILITY FORMS: UNLPF-SD-1 L BW-SD-2L AF-0044 AF-3369 AF-3378 AF-3400 AF-33510 AF000714 AF000839 AF000854 AF000871 AF000873 AF000899 AF001007 AF001084 AF001116 AF001199 AF001401 AF001752 AF001788 CG0001 CG0300 CG2010 CG2033 CG2107 CG2132 CG2167 CG2173 CG2230 CG2426 CG3234 09/2011 COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS 01/2013 COMMERCIAL GENERAL LIABILITY COVERAGE PART EXTENSION OF DECLARATIONS 07/2012 SEXUAL AND/OR PHYSICAL ABUSE LIABILITY COVERAGE FORM 07 /2012 OCCUPATIONAL/ENVIRONMENT AL DISEASE EXCLUSION 01/2015 AMENDMENT OF SECTION IV-CONDITIONS AND ADDITIONAL CONDITIONS 07/2012 ABSOLUTE SILICA OR SILICA-RELATED DUST EXCLUSION 07/2012 CLASSIFICATION LIMITATION 07/2012 EXCLUSION-DIVING BOARDS, WATER SLIDES AND RECREATIONAL APPARATUS 04/2021 EMPLOYEES, SUBCONTRACTORS, INDEPENDENT CONTRACTORS, TEMPORARY WORKERS 07/2012 WATER HAZARDS ENDORSEMENT 07/2012 MAXIMUM LIMIT OF INSURANCE 07/2012 KNOWN INJURY OR DAMAGE EXCLUSION PERSONAL AND ADVERTISING INJURY 03/2014 AMENDMENT-AIRCRAFT, AUTO OR WATERCRAFT EXCLUSION 06/2017 COMBINED COVERAGE AND EXCLUSION ENDORSEMENT 02/2019 PROFESSIONAL LIABILITY COVERAGE PART AND DECLARATIONS 07/2012 EMPLOYEES AS INSUREDS-PROFESSIONAL LIABILITY 07/2012 SEXUAL ABUSE, CONTACT OR MOLESTATION 06/2016 DAMAGE TO PREMISES RENTED TO YOU LIMITATION-FIRE LEGAL LIABILITY COVG 08/2016 AMERICANS WITH DISABILITIES ACT AND DISCRIMINATION EXCLUSION 10/2019 TOTAL CANNABIS AND RELATED PRODUCTS EXCLUSION 04/2013 COMMERCIAL GENERAL LIABILITY COVERAGE FORM 01 /1996 DEDUCTIBLE LIABILITY INSURANCE 04/2013 ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-SCHEDULED PERS/ORG 04/2013 ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-AUTOMATIC STATUS 05/2014 EXCLUSION-ACCESS OR DISCLOSURE OF INFORMATION-NO EXCEPTION 05/2009 COMMUNICABLE DISEASE EXCLUSION 12/2004 FUNGI OR BACTERIA EXCLUSION 01/2015 EXCLUSION OF CERTIFIED ACTS OF TERRORISM 07/1998 EXCLUSION-CORPORAL PUNISHMENT 04/2013 AMENDMENT OF INSURED CONTRACT DEFINITION 01/2005 CALIFORNIA CHANGES ADDITIONAL FORMS: AF001772 08/2017 ATAIN INSURANCE COMPANIES CLAIM REPORTING INFORMATION CAPRNOTICE 12/2011 NOTICE-PREMIUM REFUNDS (CALIFORNIA) SLA-D-2 01/2020 SURPLUS LINES NOTICE (CALIFORNIA) DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 ATAIN SPECIAL TY INSURANCE COMPANY SCHEDULE OF LOCATIONS Policy No. __ C_I_P4_2_8_54_7 _____________ _ Effective Date 06/15/2021 12:01 A.M. Standard Time Named Insured THE SWIMMING SWAN LLC Agent No. Prem. Bldg. Designated Premises No. No. (Address, City, State, Zip Code) Occupancy 1 1 135 AVOCADO ST, ENCINITAS, CA 92024 SWIMMING INSTRUCTOR 2 1 3190 LEEWOOD TER APT L 103, BOCA RATON, FL 33431 SWIMMING INSTRUCTOR B&W 61 04/07 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 ATAIN SPECIALTY INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. MINIMUM EARNED PREMIUM AND CANCELLATION CLAUSE This endorsement modifies insurance provided under the following Coverage Forms: COMMERCIAL CRIME COVERAGE FORM COMMERCIAL INLAND MARINE COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL PROPERTY COVERAGE PART GARAGE COVERAGE FORM GARAGEKEEPERS LEGAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM The minimum premium for this policy is 25.00 % of the annual written premium, and such minimum earned premium is not subject to short rate or pro-rata adjustment in the event of cancellation by the insured. It is understood and agreed that cancellation for non-payment of premium shall be deemed a request by the insured for cancellation of this policy. In such case, the terms of the minimum earned premium and cancellation clause apply. All other terms and conditions of this policy remain unchanged. This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Number: CIP428547 Named Insured: THE SWIMMING SWAN LLC Endorsement Effective Date: 06/15/2021 AF 3550 Page 1 of 1 07/2012 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 ATAIN SPECIAL TY INSURANCE COMPANY PRIMARY FACILITY COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS These Supplemental Declarations form a part of Policy/Certificate Number: General Aggregate Limit (other than Products/Completed Operations) Products/Completed Operations Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Damage to Premises Rented to You Limit Medical Expense Limit BUSINESS DESCRIPTION AND LOCATION OF PREMISES CIP428547 $ 3 000 000 $ 3,000,000 $ 1 000 000 $ 1 000 000 $ 100 000 $ 5,000 any one premises any one person Form of Business: D Individual D Joint Venture D Partnership D Corporation [X] Limited Liability Company D Other Business Description: SWIMMING INSTRUCTOR Location of All Premises You Own, Rent or Occupy: PER SCHEDULE OF LOCATIONS PREMIUM CI ass if i cation 1) SALES OR SERVICE ORGANIZATIONS -PRODUCTS-COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT 1) SCHOOLS-TRADE OR VOCATIONAL -PRODUCTS-COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT 1) SEXUAL AND/OR PHYSICAL ABUSE LIABILITY COVERAGE (PER AF-0044) 1) ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-AUTOMATIC STATUS (PER CG2033)-PREMIUM IS FULLY EARNED SEE EXTENSION OF DECLARATIONS Code No. 47367 UNITS 47474 UNITS 99991 UNITS 99999 UNITS *Premium Basis 3 Rate Pr/Co All Other INCL 414.000 $ INCL 362.250 N/A 250.000 N/A 250.000 Advance Premium Pr/Co All Other INCL$ 1,242.00 INCL 362.00 N/A 250.00 N/A 250.00 *(a) Area, (c) Total Cost, (m) Admissions, (p) Payroll, (s) Gross Sales, (u) Units, (o) Other Total Coverage Part Premium: $ 2,516.00 FORMS AND ENDORSEMENTS (other than applicable forms and endorsements shown elsewhere in the policy) Forms and endorsements applying to this Coverage Part and made part of this Policy/Certificate at time of issue: PER SCHEDULE OF FORMS AND ENDORSEMENTS DEDUCTIBLE: PER CG0300 THIS SUPPLEMENTAL DECLARATIONS AND THE COMMERCIAL LIABILITY DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED POLICY. UNLPF-SD-1L (09-11) DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 ATAIN SPECIAL TY INSURANCE COMPANY PRIMARY FACILITY COMMERCIAL GENERAL LIABILITY COVERAGE PART EXTENSION OF DECLARATIONS This Extension Of Declarations form a part of Policy/Certificate Number: CIP428547 LOCATION OF PREMISES Location of All Premises You Own, Rent or Occupy: PREMIUM Rate CI ass if i cation Code No. *Premium Basis Pr/Co All Other 1) ADDITIONAL INSURED-OWNERS, 99999 1 N/A 50.000 LESSEES OR CONTRACTORS-SCHEDULED UNITS PERS/ORG (PER CG2010)-PREMIUM IS FULLY EARNED 1) PROFESSIONAL LIABILITY (PER 99991 1 N/A INCL AF001084 AF001116) UNITS 2) LIFE GUARD RATED AS: SCHOOLS 47474 1 INCL 362.250 TRADE OR VOCATIONAL -PRODUCTS UNITS COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT Advance Premium Pr/Co All Other $ N/A$ 50.00 N/A INCL INCL 362.00 Extension of Declarations -Total Advance Premium: $ INCLUDED BW-SD-2L (01-13) DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 ATAIN SPECIAL TY INSURANCE COMPANY ENDORSEMENT NO. ___ _ ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF NAMED INSURED AGENT NO. POLICY NUMBER (12:01 A.M. STANDARD TIME) CIP428547 SEXUAL AND/OR PHYSICAL ABUSE LIABILITY COVERAGE FORM For attachment to Policy No. _________ _ to complete said policy. INSURING AGREEMENTS In consideration of the premium charged, we agree to afford coverage only with respect to the following Coverage as indi - LIMITS OF LIABILITY $ 100 000 each claim $ 300 000 aggregate Advance Premium Premium Bases $ 250.00 1 FLAT CHARGE $ 250.00 TOTAL ADVANCE PREMIUM cated and in reliance upon the statements in the application and subject to the limits of liability of this insurance as set forth in the declarations and the exclusions, conditions and other terms of this policy. COVERAGE Sexual and/or Physical Abuse Liability Rates Description of Hazards 250.000 SWIMMING INSTRUCTOR $ 250.00 Minimum Premium Per Location Per Annum I. COVERAGES -SEXUAL AND/OR PHYSICAL ABU SE LIABILITY We will pay on your behalf all sums which you shall become legally obligated to pay as DAMAGES be- cause of injury to any person arising out of SEXUAL AND/OR PHYSICAL ABUSE, caused by one of your EMPLOYEES, or arising out of your failure to pro perly AF-0044 (07/2012) Page 1 of 2 supervise. We shall have the right and duty to defend any suit against you seeking such DAMAGES, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and such settlement of any claim or suit as we deem ex- pedient, but we shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of our liability has been exhausted. DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 II. EXCLUSIONS This policy does not apply: (a) to any actual or alleged SEXUAL AND/OR PHYSI- CAL ABUSE by you or PERSONS INSURED (see Section Ill below); (b) to liability of others assumed by you under any contract or agreement, either oral or in writing, unless specifically endorsed hereon; (c) to any obligation for which you or any carrier as your insurer may be held liable under any work- mens' compensation, unemployment compensation or disability benefits law, or under any similar law; (d) to bodily injury to, or sickness, disease, or death sustained by any of your EMPLOYEES arising out of, and in the course of his employment by you; (e) to SEXUAL AND/OR PHYSICAL ABUSE to an employee or SEXUAL HARASSMENT to an em- ployee; (f) to any loss or claim either directly or indirectly arising from your activities as an officer or director of any corporation, company or business other than that of the named insured; (f) to any claim for punitive or exemplary damages. Ill. PERSONS INSURED Each of the following is an insured under this insur- ance to the extent set forth below: (a) if the Named Insure d is designated in the DE CLA- RATIONS as an individual, the person so desig- nated, but only with respect to the conduct of a business of which he is the sole proprietor, and the spouse of the Named Insured with respect to the conduct of such a business; (b) if the Named Insured is designated in the DECLARATIONS as a partnership or joint venture, the partnership or joint venture so designated and any partner or member thereof but only with re- spect to his liability as such; (c) if the Named Insured is designa ted in the DECLA- RATIONS as other than an individual, partnership or joint venture, the organization so designated and any executive officer, director or stockholder thereof while acting within the scope of his duties as such. IV. LIMITS OF LIABILITY Regardless of the number of insureds under this pol- icy, our liability is limited as follows: The limit of liability stated in the schedule as applica- ble to each claim is the limit of our liability for all DAMAGES because of each claim or suit covered hereby. The limit of liability stated in the schedule as aggregate, subject to the above provision regarding each claim, is the total limit of our liability under this Coverage for all DAMAGES. V. SUPPLEMENTARY PAYMENTS We will pay, in addition to the applicable limit of liability for DAMAGES: (a) all interest on that amount of any judgment pay- able by us that accrues after entry of the judgment and before we have paid, offered to pay or depos- ited in court the amount available for the judg- ment. VI. DEFINITIONS (a) SEXUAL AND/OR PHYSICAL ABUSE means sex- ual or physical injury or abuse, including assault and battery, negligent or deliberate touching. (b) EMPLOYEE means any person, other than a PERSON INSURED, in your employment, includ- ing but not limited to persons with child caring re- sponsibilities, attendants, janitors, bus drivers and volunteer workers or "leased workers". (c) "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. (d) INDEPENDENT CONTRACTOR means any per- son retained or hired to perform duties related to the conduct of your business. (e) DAMAGES means all damages, including dam- ages for death, which are payable because of in- jury to which this insurance applies. I AUTHORIZED REPRESENTATIVE DATE AF-0044 (07/2012) Page 2 of 2 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 ENDORSEMENT This Endorsement Changes The Policy. Please Read It Carefully. AMENDMENT OF SECTION IV-CONDITIONS ADDITIONAL CONDITIONS -SECTION IV-CONDITIONS This endorsement modifies insurance provided under the following Coverage Forms: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM - COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR A. The following changes are made to the COMMERCIAL GENERAL LIABILITY COVERAGE and the PRODUCTS/COMPLETED OPERATIONS COVERAGE FORMS: AF-3378 I. The following is added to Condition 4. -Other Insurance in SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS of the COMMERCIAL GENERAL LIABILITY COVERAGE and the PRODUCTS/COMPLETED OPERATIONS COVERAGE FORMS: Excess Provision -Vendors The coverage afforded the insured under this Coverage Form will be excess over any valid and collectible insurance available to the insured as an additional insured under a policy issued to a manufacturer or distributor for products manufactured, sold, handled or distributed. II. Paragraph 5. Premium Audit is replaced by the following: 5. Premium Audit 01 /2015 a. We will compute all premiums for this Coverage Form in accordance with our rules and rates. b. The Minimum and Advance Premium shown on the Common Declarations page 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. Audit Premiums are due and payable to us on notice to the first Named Insured. If the Audit Premium is less than the Minimum and Advance Premium, the Minimum and Advance Premium will apply with no return to you. For purposes of this policy, the terms Advance Premium, Audit Premium, Earned Premium and Minimum Premium are defined as follows: Advance Premium -The premium that is stated on the Common Declarations page and payable in full by the first Named Insured at the inception of the policy. Audit Premium -The premium that is developed by calculating the difference between the Advance Premium and the Earned Premium. Earned Premium -The premium that is developed by applying the rate(s) scheduled in the policy to the actual premium basis for the policy period. Minimum Premium -The lowest premium for which this insurance will be written for the policy period. c. In no event will the final premium retained by us be less than the Minimum and Advance Premium shown on the Common Declarations of this policy. If no other premium is designated specifically as a Minimum and Advance Premium, the Minimum and Advance Premium shown on the Common Declarations is the Minimum and Advance. Such minimum is subject to the short rate or pro rate adjustment according to policy provisions in case of cancellation of the pol icy. Page 1 of 4 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 d. The policy is also subject to a Minimum Earned Premium of 25.00 % of the Minimum and Advance premium shown on the Common Declarations of this policy. Such Minimum Earned Premium is not subject to pro rate or short rate adjustment in the event of cancellation by you and we shall retain no less than the Minimum Earned premium regardless of the policy term. Cancellation of the policy for non-payment of premium shall be deemed a request by you for cancellation of this policy thereby invoking the Minimum Earned Premium, unless short rate calculation earns for us. Ill. The following Condition is added to SECTION IV -CONDITIONS: Premium Financing/Cancellation of Financed Policy a. When we receive notification that the premium for this policy has been advanced by a premium financed company, we will acknowledge receipt of the premium finance agreement to the finance company on our form, when requested, but we will not amend or extend this policy. b. When we otherwise become aware that you financed all or part of this policy's premium, regardless or whether or not we receive a notice of premium financing, we will not be bound, as respects coverage we provide, by the terms of your finance agreement. This policy alone governs coverage. c. When you sign a premium finance agreement, by the terms of the agreement, you may be giving the premium finance company the right, under certain conditions, to cancel this policy on your behalf. When we receive notice of cancellation from the finance company, we will recognize their request for termination of this insurance and we will pay any return premium due as directed by the premium finance company. In the absence of statutes to the contrary, non-payment to a premium finance company shall be considered the same as if the first Named Insured canceled the policy. The return premium will be calculated on a short rate basis. The premium finance company will usually require the payment of any return premium be made directly to them and we will honor that request unless applicable law requires otherwise. Any requested termination date set by the premium finance company that conflicts with other policy provisions or other operation of law, is subject to both the policy provisions and applicable law. You must resolve any resulting premium difference directly with the finance company. d. The Minimum Earned Premium described in Condition 5., Item d. above may not be financed as it is not refundable. All other terms and conditions of this policy remain unchanged. B. The following changes are made to the OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM -COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR: I. The following changes are made to SECTION IV -CONDITIONS: a. Paragraph 9. Premiums is replaced by the following: 9. Premiums The "contractor'' or the first Named Insured: a. Is responsible for the payment of all premiums; and b. Will be the payee for any return premiums we pay. AF-3378 01 /2015 Page 2 of 4 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 b. Paragraph 10. Premium Audit is replaced by the following: 10. Premium Audit a. We will compute all premiums for this Coverage Form in accordance with our rules and rates. b. The Minimum and Advance Premium shown on the Common Declarations page 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. Audit Premiums are due and payable to us on notice to the first Named Insured. If the Audit Premium is less than the Minimum and Advance Premium, the Minimum and Advance Premium will apply with no return to you. For purposes of this policy, the terms Advance Premium, Audit Premium, Earned Premium and Minimum Premium are defined as follows: Advance Premium -The premium that is stated on the Common Declarations page and payable in full by the first Named Insured at the inception of the policy. Audit Premium -The premium that is developed by calculating the difference between the Advance Premium and the Earned Premium. Earned Premium -The premium that is developed by applying the rate(s) scheduled in the policy to the actual premium basis for the policy period. Minimum Premium -The lowest premium for which this insurance will be written for the policy period. c. In no event will the final premium retained by us be less than the Minimum and Advance Premium shown on the Common Declarations of this policy. If no other premium is designated specifically as a Minimum and Advance Premium, the Minimum and Advance Premium shown on the Common Declarations is the Minimum and Advance. Such minimum is subject to the short rate or pro rate adjustment according to policy provisions in case of cancellation of the pol icy. d. The policy is also subject to a Minimum Earned Premium of 25.00 % of the Minimum and Advance premium shown on the Common Declarations of this policy. Such Minimum Earned Premium is not subject to pro rate or short rate adjustment in the event of cancellation by you and we shall retain no less than the Minimum Earned premium regardless of the policy term. Cancellation of the policy for non-payment of premium shall be deemed a request by you for cancellation of this policy thereby invoking the Minimum Earned Premium, unless short rate calculation earns for us more than the Minimum Earned Premium. If no percentage appears above, then the Minimum Earned Premium percentage as shown on the Common Declarations page will apply. e. 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. II. The following Condition is added to SECTION IV -CONDITIONS: AF-3378 01 /2015 Premium Financing/Cancellation of Financed Policy a. When we receive notification that the premium for this policy has been advanced by a premium financed company, we will acknowledge receipt of the premium finance agreement to the finance company on our form, when requested, but we will not amend or extend this policy. b. When we otherwise become aware that you financed all or part of this policy's premium, regardless or whether or not we receive a notice of premium financing, we will not be bound, as respects coverage we provide, by the terms of your finance agreement. This policy alone governs coverage. Page 3 of 4 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 c. When you sign a premium finance agreement, by the terms of the agreement, you may be giving the premium finance company the right, under certain conditions, to cancel this policy on your behalf. When we receive notice of cancellation from the finance company, we will recognize their request for termination of this insurance and we will pay any return premium due as directed by the premium finance company. In the absence of statutes to the contrary, non-payment to a premium finance company shall be considered the same as if the first Named Insured canceled the policy. The return premium will be calculated on a short rate basis. The premium finance company will usually require the payment of any return premium be made directly to them and we will honor that request unless applicable law requires otherwise. Any requested termination date set by the premium finance company that conflicts with other policy provisions or other operation of law, is subject to both the policy provisions and applicable law. You must resolve any resulting premium difference directly with the finance company. d. The Minimum Earned Premium described in Condition 5., Item d. above may not be financed as it is not refundable. All other terms and conditions of this policy remain unchanged. This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Number: CIP428547 Named Insured: THE SWIMMING SWAN LLC Endorsement Effective Date: 06/15/2021 AF-3378 01 /2015 Page 4 of 4 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROFESSIONAL LIABILITY COVERAGE PART AND PROFESSIONAL LIABILITY COVERAGE PART DECLARATIONS This form modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COVERAGE LIMITS OF INSURANCE D. Professional Liability $ 1,000,000 Each Professional Incident $ 2,000,000 General Aggregate Description of Professional Services: Premium Basis Rate Advance Premium SWIMMING INSTRUCTOR 1 VARIOUS $ INCLUDED Total Advance Premium $ INCLUDED FORMS AND ENDORSEMENTS APPLICABLE: See General Liability Coverage Form PER SCHEDULE OF FORMS AND ENDORSEMENTS A. The following is added to SECTION I COVERAGES: COVERAGE D PROFESSIONAL LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this coverage part applies caused by a "professional incident". We may, at our discretion, investigate any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in SECTION Ill -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 Coverage D. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments -Coverages A, Band D. b. This insurance applies to "bodily injury", "property damage" and "personal and advertising injury" only if: (1) The "bodily injury", "property damage" or "personal and advertising injury" is caused by a "professional incident" that takes place in the "coverage territory"; and (2) The "professional incident" occurs during the policy period. c. 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". Page 1 of 3 Endorsement No. AF001 084 09-16 (REV 02-19) Includes copyrighted material of Insurance Services Office, Inc. with its permission. DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 2. The following is added to SECTION I -COVERAGES Part 2. Exclusions Physicians, Nurses, Psychologists Liabi I ity Physicians, Nurses, Psychologists Liability of an insured, if the insured is a physician, psychiatrist, psychologist, licensed mental health counselor, or nurse, for such insured's personal acts or omissions involving a "professional incident". However, this does not apply to the following: a. nurses acting in the capacity as medical director or administrator or when acting in good faith in the rendering of emergency care, without remuneration or expectation of remuneration, at the scene of an accident or emergency; or b. when providing the professional services listed in the schedule above. B. SUPPLEMENTARY PAYMENTS -COVERAGES A AND B is amended to read SUPPLEMENTARY PAYMENTS -COVERAGES A, BAND D. C. SECTION II -WHO IS AN INSURED Part 1. is replaced with the following but only with respect to COVERAGE D -PROFESSIONAL LIABILITY: 1. If you are designated in the Declarations as: a. An individual, you are an insured 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 and your partners are also insured 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. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a named Insured in the Declarations. D. SECTION Ill -LIMITS OF INSURANCE is amended with the following: 1. Paragraph 2. is amended to read: 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. d. Damages under Coverage D. 2. The following paragraph is added: Subject to 2. above, the Professional Incident Limit is the most we will pay because of all "bodily injury", ''property damage'' and ''personal and advertising injury'' arising out of any one ''professional incident''. E. All Exclusions in SECTION I COVERAGES and any amendments thereto, apply to COVERAGE D except for ISO form CG 21 67, Fungi or Bacteria Exclusion. Page 2 of 3 Endorsement No. AF001 084 09-16 (REV 02-19) Includes copyrighted material of Insurance Services Office, Inc. with its permission. DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 F. SECTION VI -COMMERCIAL GENERAL LIABILITY CONDITIONS 1 through 9, and any amendments thereto, apply to COVERAGE D. However, the first sentence of Condition 4.b.(2) is amended to read as follows: When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". G. SECTION V -DEFINITIONS is amended to include the following definition: Professional Incident" means any negligent act or omission: 1. In the furnishing of healthcare services including the furnishing of food, beverages, medications or appliances in connection with such services and the post-mortem handling of human bodies but only of the type described in the "Schedule" of this coverage part . 2. In the rendering of any other professional services but only of the type described in the "Schedule" of this coverage part. Any such act or omission together with the subsequent or related acts or omissions in providing the above services to any one person shall be considered one "professional incident". H. Exclusion VI in form AF 001 007 (Combined Coverage and Exclusion Endorsement) does not apply to COVERAGE D. All other terms and conditions of this policy, including any amendments thereto, remain unchanged. This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to the preparation of the policy.) Policy Number: CIP428547 Named Insured: THE SWIMMING SWAN LLC Endorsement Effective Date: 06/15/2021 Page 3 of 3 Endorsement No. AF001 084 09-16 (REV 02-19) Includes copyrighted material of Insurance Services Office, Inc. with its permission. DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 ENDORSEMENT This Endorsement Changes the Policy-Please Read it Carefully EMPLOYEES AS INSUREDS -PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following: PROFESSIONAL LIABILITY COVERAGE PART SECTION II -WHO IS AN INSURED is amended to include the following paragraph: 2. Your "employees," other than "executive officers," physicians, psychiatrists, psychologists, nurses and licensed mental health counselors, are insureds only for acts within the scope of their employment by you. However, no "employee" is an insured for: a. "Bodily injury" or "personal and advertising injury" to you or to a co-"employee" while in the course of his or her em ploy ment, or the spouse, chi Id, parent, brother or sister of that co-"em ployee" as a consequence of such "bodily injury" or "personal injury" or for any obligation to share damages with or repay someone else who must pay damages because of the injury; or b. "Property damage" to property owned or occupied by or rented or loaned to that "employee," any of your "employees," or any of your partners or members (if you are a partnership, joint venture or limited liability company). Additional Premium$ INCLUDED (if any) All other terms and conditions of this policy remain unchanged. This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Number: CIP428547 Named Insured: THE SWIMMING SWAN LLC Endorsement Effective Date: 06/15/2021 Endorsement Seria I No. AF 001 11 6 0712 Includes copyrighted mate ria I of Insurance Services Office, Inc. with its permission Copyright, Insurance Services Office, Inc. 1994 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 03 00 01 96 DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective Policy No. 06/15/2021 12:01 A. M. standard time CIP428547 Named Insured Countersigned by THE SWIMMING SWAN LLC (Authorized R epresentatIve) SCHEDULE Coverage Bodily Injury Liability OR Property Damage Liability OR Bodily Injury Liability and/or Property Damage Liability Combined Amount and Basis of Deductible PER CLAIM or PER OCCURRENCE $ N/A $ N/A $ N/A $ N/A $ 500 $ N/A (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): A. Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay dam- ages 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 cover- ages. B. You may select a deductible amount on either a per claim or a per "occurrence" basis. Your selected de- ductible 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: 1. PER CLAIM BASIS. If the deductible amount in- dicated in the Schedule above is on a per claim CG 03 00 01 96 basis, that deductible applies as follows: a. Under Bodily Injury Liability Coverage, to all damages sustained by any one person be- cause 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 be- cause of: (1) "Bodily injury"; (2) "Property damage"; or (3) "Bodily injury" and "property damage" combined Copyright, Insurance Services Office, Inc., 1994 Page 1 of 2 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 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 in- cludes 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 dam- age"; 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 re- spect 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. CG 03 00 01 96 Page 2 of 2 Copyright, Insurance Services Office, Inc., 1994 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 POLICY NUMBER: CIP428547 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations PARADISE POINT LOCATION(S) AS REQUIRED BY WRITTEN LHO PARADISE LESSEE INC CONTRACT. DESTINATION MISSION BAY INC CITY OF SAN DIEGO, THEIR ELECTED OFFICIALS, REPRESENTATIVES, AGENTS AND EMPLOYEES 1404 VACATION RD SAN DIEGO CA 92109 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project ( other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 SERVICE OF SUIT ENDORSEMENT This Service of Suit Clause will not be read to conflict with or override the obligations of the parties to arbitrate their disputes as provided for in any Arbitration provision within this Policy. This Clause is intended as an aid to compelling arbitration or enforcing such arbitration or arbitral award, not as an alternative to such Arbitration provision for resolving disputes arising out of this contract of insurance. It is agreed that in the event of the failure of the Company to pay any amount claimed to be due hereunder, the Company, at the request of the insured, will submit to the jurisdiction of a Court of competent jurisdiction within the United States or Canada. Nothing in this endorsement shall in any way constitute a waiver of the Company to commence an action in any Court of competent jurisdiction in the United States, to remove any action to a United States District Court, 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, or to enforce any other provisions of the policy. It is further agreed that service of process in such suit may be made upon the Claims & Litigation Director, Atain Specialty Insurance Company, Kaufman Financial Center, 30833 Northwestern Highway, Farmington Hills, MI 48334, and that in any suit instituted against the Company under this policy, the Company will abide by the final decision of such Court or by the final decision of the final Appellate Court, in the event of an appeal. The above-named is authorized and directed to accept service of process on behalf of the Company in any such suit and/or upon the request of the insured to give a written undertaking to the Insured that it or they will enter a general appearance upon the 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 of America or province of Canada, which makes provision therefore, the Company hereby designates 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 who may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Insured or any beneficiary hereunder arising out of this contract of insurance, and hereby designates the above- named as the person to whom the said officer is authorized to mail such process or a true copy thereof. AF900 01/16 Page 1 of 1 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 This Endorsement Changes the Policy-Please Read it Carefully FRAUD, CONCEALMENT AND MISREPRESENTATION ENDORSEMENT THIS ENDORSEMENT APPLIES TO ALL COVERAGE PARTS PROVIDED UNDER THE POLICY A. FRAUD, CONCEALMENT AND MISREPRESENTATION FOR INCEPTION OF THIS POLICY This policy was issued based on the information supplied on an application and other correspondence, including your claims or loss history. This information is attached to and considered to be part of this policy. You should review this information carefully because the truth of this information was of paramount importance in influencing our decision to issue this policy. You, for all the insureds under this policy, do warrant the truth of such information to the best of your and their knowledge at the inception date of this policy. If such information is false or misleading, it may cause denial of coverage or v0iding of the policy. In any such instance, there shall be no duty to defend or indemnify any insured. B. FRAUD, CONCEALMENT AND MISREPRESENTATION IN PRESENTING ANY CLAIM With respect to all "insureds" covered under this policy and their representatives, we do not provide coverage if one or more" insureds" have: a) Concealed or misrepresented any material fact or circumstance; or b) Engaged in fraudulent or dishonest conduct relating to a claim. Any actions taken by an insured, or their representative, as outlined in this endorsement may cause a denial of coverage or voiding of the policy. In any such instance, there shall be no duty to defend or indemnify any insured. All other terms and conditions of this policy remain unchanged. This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Number: Named Insured: Endorsement Effective Date: AF-3380 (06/17) DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INFRINGEMENT, MISAPPROPRIATION AND UNFAIR COMPETITION EXCLUSION THIS ENDORSEMENT APPLIES TO ALL COVERAGE PARTS PROVIDED UNDER THIS POLICY. It is hereby agreed that this policy shall not apply to any "claim," "suit," or liability, arising, in whole or in part, out of: A. Any infringement upon or dilution of copyright, trademark, patent, title, slogan, service mark, service name or trade dress, whether or not pertaining to or alleged in conjunction with any "advertisement"; B. Any invasion or infringement of or interference with the right of privacy or publicity including, but not limited to, intrusion, public disclosure of private facts, unwarranted or wrongful publicity, false light or the use of any name or likeness for profit; c. Plagiarism or misappropriation of information, trade secrets, any ideas or style of doing business; D. "Unfair competition" as defined by statute or common law, whether or not pertaining to or alleged in conjunction with a claim of plagiarism, misappropriation of any information or ideas, piracy, any "advertisement," infringement or dilution of copyright, title, slogan, trademark, trade name, trade dress, service mark, or service name. All other terms and conditions of this policy remain unchanged. This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of this policy). Policy Number: Named Insured: Endorsement Effective Date: AF001396 09/18 Page 1 of 1 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Number Inception Date Expiration Date Endorsement Effective Policy Number Named Insured: AMENDMENT OF NONPAYMENT CANCELLATION CONDITION Wherever a Cancellation Condition for nonpayment of premium is found in the policy, the following is added: If the insured failed to pay premium charged on a prior policy we issued and payment was due during the current renewal policy term, we may cancel this policy by mailing or delivering to the first Named Insured and mortgagee, if any, written notice of cancellation at least ten (10) days before the effective date of cancellation. AF001707 (3/13) DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 EXCLUSION-DESIGNATED OPERATIONS- STATE OF MISSOURI This Endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY CDVERAGE FORM-COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM GARAGE LIABILITY COVERAGE FORM PROFESSIONAL LIBILITY COVERAGE PART NON-PROFIT DIRECTORS AND OFFICERS & EMPLOYMENT PRACTICES COVERAGE PARTS This Insurance does not apply to "bodily injury" "property damage"", and/or "personal and advertising injury", arising out of any ongoing operations or completed operations that take place in the State of Missouri. There shall be no duty to defend or indemnify any insured in connection with any "occurrence"", claim, demand, cause of action, or "suit" arising under the laws of the State of Missouri or out of any ongoing operations or completed operations that take place in the State of Missouri. However, this exclusion will not apply if, during the entirety of all policy periods with us, all of the following conditions apply: 1. The named insured"s principal place of business is located in a state other than Missouri; and 2. The named insured"s location of domicile and mailing address is located in a state other than Missouri. If either of the conditions listed above does not apply, this coverage exclusion applies in its entirety. AF001729 (04/2016) Page 1 of 1 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 EXCLUSION-DESIGNATED OPERATIONS- STATE OF NEW YORK This Endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM This Endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. This Insurance does not apply to "bodily injury", "property damage"", and/or "personal and advertising injury", arising out of any ongoing operations or completed operations that take place in whole or in part in the State of New York. There shall be no duty to defend or indemnify any insured in connection with any "occurrence", claim, demand, cause of action, or "suit"" arising under the laws of the State of New York or out of any ongoing operations or completed operations that take place in whole or in part in the State of New York. AF0017 40 (04/2016) Page 1 of 1 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 EXCLUSION-DESIGNATED OPERATIONS- ST ATE OF WASHINGTON This Endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM-CDVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM GARAGE LIABILITY COVERAGE FORM PROFESSIONAL LIBILITY COVERAGE PART NON-PROFIT DIRECTORS AND OFFICERS & EMPLOYMENT PRACTICES COVERAGE PARTS This Endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. This Insurance does not apply to "bodily injury", "property damage"", and/or "personal and advertising injury", arising out of any ongoing operations or completed operations that take place in whole or in part in the State of Washington. There shall be no duty to defend or indemnify any insured in connection with any "occurrence", claim, demand, cause of action, or "suit"" arising under the laws of the State of Washington or out of any ongoing operations or completed operations that take place in whole or in part in the State of Washington. AF0017 41 (04/2016) Page 1 of 1 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 IL 00 17 11 98 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. 1 O 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 can- cellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named lnsured'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 effective 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 Declarations is auth- orized 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 records 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 rec- ommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifi- cation, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declarations: 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 insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal repre- sentative. Until your legal representative is ap- pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copy rig ht, I nsu ranee Services Office, Inc., 1998 Page 1 of 1 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 THIS ENDORSBVIENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OCCUPATIONAL/ENVIRONMENT AL DISEASE EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Number Inception Date Expiration Date Endorsement Effective Policy Number Named Insured The following exclusion is added to Paragraph 2. Exclusions in SECTION I -COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY in the COMMERCIAL GENERAL LIABILITY COVERAGE FORM and Paragraph 2. Exclusions in SECTION I - COVERAGES PRODUCTS/COMPLETED OPERATIONS in the PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM : Occupationa 1/Envi ronme nta I Disease Any duty to defend or any claims or "suit(s)" for "bodily injury" resulting from any occupational or environmental disease arising out of the "products-completed operations hazard" and affecting any of your "employee(s)" or any third party. AF-3369 07/2012 Page 1 of 1 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 ABSOLUTE SILICA OR SILICA-RELATED DUST EXCLUSION THIS ENDORSBVIENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE SILICA OR SILICA-RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM GARAGE COVERAGE FORM A. The following Exclusion is added to Part 2. Exclusions of SECTION 1 -COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM, Part 2. Exclusions of SECTION 1 -COVERAGES, BODILY INJURY AND PROPERTY DAMAGE LIABILITY of the OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM and B. Exclusions of SECTION II -LIABILITY COVERAGE of the GARAGE COVERAGE FORM: Absolute Silica Or Silica-Related Dust Exclusion "Bodily injury", "property damage", or "personal and advertising injury" arising out of the mining, manufacture, handling, use, ingestion, inhalation, absorption, distribution, sale, existence, abatement, "enclosure", "encapsulation" or removal of "silica" or "silica-related dust" in any form. We have no duty to defend you or to investigate any "occurrence", "offense" or "suit" against you, which arises out of "silica", or "silica-related dust" in any form. If you investigate or defend any such "occurrence", "offense" or "suit", we have no duty to pay the expenses of the investigation or defense, nor do we have any duty to reimburse you. Any loss, cost or expense arising out of any request, demand or order that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of silica or silica-related dust; or Any loss, cost or expense arising out of any claim or suit 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 silica or silica-related dust. B. This Endorsement shall not serve to increase our Limits of Insurance, as described in SECTION Ill - LIMITS OF INSURANCE of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM and the OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM and Part C. Limit of Insurance in SECTION II -LIABILITY COVERAGE of the GARAGE COVERAGE FORM . C. For the purpose oft his endorsement, the following DEFINITIONS are added: 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. 3. "Encapsulant" means a substance applied directly to the surface of a material or substance to prevent the discharge, dispersal, release or escape of any part of that material or substance, either by creating a membrane over the surface or by penetrating the material or substance and binding its components together. 4. "Encapsulation" means the coating of the surface of a mate rial or substance with an "encapsulant" to prevent the discharge, dispersal, release or escape of any part of that material or substance. 5. "Enclosure" means those procedures and operations (excluding "encapsulation") required to construct an airtight, impermeable wall, ceiling or other permanent barrier around the surface of a AF3400 07/2012 material or substance to prevent the discharge, dispersal, release or escape of any part of that material or substance. Page 1 of 2 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 All other terms, conditions and exclusions included in this policy are applicable to this Endorsement and will remain unchanged. This Endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy). Policy Number: Named Insured: Endorsement Effective Date: AF3400 07/2012 Page 2 of 2 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CLASSIFICATION LIMITATION This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Number Inception Date Expiration Date Endorsement Effective Policy Number Named Insured Coverage under this policy is specifically limited to, and applies only to those classifications as described under the applicable Coverage Part or Schedule designated in the Declarations Page of th is pol icy. This policy excludes coverage for any operation not specifically listed in the Coverage Part, Schedule or Declarations Page of this pol icy. AF33510 07/2012 Page 1 of 1 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 THIS ENDORSBVIENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION -DIVING BOARDS, WATER SLIDES AND RECREATIONAL APPARATUS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Number Inception Date Expiration Date Endorsement Effective Policy Number Named Insured The following exclusion is added to Paragraph 2., Exclusions of Coverage (Section I-Coverages): Th is insurance does not apply to "bodily injury", "property dam age", "personal and advertising injury" or medical payments arising out of the ownership, maintenance or use of any diving board(s), water slide(s), platform or any other recreational apparatus used by anyone in or around the pool, lake, pond or any other water facility. All other terms and conditions of this insurance remain unchanged. AF000714 07/2012 Page 1 of 1 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUSION -EMPLOYEES, SUBCONTRACTORS, INDEPENDENT CONTRACTORS, TEMPORARY WORKERS, LEASED WORKERS OR VOLUNTEERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTACTORS PROTECTIVE LIABILITY COVERAGE FORM-COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: Endorsement Number Inception Date Expiration Date Endorsement Effective Policy Number Named Insured I. Exclusion e., Employer's Liability in Part 2, Exclusions of SECTION I -COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is replaced by the following: e. Employer's Liability 1. "Bodily injury" to: a. any "employee", "temporary worker", "leased worker", or "volunteer worker" of any insured; b. any other person performing work or services for any insured; or c. any "subcontractor" or "independent contractor" or any "employee" of any "subcontractor" or "independent contractor" arising out of and in the course of employment by or service to any insured for which any insured may be held liable as an employer or in any other capacity; 2. Any obligation of any insured to indemnify or contribute with another because of damages arising out of "bodily injury" to anyone identified in paragraph 1. of this endorsement; 3. "Bodily injury" sustained by the spouse, parent, brother, sister, companion or offspring of anyone identified in paragraph 1. of this endorsement; 4. Contractual liability as defined in Section I -Exclusions, item 2 b. of the Commercial General Liability Coverage Form CG 0001. This exclusion applies to all causes of action arising, in whole or part, out of "bodily injury" to anyone identified in paragraph 1. of this endorsement, including care and loss of services. When there is no coverage for any one insured under this endorsement, coverage is also excluded for any other insured ( and section IV. 7. b of form of the Commercial General Lia bi I ity Coverage Farm CG000 1 sh al I not apply). II. Exclusion f. Employers Liability in Part 2, Exclusions of SECTION 1 -COVERAGES, BODILY INJURY AND PROPERTY DAMAGE LIABILITY in the OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM -COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR form is replaced by the following: AF000839 (04/21) Page 1 of 2 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 f. Employer's Liability 1. "Bodily injury" to: a. any "employee", subcontractor, employee of any subcontractor, "independent contractor", employee of any "independent contractor", "temporary worker", "leased worker", or "volunteer worker" of any insured; b. any other person performing work or services for any insured; or c. any "subcontractor" or "independent contractor" or any "employee" of any "subcontractor" or "independent contractor" arising out of and in the course of employment by or service to any insured for which any insured may be held liable as an employer or in any other capacity; 2. Any obligation of any insured to indemnify or contribute with another because of damages arising out of "bodily injury" to anyone identified in paragraph 1. of this endorsement; 3. "Bodily injury" sustained by the spouse, parent, brother, sister, companion or offspring of anyone identified in paragraph 1. of this endorsement; or 4. Contractual liability as defined in Section I -Exclusions, item 2 b. of the Owners And Contractors Protective Liability Coverage Form CG 0009. This exclusion applies to all causes of action arising, in whole or part, out of "bodily injury" to anyone identified in paragraph 1. of this endorsement, including care and loss of services. When there is no coverage for any one insured under this endorsement, coverage is also excluded for any other insured ( and section IV. 7. b of form of the Commercial General Lia bi I ity Coverage Farm CG000 1 shall not apply). Ill. Endorsement Definitions For the purposes of this endorsement, "subcontractor" includes, but is not limited to, any persons or entities employed by, working with, hired by, loaned to, or contracted by any "subcontractor," including any downstream sub-subcontractors or "independent contractors". For the purposes of this endorsement, "independent contractor" means one that contracts to do work or perform a service for another and that retains control over the means or methods used in doing the work or performing the service. "Independent contractor" includes, but is not limited to, any persons or entities employed by, working with, hired by, loaned to, or contracted by any "independent contractor", including any downstream sub-subcontractors or other "independent contractors". For the purposes of this endorsement, "Employee" is defined as follows: "Employee" includes a "leased worker". All other terms and conditions of this policy remain unchanged. AF000839 (04/21) Page 2 of 2 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 THIS ENDORSBVIENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WATER HAZARDS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Number Inception Date Expiration Date Endorsement Effective Policy Number Named Insured This insurance does not apply to any claim or "suit" arising from swimming activities UNLESS: A As respects swimming pools: 1. a. The pool is fenced and has self-closing and self-latching gates that are unobstructed and working; or b. The pool is inside a building, enclosed by walls and has self-closing and self-I atch i ng doors; 2. Water depth markings are clearly visible on pool sides; 3. Safety (life saving) equipment required by law or ordinance is present, available for immediate use and in good working order; 4. "No Swimming Allowed" signs are posted during times when pool use is not permitted. The signs should be bi-lingual, if appropriate; 5. The pool is securely locked when not in service; 6. When the pool is open but no lifeguard is in attendance, "Swim At Your Own Risk" signs are posted and clearly visible. The signs should be bi-lingual, if appropriate; 7. "Diving Prohibited" signs are posted and clearly visible; 8. The swimming pool drains comply with the entrapment protection standards of the "Virginia Graeme Pool and Spa Safety Act". B. As respects any swimming facility other than a pool: 1. The swimming area shall be clearly marked by rope and buoys and segregated from boating areas; 2. Safety (life saving) equipment required by law or ordinance is present, available for immediate use and in good working order; 3. When open for swimming and no lifeguard is in attendance, "Swim At Your Own Risk" and "Diving Prohibited" signs are posted and clearly visible. The signs should be bi-lingual, if appropriate. 4. The Spa or any other swimming facility drains comply with the entrapment protection standards of the "Virginia Graeme Pool and Spa Safety Act ". AF000 854 07/2012 Included copyrighted mate rial of ISO, INC. with its permission. Copyright, ISO, INC., 1994 Page 1 of 1 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 THIS ENDORSBVIENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MAXIMUM LIMIT OF INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PROFESSIONAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Number Inception Date Expiration Date Endorsement Effective Policy Number Named Insured The following paragraph is added to SECTION Ill -LIMITS OF INSURANCE: If two or more Coverages apply to the same "occurrence" or "professional incident", the highest limit from one of the COVERAGES shall be the maximum limit of insurance available for the "occurrence" or "professional incident". AF000 871 07/2012 Page 1 of 1 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 THIS ENDORSBVIENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KNOWN INJURY OR DAMAGE EXCLUSION PERSONAL AND ADVERTISING INJURY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Number Inception Date Expiration Date Endorsement Effective Policy Number Named Insured The following exclusion is added to Paragraph 2. Exclusions of SECTION I -COVERAGE~ COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Known Injury Or Damage This insurance does not apply to "personal and advertising injury" arising from an offense: a. That occurs during the policy period and, prior to the policy period, an insured listed under Paragraph 1. of SECTION II -WHO IS AN INSURED or an "employee" authorized by you to give or receive notice of an offense or claim, knew that the "personal and advertising injury" had occurred prior to the policy period, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "personal and advertising injury" occurred, then any continuation, change or resumption of such offense during or after the policy period will be deemed to have been known prior to the policy period; or b. That occurs during the policy period and was, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of SECTION II -WHO IS AN INSURED or an "employee" authorized by you to give or receive notice of an offense or claim, includes any continuation, change or resumption of that "personal and advertising injury" after the end oft he pol icy period. A "personal and advertising injury" arising from an offense 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 an "employee" authorized by you to give or receive notice of an offense or claim: AF000 873 07/2012 (1) Reports all, or any part, of the "personal and advertising injury" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "personal and advertising injury"; or (3) Becomes aware by an other means that "personal and advertising injury" has occurred or has begun to occur. Page 1 of 1 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT -AIRCRAFT, AUTO OR WATERCRAFT EXCLUSION This endorsement modifies i nsu ranc e provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Number Inception Date Expiration Date Endorsement Effective Policy Number Named Insured SECTION I -COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, paragraph (g.) Aircraft, Auto Or Watercraft is deleted and replaced with the following: g. Aircraft, Auto Or Watercraft This insurance does not apply to: (1) "Bodily injury" or "property damage" arising out of or in connection with any aircraft or watercraft unless as outlined below; (2) "Bodily injury" or "property damage" arising out of or in connection with any "auto" unless as outlined below; or (3) "Bodily injury" or "property damage" arising out of or in connection with the "loading or unloading" of any aircraft, "auto" or watercraft by any insured unless as outlined below. This exclusion applies to "bodily injury" or "property damage" arising out of any aircraft, "auto" or watercraft, whether or not owned, maintained, used, rented, leased, hired, loaned, borrowed or entrusted to others or provided to another by any insured. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, entrust m ent, permitting, training or m on itori ng of others by an insured. This exclusion applies even if the claims against any insured allege direct or vicarious liability. This exclusion does not apply to: ( 1) A watercraft while ash ore on prem ises you own, rent or on any premises or in the water while being worked upon; (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 any insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f. (2) or f. (3) of the definition of "mobile equipment"; or (6) "Bodily injury" or "property damage" arising out of maintenance, service or repair of an "auto" by the Named Insured or their employees on the property of the insured or on the prem ises of others. AF 000 899 03/2014 Page 1 of 1 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 COMBINED COVERAGE AND EXCLUSION ENDORSEMENT This Endorsement Changes the Policy. Please Read it Carefully. This endorsement modifies insurance provided under the following coverage parts if those coverage parts are included in your policy COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE GARAGE COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM I. ASBESTOS EXCLUSION This insurance does notapplyto: A) " Bodily Injury' or "Property Damage" in whole or in part , either directly or indirectly, arising out of, based upon, or attributable to any of the following: 1. Asbestos or anyasbestos related injuryor damage; 2. Any alleged act, error, omission or duty involving asbestos, its use, exposure, presence, existence, detention, removal, elimination or avoidance; or 3. The use, exposure, presence, existence, detention, removal, elimination or avoidance of asbestos in any environment, building or structure; and B) The investigation, settlement or defense of any claim, "suit" or proceeding against the Insured alleging any actual or threatened injury or damage which arises out of or would not have occurred but for asbestos related "Bodily lnjuryor Property Damage" , as described above. II. TOTAL LEAD EXCLUSION The following exclusion is hereby added to COVERAGE A., BODILY INJURY AND PROPERTY DAMAGE LIABILITY under Paragraph 2., Exclusions and COVERAGE B. , PERSONAL AND ADVERTISING INJURY LIABILITY under Paragraph 2., Exclusions, of the Comprehensive General Liabilityform and is added in general as an exclusion to other coverage forms that constitute a portion of your policy. This insurance does notapplyto: A) "Bodily Injury', "Property Damage", "Personal and Advertising Injury'," Loss", or" Personal Injury', 1 . Arising, whether in whole or in part, and whether directly or indirectly, out of lead, including but not I im ited to, lead contained or incorporated in any material or product; or 2. By plum bism (lead poisoning) or any dis ease or ailment caused by , or aggravated by exposure, consumption, or absorption of lead, or due to or out of actual or alleged presence of lead in anyform , including; B) Any loss, cos~ or expense arising out of any 1. Request, demand, order, writ, injunction or judgment that any Insured or others test for, monitor, clean up, remove, contain, treat, detoxify, neutralize, prevent, abate or in any way respond to, or assess the presence or effect of any kind of lead; or Page 1 of 10 Endorsement Serial No. PF 001 007 06/20 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission Copyright, Insurance Services Office, Inc. 1994, 1997, 2007 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 2. Claim or "suif for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, preventing, abating or in any way responding to, or assessing the presence or effect of any kind of lead . 111. INDEPENDENT CONTRACTORS LIABILITY INSURANCE ENDORSB\11 ENT The fol lowing special conditions are made a part of any applicable coverage form or endorsement that forms a part of your pol icy and you warrant and agree that: 1. You have a written formal contractwith such independent contractors , in force at the time of such injury or damage, verifying insurance of the types provided byth is policy with the limits of ins u ranee for such ins u ranee equal to or greater than the I im its of ins u ranee provided byth is policy; and you collect such evidence of insurance from the independent contractors before they enter the job site; and 2. Such independent contractors name you as an additional insured on their Commercial General Liability insurance policy for damages because of "Bodily Injury'," Property Damage" or "Personal and Advertising Injury' arising out of or caused by the work , activities or operations of the independent contractor , including your supervision, review or inspection of the independent contractor; and 3. Such independent contractors have agreed , in writing, to hold you harm less from al 11 iabil ity, including attorneyfees, arising from their acts, errors or omissions; and 4. Such independent contractors Commercial General Liability coverage is primary and our policy shall be excess of the insurance maintained bythe independent contractors policy, notwithstanding the language of the Other Insurance provisions of the independent contractors pol icy . Failure to com ply with any of the above conditions does not alter the coverage provided by th is pol icy However, should you fail to complywith any of the above conditions , any subcontractors hired by any Insured wi 11 be considered your employees for premium computation purposes . You wi 11 be charged an additional premium with the entire cost of labor charged bysuch subcontractors used as payrol I and assigned to the applicable class for the work performed. IV. EMPLOYMENT -RELATED PRACTICES EXCLUSION A. The following exclusion is added to Paragraph 2., Exclusions of COVERAGE A-BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I-Coverages), of the Commercial General Liability form and is added in general as an exclusion to other coverage forms that constitute a portion of your policy: This insurance does notapplyto: "Bodily Injury' to (1) A person arising out of any (a) Refusal to employthat person; (b) Termination of that persons' em ployrnen~ or Page 2 of 10 Endorsement Serial No. AF 001 007 06/20 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission Copyright, Insurance Services Office, Inc. 1994, 1997, 2007 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 ( c) Employment-related practices, policies, acts or omissions , such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, hum ii iation or discrimination directed at that person; or (2) The spouse, chi Id, parent, brother ors ister of that person as a consequence of "Bodily lnjury'to that person atwhom anyof the employment-related practices described in paragraphs (a), (b) or (c) above is directed. This exclusion applies: (1) V\thether the Insured may be I iable as an employer or in any other capacity; and (2) To any obi igation to share dam ages with or repay someone else who must pay damages because of the injury B. The following exclusion is added to Paragraph 2., Exclusions of COVERAGE B-PERSONAL AND ADVERTISING INJURY LIABILITY (Section I-Coverages): This insurance does not apply to: Personal and Advertising lnjuryto: (1) A person arising out of any (a) Refusal to employthat person; (b) Termination of that persons' employment; or (c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harass men~ humiliation or discrimination directed at that person; or (2) The spouse, chi Id, parent, brother or sister of that person as a consequence of" personal 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) V\thether the Insured may be I iable as an employer or in any other capacity; and (2) To any obi igation to share damages with or repay someone else who must pay damages because of injury. V. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT 1. The insurance does not apply A. Under any Liability Coverage to" Bodily Injury' or "Property Damage": (1) VVith respect to which an "insured" under the policy is also an Insured under a nuclear energy I iabil ity pol icy issued by Nuclear Energy Lia bi I ity Ins u ranee Association , Mutua I Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or wou Id be an Insured under any such pol icy but for its termination upon exhaustion of its I im it of I iabi I ity; or Page 3 of 10 Endorsement Serial No. PF 001 007 06/20 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission Copyright, Insurance Services Office, Inc. 1994, 1997, 2007 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 (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 th is pol icy not been issued wou Id be , entitled to indemnityfrom the United States of America , or anyagencythereof, underanyagreement entered into bythe United States of America, or any agency thereof, with any person or organization . B. Under any Medical Payments coverage, to expenses incurred with respect to "Bodily lnju ry'' resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a " nuclear facility' by any person or organization . C. Under any Liability Coverage, to "Bodily Injury' or "Property Damage" resulting from "hazardous properties" of" nuclear material", if: (1) The " nuclear material" (a) is at any" nuclear facility' owned by , operated by or on behalf of, an "insured" or (b) has been dis charged or dispersed therefrom; (2) The ''nuclear m ateria I'' contained in " spent fuel'' or ''waste'' at anytime possessed, handled, used, processed, stored, transported or disposed of, byor on behalfof an" Insured "; or (3) The" Bodily Injury' or" Property Damage" arises out of the furnishing byan "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 possess ions or Canada , th is exclusion (3) applies on lyto " Property Damage" to such " nuclear facility' and any property thereat. 2. fas 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 anyfuel element or fuel component, solid or I iq u id, 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 ta iii ngs or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarilyfor its "source material" content, and (b) resulting from the operation by any person or organization of an " nuclear facility' included under the first two paragraphs of the definition of" nuclear facility." Page 4 of 10 Endorsement Serial No. PF 001 007 06/20 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission Copyright, Insurance Services Office, Inc. 1994, 1997, 2007 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 "Nuclear facility' means: (a) Any "nuclear reactor"; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or pl uton iu m, (2) processing or utilizing "spent fuel" or (3) hand Ii ng , processing or packaging" waste:' ( c) Any equipment or device used for the processing , fabricating or alloying of "special nuclear material" if at anytime 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 u ran iu m 233 or any combination thereof, or more than 250 grams of uranium 235; ( d) Any structure, bas in, excavation, premises or place prepared or used for the storage or disposal of "vvaste", 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 orto contain a critical mass of fissionable material. "Property Damage includes all forms of radioactive contamination of property . VI. PROFESSIONAL SERVICES EXCLUSION The following exclusion is added to Part 2. Exclusions of SECTION I -COVERAGES , COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Part 2. Exclusions of COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY of the COMMERCIAL GENERAL LIABILITY FORM: Th is ins u ranee does not apply and there s hal I be no duty to defend or indemnify any insured for any" occurrence" , " suit'' , liability, demand or cause of action arising, in whole or part, out of any claim involving the rendering or failure to render any "professional service." Further, when any insured has purchased or obtained errors and/or omissions coverage or any other type of profess ion al insurance coverage and the claim, in anyway arises, in whole or part, out of the services performed byanyinsured, there shall be no d utyto defend or indemnify under th is policy. Whether or nots uch E&O or any other professional coverage has been purchased or obtained, however, the first paragraph of this exclusion remains in full force and effect. " Professional Service" includes, but is not I im ited to, any of the fol lowing: (1) accountant; (2) architect; (3) engineer; ( 4) ins u ranee agent or broker; (5) la~r; (6) any medical professional; (7) real estate agent or broker; (8) s u rvey0r; (9) health inspector; (10) safety inspector; (11) any service where an insured is retained or asked to render an opinion, written or verbal, to a third-party; or (12) any other service that is of a professional nature, regard less of whether a I icense or certification is required. VII. PHYSICAL-SEXUAL ABUSE EXCLUSION Th is ins u ranee does not applyto any "occu re nee ," s ui~ liability, claim , demand or causes of action arising out of or that in any way involves the physical abuse, sexual abuse or licentious, immoral or sexual behavior, whether or not intended to lead to, or cu Im inati ng in any sexual act, whether caused by, or at the instigation of, or at the direction of, or omission by a. ftrlyinsured or the insured's employees; b. Patrons ofanyinsured's business; c. ,Agents of any insured; d. "Volunteer workers"; Page 5 of 10 Endorsement Serial No. PF 001 007 06/20 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission Copyright, Insurance Services Office, Inc. 1994, 1997, 2007 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 VIII. e. Subcontractor or employee of any subcontractor; f. " Independent contractor'' or employee of any" independent contractor'' ; g. "Leased worker"; or h. Any other person. For the purposes of th is endorsement 1 . "Independent contractor" means one that contracts to do work or perform a service for another and that retains control over the means or methods used in doing the work or performing the service. "Independent contractor'' includes , but is not limited to, subcontractors and any employees of a subcontractor, any employee of an independent contractor , any employees of the insured, agents, representatives, volunteers, spouses, family members or the insured or any Additional Insureds added to this policy. 2. " 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 y0u r business. " leased worker" does not include a "temporaryworker'' . "Temporaryworker" 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. 3. "Volunteer worker" means a person who is not your employee , and who donates her or her work and acts at the direction of and with in 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. In addition, it is understood this insurance does notapplyto "bodily injury', "property damage" or "personal and advertising injury' arising out of 1 . The actual or threatened abuse or molestation by anyone or any person whether or not in the care, custody or control of any insured; 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 is described in Paragraph 1. above. TOTAL POLLUTION EXCLUSION WITH HOSTILE FIRE EXCEPTION Exclusion f. under Paragraph 2., Exclusions, of Coverage A .-Bodily Injury and Property Damage Liability (Section I-Cove rages ) is hereby deleted. The following exclusion is hereby added to Coverage A., Bodily Injury and Property Damage Liability under Paragraph 2., Exclusions and to Coverage B ., Personal and Advertising Injury Liability under Paragraph 2., Exclusions. This insurance does not apply to: (1) "Bodily Injury'," Property Damage" , "Personal and Advertising Injury' caused by or arising out of in whole or in part, the actual, alleged, or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" atanytime. This exclusion does not apply to" Bodily Injury' or" Property Damage" arising out of heat, smoke , or fumes from a hostile fire unless that hostile fire occurred or originated: (a) Af any premises, site, or location which is or was at anytime used by or for any Insured or others for the hand Ii ng, storage, disposal, processing or treatment of waste; or (b) Af any premises, site or location on which any Insured or any contractors ors u bcontractors or working directly or indirectly on any Insureds' behalf are performing Page 6 of 10 Endorsement Serial No. PF 001 007 06/20 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission Copyright, Insurance Services Office, Inc. 1994, 1997, 2007 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 operations to test for, monitor, clean up, remove, contain, treat, detoxify, neutralize or in any way respond to or assess the effects of "pollutants" . fas used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. (2) Any loss, cost or expense arising out of any (a) Request, demand, order, writ, injunction or judgment that any"insured" or others test for, monitor, clean up, remove, contain, treat, detoxify, neutralize, prevent, abate or in any way res pond to , or assess the presence or effect of any kind of "pollutants"; or (b) Claim or" s u if' by or on behalf of a govern mental authorityfor damages because of monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way res ponding to, or assessing the presence or effect of any kind of" pollutants" . Pollutants means any sol id , I iq u id, gaseous or thermal irritant or contaminant including smoke, vapor, soot, fumes, acid, alkalis, chemicals and waste. Waste includes material to be recyeled, reconditioned or reclaimed. Pollutants also includes carbon dioxide and any other substance that contributes to climate change. IX. ASSAULT AND BATTERY EXCLUSION This insurance does not apply to" bodily injury' or "property damage," in whole or in part , either directly or indirectly, or in anyway arising out of or that in anyway involves any of the following: 1 . ftssau It and Battery committed by any Insured , any employee of any Insured or any other person; 2. The fai I u re to suppress or prevent ftssau It and Battery by any person in 1 . above; 3. Any cause of action or claim involving ass au It or battery that in any way relates to the negligent hiring, supervision or training of any employee of the Insured; or 4. ftssau It or Battery, whether or not caused by or arising out of neg I igent , reckless or wanton conduct of any Insured, any Insured' s employees, patrons or other persons lawfully or otherwise on, at or near the premises owned or occupied by any Insured , or by any other person. For the purposes of th is exclusion, ftssau It and Battery includes, but is not Ii mired to, the use of reasonable force or self-defense by any party, person, insured or employee of any insured. Furthermore for this Exclusion, SECTION I -COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY , Section 2. Exclusions, Paragraph a. Expected Or Intended Injury is replaced by the following: a. Expected Or Intended Injury "Bodily injury' or" property damage" expected or intended from the standpoint of the insured. Page 7 of 10 Endorsement Serial No. PF 001 007 06/20 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission Copyright, Insurance Services Office, Inc. 1994, 1997, 2007 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 X. TENDERING OF APPLICABLE LIMIT OF INSURANCE The COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 0001 is amended as follows: SECTION I -COVE RAG ES , COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Insuring Agreement, 1 , a. (2) is deleted in its entirety and replaced with the fol lowing: (2) Our rig ht and duty to defend ends when we have used up the applicable I im it of ins u ranee in the payment of judgments or settlements or when we tender the applicable limit of insurance to any person or organization that has a financial interest in a claim or "suit'' under Coverages A or B or C or coverage under any other applicable endorsement to this policy. The last paragraph of SECTION I COVERAGES , SUPPLEMENTARY PAYMENTS COVERAGES A AND B is deleted in its entirety and replaced with the fol lowing :Our obi igation to defend an insured' s indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: a. We have used up the applicable Ii m it of ins u ranee in the payment of judgments or settlements; or b. V\then we tender the applicable Ii m it of ins u ranee to any person or organization that has a financial interest in a claim or" suit'' under Coverages A or B or C or coverage under any applicable endorsement to this policy; or c. The conditions set forth above , or the terms of the agreement described in paragraph f. above, are no longer met. The OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR FORM CG 0009 is amended as follows: SECTION I -COVERAGES BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Insuring Agreement, 1 , a. (2) is deleted in its entirety and replaced with the fol lowing: (2) Our rig ht and duty to defend ends when we have used up the applicable Ii m it of ins u ranee in the payment of judgments or settlements, or tendered the applicable Ii m it of ins u ranee to any person or organization that has a financial interest in any claim or " suit'' The last paragraph of SECTION I -COVERAGES , SUPPLEMENT ARY PAYMENTS is deleted in its entirety and replaced with the fol lowing: Our obligation to defend an insured's indem nitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: a. We have used up the applicable Ii m it of ins u ranee in the payment of judgments or settlements; or b. V\then we tender the applicable Ii m it of ins u ranee to any person ororgan ization that has a financial interest in a claim or" suit'' ; or c. The conditions set forth above , or the terms of the agreement described in paragraph f. above, are no longer met. The GARAGE COVERAGE CA 0005 is amended as follows: The last paragraph of 1. a. " Garage Operations"-Other Than Covered "Autos" of A COVERAGE of SECTION II -LIABILITY COVERAGE is deleted in its entirety and replaced with the following: We have the rig ht and d utyto defend any" insured' against a " suit'' asking for these damages . However, we have no duty to defend any" insured" against a " suit'' seeking damages for" bodily injury or "property damage" which th is insurance does not apply. We may investigate and settle any claim or " suit'' as we consider appropriate. Our d utyto defend or settle ends when the applicable Liability Coverage Lim it of Ins u ranee -"Garage Operations" -Other Than Covered " ,Autos" has been exhausted by payment of Page 8 of 10 Endorsement Serial No. PF 001 007 06/20 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission Copyright, Insurance Services Office, Inc. 1994, 1997, 2007 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 judgments or settlements or when we tender the applicable Ii m it of ins u ranee to any person or organization that has a financial interest in a claim or "suit." The last paragraph of 2. "Garage Operations" -Covered "Autos" of A COVERAGE of SECTION II -LIABILITY COVERAGE is deleted in its entiretyand replaced with the following: We have the rig ht and duty to defend any" insured" against a " suit'' as king for such damages or a "covered pollution cost or expense." However, we have no duty to defend any" insured" against a "suit'' seeking damages for "bodily injury' or "property damage" or a "covered pollution cost or expense" to which this insurance does not apply. We may investigate and settle any claim or "suit'' as we consider appropriate. Our duty to defend or settle ends when the applicable L iab i I ity Cove rage Lim it of Ins u ranee -"Garage Operations" -Covered "Autos" has been exhausted by payment of judgments or settlements or when we tender the applicable Ii m it of insu ranee to any person or organization that has a financial interest in a claim or" suit ." Paragraph (6) of Section 4. Coverage Extensions , a. Supplementary Payments is deleted in its entirety and replaced with the following: (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any" suit'' against the " insured" we defend; but our d utyto pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is with in our Limit of Insurance, when we have used up the applicable limit of insurance in the payment of judgments or settlements or when we tender the applicable I im it of ins u ranee to any person or organization that has a financial interest in a claim or" suit" The LIQUOR LIABILITY COVERAGE FORM CG 00 33 is amended as follovvs: SECTION I -LIQUOR LIABILITY COVERAGE , 1. Insuring Agreement, 1, a. (2) is deleted in its entirety and replaced with the fol lowing: (2) Our rig ht and d utyto defend ends when we have used up the applicable Ii m it of ins u ranee in the payment of judgments or settlements or when we tender the applicable Ii m it of insurance to any person or organization that has a financial interest in a claim or" suit'' under this Coverage Part. XI. ANTI-STACKING AND NONDUPLICATION OF LIMITS OF INSURANCE If any Coverage Form , Coverage Part or pol icy issued to you by us or any company affiliated with us applyto the same claim for expenses or damages, the maximum Lim it of Ins u ranee for Lia bi I ity Coverage under all of the Coverage Forms, Coverage Parts or policies shall not exceed the highest applicable Lim it of Ins u ranee avai I able under any one Coverage Form, Coverage Part or pol icy. Th is endorsement does not applyto any Coverage Form , Coverage Part or policy issued by us or an affiliated company specifically to apply as excess ins u ranee over th is pol icy . XII. AMENDMENT OF OTHER INSURANCE ENDORSEMENT It is agreed that Section IV -Comm ere ia I Genera I Liability Condit ions , Paragraph 4. Is replaced in its entiretywith the following: Th is ins u ranee is excess over any other ins u ranee whether primary, excess, contingent or on any other bas is that is available to any insured. You are required to give notice of claim to all "potential insurers" within thirty days of giving notice of claim to us. We have no duty under Coverage Aor Bto defend anyclaim or" suit'' that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to your rights against al I those other insurers. Page 9 of 10 Endorsement Serial No. AF 001 007 06/20 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission Copyright, Insurance Services Office, Inc. 1994, 1997, 2007 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 We wi II pay only ours hare of the amount of loss, if any, that exceeds the sum of: The total amount that all such other ins u ranee wou Id pay for the loss in absence of th is ins u ranee; and The total of all deductible and self-insu ranee amounts under all such insurance. "Potential Insurers" means all insurance companies who maybe obligated to defend any insured as either a named insured or an additional insured. XIII. SUPPLEMENTARY PAYMENTS-AMENDMENT OF JUDGEMENT INTEREST The COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 0001 is amended as follovvs: SECTION I -COVERAGES, SUPPLEMENTARY PAYMENTS-COVERAGES A AND B, Paragraph 1 is deleted in its entirety and replaced with the following: 1 . We wil I pay, with respect to any claim we investigate or settle, or any "suit'' against an insured which we defend: a. All expenses we incur. b. Up to $250 for cost of bai I bonds requested because of accidents or traffic law violations arising out of the use of anyvehicle 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 on lyfor bond amounts with in the applicable I im it of ins u ranee. 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 againstthe 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 Ii m it of ins u ranee, we wil I not pay any prejudgment interest based on that period of time after the offer. g. Interest on the amount of any judgment up to the applicable pol icy Ii m it of ins u ranee that accrues after the entry of such judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable Ii m it of ins u ranee. Authorized Representative This endorsement is effective on the inception date of this policy unless otherwise stated herein. (fhe information below is required only when th is endorsement is issued subsequent to preparation of the pol icy). Policy Number: Named Insured: Endorsement Effective Date: Page 10 of 10 Endorsement Serial No. PF 001 007 06/20 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission Copyright, Insurance Services Office, Inc. 1994, 1997, 2007 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 THIS ENDORSBVIENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SEXUAL ABUSE, CONT ACT OR MOLESTATION This endorsement modifies insurance provided under the following: PROFESSIONAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Number Inception Date Expiration Date Endorsement Effective Policy Number Named Insured The following Exclusion is added to the Exclusion Section of the above Coverage Part: This insurance does not apply to any "occurrence", suit, liability, claim, demand or causes of action arising out of or resulting from the physical abuse, sexual abuse or licentious, immoral or sexual behavior intended to lead to, or culminating in any sexual act, whether consensual or not and whether caused by, or at the instigation of, or at the direction of, or omission by: a. The insured or the insured's employees; b. Patrons of the insured 's business; c. Agents of the insured; d. "Volunteer workers"; e. Subcontractor or employee of any subcontractor; f. "Independent contractor" or employee of any "independent contractor "; or g. "Leased worker". For the purposes of this endorsement: 1. "Independent contractor" means one that contracts to do work or perform a service for another and that retains control over the means or methods used in doing the work or performing the service. "Independent contractor'' includes, but is not limited to, subcontractors and any employees of a subcontractor, any employee of an independent contractor, any employees of the insured, agents, representatives, volunteers, spouses, family members of the insured or any Additional Insureds added to this policy. 2. 3. AF001 199 07/2012 "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. "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. Page 1 of 1 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 THIS ENOORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DAMAGE TO PREMISES RENTED TO YOU LIMITATION- FIRE LEGAL LIABILITY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Number Inception Date Endorsement Effective Policy Number Named Insured Expiration Date A The following I ang uage from Exel usion 2.j. of SECTION I COVERAGES -COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted: " Paragraphs ( 1), (3) and (4) of th is ex cl us ion do not apply to "property damage" ( other than dam age by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage to Premises Rented to You as described in Section Ill -Limits of Insurance." B. Reference in the Declarations to Damage To Premises Rented To You Limit is changed to read Fire Legal Liability Limit. C. Paragraph 6. Of SECTION Ill -LIMITS OF INSURANCE, is deleted and replaced with the following: 6. Subject to 5. Above, the Fire Legal Liability Limit is the most we will pay under Coverage A for damages because of "property damage" to premises, while rented to you or temporarily occupied by you with permission of the owner, arising out of any one fire. AF 001 401 06/2016 Page 1 of 1 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 ENOORSEMENT This Endorsement Changes the Policy-Please read it Carefully AMERICANS WITH DISABILITIES ACT AND DISCRIMINATION EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART This insurance does not apply and there shall be no duty to defend or indemnify any insured for any ''occurrence" , "suit" , liability, claim, demand or cause of action arising, in whole or part, out of any claim under: (1) the Americans with Disability Act (ADA) or its state counterparts; or (2) any other federal, state, county, municipal or local law barring discrimination, including but not limited to those based on race, color, national origin, ancestry, citizenship, gender, sexual orientation, marital status, religion or religious belief, age, economic status, income, medical condition, pregnancy, parental status, mental disability or physical disability. All other terms and conditions of this policy remain unchanged. This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The endorsement effective date below is only required when this endorsement is issued subsequent to the preparation of the policy.) Policy Number: Named Insured: Endorsement Effective Date: Authorized Representative AF001752 08/2016 Page 1 of 1 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL CANNABIS AND RELATED PRODUCTS EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Number Inception Date Expiration Date Endorsement Effective Policy Number Named Insured This insurance does not apply and there shall be no duty to defend or indemnify any insured for any "occurrence", "suit", liability, "bodily injury", "property damage", "personal and advertising injury", demand or cause of action arising, in whole or part, out of any claim that is any way related to the sale, consumption, use or any exposure, of any kind, to: 1. Marijuana 2. "Cannabis" 3. Any product that contains any: a. Marijuana; b. Tetrahydrocannabinol (THC); c. "Cannabis"; d. Hemp; or e. Any derivatives of paragraphs a. through d. above. For the purposes of this endorsement, the following definition applies: "Cannabis" means: 1. Any good or product that consists of or contains any amount of Tetrahydrocannabinol (THC) or any other cannabinoid, regardless of whether any such THC or cannabinoid is natural or synthetic. 2. Paragraph 1. above includes, but is not Ii m ited to, any of the following containing such THC or can nabi noid: a. any plant of the genus Cannabis L, or any part thereof, such as seeds, stems, flowers, stalks and roots; or b. Any compound, byproduct, extract, derivative, mixture or combination, such as: (1) Resin, oil or wax; (2) Hash or hemp; or (3) Infused liquid or edible cannabis; whether or not derived from any plant or part of any plant set forth in Paragraph 2.a. AF001788 (10/19) Page 1 of 1 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 COMMERCIAL GENERAL LIABILITY CG 00 010413 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 Ill -Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments -Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II -Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II -Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II -Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. e. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". CG 00 010413 © Insurance Services Office, Inc., 2012 Page 1 of 16 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the "occurrence" which caused the "bodily injury" or "property damage", involved that which is described in Paragraph (1), (2) or (3) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". Page 2 of 16 © Insurance Services Office, Inc., 2012 CG 00 010413 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 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". CG 00 010413 © Insurance Services Office, Inc., 2012 Page 3 of 16 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 (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, rebel I ion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; Page 4 of 16 © Insurance Services Office, Inc., 2012 CG 00 010413 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 (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 Ill -Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products- completed operations hazard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products- completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (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 add it ion 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 CG 00 010413 © Insurance Services Office, Inc., 2012 Page 5 of 16 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 (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 Ill -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 Ill -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 know ledge 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". Page 6 of 16 © Insurance Services Office, Inc., 2012 CG 00 010413 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 i. Infringement Of Copyright, Patent, Trademark Or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in your "advertisement". However, this exclusion does not apply to infringement, in your "advertisement", of copyright, trade dress or slogan. j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "personal and advertising injury" under the Definitions section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. I. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution-related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pol I utants". 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, rebel I ion, 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 add it ion to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. CG 00 010413 © Insurance Services Office, Inc., 2012 Page 7 of 16 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 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 ANDB 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. Page 8 of 16 © Insurance Services Office, Inc., 2012 CG 00 010413 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I -Coverage A -Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II -WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. CG 00 010413 © Insurance Services Office, Inc., 2012 Page 9 of 16 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 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 9oth 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 Ill -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. Page 10 of 16 © Insurance Services Office, Inc., 2012 CG 00 010413 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard". 4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. CG 00 010413 © Insurance Services Office, Inc., 2012 Page 11 of 16 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 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. Excesslnsurance (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; Page 12 of 16 © Insurance Services Office, Inc., 2012 CG 00 010413 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 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. CG 00 010413 © Insurance Services Office, Inc., 2012 Page 13 of 16 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. 10. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 11. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 12. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. Page 14 of 16 © Insurance Services Office, Inc., 2012 CG 00 010413 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 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 fol lowing times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy Schedule, states that products- completed operations are subject to the General Aggregate Limit. 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, electronic data is not tangible property. CG 00 010413 © Insurance Services Office, Inc., 2012 Page 15 of 16 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 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 control led equipment. 18. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. 20. "Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 21. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. Page 16 of 16 © Insurance Services Office, Inc., 2012 CG 00 010413 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 COMMERCIAL GENERAL LIABILITY CG 20 33 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 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 the failure to render any professional architectural, engineering or surveying services. CG 20 33 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project ( other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 33 0413 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 COMMERCIAL GENERAL LIABILITY CG 210705 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION -ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA-RELATED LIABILITY -LIMITED BODILY INJURY EXCEPTION NOT INCLUDED 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 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. 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. 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. CG 210705 14 © Insurance Services Office, Inc., 2013 Page 1 of 1 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 COMMERCIAL GENERAL LIABILITY CG 213205 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMUNICABLE DISEASE EXCLUSION This endorsement modifies i nsu ranc e 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 Pa rag ra ph 2. Exclusions of Section I -Coverage B -Per- sonal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: Communicable Disease "Persona I and advertising injury" arising out of the actual or alleged transmission of a commu- nicable 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. CG 213205 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 COMMERCIAL GENERAL LIABILITY CG 216712 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability: 2. Exclusions This insurance does not apply to: Fungi Or Bacteria a. "Bodily injury" or "property damage" which would not have occurred, in whole or in part, but for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any "fungi" or bacteria 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 consump- tion. 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: 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 fungi. CG 216712 04 © ISO Properties, Inc., 2003 Page 1 of 1 0 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 COMMERCIAL GENERAL LIABILITY CG 21730115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. 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". 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. 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; 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. CG 21730115 © Insurance Services Office, Inc., 2014 Page 1 of 1 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 COMMERCIAL GENERAL LIABILITY CG 22 30 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION -CORPORAL PUNISHMENT 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 Para- graph 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" to your student arising out of any corporal punishment administered by or at the direction of any insured. CG 22 30 07 98 Copy rig ht, I nsu ranee Services Office, Inc., 1997 Page 1 of 1 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 COMMERCIAL GENERAL LIABILITY CG 24 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 in jury" 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. CG 24 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 COMMERCIAL GENERAL LIABILITY CG 32 34 01 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The term "spouse" is replaced by the following: Spouse or registered domestic partner under Califor- nia law. CG 32 34 01 05 © ISO Properties, Inc., 2004 Page 1 of 1 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 ATAIN INSURANCE COMPANIES CLAIM REPORTING INFORMATION Your insurance policy has been placed with an Atain Insurance Company. Our connnitment to you is to provide fast, fair claim service. Promptly reporting an event that could lead to a claim, as required by your policy, he]ps us fulfill this connnitment to you Please refer to your policy for this and all other teffi1S and conditions. HOW TO REPORT A CLAIM E-mail at claims@atainins.com, fax at 248-539-6092, or visit our website at www.atainins.com In order to expedite this process, please be prepared to furnish as much of the following information as possible: Your policy number Date, time and location of the loss/ accident Details ofthe loss / accident Name, address and phone number of any involved parties If applicable, name of law enforcement agency or fire department along with the incident number. Please also refer to your policy for specific claim reporting requirements. 1hank you for your business and as always, we appreciate the opportunity to senre you. AF001 772 (08-17) Page 1 of 1 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 ATAIN SPECIAL TY INSURANCE COMPANY NOTICE -PREMIUM REFUNDS In response to California Assembly Bill 24 04, this notice is being provided to make you aware that you may incur a penalty if you cancel your policy prior to the expiration date. If you cancel the policy prior to the expiration date, the penalty is 10% of any remaining unearned premium, subject to any minimum earned premium endorsement that may be attached to your policy or the policy for which you are applying. This notice is for information purposes only and does not become a part or condition of the policy. CAPRNOTICE 12/2011 Page 1 of 1 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 CALIFORNIA SURPLUS LINES NOTICE (D-2) 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 lines" 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 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. D-2 (Effective January 1, 2020) Page 1 of 2 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 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. 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 (Effective January 1, 2020) Page 2 of 2 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974 DocuSign Envelope ID: 21CCF77E-709C-4055-9450-40BE7060B974