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PRR 2023-09 OPATS - Agreement
DocuSign Envelope ID:8CADF194-F80A-4E45-9189-03501A615813 AGREEMENT FOR PROFESSIONAL SERVICES OPATS Consulting Service COVID-19 Risk Assessment and Analysis This Agreement for Professional Services (the "Agreement") is made and entered into as of December 14, 2020, by and between the City of Lake Elsinore, a municipal corporation ("City") and OPATS Consulting Service, a LLC ("Consultant"). RECITALS A. The City has determined that it requires the following professional services: COVID-19 risk assessment and comprehensive data analysis for City employees. B. Consultant has submitted to City a proposal, dated December 14, 2020, attached hereto as Exhibit A ("Consultant's Proposal") and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement. C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement. AGREEMENT 1. Scope of Services. Consultant shall perform the services described in Consultant's Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant's Proposal, subject to the direction of the City through its staff that it may provide from time to time. 2. Tirne of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant's Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant's Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager. OPATS Pagel DocuSign Envelope ID:8CADF194-F80A-4E45-9189-03501A615813 G. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant's Proposal (Exhibit A). 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants' Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed Thirty Thousand dollars ($30,000.00) without additional written authorization from the City. Notwithstanding any provision of Consultant's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Consultant shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant's bills shall be segregated by project i task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant's bills shall include a brief description of the services performed,the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Consultant's personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Consultant's prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker. 6. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10)days prior written notice. Upon receipt of such notice,the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement, b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. Page 2 DocuSign Envelope ID:8CADF194-F80A-4E45-9189-03501A615813 7. Plans, Studies, Documents. a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant orto any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public's rights to documents under the Public Records Act, and any third- party requests of Consultant shall be immediately referred to City, without any other actions by Consultant. b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents &Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. C. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents&Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper,television or radio production or other similar medium without the prior written consent of City. $. Consultant's Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. Page 3 DocuSign Envelope ID:8CADF194-F80A-4E45-9189-03501A615813 b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon,the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest. 9. Independent Contractor. a. Consultant is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Consultant as provided in the Agreement, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS)to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 11. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered Page 4 DocuSign Envelope ID:8CADF194-F80A-4E45-9189-03501A615813 by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 12, Professional Abilb ity of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. 13. Compliance with Laws. a. Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Consultant and/or its employees, officers, or board members. b. Consultant represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license. 14. Licenses, Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license. 15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of Page 5 DocuSign Envelope ID:8CADF194-F80A-4E45-9189-03501A615813 law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2)the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 16. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain,for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of Califomia. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers'Compensation policies must be received by the City at least thirty(30)days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability, No endorsement may be attached limiting the coverage. Page 6 DocuSign Envelope ID:8CADF194-F80A-4E45-9189-03501A615813 iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars($1,000,000)combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant's profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Sest's rating of no less than A:VII and shall be endorsed with the following specific language: i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. Page 7 DocuSign Envelope ID:8 CAD F 1 94-F80A-4E45-91 89-0350 1 A61581 3 C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 17. Notices.. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: OPATS Consulting Service Attn: Scott Bui 28078 Baxter Road, Ste. 320 Murrieta, CA 92563 18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 20, Litigation Expenses and_Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys'fees. Page 8 DocuSign Envelope ID:8CADF194-F80A-4E45-9189-03501A615813 21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 22. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 24. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 25. Severability-. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 27, Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to Page 9 DocuSign Envelope ID:8CADF194-F80A-4E45-9189-03501A615813 make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non- monetary changes in the scope of services; and/or(d) suspend or terminate the Agreement. 28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 29. Entire Agreement; Incorporation Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Consultant's Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Consultant's Proposal. 30. Amendments, This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. [Signatures on next page] Page 10 DocuSign Envelope ID:8CADF194-F80A-4E45-9189-03501A615813 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. Click or tap here to enter text. "CITY" "CONSULTANT" CITY OF LAKE ELSINORE, a municipal OPATS Consulting Services, a LLC corporation Gran a es, City Manager By: Scott Bui Its: Director of Sales ATTEST: is y erk'.. APPROVED AS TO FORM: DocuSigned by, � City orney - Ris anaget Attachments: Exhibit A—Consultant's Proposal Exhibit B— List of Subcontractors Page 11 DocuSign Envelope ID:8CADF194-F80A-4E45-9189-03501A615813 EXHIBIT A CONSULTANT'S PROPOSAL [ATTACHED] EXHIBIT A DocuSign Envelope ID:8CADF194-F80A-4E45-9189-03501A615813 IPOPATS CONSULTING SERVICES detailing associated costs,and a projected timeline for beginning services.Any questions or comments related to this medical services proposal should be directed to the following point of contact: Dr.Thuan Le—Principal Dylan Bach, MD—Director Clinical Pathology Amy Wright—Director of Operation Scott Bui—Director of Sales Lyle Wright-Director of IT Operation Christina Claborn—Client Relations Manager OPATS Consultant LLC makes the following guarantees regarding this medical services proposal:will comply with all Federal,State,and Local regulations when providing the listed services.Warrants that the prices outlined in this medical services proposal are considered based on City of Lake Elsinore's needs. Scott Bui is an authorized representative of OPATS Consultant LLC and has been granted full authority to negotiate, represent,and enter into binding agreements on behalf of OPATS Consultant LLC. Relevant Licenses&Qualifications OPATS Consultant LLC is fully licensed and qualified to provide the services listed in this medical services proposal. Relevant licenses and qualifications include: OPATS Consultant LLC hereby guarantees that the above-listed licenses and qualifications will be maintained during the entire period during which medical services are provided to City of Lake Elsinore. Risk Management OPATS Consultant LLC employs a comprehensive risk management program to mitigate potential risk, exposure,or liability wherever possible. A detailed summary of this risk management program is not included in this services proposal but is available by request. Services Offered OPATS Consultant LLC hereby submits the following services for consideration by City of Lake Elsinore. 28079 Baxter Rd.,Ste.320. Murrieta,CA 92S63 951.292.0966 www,onatsconsulling_com DocuSign Envelope ID:8CADF194-F80A-4E45-9189-03501A615813 IVOPATS FP [... ,_ VfrES Medical Services Pricing The table below details the actual prices that will be charged to City of Lake Elsinore for the medical services listed in this proposal. Phase One: • An onsite assessment of workplace environment and current mitigation strategies • Employee assessment and testing to determine current threat of COVID-19 outbreak in your organization. • Comprehensive Executive package within 7 Days of onsite assessment. Plan included:Service Description • Individualized Risk Analysis • Risk Stratification Reports • Continuous Surveillance • Education Support • COVID-19 Climate Survey • Workplace risk assessment • Infection Mitigation Policy Analysis • Employee Testing • Employee Risk Stratification • Executive Status Report **Immediate State of the art testing(48 hour turn around Concierge lab collection) **Concierge Outbreak Support **Individualized Outbreak Support **Unlimited Specialist Access Package(upfront)initial cost:$180 per associate x 115=$20,700 ** Subject to the terms and conditions of this Agreement: Package price based on three months add-on service agreement of Phase two.Services and any Add-On Services purchased by Subscriber during the Subscription Term,will automatically renew for additional periods equal to the length of the Subscription Term unless either party provides written notice to the other party at least thirty(30)days prior to the expiration of the Subscription Term. 28078 Baxter Rd.,Ste.320, Murrieta,CA 92563 95L292.0966 www.O tsconsultinn.com DocuSign Envelope ID:8CADF194-F80A-4E45-9189-03501A615813 OPATS Phase Two: • Continuous monitoring and risk stratification for each employee. • Access to COVID-19 specialist to provide individualized support and guidance based on the needs of your organization. • Comprehensive Executive reports to understand the current risk to organization Maintenance monthly contract cost:$26.96 per associate x 115=$3,100 "Based on 115 associates. Client References The following OPATS Consultant LLC clients have given permission to be contacted by City of Lake Elsinore for vetting purposes: City of Lake Elsinore Name/Title: Contact Information: Approval After reviewing the contents of this medical services proposal,City of Lake Elsinore may sign below to Indicate approval of the listed services and costs,and willingness to proceed with a formal medical services agreement. OPATS Consultant LLC Name/Title: Signature/Date: City of Lake Elsinore Name/Title: Signature/Date: 28078 Baxter Rd.,Ste.320, Murrleta,[A 92563 951,292.0966 www.onat scgnAul_tLn&.com DocuSign Envelope ID:8CADF194-F80A-4E45-9189-03501A615813 #0PAT5 City of Lake Elsinore Proposal OPATS Consulting and services are intended to support state, local,territorial and industry partners in identifying the critical infrastructure sectors and the essential workers needed to maintain services and functions depended on daily and that need to be able to operate resiliently during Covid-19 pandemic response. Services included: • OPATS conducts initial and ongoing risk assessment and comprehensive data analysis of every one of your City of Lake Elsinore members and employees(115 associates). • OPATS provides expedited COVID testing for City of Lake Elsinore employees with actionable recommendations. • With each risk stratification,OPATS will give guidance as to which employees should work remotely and those that can safely work on-site. • OPATS will provide a workplace analysis to enhance your current COVID practice to be compliant with CDC,CDPH, Infectious Disease Society,and OSHA guidelines. • OPATS will rapidly address any new or suspicious cases and give an in-depth evaluation and containment action plan. • OPATS comprehensive testing and employee-specific recommendation package will take the guesswork out of employee COVID management and decrease the amount of time employees are out of work. Benefit for City of Lake Elsinore to have OPATS as a third-party COVID Risk Assessor: • Risk behavior and family dynamics-OPATS will be able to ask employee questions about risk behavior and family dynamics that an employer cannot ask. (ADA&EEOC guidelines) • Employee consent-As a third party,OPATS will obtain this information with proper consent from the employee,therefore eliminating risk for City of Lake Elsinore.The key is that OPATS obtain consent from the employee with the information that will be essential for us to make a proper risk analysis but not share the details with the employer(keeping the confidentiality intact to maintain employee's rights but to protect the employer's liability). • Actionable recommendations-The employer gets a simple recommendation as to whether an employee is to return to work or to work remotely based on established guidelines. No confidential information will be shared with the employee,just a simple recommendation of safe to be at work, or not safe to be at work. • Limits on information i;atherins—The Genetic Information Nondiscrimination Act(GINA) prohibits employers from asking employees medical questions about employees and family members.An employer may not ask an employee,for example,who is physically coming into the workplace whether they have family members who have COVID-19 or symptoms associated 28078 Baxter Rd.,Ste.320, Murrieta,CA 92563 951.292,0966 www.pyawonsult Inn.com DocuSign Envelope ID:8 CAD F 1 94-F80A-4E45-91 8 9-03501 A61581 3 OOPATS CO !LING SERVICES with COVID-19.The ADA permits employers to make disability-related inquiries and conduct medical exams if job-relatedand consistent with business necessity. Inquiries and reliable medical exams meet this standard if it is necessary to exclude employees with a medical condition that would pose a direct threat to health or safety. Short-&Long-Term Benefits: Short Term Benefits:"The New Law" The new law turns Newsome's prior Executive Order regarding workers compensation liability for COVID-19 into an actual law that will be in effect through Jan.1,2023.The new law creates potential liability for employers themselves regarding COVID"outbreaks" in the workplace,and employer's responsibilities when such occurs. Normally, in order to receive workers compensation benefits,the burden is on an employee to show that his injury or illness occurred during the "course and scope of employment". However, under the new law, burden of proof is on the employerto show that the employee did not contract COVID-19 at the place of employment. OPATS comprehensive COVID case support and contact tracing will provide supportive documentation that can be submitted on City of Lake Elsinore's behalf in defense of employees contracting COVID at the workplace. Long Term Benefits: New reporting requirements in the law require employers to report any instance of COVID to its claim's adjuster. OPATS will provide comparative data over the course of the contract to provide to your Insurance Actuary to demonstrate beneficial collaboration that mitigates COVID risk pool. Executive Summary This document is a medical services proposal for City of Lake Elsinore,prepared by OPATS Consultant LLC on December 4, 2020.This proposal contains a summary of the services being offered,tables 28078 Baxter Rd.,Ste.320, Murrieta,CA 92563 951.292.0966 www.oi)atsconsulting.com DocuSign Envelope ID:8CADF194-F80A-4E45-9189-03501A615813 EXHIBIT B LIST OF SUBCONTRACTORS [ATTACHE©] EXHIBIT B AC40R"® F77TE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 12/18/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jeff Garcia CyberPolicy Insurance Solutions PHONE g 465-8080 A/C No, o Ext: ( 55) FAX (A/C,No): 5655 Lindero Canyon Rd,Suite 204 ADDRESS: jeff.garcia@coverhound.com Westlake Village,CA 91362 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: AmTrust INSURED INSURER B: OPATS Consultants LLC INSURER C: 28078 Baxter Road,STE 320 INSURER D: CA INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ IVIED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑PRO- ❑ JECT LOC PRODUCTS-COMP/OPAGG $ OTHER: $ AUTOMOBILE LIABILITY (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION �/ H- AND EMPLOYERS'LIABILITY Y/N STATUTE X ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000.00 A OFFICER/MEMBER EXCLUDED? ❑Y N/A TWC3936791 12/19/2020 12/19/2021 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000.00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000.00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION City of Lake Elsinore 130 South Main Street SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Lake Elsinore CA 92530 THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Z I--I U E E ACE Property And Casualty Insurance Company Businessowners Policy Declarations This Policy is issued by the stock insurance company listed above ("Insurer"). AT LEAST ONE OF THE ENDORSEMENTS IS A CLAIMS MADE AND REPORTED COVERAGE SECTION.EXCEPT AS OTHERWISE PROVIDED HEREIN,THIS COVERAGE SECTION COVERS ONLY CLAIMS FIRST MADE AGAINST THE INSURED AND REPORTED TO THE INSURER DURING THE POLICY PERIOD OR THE EXTENDED REPORTING PERIOD.PLEASE READ THIS COVERAGE SECTION CAREFULLY.THE LIMITS OF LIABILITY AVAILABLE TO PAY INSURED DAMAGES SHALL BE REDUCED BY AMOUNTS INCURRED FOR CLAIMS EXPENSES. FURTHER NOTE THAT AMOUNTS INCURRED FOR DAMAGES AND CLAIMS EXPENSES SHALL ALSO BE APPLIED AGAINST THE RETENTION AMOUNT. Policy Number: D95758459 Renewal of: New Named Insured & Principal Address: Policy Period: From 12-19-2020 To 12-19-2021 OPATS Consultants LLC 12:01 AM*Standard Time at your mailing 28078 Baxter Rd STE 320 address shown Murrieta, CA 92563 ADVANCED PREMIUM: $485.00 Admitted Status: Admitted Auditable/Not Auditable: Yes Auditable Period: Annual IN RETURN FOR THE PAYMENT OF THE PREMIUM,AND SUBJECT TO ALL THE TERMS OF THIS POLICY,WE AGREE WITH YOU TO PROVIDE INSURANCE AS STATED IN THIS POLICY Business Description: Healthcare Section 1. PROPERTY Coverage Limit of Insurance Deductible Revised Period Premium of Indemnity Business Income Actual Loss Sustained 72 hours 12 Months Included and Extra Expense Limit of Insurance Described Premises: 28078 Baxter Rd, STE 320, Murrieta, CA 92563 Pre Coverage( Limit Of Deductib Valuation Coinsurance Premium M. s) Insurance le No. BOP-43591 a(04/19) ©2017 Page 1 of 4 Business $5,000 Replacement Cost $27.00 Personal Property $500 Waived Coverage Limit of I Deductible Premium Insurance Equipment Breakdown Included 72 hours/$500 $82 Protection Coverage WIND COVERAGE Windstorm or Hail Deductible Percentage N/A Wind Deductible Dollar Amount $500 Wind Excluded No Wind Premium: Included EARTHQUAKE SPRINKLER LEAKAGE(SUB-LIMIT) LIMITS Aggregate Limit $0 Earthquake Sprinkler Leakage Deductible 5% Earthquake Sprinkler Leakage Time Deductible 72 hours Earthquake Sprinkler Leakage Premium: $ ADDITIONAL COVERAGES (Optional) Total Terrorism(TRIA) Premium: $9 Total Property Premium: $161.00 Section 2. LIABILITY Described Premises: 28078 Baxter Rd, STE 320, Murrieta, CA 92563 Prem. Classification Class Code Rating Basis Premium Premium No. 17Basis Prem/O s PR/CO 1 Consultant-Health Care 65171 Payroll 31,547 $20 0 LIMITS Other than Products/Completed Operations Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Liability and Medical Expenses $1,000,000 Per Occurrence Damage to Premises Rented to You $1,000,000 Any One Premises Medical Expense $5,000 Per Person Combined Total Aggregate $2,000,000 All Locations Combined Property Damage Deductible $500 Item C. OPTIONAL COVERAGES (LIABILITY) BOP-43591 a(04/19) ©2017 Page 2 of 4 PRIVACY LIABILITY LIMITS Privacy Liability Each Claim Limit $25,000 Privacy Liability Aggregate $25,000 Maximum Policy Aggregate Limit of Liability $25,000 Retention $1,000 Retroactive Date: 12-19-2020 Total Privacy Liability Premium: $105 Total Terrorism(TRIA) Premium: $9 Total General Liability Premium: $315 Total Policy Premium: $485.00 Item E. COVERAGE FORMS Form Number Edition Title BOP43591e 0419 BUSINESSOWNERS POLICY DECLARATIONS CC1 K11 H 0314 SIGNATURES BP0003 0713 BUSINESSOWNERS COVERAGE FORM BOP43603 0814 EXCLUSION-GENETICALLY MODIFIED ORGANISMS BOP43614 0814 ADDITIONAL NAMED INSURED ENDORSEMENT BOP43830 0614 LEAD EXCLUSION BOP43862 0914 POLLUTION, ORGANIC PATHOGEN, SILICA,ASBESTOS AND LEAD EXCLUSION WITH HOSTILE FIRE AND HUMAN FOOD PRODUCT EXCEPTIONS BOP45199 0215 PRIVACY LIABILITY INSURANCE ENDORSEMENT BOP51381 1018 OPIOIDS GOODS OR PRODUCTS EXCLUSION-TOTAL BP0439 0702 ABUSE OR MOLESTATION EXCLUSION BP0453 0713 WATER BACK-UP AND SUMP OVERFLOW BP0501 0702 CALCULATION OF PREMIUM BP0515 0115 DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT BP0517 0106 EXCLUSION-SILICA OR SILICA-RELATED DUST BP0598 0713 AMENDMENT OF INSURED CONTRACT DEFINITION BP0704 0106 BUSINESS LIABILITY COVERAGE-PROPERTY DAMAGE LIABILITY DEDUCTIBLE(PER OCCURRENCE BASIS) BP1407 0110 BUSINESS INCOME AND EXTRA EXPENSE-REVISED PERIOD OF INDEMNITY BP1486 0713 COMMUNICABLE DISEASE EXCLUSION BP1506 0514 EXCLUSION -ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION (PERSONAL AND ADVERTISING INJURY ONLY) BOP-43591 a(04/19) ©2017 Page 3 of 4 BOP48130 1016 BUSINESSOWNERS LIABILITY ENHANCEMENTS ENDORSEMENT FOR HEALTHCARE BOP47638a 0119 CUSTOMER'S GOODS ENHANCEMENT BOP47782 0416 EARTHQUAKE SPRINKLER LEAKAGE(SUB-LIMIT) BP0523 0115 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM BOP48573 0117 LEAD EXCLUSION BOP47643 0316 EMPLOYMENT-RELATED PRACTICES EXCLUSION BOP48528 1016 ASBESTOS, SILICA OR SIMILAR COMPOUNDS, INCLUDING MIXED DUST EXCLUSION BOP49665 0817 COMMUNICABLE OR INFECTIOUS DISEASES EXCLUSION-TOTAL ALL20887 1006 ACE PRODUCER COMPENSATION PRACTICES AND POLICIES ILP001 0104 U.S.TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL("OFAC")ADVISORY NOTICE TO POLICYHOLDERS ALL424906 0716 U.S. FOREIGN ACCOUNT TAX COMPLIANCE ACT("FATCA") ALL21101 1106 TRADE OR ECONOMIC SANCTIONS ENDORSEMENT BOP49269 0517 PERIOD OF RESTORATION DEFINITION—WAITING PERIOD AMENDED BOP48131 1016 BUSINESSOWNERS PROPERTY ENHANCEMENTS FOR HEALTHCARE BOP50397 0518 MARIJUANA EXCLUSION BPO155 0517 CALIFORNIA CHANGES BP0686 0517 CALIFORNIA-HIRED AUTO AND NON-OWNED AUTO LIABILITY Item F. Notice under this Policy shall be given to: Chubb North America Claims P.O. Box 5122 Scranton, PA 18505-0554 Toll Free: 844-539-3801 ACECRS-CLAIMS@chubb.com Item G. Producer Name and Mailing Address CYBERPOLICY INSURANCE SOLUTIONS 5655 LINDERO CANYONRD420 WESTLAKE VILLAGE, CA 91362-4046 Item H. Producer Code: Z08497 IN WITNESS WHEREOF, the Insurer has caused this Policy to be signed by its President and Secretary, and countersigned by a duly authorized representative of the Insurer. DATE: 12-18-2020 Authorized Representative BOP-43591 a(04/19) ©2017 Page 4 of 4 SIGNATURES Named Insured Endorsement Number OPATS CONSULTANTS LLC CC K11 H0314 Policy Symbol Policy Number Policy Period Effective Date of Endorsement HLT D95758459 12-19-2020 TO12-19-2021 12-19-2020 Issued By(Name of Insurance Company) ACE PROPERTY AND CASUALTY INSURANCE COMPANY Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy THE ONLY SIGNATURES APPLICABLE TO THIS POLICY ARE THOSE REPRESENTING THE COMPANY NAMED ON THE FIRST PAGE OF THE DECLARATIONS. By signing and delivering the policy to you, we state that it is a valid contract. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA (A stock company) BANKERS STANDARD FIRE AND MARINE COMPANY(A stock company) BANKERS STANDARD INSURANCE COMPANY(A stock company) ACE AMERICAN INSURANCE COMPANY(A stock company) ACE PROPERTY AND CASUALTY INSURANCE COMPANY (A stock company) INSURANCE COMPANY OF NORTH AMERICA(A stock company) PACIFIC EMPLOYERS INSURANCE COMPANY (A stock company) ACE FIRE UNDERWRITERS INSURANCE COMPANY (A stock company) WESTCHESTER FIRE INSURANCE COMPANY (A stock company) 436 Walnut Street, P.O. Box 1000, Philadelphia, Pennsylvania 19106-3703 Atf� p< C — REBECCA L,COLLINS,Secretary JOHN J. LUPICA, President Authorized Representative CC-1 K11 h(03/14) BUSINESSOWNERS BP 00 03 0713 BUSINESSOWNERS COVERAGE FORM Various provisions in this policy restrict coverage. (5) Personal property owned by you that is Read the entire policy carefully to determine rights, used to maintain or service the buildings duties and what is and is not covered. or structures or the premises, including: Throughout this Coverage Form, the words "you" and (a) Fire extinguishing equipment; "your refer to the Named Insured shown in the (b) Outdoor furniture; Declarations. The words "we", "us" and "our" refer to the company providing this insurance. (c) Floor coverings; and In Section II —Liability, the word "insured" means any (d) Appliances used for refrigerating, person or organization qualifying as such under ventilating, cooking, dishwashing or Paragraph C.Who Is An Insured. laundering; Other words and phrases that appear in quotation (6) If not covered by other insurance: marks have special meaning. Refer to Paragraph H. (a) Additions under construction, Property Definitions in Section I — Property and alterations and repairs to the Paragraph F. Liability And Medical Expenses buildings or structures; Definitions in Section II—Liability. (b) Materials, equipment, supplies and SECTION I—PROPERTY temporary structures, on or within A. Coverage 100 feet of the described premises, We will a for direct physical loss of or damage to used for making additions, pay P Y 9 alterations or repairs to the buildings Covered Property at the premises described in the or structures. Declarations caused by or resulting from any Covered Cause of Loss. b. Business Personal Property located in or on . Covered Property the buildings or structures at the described 1 p Y premises or in the open (or in a vehicle) Covered Property includes Buildings as within 100 feet of the buildings or structures described under Paragraph a. below, Business or within 100 feet of the premises described Personal Property as described under in the Declarations, whichever distance is Paragraph b. below, or both, depending on greater, including: whether a Limit Of Insurance is shown in the (1) Property you own that is used in your Declarations for that type of property. business; Regardless of whether coverage is shown in the Declarations for Buildings, Business (2) Property of others that is in your care, Personal Property, or both, there is no custody or control, except as otherwise coverage for property described under provided in Loss Payment Property Loss Paragraph 2. Property Not Covered. Condition Paragraph E.5.d.(3)(b); a. Buildings, meaning the buildings and (3) Tenant's improvements and structures at the premises described in the betterments. Improvements and Declarations, including: betterments are fixtures, alterations, installations or additions: (1) Completed additions; (a) Made a part of the building or (2) Fixtures, including outdoor fixtures; structure you occupy but do not own; (3) Permanently installed: and (a) Machinery; and (b) You acquired or made at your (b) Equipment; expense but cannot legally remove; (4) Your personal property in apartments, (4) Leased personal property which you rooms or common areas furnished by have a contractual responsibility to you as landlord; insure, unless otherwise provided for under Paragraph 1.b.(2); and BP 00 03 0713 ©Insurance Services Office, Inc., 2012 Page 1 of 53 (5) Exterior building glass, if you are a L "Electronic data", except as provided under tenant and no Limit Of Insurance is Additional Coverages — Electronic Data. shown in the Declarations for Building This Paragraph i. does not apply to your property. The glass must be owned by "stock" of prepackaged software or to you or in your care, custody or control. "electronic data" which is integrated in and 2. Property Not Covered operates or controls the building's elevator, lighting, heating, ventilation, air conditioning Covered Property does not include: or security system; or a. Aircraft, automobiles, motortrucks and other j. Animals, unless owned by others and vehicles subject to motor vehicle boarded by you, or if owned by you, only as registration; "stock"while inside of buildings. b. "Money" or "securities" except as provided 3. Covered Causes Of Loss in the: Direct physical loss unless the loss is excluded (1) Money And Securities Optional or limited under Section I—Property. Coverage; or 4. Limitations (2) Employee Dishonesty Optional a. We will not a for loss of or damage to: Coverage; pay 9 c. Contraband, or property in the course of (1) Steam boilers, steam pipes, steam illegal transportation or trade; engines or steam turbines caused by or resulting from any condition or event d. Land (including land on which the property inside such equipment. But we will pay is located), water, growing crops or lawns for loss of or damage to such equipment (other than lawns which are part of a caused by or resulting from an explosion vegetated roof); of gases or fuel within the furnace of any e. Outdoor fences, radio or television fired vessel or within the flues or antennas (including satellite dishes) and passages through which the gases of their lead-in wiring, masts or towers, signs combustion pass. (other than signs attached to buildings), (2) Hot water boilers or other water heating trees, shrubs or plants (other than trees, s equipment caused by or resulting from shrubs or plants which are part of a any condition or event inside such vegetated roof), all except as provided in boilers or equipment, other than an the: explosion. (1) Outdoor Property Coverage Extension; (3) Property that is missing, where the only or evidence of the loss or damage is a (2) Outdoor Signs Optional Coverage; shortage disclosed on taking inventory, f. Watercraft (including motors, equipment or other instances where there is no and accessories)while afloat; physical evidence to show what happened to the property. This limitation g. Accounts, bills, food stamps, other does not apply to the Optional Coverage evidences of debt, accounts receivable or for Money and Securities. "valuable papers and records"; except as (4) Property that has been transferred to a otherwise provided in this policy; person or to a place outside the h. "Computer(s)" which are permanently described premises on the basis of installed or designed to be permanently unauthorized instructions. installed in any aircraft, watercraft, (5) The interior of any building or structure, motortruck or other vehicle subject to motor or to personal property in the building or vehicle registration. This paragraph does structure, caused by or resulting from not apply to computer(s) while held as rain, snow, sleet, ice, sand or dust, "stock"; whether driven by wind or not, unless: (a) The building or structure first sustains damage by a Covered Cause of Loss to its roof or walls through which the rain, snow, sleet, ice, sand or dust enters; or Page 2 of 53 ©Insurance Services Office, Inc., 2012 BP 00 03 07 13 (b) The loss or damage is caused by or 5. Additional Coverages results from thawing of snow, sleet a. Debris Removal or ice on the building or structure. (1) Subject to Paragraphs (2), (3) and (4), (6) Lawns, trees, shrubs or plants which are we will pay your expense to remove part of a vegetated roof, caused by or debris of Covered Property and other resulting from: debris that is on the described premises, (a) Dampness or dryness of atmosphere when such debris is caused by or or of soil supporting the vegetation; results from a Covered Cause of Loss (b) Changes in or extremes of that occurs during the policy period. The temperature; expenses will be paid only if they are reported to us in writing within 180 days (c) Disease; of the date of direct physical loss or (d) Frost or hail; or damage. (e) Rain, snow, ice or sleet. (2) Debris Removal does not apply to costs b. We will not pay for loss of or damage to the to: following types of property unless caused (a) Remove debris of property of yours by the"specified causes of loss" or building that is not insured under this policy, glass breakage: or property in your possession that is (1) Animals, and then only if they are killed not Covered Property; or their destruction is made necessary. (b) Remove debris of property owned by (2) Fragile articles such as glassware, or leased to the landlord of the statuary, rnarble, chinaware and building where your described porcelain, if broken. This restriction does premises are located, unless you not apply to: have a contractual responsibility to insure such property and it is insured (a) Glass that is part of the exterior or under this policy; interior of a building or structure; (c) Remove any property that is (b) Containers of property held for sale; Property Not Covered, including or property addressed under the (c) Photographic or scientific instrument Outdoor Property Coverage lenses. Extension; c. For loss or damage by theft, the following (d) Remove property of others of a type types of property are covered only up to the that would not be Covered Property limits shown (unless a higher Limit Of under this policy; Insurance is shown in the Declarations): (e) Remove deposits of mud or earth (1) $2,500 for furs, fur garments and from the grounds of the described garments trimmed with fur. premises; (2) $2,500 for jewelry, watches, watch (f) Extract "pollutants" from land or movements, jewels, pearls, precious water; or and semiprecious stones, bullion, gold, (g) Remove, restore or replace polluted silver, platinum and other precious land or water. alloys or metals. This limit does not (3) Subject to the exceptions in Paragraph apply to jewelry and watches worth (4),the following provisions apply: $100 or less per item. (3) $2,500 for patterns, dies, molds and (a) The most that we will pay for the forms. total of direct physical loss or damage plus debris removal expense is the Limit of Insurance applicable to the Covered Property that has sustained loss or damage. BP 00 03 0713 ©Insurance Services Office, Inc., 2012 Page 3 of 63 (b) Subject to Paragraph (3)(a) above, The debris removal expense is less than the amount we will pay for debris 25% of the sum of the loss payable plus removal expense is limited to 25% of the deductible. The sum of the loss the sum of the deductible plus the payable and the debris removal expense amount that we pay for direct ($49,500 + $10,000 = $59,500) is less physical loss or damage to the than the Limit of Insurance. Therefore, Covered Property that has sustained the full amount of debris removal loss or damage. However, if no expense is payable in accordance with Covered Property has sustained the terms of Paragraph (3). direct physical loss or damage, the Example 2 most we will pay for removal of Limit of Insurance $ 90,000 debris of other property (if such removal is covered under this Amount of Deductible $ 500 Additional Coverage) is $5,000 at Amount of Loss $ 80,000 each location. Amount of Loss Payable $ 79,500 (4) We will pay up to an additional $25,000 ($80,000—$500) for debris removal expense, for each p Debris Removal Expense $ 40,000 location, in any one occurrence of physical loss or damage to Covered Debris Removal Expense Property, if one or both of the following Payable circumstances apply: Basic Amount $ 10,500 (a) The total of the actual debris removal Additional Amount $ 25,000 expense plus the amount we pay for direct physical loss or damage The basic amount payable for debris exceeds the Limit of Insurance on removal expense under the terms of the Covered Property that has Paragraph (3) is calculated as follows: sustained loss or damage. $80,000 ($79,500 + $500) x .25 = (b) The actual debris removal expense $20,000; capped at $10,500. The cap exceeds 25% of the sum of the applies because the sum of the loss deductible plus the amount that we payable ($79,500) and the basic amount pay for direct physical loss or payable for debris removal expense damage to the Covered Property that (S-1 0,500) cannot exceed the Limit of has sustained loss or damage. Insurance($90,000). Therefore, if Paragraphs (4)(a) and/or The additional amount payable for debris removal expense is provided in physical loss or damage and debris apply, our total payment for direct accordance with the terms of Paragraph physi (4), because the debris removal removal expense may reach but will expense ($40,000) exceeds 25% of the never exceed the Limit of Insurance on deductible us the de payable p plus d the Covered Property that has sustained loss loss is 50 l of $80,000), and loss or damage, plus$25,000. because the sum of the loss payable (5) Examples and debris removal expense ($79,500 + Example 1 L�mii00of Insurance would exceed edThe Limit of Insurance $ 90,000 additional amount of covered debris Amount of Deductible $ 500 removal expense is $25,000, the Amount of Loss $ 50,000 maximum payable under Paragraph (4). Amount of Loss Payable $ 49,500 Thus, the total payable for debris ($50,000—$500) removal expense in this example is $35,500; $4,500 of the debris removal Debris Removal Expense $ 10,000 expense is not covered. Debris Removal Expense Payable $ 10,000 ($10,000 is 20% of$50,000) Page 4 of 53 0 Insurance Services Office, Inc., 2012 BP 00 03 07 13 b. Preservation Of Property (b) Insect or vermin damage that is If it is necessary to move Covered Property hidden from view, unless the from the described premises to preserve it presence of such damage is known from loss or damage by a Covered Cause to an insured prior to collapse; of Loss, we will pay for any direct physical (c) Use of defective material or methods loss of or damage to that property: in construction, remodeling or (1) While it is being moved or while renovation if the abrupt collapse temporarily stored at another location; occurs during the course of the and construction, remodeling or renovation. (2) Only if the loss or damage occurs within (d) Use of defective material or methods 30 days after the property is first moved in construction, remodeling or c. Fire Department Service Charge renovation if the abrupt collapse When the fire department is called to save occurs after the construction, or protect Covered Property from a remodeling or renovation is Covered Cause of Loss, we will pay up to complete, but only if the collapse is $2,500 for service at each premises caused in part by: described in the Declarations, unless a (i) A cause of loss listed in different limit is shown in the Declarations. Paragraph(2)(a)or(2)(b); Such limit is the most we will pay (ii) One or more of the "specified regardless of the number of responding fire causes of loss"; departments or fire units, and regardless of the number or type of services performed. (iii) Breakage of building glass; This Additional Coverage applies to your (iv) Weight of people or personal liability for fire department service charges: property; or (1) Assumed by contract or agreement prior (v) Weight of rain that collects on a to loss; or roof. (2) Required by local ordinance. (3) This Additional Coverage — Collapse d. Collapse does not apply to: The coverage provided under this (a) A building or any part of a building Additional Coverage — Collapse applies that is in danger of falling down or only to an abrupt collapse as described and caving in; limited in Paragraphs d.(1)through d.(7). (b) A part of a building that is standing, (1) For the purpose of this Additional even if it has separated from another Coverage — Collapse, abrupt collapse part of the building; or means an abrupt falling down or caving (c) A building that is standing or any part in of a building or any part of a building of a building that is standing, even if with the result that the building or part of it shows evidence of cracking, the building cannot be occupied for its bulging, sagging, bending, leaning, intended purpose. settling, shrinkage or expansion. (2) We will pay for direct physical loss or (4) With respect to the following property: damage to Covered Property, caused by (a) Awnings; abrupt collapse of a building or any part of a building that is insured under this (b) Gutters and downspouts; policy or that contains Covered Property (c) Yard fixtures; insured under this policy, if such (d) Outdoor swimming pools; collapse is caused by one or more of the following: (e) Piers, wharves and docks; (a) Building decay that is hidden from (f) Beach or diving platforms or view, unless the presence of such appurtenances; decay is known to an insured prior to (g) Retaining walls; and collapse; (h) Walks, roadways and other paved surfaces; BP 00 03 07 13 ©Insurance Services Office, Inc., 2012 Page 5 of 53 if an abrupt collapse is caused by a We will riot pay the cost to repair any defect cause of loss listed in Paragraphs (2)(a) that caused the loss or damage, but we will through (2)(d), we will pay for loss or pay the cost to repair or replace damaged damage to that property only if such loss parts of fire extinguishing equipment if the or damage is a direct result of the abrupt damage: collapse of a building insured under this (1) Results in discharge of any substance policy and the property is Covered Property under this policy. from an automatic fire protection system; or (5) If personal property abruptly falls down (2) Is directly caused by freezing. or caves in and such collapse is not the result of abrupt collapse of a building, f. Business Income we will pay for loss or damage to (1) Business Income Covered Property caused by such (a) We will pay for the actual loss of collapse of personal property only if: Business Income you sustain due to (a) The collapse of personal property the necessary suspension of your was caused by a cause of loss listed "operations" during the "period of in Paragraphs (2)(a) through (2)(d) restoration". The suspension must of this Additional Coverage; be caused by direct physical loss of (b) The personal property which or damage to property at the collapses is inside a building; and described premises. The loss or (c) The property which collapses is not damage must be caused by or resultfrom a Covered Cause of Loss. With of a kind listed in Paragraph (4), respect to loss of or damage to regardless of whether that kind of personal property in the open or property is considered to be personal personal property in a vehicle, the property or real property. described premises include the area The coverage stated in this Paragraph within 100 feet of such premises. (5)does not apply to personal property if With respect to the requirements set marring and/or scratching is the only forth in the preceding paragraph, if damage to that personal property you occupy only part of a building, caused by the collapse. your premises mean: (6) This Additional Coverage — Collapse (i) The portion of the building which does not apply to personal property that you rent, lease or occupy; has not abruptly fallen down or caved in, even if the personal property shows (ii) The area within 100 feet of the evidence of cracking, bulging, sagging, building or within 100 feet of the bending, leaning, settling, shrinkage or premises described in the expansion. Declarations, whichever distance (7) This Additional Coverage—Collapse will is greater (with respect to loss of not increase the Limits of Insurance or damage to personal property provided in this policy. in the open or personal property in a vehicle); and (8) The term Covered Cause of Loss includes the Additional Coverage — (iii) Any area within the building or at Collapse as described and limited in the described premises, if that area services, or is used to gain Paragraphs d.(1)through d.(7). access to, the portion of the e. Water Damage, Other Liquids, Powder building which you rent, lease or Or Molten Material Damage occupy. If loss or damage caused by or resulting from covered water or other liquid, powder or molten material occurs, we will also pay the cost to tear out and replace any part of the building or structure to repair damage to the system or appliance from which the water or other substance escapes. Page 6 of 53 © Insurance Services Office, Inc., 2012 BP 00 03 0713 (b) We will only pay for loss of Business (2) Extended Business Income Income that you sustain during the (a) If the necessary suspension of your "period of restoration" and that "operations" produces a Business Occurs within 12 consecutive months Income loss payable under this after the date of direct physical loss policy, we will pay for the actual loss or damage. We will only pay for of Business Income you incur during ordinary payroll expenses for 60 the period that: days following the date of direct physical loss or damage, unless a (i) Begins on the date property greater number of days is shown in except finished stock is actually repaired, rebuilt or replaced and the Declarations. "operations"are resumed; and (c) Business Income means the: (ii) Ends on the earlier of: (i) Net Income (Net Profit or Loss before income taxes) that would i. The date you could restore have been earned or incurred if your "operations", with no physical loss or damage had reasonable speed, to the level which would generate the occurred, but not including any Net Income that would likely have Business Income amount that been earned as a result of an would have existed if no direct increase in the volume of physical loss or damage had business due to favorable occurred; or business conditions caused by ii. 60 consecutive days after the the impact of the Covered Cause date determined in Paragraph of Loss on customers or on other (a)(i) above, unless a greater businesses; and number of consecutive days is (ii) Continuing normal operating shown in the Declarations. expenses incurred, including However, Extended Business payroll. Income does not apply to loss of (d) Ordinary payroll expenses: Business Income incurred as a result of unfavorable business conditions (i) Means payroll expenses for all caused by the impact of the Covered your employees except: Cause of Loss in the area where the i. Officers; described premises are located. ii. Executives; (b) Loss of Business Income must be ill. Department Managers; caused by direct physical loss or damage at the described premises iv. Employees under contract; caused by or resulting from any and Covered Cause of Loss. v. Additional Exemptions shown (3) With respect to the coverage provided in in the Declarations as: this Additional Coverage, suspension • Job Classifications; or means: • Employees. (a) The partial slowdown or complete (ii) Include: cessation of your business activities; or I. Payroll; (b) That a part or all of the described ii. Employee benefits, if directly premises is rendered untenantable, if related to payroll; coverage for Business Income ill. FICA payments you pay; applies. iv. Union dues you pay; and (4) This Additional Coverage is not subject v. Workers' compensation to the Limits of Insurance of Section I — Property. roperty. BP 00 03 07 13 © Insurance Services Office, Inc., 2012 Page 7 of 53 g. Extra Expense (c) To: (1) We will pay necessary Extra Expense (1) Repair or replace any property; or you incur during the "period of (ii) Research, replace or restore the restoration that you would not have lost information on damaged incurred if there had been no direct "valuable papers and records' physical loss or damage to property at the described premises. The loss or to the extent it reduces the amount damage must be caused by or result of loss that otherwise would have from a Covered Cause of Loss. With been payable under this Additional respect to loss of or damage to personal Coverage or Additional Coverage f. property in the open or personal Business Income. property in a vehicle, the described (3) With respect to the coverage provided in premises include the area within 100 this Additional Coverage, suspension feet of such premises. means: With respect to the requirements set (a) The partial slowdown or complete forth in the preceding paragraph, if you cessation of your business activities; occupy only part of a building, your or premises mean: (b) That a part or all of the described (a) The portion of the building which you premises is rendered untenantable, if rent, lease or occupy; coverage for Business Income (b) The area within 100 feet of the applies. building or within 100 feet of the (4) We will only pay for Extra Expense that premises described in the occurs within 12 consecutive months Declarations, whichever distance is after the date of direct physical loss or greater (with respect to loss of or damage. This Additional Coverage is damage to personal property in the not subject to the Limits of Insurance of open or personal property in a Section I—Property. vehicle); and h. Pollutant Clean-up And Removal (c) Any area within the building or at the We will pay your expense to extract described premises, if that area "pollutants" from land or water at the services, or is used to gain access described premises if the discharge, to, the portion of the building which dispersal, seepage, migration, release or you rent, lease or occupy. escape of the "pollutants" p pollutants is caused by or (2) Extra Expense means expense results from a Covered Cause of Loss that incurred: occurs during the policy period. The (a) To avoid or minimize the suspension expenses will be paid only if they are of business and to continue reported to us in writing within 180 days of "operations": the date on which the Covered Cause of (i) At the described premises; or Loss occurs. ii At replacement This Additional Coverage does not apply to ( ') p premises u at costs to test for, monitor or assess the temporary locations, including existence, concentration or effects of relocation expenses, and costs to "pollutants". But we will pay for testing equip and operate the which is performed in the course of replacement or temporary extracting the "pollutants" from the land or locations. water. (b) To minimize the suspension of The most we will pay for each location business if you cannot continue under this Additional Coverage is $10,000 "operations". for the sum of all such expenses arising out of Covered Causes of Loss occurring during each separate 12-month period of this policy. Page 8 of 53 © Insurance Services Office, Inc., 2012 BP 00 03 0713 I. Civil Authority j. Money Orders And "Counterfeit Money" When a Covered Cause of Loss causes We will pay for loss resulting directly from damage to property other than property at your having accepted in good faith, in the described premises, we will pay for the exchange for merchandise, "money" or actual loss of Business Income you sustain services: and necessary Extra Expense caused by (1) Money orders issued by any post office, action of civil authority that prohibits access express company or bank that are not to the described premises, provided that paid upon presentation; or both of the following apply: (2) "Counterfeit money" that is acquired (1) Access to the area immediately during the regular course of business. surrounding the damaged property is prohibited by civil authority as a result of The most we will pay for any loss under this the damage, and the described Additional Coverage is$1,000. premises are within that area but are not k. Forgery Or Alteration more than one mile from the damaged (1) We will pay for loss resulting directly property; and from forgery or alteration of any check, (2) The action of civil authority is taken in draft, promissory note, bill of exchange response to dangerous physical or similar written promise of payment in conditions resulting from the damage or "money" that you or your agent has continuation of the Covered Cause of issued, or that was issued by someone Loss that caused the damage, or the who impersonates you or your agent. action is taken to enable a civil authority (2) If you are sued for refusing to pay the to have unimpeded access to the check, draft, promissory note, bill of damaged property. exchange or similar written promise of Civil Authority Coverage for Business payment in money', on the basis that it Income will begin 72 hours after the time of has been forged or altered, and you the first action of civil authority that prohibits have our written consent to defend access to the described premises and will against the suit, we will pay for any apply for a period of up to four consecutive reasonable legal expenses that you weeks from the date on which such incur in that defense. coverage began. (3) For the purpose of this coverage, check Civil Authority Coverage for necessary includes a substitute check as defined in Extra Expense will begin immediately after the Check Clearing for the 21st Century the time of the first action of civil authority Act and will be treated the same as the that prohibits access to the described original it replaced. premises and will end: (4) The most we will pay for any loss, (1) Four consecutive weeks after the date including legal expenses, under this of that action; or Additional Coverage is $2,500, unless a (2) When your Civil Authority Coverage for higher Limit Of Insurance is shown in Business Income ends; the Declarations. whichever is later. I. Increased Cost Of Construction The definitions of Business Income and (1) This Additional Coverage applies only to Extra Expense contained in the Business buildings insured on a replacement cost Income and Extra Expense Additional basis. Coverages also apply to this Civil Authority (2) In the event of damage by a Covered Additional Coverage. The Civil Authority Cause of Loss to a building that is Additional Coverage is not subject to the Covered Property, we will pay the Limits of Insurance of Section I—Property. increased costs incurred to comply with the minimum standards of an ordinance or law in the course of repair, rebuilding or replacement of damaged parts of that property, subject to the limitations stated in Paragraphs (3) through (9) of this Additional Coverage. BP 00 03 0713 ©Insurance Services Office, Inc., 2012 Page 9 of 53 (3) The ordinance or law referred to in (7) With respect to this Additional Paragraph (2) of this Additional Coverage: Coverage is an ordinance or law that (a) We will not pay for the Increased regulates the construction or repair of Cost of Construction: buildings or establishes zoning or land use requirements at the described (I) Until the property is actually premises and is in force at the time of repaired or replaced, at the same loss. or another premises; and (4) Under this Additional Coverage, we will (ii) Unless the repair or replacement not pay any costs due to an ordinance is made as soon as reasonably or law that: possible after the loss or (a) You were required to comply with damage, not to exceed twoyears. We may extend this period before the loss, even when the building was undamaged; and in writing during the two years. (b) If the building is repaired or replaced (b) You failed to comply with. at the same premises, or if you elect (5) Under this Additional Coverage, we will to rebuild at another premises, the not pay for: most we will pay for the Increased (a) The enforcement of or compliance Cost of Construction is the increased with any ordinance or law which cost of construction at the same requires demolition, repair, premises. replacement, reconstruction, (c) If the ordinance or law requires remodeling or remediation of relocation to another premises, the property due to contamination by most we will pay for the Increased "pollutants" or due to the presence, Cost of Construction is the increased growth, proliferation, spread or any cost of construction at the new activity of "fungi", wet rot or dry rot; premises. or (8) This Additional Coverage is not subject (b) Any costs associated with the to the terms of the Ordinance Or Law enforcement of or compliance with Exclusion, to the extent that such an ordinance or law which requires exclusion would conflict with the any insured or others to test for, provisions of this Additional Coverage. monitor, clean up, remove, contain, (g) The costs addressed in the Loss treat, detoxify or neutralize, or in any Payment Property Loss Condition in way respond to, or assess the Section I — Property do not include the effects of"pollutants", 'fungi", wet rot increased cost attributable to or dry rot. enforcement of or compliance with an (6) The most we will pay under this ordinance or law. The amount payable Additional Coverage, for each described under this Additional Coverage, as building insured under Section I — stated in Paragraph (6)of this Additional Property, is $10,000. If a damaged Coverage, is not subject to such building(s) is covered under a blanket limitation. Limit of Insurance which applies to more m. Business Income From Dependent than one building or item of property, Properties then the most we will pay under this Additional Coverage, for each damaged (1) We will pay for the actual loss of building, is$10,000. Business Income you sustain due to The amount payable under this physical loss or damage at the premises Additional Coverage is additional of a dependent property or secondary dependent property caused by or insurance. resulting from any Covered Cause of Loss. Page 10 of 53 © Insurance Services Office, Inc., 2012 BP 00 03 07 13 However, this Additional Coverage does (b) Accepts materials or services from a not apply when the only loss at the dependent property, which in turn premises of a dependent property or accepts your materials or services. secondary dependent property is loss or A road, bridge, tunnel, waterway, damage to "electronic data", including airfield, pipeline or any other similar area destruction or corruption of "electronic or structure is not a secondary data". If the dependent property or dependent property. secondary dependent property sustains loss or damage to 'electronic data and Any property which delivers any of the other property, coverage under this following services is not a secondary Additional Coverage will not continue dependent property with respect to such once the other property is repaired, services: rebuilt or replaced. (i) Water supply services; The most we will pay under this (ii) Wastewater removal services; Additional Coverage is $5,000 unless a (iii) Communication supply services; higher Limit Of Insurance is indicated in or the Declarations. (2) We will reduce the amount of your (iv) Power supply services. Business Income loss, other than Extra The secondary dependent property must Expense, to the extent you can resume be located in the coverage territory of "operations", in whole or in part, by this policy. using any other available: (6) The coverage period for Business (a) Source of materials; or Income under this Additional Coverage: (b) Outlet for your products. (a) Begins 72 hours after the time of (3) If you do not resume 'operations", or do direct physical loss or damage not resume 'operations" as quickly as caused by or resulting from any possible, we will pay based on the Covered Cause of Loss at the length of time it would have taken to premises of the dependent property resume 'operations" as quickly as or secondary dependent property; and possible. ( (b) Ends on the date when the property 4) Dependent property means property owned by others whom you depend on at the premises of the dependent to: property or secondary dependent property should be repaired, rebuilt (a) Deliver materials or services to you, or replaced with reasonable speed or to others for your account. But and similar quality. services does not mean water supply (7) The Business Income coverage period, services, wastewater removal as stated in Paragraph (6), does not services, communication supply include any increased period required services or power supply services; due to the enforcement of or compliance (b) Accept your products or services; with any ordinance or law that: (c) Manufacture your products for (a) Regulates the construction, use or delivery to your customers under repair, or requires the tearing down contract for sale; or of any property; or (d) Attract customers to your business. (b) Requires any insured or others to The dependent property must be located test for, monitor, clean up, remove, in the coverage territory of this policy. contain, treat, detoxify or neutralize, 5 Secondary dependent property means or in any way respond to, or assess O ry p F Y the effects of"pollutants". an entity which is not owned or operated by a dependent property and which; The expiration date of this policy will not (a) Delivers materials or services to a reduce the Business Income coverage er od dependent property, which in turn p are used by the dependent property in providing materials or services to you; or BP 00 03 0713 ©Insurance Services Office, Inc., 2012 Page 11 of 53 (8) The definition of Business Income (2) The Covered Causes of Loss applicable contained in the Business Income to Business Personal Property include a Additional Coverage also applies to this computer virus, harmful code or similar Business Income From Dependent instruction introduced into or enacted on Properties Additional Coverage. a computer system (including "electronic n. Glass Expenses data") or a network to which it is connected, designed to damage or (1) We will pay for expenses incurred to put destroy any part of the system or disrupt up temporary plates or board up its normal operation. But there is no openings if repair or replacement of coverage for loss or damage caused by damaged glass is delayed. or resulting from manipulation of a (2) We will pay for expenses incurred to computer system (including "electronic remove or replace obstructions when data") by any employee, including a repairing or replacing glass that is part temporary or leased employee, or by an of a building. This does not include entity retained by you, or for you, to removing or replacing window displays. inspect, design, install, modify, maintain, o. Fire Extinguisher Systems Recharge repair or replace that system. Expense (3) The most we will pay under this (1) We will pay: Additional Coverage — Electronic Data for all loss or damage sustained in any (a) The cost of recharging or replacing, one policy year, regardless of the whichever is less, your fire number of occurrences of loss or extinguishers and fire extinguishing damage or the number of systems (including hydrostatic locations or computer systems involved, volved, testing if needed) if they are is $10,000, unless a higher Limit Of discharged on or within 100 feet of Insurance is shown in the Declarations. the described premises; and If loss payment on the first occurrence (b) For loss or damage to Covered does not exhaust this amount, then the Property if such loss or damage is balance is available for subsequent loss the result of an accidental discharge or damage sustained in, but not after, of chemicals from a fire extinguisher that policy year. With respect to an or a fire extinguishing system. occurrence which begins in one policy (2) No coverage will apply if the fire year and continues or results in extinguishing system is discharged additional loss or damage in a during installation or testing. subsequent policy year(s), all loss or damage is deemed to be sustained in (3) The most we will pay under this the policy year in which the occurrence Additional Coverage is $5,000 in any began. one occurrence. (4) This Additional Coverage does not apply p. Electronic Data to your"stock"of prepackaged software, (1) Subject to the provisions of this or to "electronic data" which is Additional Coverage, we will pay for the integrated in and operates or controls a cost to replace or restore "electronic building's elevator, lighting, heating, data" which has been destroyed or ventilation, air conditioning or security corrupted by a Covered Cause of Loss. system. To the extent that"electronic data" is not q. Interruption Of Computer Operations replaced or restored, the loss will be (1) Subject to all provisions of this valued at the cost of replacement of the Additional Coverage, you may extend media on which the "electronic data" the insurance that applies to Business was stored, with blank media of Income and Extra Expense to apply to a substantially identical type. suspension of "operations" caused by an interruption in computer operations due to destruction or corruption of "electronic data" due to a Covered Cause of Loss. Page 12 of 53 ©Insurance Services Office, Inc., 2012 BP 00 03 07 13 (2) With respect to the coverage provided (3) The most we will pay under this under this Additional Coverage, the Additional Coverage — Interruption Of Covered Causes of Loss are subject to Computer Operations for all loss the following: sustained and expense incurred in any (a) Coverage under this Additional one policy year, regardless of the Coverage — Interruption Of number of interruptions or the number of Computer Operations is limited to premises, locations or computer the "specified causes of loss" and systems involved, is $10,000 unless a Collapse. higher Limit Of Insurance is shown in the Declarations. If loss payment (b) If the Businessowners Coverage relating to the first interruption does not Form is endorsed to add a Covered exhaust this amount, then the balance is Cause of Loss, the additional available for loss or expense sustained Covered Cause of Loss does not or incurred as a result of subsequent apply to the coverage provided interruptions in that policy year. A under this Additional Coverage. balance remaining at the end of a policy (c) The Covered Causes of Loss include year does not increase the amount of a computer virus, harmful code or insurance in the next policy year. With similar instruction introduced into or respect to any interruption which begins enacted on a computer system in one policy year and continues or (including "electronic data") or a results in additional loss or expense in a network to which it is connected, subsequent policy year(s), all loss and designed to damage or destroy any expense is deemed to be sustained or part of the system or disrupt its incurred in the policy year in which the normal operation. But there is no interruption began. coverage for an interruption related (4) This Additional Coverage — Interruption to manipulation of a computer Of Computer Operations does not apply system (including "electronic data") to loss sustained or expense incurred by any employee, including a after the end of the "period of temporary or leased employee, or by restoration", even if the amount of an entity retained by you, or for you, insurance stated in (3) above has not to inspect, design, install, modify, been exhausted. maintain, repair or replace that (5) Coverage for Business Income does not system. apply when a suspension of"operations" is caused by destruction or corruption of "electronic data", or any loss or damage to "electronic data", except as provided under Paragraphs (1) through (4) of this Additional Coverage. BP 00 03 07 13 ©Insurance Services Office, Inc., 2012 Page 13 of 53 (6) Coverage for Extra Expense does not (3) The coverage described under this apply when action is taken to avoid or Limited Coverage is limited to $15,000. minimize a suspension of "operations" Regardless of the number of claims, this caused by destruction or corruption of limit is the most we will pay for the total "electronic data", or any loss or damage of all loss or damage arising out of all to "electronic data", except as provided occurrences of "specified causes of under Paragraphs (1) through (4) of this loss" (other than fire or lightning) which Additional Coverage. take place in a 12-month period (starting (7) This Additional Coverage does not apply with the beginning of the present annual when loss or damage to "electronic policy period). With respect to a data" involves only "electronic data" particular occurrence of loss which which is integrated in and operates or results in "fungi", wet rot or dry rot, we controls a building's elevator, lighting, will not pay more than the total of heating, ventilation, air conditioning or $15,000 even if the "fungi", wet rot or security system. dry rot continues to be present or active, or recurs, in a later policy period. r. OmDited Coverage For"Fungi",Wet Rot (4) The coverage provided under this Limited Coverage does not increase the (1) The coverage described in Paragraphs applicable Limit of Insurance on any r.(2) and r.(6) only applies when the Covered Property. If a particular "fungi", wet rot or dry rot is the result of occurrence results in loss or damage by a specified cause of loss' other than "fungi", wet rot or dry rot, and other loss fire or lightning that occurs during the or damage, we will not pay more, for the policy period and only if all reasonable total of all loss or damage, than the means were used to save and preserve applicable Limit of Insurance on the the property from further damage at the affected Covered Property. time of and after that occurrence. If there is covered loss or damage to This Additional Coverage does not apply Covered Property, not caused by to lawns, trees, shrubs or plants which "fungi", wet rot or dry rot, loss payment are part of a vegetated roof. will not be limited by the terms of this (2) We will pay for loss or damage by Limited Coverage, except to the extent "fungi", wet rot or dry rot. As used in this that "fungi", wet rot or dry rot causes an Limited Coverage, the term loss or increase in the loss. Any such increase damage means: in the loss will be subject to the terms of (a) Direct physical loss or damage to this Limited Coverage. Covered Property caused by "fungi", (5) The terms of this Limited Coverage do wet rot or dry rot, including the cost not increase or reduce the coverage of removal of the "fungi", wet rot or provided under the Water Damage, dry rot; Other Liquids, Powder Or Molten (b) The cost to tear out and replace any Material Damage or Collapse Additional part of the building or other property Coverages. as needed to gain access to the "fungi", wet rot or dry rot; and (c) The cost of testing performed after removal, repair, replacement or restoration of the damaged property is completed, provided there is a reason to believe that "fungi", wet rot or dry rot is present. Page 14 of 53 ©Insurance Services Office, Inc., 2012 BP 00 03 07 13 (6) The following applies only if Business The most we will pay for loss or damage Income and/or Extra Expense Coverage under this Extension is $250,000 at applies to the described premises and each building. only if the suspension of 'operations" (2) Business Personal Property satisfies all the terms and conditions of the applicable Business Income and/or If this policy covers Business Personal Extra Expense Additional Coverage: Property, you may extend that insurance (a) If the loss which resulted in "fungi", to apply to: wet rot or dry rot does not in itself (a) Business Personal Property, necessitate a suspension of including such property that you "operations", but such suspension is newly acquire, at any location you necessary due to loss or damage to acquire; or property caused by"fungi", wet rot or (b) Business Personal Property, dry rot, then our payment under the including such property that you Business Income and/or Extra newly acquire, located at your newly Expense Additional Coverages is constructed or acquired buildings at limited to the amount of loss and/or the location described in the expense sustained in a period of not Declarations. more than 30 days. The days need This Extension does not apply to not be consecutive. personal property that you temporarily (b) If a covered suspension of acquire in the course of installing or "operations" was caused by loss or performing work on such property or damage other than "fungi", wet rot or your wholesale activities. dry rot, but remediation of "fungi", The most we will pay for loss or damage wet rot or dry rot prolongs the"period under this Extension is $100,000 at of restoration", we will pay for loss each building. and/or expense sustained during the delay (regardless of when such a (3) Period Of Coverage delay occurs during the "period of With respect to insurance provided restoration"), but such coverage is under this Coverage Extension for limited to 30 days. The days need Newly Acquired Or Constructed not be consecutive. Property, coverage will end when any of 6. Coverage Extensions the following first occurs: In addition to the Limits of Insurance of Section (a) This policy expires; — Property, you may extend the insurance (b) 30 days expire after you acquire the provided by this policy as provided below. property or begin construction of that Except as otherwise provided, the following part of the building that would qualify extensions apply to property located in or on as Covered Property; or the building described in the Declarations or in (c) You report values to us. the open (or in a vehicle)within 100 feet of the We will charge you additional premium described premises: for values reported from the date you a. Newly Acquired Or Constructed acquire the property or begin Property construction of that part of the building (1) Buildings that would qualify as Covered Property. If this policy covers Buildings, you may b. Personal Property Off-premises extend that insurance to apply to: You may extend the insurance provided by (a) Your new buildings while being built this policy to apply to your Covered on the described premises; and Property, other than "money" and (b) Buildings you acquire at premises "securities", "valuable papers and records" other than the one described, or accounts receivable, while it is in the intended for: course of transit or at a premises you do not own, lease or operate. The most we will (i) Similar use as the building pay for loss or damage under this described in the Declarations; or Extension is$10,000. (ii) Use as a warehouse. BP 00 03 0713 C Insurance Services Office, Inc., 2012 Page 15 of 53 c. Outdoor Property e. Valuable Papers And Records You may extend the insurance provided by (1) You may extend the insurance that this policy to apply to your outdoor fences, applies to Business Personal Property radio and television antennas (including to apply to direct physical loss or satellite dishes), signs (other than signs damage to "valuable papers and attached to buildings), trees, shrubs and records" that you own, or that are in plants (other than trees, shrubs or plants your care, custody or control, caused by which are part of a vegetated roof), or resulting from a Covered Cause of including debris removal expense. Loss or Loss. This Coverage Extension includes damage must be caused by or result from the cost to research, replace or restore any of the following causes of loss: the lost information on "valuable papers (1) Fire; and records"for which duplicates do not (2) Lightning; exist. (3) Explosion; (2) This Coverage Extension does not apply to: (4) Riot or Civil Commotion; or (a) Property held as samples or for (5) Aircraft. delivery after sale; and The most we will pay for loss or damage (b) Property in storage away from the under this [Extension is $2,500, unless a premises shown in the Declarations. higher Limit Of Insurance for Outdoor (3) The most we will pay under this Property is shown in the Declarations, but Coverage Extension for loss or damage not more than $1,000 for any one tree, to "valuable papers and records" in any shrub or plant. one occurrence at the described Subject to all aforementioned terms and premises is $10,000, unless a higher limitations of coverage, this Coverage Limit Of Insurance for "valuable papers Extension includes the expense of and records" is shown in the removing from the described premises the Declarations. debris of trees, shrubs and plants which are For"valuable papers and records" not at the property of others, except in the the described premises, the most we will situation in which you are a tenant and such pay is$5,000. property is owned by the landlord of the described premises. (4) Loss or damage to"valuable papers and records" will be valued at the cost of d. Personal Effects restoration or replacement of the lost or You may extend the insurance that applies damaged information. To the extent that to Business Personal Property to apply to the contents of the"valuable papers and personal effects owned by you, your records" are not restored, the "valuable officers, your partners or "members", your papers and records" will be valued at "managers" or your employees, including the cost of replacement with blank temporary or leased employees. This materials of substantially identical type. extension does not apply to: (5) Paragraph B. Exclusions in Section I — (1) Tools or equipment used in your Property does not apply to this business; or Coverage Extension except for: (2) Loss or damage by theft. (a) Paragraph B.1.c., Governmental The most we will pay for loss or damage Action; under this Extension is S2,500 at each (b) Paragraph B.1.d., Nuclear Hazard; described premises. (c) Paragraph B.1.f., War And Military Action; Page 16 of 53 ©Insurance Services Office, Inc., 2012 BP 00 03 0713 (d) Paragraph B.2.f., Dishonesty; g. Business Personal Property Temporarily (e) Paragraph B.2.g., False Pretense; In Portable Storage Units (f) Paragraph B.2.m.(2), Errors Or (1) You may extend the insurance that Omissions; and applies to Business Personal Property to apply to such property while (g) Paragraph B.3. temporarily stored in a portable storage f. Accounts Receivable unit (including a detached trailer) (1) You may extend the insurance that located within 100 feet of the buildings applies to Business Personal Property or structures described in the to apply to accounts receivable. We will Declarations or within 100 feet of the described premises, whichever distance pay: is greater. (a) All amounts due from your (2) The limitation under Paragraph A.4.a.(5) customers that you are unable to also applies to property in a portable collect; storage unit. (b) Interest charges on any loan (3) Coverage under this Extension: required to offset amounts you are unable to collect pending our (a) Will end 90 days after the Business payment of these amounts; Personal Property has been placed (c) Collection expenses in excess of in the storage unit; your normal collection expenses that (b) Does not apply if the storage unit are made necessary by loss or itself has been in use at the damage; and described premises for more than 90 (d) Other reasonable expenses that you consecutive days, even if the incur to reestablish your records of Business Personal Property has accounts receivable; been stored there for 90 or fewer days as of the time of loss or that result from direct physical loss or damage. damage by any Covered Cause of Loss (4) Under this Extension, the most we will to your records of accounts receivable. pay for the total of all loss or damage to (2) The most we will pay under this Business Personal Property is $10,000 Coverage Extension for loss or damage (unless a higher limit is indicated in the in any one occurrence at the described Declarations for such Extension) premises is $10,000, unless a higher regardless of the number of storage Limit of Insurance for accounts units. receivable is shown in the Declarations. (5) This Extension does not apply to loss or For accounts receivable not at the damage otherwise covered under this described premises, the most we will Coverage Form or any endorsement to pay is$5,000. this Coverage Form, and does not apply (3) Paragraph B. Exclusions in Section I — to loss or damage to the storage unit Property does not apply to this itself. Coverage Extension except for: B. Exclusions (a) Paragraph B.1.c., Governmental 1. We will not pay for loss or damage caused Action; directly or indirectly by any of the following. (b) Paragraph B.1.d., Nuclear Hazard; Such loss or damage is excluded regardless of (c) Paragraph B.1.f., War And Military any other cause or event that contributes Action; concurrently or in any sequence to the loss. These exclusions apply whether or not the loss (d) Paragraph B.2.f., Dishonesty; event results in widespread damage or affects (e) Paragraph B.2.g., False Pretense; a substantial area. (f) Paragraph B.3.; and a. Ordinance Or Law (g) Paragraph B.6., Accounts (1) The enforcement of or compliance with Receivable Exclusion. any ordinance or law: (a) Regulating the construction, use or repair of any property; or BP 00 03 07 13 0 Insurance Services Office, Inc., 2012 Page 17 of 53 (b) Requiring the tearing down of any With respect to coverage for volcanic property, including the cost of action as set forth in 5(a), (5)(b) and removing its debris. 5(c), all volcanic eruptions that occur (2) This exclusion, Ordinance Or Law, within any 168-hour period will constitute applies whether the loss results from: a single occurrence. (a) An ordinance or law that is enforced Volcanic action does not include the even if the property has not been cost to remove ash, dust or particulate damaged; or matter that does not cause direct (b) The increased costs incurred to physical loss of or damage to Covered Property. comply with an ordinance or law in the course of construction, repair, This exclusion applies regardless of renovation, remodeling or demolition whether any of the above, in Paragraphs of property or removal of its debris, (1) through (5), is caused by an act of following a physical loss to that nature or is otherwise caused. property. c. Governmental Action b. Earth Movement Seizure or destruction of property by order (1) Earthquake, including tremors and of governmental authority. aftershocks and any earth sinking, rising But we will pay for loss or damage caused or shifting related to such event; by or resulting from acts of destruction (2) Landslide, including any earth sinking, ordered by governmental authority and rising or shifting related to such event; taken at the time of a fire to prevent its (3) Mine subsidence, meaning subsidence spread, if the fire would be covered under this policy. of a man-made mine, whether or not mining activity has ceased; d. Nuclear Hazard (4) Earth sinking (other than sinkhole Nuclear reaction or radiation, or radioactive collapse), rising or shifting including soil contamination, however caused. conditions which cause settling, But if nuclear reaction or radiation, or cracking or other disarrangement of radioactive contamination, results in fire, we foundations or other parts of realty. Soil will pay for the loss or damage caused by conditions include contraction, that fire. expansion, freezing, thawing, erosion, e. Utility Services improperly compacted soil and the action of water under the ground The failure of power, communication, water surface. or other utility service supplied to the But if Earth Movement, as described in described premises, however caused, if the Paragraphs (1)through (4) above, results in failure: fire or explosion, we will pay for the loss or (1) Originates away from the described damage caused by that fire or explosion. premises; or (5) Volcanic eruption, explosion or effusion. (2)Originates at the described premises, But if volcanic eruption, explosion or but only if such failure involves effusion results in fire, building glass equipment used to supply the utility breakage or volcanic action, we will pay service to the described premises from for the loss or damage caused by that a source away from the described fire, building glass breakage or volcanic premises. action. Failure of any utility service includes lack of Volcanic action means direct loss or sufficient capacity and reduction in supply. damage resulting from the eruption of a Loss or damage caused by a surge of volcano when the loss or damage is power is also excluded, if the surge would caused by: not have occurred but for an event causing (a) Airborne volcanic blast or airborne a failure of power. shock waves; (b) Ash, dust or particulate matter; or (c) Lava flow. Page 18 of 53 ©Insurance Services Office, Inc., 2012 BP 00 03 0713 But if the failure or surge of power, or the This exclusion applies regardless of failure of communication, water or other whether any of the above, in Paragraphs utility service, results in a Covered Cause of (1) through (5), is caused by an act of Loss, we will pay for the loss or damage nature or is otherwise caused. An example caused by that Covered Cause of Loss. of a situation to which this exclusion applies Communication services include but are not is the situation where a dam, levee, seawall limited to service relating to Internet access or other boundary or containment system or access to any electronic, cellular or fails in whole or in part, for any reason, to satellite network. contain the water. This exclusion does not apply to loss or But if any of the above, in Paragraphs (1) damage to "computer(s)" and "electronic through (5), results in fire, explosion or data". sprinkler leakage,we will pay for the loss or damage caused by that fire, explosion or f. War And Military Action sprinkler leakage. (1) War, including undeclared or civil war; h. Certain Computer-related Losses (2) Warlike action by a military force, (1) The failure, malfunction or inadequacy including action in hindering or of: defending against an actual or expected (a) Any of the following, whether attack, by any government, sovereign or belonging to any insured or to other authority using military personnel others: or other agents; or (3) Insurrection, rebellion, revolution, (i) Computer' hardware, including usurped power, or action taken by microprocessors or other electronic data processing governmental authority in hindering or equipment as may be described defending against any of these. elsewhere in this policy; g. Water (ii) "Computer" application software (1) Flood, surface water, waves (including or other "electronic data" as may tidal wave and tsunami), tides, tidal be described elsewhere in this water, overflow of any body of water, or policy; spray from any of these, all whether or (iii) "Computer" operating systems not driven by wind (including storm and related software; surge); (2) Mudslide or mudflow; (iv) "Computer" networks; (3) Water that backs up or overflows or is (v) Microprocessors ("computer" otherwise discharged from a sewer, chips) not part of any computer drain, sump, sump pump or related system; or equipment; (vi) Any other computerized or (4) Water under the ground surface electronic equipment or pressing on, or flowing or seeping components; or through: (b) Any other products, and any (a) Foundations, walls, floors or paved services, data or functions that surfaces; directly or indirectly use or rely upon, in any manner, any of the items (b) Basements,whether paved or not; or listed in Paragraph (a) above; (c) Doors, windows or other openings; due to the inability to correctly or recognize, distinguish, interpret or (5) Waterborne material carried or accept one or more dates or times. An otherwise moved by any of the water example is the inability of computer referred to in Paragraph (1), (3) or (4), software to recognize the year 2000. or material carried or otherwise moved by mudslide or mudflow. BP 00 03 07 13 © Insurance Services Office, Inc., 2012 Page 19 of 53 (2) Any advice, consultation, design, 2. We will not pay for loss or damage caused by evaluation, inspection, installation, or resulting from any of the following: maintenance, repair, replacement or a. Electrical Apparatus supervision provided or done by you or for you to determine, rectify or test for, Artificially generated electrical, magnetic or any potential or actual problems electromagnetic energy that damages, described in Paragraph (1) above. disturbs, disrulits or otherwise interferes However, if excluded loss or damage, as with any: described in Paragraph (1) above, results in (1) Electrical or electronic wire, device, a"specified cause of loss" under Section I— appliance, system or network; or Property, we will pay only for the loss or (2) Device, appliance, system or network damage caused by such "specified cause utilizing cellular or satellite technology. of loss". For the purpose of this exclusion, electrical, We will not pay for repair, replacement or magnetic or electromagnetic energy modification of any items in Paragraph includes but is not limited to: (1)(a) or(1)(b)to correct any deficiencies or (1) Electrical current, including arcing; change any features. I. "Fungi", Wet Rot Or Dry Rot (2) Electrical charge produced or conducted by a magnetic or electromagnetic field; Presence, growth, proliferation, spread or (3) Pulse of electromagnetic energy; or any activity of"fungi", wet rot or dry rot. But if"fungi", wet rot or dry rot results in a (4) Electromagnetic waves or microwaves. "specified cause of loss", we will pay for the But if fire results, we will pay for the loss or loss or damage caused by that "specified damage caused by fire. cause of loss". We will pay for loss or damage to This exclusion does not apply: "computer(s)" due to artificially generated (1) When "fungi", wet rot or dry rot results electrical, magnetic or electromagnetic from fire or lightning; or energy if such loss or damage is caused by or results from: (2) To the extent that coverage is provided (1) An occurrence that took place within in the Limited Coverage For 'Fungi",Wet Rot Or Dry Rot Additional 100 feet of the described premises; or Coverage, with respect to loss or (2) Interruption of electric power supply, damage by a cause of loss other than power surge, blackout or brownout if the fire or lightning. cause of such occurrence took place j. Virus Or Bacteria within 100 feet of the described premises. (1) Any virus, bacterium or other b. Consequential Losses microorganism that induces or is capable of inducing physical distress, Delay, loss of use or loss of market. illness or disease. c. Smoke,Vapor, Gas (2) However, the exclusion in Paragraph (1) Smoke, vapor or gas from agricultural does not apply to loss or damage smudging or industrial operations. caused by or resulting from "fungi", wet rot or dry rot. Such loss or damage is addressed in Exclusion i. (3) With respect to any loss or damage subject to the exclusion in Paragraph (1), such exclusion supersedes any exclusion relating to"pollutants". Page 20 of 53 ©Insurance Services Office, Inc., 2012 BP 00 03 07 13 d. Steam Apparatus g. False Pretense Explosion of steam boilers, steam pipes, Voluntary parting with any property by you steam engines or steam turbines owned or or anyone else to whom you have entrusted leased by you, or operated under your the property if induced to do so by any control. But if explosion of steam boilers, fraudulent scheme, trick, device or false steam pipes, steam engines or steam pretense. turbines results in fire or combustion h. Exposed Property explosion, we will pay for the loss or damage caused by that fire or combustion Rain, snow, ice or sleet to personal explosion. We will also pay for loss or property in the open. damage caused by or resulting from the i. Collapse explosion of gases or fuel within the furnace (1) Collapse, including any of the following of any fired vessel or within the flues or conditions of property or any part of the passages through which the gases of property: combustion pass. e. Frozen Plumbing (a) An abrupt falling down or caving in; (b) Loss of structural integrity, including Water, other liquids, powder or molten separation of parts of the property or material that leaks or flows from plumbing, property in danger of falling down or heating, air conditioning or other equipment caving in; or (except fire protective systems) caused by or resulting from freezing, unless: (c) Any cracking, bulging, sagging, You do our best to maintain heat in the bending, leaning, settling, shrinkage (1) Y or expansion as such condition building or structure; or relates to Paragraph L(1)(a) or (2) You drain the equipment and shut off L(1)(b). the supply if the heat is not maintained. But if collapse results in a Covered Cause f. Dishonesty of Loss at the described premises, we will Dishonest or criminal acts (including theft) pay for the loss or damage caused by that by you, anyone else with an interest in the Covered Cause of Loss. property, or any of your or their partners, (2) This Exclusion i.does not apply: "members", officers, .,managers", (a) To the extent that coverage is employees (including temporary or leased provided under the Additional employees), directors, trustees or Coverage—Collapse; or authorized representatives, whether acting alone or in collusion with each other or with (b) To collapse caused by one or more any other party, or theft by any person to of the following: whom you entrust the property for any (1) The"specified causes of loss"; purpose, whether acting alone or in (ii) Breakage of building glass; collusion with any other party. This exclusion: (iii) Weight of rain that collects on a roof; or (1) Applies whether or not an act occurs (iv) Weight of people or personal during your normal hours of operation; property. (2) Does not apply to acts of destruction by j Pollution Your employees (including temporary or leased errrployees) or authorized We will not pay for loss or damage caused representatives; but theft by your by or resulting from the discharge, employees (including temporary or dispersal, seepage, migration, release or leased employees) or authorized escape of"pollutants" unless the discharge, representatives is not covered. dispersal, seepage, migration, release or With respect to accounts receivable and escape is itself caused by any of the ""specified causes of loss". But if the "valuable papers and records", this discharge, dispersal, seepage, migration, exclusion does not apply to carriers for hire. release or escape of"pollutants" results in a This exclusion does not apply to coverage "specified cause of loss", we will pay for the that is provided under the Employee loss or damage caused by that "specified Dishonesty Optional Coverage. cause of loss". BP 00 03 07 13 C Insurance Services Office, Inc., 2012 Page 21 of 53 k. Neglect n. Installation,Testing, Repair Neglect of an insured to use all reasonable Errors or deficiency in design, installation, means to save and preserve property from testing, maintenance, modification or repair further damage at and after the time of loss. of your "computer" system including I. Other Types Of Loss "electronic data". (1) Wear and tear; However, we will pay for direct physical loss or damage caused by resulting fire or (2) Rust or other corrosion, decay, explosion if these causes of loss would be deterioration, hidden or latent defect or covered by this Coverage Form. any quality in property that causes it to damage or destroy itself; o. Electrical Disturbance (3) Smog; Electrical or magnetic injury, disturbance or erasure of "electronic data", except as (4) Settling, cracking, shrinking or provided for under the Additional expansion; Coverages of Section I—Property. (5) Nesting or infestation, or discharge or However, we will pay for direct loss or release of waste products or secretions, damage caused by lightning. by insects, birds, rodents or other animals; p p Continuous Or Repeated Seepage Or (6) Mechanical breakdown, including Leakage Of Water rupture or bursting caused by centrifugal Continuous or repeated seepage or force. leakage of water, or the presence or condensation of humidity, moisture or This exclusion does not apply with respect to the breakdown of vapor, that occurs over a period of 14 days or more. "computer(s) 3. We will not pay for loss or damage caused by (7) The following causes of loss to personal or resulting from any of the following property: Paragraphs a. through c. But if an excluded (a) Dampness or dryness of cause of loss that is listed in Paragraphs a. atmosphere; through c. results in a Covered Cause of Loss, (b) Changes in or extremes of we will pay for the loss or damage caused by temperature; or that Covered Cause of Loss. (c) Marring or scratching. a. Weather Conditions But if an excluded cause of loss that is Weather conditions. But this exclusion only listed in Paragraphs (1) through (7) above applies if weather conditions contribute in results in a "specified cause of loss" or any way with a cause or event excluded in building glass breakage, we will pay for the Paragraph B.I. above to produce the loss loss or damage caused by that "specified or damage. cause of loss"or building glass breakage. b. Acts Or Decisions m. Errors Or Omissions Acts or decisions, including the failure to act Errors or omissions in: or decide, of any person, group, organization or governmental body. (1) Programming, processing or storing c. Negligent Work data, as described under electronic data"or in any"computer"operations; or Faulty, inadequate or defective: (2) Processing or copying "valuable papers (1) Planning, zoning, development, and records". surveying, siting; However, we will pay for direct physical loss (2) Design, specifications, workmanship, or damage caused by resulting fire or repair, construction, renovation, explosion if these causes of loss would be remodeling, grading, compaction; covered by this Coverage Form. (3) Materials used in repair, construction, renovation or remodeling; or (4) Maintenance; of part or all of any property on or off the described premises. Page 22 of 53 ©Insurance Services Office, Inc., 2012 BP 00 03 0713 4. Additional Exclusion (2) That a part or all of the described The following applies only to the property premises is rendered untenantable, if specified in this Additional Exclusion: coverage for Business Income applies. Loss Or Damage To Products 6. Accounts Receivable Exclusion We will not pay for loss or damage to any The following additional exclusion applies to merchandise, goods or other product caused the Accounts Receivable Coverage Extension: by or resulting from error or omission by any We will not pay for: person or entity (including those having a. Loss or damage caused by or resulting possession under an arrangement where work from alteration, falsification, concealment or or a portion of the work is outsourced) in any destruction of records of accounts stage of the development, production or use of receivable done to conceal the wrongful the product, including planning, testing, giving, taking or withholding of "money", processing, packaging, installation, "securities"or other property. maintenance or repair. This exclusion applies This exclusion applies only to the extent of to any effect that compromises the form, substance or quality of the product. But if such the wrongful giving, taking or withholding. error or omission results in a Covered Cause of b. Loss or damage caused by or resulting Loss, we will pay for the loss or damage from bookkeeping, accounting or billing caused by that Covered Cause of Loss. errors or omissions. 5. Business Income And Extra Expense c. Any loss or damage that requires any audit Exclusions of records or any inventory computation to a. We will not pay for: prove its factual existence. (1) Any Extra Expense, or increase of C. Limits Of Insurance Business Income loss, cauSed by or 1. The most we will pay for loss or damage in any resulting from: one occurrence is the applicable Limits Of (a) Delay in rebuilding, repairing or Insurance of Section I — Property shown in the replacing the property or resuming Declarations. "operations", due to interference at 2. The most we will pay for loss of or damage to the location of the rebuilding, repair outdoor signs attached to buildings is $1,000 or replacement by strikers or other per sign in any one occurrence. persons; or 3. The amounts of insurance applicable to the (b) Suspension, lapse or cancellation of Coverage Extensions and the following any license, lease or contract. But if Additional Coverages apply in accordance with the suspension, lapse or cancellation the terms of such coverages and are in is directly caused by the suspension addition to the Limits of Insurance of Section of "operations", we will cover such —Property: loss that affects your Business a. Fire Department Service Charge; Income during the period of restoration" and any extension of the b. Pollutant Clean-up And Removal; "period of restoration" in accordance c. Increased Cost Of Construction; with the terns of the Extended d. Business Income From Dependent Business Income Additional Properties; Coverage. (2) Any other consequential loss. e. Electronic Data; and b. With respect to this exclusion, suspension f. Interruption Of Computer Operations. means: 4. Building Limit—Automatic Increase (1) The Martial slowdown or complete a. In accordance with Paragraph C.4.b., the cessation of your business activities; Limit of Insurance for Buildings will and automatically increase by 8'Y,,, unless a different percentage of annual increase is shown in the Declarations. BP 00 03 0713 0 Insurance Services Office, Inc., 2012 Page 23 of 53 b. The amount of increase is calculated as D. Deductibles follows: 1. We will not pay for loss or damage in any one (1) Multiply the Building limit that applied on occurrence until the amount of loss or damage the most recent of the policy inception exceeds the Deductible shown in the date, the policy anniversary date or any Declarations. We will then pay the amount of other policy change amending the loss or damage in excess of the Deductible up Building limit by: to the applicable Limit of Insurance of Section (a) The percentage of annual increase —Property. shown in the Declarations, 2. Regardless of the amount of the Deductible, expressed as a decimal (example: the most we will deduct from any loss or 7% is .07); or damage under all of the following Optional (b) .08, if no percentage of annual Coverages in any one occurrence is the increase is shown in the Optional Coverage Deductible shown in the Declarations; and Declarations: (2) Multiply the number calculated in a. Money and Securities; accordance with b.(1) by the number of b. Employee Dishonesty; days since the beginning of the current c. Outdoor Signs; and policy year, or the effective date of the most recent policy change amending the d. Forgery or Alteration. Building limit, divided by 365. But this Optional Coverage Deductible will not Example increase the Deductible shown in the Declarations. This Deductible will be used to If: satisfy the requirements of the Deductible in The applicable Building limit is $100,000. the Declarations. The annual percentage increase is 8%. The 3. No deductible applies to the following number of days since the beginning of the Additional Coverages: policy year(or last policy change) is 146. a. Fire Department Service Charge; The amount of increase is $100,000 x .08 x 146-365=$3,200. b. Business Income; 5. Business Personal Property Limit— c. Extra Expense; Seasonal Increase d. Civil Authority; and a. Subject to Paragraph 5.b., the Limit of e. Fire Extinguisher Systems Recharge Insurance for Business Personal Property is Expense. automatically increased by: E. Property Loss Conditions (1) The Business Personal Property — 1. Abandonment Seasonal Increase percentage shown in There can be no abandonment of any property the Declarations; or to us. (2) 25% if no Business Personal Property— 2. Appraisal Seasonal Increase percentage is shown in the Declarations; If we and you disagree on the amount of loss, to provide for seasonal variances. either may make written demand for an appraisal of the loss. In this event, each party b. The increase described in Paragraph 5.a. will select a competent and impartial appraiser. will apply only if the Limit Of Insurance The two appraisers will select an umpire. If shown for Business Personal Property in they cannot agree, either may request that the Declarations is at least 100% of your selection be made by a judge of a court having average monthly values during the lesser jurisdiction. The appraisers will state separately of: the amount of loss. If they fail to agree, they (1) The 12 months immediately preceding will submit their differences to the umpire. A the date the loss or damage occurs; or decision agreed to by any two will be binding. (2) The period of time you have been in Each party will: business as of the date the loss or a. Pay its chosen appraiser; and damage occurs. b. Bear the other expenses of the appraisal and umpire equally. Page 24 of 53 ©Insurance Services Office, Inc., 2012 BP 00 03 07 13 If there is an appraisal, we will still retain our b. We may examine any insured under oath, right to deny the claim. while not in the presence of any other 3. Duties In The Event Of Loss Or Darriage insured and at such times as may be reasonably required, about any matter a. You must see that the following are done in relating to this insurance or the claim, the event of loss or damage to Covered including an insured's books and records. In Property: the event of an examination, an insured's (1) Notify the police if a law may have been answers must be signed. broken. 4. Legal Action Against Us (2) Give us prompt notice of the loss or No one may bring a legal action against us damage. Include a description of the under this insurance unless: property involved. a. There has been full compliance with all of (3) As soon as possible, give us a the terms of this insurance; and description of how, when and where the loss or damage occurred. b. The action is brought within two years after the date on which the direct physical loss or (4) Take all reasonable steps to protect the damage occurred. Covered Property from further damage, and keep a record of your expenses 5. Loss Payment necessary to protect the Covered In the event of loss or damage covered by this Property, for consideration in the policy: settlement of the claim. This will not a. At our option, we will either: increase the Limits of Insurance of Section I — Property. However, we will (1) Pay the value of lost or damaged not pay for any subsequent loss or property; damage resulting from a cause of loss (2) Pay the cost of repairing or replacing the that is not a Covered Cause of Loss. lost or damaged property; Also, if feasible, set the damaged (3) Take all or any part of the property at an property aside and in the best possible agreed or appraised value; or order for examination. (5) At our request, give us complete (4) Repair, rebuild or replace the property with other property of like kind and inventories of the damaged and undamaged property. Include quantities, quality, subject to Paragraph d.(1)(e) below. costs, values and amount of loss claimed. b. We will give notice of our intentions within (6) As often as may be reasonably required, 30 days after we receive the sworn proof of permit us to inspect the property proving loss. the loss or damage and examine your c. We will not pay you more than your books and records. financial interest in the Covered Property. Also permit us to take samples of d. Except as provided in Paragraphs (2) damaged and undamaged property for through (7) below, we will determine the inspection, testing and analysis, and value of Covered Property as follows: permit us to make copies from your (1) At replacement cost without deduction books and records. for depreciation, subject to the following: (7) Send us a signed, sworn proof of loss (a) If, at the time of loss, the Limit of containing the information we request to Insurance on the lost or damaged investigate the claim. You must do this property is 80% or more of the full within 60 days after our request. We will replacement cost of the property supply you with the necessary forms. immediately before the loss, we will (8) Cooperate with us in the investigation or pay the cost to repair or replace, settlement of the claim. after application of the deductible (9) Resume all or part of your "operations" and without deduction for as quickly possible. depreciation, but not more than the q y as p least of the following amounts: (1) The Limit of Insurance under Section I — Property that applies to the lost or damaged property; BP 00 03 07 13 © Insurance Services Office, Inc., 2012 Page 25 of 53 (ii) The cost to replace, on the same (c) You may make a claim for loss or premises, the lost or damaged damage covered by this insurance property with other property: on an actual cash value basis I. Of comparable material and instead of on a replacement cost quality; and basis. In the event you elect to have loss or damage settled on an actual ii. Used for the same purpose; cash value basis, you may still make or a claim on a replacement cost basis (ill) The amount that you actually if you notify us of your intent to do so spend that is necessary to repair within 180 days after the loss or or replace the lost or damaged damage. property. (d) We will not pay on a replacement If a building is rebuilt at a new cost basis for any loss or damage: premises, the cost is limited to the (i) Until the lost or damaged cost which would have been incurred property is actually repaired or had the building been built at the replaced; and original premises. (ii) Unless the repair or replacement (b) If, at the time of loss, the Limit of is made as soon as reasonably Insurance applicable to the lost or possible after the loss or damaged property is less than 80% damage. of the full replacement cost of the property immediately before the loss, However, if the cost to repair or we will pay the greater of the replace the damaged building following amounts, but not more than property is $2,500 or less, we will the Limit of Insurance that applies to settle the loss according to the the property: provisions of Paragraphs d.(1)(a) and d.(1)(b) above whether or not (i) The actual cash value of the lost the actual repair or replacement is or damaged property; or complete. (ii) A proportion of the cost to repair (e) The cost to repair, rebuild or replace or replace the lost or damaged does not include the increased cost property, after application of the attributable to enforcement of or deductible and without deduction compliance with any ordinance or for depreciation. This proportion law regulating the construction, use will equal the ratio of the or repair of any property. applicable Limit of Insurance to 80% of the full replacement cost (2) If the Actual Cash Value — Buildings of the property. option applies, as shown in the Declarations, Paragraph (1) above does Example not apply to Buildings. Instead, we will The full replacement cost of determine the value of Buildings at property which suffers a total loss actual cash value. is $100,000. The property is (3) The following property at actual cash insured for $70,000. 80% of the value: full replacement cost of the a Used or secondhand merchandise property immediately before the ( ) held instoragers or for sale; loss is $80,000 ($100,000 x .80 = $80,000). A partial loss of (b) Property of others. However, if an $25,000 is sustained. The item(s) of personal property of others amount of recovery is determined is subject to a written contract which as follows: governs your liability for loss or Amount of recovery damage to that item(s), then $70,000-$80,000= .875 valuation of that item(s)will be based on the amount for which you are .875 x$25,000=$21,875 liable under such contract, but not to exceed the lesser of the replacement cost of the property or the applicable Limit of Insurance; Page 26 of 53 ©insurance Services Office, Inc., 2012 BP 00 03 0713 (c) Household contents, except personal (ii) We will adjust that total for any property in apartments or rooms normal fluctuations in the amount furnished by you as landlord; of accounts receivable for the (d) Manuscripts; and month in which the loss or damage occurred or for any (e) Works of art, antiques or rare demonstrated variance from the articles, including etchings, pictures, average for that month. statuary, marble, bronzes, porcelain and bric-a-brac. (b) The following will be deducted from the total amount of accounts (4) Glass at the cost of replacement with receivable, however that amount is safety glazing material if required by established: law. (i) The amount of the accounts for (5) Tenants' improvements and betterments which there is no loss or damage; at: ii The amount of the accounts that a Replacement cost if you make ( ) ( ) P Y you are able to reestablish or repairs promptly. collect; (b) A proportion of your original cost if (iii) An amount to allow for probable you do not make repairs promptly. bad debts that you are normally We will determine the proportionate unable to collect; and value as follows: (iv) All unearned interest and service (1) Multiply the original cost by the charges. number of days from the loss or damage to the expiration of the e. Our payment for loss of or damage to lease; and personal property of others will only be for the account of the owners of the property. (ii) Divide the amount determined in We may adjust losses with the owners of (i) above by the number of days lost or damaged property if other than you. from the installation of If we pay the owners, such payments will improvements to the expiration of satisfy your claims against us for the the lease. owners' property. We will not pay the If your lease contains a renewal owners more than their financial interest in option, the expiration of the renewal the Covered Property. option period will replace the f. We may elect to defend you against suits expiration of the lease in this arising from claims of owners of property. procedure. We will do this at our expense. (c) Nothing if others pay for repairs or g. We will pay for covered loss or damage replacement. within 30 days after we receive the sworn (6) Applicable only to the Optional proof of loss, provided you have complied Coverages: with all of the terms of this policy, and: (a) "Money"at its face value; and (1) We have reached agreement with you (b) "Securities"at their value at the close on the amount of loss; or of business on the day the loss is (2) An appraisal award has been made. discovered. (7) Applicable only to accounts receivable: (a) If you cannot accurately establish the amount of accounts receivable outstanding as of the time of loss or damage: (i) We will determine the total of the average monthly amounts of accounts receivable for the 12 months immediately preceding the month in which the loss or damage occurs; and BP 00 03 07 13 C Insurance Services Office, Inc., 2012 Page 27 of 53 h. A party wall is a wall that separates and is 8. Vacancy common to adjoining buildings that are a. Description Of Terms owned by different parties. In settling covered losses involving a party wall, we (1) As used in this Vacancy Condition, the will pay a proportion of the loss to the party term building and the term vacant have wall based on your interest in the wall in the meanings set forth in Paragraphs (a) proportion to the interest of the owner of the and (b)below: adjoining building. However, if you elect to (a) When this policy is issued to a repair or replace your building and the tenant, and with respect to that owner of the adjoining building elects not to tenant's interest in Covered Property, repair or replace that building, we will pay building means the unit or suite you the full value of the loss to the party rented or leased to the tenant. Such wall, subject to all applicable policy building is vacant when it does not provisions including Limits of Insurance and contain enough business personal all other provisions of this Loss Payment property to conduct customary Condition. Our payment under the operations. provisions of this paragraph does not alter any right of subrogation we may have (b) When this policy is issued to the against any entity, including the owner or owner or general lessee of a insurer of the adjoining building, and does building, building means the entire not alter the terms of the Transfer Of Rights building. Such building is vacant Of recovery Against Others To Us unless at least 31 /o of its total square footage is: Condition in this policy. 6. Recovered Property (i) Rented to a lessee or sublessee and used by the lessee or If either you or we recover any property after sublessee to conduct its loss settlement, that party must give the other customary operations; and/or prompt notice. At your option, you may retain (ii) Used by the building owner to the property. But then you must return to us the conduct customary operations. amount we paid to you for the property. We will pay recovery expenses and the expenses to (2) Buildings under construction or repair the recovered property, subject to the renovation are not considered vacant. Limits of Insurance of Section I—Property. b. Vacancy Provisions 7. Resumption Of Operations If the building where loss or damage occurs We will reduce the amount of your: has been vacant for more than 60 a. Business Income loss, other than Extra consecutive days before that loss or Expense, to the extent you can resume damage occurs: your "operations", in whole or in part, by (1) We will not pay for any loss or damage using damaged or undamaged property caused by any of the following even if (including merchandise or stock) at the they are Covered Causes of Loss: described premises or elsewhere. (a) Vandalism; b. Extra Expense loss to the extent you can (b) Sprinkler leakage, unless you have return "operations" to normal and protected the system against discontinue such Extra Expense. freezing; Page 28 of 53 ©Insurance Services Office, Inc., 2012 BP 00 03 07 13 (c) Building glass breakage; e. If we pay the mortgageholder for any loss (d) Water damage; or damage and deny payment to you because of your acts or because you have (e) Theft; or failed to comply with the terms of this (f) Attempted theft. policy: (2) With respect to Covered Causes of Loss (1) The mortgageholder's rights under the other than those listed in Paragraphs mortgage will be transferred to us to the (1)(a) through (1)(f) above, we will extent of the amount we pay; and reduce the amount we would otherwise (2) The mortgageholder's right to recover pay for the loss or damage by 15%. the full amount of the mortgageho[der's F. Property General Conditions claim will not be impaired. 1. Control Of Property At our option, we may pay to the Any act or neglect of any person other than mortgageholder the whole principal on the you beyond your direction or control will not mortgage plus any accrued interest. In this affect this insurance. event, your mortgage and note will be transferred to us and you will pay your The breach of any condition of this Coverage remaining mortgage debt to us. Form at any one or more locations will not f. If we cancel this policy, we will give written affect coverage at any location where, at the notice to the mortgageholder at least: time of loss or damage, the breach of condition does not exist. (1) 10 days before the effective date of 2. Mortgageholders cancellation if we cancel for your nonpayment of premium; or a. The term "mortgageholder" includes (2) 30 days before the effective date of trustee. cancellation if we cancel for any other b. We will pay for covered loss of or damage reason. to buildings or structures to each g, If we elect not to renew this policy, we will mortgageholder shown in the Declarations give written notice to the mortgageholder at in their order of precedence, as interests least 10 days before the expiration date of may appear. this policy. c. The mortgageholder has the right to receive 3. No Benefit To Bailee loss payment even if the mortgageholder has started foreclosure or similar action on No person or organization, other than you, the building or structure. having custody of Covered Property will benefit d. If we deny your claim because of your acts from this insurance. or because you have failed to comply with 4. Policy Period, Coverage Territory the terms of this policy, the mortgageholder Under Section I—Property: will still have the right to receive loss payment if the mortgageholder: a. We cover loss or damage commencing: (1) Pays any premium due under this policy (1) During the policy period shown in the at our request if you have failed to do Declarations; and so; (2) Within the coverage territory or, with (2) Submits a signed, sworn proof of loss respect to property in transit, while it is within 60 days after receiving notice between points in the coverage territory. from us of your failure to do so; and b. The coverage territory is: (3) Has notified us of any change in (1) The United States of America (including ownership, occupancy or substantial its territories and possessions); change in risk known to the (2) Puerto Rico; and mortgageholder. All of the terms of this policy will then apply (3) Canada. directly to the mortgageholder. BP 00 03 0713 ©Insurance Services Office, Inc., 2012 Page 29 of 53 G. Optional Coverages b. In addition to the Limitations and Exclusions If shown as applicable in the Declarations, the applicable to Section I — Property, we will following Optional Coverages also apply. These not pay for loss: coverages are subject to the terms and conditions (1) Resulting from accounting or applicable to property coverage in this policy, arithmetical errors or omissions; except as provided below: 2 ( ) Due to the giving or surrendering of 1. Outdoor Signs property in any exchange or purchase; a. We will pay for direct physical loss of or or damage to all outdoor signs at the (3) Of property contained in any "money"- described premises: operated device unless the amount of (1) Owned by you; or "money" deposited in it is recorded by a continuous recording instrument in the (2) Owned by others but in your care, device. custody or control. c. The most we will pay for loss in any one b. Paragraph A.3., Covered Causes Of Loss occurrence is: and Paragraph B., Exclusions in Section I—Property do not apply to this Optional (1) The limit shown in the Declarations for Coverage, the Premises for "money"Coverage, except for: Y "securities"while: (1) Paragraph B.1.c., Governmental Action; (a) In or on the described premises; or (2) Paragraph B.1.d., Nuclear Hazard; and (b) Within a bank or savings institution; (3) Paragraph B.1.f., War And Military and Action. (2) The limit shown in the Declarations for c. We will not pay for loss or damage caused Outside the Premises for "money" and by or resulting from: "securities"while anywhere else. (1) Wear and tear; d. All loss: (2) Hidden or latent defect; (1) Caused by one or more persons; or (3) Rust; (2) Involving a single act or series of related (4) Corrosion; or acts; (5) Mechanical breakdown. is considered one occurrence. d. The most we will pay for loss or damage in e. You must keep records of all "money" and any one occurrence is the Limit Of "securities" so we can verify the amount of Insurance for Outdoor Signs shown in the any loss or damage. Declarations. 3. Employee Dishonesty e. The provisions of this Optional Coverage a. We will pay for direct loss of or damage to supersede all other references to outdoor Business Personal Property and "money" signs in this policy. and "securities" resulting from dishonest 2. Money And Securities acts committed by any of your employees a. We will pay for loss of "money" and acting alone or in collusion with other "securities" used in your business while at a persons (except you or your partner) with bank or savings institution, within your living the manifest intent to: quarters or the living quarters of your (1) Cause you to sustain loss or damage; partners or any employee (including a and also temporary or leased employee) having use (2) Obtain financial benefit (other than and custody of the property, at the salaries, commissions, fees, bonuses, described premises, or in transit between promotions, awards, profit sharing, any of these places, resulting directly from: pensions or other employee benefits (1) Theft, meaning any act of stealing; earned in the normal course of (2) Disappearance; or employment)for: (3) Destruction. (a) Any employee; or (b) Any other person or organization. Page 30 of 53 0 Insurance Services Office, Inc., 2012 BP 00 03 0713 b. We will not pay for loss or damage: f. This Optional Coverage is cancelled as to (1) Resulting from any dishonest or criminal any employee immediately upon discovery act that you or any of your partners or by. "members"commit whether acting alone (1) You; or or in collusion with other persons. (2) Any of your partners, "members", (2) Resulting from any dishonest act "managers", officers or directors not in committed by any of your employees collusion with the employee; (except as provided in Paragraph a.), of any dishonest act committed by that "managers"or directors: employee before or after being hired by (a) Whether acting alone or in collusion you. with other persons; or g. We will pay only for covered loss or (b) While performing services for you or damage sustained during the policy period otherwise. and discovered no later than one year from (3) The only proof of which as to its the end of the policy period. existence or amount is: h. If you (or any predecessor in interest) (a) An inventory computation; or sustained loss or damage during the policy period of any prior insurance that you could (b) A profit and loss computation. have recovered under that insurance (4) Caused by an employee if the employee except that the time within which to had also committed theft or any other discover loss or damage had expired, we dishonest act prior to the effective date will pay for it under this Optional Coverage, of this policy and you or any of your provided: partners, "members", "managers", (1) This Optional Coverage became officers, directors or trustees, not in effective at the time of cancellation or collusion with the employee, learned of termination of the prior insurance; and that theft or dishonest act prior to the (2) The loss or damage would have been policy period shown in the Declarations. covered by this Optional Coverage had c. The most we will pay for loss or damage in it been in effect when the acts or events any one occurrence is the Limit Of causing the loss or damage were Insurance for Employee Dishonesty shown committed or occurred. in the Declarations. i. The insurance under Paragraph h. above is d. All loss or damage: part of, not in addition to, the Limit of (1) Caused by one or more persons; or Insurance applying to this Optional (2) Involving a single act or series of acts; Coverage and is limited to the lesser of the amount recoverable under: is considered one occurrence. (1) This Optional Coverage as of its e. If any loss is covered: effective date; or (1) Partly by this insurance; and (2) The prior insurance had it remained in (2) Partly by any prior cancelled or effect. terminated insurance that we or any j. With respect to the Employee Dishonesty affiliate had issued to you or any Optional Coverage in Paragraph G.3., predecessor in interest; employee means: the most we will pay is the larger of the (1) Any natural person: amount recoverable under this insurance or (a) While in your service or for 30 days the prior insurance. after termination of service; We will pay only for loss or damage you (b) Who you compensate directly by sustain through acts committed or events salary,wages or commissions; and occurring during the policy period. Regardless of the number of years this (c) Who you have the right to direct and policy remains in force or the number of control while performing services for premiums paid, no Limit of Insurance you; cumulates from year to year or period to period. BP 00 03 0713 ©insurance Services Office, Inc., 2012 Page 31 of 53 (2) Any natural person who is furnished b. Paragraphs A.4.a.(1) and AA.a.(2), temporarily to you: Limitations, do not apply to this Optional (a) To substitute for a permanent Coverage. employee, as defined in Paragraph c. With respect to the coverage provided by (1)above, who is on leave; or this Optional Coverage, the following (b) To meet seasonal or short-term exclusions in Paragraph B. Exclusions do workload conditions; not apply: (3) Any natural person who is leased to you (1) Paragraph B.2.a., Electrical Apparatus; under a written agreement between you (2) Paragraph B.2.d., Steam Apparatus; and a labor leasing firm, to perform and duties related to the conduct of your (3) Paragraph B.2.1.(6), Mechanical business, but does not mean a Breakdown. temporary employee as defined in Paragraph (2)above; d. With respect to the coverage provided by (4) Any natural person who is a former this Optional Coverage, Paragraph employee, director, partner, member, G.1.c.(5) of the Outdoor Signs Optional manager, representative or trustee Coverage does not apply. retained as a consultant while e. If a dollar deductible is shown in the performing services for you; or Declarations for this Optional Coverage, we 5 An natural will first subtract the applicable deductible ( ) y person who is a guest amount from any loss we would otherwise student or intern pursuing studies or duties, excluding, however, any such pay. We will then pay the amount of loss in excess of the applicable deductible up to person while having care and custody of property outside any building you the applicable limit for this coverage. occupy in conducting your business. If no optional deductible is chosen for this But employee does not mean: Optional Coverage, the Property Deductible shown in the Declarations applies. (1) Any agent, broker, factor, commission merchant, consignee, independent f. With respect to Additional Coverages 5.f. Business Income and 5.g. Extra Expense, if contractor or representative of the same the 72-hour time period in the definition of general character; or "period of restoration" (hereinafter referred (2) Any "manager", director or trustee to as time deductible) is amended for this except while performing acts coming Optional Coverage as shown in the within the usual duties of an employee. Declarations, we will not pay for any 4. Equipment Breakdown Protection Coverage Business Income loss that occurs during the consecutive number of hours shown as a. We will pay for direct loss of or damage to the time deductible in the Declarations Covered Property caused by or resulting immediately following a mechanical from a mechanical breakdown or electrical breakdown or electrical failure. If a time failure to pressure, mechanical or electrical deductible is shown in days, each day shall machinery and equipment. mean 24 consecutive hours. Mechanical breakdown or electrical failure With respect to the coverage provided by to pressure, mechanical or electrical this Optional Coverage, any time deductible machinery and equipment does not mean shown in the Declarations for Equipment any: Breakdown Protection Coverage (1) Malfunction including but not limited to supersedes any time deductible otherwise adjustment, alignment, calibration, applicable to the Business Income cleaning or modification; coverage provided by this policy. (2) Leakage at any valve, fitting, shaft seal, g. With respect to the coverage provided by gland packing,joint or connection; this Optional Coverage, Paragraph H. 3 Damage to an vacuum tube Property Definitions is amended as ( ) g y , gas tube, or brush; or follows: (4) The functioning of any safety or 1. "Computer"means: protective device. a. Programmable electronic equipment that is used to store, retrieve and process data; and Page 32 of 53 0 Insurance Services Office, Inc., 2012 BP 00 03 07 13 b. Associated peripheral equipment 2. "Counterfeit money" means an imitation of that provides communication, "money" that is intended to deceive and to be including input and output functions taken as genuine. such as printing and auxiliary 3. "Electronic data" means information, facts or functions such as data transmission. computer programs stored as or on, created or "Computer' includes those used to operate used on, or transmitted to or from computer production-type machinery or equipment. software (including systems and applications h. Whenever any covered pressure, software), on hard or floppy disks, CD-ROMs, mechanical or electrical machinery and tapes, drives, cells, data processing devices or equipment is found to be in, or exposed to, any other repositories of computer software a dangerous condition, any of our which are used with electronically controlled representatives may suspend coverage equipment. The term computer programs, provided by this Optional Coverage for loss referred to in the foregoing description of from a mechanical breakdown or electrical electronic data, means a set of related failure to that pressure, mechanical or electronic instructions which direct the electrical machinery and equipment. operations and functions of a computer or device connected to it, which enable the However, coverage provided by this "computer" or device to receive, process, store, Optional Coverage may be reinstated for retrieve or send data. loss from a mechanical breakdown or 4. "Fungi" means any type or form of fungus, electrical failure to that pressure, mechanical or electrical machinery and including mold or mildew, and any mycotoxins, equipment if the reasons for the suspension spores, scents or by-products produced or are found by any of our representatives to released by fungi. no longer exist. 5. "Manager' means a person serving in a We may suspend or reinstate this Optional directorial capacity for a limited liability coverage by mailing or delivering a written company. notification regarding the suspension or 6. "Member' means an owner of a limited liability reinstatement to: company represented by Its membership (1) Your last known address; or interest,who also may serve as a"manager". (2) The address where the pressure, 7. "Money" means: mechanical or electrical machinery and a. Currency, coins and bank notes in current equipment is located. use and having a face value; and This notification will indicate the effective b. Traveler's checks, register checks and date of the suspension or reinstatement. money orders held for sale to the public. If the coverage provided by this Optional 8. "Operations" means your business activities Coverage is not reinstated, you will get a occurring at the described premises. pro rata refund of premium. But the 9. "Period of restoration": suspension will be effective even if we have not yet made or offered a refund. a. Means the period of time that: H. Property Definitions (1) Begins: 1. "Computer"means: (a) 72 hours after the time of direct Programmable electronic equipment that is physical loss or damage for a. Pro 9Business Income Coverage; or used to store, retrieve and process data; and (b) Immediately after the time of direct physical loss or damage for Extra b. Associated peripheral equipment that provides communication, including input Expense Coverage; and output functions such as printing and caused by or resulting from any Covered auxiliary functions such as data Cause of Loss at the described transmission. premises; and "Computer" does not include those used to operate production-type machinery or equipment. BP 00 03 0713 ©Insurance Services Office, Inc., 2012 Page 33 of 53 (2) Ends on the earlier of: b. Falling objects does not include loss of or (a) The date when the property at the damage to: described premises should be (1) Personal property in the open; or repaired, rebuilt or replaced with (2) The interior of a building or structure, or reasonable speed and similar property inside a building or structure, quality; or unless the roof or an outside wall of the (b) The date when business is resumed building or structure is first damaged by at a new permanent location. a falling object. b. Does not include any increased period c. Water damage means: required due to the enforcement of or (1) Accidental discharge or leakage of compliance with any ordinance or law that: water or steam as the direct result of the (1) Regulates the construction, use or breaking apart or cracking of any part of repair, or requires the tearing down of a system or appliance (other than a any property; or sump system including its related (2) Requires any insured or others to test equipment and parts) containing water for, monitor, clean up, remove, contain, or steam; and treat, detoxify or neutralize, or in any (2) Accidental discharge or leakage of way respond to, or assess the effects of water or waterborne material as the "pollutants". direct result of the breaking apart or The expiration date of this policy will not cut cracking of a water or sewer pipe that is short the"period of restoration". located off the described premises and is part of a municipal potable water 10. 'Pollutants"means any solid, liquid, gaseous or supply system or municipal sanitary thermal irritant or contaminant, including sewer system, if the breakage or smoke, vapor, soot, fumes, acids, alkalis, cracking is caused by wear and tear. chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. But water damage does not include loss or damage otherwise excluded under the 11. "Securities" means negotiable and terms of the Water Exclusion. Therefore, for nonnegotiable instruments or contracts example, there is no coverage in the representing either "money" or other property situation in which discharge or leakage of and includes: water results from the breaking apart or a. Tokens, tickets, revenue and other stamps cracking of a pipe which was caused by or (whether represented by actual stamps or related to weather-induced flooding, even if unused value in a meter) in current use; wear and tear contributed to the breakage and or cracking. As another example, and also b. Evidences of debt issued in connection with in accordance with the terms of the Water credit or charge cards, which cards are not Exclusion, there is no coverage for loss or issued by you; damage caused by or related to weather- induced flooding which follows or is but does not include"money". exacerbated by pipe breakage or cracking 12. "Specified causes of loss" means the following: attributable to wear and tear. Fire; lightning; explosion; windstorm or hail; To the extent that accidental discharge or smoke; aircraft or vehicles; riot or civil leakage of water falls within the criteria set commotion; vandalism; leakage from fire forth in c.(1) or c.(2) of this definition of extinguishing equipment; sinkhole collapse; "specified causes of loss", such water is not volcanic action; falling objects; weight of snow, subject to the provisions of the Water ice or sleet; water damage. Exclusion which preclude coverage for a. Sinkhole collapse means the sudden surface water or water under the ground sinking or collapse of land into underground surface. empty spaces created by the action of 13. "Stock" means merchandise held in storage or water on limestone or dolomite. This cause for sale, raw materials and in-process or of loss does not include: finished goods, including supplies used in their (1) The cost of filling sinkholes; or packing or shipping. (2) Sinking or collapse of land into man- made underground cavities. Page 34 of 53 0 Insurance Services Office, Inc., 2012 BP 00 03 0713 14. "Valuable papers and records" means (c) Prior to the policy period, no insured inscribed, printed or written: listed under Paragraph C.1. Who Is a. Documents; An Insured and no "employee" authorized by you to give or receive b. Manuscripts; and notice of an "occurrence" or claim, c. Records; knew that the "bodily injury" or including abstracts, books, deeds, drawings, "property damage" had occurred, in films, maps or mortgages. whole or in part. If such a listed insured or authorized employee But "valuable papers and records" does not knew, prior to the policy period, that mean"money"or"securities". the "bodily injury" or "property SECTION II—LIABILITY damage" occurred, then any A. Coverages continuation, change or resumption of such bodily injury or property 1. Business Liability damage" during or after the policy a. We will pay those sums that the insured period will be deemed to have been becomes legally obligated to pay as known before the policy period. damages because of "bodily injury", (2) To "personal and advertising injury" "property damage" or "personal and caused by an offense arising out of your advertising injury" to which this insurance business, but only if the offense was applies. We will have the right and duty to committed in the "coverage territory" defend the insured against any "suit" during the policy period. seeking those damages. However, we will c. "Bodily injury" or "property damage" which have no duty to defend the insured against occurs during the policy period and was any "suit" seeking damages for "bodily not, prior to the policy period, known to injury", "property damage" or"personal and p p y have occurred by any insured listed under advertising injury" to which this insurance does not apply. We may, at our discretion, Paragraph C.1. Who Is An Insured or any employee authorized by you to give or investigate any "occurrence" or any offense receive notice of an "occurrence" or claim, and settle any claim or suit that may includes any continuation, change or result. But: resumption of "bodily injury" or "property (1) The amount we will pay for damages is damage"after the end of the policy period. limited as described in Paragraph D. d. "Bodily injury" or "property damage" will be Liability And Medical Expenses Limits deemed to have been known to have Of Insurance in Section II—Liability; and occurred at the earliest time when any (2) Our right and duty to defend end when insured listed under Paragraph C.1. Who Is we have used up the applicable Limit of An Insured or any"employee" authorized by Insurance in the payment of judgments you to give or receive notice of an or settlements or medical expenses. "occurrence"or claim: No other obligation or liability to pay sums (1) Reports all, or any part, of the "bodily or perform acts or services is covered injury"or"property damage"to us or any unless explicitly provided for under other insurer; Paragraph f. Coverage Extension — (2) Receives a written or verbal demand or Supplementary Payments. claim for damages because of the b. This insurance applies: "bodily injury"or"property damage"; or (1) To"bodily injury"and "property damage" (3) Becomes aware by any other means only if: that "bodily injury" or"property damage" (a) The "bodily injury" or "property has occurred or has begun to occur. damage" is caused by an e. Damages because of"bodily injury" include "occurrence" that takes place in the damages claimed by any person or "coverage territory"; organization for care, loss of services or (b) The "bodily injury" or "property death resulting at any time from the "bodily damage" occurs during the policy injury". period; and BP 00 03 0713 ©insurance Services Office, Inc., 2012 Page 35 of 53 f. Coverage Extension—Supplementary (2) If we defend an insured against a "suit" Payments and an indemnitee of the insured is also (1) We will pay, with respect to any claim named as a party to the "suit", we will we investigate or settle, or any "suit" defend that indemnitee if all of the against an insured we defend: following conditions are met: (a) All expenses we incur. (a) The "suit" against the indemnitee seeks damages for which the (b) Up to $250 for cost of bail bonds insured has assumed the liability of required because of accidents or the indemnitee in a contract or traffic law violations arising out of the agreement that is an "insured use of any vehicle to which Business contract Liability Coverage for "bodily injury" applies. We do not have to furnish (b) This insurance applies to such these bonds. liability assumed by the insured; (c) The cost of bonds to release (c) The obligation to defend, or the cost attachments, but only for bond of the defense of, that indemnitee, amounts within our Limit of has also been assumed by the Insurance. We do not have to furnish insured in the same "insured these bonds. contract'; (d) All reasonable expenses incurred by (d) The allegations in the "suit" and the the insured at our request to assist information we know about the us in the investigation or defense of "occurrence"are such that no conflict the claim or "suit", including actual appears to exist between the loss of earnings up to $250 a day interests of the insured and the because of time off from work. interests of the indemnitee; (e) All court costs taxed against the (e) The indemnitee and the insured ask insured in the "suit". However, these us to conduct and control the payments do not include attorneys' defense of that indemnitee against fees or attorneys' expenses taxed such "suit" and agree that we can against the insured. assign the same counsel to defend (f) Prejudgment interest awarded the insured and the indemnitee; and against the insured on that part of (f) The indemnitee: the judgment we pay. If we make an (i) Agrees in writing to: offer to pay the Limit of Insurance, L Cooperate with us in the we will not pay any prejudgment investigation, settlement or interest based on that period of time defense of the"suit"; after the offer. (g) All interest on the full amount of any ii. Immediately send us copies of judgment that accrues after entry of any demands, notices,summonses or legal papers the judgment and before we have received in connection with paid, offered to pay, or deposited in the"suit"; court the part of the judgment that is within our Limit of Insurance. iii. Notify any other insurer These payments will not reduce the limit whose coverage is available of liability. to the indemnitee; and Page 36 of 53 0 Insurance Services Office, Inc., 2012 BP 00 03 07 13 iv. Cooperate with us with (c) The injured person submits to respect to coordinating other examination, at our expense, by applicable insurance available physicians of our choice as often as to the indemnitee; and we reasonably require. (ii) Provides us with written b. We will make these payments regardless of authorization to: fault. These payments will not exceed the i. Obtain records and other Limits of Insurance of Section II — Liability. information related to the We will pay reasonable expenses for: "suit"; and (1) First aid administered at the time of an ii. Conduct and control the accident; defense of the indemnitee in (2) Necessary medical, surgical, X-ray and such "suit". dental services, including prosthetic (3) So long as the conditions in Paragraph devices; and (2) are met, attorneys' fees incurred by (3) Necessary ambulance, hospital, us in the defense of that indemnitee, professional nursing and funeral necessary litigation expenses incurred services. by us and necessary litigation expenses B. Exclusions incurred by the indemnitee at our request will be paid as Supplementary 1. Applicable To Business Liability Coverage Payments. Notwithstanding the This insurance does not apply to: provisions of Paragraph B.1.b.(2) a. Expected Or Intended Injury Exclusions in Section II — Liability, such payments will not be deemed to be "Bodily injury" or "property damage" damages for "bodily injury" and expected or intended from the standpoint of "property damage" and will not reduce the insured. This exclusion does not apply the Limits of Insurance. to "bodily injury" resulting from the use of Our obligation to defend an insured's reasonable force to protect persons or indemnitee and to pay for attorneys' property. fees and necessary litigation expenses b. Contractual Liability as Supplementary Payments ends "Bodily injury" or "property damage" for when: which the insured is obligated to pay (a) We have used up the applicable damages by reason of the assumption of Limit of Insurance in the payment of liability in a contract or agreement. This judgments or settlements; or exclusion does not apply to liability for (b) The conditions set forth above, or damages: the terms of the agreement (1) That the insured would have in the described in Paragraph (2)(f) above, absence of the contract or agreement; are no longer met. or 2. Medical Expenses (2) Assumed in a contract or agreement a. We will pay medical expenses as described that is an "insured contract", provided below for "bodily injury" caused by an the "bodily injury" or "property damage" accident: occurs subsequent to the execution of the contract or agreement. Solely for the (1) On premises you own or rent; purposes of liability assumed in an (2) On ways next to premises you own or "insured contract", reasonable attorneys' rent; or fees and necessary litigation expenses 3 Because of our operations; incurred by or for a party other than an ( ) Y p insured are deemed to be damages provided that: because of "bodily injury" or "property (a) The accident takes place in the damage", provided: "coverage territory" and during the (a) Liability to such party for, or for the policy period; cost of, that party's defense has also (b) The expenses are incurred and been assumed in the same "insured reported to us within one year of the contract"; and date of the accident; and BP 00 03 07 13 0 Insurance Services Office, Inc., 2012 Page 37 of 53 (b) Such attorney fees and litigation (b) Performing duties related to the expenses are for defense of that conduct of the insured's business; or party against a civil or alternative 2 Th dispute resolution proceeding in ( ) e spouse, child, parent, brother which damages to which this sister of that employee as a a insurance applies are alleged. consequence of Paragraph (1)above. c. Liquor Liability This exclusion applies whether the insured may be liable as an employer or in any "Bodily injury" or "property damage" for other capacity and to any obligation to which any insured may be held liable by share damages with or repay someone else reason of: who must pay damages because of the (1) Causing or contributing to the injury. intoxication of any person; This exclusion does not apply to liability (2) The furnishing of alcoholic beverages to assumed by the insured under an "insured a person under the legal drinking age or contract". under the influence of alcohol; or f. Pollution (3) Any statute, ordinance or regulation (1) "Bodily injury" or "property damage" relating to the sale, gift, distribution or arising out of the actual, alleged or use of alcoholic beverages. threatened discharge, dispersal, This exclusion applies even if the claims seepage, migration, release or escape allege negligence or other wrongdoing in: of"pollutants": (a) The supervision, hiring, employment, (a) At or from any premises, site or training or monitoring of others by an location which is or was at any time insured; or owned or occupied by, or rented or loaned to, any insured. However, this (b) Providing or failing to provide subparagraph does not apply to: transportation with respect to any person that may be under the (i) "Bodily injury" if sustained within influence of alcohol; a building and caused by smoke, fumes, vapor or soot produced by if the occurrence which caused the bodily or originating from equipment that injury or property damage", involved that is used to heat, cool or which is described in Paragraph (1), (2) or (3)above. dehumidify the building, or equipment that is used to heat However, this exclusion applies only if you water for personal use, by the are in the business of manufacturing, building's occupants or their distributing, selling, serving or furnishing guests; alcoholic beverages. For the purposes of (II) "Bodily injury" or "property this exclusion, permitting a person to bring damage" for which you may be alcoholic beverages on your premises, for held liable, if you are a contractor consumption on your premises, whether or and the owner or lessee of such not a fee is charged or a license is required premises, site or location has for such activity, is not by itself considered been added to your policy as an the business of selling, serving or furnishing additional insured with respect to alcoholic beverages. your ongoing operations d. Workers'Compensation And Similar performed for that additional Laws insured at that premises, site or Any obligation of the insured under a location and such premises, site workers' compensation, disability benefits or location is not and never was or unemployment compensation law or any owned or occupied by, or rented similar law. or loaned to, any insured, other than that additional insured; or e. Employers Liability ( )iii "Bodilyin u " or "property "Bodily injury"to: damage" arising out of hea (1) An "employee" of the insured arising out smoke or fumes from a "hostile of and in the course of: fire"; (a) Employment by the insured; or Page 38 of 53 © Insurance Services Office, Inc., 2012 BP 00 03 0713 (b) At or from any premises, site or (ii) "Bodily injury" or "property location which is or was at any time damage sustained within a used by or for any insured or others building and caused by the for the handling, storage, disposal, release of gases, fumes or processing or treatment of waste; vapors from materials brought (c) Which are or were at any time into that building in connection transported, handled, stored, treated, with operations being performed disposed of, or processed as waste by you or on your behalf by a by or for: contractor or subcontractor; or (i) Any insured; or (iii) "Bodily injury" or "property damage arising out of heat, (ii) Any person or organization for smoke or fumes from a "hostile whom you may be legally fire"; or responsible; (e) At or from any premises, site or (d) At or from any premises, site or location on which any insured or any location on which any insured or any contractors or subcontractors contractors or subcontractors working directly or indirectly on any working directly or indirectly on any insured's behalf are performing insured's behalf are performing operations if the operations are to operations if the "pollutants" are test for, monitor, clean up, remove, brought on or to the premises, site or contain, treat, detoxify or neutralize, location in connection with such or in any way respond to, or assess operations by such insured, the effects of, "pollutants". contractor or subcontractor. However, this subparagraph does (2) Any loss, cost or expense arising out of not apply to: any: (a) Request, demand, order or statutory (i) Bodily injury' or 'property or regulatory requirement that any damage' arising out of the escape of fuels, lubricants or insured or others test for, monitor, other operating fluids which are clean up, remove, contain, treat, needed to perform the normal detoxify or neutralize, or in any way electrical, hydraulic or respond to, or assess the effects of, mechanical functions necessary pollutants ; or for the operation of "mobile (b) Claim or "suit" by or on behalf of a equipment" or its parts, if such governmental authority for damages fuels, lubricants or other because of testing for, monitoring, operating fluids escape from a cleaning up, removing, containing, vehicle part designed to hold, treating, detoxifying or neutralizing, store or receive them. This or in any way responding to, or exception does not apply if the assessing the effects of, "pollutants". "bodily injury" or "property However, this paragraph does not apply damage" arises out of the to liability for damages because of intentional discharge, dispersal or "property damage" that the insured release of the fuels, lubricants or would have in the absence of such other operating fluids, or if such request, demand, order or statutory or fuels, lubricants or other regulatory requirement or such claim or operating fluids are brought on or "suit" by or on behalf of a governmental to the premises, site or location authority. with the intent that they be discharged, dispersed or g. Aircraft,Auto Or Watercraft released as part of the operations "Bodily injury" or "property damage" arising being performed by such insured, out of the ownership, maintenance, use or contractor or subcontractor; 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". BP 00 03 07 13 ©Insurance Services Office, Inc., 2012 Page 39 of 53 This exclusion applies even if the claims h. Mobile Equipment allege negligence or other wrongdoing in "Bodily injury" or "property damage" arising the supervision, hiring, employment, out of: training or monitoring of others by an insured, if the "occurrence" which caused (1) The transportation of "mobile the "bodily injury" or "property damage" equipment" by an "auto" owned or involved the ownership, maintenance, use operated by or rented or loaned to any or entrustment to others of any aircraft, insured; or "auto" or watercraft that is owned or (2) The use of "mobile equipment" in, or operated by or rented or loaned to any while in practice for, or while being insured. prepared for, any prearranged racing, This exclusion does not apply to: speed, demolition or stunting activity. (1) A watercraft while ashore on premises i. War you own or rent; "Bodily injury", "property damage" or (2) A watercraft you do not own that is: "personal and advertising injury", however (a) Less than 51 feet long; and caused, arising, directly or indirectly, out of: (b) Not being used to carry persons or (1) War, including undeclared or civil war; property for a charge; (2) Warlike action by a military force, (3) Parking an "auto" on, or on the ways including action in hindering or next to, premises you own or rent, defending against an actual or expected provided the "auto" is not owned by or attack, by any government, sovereign or rented or loaned to you or the insured; other authority using military personnel or other agents; or (4) Liability assumed under any "insured (3) Insurrection rebellion, revolution contract for the ownership, usurped power, or action taken by maintenance or use of aircraft or government authority in hindering or watercraft; or defending against any of these. (5) "Bodily injury" or "property damage" j. Professional Services arising out of: "Bodily injury", "property damage" or (a) The operation of machinery or "personal and advertising injury" caused by equipment that is attached to, or part the rendering or failure to render any of, a land vehicle that would qualify professional service. This includes but is under the definition of "mobile not limited to: equipment if it were not subject to a compulsory or financial responsibility (1) Legal, accounting or advertising law or other motor vehicle insurance services; or motor vehicle registration law (2) Preparing, approving, or failing to where it is licensed or principally prepare or approve maps, drawings, garaged; or opinions, reports, surveys, change (b) The operation of any of the following orders, designs or specifications; machinery or equipment: (3) Supervisory, inspection or engineering (1) Cherry pickers and similar services; devices mounted on automobile (4) Medical, surgical, dental, X-ray or or truck chassis and used to raise nursing services treatment, advice or or lower workers; and instruction; (ii) Air compressors, pumps and (5) Any health or therapeutic service generators, including spraying, treatment, advice or instruction; welding, building cleaning, (6) Any service, treatment, advice or geophysical exploration, lighting instruction for the purpose of and well servicing equipment. appearance or skin enhancement, hair removal or replacement or personal grooming; Page 40 of 53 ©Insurance Services Office, Inc., 2012 BP 00 03 0713 (7) Optometry or optical or hearing aid Paragraph (2) of this exclusion does not services including the prescribing, apply if the premises are "your work" and preparation, fitting, demonstration or were never occupied, rented or held for distribution of ophthalmic lenses and rental by you. similar products or hearing aid devices; Paragraphs (3), (4), (5) and (6) of this (8) Body piercing services; and exclusion do not apply to liability assumed (9) Services in the practice of pharmacy. under a sidetrack agreement. This exclusion applies even if the claims Paragraph (6) of this exclusion does not apply to "property damage" included in the allege negligence or other wrongdoing in the supervision, hiring, employment, "products-completed operations hazard". training or monitoring of others by an I. Damage To Your Product insured, if the "occurrence" which caused "Property damage"to "your product" arising the "bodily injury" or "property damage", or out of it or any part of it. the offense which caused the"personal and advertising injury", involved the rendering or m. Damage To Your Work failure to render of any professional service. "Property damage" to "your work" arising k. Damage To Property out of it or any part of it and included in the "Property damage"to: "products-completed operations hazard". (1) Property you own, rent or occupy, This exclusion does not apply if the including an costs t expenses damaged work or the work out of which the Y P damage arises was performed on your incurred by you, or any other person, behalf by a subcontractor. organization or entity, for repair, replacement, enhancement, restoration n. Damage To Impaired Property Or or maintenance of such property for any Property Not Physically Injured reason, including prevention of injury to "Property damage"to"impaired property"or a person or damage to another's property that has not been physically property; injured, arising out of: (2) Premises you sell, give away or (1) A defect, deficiency, inadequacy or abandon, if the "property damage" dangerous condition in "your product" or arises out of any part of those premises; "your work"; or (3) Property loaned to you; (2) A delay or failure by you or anyone (4) Personal property in the care, custody acting on your behalf to perform a or control of the insured; contract or agreement in accordance with its terms. (5) That particular part of real property on which you or any contractor or This exclusion does not apply to the loss of subcontractor working directly or use of other property arising out of sudden indirectly on your behalf is performing and accidental physical injury to "your operations, if the "property damage" product" or"your work" after it has been put arises out of those operations; or to its intended use. (6) That particular part of any property that o. Recall Of Products,Work Or Impaired must be restored, repaired or replaced Property because "your work" was incorrectly Damages claimed for any loss, cost or performed on it. expense incurred by you or others for the Paragraphs (1), (3) and (4) of this exclusion loss of use, withdrawal, recall, inspection, do not apply to "property damage" (other repair, replacement, adjustment, removal or than damage by fire) to premises, including disposal of: the contents of such premises, rented to (1) "Your product"; you for a period of seven or fewer (2) "Your work"; or consecutive days. A separate Limit of Insurance applies to Damage To Premises (3) "Impaired property"; Rented To You as described in Paragraph D. Liability And Medical Expenses Limits Of Insurance in Section II—Liability. BP 00 03 07 13 ©Insurance Services Office, Inc., 2012 Page 41 of 53 if such product, work or property is For the purposes of this exclusion, the withdrawn or recalled from the market or placing of frames, borders or links, or from use by any person or organization advertising, for you or others anywhere because of a known or suspected defect, on the Internet, by itself, is not deficiency, inadequacy or dangerous considered the business of advertising, condition in it. broadcasting, publishing or telecasting; p. Personal And Advertising Injury (9) Arising out of the actual, alleged or "Personal and advertising injury": threatened discharge, dispersal, seepage, migration, release or escape (1) Caused by or at the direction of the of"pollutants"at any time; insured with the knowledge that the act 10 With respect to an loss, cost or would violate the rights of another and ( ) p Y would inflict "personal and advertising expense arising out of any: injury"; (a) Request, demand or order that any (2) Arising out of oral or written publication, insured or others test for, monitor, in any manner, of material, if done by or clean up, remove, contain, treat, at the direction of the insured with detoxify or neutralize, or in any way knowledge of its falsity; respond to, or assess the effects of, (3) Arising out of oral or written publication, "pollutants"; or in any manner, of material whose first (b) Claim or "suit" by or on behalf of a publication took place before the governmental authority for damages beginning of the policy period; because of testing for, monitoring, cleaning up, removing, containing, (4) For which the insured has assumed treating, detoxifying or neutralizing, liability in a contract or agreement. This or in any way responding to, or exclusion does not apply to liability for assessing the effects of, "pollutants"; damages that the insured would have in the absence of the contract or (11) Arising out of an electronic chatroom or agreement; bulletin board the insured hosts, owns or over which the insured exercises (5) Arising out of a breach of contract, control; except an implied contract to use another's advertising idea in your (12) Arising out of the infringement of "advertisement"; copyright, patent, trademark, trade secret or other intellectual property (6) Arising out of the failure of goods, rights. Under this exclusion, such other products or services to conform with any intellectual property rights do not include statement of quality or performance the use of another's advertising idea in made in your"advertisement"; your"advertisement". (7) Arising out of the wrong description of However, this exclusion does not apply the price of goods, products or services to infringement, in your"advertisement", stated in your"advertisement"; of copyright, trade dress or slogan; (8) Committed by an insured whose (13) Arising out of the unauthorized use of business is: another's name or product in your e-mail (a) Advertising, broadcasting, publishing address, domain name or metatags, or or telecasting; any other similar tactics to mislead (b) Designing or determining content of another's potential customers. web sites for others; or q. Electronic Data (c) An Internet search, access, content Damages arising out of the loss of, loss of or service provider. use of, damage to, corruption of, inability to However, this exclusion does not apply access, or inability to manipulate electronic to Paragraphs 14.a., b. and c. of data. "personal and advertising injury" under However, this exclusion does not apply to Paragraph F. Liability And Medical liability for damages because of "bodily Expenses Definitions. injury". Page 42 of 53 ©Insurance Services Office, Inc., 2012 BP 00 03 0713 As used in this exclusion, electronic data Exclusions c., d., e., f., g., h., i., k., I., m., n. means information, facts or computer and o. in Section II — Liability do not apply to programs stored as or on, created or used damage by firs: to premises while rented to on, or transmitted to or from computer you, or temporarily occupied by you with software (including systems and permission of the owner. A separate Damage applications software), on hard or floppy To Premises Rented To You Limit of Insurance disks, CD-ROMs, tapes, drives, cells, data applies to this coverage as described in processing devices or any other Paragraph D. Liability And Medical Expenses repositories of computer software which are Limits of Insurance in Section II—Liability. used with electronically controlled 2. Applicable To Medical Expenses Coverage equipment. The term computer programs, referred to in the foregoing description of We will not pay expenses for"bodily injury": electronic data, means a set of related a. To any insured, except"volunteer workers". electronic instructions which direct the b. To a person hired to do work for or on operations and functions of a computer or behalf of any insured or a tenant of any device connected to it, which enable the insured. computer or device to receive, process, store, retrieve or send data. c. To a person injured on that part of premises r. Criminal Acts you own or rent that the person normally occupies. "Personal and advertising injury" arising out d. To a person, whether or not an "employee" of a criminal act committed by or at the of any insured, if benefits for the "bodily direction of the insured. injury" are payable or must be provided s. Recording And Distribution Of Material under a workers' compensation or disability Or Information In Violation Of Law benefits law or a similar law. "Bodily injury", "property damage" or e. To a person injured while practicing, "personal and advertising injury" arising instructing or participating in any physical directly or indirectly out of any action or exercises or games, sports or athletic omission that violates or is alleged to contests. violate: f. Included within the "products-completed (1) The Telephone Consumer Protection operations hazard". Act (TCPA), including any amendment g. Excluded under Business Liability of or addition to such law; Coverage. (2) The CAN-SPAM Act of 2003, including 3. Applicable To Both Business Liability any amendment of or addition to such Coverage And Medical Expenses Coverage law; —Nuclear Energy Liability Exclusion (3) The Fair Credit Reporting Act (FCRA), This insurance does not apply: and any amendment of or addition to such law, including the Fair and a. Under Business Liability Coverage, to Accurate Credit Transaction Act "bodily injury"or"property damage": (FACTA); or (1) With respect to which an insured under (4) Any federal, state or local statute, the policy is also an insured under a ordinance or regulation, other than the nuclear energy liability policy issued by TCPA, CAN-SPAM Act of 2003 or the Nuclear Energy Liability Insurance FCRA and their amendments and Association, Mutual Atomic Energy additions, that addresses, prohibits, or Liability Underwriters or Nuclear limits the printing, dissemination, Insurance Association of Canada, or disposal, collecting, recording, sending, would be an insured under any such transmitting, communicating or policy but for its termination upon distribution of material or information. exhaustion of its limit of liability; or BP 00 03 07 13 0 Insurance Services Office, Inc., 2012 Page 43 of 53 (2) Resulting from the "hazardous (2) "Hazardous properties" include properties" of "nuclear material" and radioactive, toxic or explosive with respect to which: properties; (a) Any person or organization is (3) "Nuclear facility"means: required to maintain financial (a) Any"nuclear reactor' protection pursuant to the Atomic Energy Act of 1954, or any law (b) Any equipment or device designed amendatory thereof; or or used for: (b) The insured is, or had this policy not (i) Separating the isotopes of been issued would be, entitled to uranium or plutonium; indemnity from the United States of (ii) Processing or utilizing "spent America, or any agency thereof, fuel'; or under any agreement entered into by the United States of America, or any (iii) Handling, processing or agency thereof, with any person or packaging"waste"; organization. (c) Any equipment or device used for b. Under Medical Expenses Coverage, to the processing, fabricating or alloying of "special nuclear material" expenses incurred with respect to bodily injury" resulting from the "hazardous if at any time the total amount of properties" of"nuclear material" and arising such material in the custody of the out of the operation of a "nuclear facility" by insured at the premises where such any person or organization. equipment or device is located consists of or contains more than 25 c. Under Business Liability Coverage, to grams of plutonium or uranium 233 "bodily injury" or "property damage" or any combination thereof, or more resulting from the "hazardous properties" of than 250 grams of uranium 235; the"nuclear material"; if: (d) Any structure, basin, excavation, (1) The"nuclear material": premises or place prepared or used (a) Is at any "nuclear facility" owned by, for the storage or disposal of or operated by or on behalf of, an "waste'; insured; or and includes the site on which any of the (b) Has been discharged or dispersed foregoing is located, all operations therefrom; conducted on such site and all premises (2) The "nuclear material" is contained in used for such operations; "spent fuel" or "waste" at any time (4) "Nuclear material" means "source possessed, handled, used, processed, material", "special nuclear material" or stored, transported or disposed of by or "by-product material' on behalf of an insured; or (5) "Nuclear reactor" means any apparatus (3) The "bodily injury" or"property damage" designed or used to sustain nuclear arises out of the furnishing by an fission in a self-supporting chain insured of services, materials, parts or reaction or to contain a critical mass of equipment in connection with the fissionable material; planning, construction, maintenance, (6) "Property damage" includes all forms of operation or use of any"nuclear facility'; radioactive contamination of property; but if such facility is located within the (7) "Source material" has the meaning United States of America, its territories given it in the Atomic Energy Act of or possessions or Canada, this 1954 or in any law amendatory thereof; Exclusion (3) applies only to "property damage" to such "nuclear facility" and (8) "Special nuclear material" has the any property thereat. meaning given it in the Atomic Energy d. As used in this exclusion: Act of 1954 or in any law amendatory thereof; (1) "By-product material" has the meaning (9) thereof; fuel" means any fuel element or given it in the Atomic Energy Act of fuel component, solid or liquid, which 1954 or in any law amendatory thereof; has been used or exposed to radiation in a"nuclear reactor'; Page 44 of 53 0 Insurance Services Office, Inc., 2012 BP 00 03 07 13 (10) "Waste" means any waste material: 2. Each of the following is also an insured: (a) Containing "by-product material' a. Your "volunteer workers" only while other than the tailings or wastes performing duties related to the conduct of produced by the extraction or your business, or your "employees", other concentration of uranium or thorium than either your "executive officers" (if you from any ore processed primarily for are an organization other than a its"source material'content; and partnership, joint venture or limited liability (b) Resulting from the operation by any company) or your managers (if you are a person or organization of any limited liability company), but only for acts "nuclear facility" included under within the scope of their employment by you Paragraphs (a) and (b) of the or while performing duties related to the definition of"nuclear facility". conduct of your business. However, none of these "employees" or "volunteer workers" C. Who Is An Insured are insureds for: 1. If you are designated in the Declarations as: (1) 'Bodily injury" or "personal and a. An individual, you and your spouse are advertising injury": insureds, but only with respect to the (a) To you, to your partners or members conduct of a business of which you are the (if you are a partnership or joint sole owner. venture), to your members (if you are b. A partnership or joint venture, you are an a limited liability company), or to a insured. Your members, your partners and co-"employee" while in the course of their spouses are also insureds, but only his or her employment or performing with respect to the conduct of your duties related to the conduct of your business. business, or to your other "volunteer c. A limited liability company, you are an workers" while performing duties insured. Your members are also insureds, related to the conduct of your but only with respect to the conduct of your business; business. Your managers are insureds, but (b) To the spouse, child, parent, brother only with respect to their duties as your or sister of that co-"employee" as a managers. consequence of Paragraph (a) d. An organization other than a partnership, above; joint venture or limited liability company, (c) For which there is any obligation to you are an insured. Your "executive share damages with or repay officers"and directors are insureds, but only someone else who must pay with respect to their duties as your officers damages because of the injury or directors. Your stockholders are also described in Paragraph (a)or(b); or insureds, but only with respect to their (d) Arising out of his or her providing or liability as stockholders. failing to provide professional health e. A trust, you are an insured. Your trustees care services. are also insureds, but only with respect to (2) 'Property damage"to property: their duties as trustees. (a) Owned, occupied or used by; BP 00 03 07 13 ©Insurance Services Office, Inc., 2012 Page 45 of 53 (b) Rented to, in the care, custody or 3. The most we will pay under Business Liability control of, or over which physical Coverage for damages because of "property control is being exercised for any damage" to a premises while rented to you or purpose by; in the case of fire while rented to you or you, any of your"employees", "volunteer temporarily occupied by you with permission of workers", any partner or member (if you the owner is the applicable Damage To are a partnership or joint venture), or Premises Rented To You limit shown for that any member (if you are a limited liability premises in the Declarations. For a premises company). temporarily occupied by you, the applicable limit will be the highest Damage To Premises b. Any person (other than your employee or Rented To You limit shown in the Declarations. "volunteer worker"), or any organization while acting as your real estate manager. 4. Aggregate Limits c. Any person or organization having proper The most we will pay for: temporary custody of your property if you a. All "bodily injury" and "property damage" die, but only: that is included in the "products-completed (1) With respect to liability arising out of the operations hazard" is twice the Liability and maintenance or use of that property; Medical Expenses limit. and b. All: (2) Until your legal representative has been (1) "Bodily injury" and "property damage" appointed. except damages because of "bodily d. Your legal representative if you die, but only injury" or "property damage" included in with respect to duties as such. That the "products-completed operations representative will have all your rights and hazard"; duties under this policy. (2) Plus medical expenses; No person or organization is an insured with (3) Plus all "personal and advertising injury" respect to the conduct of any current or past caused by offenses committed; partnership, joint venture or limited liability is twice the Liability and Medical Expenses company that is not shown as a Named Insured in the Declarations. limit. D. Liability And Medical Expenses Limits Of Subject to Paragraph a. or b. above, whichever applies, the Damage To Premises Rented To Insurance You limit is the most we will pay for damages 1. The Limits of Insurance of Section II — Liability because of "property damage" to any one shown in the Declarations and the rules below premises, while rented to you, or in the case of fix the most we will pay regardless of the fire, while rented to you or temporarily number of: occupied by you with permission of the owner. a. Insureds; The Limits of Insurance of Section If — Liability b. Claims made or"suits"brought; or apply separately to each consecutive annual period and to any remaining period of less than c. Persons or organizations making claims or 12 months, starting with the beginning of the bringing "suits". policy period shown in the Declarations, unless 2. The most we will pay for the sum of all the policy period is extended after issuance for damages because of all: an additional period of less than 12 months. In a. "Bodily injury", "property damage" and that case, the additional period will be deemed medical expenses arising out of any one part of the last preceding period for purposes "occurrence'; and of determining the Limits of Insurance. b. "Personal and advertising injury" sustained E. Liability And Medical Expenses General by any one person or organization; Conditions is the Liability and Medical Expenses limit 1. Bankruptcy shown in the Declarations. But the most we will Bankruptcy or insolvency of the insured or of pay for all medical expenses because of the insured's estate will not relieve us of our "bodily injury" sustained by any one person is obligations under this policy. the Medical Expenses limit shown in the Declarations. Page 46 of 53 ©Insurance Services Office, Inc., 2012 BP 00 03 0713 2. Duties In The Event Of Occurrence, A person or organization may sue us to Offense, Claim Or Suit recover on an agreed settlement or on a final a. You must see to it that we are notified as judgment against an insured; but we will not be soon as practicable of an "occurrence" or liable for damages that are not payable under an offense which may result in a claim. To the terms of this policy or that are in excess of the extent possible, notice should include: the applicable Limit of Insurance. An agreed settlement means a settlement and release of (1) How, when and where the "occurrence" liability signed by us, the insured and the or offense took place; claimant or the claimant's legal representative. (2) The names and addresses of any 4. Separation Of Insureds injured persons and witnesses; and Except with respect to the Limits of Insurance (3) The nature and location of any injury or of Section II —Liability, and any rights or duties damage arising out of the "occurrence" specifically assigned in this policy to the first or offense. Named Insured, this insurance applies: b. If a claim is made or "suit" is brought a. As if each Named Insured were the only against any insured, you must: Named Insured; and (1) Immediately record the specifics of the b. Separately to each insured against whom claim or "suit" and the date received; claim is made or"suit" is brought. and F. Liability And Medical Expenses Definitions (2) Notify us as soon as practicable. 1. "Advertisement" means a notice that is You must see to it that we receive written broadcast or published to the general public or notice of the claim or "suit" as soon as specific market segments about your goods, practicable. products or services for the purpose of c. You and any other involved insured must: attracting customers or supporters. For the (1) Immediately send us copies of any purposes of this definition: demands, notices, summonses or legal a. Notices that are published include material papers received in connection with the placed on the Internet or on similar claim or"suit'; electronic means of communication; and (2) Authorize us to obtain records and other b. Regarding web sites, only that part of a web information; site that is about your goods, products or (3) Cooperate with us in the investigation or services for the purposes of attracting settlement of the claim or defense customers or supporters is considered an against the"suit'; and advertisement. (4) Assist us, upon our request, in the 2. "Auto" means: enforcement of any right against any a. A land motor vehicle, trailer or semitrailer person or organization that may be designed for travel on public roads, liable to the insured because of injury or including any attached machinery or damage to which this insurance may equipment; or also apply. b. Any other land vehicle that is subject to a d. No insured will, except at that insured's own compulsory or financial responsibility law or cost, voluntarily make a payment, assume other motor vehicle insurance or motor any obligation, or incur any expense, other vehicle registration law where it is licensed than for first aid, without our consent. or principally garaged. 3. Legal Action Against Us However, "auto" does not include "mobile No person or organization has a right under equipment". this policy: 3. "Bodily injury" means bodily injury, sickness or a. To join us as a party or otherwise bring us disease sustained by a person, including death into a suit asking for damages from an resulting from any of these at any time. insured; or 4. "Coverage territory"means: b. To sue us on this policy unless all of its a. The United States of America (including its terms have been fully complied with. territories and possessions), Puerto Rico and Canada; BP 00 03 0713 ©Insurance Services Office, Inc., 2012 Page 47 of 53 b. International waters or airspace, but only if b. A sidetrack agreement; the injury or damage occurs in the course of c. Any easement or license agreement, travel or transportation between any places except in connection with construction or included in Paragraph a. above; or demolition operations on or within 50 feet of c. All other parts of the world if the injury or a railroad; damage arises out of: d. An obligation, as required by ordinance, to (1) Goods or products made or sold by you indemnify a municipality, except in in the territory described in Paragraph a. connection with work for a municipality; above; e. An elevator maintenance agreement; (2) The activities of a person whose home f. That part of any other contract or is in the territory described in Paragraph a. above, but is away for a short time on agreement pertaining to your business (including an indemnification of a your business; or municipality in connection with work (3) "Personal and advertising injury" performed for a municipality) under which offenses that take place through the you assume the tort liability of another party Internet or similar electronic means of to pay for "bodily injury" or "property communication; damage" to a third person or organization. provided the insured's responsibility to pay Tort liability means a liability that would be damages is determined in a "suit"on the merits imposed by law in the absence of any in the territory described in Paragraph a. above contract or agreement. or in a settlement we agree to. Paragraph f, does not include that part of 5. "Employee" includes a "leased worker". any contract or agreement: "Employee" does not include a "temporary (1) That indemnifies a railroad for "bodily worker". injury" or "property damage" arising out 6. "Executive officer" means a person holding any of construction or demolition operations, of the officer positions created by your charter, within 50 feet of any railroad property constitution, bylaws or any other similar and affecting any railroad bridge or governing document. trestle, tracks, roadbeds, tunnel, 7. Hostile fire means one which becomes underpass or crossing; uncontrollable or breaks out from where it was (2) That indemnifies an architect, engineer intended to be. or surveyor for injury or damage arising 8. "Impaired property" means tangible property, out of: other than "your product" or "your work", that (a) Preparing, approving or failing to cannot be used or is less useful because: prepare or approve maps, drawings, opinions, reports, surveys, change a. It incorporates your product or your work orders, designs or specifications; or that is known or thought to be defective, deficient, inadequate or dangerous; or (b) Giving directions or instructions, or failing to give them, if that is the b. You have failed to fulfill the terms of a primary cause of the injury or contract or agreement; damage; or if such property can be restored to use by: (3) Under which the insured, if an architect, (1) The repair, replacement, adjustment or engineer or surveyor, assumes liability removal of"your product"or"your work'; for an injury or damage arising out of the or insured's rendering or failure to render (2) Your fulfilling the terms of the contract or professional services, including those agreement. listed in Paragraph (2) above and supervisory, inspection or engineering 9. "Insured contract"means: services. a. A contract for a lease of premises. 10. "Leased worker"means a person leased to you However, that portion of the contract for a by a labor leasing firm under an agreement lease of premises that indemnifies any between you and the labor leasing firm, to person or organization for damage by fire to perform duties related to the conduct of your premises while rented to you or temporarily business. "Leased worker" does not include a occupied by you with permission of the "temporary worker". owner is not an "insured contract"; Page 48 of 53 0 Insurance Services Office, Inc., 2012 BP 00 03 0713 11. "Loading or unloading" means the handling of However, self-propelled vehicles with the property: following types of permanently attached a. After it is moved from the place where it is equipment are not "mobile equipment" but will be considered"autos": accepted for movement into or onto an aircraft,watercraft or"auto'; (1) Equipment designed primarily for: b. While it is in or on an aircraft, watercraft or (a) Snow removal; "auto"; or (b) Road maintenance, but not c. While it is being moved from an aircraft, construction or resurfacing; or watercraft or "auto" to the place where it is (c) Street cleaning; finally delivered; or unloading" not include the (2) Cherry pickers and similar devices but "loading 9 mounted on automobile or truck chassis movement of property by means of a and used to raise or lower workers; and mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or (3) Air compressors, pumps and "auto". generators, including spraying, welding, 12. Mobile equipment" means an of the following building cleaning, geophysical " Y g exploration, lighting and well servicing types of land vehicles, including any attached equipment. machinery or equipment: a. Bulldozers, farm machine forklifts and However, "mobile equipment" does not include machinery, land vehicles that are subject to a compulsory other vehicles designed for use principally or financial responsibility law or other motor off public roads; vehicle insurance or motor vehicle registration b. Vehicles maintained for use solely on or law where they are licensed or principally next to premises you own or rent; garaged. Land vehicles subject to a c. Vehicles that travel on crawler treads; compulsory or financial responsibility law or other motor vehicle insurance law or motor d. Vehicles, whether self-propelled or not, on vehicle registration law are considered"autos". which are permanently mounted: 13. "Occurrence" means an accident, including (1) Power cranes, shovels, loaders, diggers continuous or repeated exposure to or drills; or substantially the same general harmful (2) Road construction or resurfacing conditions. equipment such as graders, scrapers or 14. "Personal and advertising injury" means injury, rollers; including consequential "bodily injury", arising e. Vehicles not described in Paragraph a., b., out of one or more of the following offenses: c. or d. above that are not self-propelled a. False arrest, detention or imprisonment; and are maintained primarily to provide mobility to permanently attached equipment b. Malicious prosecution; of the following types: c. The wrongful eviction from, wrongful entry (1) Air compressors, pumps and into, or invasion of the right of private generators, including spraying, welding, occupancy of a room, dwelling or premises building cleaning, geophysical that a person occupies, committed by or on exploration, lighting and well servicing behalf of its owner, landlord or lessor; equipment; or d. Oral or written publication, in any manner, (2) Cherry pickers and similar devices used of material that slanders or libels a person to raise or lower workers; or organization or disparages a person's or organization,s goods, products or services; f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for e. Oral or written publication, in any manner, purposes other than the transportation of of material that violates a person's right of persons or cargo. privacy; BP 00 03 0713 © Insurance Services Office, Inc., 2012 Page 49 of 53 f. The use of another's advertising idea in 17. "Property damage" means: your"advertisement'; or a. Physical injury to tangible property, g. Infringing upon another's copyright, trade including all resulting loss of use of that dress or slogan in your"advertisement". property. All such loss of use shall be 15. "Pollutants"means any solid, liquid, gaseous or deemed to occur at the time of the physical thermal irritant or contaminant, including injury that caused it; or smoke, vapor, soot, fumes, acids, alkalis, b. Loss of use of tangible property that is not chemicals and waste. Waste includes materials physically injured. All such loss of use shall to be recycled, reconditioned or reclaimed. be deemed to occur at the time of the 16. "Products-completed operations hazard": "occurrence"that caused it. a. Includes all "bodily injury" and "property For the purposes of this insurance, electronic damage"occurring away from premises you data is not tangible property. own or rent and arising out of"your product" As used in this definition, electronic data or"your work"except: means information, facts or programs stored (1) Products that are still in your physical as, created or used on, or transmitted to or possession; or from computer software, including systems and applications software, hard or floppy disks, CD- (2) Work that has not yet been completed ROMs, tapes, drives, cells, data processing or abandoned. However, "your work"will devices or any other media which are used be deemed completed at the earliest of with electronically controlled equipment. the following times: 18. "Suit" means a civil proceeding in which (a) When all of the work called for in damages because of "bodily injury", "property your contract has been completed. damage", or "personal and advertising injury" (b) When all of the work to be done at to which this insurance applies are alleged. the job site has been completed if "Suit" includes: your contract calls for work at more a. An arbitration proceeding in which such than one job site. damages are claimed and to which the (c) When that part of the work done at insured must submit or does submit with the job site has been put to its our consent; or intended use by any other person or b. Any other alternative dispute resolution organization other than another proceeding in which such damages are contractor or subcontractor working claimed and to which the insured submits on the same project. with our consent. Work that may need service, 19. "Temporary worker" means a person who is maintenance, correction, repair or furnished to you to substitute for a permanent replacement, but which is otherwise "employee" on leave or to meet seasonal or complete,will be treated as completed. short-term workload conditions. The "bodily injury" or "property damage" 20. "Volunteer worker" means a person who is not must occur away from premises you own or your "employee", and who donates his or her rent, unless your business includes the work and acts at the direction of and within the selling, handling or distribution of "your scope of duties determined by you, and is not product" for consumption on premises you paid a fee, salary or other compensation by own or rent. you or anyone else for their work performed for b. Does not include "bodily injury" or"property you. damage"arising out of: 21. "Your product": (1) The transportation of property, unless a. Means: the injury or damage arises out of a condition in or on a vehicle not owned or (1) Any goods or products, other than real operated by you, and that condition was property, manufactured, sold, handled, created by the "loading or unloading" of distributed or disposed of by: that vehicle by any insured; or (a) You; (2) The existence of tools, uninstalled (b) Others trading under your name; or equipment or abandoned or unused materials. Page 50 of 53 ©Insurance Services Office, Inc., 2012 BP 00 03 0713 (c) A person or organization whose Buildings with 65% or more of the rental business or assets you have units or floor area vacant or unoccupied acquired; and are considered unoccupied under this (2) Containers (other than vehicles), provision. materials, parts or equipment furnished (2) After damage by a Covered Cause of in connection_ with such goods or Loss, permanent repairs to the building: products. (a) Have not started; and b. Includes: (b) Have not been contracted for; (1) Warranties or representations made at within 30 days of initial payment of loss. any time with respect to the fitness, quality, durability, performance or use of (3) The building has: "your product"; and (a) An outstanding order to vacate; (2) The providing of or failure to provide (b) An outstanding demolition order; or warnings or instructions. (c) Been declared unsafe by c. Does not include vending machines or governmental authority. other property rented to or located for the (4) Fixed and salvageable items have been use of others but not sold. or are being removed from the building 22. "Your work": and are not being replaced. This does a. Means: not apply to such removal that is necessary or incidental to any (1) Work or operations performed by you or renovation or remodeling. on your behalf; and (2) Materials, parts or equipment furnished (5) Failure to: in connection with such work or (a) Furnish necessary heat, water, operations. sewer service or electricity for 30 b. Includes: consecutive days or more, except during a period of seasonal (1) Warranties or representations made at unoccupancy; or any time with respect to the fitness, (b) Pay property taxes that are owing quality, durability, performance or use of and have been outstanding for more "your work"; and than one year following the date due, (2) The providing of or failure to provide except that this provision will not warnings or instructions. apply where you are in a bona fide SECTION III—COMMON POLICY CONDITIONS dispute with the taxing authority (APPLICABLE TO SECTION I—PROPERTY AND regarding payment of such taxes. SECTION II—LIABILITY) b. 10 days before the effective date of A. Cancellation cancellation if we cancel for nonpayment of 1. The first Named Insured shown in the premium. Declarations may cancel this policy by mailing c. 30 days before the effective date of or delivering to us advance written notice of cancellation if we cancel for any other cancellation. reason. 2. We may cancel this policy by mailing or 3. We will mail or deliver our notice to the first delivering to the first Named Insured written Named Insured's last mailing address known to notice of cancellation at least: us. a. Five days before the effective date of 4. Notice of cancellation will state the effective cancellation if any one of the following date of cancellation. The policy period will end conditions exists at any building that is on that date. Covered Property in this policy: 5. If this policy is cancelled, we will send the first (1) The building has been vacant or Named Insured any premium refund due. If we unoccupied 60 or more consecutive cancel, the refund will be pro rata. If the first days. This does not apply to: Named Insured cancels, the refund may be less than pro rata. The cancellation will be (a) Seasonal unoccupancy; or effective even if we have not made or offered a (b) Buildings in the course of refund. construction, renovation or addition. BP 00 03 07 13 0 Insurance Services Office, Inc., 2012 Page 51 of 53 6. If notice is mailed, proof of mailing will be 4. Paragraph 2. of this condition does not apply to sufficient proof of notice. any inspections, surveys, reports or B. Changes recommendations we may make relative to certification, under state or municipal statutes, This policy contains all the agreements between ordinances or regulations, of boilers, pressure you and us concerning the insurance afforded. vessels or elevators. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this F. Insurance Under Two Or More Coverages policy with our consent. This policy's terms can be If two or more of this policy's coverages apply to amended or waived only by endorsement issued the same loss or damage, we will not pay more by us and made a part of this policy. than the actual amount of the loss or damage. C. Concealment, Misrepresentation Or Fraud G. Liberalization This policy is void in any case of fraud by you as it If we adopt any revision that would broaden the relates to this policy at any time. It is also void if coverage under this policy without additional you or any other insured, at any time, intentionally premium within 45 days prior to or during the conceals or misrepresents a material fact policy period, the broadened coverage will concerning: immediately apply to this policy. 1. This policy; H. Other Insurance 2. The Covered Property; 1. If there is other insurance covering the same 3. Your interest in the Covered Property; or loss or damage, we will pay only for the amount of covered loss or damage in excess of 4. A claim under this policy. the amount due from that other insurance, D. Examination Of Your Books And Records whether you can collect on it or not. But we will We may examine and audit your books and not pay more than the applicable Limit of records as they relate to this policy at any time Insurance of Section I—Property. during the policy period and up to three years 2. Business Liability Coverage is excess over: afterward. a. Any other insurance that insures for direct E. Inspections And Surveys physical loss or damage; or 1. We have the right to: b. Any other primary insurance available to a. Make inspections and surveys at any time; you covering liability for damages arising out of the premises or operations for which b. Give you reports on the conditions we find; you have been added as an additional and insured. c. Recommend changes. 3. When this insurance is excess, we will have no 2. We are not obligated to make any inspections, duty under Business Liability Coverage to surveys, reports or recommendations and any defend any claim or"suit"that any other insurer such actions we do undertake relate only to has a duty to defend. If no other insurer insurability and the premiums to be charged. defends, we will undertake to do so, but we will We do not make safety inspections. We do not be entitled to the insured's rights against all undertake to perform the duty of any person or those other insurers. organization to provide for the health or safety I. Premiums of workers or the public. And we do not warrant that conditions: 1. The first Named Insured shown in the Declarations: a. Are safe and healthful; or a. Is responsible for the payment of all b. Comply with laws, regulations, codes or premiums; and standards. b. Will be the payee for any return premiums 3. Paragraphs 1. and 2. of this condition apply not we pay. only to us, but also to any rating, advisory, rate 2. The premium shown in the Declarations was service or similar organization which makes computed based on rates in effect at the time insurance inspections, surveys, reports or recommendations. the policy was issued. On each renewal, continuation or anniversary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. Page 52 of 53 ©Insurance Services Office, Inc., 2012 BP 00 03 07 13 3. With our consent, you may continue this policy b. After a loss to your Covered Property only in force by paying a continuation premium for if, at time of loss, that party is one of the each successive one-year period. The following: premium must be: (1) Someone insured by this insurance; a. Paid to us prior to the anniversary date; and (2) A business firm: b. Determined in accordance with Paragraph (a) Owned or controlled by you; or 2. above. (b) That owns or controls you; or Our forms then in effect will apply. If ou do not y 3 Your tenant. pay the continuation premium, this policy will ( ) expire on the first anniversary date that we You may also accept the usual bills of lading or have not received the premium. shipping receipts limiting the liability of carriers. 4. Undeclared exposures or change in your This will not restrict your insurance. business operation, acquisition or use of 2. Applicable to Businessowners Liability locations may occur during the policy period Coverage: that are not shown in the Declarations. If so, we may require an additional premium. That If the insured has rights to recover all or part of premium will be determined in accordance with any payment we have made under this policy, our rates and rules then in effect. those rights are transferred to us. The insured J. Premium Audit must do nothing after loss to impair them. At our request, the insured will bring "suit" or 1. This policy is subject to audit if a premium transfer those rights to us and help us enforce designated as an advance premium is shown them. This condition does not apply to Medical in the Declarations. We will compute the final Expenses Coverage. premium due when we determine your actual L. Transfer Of Your Rights And Duties Under This exposures. Policy 2. Premium shown in this policy as advance Your rights and duties under this policy may not be premium is a deposit premium only. At the transferred without our written consent except in close of each audit period, we will compute the the case of death of an individual Named Insured. earned premium for that period and send notice to the first Named Insured. The due date If you (lie, your rights and duties will be transferred for audit premiums is the date shown as the to your legal representative but only while acting due date on the bill. If the sum of the advance within the scope of duties as your legal and audit premiums paid for the policy period is representative. Until your legal representative is greater than the earned premium, we will appointed, anyone having proper temporary return the excess to the first Named Insured. custody of your property will have your rights and 3. The first Named Insured must keep records of duties but only with respect to that property. the information we need for premium computation and send us copies at such times as we may request. K. Transfer Of Rights Of Recovery Against Others To Us 1. Applicable to Businessowners Property Coverage: If any person or organization to or for whom we make payment under this policy has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair thern. But you may waive your rights against another party in writing: a. Prior to a loss to your Covered Property. BP 00 03 07 13 0 Insurance Services Office, Inc., 2012 Page 53 of 53 GENETICALLY MODIFIED ORGANISM OR SUBSTANCE EXCLUSION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The policy is amended as follows: 1. The following exclusion is added to SECTION II—LIABILITY: This insurance does not apply to: Genetic Modifications (1) "Property damage" arising out of, in connection with, caused directly or indirectly by, or in any way related to any "genetically modified organism or substance", however caused, including but not limited to "property damage" arising out of or in connection with, caused directly or indirectly by, or in any way related to, the actual, alleged or threatened use, development, testing, discharge, disposal, dispersal, mishandling, migration, pollination, inhalation, ingestion, existence, breeding, presence, spread, release, or escape of, exposure to, or mixing, co-mingling or contact with, any "genetically modified organism or substance", regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such injury or damage. (2) Any loss, cost or expense arising out of any: (a) Request, demand, claim, "suit' or order that any insured or others abate, test for, monitor, clean up, remove, contain, treat, neutralize, detoxify, remediate, dispose of, or in any way respond to or assess the effects of any"genetically modified organism or substance"; or (b) Request, demand, claim, "suit' or order by or on behalf of a governmental authority for damages because of testing for, abating, cleaning up, removing, containing, treating, neutralizing, detoxifying, remediating, disposing or in any way responding to, or assessing the effect of any "genetically modified organism or substance". We will have no duty to investigate any claim or defend any"suit' arising out of or in any way related to any"genetically modified organism or substance" excluded by this endorsement. 2. The following definitions are added to SECTION II— LIABILITY, Section F. Liability and Medical Expenses Definitions: "Genetically modified" means a process through science, engineering, biotechnology, technology or any other means or method that changes, alters, mutates or manipulates the genome, the chromosomes, the sequence of DNA, or the DNA of a gene or otherwise modifies a gene, changes the genetic makeup of cells, silences, depresses, represses or lessens the expression of a gene, removes a gene, or moves one or more genes across species boundaries. The term "genetically modified" includes, but is not limited to, any novel combination of genetic material obtained through the use of modern biotechnology, genetic engineering, gene therapy, cloning, recombinant DNA technology, transgenic technology and nuclear BOP-43603(08/14) Page 1 of 2 transfer technology. However"genetically modified" does not mean the traditional horticultural practices of crossbreeding, plant limb grafting, or radiation breeding by random mutagenesis. "Genetically modified organism or substance" means any "genetically modified" food, feed, bean, seed, plant, grain, crop, shrub, tree, organism, virus, microbe, animal or any other material, organism, life form, or substance, living or dead. 3 The addition of this endorsement does not imply that other policy provisions, including but not limited to any "products-completed operations hazard" exclusion or pollution or contamination exclusion, do not also exclude coverage for any"genetically modified organism or substance". All other terms and conditions of this policy remain unchanged. BOP-43603(08/14) Page 2 of 2 ADDITIONAL NAMED INSURED ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The policy is amended as follows: The Declarations of the policy are amended to include the following persons or organizations as Named Insureds: All other terms and conditions of this policy remain unchanged p Y 9 BOP-43614(08/14) Page 1 of 1 LEAD EXCLUSION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: Businessowners Coverage Form The following supersedes and replaces any provisions of this policy to the contrary. This policy does not insure against loss or expense, including but not limited to the cost of defense for: 1. direct physical loss of or damage to Covered Property; 2. expense to remove debris of Covered Property; 3. any actual loss of Business Income you sustain due to the "suspension" of your "operations" during any "period of restoration"; 4. any extra expense you incur during any "period of restoration"; 5. damages for the devaluation of property or for the taking, use or acquisition or interference with the rights of others in property or air space; 6. any loss, cost or expense, including but not limited to fines or penalties, arising out of any governmental direction or request, or any private party or citizen action requiring, that an insured test for, monitor, clean up, remove, contain, treat, detoxify or neutralize lead; or 7. any litigation or administrative procedure in which an insured may be involved as a party; arising directly, indirectly, or in concurrence, or in any sequence with another cause of loss, out of actual, alleged or threatened existence, discharge, dispersal, release or escape of lead, whether or not such actual, alleged or threatened existence, discharge, release or escape is sudden, accidental or gradual in nature or expected or intended from the standpoint of any insured. This exclusion applies even if lead has a function in, or is used by you in your business, "operations", premises, site or location. This exclusion only applies if the insured structure(s) was built prior to 1980 and has a significant potential for lead loss exposure and has not undergone lead abatement. This exclusion does not apply to loss or expense arising out of heat, smoke or fumes from a "hostile fire" unless that"hostile fire" occurred or originated: 1. At the 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", or 2. At 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 to test for, monitor, cleanup, remove, contain, treat, detoxify, neutralize or in any way respond to, or assess the effects of lead. "Hostile fire" means a fire, which becomes uncontrollable or breaks out from where it was intended to be. "Waste" means any property intended to be disposed, recycled, reused or reclaimed by the owner or user thereof. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. Authorized Representative BOP-43830(06/14) Page 1 of 1 CHUBBO POLLUTION, ORGANIC PATHOGEN, SILICA,ASBESTOS AND LEAD EXCLUSION WITH HOSTILE FIRE AND HUMAN FOOD PRODUCT EXCEPTIONS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SECTION II—LIABILITY of the policy is amended as follows: Exclusion f. Pollution is deleted and replaced by the following: Pollution,Organic Pathogen,Silica,Asbestos and Lead (i) "Bodily injury"or"property damage";or (2) Diminishing or lessening in value of property or for damages from the taking, use or acquisition or interference with the rights of others in property or air space;or (3) Loss, cost or expense, including but not limited to payment for investigation or defense, fines and penalties, arising out of any governmental or any private party action, that an insured or any other party test for, monitor, clean up, remove, contain, mitigate, treat, detoxify or neutralize or in any way respond to or assess the actual or alleged effects of"pollutants","organic pathogens","silica",asbestos,or lead; arising directly, indirectly, in concurrence with or in any sequence out of the actual, alleged or threatened presence of or exposure to, ingestion, inhalation, absorption, contact with discharge, dispersal, seepage, release or escape of"pollutants", "organic pathogens", "silica", asbestos, or lead, whether or not any of the foregoing are (1)sudden,accidental or gradual in nature; (2)intentional;or(3)expected or intended from the standpoint of the insured. This exclusion applies even if the"pollutant", "organic pathogen","silica", asbestos,or lead has a function in,or is used by you in your business,operations,premises,site or location. 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: (1) At 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;or (2) At 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 to test for,monitor,clean up,remove,contain, treat,detoxify,neutralize or in any way respond to,or assess the effects of, "pollutants". This exclusion does not apply to "bodily injury" or "property damage" arising from the consumption of food products intended for human consumption. "Pollutants"mean[s] any solid,liquid,gaseous,bacterial,fungal, electromagnetic,thermal or other substance that can be toxic or hazardous, cause irritation to animals or persons and/or cause contamination to property and the environment including smoke, vapor, soot, fumes, acids, alkalis, chemicals, toxic materials, "volatile organic compound" and gases therefrom, radon, combustion byproducts and waste. Specific examples identified as pollutants include,but are not limited to,diesel,kerosene,and other fuel oils;carbon monoxide and other exhaust gases;mineral spirits and other solvents;tetrachloroethylene,perchloroethylene(PERC),trichloroethylene(TCE), methylene chloroform, and other dry cleaning chemicals; chlorofluorocarbons, chlorinated hydrocarbons, adhesives,pesticides,insecticides,and all substances specifically listed,identified, or described by one or more of the following references: Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Priority List Hazardous Substances (1997 and all subsequent editions), Agency for Toxic Substances And Disease Registry ToxFAQs", and/or U.S. Environmental Protection Agency EMCI Chemical References Complete Index. "Pollutants" includes the substances separately defined in this endorsement. BOP-43862(09/14) Page 1 of 2 "Silica"means silica in any form and any of its derivatives,including but not limited to silica dust,silicon dioxide, crystalline silica,quartz,or non-crystalline(amorphous)silica. "Volatile organic compound" means any compound which discharges organic gases as it decomposes or evaporates, examples of which include but are not limited to formaldehyde, pesticides, adhesives, construction materials made with organic chemicals,solvents,paint,varnish and cleaning products. "Waste"means any property intended to be disposed,recycled,reused or reclaimed by the owner or user thereof. "Organic pathogen" means any organic irritant or contaminant, including but not limited to mold, fungus, bacteria or virus,including but not limited to their byproduct such as mycotoxin,mildew,or biogenic aerosol. All other terms and conditions of this policy remain unchanged. BOP-43862(09/14) Page 2 of 2 Privacy Liability Insurance ® Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS COVERAGE SECTION IS A CLAIMS MADE AND REPORTED COVERAGE SECTION. EXCEPT AS OTHERWISE PROVIDED HEREIN,THIS COVERAGE SECTION COVERS ONLY CLAIMS FIRST MADE AGAINST THE INSUREDS AND REPORTED TO THE INSURER DURING THE POLICY PERIOD OR EXTENDING REPORTING PERIOD,IF APPLICABLE. PLEASE READ THIS COVERAGE SECTION CAREFULLY. THE LIMITS OF LIABILITY AVAILABLE TO PAY INSURED DAMAGES SHALL BE REDUCED BY AMOUNTS INCURRED FOR CLAIMS EXPENSES. FURTHER NOTE THAT AMOUNTS INCURRED FOR DAMAGES AND CLAIMS EXPENSES SHALL ALSO BE APPLIED AGAINST THE RETENTION AMOUNT. It is agreed that solely with respect to coverage afforded by this Endorsement, the Policy is amended as follows: In consideration of the payment of the premium, and subject to the Declarations and the terms and conditions of this coverage Endorsement, the Insureds and the Insurer agree that this Endorsement modifies the insurance provided under the following: BUSINESSOWNERS COVERAGE FORM (hereinafter, the Policy). The Policy is amended to add the following Insuring Agreement and its respective definitions, exclusions, and general terms and conditions as set forth herein, solely with respect Privacy Liability coverage. I. INSURING AGREEMENT Privacy Liability The Insurer will pay Damages and Claims Expenses excess of the applicable Retention by reason of a Claim first made against the Insured during the Policy Period and reported to the Insurer pursuant to Section Vill, Notice, for any Wrongful Acts taking place after the Retroactive Date and prior to the end of the Policy Period. II. DEFINITIONS When used in this Endorsement: A. Bodily Injury means injury to the body, sickness, or disease, and death. Bodily Injury also means mental injury, mental anguish, mental tension, emotional distress, pain and suffering, or shock, whether or not resulting from injury to the body, sickness, disease or death of any person. However, Bodily Injury does not mean mental injury, mental anguish, mental tension, emotional distress, pain and suffering, or shock resulting from a Wrongful Act for which coverage is provided under this Endorsement. B. Claim means: 1. a written demand against any Insured for monetary or non-monetary damages; 2. a civil proceeding against any Insured seeking monetary damages or non-monetary or injunctive relief, commenced by the service of a complaint or similar pleading; 3. an arbitration proceeding against any Insured seeking monetary damages or non-monetary or injunctive relief; or 4. a Regulatory Proceeding; including, where applicable, any appeal therefrom. C. Claims Expenses means: 1. reasonable and necessary attorneys' fees, expert witness fees and other fees and costs incurred by the Insurer, or by the Insured with the Insurer's prior written consent, in the investigation and defense of a covered Claim; and 2. reasonable and necessary premiums for any appeal bond, attachment bond or similar bond, provided the Insurer shall have no obligation to apply for or furnish such bond. Claims Expenses shall not include wages, salaries, fees or costs of directors, officers or employees of the Insurer or the Insured. BOP-45199(02/15) 02015© Page 1 of 12 D. Damages means compensatory damages, any award of prejudgment or post-judgment interest, and settlements which the Insured becomes legally obligated to pay on account of any Claim first made against any Insured during the Policy Period or, if elected, the Extended Reporting Period, for Wrongful Acts to which this Endorsement applies. Damages shall not include: 1. any amount for which the Insured is not financially liable or legally obligated to pay; 2. taxes, fines, penalties, or sanctions imposed against the Insured; (not applicable to Regulatory Proceeding) 3. matters uninsurable under the laws pursuant to which this Endorsement is construed; 4. the cost of any remedial, preventative or other non-monetary relief, including without limitation any costs associated with compliance with any such relief of any kind or nature imposed by any judgment, settlement or governmental authority, specific performance, or any agreement to provide such relief; 5. loss of fees or profits by the Insured, return of fees, commissions or royalties by the Insured, or re- performance of services by the Insured or under the Insured's supervision; 6. disgorgement of any profit, remuneration or financial advantage to which any Insured was not legally entitled; 7. liquidated damages pursuant to a contract, unless, even in the absence of such contract, the Insured would be liable for such damages as result of a Wrongful Act; 8. penalties of any nature, however denominated, arising by contract; and 9. any amounts other than those which compensate solely for a loss caused by a Wrongful Act. Damages includes punitive and exemplary damages to the extent such damages are insurable under the internal laws of the applicable jurisdiction that most favors coverage for such damages. E Domestic Partner means any natural person qualifying as a domestic partner under the provisions of any applicable federal, state or local law or under the provisions of any formal program established by the Insured. F. Extended Reporting Period means the period(s) for the extension of coverage, if applicable, described in Section V, Extended Reporting Periods. G Insured means: 1. The Named Insured; 2. Subsidiaries of the Named Insured, but only with respect to Wrongful Acts which occur while they are a Subsidiary; 3. any past, present or future principal, partner, officer, director, trustee, employee, leased employee, or temporary employee of the Named Insured or a Subsidiary, but only with respect to the commission of a Wrongful Act committed within the scope of such person's duties performed on behalf of the Named Insured or such Subsidiary; and 4. Independent contractors of the Named Insured or of a Subsidiary who are natural persons, but only with respect to the commission of a Wrongful Act within the scope of such person's duties performed on the behalf of the Named Insured or such Subsidiary. H. Insurer means the insurance company providing this insurance. I. Internet means the worldwide public network of computers which enables the transmission of electronic data and which includes intranets, extranets and virtual private networks. J. Interrelated Wrongful Acts means all Wrongful Acts that have as a common nexus any fact, circumstance, situation, event, transaction, cause or series of related facts, circumstances, situations, events,transactions or causes. K Mediation means a non-binding process in which a neutral panel or individual assists the parties in reaching a settlement agreement. To be considered Mediation under this Endorsement, the process must be as set forth in the Commercial Mediation Rules of the American Arbitration Association, or such other process as the Insurer may, at its sole option, approve. L. Named Insured means the organization or natural person first specified in the Policy Declarations. M Personal Information means: BOP-45199(02/15) 0 2015© Page 2 of 12 1. an individual's name, social security number, medical or healthcare data, other protected health information, drivers license number, state identification number, credit card number, debit card number, address, telephone number, account number, account histories, or passwords; and 2. other nonpublic personal information as defined in Privacy Regulations; in any format. Personal Information shall not include information that is lawfully made available to the general public for any reason, including but not limited to information from federal, state or local government records. N. Personal Injury means injury arising out of one or more of the following offenses: 1. false arrest, detention or imprisonment; 2. malicious prosecution; 3. libel, slander, or other defamatory or disparaging material; 4. publication or an utterance in violation of an individual's right to privacy; and 5. wrongful entry or eviction, or other invasion of the right to private occupancy. O. Policy means, collectively, the Declarations, attached policy form and any endorsements. P. Policy Period means the period of time specified in the Policy Declarations, subject to any applicable prior termination pursuant to Section XIII,Termination. Q. Privacy Policy means the Insured's policy for managing, storing, destroying, use, disclosure, and access to Personal Information. R. Privacy Regulations means the following statutes and regulations associated with the care, custody, control or use of personally identifiable financial, medical or other sensitive information: 1. Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) and Health Information Technology for Economic and Clinical Health Act; 2. Gramm-Leach-Bliley Act of 1999; 3. the California Security Breach Notification Act(CA SB 1386) and Massachusetts 201 CMR 17; 4. Identity Theft Red Flags under the Fair and Accurate Credit Transactions Act of 2003; 5. Section 5(a) of the Federal Trade Commission Act, 15 U.S.C. § 45(a), but solely for alleged violations of unfair or deceptive acts or practices in or affecting commerce, and 6. other similar state or federal identity theft and privacy protection legislation of the United States of America, its territories or possessions, that requires commercial entities that collect Personal Information to post privacy policies, adopt specific privacy or security controls, or notify individuals in the event that Personal Information has potentially been compromised. S. Property Damage means: 1. physical injury to, or loss or destruction of,tangible property, including the loss of use thereof; and 2. loss of use of tangible property which has not been physically injured, lost, damaged or destroyed. However, Property Damage does not mean physical injury to, loss or destruction of, or loss of use of intangible property, including data. T. Regulatory Proceeding means a request for information, demand, suit, civil investigation or civil proceeding by or on behalf of a government agency, commenced by a service of a complaint or similar pleading alleging the violation of Privacy Regulations as a result of the Insured's Wrongful Act, and which may reasonably be expected to give rise to a covered Claim under this Endorsement. U. Retroactive Date means the date specified in the Policy Declarations. V. Subsidiary means any entity that is not formed as a partnership or joint venture of which the Named Insured owns or has the right to vote more than 50% of the outstanding voting securities representing the present right to vote for election of directors, or the managers or members of the board of managers or equivalent executives of a limited liability company, on or before the inception date of the Endorsement , either directly or indirectly, in any combination, by one or more other Subsidiaries. W. Trade Secret means information, including a formula, pattern, compilation, program, device, method, technique or process, that derives independent economic value, actual or potential, from not being BOP-45199(02/15) ©2015 0 Page 3 of 12 generally known to or readily ascertainable by other persons who can obtain value from its disclosure or use, so long as reasonable efforts have been made to maintain its secrecy. X. Website means the software, content and other materials accessible via the Internet at a designated Uniform Resource Locator address. Y. Wrongful Act means any error, misstatement, misleading statement, act, omission, neglect, breach of duty, or Personal Injury offense actually or allegedly committed or attempted by any Insured, in their capacity as such, resulting in: a. the failure by the Insured or by an independent contractor for which the Insured is legally responsible to properly handle, manage, store, destroy or otherwise control: i. Personal Information; or ii. third party corporate information in any format provided to the Insured and specifically identified as confidential and protected under a nondisclosure agreement or similar contract with the Named Insured or Subsidiary; or b. an unintentional violation of the Insured's privacy policy that results in the violation of any Privacy Regulation. Z. Wrongful Employment Practices means any actual or alleged: 1. wrongful dismissal or discharge or termination of employment, whether actual or constructive; 2. employment-related misrepresentation; 3. violation of any federal, state, or local laws (whether common or statutory) concerning employment or discrimination in employment; 4. sexual harassment or other unlawful workplace harassment; 5. wrongful deprivation of a career opportunity or failure to employ or promote; 6. wrongful discipline of employees; 7. retaliation against employees for the exercise of any legally protected right or for engaging in any legally protected activity; 8. negligent evaluation of employees; 9. failure to adopt adequate workplace or employment policies and procedures; 10. employment-related libel, slander, or defamation; 11. employment-related invasion of privacy, except with respect to that part of any Claim arising out of the loss of Personal Information which is otherwise covered under this Endorsement; 12. employment-related wrongful infliction of emotional distress, except with respect to that part of any Claim arising out of the loss of Personal Information which is otherwise covered under this Endorsement; and 13. any actual or alleged discrimination, sexual harassment, or violation of a natural person's civil rights relating to such discrimination or sexual harassment, whether direct, indirect, intentional or unintentional. The foregoing definitions shall apply equally to the singular and plural forms of the respective words. III. EXCLUSIONS The Insurer shall not be liable for Damages or Claims Expenses on account of any Claim: A. alleging, based upon, arising out of or attributable to any dishonest, fraudulent, criminal, or malicious act, error or omission, or any intentional or knowing violation of the law by an Insured. B. alleging, based upon, arising out of or attributable to any Bodily Injury or Property Damage. C. for breach of any express, implied, actual or constructive contract, warranty, guarantee, or promise, including any actual or alleged liability assumed by the Insured, unless such liability would have attached to the Insured even in the absence of such contract, warranty, guarantee, or promise. D. alleging, based upon, arising out of or attributable to any: 1. illegal discrimination of any kind; BOP-45199(02/15) 0 2015® Page 4 of 12 2. humiliation, harassment or misconduct based upon, arising out of or related to any such discrimination; 3. Wrongful Employment Practices. E. alleging, based upon, arising out of or attributable to any price fixing, restraint of trade, monopolization, unfair trade practices or other violation of the Federal Trade Commission Act, the Sherman Anti-Trust Act, the Clayton Act, or any other federal statutory provision involving antitrust, monopoly, price fixing, price discrimination, predatory pricing or restraint of trade activities, and any amendments thereto or any rules or regulations promulgated thereunder or in connection with such statutes, or any similar provision of any federal, state, or local statutory law or common law anywhere in the world. However, with respect to a Wrongful Act expressly covered under this Endorsement, this exclusion shall not apply to a Regulatory Proceeding for that portion of Damages or Claims Expenses allocated to numbered paragraph 5 of Privacy Regulations. F. alleging, based upon, arising out of or attributable to any violation of the Employee Retirement Income Security Act of 1974, any rules or regulations promulgated thereunder, amendments thereto, or any similar federal, state or common law. G. alleging, based upon, arising out of or attributable to the gaining in fact of any profit, remuneration or financial advantage to which any Insured was not legally entitled. H. alleging, based upon, arising out of or attributable to any fees, expenses, or costs paid to or charged by the Insured. I. alleging, based upon, arising out of or attributable to a Wrongful Act actually or allegedly committed prior to the date of this Endorsement. J. alleging, based upon, arising out of, or attributable to: 1. any prior or pending litigation, Claims, demands, arbitration, administrative or regulatory proceeding or investigation which was filed or commenced against an Insured, and of which an Insured had notice, prior to the date of this Endorsement, or alleging or derived from the same or substantially the same fact, circumstance or situation underlying or alleged therein; or 2. any other Wrongful Act whenever occurring which, together with a Wrongful Act underlying or alleged therein would constitute Interrelated Wrongful Acts. K. alleging, based upon, arising out of, or attributable to: 1. any Wrongful Act, fact, circumstance or situation which has been the subject of any written notice given under any other policy before the effective date of this Endorsement; or 2. any other Wrongful Act whenever occurring which, together with a Wrongful Act which has been the subject of such notice,would constitute Interrelated Wrongful Acts. L. alleging, based upon, arising out of or attributable to any electrical or mechanical failures or interruption, including but not limited to any electrical disturbance, surge, spike, brownout or blackout, and outages to gas, water, telephone, cable, satellite, telecommunications or other infrastructure. M. alleging, based upon, arising out of or attributable to any failure, interruption, or outage to Internet access service provided by the Internet service provider that hosts the Insured's Website. N. alleging, based upon, arising out of or attributable to fire, smoke, explosion, lightning, wind, flood, earthquake, volcanic eruption, tidal wave, landslide, hail, act of God or any other physical event, however caused. O. alleging, based upon, arising out of or attributable to war, invasion, acts of foreign enemies, hostilities or warlike operations (whether war is declared or not), strike, lock-out, riot, civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power. P. alleging, based upon, arising out of or attributable to false, deceptive or unfair business practices, violation of consumer protection laws, or false or deceptive advertising. However, with respect to a Wrongful Act expressly covered under this Endorsement, this exclusion shall not apply to a Regulatory Proceeding for that portion of Damages or Claims Expenses allocated to numbered paragraph 5 of Privacy Regulations. BOP-45199(02/15) ©2015 Page 5 of 12 Q. alleging, based upon, arising out of or attributable to any validity, invalidity, infringement, violation or misappropriation of any patent or Trade Secret by or on behalf of the Insured. R. alleging, based upon, arising out of or attributable to any validity, invalidity, infringement, violation or misappropriation of any copyright, service mark, trade name, trademark or other intellectual property of any third party. S. alleging, based upon, arising out of or attributable to any unsolicited electronic dissemination of faxes, e- mails or other communications by or on behalf of the Insured to multiple actual or prospective customers of the Insured or any other third party, including but not limited to actions brought under the Telephone Consumer Protection Act, any federal or state anti-spam statutes, and/or any other federal or state statute, law or regulation relating to a person's or entity's right of seclusion. T. alleging, based upon, arising out of or attributable to the collection of Personal Information by the Insured or the failure to provide adequate notice that such information is being collected. U. alleging, based upon, arising out of or attributable to the Insured's intentional failure to disclose the loss of Personal Information in violation of any law or regulation. V. alleging, based upon, arising out of or attributable to sections 605 and 616 of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., or any other similar federal or statutory provisions. W. alleging, based upon, arising out of or attributable to the rendering of or the failure to render professional services by any Insured to others. IV. ESTATES, LEGAL REPRESENTATIVES AND SPOUSES The estates, heirs, legal representatives, assigns, spouses and Domestic Partners of Insureds shall be considered Insureds under this Endorsement, but coverage is afforded to such estates, heirs, legal representatives, assigns, spouses and Domestic Partners only for a Claim arising solely out of their status as such and, in the case of a spouse or Domestic Partner, where the Claim seeks damages from marital community property, jointly held property or property transferred from the Insured to the spouse or Domestic Partner. No coverage is provided for any Wrongful Act of an estate, heir, legal representative, assign, spouse or Domestic Partner.All of the terms and conditions of this Endorsement, including, without limitation, the Retention shown in the Policy Declarations applicable to Damages or Claims Expenses incurred by Insureds, shall also apply to Damages or Claims Expenses incurred by such estates, heirs, legal representatives, assigns, spouses and Domestic Partners. V EXTENDED REPORTING PERIODS If the Insurer terminates or does not renew this Policy (other than for failure to pay a premium when due), or if the Named Insured terminates or does not renew this Policy and does not obtain replacement coverage as of the effective date of such termination or nonrenewal, the Named Insured shall have the right, upon payment of the additional premium described below, to a continuation of the coverage granted by this Endorsement for at least one Extended Reporting Period as follows: A. Automatic Extended Reporting Period The Named Insured shall have continued coverage granted by this Coverage Section for a period of 60 days following the effective date of such termination or nonrenewal, but only for Claims first made during such 60 days and arising from Wrongful Acts taking place prior to the effective date of such termination or nonrenewal. This Automatic Extended Reporting Period shall immediately expire upon the purchase of replacement coverage by the Named Insured. BOP-45199(02/15) ©2015 EZ Page 6 of 12 B. Optional Extended Reporting Period 1. The Named Insured shall have the right, upon payment of the additional premium set forth below, to an Optional Extended Reporting Period, for the period set forth below following the effective date of such termination or nonrenewal, but only for Claims first made during such Optional Extended Reporting Period and arising from Wrongful Acts taking place prior to the effective date of such termination or nonrenewal. The premium due for the Extended Reporting Period shall be: 100% of the annual premium for a 12-month Extended Reporting Period; 160% of the annual premium for a 24-month Extended Reporting Period; and 190% of the annual premium for a 36-month Extended Reporting Period. 2. This right to continue coverage shall lapse unless written notice of such election is given by the Named Insured to the Insurer, and the Insurer receives payment of the additional premium, within 60 days following the effective date of termination or nonrenewal. 3. The 60 days of the Optional Extended Reporting Period, if it becomes effective, shall run concurrently with the Automatic Extended Reporting Period. C. The Insurer shall give the Named Insured notice of the premium due for the Optional Extended Reporting Period as soon as practicable following the date the Named Insured gives such notice of such election, and such premium shall be paid by the Named Insured to the Insurer within 10 days following the date of such notice by the Insurer of the premium due. The Optional Extended Reporting Period is not cancelable and the entire premium for the Optional Extended Reporting Period shall be deemed fully earned and non- refundable upon payment. D. The Automatic and Optional Extended Reporting Periods shall be part of and not in addition to the Limit of Liability for the immediately preceding Policy Period. The Automatic and Optional Extended Reporting Periods shall not increase or reinstate the Limit of Liability, which shall be the maximum liability of the Insurer for the Policy Period and the Automatic and Optional Extended Reporting Period, combined. E. A change in Policy terms, conditions, exclusions and/or premiums shall not be considered a nonrenewal for purposes of triggering the rights to the Automatic or Optional Extended Reporting Period. Vl. LIMITS OF LIABILITY Regardless of the number of Insuring Agreements purchased under this Endorsement, Insureds against whom Claims are brought, Claims made or persons or entities making Claims: A. Limit of Liability 1. the Each Claim Limit of Liability stated in the Policy Declarations is the Insurer's maximum liability under the Privacy Liability Insuring Agreement for the sum of all Damages and all Claims Expenses because of each Claim, including each Claim alleging any Interrelated Wrongful Acts, first made and reported during the Policy Period. 2. the Aggregate Limit of Liability as stated in the Policy Declarations is the Insurer's maximum liability under the Privacy Liability Insuring Agreement for the sum of all Damages and all Claims Expenses because of all Claims combined in the aggregate, including all Claims alleging any Interrelated Wrongful Acts,first made and reported during the Policy Period. 3. All Claims arising out of the same Wrongful Act and all Interrelated Wrongful Acts of the Insureds shall be deemed to be one Claim, and such Claim shall be deemed to be first made on the date the earliest of such Claims is first made, regardless of whether such date is before or during the Policy Period. 4. Claims Expenses shall be part of and not in addition to the applicable Aggregate Limits of Liability stated in the Policy Declarations, and shall reduce such Aggregate Limits of Liability. If the applicable Limit of Liability is exhausted by payment of Damages or Claims Expenses, the obligations of the Insurer under this Endorsement shall be completely fulfilled and extinguished. The Insurer is entitled to pay Damages and Claims Expenses, as they become due and payable by the Insureds, without consideration of other future payment obligations. B. Maximum Policy Aggregate Limit of Liability BOP-45199(02/15) 0201510 Page 7 of 12 The Maximum Policy Aggregate Limit of Liability stated in the Policy Declarations is the Insurer's maximum liability for the sum of all Damages and all Claims Expenses because of all Claims under this Endorsement. C. All Claims arising out of the same Wrongful Act and all Interrelated Wrongful Acts of the Insureds shall be deemed to be one Claim, and such Claim shall be deemed to be first made on the date the earliest of such Claims is first made, regardless of whether such date is before or during the Policy Period. All Damages and Claims Expenses resulting from a single Claim shall be deemed, respectively, a single Damage or Claims Expense. D. Damages and Claims Expenses shall be part of and not in addition to the applicable Limit(s) of Liability shown in the Policy Declarations, and shall reduce such Limit(s) of Liability. If the Limit(s) of Liability are exhausted by payment of Damages and Claims Expenses, the obligations of the Insurer under this Endorsement shall be completely fulfilled and extinguished. VII. RETENTION A. The liability of the Insurer shall apply only to that part of Damages and Claims Expenses which are in excess of the applicable Retention amount shown in the Policy Declarations. Such Retention shall be borne uninsured by the Named Insured and at the risk of all Insureds. B. A single Retention amount shall apply to Damages and Claims Expenses arising from all Claims alleging Interrelated Wrongful Acts. VIII. NOTICE A. The Insured shall, as a condition precedent to their rights under this Endorsement , give to the Insurer written notice of any Claim as soon as practicable, but in no event later than 30 days after the later of the end of the Policy Period, the Automatic Extended Reporting Period, or, if elected, the Optional Extended Reporting Period. B. If, during the Policy Period, the Insured becomes aware of any specific Wrongful Act which may reasonably give rise to a future Claim covered under this Endorsement , and if the Insureds give written notice to the Insurer during the Policy Period, the Automatic Extended Reporting Period, or, if elected, the Optional Extended Reporting Period of. 1. the identity of the potential claimants; 2. a description of the anticipated Wrongful Act allegations; 3. the identity of the Insureds allegedly involved; 4. the circumstances by which the Insureds first became aware of the Wrongful Act; 5. the consequences which have resulted or may result; and 6. the nature of the potential monetary damages; then any Claim which arises out of such Wrongful Act shall be deemed to have been first made at the time such written notice was received by the Insurer. No coverage is provided for fees, expenses and other costs incurred prior to the time such Wrongful Act results in a Claim. C. All notices under any provision of this Endorsement shall be in writing and given by prepaid express courier or certified mail properly addressed to the appropriate party. Notice to the Insureds may be given to the Named Insured at the address shown in the Policy Declarations. Notice to the Insurer of any Claim or Wrongful Act shall be given to the Insurer at the address set forth in the Policy Declarations. All other notices to the Insurer under this Endorsement shall be given to the Insurer at the address set forth in the Policy Declarations. Notice given as described above shall be deemed to be received and effective upon actual receipt thereof by the addressee, or one day following the date such notice is sent, whichever is earlier. D. No notice that may be given during the Policy Period under section VIII, Notice, at subsection B may be given during the Extended Reporting Periods, if elected. IX. DEFENSE AND SETTLEMENT A. Except as provided in Section IX, subsection B below, the Insurer shall have the right and duty to defend any covered Claim brought against the Insured even if such Claim is groundless, false or fraudulent. The Insured shall not: 1. admit or assume liability without the prior written consent of the Insurer; BOP-45199(02/15) ©2015® Page 8 of 12 2. settle or negotiate to settle any Claim unless such settlement fully resolves such Claim within the applicable Retention; or 3. incur any Claims Expenses without the prior written consent of the Insurer, and the Insurer shall have the right to appoint counsel and to make such investigation and defense of a covered Claim as it deems necessary. B. The Insurer shall have the right, but not the duty, to defend any Regulatory Proceeding. For such Claims the Insured shall select defense counsel from the Insurer's list of approved law firms, and the Insurer reserves the right to associate in the defense of such Claims. C. The Insurer shall not settle any Claim without the written consent of the Named Insured. If the Named Insured refuses to consent to a settlement or a compromise recommended by the Insurer and acceptable to the claimant, then the Insurer's Limit of Liability under this Endorsement with respect to such Claim shall be reduced to the amount of Damages for which the Claim could have been settled plus all Claims Expenses incurred up to the time the Insurer made its recommendation to the Named Insured, which amount shall not exceed that portion of any applicable Aggregate Limit of Liability that remains unexhausted by payment of Damages or Claims Expenses or by any combination thereof. D. The Insurer shall not be obligated to investigate, defend, pay or settle, or continue to investigate, defend, pay or settle any Claim after any applicable Limit of Liability specified in the Policy Declarations has been exhausted by payment of Damages or Claims Expenses, or by any combination thereof, or after the Insurer has deposited the remainder of any unexhausted applicable Limit of Liability into a court of competent jurisdiction. In either such case, the Insurer shall have the right to withdraw from the further investigation, defense, payment or settlement of such Claim by tendering control of such Claim to the Insured. E. The Insured shall cooperate with the Insurer, and provide to the Insurer all information and assistance which the Insurer reasonably requests including but not limited to attending hearings, depositions and trials and assistance in effecting settlements, securing and giving evidence, obtaining the attendance of witnesses and conducting the defense of any Claim covered by this Endorsement . The Insured shall do nothing that may prejudice the Insurer's position. The Insureds shall immediately forward to the Insurer, at the address indicated in the Policy Declarations, every demand, notice, summons, or other process or pleading received by the Insured or its representatives. X. OTHERINSURANCE If any Damages or Claims Expenses covered under this Endorsement are covered under any other valid and collectible insurance, then this Endorsement shall cover such Damages or Claims Expenses, subject to the Endorsement terms and conditions, only to the extent that the amount of such Damages or Claims Expenses are in excess of the amount of such other insurance whether such other insurance is stated to be primary, contributory, excess, contingent or otherwise, unless such other insurance is written only as specific excess insurance over the Limits of Liability provided by this Endorsement. XI. MATERIAL CHANGES IN CONDITIONS A. Acquisition or Creation of Another Organization If, during the Policy Period, the Named Insured: 1. acquires voting securities in another organization or creates another organization, which as a result of such acquisition or creation becomes a Subsidiary; or 2. acquires any organization by merger into or consolidation with the Named Insured; then, subject to the terms and conditions of this Endorsement, such organization shall be covered under this Endorsement but only with respect to Claims for Wrongful Acts taking place after such acquisition or creation, unless the Insurer agrees to provide coverage by endorsement for Wrongful Acts taking place prior to such acquisition or creation. If the total assets of such acquired organization, as reflected in the then most recent consolidated financial statements of the organization, exceeds 10% of the total assets of the Named Insured and the Subsidiaries as reflected in the then most recent consolidated financial statements of the Named Insured, the Named Insured, as a condition precedent to coverage with respect to such Insureds, shall, no later than 60 days after the effective date of such acquisition or creation: 1. give written notice of such acquisition or creation to the Insurer; BOP-45199(02/15) ©2015® Page 9 of 12 2. pay any additional premium required by the Insurer; and 3. agree to any additional terms and conditions of this Endorsement as required by the Insurer. B. Acquisition of the Named Insured If, during the Policy Period, any of the following events occurs: 1. the acquisition of the Named Insured, or of all or substantially all of its assets, by another entity, or the merger or consolidation of the Named Insured into or with another entity such that the Named Insured is not the surviving entity; or 2. the obtaining by any person, entity or affiliated group of persons or entities of the right to elect, appoint or designate at least 50% of the directors of the Named Insured; then coverage under this Endorsement will continue in full force and effect until termination of this Endorsement, but only with respect to Claims for Wrongful Acts taking place before such event. Coverage under this Endorsement will cease as of the effective date of such event with respect to Claims for Wrongful Acts taking place after such event. This Endorsement may not be cancelled after the effective time of the event, and the entire premium for this Endorsement shall be deemed earned as of such time. C. Termination of a Subsidiary If before or during the Policy Period an organization ceases to be a Subsidiary, coverage with respect to such organization and its employees shall continue until termination of this Endorsement. Such coverage continuation shall apply only with respect to Claims for Wrongful Acts taking place prior to the date such organization ceased to be a Subsidiary. XII. REPRESENTATIONS A. The Insureds represent and acknowledge that they: 1. reasonably maintain and update the Insured's computer system, including the reasonable use, maintenance, upgrading and updating of its network security; 2. use industry acceptable third party antivirus,firewall, intrusion detection or other solutions to monitor network attacks, computer viruses, Trojan horses, bots, malicious code, software, spyware and malware activity; 3. use industry acceptable encryption technology; 4. properly apply necessary software patches; 5. maintain the performance of software so that such software: a. is not subject to expiration, cancellation, or withdrawal; b. is not released or used during its developmental state; or c. has passed all test runs and has proven successful in applicable daily operations; 6. comply with any state or federal Privacy Regulations and self-regulatory requirements around minimum data security standards; and that the above activities are a necessary condition precedent to coverage for any Claim hereunder. The statements and information contained in Al — A6 above, including all information provided concerning network security policies and procedures, information management policies and procedures, and business continuity plans and policies, are true and accurate and: 1. are the basis of this Endorsement and are to be considered as incorporated into and constituting a part of this Endorsement; and 2. shall be deemed material to the acceptance of this risk or the hazard assumed by the Insurer under this Endorsement. B. It is understood and agreed that: 1. this Endorsement is issued in reliance upon the truth and accuracy of such representations; 2. the Insureds have and will provide accurate information with regard to loss control audits and network security assessments as required by the Insurer; and 3. if such representations or such information are not true, accurate and complete, this Endorsement shall be null and void in its entirety and the Insurer shall have no liability hereunder. XIII. TERMINATION BOP-45199(02/15) ©2015 Page 10 of 12 A. This Endorsement shall terminate at the earliest of the following times: 1. the effective date of termination specified in a prior written notice by the Named Insured to the Insurer; 2. 30 days after receipt by the Named Insured of a written notice of termination from the Insurer; 3. 10 days after receipt by the Named Insured of a written notice of termination from the Insurer for failure to pay a premium when due, unless the premium is paid within such 10 day period; 4. upon expiration of the Policy Period as set forth in the Policy Declarations; or 5. at such other time as may be agreed upon by the Insurer and the Named Insured. XIV TERRITORY AND VALUATION A. Coverage provided under this Endorsement shall extend to Wrongful Acts and Claims taking place, brought or maintained in, and subject to the laws of, the United States of America, its territories or possessions. B. All premiums, limits, retentions, Damages or Claims Expenses, and any other amounts under this Endorsement are expressed and payable in the currency of the United States of America. If judgment is rendered, settlement is denominated or another element of loss under this Endorsement is stated in a currency other than United States of America dollars, payment under this Endorsement shall be made in United States dollars at the applicable rate of exchange as published in The Wall Street Journal as of the date the final judgment is reached, the amount of the settlement is agreed upon or the other element of loss is due, respectively, or, if not published on such date, the next date of publication of The Wall Street Journal. XV SUBROGATION In the event of any payment under this Endorsement, the Insurer shall be subrogated to the extent of such payment to all the rights of recovery of the Insureds. The Insureds shall execute all papers required and shall do everything necessary to secure and preserve such rights, including the execution of such documents necessary to enable the Insurer effectively to bring suit or otherwise pursue subrogation rights in the name of the Insureds. XVI. ACTION AGAINST THE INSURER AND BANKRUPTCY Except as provided in Section XIX, Alternative Dispute Resolution, no action shall lie against the Insurer. No person or organization shall have any right under this Endorsement to join the Insurer as a party to any action against any Insured to determine the liability of the Insured nor shall the Insurer be impleaded by any Insured or its legal representatives. Bankruptcy or insolvency of any Insured or of the estate of any Insured shall not relieve the Insurer of its obligations nor deprive the Insurer of its rights or defenses under this Endorsement. XVII. AUTHORIZATION CLAUSE By acceptance of this Endorsement, the Named Insured agrees to act on behalf of all Insureds with respect to the giving of notice of Claim, the giving or receiving of notice of termination or nonrenewal, the payment of premiums, the receiving of any premiums that may become due under this Endorsement, the agreement to and acceptance of endorsements, consenting to any settlement, exercising the right to the Extended Reporting Period, and the giving or receiving of any other notice provided for in this Endorsement, and all Insureds agree that the Named Insured shall so act on their behalf. XVIII. ALTERATION, ASSIGNMENT AND HEADINGS A. Notice to any agent or knowledge possessed by any agent or by any other person shall not affect a waiver or a change in any part of this Endorsement nor prevent the Insurer from asserting any right under the terms of this Endorsement. B. No change in, modification of, or assignment of interest under this Endorsement shall be effective except when made by a written endorsement which is signed by an authorized representative of the Insurer. C. The titles and headings to the various parts, sections, and subsections of this Endorsement are included solely for ease of reference and do not in any way limit, expand or otherwise affect the provisions of such parts, sections, or subsections. BOP-45199(02/15) 0 2015 Page 11 of 12 XIX. ALTERNATIVE DISPUTE RESOLUTION The Insureds and the Insurer shall submit any dispute or controversy arising out of or relating to this Endorsement or the breach, termination or invalidity thereof to the alternative dispute resolution ("ADR") process set forth in this Section. Either an Insured or the Insurer may elect the type of ADR process discussed below; provided, however, that the Insured shall have the right to reject the choice by the Insurer of the type of ADR process at any time prior to its commencement, in which case the choice by the Insured of ADR process shall control. There shall be two choices of ADR process: (1) non-binding Mediation administered by any Mediation facility to which the Insurer and the Insured mutually agree, in which the Insured and the Insurer shall try in good faith to settle the dispute by Mediation in accordance with the then-prevailing commercial Mediation rules of the Mediation facility; or (2) arbitration submitted to any arbitration facility to which the Insured and the Insurer mutually agree, in which the arbitration panel shall consist of three disinterested individuals. In either Mediation or arbitration, the mediator or arbitrators shall have knowledge of the legal, corporate management, or insurance issues relevant to the matters in dispute. In the event of arbitration, the decision of the arbitrators shall be final and binding and provided to both parties, and the award of the arbitrators shall not include attorneys'fees or other costs. In the event of Mediation, either party shall have the right to commence a judicial proceeding; provided, however, that no such judicial proceeding shall be commenced until at least 60 days after the date the Mediation shall be deemed concluded or terminated. In all events, each party shall share equally the expenses of the ADR process. Either ADR process may be commenced in New York, New York or in the state indicated in the Policy Declarations as the principal address of the Named Insured.The Named Insured shall act on behalf of each and every Insured in connection with any ADR process under this Section. XX. INTERPRETATION The terms and conditions of this Endorsement shall be interpreted and construed in an evenhanded fashion as between the parties. If the language of this Endorsement is deemed to be ambiguous or otherwise unclear, the issue shall be resolved in the manner most consistent with the relevant terms and conditions, without regard to authorship of the language, without any presumption or arbitrary interpretation or construction in favor of either the Insureds or the Insurer and without reference to the reasonable expectations of either the Insureds or the Insurer. All other terms and conditions of the Policy remain unchanged. BOP-45199(02/15) ©2015 n Page 12 of 12 CHUBB® OPIOIDS GOODS OR PRODUCTS EXCLUSION —TOTAL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Section II—Liability is amended as follows: A. The following exclusions are added to Paragraph B.1. Exclusions — Applicable To Business Liability Coverage in Section II—Liability: This insurance does not apply to: 1. Opioid Goods Or Products "Bodily injury", "property damage"or"personal and advertising injury" arising out of any"opioid good or product". 2. Governmental Authority,Union Or Investment Fund Opioid Related Claims Any damages,loss,cost or expense arising out of any claim made or"suit"brought by or on behalf of any: a. Governmental authority; b. Labor organization or union;or c. Investment fund,including a pension fund; for injury or damage arising out of any"opioid good or product". 3. Insurer Opioid Related Claims Any damages,loss,cost or expense arising out of any claim made or"suit"brought by or on behalf of any insurer,which has: a. Paid or incurred costs for any"opioid good or product";or b. Which incurred costs for treatment related to any: (1) Abuse,misuse,illicit use of, (2)Overdose caused by;or (3)Addiction to; any"opioid good or product". B. The following definition is added to Paragraph F.Liability And Medical Expenses Definitions: "Opioid good or product" means any good or product, including "your product", that contains opioids or opiates in any form,including: 1. Its presence or use in any alloy,by-product or other material or waste.Waste includes any material to be recycled,reconditioned or reclaimed;or 2. Any good, product or material that is a derivative of any such opioid or opiate good or product, by whatever name known. All Other Terms And Conditions Remain Unchanged. BOP-5138i(io/i8) Page 1 of 1 (265886.1) BUSINESSOWNERS BP 04 39 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABUSE OR MOLESTATION EXCLUSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following applies to Section II — Liability and (ii) Investigation; supersedes any provision to the contrary: (Ili) Supervision; This insurance does not apply to "bodily injury", (iv) Reporting to the proper authorities, or "property damage" or "personal and advertising failure to so report; or injury"arising out of: (v) Retention; (a) The actual or threatened abuse or molestation by anyone of any person while in the care, of a person for whom any insured is or ever custody or control of any insured, or was legally responsible and whose conduct (b) The negligent: would be excluded by(a) above. (1) Employment; BP 04 39 07 02 © ISO Properties, Inc., 2001 Page 1 of 1 ❑ POLICY NUMBER: D95758459 BUSINESSOWNERS BP 04 53 07 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WATER BACK-UP AND SUMP OVERFLOW This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Covered Property Annual Aggregate Business Income And Extra Expense Premises Number Limit Of Insurance Annual Aggregate Limit Of Insurance 1-1 $ 5,000 $ 5,000 $ $ Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. We will pay for direct physical loss or damage to C. The most we will pay for the coverage provided Covered Property, covered under Section I — under this endorsement for all direct physical loss Property, caused by or resulting from: or damage to Covered Property is the Covered 1. Water or waterborne material which backs up Property Annual Aggregate Limit of Insurance. through or overflows or is otherwise discharged That limit is $5,000 per location, unless a different from a sewer or drain; or Covered Property Annual Aggregate Limit Of Insurance is indicated in the Schedule of this 2. Water or waterborne material which overflows endorsement. or is otherwise discharged from a sump, sump The applicable Covered Property Annual pump or related equipment, even if the Aggregate Limit of Insurance is the most we will overflow or discharge results from mechanical breakdown of a sump pump or its related pay under this endorsement for the total of all equipment. direct physical loss or damage sustained in any one policy year, regardless of the number of However, with respect to Paragraph A.2., we will occurrences that cause or result in loss or damage not pay the cost of repairing or replacing a sump to Covered Property. If loss payment for the first pump or its related equipment in the event of such occurrence does not exhaust the applicable mechanical breakdown. Limit of Insurance, then the balance of that limit is B. The coverage described in Paragraph A. of this available for subsequent loss or damage endorsement does not apply to loss or damage sustained in, but not after, that policy year. With resulting from: respect to an occurrence which begins in one 1. An insured's failure to keep a sump pump or its policy year and continues or results in additional related equipment in proper working condition; loss or damage in a subsequent policy year(s), all loss or damage is deemed to be sustained in the 2. An insured's failure to perform the routine policy year in which the occurrence began. maintenance or repair necessary to keep a sewer or drain free from obstructions; or 3. Sump pump failure which is caused by or results from failure of power, unless this policy is endorsed to cover power failure affecting the described premises. BP 04 53 07 13 C Insurance Services Office, Inc., 2012 Page 1 of 2 D. The following provisions apply to Section I — E. With respect to the coverage provided under this Property and supersede any provisions to the endorsement, the Water Exclusion in Section 1 — contrary: Property is replaced by the following: The most we will pay under: Water 1. Paragraph A.M. Business Income Additional 1. Flood, surface water, waves (including tidal Coverage for all loss of Business Income you wave and tsunami), tides, tidal water, overflow sustain due to the necessary suspension of of any body of water, or spray from any of your 'operations" caused by direct physical these, all whether or not driven by wind loss or damage to Covered Property as (including storm surge); described in Paragraph A.of this endorsement; 2. Mudslide or mudflow; and 3. Water under the ground surface pressing on, 2. Paragraph A.5.g. Extra Expense Additional or flowing or seeping through: Coverage for all necessary Extra Expense you incur and that you would not have incurred if a. Foundations, walls, floors or paved there had been no direct physical loss or surfaces; damage to Covered Property as described in b. Basements, whether paved or not; or Paragraph A.of this endorsement; c. Doors, windows or other openings; or is the Business Income And Extra Expense 4. Waterborne material carried or otherwise Annual Aggregate Limit of Insurance. That limit is moved by any of the water referred to in $5,000 per location, unless a different Business Paragraph 1. or 3., or material carried or Income And Extra Expense Annual Aggregate otherwise moved by mudslide or mudflow. Limit Of Insurance is shown in the Schedule. The applicable Business Income And Extra This exclusion applies regardless of whether any Expense Annual Aggregate Limit of Insurance is of the above, in Paragraphs 1. through 4., is the most we will pay under this endorsement for caused by an act of nature or is otherwise caused. the total of all loss of Business Income you sustain An example of a situation to which this exclusion and Extra Expense you incur in any one policy applies is the situation where a dam, levee, year, regardless of the number of occurrences that seawall or other boundary or containment system cause or result in loss or damage to Covered fails in whole or in part, for any reason, to contain Property as described in Paragraph A. of this the water. endorsement. If loss payment during an earlier But if any of the above, in Paragraphs 1. through "period of restoration" in the policy year does not 4., results in fire, explosion or sprinkler leakage, exhaust the applicable Limit of Insurance, then the we will pay for the loss or damage caused by that balance of that limit is available for loss of fire, explosion or sprinkler leakage. Business Income you sustain or Extra Expense F. For the purposes of this endorsement, the term you incur during a subsequent "period of drain includes a roof drain and related fixtures. restoration" beginning in, but not after, that policy year. With respect to a "period of restoration" which begins in one policy year and continues in a subsequent policy year(s), all loss of Business Income you sustain or Extra Expense you incur is deemed to be sustained or incurred in the policy year in which the"period of restoration" began. Page 2 of 2 ©Insurance Services Office, Inc., 2012 BP 04 53 07 13 BUSINESSOWNERS BP 05 01 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following is added: The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal, continuation, or anniversary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. BP 05 01 07 02 ©ISO Properties, Inc., 2001 Page 1 of 1 ❑ POLICY NUMBER: D95758459 BUSINESSOWNERS BP 05 15 01 15 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE SCHEDULE- PART I Terrorism Premium(Certified Acts) $ 9 Additional information, if any, concerning the terrorism premium: SCHEDULE- PART II Federal share of terrorism losses 81 % Year: 20 19 (Refer to Paragraph B. in this endorsement.) Federal share of terrorism losses 80 %Year: 20 20 (Refer to Paragraph B. in this endorsement.) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Disclosure Of Premium B. Disclosure Of Federal Participation In Payment In accordance with the federal Terrorism Risk Of Terrorism Losses Insurance Act, we are required to provide you with The United States Government, Department of the a notice disclosing the portion of your premium, if Treasury, will pay a share of terrorism losses any, attributable to coverage for terrorist acts insured under the federal program. The federal certified under the Terrorism Risk Insurance Act. share equals a percentage (as shown in Part II of The portion of your premium attributable to such the Schedule of this endorsement or in the policy coverage is shown in the Schedule of this Declarations) of that portion of the amount of such endorsement or in the policy Declarations. insured losses that exceeds the applicable insurer retention. However, if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year, the Treasury shall not make any payment for any portion of the amount of such losses that exceeds$100 billion. BP 05 15 01 15 ©Insurance Services Office, Inc., 2015 Page 1 of 2 C. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Page 2 of 2 ©Insurance Services Office, Inc., 2015 BP 06 16 01 16 BUSINESSOWNERS BP 05 17 0106 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - SILICA OR SILICA-RELATED DUST This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM A. The following exclusion is added to Paragraph B. 4. Any loss, cost or expense arising, in whole Exclusions in Section II—Liability: or in part, out of the abating, testing for, B. Exclusions monitoring, cleaning up, removing, contain- ing, treating, detoxifying, neutralizing, reme- This insurance does not apply to: diating or disposing of, or in any way re- SILICA OR SILICA-RELATED DUST sponding to or assessing the effects of, 1. "Bodily injury"arising, in whole or in part, out "silica" or "silica-related dust", by any in- of the actual, alleged, threatened or sus- sured or by any other person or entity. pected inhalation of, or ingestion of, "silica" B. The following definitions are added to Paragraph or"silica-related dust". F. Liability And Medical Expenses Definitions in 2. "Property damage" arising, in whole or in Section II—Liability: part, out of the actual, alleged, threatened 1. "Silica" means silicon dioxide, (occurring in or suspected contact with, exposure to, ex- crystalline, amorphous and impure forms), sil- istence of, or presence of, "silica" or"silica- ica particles, silica dust or silica compounds. related dust". 2. "Silica-related dust" means a mixture or combi- 3. "Personal and advertising injury" arising, in nation of silica and other dust or particles. whole or in part, out of the actual, alleged, threatened or suspected inhalation of, in- gestion of, contact with, exposure to, exis- tence of, or presence of, "silica" or "silica- related dust". BP 05 17 01 06 ©ISO Properties, Inc., 2005 Page 1 of 1 ❑ BUSINESSOWNERS BP 05 98 0713 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF INSURED CONTRACT DEFINITION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Paragraph 9. under F. Liability And Medical Paragraph f. does not include that part of Expenses Definitions is replaced by the following: any contract or agreement: 9. "Insured contract"means: (1) That indemnifies a railroad for "bodily a. A contract for a lease of premises. injury" or "property damage" arising out However, that portion of the contract for a of construction or demolition operations, lease of premises that indemnifies any within 50 feet of any railroad property person or organization for damage by fire to and affecting any railroad bridge or premises while rented to you or temporarily trestle, tracks, roadbeds, tunnel, occupied by you with permission of the underpass or crossing; owner is not an"insured contract"; (2) That indemnifies an architect, engineer b. A sidetrack agreement; or surveyor for injury or damage arising c. Any easement or license agreement, out of: except in connection with construction or (a) Preparing, approving, or failing to demolition operations on or within 50 feet of prepare or approve, maps, shop a railroad; drawings, opinions, reports, surveys, d. An obligation, as required by ordinance, to field orders, change orders or drawings and specifications; or indemnify a municipality, except in connection with work for a municipality; (b) Giving directions or instructions, or e. An elevator maintenance agreement; failing to give them, if that is theprimary cause of the injury or f. That part of any other contract or damage; or agreement pertaining to your business (3) Under which the insured, if an architect, (including an indemnification of a engineer or surveyor, assumes liability municipality in connection with work for an injury or damage arising out of the performed for a municipality) under which insured's rendering or failure to render you assume the tort liability of another party professional services, including those to pay for "bodily injury" or "property listed in (2) above and supervisory, damage" to a third person or organization, inspection, architectural or engineering provided the bodily injury or property activities. 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. BP 05 98 07 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: D95758459 BUSINESSOWNERS BP 07 04 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS LIABILITY COVERAGE - PROPERTY DAMAGE LIABILITY DEDUCTIBLE (PER OCCURRENCE BASIS) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Amount Of Per Occurrence Deductible: $ 500 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Our obligation under Paragraph A. Coverages in 2. Your duties in the event of an "occurrence", Section II — Liability to pay damages on your be- claim, or"suit"; half because of"property damage" applies only to apply irrespective of the application of the deducti- the amount of damages in excess of the deducti- ble amount. ble amount shown in the Schedule. B. D. We may pay any part or all of the deductible . The deductible amount shown in the Schedule amount to effect settlement of any claim or "suit" applies to the total of all damages because of and, upon notification of the action taken, you shall damage" as the result of an one occur- p "property 9 " Y " promptly reimburse us for such part of the deducti- rence", regardless of the number of persons or or- ble amount as has been paid by us. ganizations who sustain "property damage" be- cause of that"occurrence". C. The terms of this insurance, including those with respect to: 1. Our right and duty to defend the insured against any "suits" seeking those damages; and BP 07 04 01 06 C ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: D95758459 BUSINESSOWNERS BP 14 07 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS INCOME AND EXTRA EXPENSE - REVISED PERIOD OF INDEMNITY This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Premises Number Building Number Number Of Consecutive Days 1 1 365 Information required to complete this Schedule, if not shown above, will be shown in the Declarations With respect to the premises shown in the Schedule: B. Paragraph A.5.g.(4) of Section I — Property is A. Paragraph A.5.f.(1)(b) of Section I — Property is replaced by the following: replaced by the following: (4) We will only pay for Extra Expense that (b) We will only pay for loss of Business occurs within the "applicable number of Income that you sustain during the consecutive days" after the date of di- "period of restoration" and that oc- rect physical loss or damage. This Addi- curs within the "applicable number of tional Coverage is not subject to the consecutive days" after the date of Limits of Insurance of Section I — Prop- direct physical loss or damage. We erty. will only pay for ordinary payroll ex- C. The following is added to Section H. — Property penses for 60 days following the Definitions: date of direct physical loss or dam- "Applicable number of consecutive days" means age, unless a greater number of the number of consecutive days indicated in the days is shown in the Declarations. Schedule for the premises. BP 14 07 01 10 C Insurance Services Office, Inc., 2009 Page 1 of 1 13 BUSINESSOWNERS BP 14 86 0713 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMUNICABLE DISEASE EXCLUSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following exclusion is added to Paragraph B. This exclusion applies even if the claims against Exclusions in Section II—Liability: any insured allege negligence or other wrongdoing Communicable Disease in the: This insurance does not apply to "bodily injury", a. Supervising, hiring, employing, training or "property damage" or "personal and advertising monitoring of others that may be infected injury" arising out of the actual or alleged with and spread a communicable disease; transmission of a communicable disease. b. Testing for a communicable disease; c. Failure to prevent the spread of the disease; or d. Failure to report the disease to authorities. BP 14 86 07 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 BUSINESSOWNERS BP 15 06 0514 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION (PERSONAL AND ADVERTISING INJURY ONLY) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following is added to Paragraph B.1.p. Personal This exclusion applies even if damages are And Advertising Injury Exclusion of Section II — claimed for notification costs, credit Liability: monitoring expenses, forensic expenses, This insurance does not apply to: public relations expenses or any other loss, cost or expense incurred by you or others p. Personal And Advertising Injury arising out of any access to or disclosure of "Personal and advertising injury": any person's or organization's confidential Arising out of any access to or disclosure of or personal information. 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. BP 15 06 05 14 ©Insurance Services Office, Inc., 2013 Page 1 of 1 BUSINESSOWNERS LIABILITY ENHANCEMENTS FOR HEALTHCARE INDUSTRY Named Insured Endorsement Number OPATS Consultants LLC BOP481301016 Policy Symbol Policy Number Policy Period Effective Date of Endorsement HILT I D95758459 12-19-2020 to 12-19-2021 12-19-2020 Issued By(Name of Insurance Company) ACE Property&Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM TABLE OF CONTENTS Page Supplementary Payments—Bail Bonds And Bonds To Appeal Judgments—No Sublimit 2 Medical Expenses—Three Years To Report Expenses 2 Non-Owned Watercraft Under 55 Feet 2 Non-Owned Aircraft 2 Damage To Property—Exception For Equipment Loaned Or Rented To Insured 2 Who Is An Insured—Subsidiaries Or Newly Acquired Or Formed Organizations 2 Who Is An Insured—Employees And Volunteer Workers 3 Additional Insured—Lessor Of Leased Equipment 3 Additional Insured—Managers Or Lessors Of Premises 4 Additional Insured—Other Persons Or Organizations Pursuant To Contract Or Agreement 4 Damage To Premises Rented To You—$1,000,000 5 Per Location General Aggregate Limit With Combined Total Aggregate Limit 5 Coverage Territory, Limited Worldwide 6 Unintentional Failure To Disclose Hazards 7 Other Insurance Including Primary Provision 7 Waiver Of Subrogation Required By Contract 8 Stop Gap — Employers Liability Coverage (if you have "employees" in North Dakota, Ohio, 8 Washington or Wyoming) Bodily Injury By Accident $1,000,000 Bodily Injury By Disease Each Employee $1,000,000 Ag re ate $1,000,000 Employee Benefits Liability Coverage—Claims Made 13 Aggregate $1,000,000 Each Employee$1,000,000 Deductible $1,000 This endorsement modifies the coverages provided under the Businessowners Coverage Form. Employee Benefits Liability Coverage—Claims Made is a claims-made coverage. Such coverage applies only to"claims"first made against the insured during the policy period. Notwithstanding anything to the contrary, the provisions of the Businessowners Coverage Form apply, except as provided in this endorsement. The titles of the various paragraphs of this endorsement are inserted solely for convenience or reference and are not to be deemed in any way to limit or affect the provisions to which they relate. BOP-48130(10/16) Includes copyrighted material of Insurance Services Office,with its permission, 2016. Page 1 of 18 A. SUPPLEMENTARY PAYMENTS—BAIL BONDS AND BONDS TO APPEAL JUDGMENTS -NO SUBLIMIT In Section II—Liability, Paragraph A. Coverages, 1.f. Coverage Extension—Supplementary Payments, subparagraphs(1)(b)and (c)are replaced by the following: (b) The cost of bail bonds, but only for bond amounts within the available limit of insurance. We do not have to furnish these bonds. (c) The cost of bonds to appeal judgments or release attachments, but only for amounts within the available limit of insurance. We do not have to furnish these bonds. B. MEDICAL EXPENSES—THREE YEARS TO REPORT EXPENSES In Section II—Liability, Paragraph A. Coverages, 2. Medical Expenses, subparagraph a.(b) is replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident; and C. NON-OWNED WATERCRAFT UNDER 55 FEET In Section II—Liability, Paragraph B. Exclusions, subparagraph (2) of Exclusion 1.g. Aircraft,Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge; D. NON-OWNED AIRCRAFT In Section II—Liability, Paragraph B. Exclusions,the following exception is added to Exclusion 1.g. Aircraft,Auto or Watercraft in Section II—Liability: This exclusion does not apply to an aircraft you do not own provided: 1. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. It is rented with a trained, paid crew; and 3. It does not transport persons or cargo for a charge. E. DAMAGE TO PROPERTY—EXCEPTION FOR EQUIPMENT LOANED OR RENTED TO THE INSURED In Section II—Liability, Paragraph B. Exclusions,the following exception is added to Exclusion 1.k. Damage To Property: Paragraphs(3)and (4)of this exclusion do not apply to"property damage"to equipment rented or loaned to the insured, provided such equipment is not being used to perform any operations at a construction job site. F. WHO IS AN INSURED—SUBSIDIARIES OR NEWLY ACQUIRED OR FORMED ORGANIZATIONS In Section II—Liability, Paragraph C. Who is an Insured is amended to include the following: If there is no other insurance available, each of the following is also a Named Insured: 1. A subsidiary organization of the first Named Insured shown in the Declarations of which, at the beginning of the policy period and at the time of loss, the first Named Insured controls, either directly or indirectly, more than 50 percent of the interests entitled to vote generally in the election of the governing body of such organization; or 2. A subsidiary organization of the first Named Insured shown in the Declarations that the first Named Insured acquires or forms during the policy period, if at the time of loss the first Named Insured controls, BOP-48130(10/16) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 2 of 18 either directly or indirectly, more than 50 percent of the interests entitled to vote generally in the election of the governing body of such organization. G. WHO IS AN INSURED—EMPLOYEES (INCLUDING CPR AND FIRST AID)AND VOLUNTEER WORKERS In Section II—Liability, Paragraph C.Who is an Insured, Paragraph 2.a. is replaced by the following: 2. Each of the following is also an insured: a. Your"employees" but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, no"employee" is an insured for: (1) "Bodily injury"or"personal and advertising injury": (a) To you,to any of your directors, managers, members, "executive officers"or partners (whether or not an"employee") or to any co-"employee"while such injured person is either in the course of his or her employment or while performing duties related to the conduct of your business; (b) To the brother, child, parent, sister or spouse of such injured person as a consequence of any injury described in Paragraph(a)above; or (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of any injury described in Paragraph (a)or(b)above. With respect to"bodily injury" only,the limitations described in Paragraph 2.a.(1) above do not apply to you or to your directors, managers, members, "executive officers", partners or supervisors as insureds. (2) "Property damage"to any property owned, occupied or used by you or by any of your directors, managers, members, "executive officers"or partners(whether or not an "employee") or by any of your"employees". This limitation does not apply to"property damage"to premises while rented to you or temporarily occupied by you with the permission of the owner. b. Your"volunteer workers", but only while acting within the scope of their activities for you and at your direction. H. ADDITIONAL INSUREDS In Section II—Liability, Paragraph C.Who is an Insured,the following is added: 2. Each of the following is also an insured: LESSOR OF LEASED EQUIPMENT e. Any person or organization from whom you lease equipment, but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization and only if you are required by a contract or agreement to provide them with such insurance as is afforded by this policy. 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. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence"which takes place after the equipment lease expires. MANAGERS OR LESSORS OF PREMISES f. Any person or organization from whom you lease premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and only if you are required by a contract or agreement to provide them with such insurance as is afforded by this policy. BOP-48130(10/16) Includes copyrighted material of Insurance Services Office,with its permission, 2016. Page 3 of 18 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. With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (1) Any'occurrence"that takes place after you cease to be a tenant in such premises. (2) Structural alterations, new construction or demolition operations performed by or for such additional insureds. OTHER PERSONS OR ORGANIZATIONS PURSUANT TO CONTRACT OR AGREEMENT g. Any persons or organizations that you are required by a contract or agreement to provide with such insurance as is afforded by this policy. However, such a person or organization is an insured only: (1) To the extent such contract or agreement requires the additional insured to be afforded status as an insured; and (2) For activities that did not occur, in whole or in part, before the execution of the contract or agreement. No person or organization is an insured under this provision: (1) That is more specifically identified under any other provision of Paragraph C.Who Is An Insured (regardless of any limitation applicable thereto). (2) With respect to any assumption of liability in a contract or agreement.This limitation does not apply to the liability for damages the additional insured would have in the absence of the contract or agreement. However, the insurance afforded to such persons or organizations: (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. The following is added at the end of Paragraph C.Who Is An Insured: 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. However, no person or organization is an insured with respect to the: a. Ownership, maintenance or use of any assets; or b. Conduct of any person or organization whose assets, business or organization; any Named Insured acquires, either directly or indirectly, for any: (1) "Bodily injury"or"property damage"that occurred; or (2) "Personal and advertising injury"arising out of an offense first committed; in whole or in part, before such acquisition is executed. With respect to the insurance afforded to the persons or organizations described in Paragraphs e., f., and g. above, the following is added to Paragraph D. Liability And Medical Expenses Limits Of Insurance: The most we will pay on behalf of such person or organization 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; BOP-48130(10/16) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 4 of 18 whichever is less. This shall not increase the applicable Limits Of Insurance shown in the Declarations. I. DAMAGE TO PREMISES RENTED TO YOU—$1,000,000 In Section II—Liability, Paragraph D. Liability and Medical Expenses Limits of Insurance, Paragraphs 3. and 4. are deleted and replaced with the following: 3. Subject to the Liability And Medical Expenses Limits Of Insurance, the most we will pay under Business Liability Coverage for damages because of"property damage"to any one premises while rented to you or while temporarily occupied by you with permission of the owner is$1,000,000. 4. Aggregate Limits The most we will pay for: a. All"bodily injury"and "property damage"that is included in the"products-completed operations hazard"is twice the Liability and Medical Expenses limit. b. All: (1) "Bodily injury" and"property damage"except damages because of"bodily injury"or"property damage" included in the"products-completed operations hazard"; (2) Plus medical expenses; (3) Plus all "personal and advertising injury" caused by offenses committed; is twice the Liability and Medical Expenses Limit. The Limits of Insurance of Section II—Liability 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. J. PER LOCATION GENERAL AGGREGATE LIMIT WITH COMBINED TOTAL AGGREGATE LIMIT In Section II -Liability, Paragraph D. Liability and Medical Expenses Limits of Insurance, the following is added: 1. Subject to the Combined Total Aggregate Limit shown in the Declarations, for the sum of all damages that the insured becomes legally obligated to pay for all "bodily injury" and "property damage" caused by "occurrences" under Paragraph A.I. Business Liability, and for all medical expenses caused by accidents under Paragraph A.2. Medical Expenses,which can be attributed only to a single'location": a. A separate Location General Aggregate Limit will apply to each 'location", and that limit is equal to the Other than Products/Completed Operations Aggregate Limit shown in the Declarations. b. The separate Location General Aggregate Limit is the most we will pay for the sum of all damages for "bodily injury" or "property damage" under Paragraph A.I. Business Liability, except in connection with "bodily injury" or "property damage" included in the "products- completed operations hazard", and for medical expenses under Paragraph A.2. Medical Expenses, regardless of the number of: (1) Insureds; (2) Claims made or"suits" brought; or (3) Persons or organizations making claims or bringing"suits". BOP-48130(10/16) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 5 of 18 C. Any payments made under Paragraph A.I. or under Paragraph A.2. Medical Expenses shall reduce the separate Location General Aggregate Limit for that"location". Such payments shall not reduce the Other Than Products/Completed Operations Aggregate Limit shown in the Declarations nor shall they reduce the separate Location General Aggregate Limit for any other"location". d. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the Other Than Products/Completed Operations Aggregate Limit shown in the Declarations, such limits will be subject to the applicable separate Location General Aggregate Limit. 2. Subject to the Combined Total Aggregate Limit shown in the Declarations, for the sum of all damages that the Insured becomes legally obligated to pay for all "bodily injury" or "property damage" caused by occurrences under Paragraph A.I. Business Liability and for all medical expenses caused by accidents under Paragraph A.2., which cannot be attributed only to operations at a single"location". a. Any payments made under Paragraph A.I. Business Liability for damages or under Paragraph A.2. for medical expenses shall reduce the amount available under the Other Than Products/Completed Operations Aggregate Limit or the Products/Completed Operations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce the separate Location General Aggregate Limit applicable to a single"location". 3. Subject to the separate Location General Aggregate Limit and all other applicable limits, the Combined Total Aggregate Limit shown in the Declarations is the most we will pay for the combined sum of amounts described above, regardless of the number of"locations". 4. Any payments we make for"bodily injury" or"property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit regardless of the number of "locations", and not reduce the Other Than Products/Completed Operations Aggregate Limit nor the separate Location General Aggregate Limit applicable to a single"location." 5. As used in this endorsement, "location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 6. The provisions of Paragraph D. Liability and Medical Expenses Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. K. COVERAGE TERRITORY, LIMITED WORLDWIDE With respect to all coverages except Stop Gap—Employer's Liability Coverage, in Section II -Liability, Paragraph F. Liability and Medical Expenses Definitions, paragraph 4. is deleted and replaced by the following: 4. "Coverage territory" means all parts of the world. However, "coverage territory" does not include any: a. "Bodily injury"or"property damage"that takes place or any offense committed outside of the United States of America (including its possessions and territories), Canada and Puerto Rico, unless the insured's responsibility to pay damages is determined by a "suit"on the merits that is brought in the United States of America (including its possessions and territories), Canada or Puerto Rico; or b. Injury or damage in connection with any"suit" brought outside the United States of America (including its possessions and territories), Canada and Puerto Rico. L. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS BOP-48130(10/16) Includes copyrighted material of Insurance Services Office,with its permission, 2016. Page 6 of 18 In Section III—Common Policy Conditions, Paragraph C. Concealment, Misrepresentation or Fraud is amended to include the following additional paragraph: Unintentional failure of an"employee"of the insured to disclose a hazard or other material information will not violate this condition, unless an"executive officer" (whether or not an"employee")of any insured knows about such hazard or other material information. M. OTHER INSURANCE, INCLUDING PRIMARY PROVISION With respect to all coverages except Employee Benefits Liability Coverage—Claims Made, in Section III— Common Policy Conditions, Paragraph H. Other Insurance, subparagraphs 2. and 3. are replaced by the following: H. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this insurance, our obligations are limited as follows: 1. Primary Insurance This insurance is primary except when Paragraph 2 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 3 below. 2. Excess Insurance a. This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for"your work'; (b) That is insurance that applies to"property damage"to premises rented to you or temporarily occupied by you with permission of the owner; or (c) If the loss arises out of aircraft, "autos"or watercraft to the extent not subject to Exclusion g. of Section II.B. Exclusions, 1.Applicable to Business Liability Coverage; or (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional insured. b. When this insurance is excess,we will have no duty to defend the insured against any"suit" if any other insurer has a duty to defend the insured against that"suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. c. 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: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. d. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not brought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this policy. 3. 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. BOP-48130(10/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 7 of 18 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. N. WAIVER OF SUBROGATION REQUIRED BY CONTRACT In Section III—Common Policy Conditions, Paragraph K. Transfer of Rights of Recovery Against Others To Us, subparagraph 2. is replaced by the following: 2. Applicable to Businessowners Liability Coverage: We will waive the rights of recovery we would otherwise have had against another person or organization, for loss to which this insurance applies, provided the insured has waived their rights of recovery against such person or organization in a contract or agreement that is executed before such loss. To the extent that the insured's rights to recover all or part of any payment made under this Coverage Part have not been waived, 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. This paragraph does not apply to Medical Expenses Coverage. O. STOP GAP—EMPLOYER'S LIABILITY COVERAGE If you have"employees" subject to the workers'compensation laws of the states of North Dakota, Ohio, Washington or Wyoming, then Section II—Liability is amended as follows. The following is added to Paragraph A. Coverages: Coverage—Stop Gap—Employer's Liability 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated under either North Dakota, Ohio, Washington or Wyoming law,whichever is applicable, to pay as damages because of"bodily injury by accident"or"bodily injury by disease"to your"employee"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 to which this insurance does not apply. We may, at our discretion, investigate any accident and settle any claim or"suit"that may result. But: (1) The amount we will pay for damages is limited as described in Paragraph D. Liability And Medical Expenses 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 this coverage. With respect to"employees" located in the state of Wyoming, the tender of the Limits of Insurance before judgment or settlement does not relieve us of our duty to defend. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension -Supplementary Payments. b. This insurance applies to"bodily injury by accident"or"bodily injury by disease"only if: (1) The: (a) "Bodily injury by accident"or"bodily injury by disease"takes place in the"coverage territory"; (b) "Bodily injury by accident"or"bodily injury by disease"arises out of and in the course of the injured "employee's" employment by you; and (c) "Employee", at the time of the injury, was covered under a workers' compensation policy and subject to a"workers'compensation law"of either North Dakota, Ohio, Washington or Wyoming, whichever is applicable. BOP-48130(10/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 8 of 18 (2) The: (a) "Bodily injury by accident"is caused by an accident that occurs during the policy period; or (b) "Bodily injury by disease"is caused by or aggravated by conditions of employment by you, and the injured"employee's" last day of last exposure to the conditions causing or aggravating such"bodily injury by disease"occurs during the policy period. c. The damages we will pay, where recovery is permitted by law, include damages: (a) For: (i) Which you are liable to a third party by reason of a claim or"suit"against you by that third party to recover the damages claimed against such third party as a result of injury to your "employee"; (ii) Care and loss of services resulting from the injury described in Paragraph c.(a)(i)above; and (III) Consequential"bodily injury by accident"or"bodily injury by disease"to a spouse, child, parent, brother or sister of the injured"employee" as a consequence of the injury described in Paragraph c.(a)(i)above. (b) With respect to"employees" located in North Dakota,Washington or Wyoming, because of "bodily injury by accident"or"bodily injury by disease"to your"employee"that arises out of and in the course of employment, claimed against you in a capacity other than as an employer. 2. Exclusions Applicable To Stop Gap—Employer's Liability Coverage This insurance does not apply to: a. Intentional Injury "Bodily injury by accident"or"bodily injury by disease" intentionally caused or aggravated by you, or "bodily injury by disease" resulting from an act which is determined to have been committed by you if it is reasonable to believe that an injury is substantially certain to occur. b. Fines Or Penalties Any assessment, penalty or fine levied by any regulatory inspection agency or authority. c. Statutory Obligations Any obligation of the insured under a workers'compensation, disability benefits or unemployment compensation law or any similar law. d. Contractual Liability Liability assumed by you under any contract or agreement. e. Violation Of Law "Bodily injury by accident"or"bodily injury by disease"suffered or caused by any"employee"while employed in violation of law with your actual knowledge or the actual knowledge of any of your "executive officers". f. Termination, Coercion Or Discrimination Damages arising out of coercion, criticism, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination against or termination of any"employee", or arising out of other employment or personnel decisions concerning the insured. g. Failure To Comply With Workers' Compensation Law "Bodily injury by accident"or"bodily injury by disease"to an"employee"when you are: (1) Deprived of common law defenses; or BOP-48130(10/16) Includes copyrighted material of Insurance Services Office,with its permission, 2016. Page 9 of 18 (2) Otherwise subject to penalty; because of your failure to secure your obligations or other failure to comply with any"workers' compensation law". h. Violation Of Age Laws Or Employment Of Minors "Bodily injury by accident"or"bodily injury by disease"suffered or caused by any person: (1) Knowingly employed by you in violation of any law as to age; or (2) Under the age of 14 years, regardless of any such law. i. Federal Laws Any premium, assessment, penalty, fine, benefit, liability or other obligation imposed by or granted pursuant to: (1) The Federal Employer's Liability Act(45 USC Sections 51-60); (2) The Nonappropriated Act(5 USC Sections 8171-8173); (3) The Longshore and Harbor Workers' Compensation Act(33 USC Sections 910-950); (4) The Outer Continental Shelf Lands Act(43 USC Sections 1331-1356); (5) The Defense Base Act(42 USC Sections 1651-1654); (6) The Federal Coal Mine Health and Safety Act of 1969 (30 USC Sections 901-942); (7) The Migrant and Seasonal Agricultural Worker Protection Act(29 USC Sections 1801-1872); (8) Any other workers'compensation, unemployment compensation or disability laws or any similar law; or (9) Any subsequent amendments to the laws listed above. j. Punitive Damages Multiple, exemplary or punitive damages. 3. The Coverage Extension—Supplementary Payments provisions apply to Stop Gap—Employer's Liability Coverage as well as to Business Liability Coverage. 4. For the purposes of Stop Gap—Employer's Liability Coverage only, Paragraph C.Who Is An Insured is replaced by the following: 5. Who Is An Insured 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. BOP-48130(10/16) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 10 of 18 (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, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. However, no person or organization is an insured with respect to the: (1) Ownership, maintenance or use of any assets; or (2) Conduct of any person or organization whose assets, business or organization; any Named Insured acquires, either directly or indirectly, for any"bodily injury by accident"or"bodily injury by disease", in whole or in part, before such acquisition is executed. 6. For the purposes of Stop Gap—Employer's Liability Coverage only, Paragraph D. Liability And Medical Expenses Limits Of Insurance is replaced by the following: D. Liability And Medical Expenses Limits Of Insurance 1. The Limits Of Insurance shown below 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"Bodily Injury By Accident"—Each Accident Limit of$1,000,000 is the most we will pay for all damages covered by this insurance because of"bodily injury by accident"to one or more "employees"in any one accident. 3. The"Bodily Injury By Disease"—Aggregate Limit of$1,000,000 is the most we will pay for all damages covered by this insurance and arising out of"bodily injury by disease", regardless of the number of"employees"who sustain "bodily injury by disease". 4. Subject to Paragraph D.3. above, the"Bodily Injury By Disease"—Each "Employee" Limit of $1,000,000 is the most we will pay for all damages because of"bodily injury by disease"to any one"employee". The limits of Stop Gap—Employer's Liability Coverage 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. 7. For the purposes of Stop Gap—Employer's Liability Coverage only, Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of the Liability And Medical Expenses General Conditions is replaced by the following: 2. Duties In The Event Of Injury,Claim Or Suit a. You must see to it that we or our agent is notified as soon as practicable of a"bodily injury by accident"or"bodily injury by disease"which may result in a claim. To the extent possible, notice should include: (1) How, when and where the"bodily injury by accident"or"bodily injury by disease"took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury. b. If a claim is made or"suit" is brought against any insured, you must: BOP-48130(10/16) Includes copyrighted material of Insurance Services Office,with its permission, 2016. Page 11 of 18 (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 injury, claim, proceeding or"suit'; (2) Authorize us to obtain records and other information; (3) Cooperate with us and assist us, as we may request, in the investigation or settlement of the claim or defense against the"suit'; (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury to which this insurance may also apply; and (5) Do nothing after an injury occurs that would interfere with our right to recover from others. 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. 8. For the purposes of Stop Gap—Employer's Liability Coverage only, Paragraph 4. of the Liability And Medical Expenses Definitions section is replaced by the following 4. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c. All other parts of the world if the injury or damage arises out of the activities of a person whose home is in the territory described in a. above, but who is away for a short time on your business; provided the insured's responsibility to pay damages is determined in the United States (including its territories and possessions), Puerto Rico or Canada, in a suit on the merits according to the substantive law in such territory, or in a settlement we agree to. 9. For the purposes of Stop Gap—Employer's Liability Coverage only, the following are added to the Liability And Medical Expenses Definitions section: a. "Workers compensation law" means the Workers' Compensation Law and any Occupational Disease Law of North Dakota, Ohio, Washington or Wyoming. This does not include provisions of any law providing nonoccupational disability benefits b. "Bodily injury by accident" means bodily injury, sickness or disease sustained by a person, including death, resulting from an accident.A disease is not"bodily injury by accident" unless it results directly from"bodily injury by accident". c. "Bodily injury by disease" means a disease sustained by a person, including death. "Bodily injury by disease"does not include a disease that results directly from an accident. 10. For the purposes of Stop Gap— Employer's Liability Coverage only, the definition of"bodily injury" does not apply. P. EMPLOYEE BENEFITS LIABILITY COVERAGE—CLAIMS MADE Section II—Liability is amended as follows: 1. The following is added to Paragraph A. Coverages: BOP-48130(10/16) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 12 of 18 Coverage—Employee Benefits Liability—Claims Made a. Insuring Agreement (1) We will pay those sums that the insured becomes legally obligated to pay as damages because of any act, error or omission, of the insured, or of any other person for whose acts the insured is legally liable, 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 to which this insurance does not apply. We may, at our discretion, investigate any report of an act, error or omission and settle any"claim" or"suit" that may result. But: (a) The amount we will pay for damages is limited as described in Paragraph 4. below; and (b) Our right and duty to defend end when we have used up the applicable Limit of Insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension -Supplementary Payments. (2) This insurance applies to damages only if: (a) The act, error or omission is negligently committed in the "administration" of your "employee benefit program"; (b) The act, error or omission did not take place before the"retroactive date" nor after the end of the policy period; and (c) A "claim" for damages, because of an act, error or omission, is first made against any insured, in accordance with Paragraph a.(3) below, during the policy period or an Extended Reporting Period we provide under Paragraph 6. of this endorsement. (3) A "claim" seeking damages will be deemed to have been made at the earlier of the following times: (a) When notice of such "claim" is received and recorded by any insured or by us, whichever comes first; or (b) When we make settlement in accordance with Paragraph a.(1) above. A "claim" received and recorded by the insured within 60 days after the end of the policy period will be considered to have been received within the policy period, if no subsequent policy is available to cover the"claim". (4) All "claims" for damages made by an "employee" because of any act, error or omission, or a series of related acts, errors or omissions, including damages claimed by such "employee's" dependents and beneficiaries, will be deemed to have been made at the time the first of those "claims" is made against any insured. b. Exclusions Applicable To Employee Benefits Liability Coverage—Claims Made This insurance does not apply to: (1) Dishonest, Fraudulent,Criminal Or Malicious Act Damages arising out of any intentional, dishonest, fraudulent, criminal or malicious act, error or omission committed by any insured, including the willful or reckless violation of any statute. (2) Bodily Injury, Property Damage Or Personal And Advertising Injury "Bodily injury", "property damage"or"personal and advertising injury". (3) Failure To Perform A Contract Damages arising out of failure of performance of contract by any insurer. BOP-48130(10/16) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 13 of 18 (4) Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the"employee benefit program". (6) Inadequacy Of Performance Of Investment/Advice Given With Respect To Participation Any"claim" based upon: (a) Failure of any investment to perform; (b) Errors in providing information on past performance of investment vehicles; or (c) Advice given to any person with respect to that person's decision to participate or not to participate in any plan included in the"employee benefit program". (6) Workers'Compensation And Similar Laws Any "claim" arising out of your failure to comply with the mandatory provisions of any workers' compensation, unemployment compensation insurance, social security or disability benefits law or any similar law. (7) ERISA Damages for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Security Act of 1974, as now or hereafter amended, or by any similar federal, state or local laws. (8) Available Benefits Any "claim" for benefits to the extent that such benefits are available, with reasonable effort and cooperation of the insured, from the applicable funds accrued or other collectible insurance. (9) Taxes, Fines Or Penalties Taxes, fines or penalties, including those imposed under the Internal Revenue Code or any similar state or local law. (10) Employment-related Practices Damages arising out of wrongful termination of employment, discrimination or other employment- related practices. 2. For the purposes of Employee Benefits Liability Coverage—Claims Made only: a. All references to Supplementary Payments are replaced by Supplementary Payments and Employee Benefits Liability Coverage—Claims Made. b. Paragraphs f.(1)(b),f.(2) and f.(3)of Coverage Extension—Supplementary Payments do not apply. 3. For the purposes of Employee Benefits Liability Coverage—Claims Made only, Paragraph C.2.Who Is An Insured is replaced by the following: 2. Each of the following is also an insured: a. Each of your"employees"who is or was authorized to administer your"employee benefits program". b. Any persons, organizations or"employees" having proper temporary authorization to administer your"employee benefit program" if you die, but only until your legal representative is appointed. c. 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 endorsement. BOP-48130(10/16) Includes copyrighted material of Insurance Services Office, with its permission,2016. Page 14 of 18 4. For the purposes of Employee Benefits Liability Coverage—Claims Made only, Paragraph D. Liability And Medical Expenses Limits Of Insurance is replaced by the following: a. Limits Of Insurance (1) The Limits of Insurance shown below and the rules below fix the most we will pay regardless of the number of: (a) Insureds; (b) "Claims" made or"suits"brought; (c) Persons or organizations making "claims"or bringing"suits"; (d) Acts, errors or omissions; or (e) Benefits Included in your"employee benefit program". (2) The Aggregate Limit of$1,000,000 is the most we will pay for all damages because of acts, errors or omissions negligently committed in the"administration"of your"employee benefit program". (3) Subject to the Aggregate Limit,the Each Employee Limit of$1,000,000 is the most we will pay for all damages sustained by any one"employee" including damages sustained by such "employee's"dependents and beneficiaries, as a result of: (a) An act, error or omission; or (b) A series of related acts, errors or omissions; negligently committed in the"administration"of your"employee benefits program". However, the amount paid under this endorsement shall not exceed, and will be subject to, the limits and restrictions that apply to the payment of benefits in any plan included in the"employee benefit program". The Limits of Insurance of this endorsement 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 of the policy to which this endorsement is attached, 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. b. Deductible (1) Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of the deductible amount of$1,000 as applicable to Each Employee.The Limits of Insurance shall not be reduced by the amount of this deductible. (2) The deductible amount of$1,000 applies to all damages sustained by any one"employee", including such"employee's" dependents and beneficiaries, because of all acts, errors or omissions to which this insurance applies. (3) The terms of this insurance, including those with respect to: (a) Our right and duty to defend any"suits"seeking those damages; and (b) Your duties, and the duties of any other involved insured, in the event of an act, error or omission or claim; apply irrespective of the application of the deductible amount. (4) 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 we have paid. BOP-48130(10/16) Includes copyrighted material of Insurance Services Office,with its permission,2016. Page 15 of 18 5. For the purposes of Employee Benefits Liability Coverage—Claims Made only, Paragraph E.2. Duties In The Event Of Occurrence, Offense, Claim Or Suit is replaced by the following: 2. Duties In the Event Of An Act, Error Or Omission, Or Claim Or Suit a. You must see to it that we are notified as soon as practicable of an act, error or omission which may result in a"claim". To the extent possible, notice should include: (1) What the act, error or omission was and when it occurred; and (2) The names and addresses of anyone who may suffer damages as a result of the act, error or omission. 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 also 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 an act, error or omission 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 without our consent. 6. For the purposes of Employee Benefits Liability Coverage—Claims Made only, the following Extended Reporting provisions are added: Extended Reporting Period a. You will have the right to purchase an Extended Reporting Period, as described below, if: (1) This Employee Benefits Liability Coverage—Claims Made is canceled or not renewed; or (2) We renew or replace this Employee Benefits Liability Coverage—Claims Made with insurance that: (a) Has a retroactive date later than that described in the definition of"retroactive date"; or (b) Does not apply to an act, error or omission on a claims-made basis. b. The Extended Reporting Period does not extend the policy period or change the scope of coverage provided. It applies only to"claims"for acts, errors or omissions that were first committed before the end of the policy period but not before the"retroactive date". Once in effect, the Extended Reporting Period may not be canceled. c. An Extended Reporting Period of five years is available, but only by an endorsement and for an extra charge. You must give us a written request for the endorsement within 60 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. BOP-48130(10/16) Includes copyrighted material of Insurance Services Office,with its permission, 2016. Page 16 of 18 We will determine the additional premium in accordance with our rules and rates. In doing so,we may take into account the following: (1) The"employee benefit programs" insured; (2) Previous types and amounts of insurance; (3) Limits of Insurance available under this endorsement for future payment of damages; and (4) Other related factors. The additional premium will not exceed 100% of the annual premium for Employee Benefits Liability Coverage—Claims Made. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms, not inconsistent with this section, applicable to the Extended Reporting Period, including a provision to the effect that the insurance afforded for"claims"first received during such period is excess over any other valid and collectible insurance available under policies in force after the Extended Reporting Period. d. If the Extended Reporting Period is in effect, we will provide an Extended Reporting Period Aggregate Limit of Insurance described below, but only for claims first received and recorded during the Extended Reporting Period. The Extended Reporting Period Aggregate Limit of Insurance will be equal to the dollar amounts shown in Paragraphs 4.a.(2)and 4.a.(3) above. Paragraph 4.a.(2)of Coverage—Employee Benefits Liability—Claims Made will be amended accordingly.The Each Employee Limit will then continue to apply as set forth in Paragraph 4.a.(3) above. 7. For the purposes of Employee Benefits Liability Coverage—Claims Made only, the following definitions are added to Paragraph F. Liability And Medical Expenses Definitions: a. "Administration" means: (1) Providing information to"employees", including their dependents and beneficiaries,with respect to eligibility for or scope of"employee benefit programs"; (2) Handling records in connection with the"employee benefit program"; or (3) Effecting, continuing or terminating any"employee's" participation in any benefit included in the "employee benefit program". However, "administration"does not include handling payroll deductions. b. "Cafeteria plans" means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pretax dollars. c. "Claim" means any demand, or"suit", made by an"employee"or an"employee's"dependents and beneficiaries, for damages as the result of an act, error or omission. d. "Employee benefit program" means a program providing some or all of the following benefits to "employees",whether provided through a"cafeteria plan"or otherwise: (1) Group life insurance, group accident or health insurance; dental, vision and hearing plans; and flexible spending accounts, provided that no one other than an "employee" may subscribe to such benefits and such benefits are made generally available to those"employees"who satisfy the plan's eligibility requirements; (2) Profit sharing plans, employee savings plans, employee stock ownership plans, pension plans and stock subscription plans, provided that no one other than an "employee" may subscribe to such benefits and such benefits are made generally available to all"employees"who are eligible under the plan for such benefits; BOP-48130(10/16) Includes copyrighted material of Insurance Services Office,with its permission, 2016. Page 17 of 18 (3) Unemployment insurance, social security benefits, workers'compensation and disability benefits; (4) Vacation plans, including buy and sell programs; leave of absence programs, including military, maternity, family and civil leave; tuition assistance plans; transportation and health club subsidies; and (5) Any other similar benefits. e. "Retroactive date" means the first date of the policy period of continuous coverage of this insurance provided by us to the First Named Insured. 8. For the purposes of Coverage—Employee Benefits Liability—Claims Made only, Paragraphs F.S. and F.18. Liability And Medical Expenses Definitions are replaced by the following: 5. "Employee" means a person actively employed, formerly employed, on leave of absence or disabled, or retired. "Employee" includes a"leased worker". "Employee"does not include a"temporary worker". 18. "Suit" means a civil proceeding in which damages because of an act, error or omission 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. 9. For the purposes of Employee Benefits Liability Coverage—Claims Made only, Paragraph 2. of Other Insurance in Section III -Common Policy Conditions is replaced by the following: 2. This Employee Benefits Liability Coverage—Claims Made is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is effective prior to the beginning of the policy period shown in the Declarations of the policy to which this Employee Benefits Liability Coverage—Claims Made is attached and that applies to an act, error or omission on other than a claims-made basis, if the other insurance has a policy period which continues after the"retroactive date". All other terms and conditions of the policy remain unchanged. BOP-48130(10/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 18 of 18 CHUBB" CUSTOMER'S GOODS ENHANCEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM It is agreed that SECTION I—PROPERTY,E. Property Loss Conditions,5. Loss Payment,section d.(3) is amended to delete subsection(b)Property of others.in its entirety and replace it with the following: (b) Property of others. (i) However, if an item(s) of personal property of others is subject to a written contract which governs your liability for loss or damage to that item(s), then valuation of that item(s) will be based on the amount for which you are liable under such contract,but not to exceed the lesser of the replacement cost of the property or the applicable Limit of Insurance. (ii)Except property of others that is customers' goods temporarily in your care, custody, or control for repairing,installing, modifying, cleaning, adjusting, servicing,treatment, storing, selling, appraising, showing,auditing,consulting,or inspecting. All other terms and conditions of this policy remain unchanged. BOP-47638a(ol/19) Page 1 of i (272910) EARTHQUAKE SPRINKLER LEAKAGE (SUB-LIMIT) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Earth uake Sprinkler Leakage Annual Aggregate Limit of Insurance $ 0 Earthquake Sprinkler Leakage Each Occurrence Premises Number Limit of Insurance 1 $ 0 Earthquake Sprinkler Leakage Percenta a Deductible Or Waiting Period Premises Number Percentage Waiting Period 1 5% 72 In Section I—Property, Paragraph A. Coverage. 3. Covered Causes Of Loss, the following is added: A. The following is added to the Covered Causes Of Loss: 1. "Earthquake Sprinkler Leakage". B. All Earthquake shocks or Volcanic Eruptions that occur within any 168-hour period will constitute a single Earthquake or Volcanic Eruption. The expiration of this policy will not reduce the 168-hour period. C. With respect to the coverage provided by this endorsement, we will not pay for loss or damage caused by or resulting from any"Earthquake Sprinkler Leakage"that begins before the inception of this insurance. But, if this policy replaces earthquake insurance that excludes loss or damage that occurs after the expiration of the policy we will pay for loss or damage by Earthquake or Volcanic Eruption that occurs on or after the inception of this insurance, if the series of Earthquake shocks or Volcanic Eruption began with 168 hours prior to the inception of this insurance. D. To the extent that Exclusion 13.1.b. Earth Movement might conflict with coverage provided under this endorsement, that exclusion does not apply. E. Limit Of Insurance 1. General Information With respect to the coverage provided by this endorsement, the term Limit of Insurance means the Limit of Insurance applicable to"Earthquake Sprinkler Leakage"for the coverage or Covered Property under which loss or damage is sustained. 2. Earthquake Sprinkler Leakage Annual Aggregate Limit of Insurance The Earthquake Sprinkler Leakage Annual Aggregate Limit Of Insurance shown in the Schedule above is the most we will pay at all premises shown in the Schedule above during any consecutive 12-month period, beginning with the effective date shown in the Declarations for direct physical loss or damage to Covered Property and resulting Business Income Loss and Extra Expense, if such coverage is provided caused by or resulting from "Earthquake Sprinkler Leakage". 3. Earthquake Sprinkler Leakage Each Occurrence Limit of Insurance BOP-47782(04/16) Copyright 2015 Federal Insurance Company.All Rights Reserved. Includes Page 1 of 3 copyrighted material of Insurance Services Office, Inc., with its permission. Subject to the Earthquake Sprinkler Leakage Annual Aggregate Limit of Insurance shown in the Schedule above, the most we will pay in any one occurrence for direct physical loss or damage to Covered Property, and resulting Business Income loss and Extra Expense, caused by or resulting from "Earthquake Sprinkler Leakage"is the lesser of the sum of the applicable Limits Of Insurance shown in the Declarations or the applicable Earthquake Sprinkler Leakage Each Occurrence Limit of Insurance shown in the Schedule above. F. With respect to the coverage provided by this endorsement, Paragraph D. Deductibles is replaced by the following: 1. We will subtract a sum from the amount of loss or damage in any one occurrence. a. The sum we subtract from each separate item will be a percentage of its value.The applicable percentage is shown in the Schedule above. b. The Deductible applies separately to each of the following: (1) Each building or structure; (2) The contents of each building or structure; and (3) Personal property in the open. Example: When: The of value the property is $100,000 The"Earthquake Sprinkler Leakage"deductible is 5% The amount of loss is $20,000 Step(a)$100,000 X 5% = $5,000 Step(b) $20,000-$5,000= $15,000 The most we will pay is$15,000. The remaining $5,000 is not covered because of the Deductible. 2. The deductible does not apply to the following Additional Coverages: a. Business Income; b. Extra Expense; and c. Civil Authority. If no Earthquake Sprinkler Leakage deductible is shown in the Schedule above, then the applicable deductible shown in the Declarations will apply. G. Waiting Period 1. With respect to the coverage provided by this endorsement, the"period of restoration"for Business Income will begin after the applicable Waiting Period shown in the Schedule above, subject to the applicable Limit Of Insurance. BOP-47782(04/16) Copyright 2015 Federal Insurance Company.All Rights Reserved. Includes Page 2 of 3 copyrighted material of Insurance Services Office, Inc., with its permission. 2. The Waiting Period shown in the Schedule above: a. Applies at each premises in any one occurrence; b. Begins immediately following the direct physical loss or damage by"Earthquake Sprinkler Leakage"; and c. Does not apply to Extra Expense. H. Additional Definitions 1. "Earthquake Sprinkler Leakage" means"leakage from fire protection equipment"caused by or resulting from: a. Earthquake; or b. Volcanic Eruption, meaning eruption, explosion or effusion of a volcano. 2. "Leakage from fire protection equipment'means: a. Water or other substance discharged from within any part of the"fire protection equipment';or b. Collapse of tanks forming a part of the"fire protection equipment,including component parts or supports of those tanks. 3. "Fire protection equipment"means tanks,water mains,hydrants,or valves and any other equipment or its component parts,whether used solely for fire protection orjointly for fire protection and for other purposes. BOP-47782(04/16) Copyright 2015 Federal Insurance Company.All Rights Reserved. Includes Page 3 of 3 copyrighted material of Insurance Services Office, Inc., with its permission. BUSINESSOWNERS BP 05 23 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following. BUSINESSOWNERS COVERAGE FORM The following provisions are added to the If aggregate insured losses attributable to terrorist Businessowners Policy and apply to Property and acts certified under the Terrorism Risk Insurance Liability Coverages: Act exceed $100 billion in a calendar year and we A. CAP ON CERTIFIED TERRORISM LOSSES have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be "Certified act of terrorism" means an act that is liable for the payment of any portion of the amount certified by the Secretary of the Treasury, in of such losses that exceeds $100 billion, and in accordance with the provisions of the federal such case insured losses up to that amount are Terrorism Risk Insurance Act, to be an act of subject to pro rata allocation in accordance with terrorism pursuant to such Act. The criteria procedures established by the Secretary of the contained in the Terrorism Risk Insurance Act for Treasury. a"certified act of terrorism" include the following: B. The terms and limitations of any terrorism 1. The act resulted in insured losses in excess of exclusion, or the inapplicability or omission of a $5 million in the aggregate, attributable to all terrorism exclusion, do not serve to create types of insurance subject to the Terrorism coverage for loss or injury or damage that is Risk Insurance Act; and otherwise excluded under this Policy. 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. BP 06 23 01 16 ©Insurance Services Office, Inc., 2015 Page 1 of 1 LEAD EXCLUSION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM A. The following exclusion is added to Paragraph B.1. Exclusions — Applicable To Business Liability Coverage in Section II—Liability: This insurance does not apply to any "bodily injury", "property damage" or "personal and advertising injury" arising out of any actual, alleged or threatened: 1. Contaminative, pathogenic, toxic or other hazardous properties of"lead"; 2. Defect, deficiency, inadequacy or dangerous condition in"lead"; or 3. a. Request, demand, order or regulatory or statutory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of"lead"; or b. Claim or proceeding by or on behalf of a governmental authority or others for any damages, loss, cost or expense because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of"lead". B. The following definition is added to Paragraph F. Liability And Medical Expenses Definitions: "Lead" means lead in any form, including its presence or use in any alloy, by-product, compound or other material or waste. Waste includes materials to be recycled, reconditioned or reclaimed. All other terms and conditions of this policy remain unchanged. BOP-48573(01/17) Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission, 2017 EMPLOYMENT- RELATED PRACTICES EXCLUSION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following exclusion is added to Paragraph B.1. Exclusions —Applicable To Business Liability Coverage in Section II—Liability: 1. This insurance does not apply to any damages, loss, cost or expense sustained at any time by any person, whether or not sustained in the course of employment by any insured, arising out of any employment-related act, omission, policy, practice or representation directed at such person, occurring in whole or in part at any time, including any: a. Arrest, detention or imprisonment; b. Breach of any express or implied covenant; c. Coercion, criticism, humiliation, prosecution or retaliation; d. Defamation or disparagement; e. Demotion, discipline, evaluation or reassignment; f. Discrimination, harassment or segregation; g. (1) Eviction; or (2) Invasion or other violation of any right of occupancy; h. Failure or refusal to advance, compensate, employ or promote; i. Invasion or other violation of any right of privacy or publicity; j. Termination of employment; or k. Other employment-related act, omission policy, practice, representation or relationship in connection with any insured at any time. 2. This insurance does not apply to any damages, loss, cost or expense sustained at any time by any spouse, child, parent, brother or sister of such person at whom any employment-related act, omission, policy, practice or representation is directed, as described in Paragraph 1. above, as a consequence thereof. 3. Paragraphs 1. and 2. above: a. Apply regardless of the capacity in which the insured may be liable; and b. Also apply to any obligation to share any damages with or repay any person or organization that must pay any damages, loss, cost or expense because of any of the foregoing. BOP-47643(03/16) Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission, 2016. ASBESTOS, SILICA OR SIMILAR COMPOUNDS, INCLUDING MIXED DUST EXCLUSION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM A. The following exclusion is added to Paragraph B.i.Exclusions—Applicable To Business Liability Coverage in Section II—Liability: This insurance does not apply to any"bodily injury","property damage"or"personal and advertising injury" arising out of any actual,alleged or threatened: i. Contaminative,pathogenic,toxic or other hazardous properties of: a. "Asbestos"; b. "Silica";or c. "Mixed dust";or 2. a. Request,demand,order or regulatory or statutory requirement that any insured or others test for, monitor,clean up,remove,contain,treat,detoxify or neutralize,or in any way respond to,or assess the effects of"asbestos","silica"or"mixed dust";or b. Claim or proceeding by or on behalf of a governmental authority or others for any damages,loss,cost or expense because of testing for,monitoring,cleaning up,removing,containing,treating,detoxifying or neutralizing,or in any way responding to,or assessing the effects of"asbestos","silica",or"mixed dust". B. The following definitions are added to Paragraph F. Liability And Medical Expenses Definitions: "Asbestos"means asbestos in any form,including its presence or use in any alloy,by-product,compound or other material or"waste". "Mixed dust"means any combination or mixture of"asbestos"or"silica"and any other dust,fibers or particles,in any form,including any presence or use in any alloy,by-product,compound or other material or "waste". "Silica"means silica in any form(including silicates or other similar silicon compounds),including its presence or use in any alloy,by-product,compound or other material or"waste". "Waste"includes materials to be recycled,reconditioned or reclaimed. BOP-48528(1o/16) Includes copyrighted material of Insurance Services Office,Inc., Page 1 of 1 with its permission,2o16. CHUBB6 COMMUNICABLE OR INFECTIOUS DISEASES EXCLUSION -TOTAL THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following exclusion is added to Paragraph B.1. Exclusions — Applicable To Business Liability Coverage in Section II—Liability: This insurance does not apply to any "bodily injury", "property damage" or "personal and advertising injury" arising out of any: i. Communicable or infectious condition,disease,injury or sickness; 2. Causative agent of any communicable or infectious condition, disease, injury or sickness, regardless of whether such agent gives rise to any such condition,disease,injury or sickness;or g. Actual or attempted counseling or testing for, or containing, detoxifying, mitigating, monitoring or neutralizing of,or responding to,or assessing the effects of any: a. Condition,disease,injury,sickness;or b. Causative agent; described in Paragraph 1.or 2.above,including any: (i) Actual or attempted cure, diagnosis, prevention or treatment of any such condition, disease, injury or sickness; (2)Actual or attempted cleaning up,disposing,handling or removing of any such causative agent;or (3)Failure to perform any of the foregoing. All other terms and conditions of the Policy remain unchanged. BOP-49665(o8/17) Includes copyrighted material of Insurance Services Office,Inc., Page 1 of i with its permission,2016. IM ACE Producer Compensation Practices & Policies ACE believes that policyholders should have access to information about ACE's practices and policies related to the payment of compensation to brokers and independent agents. You can obtain that information by accessing our website at http://www.acenroducercompensation.com or by calling the following toll-free telephone number: 1-866-512-2862. ALL-20887(10/06) IL P 001 01 04 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your pol- icy.You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of"national emergency". OFAC has identified and listed numerous: • Foreign agents; • Front organizations; • Terrorists; • Terrorist organizations; and • Narcotics traffickers; as"Specially Designated Nationals and Blocked Persons".This list can be located on the United States Treasury's web site—http//www.treas.gov/ofac. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. IL P 001 01 04 ©ISO Properties, Inc., 2004 Page 1 of 1 CHUBS' U.S. FOREIGN ACCOUNT TAX COMPLIANCE ACT ("FATCA") The U.S.Foreign Account Tax Compliance Act,commonly known as"FATCA",became the law in the U.S.in March of 2010 and becomes effective July 1,2014. Pursuant to FATCA,brokers,producers,agents and/or clients may need to obtain withholding certificates from insurance companies. For information on how to obtain the applicable withholding certificate from Chubb U.S,insurance companies,please go to the following web site: htt-p://www2.chubb.com/us-en/u-s-foreign-account-tax-compliance-act-fatca.aspx ALL-4249ob(07/16) TRADE OR ECONOMIC SANCTIONS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance,including,but not limited to,the payment of claims. All other terms and conditions of the policy remain unchanged. ALL-21101(11/o6) Page i of i PERIOD OF RESTORATION DEFINITION —WAITING PERIOD AMENDED THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Number Of Consecutive Hours: 72 Information required to complete this Schedule, if not shown above will be shown in the Declarations. In Section i — Property, Paragraph H. Property Definitions, the definition of Period of Restoration is deleted and replaced with the following: "Period of restoration": a. Means the period of time that: (i) Begins: (a)the applicable number of consecutive hours shown in the Schedule above after the time of direct physical loss or damage for Business Income Coverage;or (b)Immediately after the time of direct physical loss or damage for Extra Expense Coverage; caused by or resulting from any Covered Cause of Loss at the described premises;and (2) Ends on the earlier of: (a)The date when the property at the described premises should be repaired, rebuilt or replaced with reasonable speed and similar quality;or (b)The date when business is resumed at a new permanent location. b. Does not include any increased period required due to the enforcement of or compliance with any ordinance or law that: (1) Regulates the construction,use or repair,or requires the tearing down of any property;or (2) Requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize,or in any way respond to,or assess the effects of"pollutants". The expiration date of this policy will not cut short the"period of restoration". BOP-49269(05/17) Copyright 2015 Federal Insurance Company.All Rights Reserved.Includes Page 1 of 1 copyrighted material of Insurance Services Office,Inc., with its permission BUSINESSOWNERS PROPERTY ENHANCEMENTS FOR HEALTHCARE INDUSTRY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESSOWNERS COVERAGE FORM SCHEDULE COVERAGES SUBJECT TO THE BLANKET $50,000 Blanket Limit of Insurance Page LIMIT OF INSURANCE ACCOUNTS RECEIVABLE INCLUDED 3 ELECTRONIC DATA(OTHER THAN COMPUTER INCLUDED 3 VIRUS FINE ARTS INCLUDED 4 FIRE DEPARTMENT SERVICE CHARGE INCLUDED 4 FIRE EXTINGUISHER SYSTEMS RECHARGE INCLUDED 5 EXPENSE LEASEHOLD INTEREST-BONUS PAYMENTS, INCLUDED 5 PREPAID RENT, SUBLEASE PROFIT, TENANTS' LEASEINTEREST LEASEHOLD INTEREST-UNDAMAGED INCLUDED 6 TENANTS' IMPROVEMENTS & BETTERMENTS OUTDOOR PROPERTY INCLUDED 6 PAIR AND SET INCLUDED 6 PERSONAL EFFECTS INCLUDED 6 VALUABLE PAPERS AND RECORDS INCLUDED 7 COVERAGES SUBJECT TO THE APPLICABLE LIMITS OF INSURANCE Page BUILDING OR PERSONAL PROPERTY LIMIT O INSURANCE OR INCLUDED IN BUSINESS INCOME AND EXTRA EXPENSE BRANDS AND LABELS Included in Applicable Personal Property 7 Limit of Insurance BUSINESS PERSONAL PROPERTY Included in Applicable Personal Property 7 ENHANCEMENTS Limit of Insurance ORDINANCE OR LAW—UNDAMAGED PORTION Included in Applicable Building Limit of 8 OF BUILDING Insurance ORDINANCE OR LAW—INCREASED PERIOD OF Included in Business Income And Extra 8 RESTORATION Expense PRESERVATION OF PROPERTY Included in Applicable Building or Personal 9 Property Limit of Insurance TENANTS' BUILDING AND BUSINESS Included in Applicable Building or Personal 9 PERSONAL PROPERTY Property Limit of Insurance COVERAGES SUBJECT TO SEPARATE LIMITS LIMITS OF INSURANCE Page OF INSURANCE BOP-48131 (10/16) Includes copyrighted material of Insurance Services Office, Page 1 of 28 Inc.,with its permission, 2016 APPURTENANT BUILDINGS AND STRUCTURES $50,000 10 BUSINESS INCOME FROM DEPENDENT $50,000 10 PROPERTY BUSINESS INCOME EXTENSION FOR WEBSITES $10,000 11 COMPUTER FRAUD AND FUNDS TRANSFER $5,000 11 FRAUD DEBRIS REMOVAL $25,000 13 DEFERRED PAYMENTS $5,000 13 ELECTRONIC DATA RECOVERY COSTS $10,000 13 (COMPUTER VIRUS) EMPLOYEE DISHONESTY $10,000 14 FORGERY OR ALTERATION $25,000 14 HIRED CAR PHYSICAL DAMAGE $10,000 14 IDENTITY THEFT EXPENSE $15,000 16 MOBILE COMMUNICATION PROPERTY $15,000 17 MONEY AND SECURITIES $5,000 Inside Premises$5,000 Outside 18 Premises NEWLY ACQUIRED OR CONSTRUCTED $500,000 18 PROPERTY—BUILDINGS NEWLY ACQUIRED OR CONSTRUCTED $250,000 18 PROPERTY—BUSINESS PERSONAL PROPERTY NEWLY ACQUIRED OR CONSTRUCTED $100,000 19 PROPERTY—BUSINESS INCOME ORDINANCE OR LAW—DEMOLITION COST $25,000 19 ORDINANCE OR LAW—INCREASED COST OF $25,000 19 CONSTRUCTION OUTDOOR SIGNS $15,000 20 PERSONAL PROPERTY OFF-PREMISES $15,000 21 POLLUTANT CLEAN-UP AND REMOVAL $10,000 21 PRECIOUS METALS $25,000 21 REFRIGERATION BREAKDOWN EXPENSE— $10,000 21 VEHICLES REWARD COVERAGE $5,000 21 TEMPERATURE OR HUMIDITY CHANGE $25,000 22 (INCLUDING SPOILAGE) UNAUTHORIZED BUSINESS CARD USE $5,000 23 UTILITY SERVICES—DIRECT DAMAGE $25,000 23 UTILITY SERVICES—BUSINESS INCOME AND 24 EXTRA EXPENSE OTHER ENHANCEMENTS Page EXTENDED BUSINESS INCOME 90 days 25 GREEN STANDARDS INCLUDED 25 ORDINARY PAYROLL 365 days 26 REMOVAL OF INSURANCE-TO-VALUE INCLUDED 26 PROVISION OTHER PROVISIONS BILLABLE HOURS BUSINESS INCOME INCLUDED _ 27 BUSINESS INCOME AND EXTRA EXPENSE INCLUDED 28 BOP-48131 (10/16) Includes copyrighted material of Insurance Services Office, Page 2 of 28 Inc., with its permission, 2016 EXCLUSIONS _ l BUSINESS INCOME AND EXTRA EXPENSE 28 SUBLIMIT FOR MEDICAL IMAGING OPERATIONS $1,000,000 Notwithstanding anything to the contrary,the provisions of the Businessowners Coverage Form apply, except as provided in this endorsement. In Section I—Property, Paragraph C. Limits Of Insurance, the following is added: $ BLANKET LIMIT OF INSURANCE The Blanket Limit Of Insurance shown above applies only to the coverages subject to the Blanket Limit of Insurance shown above. Unless otherwise stated, this Blanket Limit Of Insurance applies separately at each covered premises shown in the Declarations.This Blanket Limit Of Insurance applies in excess of the applicable deductible shown in the Declarations. At the time of loss, the first Named Insured may elect to apportion this Blanket Limit Of Insurance to one or any combination of the coverages subject to the Blanket Limit of Insurance, but under no circumstances will the aggregate apportionment be permitted to exceed the Blanket Limit Of Insurance shown above at any one covered premises. For purposes of the application of this$ Blanket Limit Of Insurance, all property at one premises shall constitute a single premises. A separate, specific Limit Of Insurance may be purchased for each of these coverages subject to the Blanket Limit of Insurance. If purchased, these Limits Of Insurance and any applicable deductible will be shown in the Declarations with the applicable Blanket Limit of Insurance. If no deductible is shown in the Declarations with a coverage subject to the Blanket Limit of Insurance,then the Property Deductible will apply. When a separate, specific Limit Of Insurance is purchased for any of these coverages subject to the Blanket Limit of Insurance, such specific Limit Of Insurance will apply in addition to whatever amount the First Named Insured apportions to that coverage at time of loss as provided in the previous paragraphs. COVERAGES SUBJECT TO THE BLANKET LIMIT OF INSURANCE A. Accounts Receivable In Section I—Property, Paragraph A. Coverage, 6. Coverage Extensions,f.Accounts Receivable, subparagraph (2)is deleted and replaced with the following: The most we will pay under this Coverage Extension for loss or damage in any one occurrence at the described premises is the applicable Limit Of Insurance for Accounts Receivable shown in the Schedule of this endorsement. B. Electronic Data(Other Than Computer Virus) In Section I—Property, Paragraph A. Coverage, 5.Additional Coverages, p. Electronic Data is deleted and replaced with the following: 1. Subject to the provisions of this Electronic Data(Other Than Computer Virus)Additional Coverage, we will pay for the cost to replace or restore"electronic data"that has been lost or damaged by a Covered Cause of Loss. 2. The Covered Cause of Loss applicable to this Additional Coverage does not include"computer virus". 3. Under Paragraph H. Property Definitions, and only with respect to this Additional Coverage, the following definitions are added: "Computer system" means a computer and all input, output, processing, storage, off-line media library, and communication facilities which are connected to such computer, provided such computer and facilities are: BOP-48131 (10/16) Includes copyrighted material of Insurance Services Office, Page 3 of 28 Inc.,with its permission, 2016 a. Owned and operated by you; b. Leased and operated by you; or c. Utilized by you pursuant to a written contract. "Computer virus" means a computer virus, harmful code or similar instruction introduced into or enacted on a"computer system" (including"electronic data"), or a network to which it is connected, designed to damage or destroy any part of the"computer system"or disrupt its normal operation. 4. The most we will pay under this Additional Coverage in any one occurrence at the described premises is the applicable Limit Of Insurance for Electronic Data (Other Than Computer Virus)shown in the Schedule of this endorsement. C. Fine Arts In Section I—Property, Paragraph A. Coverage, 5.Additional Coverages, the following is added: 1. We will pay for direct physical loss or damage to"fine arts", whether owned by you or owned by others and in your care, custody or control caused by or resulting from a Covered Cause Of Loss. Our payment for loss or damage to"fine arts" of others will only be for the account of the owner of the "fine arts." 2. For the purposes of this Additional Coverage, "fine arts" means paintings, rare books, sculptures, manuscripts, pictures, prints, etchings, drawings, tapestries, bronzes, statuary, potteries, porcelains, marbles, and other bona fide works of art or items of rarity or historical value. 3. Under E. Property Loss Conditions, and only with respect to this Additional Coverage, Paragraph 5. Loss Payment, subparagraphs d. (3)(d) and (e)are deleted and replaced with the following: a. "Fine arts"will be valued at the lesser of the following: (1) The cost of reasonably restoring the"fine arts"to its condition immediately before loss; or (2) The cost of replacing the'fine arts"with substantially identical"fine arts". b. In case of loss to any part of a pair or set, we will: (1) Repair or replace any part to restore the pair or set to its value before the loss; or (2) Pay the difference between the value of the pair or set before and after the loss. c. You must arrange for"fine arts"to be packed and unpacked by competent packers. 4. In Section I—Property, Paragraph A. Coverage, 2. Property Not Covered, the following is added: a. "Fine arts,"except as provided under the Fine Arts Additional Coverage. 5. The most we will pay under this Additional Coverage for loss or damage in any one occurrence at the described premises is the applicable Limit Of Insurance for Fine Arts shown in the Schedule of this endorsement. D. Fire Department Service Charge In Section I—Property, Paragraph A. Coverage, 5.Additional Coverages, c. Fire Department Service Charge is deleted and replaced with the following: 1. When the fire department is called to save or protect Covered Property from a Covered Cause of Loss, we will pay for the charges you: a. Assume under any contract or agreement; or b. Are required to pay by local ordinance, in effect at the time of the direct physical loss or damage. BOP-48131 (10/16) Includes copyrighted material of Insurance Services Office, Page 4 of 28 Inc.,with its permission, 2016 2. The most we will pay under this Additional Coverage in any one occurrence at the described premises is the applicable Limit Of Insurance for Fire Department Service Charge shown in the Schedule of this endorsement, regardless of the number of responding fire departments or fire units, and regardless of the number or type of services performed. E. Fire Extinguisher Systems Recharge Expense In Section I—Property, Paragraph A. Coverage, 5. Additional Coverages, subparagraph o. Fire Extinguisher Systems Recharge Expense is deleted and replaced with the following: 1. We will pay the cost you incur to refill or replace your discharged fire protection equipment, whichever is less, whether or not there is direct physical loss or damage to Covered Property. 2. No deductible applies to this Additional Coverage. 3. The most we will pay under this Additional Coverage is the applicable Limit Of Insurance for Fire Extinguisher Systems Recharge Expense shown in the Schedule of this endorsement. F. Leasehold Interest—Bonus Payments, Prepaid Rent, Sublease Profit, Tenants' Lease Interest In Section I—Property, Paragraph A. Coverage, 5. Additional Coverages, the following is added: 1. We will pay for the"bonus payment", "prepaid rent", "sublease profit" or"tenants' lease interest" loss you incur, directly resulting from the cancellation of your written lease for the premises described in the Declarations. Cancellation of the lease must be by the lessor, by a valid condition of your lease, and due to direct physical loss or damage to a building at the premises described in the Declarations, caused by or resulting from a Covered Cause of Loss. 2. The most we will pay under this Additional Coverage in any one occurrence at the described premises is the applicable Limit Of Insurance for Leasehold Interest- Bonus Payments, Prepaid Rent, Sublease Profit, and Tenants' Lease Interest shown in the Schedule of this endorsement. 3. Under Paragraph H. Property Definitions, and only with respect to this Additional Coverage, the following definitions are added: a. "Bonus payment" means that portion of any cash bonus you paid based on the percentage of your lease remaining at the time of direct physical loss or damage. It does not mean rent, securities or cash bonuses refunded to you, even if you prepaid the rent or security. b. "Prepaid rent" means that portion of any prepaid rent you paid based on the percentage of your lease remaining at the time of direct physical loss or damage. It does not mean the customary rent due at the beginning of any rental period. c. "Sublease profit" means the net profit you earn through subleasing the building or portion of the building that you rent for the unexpired term of the canceled lease or sublease, whichever would expire first.This amount is discounted based on the prime rate of interest at the time of direct physical loss or damage for the unexpired term of the canceled lease or sublease. d. "Tenants' lease Interest"means: (1) The difference between the appraised rental value of the leased premises at the time of direct physical loss or damage for the unexpired term of the lease and the actual rent due for the same period, discounted by the prime rate of interest at the time of direct physical loss or damage,for the unexpired term of the canceled lease; or (2) The difference between the rent due for the unexpired term of the canceled lease and the rent due under the new lease for that same time period, not to exceed the difference between the actual rent due for the unexpired term of the canceled lease and the appraised rental value of the leased premises for that same period. This difference is discounted by the prime rate of interest at the time of direct physical loss or damage for the unexpired term of the canceled lease. G. Leasehold Interest—Undamaged Tenants' Improvements and Betterments BOP-48131 (10/16) Includes copyrighted material of Insurance Services Office, Page 5 of 28 Inc.,with its permission, 2016 In Section I—Property, Paragraph A. Coverage, 5.Additional Coverages, the following is added: 1. We will pay for the value of undamaged "tenants' improvements and betterments"when your lease is cancelled: a. By the lessor; b. By a valid condition of your lease; and c. Due to direct physical loss or damage to a building or business personal property at the premises described in the Declarations, caused by or resulting from a Covered Cause of Loss. 2. The most we will pay under this Additional Coverage in any one occurrence at the described premises is the applicable Limit Of Insurance for Leasehold Interest—Undamaged Tenants' Improvements and Betterments shown in the Schedule of this endorsement. 3. Under Paragraph H. Property Definitions, and only with respect to this Additional Coverage, the following definition is added: "Tenants' improvements and betterments"means fixtures, alterations, installations or additions: a. Made a part of a building you occupy but do not own; and b. You acquired or made at your expense but cannot legally remove. "Tenants' improvements and betterments"does not mean land, water or air, either inside or outside of a structure; paved or concrete surfaces; retaining walls; foundations or supports below the surface of the lowest floor or basement; outdoor trees, shrubs, plants or lawns; or growing crops. H. Outdoor Property In Section I—Property, Paragraph A. Coverage, 6. Coverage Extensions, c. Outdoor Property: 1. The following sentence is deleted: The most we will pay for loss or damage under this Extension is$2,500, unless a higher Limit Of Insurance for Outdoor Property is shown in the Declarations, but not more than$1,000 for any one tree, shrub or plant. 2. The following sentence is added: The most we will pay under this Coverage Extension for loss or damage in any one occurrence is the applicable Limit Of Insurance for Outdoor Property shown in the Schedule of this endorsement, but not more than $2,500 for any one tree, shrub or plant. I. Pair And Set In Section I—Property, Paragraph A. Coverage, 6. Coverage Extensions,the following is added: 1. You may extend the insurance that applies to Business Personal Property to apply to consequential loss to your undamaged Business Personal Property, which is part of your product or any product in your care, custody or control, that has become unmarketable as a complete product because of covered direct physical loss or damage to Business Personal Property which is part of the same product. 2. The most we will pay under this Coverage Extension in any one occurrence at the described premises is the applicable Limit Of Insurance for Pair And Set shown in the Schedule of this endorsement. J. Personal Effects In Section I—Property, Paragraph A. Coverage, 6. Coverage Extensions, paragraph d. Personal Effects is deleted and replaced with the following: 1. You may extend the insurance that applies to Business Personal Property to apply to personal effects: BOP-48131 (10/16) Includes copyrighted material of Insurance Services Office, Page 6 of 28 Inc.,with its permission, 2016 a. Owned by you; or b. Owned or leased by your officers, partners, "members", "managers"or employees and in your care, custody or control. 2. The most we will pay under this Coverage Extension for loss or damage in any one occurrence at the described premises is the applicable Limit Of Insurance for Personal Effects shown in the Schedule of this endorsement. K. Valuable Papers And Records In Section I—Property, Paragraph A. Coverage, 6. Coverage Extensions, e.Valuable Papers And Records, subparagraph (3) is deleted and replaced with the following: The most we will pay under this Coverage Extension for loss or damage in any one occurrence at the described premises is the applicable Limit Of Insurance for Valuable Papers and Records shown in the Schedule of this endorsement. I. COVERAGES SUBJECT TO THE APPLICABLE BUILDING OR PERSONAL PROPERTY LIMIT OF INSURANCE OR INCLUDED IN BUSINESS INCOME AND EXTRA EXPENSE A. Brands And Labels In Section I—Property, Paragraph A. Coverage, 6. Coverage Extensions,the following is added: 1. If this policy insures"stock",which is branded or labeled merchandise held in storage or for sale, and such merchandise suffers covered direct physical loss or damage, you may extend that insurance to apply to the cost to: a. Remove the brand or label and then relabel the lost or damaged merchandise to comply with the law; or b. Label the lost or damaged merchandise as"salvage", but, in doing so, cause no further damage to the merchandise. 2. This Coverage Extension is subject to the applicable Limit Of Insurance for Business Personal Property shown in the Declarations. B. Business Personal Property Enhancements In Section I—Property, Paragraph A. Coverage, 1. Covered Property, subparagraph b. is deleted and replaced with the following: 1. Business Personal Property located in or on the buildings or structures at the described premises or in the open (or in a vehicle)within 1,000 feet of the premises described in the Declarations, including: 2. In Section I—Property, Paragraph A. Coverage, 1. Covered Property,the following are added under subparagraph b: a. Glass in buildings you do not own, if you are legally or contractually required to maintain such glass; and b. Business personal property temporarily in portable storage units. 3. In Section I—Property, Paragraph E. Property Loss Conditions, 5. Loss Payment, subparagraph d.(3)(b) is deleted. 4. In Section I—Property, Paragraph E. Property Loss Conditions, the following is added: If an item(s) of personal property of others is subject to a written contract which governs your liability for loss or damage to that item(s), then valuation of that item(s)will be based on the amount for which you are liable under such contract, but not to exceed the lesser of the replacement cost of the property or the applicable Limit of Insurance. BOP-48131 (10/16) Includes copyrighted material of Insurance Services Office, Page 7 of 28 Inc.,with its permission, 2016 C. Ordinance Or Law—Undamaged Portion Of Building In Section I—Property, Paragraph A.Coverage, 5.Additional Coverages, the following is added: 1. With respect to a building that has sustained covered direct physical loss or damage, we will pay for the loss in value of the undamaged portion of the building, if an 'ordinance or law" requires the demolition of undamaged parts of that building. 2. When there is a loss in value of an undamaged portion of a building to which this Additional Coverage applies,the loss payment for that building, including damaged and undamaged portions, will be determined as follows: a. If the property is repaired or replaced on the same or another premises,we will not pay more than the lesser of the following: (1) The amount you actually spend to repair, rebuild or reconstruct the building, but not more than the amount it would cost to repair, rebuild or reconstruct the building on the same premises and to the same height, floor area, style and comparable quality of the lost or damaged building; or (2) The Limit Of Insurance shown in the Declarations applicable to the lost or damaged building. b. If the building is not repaired or replaced, we will not pay more than the lesser of the following: (1) the actual cash value of the building at the time of loss; or (2) The Limit Of Insurance shown in the Declarations applicable to the lost or damaged building. 3. This Additional Coverage is included in the applicable Building Limit Of Insurance shown in the Declarations. 4. This Additional Coverage is not subject to the terms of the Ordinance Or Law Exclusion, to the extent that such exclusion would conflict with the provisions of this Additional Coverage. 5. Under Paragraph H. Definitions, and for the purposes of this Additional Coverage, the following definition is added: a. "Ordinance or law" means an ordinance or law that regulates the demolition, construction or repair of buildings and establishes zoning or land use requirements applicable to the described premises, provided such ordinance or law is in effect at the time of loss or damage. b. "Ordinance or law"does not include any ordinance or law that requires the demolition, repair, replacement, reconstruction, remodeling or remediation of property due to contamination by "pollutants"or due to the presence, growth, proliferation, spread or activity of"fungi", wet rot or dry rot, or the costs associated with the enforcement of or compliance with any ordinance or law which requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of"pollutants", "fungi", wet rot or dry rot. D. Ordinance Or Law—Increased Period Of Restoration In Section I—Property, Paragraph A. Coverage, 5.Additional Coverages, the following is added: 1. If a Covered Cause of Loss occurs to a building at the premises described in the Declarations and the building is subject to an'ordinance or law", then the definition of"Period Of Restoration" under paragraph H., Definitions is deleted and replaced by the following: a. "Period of restoration" means the period of time that: (1) Begins: (a) 72 hours after the time of direct physical loss or damage caused by or resulting from any Covered Cause of Loss at the described premises, unless a lesser number of hours is shown in the Declarations; or BOP-48131 (10/16) Includes copyrighted material of Insurance Services Office, Page 8 of 28 Inc.,with its permission, 2016 (b) Immediately after the time of the covered direct physical loss or damage for Extra Expense Coverage; and (2) Ends on the earlier of: (a) The date when the property at the described premises should be repaired, rebuilt or replaced with reasonable speed and similar quality; or (b) The date when business is resumed at a new permanent location. b. "Period of restoration" includes any increased period required to repair or reconstruct the property to comply with the minimum standards of an"ordinance or law". c. The expiration date of this policy will not cut short the"period of restoration". 2. Under Paragraph H. Definitions, and for the purposes of this Additional Coverage, the following definition is added: a. "Ordinance or law" means an ordinance or law that regulates the demolition, construction or repair of buildings and establishes zoning or land use requirements applicable to the described premises, provided such ordinance or law is in effect at the time of loss or damage. b. "Ordinance or law" does not include any ordinance or law that requires the demolition, repair, replacement, reconstruction, remodeling or remediation of property due to contamination by "pollutants"or due to the presence, growth, proliferation, spread or activity of"fungi", wet rot or dry rot, or the costs associated with the enforcement of or compliance with any ordinance or law which requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of"pollutants", "fungi", wet rot or dry rot. 3. This Additional Coverage is not subject to the terms of the Ordinance Or Law Exclusion, to the extent that such exclusion would conflict with the provisions of this Additional Coverage. E. Preservation Of Property In Section I—Property, Paragraph A. Coverage, 5. Additional Coverages, b. Preservation of Property is deleted and replaced with the following. 1. If it is necessary to move Covered Property from the described premises to preserve it from loss or damage by a Covered Cause of Loss, we will pay for any direct physical loss or damage to that property: a. While it is being moved or while temporarily stored at another location; and b. Only if the loss or damage occurs within 45 days after the property is first moved. F. Tenants' Building And Business Personal Property In Section I—Property, Paragraph A.Coverage, 5.Additional Coverages,the following is added: 1. We will pay for direct physical loss or damage to Building or Business Personal Property for which you have a contractual responsibility to insure as a tenant. This includes buildings, fixtures, machinery and equipment. 2. The most we will pay under this Additional Coverage for loss or damage in any one occurrence at the described premises is the Limit Of Insurance for Tenants' Building and Business Personal Property shown in the Schedule of this endorsement. II. COVERAGES SUBJECT TO SEPARATE LIMITS OF INSURANCE A. Appurtenant Buildings And Structures In Section I—Property, Paragraph A. Coverage, 6. Coverage Extensions, the following is added: 1. You may extend the insurance that applies to Buildings to apply to incidental appurtenant buildings or BOP-48131 (10/16) Includes copyrighted material of Insurance Services Office, Page 9 of 28 Inc.,with its permission, 2016 structures located within 1,000 feet of the described premises. 2. You may extend the insurance that applies to Business Personal Property to apply to business personal property contained within incidental appurtenant buildings or structures that are located within 1,000 feet of the described premises. 3. For the purposes of this Coverage Extension, incidental appurtenant buildings or structures mean storage buildings, carports, garages, pump houses or above-ground tanks which have not been specifically described in the Declarations. 4. The most we will pay under this Coverage Extension for loss or damage in any one occurrence at the described premises is the applicable Limit Of Insurance for Appurtenant Buildings&Structures shown in the Schedule of this endorsement, regardless of the number of described premises involved. B. Business Income From Dependent Property In Section I—Property, Paragraph A. Coverage, 5.Additional Coverages, m. Business Income From Dependent Properties, subparagraph (1) is deleted and replaced with the following: 1. We will pay for the actual loss of Business Income you sustain due to physical loss or damage at the premises of a dependent property or secondary dependent property caused by or resulting from any Covered Cause Of Loss. 2. However, this Additional Coverage does not apply when the only loss at the premises of a dependent property or secondary dependent property is loss or damage to "electronic data", including destruction or corruption of"electronic data". If the dependent property or secondary dependent property sustains loss or damage to"electronic data"and other property, insurance under this Additional Coverage ends once the other property is repaired, rebuilt or replaced. 3. The most we will pay under this Additional Coverage is the applicable Limit Of Insurance for Business Income From Dependent Property shown in the Schedule of this endorsement. 4. In Section I—Property, Paragraph A. Coverage, 5. Additional Coverages, m. Business Income From Dependent Properties, subparagraph (4) is deleted and replaced with the following: Dependent property means property owned by others whom you depend on to: a. Deliver materials or services to you, or to others for your account. But services does not mean water supply services, wastewater removal services, communication supply services or power supply services; b. Accept your products or services; c. Manufacture your products for delivery to your customers under contract for sale; or d. Attract customers to your business. The dependent property may be located anywhere in the world, except to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance. 5. This Additional Coverage does not apply to property at the premises of a vendor that provides you with "on-line access"services. 6. Under Paragraph H. Property Definitions, the following definition is added: "On-line access" means: a. Accessing information made available by third parties; or b. Making information available to third parties, via computer or other electronic system. C. Business Income Extension For Websites BOP-48131 (10/16) Includes copyrighted material of Insurance Services Office, Page 10 of 28 Inc.,with its permission, 2016 In Section I - Property, Paragraph A. Coverage, 5.Additional Coverages, the following is added: 1. We will pay for the actual loss of Business Income you sustain due to the necessary suspension of your"operations"during the"period of restoration". The suspension must be caused by covered direct physical loss or damage to property at the premises of a vendor that provides you with "on-line access"services. The premises of the vendor may be located anywhere in the world, except to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance. 2. The most we will pay under this Additional Coverage in any one occurrence at the described premises is the applicable Limit Of Insurance for Business Income Extension For Websites shown in the Schedule of this endorsement. 3. This Additional Coverage applies only if you regularly back-up software, data, or other information in electronic form at a location other than the site of the website vendor. 4. Under Paragraph H. Property Definitions, and only with respect to this Additional Coverage, the definition of"period of restoration" is deleted and replaced with the following: "Period of restoration" means the period of time that begins 12 hours after the time of direct physical loss or damage and ends the earlier of: a. The date when the property at the premises of a vendor that provides you with"on-line access" services is repaired or replaced with reasonable speed and similar quality; or b. Seven days following the date of the covered direct physical loss or damage. 5. Under Paragraph H. Property Definitions, the following definition is added: "On-line access" means: a. Accessing information made available by third parties; or b. Making information available to third parties, via computer or other electronic system. D. Computer Fraud And Funds Transfer Fraud In Section I—Property, Paragraph A. Coverage, 5.Additional Coverages, the following is added: 1. We will pay for: a. Loss of or damage to"money", "securities"and "other property"following and directly related to the use of any computer to fraudulently cause a transfer of that property from inside the described premises, bank or savings institution: (1) To a person (other than a messenger) outside those premises; or (2) To a place outside those premises; and b. Loss of"money" or"securities" resulting directly from a"fraudulent instruction" directing a financial institution to transfer, pay or deliver"money" and"securities"from your"transfer account'. 2. The most we will pay under this Additional Coverage is the applicable Limit Of Insurance for Computer Fraud And Funds Transfer Fraud shown in the Schedule of this endorsement. 3. In Section I—Property, Paragraph B. Exclusions, paragraph 2.g. False Pretense is deleted and replaced with the following: We will not pay for loss or damage caused by or resulting from the use or purported use of credit, debit, charge, access, convenience, identification, stored-value or other cards or the information contained on such cards. BOP-48131 (10/16) Includes copyrighted material of Insurance Services Office, Page 11 of 28 Inc.,with its permission, 2016 4. In Section I -Property, Paragraph A. Coverage,4. Limitations, and only with respect to this Additional Coverage, subparagraph a. (4)does not apply. 5. Under Paragraph H. Property Definitions, and only with respect to this Additional Coverage, the following definitions are added: "Employee" means: a. Any natural person: (1) While in your service or for 30 days after termination of service; (2) Who you compensate directly by salary,wages or commissions; and (3) Who you have the right to direct and control while performing services for you; b. Any natural person who is furnished temporarily to you: (1) To substitute for a permanent"employee", as defined in Paragraph (a) above, who is on leave; or (2) To meet seasonal or short-term work load conditions, while that person is subject to your direction and control and performing services for you, excluding, however, any such person while having care and custody of property outside the premises; c. Any natural person who is leased to you under a written agreement between you and a labor leasing firm, to perform duties related to the conduct of your business, but does not mean a temporary employee as defined in Paragraph (b)above; d. Any natural person who is: (1) A trustee, officer, employee, administrator or manager, except an administrator or manager who is an independent contractor, of any"employee benefit plan(s)" insured under this policy; and (2) Your director or trustee while that person is handling"funds" or"other property"of any "employee benefit plan(s)" insured under this policy; e. Any natural person who is a former"employee", director, partner, "member", "manager", representative or trustee retained as a consultant while performing services for you; or f. Any natural person who is a guest student or intern pursuing studies or duties, excluding, however, any such person while having care and custody of property outside the premises. "Employee"does not mean: a. Any agent, broker, factor, commission merchant, consignee, independent contractor or representative of the same general character; or b. Any"manager", director or trustee except while performing acts coming within the scope of the usual duties of an "employee". "Fraudulent instruction" means: a. An electronic, telegraphic, cable, teletype, telefacsimile or telephone instruction which purports to have been transmitted by you, but which was in fact fraudulently transmitted by someone else without your knowledge or consent; b. A written instruction (other than those described in the Forgery Or Alteration Additional Coverage of the Businessowners Coverage Form) issued by you, which was forged or altered by someone other than you without your knowledge or consent or which purports to have been issued by you, but was in fact fraudulently issued without your knowledge or consent; or BOP-48131 (10/16) Includes copyrighted material of Insurance Services Office, Page 12 of 28 Inc.,with its permission, 2016 c. An electronic, telegraphic, cable,teletype, telefacsimile,telephone or written instruction initially received by you which purports to have been transmitted by an "employee" but which was in fact fraudulently transmitted by someone else without your or the"employee's" knowledge or consent. "Other property" means any tangible property other than"money" and"securities"that has intrinsic value but does not include any property excluded under this policy. "Transfer account"means an account maintained by you at a financial institution from which you can initiate the transfer, payment or delivery of"money" and"securities" by means of: a. Electronic, telegraphic, cable,teletype,telefacsimile or telephone instructions communicated directly through an electronic funds transfer system; or b. Written instructions (other than those described in the Forgery Or Alteration Additional Coverage of the Businessowners Coverage Form) establishing the conditions under which such transfers are to be initiated by such financial institution through an electronic funds transfer system. E. Debris Removal In Section I—Property, Paragraph A.Coverage, 5.Additional Coverages, a. Debris Removal, subparagraphs(3), (4) and (5)are deleted and replaced with the following: The most that we will pay under this Additional Coverage in any one occurrence at the described premises is the applicable Limit Of Insurance for Debris Removal shown in the Schedule of this endorsement. F. Deferred Payments In Section I—Property, Paragraph A. Coverage, 6. Coverage Extensions, the following is added: 1. You may extend this insurance to apply to your interest in Business Personal Property that suffers direct physical loss or damage caused by or resulting from a Covered Cause Of Loss and sold by you under a conditional sale or trust agreement or any installment or deferred payment plan: a. While in transit to buyers; or b. After delivery to buyers. 2. The most we will pay under this Coverage Extension for loss or damage in any one occurrence at the described premises is the applicable Limit Of Insurance for Deferred Payments shown in the Schedule of this endorsement. 3. This Coverage Extension does not apply to default by the buyer of such agreement or plan. G. Electronic Data Recovery Costs(Computer Virus) In Section I—Property, Paragraph A. Coverage, 5 Additional Coverages,the following is added: 1. We will pay for"electronic data recovery costs"as a result of direct physical loss or damage to "electronic data"or a"computer system"caused by or resulting from "computer virus". 2. Under Paragraph H. Property Definitions, and only with respect to this Additional Coverage, the following definitions are added: "Electronic data recovery costs" means the reasonable and necessary costs you incur to: a. Copy, recreate, replace or retrieve"electronic data"you own or use, or which resides on a system you own or lease; and b. Restore a system you own or lease to the functionality that existed prior to the"computer virus". "Computer system" means a computer and all input, output, processing, storage, off-line media library, and communication facilities which are connected to such computer, provided such computer and facilities are: BOP-48131 (10/16) Includes copyrighted material of Insurance Services Office, Page 13 of 28 Inc.,with its permission, 2016 a. Owned and operated by you; b. Leased and operated by you; or c. Utilized by you pursuant to a written contract. "Computer virus" means a computer virus, harmful code or similar instruction introduced into or enacted on a"computer system" (including"electronic data"), or a network to which it is connected, designed to damage or destroy any part of the"computer system" or disrupt its normal operation. 3. The most we will pay under this Additional Coverage at all premises for the sum of such"electronic data recovery costs"that occur during each separate 12-month policy period is the Limit Of Insurance for Electronic Data Recovery Costs (Computer Virus) shown in the Schedule of this endorsement. H. Employee Dishonesty In Section I—Property, Paragraph G.Optional Coverages, 3. Employee Dishonesty, subparagraph c. is deleted and replaced with the following: The most we will pay under this Optional Coverage in any one occurrence at the described premises is the applicable Limit Of Insurance for Employee Dishonesty shown in the Schedule of this endorsement. I. Forgery Or Alteration In Section I—Property, Paragraph A. Coverage, 5. Additional Coverages, k. Forgery Or Alteration, subparagraph (4) is deleted and replaced with the following: The most we will pay under this Additional Coverage for any loss, including legal expenses, in any one occurrence at the described premises is the applicable Limit Of Insurance for Forgery Or Alteration shown in the Schedule of this endorsement. J. Hired Car Physical Damage In Section I—Property, Paragraph A. Coverage, 5. Additional Coverages, the following is added: 1. We will pay for direct physical loss or damage caused by or resulting from a Covered Cause of Loss to a"car"that: a. you lease, hire, rent or borrow; or b. is leased, hired or rented by your employee pursuant to a contract in which such employee is a party, with your written permission,while performing duties related to the conduct of your business. 2. We will also pay for damages you are legally obligated to pay for loss of use of a covered leased, hired, or rented "car" if: a. it results from a Covered Cause Of Loss; and b. the lessor sustains an actual financial loss. 3. We will not pay for loss or damage: a. to any"car"while used in professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for loss or damage to any"car"while that"car" is being prepared for such a contest or activity. b. caused by or resulting from: (1) wear and tear, freezing, mechanical or electrical breakdown; or (2) blowouts, punctures or other road damage. c. to any of the following: BOP-48131 (10/16) Includes copyrighted material of Insurance Services Office, Page 14 of 28 Inc.,with its permission, 2016 (1) tapes, records, discs, or other similar audiovisual or other electronic devices designed for use with audiovisual or other electronic equipment; or (2) any device designed or used to detect speed-measuring equipment such as radar or laser detectors and any jamming apparatus intended to elude or disrupt speed measuring equipment. d. to any"car"hired or borrowed from any of your employees, partners (if you are a partnership), "members" (if you are a limited liability company), volunteers, or any member of any of the foregoing's household. e. to a chauffeured vehicle,which is a leased, hired, rented or borrowed"car"operated by a third party driver; or f. to a"car"that is leased for a period of more than six months. 4. We will not pay for loss or damage until it exceeds the Hired Car Physical Damage deductible amount of$1,000. For a"car"to which this Additional Coverage applies, our obligation to pay for, repair, return, or replace the damaged or stolen"car"will be reduced by this Hired Car Physical Damage deductible. 5. The most we will pay under this Additional Coverage is the lesser of the following: a. The actual cash value at the time of loss or damage; b. The cost of repairing or replacing the"car"with another one of like kind and quality; or c. The applicable Limit Of Insurance for Hired Car Physical Damage shown in the Schedule of this endorsement. At our option,we may: a. Pay to repair or replace the"car"; b. Return the"car"at our expense; or c. Take all or any part of the"car"at an agreed or appraised value. If we pay for the loss, our payment will include the applicable sales tax for the damaged or stolen "car." 6. In Section I—Property, Paragraph E. Property Loss Conditions, and only with respect to this Additional Coverage, paragraphs 2.Appraisal and 3. Duties In The Event Of Loss or Damage are deleted and the following are added: a. If you and we disagree on the amount of loss, either party may demand an appraisal of the loss. In this event, each party will select a competent appraiser.The two appraisers will select a competent and impartial umpire. The appraisers will state separately the actual cash value and amount of loss. If they fail to agree, they will submit their differences to the umpire.A decision agreed to by any two will be binding. Each party will pay its chosen appraiser and bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we still retain our right to deny the claim. b. In the event of loss or damage to a hired"car,"you must do the following: (1) Promptly notify the police if all or any part of or the"car" is stolen or inexplicably missing; (2) Take all reasonable steps to protect the"car"from further damage.Also keep a record of your expenses for consideration in the settlement of the claim; (3) Permit us to inspect the"car" and records proving the loss or damage before it's repair or disposition; and BOP-48131 (10/16) Includes copyrighted material of Insurance Services Office, Page 15 of 28 Inc.,with its permission, 2016 (4) Agree to examination under oath at our request and give us a signed statement of your answers. 7. In Section III—Common Policy Conditions, Paragraph H. Other Insurance, and only with respect to this Additional Coverage, Paragraph H. Other Insurance is deleted and the following is added: The insurance provided under this Additional Coverage is intended to be primary insurance. If you have other insurance in the name of your business that provides Hired Car Physical Damage coverage on a primary basis, this coverage will contribute with that other insurance on a pro-rata basis. 8. Under Paragraph F. Property General Conditions, and only with respect to this Additional Coverage, subparagraph 3. No Benefit To Bailee is deleted and replaced with the following: We will not recognize any assignment or provide any insurance for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other provision of this policy. 9. Under Paragraph H. Definitions, and only with respect to this Additional Coverage, the following definition is added: "Car" means a private passenger vehicle or truck with a gross vehicle weight of 20,000 lbs. or less. "Car" includes a trailer with a load capacity of 2,000 lbs. or less and permanently attached. 10. Under Section I—Property, Paragraph A. Coverage, 2. Property Not Covered, subparagraph a. is deleted and replaced with the following: Aircraft, automobiles, motor trucks and other vehicles subject to motor vehicle registration, except as provided in the Hired Car Physical Damage Additional Coverage. K. Identity Theft Expense In Section I—Property, Paragraph A. Coverage, 5. Additional Coverages, the following is added: 1. We will pay for"expenses"you incur as a direct result of any one"identity theft"that is first discovered by you during the policy period.Any act or series of acts committed by one or more persons, or in which such person or persons are aiding or abetting others, against you is considered to be one "identity theft,"even if a series of acts continues into a subsequent policy period. 2. We will not pay for: a. Expenses incurred due to any fraudulent, dishonest or criminal act by any insured, any person aiding or abetting any insured, or any authorized representative or agent of any insured, whether acting alone or in collusion with others; b. Expenses incurred that are not related to the identity of an individual; or c. Loss other than"expenses." 3. This Additional Coverage does not apply to any expenses otherwise covered under the Unauthorized Business Card Use Additional Coverage. 4. We will not pay for incurred"expenses" until the covered "expenses"for any one"identity theft" exceed a deductible of$250. Our obligation to pay for covered"expenses"will be reduced by this "Identity Theft"deductible. 5. The most we will pay under this Additional Coverage for the sum of all covered "expenses" arising out of all"identity theft"against you discovered during each separate 12 month policy period is the applicable Limit Of Insurance for Identity Theft Expense shown in the Schedule of this endorsement. 6. In the event covered"expenses"are incurred by you, within 60 days after our request, you must send us receipts, bills or other records that support your claim for"expenses" under this Additional Coverage. BOP-48131 (10/16) Includes copyrighted material of Insurance Services Office, Page 16 of 28 Inc.,with its permission, 2016 7. Under Paragraph H. Property Definitions, and only with respect to this Additional Coverage, the following definitions are added: "Expenses" mean: a. Costs for notarizing affidavits or similar documents attesting to fraud, required by financial institutions or similar credit grantors or credit agencies; b. Costs for certified mail to law enforcement agencies, credit agencies,financial institutions or similar credit grantors; c. Lost income resulting from time taken off work to: (1) Complete fraud affidavits; (2) Meet with or talk to law enforcement agencies, credit agencies or legal counsel up to a total payment of$5,000, subject to a maximum of$200 per day. d. Loan application fees for reapplying for a loan when the original application is rejected solely because the lender received incorrect credit information; and e. Reasonable attorneys'fees to: (1) Defend lawsuits brought against an Insured by merchants, financial institutions or collection agencies; (2) Remove any criminal or civil judgments wrongly entered against an insured; or (3) Challenge the accuracy or completeness of any information in a consumer credit report; or f. Reasonable fees for professional financial advice or professional credit advice. "Identity theft" means the act of knowingly transferring or using, without lawful authority, a means of identification of an Insured with the intent to commit, or to aid or abet another to commit, any unlawful activity that constitutes a violation of federal law or a felony under any applicable state or local law. L. Mobile Communication Property In Section I—Property, Paragraph A. Coverage, 5.Additional Coverages,the following is added: 1. We will pay for direct physical loss or damage to"mobile communication property"caused by or resulting from a Covered Cause of Loss. 2. The"mobile communication property" may be located anywhere in the world, except to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance. 3. This Additional Coverage does not apply to"mobile communication property"at, or within 1,000 feet of,the premises described in the Declarations. 4. We will not pay for loss or damage under this Additional Coverage unless the amount exceeds the Mobile Communication Deductible amount of$2,500 in any one occurrence or the Mobile Communication Deductible amount shown in the Declarations, whichever is greater. 5. The most we will pay under this Additional Coverage for loss or damage in any one occurrence is the Limit Of Insurance for Mobile Communication Property shown in the Schedule of this endorsement. 6. In Section I—Property, Paragraph H. Definitions, and only with respect to this Additional Coverage, the following definition is added: "Mobile communication property" means cellular telephones, laptop computers, pagers, personal digital assistants, mobile hand held global positioning systems and other hand held communication devices. BOP-48131 (10/16) Includes copyrighted material of Insurance Services Office, Page 17 of 28 Inc.,with its permission, 2016 M. Money And Securities In Section I—Property, Paragraph G. Optional Coverages, 2. Money And Securities, subparagraph c. is deleted and replaced with the following: 1. The most we will pay under this Optional Coverage in any one occurrence for loss of or damage to ,'money"and "securities"while: a. In or on the described premises; or b. Within a bank or savings institution, is the applicable Limit Of Insurance for Money And Securities- Inside The Premises shown in the Schedule of this endorsement. 2. The most we will pay under this Optional Coverage in any one occurrence for loss or damage to ,'money"and "securities"while located anywhere within the Coverage Territory, other than paragraph (1) above, is the Limit Of Insurance for Money And Securities-Outside The Premises shown in the Schedule of this endorsement. 3. Under Section I—Property, Paragraph B. Exclusions, and only with respect to this Optional Coverage,the following exclusion is added: We will not pay for loss or damage to"money" and "securities"following and directly related to the use of any computer to fraudulently cause a transfer of that property from inside the described premises, bank or savings institution to a: a. Person (other than a messenger); or b. Place, outside those premises. N. Newly Acquired Or Constructed Property—Buildings 1. In Section I—Property, Paragraph A. Coverage, 6. Coverage Extensions, a. Newly Acquired or Constructed Property, subparagraph (1) Buildings, the last sentence is deleted and replaced with the following: The most we will pay under this Coverage Extension for loss or damage in any one occurrence is the applicable Limit Of Insurance for Newly Acquired Or Constructed Property—Buildings shown in the Schedule of this endorsement. 2. In Section I—Property, Paragraph A. Coverage, 6. Coverage Extensions, a. Newly Acquired or Constructed Property, subparagraph (3)(b) of Period of Coverage is deleted and replaced with the following: "180 days expire after you acquire the property or begin construction of that part of the building that would qualify as Covered Property". O. Newly Acquired Or Constructed Property—Business Personal Property 1. In Section I—Property, Paragraph A. Coverage, 6. Coverage Extensions, a. Newly Acquired or Constructed Property, the last paragraph of subparagraph (2) Business Personal Property is deleted and replaced with the following: The most we will pay under this Coverage Extension for loss or damage in any one occurrence is the applicable Limit Of Insurance for Newly Acquired Or Constructed Property—Business Personal Property shown in the Schedule of this endorsement. 2. Under Section I—Property, Paragraph A. Coverage, 6. Coverage Extensions, a. Newly Acquired or Constructed Property, subparagraph (3)(b)of Period of Coverage is deleted and replaced with the following: BOP-48131 (10/16) Includes copyrighted material of Insurance Services Office, Page 18 of 28 Inc.,with its permission, 2016 180 days expire after you acquire the property or begin construction of that part of the building that would qualify as Covered Property". P. Newly Acquired Or Constructed Property—Business Income In Section I—Property, Paragraph A. Coverage, 6. Coverage Extensions, the following is added: 1. You may extend your business income coverage to apply to property at any location you acquire. 2. Insurance under this Coverage Extension for each newly acquired location will end when any of the following first occurs: a. This policy expires; b. 180 days expire after you acquire the location; or c. You report the values to us. 3. We will charge you additional premium for values reported from the date you acquire the property. 4. The most we will pay under this Coverage Extension for loss of Business Income in any one occurrence is the Limit Of Insurance for Newly Acquired Or Constructed Property—Business Income shown in the Schedule of this endorsement. Q. Ordinance Or Law—Demolition Cost In Section I—Property, Paragraph A. Coverage, 5. Additional Coverages,the following is added: 1. With respect to a building that has sustained covered direct physical loss or damage, we will pay for the cost to demolish and clear the site of the undamaged parts of the same building, if an'ordinance or law" requires the demolition of such undamaged property. 2. The most we will pay under this Additional Coverage is the Limit Of Insurance for Ordinance Or Law— Demolition Costs shown in the Schedule of this endorsement. 3. This Additional Coverage is not subject to the terms of the Ordinance Or Law Exclusion, to the extent that such exclusion would conflict with the provisions of this Additional Coverage. 4. Under Paragraph H. Definitions, and for the purpose of this Additional Coverage, the following definition is added: a. "Ordinance or law" means an ordinance or law that regulates the demolition, construction or repair of buildings and establishes zoning or land use requirements applicable to the described premises, provided such ordinance or law is in effect at the time of loss or damage. b. "Ordinance or law" does not include enforcement of or compliance with any ordinance or law that requires the demolition, repair, replacement, reconstruction, remodeling or remediation of property due to contamination by"pollutants" or due to the presence, growth, proliferation, spread or activity of"fungi", wet rot or dry rot, or the costs associated with the enforcement of or compliance with any ordinance or law which requires any insured or others to test for, monitor, clean up, remove, contain,treat, detoxify or neutralize or in any way respond to or assess the effects of"pollutants", "fungi", wet rot or dry rot. R. Ordinance Or Law—Increased Cost Of Construction In Section I—Property, Paragraph A. Coverage, 5. Additional Coverages, Paragraph I. Increased Cost of Construction is deleted and replaced with the following: 1. With respect to a building that has sustained covered direct physical loss or damage, we will pay the increased cost to: a. Repair or reconstruct the damaged portions of that building; or BOP-48131 (10/16) Includes copyrighted material of Insurance Services Office, Page 19 of 28 Inc.,with its permission, 2016 b. Reconstruct or remodel the undamaged portions of that building, whether or not demolition is required, when the increased cost is a consequence of a requirement to comply with the minimum standards of an'ordinance or law". 2. We will not pay under this Additional Coverage: a. Until the property is actually repaired or replaced, at the same or another premises; and b. Unless the repair or replacement is made as soon as reasonably possible after the loss or damage, not to exceed 2 years. We may extend this period in writing during the two years. 3. If the building is repaired or replaced at the same premises, or if you elect to rebuild at another premises, the most we will pay under this Additional Coverage is the lesser of the: a. Increased cost of construction at the same premises; or b. Limit Of Insurance for Ordinance Or Law—Increased Cost Of Construction shown in the Schedule of this endorsement. 4. This Additional Coverage applies only if the: a. Restored or remodeled building is intended for similar occupancy as the current property, unless such occupancy is not permitted by zoning or land use ordinance or law; and b. Building is repaired, reconstructed or remodeled. 5. Paragraph E.5.d. Loss Payment Property Loss Condition does not apply to this Additional Coverage. 6. The most we will pay under this Additional Coverage is the Limit Of Insurance for Ordinance Or Law— Increased Cost Of Construction shown in the Schedule of this endorsement. 7. Under Paragraph H. Definitions, and for the purposes of this Additional Coverage, the following definition is added: a. "Ordinance or law" means an ordinance or law that regulates the demolition, construction or repair of buildings and establishes zoning or land use requirements applicable to the described premises, provided such ordinance or law is in effect at the time of loss or damage. b. "Ordinance or law"does not include enforcement of or compliance with any ordinance or law that requires the demolition, repair, replacement, reconstruction, remodeling or remediation of property due to contamination by"pollutants"or due to the presence, growth, proliferation, spread or activity of"fungi", wet rot or dry rot, or the costs associated with the enforcement of or compliance with any ordinance or law which requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of"pollutants", 'fungi", wet rot or dry rot. 8. This Additional Coverage is not subject to the terms of the Ordinance Or Law Exclusion, to the extent that such exclusion would conflict with the provisions of this Additional Coverage. 9. When direct physical loss or damage is caused by or results from both a Covered Cause Of Loss and an excluded peril, this Additional Coverage will not include the Ordinance or Law costs attributable to the excluded peril. Instead, this Additional Coverage will be based on that portion of such costs equal to the proportion that the covered direct physical loss or damage bears to the total direct physical loss or damage, not including Ordinance Or Law costs, unless the'ordinance or law"applies solely to that portion of the Building that suffered the covered direct physical loss or damage. S. Outdoor Signs In Section I—Property, Paragraph G. Optional Coverages, 1. Outdoor Signs, subparagraph (d) is deleted and replaced with the following: The most we will pay under this Optional Coverage for loss or damage in any one occurrence is the BOP-48131 (10/16) Includes copyrighted material of Insurance Services Office, Page 20 of 28 Inc.,with its permission, 2016 applicable Limit Of Insurance for Signs shown in the Schedule of this endorsement. T. Personal Property Off-Premises In Section I—Property, Paragraph A. Coverage, 6. Coverage Extensions, b. Personal Property Off- premises is deleted and replaced with the following: 1. You may extend the insurance provided by this policy to apply to your Covered Property while it is in the course of transit or while at unspecified premises. 2. This Coverage Extension does not apply to"money"or"securities". 3. The most we will pay under this Coverage Extension for loss or damage in any one occurrence is the Limit Of Insurance for Personal Property Off-premises shown in the Schedule of this endorsement. U. Pollutant Clean-up And Removal In Section I—Property, Paragraph A. Coverage, 5. Additional Coverages,the last paragraph under paragraph h. Pollutant Clean-up And Removal is deleted and replaced with the following: The most we will pay for each location under this Additional Coverage for the sum of all such expenses arising out of Covered Causes of Loss occurring during each separate 12-month period of this policy is the Limit Of Insurance for Pollutant Clean-up And Removal shown in the Schedule of this endorsement. V. Precious Metals In Section I—Property, Paragraph A. Coverage,4. Limitations, subparagraph c. (2) is deleted and replaced with the following: The most we will pay for loss or damage in any one occurrence for precious metals, including bullion, gold, silver, platinum and other precious alloys and metals not incorporated into jewelry is the Limit Of Insurance for Precious Metals shown in the Schedule of this endorsement. This Limitation applies only to loss or damage by theft. W. Refrigeration Breakdown Expense-Vehicles In Section I—Property, Paragraph A. Coverage, 5. Additional Coverages, the following is added: 1. We will pay for the necessary"refrigeration expenses"you incur to avoid the imminent spoilage of your refrigerated product due to the sudden and accidental breakdown of refrigerated equipment while on transporting conveyances you own or lease. 2. Under Paragraph H. Property Definitions, and only for the purposes of this Additional Coverage, the following definition is added: 3. "Refrigeration expense" means: a. Expenses to dispatch a replacement vehicle, including the additional wages of the driver of that replacement vehicle; b. Wages for laborers to unload the disabled vehicle and reload the replacement vehicle; and c. Expenses for temporary storage of product in cold storage facilities while awaiting disposition of the product. 4. The most we will pay under this Additional Coverage for all refrigeration expenses in any one occurrence is the applicable Limit Of Insurance for Refrigeration Breakdown Expense—Vehicles shown in the Schedule of this endorsement. X. Reward Coverage In Section I—Property, Paragraph A. Coverage, 5. Additional Coverages, the following is added: BOP-48131 (10/16) Includes copyrighted material of Insurance Services Office, Page 21 of 28 Inc.,with its permission, 2016 1. This insurance is extended to apply to a reward for information leading to a felony conviction arising out of loss or damage to Covered Property caused by or resulting from arson, larceny, burglary or vandalism. 2. The most we will pay for this Additional Coverage is 25% of the covered loss or damage, not to exceed the Limit Of Insurance for Reward Coverage shown in the Schedule of this endorsement. Y. Temperature Or Humidity Change (Including Spoilage) In Section I—Property, Paragraph A. Coverage, 5. Additional Coverages, the following is added: 1. We will pay for direct physical loss or damage to"perishable stock" at the described premises caused by or resulting from: a. a change in temperature or humidity resulting from: (1) "Mechanical breakdown"; or (2) Failure of: (a) Stationary heating units; or (b) Refrigerating, cooling or humidity control apparatus or equipment; only while such units, equipment or apparatus are at the described premises; b. Complete or partial failure of electrical power on the described premises. Such failure of power must be due to conditions beyond your control; or c. The sudden and accidental discharge, dispersal, seepage, migration, release or escape of a refrigerant. 2. This Additional Coverage does not apply to"perishable stock": a. That is a vegetated roof; b. In the open; or c. In vehicles. 3. Under Paragraph E. Property Loss Conditions, and only with respect to this Additional Coverage, the following is added under Loss Payment: "Finished perishable stock" is valued at your selling price, less any discounts and expenses you otherwise would have had. 4. This Additional Coverage is not subject to the terms of the Ordinance Or Law Exclusion, Utility Services Exclusion or the Mechanical Breakdown Exclusion to the extent that such exclusions would conflict with the provisions of this Additional Coverage. 5. Under Section I—Property, Paragraph B. Exclusions, and only with respect to this Additional Coverage, the following exclusion is added: We will not pay for loss or damage caused by or resulting from the: a. Disconnection of any of the following systems from the source of power: (1) Refrigeration; (2) Cooling; or (3) Humidity control; b. Loss of electrical power caused by shutting off of any switch or other device used to control the flow of electrical power or current. BOP-48131 (10/16) Includes copyrighted material of Insurance Services Office, Page 22 of 28 Inc.,with its permission, 2016 c. Inability of an electrical utility company, your stationary heating system, or any other power source to provide sufficient heat or power due to: (1) Lack of fuel; (2) Lack of capacity to make enough heat or power; or (3) An order of government authority. d. Faulty operation of equipment or failure of equipment. 6. The most we will pay under this Additional Coverage for loss or damage in any one occurrence is the applicable Limit Of Insurance for Temperature or Humidity Change (Including Spoilage) shown in the Schedule of this endorsement. 7. Under Section I—Property, Paragraph H. Property Definitions and only for the purposes of this Additional Coverage, the following definitions are added: "Finished perishable stock" means"perishable stock"which you have manufactured which is in its completed state and ready for sale. "Finished perishable stock' does not mean "perishable stock"that you have manufactured which is in its completed state and ready for sale on the premises of any retail outlet. "Mechanical breakdown" means: a. Breaking or separation of any mechanical part(s), other than gas pipes or lines; or b. Burning out of any electrical motor servicing unity; and requiring replacement of the damaged parts to become functional. "Mechanical breakdown"does not mean faulty operation or failure of equipment which results in temperature change but does not require replacement of broken parts. "Perishable stock" means personal property: a. Maintained under controlled conditions for its preservation; and b. Susceptible to direct physical loss or damage if the controlled conditions change. Z. Unauthorized Business Card Use In Section I—Property, Paragraph A. Coverage, 5. Additional Coverages, the following is added: 1. We will pay for: a. Your loss of"money"; or b. Charges and costs you incur,that result directly from the unauthorized use of credit, debit or charge cards issued in your business name, including funds transfer cards, charge plates, or telephone cards. 2. The most we will pay under this Additional Coverage in any one occurrence is the applicable Limit Of Insurance for Unauthorized Business Card Use shown in the Schedule of this endorsement. AA.Utility Services—Direct Damage In Section I—Property, Paragraph A. Coverage, 6. Coverage Extensions, the following is added: 1. We will pay for direct physical loss or damage to Covered Property caused by or resulting from the interruption of utility service to the described premises. The interruption must result from direct physical loss or damage by a Covered Cause Of Loss to"property of a utility" not on the described premises. 2. This Coverage Extension is not subject to the terms of the Utility Services Exclusion, to the extent that such exclusion would conflict with the provisions of this Coverage Extension. BOP-48131 (10/16) Includes copyrighted material of Insurance Services Office, Page 23 of 28 Inc.,with its permission,2016 3. Under Paragraph H, Property Definitions, the following is added: "Property of a utility" means property owned or leased by a utility and used to provide the described premises with: a. Water supply b. Communication supply; or c. "Power supply services. 4. The most we will pay under this Coverage Extension for loss or damage in any one occurrence at the described premises is the Limit Of Insurance for Utility Services—Direct Damage shown in the Schedule of this endorsement. BB.Utility Services—Business Income And Extra Expense In Section I—Property, Paragraph A. Coverage, 6. Coverage Extensions, the following is added: 1. We will pay for the actual loss of Business Income you sustain and Extra Expense you incur due to the suspension of your"operations" at the described premises during the"period of restoration". The suspension must be caused by or result from direct physical loss or damage by a Covered Cause of Loss to"property of a utility" not on the described premises. 2. Under Paragraph H. Property Definitions, and only for the purposes of this Coverage Extension, the definition of"Period Of Restoration" is deleted and the following definitions are added: "Period of restoration" means the period of time that: a. Begins: (1) 12 consecutive hours after the time of direct physical loss or damage to"property of a utility" for loss of Business Income; or (2) Immediately after the time of direct physical loss or damage to"property of a utility", Caused by or resulting from a Covered Cause Of Loss; and b. Ends on the earlier of: (1) The date when the"property of a utility"should be repaired, rebuilt or replaced with reasonable speed and similar quality; or (2) The date when business is resumed at a new permanent location. The expiration date of this policy will not cut short the"period of restoration". "Property of a utility" means property owned or leased by a utility and used to provide the described premises with: a. Water supply; b. Communication supply; or c. Power supply, services. "Property of a utility"does not mean property located at the premises of a vendor that provides you with"on-line access"services. "On-line access" means: a. Accessing information available to third parties; or b. Making information available to third parties, BOP-48131 (10/16) Includes copyrighted material of Insurance Services Office, Page 24 of 28 Inc.,with its permission, 2016 Via computer or other electronic system. 3. We will not pay for any reduction in business income or extra expense after the relevant utility service(s) has been restored to the described premises. 4. The most we will pay under this Coverage Extension in any one occurrence at the described premises is the applicable Limit Of Insurance for Utility Services—Business Income And Extra Expense shown in the Schedule of this endorsement. III. OTHER ENHANCEMENTS A. Extended Business Income In Section I—Property, Paragraph A. Coverage, 5.Additional Coverages, f. Business Income, subparagraph (ii)of(2) Extended Business Income is deleted and replaced with the following: 1. Ends on the earlier of the: a. Date you could restore your"operations", with reasonable speed to the level which would generate the Business Income amount that existed if no direct physical loss or damage had occurred; or b. Number of consecutive days shown in the Schedule of this endorsement, beginning with the date the property, except finished stock, is actually repaired, rebuilt or replaced and'operations" are resumed. B. Green Standards In Section I—Property, Paragraph E. Property Loss Conditions, 5. Loss Payment, the following is added: 1. Subject to the applicable Limit Of Insurance, if you repair or replace Covered Property, the valuation will include the necessary and incurred expenses to: a. Hire professionals accredited pursuant to"green standards"to participate in the repair or replacement of Covered Property; b. Register and certify the repaired or replaced Covered Property pursuant to"green standards"; c. Dispose of debris, certified pursuant to"green standards", at recycling facilities, if such debris can be recycled; and d. Ventilate the repaired or replaced Covered Property in a manner consistent with "green standards". 2. When direct physical loss or damage is caused by or results from both a Covered Cause Of Loss and an excluded peril, the valuation will not include "green standards" costs attributable to the excluded peril. Instead, the valuation will be based on that portion of such costs equal to the proportion that the covered direct physical loss or damage bears to the total direct physical loss or damage, not including "green standards" costs, unless the "green standards" apply solely to that portion of the Covered Property that suffered the covered direct physical loss or damage. 3. This Green Standards Loss Payment provision: a. Does not include any increase in costs, loss or damage: (1) To clean up or remove"pollutants"from land, water or air, either inside or outside of a building; (2) To clean up, remove, restore or replace Covered Property because of the presence, growth, proliferation, spread or activity of"fungi",wet rot or dry rot; (3) To clean up, remove, restore or replace polluted land,water or air either inside or outside of a building; or BOP-48131 (10/16) Includes copyrighted material of Insurance Services Office, Page 25 of 28 Inc.,with its permission, 2016 (4) Attributable to any"green standards"you did not comply with before the loss, regardless of when such "green standards" became effective. b. Does not apply to: (1) Loss or damage caused by or resulting from fire which ensues from nuclear reaction or radiation, or radioactive contamination; (2) Limited Coverage for"Fungi", Wet Rot or Dry Rot Additional Coverage or the Pollutant Clean Up Or Removal Additional Coverage; or (3) "Stock". In Section I—Property, Paragraph H. Definitions, the following definition is added: "Green standards"means: a. The LEEDR Green Building Rating SystemTM of the United States Green Building Council; b. Requirements of the Green GlobesR Assessment And Rating System of the Green Building Initiative; c. Energy StarR qualified requirements; or d. Other site development,water savings, energy efficiency, materials or equipment selection and other environmental quality standards for the design and construction of property. C. Ordinary Payroll In Section I—Property, Paragraph A. Coverage, S. Additional Coverage, f. Business Income, subparagraph (b) is deleted and replaced with the following: 1. We will only pay for: a. The loss of Business Income that you sustain during the"period of restoration" and that occurs within 12 consecutive months after the date of direct physical loss or damage; and b. Ordinary payroll expenses for the number of days shown for Ordinary Payroll in the Schedule of this endorsement, following the date of direct physical loss or damage, unless a greater number of days is shown in the Declarations. D. Removal Of Insurance-To-Value Provision In Section I—Property, Paragraph E. Property Loss Conditions, 5. Loss Payment, subparagraphs d. (1)(a)and d. (1)(b) are deleted and replaced with the following: 1. At replacement cost without deduction for depreciation, subject to the following: a. We will pay the cost to repair or replace, after application of the deductible and without deduction for depreciation, but not more than the least of the following amounts: (1) The Limit of Insurance under Section I—Property that applies to the lost or damaged property; (2) The cost to replace, on the same premises,the lost or damaged property with other property: (a) Of comparable material and quality; and (b) Used for the same purpose; or (3) The amount that you actually spend that is necessary to repair or replace the lost or damaged property. 2. If a building is rebuilt at a new premises, the cost is limited to the cost which would have been incurred had the building been built at the original premises. BOP-48131 (10/16) Includes copyrighted material of Insurance Services Office, Page 26 of 28 Inc.,with its permission, 2016 IV. OTHER PROVISIONS A. Billable Hours (Business Income) In Section I — Property, A. Coverage, Paragraph 5. Additional Coverages, f. Business Income, subparagraph(c.) is deleted and replaced with the following 1. Business Income means: a. Revenue,which you would have earned, based upon: (1) Billable hours; (2) Fees for services; or (3) Other sources, b. Minus: (1) All expenses; (2) Any revenue that can be subsequently recovered or made up; and (3) Revenue you can continue to earn by continuing all or any part of your 'operations" during the "period of restoration", regardless of whether you elect to continue all or part of such "operations", c. Plus: (1) Your continuing normal operating payroll expenses; (2) Charges you incur which are the legal obligation of your tenant(s) which would otherwise be your obligations; and (3) The cost you are required to pay to rent temporary premises when that portion of the premises described in the Declarations occupied by you is untenable, not to exceed the fair rental value of such untenable portion of the Building you occupy. 2. Business Income does not mean: a. Bank interest or investment income; b. Revenue from any contingent fee arrangement; c. Expenses normally incurred for a client for: (1) Client travel; (2) Client development; or (3) Client entertainment; d. Consideration, other than money, that would have been earned; or e. Revenue that would likely have been earned as a result of an increase in the volume of business due to favorable business conditions caused by the impact of the Covered Cause Of Loss on customers or on other businesses. BOP-48131 (10/16) Includes copyrighted material of Insurance Services Office, Page 27 of 28 Inc.,with its permission, 2016 B. Business Income And Extra Expense Exclusions In Section I—Property, Paragraph B. Exclusions, 5. Business Income and Extra Expense Exclusions, paragraph a., the following is added: 1. We will not pay for: Business Income Loss or Extra Expense caused by or resulting from direct physical loss or damage to property described in Section I—Property, Paragraph A. Coverage, 2. Property Not Covered. C. Business Income And Extra Expense Sublimit For Medical Imaging Operations In Section I—Property, Paragraph C. Limits Of Insurance, the following is added: The most we will pay for: 1. The actual loss of Business Income you sustain due to the necessary suspension of your"medical imaging operations"caused by direct physical loss or damage to Covered Property at, or within 1,000 feet of, the premises shown in the Declarations caused by or resulting from a Covered Cause of Loss; and 2. Extra Expense you incur that you would not have incurred if there had been no such direct physical loss or damage, is the Business Income And Extra Expense Sublimit For Medical Imaging Operations shown in the Schedule of this endorsement. In Section I—Property, Paragraph H. Property Definitions, the following is added: "Medical imaging operations" means the creation of visual representations of the interior of a human body for clinical analysis and medical intervention. BOP-48131 (10/16) Includes copyrighted material of Insurance Services Office, Page 28 of 28 Inc.,with its permission, 2016 CHUBS" MARIJUANA EXCLUSION THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM A. Section I—Property is amended as follows: 1. The following is added to Paragraph A.2.Property Not Covered: a. "Marijuana". 2. Coverage under this Policy does not apply to that part of Business Income loss or Extra Expense incurred due to a suspension of your"operations" which involve the design,manufacture, distribution, sale,serving,furnishing,use or possession of"marijuana". 3. Paragraphs A.i. and A.2. above do not apply to any "marijuana"' that is not designed, manufactured, distributed, sold, served or furnished for bodily: a. Ingestion; b. Inhalation; c. Absorption;or d. Consumption. B. The following exclusion is added to Section II—Liability: This insurance does not apply to: i. "Bodily injury', "property damage" or "personal and advertising injury" arising out of, caused by, or attributable to, whether in whole or in part,the following: a. The design, manufacture, distribution, sale,serving,furnishing,use or possession of"marijuana"; b. The actual, alleged, threatened or suspected inhalation, ingestion, absorption or consumption of, contact with, exposure to,existence of,or presence of"marijuana";or 2. "Property damage"to"marijuana". 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 that which is described in Paragraph B.1. or B.2.above. However, this exclusion does not apply to any "marijuana" that is not designed, manufactured, distributed,sold,served or furnished for bodily: a. Ingestion; b. Inhalation; c. Absorption;or d. Consumption. C. The following changes apply only to Electronic Data Liability — Broad Coverage Endorsement BP 05 96 if it is attached to this Policy: The following exclusion is added to Section II —Liability: This insurance does not apply to: "Loss of Electronic Data": BOP-50397(05/18) Includes copyrighted material of Insurance Services Office, Page 1 of 2 Inc.,with its permission,2016 i. Arising out of,caused by,or attributable to,whether in whole or in part,the following: a. The design, manufacture, distribution, sale,serving,furnishing,use or possession of"marijuana"; b. The actual, alleged, threatened or suspected inhalation, ingestion, absorption or consumption of, contact with, exposure to,existence of,or presence of"marijuana";or 2. With respect to any"electronic data"that is used in the design, manufacture, distribution,sale, serving, furnishing, use or possession of"marijuana". 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 "electronic data incident" which caused the "loss of electronic data" involved that which is described in Paragraph C.i.or C.2.above. However, this exclusion does not apply to any "marijuana" that is not designed, manufactured, distributed,sold,served or furnished for bodily: a. Ingestion; b. Inhalation; c. Absorption;or d. Consumption. D. For purposes of this endorsement,the following definition applies: "Marijuana": i. Means: 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 D.i. above includes, but is not limited to, any of the following containing such THC or cannabinoid: 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,but not limited to: (1) Resin,oil or wax; (2) Hash or hemp;or (3) Infused liquid or edible marijuana; whether derived from any plant or part of any plant set forth in Paragraph D.2.a. above or not. All other terms and conditions remain unchanged. BOP-50397(05/18) Includes copyrighted material of Insurance Services Office, Page 2 of 2 Inc.,with its permission,2016 BUSINESSOWNERS BP 01 55 05 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM INFORMATION SECURITY PROTECTION ENDORSEMENT A. Section I—Property is amended as follows: (2) The Limit of Insurance applicable to the 1. With respect to an 'open policy", the following property. is added to any provision which uses the term d. An 'open policy" is a policy under which the actual cash value: value of Covered Property is not fixed at a. In the event of a total loss to a building or policy inception, but is determined at the structure, actual cash value is calculated as time of loss in accordance with policy the Limit of Insurance applicable to that provisions on valuation. building or structure or the fair market value 2. Paragraph E.2. Appraisal Property Loss of the building or structure, whichever is Conditions is replaced by the following: less. 2. Appraisal b. In the event of a partial loss to a building or If we and you disagree on the value of the structure, actual cash value is calculated as property or the amount of loss, either may b.(1)or b.(2),whichever is less: make written request for an appraisal of the (1) The amount it would cost to repair, loss. If the request is accepted, each party rebuild or replace the property less a fair will select a competent and impartial and reasonable deduction for physical appraiser. Each party shall notify the other depreciation of the components of the of the appraiser selected within 20 days of building or structure that are normally the request. The two appraisers will select subject to repair or replacement during an umpire. If they cannot agree within 15 its useful life. Physical depreciation is days, either may request that selection be based upon the condition of the property made by a judge of a court having at the time of loss; jurisdiction. The appraisers will state (2) The Limit of Insurance applicable to the separately the value of the property and property. amount of loss. If they fail to agree, they will submit their differences to the umpire. A c. In the event of a partial or total loss to decision agreed to by any two will be Covered Property other than a building or binding. Each party will: structure, actual cash value is calculated as c.(1) or c.(2),whichever is less: a. Pay its chosen appraiser; and (1) The amount it would cost to repair or b. Bear the other expenses of the replace the property less a fair and appraisal and umpire equally. reasonable deduction for physical If there is an appraisal, we will still retain depreciation, based on the condition of our right to deny the claim. the property at the time of loss; 3. Paragraph E.5.d.(1)(c) of the Loss Payment Property Loss Conditions is deleted. BP 01 55 05 17 ©Insurance Services Office, Inc., 2016 Page 1 of 5 4. Paragraphs E.5.d.(1)(d) and E.5.d.(5) of the If your lease contains a renewal Loss Payment Property Loss Conditions are option, the expiration of the renewal replaced as follows: option period will replace the (d) We will not pay on a replacement expiration of the lease in this cost basis for any loss or damage procedure. until the lost or damaged property is (c) Nothing if others pay for repairs or actually repaired or replaced. Prior to replacement. such repair or replacement, we will B. Section III — Common Policy Conditions is pay the actual cash value of the lost amended as follows: or damaged property as described in Paragraph A.1. of this Endorsement. 1. Paragraphs A.2. and A.3. Cancellation are If the actual cash value does not replaced by the following: exhaust the applicable Limit of 2. All Policies In Effect For 60 Days Or Insurance, we will then pay the Less difference between the actual cash If this Policy has been in effect for 60 days value and the replacement cost, or less, and is not a renewal of a policy we provided that the repair or have previously issued, we may cancel this replacement is completed: Policy by mailing or delivering to the first (1) Within 12 months after we pay Named Insured at the mailing address the actual cash value; or shown in the Policy and to the producer of (ii) Within 24 months after we pay record, advance written notice of the actual cash value if the loss cancellation, stating the reason for or damage relates to a state of cancellation, at least: emergency as described in a. 10 days before the effective date of Section 8558 of the Government cancellation if we cancel for: Code; (1) Nonpayment of premium; or unless we extend the time period for (2) Discovery of fraud by: good cause. Nothing in this Paragraph (d) (a) Any insured or his or her constitutes a waiver of our right to representative in obtaining this deny the claim for any valid reason insurance; or or to restrict payment in cases of (b) You or your representative in suspected fraud. pursuing a claim under this (5) Tenants' improvements and betterments Policy. at: b. 30 days before the effective date of (a) Replacement cost in accordance cancellation if we cancel for any other with the terms set forth in Paragraph reason. (d) above. 3. All Policies In Effect For More Than 60 (b) A proportion of your original cost if Days the property is not repaired or a. If this Policy has been in effect for more replaced. We will determine the than 60 days, or is a renewal of a policy proportionate value as follows: we issued, we may cancel this Policy (1) Multiply the original cost by the only upon the occurrence, after the number of days from the loss or effective date of the Policy, of one or damage to the expiration of the more of the following: lease; and (1) Nonpayment of premium, including ii Divide the amount determined in payment due on a prior policy we ( ) issued and due during the current from above by the numberom the installation days of policy term covering the same risks. fr improvements to the expiration of the lease. Page 2 of 5 ©Insurance Services Office, Inc., 2016 BP 01 55 05 17 (2) Discovery of fraud or material b. We will mail or deliver advance written misrepresentation by: notice of cancellation, stating the reason (a) Any insured or his or her for cancellation, to the first Named representative in obtaining this Insured, at the mailing address shown in insurance; or the Policy, and to the producer of (b) You or your representative in record, at least: pursuing a claim under this (1) 10 days before the effective date of Policy. cancellation if we cancel for nonpayment of premium or discovery (3) A judgment by a court or an of fraud; or administrative tribunal that you have violated a California or federal law, (2) 30 days before the effective date of having as one of its necessary cancellation if we cancel for any elements an act which materially other reason listed in Paragraph 3.a. increases any of the risks insured 2. The following provision is added to Paragraph against. A. Cancellation: (4) Discovery of willful or grossly 7. Residential Property negligent acts or omissions, or of This provision applies to coverage on real any violations of state laws or property which is used predominantly for regulations establishing safety residential purposes and consisting of not standards, by you or your more than four dwelling units, and to representative, which materially coverage on tenants' household personal increase any of the risks insured property in a residential unit. If such against. coverage has been in effect for 60 days or (6) Failure by you or your representative less and is not a renewal of coverage we to implement reasonable loss control previously issued, we may cancel this requirements, agreed to by you as a coverage for any reason, except that we condition of policy issuance, or which may not cancel this Policy solely because: were conditions precedent to our use a. Corrosive soil conditions exist on the of a particular rate or rating plan, if premises; or that failure materially increases any of the risks insured against. b. The first Named Insured has: (6) A determination by the (1) Accepted an offer of earthquake Commissioner of Insurance that the: coverage; or (a) Loss of, or changes in, our (2) Cancelled or did not renew a policy reinsurance covering all or part of issued by the California Earthquake the risk would threaten our Authority (CEA) that included an financial integrity or solvency; or earthquake policy premium (b) Continuation of the policy surcharge. coverage would: However, we shall cancel this Policy if i Place us in violation of the first Named Insured has accepted a () new or renewal policy issued by the California law or the laws of CEA that includes an earthquake policy the state where we are premium surcharge but fails to pay the domiciled; or earthquake policy premium surcharge (ii) Threaten our solvency. authorized by the CEA. (7) A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the Policy. BP 01 55 05 17 ©Insurance Services Office, Inc., 2016 Page 3 of 5 3. Paragraph C. Concealment, We will mail or deliver our notice to the Misrepresentation Or Fraud is replaced by first Named Insured, and to the producer the following with respect to loss or damage of record, at the mailing address shown caused by fire: in the Policy. We do not provide coverage to the insured 2. Residential Property who, whether before or after a loss, has This provision applies to coverage on committed fraud or intentionally concealed or real property used predominantly for misrepresented any material fact or residential purposes and consisting of circumstance concerning: not more than four dwelling units, and to a. This Policy; coverage on tenants' household b. The Covered Property; property contained in a residential unit. c. That insured's interest in the Covered We may elect not to renew such Property; or coverage for any reason, except that we will not refuse to renew such coverage d. A claim under this Policy. solely because: 4. Paragraph C. Concealment, a. The first Named Insured has Misrepresentation Or Fraud is replaced by accepted an offer of earthquake the following with respect to loss or damage coverage. caused by a Covered Cause of Loss other than fire: However, the following applies only This Policy is void if any insured, whether to insurers who are associate participating insurers as established before or after a loss, has committed fraud or by Cal. Ins. Code Section 10089.16. intentionally concealed or misrepresented any We may elect not to renew such material fact or circumstance concerning: coverage after the first Named a. This Policy; Insured has accepted an offer of b. The Covered Property; earthquake coverage, if one or more c. An insured's interest in the Covered of the following reasons applies: Property; or (1) The nonrenewal is based on sound underwriting principles that d. A claim under this Policy. relate to the coverages provided 5. Paragraph 1-11.1. Other Insurance is replaced by this Policy and that are by the following (with respect to coverage consistent with the approved provided under Section I—Property): rating plan and related If there is other insurance covering the same documents filed with the loss or damage, we will pay our share of the Department of Insurance as covered loss or damage. Our share is the required by existing law; proportion that the applicable Limit of (2) The Commissioner of Insurance Insurance bears to the Limits of Insurance of finds that the exposure to all insurance covering on the same basis. potential losses will threaten our We will not pay more than the applicable Limit solvency or place us in a of Insurance of Section I—Property. hazardous condition. A hazardous condition includes, but 6. The following paragraph is added and is not limited to, a condition in supersedes any provisions to the contrary: which we make claims payments M. Nonrenewal for losses resulting from an 1. Subject to the provisions of Paragraphs earthquake that occurred withinthe preceding two years and that 2. and 3. below, if we elect not to renew required a reduction in this Policy, we will mail or deliver written s of at least notice stating the reason for nonrenewal 25% for payment policyholder surplus those claims; to the first Named Insured shown in the or Declarations and to the producer of record, at least 60 days, but not more (3) We have: than 120 days, before the expiration or (a) Lost or experienced a anniversary date. substantial reduction in the availability or scope of reinsurance coverage; or Page 4 of 5 ©Insurance Services Office, Inc., 2016 BP 01 65 05 17 (b) Experienced a substantial C. The following changes apply only to Information increase in the premium Security Protection Endorsement BP 15 07 if it is charged for reinsurance attached to this Policy: coverage of our residential 1. Paragraph (2) of Insuring Agreement d. property insurance policies; Security Breach Liability is replaced by the and following: the Commissioner has approved (2) We will pay for"defense expenses" as a a plan for the nonrenewals that is result of a "claim" in the form of a fair and equitable, and that is "regulatory proceeding" first made responsive to the changes in our against the insured during the "policy reinsurance position. period" or during the applicable b. The first Named Insured has Extended Reporting Period, in response cancelled or did not renew a policy, to a "wrongful act' or a series of issued by the California Earthquake "interrelated wrongful acts" covered Authority that included an under Paragraph d.(1). earthquake policy premium 2. Paragraph d. of the definition of 'loss" in surcharge. Paragraph V. is replaced by the following: c. Corrosive soil conditions exist on the d. With respect to Insuring Agreements d. premises. Security Breach Liability and g. Web Site 3. We are not required to send notice of Publishing Liability: nonrenewal in the following situations: Compensatory damages, settlement a. If the transfer or renewal of a policy, amounts and costs awarded pursuant to without any changes in terms, judgments or settlements. conditions or rates, is between us "Loss" does not include: and a member of our insurance group. (1) Civil or criminal fines or penalties b. If the Policy has been extended for imposed by law; 90 days or less, provided that notice (2) Punitive or exemplary damages; has been given in accordance with (3) The multiplied portion of multiplied Paragraph 1. damages; c. If you have obtained replacement (4) Taxes; coverage, or if the first Named (6) Royalties; Insured has agreed, in writing, within 60 days of the termination of the (6) The amount of any disgorged profits; or Policy,to obtain that coverage. (7) Matters that are uninsurable pursuant to d. If the Policy is for a period of no law. more than 60 days and you are notified at the time of issuance that it will not be renewed. e. If the first Named Insured requests a change in the terms or conditions or risks covered by the Policy within 60 days of the end of the policy period. f. If we have made a written offer to the first Named Insured, in accordance with the timeframes shown in Paragraph 1., to renew the Policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%. BP 01 55 05 17 ©Insurance Services Office, Inc., 2016 Page 5 of 5 12/4/2017 CALIFORNIA-HIRED AUTO AND NON-OWNED AUTO LIABILITY BP 06 86 05 17 - CALIFORNIA - HIRED AUTO AND NON- OWNED AUTO LIABILITY This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Coverage Additional Premium A. Hired Auto Liability $ 50 B. Non-owned Auto Liability $ 88 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Insurance is provided only for those coverages for which a specific premium charge is shown in the Declarations or in the Schedule. 1. Hired Auto Liability The insurance provided under Paragraph A.I. Business Liability in Section II - Liability applies to "bodily injury" or "property damage" arising out of the maintenance or use of a "hired auto" by you or your "employees" in the course of your business. 2. Non-owned Auto Liability The insurance provided under Paragraph A.I. Business Liability in Section II - Liability applies to "bodily injury" or"property damage" arising out of the use of any"non-owned auto" in your business by any person. B. For insurance provided by this endorsement only: 1. The exclusions under Paragraph B.I.Applicable To Business Liability Coverage in Section II - Liability, other than Exclusions a., b., d., f. and I. and the Nuclear Energy Liability Exclusion, are deleted and replaced by the following: a. "Bodily injury"to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that"employee" as a consequence of Paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of injury. This exclusion does not apply to: (1) Liability assumed by the insured under an "insured contract"; or (2) "Bodily injury" arising out of and in the course of domestic employment by the insured unless benefits for such injury are in whole or in part either payable or required to be provided under any workers'compensation law. b. "Property damage"to: (1) Property owned or being transported by, or rented or loaned to the insured; or (2) Property in the care, custody or control of the insured. 2. Paragraph C.Who Is An Insured in Section II - Liability is replaced by the following: 1. Each of the following is an insured under this endorsement to the extent set forth below: https://www5.iso.com/clm/app/toc.do?docNode=FO_85&selectedPubiication=BP-CA-SIM-12/01/2017&selected Publisher=ISO&dispName=FO_BPO68... 1/2 12/4/2017 CALIFORNIA-HIRED AUTO AND NON-OWNED AUTO LIABILITY a. You; b. Any other person using a"hired auto"with your permission; c. For a"non-owned auto": (1) Any partner or"executive officer"of yours; or (2) Any"employee" of yours; but only while such"non-owned auto" is being used in your business; and d. Any other person or organization, but only for their liability because of acts or omissions of an insured under a., b. or c. above. 2. None of the following is an insured: a. Any person engaged in the business of his or her employer for"bodily injury" to any co-"employee" of such person injured in the course of employment, or to the spouse, child, parent, brother or sister of that co- "employee" as a consequence of such "bodily injury", or for any obligation to share damages with or repay someone else who must pay damages because of the injury; b. Any partner or"executive officer" for any"auto" owned by such partner or officer or a member of his or her household; c. Any person while employed in or otherwise engaged in duties in connection with an "auto business", other than an "auto business"you operate; d. The owner or lessee (of whom you are a sublessee) of a "hired auto" or the owner of a "non-owned auto' or any agent or"employee" of any such owner or lessee; or e. Any person or organization for the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. C. For the purposes of this endorsement only, Paragraph H. Other Insurance in Section III - Common Policy Conditions is replaced by the following: This insurance is excess over any primary insurance covering the"hired auto' or"non-owned auto'. D. The following additional definitions apply: 1. "Auto business" means the business or occupation of selling, repairing, servicing, storing or parking"autos". 2. "Hired auto' means any"auto'you lease, hire, rent or borrow. This does not include any"auto'you lease, hire, rent or borrow from any of your"employees", your partners or your"executive officers" or members of their households. 3. "Non-owned auto' means any "auto' you do not own, lease, hire, rent or borrow which is used in connection with your business. This includes "autos" owned by your "employees", your partners or your "executive officers", or members of their households, but only while used in your business or your personal affairs. https://www5.iso.com/clm/app/toc.do?docNode=FO_85&selectedPublication=BP-CA-SIM-12/01/2017&selectedPublisher=ISO&dispName=F0_BP068... 2/2 BUSINESS LICENSE CITY OF LAKE ELSINORE This busirx:ss license is issued for rovernre purposes only and does not grant authorization AC//i]1/UsfialiVe Se/Vices-Licensing to operate a business This business license is issued without verification that the holder is 130 South Main Street, Lake Elsinore, CA 92530 subject u7 of exampled from licensing by the stale, county, federal government, or any other governmental agency PH(951)674-3124 Business Name: OPATS CONSULTANTS BUSINESS LICENSE NO. 025625 Business Location: 28078 BAXTER RD STE 320 Business Type: CONSULTING SERVICES MURRIETA,CA 92563 Owner Nanne(s): THUAN LE Description: COVID RISK&MITIGATION CONSULTING AMY WRIGHT SERVICES Issue Date: 12/17/2020 Expiration Date: 12/31/2021 OPATS CONSULTANTS 28078 BAXTER RD STE 320 MURRIETA,CA 92563 Starting January 1, 2021. Assembly Bill 1607 requires the prevention of gender based discrimination of business establishments A full notice is available in English or other languages by going to hops,//www dea ca,gov/publications/ TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE •NOT TRANSFERABLE