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25-188 General Fund Human Services Grants Program (Haven to Home FY26) with West Valley Community Services
2 neither party is obligated to extend the initial Term. If the Term is extended, the subsequent Term shall commence on 12:00 am on the first day immediately following the last day of the current Term provided that the CITY and the CORPORATION have entered into a written amendment to this Contract providing for: (i) such extension of the Term, (ii) the amount of HSG funds allocated for such extended Term; and (iii) an update to the Project Budget, Program Work Plan, and Program Description (as applicable), in accordance with Article XVI of this Contract. Notwithstanding anything to the contrary in this Contract, CORPORATION acknowledges that CITY has only committed the funding of HSG funds for the initial Term, and CITY's obligation to enter into an amendment extending the Term or to fund any subsequent HSG funds to the CORPORATION in any subsequent year is wholly contingent on the satisfaction of the following condition precedent for each subsequent year: (i) the allocation and appropriation by the City Council of the CITY for the funding of the Grant in any subsequent year, in accordance with the CITY's standard process and procedure for approving the annual budget of the CITY. If such condition precedent is not satisfied for any reason prior to the expiration of the then existing Term, then this Agreement shall automatically terminate upon the expiration of the Term. Upon such termination, CITY shall have no further obligation to fund any portion of the HSG funds, and the CORPORATION releases CITY for any and all claims related to such termination. In no event shall the failure to enter into any amendment extending the Term of this Contract, be considered a breach or default by CITY under this Contract. In the event of any conflict between the terms of this provision and any other provision in this Contract, the terms of this provision shall control. III. ADDITIONAL YEAR RENEWAL OPTIONS In the event the Term of this Contract is amended, in accordance with Article II, above, the CORPORATION shall submit to CITY current proof of insurance satisfying the requirements set forth in Exhibit E. IV. OBLIGATIONS OF CORPORATION A. Organization of CORPORATION. CORPORATION shall: 1. Provide CITY with copies of the following documents, evidencing filing with the appropriate governmental agency: a) Its Articles of Incorporation under the laws of the State of California; b) A copy of the current Bylaws of CORPORATION; c) Documentation of its Internal Revenue Service non-profit status; d) Names and addresses of the current Board of Directors of CORPORATION; and, e) An adopted copy of CORPORATION'S personnel policies and procedures. 3 2. During the Contract Term, immediately report any changes, subsequent to the date of this Contract, in CORPORATION'S Articles of Incorporation, Bylaws, Board of Directors, personnel policies and procedures, or tax exempt status to CITY. 3. Maintain no member of its Board of Directors as a paid employee, agent, independent contractor, or subcontractor under this Contract. 4. Open to the public meetings of its Board of Directors, if required by California's open meeting laws, except meetings, or portions thereof, dealing with personnel or litigation matters or as otherwise provided by law. 5. Keep minutes of all its regular and special meetings. 6. Comply with all provisions of California and Federal Non-Profit Corporation Laws. 7. Provide to the CITY a copy of a resolution authorizing the CORPORATION's execution of this Contract. The CORPORATION hereby warrants to the CITY that this Contract is a legal, valid, and binding obligation of the CORPORATION enforceable in accordance with its terms, and that the execution and delivery of this Contract and the performance of the CORPORATION's obligations have been duly authorized by the CORPORATION. B. Program Performance by CORPORATION. CORPORATION shall: 1. Conduct the Program within the City of Cupertino, for the purpose of benefiting low and very low-income households. 2. File quarterly reports on the type and number of services rendered through the operation of the Program, and a description of the beneficiaries of these services, and which reports will evaluate the manner in which the Program is achieving its objectives and goals according to the standards established by CITY. The progress reports will be due ten (10) days after the close of each reporting period and must cover the three (3) months immediately preceding the date on which the report is filed. 3. Coordinate its services with other existing organizations providing similar services in order to foster community cooperation and to avoid unnecessary duplication of services. 4. Seek out and apply for other sources of revenue in support of its operation or services from local, state, federal and private sources and, in the event of receipt of such award, inform CITY within ten (10) days. 5. Include an acknowledgement of CITY funding and support on CORPORATION stationery and on all appropriate program-related publicity and publications using words to the effect: "funded in whole or in part by the City of Cupertino General Funds." 4 C. Fiscal Responsibilities of CORPORATION. CORPORATION shall: 1. Appoint and submit the name of a fiscal agent who will be responsible for the financial and accounting activities of CORPORATION, including the receipt and disbursement of CORPORATION funds. The CITY must immediately be notified in writing of the appointment of any new fiscal agent and that agent's name. 2. If the Term of this Contract is extended by an amendment for an additional fiscal year, submit a satisfactory audit within one hundred fifty (150) days of CORPORATION's fiscal year encompassed by the current year of this Contract. 3. Document all Program costs by maintaining records in accordance with Section IV, Paragraph D below. 4. Submit to the CITY, based on an agreed upon schedule, a request for payment, together with all supporting documentation. Invoices requesting disbursements submitted after the expiration of the Contract will be honored only for eligible charges incurred during the Contract Term. All invoices must be submitted by the Contract expiration date or within such other time period specified by the CITY for this Contract Term. Funds not disbursed will be returned to the City for future reallocation. 5. Certify current and continuous insurance coverage, subject to CITY approval and in accordance with requirements as outlined in Exhibit E and provide a current insurance certificate evidencing such coverage. 6. Deliver to the CITY a copy of the resolution authorizing CORPORATION's execution of this Contract. 7. Items 4 through 6 above are express conditions precedent to disbursement of any CITY funding and failure to comply with these conditions will, at discretion of CITY, result in suspension of funding or termination of this Contract. 8. If CORPORATION does not use the Grant funds in accordance with the requirements of this Contract, CORPORATION is liable for repayment of all disallowed costs. Disallowed costs may be identified through audits, monitoring or other sources. CORPORATION is required to respond to any adverse findings, which may lead to disallowed costs subject to provisions of OMB Circular A-122, "Cost Principles for Non-Profit Organizations." D. Establishment and Maintenance of Records. CORPORATION shall: 1. Maintain complete and accurate records of all its transactions including, but not limited to, contracts, invoices, time cards, cash receipts, vouchers, canceled checks, bank statements, client statistical records, personnel, property and all other pertinent records sufficient to reflect properly (a) all direct and indirect costs of whatever nature claimed to have been 5 incurred or anticipated to be incurred to perform this Contract or to operate the Program, and (b) all other matters covered by this Contract. 2. Maintain client data demonstrating client eligibility for services provided in connection with the Program. Such data will include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information will be made available to CITY monitors for review upon request. E. Preservation of Records. CORPORATION will preserve and make available its records: 1. Until five (5) years following date of final payment under this Contract, or 2. For such longer period, if any, as is required by applicable law; or 3. If this Contract is completely or partially terminated, the records relating to the work terminated will be preserved and made available for a period of five (5) years from the date of termination. F. Examination of Records and Facilities. At any time during normal business hours, and as often as may be deemed necessary, CORPORATION agrees that the CITY, and/or any duly authorized representatives may until expiration of the later of: (a) five (5) years after final payment under this Contract, (b) five (5) years from the date of termination of this Contract, or (c) such longer period as may be described by applicable law, have access to and the right to examine its plants, offices and facilities used in the performance of this Contract or the operation of the Program, and all its records with respect to the Program and all matters covered by this Contract. CORPORATION also agrees that CITY or any duly authorized representatives will have the right to audit, examine, and make excerpts or transactions of and from, such records and to make audits of all contracts and subcontracts, invoices, payrolls, records of personnel, conditions of employment, materials and all other data relating to the Program and matters covered by this Contract. CORPORATION will be notified in advance that an audit will be conducted. CORPORATION will be required to respond to any audit findings, and have the responses included in the final audit report. The cost of any such audit will be borne by CITY. G. Compliance with Law. CORPORATION will become familiar and comply with and cause all its subcontractors, independent contractors, and employees, if any, to become familiar and comply with all applicable federal, state and local laws, ordinances, codes, regulations and decrees. H. Suspension and Termination. If CORPORATION materially fails to comply with any term of this Contract, CITY may suspend or terminate the Contract in whole or in part. In no event shall any payment by CITY hereunder constitute a waiver by CITY of any breach of this Contract or any default, which may then exist on the part of CORPORATION, nor shall such payment impair or prejudice any remedy available to CITY with respect to the breach or default. CITY expressly reserves the right to demand of CORPORATION the repayment to the CITY of any funds disbursed to CORPORATION under this Contract, which were not expended in 6 accordance with the terms of this Contract, and CORPORATION agrees to promptly refund any such funds upon demand. Notwithstanding the above, CORPORATION shall not be relieved of liability to CITY for damages sustained by CITY or others by virtue of any breach of the Contract by CORPORATION, and CITY may withhold any payments to the CORPORATION for the purpose of set off until such time as the exact amount of damages due CITY from CORPORATION is determined. I. Reversion of Assets. Upon expiration or termination of this Contract, the CORPORATION will transfer to the CITY any Grant funds on hand at the time of expiration and any accounts receivable attributable to the use of such funds. J. Conflict of Interest. In accordance with Government Code Section 1090 and the Political Reform Act, Government Code Section 87100 et seq., except for approved eligible administrative or personnel costs, no person who is an employee, agent, consultant, officer, or any immediate family member of such person, or any elected or appointed official of the CITY who exercises or has exercised any functions or responsibilities with respect to the activities funded by this Contract or who is in a position to participate in a decision-making process may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, during, or at any time after, such person's tenure. CORPORATION shall exercise due diligence to ensure that the prohibition in this Section is followed. Further, no person who is a director, officer, partner, trustee or employee or consultant of CORPORATION, or immediate family member of any of the preceding, shall make or participate in a decision, made by the CITY or a CITY board, commission or committee, if it is reasonably foreseeable that the decision will have a material effect on any source of income, investment or interest in real property of that person or CORPORATION. Interpretation of this section shall be governed by the definitions and provisions used in the Political Reform Act, Government Code Section 87100 et seq., its implementing regulations manual and codes, and Government Code Section 1090. V. OBLIGATIONS OF CITY A. Method of Payment. During the Term of this Contract, CITY shall disburse the HSG Grant funds to CORPORATION on a reimbursement basis unless otherwise provided herein for all allowable costs and expenses incurred in connection with the Program, not to exceed the total sum set forth in Article I. CITY may, at any time in its absolute discretion, elect to suspend or terminate payment to CORPORATION, in whole or in part, pursuant to this Contract based on CORPORATION'S non-compliance, including, but not limited to, incomplete documentation of expenses, failure to substantially meet goals and objectives as required in Exhibit B ("Program Work Plan"), failure to submit adequate progress reports as required herein or other incidents of non-compliance as described in Section VII, Paragraph B of this Contract or 7 based on the refusal by CORPORATION to accept any additional conditions that may be imposed by City at any time to ensure compliance with the terms of this Contract. VI. PROGRAM COORDINATION A. CITY. The CITY has designated the Senior Housing Coordinator for CITY who will render overall supervision of the progress and performance of this Contract by CITY. B. CORPORATION. As of the date hereof, CORPORATION has designated Sujatha Venkatraman to serve as EXECUTIVE DIRECTOR and to assume overall responsibility for the progress and execution of this Contract. The CITY will be immediately notified in writing of the appointment of a new EXECUTIVE DIRECTOR. C. NOTICES. All notices or other correspondence required or contemplated by this Contract shall be sent to the parties at the following addresses: CITY: Attention: Senior Housing Coordinator Community Development Department City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 CORPORATION: 10104 Vista Drive, Cupertino, CA 95014 All notices will either be hand delivered or sent by United States mail, registered or certified, postage prepaid. Notices given in such a manner will be deemed received when hand delivered or seventy-two (72) hours after deposit in the United States mail. Any party may change his or her address for the purpose of this section by giving five days written notice of such change to the other party in the manner provided in this section. VII. CONTRACT COMPLIANCE A. Monitoring and Evaluation of Services. Evaluation and monitoring of the Program performance is the mutual responsibility of both CITY and CORPORATION. CORPORATION must furnish all data, statements, records, information and reports necessary for DIRECTOR to monitor, review and evaluate the performance of the Program and its components. CITY will have the right to request the services of an outside agent to assist in any such evaluation. Such services shall be paid for by CITY. B. Contract Noncompliance. If CORPORATION fails to comply with any provision of this Contract; CITY will have the right to require corrective action to enforce compliance with such provision as well as the right to suspend or terminate this Contract. Examples of noncompliance include, but are not limited to: 8 1. If CORPORATION (with or without knowledge) has made any material misrepresentation of any nature with respect to any information or data furnished to CITY in connection with the Program. 2. If there is pending litigation with respect to the performance by CORPORATION if any of its duties or obligations under this Contract, which may materially jeopardize or adversely affect the undertaking of or the carrying out of the Program. 3. If CORPORATION has taken any action pertaining to the Program, which action required CITY approval, and such approval was not obtained. 4. If CORPORATION is in default under any provision of this Contract. 5. If CORPORATION makes illegal use of CITY funds. 6. If CORPORATION submits to CITY any report which is incorrect or incomplete in any material respect. 7. If CORPORATION fails to meet the stated objectives in the Program Work Plan attached as Exhibit B. C. Corrective Action Procedure. CITY, in its absolute discretion and in lieu of immediately terminating this Contract upon occurrence or discovery of noncompliance by CORPORATION pursuant to this Contract, will have the right to give CORPORATION notice of CITY'S intention to consider corrective action to enforce compliance. Such notice must indicate the nature of the non-compliance and the procedure whereby CORPORATION will have the opportunity to participate in formulating any corrective action recommendation. CITY will have the right to require the presence of CORPORATION'S officer(s) and EXECUTIVE DIRECTOR at any hearing or meeting called for the purpose of considering corrective action. In the event that CORPORATION does not implement the corrective action recommendations in accordance with the corrective action timetable, CITY may suspend payments hereunder or terminate this Contract as set forth in Section VIII below. VIII. TERMINATION A. Termination for Cause. CITY may terminate this Contract by providing written notice to CORPORATION, for any of the following reasons: uncorrected Contract non- compliance as defined in Section VII, Paragraph B; CORPORATION is insolvent or in bankruptcy or receivership; a member of the CORPORATION'S Board of Directors or the executive director is found to have committed fraud or; there is reliable evidence that CORPORATION is unable to complete the Program as described in the attached Exhibits. The date of termination will be as specified in the notice. B. Termination for Convenience. In addition to the CITY'S right to terminate for cause set forth in Section VII, either CITY or CORPORATION may suspend or terminate this 9 Contract for any reason by giving thirty (30) days prior written notice to the other party. Upon receipt of such notice, performance of the services hereunder will be immediately discontinued, and CITY shall have no further obligation to fund any portion of the HSG funds, other than any amount incurred by CORPORATION, in accordance with this Contract, prior to such written notice. Upon such termination, CITY shall have no further obligation to fund any portion of the HSG funds (other than for costs incurred by the CORPORATION prior to such notice), and the CORPORATION releases CITY for any and all claims related to such termination. In no event shall CITY's early termination of this Contract, be considered a breach or default by CITY under this Contract. In the event of any conflict between the terms of this provision and any other provision in this Contract, the terms of this provision shall control. C. Return of Funds. In the event that this Contract is terminated, CORPORATON may be required to return funds to the CITY. D. Access to Records. Upon termination of this Contract, CORPORATION must immediately provide CITY access to all documents, records, payroll, minutes of meetings, correspondence and all other data pertaining to Grant made to CORPORATION pursuant to this Contract. IX. PROGRAM INCOME Income generated by the Program, is considered Program Income. CORPORATION will annually report all program income generated by activities carried out with Grant funds made available under this Contract. By way of further limitations, CORPORATION may use such income during the Contract period for activities permitted under this Contract and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unused program income shall be returned to the CITY at the end of the Contract period. X. INDEPENDENT CONTRACTOR This is a Contract by and between independent contractors and is not intended and will not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association between CORPORATION and CITY. CORPORATION, including its officers, employees, agents or independent contractors or subcontractors, shall not have any claim under this Contract or otherwise against CITY for any Social Security, Worker's Compensation, or employee benefits extended to employees of CITY. XI. ASSIGNABILITY CITY is entering into this Contract based on the experience, skill, and ability to perform of the CORPORATION. The CORPORATION recognizes that its qualifications and identify are of particular concern to the CITY in view of the CITY's interest in providing services to lower income persons and the CITY's reliance on the unique qualifications of the CORPORATION. Consequently, this Contract may not be assigned to another CORPORATION, person, partnership or any other entity without the prior written approval of CITY. None of the work or services to be performed hereunder may be assigned, delegated or subcontracted to third parties 10 without the prior written approval of CITY, which the CITY may withhold in its sole discretion. Copies of all third party contracts shall be submitted to CITY at least ten (10) days prior to the proposed effective date. In the event CITY approves of any such assignment, delegation or subcontract, CORPORATION shall remain fully liable for all obligations and requirements under this Contract including the performance and any liabilities attaching to the assignees’ actions or omissions. XII. DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION CITY and CORPORATION agree to maintain the confidentiality of any information regarding applicants for services offered by the Program pursuant to this Contract or their immediate families which may be obtained through application forms, interviews, tests, reports from public agencies or counselors, or any other source. Without the written permission of the applicant, such information will be divulged only as necessary for purposes related to the performance or evaluation of the services and work to be provided pursuant to this Contract, and then only to persons having responsibilities under this Contract, including those furnishing services under the Program through approved subcontracts. XIII. HOLD HARMLESS In addition to the indemnity obligations set forth in Exhibit E, "Basic Insurance and Bond Requirements for Non-Profit Contracts", CORPORATION will indemnify and hold harmless the CITY, its employees, agents, and officials, members of boards and commissions, from any and all claims, actions, suits, charges and judgments whatsoever, with respect to any damages, including attorney's fees and court costs, arising out of the failure of the CORPORATION's Program to comply with applicable laws, ordinances, codes, regulations and decrees. XIV. WAIVER OF RIGHTS AND REMEDIES In no event will any payment by CITY constitute or be construed to be a waiver by CITY of any breach of the covenants or conditions of this Contract or any default which may then exist on the part of CORPORATION, and the making of any such payment while any such breach or default will in no way impair or prejudice any right or remedy available to CITY with respect to such breach or default. In no event will payment to CORPORATION by CITY in any way constitute a waiver by CITY of its rights to recover from CORPORATION the amount of money paid to CORPORATION on any item, which is not eligible for payment under the Program or this Contract. XV. NON-DISCRIMINATION CORPORATION will comply with all applicable Federal, State and local laws and regulations including the City of Cupertino's policies concerning nondiscrimination and equal opportunity in contracting. Such laws include but are not limited to the following: Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of 1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code 11 sections 12900 et seq.); and California Labor Code sections 1101 and 1102. CORPORATION will not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status in the recruitment, selection for training including apprenticeship, hiring, employment, utilization, promotion, layoff, rates of pay or other forms of compensation. Nor shall CORPORATION discriminate in provision of services provided in this Contract because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status. This non-discrimination provision must be included in CORPORATION's contracts with sub- contractors and vendors when utilizing the Grant funds disbursed for this program. XVI. AMENDMENTS Other than the amendment related to a second year renewal option as stated in Section III. above, amendments to the terms or conditions of this Contract must be requested in writing by a duly authorized representative of the party desiring such amendments, and any such amendment shall be effective only upon the mutual agreement in writing of the parties hereto. Amendments will not invalidate this Contract, nor relieve or release the CITY or the CORPORATION from its obligations under this Contract. XVII. INTEGRATED DOCUMENT This Contract contains the entire agreement between CITY and CORPORATION with respect to the subject matter hereof. No written or oral agreements with any officer, agent or employee of CITY prior to execution of this Contract shall affect or modify any of the terms of obligations contained in any documents comprising this Contract. XVIII. MISCELLANEOUS A. Captions. The captions and section headings used in this Contract are for convenience of reference only, and the words contained herein will, in no way, be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Contract. B. Discretion Retained By CITY. CITY's execution of this Contract in no way limits the discretion of the CITY in the permit and approval process in connection with the Program. C. Exhibits. All Exhibits attached hereto and referred to in this Contract are incorporated herein by this reference as if set forth fully herein. Exhibits are as follows: Exhibit A (Program Description), Exhibit B (Program Work Plan), Exhibit C (Proposed Implementation Time Schedule), Exhibit D (Program Budget), Exhibit E (Basic Insurance and Bond Requirements for Non-Profit Contracts). 12 D. Interpretation. Each party to this Contract has had an opportunity to review the Contract, confer with legal counsel regarding the meaning of the Contract, and negotiate revisions to the Contract. This Contract shall not be construed as if it had been prepared by one of the parties, but rather as if both parties had prepared it. The parties have read and reviewed this Contract and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party (including but not limited to Civil Code Section 1654 as may be amended from time to time, or any other state law, or common law principle) shall not apply to the interpretation of this Contract. E. Third-Party Beneficiary. There shall be no third party beneficiaries to this Contract. F. Choice of Law and Venue. This Contract shall be governed by and construed in accordance with California law. Venue shall be Santa Clara County. G. Parties Bound. Except as otherwise limited herein, the provisions of this Contract shall be binding upon and inure to the benefit of the parties and their heirs, executors, administrators, legal representatives, successors, and assigns. H. Attorneys' Fees. If any lawsuit is commenced to enforce any of the terms of this Contract, the prevailing party will have the right to recover its reasonable attorneys' fees and costs of suit from the other party. I. Severability. If any Term of this Contract is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the parties have been materially altered or abridged by such invalidation, voiding or unenforceability. J. Authorization. The persons signing below are duly authorized to execute this Contract. K. Multiple Originals; Counterpart. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. [Signatures on following page.] 13 IN WITNESS WHEREOF, the parties have executed this Contract the day and year above written. CORPORATION: CITY: WEST VALLEY COMMUNITY CITY OF CUPERTINO, a municipal SERVICES OF SANTA CLARA COUNTY, benefit corporation a California nonprofit public corporation Benjamin Fu 11/06/2025 Sujatha Venkatraman Date Benjamin Fu Date Chief Executive Officer Director of Community Development APPROVED AS TO FORM AND ATTEST: LEGALITY: 11/06/2025 Michael K. Woo Date Kirsten Squarcia Date Senior Assistant City Attorney Interim Deputy City Manager and City Clerk 14 EXHIBIT A PROGRAM DESCRIPTION FY 2025/2026 Agency Name: West Valley Community Services of Santa Clara County Inc. DUNS: Not Applicable (Only for CDBG) Executive Officer: Sujatha Venkatraman Program Manager: Benaifer Dastoor Program # (For Office Use Only) 100-72-712 600-623 Street Address: 10104 Street Vista City: Cupertino State: CA Zip Code: 95014 Telephone number: 408-255-8033 Fax Number: Manager E-mail sujathav@wvcommunityservices. org Name of Program: Haven to Home Program Location: 10104 Vista Drive. Cupertino, CA 95014 Program Description: West Valley Community Services' (WVCS) Haven to Home (HTH) program is based on the Housing-First methodology that vulnerable and at-risk homeless individuals are more responsive to interventions and social services support after they are placed in their own housing, rather than living in temporary/transitional facilities or housing. The main goals of this program are to help homeless clients secure permanent housing, maintain employment, and enhance income opportunities. The clients receive intensive case management designed to provide easy access to resources at one location. Case Management uses a strength-based and mentoring approach in helping struggling families and individuals move out of crisis towards self-sufficiency by helping them build their own safety net. Haven to Home aims at ending homelessness by coordinating multilevel services and leveraging resources in the community. 15 EXHIBIT B PROGRAM WORK PLAN FY 2025/2026 AGENCY NAME: West Valley Community Services of Santa Clara County Inc. PROGRAM NAME: Haven to Home Objectives Benchmarks for Each Quarter 1st 2nd 3rd 4th TOTAL Supportive Services and Case Management 25 18 18 14 75 Total Beneficiaries 25 18 18 14 75 EXHIBIT C 16 PROPOSED IMPLEMENTATION TIMELINE SCHEDULE FY 2025/2026 AGENCY NAME: West Valley-Community Services of Santa Clara County Inc. PROGRAM NAME: Haven to Home Activity Number & Description: Activity # Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 1. 2. EXHIBIT D 17 PROGRAM BUDGET FY 2025/2026 AGENCY NAME: West Valley Community Services of Santa Clara County Inc. PROGRAM NAME: Haven to Home Proposed Program Expenses FY 25-26 Salaries/Benefits/Payroll/Taxes $97,000 Office Supplies Communication Publications/Printing/Advertising Travel Rent/Lease/Mortgage Utilities Insurance Equipment Rental/Maintenance Audit/Legal/Professional Services (for CDBG portion only) Direct Services (Funding for specific service such as a meal, ride) $3,000 Contracted Services Other (Admin) Total Expenses $100,000 EXHIBIT E 18 BASIC INSURANCE AND BOND REQUIREMENTS FOR NON-PROFIT CONTRACTS Definition of Contractor: The "Contractor" as the word is used in this Exhibit E is the party contracting with the City of Cupertino for the direct distribution of HSG funds. Indemnity The Contractor shall indemnify, defend, and hold harmless the City of Cupertino (hereinafter "City"), its officers, agents and employees from any loss, liability, claim, injury or damage arising out of, or in connection with performance of this Contract by Contractor and/or its agents, employees or subcontractors, excepting only loss, injury or damage caused solely by the acts or omissions of personnel employed by the City. It is the intent of the parties to this Contract to provide the broadest possible coverage for the City. The Contractor shall reimburse the City for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Contractor is obligated to indemnify, defend and hold harmless the City under this Contract. Insurance Without limiting the Contractor's indemnification of the City, the Contractor shall provide and maintain at its own expense, during the term of this Contract, or as may be further required herein, the following insurance coverages and provisions: A. Evidence of Coverage Prior to commencement of this Contract, the Contractor shall provide on the City's own form or a form approved by the City's Insurance Manager an original plus one copy of a Certificate of Insurance certifying that coverage as required herein has been obtained and remains in force for the period required by this Contract. The contract number and program name must be stated on the Certificate of Insurance. The City's Special Endorsement form shall accompany the certificate. Individual endorsements executed by the insurance carrier may be substituted for the City's Special Endorsement form if they provide the coverage as required. In addition, a certified copy of the policy or policies shall be provided by the Contractor upon request. This verification of coverage shall be sent to the address as shown on the City's Certificate of Insurance form and to the Community Development Department at the address set forth in this Contract at Section VI. PROGRAM COORDINATION, Paragraph C., NOTICES. The Contractor shall not issue a Notice to Proceed with the work under this Contract until it has obtained all insurance required and such insurance has been approved by the City. This approval of insurance shall neither relieve nor decrease the liability of the Contractor. B. Notice of Cancellation of Reduction of Coverage All policies shall contain a special provision for thirty (30) days prior written notice of any cancellation or reduction in coverage to be sent to the Community Development Department, 10300 Torre Avenue, Cupertino, CA 95014. C. Qualifying Insurers 19 All policies shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII, according to the current Best's Key Rating Guide, unless otherwise approved by the City's Insurance Manager. D. Insurance Required 1. Comprehensive General Liability Insurance - for bodily injury (including death) and property damage which provides limits of not less than one million dollars ($1,000,000) combined single limit (CSL) per occurrence. OR 2. Commercial General Liability Insurance - for bodily injury (including death) and property damage which provides limits as follows: a. General limit per occurrence - $1,000,000 b. General limit aggregate - $2,000,000 c. Products/Completed Operations- $1,000,000 aggregate d. Personal Injury limit - $1,000,000 If coverage is provided under a Commercial General Liability Insurance form, the carrier shall provide the City Insurance Manager with a quarterly report of the amount of aggregate limits expended to that date. If over 50% of the aggregate limits have been paid or reserved, the City may require additional coverage to be purchased by the Contractor to restore the required limits. 3. For either type of insurance, coverage shall include: a. Premises and Operations b. Products/Completed Operations with limits of one million dollars ($1,000,000) per occurrence/ aggregate to be maintained for two (2) years following acceptance of the work by the City. c. Contractual Liability expressly including liability assumed under this Contract. d. Personal Injury liability. e. Independent Contractors' (Protective) liability. f. Severability of Interest clause providing that the coverage applies separately to each insured except with respect to the limits of liability. 20 4. For either type of insurance, coverage shall include the following endorsements, copies of which shall be provided to the City: a. Additional Insured Endorsement: Such insurance as is afforded by this policy shall also apply to the City of Cupertino, and members of the City Council, and the officers, agents and employees of the City of Cupertino, individually and collectively, as additional insureds. b. Primary Insurance Endorsement: Such insurance as is afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the City of Cupertino, its officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy. c. Notice of Cancellation or Change of Coverage Endorsement: This policy may not be cancelled nor the coverage reduced by the Company without 30 days prior written notice of such cancellation or reduction in coverage to the City of Cupertino at the address shown on the Certificate of Insurance. d. Contractual Liability Endorsement: This policy shall apply to liability assumed by the insured under written contract with the City of Cupertino. e. Personal Injury Endorsement: The provisions of this policy shall provide Personal Injury coverage. f. Severability of Interest Endorsement: The insurance afforded by this policy shall apply separately to each insured that is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the Company's limit of liability. 5. Comprehensive Automobile Liability Insurance for bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired vehicles. 6. Worker's Compensation and Employer's Liability Insurance for: a. Statutory California Workers' Compensation coverage including a broad form all- states endorsement. 21 b. Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence for all employees engaged in services or operations under this Contract. c. Inclusion of the City and its governing board(s), officers, representatives, agents, and employees as additional insureds, or a waiver of subrogation. 7. Professional Errors and Omissions Liability Insurance This type of insurance should be provided by persons/entities you contract with to provide you with professional services. a. Limits of not less than one million dollars ($1,000,000). b. If this policy contains a self retention limit, it shall not be greater than ten thousand dollars ($10,000) per occurrence/event. c. This coverage shall be maintained for a minimum of two (2) years following termination of this Contract. The City must first approve any exceptions to the above requirements. 8. Bond Requirements Fidelity Bond - Before receiving compensation under this Contract, Contractor will furnish City with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this Contract, or authorized to sign or countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of the maximum financial obligation of the City cited herein. If such bond is cancelled or reduced, Contractor will notify City immediately, and City may withhold further payment to Contractor until proper coverage has been obtained. Failure to give such notice may be cause for termination of this Contract, at the option of the City. 9. Special Provisions The following provisions shall apply to this Contract: a. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor and any approval of said insurance by the City or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Contract, including but not limited to the provisions concerning indemnification. b. The City acknowledges that some insurance requirements contained in this Contract may be fulfilled by self-insurance on the part of the Contractor. 22 However, this shall not in any way limit liabilities assumed by the Contractor under this Contract. The City shall approve any self-insurance in writing. c. The City reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above. d. If the Contractor fails to maintain such insurance as is called for herein, the City must order the Contractor to immediately suspend work at Contractor's expense until a new policy of insurance is in effect. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 5/29/2025 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 Inszone Insurance Services, LLC 2721 Citrus Road, Suite A Rancho Cordova, CA 95742 License#: 0F82764 CONTACT Certificate Team NAME: PHONE 877-308-9663 (A/C, No, Ext): FAX 916-400-2625 (A/C, No): E-MAIL certs@inszoneins.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Philadelphia Indemnity Insurance Company 18058 INSURED WESTVAL-21 West Valley Community Services of Santa Clara County, Inc. 10104 Vista Drive Cupertino, CA 95014-2253 INSURER B : Nova Casualty Company 42552 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1149287224 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER IOD 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y PHPK2553043-018 6/1/2025 6/1/2026 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 20,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 X POLICY PRO- LOC JECT OTHER: PRODUCTS - COMP/OP AGG $ 1,000,000 $ A AUTOMOBILE LIABILITY PHPK2553043-018 6/1/2025 6/1/2026 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON-OWNED AUTOS ONLY BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS-MADE Y Y PHUB863436-018 6/1/2025 6/1/2026 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED X RETENTION $ 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N N / A Y CF1-WK-10000414-02 12/31/2024 12/31/2025 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below A Professional Liability PHPK2553043-018 6/1/2025 6/1/2026 Aggregate $3,000,000 A A Professional Liability Accident Liability $1,000,000 $500,000 PHPK2553043-018 PHPA160171-001 6/1/2025 6/1/2025 6/1/2026 6/1/2026 Occurrence Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional Insured on the General Liability. Primary and Non-Contributory on the General Liability. Waiver of Subrogation on the General Liability and Workers Compensation. Umbrella follows form, subject to the terms and conditions of the policy. The aforementioned coverage is provided to the extent in the attached forms for: City of Cupertino. General Liability Primary and Non-Contributory endorsements to follow from carrier. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD City of Cupertino Cupertino City Hall 10300 Torre Ave Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Policy Number: PHPK2553043-018 PI-GLD-HS (10/11) Page 1 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: HUMAN SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Coverage Applicable Limit of Insurance Page # Extended Property Damage Included 2 Limited Rental Lease Agreement Contractual Liability $50,000 limit 2 Non-Owned Watercraft Less than 58 feet 2 Damage to Property You Own, Rent, or Occupy $30,000 limit 2 Damage to Premises Rented to You $1,000,000 3 HIPAA Clarification 4 Medical Payments $20,000 5 Medical Payments – Extended Reporting Period 3 years 5 Athletic Activities Amended 5 Supplementary Payments – Bail Bonds $5,000 5 Supplementary Payment – Loss of Earnings $1,000 per day 5 Employee Indemnification Defense Coverage $25,000 5 Key and Lock Replacement – Janitorial Services Client Coverage $10,000 limit 6 Additional Insured – Newly Acquired Time Period Amended 6 Additional Insured – Medical Directors and Administrators Included 7 Additional Insured – Managers and Supervisors (with Fellow Employee Coverage) Included 7 Additional Insured – Broadened Named Insured Included 7 Additional Insured – Funding Source Included 7 Additional Insured – Home Care Providers Included 7 Additional Insured – Managers, Landlords, or Lessors of Premises Included 7 Additional Insured – Lessor of Leased Equipment Included 7 Additional Insured – Grantor of Permits Included 8 Additional Insured – Vendor Included 8 Additional Insured – Franchisor Included 9 Additional Insured – When Required by Contract Included 9 Additional Insured – Owners, Lessees, or Contractors Included 9 Additional Insured – State or Political Subdivisions Included 10 PI-GLD-HS (10/11) Page 2 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company Duties in the Event of Occurrence, Claim or Suit Included 10 Unintentional Failure to Disclose Hazards Included 10 Transfer of Rights of Recovery Against Others To Us Clarification 10 Liberalization Included 11 Bodily Injury – includes Mental Anguish Included 11 Personal and Advertising Injury – includes Abuse of Process, Discrimination Included 11 A. Extended Property Damage SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following: a. Expected or Intended Injury “Bodily injury” or property damage” expected or intended from the standpoint of the insured. This exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect persons or property. B. Limited Rental Lease Agreement Contractual Liability SECTION I – COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability is amended to include the following: (3) Based on the named insured’s request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $50,000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter’s liability insurance of the client. C. Non-Owned Watercraft SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. D. Damage to Property You Own, Rent or Occupy SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE PI-GLD-HS (10/11) Page 3 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company LIABILITY, Subsection 2. Exclusions, Paragraph j. Damage to Property, Item (1) is deleted in its entirety and replaced with the following: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another’s property, unless the damage to property is caused by your client, up to a $30,000 limit. A client is defined as a person under your direct care and supervision. E. Damage to Premises Rented to You 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word “fire” is changed to “fire, lightning, explosion, smoke, or leakage from automatic fire protective systems” where it appears in: a. The last paragraph of SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III – LIMITS OF INSURANCE. b. SECTION III – LIMITS OF INSURANCE, Paragraph 6. is deleted in its entirety and replaced by the following: Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. c. SECTION V – DEFINITIONS, Paragraph 9.a., is deleted in its entirety and replaced by the following: A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; 2. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance, (1) (a) (ii) is deleted in its entirety and replaced by the following: That is insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of the owner; 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: PI-GLD-HS (10/11) Page 4 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company a. $1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. F. HIPAA SECTION I – COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, is amended as follows: 1. Paragraph 1. Insuring Agreement is amended to include the following: We will pay those sums that the insured becomes legally obligated to pay as damages because of a “violation(s)” of the Health Insurance Portability and Accountability Act (HIPAA). We have the right and the duty to defend the insured against any “suit,” “investigation,” or “civil proceeding” seeking these damages. However, we will have no duty to defend the insured against any “suit” seeking damages, “investigation,” or “civil proceeding” to which this insurance does not apply. 2. Paragraph 2. Exclusions is amended to include the following additional exclusions: This insurance does not apply to: a. Intentional, Willful, or Deliberate Violations Any willful, intentional, or deliberate “violation(s)” by any insured. b. Criminal Acts Any “violation” which results in any criminal penalties under the HIPAA. c. Other Remedies Any remedy other than monetary damages for penalties assessed. d. Compliance Reviews or Audits Any compliance reviews by the Department of Health and Human Services. 3. SECTION V – DEFINITIONS is amended to include the following additional definitions: a. “Civil proceeding” means an action by the Department of Health and Human Services (HHS) arising out of “violations.” b. “Investigation” means an examination of an actual or alleged “violation(s)” by HHS. However, “investigation” does not include a Compliance Review. c. “Violation” means the actual or alleged failure to comply with the regulations included in the HIPAA. PI-GLD-HS (10/11) Page 5 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company G. Medical Payments – Limit Increased to $20,000, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of SECTION III - LIMITS OF INSURANCE to the greater of: a. $20,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. SECTION I – COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, a. (3) (b) is deleted in its entirety and replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident. H. Athletic Activities SECTION I – COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities is deleted in its entirety and replaced with the following: e. Athletic Activities To a person injured while taking part in athletics. I. Supplementary Payments SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGE A AND B are amended as follows: 1. b. is deleted in its entirety and replaced by the following: 1. b. Up to $5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these. 1.d. is deleted in its entirety and replaced by the following: 1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work. J. Employee Indemnification Defense Coverage SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS – COVERAGES A AND B the following is added: We will pay, on your behalf, defense costs incurred by an “employee” in a criminal proceeding occurring in the course of employment. The most we will pay for any “employee” who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the numbers of “employees,” claims or “suits” brought or persons or organizations making claims or bringing “suits. PI-GLD-HS (10/11) Page 6 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company K. Key and Lock Replacement – Janitorial Services Client Coverage SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS – COVERAGES A AND B is amended to include the following: We will pay for the cost to replace keys and locks at the “clients” premises due to theft or other loss to keys entrusted to you by your “client,” up to a $10,000 limit per occurrence and $10,000 policy aggregate. We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that you or any of your partners, members, officers, “employees”, “managers”, directors, trustees, authorized representatives or any one to whom you entrust the keys of a “client” for any purpose commit, whether acting alone or in collusion with other persons. The following, when used on this coverage, are defined as follows: a. "Client" means an individual, company or organization with whom you have a written contract or work order for your services for a described premises and have billed for your services. b. "Employee" means: (1) Any natural person: (a) While in your service or for 30 days after termination of service; (b) Who you compensate directly by salary, wages or commissions; and (c) Who you have the right to direct and control while performing services for you; or (2) Any natural person who is furnished temporarily to you: (a) To substitute for a permanent "employee" as defined in Paragraph (1) above, who is on leave; or (b) To meet seasonal or short-term workload conditions; while that person is subject to your direction and control and performing services for you. (3) "Employee" does not mean: (a) Any agent, broker, person leased to you by a labor leasing firm, 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." c. "Manager" means a person serving in a directorial capacity for a limited liability company. L. Additional Insureds SECTION II – WHO IS AN INSURED is amended as follows: 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this PI-GLD-HS (10/11) Page 7 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company Coverage Part, Paragraph 3.a. is deleted in its entirely and replaced by the following: a. Coverage under this provision is afforded until the end of the policy period. 2. Each of the following is also an insured: a. Medical Directors and Administrators – Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient. b. Managers and Supervisors – Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your “employees” are also insureds for “bodily injury” to a co - “employee” while in the course of his or her employment by you or performing duties related to the conduct of your business. This provision does not change Item 2.a.(1)(a) as it applies to managers of a limited liability company. c. Broadened Named Insured – Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. d. Funding Source – Any person or organization with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. e. Home Care Providers – At the first Named Insured's option, any person or organization under your direct supervision and control while providing for you private home respite or foster home care for the developmentally disabled. f. Managers, Landlords, or Lessors of Premises – Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: This insurance does not apply to: (1) Any “occurrence” which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. g. Lessor of Leased Equipment – Automatic Status When Required in Lease Agreement With You – Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or PI-GLD-HS (10/11) Page 8 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company organization is an insured 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. A person’s or organization’s status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. 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. h. Grantors of Permits – Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. i. Vendors – Only with respect to “bodily injury” or “property damage” arising out of “your products” which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; PI-GLD-HS (10/11) Page 9 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub-paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing. j. Franchisor – Any person or organization with respect to their liability as the grantor of a franchise to you. k. As Required by Contract – Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for "bodily injury," "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations l. Owners, Lessees or Contractors – Any person or organization, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured when required by a contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. PI-GLD-HS (10/11) Page 10 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company m. State or Political Subdivisions – Any state or political subdivision as required, subject to the following provisions: (1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract. (2) This insurance does not apply to: (a) "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) "Bodily injury" or "property damage" included within the "products-completed operations hazard." M. Duties in the Event of Occurrence, Claim or Suit SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. is amended as follows: a. is amended to include: This condition applies only when the “occurrence” or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. b. is amended to include: This condition will not be considered breached unless the breach occurs after such claim or “suit” is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. N. Unintentional Failure To Disclose Hazards SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include the following: It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. O. Transfer of Rights of Recovery Against Others To Us SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of PI-GLD-HS (10/11) Page 11 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company Recovery Against Others To Us is deleted in its entirety and replaced by the following: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. Therefore, the insured can waive the insurer’s rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. P. Liberalization SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. Q. Bodily Injury – Mental Anguish SECTION V – DEFINITIONS, Paragraph 3. Is deleted in its entirety and replaced by the following: “Bodily injury” means: a. Bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time. R. Personal and Advertising Injury – Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of “personal and advertising injury” is amended as follows: 1. SECTION V – DEFINITIONS, Paragraph 14.b. is deleted in its entirety and replaced by the following: b. Malicious prosecution or abuse of process; 2. SECTION V – DEFINITIONS, Paragraph 14. is amended by adding the following: Discrimination based on race, color, religion, sex, age or national origin, except when: a. Done intentionally by or at the direction of, or with the knowledge or consent of: (1) Any insured; or (2) Any executive officer, director, stockholder, partner or member of the insured; b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; PI-GLD-HS (10/11) Page 12 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling. The above does not apply to fines or penalties imposed because of discrimination. Policy Number: PHUB863436-018 PI-CXL-001 (03/14) Page 1 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. COMMERCIAL UMBRELLA LIABILITY INSURANCE POLICY This policy has been issued in reliance upon the statement in the Declarations made a part hereof and in the application submitted for this insurance. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations and any other person qualifying as a Named Insured under this policy. The words "we," "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under SECTION II – WHO IS AN INSURED. Other words and phrases in this policy that appear in quotation marks have special meaning. Refer to SECTION V – DEFINITIONS. SECTION I – COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement We will pay on behalf of the insured the "ultimate net loss" in excess of the "applicable underlying limit,” whether or not collectible, which the insured becomes legally obligated to pay as damages because of "bodily injury," "property damage" or “personal and advertising injury” to which this insurance applies. Bodily Injury and Property Damage a. This insurance applies to “bodily injury” or “property damage” only if: (1) The “bodily injury” or “property damage” arising out of an “occurrence” takes place in the “coverage territory”; (2) The “bodily injury” or “property damage” occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1.a. of SECTION II – WHO IS AN INSURED and no “employee” authorized by you to give or receive notice of an “occurrence” or claim, knew that the “bodily injury” or “property damage” had occurred, in whole or in part. If such a listed insured or authorized “employee” knew, prior to the policy period, that the “bodily injury” or “property damage” occurred, then any continuation, change or resumption of such “bodily injury” or “property damage” during or after the policy period will be deemed to have been known prior to the policy period. b. “Bodily injury” or “property damage which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1.a. of SECTION II – WHO IS AN INSURED or any “employee” authorized by you to give or receive notice of an “occurrence” or claim, includes any continuation, change or resumption of that “bodily injury” or “property damage” after the end of the policy period. c. “Bodily injury” or “property damage” will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1.a. of SECTION II – WHO IS AN INSURED or any “employee” authorized by you to give or receive notice of an “occurrence” PI-CXL-001 (03/14) Page 2 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. or claim: (1) Reports all, or any part, of the “bodily injury” or “property damage” to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the “bodily injury” or “property damage”; or (3) Becomes aware by any other means that “bodily injury” or “property damage” has occurred or has begun to occur. Personal and Advertising Injury This insurance applies to “personal and advertising injury” caused by an offense arising out of your business but only if the offense was committed in the “coverage territory” during the policy period. 2. Defense of Claims or Suits and Supplementary Payments a. We will have the right and duty to defend the insured against any "suit" seeking damages which are payable under COVERAGES A or B including damages wholly or partly within the "retained limit," but which are not payable by a policy of "underlying insurance," or any other available insurance because: (1) Such damages are not covered; or (2) The "underlying insurance" has been exhausted by the payment of claims. Damages because of “bodily injury” include damages claimed by any person or organization for care, loss of services or death resulting at any time from the “bodily injury.” b. We may investigate and settle any claim or "suit" in a. above at our discretion. c. Our right and duty in a. above ends when we have used up the “applicable limit of insurance" in the payment of judgments or settlements. d. We will pay, with respect to any claims or "suits" we defend in a. above: (1) All expense we incur. (2) Up to $2000 for cost of bail bonds (including bonds for related traffic violations) required because of an “occurrence” we cover. We do not have to furnish these bonds. (3) The premium for appeal bonds and bonds to release attachments, but only for bond amounts within the "applicable limit of insurance." We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit," including actual loss of earnings up to $250 a day because of time off from work. (5) All court costs taxed against the insured in the "suit." However, these payments do not include attorneys’ fees or attorneys’ expenses taxed against the insured. (6) Prejudgment interest awarded against the insured on that part of the judgment we pay. If PI-CXL-001 (03/14) Page 3 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. we make an offer to pay the "applicable limit of insurance," we will not pay any prejudgment interest based on that period of time after the offer. (7) All interest on the full amount of any judgment that accrues after entry of the judgment and before we have: (a) Paid, or offered to pay; or (b) Deposited in court; The part of the judgment that is within the "applicable limit of insurance." These payments will not reduce the limits of insurance. e. We will have no duty to defend the insured against any claim or "suit" that any other insurer has a duty to defend. If we elect to join in the defense of such claims or "suits," we will pay all expenses we incur, but we will not contribute to the expenses of the insured or the “underlying insurer.” f. If we defend an insured against a “suit” and an indemnitee of the insured is also named as a party to the “suit,” we will defend that indemnitee if all of the following conditions are met: (1) The “suit” against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an “insured contract”; (2) This insurance applies to such liability assumed by the insured; (3) The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same “insured contract”; (4) The allegations in the “suit” and the information we know about the “occurrence” are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; (5) The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such “suit” and agree that we can assign the same counsel to defend the insured and the indemnitee; and (6) The indemnitee: (a) Agrees in writing to: (i) Cooperate with us in the investigation, settlement or defense of the “suit”; (ii) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the “suit”; (iii) Notify any other insurer whose coverage is available to the indemnitee; and (iv) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (b) Provides us with written authorization to: (i) Obtain records and other information related to the “suit”; and PI-CXL-001 (03/14) Page 4 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. (ii) Conduct and control the defense of the indemnitee in such “suit.” So long as the above conditions are met, attorneys’ fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 3. Exclusions, f.(2) below, such payments will not be deemed to be damages for “bodily injury” and “property damage” and will not reduce the limits of insurance. Our obligation to defend an insured’s indemnitee and to pay for attorneys’ fees and necessary litigation expenses as Supplementary Payments ends when we have used up the “applicable limit of insurance” in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f.(6) above. 3. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or “property damage” resulting from the use of reasonable force to protect persons or property. b. Workers Compensation and Similar Laws Any obligation of the insured under a workers’ compensation, disability benefits or unemployment compensation law or any similar law. c. Employment Related Practices "Bodily injury" or “personal and advertising injury” to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person’s employment; or (c) Employment related practices, policies, acts or omissions such as discrimination, criticism, self-defamation, coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or malicious prosecution directed at that person (2) The spouse, child, parent, brother or sister of that person as a consequence of “bodily injury” or “personal and advertising injury” to that person at whom any of the employment- related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the injury-causing event described in Paragraphs (a), (b) or (c) above occurs before, during or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and PI-CXL-001 (03/14) Page 5 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. (3) To any obligation to share damages with or to repay someone else who must pay damages because of the injury. d. War “Bodily injury,” “property damage” or “personal and advertising injury” however caused arising, directly or indirectly out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Rebellion, revolution, insurrection, usurped power or action taken by governmental authority in hindering or defending against any of these. e. E.R.I.S.A. Any obligation of the insured under the Employees’ Retirement Income Security Act (E.R.I.S.A.) and any amendments thereto or any similar federal, state, or local statute. f. Contractual Liability "Bodily injury" or “property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an “insured contract,” provided the “bodily injury” or “property damage” occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an “insured contract,” reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of “bodily injury” or “property damage,” provided: (a) Liability to such party for, or for the cost of, that party’s defense has also been assumed in the same “insured contract”; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. g. Aircraft or Watercraft "Bodily injury" or “property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft or watercraft owned, or operated by; or rented or loaned to any insured. Use includes operation and “loading or unloading.” This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured. This exclusion does not apply to: PI-CXL-001 (03/14) Page 6 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. (1) Watercraft while ashore on premises you own or rent; (2) Watercraft you do not own that is: (a) Less than 50 feet long; and (b) Not being used to carry persons or property for a charge. (3) Liability assumed under any “insured contract” for the ownership, maintenance or use of aircraft or watercraft. (4) The extent that valid “underlying insurance” for the aircraft or watercraft liability risks described above exists or would have existed but for the exhaustion of underlying limits for “bodily injury” or “property damage.” Coverage provided will follow the provisions, exclusions and limitations of the “underlying insurance” unless otherwise directed by this insurance; or (5) Aircraft that is: (a) Chartered by, loaned to, or hired by you with paid crew; and (b) Not owned by any insured. h. Auto Coverages (1) “Bodily injury” or “property damage” arising out of the ownership, maintenance or use of any “auto” which is not an “auto” covered by “underlying insurance”; or (2) Any loss, cost or expense payable under or resulting from any first party physical damage coverage; no-fault law; personal injury protection or auto medical payment coverage; or uninsured or underinsured motorist law. In addition, any other auto liability exclusions contained in the applicable “underlying insurance” shown in the Schedule of Underlying shall apply. i. Other Personal and Advertising Injury Exclusions “Personal and advertising injury": (1) Knowing Violation of Rights of Another Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict “personal and advertising injury.” (2) Material Published with Knowledge of Falsity Arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity. (3) Material Published Prior to Policy Period Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. All "personal and advertising injury" arising out of publication of the same or similar material subsequent to the beginning of the policy period is also excluded. PI-CXL-001 (03/14) Page 7 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. (4) Criminal Acts Arising out of a criminal act committed by or at the direction of the insured. (5) Contractual Liability For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of a contract or agreement. (6) Breach of Contract Arising out of a breach of contract, except an implied contract to use another’s advertising idea in your “advertisement.” (7) Quality or Performance of Goods – Failure to Conform to Statements Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your “advertisement.” (8) Wrong Description of Prices Arising out of the wrong description of the price of goods, products or services stated in your “advertisement.” (9) Infringement of Copyright, Patent, Trademark or Trade Secret Arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another’s advertising idea in your “advertisement.” However, this exclusion does not apply to infringement in your “advertisement” of copyright, trade dress or slogan. (10) Insureds in Media and Internet Type Businesses Committed by an insured whose business is: (a) Advertising, broadcasting, publishing or telecasting; (b) Designing or determining content of websites for others; or (c) An internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 16. a., b. and c. under SECTION V – DEFINITIONS. For the purpose of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. (11) Electronic Chatrooms or Bulletin Boards Arising out of an electronic chatroom or bulletin board the insured hosts, owns or over PI-CXL-001 (03/14) Page 8 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. which the insured exercises control. (12) Unauthorized Use of Another’s Name or Product Arising out of the unauthorized use of another’s name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another’s potential customers. j. Damage to Property "Property damage" to property: (1) You own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another’s property; (2) Premises you sell, give away or abandon, if the “property damage” arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of an insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the “property damage” arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because “your work” was incorrectly performed on it. Paragraph (2) of this exclusion does not apply if the premises are “your work” and were never occupied, rented or held for rental by you. Paragraphs (1), (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to “property damage” included in the “products-completed operations hazard.” k. Damage to Your Product "Property damage" to "your product" arising out of it or any part of it. l. Damage to Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products-completed operations hazard." This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage to Impaired Property or Property Not Physically Injured “Property damage" to "impaired property" or property that has not been physically injured, arising out of: PI-CXL-001 (03/14) Page 9 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. n. Recall of Products, Work or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Pollution (1) "Bodily injury," “property damage" or “personal and advertising injury” arising out of the actual alleged or threatened discharge, dispersal, seepage, migration, release or escape of “pollutants”: (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) “Bodily injury” if sustained within a building and caused by smoke, fume, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building’s occupants or their guests; (ii) “Bodily injury” or “property damage” for which you may be held liable if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii) “Bodily injury” or “property damage” arising out of heat, smoke or fumes from a “hostile fire”; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or PI-CXL-001 (03/14) Page 10 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured’s behalf are performing operations if the “pollutants” are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (i) “Bodily injury” or “property damage” arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of “mobile equipment” or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the “bodily injury” or “property damage” arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as a part of the operations being performed by such insured, contractor or subcontractor; (ii) “Bodily injury” or “property damage” sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) “Bodily injury” or “property damage” arising out of heat, smoke or fumes from a “hostile fire.” (e) At or from any premises, site or location on which any insured or any contractor or subcontractor working directly or indirectly on any insured’s behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, “pollutants.” (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, “pollutants”; or (b) Claim or “suit” by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, “pollutants.” However, this paragraph does not apply to liability for damages because of “property damage” that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or “suit” by or on behalf of a governmental authority. As used in this exclusion, “hostile fire” means one which becomes uncontrollable or breaks out from where it was intended to be. PI-CXL-001 (03/14) Page 11 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. p. Discrimination Any liability arising from discrimination: (1) Suffered or allegedly suffered by any person based upon, but not limited to, color, creed, gender, race, national origin, age, handicap, illness, religion or sexual preference; or (2) Due to unfair trade practices. q. Asbestos "Bodily injury,” "property damage" or “personal and advertising injury” arising out of the "asbestos hazard." We shall have no obligation under this policy: (1) To investigate, settle or defend any claim or “suit” against any insured alleging actual or threatened injury or damage of any nature or kind to persons or property which arises out of or would not have occurred but for the "asbestos hazard"; or (2) To pay, contribute to, or indemnify another for any damages, judgments, settlements, loss, costs or expenses that may be awarded or incurred by reason of any such claim or “suit” or any injury or damage, or in complying with any action authorized by law and relating to such injury or damage. As used in this exclusion: “Asbestos hazard” means: (a) An actual exposure or threat of exposure to the harmful properties of "asbestos"; or (b) The presence of "asbestos" in any place, whether or not within a building or structure. "Asbestos” means the mineral in any form, including but not limited to fibers or dust. r. Nuclear Energy Liability Under any Liability Coverage, to “bodily injury” or “property damage”: (1) With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under such policy but for its termination upon exhaustion of its limit of liability; (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the insured is, or had this policy not been issued, would be entitled to indemnity from the United States of America, or any agency thereof, with any person or organization; or (3) Resulting from the "hazardous properties" of "nuclear material", if: (a) The "nuclear material" PI-CXL-001 (03/14) Page 12 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. (i) Is at any "nuclear facility" owned by, or operated by or on behalf of an insured; or (ii) Has been discharged or dispersed therefrom; (b) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an insured; or (c) The “bodily injury” or “property damage” arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility," but if such facility is located within the United States of America, its territories or possessions or Canada, this Exclusion (c) applies only to “property damage” to such "nuclear facility” and any property threat. As used in this exclusion: "Hazardous properties" include radioactive, toxic or explosive properties. “Nuclear material” means “source material,” “special nuclear material,” or “by-product material.” "Source material," "special nuclear material," and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor." "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its “source material” content; and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of “nuclear facility.” "Nuclear facility" means: (a) Any "nuclear reactor"; (b) Any equipment or device designed or used for (i) separating the isotopes of uranium or plutonium; (ii) processing or utilizing "spent fuel"; or (iii) handling, processing or packaging "waste"; (c) Any equipment or device used for processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a PI-CXL-001 (03/14) Page 13 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. self-supporting chain reaction or to contain a critical mass of fissionable material. “Property damage” includes all forms of radioactive contamination of property. s. Liquor Liability “Bodily injury” or “property damage” for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. t. Trade or Economic Sanctions 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. u. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access or inability to manipulate electronic data. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. This exclusion does not apply if valid “underlying insurance” for the electronic data risks described above exists or would have existed but for the exhaustion of underlying limits for “bodily injury” and “property damage.” Coverage provided will follow the provisions, exclusions and limitations of the “underlying insurance,” unless otherwise directed by this insurance. v. Distribution of Material in Violation of Statutes “Bodily injury” or “property damage” arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of materials or information. SECTION II – WHO IS AN INSURED PI-CXL-001 (03/14) Page 14 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your “executive officers” and directors are insured, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Any subsidiary you wholly own, either directly or indirectly, at the inception of our policy. 3. Each of the following is also an insured: a. With respect to the "auto hazard": (1) Anyone using an "auto” you own, hire or borrow including any person or organization legally responsible for such use provided it is with your permission; and (2) Any of your “executive officers,” directors, partners, “employees” or stockholders, operating an "auto" you do not own, hire or borrow while it is being used in your business. None of the following is an insured under (1) or (2) above: (a) Any person employed by or engaged in the duties of an auto sales agency, repair shop, service station, storage garage or public parking place that you do not operate. (b) The owner or lessee of any "auto” hired by or for you or loaned to you and any agent or employee of such lessee. b. With respect to aircraft: Anyone using an aircraft chartered with crew by you or on your behalf and anyone legally responsible for its use except: (1) The owner or crew of the aircraft or any person operating such aircraft; (2) Any manufacturer of the aircraft or any of its parts; (3) Any sales, service or repair company; (4) Any airport or hangar operator; or any “employee” of (2), (3) or (4). c. Except with respect to aircraft and the "auto hazard": PI-CXL-001 (03/14) Page 15 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. (1) Your “volunteer workers” only while performing duties related to the conduct of your business, or your “employees,” other than either your “executive officers” (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these “employees” or “volunteer workers” are insureds for: (a) “Bodily injury” or “personal and advertising injury”: (i) To you, to your partners or members (if you are a partnership or joint venture), to a co-“employee” while in the course of his or her employment or performing duties related to the conduct of your business, or to your other “volunteer workers” while performing duties related to the conduct of your business unless insurance for such liability is afforded by the “underlying insurance”; (ii) To the spouse, child, parent, brother or sister of that co-“employee” or “volunteer worker” as a consequence of Paragraph (a)(i) above; (iii) For which there is any obligation to share damage with or repay someone else who must pay damages because of the injury described in Paragraphs (a)(i) or (ii) above; or (iv) Arising out of his or her providing or failing to provide professional health care services. (b) “Property damage” to property: (i) Owned, occupied or used by; (ii) Rented to, in the care custody or control of, or over which physical control is being exercised for any purpose by you, any of your “employees,” “volunteer workers,” any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). (2) Any person (other than your “employee” or “volunteer worker”), or any organization while acting as your real estate manager. (3) Any person or organization having proper temporary custody of your property if you die, but only: (a) With respect to liability arising out of the maintenance or use of that property; and (b) Until your legal representative has been appointed. (4) 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 insurance. d. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured. However: (1) Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; PI-CXL-001 (03/14) Page 16 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. (2) Coverage A does not apply to “bodily injury" or "property damage" that occurred before you acquired or formed the organization; and (3) Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. e. Any person or organization for whom you agreed in writing to provide this insurance for operations you perform or facilities you own or use. This insurance is subject to your "applicable underlying limits" for such operations or facilities. f. Any other person or organization insured under any policy of the "underlying insurance." This grant is subject to all the limitations upon coverage under such policy other than the limits of the “underlying insurers” liability. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III – LIMITS OF INSURANCE 1. The limits of insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought, or number of vehicles involved; or (c) Persons or organizations making claims or bringing "suits." 2. The Products-Completed Operations Aggregate Limit is the most we will pay for the sum of all “ultimate net loss” because of “bodily injury” and “property damage” included in the "products - completed operations hazard." 3. The General Aggregate Limit is the most we will pay for the sum of all “ultimate net loss” under Coverage A and Coverage B except: (a) Damages because of “bodily injury” and “property damage” included in the "products- completed operations hazard"; and (b) Damages because of “bodily injury” and “property damage” included in the "auto hazard." 4. Subject to 3. above, the most we will pay under Coverage B for the sum of all “ultimate net loss” because of all "personal and advertising injury" sustained by any one person or organization shall be an amount equal to the Each Occurrence Limit. 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of all “ultimate net loss” under Coverage A because of all "bodily injury" and "property damage" arising out of any one "occurrence." 6. If there is “underlying insurance” with a policy period that is non-concurrent with the policy period of this Commercial Umbrella Liability policy, the “applicable underlying limit” will only be reduced or exhausted by payments for: PI-CXL-001 (03/14) Page 17 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. a. “Bodily injury” or “property damage” which occurs during the policy period of this policy. b. “Personal and advertising injury” for offenses that are committed during the policy period of this policy. However, if any “underlying insurance” is written on a claims-made basis, the “applicable underlying limit” will only be reduced or exhausted by claims for that insurance that are made during the policy period, or any Extended Reporting Period, of this policy. To determine the Limit of Insurance, all "bodily injury" and "property damage" arising out of continuous or repeated exposure to the same general conditions shall be considered one “occurrence." The limits of insurance apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV – CONDITIONS 1. Appeals If the insured or the "underlying insurer" elects not to appeal a judgment in excess of the “applicable underlying limit,” we may elect to make such appeal, at our cost and expense. If we so elect, we shall be liable in addition to the "applicable limit of insurance" for the: (a) Taxable costs; (b) Disbursements; and (c) Additional interest incidental to such appeal; but in no event will we be liable for damages in excess of the applicable aggregate Limit of Insurance. If a judgment is rendered in excess of the limits of “underlying insurance” and we offer to pay our full share of such judgment, but you or your “underlying insurers” elect to appeal it, you, your “underlying insurers” or both will bear: (1) The cost and duty of obtaining any appeal bond; (2) The taxable costs, disbursements and additional interest incidental to such appeal; and (3) Any increase in damages over the amount the matter could have been settled for after the verdict was entered and before the appeal was filed. 2. Bankruptcy a. Bankruptcy of Insured Bankruptcy or insolvency of the insured or the insured's estate will not relieve us of our obligations under this insurance. PI-CXL-001 (03/14) Page 18 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. b. Bankruptcy of Underlying Insurer Bankruptcy of the “underlying insurer” will not relieve us of our obligations under this insurance. However, this insurance will not replace the “underlying insurance” in the event of bankruptcy or insolvency of the “underlying insurer.” This insurance will apply as if the “underlying insurance” were in full effect. 3. Cancellation a. The first Named Insured may cancel this insurance by mailing or delivering to us in advance, written notice of cancellation. b. We may cancel this insurance by mailing or delivering to the first Named Insured written notice of cancellation at least: (1) 10 days before the effective date of cancellation if we cancel for non-payment of premium; or (2) 30 days before the effective date of cancellation if we cancel for any other reason. c. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this policy is cancelled, we will send you any premium refund due. If we cancel, the refund will be pro rata. If you cancel, the refund will be pro rata, less 10% of the pro rata unearned premium. The cancellation will be effective even if we have not made or offered refund. f. If notice is mailed, proof of mailing will be sufficient proof of notice. 4. Changes This policy contains all the agreements between you and us concerning the insurance afforded. No change can be made in the terms of this insurance except with our consent. The terms of this insurance can be amended or waived only by endorsement issued by us and made a part of this insurance. 5. Duties in the Event of Occurrence or Offense, Claim or Suit a. You must see to it that we are notified as soon as practicable of any "occurrence" or any offense which may result in a claim under this insurance when the occurrence or offense is known to: (1) You, if you are an individual; (2) Your partner, if you are a partnership; (3) Your member, if you are a joint venture; (4) Your member or manager, if you are a limited liability company; or PI-CXL-001 (03/14) Page 19 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. (5) Your officer or insurance manager, if you are an organization other than a partnership, joint venture or limited liability company. b. Notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence." c. If a claim or "suit" is brought against any insured which may result in a claim against this insurance, you must see to it that we receive prompt written notice of the claim or "suit." d. The insured must: (1) Cooperate with the "underlying insurers"; (2) Comply with the terms of the "underlying insurance"; (3) Pursue all rights of contribution or indemnity against any person or organization who may be liable to the insured because of "bodily injury," "property damage", or "personal and advertising injury" with respect to which insurance is provided under this or any policy of "underlying insurance." (4) When we believe that a claim may exceed the "underlying insurance," we may join with the insured and the "underlying insurer" in the investigation, settlement and defense of all claims and "suits” in connection with such "occurrence" or offense. In such event, the insured must cooperate with us. 6. Examination of your Books and Records We may examine and audit your books and records as they relate to this insurance: a. At any time during the policy period; b. Up to three years afterward; or c. Within one year after final settlement of all claims under this insurance. 7. Inspection and Surveys We have the right but are not obligated to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that conditions: PI-CXL-001 (03/14) Page 20 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. (1) Are safe or healthful; or (2) Comply with laws, regulations, codes or standards. 8. Legal Action Against Us No person or organization has a right under this insurance: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this insurance unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial. We will not be liable for damages that: (1) Are not payable under the terms of this insurance; or (2) Are in excess of the "applicable limit of insurance." An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant’s legal representative. 9. Maintenance of / Changes to Underlying Insurance The “underlying insurance” listed in the Schedule of Underlying Insurance in the Declarations shall remain in full effect throughout the policy period except for reduction of the aggregate limit due to payment of claims, settlements or judgments. Failure to maintain “underlying insurance” will not invalidate this insurance. However, this insurance will apply as if the “underlying insurance” were in full effect. If there is an increase in the scope of coverage of any “underlying insurance” during the term of this policy, our liability will be no more than it would have been if there had been no such increase. You must notify us as soon as practicable when any “underlying insurance” is no longer in effect or if the limits or scope of coverage of any “underlying insurance” is changed. 10. Other Insurance a. This insurance is excess over, and shall not contribute with any of the other insurance whether primary, excess, contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this policy. When this insurance is excess, we will have no duty under this policy 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. b. When this insurance is excess over other insurance, we will pay only our share of the “ultimate net loss” that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and PI-CXL-001 (03/14) Page 21 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. (2) The total of all deductible and self-insured amounts under all that other insurance. 11. Transfer of Rights of Recovery Against Others to Us a. If any insured has rights to recover from any other person or organization all or part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring “suit” or transfer those rights to us and help us enforce them. b. Any such recovery shall be applied as follows: (1) First, any person or organization (including the insured) that has paid an amount in excess of the applicable limits of insurance of this policy will be reimbursed for the actual excess amount paid under this policy; (2) Then, we will be reimbursed up to the amount we have paid; and (3) Last, any insured or issuer of scheduled “underlying insurance” is entitled to claim the remainder, up to the amount that insured or issuer of scheduled “underlying insurance” has paid. c. Expenses incurred in the exercise of such rights of recovery shall be apportioned among such persons or organizations, including the insured, in the same ratio as their respective recoveries are finally shared. 12. Premium a. The first Named Insured has primary responsibility for the payment of all premiums and will be the payee for any return premiums. b. If the premium is a flat charge, it is not subject to adjustment except as provided in d. below. c. If the premium is other than a flat charge, it is an advance premium only. The earned premium will be computed at the end of each year in which this insurance is in force at the rate shown in the Declarations, subject to the Minimum Annual Premium. d. Additional premium may become payable when coverage is provided for additional insureds; and Named Insureds under the provisions of SECTION II – WHO IS AN INSURED, Items 3. d., e., and f. 13. Premium Audit a. You must keep record of the information we need for premium computation and send us copies at such times as we may request; b. At the close of each audit period we will compute the earned premium for that period; and c. Audit premiums are due and payable on notice to you. 14. Representations or Fraud By accepting this insurance, you agree: a. The statements in the Declarations and any subsequent notice relating to "underlying PI-CXL-001 (03/14) Page 22 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. insurance" are accurate and complete; b. Those statements are based upon representations you made to us; c. We have issued this insurance in reliance upon your representations; and d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. 15. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned to you in this insurance, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 16. Transfer of your Rights and Duties Under this Insurance Your rights and duties under this insurance may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die, your rights and duties will be transferred to: a. Your legal representative but only while acting within the scope of duties as your legal representative. b. Anyone having your rights and duties but only with respect to that property, until your legal representative is appointed. 17. When Loss is Payable Coverage under this policy will not apply until the insured, or the insured’s “underlying insurer” has paid or is obligated to pay the full amount of the “applicable underlying limit.” When the amount of damages is determined by an agreed settlement or on a final judgment against an insured obtained after an actual trial, we will promptly pay on behalf of the insured the amount of damages covered under the terms of this policy. The first Named Insured will promptly reimburse us for any amount within the “retained limit.” 18. Transfer of Defense When the underlying limits of insurance have been used up in the payment of judgments or settlements, the duty to defend will be transferred to us. We will cooperate in the transfer of control to us of outstanding claims or “suits” seeking damages to which this insurance applies which would have been covered by the “underlying insurance” had the applicable limit not been used up. SECTION V – DEFINITIONS 1. “Advertisement” means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purpose of this definition: PI-CXL-001 (03/14) Page 23 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. a. Notices that are published include material placed on the internet or on similar electronic means of communication. b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Applicable limit of insurance" means the maximum amount we will pay as damages in accordance with SECTION III – LIMITS OF INSURANCE. 3. "Applicable underlying limit" means: a. If the policies of "underlying insurance" apply to the "occurrence" or offense, the greater of: (1) The amount of insurance stated in the policies of "underlying insurance" in the Declarations or any other available insurance less the amount by which any aggregate limit so stated has been reduced solely due to payment of claims; or (2) The "retained limit" shown in the Declarations; or b. If the policies of "underlying insurance" do not apply to the "occurrence" or offense, the amount stated in the Declarations as the "retained limit." The limits of insurance in any policy of "underlying insurance" will apply even if: (a) The "underlying insurer" claims the insured failed to comply with any condition of the policy; or (b) The "underlying insurer" becomes bankrupt or insolvent. 4. "Auto" means: a. A land motor vehicle, trailer or semi-trailer designed for travel on public road, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, “auto” does not include “mobile equipment.” 5. "Auto hazard" means all "bodily injury" and "property damage" for which liability insurance is afforded under the terms of the auto policy of "underlying insurance," other than the limits of insurance of the auto policy of "underlying insurance." 6. "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including death resulting from any of these at any time. 7. "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: PI-CXL-001 (03/14) Page 24 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) “Personal and advertising injury” offenses that take place through the internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in a. above or in a settlement we agree to. 8. “Employee” includes a “leased worker.” “Employee” does not include a “temporary worker.” 9. “Executive officer” means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10. "Impaired property" means tangible property, other than "your product" or "your work," that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract agreement; if such property can be restored to use by: (1) The repair, replacement, adjustment or removal of "your product" or "your work"; or (2) Your fulfilling the terms of the contract or agreement. 11. “Insured contract” means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an “insured contract”; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your “employees,” of any “auto.” However, such contract or agreement shall not be considered an “insured contract” to the extent that it obligates you or any of your “employees” to pay for “property damage” to any “auto” rented or leased by you or any of your “employees.” g. That part of any other contract or agreement pertaining to your business (including an PI-CXL-001 (03/14) Page 25 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for “bodily injury” or “property damage” to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. do not include that part of any contract or agreement: (1) That indemnifies a railroad for “bodily injury” or “property damage” arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; (2) That pertains to the loan, lease or rental of an “auto” to you or any of your “employees,” if the “auto” is loaned, leased or rented with a driver; or (3) That holds a person or organization engaged in the business of transporting property by “auto” for hire harmless for your use of a covered “auto” over a route or territory that person or organization is authorized to serve by public authority. 12. “Leased worker” mans a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. “Leased worker” does not include a “temporary worker.” 13. “Loading or unloading” means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or “auto”; b. While it is in or on an aircraft, watercraft or “auto”; or c. While it is being moved from an aircraft, watercraft or “auto” to the place where it is finally delivered; but “loading or unloading” does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or “auto.” 14. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: PI-CXL-001 (03/14) Page 26 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, “mobile equipment” does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered “autos.” 15. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 16. "Personal and advertising injury" means injury, including consequential "bodily injury," arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; f. The use of another’s advertising idea in your “advertisement; or g. Infringing upon another’s copyright, trade dress or slogan in your “advertisement.” 17. “Pollutants” mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, PI-CXL-001 (03/14) Page 27 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. reconditioned or reclaimed. 18. "Products-completed operations hazard": a. Includes all "bodily injury" and “property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 19. "Property damage" means: (a) Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or (b) Loss of use of tangible property that is not physically injured. All such loss shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 20. "Retained limit" is the amount stated in the Declarations as such. If the policies of "underlying insurance" do not apply to the "occurrence" or offense, the insured shall retain this amount as self-insurance with respect to: (a) "Bodily injury" or "property damage" caused by each "occurrence"; or (b) "Personal and advertising injury" sustained by any one person or organization. PI-CXL-001 (03/14) Page 28 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. The “retained limit” does not apply to “occurrences” or offenses which would have been covered by “underlying insurance” but for the exhaustion of applicable limits. 21. "Suit" means a civil proceeding in which damages because of "bodily injury," "property damage," or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: (a) An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or (b) Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent or the “underlying insurer’s” consent. 22. “Temporary worker” means a person who is furnished to you to substitute for a permanent “employee” on leave or to meet seasonal or short-term workload conditions. 23. “Ultimate net loss" means the total sum, after reduction for recoveries or salvages collectible, that the insured becomes legally obligated to pay as damages by reason of settlement or judgments or any arbitration or other alternate dispute method entered into with our consent or the “underlying insurer’s” consent. 24. "Underlying insurance" means any policies of insurance listed in the Declarations under the Schedule of Underlying Insurance and includes: a. Any renewal or replacement of such policies; and b. Any other insurance available to the insured. 25. "Underlying insurer" means any insurer which provides any policy of insurance listed in the Schedule of Underlying Insurance or any other insurance available to the insured. 26. “Volunteer worker” means a person who is not your “employee,” and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 27. "Your product" means: a. Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (1) You; (2) Others trading under your name; or (3) A person or organization whose business or assets you have acquired; and b. Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. "Your product" includes: (a) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (b) The providing of or failure to provide warnings or instructions. PI-CXL-001 (03/14) Page 29 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. "Your product" does not include vending machines or other property rented to or located for the use of others but not sold. 28. "Your work" means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. "Your work" includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, or performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 040306 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 otherwise due on such remuneration. % of the California workers' compensation premium SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER PRIOR TO A LOSS. JOB DESCRIPTION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The infomation below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12-31-24 Policy No. CFl-WK-10000414-02 Insured WEST VALLEY COMMUNITY SERVICES Insurance Company NOVA Casualty Company Endorsement No. Premium$ INCL. Countersigned By _ © 1998 by the Workers' Ccmpensation Insurance Rating Bureau ol California. All rights reserved. From the WCIRB's Csllomla Workers' Corrpnsatlon Insurance Fonns Manual © 1999. IN$U'IB) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/14/2025 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 Inszone Insurance Services, LLC 2721 Citrus Road, Suite A Rancho Cordova, CA 95742 License#: 0F82764 CONTACT Certificate Team NAME: PHONE 877-308-9663 (A/C, No, Ext): FAX 916-400-2625 (A/C, No): E-MAIL certs@inszoneins.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Philadelphia Indemnity Insurance Company 18058 INSURED WESTVAL-21 West Valley Community Services of Santa Clara County, Inc. 10104 Vista Drive Cupertino, CA 95014-2253 INSURER B : Nova Casualty Company 42552 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 2137982492 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER IOD 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y PHPK2553043-018 6/1/2025 6/1/2026 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 20,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 X POLICY PRO- LOC JECT OTHER: PRODUCTS - COMP/OP AGG $ 1,000,000 PROFESSIONAL LIAB $ 1,000,000 A AUTOMOBILE LIABILITY PHPK2553043-018 6/1/2025 6/1/2026 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON-OWNED AUTOS ONLY BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS-MADE Y Y PHUB863436-018 6/1/2025 6/1/2026 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED X RETENTION $ 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N N / A Y CF1-WK-10000414-02 12/31/2024 12/31/2025 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below A CRIME/FIDELITY PHPK2553043-018 6/1/2025 6/1/2026 Employee Theft Forgery or Alteration 25,000 25,000 Theft of Money/Securi 25,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional Insured on the General Liability. Primary and Non-Contributory on the General Liability. Waiver of Subrogation on the General Liability and Workers Compensation. Umbrella follows form, subject to the terms and conditions of the policy. The aforementioned coverage is provided to the extent in the attached forms for: City of Cupertino. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD City of Cupertino Cupertino City Hall 10300 Torre Ave Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Policy Number: PHPK2553043-018 PI-GLD-HS (10/11) Page 1 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: HUMAN SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Coverage Applicable Limit of Insurance Page # Extended Property Damage Included 2 Limited Rental Lease Agreement Contractual Liability $50,000 limit 2 Non-Owned Watercraft Less than 58 feet 2 Damage to Property You Own, Rent, or Occupy $30,000 limit 2 Damage to Premises Rented to You $1,000,000 3 HIPAA Clarification 4 Medical Payments $20,000 5 Medical Payments – Extended Reporting Period 3 years 5 Athletic Activities Amended 5 Supplementary Payments – Bail Bonds $5,000 5 Supplementary Payment – Loss of Earnings $1,000 per day 5 Employee Indemnification Defense Coverage $25,000 5 Key and Lock Replacement – Janitorial Services Client Coverage $10,000 limit 6 Additional Insured – Newly Acquired Time Period Amended 6 Additional Insured – Medical Directors and Administrators Included 7 Additional Insured – Managers and Supervisors (with Fellow Employee Coverage) Included 7 Additional Insured – Broadened Named Insured Included 7 Additional Insured – Funding Source Included 7 Additional Insured – Home Care Providers Included 7 Additional Insured – Managers, Landlords, or Lessors of Premises Included 7 Additional Insured – Lessor of Leased Equipment Included 7 Additional Insured – Grantor of Permits Included 8 Additional Insured – Vendor Included 8 Additional Insured – Franchisor Included 9 Additional Insured – When Required by Contract Included 9 Additional Insured – Owners, Lessees, or Contractors Included 9 Additional Insured – State or Political Subdivisions Included 10 PI-GLD-HS (10/11) Page 2 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company Duties in the Event of Occurrence, Claim or Suit Included 10 Unintentional Failure to Disclose Hazards Included 10 Transfer of Rights of Recovery Against Others To Us Clarification 10 Liberalization Included 11 Bodily Injury – includes Mental Anguish Included 11 Personal and Advertising Injury – includes Abuse of Process, Discrimination Included 11 A. Extended Property Damage SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following: a. Expected or Intended Injury “Bodily injury” or property damage” expected or intended from the standpoint of the insured. This exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect persons or property. B. Limited Rental Lease Agreement Contractual Liability SECTION I – COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability is amended to include the following: (3) Based on the named insured’s request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $50,000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter’s liability insurance of the client. C. Non-Owned Watercraft SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. D. Damage to Property You Own, Rent or Occupy SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE PI-GLD-HS (10/11) Page 3 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company LIABILITY, Subsection 2. Exclusions, Paragraph j. Damage to Property, Item (1) is deleted in its entirety and replaced with the following: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another’s property, unless the damage to property is caused by your client, up to a $30,000 limit. A client is defined as a person under your direct care and supervision. E. Damage to Premises Rented to You 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word “fire” is changed to “fire, lightning, explosion, smoke, or leakage from automatic fire protective systems” where it appears in: a. The last paragraph of SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III – LIMITS OF INSURANCE. b. SECTION III – LIMITS OF INSURANCE, Paragraph 6. is deleted in its entirety and replaced by the following: Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. c. SECTION V – DEFINITIONS, Paragraph 9.a., is deleted in its entirety and replaced by the following: A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; 2. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance, (1) (a) (ii) is deleted in its entirety and replaced by the following: That is insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of the owner; 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: PI-GLD-HS (10/11) Page 4 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company a. $1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. F. HIPAA SECTION I – COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, is amended as follows: 1. Paragraph 1. Insuring Agreement is amended to include the following: We will pay those sums that the insured becomes legally obligated to pay as damages because of a “violation(s)” of the Health Insurance Portability and Accountability Act (HIPAA). We have the right and the duty to defend the insured against any “suit,” “investigation,” or “civil proceeding” seeking these damages. However, we will have no duty to defend the insured against any “suit” seeking damages, “investigation,” or “civil proceeding” to which this insurance does not apply. 2. Paragraph 2. Exclusions is amended to include the following additional exclusions: This insurance does not apply to: a. Intentional, Willful, or Deliberate Violations Any willful, intentional, or deliberate “violation(s)” by any insured. b. Criminal Acts Any “violation” which results in any criminal penalties under the HIPAA. c. Other Remedies Any remedy other than monetary damages for penalties assessed. d. Compliance Reviews or Audits Any compliance reviews by the Department of Health and Human Services. 3. SECTION V – DEFINITIONS is amended to include the following additional definitions: a. “Civil proceeding” means an action by the Department of Health and Human Services (HHS) arising out of “violations.” b. “Investigation” means an examination of an actual or alleged “violation(s)” by HHS. However, “investigation” does not include a Compliance Review. c. “Violation” means the actual or alleged failure to comply with the regulations included in the HIPAA. PI-GLD-HS (10/11) Page 5 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company G. Medical Payments – Limit Increased to $20,000, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of SECTION III - LIMITS OF INSURANCE to the greater of: a. $20,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. SECTION I – COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, a. (3) (b) is deleted in its entirety and replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident. H. Athletic Activities SECTION I – COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities is deleted in its entirety and replaced with the following: e. Athletic Activities To a person injured while taking part in athletics. I. Supplementary Payments SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGE A AND B are amended as follows: 1. b. is deleted in its entirety and replaced by the following: 1. b. Up to $5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these. 1.d. is deleted in its entirety and replaced by the following: 1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work. J. Employee Indemnification Defense Coverage SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS – COVERAGES A AND B the following is added: We will pay, on your behalf, defense costs incurred by an “employee” in a criminal proceeding occurring in the course of employment. The most we will pay for any “employee” who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the numbers of “employees,” claims or “suits” brought or persons or organizations making claims or bringing “suits. PI-GLD-HS (10/11) Page 6 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company K. Key and Lock Replacement – Janitorial Services Client Coverage SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS – COVERAGES A AND B is amended to include the following: We will pay for the cost to replace keys and locks at the “clients” premises due to theft or other loss to keys entrusted to you by your “client,” up to a $10,000 limit per occurrence and $10,000 policy aggregate. We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that you or any of your partners, members, officers, “employees”, “managers”, directors, trustees, authorized representatives or any one to whom you entrust the keys of a “client” for any purpose commit, whether acting alone or in collusion with other persons. The following, when used on this coverage, are defined as follows: a. "Client" means an individual, company or organization with whom you have a written contract or work order for your services for a described premises and have billed for your services. b. "Employee" means: (1) Any natural person: (a) While in your service or for 30 days after termination of service; (b) Who you compensate directly by salary, wages or commissions; and (c) Who you have the right to direct and control while performing services for you; or (2) Any natural person who is furnished temporarily to you: (a) To substitute for a permanent "employee" as defined in Paragraph (1) above, who is on leave; or (b) To meet seasonal or short-term workload conditions; while that person is subject to your direction and control and performing services for you. (3) "Employee" does not mean: (a) Any agent, broker, person leased to you by a labor leasing firm, 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." c. "Manager" means a person serving in a directorial capacity for a limited liability company. L. Additional Insureds SECTION II – WHO IS AN INSURED is amended as follows: 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this PI-GLD-HS (10/11) Page 7 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company Coverage Part, Paragraph 3.a. is deleted in its entirely and replaced by the following: a. Coverage under this provision is afforded until the end of the policy period. 2. Each of the following is also an insured: a. Medical Directors and Administrators – Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient. b. Managers and Supervisors – Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your “employees” are also insureds for “bodily injury” to a co - “employee” while in the course of his or her employment by you or performing duties related to the conduct of your business. This provision does not change Item 2.a.(1)(a) as it applies to managers of a limited liability company. c. Broadened Named Insured – Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. d. Funding Source – Any person or organization with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. e. Home Care Providers – At the first Named Insured's option, any person or organization under your direct supervision and control while providing for you private home respite or foster home care for the developmentally disabled. f. Managers, Landlords, or Lessors of Premises – Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: This insurance does not apply to: (1) Any “occurrence” which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. g. Lessor of Leased Equipment – Automatic Status When Required in Lease Agreement With You – Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or PI-GLD-HS (10/11) Page 8 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company organization is an insured 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. A person’s or organization’s status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. 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. h. Grantors of Permits – Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. i. Vendors – Only with respect to “bodily injury” or “property damage” arising out of “your products” which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; PI-GLD-HS (10/11) Page 9 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub-paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing. j. Franchisor – Any person or organization with respect to their liability as the grantor of a franchise to you. k. As Required by Contract – Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for "bodily injury," "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations l. Owners, Lessees or Contractors – Any person or organization, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured when required by a contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. PI-GLD-HS (10/11) Page 10 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company m. State or Political Subdivisions – Any state or political subdivision as required, subject to the following provisions: (1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract. (2) This insurance does not apply to: (a) "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) "Bodily injury" or "property damage" included within the "products-completed operations hazard." M. Duties in the Event of Occurrence, Claim or Suit SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. is amended as follows: a. is amended to include: This condition applies only when the “occurrence” or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. b. is amended to include: This condition will not be considered breached unless the breach occurs after such claim or “suit” is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. N. Unintentional Failure To Disclose Hazards SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include the following: It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. O. Transfer of Rights of Recovery Against Others To Us SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of PI-GLD-HS (10/11) Page 11 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company Recovery Against Others To Us is deleted in its entirety and replaced by the following: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. Therefore, the insured can waive the insurer’s rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. P. Liberalization SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. Q. Bodily Injury – Mental Anguish SECTION V – DEFINITIONS, Paragraph 3. Is deleted in its entirety and replaced by the following: “Bodily injury” means: a. Bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time. R. Personal and Advertising Injury – Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of “personal and advertising injury” is amended as follows: 1. SECTION V – DEFINITIONS, Paragraph 14.b. is deleted in its entirety and replaced by the following: b. Malicious prosecution or abuse of process; 2. SECTION V – DEFINITIONS, Paragraph 14. is amended by adding the following: Discrimination based on race, color, religion, sex, age or national origin, except when: a. Done intentionally by or at the direction of, or with the knowledge or consent of: (1) Any insured; or (2) Any executive officer, director, stockholder, partner or member of the insured; b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; PI-GLD-HS (10/11) Page 12 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling. The above does not apply to fines or penalties imposed because of discrimination. Policy Number: PHUB863436-018 PI-CXL-001 (03/14) Page 1 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. COMMERCIAL UMBRELLA LIABILITY INSURANCE POLICY This policy has been issued in reliance upon the statement in the Declarations made a part hereof and in the application submitted for this insurance. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations and any other person qualifying as a Named Insured under this policy. The words "we," "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under SECTION II – WHO IS AN INSURED. Other words and phrases in this policy that appear in quotation marks have special meaning. Refer to SECTION V – DEFINITIONS. SECTION I – COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement We will pay on behalf of the insured the "ultimate net loss" in excess of the "applicable underlying limit,” whether or not collectible, which the insured becomes legally obligated to pay as damages because of "bodily injury," "property damage" or “personal and advertising injury” to which this insurance applies. Bodily Injury and Property Damage a. This insurance applies to “bodily injury” or “property damage” only if: (1) The “bodily injury” or “property damage” arising out of an “occurrence” takes place in the “coverage territory”; (2) The “bodily injury” or “property damage” occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1.a. of SECTION II – WHO IS AN INSURED and no “employee” authorized by you to give or receive notice of an “occurrence” or claim, knew that the “bodily injury” or “property damage” had occurred, in whole or in part. If such a listed insured or authorized “employee” knew, prior to the policy period, that the “bodily injury” or “property damage” occurred, then any continuation, change or resumption of such “bodily injury” or “property damage” during or after the policy period will be deemed to have been known prior to the policy period. b. “Bodily injury” or “property damage which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1.a. of SECTION II – WHO IS AN INSURED or any “employee” authorized by you to give or receive notice of an “occurrence” or claim, includes any continuation, change or resumption of that “bodily injury” or “property damage” after the end of the policy period. c. “Bodily injury” or “property damage” will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1.a. of SECTION II – WHO IS AN INSURED or any “employee” authorized by you to give or receive notice of an “occurrence” PI-CXL-001 (03/14) Page 2 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. or claim: (1) Reports all, or any part, of the “bodily injury” or “property damage” to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the “bodily injury” or “property damage”; or (3) Becomes aware by any other means that “bodily injury” or “property damage” has occurred or has begun to occur. Personal and Advertising Injury This insurance applies to “personal and advertising injury” caused by an offense arising out of your business but only if the offense was committed in the “coverage territory” during the policy period. 2. Defense of Claims or Suits and Supplementary Payments a. We will have the right and duty to defend the insured against any "suit" seeking damages which are payable under COVERAGES A or B including damages wholly or partly within the "retained limit," but which are not payable by a policy of "underlying insurance," or any other available insurance because: (1) Such damages are not covered; or (2) The "underlying insurance" has been exhausted by the payment of claims. Damages because of “bodily injury” include damages claimed by any person or organization for care, loss of services or death resulting at any time from the “bodily injury.” b. We may investigate and settle any claim or "suit" in a. above at our discretion. c. Our right and duty in a. above ends when we have used up the “applicable limit of insurance" in the payment of judgments or settlements. d. We will pay, with respect to any claims or "suits" we defend in a. above: (1) All expense we incur. (2) Up to $2000 for cost of bail bonds (including bonds for related traffic violations) required because of an “occurrence” we cover. We do not have to furnish these bonds. (3) The premium for appeal bonds and bonds to release attachments, but only for bond amounts within the "applicable limit of insurance." We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit," including actual loss of earnings up to $250 a day because of time off from work. (5) All court costs taxed against the insured in the "suit." However, these payments do not include attorneys’ fees or attorneys’ expenses taxed against the insured. (6) Prejudgment interest awarded against the insured on that part of the judgment we pay. If PI-CXL-001 (03/14) Page 3 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. we make an offer to pay the "applicable limit of insurance," we will not pay any prejudgment interest based on that period of time after the offer. (7) All interest on the full amount of any judgment that accrues after entry of the judgment and before we have: (a) Paid, or offered to pay; or (b) Deposited in court; The part of the judgment that is within the "applicable limit of insurance." These payments will not reduce the limits of insurance. e. We will have no duty to defend the insured against any claim or "suit" that any other insurer has a duty to defend. If we elect to join in the defense of such claims or "suits," we will pay all expenses we incur, but we will not contribute to the expenses of the insured or the “underlying insurer.” f. If we defend an insured against a “suit” and an indemnitee of the insured is also named as a party to the “suit,” we will defend that indemnitee if all of the following conditions are met: (1) The “suit” against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an “insured contract”; (2) This insurance applies to such liability assumed by the insured; (3) The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same “insured contract”; (4) The allegations in the “suit” and the information we know about the “occurrence” are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; (5) The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such “suit” and agree that we can assign the same counsel to defend the insured and the indemnitee; and (6) The indemnitee: (a) Agrees in writing to: (i) Cooperate with us in the investigation, settlement or defense of the “suit”; (ii) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the “suit”; (iii) Notify any other insurer whose coverage is available to the indemnitee; and (iv) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (b) Provides us with written authorization to: (i) Obtain records and other information related to the “suit”; and PI-CXL-001 (03/14) Page 4 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. (ii) Conduct and control the defense of the indemnitee in such “suit.” So long as the above conditions are met, attorneys’ fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 3. Exclusions, f.(2) below, such payments will not be deemed to be damages for “bodily injury” and “property damage” and will not reduce the limits of insurance. Our obligation to defend an insured’s indemnitee and to pay for attorneys’ fees and necessary litigation expenses as Supplementary Payments ends when we have used up the “applicable limit of insurance” in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f.(6) above. 3. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or “property damage” resulting from the use of reasonable force to protect persons or property. b. Workers Compensation and Similar Laws Any obligation of the insured under a workers’ compensation, disability benefits or unemployment compensation law or any similar law. c. Employment Related Practices "Bodily injury" or “personal and advertising injury” to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person’s employment; or (c) Employment related practices, policies, acts or omissions such as discrimination, criticism, self-defamation, coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or malicious prosecution directed at that person (2) The spouse, child, parent, brother or sister of that person as a consequence of “bodily injury” or “personal and advertising injury” to that person at whom any of the employment- related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the injury-causing event described in Paragraphs (a), (b) or (c) above occurs before, during or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and PI-CXL-001 (03/14) Page 5 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. (3) To any obligation to share damages with or to repay someone else who must pay damages because of the injury. d. War “Bodily injury,” “property damage” or “personal and advertising injury” however caused arising, directly or indirectly out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Rebellion, revolution, insurrection, usurped power or action taken by governmental authority in hindering or defending against any of these. e. E.R.I.S.A. Any obligation of the insured under the Employees’ Retirement Income Security Act (E.R.I.S.A.) and any amendments thereto or any similar federal, state, or local statute. f. Contractual Liability "Bodily injury" or “property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an “insured contract,” provided the “bodily injury” or “property damage” occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an “insured contract,” reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of “bodily injury” or “property damage,” provided: (a) Liability to such party for, or for the cost of, that party’s defense has also been assumed in the same “insured contract”; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. g. Aircraft or Watercraft "Bodily injury" or “property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft or watercraft owned, or operated by; or rented or loaned to any insured. Use includes operation and “loading or unloading.” This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured. This exclusion does not apply to: PI-CXL-001 (03/14) Page 6 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. (1) Watercraft while ashore on premises you own or rent; (2) Watercraft you do not own that is: (a) Less than 50 feet long; and (b) Not being used to carry persons or property for a charge. (3) Liability assumed under any “insured contract” for the ownership, maintenance or use of aircraft or watercraft. (4) The extent that valid “underlying insurance” for the aircraft or watercraft liability risks described above exists or would have existed but for the exhaustion of underlying limits for “bodily injury” or “property damage.” Coverage provided will follow the provisions, exclusions and limitations of the “underlying insurance” unless otherwise directed by this insurance; or (5) Aircraft that is: (a) Chartered by, loaned to, or hired by you with paid crew; and (b) Not owned by any insured. h. Auto Coverages (1) “Bodily injury” or “property damage” arising out of the ownership, maintenance or use of any “auto” which is not an “auto” covered by “underlying insurance”; or (2) Any loss, cost or expense payable under or resulting from any first party physical damage coverage; no-fault law; personal injury protection or auto medical payment coverage; or uninsured or underinsured motorist law. In addition, any other auto liability exclusions contained in the applicable “underlying insurance” shown in the Schedule of Underlying shall apply. i. Other Personal and Advertising Injury Exclusions “Personal and advertising injury": (1) Knowing Violation of Rights of Another Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict “personal and advertising injury.” (2) Material Published with Knowledge of Falsity Arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity. (3) Material Published Prior to Policy Period Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. All "personal and advertising injury" arising out of publication of the same or similar material subsequent to the beginning of the policy period is also excluded. PI-CXL-001 (03/14) Page 7 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. (4) Criminal Acts Arising out of a criminal act committed by or at the direction of the insured. (5) Contractual Liability For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of a contract or agreement. (6) Breach of Contract Arising out of a breach of contract, except an implied contract to use another’s advertising idea in your “advertisement.” (7) Quality or Performance of Goods – Failure to Conform to Statements Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your “advertisement.” (8) Wrong Description of Prices Arising out of the wrong description of the price of goods, products or services stated in your “advertisement.” (9) Infringement of Copyright, Patent, Trademark or Trade Secret Arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another’s advertising idea in your “advertisement.” However, this exclusion does not apply to infringement in your “advertisement” of copyright, trade dress or slogan. (10) Insureds in Media and Internet Type Businesses Committed by an insured whose business is: (a) Advertising, broadcasting, publishing or telecasting; (b) Designing or determining content of websites for others; or (c) An internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 16. a., b. and c. under SECTION V – DEFINITIONS. For the purpose of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. (11) Electronic Chatrooms or Bulletin Boards Arising out of an electronic chatroom or bulletin board the insured hosts, owns or over PI-CXL-001 (03/14) Page 8 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. which the insured exercises control. (12) Unauthorized Use of Another’s Name or Product Arising out of the unauthorized use of another’s name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another’s potential customers. j. Damage to Property "Property damage" to property: (1) You own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another’s property; (2) Premises you sell, give away or abandon, if the “property damage” arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of an insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the “property damage” arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because “your work” was incorrectly performed on it. Paragraph (2) of this exclusion does not apply if the premises are “your work” and were never occupied, rented or held for rental by you. Paragraphs (1), (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to “property damage” included in the “products-completed operations hazard.” k. Damage to Your Product "Property damage" to "your product" arising out of it or any part of it. l. Damage to Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products-completed operations hazard." This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage to Impaired Property or Property Not Physically Injured “Property damage" to "impaired property" or property that has not been physically injured, arising out of: PI-CXL-001 (03/14) Page 9 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. n. Recall of Products, Work or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Pollution (1) "Bodily injury," “property damage" or “personal and advertising injury” arising out of the actual alleged or threatened discharge, dispersal, seepage, migration, release or escape of “pollutants”: (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) “Bodily injury” if sustained within a building and caused by smoke, fume, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building’s occupants or their guests; (ii) “Bodily injury” or “property damage” for which you may be held liable if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii) “Bodily injury” or “property damage” arising out of heat, smoke or fumes from a “hostile fire”; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or PI-CXL-001 (03/14) Page 10 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured’s behalf are performing operations if the “pollutants” are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (i) “Bodily injury” or “property damage” arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of “mobile equipment” or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the “bodily injury” or “property damage” arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as a part of the operations being performed by such insured, contractor or subcontractor; (ii) “Bodily injury” or “property damage” sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) “Bodily injury” or “property damage” arising out of heat, smoke or fumes from a “hostile fire.” (e) At or from any premises, site or location on which any insured or any contractor or subcontractor working directly or indirectly on any insured’s behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, “pollutants.” (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, “pollutants”; or (b) Claim or “suit” by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, “pollutants.” However, this paragraph does not apply to liability for damages because of “property damage” that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or “suit” by or on behalf of a governmental authority. As used in this exclusion, “hostile fire” means one which becomes uncontrollable or breaks out from where it was intended to be. PI-CXL-001 (03/14) Page 11 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. p. Discrimination Any liability arising from discrimination: (1) Suffered or allegedly suffered by any person based upon, but not limited to, color, creed, gender, race, national origin, age, handicap, illness, religion or sexual preference; or (2) Due to unfair trade practices. q. Asbestos "Bodily injury,” "property damage" or “personal and advertising injury” arising out of the "asbestos hazard." We shall have no obligation under this policy: (1) To investigate, settle or defend any claim or “suit” against any insured alleging actual or threatened injury or damage of any nature or kind to persons or property which arises out of or would not have occurred but for the "asbestos hazard"; or (2) To pay, contribute to, or indemnify another for any damages, judgments, settlements, loss, costs or expenses that may be awarded or incurred by reason of any such claim or “suit” or any injury or damage, or in complying with any action authorized by law and relating to such injury or damage. As used in this exclusion: “Asbestos hazard” means: (a) An actual exposure or threat of exposure to the harmful properties of "asbestos"; or (b) The presence of "asbestos" in any place, whether or not within a building or structure. "Asbestos” means the mineral in any form, including but not limited to fibers or dust. r. Nuclear Energy Liability Under any Liability Coverage, to “bodily injury” or “property damage”: (1) With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under such policy but for its termination upon exhaustion of its limit of liability; (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the insured is, or had this policy not been issued, would be entitled to indemnity from the United States of America, or any agency thereof, with any person or organization; or (3) Resulting from the "hazardous properties" of "nuclear material", if: (a) The "nuclear material" PI-CXL-001 (03/14) Page 12 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. (i) Is at any "nuclear facility" owned by, or operated by or on behalf of an insured; or (ii) Has been discharged or dispersed therefrom; (b) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an insured; or (c) The “bodily injury” or “property damage” arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility," but if such facility is located within the United States of America, its territories or possessions or Canada, this Exclusion (c) applies only to “property damage” to such "nuclear facility” and any property threat. As used in this exclusion: "Hazardous properties" include radioactive, toxic or explosive properties. “Nuclear material” means “source material,” “special nuclear material,” or “by-product material.” "Source material," "special nuclear material," and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor." "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its “source material” content; and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of “nuclear facility.” "Nuclear facility" means: (a) Any "nuclear reactor"; (b) Any equipment or device designed or used for (i) separating the isotopes of uranium or plutonium; (ii) processing or utilizing "spent fuel"; or (iii) handling, processing or packaging "waste"; (c) Any equipment or device used for processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a PI-CXL-001 (03/14) Page 13 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. self-supporting chain reaction or to contain a critical mass of fissionable material. “Property damage” includes all forms of radioactive contamination of property. s. Liquor Liability “Bodily injury” or “property damage” for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. t. Trade or Economic Sanctions 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. u. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access or inability to manipulate electronic data. As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. This exclusion does not apply if valid “underlying insurance” for the electronic data risks described above exists or would have existed but for the exhaustion of underlying limits for “bodily injury” and “property damage.” Coverage provided will follow the provisions, exclusions and limitations of the “underlying insurance,” unless otherwise directed by this insurance. v. Distribution of Material in Violation of Statutes “Bodily injury” or “property damage” arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of materials or information. SECTION II – WHO IS AN INSURED PI-CXL-001 (03/14) Page 14 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your “executive officers” and directors are insured, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Any subsidiary you wholly own, either directly or indirectly, at the inception of our policy. 3. Each of the following is also an insured: a. With respect to the "auto hazard": (1) Anyone using an "auto” you own, hire or borrow including any person or organization legally responsible for such use provided it is with your permission; and (2) Any of your “executive officers,” directors, partners, “employees” or stockholders, operating an "auto" you do not own, hire or borrow while it is being used in your business. None of the following is an insured under (1) or (2) above: (a) Any person employed by or engaged in the duties of an auto sales agency, repair shop, service station, storage garage or public parking place that you do not operate. (b) The owner or lessee of any "auto” hired by or for you or loaned to you and any agent or employee of such lessee. b. With respect to aircraft: Anyone using an aircraft chartered with crew by you or on your behalf and anyone legally responsible for its use except: (1) The owner or crew of the aircraft or any person operating such aircraft; (2) Any manufacturer of the aircraft or any of its parts; (3) Any sales, service or repair company; (4) Any airport or hangar operator; or any “employee” of (2), (3) or (4). c. Except with respect to aircraft and the "auto hazard": PI-CXL-001 (03/14) Page 15 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. (1) Your “volunteer workers” only while performing duties related to the conduct of your business, or your “employees,” other than either your “executive officers” (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these “employees” or “volunteer workers” are insureds for: (a) “Bodily injury” or “personal and advertising injury”: (i) To you, to your partners or members (if you are a partnership or joint venture), to a co-“employee” while in the course of his or her employment or performing duties related to the conduct of your business, or to your other “volunteer workers” while performing duties related to the conduct of your business unless insurance for such liability is afforded by the “underlying insurance”; (ii) To the spouse, child, parent, brother or sister of that co-“employee” or “volunteer worker” as a consequence of Paragraph (a)(i) above; (iii) For which there is any obligation to share damage with or repay someone else who must pay damages because of the injury described in Paragraphs (a)(i) or (ii) above; or (iv) Arising out of his or her providing or failing to provide professional health care services. (b) “Property damage” to property: (i) Owned, occupied or used by; (ii) Rented to, in the care custody or control of, or over which physical control is being exercised for any purpose by you, any of your “employees,” “volunteer workers,” any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). (2) Any person (other than your “employee” or “volunteer worker”), or any organization while acting as your real estate manager. (3) Any person or organization having proper temporary custody of your property if you die, but only: (a) With respect to liability arising out of the maintenance or use of that property; and (b) Until your legal representative has been appointed. (4) 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 insurance. d. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured. However: (1) Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; PI-CXL-001 (03/14) Page 16 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. (2) Coverage A does not apply to “bodily injury" or "property damage" that occurred before you acquired or formed the organization; and (3) Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. e. Any person or organization for whom you agreed in writing to provide this insurance for operations you perform or facilities you own or use. This insurance is subject to your "applicable underlying limits" for such operations or facilities. f. Any other person or organization insured under any policy of the "underlying insurance." This grant is subject to all the limitations upon coverage under such policy other than the limits of the “underlying insurers” liability. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III – LIMITS OF INSURANCE 1. The limits of insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought, or number of vehicles involved; or (c) Persons or organizations making claims or bringing "suits." 2. The Products-Completed Operations Aggregate Limit is the most we will pay for the sum of all “ultimate net loss” because of “bodily injury” and “property damage” included in the "products - completed operations hazard." 3. The General Aggregate Limit is the most we will pay for the sum of all “ultimate net loss” under Coverage A and Coverage B except: (a) Damages because of “bodily injury” and “property damage” included in the "products- completed operations hazard"; and (b) Damages because of “bodily injury” and “property damage” included in the "auto hazard." 4. Subject to 3. above, the most we will pay under Coverage B for the sum of all “ultimate net loss” because of all "personal and advertising injury" sustained by any one person or organization shall be an amount equal to the Each Occurrence Limit. 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of all “ultimate net loss” under Coverage A because of all "bodily injury" and "property damage" arising out of any one "occurrence." 6. If there is “underlying insurance” with a policy period that is non-concurrent with the policy period of this Commercial Umbrella Liability policy, the “applicable underlying limit” will only be reduced or exhausted by payments for: PI-CXL-001 (03/14) Page 17 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. a. “Bodily injury” or “property damage” which occurs during the policy period of this policy. b. “Personal and advertising injury” for offenses that are committed during the policy period of this policy. However, if any “underlying insurance” is written on a claims-made basis, the “applicable underlying limit” will only be reduced or exhausted by claims for that insurance that are made during the policy period, or any Extended Reporting Period, of this policy. To determine the Limit of Insurance, all "bodily injury" and "property damage" arising out of continuous or repeated exposure to the same general conditions shall be considered one “occurrence." The limits of insurance apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV – CONDITIONS 1. Appeals If the insured or the "underlying insurer" elects not to appeal a judgment in excess of the “applicable underlying limit,” we may elect to make such appeal, at our cost and expense. If we so elect, we shall be liable in addition to the "applicable limit of insurance" for the: (a) Taxable costs; (b) Disbursements; and (c) Additional interest incidental to such appeal; but in no event will we be liable for damages in excess of the applicable aggregate Limit of Insurance. If a judgment is rendered in excess of the limits of “underlying insurance” and we offer to pay our full share of such judgment, but you or your “underlying insurers” elect to appeal it, you, your “underlying insurers” or both will bear: (1) The cost and duty of obtaining any appeal bond; (2) The taxable costs, disbursements and additional interest incidental to such appeal; and (3) Any increase in damages over the amount the matter could have been settled for after the verdict was entered and before the appeal was filed. 2. Bankruptcy a. Bankruptcy of Insured Bankruptcy or insolvency of the insured or the insured's estate will not relieve us of our obligations under this insurance. PI-CXL-001 (03/14) Page 18 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. b. Bankruptcy of Underlying Insurer Bankruptcy of the “underlying insurer” will not relieve us of our obligations under this insurance. However, this insurance will not replace the “underlying insurance” in the event of bankruptcy or insolvency of the “underlying insurer.” This insurance will apply as if the “underlying insurance” were in full effect. 3. Cancellation a. The first Named Insured may cancel this insurance by mailing or delivering to us in advance, written notice of cancellation. b. We may cancel this insurance by mailing or delivering to the first Named Insured written notice of cancellation at least: (1) 10 days before the effective date of cancellation if we cancel for non-payment of premium; or (2) 30 days before the effective date of cancellation if we cancel for any other reason. c. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this policy is cancelled, we will send you any premium refund due. If we cancel, the refund will be pro rata. If you cancel, the refund will be pro rata, less 10% of the pro rata unearned premium. The cancellation will be effective even if we have not made or offered refund. f. If notice is mailed, proof of mailing will be sufficient proof of notice. 4. Changes This policy contains all the agreements between you and us concerning the insurance afforded. No change can be made in the terms of this insurance except with our consent. The terms of this insurance can be amended or waived only by endorsement issued by us and made a part of this insurance. 5. Duties in the Event of Occurrence or Offense, Claim or Suit a. You must see to it that we are notified as soon as practicable of any "occurrence" or any offense which may result in a claim under this insurance when the occurrence or offense is known to: (1) You, if you are an individual; (2) Your partner, if you are a partnership; (3) Your member, if you are a joint venture; (4) Your member or manager, if you are a limited liability company; or PI-CXL-001 (03/14) Page 19 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. (5) Your officer or insurance manager, if you are an organization other than a partnership, joint venture or limited liability company. b. Notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence." c. If a claim or "suit" is brought against any insured which may result in a claim against this insurance, you must see to it that we receive prompt written notice of the claim or "suit." d. The insured must: (1) Cooperate with the "underlying insurers"; (2) Comply with the terms of the "underlying insurance"; (3) Pursue all rights of contribution or indemnity against any person or organization who may be liable to the insured because of "bodily injury," "property damage", or "personal and advertising injury" with respect to which insurance is provided under this or any policy of "underlying insurance." (4) When we believe that a claim may exceed the "underlying insurance," we may join with the insured and the "underlying insurer" in the investigation, settlement and defense of all claims and "suits” in connection with such "occurrence" or offense. In such event, the insured must cooperate with us. 6. Examination of your Books and Records We may examine and audit your books and records as they relate to this insurance: a. At any time during the policy period; b. Up to three years afterward; or c. Within one year after final settlement of all claims under this insurance. 7. Inspection and Surveys We have the right but are not obligated to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that conditions: PI-CXL-001 (03/14) Page 20 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. (1) Are safe or healthful; or (2) Comply with laws, regulations, codes or standards. 8. Legal Action Against Us No person or organization has a right under this insurance: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this insurance unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial. We will not be liable for damages that: (1) Are not payable under the terms of this insurance; or (2) Are in excess of the "applicable limit of insurance." An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant’s legal representative. 9. Maintenance of / Changes to Underlying Insurance The “underlying insurance” listed in the Schedule of Underlying Insurance in the Declarations shall remain in full effect throughout the policy period except for reduction of the aggregate limit due to payment of claims, settlements or judgments. Failure to maintain “underlying insurance” will not invalidate this insurance. However, this insurance will apply as if the “underlying insurance” were in full effect. If there is an increase in the scope of coverage of any “underlying insurance” during the term of this policy, our liability will be no more than it would have been if there had been no such increase. You must notify us as soon as practicable when any “underlying insurance” is no longer in effect or if the limits or scope of coverage of any “underlying insurance” is changed. 10. Other Insurance a. This insurance is excess over, and shall not contribute with any of the other insurance whether primary, excess, contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this policy. When this insurance is excess, we will have no duty under this policy 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. b. When this insurance is excess over other insurance, we will pay only our share of the “ultimate net loss” that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and PI-CXL-001 (03/14) Page 21 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. (2) The total of all deductible and self-insured amounts under all that other insurance. 11. Transfer of Rights of Recovery Against Others to Us a. If any insured has rights to recover from any other person or organization all or part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring “suit” or transfer those rights to us and help us enforce them. b. Any such recovery shall be applied as follows: (1) First, any person or organization (including the insured) that has paid an amount in excess of the applicable limits of insurance of this policy will be reimbursed for the actual excess amount paid under this policy; (2) Then, we will be reimbursed up to the amount we have paid; and (3) Last, any insured or issuer of scheduled “underlying insurance” is entitled to claim the remainder, up to the amount that insured or issuer of scheduled “underlying insurance” has paid. c. Expenses incurred in the exercise of such rights of recovery shall be apportioned among such persons or organizations, including the insured, in the same ratio as their respective recoveries are finally shared. 12. Premium a. The first Named Insured has primary responsibility for the payment of all premiums and will be the payee for any return premiums. b. If the premium is a flat charge, it is not subject to adjustment except as provided in d. below. c. If the premium is other than a flat charge, it is an advance premium only. The earned premium will be computed at the end of each year in which this insurance is in force at the rate shown in the Declarations, subject to the Minimum Annual Premium. d. Additional premium may become payable when coverage is provided for additional insureds; and Named Insureds under the provisions of SECTION II – WHO IS AN INSURED, Items 3. d., e., and f. 13. Premium Audit a. You must keep record of the information we need for premium computation and send us copies at such times as we may request; b. At the close of each audit period we will compute the earned premium for that period; and c. Audit premiums are due and payable on notice to you. 14. Representations or Fraud By accepting this insurance, you agree: a. The statements in the Declarations and any subsequent notice relating to "underlying PI-CXL-001 (03/14) Page 22 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. insurance" are accurate and complete; b. Those statements are based upon representations you made to us; c. We have issued this insurance in reliance upon your representations; and d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. 15. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned to you in this insurance, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 16. Transfer of your Rights and Duties Under this Insurance Your rights and duties under this insurance may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die, your rights and duties will be transferred to: a. Your legal representative but only while acting within the scope of duties as your legal representative. b. Anyone having your rights and duties but only with respect to that property, until your legal representative is appointed. 17. When Loss is Payable Coverage under this policy will not apply until the insured, or the insured’s “underlying insurer” has paid or is obligated to pay the full amount of the “applicable underlying limit.” When the amount of damages is determined by an agreed settlement or on a final judgment against an insured obtained after an actual trial, we will promptly pay on behalf of the insured the amount of damages covered under the terms of this policy. The first Named Insured will promptly reimburse us for any amount within the “retained limit.” 18. Transfer of Defense When the underlying limits of insurance have been used up in the payment of judgments or settlements, the duty to defend will be transferred to us. We will cooperate in the transfer of control to us of outstanding claims or “suits” seeking damages to which this insurance applies which would have been covered by the “underlying insurance” had the applicable limit not been used up. SECTION V – DEFINITIONS 1. “Advertisement” means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purpose of this definition: PI-CXL-001 (03/14) Page 23 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. a. Notices that are published include material placed on the internet or on similar electronic means of communication. b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Applicable limit of insurance" means the maximum amount we will pay as damages in accordance with SECTION III – LIMITS OF INSURANCE. 3. "Applicable underlying limit" means: a. If the policies of "underlying insurance" apply to the "occurrence" or offense, the greater of: (1) The amount of insurance stated in the policies of "underlying insurance" in the Declarations or any other available insurance less the amount by which any aggregate limit so stated has been reduced solely due to payment of claims; or (2) The "retained limit" shown in the Declarations; or b. If the policies of "underlying insurance" do not apply to the "occurrence" or offense, the amount stated in the Declarations as the "retained limit." The limits of insurance in any policy of "underlying insurance" will apply even if: (a) The "underlying insurer" claims the insured failed to comply with any condition of the policy; or (b) The "underlying insurer" becomes bankrupt or insolvent. 4. "Auto" means: a. A land motor vehicle, trailer or semi-trailer designed for travel on public road, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, “auto” does not include “mobile equipment.” 5. "Auto hazard" means all "bodily injury" and "property damage" for which liability insurance is afforded under the terms of the auto policy of "underlying insurance," other than the limits of insurance of the auto policy of "underlying insurance." 6. "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including death resulting from any of these at any time. 7. "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: PI-CXL-001 (03/14) Page 24 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) “Personal and advertising injury” offenses that take place through the internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in a. above or in a settlement we agree to. 8. “Employee” includes a “leased worker.” “Employee” does not include a “temporary worker.” 9. “Executive officer” means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10. "Impaired property" means tangible property, other than "your product" or "your work," that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract agreement; if such property can be restored to use by: (1) The repair, replacement, adjustment or removal of "your product" or "your work"; or (2) Your fulfilling the terms of the contract or agreement. 11. “Insured contract” means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an “insured contract”; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your “employees,” of any “auto.” However, such contract or agreement shall not be considered an “insured contract” to the extent that it obligates you or any of your “employees” to pay for “property damage” to any “auto” rented or leased by you or any of your “employees.” g. That part of any other contract or agreement pertaining to your business (including an PI-CXL-001 (03/14) Page 25 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for “bodily injury” or “property damage” to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. do not include that part of any contract or agreement: (1) That indemnifies a railroad for “bodily injury” or “property damage” arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; (2) That pertains to the loan, lease or rental of an “auto” to you or any of your “employees,” if the “auto” is loaned, leased or rented with a driver; or (3) That holds a person or organization engaged in the business of transporting property by “auto” for hire harmless for your use of a covered “auto” over a route or territory that person or organization is authorized to serve by public authority. 12. “Leased worker” mans a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. “Leased worker” does not include a “temporary worker.” 13. “Loading or unloading” means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or “auto”; b. While it is in or on an aircraft, watercraft or “auto”; or c. While it is being moved from an aircraft, watercraft or “auto” to the place where it is finally delivered; but “loading or unloading” does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or “auto.” 14. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: PI-CXL-001 (03/14) Page 26 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, “mobile equipment” does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered “autos.” 15. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 16. "Personal and advertising injury" means injury, including consequential "bodily injury," arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; f. The use of another’s advertising idea in your “advertisement; or g. Infringing upon another’s copyright, trade dress or slogan in your “advertisement.” 17. “Pollutants” mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, PI-CXL-001 (03/14) Page 27 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. reconditioned or reclaimed. 18. "Products-completed operations hazard": a. Includes all "bodily injury" and “property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 19. "Property damage" means: (a) Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or (b) Loss of use of tangible property that is not physically injured. All such loss shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 20. "Retained limit" is the amount stated in the Declarations as such. If the policies of "underlying insurance" do not apply to the "occurrence" or offense, the insured shall retain this amount as self-insurance with respect to: (a) "Bodily injury" or "property damage" caused by each "occurrence"; or (b) "Personal and advertising injury" sustained by any one person or organization. PI-CXL-001 (03/14) Page 28 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. The “retained limit” does not apply to “occurrences” or offenses which would have been covered by “underlying insurance” but for the exhaustion of applicable limits. 21. "Suit" means a civil proceeding in which damages because of "bodily injury," "property damage," or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: (a) An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or (b) Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent or the “underlying insurer’s” consent. 22. “Temporary worker” means a person who is furnished to you to substitute for a permanent “employee” on leave or to meet seasonal or short-term workload conditions. 23. “Ultimate net loss" means the total sum, after reduction for recoveries or salvages collectible, that the insured becomes legally obligated to pay as damages by reason of settlement or judgments or any arbitration or other alternate dispute method entered into with our consent or the “underlying insurer’s” consent. 24. "Underlying insurance" means any policies of insurance listed in the Declarations under the Schedule of Underlying Insurance and includes: a. Any renewal or replacement of such policies; and b. Any other insurance available to the insured. 25. "Underlying insurer" means any insurer which provides any policy of insurance listed in the Schedule of Underlying Insurance or any other insurance available to the insured. 26. “Volunteer worker” means a person who is not your “employee,” and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 27. "Your product" means: a. Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (1) You; (2) Others trading under your name; or (3) A person or organization whose business or assets you have acquired; and b. Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. "Your product" includes: (a) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (b) The providing of or failure to provide warnings or instructions. PI-CXL-001 (03/14) Page 29 of 29 Includes copyrighted material of Insurance Services Office, Inc., with permission. "Your product" does not include vending machines or other property rented to or located for the use of others but not sold. 28. "Your work" means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. "Your work" includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, or performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 040306 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 otherwise due on such remuneration. % of the California workers' compensation premium SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER PRIOR TO A LOSS. JOB DESCRIPTION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The infomation below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12-31-24 Policy No. CFl-WK-10000414-02 Insured WEST VALLEY COMMUNITY SERVICES Insurance Company NOVA Casualty Company Endorsement No. Premium$ INCL. Countersigned By _ © 1998 by the Workers' Ccmpensation Insurance Rating Bureau ol California. All rights reserved. From the WCIRB's Csllomla Workers' Corrpnsatlon Insurance Fonns Manual © 1999. IN$U'IB) Policy Number: PHPK2553043-018 PI-GL-005 (07/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Effective Date: 06/01/2014 SCHEDULE Name of Person or Organization (Additional Insured): City of Cupertino, Cupertino City Hall SECTION II – WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for “bodily injury,” “property damage” or “personal and advertising injury” arising out of or relating to your negligence in the performance of “your work” for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization. This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or ”occurrence” we cover for this Additional Insured. The Additional Insured’s limits of insurance do not increase our limits of insurance, as described in SECTION III – LIMITS OF INSURANCE. All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged. Includes copyrighted material of Insurance Services Office, Inc., with its permission. One Bala Plaza, Suite 100, Bala Cynwyd, Pennsylvania 19004 610.617.7900 • Fax 610.617.7940 • PHLY.com 06/02/2025 West Valley Community Services of Santa Clara County Inc 10104 Vista Dr Cupertino, CA 95014-2253 Re: PHPK2553043-018 Dear Valued Customer: Thank you very much for choosing Philadelphia Insurance Companies (PHLY) for your insurance needs. Our A++ (Superior) AM Best financial strength rating is one reason why over 700,000 policyholders have put their trust in us. We invite you to experience The PHLY Difference, which includes: • Exceptional Customer Service • Complimentary & Tailored Risk Management • Best in Class Claims Experience • Industry Leading Coverage • Team PHLY Working for You! We realize you have a choice in insurance companies, and we truly appreciate your business. Welcome to TeamPHLY, and please visit us at PHLY.com to learn more about The PHLY Difference! Sincerely, John W. Glomb, Jr. President & CEO Philadelphia Insurance Companies JWG/sm Philadelphia Consolidated Holding Corp. • Philadelphia Indemnity Insurance Company • Tokio Marine Specialty Insurance Co • Maguire Insurance Agency, Inc. IL P 001 01 04 © ISO Properties, Inc., 2004 Page 1 of 1 IL P 001 01 04 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and listed numerous: Foreign agents; Front organizations; Terrorists; Terrorist organizations; and Narcotics traffickers; as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treas - ury's web site – http//www.treas.gov/ofac. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. IL L 001 02 13 © Insurance Services Office, Inc., 2012 Page 1 of 8 What type of notice is this? (Check and complete all that apply.) Occurrence Offense Claim Date: Date: Date: Time: Time: Was the occurrence or offense previously reported to us? If Yes, provide the claim or reference number if available: Was it previously reported to another insurer? If Yes, provide the name of that insurer and the claim or reference number if available: Yes No Yes No SECTION I – TYPE OF NOTICE IL L 001 02 13 NOTICE OF AN OCCURRENCE, OFFENSE OR CLAIM SECTION II – AGENT OR BROKER INFORMATION Name of Agent or Broker: Address: Daytime Phone No.: Evening Phone No.: E-Mail Address: Fax No.: Agency Code: Agency Subcode: SECTION III – NAMED INSURED AND PERSON TO CONTACT INFORMATION Named Insured: Address: Daytime Phone No.: Evening Phone No.: E-Mail Address: Fax No.: Agency Customer ID: Site or Location Code: Name of Contact (if different from Named Insured): Address: Daytime Phone No.: Evening Phone No.: E-Mail Address: Fax No.: Page 2 of 8 © Insurance Services Office, Inc., 2012 IL L 001 02 13 Insurance Company: Policy No.: Policy Effective Date: Type of Policy: General Liability (GL) Farm Umbrella Other (Describe): Is this a claims-made policy? Policy Expiration Date: Businessowners Commercial Liability Umbrella (CLU) Farm Yes No If Yes, provide the Retroactive Date (enter none, if no date is applicable): SECTION IV – POLICY INFORMATION If the Named Insured is not the owner, provide the owner's Name and Address: Name: Address: Evening Phone No.: The Named Insured is the: Owner Other (Describe): Tenant Contractor Description of the premises or jobsite: Daytime Phone No.: SECTION VI – PREMISES INFORMATION (If Occurrence or Claim is related to premises) Is the occurrence or claim related to completed operations? Yes No SECTION V – OCCURRENCE OR OFFENSE INFORMATION Location of occurrence or offense (include City and State): Description of occurrence or offense: Authorities contacted (if applicable): List all involved insureds: IL L 001 02 13 © Insurance Services Office, Inc., 2012 Page 3 of 8 The Named Insured is a: Manufacturer Other (Describe): Location of product that caused the injury or damage: SECTION VII – PRODUCT INFORMATION (If Occurrence or Claim is related to a product) Retailer Distributor Description of Product (include Type and Model Number if available): Is the product part of a batch? Yes No Is the product a component part of another product? Yes No If Yes, please describe: If the insured is not the manufacturer, provide the manufacturer's Name and Address: Name: Address: Daytime Phone No.: Evening Phone No.: SECTION VIII – PROPERTY DAMAGE CLAIM INFORMATION (If applicable) Name of Owner of Damaged Property: Address: Daytime Phone No.: Evening Phone No.: Description of damaged property (include Type or Model Number if available): Location of damaged property: Estimate amount: $ Time property can be examined: Describe the incident that led to the property damage: Attach additional sheet(s) for multiple claims. Page 4 of 8 © Insurance Services Office, Inc., 2012 IL L 001 02 13 SECTION IX – INJURY CLAIM INFORMATION (If applicable) Name of Injured Person: Address: Daytime Phone No.: Evening Phone No.: Age: Sex: Occupation: Name of Employer: Address of Employer: Description of Injury: If bodily injury was involved, was the injured person seen by medical personnel at the scene of the incident? If not, when? If bodily injury was involved, where was the injured person taken after the incident? Describe the incident that led to the injury, including the injured person's activities when the incident took place: Attach additional sheet(s) for multiple claims. SECTION X – WITNESSES (If applicable) Name: Address: Daytime Phone No.: Evening Phone No.: Name: Address: Daytime Phone No.: Evening Phone No.: Attach additional sheet(s) if necessary. IL L 001 02 13 © Insurance Services Office, Inc., 2012 Page 5 of 8 SECTION XI – INFORMATION ON OTHER INSURANCE (Whose policy may also apply to the claim) Insurance Company: Named Insured: Policy No.: Policy Effective Date: Policy Expiration Date: Type of Policy: General Liability (GL) Businessowners Farm Farm Umbrella Commercial Liability Umbrella (CLU) Other (Describe): Is this a claims-made policy? Yes No If Yes, provide the Retroactive Date (enter none, if no date is applicable): Are you an additional insured on this policy? Yes No $ Each Occurrence (Or Liability And Medical Expense Limit) $ Damage To Premises Rented To You (Any one premises) Limits of $ Medical Expense (Any one person) Insurance: $ Personal And Advertising Injury (Fill in any $ General Aggregate that apply.) $ Products/Completed Operations Aggregate $ Other Attach additional sheet(s) if more than two policies apply to the claim. SECTION XII – ADDITIONAL COMMENTS SECTION XIII – NAMES AND SIGNATURE Name of Person Reporting the Occurrence, Offense or Claim: Name of Company or Agency Person Occurrence, Offense or Claim Is Reported To: Signature of Insured/Agent or Broker: Date: Page 6 of 8 © Insurance Services Office, Inc., 2012 IL L 001 02 13 FRAUD STATEMENT Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. FRAUD STATEMENT TO ALABAMA APPLICANTS Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or who knowingly presents false information in an application for insurance is guilty of a crime and may be subject to restitution, fines or confinement in prison, or any combination thereof. FRAUD STATEMENT TO ARIZONA APPLICANTS For your protection Arizona law requires the following statement to appear on this form. Any person who knowingly presents a false or fraudulent claim for payment of a loss is subject to criminal and civil penalties. FRAUD STATEMENT TO ARKANSAS APPLICANTS Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. FRAUD STATEMENT TO COLORADO APPLICANTS It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. FRAUD STATEMENT TO DISTRICT OF COLUMBIA APPLICANTS WARNING: It is a crime to provide false, or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant. FRAUD STATEMENT TO FLORIDA APPLICANTS Any person who knowingly, and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete or misleading information is guilty of a felony of the third degree. FRAUD STATEMENT TO HAWAII APPLICANTS For your protection, Hawaii law requires you to be informed that any person who presents a fraudulent claim for payment of a loss or benefit is guilty of a crime punishable by fines or imprisonment, or both. FRAUD STATEMENT TO IDAHO APPLICANTS Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete or misleading information is guilty of a felony. FRAUD STATEMENT TO KANSAS APPLICANTS Any person who commits a fraudulent insurance act is guilty of a crime and may be subject to restitution, fines and confinement in prison. A fraudulent insurance act means an act committed by any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer or insurance agent or broker, any written statement as part of, or in support of, an application for insurance, or the rating of an insurance policy, or a claim for payment or other benefit under an insurance policy, which such person knows to contain materially false information concerning any material fact thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto. FRAUD STATEMENT TO KENTUCKY APPLICANTS Any person who knowingly and with intent to defraud any insurance company or other person files a statement of claim containing any materially false information, or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime. IL L 001 02 13 © Insurance Services Office, Inc., 2012 Page 7 of 8 FRAUD STATEMENT TO LOUISIANA APPLICANTS Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. FRAUD STATEMENT TO MAINE APPLICANTS It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines, or a denial of insurance benefits. FRAUD STATEMENT TO MARYLAND APPLICANTS Any person who knowingly or willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. FRAUD STATEMENT TO MINNESOTA APPLICANTS Any person who files a claim with intent to defraud or helps commit a fraud against an insurer is guilty of a crime. FRAUD STATEMENT TO NEW HAMPSHIRE APPLICANTS Any person who, with purpose to injure, defraud or deceive any insurance company, files a statement of claim containing any false, incomplete or misleading information is subject to prosecution and punishment for insurance fraud, as provided in RSA 638:20. FRAUD STATEMENT TO NEW JERSEY APPLICANTS Any person who knowingly files a statement of claim containing any false or misleading information is subject to criminal and civil penalties. FRAUD STATEMENT TO NEW MEXICO APPLICANTS Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to civil fines and criminal penalties. FRAUD STATEMENT TO OHIO APPLICANTS Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. FRAUD STATEMENT TO OKLAHOMA APPLICANTS WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony. FRAUD STATEMENT TO OREGON APPLICANTS Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents materially false information in an application for insurance may be guilty of a crime and may be subject to fines and confinement in prison. In order for us to deny a claim on the basis of misstatements, misrepresentations, omissions or concealments on your part, we must show that: A. The misinformation is material to the content of the policy; B. We relied upon the misinformation; and C. The information was either: 1. Material to the risk assumed by us; or 2. Provided fraudulently. For remedies other than the denial of a claim, misstatements, misrepresentations, omissions or concealments on your part must either be fraudulent or material to our interests. With regard to fire insurance, in order to trigger the right to remedy, material misrepresentations must be willful or intentional. Misstatements, misrepresentations, omissions or concealments on your part are not fraudulent unless they are made with the intent to knowingly defraud. Page 8 of 8 © Insurance Services Office, Inc., 2012 IL L 001 02 13 FRAUD STATEMENT TO PENNSYLVANIA APPLICANTS Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. FRAUD STATEMENT TO TENNESSEE APPLICANTS It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits. FRAUD STATEMENT TO VIRGINIA APPLICANTS It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits. FRAUD STATEMENT TO WASHINGTON APPLICANTS It is a crime to knowingly provide false, incomplete, or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines, and denial of insurance benefits. IL L 002 02 13 © Insurance Services Office, Inc., 2012 Page 1 of 5 PROPERTY – NOTICE OF LOSS IL L 002 02 13 SECTION I – REPORT OF LOSS Was the loss previously reported to us? Yes No If Yes, provide the claim or reference number if available: Was it previously reported to another insurer? Yes No If Yes, provide the name of that insurer and the claim or reference number if available: SECTION II – AGENT OR BROKER INFORMATION Name of Agent or Broker: Address: Daytime Phone No.: Evening Phone No.: E-Mail Address: Fax No.: Agency Code: Agency Subcode: SECTION III – NAMED INSURED AND PERSON TO CONTACT INFORMATION Named Insured: Address: Daytime Phone No.: Evening Phone No.: E-Mail Address: Fax No.: Agency Customer ID: Site or Location Code: Name of Contact (if different from Named Insured): Address: Daytime Phone No.: Evening Phone No.: E-Mail Address: Fax No.: SECTION IV – POLICY INFORMATION Insurance Company: Policy No.: Policy Effective Date: Type of Policy: Policy Expiration Date: Property Other (Describe): Businessowners Flood Wind Page 2 of 5 © Insurance Services Office, Inc., 2012 IL L 002 02 13 SECTION V – LOSS INFORMATION Date and Time of Loss: Location of Loss (Include City and State): Specify the Cause of Loss (Fire, Lightning, Hail, Theft, Wind, etc.): Description of Loss: Authorities Contacted (if applicable): SECTION VI – WITNESSES (if applicable) Name: Address: Daytime Phone No.: Evening Phone No.: Name: Address: Daytime Phone No.: Evening Phone No.: Attach additional sheet(s) if necessary. SECTION VII – INFORMATION ON OTHER INSURANCE (whose policy may also apply to the loss) Insurance Company: Named Insured: Policy No.: Policy Effective Date: Policy Expiration Date: Type of Policy: Property Businessowners Flood Wind Other (Describe): Are you an additional insured on this policy? Yes No Attach additional sheet(s) if more than two policies apply to the claim. IL L 002 02 13 © Insurance Services Office, Inc., 2012 Page 3 of 5 SECTION VIII – ADDITIONAL COMMENTS SECTION IX – NAMES AND SIGNATURE Name of Person Reporting the Loss: Name of Company or Agency Person the Loss Is Reported To: Signature of Insured/Agent or Broker: Date: FRAUD STATEMENT Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. FRAUD STATEMENT TO ALABAMA APPLICANTS Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or who knowingly presents false information in an application for insurance is guilty of a crime and may be subject to restitution, fines or confinement in prison, or any combination thereof. FRAUD STATEMENT TO ARIZONA APPLICANTS For your protection Arizona law requires the following statement to appear on this form. Any person who knowingly presents a false or fraudulent claim for payment of a loss is subject to criminal and civil penalties. FRAUD STATEMENT TO ARKANSAS APPLICANTS Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. FRAUD STATEMENT TO COLORADO APPLICANTS It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. FRAUD STATEMENT TO DISTRICT OF COLUMBIA APPLICANTS WARNING: It is a crime to provide false, or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant. FRAUD STATEMENT TO FLORIDA APPLICANTS Any person who knowingly, and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete or misleading information is guilty of a felony of the third degree. Page 4 of 5 © Insurance Services Office, Inc., 2012 IL L 002 02 13 FRAUD STATEMENT TO HAWAII APPLICANTS For your protection, Hawaii law requires you to be informed that any person who presents a fraudulent claim for payment of a loss or benefit is guilty of a crime punishable by fines or imprisonment, or both. FRAUD STATEMENT TO IDAHO APPLICANTS Any person who knowingly, and with intent to defraud or deceive any insurance company, files a statement of claim containing any false, incomplete or misleading information is guilty of a felony. FRAUD STATEMENT TO KANSAS APPLICANTS Any person who commits a fraudulent insurance act is guilty of a crime and may be subject to restitution, fines and confinement in prison. A fraudulent insurance act means an act committed by any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer or insurance agent or broker, any written statement as part of, or in support of, an application for insurance, or the rating of an insurance policy, or a claim for payment or other benefit under an insurance policy, which such person knows to contain materially false information concerning any material fact thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto. FRAUD STATEMENT TO KENTUCKY APPLICANTS Any person who knowingly and with intent to defraud any insurance company or other person files a statement of claim containing any materially false information, or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime. FRAUD STATEMENT TO LOUISIANA APPLICANTS Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. FRAUD STATEMENT TO MAINE APPLICANTS It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines, or a denial of insurance benefits. FRAUD STATEMENT TO MARYLAND APPLICANTS Any person who knowingly or willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. FRAUD STATEMENT TO MINNESOTA APPLICANTS Any person who files a claim with intent to defraud or helps commit a fraud against an insurer is guilty of a crime. FRAUD STATEMENT TO NEW HAMPSHIRE APPLICANTS Any person who, with purpose to injure, defraud or deceive any insurance company, files a statement of claim containing any false, incomplete or misleading information is subject to prosecution and punishment for insurance fraud, as provided in RSA 638:20. FRAUD STATEMENT TO NEW JERSEY APPLICANTS Any person who knowingly files a statement of claim containing any false or misleading information is subject to criminal and civil penalties. FRAUD STATEMENT TO NEW MEXICO APPLICANTS Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to civil fines and criminal penalties. FRAUD STATEMENT TO OHIO APPLICANTS Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. FRAUD STATEMENT TO OKLAHOMA APPLICANTS WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony. IL L 002 02 13 © Insurance Services Office, Inc., 2012 Page 5 of 5 FRAUD STATEMENT TO OREGON APPLICANTS Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents materially false information in an application for insurance may be guilty of a crime and may be subject to fines and confinement in prison. In order for us to deny a claim on the basis of misstatements, misrepresentations, omissions or concealments on your part, we must show that: A. The misinformation is material to the content of the policy; B. We relied upon the misinformation; and C. The information was either: 1. Material to the risk assumed by us; or 2. Provided fraudulently. For remedies other than the denial of a claim, misstatements, misrepresentations, omissions or concealments on your part must either be fraudulent or material to our interests. With regard to fire insurance, in order to trigger the right to remedy, material misrepresentations must be willful or intentional. Misstatements, misrepresentations, omissions or concealments on your part are not fraudulent unless they are made with the intent to knowingly defraud. FRAUD STATEMENT TO PENNSYLVANIA APPLICANTS Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. FRAUD STATEMENT TO TENNESSEE APPLICANTS It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits. FRAUD STATEMENT TO VIRGINIA APPLICANTS It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits. FRAUD STATEMENT TO WASHINGTON APPLICANTS It is a crime to knowingly provide false, incomplete, or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines, and denial of insurance benefits. CAL FORN A FRAU D STATEM EN T L N 01 8 01 22 For you r protecti on . Cai i forn i a i aw requ i res tre foi i owi n g to appear on tr i s form : An y person wro kn owi n g i y presen ts fai se or frau du i en t i n formati on to obtai n or amen d i n su ran ce coverage or to make a ci ai m for tre paymen t of a i oss i s gu i i ty of a cri me an d may be su b >ect to fi n es an d con fi n emen t i n state pri son . L N 01 8 01 22 © n su ran ce Servi ces Offi ce. n c. . 2021 Page 1 of 1 VISIT My PHLY.COM TO GET STARTED MyPHLY ONLINE PORTAL • Enhanced Self Service Options and Mobile Browsing • View Payment History, Invoices, and Policy Documents • Report and Search Claims • Direct Deposit Commission Payments • Edit User Profile and Contact Information DIRECT CUSTOMER BILLING BENEFITS •Receive invoice direct from PHLY •Go Paperless with e-billing •Never forget a payment with PHLY Recurring Payments •Flexible Payment Plans •Automated Payment Application for faster processing PAYMENT OPTIONS • Online – PHLY.com/MyPHLY • Phone – 877.438.7459, option 1 • Mail – P.O. Box 70251, Philadelphia, PA 19176-0251 ON DEMAND CUSTOMER SERVICE ACCESS • Live Chat - PHLY.com • Phone - 877.438.7459 • Email - service@phly.com • Hours: Monday - Friday 8:30 a.m. - 8:00 p.m. ET 800.873.4552 PHLY.com Philadelphia Insurance Companies is the marketing name for the insurance company subsidiaries of the Philadelphia Consolidate d Holding Corp., a Member of the Tokio Marine Group. Your insurance policy, and not the information contained in this document, forms the contract between you and your insurance company. If the re is a discrepancy or conflict between the information contained herein and your policy, your policy takes precedence. All coverages are not available in all states due to state insurance regulations. Certain coverage(s) may be provided by a surplus lines insurer. Surplus lines insurers do not generally participate in state guaranty funds and insureds are therefore not protected by such funds. | © 2007-2019 Philadelphia Consolidated Holding Corp., All Rights Reserved. CustomerService Exceptional Customer Service • Net Promoter Score among the industry’s best • Voice of the Customer empowers customer feedback • Self Service at MyPHLY.com • Direct Bill with payment plans • Dedicated billing representative TEAMPHLY - working for you! • Marketing/Underwriting/Account Management team advocating on your behalf • Account Stewardship • Giving back to local communities Complimentary & Tailored Risk Management • PHLYTrac GPS Program • SmarterNow Online Learning Management System • Abuse Prevention Systems Program • PHLYSense Temperature/Water Monitoring Program Best in class Claims Experience • 96%+ Customer Satisfaction Rating • Industry and Type-of-Loss Claims Specialists • In-house Recovery and Subrogation • Claim-specific reserving practices Industry Leading coverages • Full Suite of coverages - package, automobile, umbrella, D&O, Cyber, A&H, Environmental, Surety • Industry specific coverage enhancements • Admitted & Non-admitted Hear what our agents are saying about their experience with The PHLY Difference. Learn more: ThePHLYDifference.com 800.873.4552 | PHLY.com Philadelphia Insurance Companies is the marketing name for the insurance company subsidiaries of the Philadelphia Consolidated Holding Corp., a Member of the Tokio Marine Group. Coverage(s) described may not be available in all states and are subject to underwriting and certain coverage(s) may be provided by a surplus lines insurer. Surplus lines insurers do not generally participate in state guaranty funds and insureds are therefore not protected by such funds. | © 2021 Philadelphia Consolidating Holding Corp., All Rights Reserved. Ed. 022321 Welcome to Philadelphia Insurance Companies (PHLY)! As a PHLY customer, your organization now has access to tools and services that can assist in your risk management efforts. Our Risk Management Services (RMS) Consultants can provide in-person assistance, from leading employee safety meetings to providing valuable guidance regarding safety best practices. PHLY also provides various risk management tools and resources at little or no additional cost to your organization. To access these resources, please take a moment to register on our website. If you already have an account on PHLY.com, please log in to access Risk Management Services resources. Risk Management Resources We encourage you to explore the following risk management resources: PHLYTrac: PHLY’s telematics tool providing an online dashboard that tracks location, speeding, hard breaking, and other fleet statistics - PROVIDED AT NO COST TO ELIGIBLE PHLY CUSTOMERS! PHLYTRAC IntelliCorp: Provides a discounted background check package as well as discounted pricing for add-on services, such as Motor Vehicle Reports (MVRs). IntelliCorp The PHLYSense System is a property monitoring tool that uses a sensor to provide immediate alerts to hazardous property conditions, such as low temperature or the presence of moisture. Provided at no cost to our customers with property coverage. PHLYSENSE SmarterNow: PHLY’s no-cost Learning Management System that provides online training, assignment, and reporting capabilities. Trainings include defensive driver, discrimination in the workplace, security awareness, and many more. SMARTERNOW! The PHLYGateway is an online portal that provides a suite of management and professional risk resources including an online training platform, model policies, and a Best Practices Help Line. PHLYGATEWAY Abuse Risk Management Abuse Prevention Training: Access to an online training platform and tailored programming support to improve the safety of organizations that serve vulnerable populations, including children and vulnerable adults. Protecting Vulnerable Populations CONTACT For questions about your organization’s risk management needs and information on PHLY’s Risk Management Services please conta ct PHLYRMS: Phone: 1.833.PHLYRMS (Mon-Fri 8:30 a.m. - 5:00 p.m. ET) E-mail: phlyrms@phly.com Risk Management Services PHLY RMS RESOURCES 833.PHLYRMS |PHLY.com/RMS Philadelphia Insurance Companies is the marketing name for the insurance company subsidiaries of the Philadelphia Consolidated Holding Corp., a Member of the Tokio Marine Group. Coverage(s) described may not be available in all states and are subject to underwriting and certain coverage(s) may be provided by a surplus lines insurer. S urplus lines insurers do not generally participate in state guaranty funds and insureds are therefore not protected by such funds. | © 2024 Philadelphia Consolidating Holding Corp., All Rights Reserved. Ed. 022124 BJP-190-1 (02/21) Page 1 of 2 Philadelphia Indemnity Insurance Company A Stock Company (Nonparticipating) Commercial Lines Policy THIS POLICY CONSISTS OF: – DECLARATIONS – COMMON POLICY CONDITIONS – ONE OR MORE COVERAGE PARTS. A COVERAGE PART CONSISTS OF: • ONE OR MORE COVERAGEFORMS • APPLICABLEFORMS AND ENDORSEMENTS BJP-190-1 (02/21) Page 2 of 2 IN WITNESS WHEREOF, we have caused this policy to be executed and attested, and, if required by state law, this policy shall not be valid unless signed by our authorized representative. President and CEO Secretary IL N 177 09 12 CALIFORNIA PREMIUM REFUND DISCLOSURE NOTICE In accordance with CAL. INS. CODE § 481.(c), we are notifying you that in the event that the first Named Insured cancels the insurance policy, we shall retain 10% of the unearned premium. The premium refunded to you will therefore be calculated as 90% of the pro rata unearned premium. But if cancellation takes place during the first year of a multiyear prepaid policy, we will return 90% of the pro rata unearned premium for the first year and the full annual premium for the subsequent years. If you have an Equipment Breakdown policy or your policy contains an Equipment Breakdown Coverage Part, then the following premium refund calculation applies instead of that provided in the preceding paragraph. For the Equipment Breakdown policy premium or for the premium attributable to the Equipment Breakdown Coverage Part, we shall retain 25% of the unearned premium. The premium refunded to you will therefore be calculated as 75% of the pro rata unearned premium. But if cancellation takes place during the first year of a multiyear prepaid policy, we will return 75% of the pro rata unearned premium for the first year and the full annual premium for the subsequent years. However, the penalties set forth in the preceding paragraphs will not apply under the following circumstances, even if the first Named Insured cancels the policy: 1. The Insured(s) no longer has a financial or insurable interest in the property or business operation that is the subject of insurance; 2. Cancellation takes place after the first year for a prepaid policy written for a term of more than one year; or 3. The policy is rewritten in the same insuring company or company group. IL N 177 09 12 © Insurance Services Office, Inc., 2012 Page 1 of 1 PI-FEES-NOTICE 1 (11/19) NOTICE LATE FEE NON-SUFFICIENT FUNDS FEE REINSTATEMENT FEE Late Fee Please be advised that if your payment is late (payment is not received within five days of the payment due date indicated on the invoice), you will be charged a late fee of $25* (where permitted). Non-Sufficient Funds Fee Please be advised that if your payment is returned for non-sufficient funds, you will be charged a fee of $25** (where permitted). Reinstatement Fee Please be advised that if your policy is cancelled due to non -payment of the premium and we agree to reinstate your policy, you will be charged a reinstatement fee of $50*** (where permitted). These fees are in addition to any premium owed on the policy and each fee can apply more than once during the policy term. *$10 in Florida, Maryland, South Carolina **$15 in Florida and $20 in New York ***$25 in Delaware, Georgia, New Hampshire and New Mexico; and $15 in Kansas and Nebraska PI-FEES-NOTICE 1 (11/19) Page 1 of 1 PP 20 20 (02/20) PP 20 20 (02/20) Page 1 of 2 © Copyright 2020 Tokio Marine Management, Inc. ALL COMMERCIAL LINES PRIVACY NOTICE FOR COMMERCIAL LINES This notice is provided on behalf of Philadelphia Indemnity Insurance Company PURPOSE OF THIS NOTICE When you apply for or become an insured under, the insurance policies we issue, we gather certain non- public information or “NPI” about your business and its employees. We are committed to safeguarding the NPI you entrust to us. The purpose of this notice is, therefore, to let you know how we collect, use, share and protect the NPI you provide to us in those contexts. That means this notice applies only to your business interactions with us involving your application for a quote or as a policy holder. NPI we may collect from you in connection with other interactions, such as when you or your employees visit one of our general interest, publicly accessible websites, is governed by the separate notices and policies we publish on those relevant sites or otherwise provide to you. When we refer in this notice to your “NPI”, we mean non-public information as that term is generally defined and applied under the New York Department of Financial Services’ Cybersecurity Regulation, the Gramm - Leach-Bliley Act and the National Association of Insurance Commissioners’ Data Security Model Law which includes non-public information about your business, such as financial information, account numbers, loss history, personal non-public information of your employees including social security number, address or medical information and any proprietary information we obtain about your business or your customers. Due to a variety of factors, including certain explicit exemptions they contain, this notice and the NPI we collect from you in connection with the above-described business interactions is not governed by the EU General Data Protection Regulation, its related EU and Swiss Privacy Shield or the California Consumer Privacy Act. COLLECTING YOUR NPI In the course of, or as part of a business interaction, we collect your NPI both directly from you, or from the agents, brokers or other intermediaries acting on your or our behalf, as well as from a variety of additional sources including: • the applications or other forms you provide to us (these forms may contain your name, address, social security number, marital status, date of birth, gender, length of employment, prior insurance information, home ownership, residency history, vehicle type, vehicle use, or driving history) • your transactions with us, our other affiliates of the Tokio Marine Group as well as third parties (this information would include, for example, premium payment and claims history) • consumer or independent reporting agencies (for example your motor vehicle report, property inspection report, accident report or claim report) USING YOUR NPI We use your NPI in a variety of ways such as creating and issuing a quote, underwriting or otherwise processing and servicing your insurance policy, handling claims you may have and offering you additional products and services that we think may be of interest to you as well as for related research and analytics purposes. PP 20 20 (02/20) PP 20 20 (02/20) Page 2 of 2 © Copyright 2020 Tokio Marine Management, Inc. SHARING YOUR NPI We do not disclose or share any NPI about our customers or former customers outside of the Tokio Marine Group, except as permitted by law. We do not sell or disclose or share your NPI for third party marketing purposes. We do, however, share your NPI with third parties that we use to service your account or process your insurance policy or your claim, or administer related transactions. These third parties may include: • your agent, broker or producer • independent claims adjusters, investigators, data processors or attorneys • persons or organizations that conduct scientific research, including actuarial or underwriting studies • an insurance support organization or another insurer, to prevent or prosecute fraud or to properly underwrite the risk • another insurer, if you are involved in an accident with their insured • State insurance departments or other governmental or law enforcement authorities, if required by law, to protect our legal interests or in cases of suspected fraud or illegal activities • a court of law We also are required to disclose your NPI if we receive a subpoena, search warrant or other court order. RETAINING YOUR NPI The NPI we collect is kept in your policy and/or claim files for as long as needed in connection with your business interactions with you and, if longer, as required by law. HOW WE PROTECT YOUR NPI We have adopted and implemented a security and privacy program that includes technical, organizational, administrative, and other measures designed to protect, as required by applicable law and in accordance with industry standards, against reasonably anticipated or actual threats to the security of your NPI. Our security program was created by reference to widely recognized standards such as those published by the International Standards Organization and National Institute of Standards and Technology. It includes, among many other things, procedures for assessing the need for, and as appropriate, either employing encryption and multi-factor authentication or using equivalent compensating controls. As part of our security program, we have specific incident response and management procedures that are activated whenever we become aware that your NPI was likely to have been compromised. CHANGES TO THIS NOTICE We may amend this notice from time to time and will inform you of these changes as required by law. QUESTIONS AND CONTACT INFORMATION If you have any questions about this notice or how we collect, use, share and protect your NPI, please contact the Chief Privacy Officer of TMNA Services, LLC, who acts as the privacy and data security administrator for most of the Tokio Marine Group in North America. The Chief Privacy Officer’s contact information is: Attn: Privacy Office TMNA Services, LLC 3 Bala Plaza East, Suite 400 Bala Cynwyd, Pennsylvania 19004 610-227-1300 CPD-PIIC-CW (02/21) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Philadelphia Indemnity Insurance Company A Stock Company (Nonparticipating) COMMON POLICY DECLARATIONS Policy Number: PHPK2553043-018 Named Insured and Mailing Address: Producer: 3666 West Valley Community Services of Santa Clara County Inc 10104 Vista Dr Cupertino, CA 95014-2253 Inszone insurance Services, LLC (Novato) 2721 Citrus Rd Ste A Rancho Cordova, CA 95742 Policy Period From: 06/01/2025 To: 06/01/2026 (415)898-1600 at 12:01 A.M. Standard Time at your mailing address shown above. Business Description: Non Profit Organization IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. Commercial Property Coverage Part PREMIUM Commercial General Liability Coverage Part 7,678.00 Commercial Crime Coverage Part Commercial Inland Marine Coverage Part 1,397.00 Commercial Auto Coverage Part 59,463.08 Businessowners Workers Compensation UltimateCover Property Coverage Part 32,271.00 Employee Benefits 300.00 Professional Liability 2,032.00 Sexual/Physical Abuse 806.00 Cyber Security Liability End 102.00 Total $ 104,049.08 Total Includes Fees and Surcharges (See Schedule Attached) 14.08 Total Includes Federal Terrorism Risk Insurance Act Coverage 343.00 CPD-PIIC-CW (02/21) Includes copyrighted material of Insurance Services Office, Inc., with its permission. FORM (S) AND ENDORSEMENT (S) MADE A PART OF THIS POLICY AT THE TIME OF ISSUE Refer To Forms Schedule *Omitsapplicable Forms and Endorsements if shown in specific Coverage Part/Coverage Form Declarations Secretary President and CEO PI-POL-FORM-SCH (08/20) PI-POL-FORM-SCH (08/20) Page 1 of 1 Philadelphia Indemnity Insurance Company Form Schedule – Policy Policy Number: PHPK2553043-018 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: Form Edition Description BJP-190-1 0221 Commercial Lines Policy Jacket IL N 177 0912 California Premium Refund Disclosure Notice PI-FEES-NOTICE 1 1119 Notice Late/Non-Sufficient Funds/Reinstatement Fee PP2020 0220 Privacy Notice For Commercial Lines CPD-PIIC-CW 0221 Common Policy Declarations PI-LOC-SCH 0820 Location Schedule PI-AI-SCH 0820 Additional Insured Schedule PI-FEE-SCH 0820 Fees and Surcharge Schedule PI-BELL-1 1109 Bell Endorsement PI-CME-1 1009 Crisis Management Enhancement Endorsement IL0017 1198 Common Policy Conditions IL0021 0908 Nuclear Energy Liability Exclusion Endorsement IL0102 0220 California Changes - Actual Cash Value IL0103 0699 California Changes - Actual Cash Value IL0103 0907 California Changes - Actual Cash Value IL0104 0720 California Changes IL0270 0720 California Changes - Cancellation And Nonrenewal IL0952 0115 Cap On Losses From Certified Acts Of Terrorism PI-ACL-001 1218 Absolute Cyber Liability And Electronic Exclusion PI-HS-029 0220 Exclusion - Adoption and Foster Care Operations PI-PROF-002 0620 Absolute Communicable Disease Exclusion - Prof Liab PI-SAM-018 0519 Absolute Abuse or Molestation Exclusion PI-TER-DN1 0121 Disclosure Notice Of Terrorism Ins Coverage Rejection PI-LOC-SCH (08/20) PI-LOC-SCH (08/20) Page 1 of 1 Philadelphia Indemnity Insurance Company Locations Schedule Policy Number: PHPK2553043-018 Prems. No. Bldg. No. Address 0001 0001 10104 Vista Dr Cupertino, CA 95014-2253 0002 0001 10114 Vista Dr Vista Village Apt bldg A Cupertino, CA 95014-2254 0002 0002 10114 Vista Dr Vista Village Apt bldg B Cupertino, CA 95014-2254 0002 0003 10114 Vista Dr Vista Village Apt bldg C Cupertino, CA 95014-2254 0003 0001 10311 Greenwood Ct Cupertino, CA 95014-3352 0004 0001 10321 Greenwood Ct Cupertino, CA 95014-3353 0005 0001 1340 S De Anza Blvd Ste 103 San Jose, CA 95129-4644 PI-AI-SCH (08/20) Philadelphia Indemnity Insurance Company Additional Insured Schedule Policy Number: PHPK2553043-018 PI-AI-SCH (08/20) Page 1 of 7 County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents and employees of the County of Santa Clara, individually and collectively PO Box 257 Portland, OR 97207-0257 CG2026 - General Liability See Manuscript CG2026 City of Cupertino and its directors, officers, engineers, agents & employees and all public agencies from whom permits will be obtained & their directors, officers, engineers, agents & employees 10185 N Stelling Rd Cupertino, CA 95014-5732 CG2026 - General Liability Additional Insured Town of Los Gatos its officers, officials, employees and volunteers PO Box 949 Attn: Town Clerk Los Gatos, CA 95031-0949 General Liability RE: Contract Agreement City of Cupertino its officers, officials, and employees 10300 Torre Ave Attn: Parks & Recreation/Facilities Cupertino, CA 95014-3202 CG2026 - General Liability RE: per contract agreement PI-AI-SCH (08/20) Philadelphia Indemnity Insurance Company Additional Insured Schedule Policy Number: PHPK2553043-018 PI-AI-SCH (08/20) Page 2 of 7 City of San Jose Department of Housing 200 E Santa Clara St Flr 12 San Jose, CA 95113-1903 CG2026 - General Liability RE: Contract Agreement Mid-Peninsula Housing Coalition 3303 Vintage Park Drive #250 Foster City, CA 94404 CG2026 - General Liability RE:Food delivery services@Le Beaulieu Apts CG2027 - General Liability Cupertino Union School District 10301 Vista Dr Cupertino, CA 95014-2040 CG2026 - General Liability RE: Routine use permit for the Montebello site Second Harvest of Silicon Valley 750 Curtner Ave San Jose, CA 95125-2113 CG2026 - General Liability RE: Food for WVCS food pantry PI-AI-SCH (08/20) Philadelphia Indemnity Insurance Company Additional Insured Schedule Policy Number: PHPK2553043-018 PI-AI-SCH (08/20) Page 3 of 7 City of San Jose, its officers, employees, agents & contractors 200 E Santa Clara St Fl 2 San Jose, CA 95113-1903 CG2026 - General Liability RE:Contract Agreement City of Sunnyvale PO Box 3707 Sunnyvale, CA 94088-3707 CG2026 - General Liability RE: Contract Agreement Emergency Housing & Assistance, Program; Dept of Housing PO Box 952054 Sacramento, CA 94252-2054 CG2026 - General Liability RE:Community Development-EHAP Agreement #06-EHAP-2714 Housing and Community Development 1800 3rd St Sacramento, CA 95811-6942 CG2026 - General Liability RE: Contract for Grant #06-EHAP-2714 PI-AI-SCH (08/20) Philadelphia Indemnity Insurance Company Additional Insured Schedule Policy Number: PHPK2553043-018 PI-AI-SCH (08/20) Page 4 of 7 Opportunity Fund Northern California 111 W Saint John St Ste 800 San Jose, CA 95113-1121 CG2026 - CA - Loc #1 CG2026 - CA - Loc #1 - 334 (GROCERY DISTRIBUTOR) RE: Contract for Loan/Grant - Loan #5033 CG2026 - CA - Loc #1 - 334 (SOCIAL GATHERING/MEETING-NFP) RE: Contract for Loan/Grant - Loan #5033 CG2026 - CA - Loc #1 - 336 (GROCERY DISTRIBUTOR) RE: Contract for Loan/Grant - Loan #5033 St. Joseph of Cupertino Church, & The Diocese of San Jose 10110 N De Anza Blvd Cupertino, CA 95014-2211 CG2026 - General Liability RE: Parent Workshops City of Campbell 70 N 1st St Campbell, CA 95008-1458 CG2026 - General Liability RE: Contract Agreement PI-AI-SCH (08/20) Philadelphia Indemnity Insurance Company Additional Insured Schedule Policy Number: PHPK2553043-018 PI-AI-SCH (08/20) Page 5 of 7 Covered California 560 J St Ste 290 Sacramento, CA 95814-2339 CG2026 - General Liability RE:Per Contract Agreement Apple Inc. 1 Infinite Loop MS 18-RE Cupertino, CA 95014-2083 CG2026 - General Liability RE: Spring Rebuilding Day 2014 Sunstate Equipment Co LLC 5552 E Washington St Phoenix, AZ 85034-2134 CG2028 - CA - Loc #1 - 334 (GROCERY DISTRIBUTOR) RE:Leased 19' Electric Scissor Lift 0555800@Loc 1 CG2028 - CA - Loc #1 - 336 (GROCERY DISTRIBUTOR) RE:Leased 19' Electric Scissor Lift 0555800@Loc 1 City of Cupertino Cupertino City Hall 10300 Torre Ave Cupertino, CA 95014-3202 CG2026 - General Liability Provides program funding PI-AI-SCH (08/20) Philadelphia Indemnity Insurance Company Additional Insured Schedule Policy Number: PHPK2553043-018 PI-AI-SCH (08/20) Page 6 of 7 The Roman Catholic Bishop of San Jose 1150 N 1st St Ste 100 San Jose, CA 95112-4966 CG2026 - General Liability Re: Project Owner 190 West St. James, LLC and Stonebrook Asset Management 21710 Stevens Creek Blvd Ste 200 Cupertino, CA 95014-1174 CG2026 - General Liability RE: Gift of Hope event Housing Trust Silicon Valley 75 E Santa Clara St Ste 1350 San Jose, CA 95113-1838 CG2026 - CA - Loc #1 Saratoga Business Square LLC 1340 S De Anza Blvd San Jose, CA 95129-4604 CG2011 - CA - Loc #5 PI-AI-SCH (08/20) Philadelphia Indemnity Insurance Company Additional Insured Schedule Policy Number: PHPK2553043-018 PI-AI-SCH (08/20) Page 7 of 7 Town of Los Gatos, its officers, officials, employees and volunteers 110 E Main St Los Gatos, CA 95030-6943 CG2026 - General Liability PI-FEE-SCH (08/20) Philadelphia Indemnity Insurance Company Fees and Surcharge Schedule Policy Number: PHPK2553043-018 PI-FEE-SCH (08/20) Page 1 of 1 California Consumer Service Functions Related to Auto Insurance $ 2.08 California Automobile Fraud Interdiction Program $ 4.00 California Investigation and Prosecution of Auto Insurance Fraud $ 8.00 Philadelphia Indemnity Insurance Company COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number: PHPK2553043-018 See Supplemental Schedule LIMITS OF INSURANCE Agent # 3666 $ 3,000,000 General Aggregate Limit (Other Than Products – Completed Operations) $ 1,000,000 Products/Completed Operations Aggregate Limit $ 1,000,000 Personal and Advertising Injury Limit (Any One Person or Organization) $ 1,000,000 Each Occurrence Limit $ 100,000 Rented To You Limit (Any One Premises) $ 5,000 Medical Expense Limit (Any One Person) FORM OF BUSINESS: CORPORATION Business Description: Non Profit Organization Location of All Premises You Own, Rent or Occupy: SEE SCHEDULE ATTACHED AUDIT PERIOD, ANNUAL, UNLESS OTHERWISE STATED: This policy is not subject to premium audit. Classifications Code No. Premium Basis Rates Prem./ Prod./ Ops. Comp. Ops Advance Premiums Prem./ Prod./ Ops. Comp. Ops. SEE SCHEDULE ATTACHED TOTAL PREMIUM FOR THIS COVERAGE PART: $ 6,972.00 $ 706.00 RETROACTIVE DATE (CG 00 02 ONLY) This insurance does not apply to "Bodily Injury", "Property Damage", or "Personal and Advertising Injury" which occurs before the retroactive date, if any, shown below. Retroactive Date: NONE FORM (S) AND ENDORSEMENT (S) APPLICABLE TO THIS COVERAGE PART: Refer To Forms Schedule Countersignature Date Authorized Representative Philadelphia Indemnity Insurance Company Form Schedule – General Liability Policy Number: PHPK2553043-018 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: Form Edition Description Gen Liab Dec 1004 Commercial General Liability Coverage Part Declaration Gen Liab Schedule 0100 General Liability Schedule CG0001 0413 Commercial General Liability Coverage Form CG2011 0413 Additional Insured - Managers Or Lessors Of Premises CG2026 0413 Additional Insured - Designated Person Or Organization CG2027 0413 Additional Insured - Co-Owner Of Insured Premises CG2028 0413 Additional Insured - Lessor Of Leased Equipment CG2132 0509 Communicable Disease Exclusion CG2147 1207 Employment-Related Practices Exclusion CG2157 0413 Exclusion - Counseling Services CG2167 1204 Fungi or Bacteria Exclusion CG2170 0115 Cap On Losses From Certified Acts Of Terrorism CG2402 1204 Binding Arbitration CG2404 0509 Waiver of Transfer of Rights of Recovery Against Other CG3234 0105 California Changes PI-GL-001 0917 Exclusion - Lead Liability PI-GL-002 CA 0208 Exclusion - Asbestos Liability PI-GL-005 0712 Additional Insured Primary And Non-Contributory Ins PI-GL-042 0422 Total Exclusion - PFC/PFAS PI-GLD-HS 1011 General Liability Deluxe Endorsement: Human Services PI-HS-005 0704 Exclusion - Professional Liability Coverage PI-SAM-006 0117 Abuse Or Molestation Exclusion PI-SE-001 0720 Special Events Endorsement Page 1 of 1 Philadelphia Indemnity Insurance Company COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL SCHEDULE Policy Number: PHPK2553043-018 Agent # 3666 Rates Advance Premiums Classifications Code No. CA PREM NO. 001 Premium Basis Prem./ Ops. Prod./ Comp. Ops. Prem./ Ops. Prod./ Comp. Ops. GROCERY DISTRIBUTOR 13670 25,000 GROSS SALES 0.253 0.206 7 6 CA PREM NO. 001 SOCIAL GATHERING/MEETING-NFP 48558 LOCATION 2 124.424 INCL 261 INCL PROD/COMP OP SUBJ TO GEN AGG LIMIT CA PREM NO. 002 APARTMENT BUILDING-NOC 60010 UNIT 24 139.737 INCL 3,522 INCL PROD/COMP OP SUBJ TO GEN AGG LIMIT CA PREM NO. 003 SHELTER/MISSION/STTLMNT/HALF H 67017 AREA 2,412 335.185 INCL 848 INCL PROD/COMP OP SUBJ TO GEN AGG LIMIT CA PREM NO. 004 SHELTER/MISSION/STTLMNT/HALF H 67017 AREA 2,412 335.185 INCL 848 INCL PROD/COMP OP SUBJ TO GEN AGG LIMIT CA PREM NO. 005 1,702 477.202 INCL 893 INCL BLDG/PREMS-OFFICE-NOC-NFP 61227 AREA PROD/COMP OP SUBJ TO GEN AGG LIMIT BALANCE TO MEET PROD/COMP SUBLINE MINIMUM 44444 700 Philadelphia Indemnity Insurance Company COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL SCHEDULE Policy Number: PHPK2553043-018 Agent # 3666 Rates Advance Premiums Classifications Code No. CA Premium Basis Prem./ Ops. Prod./ Comp. Ops. Prem./ Ops. Prod./ Comp. Ops. ADDL INS PRIMARY & NON-CONTRIBUTORY INS INCL CA COMMUNICABLE DISEASE EXCLUSION CREDIT CA LIABILITY DELUXE 44444 44444 -10 603 Philadelphia Indemnity Insurance Company Insurance Policy COMMERCIAL INLAND MARINE COVERAGE PART DECLARATIONS Policy Number: PHPK2553043-018 See Supplemental Schedule Agent # 3666 FORM OF BUSINESS: CORPORATION Business Description: Non Profit Organization Location of All Premises You Own, Rent or Occupy: SEE SCHEDULE ATTACHED ITEM LIMIT OF NO. INSURANCE DEDUCTIBLE DESCRIPTION SEE SCHEDULE ATTACHED DEDUCTIBLE: SEE SCHEDULE ATTACHED MORTGAGE HOLDERS: Refer To Mortgagee/Loss Payee Schedule FORM(S) AND ENDORSEMENT(S) APPLICABLE TO THIS COVERAGE PART: Refer To Forms Schedule TOTAL PREMIUM FOR THIS COVERAGE PART $ 1,397.00 Countersignature Date Authorized Representative Page 1 of 1 Philadelphia Indemnity Insurance Company Form Schedule – Inland Marine Policy Number: PHPK2553043-018 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: Form Edition Description Inland Marine Dec 0100 Commercial Inland Marine Coverage Part Declarations Inland Marine Schedule 0100 Inland Marine Supplemental Schedule CM0001 0904 Commercial Inland Marine Conditions PI-CIM-053 1206 Computer Coverage Form Page 1 of 1 Philadelphia Indemnity Insurance Company COMMERCIAL INLAND MARINE COVERAGE PART SUPPLEMENTAL SCHEDULE Policy Number: PHPK2553043-018 Agent #: 3666 For PERILS COVERED see applicable form attached. ITEM LIMIT OF ST/LOC NO. INSURANCE DEDUCTIBLE DESCRIPTION CA N/A 001 $ 220,000 500 COMPUTER COVERAGE IL N 119 10 15 © Insurance Services Office, Inc., 2015 Page 1 of 1 IL N 119 10 15 CALIFORNIA AUTO BODY REPAIR CONSUMER BILL OF RIGHTS (This form was developed by the California Department of Insurance.) A CONSUMER IS ENTITLED TO: 1. SELECT THE AUTO BODY REPAIR SHOP TO REPAIR AUTO BODY DAMAGE COVERED BY THE INSURANCE COMPANY. AN INSURANCE COMPANY SHALL NOT REQUIRE THE REPAIRS TO BE DONE AT A SPECIFIC AUTO BODY REPAIR SHOP. 2. AN ITEMIZED WRITTEN ESTIMATE FOR AUTO BODY REPAIRS AND, UPON COMPLETION OF REPAIRS, A DETAILED INVOICE. THE ESTIMATE AND THE INVOICE MUST INCLUDE AN ITEMIZED LIST OF PARTS AND LABOR ALONG WITH THE TOTAL PRICE FOR THE WORK PERFORMED. THE ESTIMATE AND INVOICE MUST ALSO IDENTIFY ALL PARTS AS NEW, USED, AFTERMARKET, RECONDITIONED, OR REBUILT. 3. BE INFORMED ABOUT COVERAGE FOR TOWING AND STORAGE SERVICES. 4. BE INFORMED ABOUT THE EXTENT OF COVERAGE, IF ANY, FOR A REPLACEMENT RENTAL VEHICLE WHILE A DAMAGED VEHICLE IS BEING REPAIRED. 5. BE INFORMED OF WHERE TO REPORT SUSPECTED FRAUD OR OTHER COMPLAINTS AND CONCERNS ABOUT AUTO BODY REPAIRS. 6. SEEK AND OBTAIN AN INDEPENDENT REPAIR ESTIMATE DIRECTLY FROM A REGISTERED AUTO BODY REPAIR SHOP FOR REPAIR OF A DAMAGED VEHICLE, EVEN WHEN PURSUING AN INSURANCE CLAIM FOR REPAIR OF THE VEHICLE. COMPLAINTS WITHIN THE JURISDICTION OF THE BUREAU OF AUTOMOTIVE REPAIR Complaints concerning the repair of a vehicle by an auto body repair shop should be directed to: Toll Free (866) 799-3811 Bureau of Automotive Repair 10949 North Mather Blvd. Rancho Cordova, CA 95670 The Bureau of Automotive Repair can also accept complaints over its web site at: www.autorepair.ca.gov. COMPLAINTS WITHIN THE JURISDICTION OF THE CALIFORNIA INSURANCE COMMISSIONER Any concerns regarding how an auto insurance claim is being handled should be submitted to the California Department of Insurance at: (800) 927-4357 or (213) 897-8921 California Department of Insurance Consumer Services Division 300 South Spring Street Los Angeles, CA 90013 The California Department of Insurance can also accept complaints over its web site at: www.insurance.ca.gov. CA DS 03 03 10 © Insurance Services Office, Inc., 2009 Page 1 of 13 Philadelphia Indemnity Insurance Company POLICY NUMBER: PHPK2553043-018 BUSINESS AUTO DECLARATIONS ITEM ONE COMMERCIAL AUTO CA DS 03 03 10 Named Insured and Mailing Address: West Valley Community Services of Santa Clara County Inc 10104 Vista Dr Cupertino, CA 95014-2253 Policy Period From: 06/01/2025 To: 06/01/2026 At 12:01 A.M. Standard Time at your mailing address. Previous Policy Number: PHPK2553043-017 Form Of Business: CORPORATION In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. Premium shown is payable at inception: $ Audit Period (If Applicable): Annually Semiannually Quarterly Monthly Endorsements Attached To This Policy: See Schedule Attached Countersignature Of Authorized Representative Name: Title: Signature: Date: Note Officers' facsimile signatures may be inserted here, on the policy cover or elsewhere at the company's option. ITEM TWO Page 2 of 13 © Insurance Services Office, Inc., 2009 CA DS 03 03 10 Schedule Of Coverages And Covered Autos This policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to those "autos" shown as covered "autos". "Autos" are shown as covered "autos" for a particular coverage by the entry of one or more of the symbols from the Covered Autos Section of the Business Auto Coverage Form next to the name of the coverage. Coverages Covered Autos Limit Premium Liability 01 $ 1,000,000 CSL $ 45,666.00 Personal Injury Protection (Or Equivalent No-fault Coverage) Separately Stated In Each Personal Injury Protection Endorsement Minus $ Deductible $ Added Personal Injury Protection (Or Equivalent Added No-fault Coverage) Separately Stated In Each Added Personal Injury Protection Endorsement $ Property Protection Insurance (Michigan Only) Separately Stated In The Property Protection Insurance Endorsement Minus $ Deductible For Each Accident $ Auto Medical Payments 02 $ 5,000 $ 454.00 Medical Expense And Income Loss Benefits (Virginia Only) Separately Stated In The Medical Expense And Income Loss Benefits Endorsement $ Uninsured Motorists 02 $ 1,000,000 CSL $ 992.00 Underinsured Motorists (When Not Included In Uninsured Motorists Coverage) 02 $ 1,000,000 CSL $ INCL ITEM TWO CA DS 03 03 10 © Insurance Services Office, Inc., 2009 Page 3 of 13 Schedule Of Coverages And Covered Autos (Cont'd) Coverages Covered Autos Limit Premium Physical Damage Comprehensive Coverage 07, 08 Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus $ SCHEDULE Deductible $ 2,359.00 For Each Covered Auto, But No Deductible Applies To Loss Caused By Fire Or Lightning See Item Four for Hired or Borrowed Autos. Physical Damage Specified Causes Of Loss Coverage Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus $ 25 Deductible For Each Covered Auto For Loss Caused By Mischief Or Vandalism $ See Item Four for Hired or Borrowed Autos. Physical 07, 08 Actual Cash Value Or Cost Of Repair, $ 9,978.00 Damage Whichever Is Less, Minus Collision Coverage $ SCHEDULE Deductible For Each Covered Auto See Item Four for Hired or Borrowed Autos. Physical Damage Towing And Labor $ For Each Disablement Of A Private Passenger Auto $ Terrorism All Per Coverage Endorsement $ 0.00 Premium For Endorsements $ 14.08 Estimated Total Premium* $ 59,463.08 *This policy may be subject to final audit. ITEM THREE Schedule Of Covered Autos You Own Page 4 of 13 © Insurance Services Office, Inc., 2009 CA DS 03 03 10 Covered Auto Number: Town And State Where The Covered Auto Will Be Principally Garaged: SEE SCHEDULE ATTACHED Covered Auto Description Year: Model: Trade Name: Body Type: Serial Number (S): Vehicle Identification Number (VIN): Purchased Original Cost New: $ Actual Cost New Or Used: $ New Used Classification Business Use Size GVW, Radius s=service GCW Or Secondary Of r=retail Vehicle Seating Age Rating Operation c=commercial Capacity Group Classification Code SEE SCHEDULE ATTACHED Except For Towing, All Physical Damage Loss Is Payable To You And The Loss Payee Named Below According To Their Interests In The Auto At The Time Of The Loss: SEE SCHEDULE(S) ITEM THREE Schedule Of Covered Autos You Own (Cont'd) CA DS 03 03 10 © Insurance Services Office, Inc., 2009 Page 5 of 13 Coverages – Premiums, Limits And Deductibles (Absence of a deductible or limit entry in any column below means that the limit or deductible entry in the corresponding Item Two column applies instead.) Coverages Limit Premium Liability $ SEE SCHEDULE ATTACHED $ Personal Injury Protection Stated In Each Personal Injury Protection Endorsement Minus $ Deductible $ Added Personal Injury Protection Stated In Each Added Personal Injury Protection Endorsement $ Property Protection Insurance (Michigan Only) Stated In The Property Protection Insurance Endorsement Minus $ Deductible $ Auto Medical Payments $ $ Medical Expense And Income Loss Benefits (Virginia Only) Stated In The Medical Expense And Income Loss Benefits Endorsement For Each Person $ Comprehensive Stated In Item Two Minus $ Deductible $ Specified Causes Of Loss Stated In Item Two Minus $ 25 Deductible $ Collision Stated In Item Two Minus $ Deductible $ Towing And Labor $ Per Disablement $ Total Premiums SEE SCHEDULE ATTACHED Liability $ Personal Injury Protection $ Added Personal Injury Protection $ Property Protection Insurance (Michigan Only) $ Auto Medical Payments $ Medical Expense And Income Loss Benefits (Virginia Only) $ Comprehensive $ Specified Causes Of Loss $ Collision $ Towing And Labor $ ITEM FOUR Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums Page 6 of 13 © Insurance Services Office, Inc., 2009 CA DS 03 03 10 Liability Coverage – Cost Of Hire Rating Basis For Autos Used In Your Motor Carrier Operations (Other Than Mobile Or Farm Equipment) Liability Coverage Estimated Annual Cost Of Hire For All States Premium Primary Coverage $ SEE SCHEDULE ATTACHED, IF APPLICABLE $ Excess Coverage $ SEE SCHEDULE ATTACHED, IF APPLICABLE $ Total Premium $ For "autos" used in your motor carrier operations, cost of hire means: (a) The total dollar amount of costs you incurred for the hire of automobiles (includes "trailers" and semitrailers), and if not included therein, (b) The total remunerations of all operators and drivers' helpers, of hired automobiles whether hired with a driver by lessor or an "employee" of the lessee, or any other third party, and (c) The total dollar amount of any other costs (i.e., repair, maintenance, fuel, etc.) directly associated with operating the hired automobiles whether such costs are absorbed by the "insured", paid to the lessor or owner, or paid to others. Liability Coverage – Cost of Hire Rating Basis For Autos NOT Used In Your Motor Carrier Operations (Other Than Mobile Or Farm Equipment) Liability Coverage State Estimated Annual Cost Of Hire For Each State Premium Primary Coverage $ SEE SCHEDULE ATTACHED, IF APPLICABLE $ Excess Coverage $ SEE SCHEDULE ATTACHED, IF APPLICABLE $ Total Premium $ For "autos" NOT used in your motor carrier operations, cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos" you borrow or rent from your partners or "employees" or their family members). Cost of hire does not include charges for services performed by motor carriers of property or passengers. ITEM FOUR Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums (Cont'd) CA DS 03 03 10 © Insurance Services Office, Inc., 2009 Page 7 of 13 Physical Damage Coverages – Cost of Hire Rating Basis For All Autos (Other Than Mobile Or Farm Equipment) Coverage State Limit Of Insurance Estimated Annual Cost Of Hire For Each State (Excluding Autos Hired With A Driver) Premium Comprehensive Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus $ Deductible For Each Covered Auto, But No Deductible Applies To Loss Caused By Fire Or Lightning $ SEE SCHEDULE ATTACHED, IF APPLICABLE $ Specified Causes Of Loss Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus $ Deductible For Each Covered Auto For Loss Caused By Mischief Or Vandalism $ $ Collision Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus $ Deductible For Each Covered Auto $ $ Total Premium $ For Physical Damage Coverages, cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos" you borrow or rent from your partners or "employees" or their family members). Cost of hire does not include charges for any "auto" that is leased, hired, rented or borrowed with a driver. ITEM FOUR Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums (Cont'd) Page 8 of 13 © Insurance Services Office, Inc., 2009 CA DS 03 03 10 Cost Of Hire Rating Basis For Mobile Or Farm Equipment – Other Than Physical Damage Coverages Coverage State Estimated Annual Cost Of Hire For Each State Premium Mobile Equipment Farm Equipment Mobile Equipment Farm Equipment Liability – Primary Coverage $ SEE SCHEDULE, IF APPLICABLE $ $ $ Liability – Excess Coverage $ $ $ $ Personal Injury Protection $ $ $ $ Medical Expense Benefits (Virginia Only) $ $ $ $ Income Loss Benefits (Virginia Only) $ $ $ $ Auto Medical Payments $ $ $ $ Total Premiums $ $ Cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos" you borrow or rent from your partners or "employees" or their family members). Cost of hire does not include charges for services performed by motor carriers of property or passengers. ITEM FOUR Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums (Cont'd) CA DS 03 03 10 © Insurance Services Office, Inc., 2009 Page 9 of 13 Cost Of Hire Rating Basis For Mobile Or Farm Equipment – Physical Damage Coverages Coverage State Limit Of Insurance Estimated Annual Cost Of Hire For Each State (Excluding Autos Hired With A Driver) Premium Mobile Equipment Farm Equipment Mobile Equipment Farm Equipment Compre- hensive Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus $ Ded. For Each Covered Auto, But No Deductible Applies To Loss Caused By Fire Or Lightning $ SEE SCHEDULE, IF APPLICABLE $ $ $ Specified Causes Of Loss Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus $ Ded. For Each Covered Auto For Loss Caused By Mischief Or Vandalism $ $ $ $ Collision Actual Cash Value Or Cost Of Repair, Whichever Is Less, Minus $ Ded. For Each Covered Auto $ $ $ $ Total Premiums $ $ For Physical Damage Coverages, cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos" you borrow or rent from your partners or "employees" or their family members). Cost of hire does not include charges for any auto that is leased, hired, rented or borrowed with a driver. ITEM FOUR Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums (Cont'd) Page 10 of 13 © Insurance Services Office, Inc., 2009 CA DS 03 03 10 Rental Period Rating Basis For Mobile Or Farm Equipment Coverage Town and State Where The Job Site Is Located Estimated Number Of Days Equipment Will Be Rented Premium Mobile Equipment Farm Equipment Mobile Equipment Farm Equipment Liability – Primary Coverage $ $ Liability – Excess Coverage $ $ Personal Injury Protection $ $ Medical Expense Benefits (Virginia Only) $ $ Income Loss Benefits (Virginia Only) $ $ Auto Medical Payments $ $ Total Premiums $ $ ITEM FIVE Schedule For Non-ownership Liability CA DS 03 03 10 © Insurance Services Office, Inc., 2009 Page 11 of 13 Named Insured's Business Rating Basis Number Premium Other Than Garage Service Operations And Other Than Social Service Agencies Number Of Employees $ Number Of Partners (Active and Inactive) $ Garage Service Operations Number Of Employees Whose Principal Duty Involves The Operation Of Autos $ Number Of Partners (Active and Inactive) $ Social Service Agencies Number Of Employees 20 $ 1,630.00 Number Of Volunteers Who Regularly Use Autos To Transport Clients 46 $ 2,760.00 Number Of Partners (Active and Inactive) $ Total Premium $ 4,390.00 ITEM SIX Schedule For Gross Receipts Or Mileage Basis Address Of Business Headquarters Location: Type Of Risk (Check one): Public Autos Leasing Or Rental Concerns Rating Basis (Check one): Gross Receipts (Per $100) Mileage (Per Mile) Estimated Yearly (Gross Receipts Or Mileage): Premiums Liability $ Personal Injury Protection $ Added Personal Injury Protection $ Property Protection Insurance (Michigan Only) $ Auto Medical Payments $ Medical Expense And Income Loss Benefits (Virginia Only) $ Comprehensive $ Specified Causes Of Loss $ Collision $ Towing And Labor $ ITEM SIX Schedule For Gross Receipts Or Mileage Basis (Cont'd) Page 12 of 13 © Insurance Services Office, Inc., 2009 CA DS 03 03 10 Address Of Business Headquarters Location: Type Of Risk (Check one): Public Autos Leasing Or Rental Concerns Rating Basis (Check one): Gross Receipts (Per $100) Mileage (Per Mile) Estimated Yearly (Gross Receipts Or Mileage): Premiums Liability $ Personal Injury Protection $ Added Personal Injury Protection $ Property Protection Insurance (Michigan Only) $ Auto Medical Payments $ Medical Expense And Income Loss Benefits (Virginia Only) $ Comprehensive $ Specified Causes Of Loss $ Collision $ Towing And Labor $ Address Of Business Headquarters Location: Type Of Risk (Check one): Public Autos Leasing Or Rental Concerns Rating Basis (Check one): Gross Receipts (Per $100) Mileage (Per Mile) Estimated Yearly (Gross Receipts Or Mileage): Premiums Liability $ Personal Injury Protection $ Added Personal Injury Protection $ Property Protection Insurance (Michigan Only) $ Auto Medical Payments $ Medical Expense And Income Loss Benefits (Virginia Only) $ Comprehensive $ Specified Causes Of Loss $ Collision $ Towing And Labor $ CA DS 03 03 10 © Insurance Services Office, Inc., 2009 Page 13 of 13 When used as a premium basis: FOR PUBLIC AUTOS Gross receipts means the total amount earned by the named insured for transporting passengers, mail and merchandise. Gross receipts does not include: A. Amounts paid to air, sea or land carriers operating under their own permits. B. Advertising revenue. C. Taxes collected as a separate item and paid directly to the government. D. C.O.D. collections for cost of mail or merchandise including collection fees. Mileage means the total live and dead mileage of all revenue producing "autos" during the policy period. FOR RENTAL OR LEASING CONCERNS Gross receipts means the total amount earned by the named insured for the leasing or renting of "autos" to others without drivers. Mileage means the total live and dead mileage of all "autos" you leased or rented to others without drivers. Philadelphia Indemnity Insurance Company Form Schedule – Commercial Auto Policy Number: PHPK2553043-018 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: Form Edition Description IL N 119 1015 California Auto Body Repair Consumer Bill Of Rights CADS03 0310 Business Auto Declarations Auto Schedule 0100 Business Auto Schedule Hired Or Borrowed Auto Sche 0706 Schedule Of Hired Or Borrowed Covered Auto CA0001 0310 Business Auto Coverage Form CA0143 0507 California Changes CA0305 0297 California Changes - Waiver of Collision Deductible CA0424 0406 California Auto Medical Payments Coverage CA9933 0299 Employees as Insureds CA9934 1293 Social Service Agencies - Volunteers as Insureds PI-AUT-001 0116 Cap On Losses From Certified Acts Of Terrorism PI-CA-032 CA 0521 California Uninsured Motorists Coverage-Bodily Injury PI-MANU-1 0100 Schedule of Add-on's for Vehicle 1 - 2009 Dodge Sprinter Page 1 of 1 BUSINESS AUTO SCHEDULE POLICY NUMBER: PHPK2553043-018 SCHEDULE OF COVERED AUTOS YOU OWN Covered Auto No. DESCRIPTION TERRITORY Year Model; Trade Name; Body Type Serial Number (S); Vehicle Identification Number (VIN) Town or City & Zip where the Covered Auto will be principally garaged 1 2009 DODGE SPRINTER 2500, WD0PE745295380349 053 Cupertino, CA 95014 2 2012 FORD TRANSIT CONNECT XLT, NM0LS6BN1CT088222 053 Cupertino, CA 95014 3 2014 GMC SAVANA, 1GTW7FCA2E1912899 053 Cupertino, CA 95014 4 2013 ISUZU NPR, 54DB4W1B3DS801379 053 Cupertino, CA 95014 5 2020 FORD F59, 1F66F5KN4L0A04722 053 Cupertino, CA 95014 6 2019 TOYOTA SIENNA, 5TDKZ3DC5KS006638 053 Cupertino, CA 95014 Covered Auto No. CLASSIFICATION PURCHASED Radius of Operation Business Use s = service r = retail c = comml. Size GVW, CGW or Vehicle Seating Capacity Age Group Primary Rating Factor Sec. Rating Factor Code Original Cost New Stated Amount Liab. Phy. Dam. Liab. Phy. Dam. 1 LOCAL S 5,000 12 1.000 1.000 01499 67,250 2 LOCAL 5 12 0.550 1.200 -0.20 6481 23,190 3 LOCAL 5 12 0.550 1.200 -0.20 6481 28,751 4 LOCAL S 15,000 12 1.050 0.750 21499 35,657 5 LOCAL S 30,000 6 1.100 0.750 31499 200,000 6 LOCAL 5 7 0.550 1.200 -0.20 6481 38,880 Total Premium Covered Auto No. LIABILITY AUTO. MED. MEDICAL EXPENSE AND INCOME LOSS BENEFITS (VA ONLY) Limit (in thousands) Premium Limit Premium Limit Stated In Each Med. Exp. And Inc. Loss Ben. End. For Each Person Premium 1 1,000 4,174.00 5,000 63.00 2 1,000 5,586.00 5,000 53.00 3 1,000 5,586.00 5,000 53.00 4 1,000 4,383.00 5,000 63.00 5 1,000 4,789.00 5,000 63.00 6 1,000 5,586.00 5,000 53.00 Total Premium 30,104.00 348.00 Covered Auto No. PERSONAL INJURY PROTECTION P.P.I. (Mich, Only) UNINSURED/UNDERINSURED Limit stated in each P.I.P. end. Premium Limit stated in each P.P.I. end. Premium Limit (in thousands) Premium UM UIM 1 1,000 124.00 X X 2 1,000 124.00 X X 3 1,000 124.00 X X 4 1,000 124.00 X X 5 1,000 124.00 X X 6 1,000 124.00 X X Total Premium 744.00 Page 1 of 4 BUSINESS AUTO SCHEDULE POLICY NUMBER: PHPK2553043-018 SCHEDULE OF COVERED AUTOS YOU OWN (Cont’d) Page 2 of 4 Covered Auto No. COMPREHENSIVE SPEC. CAUSES OF LOSS COLLISION Deductible Premium Premium Deductible Premium 1 1,000 243.00 1,000 1,237.00 2 500 137.00 1,000 472.00 3 500 159.00 1,000 579.00 4 1,000 132.00 1,000 537.00 5 3,000 389.00 3,000 3,310.00 6 500 262.00 1,000 968.00 Total Premium 1,322.00 7,103.00 Covered Auto No. TOWING & LABOR TOWING & STORAGE Limit per disablement Premium Limit Premium 1 2 3 4 5 6 Total Premium Covered Auto No. Except for towing all physical damage loss is payable to you and the loss payee named as interests may appear at the time of the loss: See Schedule(s) TOTAL Premium 1 5,841.00 2 6,372.00 3 6,501.00 4 5,239.00 5 8,675.00 6 6,993.00 Total Premium 39,621.00 BUSINESS AUTO SCHEDULE POLICY NUMBER: PHPK2553043-018 SCHEDULE OF COVERED AUTOS YOU OWN Covered Auto No. DESCRIPTION TERRITORY Year Model; Trade Name; Body Type Serial Number (S); Vehicle Identification Number (VIN) Town or City & Zip where the Covered Auto will be principally garaged 7 2023 NISSAN KICKS, 3N1CP5BVXPL563524 053 Sunnyvale, CA 94086 8 2020 FORD TRANSIT, 1FTBR1C88LKB43079 053 Cupertino, CA 95014 Covered Auto No. CLASSIFICATION PURCHASED Radius of Operation Business Use s = service r = retail c = comml. Size GVW, CGW or Vehicle Seating Capacity Age Group Primary Rating Factor Sec. Rating Factor Code Original Cost New Stated Amount Liab. Phy. Dam. Liab. Phy. Dam. 7 LOCAL 5 3 0.550 1.200 -0.20 6481 26,000 8 LOCAL 5 6 0.550 1.200 -0.20 6481 36,610 Total Premium Covered Auto No. LIABILITY AUTO. MED. MEDICAL EXPENSE AND INCOME LOSS BENEFITS (VA ONLY) Limit (in thousands) Premium Limit Premium Limit Stated In Each Med. Exp. And Inc. Loss Ben. End. For Each Person Premium 7 1,000 5,586.00 5,000 53.00 8 1,000 5,586.00 5,000 53.00 Total Premium 41,276.00 454.00 Covered Auto No. PERSONAL INJURY PROTECTION P.P.I. (Mich, Only) UNINSURED/UNDERINSURED Limit stated in each P.I.P. end. Premium Limit stated in each P.P.I. end. Premium Limit (in thousands) Premium UM UIM 7 1,000 124.00 X X 8 1,000 124.00 X X Total Premium 992.00 Page 3 of 4 BUSINESS AUTO SCHEDULE POLICY NUMBER: PHPK2553043-018 SCHEDULE OF COVERED AUTOS YOU OWN (Cont’d) Page 4 of 4 Covered Auto No. COMPREHENSIVE SPEC. CAUSES OF LOSS COLLISION Deductible Premium Premium Deductible Premium 7 500 330.00 1,000 1,249.00 8 500 262.00 1,000 1,008.00 Total Premium 1,914.00 9,360.00 Covered Auto No. TOWING & LABOR TOWING & STORAGE Limit per disablement Premium Limit Premium 7 8 Total Premium Covered Auto No. Except for towing all physical damage loss is payable to you and the loss payee named as interests may appear at the time of the loss: See Schedule(s) TOTAL Premium 7 7,342.00 8 7,033.00 Total Premium 53,996.00 Policy Number: PHPK2553043-018 Schedule Of Hired Or Borrowed Covered Auto Coverage And Premiums Coverage State Cost of Hire Deductible Rate Premium Liability Coverage Physical Damage - Comp Physical Damage - Collision Total Premium - $ 1,063 Page 1 of 1 CA 11.68100 CA 5,000 100 8.90800 $ 445 CA 5,000 1,000 12.35500 $ 618 PI-ULTD-002 11.98 Page 1 of 2 ULTIMATECOVER PROPERTY COVERAGE PART DECLARATIONS Policy Number PHPK2553043-018 Effective Date: 06/01/2025 Expiration Date: 06/01/2026 12:01 a.m., Standard Time X Extension of Declarations is attached Business Description Non Profit Organization Description of Premises Prem. No. Bldg. No. Location, Construction and Occupancy 0001 0001 10104 Vista Dr Cupertino, CA 95014-2253 OFFICES (N.O.C.) FRAME 0002 0001 10114 Vista Dr Cupertino, CA 95014-2254 APARTMENTS FRAME 0002 0002 10114 Vista Dr Cupertino, CA 95014-2254 APARTMENTS FRAME 0002 0003 10114 Vista Dr Cupertino, CA 95014-2254 APARTMENTS FRAME 0003 0001 10311 Greenwood Ct Cupertino, CA 95014-3352 APARTMENTS FRAME 0004 0001 10321 Greenwood Ct Cupertino, CA 95014-3353 APARTMENTS FRAME Limits of Insurance Insurance applies only for coverage for which a Limit of Insurance is shown. Property at Specified Premises Prem. No. Bldg. No. Your Business Personal Property Personal Property of Others Buildings 0001 0001 BKT #2 BKT #1 0002 0001 BKT #1 0002 0002 BKT #1 0002 0003 BKT #1 0003 0001 BKT #2 BKT #1 0004 0001 BKT #2 BKT #1 PI-ULTD-002 11.98 Page 2 of 2 Personal Property at Location not Specifically Identified: $100,000, unless a higher limit is shown on the Additional Coverage Summary Declarations. Personal Property in Transit: $50,000, unless a higher limit is shown on the Additional Coverage Summary Declarations. These declarations are part of the policy declarations containing the Name of the Insured and the policy period. Applications of Limits Specific X Exceptions: Blanket - See Form PI-ULTD-006 Deductibles Building $ 10,000 Business Personal Property $ 10,000 Transit $ Coinsurance 80% 90% X 100% X Agreed Value Mortgage Holders Prem. No. Bldg. No. Mortgage Holder Name and Address SEE SCHEDULE ATTACHED Forms and Endorsement Forms and endorsements applying to this Coverage Part and made part of this policy at time of issue: See Schedule of Forms and Endorsements attached. Premium Premium for this Coverage Part $ 32,271.00 PI-ULTD-003 11.98 Page 1 of 1 PROPERTY COVERAGE PART EXTENSION OF DECLARATIONS Policy Number PHPK2553043-018 Description of Premises Prem. No. Bldg. No. Location, Construction and Occupancy 0005 0001 1340 S De Anza Blvd Ste 103 San Jose, CA 95129-4644 OFFICES (N.O.C.) FRAME Limits of Insurance Insurance applies only for coverages for which a Limit of Insurance is shown. Property at Specified Premises Prem. Bldg. Your Business Personal Property No. No. Personal Property of Others Buildings 0005 0001 BKT #2 Mortgage Holders Prem. No. Bldg. No. Mortgage Holder Name and Address SEE SCHEDULE ATTACHED These declarations are part of the policy declarations containing the Name of the Insured and the policy period. PI-ULTD-005 (05/13) Page 1 of 1 ADDITIONAL COVERAGE SUMMARY DECLARATIONS Policy Number PHPK2553043-018 As per the Property Coverage Part Declarations this Coverage Part provides the following Additional Coverages and Coverage Extensions, subject to the Limits of Insurance shown below. Limits of Insurance Brands and Labels Included in Policy Limits Claim Expenses $ 10,000 Contract Penalty Clause $ 25,000 Computer Property Included in Personal Property Limits Excavation and Landscaping $ 25,000 Fine Arts $ 25,000 Fines for False Alarms $ 5,000 Fire Department Service Charge $ 50,000 Fire, Sprinkler or Burglar Alarm Upgrade $ 50,000 Fish in Aquariums $ 1,000 Glass Included in Policy Limits, except when PI-ULT-030 applies Guard Dogs $ 1,000 Lost Key Replacement $ 2,500 Newly Acquired Property $1,000,000 Blanket Limit Real and Personal Property New Construction $ 500,000 Ordinance or Law – Undamaged Portion Included in Building Limit Ordinance or Law – Demolition $ 250,000 Ordinance or Law – Increased Cost of Construction $ 250,000 Personal Effects – Portable Electronic Equipment – Away from Premises $ 1,000 Personal Effects - Premises $ 25,000 Personal Effects – Spouses $ 500 Personal Effects – Worldwide $ 1,000 Pollutant Cleanup and Removal $ 25,000 Precious Metals $ 2,500 Signs Included in Personal Property Limits Theft Damage to Building Included in Personal Property Limits Utility Service $ 10,000 Voluntary Parting $ 10,000 For the Additional Coverages and Coverage Extensions shown below, if a Superceding Limit of Insurance is shown, that Superceding Limit is the applicable Limit of Insurance. Limits of Insurance Superseding Limits Accounts Receivable $ 250,000 $ Arson Reward $ 25,000 $ Computer Virus Extraction Expense $ 2,500 $ Consequential Damage $ 25,000 $ Debris Removal $ 250,000 $ Personal Property in Transit Personal Property at Locations not Specifically Identified $ 50,000 $ 100,000 $ $ Valuable Papers and Records – Cost of Research $ 250,000 $ UltimateCover Program Blanket Limits Policy Number: PHPK2553043-018 Agent # 3666 ULTIMATECOVER PROPERTY – BLANKET STATEMENT OF VALUES Blanket No. Coverage Limit of Insurance Co- Insurance 1 Building 2 Bus Per Prop 3 Bus Income-Ext $ 10,848,676 $ 183,900 $ 378,162 100% 100% 100% These declarations are part of the policy declarations containing the name of the insured and the policy period. Page 1 of 1 PI-ULTD-006 11.98 Philadelphia Indemnity Insurance Company Form Schedule – UltimateCover Policy Number: PHPK2553043-018 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: Form Edition Description Page 1 of 1 PI-ULTD-002 1198 Property Coverage Part Declarations PI-ULTD-003 1198 Property Coverage Part Extension Of Declarations PI-ULTD-005 0513 Additional Coverage Summary Declarations PI-ULTD-006 1198 UltimateCover Program Blanket Limits CP0090 0788 Commercial Property Conditions CP0140 0706 Exclusion of Loss Due to Virus or Bacteria CP0299 1185 Cancellation Changes PI-ULT-007 1198 Property Coverage Form PI-ULT-008 1198 Causes of Loss Form PI-ULT-009 1198 Crime Coverage Form PI-ULT-010 1198 Business Income with Extra Expense Coverage Form ULT10COV 1198 Business Income with Extra Expense Coinsurance Sched ULT10OPT 1198 Business Income with Extra Expense Optional Cov Sched PI-ULT-015 1198 Agreed Value Endorsement PI-ULT-023 0313 Equipment Breakdown Protection Endorsement PI-ULT-028 1198 Additional Exclusions PI-ULT-072 0321 Limitations On Fungus,Wet Rot, Dry Rot And Bacteria PI-ULT-83 0401 Loss of Income due to Workplace Violence PI-ULT-085 0516 Cap On Losses From Certified Acts Of Terrorism PI-ULT-088 0419 Changes - Electronic Data PI-ULT-142 0813 Collapse - Exclusion And Additional Coverage Re-Stated PI-ULT-148 CA 1016 Equipment Breakdown - Separate Deductible Endorsement PI-ULT-173 0215 Elite Property Enhancement: Human Services PI-ULT-238 0119 Continuous Or Repeated Water Damage Exclusion PI-ULT-257 0322 Flood Redefined Philadelphia Indemnity Insurance Company Form Schedule – Cyber Security Liability Endorsement Policy Number: PHPK2553043-018 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: Form Edition Description Page 1 of 1 PI-CYBE-001 1215 Cyber Security Liability Endorsement PI-EBL-001D (5/99) PHILADELPHIA INDEMNITY INSURANCE COMPANY EMPLOYEE BENEFITS ADMINISTRATION ERRORS AND OMISSIONS INSURANCE DECLARATIONS CLAIMS MADE COVERAGE POLICY NO. PHPK2553043-018 Effective date: 06/01/2025 12:01 A.M. Standard Time LIMIT OF LIABILITY $ 1,000,000 Each Claim $ 1,000,000 Aggregate RETROACTIVE DATE This Insurance Does Not Apply to “Damages” Resulting from an “Employee Benefits Incident” Which Occurred Before the Retroactive Date, If Any, Shown Here: 06/01/2011 (Enter Date or “None” if No Retroactive Date Applies) PREMIUM COMPUTATION: Estimated Number of Employees: 39 Total Premium: $ 300 RATE – EACH EMPLOYEE 000.093 First 5,000 000.070 Next 5,000 000.047 Over 10,000 FORMS AND ENDORSEMENTS (Other than Applicable Forms and Endorsements Shown Elsewhere in the Policy) Forms and Endorsements Applying to this Coverage Part and Made Part of this Policy at Time of Issue: SEE SCHEDULE ATTACHED THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. . Page 1 of 1 Includes Copyrighted Material of the Insurance Service Office, Inc Used with its Permission Philadelphia Indemnity Insurance Company Form Schedule – Employee Benefits Policy Number: PHPK2553043-018 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: Form Edition Description PI-EBL-001D 0599 Employee Benefits Admin Errors And Omissions Ins Dec PI-ARB-1 0403 Binding Arbitration PI-EBL-001 0599 Employee Benefits Administration Errors and Omissions PI-PPL-001 EB 0803 Prior/Pending Litigation And Known Circumstances Excl Page 1 of 1 PI-HS-003D (07/04) PHILADELPHIA INDEMNITY INSURANCE COMPANY HUMAN SERVICES ORGANIZATION PROFESSIONAL LIABILITY COVERAGE PART DECLARATIONS POLICY NO. PHPK2553043-018 Effective Date: 06/01/2025 12:01 A.M. Standard Time LIMITS OF INSURANCE AGGREGAT EACH PROF E LIMIT $ 3,000,000 ESSIONAL INCIDENT LIMIT $ 1,000,000 BUSINESS DESCRIPTION Form of Business: CORPORATION Business Description: Non Profit Organization PREMIUM: $ 2,032.00 FORMS AND ENDORSEMENTS (Other than Applicable Forms and Endorsements Shown Elsewhere in the Policy) Forms and Endorsements Applying to this Coverage Part and Made Part of this Policy at Time of Issue: SEE SCHEDULE THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. Includes Copyrighted Material of the Insurance Service Office, Inc Used with its Permission. Page 1 of 1 Philadelphia Indemnity Insurance Company Form Schedule – Professional Liability Policy Number: PHPK2553043-018 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: Form Edition Description PI-HS-003D 0704 Human Services Org Professional Liability Cov Part Dec PI-ARB-1 0403 Binding Arbitration PI-HS-003 0704 Human Services Organization Professional Liability Cov PI-HS-024 0418 Amendment Of Excl - Prescription/Nonprescription Drugs Page 1 of 1 Philadelphia Indemnity Insurance Company PI-SAM-008D (01/17) ABUSIVE CONDUCT LIABILITY COVERAGE FORM POLICY DECLARATIONS PLEASE READ THIS POLICY CAREFULLY. Policy Number: PHPK2553043-018 Effective date: 06/01/2025 12:01 A.M. Standard Time LIMITS OF INSURANCE: AGGREGATE LIMIT $ 1,000,000 EACH ABUSIVE CONDUCT LIMIT $ 1,000,000 DEDUCTIBLE: $ NONE BUSINESS DESCRIPTION: Form of Business: CORPORATION Business Description: Non Profit Organization PREMIUM: $ 806.00 FORMS AND ENDORSEMENTS (Other than Applicable Forms and Endorsements Shown Elsewhere in the Policy) Forms and Endorsements Applying to this Coverage Part and Made Part of this Policy at Time of Issue: SEE SCHEDULE ATTACHED PI-SAM-008D (01/17) Page 1 of 1 ©2017 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with permission. PI-SAM FORM SCH 1 (05/19) Philadelphia Indemnity Insurance Company Form Schedule – Abusive Conduct Liability Policy Number: PHPK2553043-018 Forms and Endorsements applying to this Coverage Part and made a part of this policy at time of issue: Form Edition Description PI-SAM-008D 0117 Abusive Conduct Liability Coverage Policy Dec PI-ARB-1 0403 Binding Arbitration PI-SAM-008 0519 Abusive Conduct Liability Coverage Form PI-SAM FORM SCH 1 (05/19) Page 1 of 1 PI-BELL-1 (11/09) Page 1 of 8 © 2009 Philadelphia Insurance Companies THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BELL ENDORSEMENT Unless otherwise stated herein, the terms, conditions, exclusions and other limitations set forth in this endorsement are solely applicable to coverage afforded by this endorsement, and the policy is amended as follows: I. SCHEDULE OF ADDITIONAL COVERAGES AND LIMITS The following is a summary of Limits of Liability or Limits of Insurance and/or additional coverages provided by this endorsement. This endorsement is subject to the provisions of the policy to which it is attached. COVERAGE LIMITS OF INSURANCE Business Travel Accident Benefit $50,000 Conference Cancellation $25,000 Donation Assurance $50,000 Emergency Real Estate Consulting Fee $50,000 Fundraising Event Blackout $25,000 Identity Theft Expense $50,000 Image Restoration and Counseling $50,000 Key Individual Replacement Expenses $50,000 Kidnap Expense $50,000 Political Unrest $5,000 per employee: $25,000 policy limit Temporary Meeting Space Reimbursement $25,000 Terrorism Travel Reimbursement $50,000 Travel Delay Reimbursement $1,500 Workplace Violence Counseling $50,000 PI-BELL-1 (11/09) Page 2 of 8 © 2009 Philadelphia Insurance Companies II. CONDITIONS A. Applicability of Coverage Coverage provided by your policy and any endorsements attached thereto is amended by this endorsement where applicable. B. Limits of Liability or Limits of Insurance 1. When coverage is provided by this endorsement and another coverage form or endorsement attached to this policy, the greater limits of liability or limits of insurance will apply. In no instance will multiple limits apply to coverages which may be duplicated within this policy. Additionally, if this policy and any other coverage part or policy issued to you by us, or any company affiliated with us, apply to the same occurrence, offense, wrongful act, accident or loss, the maximum limits of liability or limits of insurance under all such coverage parts or policies combined shall not exceed the highest applicable limits of liability or limits of insurance under any one coverage part or policy. 2. Limits of liability or limits of insurance identified in Section I. SCHEDULE OF ADDITIONAL COVERAGES AND LIMITS above are not excess of, but are in addition to the applicable Limits of Liability or Limits of Insurance stated in the Declarations. C. Claim Expenses Coverages provided herein are not applicable to the generation of claim adjustment costs by you; such as fees you may incur by retaining a public adjuster or appraiser. III. ADDITIONAL COVERAGES A. Business Travel Accident Benefit We will pay a Business Travel Accident Benefit to the insured if a director or officer suffers injury or death while traveling on a common carrier for your business during the policy period. For the purpose of Business Travel Accident Benefit coverage, injury means: 1. Physical damage to the body caused by violence, fracture, or an accident that results in loss of life not later than one hundred eighty (180) days after the policy expiration, the date of cancellation or the date of non-renewal; 2. Accidental loss of limbs or multiple fingers; 3. Total loss of sight, speech or hearing. The limit of insurance for this coverage is $50,000 per policy period for all insureds combined. No deductible applies to this coverage. The Business Travel Accident Benefit shall not be payable if the cause of the injury was: 1. An intentional act by the insured; 2. An act of suicide or attempted suicide; 3. An act of war; or 4. A disease process. PI-BELL-1 (11/09) Page 3 of 8 © 2009 Philadelphia Insurance Companies B. Conference Cancellation We will reimburse the insured for any business-related conference expenses, paid by the insured and not otherwise reimbursed, for a canceled conference that an employee was scheduled to attend. The cancellation must be due directly to a “natural catastrophe” or a “communicable disease” outbreak that forces the cancellation of the conference. With respect to a conference cancellation claim, it is further agreed as follows: 1. The insured employee must have registered for the conference at least thirty (30) days prior to the cancellation; and 2. The cancellation must be ordered by a local, state or federal Board of Health or other governmental authority having jurisdiction over the location of the conference. The limit of insurance for this coverage is $25,000 per policy period for all insureds combined. No deductible applies to this coverage. C. Donation Assurance If the insured is a 501(c)(3) status non-profit organization as defined in the United States Internal Revenue Code, we will reimburse the insured for “failed donation claim(s).” With respect to any “failed donation claim,” it is further agreed as follows: 1. The donor must not have been in bankruptcy, nor have filed for bankruptcy or reorganization in the past seven (7) years prior to the time said pledge was made to the insured; 2. For non-cash donations, our payment of a “failed donation claim” shall be based on the fair market value of said non-cash donation at the time of the “failed donation claim”; 3. In the case of unemployment or incapacitation of a natural person donor and as a condition of payment of the “failed donation claim”: a. Neither the natural person donor nor the insured shall have had reason to believe the donor would become unemployed or incapacitated subsequent to the donation date; and b. The donor shall be unemployed for at least sixty (60) days prior to a claim being submitted by the insured; 4. No coverage shall be afforded for a written pledge of funds or other measurable, tangible property to the insured dated prior to the policy period; and 5. A donation amount which is to be collected by the insured over more than a twelve (12) month period shall be deemed a single donation. The limit of insurance for this coverage is $50,000 per policy period for all insureds combined. No deductible applies to this coverage. D. Emergency Real Estate Consulting Fee We will reimburse the insured any realtor’s fee or real estate consultant’s fee necessitated by the insured’s need to relocate due to the “unforeseeable destruction” of the insured’s “principal location” listed in the Declarations during the policy period. The limit of insurance for this PI-BELL-1 (11/09) Page 4 of 8 © 2009 Philadelphia Insurance Companies coverage is $50,000 per policy period for all insureds combined. No deductible applies to this coverage. E. Fundraising Event Blackout We will reimburse the insured for “fundraising expenses” that are incurred due to the cancellation of a fundraising event caused by the lack of electric supply resulting in a power outage, provided the fundraising event is not re-scheduled. The fundraising event must have been planned at least thirty (30) days prior to the power outage. The limit of insurance for this coverage is $25,000 per policy period for all insureds combined. No deductible applies to this coverage. F. Identity Theft Expense We will reimburse any present director or officer of the named insured for “identity theft expenses” incurred as the direct result of any “identity theft” first discovered and reported during the policy period; provided that it began to occur subsequent to the effective date of the insured’s first policy with us. The limit of insurance for this coverage is $50,000 per policy period for all insureds combined. No deductible applies to this coverage. G. Image Restoration and Counseling We will reimburse the insured for expenses incurred for image restoration and counseling arising out of “improper acts” by any natural person. Covered expenses are limited to: 1. The costs of rehabilitation and counseling for the accused natural person insured, provided the natural person insured is not ultimately found guilty of criminal conduct; this reimbursement to occur after acquittal of the natural person insured; 2. The costs charged by a recruiter or expended on advertising, for replacing an officer as a result of “improper acts”; and 3. The costs of restoring the named insured’s reputation and consumer confidence through image consulting. The limit of insurance for this coverage is $50,000 per policy period for all insureds combined. No deductible applies to this coverage. H. Key Individual Replacement Expenses We will pay “key individual replacement expenses” if the Chief Executive Officer or Executive Director suffers an “injury” during the policy period which results in the loss of life during the policy period. The limit of insurance for this coverage is the lesser of $50,000 or ten (10) times the annual premium paid for this policy. No deductible applies to this coverage. I. Kidnap Expense We will pay on behalf of any director or officer of the insured, reasonable fees incurred as a result of the kidnapping of them or their spouse, “domestic partner,” parent or child during the policy period. Coverage will not apply to any kidnapping by or at the direction of any present or former family member of the victim. Reasonable fees will include: PI-BELL-1 (11/09) Page 5 of 8 © 2009 Philadelphia Insurance Companies 1. Fees and costs of independent negotiators; 2. Interest costs for any loan from a financial institution taken by you to pay a ransom demand or extortion threat; 3. Travel costs and accommodations incurred by the named insured; 4. Reward money paid to an informant which leads to the arrest and conviction of parties responsible for loss covered under this insurance; and 5. Salary, commissions and other financial benefits paid by you to a director or officer. Such compensation applies at the level in effect on the date of the kidnap and ends upon the earliest of: a. Up to thirty (30) days after their release, if the director or officer has not yet returned to work; b. Discovery of their death; c. One hundred twenty (120) days after the last credible evidence following abduction that they are still alive; or d. Twelve (12) months after the date of the kidnapping. The limit of insurance for this coverage is $50,000 each policy period for all insureds combined. No deductible applies to this coverage. J. Political Unrest Coverage We will reimburse any present director, officer, employee or volunteer of the named insured while traveling outside the United States of America for “emergency evacuation expenses” that are incurred as a result of an incident of “political unrest.” This “political unrest” must occur during the policy period. No coverage is granted for travel to countries in a state of “political unrest” at the time of departure of the travel. The limit of insurance for this coverage is $5,000 per covered person, subject to a maximum of $25,000 per policy period for all insureds combined. No deductible applies to this coverage. K. Temporary Meeting Space Reimbursement We will reimburse the insured for rental of meeting space which is necessitated by the temporary unavailability of the insured’s primary office space due to the failure of a climate control system, or leakage of a hot water heater during the policy period. Coverage will exist only for the renting of temporary meeting space required for meeting with parties who are not insured under this policy. The limit of insurance for this coverage is $25,000 per policy period for all insureds combined. No deductible applies to this coverage. L. Terrorism Travel Reimbursement We will reimburse any present director or officer of the named insured in the event of a “certified act of terrorism” during the policy period which necessitates that he/she incurs “emergency travel expenses.” The limit of insurance for this coverage is $50,000 per policy period for all insureds combined. No deductible applies to this coverage. PI-BELL-1 (11/09) Page 6 of 8 © 2009 Philadelphia Insurance Companies M. Travel Delay Reimbursement We will reimburse any present director or officer of the named insured for any “non - reimbursable expenses” they incur as a result of the cancellation of any regularly scheduled business travel on a common carrier. The limit of insurance for this coverage is $1,500 per policy period for all insureds combined. A seventy-two (72) hour waiting period deductible applies to this coverage. N. Workplace Violence Counseling We will reimburse the insured for emotional counseling expenses incurred directly as a result of a “workplace violence” incident at any of the insured’s premises during the policy period. The emotional counseling expenses incurred must have been for: 1. Your employees who were victims of, or witnesses to the “workplace violence”; 2. The spouse, “domestic partner,” parents or children of your employees who were victims of, or witnesses to the “workplace violence”; and 3. Any other person or persons who directly witnessed the “workplace violence” incident. The limit of insurance for this coverage is $50,000 per policy period for all insureds combined. No deductible applies to this coverage. IV. DEFINITIONS For the purpose of this endorsement, the following definitions apply: A. “Certified act of terrorism” means any act so defined under the Terrorism Risk Insurance Act, and its amendments or extensions. B. “Communicable disease” means an illness, sickness, condition or an interruption or disorder of body functions, systems or organs that is transmissible by an infection or a contagion directly or indirectly through human contact, or contact with human fluids, waste, or similar agent, such as, but not limited to Meningitis, Measles or Legionnaire’s Disease. C. “Domestic partner” means any person who qualifies as a domestic partner under the provisions of any federal, state or local statute or regulation, or under the terms and provisions of any employee benefit or other program established by the named insured. D. “Emergency evacuation expenses” mean: 1. Additional lodging expenses; 2. Additional transportation costs; 3. The cost of obtaining replacements of lost or stolen travel documents necessary for evacuation from the area of “political unrest”; and 4. Translation services, message transmittals and other communication expenses. provided that these expenses are not otherwise reimbursable. E. “Emergency travel expenses” mean: PI-BELL-1 (11/09) Page 7 of 8 © 2009 Philadelphia Insurance Companies 1. Hotel expenses incurred which directly result from the cancellation of a scheduled transport by a commercial transportation carrier, resulting directly from and within forty-eight (48) hours of a “certified act of terrorism”; and 2. The increased amount incurred which may result from re-scheduling comparable transport, to replace a similarly scheduled transport canceled by a commercial transportation carrier in direct response to a “certified act of terrorism”; provided that these expenses are not otherwise reimbursable. F. “Failed donation claim” means written notice to the insured during the policy period of: 1. The bankruptcy or reorganization of any donor whereby such bankruptcy or reorganization prevents the donor from honoring a prior written pledge of funds or other measurable, tangible property to the insured; or 2. The unemployment or incapacitation of a natural person donor preventing him/her from honoring a prior written pledge of funds or other measurable, tangible property to the insured. G. “Fundraising expenses” mean deposits forfeited and other charges paid by you for catering services, property and equipment rentals and related transport, venue rentals, accommodations (including travel), and entertainment expenses less any deposits or other fees refunded or refundable to you. H. “Identity theft” means the act of knowingly transferring or using, without lawful authority, a means of identification of any director or officer (or spouse or “domestic partner” thereof) of the named 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. I. “Identity theft expenses” mean: 1. Costs for notarizing affidavits or similar documents attesting to fraud required by financial institutions or similar credit grantors or credit agencies; 2. Costs for certified mail to law enforcement agencies, credit agencies, financial institutions or similar credit grantors; and 3. Loan application fees for re-applying for a loan or loans when the original application is rejected solely because the lender received incorrect credit information. J. “Improper acts” means any actual or alleged act of: 1. Sexual abuse; 2. Sexual intimacy; 3. Sexual molestation; or 4. Sexual assault; committed by an insured against any natural person who is not an insured. Such “improper acts” must have been committed by the insured while in his or her capacity as an insured. K. “Injury” whenever used in this endorsement, other than in Section III. A. Business Travel, PI-BELL-1 (11/09) Page 8 of 8 © 2009 Philadelphia Insurance Companies means any physical damage to the body caused by violence, fracture or an accident. L. “Key individual replacement expenses” mean the following necessary expenses: 1. Costs of advertising the employment position opening; 2. Travel, lodging, meal and entertainment expenses incurred in interviewing job applicants for the employment position opening; and 3. Miscellaneous extra expenses incurred in finding, interviewing and negotiating with the job applicants, including, but not limited to, overtime pay, costs to verify the background and references of the applicants and legal expenses incurred to draw up an employment contract. M. “Natural catastrophe” means hurricane, tornado, earthquake or flood. N. “Non-reimbursable expenses” means the following travel-related expenses incurred after a seventy-two (72) hour waiting period, beginning from the time documented on the proof of cancellation, and for which your director or officer produces a receipt: 1. Meals and lodging; 2. Alternative transportation; 3. Clothing and necessary toiletries; and 4. Emergency prescription and non-prescription drug expenses. O. “Political unrest” means: 1. A short-term condition of disturbance, turmoil or agitation within a foreign country that poses imminent risks to the security of citizens of the United States; 2. A long-term condition of disturbance, turmoil or agitation that makes a foreign country dangerous or unstable for citizens of the United States; or 3. A condition of disturbance, turmoil or agitation in a foreign country that constrains the United States Government’s ability to assist citizens of the United States, due to the closure or inaccessibility of an embassy or consulate or because of a reduction of its staff for which either an alert or travel warning has been issued by the United States Department of State. P. “Principal location” means the headquarters, home office or main location where most business is substantially conducted. Q. “Unforeseeable destruction” means damage resulting from a “certified act of terrorism,” fire, collision or collapse which renders all of the insured’s “principal locations” completely unusable. R. “Workplace violence” means any intentional use of or threat to use deadly force by any person with intent to cause harm and that results in bodily “injury” or death of any person while on the insured’s premises. PI-CME-1 (10/09) Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CRISIS MANAGEMENT ENHANCEMENT ENDORSEMENT Unless otherwise stated herein, the terms, conditions, exclusions and other limitations set forth in this endorsement are solely applicable to coverage afforded by this endorsement, and the policy is amended as follows: Solely for the purpose of this endorsement: 1) The words “you” and “your” refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. 2) The words “we,” “us” and “our” refer to the company providing this insurance. I. SCHEDULE OF ADDITIONAL COVERAGE AND LIMITS The following is the Limit of Liability provided by this endorsement. This endorsement is subject to the provisions of the policy to which it is attached. Crisis Management Expense $25,000 II. CONDITIONS A. Applicability of Coverage Coverage provided by your policy and any endorsements attached thereto is amended by this endorsement where applicable. All other terms and conditions of the policy or coverage part to which this endorsement is attached remain unchanged. B. Limits of Liability or Limits of Insurance When coverage is provided by this endorsement and any other coverage form or endorsement attached to this policy, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Liability or Limit of Insurance. C. Claim Expenses Coverages provided herein are not applicable to the generation of claim adjustment costs by you; such as fees you may incur by retaining a public adjuster or appraiser. III. ADDITIONAL COVERAGES A. We will reimburse you for “crisis management emergency response expenses” incurred because of an “incident” giving rise to a “crisis” to which this insurance applies. The amount of such reimbursement is limited as described in Section II. CONDITIONS, B. Limits of Liability or Limits of Insurance. No other obligation or liability to pay sums or perform acts or services is covered. B. We will reimburse only those “crisis management emergency response expenses” which are incurred during the policy period as shown in the Declarations of the policy to which this coverage is attached and reported to us within six (6) months of the date the “crisis” was initiated. PI-CME-1 (10/09) Page 2 of 2 IV. DEFINITIONS A. “Crisis” means the public announcement that an “incident” occurred on your premises or at an event sponsored by you. B. “Crisis management emergency response expenses” mean those expenses incurred for services provided by a “crisis management firm.” However, “crisis management emergency response expenses” shall not include compensation, fees, benefits, overhead, charges or expenses of any insured or any of your employees, nor shall “crisis management emergency response expenses” include any expenses that are payable on your behalf or reimbursable to you under any other valid and collectible insurance. C. “Crisis management firm” means any service provider you hire that is acceptable to us. Our consent will not be unreasonably withheld. D. “Incident” means an accident or other event, including the accidental discharge of pollutants, resulting in death or serious bodily injury to three or more persons. E. “Serious bodily injury” means any injury to a person that creates a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. IL 00 17 11 98 IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or de- livering to us advance written notice of cancel- lation. 2. We may cancel this policy by mailing or deliv - ering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of pre- mium; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suf- ficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara- tions is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in- sured. If you die, your rights and duties will be trans- ferred to your legal representative but only while acting within the scope of duties as your legal rep- resentative. Until your legal representative is ap- pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 21 09 08 IL 00 21 09 08 © ISO Properties, Inc., 2007 Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage": (1) With respect to which an "insured" under the policy is also an insured under a nu- clear energy liability policy issued by Nu- clear Energy Liability Insurance Associa- tion, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Associa- tion of Canada or any of their successors, or would be an insured under any such pol- icy but for its termination upon exhaustion of its limit of liability; or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is re- quired to maintain financial protection pur- suant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "in- sured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organi- zation. B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily in- jury" resulting from the "hazardous properties" of "nuclear material" and arising out of the op- eration of a "nuclear facility" by any person or organization. C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazard- ous properties" of "nuclear material", if: (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on be- half of, an "insured" or (b) has been dis- charged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time pos- sessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an "insured"; or (3) The "bodily injury" or "property damage" arises out of the furnishing by an "insured" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nu- clear facility", but if such facility is located within the United States of America, its terri- tories or possessions or Canada, this ex- clusion (3) applies only to "property dam- age" to such "nuclear facility" and any property thereat. 2. As used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "spe- cial nuclear material" or "by-product material". Page 2 of 2 © ISO Properties, Inc., 2007 IL 00 21 09 08 "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel com- ponent, solid or liquid, which has been used or ex - posed to radiation in a "nuclear reactor". "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentra- tion of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or or- ganization of any "nuclear facility" included under the first two paragraphs of the definition of "nu- clear facility". "Nuclear facility" means: (a) Any "nuclear reactor"; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel", or (3) handling, processing or packag- ing "waste"; (c) Any equipment or device used for the proc- essing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto- nium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radioac- tive contamination of property. IL 01 02 02 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES – ACTUAL CASH VALUE This endorsement modifies insurance provided under the following: IL 01 02 02 20 © Insurance Services Office, Inc., 2019 Page 1 of 1 CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART STANDARD PROPERTY POLICY With respect to an "open policy", the following are added to any provision which uses the term actual cash value: A. In the event of a partial or total loss to a building or structure, actual cash value is calculated as the lesser of the following: 1. The amount it would cost to repair, rebuild or replace the property less a fair and reasonable deduction for physical depreciation of the components of the building or structure that are normally subject to repair or replacement during its useful life. Physical depreciation is based upon the condition of the property at the time of the loss; or 2. The Limit of Insurance applicable to the property. B. In the event of a partial or total loss to Covered Property other than a building or structure, actual cash value is calculated as the lesser of the following: 1. The amount it would cost to repair or replace the property less a fair and reasonable deduction for physical depreciation, based on the condition of the property at the time of loss; or 2. The Limit of Insurance applicable to the property. C. An "open policy" is a policy under which the value of Covered Property is not fixed at policy inception, but is determined at the time of loss in accordance with policy provisions on valuation. The term "open policy" does not apply to Covered Property that is subject to an Agreed Value clause or similar clause that establishes an agreed value prior to loss, unless such clause has expired. IL 01 03 06 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES – ACTUAL CASH VALUE This endorsement modifies insurance provided under the following: IL 01 03 06 99 Copyright, Insurance Services Office, Inc., 1999 Page 1 of 1 BOILER AND MACHINERY COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART STANDARD PROPERTY POLICY The following is added to any provision which uses the term actual cash value: Actual cash value is calculated as the amount it would cost to repair or replace Covered Property, at the time of loss or damage, with material of like kind and quality, subject to a deduction for deterioration, depreciation and obsolescence. Actual cash value applies to valuation of Covered Property regardless of whether that property has sustained partial or total loss or damage. The actual cash value of the lost or damaged prop- erty may be significantly less than its replacement cost. IL 01 03 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES – ACTUAL CASH VALUE This endorsement modifies insurance provided under the following: IL 01 03 09 07 © ISO Properties, Inc., 2006 Page 1 of 1 CRIME AND FIDELITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART The following is added to any provision which uses the term actual cash value: Actual cash value is calculated as the amount it would cost to repair or replace Covered Property, at the time of loss or damage, with material of like kind and qual- ity, subject to a deduction for deterioration, deprecia- tion and obsolescence. Actual cash value applies to valuation of Covered Property regardless of whether that property has sustained partial or total loss or damage. The actual cash value of the lost or damaged property may be significantly less than its replacement cost. IL 01 04 07 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IL 01 04 07 20 © Insurance Services Office, Inc., 2020 Page 1 of 2 CALIFORNIA CHANGES This endorsement modifies insurance provided under the following: COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART – FARM PROPERTY – OTHER FARM PROVISIONS FORM – ADDITIONAL COVERAGES, CONDITIONS, DEFINITIONS FARM COVERAGE PART – LIVESTOCK COVERAGE FORM FARM COVERAGE PART – MOBILE AGRICULTURAL MACHINERY AND EQUIPMENT COVERAGE FORM STANDARD PROPERTY POLICY A. When this endorsement is attached to the Standard Property Policy CP 00 99 the term Coverage Part in this endorsement is replaced by the term Policy. B. The Concealment, Misrepresentation Or Fraud Condition is replaced by the following with respect to loss ("loss") or damage caused by fire: We do not provide coverage to the insured ("insured") who, whether before or after a loss ("loss"), has committed fraud or intentionally concealed or misrepresented any material fact or circumstance concerning: 1. This Coverage Part; 2. The Covered Property; 3. That insured's ("insured's") interest in the Covered Property; or 4. A claim under this Coverage Part or Coverage Form. C. The Concealment, Misrepresentation Or Fraud Condition is replaced by the following with respect to loss ("loss") or damage caused by a Covered Cause of Loss other than fire: This Coverage Part is void if any insured ("insured"), whether before or after a loss ("loss"), has committed fraud or intentionally concealed or misrepresented any material fact or circumstance concerning: 1. This Coverage Part; 2. The Covered Property; 3. An insured's ("insured's") interest in the Covered Property; or 4. A claim under this Coverage Part or Coverage Form. D. Except as provided in E., the Appraisal Condition is replaced by the following: If we and you disagree on the value of the property or the actual cash value or the amount of loss ("loss"), either may make written request for an appraisal of the loss ("loss"). In this event, each party will select a competent and impartial appraiser. However, in the event of a government- declared disaster, as defined in the Government Code, appraisal may be requested by either you or us but shall not be compelled. Each party shall notify the other of the appraiser selected within 20 days of the request. The two appraisers will select an umpire. If they cannot agree within 15 days, either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the value of the property and actual cash value and amount of loss ("loss"). If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will set the amount of actual cash value and loss ("loss") and will be binding. Each party will: 1. Pay its chosen appraiser; and Page 2 of 2 © Insurance Services Office, Inc., 2020 IL 01 04 07 20 2. Bear the other expenses of the appraisal and umpire equally. If there is an appraisal, we will still retain our right to deny the claim. E. The Appraisal Condition in: 1. Business Income (And Extra Expense) Coverage Form CP 00 30; and 2. Business Income (Without Extra Expense) Coverage Form CP 00 32; is replaced by the following: If we and you disagree on the amount of Net Income and operating expense or the amount of loss, either may make written request for an appraisal of the loss. If the request is accepted, each party will select a competent and impartial appraiser. Each party shall notify the other of the appraiser selected within 20 days of the request. The two appraisers will select an umpire. If they cannot agree within 15 days, either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the amount of Net Income and operating expense or 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: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If there is an appraisal, we will still retain our right to deny the claim. IL 02 70 07 20 © Insurance Services Office, Inc., 2020 Page 1 of 4 IL 02 70 07 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES – CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following: 2. All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, advance written notice of cancellation, stating the reason for cancellation, at least: a. 10 days before the effective date of cancellation if we cancel for: (1) Nonpayment of premium; or (2) Discovery of fraud by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. All Policies In Effect For More Than 60 Days a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: (1) Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks. (2) Discovery of fraud or material misrepresentation by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. (3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. Page 2 of 4 © Insurance Services Office, Inc., 2020 IL 02 70 07 20 (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your representative, which materially increase any of the risks insured against. (5) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. (6) A determination by the Commissioner of Insurance that the: (a) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or (b) Continuation of the policy coverage would: (i) Place us in violation of California law or the laws of the state where we are domiciled; or (ii) Threaten our solvency. (7) A change by you or your representative in the activities or property of the 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. b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud; or (2) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a. B. The following provision is added to the Cancellation Common Policy Condition: 7. Residential Property This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part – Farm Property – Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. If such coverage has been in effect for 60 days or less, and is not a renewal of coverage we previously issued, we may cancel this coverage for any reason, except as provided in b. and c. below. b. We may not cancel this policy solely because the first Named Insured has: (1) Accepted an offer of earthquake coverage; or (2) Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA) that included an earthquake policy premium surcharge. However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil conditions exist on the premises. This restriction (c.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Commercial Property Coverage Part – Causes Of Loss – Special Form; or (2) Farm Coverage Part – Causes Of Loss Form – Farm Property, Paragraph D. Covered Causes Of Loss – Special. IL 02 70 07 20 © Insurance Services Office, Inc., 2020 Page 3 of 4 d. If a state of emergency under California Law is declared and the residential property is located in any ZIP Code within or adjacent to the fire perimeter, as determined by California Law, we may not cancel this policy for one year, beginning from the date the state of emergency is declared, solely because the dwelling or other structure is located in an area in which a wildfire has occurred. However, we may cancel: (1) When you have not paid the premium, at any time by letting you know at least 10 days before the date cancellation takes effect; (2) If willful or grossly negligent acts or omissions by the Named Insured, or his or her representatives, are discovered that materially increase any of the risks insured against; or (3) If there are physical changes in the property insured against, beyond the catastrophe-damaged condition of the structures and surface landscape, which result in the property becoming uninsurable. C. The following is added and supersedes any provisions to the contrary: Nonrenewal 1. Subject to the provisions of Paragraphs C.2. and C.3. below, if we elect not to renew this policy, we will mail or deliver written notice, stating the reason for nonrenewal, to the first Named Insured shown in the Declarations, and to the producer of record, at least 60 days, but not more than 120 days, before the expiration or anniversary date. We will mail or deliver our notice to the first Named Insured, and to the producer of record, at the mailing address shown in the policy. 2. Residential Property This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part – Farm Property – Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. If this policy provides coverage as described in the preceding paragraph, and we elect not to renew this policy, we will mail or deliver written notice, stating the reason for nonrenewal, to the first Named Insured shown in the Declarations, and to the producer of record, at the mailing address shown in the policy, at least 75 days, but not more than 120 days, before the expiration or anniversary date. If we fail to give the first Named Insured shown in the Declarations notice of nonrenewal at least 75 days prior to the policy expiration, as required in the paragraph above, this policy, with no change in its terms and conditions, shall remain in effect for 75 days from the date that the notice of nonrenewal is delivered or mailed to the Named Insured. A notice to this effect shall be provided by us to the first Named Insured with the notice of nonrenewal. b. We may elect not to renew such coverage for any reason, except as provided in Paragraphs c., d. and e. below. c. We will not refuse to renew such coverage solely because the first Named Insured has accepted an offer of earthquake coverage. However, the following applies only to insurers who are associate participating insurers as established by Cal. Ins. Code Section 10089.16. We may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage, if one or more of the following reasons applies: (1) The nonrenewal is based on sound underwriting principles that relate to the coverages provided by this policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law; Page 4 of 4 © Insurance Services Office, Inc., 2020 IL 02 70 07 20 (2) The Commissioner of Insurance finds that the exposure to potential losses will threaten our solvency or place us in a hazardous condition. A hazardous condition includes, but is not limited to, a condition in which we make claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least 25% for payment of those claims; or (3) We have: (a) Lost or experienced a substantial reduction in the availability or scope of reinsurance coverage; or (b) Experienced a substantial increase in the premium charged for reinsurance coverage of our residential property insurance policies; and the Commissioner has approved a plan for the nonrenewals that is fair and equitable, and that is responsive to the changes in our reinsurance position. d. We will not refuse to renew such coverage solely because the first Named Insured has cancelled or did not renew a policy, issued by the California Earthquake Authority, that included an earthquake policy premium surcharge. e. We will not refuse to renew such coverage solely because corrosive soil conditions exist on the premises. This restriction (e.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Commercial Property Coverage Part – Causes Of Loss – Special Form; or (2) Farm Coverage Part – Causes Of Loss Form – Farm Property, Paragraph D. Covered Causes Of Loss – Special. f. If a state of emergency under California Law is declared and the residential property is located in any ZIP Code within or adjacent to the fire perimeter, as determined by California Law, we may not nonrenew this policy for one year, beginning from the date the state of emergency is declared, solely because the dwelling or other structure is located in an area in which a wildfire has occurred. However, we may nonrenew: (1) If willful or grossly negligent acts or omissions by the Named Insured, or his or her representatives, are discovered that materially increase any of the risks insured against; (2) If losses unrelated to the postdisaster loss condition of the property have occurred that would collectively render the risk ineligible for renewal; or (3) If there are physical changes in the property insured against, beyond the catastrophe-damaged condition of the structures and surface landscape, which result in the property becoming uninsurable. 3. We are not required to send notice of nonrenewal in the following situations: a. If the transfer or renewal of a policy, without any changes in terms, conditions or rates, is between us and a member of our insurance group. b. If the policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph C.1. c. If you have obtained replacement coverage, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. e. If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f. If we have made a written offer to the first Named Insured, in accordance with the timeframes shown in Paragraph C.1., to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%. IL 09 52 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 1 IL 09 52 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: BOILER AND MACHINERY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART STANDARD PROPERTY POLICY A. Cap On Certified Terrorism Losses "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 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. B. Application Of Exclusions The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Part or Policy, such as losses excluded by the Nuclear Hazard Exclusion or the War And Military Action Exclusion. PI-ACL-001 (12/18) PI-ACL-001 (12/18) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE CYBER LIABILITY AND ELECTRONIC EXCLUSION The following exclusion applies to all coverages afforded under this policy: This insurance does not apply to any loss, cost, expense, fine, penalty, error and omission, or damage alleging, arising out of or from, attributable to, or giving rise to: (1) Any access to, collection or disclosure of, or failure to erase any person's or organization's confidential or personal information, including but not limited to patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information, biometrics, or any other type of nonpublic information; or (2) Business interruption or suspension of operations as caused by any access, unauthorized access, lack of access, delay in access, damage, manipulation, loss, or impairment to Electronic Data or Electronic Media; or (3) Cyber Extortion; or (4) A Privacy Breach; or (5) A Security Breach; or (6) Any fraudulent communication through Electronic Media that impersonates any person or organization, including but not limited to phishing or other social engineering techniques or otherwise; or (7) Any computer code, software, or programming; or (8) Any Security Breach that results in any electronic thing or device or Electronic Media malfunctioning, improperly functioning, non-functioning, failing to perform as the intended user desired, or being electronically manipulated to perform in a way that causes harm to the insured or others; or (9) The loss, loss of use, misuse, delay, manipulation, corruption, damage, alteration, destruction, distortion, erasure, or theft of, or inability to access or manipulate Electronic Data or Electronic Media as a result of Cyber Extortion; or Privacy Breach; or Security Breach (10) Any failure of utilities based upon, arising out of, or attributable to any mechanical or electrical failure, interruption, or outage, however caused, including but not limited to any electrical power interruption or surge, brownout, blackout, short circuit, over voltage, or power fluctuation or outage to gas, water, telephone, cable, satellite, telecommunications, the internet, or any component thereof, including but not limited to hardware, software, or any other infrastructure as a result of Cyber Extortion; or Privacy Breach; or Security Breach. (11) This exclusion applies even if damages are claimed for notification costs, errors or omissions, credit monitoring expenses, forensic expenses, public relations expenses, or any other loss, cost, or expense incurred by the insured or others arising out of that which is described in Paragraphs (1) through (10) above. As used in this exclusion, the following definitions apply: Page 1 of 3 @2018 Philadelphia Consolidated Holding Corp. PI-ACL-001 (12/18) PI-ACL-001 (12/18) Computer hardware means the physical components of any computer system including CPU’s, memory storage devices, storage media, and input/output devices and other peripheral devices and components including but not limited to cable, connectors, fiber optics, networking equipment, electronic data storage devices, input and output devices, backup facilities, wire, power supply units, keyboards, display monitors and audio speakers. Computer system means an electronic, wireless, web or similar systems (including all computer hardware, computer programs and electronic data) used to process data or information in an analog, digital, electronic or wireless format, including but not limited to, associated input and output devices, data storage devices, networking equipment, wired or wireless peripherals, electronic backup facilities, and media libraries, that is owned or leased, operated and controlled by the insured or operated by an independent contractor authorized to provide Business Process Outsourcing services or outsourced Information Technology services for the insured. Corporate Information Breach means the public disclosure of an organization’s non-public information. Cyber Extortion means any threat or connected series of threats communicated to the insured for the purpose of demanding money, securities, or property, including but not limited to threats to release, divulge, disseminate, corrupt, damage or destroy Electronic Data or Electronic Media; introduce malware or malicious code into the insured’s computer system; electronically communicate with the insured’s customers in order to fraudulently obtain personal information, money, securities or property; or restrict or hinder access to the insured’s computer system, Electronic Data or Electronic Media, including but not limited to ransomware. Denial of service means unauthorized or unexpected interference or malicious attack by any person(s) or entity(ies) that restricts or prevents access to a computer system by persons or entities authorized to gain access to the computer system or electronic data. Electronic Data means information, facts, blockchain, crypto currencies, or computer programs stored as or on, created or used on, or transmitted to or from computer software, including but not limited to systems and applications software, hard or floppy disks, CD-ROMs, DVDs, external drives, USB sticks, tapes, drives, cells, microchip, data processing devices, or any other media which are used with electronically controlled equipment. The term computer programs, referred to in the foregoing description of Electronic Data, means a set of related electronic instructions which direct the operations and functions of a computer or device connected to it, which enable the computer or device to receive, process, store, retrieve, or send data. Electronic Media means broadcast or storage media that take advantage of electronic technology. They include television, radio, Internet, fax, Bluetooth, GPS, audio beacons, electronic data, and any other medium that requires electricity or digital encoding of information. .Malicious code means unauthorized and corrupting or harmful computer code, including but not limited to computer viruses, spyware, Trojan horses, worms, logic bombs, and mutations of any of the preceding. Page 2 of 3 @2018 Philadelphia Consolidated Holding Corp. PI-ACL-001 (12/18) PI-ACL-001 (12/18) Privacy Breach means a common law or statutory breach of confidence or violation of any common law or statutory rights to privacy, including but not limited to breach of a privacy policy, breach of a person’s right of publicity, misappropriation of likeness, false light, intrusion upon a person’s seclusion, or public disclosure of a person’s or animal’s private information. Privacy Breach will also include a Corporate Information Breach. Security breach means: 1. Unauthorized access of the insured’s computer system or unauthorized use of computer systems including unauthorized access or unauthorized use resulting from the theft of a password from the insured’s computer system; 2. A denial of service attack against your computer systems; or 3. Infection of the insured’s computer system by malicious code or transmission of malicious code from the insured’s computer systems, whether any of the foregoing is a specifically targeted attack or a generally distributed attack. Unauthorized access means the gaining of access to a computer system by an unauthorized person or persons. Unauthorized use means the use of a computer system by an unauthorized person or persons or an authorized person in an unauthorized manner. This Endorsement is an absolute exclusion for cyber liability, Electronic Data, Electronic Media and Security Breaches. This Endorsement applies except if coverage is specifically and affirmatively provided in the following coverage forms or endorsements issued by us and only in respect to the coverage afforded in those coverage forms or endorsements. In no event will this Endorsement broaden any coverage afforded in any coverage form or endorsement: • Cyber Security Liability Coverage Form • Cyber Security Liability Endorsement • Building and Personal Property Coverage Form • Fraudulent Inducement Insuring Agreement • Fraudulent Inducement Insuring Agreement - Broad Form • Fraudulent Impersonation • Fraudulent Impersonation Ultimate Cover • Business Income and Extra Expense Coverage Form • Computer Coverage Form All other terms and conditions remain unchanged. Page 3 of 3 @2018 Philadelphia Consolidated Holding Corp. PI-HS-029 (02/20) PI-HS-029 (02/20) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION – ADOPTION AND FOSTER CARE OPERATIONS I. The following exclusion applies to all coverages afforded in any Coverage Part, Coverage Form or endorsement issued by us, if you are engaged in any “adoption or foster care services” unless: A. You have disclosed such services in your application for coverage; and B. We have agreed to provide coverage for such services. Even if the Conditions in A. and B. above are met, under no circumstances is there coverage for any individual (or any entity formed by such individual) who is acting as a foster parent or providing temporary housing or supplemental care to a foster child, unless that individual is your “employee” while acting within the scope of their employment by you. II. EXCLUSION This insurance does not apply to any loss, cost, expense, fine, penalty, act, error and omission, sum, or damage alleging, arising out of or from, attributable to, or giving rise to any injury sustained by any person or organization and which is: A. Caused by alleged, actual or threatened abuse or molestation by anyone; B. The result of any “professional incident”; C. The result of any “bodily injury,” “property damage” or “personal and advertising injury”; D. Otherwise assumed as a result of any transfer to a third party of a contract or agreement to provide adoption or foster care placement services; or E. The result of providing any referral(s) to any other organization, If such claim results from your providing any “adoption or foster care services.” We shall not have any duty to defend any “suit” against any insured on account of any such injury. III. ADDITIONAL DEFINITIONS For the purpose of this endorsement, the following additional definitions apply: A. “Adoption or foster care services” means services that include but are not limited to, any of the following: 1. The assessment, investigation, or licensing of any birth parent, prospective adoptive parent or family, prospective or current foster parent or family or child; 2. The placement of any child, whether through adoption, foster care, surrogacy and/or donor services; 3. “Adoption case management”; 4. “Foster care case management”; or PI-HS-029 (02/20) PI-HS-029 (02/20) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with permission. 5. Providing temporary housing or supplemental care to a foster child. Supplemental care includes any in-home visit conducted by any insured after placement of an adoptive or foster child regardless of whether or not the insured was involved in the investigation of the foster family or the placement of the child. Foster child does not include clients who are age 18 or older, and diagnosed as developmentally disabled. B. “Adoption case management” means services that include but are not limited to: 1. Interviewing clients and assessing their capabilities, problems and situations to determine the services required; 2. Providing comprehensive adoption services to families; 3. Counseling individuals regarding issues of physical abuse, mental health, unemployment, poverty and other problems; 4. Maintaining case history records and preparing detailed reports; and 5. Helping in the recruitment, assessment and licensing of adoptive families. C. “Foster care case management” means services that include but are not limited to: 1. Linking families to resources in the community; 2. Overseeing the family’s progress towards reunification by monitoring and adjusting services; 3. Monitoring each child’s safety and stability in the foster placement; 4. Providing information and recommendations to the Family Court in legal proceedings; and 5. Helping in the recruitment, assessment and licensing of foster families. All other terms, conditions and definitions of the policy remain unchanged. This endorsement supersedes anything to the contrary. PI-PROF-002 (06/20) PI-PROF-002 (06/20) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE COMMUNICABLE DISEASE EXCLUSION PROFESSIONAL LIABILITY The following exclusion applies to all professional liability coverages afforded in any coverage form or endorsement issued by us. When the applicable professional liability coverage: A. Contains a communicable disease exclusion, it is deleted in its entirety and replaced with the following; or B. Does not contain a communicable disease exclusion, the following is added: This insurance does not apply to any loss, cost, expense, fine, penalty, act, error or omission, or damage arising out of the actual, alleged, threatened or suspected transmission of a communicable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the: 1. Supervising, hiring, employing, training or monitoring of others that may be infected with and spread a communicable disease; 2. Testing for a communicable disease; 3. Failure to prevent the spread of the disease; or 4. Failure to report the disease to authorities. This endorsement is an absolute exclusion for communicable disease. All other terms and conditions remain unchanged. PI-SAM-018 (05/19) PI-SAM-018 (05/19) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE ABUSE OR MOLESTATION EXCLUSION PROFESSIONAL LIABILITY The following exclusion applies to all professional liability coverages afforded in any coverage form or endorsement issued by us. When the applicable professional liability coverage: A. Contains an abuse or molestation exclusion, it is deleted in its entirety and replaced with the following; or B. Does not contain an abuse or molestation exclusion, the following is added: This insurance does not apply to any loss, cost, expense, fine, penalty, act, error and omission, or damage alleging, arising out of or from, attributable to, or giving rise to any injury sustained by any person caused by the alleged, actual or threatened abuse or molestation by anyone. We shall not have any duty to defend any “suit” against any insured on account of any such injury. This exclusion applies to all injury sustained by any person, including emotional distress, arising out of molestation or abuse whether alleged, actual or threatened including but not limited to molestation or abuse arising out of your negligence or other wrongdoing with respect to: 1. a. Hiring, placement, employment, training; b. Investigation; c. Supervision; d. Reporting any molestation or abuse to the proper authorities, or failure to so report; or e. Retention of a person for whom any insured is or ever was legally responsible or for whom any insured may have assumed the liability; and whose conduct would be excluded above; or 2. a. Failure to provide professional services to; or b. Neglect of the therapeutic needs of, any person because of the conduct which would be excluded above. This endorsement is an absolute exclusion for abuse or molestation. All other terms and conditions remain unchanged. PI-TER-DN1 (1/21) Page 1 of 2 PHILADELPHIA INSURANCE COMPANIES Terrorism Premium (Certified Acts) $ 343.00 Policy Number: PHPK2553043-018 Named Insured: West Valley Community Services of DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE REJECTION OPTION You are hereby notified that under the Terrorism Risk Insurance Act, as amended, you have a right to purchase insurance coverage for losses resulting from acts of terrorism. As defined in Section 102(1) of the Act: The term “act of terrorism” means any act or acts that are certified by the Secretary of the Treasury—in consultation with the Secretary of Homeland Security, and the Attorney General of the United States—to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA, THE UNITED STATES GOVERNMENT’S FEDERAL SHARE OF TERRORISM LOSSES IS 80% OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS’ LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED $100 BILLION, YOUR COVERAGE MAY BE REDUCED. Your attached proposal (or policy) includes a charge for terrorism. We will issue (or have issued) your policy with terrorism coverage unless you decline by placing an “X” in the box below. NOTE 1: If “included” is shown on your proposal (or policy) for terrorism you WILL NOT have the option to reject the coverage. NOTE 2: You will want to check with entities that have an interest in your organization as they may require that you maintain terrorism coverage (e.g. mortgagees). EXCEPTION: If you have property coverage on your policy, the following Standard Fire Policy states do not permit an Insured to reject fire ensuing from terrorism: CA, CT, GA, HI, IA, IL, MA, ME, MO, NJ, NY, NC, OR, RI, VA, WA, WV, WI. Therefore, if you are domiciled in the above states and reject terrorism coverage, you will still be charged for fire ensuing from terrorism as separately designated on your proposal. PI-TER-DN1 (1/21) Page 2 of 2 I decline to purchase terrorism coverage. I understand that I will have no coverage for losses arising from “certified” acts of terrorism, EXCEPT as noted above. You, as the Insured, have 30 days after receipt of this notice to consider the selection/rejection of “terrorism” coverage. After this 30 day period, any request for selection or rejection of terrorism coverage WILL NOT be honored. REQUIRED IN GA – LIMITATION ON PAYMENT OF TERRORISM LOSSES (applies to policies which cover terrorism losses insured under the federal program, including those which only cover fire losses) The provisions of the Terrorism Risk Insurance Act, as amended, can limit our maximum liability for payment of losses from certified acts of terrorism. That determination will be based on a formula set forth in the law involving the national total of federally insured terrorism losses in an annual period and individual insurer participation in payment of such losses. If one or more certified acts of terrorism in an annual period causes the maximum liability for payment of losses from certified acts of terrorism to be reached, and we have satisfied our required level of payments under the law, then we will not pay for the portion of such losses above that maximum. However, that is subject to possible change at that time, as Congress may, under the Act, determine that payments above the cap will be made. INSURED’S SIGNATURE_ DATE CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 16 COMMERCIAL GENERAL LIABILITY CG 00 01 04 13 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II – Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V – Definitions. SECTION I – COVERAGES COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III – Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments – Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II – Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II – Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II – Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. e. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". Page 2 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the "occurrence" which caused the "bodily injury" or "property damage", involved that which is described in Paragraph (1), (2) or (3) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 3 of 16 f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire". (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". Page 4 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment". h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. i. War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 5 of 16 (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III – Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products- completed operations hazard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. l. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products- completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. However, this exclusion does not apply to liability for damages because of "bodily injury". As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. q. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury" or "property damage" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or Page 6 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III – Limits Of Insurance. COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III – Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments – Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral or written publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral or written publication, in any manner, of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's advertising idea in your "advertisement". g. Quality Or Performance Of Goods – Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement". CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 7 of 16 i. Infringement Of Copyright, Patent, Trademark Or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in your "advertisement". However, this exclusion does not apply to infringement, in your "advertisement", of copyright, trade dress or slogan. j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "personal and advertising injury" under the Definitions section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. l. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution-related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Page 8 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 COVERAGE C – MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, X-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products-Completed Operations Hazard Included within the "products-completed operations hazard". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS – COVERAGES A AND B 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 9 of 16 g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I – Coverage A – Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II – WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. Page 10 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (2) "Property damage" to property: (a) Owned, occupied or used by; (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III – LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and c. Damages under Coverage B. CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 11 of 16 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard". 4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. Page 12 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (iii) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I – Coverage A – Bodily Injury And Property Damage Liability. (b) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self- insured amounts under all that other insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 13 of 16 b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V – DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 4. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication; provided the insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in Paragraph (a) above or in a settlement we agree to. 5. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 6. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. 7. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 8. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the terms of the contract or agreement. Page 14 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. 10. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 11. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 12. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 15 of 16 However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 13. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 14. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; f. The use of another's advertising idea in your "advertisement"; or g. Infringing upon another's copyright, trade dress or slogan in your "advertisement". 15. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 16. "Products-completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy Schedule, states that products- completed operations are subject to the General Aggregate Limit. 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, electronic data is not tangible property. Page 16 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 18. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. 20. "Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 21. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. POLICY NUMBER: PHPK2553043-018 COMMERCIAL GENERAL LIABILITY CG 20 11 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 11 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 ADDITIONAL INSURED – MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises (Part Leased To You): 1340 S De Anza Blvd Ste 103 San Jose, CA 95129-4644 Name Of Person(s) Or Organization(s) (Additional Insured): Saratoga Business Square LLC Additional Premium: $ Included Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. PHPK2553043-018 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 21 ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): 190 West St. James, LLC and Stonebrook Asset Management Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page2 of 21 POLICY NUMBER: PHPK2553043-018 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Apple Inc. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 3 of 21 POLICY NUMBER: PHPK2553043-018 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Campbell Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 4 of 21 POLICY NUMBER: PHPK2553043-018 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Cupertino and its directors, officers, engineers, agents & employees and all public Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 5 of 21 POLICY NUMBER: PHPK2553043-018 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Cupertino Cupertino City Hall Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 6 of 21 POLICY NUMBER: PHPK2553043-018 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Cupertino its officers, officials, and employees Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 7 of 21 POLICY NUMBER: PHPK2553043-018 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of San Jose Department of Housing Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 8 of 21 POLICY NUMBER: PHPK2553043-018 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of San Jose, its officers, employees, agents & contractors Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 9 of 21 POLICY NUMBER: PHPK2553043-018 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Sunnyvale Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page10 of 21 POLICY NUMBER: PHPK2553043-018 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page11 of 21 POLICY NUMBER: PHPK2553043-018 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Covered California Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page12 of 21 POLICY NUMBER: PHPK2553043-018 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Cupertino Union School District Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page13 of 21 POLICY NUMBER: PHPK2553043-018 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Emergency Housing & Assistance, Program; Dept of Housing Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page14 of 21 POLICY NUMBER: PHPK2553043-018 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Housing and Community Development Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page15 of 21 POLICY NUMBER: PHPK2553043-018 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Housing Trust Silicon Valley Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page16 of 21 POLICY NUMBER: PHPK2553043-018 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Mid-Peninsula Housing Coalition Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page17 of 21 POLICY NUMBER: PHPK2553043-018 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Opportunity Fund Northern California Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page18 of 21 POLICY NUMBER: PHPK2553043-018 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Second Harvest of Silicon Valley Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page19 of 21 POLICY NUMBER: PHPK2553043-018 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): St. Joseph of Cupertino Church, & The Diocese of San Jose Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page20 of 21 POLICY NUMBER: PHPK2553043-018 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): The Roman Catholic Bishop of San Jose Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. PHPK2553043-018 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page21 of 21 ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Town of Los Gatos, its officers, officials, employees and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. POLICY NUMBER: PHPK2553043-018 COMMERCIAL GENERAL LIABILITY CG 20 27 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – CO-OWNER OF INSURED PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CG 20 27 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 SCHEDULE Name Of Person(s) Or Organization(s) Location Of Premises Mid-Peninsula Housing Coalition 10104 Vista Dr Cupertino, CA 95014-2253 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to their liability as co-owner of the premises shown in the Schedule. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. POLICY NUMBER: PHPK2553043-018 COMMERCIAL GENERAL LIABILITY CG 20 27 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – CO-OWNER OF INSURED PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CG 20 27 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 SCHEDULE Name Of Person(s) Or Organization(s) Location Of Premises Mid-Peninsula Housing Coalition 10321 Greenwood Ct Cupertino, CA 95014-3353 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to their liability as co-owner of the premises shown in the Schedule. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. POLICY NUMBER: PHPK2553043-018 COMMERCIAL GENERAL LIABILITY CG 20 28 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Page 1 of 1 CG 20 28 04 13 © Insurance Services Office, Inc., 2012 ADDITIONAL INSURED – LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Sunstate Equipment Co LLC Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. COMMERCIAL GENERAL LIABILITY CG 21 32 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 32 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 COMMUNICABLE DISEASE EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability: 2. Exclusions This insurance does not apply to: Communicable Disease "Bodily injury" or "property damage" arising out of the actual or alleged transmission of a com- municable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the: a. Supervising, hiring, employing, training or monitoring of others that may be infected with and spread a communicable disease; b. Testing for a communicable disease; c. Failure to prevent the spread of the dis - ease; or d. Failure to report the disease to authorities. B. The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverage B – Per- sonal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: Communicable Disease "Personal and advertising injury" arising out of the actual or alleged transmission of a commu- nicable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the: a. Supervising, hiring, employing, training or monitoring of others that may be infected with and spread a communicable disease; b. Testing for a communicable disease; c. Failure to prevent the spread of the dis- ease; or d. Failure to report the disease to authorities. COMMERCIAL GENERAL LIABILITY CG 21 47 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 47 12 07 © ISO Properties, Inc., 2006 Page 1 of 1 EMPLOYMENT-RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2., Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability: This insurance does not apply to: "Bodily injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment-related practices, policies, acts or omissions, such as coercion, demo- tion, evaluation, reassignment, discipline, defamation, harassment, humiliation, dis- crimination or malicious prosecution di- rected at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment- related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the injury-causing event described in Paragraphs (a), (b) or (c) above occurs before employment, during employment or after em- ployment of that person; (2) Whether the insured may be liable as an em- ployer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. B. The following exclusion is added to Paragraph 2., Exclusions of Section I – Coverage B – Per- sonal And Advertising Injury Liability: This insurance does not apply to: "Personal and advertising injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment-related practices, policies, acts or omissions, such as coercion, demo- tion, evaluation, reassignment, discipline, defamation, harassment, humiliation, dis- crimination or malicious prosecution di- rected at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any of the employment-related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the injury-causing event described in Paragraphs (a), (b) or (c) above occurs before employment, during employment or after em- ployment of that person; (2) Whether the insured may be liable as an em- ployer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. COMMERCIAL GENERAL LIABILITY CG 21 57 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 57 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 EXCLUSION – COUNSELING SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section I – Coverage B – Personal And Advertising Injury Liability: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of advisory services or counseling with respect to such issues as mental health, crisis prevention, social services or drug and alcohol rehabilitation or similar subjects. 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 advisory services or counseling described above. COMMERCIAL GENERAL LIABILITY CG 21 67 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 67 12 04 © ISO Properties, Inc., 2003 Page 1 of 1 FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability: 2. Exclusions This insurance does not apply to: Fungi Or Bacteria a. "Bodily injury" or "property damage" which would not have occurred, in whole or in part, but for the actual, alleged or threat- ened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any "fungi" or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed con- currently or in any sequence to such injury or damage. b. Any loss, cost or expenses arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxify- ing, neutralizing, remediating or disposing of, or in any way responding to, or assess - ing the effects of, "fungi" or bacteria, by any insured or by any other person or entity. This exclusion does not apply to any "fungi" or bacteria that are, are on, or are contained in, a good or product intended for bodily consump- tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section I – Coverage B – Per- sonal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: Fungi Or Bacteria a. "Personal and advertising injury" which would not have taken place, in whole or in part, but for the actual, alleged or threat- ened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of any "fungi" or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed con- currently or in any sequence to such injury. b. Any loss, cost or expense arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, "fungi" or bacteria, by any in- sured or by any other person or entity. C. The following definition is added to the Definitions Section: "Fungi" means any type or form of fungus, includ- ing mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi. COMMERCIAL GENERAL LIABILITY CG 21 70 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21 70 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 1 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed $100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. COMMERCIAL GENERAL LIABILITY CG 24 02 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 24 02 12 04 © ISO Properties, Inc., 2003 Page 1 of 1 BINDING ARBITRATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY If we and the insured do not agree whether coverage is provided under this Coverage Part for a claim made against the insured, then either party may make a written demand for arbitration. When this demand is made, each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that selection be made by a judge of a court having juris - diction. Each party will: 1. Pay the expenses it incurs; and 2. Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise, arbitration will take place in the county or parish in which the ad- dress shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding. POLICY NUMBER: PHPK2553043-018 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: The Roman Catholic Bishop of San Jose Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 POLICY NUMBER: PHPK2553043-018 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of San Jose Its officers, officials, employees, agents and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 32 34 01 05 © ISO Properties, Inc., 2004 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 32 34 01 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The term "spouse" is replaced by the following: Spouse or registered domestic partner under Califor- nia law. Philadelphia Indemnity Insurance Company PI-GL-001 (09/17) Page 1 of 2 ©2017 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with permission. PI-GL-001 (09/17) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - LEAD LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to paragraph 2., Exclusions of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section 1 - Coverages) and paragraph 2., Exclusions of COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY (Section 1 - Coverages): This insurance does not apply to: 1. “Bodily injury,” “property damage,” or “personal and advertising injury” arising out of or caused by the actual or alleged: a. Exposure to or existence of lead, paint containing lead, or any other material or substance containing lead; b. Manufacture, distribution, sale, resale, rebranding, installation, repair, removal, encapsulation, abatement, replacement or handling of lead, paint containing lead, or any other material or substance containing lead; Whether or not the lead is or was at any time airborne as a particulate, contained in a product ingested, inhaled, transmitted in any fashion, or found in any form whatsoever. 2. Any legal obligation of any insured for indemnification or contribution due to damages arising out of “bodily injury,” “property damage” or “personal and advertising injury” caused by lead, paint containing lead, or any other substance or material containing lead. 3. Any loss, cost, expense or damages, whether direct or consequential, arising out of any: (a) Request, demand or order that any insured or others test for, monitor, clean up, remove, abate, contain, treat or neutralize lead, paint containing lead, or any other substance or material containing lead, or in any way respond to, or assess the effects of lead; or (b) Claim or suit related to, testing for, monitoring, cleaning up, removing, abating, containing, treating Philadelphia Indemnity Insurance Company PI-GL-001 (09/17) Page 2 of 2 ©2017 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with permission. or neutralizing lead, paint containing lead, or any other substance or material containing lead or in any way responding to or assessing the effects of lead. PI-GL-002 CA (02/08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION – ASBESTOS LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2., Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY (SECTION I – COVERAGES) and Paragraph 2., Exclusions of COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY (SECTION I – COVERAGES): This insurance does not apply to: “Bodily injury,” “property damage,” and “personal and advertising injury” arising out of: 1. Inhaling, ingesting or prolonged physical exposure to asbestos or goods or products containing asbestos; 2. The use of asbestos in constructing or manufacturing any good, product or structure; 3. The removal of asbestos from any good, product or structure; or 4. The manufacture, sale, transportation, storage or disposal of asbestos or goods or products containing asbestos. The coverage afforded by this policy does not apply to payment for the investigation or defense of any loss or “suit,” injury or damage or any cost, fine or penalty or for any expense or claim or “suit” related to any of the above. Page 1 of 1 Includes copyright material of the Insurance Services Office, Inc. used with its permission. PI-GL-005 (07/12) Page of 1 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Effective Date: 06/01/2014 SCHEDULE Name of Person or Organization (Additional Insured): County of Santa Clara SECTION II – WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for “bodily injury,” “property damage” or “personal and advertising injury” arising out of or relating to your negligence in the performance of “your work” for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization. This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or ”occurrence” we cover for this Additional Insured. The Additional Insured’s limits of insurance do not increase our limits of insurance, as described in SECTION III – LIMITS OF INSURANCE. All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged. PI-GL-005 (07/12) Page of 2 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Effective Date: 06/01/2014 SCHEDULE Name of Person or Organization (Additional Insured): City of Cupertino, Cupertino City Hall SECTION II – WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for “bodily injury,” “property damage” or “personal and advertising injury” arising out of or relating to your negligence in the performance of “your work” for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization. This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or ”occurrence” we cover for this Additional Insured. The Additional Insured’s limits of insurance do not increase our limits of insurance, as described in SECTION III – LIMITS OF INSURANCE. All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged. PI-GL-005 (07/12) Page of 3 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Effective Date: 06/01/2014 SCHEDULE Name of Person or Organization (Additional Insured): Town of Los Gatos, its officers, officials, employees and volunteers SECTION II – WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for “bodily injury,” “property damage” or “personal and advertising injury” arising out of or relating to your negligence in the performance of “your work” for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization. This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or ”occurrence” we cover for this Additional Insured. The Additional Insured’s limits of insurance do not increase our limits of insurance, as described in SECTION III – LIMITS OF INSURANCE. All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged. PI-GL-005 (07/12) Page of 4 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Effective Date: 09/28/2016 SCHEDULE Name of Person or Organization (Additional Insured): The Roman Catholic Bishop of San Jose SECTION II – WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the endorsement Schedule, but only with respect to liability for “bodily injury,” “property damage” or “personal and advertising injury” arising out of or relating to your negligence in the performance of “your work” for such person(s) or organization(s) that occurs on or after the effective date shown in the endorsement Schedule. This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization. This condition applies even if other valid and collectible insurance is available to the Additional Insured for a loss or ”occurrence” we cover for this Additional Insured. The Additional Insured’s limits of insurance do not increase our limits of insurance, as described in SECTION III – LIMITS OF INSURANCE. All other terms, conditions, and exclusions under the policy are applicable to this endorsement and remain unchanged. PI-GL-042 (04/22) PI-GL-042 (04/22) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL EXCLUSION – PERFLUORINATED COMPOUNDS (PFC) / PER- AND POLYFLUOROALKYL SUBSTANCES (PFAS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions and to SECTION I – COVERAGES, COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions: This insurance does not apply to: Perfluorinated Compounds (PFC) or Per- and Polyfluoroalkyl Substances (PFAS) 1. “Bodily injury”, “property damage” or “personal and advertising injury” arising out of, in any way related to, or which would not have occurred in whole or in part, but for the actual, alleged, threatened or suspected: a. Inhalation of, ingestion of, contact with, exposure to, existence of, absorption of, or presence of , any and all “PFC/PFAS”; b. Design, manufacture, storage, processing, packaging, handling, testing, distribution, sale, or disposal of “PFC/PFAS”; c. Discharge, dispersal, seepage, migration, release, flaking, leakage, leaching, friability, release or escape of “PFC/PFAS”; d. Providing or failing to provide warnings or instructions with respect to “PFC/PFAS”; or e. Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of “PFC/PFAS”; regardless of whether any other cause, event, material substances, compounds, goods, products or “your products”, contributed concurrently or in any sequence to such injury or damage. 2. Any loss, cost, or expense arising out of or related to any: a. Request, demand, order or statutory, regulatory or legal requirement of any kind that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess or remediate the effects of “PFC/PFAS”; or b. Claim or “suit” by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of “PFC/PFAS”. 3. Any other injury or damage, liability, loss, cost or expense arising out of or in any way related to “PFC/PFAS” including, but not limited to, any fines, penalties, punitive or exemplary damages. 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: PI-GL-042 (04/22) PI-GL-042 (04/22) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with permission. a. The “occurrence” which caused the “bodily injury” or “property damage”; b. The offense which caused the “personal and advertising injury”; or c. Any injury or damage, liability, loss, cost or expense whatsoever; involved that which is described in paragraphs A.1. through A.3. above. B. The following definition is added to the DEFINITIONS section: 1. “PFC/PFAS” means perfluorinated compounds (PFC) or per- and polyfluoroalkyl substances (PFAS), including but not limited to: a. Perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorononanoic acid (PFNA), perfluorobutyric acid (PFBA), perfluorobutane sulfonic acid (PFBS), perfluoropentanoic acid (PFPeA), perfluorohexane sulfonic acid (PFHxS), GenX, C8 (perfluorinated carboxylic acid), ADONA, perfluorohexanoic acid (PFHxA),perfluoroheptanoic acid (PFHpA), perfluorooctane sulfonamide (PFSOA), perfluorodecanoic acid, (PFDA), perfluorodecane sulfonate (PFDS), perfluoroundecanoic acid (PFUnA), perfluorododecanoic acid (PFDoA), perfluorotridecanoic acid (PFTrDA), perfluorotetradecanoic acid (PFTeDA), or 6:2 fluorotelomer sulfonate (6:2 FTS) or any associated salts, acides, alcohols, precursor chemicals, or related higher homologue chemicals; b. Any fluorinated polymers, including but not limited to fluoropolymers, perfluoropolyethers, and side-chain-fluorinated polymers; c. Any and all biosolid, replacement PFAS substance, material or product; or d. Any substance, material or compound that is identified or acknowledged by any federal, state, international or other governmental agency or authority, including but not limited to the United States Environmental Protection Agency (EPA), the Centers for Disease Control and Prevention (CDC), the Agency for Toxic Substances and Disease Registry (ATSDR), the National Institutes for Health (NIH), and the International Agency for Research on Cancer (IARC): 1. As or to contain a per- and polyfluoroalkyl substance; or 2. To exhibit or demonstrate the same or similar harmful properties as a per- and polyfluoroalkyl substance The addition of this endorsement does not imply that other policy provisions, including but not limited to any pollution exclusion, do not exclude coverage for PFC-related or PFAS-related damages, expense, loss, demand, claim, liability or legal obligation. All other terms and conditions of the policy remain unchanged. PI-GLD-HS (10/11) Page 1 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT: HUMAN SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Coverage Applicable Limit of Insurance Page # Extended Property Damage Included 2 Limited Rental Lease Agreement Contractual Liability $50,000 limit 2 Non-Owned Watercraft Less than 58 feet 2 Damage to Property You Own, Rent, or Occupy $30,000 limit 2 Damage to Premises Rented to You $1,000,000 3 HIPAA Clarification 4 Medical Payments $20,000 5 Medical Payments – Extended Reporting Period 3 years 5 Athletic Activities Amended 5 Supplementary Payments – Bail Bonds $5,000 5 Supplementary Payment – Loss of Earnings $1,000 per day 5 Employee Indemnification Defense Coverage $25,000 5 Key and Lock Replacement – Janitorial Services Client Coverage $10,000 limit 6 Additional Insured – Newly Acquired Time Period Amended 6 Additional Insured – Medical Directors and Administrators Included 7 Additional Insured – Managers and Supervisors (with Fellow Employee Coverage) Included 7 Additional Insured – Broadened Named Insured Included 7 Additional Insured – Funding Source Included 7 Additional Insured – Home Care Providers Included 7 Additional Insured – Managers, Landlords, or Lessors of Premises Included 7 Additional Insured – Lessor of Leased Equipment Included 7 Additional Insured – Grantor of Permits Included 8 Additional Insured – Vendor Included 8 Additional Insured – Franchisor Included 9 Additional Insured – When Required by Contract Included 9 Additional Insured – Owners, Lessees, or Contractors Included 9 Additional Insured – State or Political Subdivisions Included 10 PI-GLD-HS (10/11) Page 2 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company Duties in the Event of Occurrence, Claim or Suit Included 10 Unintentional Failure to Disclose Hazards Included 10 Transfer of Rights of Recovery Against Others To Us Clarification 10 Liberalization Included 11 Bodily Injury – includes Mental Anguish Included 11 Personal and Advertising Injury – includes Abuse of Process, Discrimination Included 11 A. Extended Property Damage SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following: a. Expected or Intended Injury “Bodily injury” or property damage” expected or intended from the standpoint of the insured. This exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect persons or property. B. Limited Rental Lease Agreement Contractual Liability SECTION I – COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability is amended to include the following: (3) Based on the named insured’s request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $50,000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter’s liability insurance of the client. C. Non-Owned Watercraft SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 58 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent. D. Damage to Property You Own, Rent or Occupy SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE PI-GLD-HS (10/11) Page 3 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company LIABILITY, Subsection 2. Exclusions, Paragraph j. Damage to Property, Item (1) is deleted in its entirety and replaced with the following: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another’s property, unless the damage to property is caused by your client, up to a $30,000 limit. A client is defined as a person under your direct care and supervision. E. Damage to Premises Rented to You 1. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part, the word “fire” is changed to “fire, lightning, explosion, smoke, or leakage from automatic fire protective systems” where it appears in: a. The last paragraph of SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions; is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III – LIMITS OF INSURANCE. b. SECTION III – LIMITS OF INSURANCE, Paragraph 6. is deleted in its entirety and replaced by the following: Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. c. SECTION V – DEFINITIONS, Paragraph 9.a., is deleted in its entirety and replaced by the following: A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; 2. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Subsection 4. Other Insurance, Paragraph b. Excess Insurance, (1) (a) (ii) is deleted in its entirety and replaced by the following: That is insurance for fire, lightning, explosion, smoke, or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of the owner; 3. The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of: PI-GLD-HS (10/11) Page 4 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company a. $1,000,000; or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, smoke, or leaks from automatic fire protective systems or any combination thereof. F. HIPAA SECTION I – COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, is amended as follows: 1. Paragraph 1. Insuring Agreement is amended to include the following: We will pay those sums that the insured becomes legally obligated to pay as damages because of a “violation(s)” of the Health Insurance Portability and Accountability Act (HIPAA). We have the right and the duty to defend the insured against any “suit,” “investigation,” or “civil proceeding” seeking these damages. However, we will have no duty to defend the insured against any “suit” seeking damages, “investigation,” or “civil proceeding” to which this insurance does not apply. 2. Paragraph 2. Exclusions is amended to include the following additional exclusions: This insurance does not apply to: a. Intentional, Willful, or Deliberate Violations Any willful, intentional, or deliberate “violation(s)” by any insured. b. Criminal Acts Any “violation” which results in any criminal penalties under the HIPAA. c. Other Remedies Any remedy other than monetary damages for penalties assessed. d. Compliance Reviews or Audits Any compliance reviews by the Department of Health and Human Services. 3. SECTION V – DEFINITIONS is amended to include the following additional definitions: a. “Civil proceeding” means an action by the Department of Health and Human Services (HHS) arising out of “violations.” b. “Investigation” means an examination of an actual or alleged “violation(s)” by HHS. However, “investigation” does not include a Compliance Review. c. “Violation” means the actual or alleged failure to comply with the regulations included in the HIPAA. PI-GLD-HS (10/11) Page 5 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company G. Medical Payments – Limit Increased to $20,000, Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all of the terms of SECTION III - LIMITS OF INSURANCE to the greater of: a. $20,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. SECTION I – COVERAGE, COVERAGE C MEDICAL PAYMENTS, Subsection 1. Insuring Agreement, a. (3) (b) is deleted in its entirety and replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident. H. Athletic Activities SECTION I – COVERAGES, COVERAGE C MEDICAL PAYMENTS, Subsection 2. Exclusions, Paragraph e. Athletic Activities is deleted in its entirety and replaced with the following: e. Athletic Activities To a person injured while taking part in athletics. I. Supplementary Payments SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGE A AND B are amended as follows: 1. b. is deleted in its entirety and replaced by the following: 1. b. Up to $5000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these. 1.d. is deleted in its entirety and replaced by the following: 1. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work. J. Employee Indemnification Defense Coverage SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS – COVERAGES A AND B the following is added: We will pay, on your behalf, defense costs incurred by an “employee” in a criminal proceeding occurring in the course of employment. The most we will pay for any “employee” who is alleged to be directly involved in a criminal proceeding is $25,000 regardless of the numbers of “employees,” claims or “suits” brought or persons or organizations making claims or bringing “suits. PI-GLD-HS (10/11) Page 6 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company K. Key and Lock Replacement – Janitorial Services Client Coverage SECTION I – COVERAGES, SUPPLEMENTARY PAYMENTS – COVERAGES A AND B is amended to include the following: We will pay for the cost to replace keys and locks at the “clients” premises due to theft or other loss to keys entrusted to you by your “client,” up to a $10,000 limit per occurrence and $10,000 policy aggregate. We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that you or any of your partners, members, officers, “employees”, “managers”, directors, trustees, authorized representatives or any one to whom you entrust the keys of a “client” for any purpose commit, whether acting alone or in collusion with other persons. The following, when used on this coverage, are defined as follows: a. "Client" means an individual, company or organization with whom you have a written contract or work order for your services for a described premises and have billed for your services. b. "Employee" means: (1) Any natural person: (a) While in your service or for 30 days after termination of service; (b) Who you compensate directly by salary, wages or commissions; and (c) Who you have the right to direct and control while performing services for you; or (2) Any natural person who is furnished temporarily to you: (a) To substitute for a permanent "employee" as defined in Paragraph (1) above, who is on leave; or (b) To meet seasonal or short-term workload conditions; while that person is subject to your direction and control and performing services for you. (3) "Employee" does not mean: (a) Any agent, broker, person leased to you by a labor leasing firm, 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." c. "Manager" means a person serving in a directorial capacity for a limited liability company. L. Additional Insureds SECTION II – WHO IS AN INSURED is amended as follows: 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this PI-GLD-HS (10/11) Page 7 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company Coverage Part, Paragraph 3.a. is deleted in its entirely and replaced by the following: a. Coverage under this provision is afforded until the end of the policy period. 2. Each of the following is also an insured: a. Medical Directors and Administrators – Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient. b. Managers and Supervisors – Your managers and supervisors are also insureds, but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your “employees” are also insureds for “bodily injury” to a co - “employee” while in the course of his or her employment by you or performing duties related to the conduct of your business. This provision does not change Item 2.a.(1)(a) as it applies to managers of a limited liability company. c. Broadened Named Insured – Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. d. Funding Source – Any person or organization with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. e. Home Care Providers – At the first Named Insured's option, any person or organization under your direct supervision and control while providing for you private home respite or foster home care for the developmentally disabled. f. Managers, Landlords, or Lessors of Premises – Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: This insurance does not apply to: (1) Any “occurrence” which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. g. Lessor of Leased Equipment – Automatic Status When Required in Lease Agreement With You – Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or PI-GLD-HS (10/11) Page 8 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company organization is an insured 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. A person’s or organization’s status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. 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. h. Grantors of Permits – Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own, rent or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. i. Vendors – Only with respect to “bodily injury” or “property damage” arising out of “your products” which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; PI-GLD-HS (10/11) Page 9 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub-paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing. j. Franchisor – Any person or organization with respect to their liability as the grantor of a franchise to you. k. As Required by Contract – Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for "bodily injury," "property damage" or "personal and advertising injury" but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations l. Owners, Lessees or Contractors – Any person or organization, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured when required by a contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. PI-GLD-HS (10/11) Page 10 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company m. State or Political Subdivisions – Any state or political subdivision as required, subject to the following provisions: (1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, and is required by contract. (2) This insurance does not apply to: (a) "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) "Bodily injury" or "property damage" included within the "products-completed operations hazard." M. Duties in the Event of Occurrence, Claim or Suit SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2. is amended as follows: a. is amended to include: This condition applies only when the “occurrence” or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. b. is amended to include: This condition will not be considered breached unless the breach occurs after such claim or “suit” is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. N. Unintentional Failure To Disclose Hazards SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, 6. Representations is amended to include the following: It is agreed that, based on our reliance on your representations as to existing hazards, if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. O. Transfer of Rights of Recovery Against Others To Us SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights of PI-GLD-HS (10/11) Page 11 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company Recovery Against Others To Us is deleted in its entirety and replaced by the following: If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. Therefore, the insured can waive the insurer’s rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract. P. Liberalization SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended to include the following: If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. Q. Bodily Injury – Mental Anguish SECTION V – DEFINITIONS, Paragraph 3. Is deleted in its entirety and replaced by the following: “Bodily injury” means: a. Bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and b. Except for mental anguish, includes death resulting from the foregoing (Item a. above) at any time. R. Personal and Advertising Injury – Abuse of Process, Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part, the definition of “personal and advertising injury” is amended as follows: 1. SECTION V – DEFINITIONS, Paragraph 14.b. is deleted in its entirety and replaced by the following: (a) Malicious prosecution or abuse of process; 2. SECTION V – DEFINITIONS, Paragraph 14. is amended by adding the following: Discrimination based on race, color, religion, sex, age or national origin, except when: a. Done intentionally by or at the direction of, or with the knowledge or consent of: (1) Any insured; or (2) Any executive officer, director, stockholder, partner or member of the insured; b. Directly or indirectly related to the employment, former or prospective employment, termination of employment, or application for employment of any person or persons by an insured; PI-GLD-HS (10/11) Page 12 of 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company c. Directly or indirectly related to the sale, rental, lease or sublease or prospective sales, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured; or d. Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative ruling. The above does not apply to fines or penalties imposed because of discrimination. PI-HS-005 (07/04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION PROFESSIONAL LIABILITY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to paragraph 2., Exclusions of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section 1 - Coverages) and paragraph 2., Exclusions of COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY (Section 1 - Coverages): This insurance does not apply to: “Bodily injury”, “property damage” or “personal and advertising injury” arising out of: 1. The rendering or failure to render: a. Medical, surgical, dental, x-ray or nursing service, treatment, advice or instruction, or the related furnishing of food or beverages; b. Any health or therapeutic service, treatment, advice or instruction; or c. Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement or personal grooming. 2. The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances; 3. The handling or treatment of dead bodies, including autopsies, organ donation or other procedures, or 4. A “professional incident” as defined herein. “Professional incident” means any actual or alleged negligent: a) act; b) error; or c) omission in the actual rendering of professional services to others, including counseling services, in your capacity as a human services organization. Professional services include the furnishing of food, beverages, medications or appliances in connection therewith. Page 1 of 1 Includes copyright material of the Insurance Services Office, Inc. used with its permission. Philadelphia Indemnity Insurance Company PI-SAM-006 (01/17) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABUSE OR MOLESTATION EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of SECTION I – COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Paragraph 2. Exclusions of SECTION I – COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY: This insurance does not apply to any injury sustained by any person arising out of or resulting from the alleged, actual or threatened abuse or molestation by anyone. We shall not have any duty to defend any “suit” against any insured seeking damages on account of any such injury. This exclusion applies to all injury sustained by any person, including emotional distress, arising out of molestation or abuse whether alleged, actual or threatened including but not limited to molestation or abuse arising out of your negligence or other wrongdoing with respect to: 1. Hiring, placement, employment, training; 2. Investigation; 3. Supervision; 4. Reporting any molestation or abuse to the proper authorities, or failure to so report; or 5. Retention; of a person for whom any insured is or ever was legally responsible or for whom any insured may have assumed the liability; and whose conduct would be excluded above. PI-SAM-006 (01/17) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with permission. PI-SE-001 (07/20) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIAL EVENTS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. This insurance applies to “bodily injury”, “property damage”, and “personal and advertising injury” arising out of all of your special events with the following exceptions unless scheduled in paragraph C. SCHEDULE OF SPECIAL EVENTS below: • Parades sponsored by the Insured • Shooting activities • Fireworks • Carnivals and fairs with mechanical rides sponsored by the Insured • Rock, Heavy Metal, Techno, Hip-Hop or Rap concerts • Events including contact sports • Rodeos sponsored by the Insured • Political Rallies • Any event with greater than 2,500 people at any one time (including otherwise acceptable events) • Any event with liquor provided by the Insured if a license is required for such activity. B. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) related to your special events, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. . C. SCHEDULE OF SPECIAL EVENTS: Event(s) Date(s) This endorsement is not intended to replace, supersede or provide additional coverage or limits for a special event(s) if there is a separate policy in place providing coverage for the same special event(s). PI-SE-001 (07/20) Page 1 of 1 CM 00 01 09 04 © ISO Properties, Inc., 2003 Page 1 of 3 COMMERCIAL INLAND MARINE CM 00 01 09 04 COMMERCIAL INLAND MARINE CONDITIONS The following conditions apply in addition to the Common Policy Conditions and applicable Additional Conditions in Commercial Inland Marine Coverage Forms: LOSS CONDITIONS A. Abandonment There can be no abandonment of any property to us. B. Appraisal If we and you disagree on the value of the prop- erty or the amount of loss, either may make written demand for an appraisal of the loss. In this event, each party will select a competent and impartial appraiser. The two appraisers will select an um- pire. If they cannot agree, either may request that selection be made by a judge of a court having ju- risdiction. The appraisers will state separately the value of the property 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: 1. Pay its chosen appraiser; and 2. Bear the other expenses of the appraisal and umpire equally. If there is an appraisal, we will still retain our right to deny the claim. C. Duties In The Event Of Loss You must see that the following are done in the event of loss or damage to Covered Property: 1. Notify the police if a law may have been bro- ken. 2. Give us prompt notice of the loss or damage. Include a description of the property involved. 3. As soon as possible, give us a description of how, when and where the loss or damage oc- curred. 4. Take all reasonable steps to protect the Cov- ered Property from further damage, and keep a record of your expenses necessary to protect the Covered Property, for consideration in the settlement of the claim. This will not increase the Limit of Insurance. However, we will not pay for any subsequent loss or damage result - ing from a cause of loss that is not a Covered Cause of Loss. Also, if feasible, set the dam- aged property aside and in the best possible order for examination. 5. You will not, except at your own cost, voluntar- ily make a payment, assume any obligation, or incur any expense without our consent. 6. As often as may be reasonably required, per- mit us to inspect the property proving the loss or damage and examine your books and re- cords. Also permit us to take samples of damaged and undamaged property for inspection, testing and analysis, and permit us to make copies from your books and records. 7. We may examine any insured under oath, while not in the presence of any other insured and at such times as may be reasonably re- quired, about any matter relating to this insur- ance or the claim, including an insured's books and records. In the event of an examination, an insured's answers must be signed. 8. Send us a signed, sworn proof of loss contain- ing the information we request to settle the claim. You must do this within 60 days after our request. We will supply you with the necessary forms. 9. Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or suit. 10. Cooperate with us in the investigation or set- tlement of the claim. D. Insurance Under Two Or More Coverages If two or more of this policy's coverages apply to the same loss or damage, we will not pay more than the actual amount of the loss or damage. E. Loss Payment 1. We will give notice of our intentions within 30 days after we receive the sworn proof of loss. 2. We will not pay you more than your financial interest in the Covered Property. 3. We may adjust losses with the owners of lost or damaged property if other than you. If we pay the owners, such payments will satisfy your claim against us for the owners' property. We will not pay the owners more than their fi- nancial interest in the Covered Property. 4. We may elect to defend you against suits aris- ing from claims of owners of property. We will do this at our expense. Page 2 of 3 © ISO Properties, Inc., 2003 CM 00 01 09 04 5. We will pay for covered loss or damage within 30 days after we receive the sworn proof of loss if you have complied with all the terms of this Coverage Part and: a. We have reached agreement with you on the amount of the loss; or b. An appraisal award has been made. 6. We will not be liable for any part of a loss that has been paid or made good by others. F. Other Insurance 1. You may have other insurance subject to the same plan, terms, conditions and provisions as the insurance under this Coverage Part. If you do, we will pay our share of the covered loss or damage. Our share is the proportion that the applicable Limit of Insurance under this Cover- age Part bears to the Limits of Insurance of all insurance covering on the same basis. 2. If there is other insurance covering the same loss or damage, other than that described in 1. above, we will pay only for the amount of cov- ered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance. G. Pair, Sets Or Parts 1. Pair Or Set In case of loss or damage to any part of a pair or set we may: a. Repair or replace any part to restore the pair or set to its value before the loss or damage; or b. Pay the difference between the value of the pair or set before and after the loss or dam- age. 2. Parts In case of loss or damage to any part of Cov- ered Property consisting of several parts when complete, we will only pay for the value of the lost or damaged part. H. Recovered Property If either you or we recover any property after loss settlement, that party must give the other prompt notice. At your option, the property will be returned to you. You must then return to us the amount we paid to you for the property. We will pay recovery expenses and the expenses to repair the recov- ered property, subject to the Limit of Insurance. I. Reinstatement Of Limit After Loss The Limit of Insurance will not be reduced by the payment of any claim, except for total loss or dam- age of a scheduled item, in which event we will re- fund the unearned premium on that item. J. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Part 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 them. But you may waive your rights against another party in writing: 1. Prior to a loss to your Covered Property. 2. After a loss to your Covered Property only if, at time of loss, that party is one of the following: a. Someone insured by this insurance; or b. A business firm: (1) Owned or controlled by you; or (2) That owns or controls you. This will not restrict your insurance. GENERAL CONDITIONS A. Concealment, Misrepresentation Or Fraud This Coverage Part is void in any case of fraud, in- tentional concealment or misrepresentation of a material fact, by you or any other insured, at any time, concerning: 1. This Coverage Part; 2. The Covered Property; 3. Your interest in the Covered Property; or 4. A claim under this Coverage Part. B. Control Of Property Any act or neglect of any person other than you beyond your direction or control will not affect this insurance. The breach of any condition of this Coverage Part at any one or more locations will not affect cover- age at any location where, at the time of loss or damage, the breach of condition does not exist. C. Legal Action Against Us No one may bring a legal action against us under this Coverage Part unless: 1. There has been full compliance with all the terms of this Coverage Part; and 2. The action is brought within 2 years after you first have knowledge of the direct loss or dam- age. CM 00 01 09 04 © ISO Properties, Inc., 2003 Page 3 of 3 D. No Benefit To Bailee No person or organization, other than you, having custody of Covered Property will benefit from this insurance. E. Policy Period, Coverage Territory We cover loss or damage commencing: 1. During the policy period shown in the Declara- tions; and 2. Within the coverage territory. F. Valuation The value of property will be the least of the fol- lowing amounts: 1. The actual cash value of that property; 2. The cost of reasonably restoring that property to its condition immediately before loss or damage; or 3. The cost of replacing that property with sub- stantially identical property. In the event of loss or damage, the value of prop- erty will be determined as of the time of loss or damage. PI-CIM-053 (12/06) Page 1 of 13 COMPUTER COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy, the words “you” and “your’” refer to the Named Insured shown in the Declarations. The words “we”, “us” and “ours” refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section VI, Definitions. Coverage Form Declarations Loc. No. ALL Computer Property Coverage Section Hardware $ Data Media $ Limit of Insurance All Premises Computer Property Blanket Limit of Insurance $ 180,000 Deductible $ 500 Business Income with Extra Expense Coverage Section Monthly Limit of Indemnity $ Maximum Period of Indemnity Days All Premises Business Income with Extra Expense Blanket Monthly Limit of Indemnity $ All Premises Business Income with Extra Expense Maximum Period of Indemnity Deductible $ OR Waiting Period Hours Days Other Limits of Insurance Basic Limit Superseding Limit While in transit $10,000 or $ Transfer between premises $10,000 or $ Temporarily within other premises $10,000 or $ Permanently located at an employee’s residence $10,000 or $ Valuation Basis: X Replacement Cost Actual Cash Value Operational Replacement Cost PI-CIM-053 (12/06) Page 2 of 13 I. Coverages We provide coverage only under the Coverage Section or Sections for which a Limit of Insurance is shown in the Coverage Declarations. A. Computer Property Coverage Section 1. We will pay for direct physical “loss” to Covered Property caused by or resulting from any of the Covered Causes of Loss. Covered Property, as used in the Computer Property Coverage Section, means the following types of computer property for which a Limit of Insurance is shown in the Coverage Declarations. a. Computer hardware used in your business which you own or is property of others in your care, custody or control for which you are liable. b. Computer “data” and “media” used in your business which you own or is property of others in your care, custody or control. 2. We will cover the property while it is: a. At a premises shown in the Coverage Declarations or on an attached schedule; b. In transit; and c. Temporarily at other premises. d. Permanently located at an employee’s residence. 3. Additional Coverages Applicable to the Computer Property Coverage Section. a. Preservation of Property If it is necessary to move Covered Property from premises listed in the Coverage Declarations or on an attached schedule to preserve it from “loss” by any of the Covered Causes of Loss, we will pay for any direct physical “loss” to that property: (1) While it is being moved or while temporarily stored at another premises; but (2) Only if the “loss” occurs within 30 days after the property is first moved. The Limit of Insurance for Property in Transit or Temporarily at Other Premises does not apply to this Additional Coverage. This Additional Coverage does not increase the Limits of Insurance provided by this Coverage Form. b. Debris Removal (1) We will pay your expenses to remove debris of Covered Property at a premises listed in the Coverage Declarations or on an attached schedule caused by or resulting from any of the Covered Causes of Loss that occurs during the policy period. The expenses will be paid only if they are reported to us in writing within 180 days of the date of the direct PI-CIM-053 (12/06) Page 3 of 13 physical “loss”. (2) We will pay 25% of the amount we pay for the direct physical “loss” to Covered Property; plus the Deductible in this policy applicable to that “loss”, but This Additional Coverage does not apply to costs to: (a) Extract “pollutants” from land or water; or to (b) Remove, restore or replace polluted land or water. This limit does not increase any applicable Limits of Insurance. (3) If either: (a) The sum of direct physical “loss” and Debris Removal expenses exceeds the applicable Limits of Insurance; or (b) The Debris Removal expenses exceed the amount payable under the 25% limitation in subparagraph (b) (2) above; We will pay up to an additional $50,000 for each described premises in any one occurrence. This limit is in addition to any other applicable Limits of Insurance provided by this Coverage Form. c. Duplicate “Data” and “Media” (1) We will cover duplicate and back-up “data” and “media” which is: (a) Stored at premises other than the premises shown in the Coverage Declarations or on an attached schedule; and (b) Not covered under another policy. (2) The most we will pay for “loss” to duplicate “data” and “media” in any one occurrence is $50,000. This Additional Coverage does not apply to property at any scheduled premises. This Additional Coverage is in addition to the applicable Limit of Insurance provided by the Computer Property Coverage Section. d. Additionally Acquired Computer “Hardware” (1) We will pay for direct physical “loss” caused by or resulting from any of the Covered Causes of Loss to additional computer “hardware” you acquire, if it is of a type already covered under the Computer Property Coverage Section. The most we will pay under this Additional Coverage for “loss” to computer “hardware” in any one occurrence is the lesser of the following amounts: (a) 20% of the Limit of Insurance for computer “hardware” at the premises with the highest Limit of Insurance shown in the Coverage Declarations or on an attached schedule as of the date of “loss”; or PI-CIM-053 (12/06) Page 4 of 13 (b) $250,000. (2) Insurance under this Additional Coverage will end when any of the following first occurs: (a) This policy expires; (b) 60 days expire after you acquire the property; or (c) You report such property to us. (3) We will charge you additional premium for values reported from the date you acquire the property. This Additional Coverage does not increase the applicable Limits of Insurance provided by the Computer Property Coverage Section. e. Additionally Acquired Premises (1) We will pay for direct physical “loss” to the covered computer “hardware” at new premises not listed in the Coverage Declarations or on an attached schedule caused by or resulting from any of the Covered Causes of Loss. The most we will pay under this Additional Coverage for covered computer “hardware” in any one occurrence is $250,000. (2) Insurance under this Additional Coverage will end when any of the following first occurs: (a) This policy expires; (b) 60 days after you move the covered computer “hardware” to the new premises; or (c) You report the move to the new premises to us. (3) We will have the right to make a premium adjustment for such new premises. The adjustment will be made from the date you acquire the premises, and will be pro-rata of the rates in effect on that date. This Additional Coverage does not increase the applicable Limits of Insurance provided by the Computer Property Coverage Section. f. Recharge or Refill of Fire Protection System We will pay your expenses to recharge or refill an automatic fire protection system that is specifically designed to protect the Covered Property when such system is discharged as a result of any of the Covered Causes of Loss. The most we will pay under this Additional Coverage in any one occurrence is $50,000. This Coverage is in addition to the applicable Limits of Insurance provided by the Computer Property Coverage Section. g. Worldwide Transit Extension The provisions in this Coverage Form for Computer Property while in Transit, and for Computer Property Temporarily within other premises are extended to provide coverage world-wide. In no event will we pay more than the lesser of the following amounts: (1) 10% of the Limit of Insurance shown in the Coverage Declarations for Property While In Transit; or PI-CIM-053 (12/06) Page 5 of 13 (2) $15,000. This Coverage is in addition to the applicable Lines of Insurance provided by the Computer Property Coverage Section. h. Transfer Between Premises Coverage We will pay for direct physical “loss” caused by any of the Covered Causes of Loss to Covered Property which you transfer between scheduled premises. The most we will pay under this Additional Coverage in any one occurrence is the Superseding Limit shown on the Coverage Declarations. If a Superseding Limit is not entered, then the Basic Limit will apply. The Basic or Superseding Limit of Insurance, whichever applies, is the only applicable Limit of Insurance for Computer Property that has been transferred between premises, and no other Limit or combination of Limits applies. B. Business Income with Extra Expense Coverage Section 1. Subject to the “Maximum Period of Indemnity” and the “Monthly Limit of Indemnity” shown on the Coverage Declarations, 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 occur during the policy period at a premises shown in the Coverage Declarations or on an attached schedule, and must be caused by direct physical “loss” to “Computer Facility Property” caused by or resulting from any of the Covered Causes of Loss. We will pay your “business income” loss if you are prohibited access to the premises where your computer facility is located by order of civil authority because of direct physical “loss” to adjacent property caused by or resulting from any of the Covered Causes of Loss. a. This Coverage for prohibited access to premises will apply from the time of such order and for up to two weeks. b. This Coverage for prohibited access to premises does not increase the Limits of Insurance provided by the Business Income with Extra Expense Coverage Section. 2. Subject to the “Maximum Period of Indemnity” and the “Monthly Limit of Indemnity” shown on the Coverage Declarations, we will pay the actual and necessary “extra expenses” you incur, except the cost of extinguishing a fire, in order to continue your “operations” during the “period of restoration”. The “extra expenses” must be incurred during the policy period at a premises shown in the Coverage Declarations or on an attached schedule, and must result from direct physical “loss” to “Computer Facility Property” caused by or resulting from any of the Covered Causes of Loss. We will pay the actual and necessary “extra expenses” you incur to continue your “operations” if you are prohibited access to the premises where your computer facility is located by order of civil authority because of direct physical “loss” to adjacent property caused by or resulting from any of the Covered Causes of Loss. a. This Coverage for prohibited access to premises will apply from the time of such order and for up to two weeks. b. This Coverage for prohibited access to premises does not increase the Limits of Insurance provided by the Business Income with Extra Expense Coverage Section. PI-CIM-053 (12/06) Page 6 of 13 C. Applicable To All Coverage Sections Off Premises Power Supply Failure We will pay for “loss” caused by interruption of power supply service to the described premises. The interruption must be caused by direct physical “loss” by any of the Covered Causes of Loss to the following types of property not on the described premises, supplying electricity, steam or gas to the described premises. a. Utility generating plants; b. Switching stations; c. Substations; d. Transformers; and e. Transmission Lines; But not overhead transmission lines. The most we will pay under the Coverage Extension in any one occurrence is $25,000. This Coverage Extension is in addition to the Limits of Insurance provided by this Coverage Form. D. Property Not Covered Covered Property does not include: 1. ‘Valuable papers and records” unless they are converted into “data” form, and then only in that form; 2. Under the Computer Property Coverage Section, any computer “data” or “media” which cannot be reproduced or replaced with others of the same kind of quality, unless they are scheduled in an attached Software Specified Value Endorsement; 3. Property which you are leasing or renting to others while it is away from your premises; 4. Contraband, or property in the course of illegal transportation or trade; or 5. Manufacturing or production machinery or equipment. E. Covered Causes of Loss Covered Causes of Loss means Risks of Direct Physical Loss to Covered Property except those Causes of Loss listed in the Exclusions. II. Exclusions A. We will not pay for “loss” caused directly or indirectly by any of the following. Such “loss” is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the “loss”. PI-CIM-053 (12/06) Page 7 of 13 1. Governmental Action Seizure or destruction of property by order of governmental authority. But we will pay for “loss” caused by or resulting from acts of destruction ordered by governmental authority and taken at the time of a fire to prevent its spread if the fire would be covered under this Coverage Form. 2. Nuclear Hazard a. Any weapon employing atomic fission or fusion; or b. Nuclear reaction or radiation, or radioactive contamination from any other cause. But we will pay for direct “loss” by resulting fire if the fire would be covered under this Coverage Form. 3. Off-Premises Services The failure of power or other utility service supplied to the described premises, however caused, if the failure occurs away from the described premises. But if “loss” by a Covered Cause of Loss results, we will pay for that resulting “loss”. This exclusion does not apply to the Off-Premises Power Supply Failure Coverage Extension. 4. War and Military Action a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. B. We will not pay for “loss” caused by or resulting from any of the following: 1. Delay, loss of use, loss of market, or any other consequential loss. 2. Discharge, dispersal, seepage, migration, release or escape of “pollutants”. 3. Dishonest acts by you or any of your partners, officers, directors, or trustees whether or not acting alone or in collusion with other persons or occurring during the hours of employment. 4. Error in machine programming or instructions to any machine. 5. Wear and tear, any quality in the property that causes it to damage or destroy itself, hidden or latent defect, gradual deterioration, depreciation, insects, vermin, rodents. 6. Voluntary parting with any property by you or anyone entrusted with the property if induced to do so by any fraudulent scheme, trick, device, or false pretense. C. We will not pay for “loss” caused by or resulting from any of the following. But if “loss” by any of the Covered Causes of Loss results, we will pay for that resulting “loss PI-CIM-053 (12/06) Page 8 of 13 1. Acts or decisions, including the failure to act or decide, of any person, group, organization or governmental body. 2. Weather conditions. But this exclusion only applies if weather conditions contribute in any way with a cause or event excluded in paragraph II. A. above to produce the “loss”. Ill. Additional Exclusions applying to the Business Income with Extra Expense Coverage Section: We will not pay for “loss” caused by or resulting from any of the following: A. Any local or State ordinance or law regulating construction or repair of buildings or structures. B. Interference by strikers or other persons at your premises with the repair or replacement of property which has been damaged or destroyed, or with your efforts to resume “operations”. C. The suspension, lapse, or cancellation of any lease, license, contract, or order. IV. Limits of Insurance The most we will pay for “loss” in any one occurrence: A. For each Coverage Section, regardless of the number of premises suffering “loss” in any one occurrence, is the Limit of Insurance applicable to that Coverage Section in the Coverage Declarations; B. For all other coverage provided under this Coverage Form is the applicable Limit of Insurance shown in the Coverage Declarations. C. For Computer Property while in transit is the Superseding Limit shown on the Coverage Declarations. If a Superseding Limit is not entered, then the Basic Limit will apply. The Basic or Superseding Limit of Insurance, whichever applies, is the only applicable Limit of Insurance for Computer Property while in transit, and no other Limit or combination of Limits applies. D. For Computer Property while temporarily within other premises is the Superseding Limit shown on the Coverage Declarations. If a Superseding Limit is not entered, then the Basic Limit will apply. The Basic or Superseding Limit of Insurance, whichever applies, is the only applicable Limit of Insurance for Computer Property while temporarily within other premises, and no other Limit or combination of Limits applies. V. Deductible We will not pay for “loss” in any one occurrence until the amount of “loss” exceeds the Deductible or Waiting Period shown in the Coverage Form Declarations. We will then pay the amount of “loss” in excess of the Deductible, up to the applicable Limit of Insurance. If more than one deductible is applicable under this Coverage Form at a scheduled premises, we will only apply the highest amount that is applicable. VI. Additional Conditions A. The following condition is applicable to all Coverage Sections, and applies in addition to the Commercial Inland Marine Conditions, and the Common Policy Conditions: 1. Policy Period, Coverage Territory Under this Coverage Form: PI-CIM-053 (12/06) Page 9 of 13 a. We cover “loss” commencing within the Coverage Territory. b. The Coverage Territory is the United States of America and Canada. B. The following conditions are applicable to the Computer Property Section, and apply in addition to the Commercial Inland Marine Conditions, and the Common Policy Conditions: 1. Valuation - Computer Hardware General Condition E. Valuation of the Commercial Inland Marine Conditions is replaced by the following: In the event of a “loss” we will determine the value of Covered Property as of the date of the “loss” as follows: a. Replacement Cost If the Valuation Basis shown in the Coverage Declarations applicable to this Covered Property is Replacement Cost: (1) We will determine the value of the lost or damaged property at Replacement Cost, except as provided below. Replacement Cost means the cost to replace with new property of comparable material and quality and used for the same purpose without deduction for depreciation. (2) You may make a claim for “loss” covered by this insurance on an Actual Cash Value basis instead of a Replacement Cost basis. In the event you elect to have the “loss” settled on an Actual Cash Value basis, you may still make a claim for the additional coverage which Replacement Cost provides if you notify us of your intent to do so within 180 days after the “loss”. (3) We will not pay on a Replacement Cost basis for any “loss”: (i) Until the lost or damaged property is actually repaired or replaced; and (ii) Unless the repairs or replacement are made as soon as reasonably possible after the “loss”. (4) We will not pay more for “loss” on a Replacement Cost basis than the least of the following: (i) The Limit of Insurance applicable to the lost or damaged property; (ii) The cost to replace the lost or damaged property with other property of comparable material and quality; and used for the same purpose; or (iii) The amount you actually spend that is necessary to repair or replace the lost or damaged property. b. Actual Cash Value if the Valuation Basis shown in the Coverage Declarations is Actual Cash Value. (1) We will determine the value of lost or damaged property at Actual Cash Value as of the time of “loss”, including an allowance for depreciation. PI-CIM-053 (12/06) Page 10 of 13 (2) We will not pay more for “loss” on a Actual Cash Value basis than the least of the following: (i) The Limit of Insurance applicable to the lost or damaged property; (ii) The cost to replace the lost or damaged property with other property of comparable material and quality; and used for the same purpose; or (iii) The amount you actually spend that is necessary to repair or replace the lost or damaged property. c. Operational Replacement Cost If the Valuation Basis shown in the Coverage Declaration is Operational Replacement Cost: (1) We will determine the value of the lost or damaged Property at Operational Replacement Cost, except as provided below. Operational Replacement Cost means the cost to replace the lost or damaged property with new property intended to perform the same function. (2) You may make a claim for “loss” covered by this insurance on an Actual Cash Value basis instead of an Operational Replacement Cost basis. In the event you elect to have “loss” settled on an Actual Cash Value basis, you may still make a claim for the additional coverage which Operational Replacement Cost provides if you notify us of your intent to do so within 180 days after the “loss”. (3) However, for Operational Replacement Cost to apply, there must be a total “loss” of the current item. If a partial “loss” occurs to an item covered for Operational Replacement Cost, we will pay as if the item were insured for Replacement Cost as explained under B.1 .a. of this Coverage Form. (4) We will not pay more for “loss” on an Operational Replacement Cost basis than the least of the following: (i) The Limit of Insurance applicable to the lost or damaged property; (ii) The cost to replace, on the same premises, the lost or damaged property with other property of comparable material and quality; and used to perform the same functions; or (iii) The amount you actually spend that is necessary to repair or replace the lost or damaged property. 2. Valuation - Computer “Data” and “Media” General Condition E. Valuation of the Commercial Inland Marine Conditions is replaced by the following: the event of a “loss” we will determine the value of Covered Property as of the date of the “loss” as follows: a. “Data” and “Media” not specifically listed by endorsement on this policy shall be valued as follows: (1) The actual cost of reproducing or replacing the lost or damaged “data” and “media”, if you actually reproduce or replace them; or PI-CIM-053 (12/06) Page 11 of 13 (2) The cost to replace the blank “media” with substantially identical property. b. “Data” and “Media” that are listed by endorsement on this policy shall be valued as the amount per item specified on the endorsement. This listed amount shall be the agreed value for the purpose of this coverage. C. The following conditions are applicable to the Business Income with Extra Expense Section, and apply in addition to the Commercial Inland Marine Conditions, and the Common Policy Conditions: 1. Applicable to Extra Expenses a. Salvage If you buy property to use temporarily until your “operations” return to “normal”, we will subtract its remaining value from the “extra expenses” you have. b. Resumption of Operations You will resume all or part of your “operations” as quickly as possible. We will reduce the amount of your loss to the extent you can return your “operations” to “normal” and discontinue your “extra expenses”. 2. Applicable to the Business Income a. Measure of Recovery In the event that direct physical “loss” to Covered Property causes a total shutdown of your “operations” the measure of recovery for each “work day” during the “period of restoration” will be the amount of “business income” your “operations” would have earned if no “loss” had occurred. In the event that direct physical “loss” to Covered Property causes a partial shutdown of your “operations” the measure of recovery for each “work day” during the “period of restoration” will be the proportion of the Limit of Insurance for each “work day” that the amount of your “business income” loss during the “period of restoration” bears to the amount of “business income” your “operations” would have earned if no “loss” had occurred. b. Resumption of Operations If you can reduce your “business income” loss: (1) By total or partial resumption of your “operations” at the premises where the “loss” occurred; or (2) By using other property at other premises; you must do so. We will deduct the amount of such reduction from your adjusted “business income” loss. VI. Definitions A. “Business Income” means the sum of the following amounts: 1. Net Income (Net Profit or Loss before income taxes) that would have been earned or incurred; and PI-CIM-053 (12/06) Page 12 of 13 2. Continuing normal operating expenses incurred, including payroll. B. “Computer Facility Property” means: 1. Computer “hardware”, “data” and “media” used in your business which you own, or is property of others in your care, custody or control; 2. The buildings or structure in which such “hardware”, “data” and “media” are located, if the “loss” prevents access to your computer facility; or 3. The air conditioning system or electrical system needed to operate your computer “hardware”. C. “Data” means facts, figures, concepts, or instructions that are in a form that can be communicated, interpreted, or processed by computer systems. This includes computer programs, but not “media”. D. “Extra Expenses” means operating expenses over and above the costs you normally would have incurred if no “loss” had occurred. This includes expenses to rent or use other property, premises or facilities. It does not include: 1. Loss of profits or earnings that result from a reduction of your “operations”; 2. Any direct or indirect property damage that is insurable under a property damage policy; or 3. The cost to repair or replace damaged property. However, we will pay expenses in excess of the usual cost to repair or replace such property if they are necessary in order to reduce your “extra expenses”. We will not pay more for such expenses to repair or replace damaged property than the amount by which they reduce your total “extra expenses” loss. E. “Flood” means flood, surface water, waves, tides, tidal waves, overflow of any body of water, or their spray, all whether driven by wind or not. F. “Hardware” means a network of equipment and components which accept information, process and analyze that information according to a plan and then produces the desired results. It includes disk and tape drives, printers, display screens, remote terminals, computers which control manufacturing or production equipment or machinery, and computerized telephone systems, but it does not include computer “media”. G. “Loss” means accidental loss or damage. H. “Maximum Period of Indemnity” means the maximum time period in number of consecutive days after a direct physical “loss” for which we will pay for “Business Income”, “Extra Expenses”, or any combination of “Business Income” and “Extra Expenses” resulting from one occurrence. I. “Media” means materials on which “data” can be recorded, such as magnetic tapes, disk packs, paper tapes, and cards. J. “Monthly Limit of Indemnity” means the maximum amount at any scheduled premises that we will pay for “Business Income”, “Extra Expenses”, or any combination of “Business Income” and “Extra Expenses” in each period of 30 consecutive days after a direct physical “loss”. PI-CIM-053 (12/06) Page 13 of 13 K. “Normal” means conditions that would have existed if no direct physical “loss” had occurred. L. “Operations” means business activities you perform using the Covered Property at the described premises. M. “Period of Restoration” means the period from the date the “loss” occurs until the Covered Property should be repaired, rebuilt, or replaced with reasonable speed and similar quality. The “Period of Restoration” is not limited by the expiration or termination of this Coverage Form. N. “Pollutants” means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. O. ‘Valuable papers and records” means inscribed, printed or written documents, manuscripts or records, including abstracts, books, deeds, drawings, films, maps or mortgages. But “Valuable papers and records” does not mean money or securities, “data”, or “media”. P. ‘Volcanic action” means direct “loss” resulting from the eruption of a volcano when the “loss” is caused by: 1. Airborne volcanic blast or airborne shock waves; 2. Ash, dust or particulate matter; or 3. Lava flow. Q. “Work day” means each period of 24 consecutive hours in which you would normally conduct your “operations”, beginning at 12:01 a.m. standard time at the premises where the “loss” occurs and ending at 12:00 a.m. standard time at the premises where the “loss” occurs. CA 00 01 03 10 © Insurance Services Office, Inc., 2009 Page 1 of 12 COMMERCIAL AUTO CA 00 01 03 10 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" re - fer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V – Definitions. SECTION I – COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 Any "Auto" 2 Owned "Autos" Only Only those "autos" you own (and for Liability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Passenger "Autos" Only Only the private passenger "autos" you own. This includes those private passenger "autos" you acquire ownership of after the policy begins. 4 Owned "Autos" Other Than Private Passenger "Autos" Only Only those "autos" you own that are not of the private passenger type (and for Liability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" not of the private passenger type you acquire ownership of after the policy begins. 5 Owned "Autos" Subject To No-fault Only those "autos" you own that are required to have no-fault benefits in the state where they are licensed or principally garaged. This includes those "autos" you acquire ownership of after the policy begins provided they are required to have no- fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Subject To A Compulsory Uninsured Motorists Law Only those "autos" you own that because of the law in the state where they are licensed or principally garaged are required to have and cannot reject Uninsured Motorists Coverage. This includes those "autos" you acquire ownership of after the policy begins provided they are subject to the same state uninsured motorists requirement. 7 Specifically Described "Autos" Only those "autos" described in Item Three of the Declarations for which a premium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Non-owned "Autos" Only Only those "autos" you do not own, lease, hire, rent or borrow that are used in connection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs. Page 2 of 12 © Insurance Services Office, Inc., 2009 CA 00 01 03 10 19 Mobile Equip- Only those "autos" that are land vehicles and that would qualify under the definition ment Subject To of "mobile equipment" under this policy if they were not subject to a compulsory or Compulsory Or financial responsibility law or other motor vehicle insurance law where they are Financial licensed or principally garaged. Responsibility Or Other Motor Vehicle Insur- ance Law Only B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in Item Two of the Declara- tions, then you have coverage for "autos" that you acquire of the type described for the re- mainder of the policy period. 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that cover - age only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that cover- age; and b. You tell us within 30 days after you acquire it that you want us to cover it for that cover- age. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Liability Coverage is provided by this coverage form, the following types of vehicles are also cov- ered "autos" for Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towed by a covered "auto". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substi- tute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction. SECTION II – LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "acci- dent" and resulting from the ownership, mainte- nance or use of covered "autos". However, we will only pay for the "covered pollution cost or ex- pense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident". We have the right and duty to defend any "in- sured" against a "suit" asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "prop- erty damage" or a "covered pollution cost or ex- pense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your permis- sion a covered "auto" you own, hire or bor- row except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. CA 00 01 03 10 © Insurance Services Office, Inc., 2009 Page 3 of 12 (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company) or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership) or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "in- sured" described above but only to the ex- tent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (in- cluding bonds for related traffic law vio- lations) required because of an "acci- dent" we cover. We do not have to fur- nish these bonds. (3) The cost of bonds to release attach- ments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day be- cause of time off from work. (5) All court costs taxed against the "in- sured" in any "suit" against the "insured" we defend. However, these payments do not include attorneys' fees or attor- neys' expenses taxed against the "in- sured". (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "in- sured" we defend, but our duty to pay in- terest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance. b. Out-of-state Coverage Extensions While a covered "auto" is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Li- ability Coverage to meet the limits speci- fied by a compulsory or financial re- sponsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or prop- erty. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the follow- ing: 1. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "in- sured". 2. Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract" provided the "bodily injury" or "property damage" occurs subse- quent to the execution of the contract or agreement; or b. That the "insured" would have in the ab- sence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. Page 4 of 12 © Insurance Services Office, Inc., 2009 CA 00 01 03 10 4. Employee Indemnification And Employer's Liability "Bodily injury" to: a. An "employee" of the "insured" arising out of and in the course of: (1) Employment by the "insured"; or (2) Performing the duties related to the conduct of the "insured's" business; or b. The spouse, child, parent, brother or sister of that "employee" as a consequence of Pa- ragraph a. above. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily in- jury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract". For the purposes of the coverage form, a domestic "employee" is a person en- gaged in household or domestic work per- formed principally in connection with a resi- dence premises. 5. Fellow Employee "Bodily injury" to: a. Any fellow "employee" of the "insured" aris - ing out of and in the course of the fellow "employee's" employment or while perform- ing duties related to the conduct of your business; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. 6. Care, Custody Or Control "Property damage" to or "covered pollution cost or expense" involving property owned or trans- ported by the "insured" or in the "insured's" care, custody or control. But this exclusion does not apply to liability assumed under a si- detrack agreement. 7. Handling Of Property "Bodily injury" or "property damage" resulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement in- to or onto the covered "auto"; or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured". 8. Movement Of Property By Mechanical Device "Bodily injury" or "property damage" resulting from the movement of property by a mechani- cal device (other than a hand truck) unless the device is attached to the covered "auto". 9. Operations "Bodily injury" or "property damage" arising out of the operation of: a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equip- ment"; or b. Machinery or equipment that is on, attached to or part of a land vehicle that would qual- ify under the definition of "mobile equip- ment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 10. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been com- pleted or abandoned. In this exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. Your work includes warranties or representa- tions made at any time with respect to the fit- ness, quality, durability or performance of any of the items included in Paragraph a. or b. above. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site. (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. CA 00 01 03 10 © Insurance Services Office, Inc., 2009 Page 5 of 12 Work that may need service, maintenance, cor- rection, repair or replacement, but which is otherwise complete, will be treated as com- pleted. 11. Pollution "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants": a. That are, or that are contained in any prop- erty that is: (1) Being transported or towed by, handled or handled for movement into, onto or from the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered "au- to"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lu- bricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment". Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "in- sured" with respect to "pollutants" not in or upon a covered "auto" if: (a) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (b) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. 12. War "Bodily injury" or "property damage" arising di- rectly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power or action taken by governmental au- thority in hindering or defending against any of these. 13. Racing Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. Limit Of Insurance Regardless of the number of covered "autos", "in- sureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damages and "covered pollution cost or expense" combined resulting from any one "accident" is the Limit of Insurance for Liability Coverage shown in the Declarations. Page 6 of 12 © Insurance Services Office, Inc., 2009 CA 00 01 03 10 All "bodily injury", "property damage" and "covered pollution cost or expense" resulting from continu- ous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident". No one will be entitled to receive duplicate pay - ments for the same elements of "loss" under this coverage form and any Medical Payments Cover- age endorsement, Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage Part. SECTION III – PHYSICAL DAMAGE COVERAGE A. Coverage 1. We will pay for "loss" to a covered "auto" or its equipment under: a. Comprehensive Coverage From any cause except: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. b. Specified Causes Of Loss Coverage Caused by: (1) Fire, lightning or explosion; (2) Theft; (3) Windstorm, hail or earthquake; (4) Flood; (5) Mischief or vandalism; or (6) The sinking, burning, collision or derail- ment of any conveyance transporting the covered "auto". c. Collision Coverage Caused by: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. 2. Towing We will pay up to the limit shown in the Decla- rations for towing and labor costs incurred each time a covered "auto" of the private pas- senger type is disabled. However, the labor must be performed at the place of disablement. 3. Glass Breakage – Hitting A Bird Or Animal – Falling Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered "auto", we will pay for the following under Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" colli- sion or overturn considered a "loss" under Col- lision Coverage. 4. Coverage Extensions a. Transportation Expenses We will pay up to $20 per day to a maxi- mum of $600 for temporary transportation expense incurred by you because of the to- tal theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expi- ration, when the covered "auto" is returned to use or we pay for its "loss". b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" be- comes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use ex- penses if caused by: (1) Other than collision only if the Declara- tions indicate that Comprehensive Cov- erage is provided for any covered "au- to"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any ex- penses for loss of use is $20 per day, to a maximum of $600. B. Exclusions 1. We will not pay for "loss" caused by or resulting from any of the following. Such "loss" is ex- cluded regardless of any other cause or event that contributes concurrently or in any se- quence to the "loss". a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioac- tive contamination, however caused. CA 00 01 03 10 © Insurance Services Office, Inc., 2009 Page 7 of 12 b. War Or Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, includ- ing action in hindering or defending against an actual or expected attack, by any government, sovereign or other au- thority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by gov- ernmental authority in hindering or de- fending against any of these. 2. We will not pay for "loss" to any covered "auto" while used in any 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" to any covered "auto" while that covered "auto" is being pre- pared for such a contest or activity. 3. We will not pay for "loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. This exclusion does not apply to such "loss" resulting from the total theft of a covered "au- to". 4. We will not pay for "loss" to any of the follow- ing: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Any device designed or used to detect speed-measuring equipment such as radar or laser detectors and any jamming appara- tus intended to elude or disrupt speed- measurement equipment. c. Any electronic equipment, without regard to whether this equipment is permanently in- stalled, that reproduces, receives or trans- mits audio, visual or data signals. d. Any accessories used with the electronic equipment described in Paragraph c. above. 5. Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: a. Permanently installed in or upon the cov- ered "auto"; b. Removable from a housing unit which is permanently installed in or upon the cov- ered "auto"; c. An integral part of the same unit housing any electronic equipment described in Pa- ragraphs a. and b. above; or d. Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. 6. We will not pay for "loss" to a covered "auto" due to "diminution in value". C. Limit Of Insurance 1. The most we will pay for "loss" in any one "ac - cident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the dam- aged or stolen property with other property of like kind and quality. 2. $1,000 is the most we will pay for "loss" in any one "accident" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: a. Permanently installed in or upon the cov- ered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; b. Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equip- ment; or c. An integral part of such equipment. 3. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 4. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen prop- erty will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. Page 8 of 12 © Insurance Services Office, Inc., 2009 CA 00 01 03 10 SECTION IV – BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: A. Loss Conditions 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of "loss", either 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 apprais- ers 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: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. 2. Duties In The Event Of Accident, Claim, Suit Or Loss We have no duty to provide coverage under this policy unless there has been full compli- ance with the following duties: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "acci- dent" or "loss". Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. b. Additionally, you and any other involved "insured" must: (1) Assume no obligation, make no pay- ment or incur no expense without our consent, except at the "insured's" own cost. (2) Immediately send us copies of any re- quest, demand, order, notice, summons or legal paper received concerning the claim or "suit". (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. c. If there is "loss" to a covered "auto" or its equipment you must also do the following: (1) Promptly notify the police if the covered "auto" or any of its equipment is stolen. (2) Take all reasonable steps to protect the covered "auto" from further damage. Al- so keep a record of your expenses for consideration in the settlement of the claim. (3) Permit us to inspect the covered "auto" and records proving the "loss" before its repair or disposition. (4) Agree to examinations under oath at our request and give us a signed statement of your answers. 3. Legal Action Against Us No one may bring a legal action against us un- der this coverage form until: a. There has been full compliance with all the terms of this coverage form; and b. Under Liability Coverage, we agree in writ- ing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment af- ter trial. No one has the right under this pol- icy to bring us into an action to determine the "insured's" liability. 4. Loss Payment – Physical Damage Coverages At our option we may: a. Pay for, repair or replace damaged or sto- len property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or sto- len property at an agreed or appraised val- ue. If we pay for the "loss", our payment will in- clude the applicable sales tax for the damaged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this coverage form has rights to recover damages from another, those rights are transferred to us. That person or or- ganization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. CA 00 01 03 10 © Insurance Services Office, Inc., 2009 Page 9 of 12 B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obli- gations under this coverage form. 2. Concealment, Misrepresentation Or Fraud This coverage form is void in any case of fraud by you at any time as it relates to this coverage form. It is also void if you or any other "in- sured", at any time, intentionally conceal or misrepresent a material fact concerning: a. This coverage form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this coverage form. 3. Liberalization If we revise this coverage form to provide more coverage without additional premium charge, your policy will automatically provide the addi- tional coverage as of the day the revision is ef- fective in your state. 4. No Benefit To Bailee – Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other pro- vision of this coverage form. 5. Other Insurance a. For any covered "auto" you own, this cov- erage form provides primary insurance. For any covered "auto" you don't own, the in- surance provided by this coverage form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Liability Coverage this coverage form pro- vides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own. (2) Primary while it is connected to a cov- ered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Paragraph a. above, this coverage form's Liability Coverage is primary for any liability as- sumed under an "insured contract". d. When this coverage form and any other coverage form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our coverage form bears to the total of the limits of all the coverage forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this coverage form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the bal- ance, if any. The due date for the final pre- mium or retrospective premium is the date shown as the due date on the bill. If the es- timated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one year, the premium for this coverage form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. 7. Policy Period, Coverage Territory Under this coverage form, we cover "accidents" and "losses" occurring: a. During the policy period shown in the Dec- larations; and b. Within the coverage territory. The coverage territory is: (1) The United States of America; (2) The territories and possessions of the Unit- ed States of America; (3) Puerto Rico; (4) Canada; and (5) Anywhere in the world if: (a) A covered "auto" of the private passen- ger type is leased, hired, rented or bor- rowed without a driver for a period of 30 days or less; and (b) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. Page 10 of 12 © Insurance Services Office, Inc., 2009 CA 00 01 03 10 We also cover "loss" to, or "accidents" involv - ing, a covered "auto" while being transported between any of these places. 8. Two Or More Coverage Forms Or Policies Issued By Us If this coverage form and any other coverage form or policy issued to you by us or any com- pany affiliated with us applies to the same "ac- cident", the aggregate maximum Limit of Insur - ance under all the coverage forms or policies shall not exceed the highest applicable Limit of Insurance under any one coverage form or pol- icy. This condition does not apply to any cov- erage form or policy issued by us or an affili- ated company specifically to apply as excess insurance over this coverage form. SECTION V – DEFINITIONS A. "Accident" includes continuous or repeated expo- sure to the same conditions resulting in "bodily in- jury" or "property damage". B. "Auto" means: 1. A land motor vehicle, "trailer" or semitrailer de- signed for travel on public roads; or 2. Any other land vehicle that is subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law where it is li- censed or principally garaged. However, "auto" does not include "mobile equip- ment". C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including death re- sulting from any of these. D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, con- tain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollut- ants"; or 2. Any claim or "suit" by or on behalf of a gov - ernmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". "Covered pollution cost or expense" does not in- clude any cost or expense arising out of the ac- tual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollut- ants": a. That are, or that are contained in any prop- erty that is: (1) Being transported or towed by, handled or handled for movement into, onto or from the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered "au- to"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lu- bricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraph 6.b. or 6.c. of the definition of "mobile equipment". CA 00 01 03 10 © Insurance Services Office, Inc., 2009 Page 11 of 12 Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (a) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (b) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. E. "Diminution in value" means the actual or per- ceived loss in market value or resale value which results from a direct and accidental "loss". F. "Employee" includes a "leased worker". "Em- ployee" does not include a "temporary worker". G. "Insured" means any person or organization quali- fying as an insured in the Who Is An Insured pro- vision of the applicable coverage. Except with re- spect to the Limit of Insurance, the coverage af- forded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. H. "Insured contract" means: 1. A lease of premises; 2. A sidetrack agreement; 3. Any easement or license agreement, except in connection with construction or demolition op- erations on or within 50 feet of a railroad; 4. An obligation, as required by ordinance, to in- demnify a municipality, except in connection with work for a municipality; 5. That part of any other contract or agreement pertaining to your business (including an in- demnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; 6. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your "employ - ees", of any "auto". However, such contract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees". An "insured contract" does not include that part of any contract or agreement: a. That indemnifies a railroad for "bodily injury" or "property damage" arising out of con- struction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road- beds, tunnel, underpass or crossing; b. That pertains to the loan, lease or rental of an "auto" to you or any of your "employ- ees", if the "auto" is loaned, leased or rented with a driver; or c. That holds a person or organization en- gaged in the business of transporting prop- erty by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. I. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties re- lated to the conduct of your business. "Leased worker" does not include a "temporary worker". J. "Loss" means direct and accidental loss or dam- age. K. "Mobile equipment" means any of the following types of land vehicles, including any attached ma- chinery or equipment: 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2. Vehicles maintained for use solely on or next to premises you own or rent; 3. Vehicles that travel on crawler treads; 4. Vehicles, whether self-propelled or not, main- tained primarily to provide mobility to perma- nently mounted: a. Power cranes, shovels, loaders, diggers or drills; or b. Road construction or resurfacing equipment such as graders, scrapers or rollers; 5. Vehicles not described in Paragraph 1., 2., 3. or 4. above that are not self-propelled and are maintained primarily to provide mobility to per- manently attached equipment of the following types: a. Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well-servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers; or Page 12 of 12 © Insurance Services Office, Inc., 2009 CA 00 01 03 10 6. Vehicles not described in Paragraph 1., 2., 3. or 4. above maintained primarily for purposes other than the transportation of persons or car- go. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": a. Equipment designed primarily for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning; b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and c. Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting or well-servicing equipment. However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally ga- raged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". L. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. M. "Property damage" means damage to or loss of use of tangible property. N. "Suit" means a civil proceeding in which: 1. Damages because of "bodily injury" or "prop- erty damage"; or 2. A "covered pollution cost or expense"; to which this insurance applies, are alleged. "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or ex- penses" are claimed and to which the "in- sured" must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the insured submits with our consent. O. "Temporary worker" means a person who is fur- nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short-term workload conditions. P. "Trailer" includes semitrailer. CA 01 43 05 07 © ISO Properties, Inc., 2006 Page 1 of 2 COMMERCIAL AUTO CA 01 43 05 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES For a covered "auto" licensed or principally garaged in or "garage operations" conducted in California this en- dorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi - fied by the endorsement. A. The term "spouse" is replaced by the following: Spouse or registered domestic partner under Cali- fornia law. B. The following are added to the Other Insurance Condition in the Business Auto and Garage Cov- erage Forms and the Other Insurance – Primary And Excess Insurance Provisions in the Motor Carrier and Truckers Coverage Forms and super - sede any provisions to the contrary: 1. When this Coverage Form and any other Cov- erage Form or policy providing liability cover- age apply to an "auto" and: a. One provides coverage to a Named Insured engaged in the business of selling, repair- ing, servicing, delivering, testing or road- testing "autos", and b. The other provides coverage to a person not engaged in that business, and c. At the time of an "accident", a person de- scribed in Paragraph 1.b. is operating an "auto" owned by the business described in Paragraph 1.a., then that person's liability coverage is primary and the Coverage Form issued to a business described in Paragraph 1.a. is excess over any cover- age available to that person. 2. When this Coverage Form and any other Cov- erage Form or policy providing liability cover- age apply to an "auto" and: a. One provides coverage to a Named Insured engaged in the business of selling, repair- ing, servicing, delivering, testing or road- testing "autos", and b. The other provides coverage to a person not engaged in that business, and c. At the time of an "accident" an "insured" under the Coverage Form described in Paragraph 2.a. is operating an "auto" owned by a person described in Paragraph 2.b., then the Coverage Form issued to the business described in Paragraph 2.a. is primary and the liability coverage issued to a person described in Paragraph 2.b. is ex- cess over any coverage available to the business. 3. When this Coverage Form and any other Cov- erage Form or policy providing liability cover- age apply to a "commercial vehicle" and: a. One provides coverage to a Named In- sured, who in the course of business, rents or leases "commercial vehicles" without op- erators, and b. The other provides coverage to a person other than as described in Paragraph 3.a., and c. At the time of an "accident", a person who is not the Named Insured of the policy de- scribed in Paragraph 3.a., and who is not the agent or "employee" of such Named In- sured is operating a "commercial vehicle" provided by the business covered by the Coverage Form or policy described in Paragraph 3.a., then the liability coverage provided by the Coverage Form or policy described in Paragraph 3.b. is primary, and the liability coverage provided by the Cov- erage Form or policy described in Para- graph 3.a. is excess over any coverage available to that person. Page 2 of 2 © ISO Properties, Inc., 2006 CA 01 43 05 07 4. Notwithstanding Paragraph B.3., when this Coverage Form and any other Coverage Form or policy providing liability coverage apply to a power unit and any connected "trailer" or "trail- ers" and: a. One provides coverage to a Named Insured engaged in the business of transporting property by "auto" for hire; and b. The other provides coverage to a Named Insured not engaged in that business; and c. At the time of an "accident", a power unit is being operated by a person insured under the Coverage Form or policy described in Paragraph 4.a., then that Coverage Form or policy is primary for both the power unit and any connected "trailer" or "trailers" and the Coverage Form or policy described in Paragraph 4.b. is excess over any other coverage available to such power unit and attached "trailer" or "trailers". C. As used in this endorsement: "Commercial vehicle" means an "auto" subject to registration or identification under California law which is: 1. Used or maintained for the transportation of persons for hire, compensation or profit; 2. Designed, used or maintained primarily for the transportation of property; or 3. Leased for a period of six months or more. CA 03 05 02 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 POLICY NUMBER: PHPK2553043-018 COMMERCIAL AUTO CA 03 05 02 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES – WAIVER OF COLLISION DEDUCTIBLE For a covered "auto" licensed or principally garaged in or "garage operations" conducted in California this en- dorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi - fied by the endorsement. Endorsement Effective: 06/01/2025 Countersigned By: (Authorized Representative) Named Insured: West Valley Community Services of SCHEDULE Waiver Of Collision Deductible Designation Or Description Of Covered "Auto" Premium 0001 2009 DODGE SPRINTER 2500 WD0PE745295380349 Included 0002 2012 FORD TRANSIT CONNECT XLT NM0LS6BN1CT0 88222 Included 0003 2014 GMC SAVANA 1GTW7FCA2E1912899 Included 0004 2013 ISUZU NPR 54DB4W1B3DS801379 Included 0005 2020 FORD F59 1F66F5KN4L0A04722 Included 0006 2019 TOYOTA SIENNA 5TDKZ3DC5KS006638 Included 0007 2023 NISSAN KICKS 3N1CP5BVXPL563524 Included (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. When Physical Damage Coverage provides cov- erage for a "loss" to a covered "auto" caused by its collision or upset, and: 1. The "loss" involves an "uninsured motor vehi- cle"; and 2. You are legally entitled to recover the full amount of your "loss" from the owner or opera- tor of the "uninsured motor vehicle"; and 3. The Schedule indicates that the Waiver Of Collision deductible provision applies to the covered "auto"; then We will pay the full deductible. Subject to the above, if you are legally entitled to recover only a percentage of your "loss", we will pay that per - centage of your deductible. However, if the amount of the "loss" is less than your deductible, we will pay the percentage of the "loss" that you are legally entitled to recover. In no event will we pay more than the amount of the "loss". Page 2 of 2 Copyright, Insurance Services Office, Inc., 1996 CA 03 05 02 97 B. Conditions 1. The following is added to the Conditions Sec- tion: ARBITRATION a. If we and an "insured" disagree whether the "insured" is legally entitled to recover dam- ages from the owner or operator of an "un- insured motor vehicle" or do not agree as to the amount of damages that are recover- able by that "insured", the disagreement will be settled by a single neutral arbitrator. However, disputes concerning coverage under this endorsement may not be arbi- trated. The arbitration must be formally in- stituted by the "insured" within one year from the date of the "accident". Each party will bear the expenses of the arbitrator equally. b. Unless both parties agree otherwise, arbi- tration will take place in the county in which the "insured" lives. Local rules of law as to arbitration procedure and evidence will ap- ply. The decision of the arbitrator will be binding. 2. Paragraph 2.a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Loss Condition is replaced as follows: a. You must report the "accident" or "loss" to us or our agent within ten business days. You must tell us how, when and where the "loss" happened. You must assist in obtain- ing names and addresses of any injured persons and witnesses. C. Additional Definitions As used in this endorsement: 1. For Physical Damage Coverage: a. "Auto" means a self-propelled motor vehi- cle. However, it does not include: (1) A vehicle transporting persons for hire, compensation or profit, other than a van pool vehicle; (2) A vehicle designed, used or maintained primarily for the transportation of prop- erty; or (3) "Mobile equipment". b. "Uninsured motor vehicle" means a land motor vehicle or trailer which is involved in a collision with a covered "auto" and for which: (1) No liability bond or policy at the time of an "accident" provides at least the amount required for property damage li- ability by the California Financial Re- sponsibility Law; or (2) The insuring or bonding company de- nies coverage or refuses to admit cov- erage except conditionally or with reser- vation or becomes insolvent. The collision must involve direct physical contact between a covered "auto" and the "uninsured motor vehicle" and: (1) The owner or operator of that vehicle must be identified; or (2) The "uninsured motor vehicle" must be identified by its license number. However, "uninsured motor vehicle" does not include any vehicle: (1) Owned or operated by a self-insurer under any applicable motor vehicle law except a self-insurer who is or becomes insolvent and cannot provide the amounts required by that motor vehicle law; (2) Owned by a governmental unit or agency; or (3) Designed for use mainly off public roads while not on public roads. CA 03 05 02 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 POLICY NUMBER: PHPK2553043-018 COMMERCIAL AUTO CA 03 05 02 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES – WAIVER OF COLLISION DEDUCTIBLE For a covered "auto" licensed or principally garaged in or "garage operations" conducted in California this en- dorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi - fied by the endorsement. Endorsement Effective: 06/01/2025 Countersigned By: (Authorized Representative) Named Insured: West Valley Community Services of SCHEDULE Waiver Of Collision Deductible Designation Or Description Of Covered "Auto" Premium 0008 2020 FORD TRANSIT 1FTBR1C88LKB43079 Included (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. When Physical Damage Coverage provides cov- erage for a "loss" to a covered "auto" caused by its collision or upset, and: 1. The "loss" involves an "uninsured motor vehi- cle"; and 2. You are legally entitled to recover the full amount of your "loss" from the owner or opera- tor of the "uninsured motor vehicle"; and 3. The Schedule indicates that the Waiver Of Collision deductible provision applies to the covered "auto"; then We will pay the full deductible. Subject to the above, if you are legally entitled to recover only a percentage of your "loss", we will pay that per - centage of your deductible. However, if the amount of the "loss" is less than your deductible, we will pay the percentage of the "loss" that you are legally entitled to recover. In no event will we pay more than the amount of the "loss". Page 2 of 2 Copyright, Insurance Services Office, Inc., 1996 CA 03 05 02 97 B. Conditions 1. The following is added to the Conditions Sec- tion: ARBITRATION a. If we and an "insured" disagree whether the "insured" is legally entitled to recover dam- ages from the owner or operator of an "un- insured motor vehicle" or do not agree as to the amount of damages that are recover- able by that "insured", the disagreement will be settled by a single neutral arbitrator. However, disputes concerning coverage under this endorsement may not be arbi- trated. The arbitration must be formally in- stituted by the "insured" within one year from the date of the "accident". Each party will bear the expenses of the arbitrator equally. b. Unless both parties agree otherwise, arbi- tration will take place in the county in which the "insured" lives. Local rules of law as to arbitration procedure and evidence will ap- ply. The decision of the arbitrator will be binding. 2. Paragraph 2.a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Loss Condition is replaced as follows: a. You must report the "accident" or "loss" to us or our agent within ten business days. You must tell us how, when and where the "loss" happened. You must assist in obtain- ing names and addresses of any injured persons and witnesses. C. Additional Definitions As used in this endorsement: 1. For Physical Damage Coverage: a. "Auto" means a self-propelled motor vehi- cle. However, it does not include: (1) A vehicle transporting persons for hire, compensation or profit, other than a van pool vehicle; (2) A vehicle designed, used or maintained primarily for the transportation of prop- erty; or (3) "Mobile equipment". b. "Uninsured motor vehicle" means a land motor vehicle or trailer which is involved in a collision with a covered "auto" and for which: (1) No liability bond or policy at the time of an "accident" provides at least the amount required for property damage li- ability by the California Financial Re- sponsibility Law; or (2) The insuring or bonding company de- nies coverage or refuses to admit cov- erage except conditionally or with reser- vation or becomes insolvent. The collision must involve direct physical contact between a covered "auto" and the "uninsured motor vehicle" and: (1) The owner or operator of that vehicle must be identified; or (2) The "uninsured motor vehicle" must be identified by its license number. However, "uninsured motor vehicle" does not include any vehicle: (1) Owned or operated by a self-insurer under any applicable motor vehicle law except a self-insurer who is or becomes insolvent and cannot provide the amounts required by that motor vehicle law; (2) Owned by a governmental unit or agency; or (3) Designed for use mainly off public roads while not on public roads. CA 04 24 04 06 © ISO Properties, Inc., 2005 Page 1 of 2 COMMERCIAL AUTO CA 04 24 04 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA AUTO MEDICAL PAYMENTS COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi - fied by the endorsement. A. Coverage We will pay reasonable expenses incurred for necessary medical and funeral services to or for an "insured" who sustains "bodily injury" caused by "accident". We will pay only those expenses in - curred, for services rendered within three years from the date of the "accident". B. Who Is An Insured 1. You while "occupying" or, while a pedestrian, when struck by any "auto". 2. If you are an individual, any "family member" while "occupying" or, while a pedestrian, when struck by any "auto". 3. Anyone else "occupying" a covered "auto" or a temporary substitute for a covered "auto". The covered "auto" must be out of service because of its breakdown, repair, servicing, loss or de- struction. C. Exclusions This insurance does not apply to any of the follow - ing: 1. "Bodily injury" sustained by an "insured" while "occupying" a vehicle located for use as a premises. 2. "Bodily injury" sustained by you or any "family member" while "occupying" or struck by any vehicle (other than a covered "auto") owned by you or furnished or available for your regular use. 3. "Bodily injury" sustained by any "family mem- ber" while "occupying" or struck by any vehicle (other than a covered "auto") owned by or fur- nished or available for the regular use of any "family member". 4. "Bodily injury" to your "employee" arising out of and in the course of employment by you. How- ever, we will cover "bodily injury" to your do- mestic "employees" if not entitled to workers' compensation benefits. For the purposes of this endorsement, a domestic "employee" is a person engaged in household or domestic work performed principally in connection with a residence premises. 5. "Bodily injury" to an "insured" while working in a business of selling, servicing, repairing or parking "autos" unless that business is yours. 6. "Bodily injury" arising directly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental au- thority in hindering or defending against any of these. Page 2 of 2 © ISO Properties, Inc., 2005 CA 04 24 04 06 7. "Bodily injury" to anyone using a vehicle with- out a reasonable belief that the person is enti- tled to do so. 8. "Bodily injury" sustained by an "insured" while "occupying" any covered "auto" while used in any professional racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply to any "bodily injury" sustained by an "insured" while the "auto" is being prepared for such a contest or activity. D. Limit Of Insurance Regardless of the number of covered "autos", "in- sureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for "bodily injury" for each "insured" injured in any one "accident" is the Limit Of Insurance for Auto Medi- cal Payments Coverage shown in the Declara- tions. No one will be entitled to receive duplicate pay - ments for the same elements of "loss" under this coverage and any Liability Coverage Form, Unin- sured Motorists Coverage Endorsement or Under- insured Motorists Coverage Endorsement at- tached to this Coverage Part. E. Changes In Conditions The Conditions are changed for Auto Medical Payments Coverage as follows: 1. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply. 2. The reference in Other Insurance in the Busi- ness Auto and Garage Coverage Forms and Other Insurance – Primary And Excess In- surance Provisions in the Truckers and Motor Carrier Coverage Forms to "other collectible insurance" applies only to other collectible auto medical payments insurance. F. Additional Definitions As used in this endorsement: 1. "Family member" means a person related to you by blood, adoption, marriage or registered domestic partnership under California law, who is a resident of your household, including a ward or foster child. 2. "Occupying" means in, upon, getting in, on, out or off. COMMERCIAL AUTO CA 99 33 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 99 33 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 EMPLOYEES AS INSUREDS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi - fied by the endorsement. The following is added to the Section II – Liability Coverage, Paragraph A.1. Who Is An Insured Provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your busi- ness or your personal affairs. COMMERCIAL AUTO CA 99 34 12 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 99 34 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 1 of 1 SOCIAL SERVICE AGENCIES – VOLUNTEERS AS INSUREDS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi - fied by the endorsement. The following is added to the LIABILITY COVERAGE WHO IS AN INSURED provision: Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. Anyone else who furnishes that "auto" is also an "insured". PI-AUT-001 (01/16) 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: COMMERCIAL AUTO COVERAGE PART We will pay for any injury or damage arising out of a “certified act of terrorism”. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Act for a “certified act of terrorism” includes the following": 1. The act resulted in insured losses in excess of $5 million in the aggregate, 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. The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage otherwise excluded under this Coverage Part. PI-AUT-001 (01/16) Page 1 of 1 Includes copyrighted material of the Insurance Services Office Inc., used with its permission. PI-CA-032 CA (05/21) PI-CA-032 CA (05/21) Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc., with permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA UNINSURED MOTORISTS COVERAGE – BODILY INJURY For a covered "auto" licensed or principally garaged in or "garage operations" conducted in California, this endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: West Valley Community Services of Endorsement Effective Date: 06/01/2025 SCHEDULE Limit Of Insurance: $ 1,000,000 Each "Accident" Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Coverage 1. We will pay all sums the "insured" is legally entitled to recover as compensatory damages from the owner or driver of an "uninsured motor vehicle". The damages must result from "bodily injury" sustained by the "insured" caused by an "accident". The owner's or driver's liability for these damages must result from the ownership, maintenance or use of the "uninsured motor vehicle". 2. We will pay only after the limits of liability under any liability bonds or policies have been exhausted by payment of judgments or settlements. 3. Any judgment for damages arising out of a "suit" brought without our written consent is not binding on us. B. Who Is An Insured If the Named Insured is designated in the Declarations as: 1. An individual, then the following are "insureds": a. The Named Insured and any "family members". b. Anyone else "occupying" a covered "auto" or a temporary substitute for a covered "auto". The PI-CA-032 CA (05/21) PI-CA-032 CA (05/21) Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc., with permission. covered "auto" must be out of service because of its breakdown, repair, servicing, "loss" or destruction. c. Anyone for damages he or she is entitled to recover because of "bodily injury" sustained by another "insured". 2. A partnership, limited liability company, corporation or any other form of organization, then the following are "insureds": a. Anyone "occupying" a covered "auto" or a temporary substitute for a covered "auto". The covered "auto" must be out of service because of its breakdown, repair, servicing, "loss" or destruction. b. Anyone for damages he or she is entitled to recover because of "bodily injury" sustained by another "insured". C. Exclusions This insurance does not apply to any of the following: 1. Punitive or exemplary damages. 2. Any claim settled without our consent. However, this exclusion does not apply to a settlement made with the insurer of a vehicle described in Paragraph b. of the definition of "uninsured motor vehicle". 3. In any instance where it would directly or indirectly benefit any insurer or self-insurer under any workers' compensation, disability benefits or similar law or to the direct benefit of the United States, a state or its political subdivisions. 4. "Bodily injury" sustained by: a. An individual Named Insured while "occupying" or when struck by any vehicle owned by that Named Insured that is not a covered "auto" for Uninsured Motorists Coverage under this coverage form; b. Any "family member" while "occupying" or when struck by any vehicle owned by that "family member" that is not a covered "auto" for Uninsured Motorists Coverage under this coverage form; or c. Any "family member" while "occupying" or when struck by any vehicle owned by the Named Insured that is insured for Uninsured Motorists Coverage on a primary basis under any other coverage form or policy. However, Exclusion 4. shall not apply to "bodily injury" sustained by an individual Named Insured or "family member" when struck by a vehicle owned by that "insured" and operated or caused to be operated by a person without that "insured's" consent in connection with criminal activity that has been documented in a police report and to which that "insured" is not a party to. 5. "Bodily injury" sustained by an individual Named Insured or any "family member" while "occupying" any vehicle leased by that Named Insured or any "family member" under a written contract for a period of six months or more that is not a covered "auto". 6. Anyone using a vehicle without a reasonable belief that the person is entitled to do so. 7. "Bodily injury" sustained by an "insured" while "occupying" any "auto" that is rented or leased to PI-CA-032 CA (05/21) PI-CA-032 CA (05/21) Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc., with permission. that "insured" for use as a public or livery conveyance. However, this exclusion does not apply if the "insured" is in the business of providing public or livery conveyance. 8. "Bodily injury" arising directly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. D. Limit Of Insurance 1. Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for all damages resulting from any one "accident" is the Limit of Insurance for Uninsured Motorists Coverage shown in the Schedule or Declarations. 2. For a vehicle described in Paragraph b. of the definition of "uninsured motor vehicle", our Limit of Insurance shall be reduced by all sums paid because of "bodily injury" by or for anyone who is legally responsible, including all sums paid or payable under this policy's Liability Coverage. 3. No one will be entitled to receive duplicate payments for the same elements of "loss" under this coverage and any Liability Coverage form or Medical Payments Coverage endorsement attached to this Coverage Part. We will not make a duplicate payment under this coverage for any element of "loss" for which payment has been made by or for anyone who is legally responsible. We will not pay for any element of "loss" if a person is entitled to receive payment for the same element of "loss" under any workers' compensation, disability benefits or similar law. 4. The Limit of Insurance under this endorsement shall be reduced by all sums: a. Paid under any workers’ compensation law (exclusive of non-occupational disability benefits). This applies whether or not the “insured” elects to pursue benefits under workers’ compensation. b. The present value of the amounts payable or required to be provided under any workers’ compensation law (exclusive of non-occupational disability benefits). This applies whether or not the “insured” elects to pursue benefits under workers’ compensation. c. Paid as a result of “bodily injury” by or on behalf of any person or organization that may be legally liable for the injury, including all sums paid or payable under this policy’s Liability Coverage. E. Changes In Conditions The Conditions are changed for California Uninsured Motorists Coverage – Bodily Injury as follows: 1. Duties In The Event Of Accident, Claim, Suit Or Loss is changed by adding the following: PI-CA-032 CA (05/21) PI-CA-032 CA (05/21) Page 4 of 6 Includes copyrighted material of Insurance Services Office, Inc., with permission. a. Promptly notify the police if a hit-and-run driver is involved; and b. Send us copies of the legal papers if a "suit" is brought. In addition, a person seeking coverage under Paragraph b. of the definition of "uninsured motor vehicle" must: (1) Provide us with a copy of the complaint by personal service or certified mail if the "insured" brings an action against the owner or operator of such "uninsured motor vehicle"; (2) Within a reasonable time, make all pleadings and depositions available for copying by us or furnish us copies at our expense; and (3) Provide us with proof that the limits of insurance under any applicable liability bonds or policies have been exhausted by payment of judgments or settlements. 2. Legal Action Against Us is replaced by the following: No legal action may be brought against us under this coverage form until there has been full compliance with all the terms of this coverage form and with respect to Paragraphs a., c. and d. of the definition of "uninsured motor vehicle" unless within two years from the date of the "accident": a. Agreement as to the amount due under this insurance has been concluded; b. The "insured" has formally instituted arbitration proceedings against us. In the event that the "insured" decides to arbitrate, the "insured" must formally begin arbitration proceedings by notifying us in writing, sent by certified mail, return receipt requested; or c. "Suit" for "bodily injury" has been filed against the uninsured motorist in a court of competent jurisdiction. Written notice of the "suit" must be given to us within a reasonable time after the "insured" knew, or should have known, that the other motorist is uninsured. In no event will such notice be required before two years from the date of the accident. Failure of the "insured" or his or her representative to give us such notice of the "suit" will relieve us of our obligations under this coverage form only if the failure to give notice prejudices our rights. 3. Transfer Of Rights Of Recovery Against Others To Us is replaced by the following: a. With respect to Paragraphs a., c. and d. of the definition of "uninsured motor vehicle", if we make any payment, we are entitled to recover what we paid from other parties. Any person to or for whom we make payment must transfer to us his or her rights of recovery against any other party. This person must do everything necessary to secure these rights and must do nothing that would jeopardize them. b. With respect to Paragraph b. of the definition of "uninsured motor vehicle", if we make any payment and the "insured" recovers from another party, the "insured" shall hold the proceeds in trust for us and pay us back the amount we have paid. 4. Other Insurance in the Business Auto and Garage Coverage Forms and Other Insurance – Primary And Excess Insurance Provisions in the Truckers and Motor Carrier Coverage Forms are replaced by the following: If there is other applicable insurance available under one or more policies or provisions of PI-CA-032 CA (05/21) PI-CA-032 CA (05/21) Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc., with permission. coverage: a. The maximum recovery under all coverage forms or policies combined may equal but not exceed the highest applicable limit for any one vehicle under any coverage form or policy providing coverage on either a primary or excess basis. b. Any insurance we provide with respect to a vehicle the Named Insured does not own shall be excess over any other collectible uninsured motorists insurance providing coverage on a primary basis. c. If the coverage under this coverage form is provided: (1) On a primary basis, we will pay only our share of the "loss" that must be paid under insurance providing coverage on a primary basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on a primary basis. (2) On an excess basis, we will pay only our share of the "loss" that must be paid under insurance providing coverage on an excess basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on an excess basis. 5. The following Condition is added: Arbitration a. If we and an "insured" disagree whether the "insured" is legally entitled to recover damages from the owner or driver of an "uninsured motor vehicle" or do not agree as to the amount of damages that are recoverable by that "insured", the disagreement will be settled by arbitration. Such arbitration may be initiated by a written demand for arbitration made by either party. The arbitration shall be conducted by a single neutral arbitrator. However, disputes concerning coverage under this endorsement may not be arbitrated. Each party will bear the expenses of the arbitrator equally. b. Unless both parties agree otherwise, arbitration will take place in the county in which the "insured" lives. Local rules of law as to arbitration procedures and evidence will apply. The decision of the arbitrator will be binding. F. Additional Definitions The following are added to the Definitions section: 1. "Family member" means the individual Named Insured's spouse, whether or not a resident of the individual Named Insured's household, and any other person related to such Named Insured by blood, adoption, marriage or registered domestic partnership under California law, who is a resident of such Named Insured's household, including a ward or foster child. 2. "Occupying" means in, upon, getting in, on, out or off. 3. "Uninsured motor vehicle" means a land motor vehicle or trailer: a. For which no liability bond or policy at the time of an "accident" provides at least the amounts required by the applicable law where a covered "auto" is principally garaged; b. That is an underinsured motor vehicle. An underinsured motor vehicle is a land motor vehicle or "trailer" for which the sum of all liability bonds or policies at the time of an "accident" PI-CA-032 CA (05/21) PI-CA-032 CA (05/21) Page 6 of 6 Includes copyrighted material of Insurance Services Office, Inc., with permission. provides at least the amounts required by the applicable law where a covered "auto" is principally garaged but that sum is less than the Limit of Insurance for this coverage; c. For which an insuring or bonding company denies coverage or refuses to admit coverage except conditionally or with reservation or becomes insolvent; d. That is a hit-and-run vehicle and neither the driver nor owner can be identified. The vehicle must make physical contact with an "insured", a covered "auto" or a vehicle an "insured" is "occupying"; or e. That is owned by an individual Named Insured or "family member" and operated or caused to be operated by a person without the owner's consent in connection with criminal activity that has been documented in a police report. However, "uninsured motor vehicle" does not include any vehicle: (1) Owned or operated by a self-insurer under any applicable motor vehicle law except a self-insurer who is or becomes insolvent and cannot provide the amounts required by that motor vehicle law; (2) Owned by the United States of America, Canada, a state or political subdivision of any of those governments or an agency of any of the foregoing; or (3) Designed or modified for use primarily off public roads while not on public roads. PI-MANU-1 (01/00) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY Schedule of Add-on's for Vehicle 1 - 2009 Dodge Sprinter Thermo-King Stand-By Refrigeration Unit = $7,700.00 Bulkhead Addition and 3-inch Insulation Throughout = $7,900.00 Adrian Steel Full Custom Shelving = $3,317.14 All other terms and conditions of this Policy remain unchanged. Page 1 of 1 CP 00 90 07 88 Copyright, ISO Commercial Risk Services, Inc., 1983, 1987 Page 1 of 2 COMMERCIAL PROPERTY COMMERCIAL PROPERTY CONDITIONS This Coverage Part is subject to the following conditions, the Common Policy Conditions and applicable Loss Conditions and Additional Conditions in Commercial Property Coverage Forms. A. CONCEALMENT, MISREPRESENTATION OR FRAUD This Coverage Part is void in any case of fraud by you as it relates to this Coverage Part at any time. It is also void if you or any other insured, at any time, intentionally conceal or misrepresent a mate- rial fact concerning: 1. This Coverage Part; 2. The Covered Property; 3. Your interest in the Covered Property; or 4. A claim under this Coverage Part. B. CONTROL OF PROPERTY Any act or neglect of any person other than you beyond your direction or control will not affect this insurance. The breach of any condition of this Coverage Part at any one or more locations will not affect cover- age at any location where, at the time of loss or damage, the breach of condition does not exist. C. INSURANCE UNDER TWO OR MORE COVER- AGES If two or more of this policy's coverages apply to the same loss or damage, we will not pay more than the actual amount of the loss or damage. D. LEGAL ACTION AGAINST US No one may bring a legal action against us under this Coverage Part unless: 1. There has been full compliance with all of the terms of this Coverage Part; and 2. The action is brought within 2 years after the date on which the direct physical loss or dam- age occurred. E. LIBERALIZATION If we adopt any revision that would broaden the coverage under this Coverage Part without addi- tional premium within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this Coverage Part. F. NO BENEFIT TO BAILEE No person or organization, other than you, having custody of Covered Property will benefit from this insurance. G. OTHER INSURANCE 1. You may have other insurance subject to the same plan, terms, conditions and provisions as the insurance under this Coverage Part. If you do, we will pay our share of the covered loss or damage. Our share is the proportion that the applicable Limit of Insurance under this Cover- age Part bears to the Limits of Insurance of all insurance covering on the same basis. 2. If there is other insurance covering the same loss or damage, other than that described in 1. above, we will pay only for the amount of cov- ered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance. H. POLICY PERIOD, COVERAGE TERRITORY Under this Coverage Part: 1. We cover loss or damage commencing: a. During the policy period shown in the Dec- larations; and b. Within the coverage territory. 2. The coverage territory is: a. The United States of America (including its territories and possessions); b. Puerto Rico; and c. Canada. Page 2 of 2 Copyright, ISO Commercial Risk Services, Inc., 1983, 1987 CP 00 90 07 88 I. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If any person or organization to or for whom we make payment under this Coverage Part 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 them. But you may waive your rights against another party in writing: 1. Prior to a loss to your Covered Property or Covered Income. 2. After a loss to your Covered Property or Cov- ered Income only if, at time of loss, that party is one of the following: a. Someone insured by this insurance; b. A business firm: (1) Owned or controlled by you; or (2) That owns or controls you; or c. Your tenant. This will not restrict your insurance. COMMERCIAL PROPERTY CP 01 40 07 06 © ISO Properties, Inc., 2006 Page 1 of 1 CP 01 40 07 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART STANDARD PROPERTY POLICY A. The exclusion set forth in Paragraph B. applies to all coverage under all forms and endorsements that comprise this Coverage Part or Policy, includ- ing but not limited to forms or endorsements that cover property damage to buildings or personal property and forms or endorsements that cover business income, extra expense or action of civil authority. B. We will not pay for loss or damage caused by or resulting from any virus, bacterium or other micro- organism that induces or is capable of inducing physical distress, illness or disease. However, this exclusion does not apply to loss or damage caused by or resulting from "fungus", wet rot or dry rot. Such loss or damage is addressed in a separate exclusion in this Coverage Part or Pol- icy. C. With respect to any loss or damage subject to the exclusion in Paragraph B., such exclusion super- sedes any exclusion relating to "pollutants". D. The following provisions in this Coverage Part or Policy are hereby amended to remove reference to bacteria: 1. Exclusion of "Fungus", Wet Rot, Dry Rot And Bacteria; and 2. Additional Coverage – Limited Coverage for "Fungus", Wet Rot, Dry Rot And Bacteria, in- cluding any endorsement increasing the scope or amount of coverage. E. The terms of the exclusion in Paragraph B., or the inapplicability of this exclusion to a particular loss, do not serve to create coverage for any loss that would otherwise be excluded under this Coverage Part or Policy. COMMERCIAL PROPERTY CP 02 99 11 85 Copyright, ISO Commercial Risk Services, Inc., 1984 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION CHANGES This endorsement modifies insurance provided under the following: COMMERCIAL PROPERTY COVERAGE PART The following is added to the CANCELLATION Com- mon Policy Condition: If any one of the following conditions exists at any building that is Covered Property in this policy, we may cancel this Coverage Part by mailing or deliver- ing to the first Named Insured written notice of cancel- lation at least 5 days before the effective date of can- cellation. A. The building has been vacant or unoccupied 60 or more consecutive days. This does not apply to: 1. Seasonal unoccupancy; 2. Buildings in the course of construction, renova - tion or addition; or 3. Buildings to which the Vacancy Permit en- dorsement applies. Buildings with 65% or more of the rental units or floor area vacant or unoccupied are considered unoccupied under this provision. B. After damage by a covered cause of loss, perma- nent repairs to the building: 1. Have not started, and 2. Have not been contracted for, within 30 days of initial payment of loss. C. The building has: 1. An outstanding order to vacate; 2. An outstanding demolition order; 3. Been declared unsafe by governmental author- ity. D. Fixed and salvageable items have been or are being removed from the building and are not being replaced. This does not apply to such removal that is necessary or incidental to any renovation or re- modeling. E. Failure to: 1. Furnish necessary heat, water, sewer service or electricity for 30 consecutive days or more, except during a period of seasonal unoccu- pancy; or 2. Pay property taxes that are owing and have been outstanding for more than one year fol- lowing the date due, except that this provision will not apply where you are in a bona fide dis- pute with the taxing authority regarding pay- ment of such taxes. PI-ULT-007 11.98 Page 1 of 24 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1995 PROPERTY COVERAGE FORM Various provisions in this policy restrict coverage. Read this entire policy carefully to determine rights, duties and what is and is not covered. Throughout this Coverage Form the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and “our" refer to the Company providing this Insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G., Definitions. A. Coverage We will pay for direct physical "loss" to Covered Property caused by or resulting from any of the Covered Causes of Loss. 1. Covered Property Covered Property, as used in this Coverage Form, means the following types of property for which a Limit of Insurance is shown in the Declarations. a. Your Business Personal Property, and similar property of others in your care, custody or control: (1) Located in or on the "buildings" described in the Declarations or within 1,000 feet of the described premises; (2) In transit; and (3) Property at locations not specifically identified, including property in the care, custody or control of salespersons, property at exhibitions, and trade shows; Consisting of the following: (a) Furniture and fixtures; (b) Machinery and equipment; (c) "Stock"; (d) "Fine Arts" If the total value of “Fine Arts" is over $25,000 they must be listed in a schedule on file with us; (e) "Computer Property"; (f) All other personal property owned by you and used in your business; (g) Labor, materials or services furnished or arranged by you on personal property of others; PI-ULT-007 11.98 Page 2 of 24 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1995 (h) Your use interest as tenant in improvements and betterments. Improvements and betterments are fixtures, alterations, installations or additions: (i) Made a part of the "buildings" you occupy but do not own; and (ii) You acquired or made at your expense but cannot legally remove; (i) Building glass for which you have a contractual responsibility as tenant, including encasement frames, alarm tape, lettering and ornamentation; (j) Communication towers, antennas or satellite dishes including their lead-in wiring, masts and guy wires; and (k) Signs. b. "Buildings" described in the Declarations including: (1) Building glass; (2) Completed additions; (3) Permanently installed; (a) Fixtures; (b) Machinery; and (c) Equipment; (4) Outdoor fixtures, including awnings; (5) Fences; (6) Personal property owned by you that is used to maintain or service the "buildings" or their premises, including: (a) Fire extinguishing equipment; (b) Outdoor furniture; (c) Floor coverings; (d) Appliances used for refrigerating, ventilating, cooking, dishwashing or laundering; (e) Alarm, communication and monitoring systems; (7) If not covered by other insurance: (a) Alterations within, or on the exterior of, the existing "buildings"; (b) Materials, equipment, supplies and temporary structures, on or within 1,000 feet of the described premises, used for making alterations to the existing "buildings"; PI-ULT-007 11.98 Page 3 of 24 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1995 (8) Foundations of covered "buildings", machinery and boilers and foundations of equipment and machinery, whether above or below ground; (9) Underground pipes, flues and drains. (10) Retaining walls that are not part of "buildings"; (11) Bridges, roadways, walks, patios, and other paved surfaces, including in-ground pools. 2. Property Not Covered Covered Property does not include: a. Aircraft, watercraft, or railroad rolling stock; b. Animals, birds or fish; c. Automobiles held for sale; d. Pilings, piers, wharves or docks; e. Contraband, or property in the course of illegal transportation or trade; f. "Money" or "securities"; g. The cost of excavations, grading, filling or backfilling, all except as provided under the Coverage Extensions; h. Land (including land on which the property is located), water, growing crops, standing timber or lawns; i. Property that is covered under another Coverage Form of this or any other policy in which it is more specifically described, except for the excess of the amount due (whether you can collect on it or not) from that other insurance; j. Vehicles or self-propelled machines that: (1) Are licensed for use on public roads; or (2) Are operated principally away from the described premises. This paragraph does not apply to: (1) Vehicles or self-propelled machines or autos you manufacture, process or warehouse; or (2) Vehicles or self-propelled machines, other than autos, you hold for sale; k. The following property while outside of " buildings": (1) Grain, hay, straw or other crops; (2) Trees, shrubs or plants (other than "stock" of trees, shrubs or plants) except as provided in the Coverage Extensions; PI-ULT-007 11.98 Page 4 of 24 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1995 l. Property that is covered under any import or export ocean marine insurance policy; m. After delivery to customers, property that you have sold under a conditional sale or trust agreement, installment payment or other deferred payment plan; n. Property of others for which you are responsible as a: (1) Carrier for hire; or (2) Carloader, consolidator, transportation broker, freight forwarder, shipping association or arranger of transportation. o. "Fine Arts", if the total value of such property is greater than $25,000, unless such property is listed in a Schedule on file with us; p. "Data" and "media" which cannot be reproduced or replaced with others of the same kind or quality; q. Property which is intended for installation at a premises you do not own, lease or control, after it has left your premises: and r. (1) "Buildings"; or (2) Additions to existing "buildings"; In the course of construction, except as provided in the Additional Coverages. 3. Covered Causes of Loss See the Causes of Loss Form. 4. Additional Coverages The most we will pay in any one occurrence for each of the following Additional Coverages is as stated under each, unless a different limit is shown in the Superseding Limits section of the Additional Coverage Summary Declarations. a. Debris Removal (1) We will pay your expenses to remove debris of Covered Property caused by or resulting from any of the Covered Causes of Loss that occur during the policy period. The expenses will be paid only if they are reported to us in writing within 180 days of the date of direct physical "loss". (2) (a) The most we will pay under this Additional Coverage in any one occurrence is 25% of : (i) The amount we pay for the direct physical "loss" to Covered Property; plus (ii) The Deductible in this Coverage Form applicable to that "loss". This limit does not increase any applicable Limits of Insurance provided by this Coverage Form. PI-ULT-007 11.98 Page 5 of 24 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1995 (b) But if either: (i) The sum of direct physical "loss" and Debris Removal expenses exceeds the applicable Limit of Insurance; or (ii) The Debris Removal expenses exceed the amount payable under the 25% limitation in subparagraph (2) (a) above; We will pay up to an additional $250,000 for each described premises in any one occurrence. This limit is in addition to the applicable Limits of Insurance provided by this Coverage Form. (3) This Additional Coverage does not apply to costs to: (a) Extract "pollutants" from land or water; or (b) Remove, restore or replace polluted land or water. b. Preservation of Property If it is necessary to move Covered Property from the described premises to preserve it from "loss" by any of the Covered Causes of Loss, we will pay for any direct physical "loss" to that property: (1) While it is being moved or while temporarily stored at another premises; and (2) Only if the "loss" occurs within 90 days after the property is first moved. This Additional Coverage does not increase the Limits of Insurance provided under this Coverage Form. c. Fire Department Service Charge When the fire department is called to save or protect Covered Property from any of the Covered Causes of Loss, we will pay for your liability of fire department service charges: (1) Assumed by contract or agreement prior to "loss"; or (2) Required by local ordinance. The most we will pay under this Additional Coverage in any one occurrence is $50,000. This Additional Coverage is in addition to the applicable Limits of Insurance provided by this Coverage Form. No deductible applies to this Additional Coverage. PI-ULT-007 11.98 Page 6 of 24 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1995 d. Fines for False Alarms We will pay any fines your are assessed that you are legally obligated to pay under local or state ordinances, regulations or laws, for any false alarms sent in to police or fire stations or to central monitoring stations by fire, burglar or sprinkler alarms installed to protect Covered Property at described premises or in safes or vaults on described premises. The most we will pay in any one occurrence is $2,500, but no more than $5,000 in any one policy year. This Additional Coverage is in addition to the applicable Limits of Insurance provided by this Coverage Form. No Deductible applies to this Additional Coverage. e. Fire, Sprinkler or Burglar Alarm Upgrade In the event of a total "loss" to covered fire, sprinkler or burglar alarm systems at described premises caused by or resulting from any of the Covered Causes of Loss, we will pay for the cost to purchase upgraded equipment. The most we will pay in any one occurrence is $50,000. This Additional Coverage does not increase the Limits of Insurance provided under this Coverage Form. f. Pollutant Clean Up and Removal We will pay your expenses to extract "pollutants" from land or water at the described premises if the discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused by or results from any of the Covered Causes of Loss that occur during the policy period. The expenses will be paid only if they are reported to us in writing within 180 days of the date on which the Covered Causes of Loss occur. This Additional Coverage does not apply to costs to test for, monitor or assess the existence, concentration or effects of "pollutants". But we will pay for testing which is performed in the course of extracting the "pollutants" from the land or water. The most we will pay under this Additional Coverage for each described premises is $25,000 for the sum of all covered expenses arising out of Covered Causes of Loss occurring during each separate 12 month period of this policy. This Additional Coverage is in addition to the applicable limits of insurance provided by this Coverage Form. g. Recharge or Refill of Fire Protection System We will pay your expenses to recharge or refill automatic fire protection systems when such systems are discharged as the result of any of the Covered Causes of Loss. We will not pay recharging or refilling expenses if the discharge occurred while the system was being tested. No Deductible applies to this Additional Coverage. This Additional Coverage does not increase the Limits of Insurance provided by this Coverage Form. PI-ULT-007 11.98 Page 7 of 24 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1995 h. Theft Damage to "Buildings" We will pay for "loss" to "buildings" (including equipment within the "buildings" used to maintain or service the "buildings") caused by theft or attempted theft of Covered Business Personal Property. This Additional Coverage is applicable only to the premises where you are a tenant and are liable for such damage. This Additional Coverage does not increase the Limits of Insurance provided by this Coverage Form. i. Brands and Labels If your "stock" is damaged as a result of any of the Covered Causes of Loss, you have two options when you do not want to sell it under your brand or label even though it has a salvage value. You can: (1) Remove the brand or label and then relabel the "stock" to comply with the law; or (2) Label the damaged "stock" as salvage but, in doing so, cause no further damage to the damaged "stock". We will pay the cost of removing and relabeling your "stock". In either case, we will pay the difference between the salvage value of the damaged "stock" with the brand and label attached, and the salvage value of the damaged "stock" with the brand and label removed. This Additional Coverage does not increase the Limits of Insurance provided by this Coverage Form. j. Consequential Damage We will pay for "consequential damage" to covered Business Personal Property caused by or resulting from any of the Covered Causes of Loss. The most we will pay under this Additional Coverage in any one occurrence is $25,000. This Additional Coverage does not increase the Limits of Insurance provided by this Coverage Form. k. Arson Reward In the event that a covered fire "loss" was the result of an act of arson, we will reimburse you up to $25,000 for rewards you pay for information leading to conviction of the person or persons responsible for that act of arson. This is additional insurance. The Coinsurance Condition and Deductible do not apply to this Additional Coverage. PI-ULT-007 11.98 Page 8 of 24 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1995 l. Computer Virus Extraction Expense We will pay: Your expenses to extract a "computer virus" from covered electronic data processing "hardware", "data" and "media". The most we will pay under this Coverage Extension in any one occurrence is $2,500. This Additional Coverage is the only portion of this policy that provides coverage for a "computer virus" extraction loss, regardless of any other cause or event that contributes concurrently or in any sequence to the "loss". This Additional Coverage is in addition to the applicable Limits of Insurance provided by this Coverage Form. m. Computer Upgrade (1) In the event of "loss" to covered electronic data processing "hardware" caused by or resulting from a Covered Cause of Loss, we will allow you to use the amount we pay you for that "loss" to purchase upgraded electronic data processing "hardware". (2) If you choose to upgrade that equipment, we will pay for the expenses you incur to convert your "data" and "media" to the upgraded system. n. Contract Penalty Clause We will pay for any contractual penalties you are required to pay to your customers as a result of any clause in your contracts for failure to timely deliver your product according to the contract terms. The penalties must result solely from direct physical “loss” to Covered Property caused by or resulting from any of the Covered Causes of Loss. The most we will pay for penalties for all contracts in any one occurrence is $25,000. This Additional Coverage is in addition to the applicable Limits of Insurance provided by this Coverage Form. o. Claim Expenses In the event of a covered “loss”, we will pay for all reasonable expenses you incur at our request to assist us in: (1) The investigation of a claim; or (2) The determination of the amount of “loss”, such as taking inventory. We will not pay for: (1) Expenses to prove that "loss" is covered; (2) Expenses incurred under Loss Condition E.2., Appraisal; or (3) Expenses billed by and payable to independent or public adjusters. PI-ULT-007 11.98 Page 9 of 24 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1995 The most we will pay under this Additional Coverage is $10,000. This Additional Coverage is in addition to the applicable Limits of Insurance provided by this Coverage Form. No deductible applies to this Additional Coverage. p. Worldwide Coverage We will pay for “loss” to Covered Property: (1) In transit, other than in the custody of a mail carrier, to or from: (a) The United States of America; (b) Canada; or (c) Territories or possessions of the United States of America; and Points worldwide, except those excluded below. This coverage applies from the delivery of the Covered Property at the point of origin shown in the bill of lading until it is discharged at the destination shown in the bill of lading. (2) At locations outside the Coverage Territory, while it is in the custody of directors, officers or employees who are traveling in the conduct of your business, except in those countries listed below. (3) This Additional Coverage does not apply to property located in, or in transit to, from or within, Afghanistan, Albania, Cambodia, Cuba, El Salvador, Guatemala, Haiti, Honduras, Iraq, Iran, Laos, Lebanon, Libya, Myanmar, Nicaragua, North Korea, Syria, Republics formerly a part of the Union of Soviet Socialist Republics, Vietnam, or Yugoslavia or Republics formerly a part of Yugoslavia. The most we will pay in any one occurrence is $25,000. This Additional Coverage is in addition to the applicable Limits of Insurance under this Coverage Form. 5. Coverage Extensions Except as otherwise provided, the following Coverage Extensions apply to property located in or on the "buildings" described in the Declarations or within 1,000 feet of the described premises. The most we will pay in any one occurrence for each of the following Coverage Extensions is as stated under each, unless a different limit is shown in the Superseding Limits column of the Additional Coverage Summary Declarations. a. Newly Acquired Property We will pay for direct physical "loss" to: (1) "Buildings" and business personal property you acquire; and (2) "Buildings" which you have had constructed after: (a) Construction is completed; and (b) You have accepted the "buildings" for occupancy; and PI-ULT-007 11.98 Page 10 of 24 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1995 (c) A Certificate of Occupancy has been issued by a civil or regulatory agency or authority that has jurisdiction over the "buildings"; At any premises caused by or resulting from any of the Covered Causes of Loss. The most we will pay under this Coverage Extension for "loss" to "buildings" and business personal property combined in any one occurrence is $1,000,000. This Coverage Extension does not increase the Limit of Insurance for "buildings" and business personal property at unspecified premises. This Coverage Extension for each Newly Acquired or Constructed Property will end when any of the following first occurs: (1) This policy expires; (2) 180 days expire after you acquire the property or have completed construction; or (3) You report values to us. We will charge you additional premium for values reported from the date you acquire the property or construction is completed. b. New Construction We will pay for direct physical “loss” caused by or resulting from any of the Covered Causes of Loss to: (1) "Buildings"; or (2) Additions to existing "buildings"; In the course of construction at any premises, if the construction began after the inception date of this policy. We do not cover “buildings" which you construct to sell to others or for the account of others. The most we will pay in any one occurrence is $500,000. This Additional Coverage will end when any of the following first occurs: (1) This policy expires; (2) 60 days expire after construction begins; or (3) You report the new construction to us; We will charge you additional premium for values reported from the date construction begins. This Additional Coverage is in addition to the applicable Limits of Insurance provided by this Coverage Form. PI-ULT-007 11.98 Page 11 of 24 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1995 c. Personal Effects (1) We will pay for direct physical “loss” to cellular phones and other portable electronic equipment owned by your employees and used in your business, while they are away from described premises, caused by or resulting from any of the Covered Causes of Loss. The most we will pay for such “loss” is $1,000 for property of any one employee and $2,500 in any one occurrence. (2) We will pay for direct physical “loss” to personal effects of your directors, officers, (partners) and employees, while they are traveling anywhere in the world in the conduct of your business, caused by or resulting from any of the Covered Causes of Loss. The most we will pay for such “loss” in any one occurrence is $1,000. (3) We will pay for direct physical “loss” to personal effects owned by you, your officers, your partners or your employees caused by or resulting from any of the Covered Cause of Loss at a described premises. The most we will pay for such “loss” is $25,000 at any one described premises. No Deductible applies to this Coverage Extension. d. Personal Effects - Spouses We will pay for direct physical "loss" to personal effects belonging to spouses of your directors, officers or partners when such spouses are traveling with your directors, officers or partners who are traveling anywhere in the world in the conduct of your business, caused by or resulting from any of the Covered Causes of Loss. The most we will pay for such "loss" is $500 for any one person or $1,000 in any one occurrence. No Deductible applies to this Coverage Extension. e. Accounts Receivable We will pay the following loss and expenses which are the direct result of "loss" to accounts receivable records caused by or resulting from any of the Covered Causes of Loss: (1) All sums due you from customers, provided you are unable to collect; (2) Interest charges on any loan to offset amounts you are unable to collect pending our payments of these accounts; (3) Collection expenses in excess of your normal collection expenses made necessary because of "loss"; and (4) Other reasonable expenses you incur to re-establish your records of accounts receivable following such "loss". We will not pay for "loss" that requires any audit of records or any inventory computation to prove its factual existence. The most we will pay under this Coverage Extension in any one occurrence is $250,000. PI-ULT-007 11.98 Page 12 of 24 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1995 f. Excavations and Landscaping We will pay for: (1) Your reasonable costs for excavations, grading, filling or backfilling at a described premises made necessary by direct physical “loss” to Covered Property caused by or resulting from any of the Covered Causes of Loss; and (2) Direct physical “loss” to your outdoor trees, shrubs and plants, including debris removal expenses, caused by or resulting from any of the following Causes of Loss: (a) Fire; (b) Lightning; (c) Explosion; (d) Riot or Civil Commotion; or (e) Aircraft. This Coverage Extension does not apply to "stock" of trees, shrubs and plants. The most we will pay under this Coverage Extension in any one occurrence is $25,000. g. Valuable Papers and Records - Cost of Research We will pay your expenses to research, replace, or restore the lost information on "valuable papers and records", including those converted to electronic data format, that are lost or damaged as a result of any of the Covered Causes of Loss. We will not pay for such expenses arising out of "loss" caused by or resulting from errors or omissions in processing or copying "valuable papers and records". But we will pay for expenses arising out of "loss" caused by resulting fire or explosion. The most we will pay under this Coverage Extension in any one occurrence is $250,000 at each described premises. h. Guard Dogs We will pay for direct death or destruction of a “guard dog” caused by or resulting from, or made necessary by, any of the following Causes of Loss: (1) Fire; (2) Lightning; (3) Explosion (4) Theft; (5) Vandalism (including shooting or poisoning); PI-ULT-007 11.98 Page 13 of 24 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1995 (6) Vehicles; or (7) Collision, upset or overturn of the vehicle transporting the "guard dog". The Cause of Loss must occur at described premises and during other than normal business hours, or while the "guard dog" is being transported to or from the described premises. This Additional Coverage does not apply to death or destruction of “stock” held for sale. The most we will pay for any one “guard dog” is $500, but not more than $1,000 in any one occurrence. No Deductible applies to this Coverage Extension. i. Fish in Aquariums We will pay for direct death or destruction of fish in aquariums caused by or resulting from, or made necessary by, any of the following Causes of Loss at the described premises: (1) Fire; (2) Lightning; (3) Explosion (4) Riot or Civil Commotion; (5) Aircraft; or (6) Interruption of power supply service to the described premises, when the cause of the event occurs more than 1,000 feet from the premises. This Coverage Extension does not apply to death or destruction of "stock” held for sale. The most we will pay in any one occurrence is $1,000. No deductible applies to this Coverage Extension. j. Ordinance or Law If a Covered Cause of Loss occurs to a covered "building", we will pay for: (1) Loss to the undamaged portion of the "building" caused by enforcement of any ordinance or law that: (a) Requires the demolition of parts of the same property not damaged by a Covered Cause of Loss; and (b) Regulates the construction or repair of "buildings" or establishes zoning or land use requirements at the described premises. This coverage is included within the Limit of Insurance applicable to the covered "buildings" shown in the UltimateCover Program Declarations. (2) The cost to demolish and clear the site of undamaged parts of the property caused by enforcement of building, zoning or land use ordinance or law. PI-ULT-007 11.98 Page 14 of 24 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1995 The most we will pay for such demolition costs is $250,000 in any one occurrence. (3) We will pay for the increased cost to repair, rebuild or construct the property caused by enforcement of building, zoning or land use ordinance or law. If the property is repaired or rebuilt, it must be intended for similar occupancy as the current property, unless otherwise required by zoning or land use ordinance or law. However, we will not pay for the increased cost of construction if the "building" is not repaired or replaced. The most we will pay for such increased cost of construction is $250,000 in any one occurrence. Insurance under this Coverage Extension applies only with respect to an ordinance or law that is in effect at the time of "loss". Insurance under this Additional Coverage does not apply to costs associated with the enforcement of 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 to respond to or assess the effects of "pollutants". k. Lost Key Replacement In the event of the theft or disappearance of a master key to "buildings", rooms or compartments at described premises in which covered Business Personal Property is located, we will pay the actual and necessary expenses you incur to: (1) Replace the key; and (2) (a) Adjust existing locks to accept the new key; or (b) Replace the lock; Whichever is less. The most we will pay under this Coverage Extension is $2,500. No deductible applies to this Coverage Extension. Each of these Coverage Extensions is additional insurance, unless otherwise indicated. The Additional Condition, Coinsurance (if applicable to this Coverage Form), does not apply to these Coverage Extensions. B. Exclusions See the Causes of Loss Form. C. Limits of Insurance The most we will pay for "loss" in any one occurrence: 1. For each Additional Coverage is the Limit of Insurance applicable to that Additional Coverage. PI-ULT-007 11.98 Page 15 of 24 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1995 2. For each Coverage Extension is the Limit of Insurance applicable to that Coverage Extension; 3. For "Fine Arts" is: a. $25,000; or b. The amount shown in the "Fine Arts" Schedule on file with us; Whichever is greater; and 4. For all other coverage provided under this Coverage Form is the applicable Limit of Insurance shown in the Property Coverage Part Declarations. D. Deductible We will not pay for "loss" in any one occurrence until the amount of the "loss" exceeds the Deductible shown in the Declarations or schedules. We will then pay the amount of the "loss" in excess of the Deductible, up to the applicable Limit of Insurance, after any deduction required by any of the following: 1. Coinsurance Condition; 2. Agreed Value Optional Coverage; or 3. Reporting Endorsement. If more than one Deductible is applicable under this Coverage Form to "loss" in any one occurrence, we will only apply the highest applicable Deductible. E. Loss Conditions The following conditions apply in addition to the Common Policy Conditions and the Commercial Property Conditions: 1. Abandonment There can be no abandonment of any property to us. 2. Appraisal If we and you disagree on the value of the property or the amount of "loss", either may make written demand for an appraisal of the "loss". In this event, each party will select a competent and impartial appraiser. The two appraisers will select an umpire. If they cannot agree, either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the value of the property 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: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If there is an appraisal, we will still retain our right to deny the claim. PI-ULT-007 11.98 Page 16 of 24 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1995 3. Duties in the Event of Loss a. You must see that the following are done in the event of "loss" to Covered Property: (1) Notify the police if a law may have been broken. (2) Give us prompt notice of the "loss". Include a description of the property involved. (3) As soon as possible, give us a description of how, when and where the "loss" occurred. (4) Take all reasonable steps to protect the Covered Property from further damage by any of the Covered Causes of Loss. If feasible, set the damaged property aside and in the best possible order for examination. Also keep a record of your expenses for emergency and temporary repairs, for consideration in the settlement of the claim. This will not increase the Limit of Insurance. (5) At our request, give us complete inventories of the damaged and undamaged property, including quantities, costs, values and amount of "loss" claimed. (6) As often as may be reasonably required, permit us to inspect the property and records proving the "loss". Also permit us to take samples of damaged and undamaged property for inspection, testing and analysis, and permit us to make copies from your books and records. (7) Make no statement that will assume any liability, for any "loss" for which we may be liable, without our consent. (8) Promptly send us any legal papers or notices received concerning the "loss". (9) Send us a signed sworn proof of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. We will supply you with the necessary forms. (10) Cooperate with us in the investigation or settlement of the claim. b. We may examine any insured under oath, while not in the presence of any other insured and at such times as may be reasonably required, about any matter relating to this insurance or the claim, including an insured's books and records. In the event of an examination, an insured's answers must signed. 4. Loss Payment a. In the event of "loss" to Covered Property covered by this Coverage form, at our option, we will either: (1) Pay the value of lost or damaged property; (2) Pay the cost of repairing or replacing the lost or damaged property; (3) Take all or any part of the property at an agreed or appraised value; or (4) Repair, rebuild or replace the property with other property of like kind and quality. PI-ULT-007 11.98 Page 17 of 24 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1995 b. We will give notice of our intentions within 30 days after we receive the sworn proof of loss. c. We will not pay you more than your financial interest in the Covered Property. d. We may adjust the "loss" with the owners of lost or damaged property if other than you. If we pay the owners, such payments will satisfy your claims against us for the owners' property. We will not pay the owners more than their financial interest in the Covered Property. e. We may elect to defend you against suits arising from claims of owners of property. We will do this at our expense. f. We will pay for covered "loss" within 30 days after we receive the sworn proof of loss, if: (1) You have complied with all of the terms of this coverage form; and (2) (a) We have reached agreement with you on the amount of "loss"; (b) An appraisal award has been made; or (c) Final judgment has been entered. 5. a. Recovered Property If either you or we recover any property after "loss" settlement, that party must give the other prompt notice. At your option, the property will be returned to you. You must then return to us the amount we paid to you for your property. We will pay recovery expenses and the expenses to repair the recovered property, subject to the Limit of Insurance. b. Recoveries The following applies only to the Accounts Receivable Coverage Extension: You will pay us the amount of all recoveries you receive for a loss paid by us. But any recoveries in excess of the amount we have paid belong to you. 6. Vacancy If the "building" where "loss" occurs has been vacant for more than 60 consecutive days before that "loss," we will: a. Not pay for any "loss" caused by any of the following even if they are Covered Causes of Loss: (1) Vandalism; (2) Sprinkler leakage, unless you have protected the system against freezing; (3) Building glass breakage; (4) Water damage; (5) Theft; or (6) Attempted theft. PI-ULT-007 11.98 Page 18 of 24 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1995 b. Reduce the amount we would otherwise pay for the "loss" by 15%. "Buildings" are vacant when they do not contain enough business personal property to conduct customary operations. 7. Valuation We will determine the value of Covered Property in the event of "loss" as follows: a. At replacement cost (without deduction for depreciation) as of the time of "loss", except as provided in b., c., d., e., f., g., and h. below. (1) We will not pay more for "loss" on a replacement costs basis than the least of: (a) The Limit of Insurance applicable to the lost or damaged property; (b) The cost to replace the lost or damaged property with other property: (i) Of comparable material and quality; and (ii) Used for the same purpose; or (c) The amount you actually spend that is necessary to repair or replace the lost or damaged property. (2) We will not pay on a replacement cost basis for any "loss": (a) Until the lost or damaged property is actually repaired or replaced; and (b) Unless the repairs or replacement are made as soon as reasonably possible after the "loss". If the repairs or replacement are not made as soon as reasonably possible after the "loss", the value of the property will be actual cash value. b. "Fine Arts" as stated in a Schedule on file with us. If there is no schedule on file, valuation will be at fair market value as of the time of "loss". c. "Stock" as follows: (1) "Finished Stock" you have sold but not delivered, at selling price less discounts and expenses you otherwise would have had; (2) "Merchandise" you have sold but not delivered, at selling price less discounts and expenses you otherwise would have had; (3) "Stock in process" at the cost to replace plus labor and overhead expenses you have actually incurred. d. Glass at the cost of replacement with safety glazing material if required by law. e. "Valuable Papers and Records" at the cost of: PI-ULT-007 11.98 Page 19 of 24 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1995 (1) Blank materials for reproducing the records; and (2) Labor to transcribe or copy the records when there is a duplicate. f. "Data" and "media" (other than prepackaged software programs) The value of the property will be either: (1) The actual cost of reproducing or replacing the lost or damaged "data" and "media", if you actually reproduce or replace them; or (2) The cost to replace the blank "media" with substantially identical property. g. Accounts Receivable (1) If you cannot accurately establish the amount of accounts receivable outstanding as of the time of the "loss" the following method will be used: (a) Determine the total of the average monthly amounts of accounts receivable for the 12 months immediately preceding the month in which the "loss" occurred; and (b) Adjust that total for any normal fluctuations in the amount of accounts receivable for the month in which the "loss" occurred or any demonstrated variance from the average for that month. (2) The following will be deducted from the total amount of accounts receivable, however that amount is established. (a) The amount of the accounts for which there is no "loss"; (b) The amount of the accounts that you are able to re-establish or collect; (c) An amount to allow for probable bad debts that you are normally unable to collect; and (d) All unearned interest and service charges. h. Tenant's Improvements and Betterments at: (1) Replacement cost (without deduction for depreciation) of the lost or damaged property if you make repairs promptly. (2) A proportion of your original cost if you do not make repairs promptly. We will determine the proportionate value as follows: (a) Multiply the original cost by the number of days from the "loss" to the expiration of the lease; and (b) Divide the amount determined in (a) above by the number of days from the installation of improvements to the expiration of the lease. If your lease contains a renewal option, the expiration of the renewal option period will replace the expiration of the lease in this procedure. PI-ULT-007 11.98 Page 20 of 24 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1995 (3) Nothing, if others pay for repairs or replacement for your benefit and at no cost to you. 8. Pair, Sets or Parts a. Pair or set. In case of "loss" to any part of a pair or set we may: (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" b. Parts. In case of "loss" to any part of Covered Property consisting of several parts when complete, we will only pay for the value of the lost or damaged part. F. General Conditions The following conditions apply in addition to the Common Policy Conditions and the Commercial Property Conditions. 1. Coinsurance If a Coinsurance percentage is shown in the Premium Property Program Declarations, the following condition applies. a. We will not pay the full amount of any "loss" if the value of Covered Property (except property in transit and Business Personal Property of others in your care, custody or control) at the time of "loss" times the Coinsurance percentage shown in the Declarations is greater than the Limit of Insurance for that property. Instead, we will determine the most we will pay using the following steps: (1) Multiply the value of Covered Property at the time of "loss" by the Coinsurance percentage; (2) Divide the Limit of Insurance of the property by the figure determined in step (1); (3) Multiply the total amount of "loss", before the application of any deductible, by the figure determined in step (2); and (4) Subtract the deductible from the figure determined in step (3). We will pay the amount determined in step (4) or the Limit of Insurance, whichever is less. For the remainder, you will either have to rely on other insurance or absorb the "loss" yourself. Step (3) will not apply to property in transit or to Business Personal Property of others in your care, custody or control. Example No. 1 (Underinsurance) When: The value of the property is $250,000 The Coinsurance percentage for it is 80% The Limit of Insurance for it is $100,000 The Deductible is $ 250 PI-ULT-007 11.98 Page 21 of 24 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1995 The Amount of "Loss" is $ 40,000 Step (1) $250,000 X 80% = $200,000 (The minimum amount of insurance to meet your Coinsurance requirements.) Step (2) $100,000. $200,000 = .50 Step (3) $40,000 X .50 = $ 20,000 Step (4) $20,000. − $250 = $ 19,750 We will pay no more than $19,750. The remaining $20,250 is not covered. Example No. 2 (Adequate Insurance) When: The Value of the Property is $250,000 The Coinsurance percentage for it is 80% The Limit of Insurance for it is $200,000 The Deductible is $ 250 The Amount of "Loss" is $ 40,000 Step (1) $250,000 X 80% = $200,000 (The minimum amount of insurance to meet your Coinsurance requirements.) Step (2) $200,000 $200,000 = 1.00 Step (3) $40,000 X 1.00 = $ 40,000 Step (4) $40,000 − $250 = $ 39,750 We will cover the $39,750 "loss" in excess of the Deductible. No penalty applies. b. If one Limit of Insurance applies to two or more separate items, this condition will apply to the total of all property to which the limit applies. Example No. 3: The Value of the property is: "Building" at Premises No. 1 $ 75,000 "Building" at Premises No. 2 $100,000 Personal Property at Premises No. 2 $ 75,000 $250,000 The Coinsurance percentage for it is 90% The Limit of Insurance for: "Buildings'" and Personal Property at Premises No. 1 and 2. $180,000 The Deductible is $ 1,000 The Amount of " Loss" is: "Building" at Premises No. 2 $ 30,000 Personal Property at Premises No. 2 $ 20,000 $ 50,000 Step (1) $250,000 X 90% = $225,000 (The minimum amount of Insurance to meet your Coinsurance requirements) Step (2) $180,000 $225,000 = .80 Step (3) $50,000 X .80 = $ 40,000 Step (4) $40,000 − $1,000 = $ 39,000 PI-ULT-007 11.98 Page 22 of 24 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1995 We will pay no more than $39,000. The remaining $11,000 is not covered. 2. Mortgage Holders a. The term mortgage holder includes trustee. b. We will pay for covered "loss" to "buildings" to each mortgage holder shown in the Declarations in their order of precedence, as interests may appear. c. The mortgage holder has the right to receive "loss" payment even if the mortgage holder has started foreclosure or similar action on the "buildings". d. If we deny your claim because of your acts or because you have failed to comply with the terms of the Coverage Form, the mortgage holder will still have the right to receive "loss" payment if the mortgage holder: (1) Pays any premium due under this Coverage Form at our request if you have failed to do so; (2) Submits a signed, sworn statement of loss within 60 days after receiving notice from us of your failure to do so; and (3) Has notified us of any change in ownership, occupancy or substantial change in risk known to the mortgage holder. All other terms of this Coverage Form will then apply directly to the mortgage holder. e. If we pay the mortgage holder for any "loss" and deny payment to you because of your acts or because you have failed to comply with the terms of this Coverage Form; (1) The mortgage holder's rights under the mortgage will be transferred to us to the extent of the amount we pay; and (2) The mortgage holder's right to recover the full amount of the mortgage holder's claim will not be impaired. At our option, we may pay to the mortgage holder the whole principal on the mortgage plus any accrued interest. In this event, your mortgage and note will be transferred to us and you will pay your remaining mortgage debt to us. f. If we cancel this policy, we will give written notice to the mortgage holder at least: (1) 10 days before the effective date of cancellation if we cancel for your nonpayment of premium; or (2) 30 days before the effective date of cancellation if we cancel for any other reason. g. If we elect not to renew this policy, we will give written notice to the mortgage holder at least 10 days before the expiration date of this policy. 3. Other Insurance The following is added to subparagraph 2. of Commercial Property Condition G., Other Insurance: PI-ULT-007 11.98 Page 23 of 24 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1995 But this provision does not apply to "loss" to personal property of others in your care, custody or control. 4. Policy Period, Coverage Territory Commercial Property Condition H., Policy Period, Coverage Territory, is replaced by the following: a. We cover "loss" commencing: (1) During the Policy Period shown in the UltimateCover Program Declarations; and (2) Within the Coverage Territory. b. The Coverage Territory is: (1) The United States of America; and (2) Canada. G. Definitions 1. "Buildings" means buildings or structures. 2. "Computer Virus" means unauthorized intrusive codes or programming that are entered into covered "hardware", "data" and "media" and interrupt your operations at the described premises. 3. "Consequential Damage" means the decrease in value to the undamaged part or parts of Business Personal Property which is unmarketable as a complete product. 4. Computer Property means "data", "hardware" and "media". a. "Data" means facts, figures, concepts, or instructions that are in a form that can be communicated, interpreted or processed by computer systems (including records of accounts receivable and "valuable papers and records" when they are converted into "data" form). b. "Hardware" means a network of equipment and components which accept information, process and analyze that information according to a plan, and then produces the desired results. It includes disk and tape drives, printers, display screens, remote terminals, computers which control manufacturing or production equipment or machinery, and computerized telephone systems, but it does not include computer "media", or manufacturing or production machinery or equipment. c. "Media" means materials on which "data" can be recorded, such as magnetic tapes, disk packs, paper tapes and cards. "Data" and "media" include pre-packaged software and any instructional manuals for that software. 5. "Fine Arts" means paintings, etchings, pictures, tapestries, art glass windows, valuable rugs, statuary, marbles, bronzes, antique furniture, rare books, antique silver, manuscripts, porcelains, rare glass, bric-a-brac, and similar property, of rarity, historical value or artistic merit. PI-ULT-007 11.98 Page 24 of 24 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1995 6. "Guard Dog" means a dog that is trained to protect premises from intruders and kept on your premises when they are not open for business. 7. "Loss" means accidental loss or damage. 8. "Money" means: a. Currency, coins and bank notes whether or not in current use; and b. Travelers' checks, register checks and money orders held for sale to the public. 9. "Pollutants" means any solid, liquid, gaseous or thermal irritant or containment, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes material to be recycled, reconditioned or reclaimed. 10. "Securities" means negotiable and non-negotiable instruments or contracts representing either "money" or other property and includes: a. Tokens, tickets, revenue and other stamps whether or not in current use; b. Evidences of debt issued in connection with credit or charge cards, which are not of your own issue; But does not include "money". Lottery tickets held for sale are not "securities". 11. "Stock" means "finished stock", "merchandise" and "stock in process". a. "Finished Stock means property that you manufactured or processed which in the ordinary course of your business is ready for packing, shipment or sale. b. "Merchandise" means goods kept for sale by you that are not the product of your manufacturing or processing operations. c. "Stock in Process" means raw materials that have undergone any processing or manufacturing but which has not become "finished stock." 12. "Valuable Papers and Records" means inscribed, printed or written documents, manuscripts or records, including abstracts, books, deeds, drawings, films, maps or mortgages. But "valuable papers and records" does not mean "money" or "securities". PI-ULT-008 11.98 Page 1 of 11 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1990 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAUSES OF LOSS FORM Words and phrases that appear in quotation marks have special meaning. Refer to Section F., Definitions. A. Covered Causes of Loss Covered Causes of Loss means Risks of Direct Physical Loss unless the "loss" is: 1. Excluded in Section B., Exclusions; or 2. Limited in Section C., Limitations; that follow. B. Exclusions 1. We will not pay for "loss" caused directly or indirectly by any of the following. Such "loss" is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the "loss". a. Ordinance or Law The enforcement of any ordinance or law: (1) Regulating the construction, use or repair of any property; or (2) Requiring the tearing down of any property, including the cost of removing its debris. b. Earth Movement Any earth movement (other than sinkhole collapse or volcanic action, eruption, explosion or effusion), such as an earthquake, landslide, mine subsidence or earth sinking, rising or shifting. But if "loss" by fire or explosion results, we will pay for that resulting "loss". This exclusion does not apply to the following: (1) Business Personal Property in transit or away from premises you own, lease, rent or control; (2) The Accounts Receivable Coverage Extension; or (3) The Valuable Papers and Records - Cost to Research Coverage Extension. c. Governmental Action Seizure or destruction of property by order of governmental authority. But we will pay for "loss" caused by or resulting from acts of destruction ordered by governmental authority and taken at the time of a fire to prevent its spread, if the fire would be covered under this Policy. PI-ULT-008 11.98 Page 2 of 11 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1990 d. Nuclear Hazard (1) Any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioactive contamination from any other cause. But we will pay for direct "loss" caused by resulting fire if the fire would be covered under this Policy. e. Utility Services The failure of power or other utility service supplied to the described premises, however caused, if the failure occurs away from the described premises. But if "loss" by a Covered Cause of Loss results, we will pay for that resulting "loss". This exclusion does not apply to the following Coverages: (1) Accounts Receivable Coverage Extension; (2) "Computer Property" for interruption of electrical power supply when the cause of such event occurs within 1,000 feet of the premises; or (3) Utility Services - Direct Damage Additional Coverage Extension. f. War and Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. g. Flood "Flood". But if "loss" by fire, explosion, theft or sprinkler leakage results, we will pay for that resulting "loss". This exclusion does not apply to the following: (1) Business Personal Property in transit or away from premises you own, lease rent or control; (2) The Accounts Receivable Coverage Extension; or (3) The Valuable Papers and Records - Cost to Research Coverage Extension. 2. We will not pay for "loss" caused by or resulting from any of the following: PI-ULT-008 11.98 Page 3 of 11 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1990 a. Artificially generated electric current, including electric arcing, that disturbs electrical devices, appliances or wires. But if "loss" by fire or explosion results, we will pay for that resulting "loss". This exclusion does not apply to "computer property" . b. Delay, loss of use, loss of market or any other consequential loss. c. Smoke, vapor or gas from agricultural smudging or industrial operations. This exclusion does not apply to "computer property ". d. (1) Wear and tear; (2) Rust, corrosion, fungus, decay, deterioration, spoilage, contamination, hidden or latent defect or any quality in property that causes it to damage or destroy itself; (3) Smog; (4) Settling, cracking, shrinking or expansion; (5) Insects, birds, rodents or other animals; (6) Mechanical breakdown, including rupture or bursting caused by centrifugal force. However, this does not apply to any resulting "loss" caused by elevator collision; (7) Dampness or dryness of atmosphere; changes in or extremes of temperature; freezing or thawing. Paragraphs d. (3), (4), (6) and (7) do not apply to "computer property". But if "loss" by the "specified causes of loss" or building glass breakage results, we will pay for that resulting "loss". e. Explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control. But if "loss" by fire or combustion explosion results, we will pay for that resulting "loss". We will also pay for "loss" caused by or resulting from the explosion of gases or fuel within the furnace of any fired vessel or within the flues or passages through which the gases of combustion pass. f. Water, other liquids, powder or molten material that leaks or flows from plumbing, heating, air- conditioning or other equipment (except fire protective systems) caused by or resulting from freezing, unless: (1) You do your best to maintain heat in the "buildings"; or (2) You drain the equipment and shut off the supply if the heat is not maintained. This exclusion does not apply to "computer property". g. Dishonest or criminal acts by you, any of your partners, employees, directors, trustees, authorized representatives or anyone to whom you entrust the property for any purpose: (1) Acting alone or in collusion with others; or PI-ULT-008 11.98 Page 4 of 11 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1990 (2) Whether or not occurring during the hours of employment. This exclusion does not apply to: (1) Acts of destruction by your employees (but theft by employees is not covered); (2) Property in the custody of a carrier for hire (provided the carrier is not in collusion with you, any of your partners, directors, trustees or authorized representatives); or (3) "Loss" to "computer property" (provided your employees are not in collusion with you, any of your partners, directors, trustees or authorized representatives). h. Rain, snow, ice or sleet to personal property in the open. i. Collapse, except as provided below in the Additional Coverage for Collapse. But if "loss" by any of the Covered Causes of Loss results at the described premises, we will pay for that resulting "loss". j. Discharge, dispersal, seepage, migration, release or escape of "pollutants". But we will pay for resulting "loss" to Covered Property when the discharge, dispersal, seepage, migration, release or escape of "pollutants" is caused by any of the "specified causes of loss". k. Processing or work upon the property. But we will pay for "loss" caused by resulting fire or explosion. This exclusion does not apply to "computer property". l. Alteration, falsification, concealment or destruction of records of accounts receivable done to conceal the wrongful giving, taking or withholding of "money", "securities" or other property. This exclusion applies only to the extent of the wrongful giving, taking or withholding. m. Bookkeeping, accounting or billing errors or omissions. n. Unexplained disappearance. This exclusion does not apply to "computer hardware". o. Shortage found upon taking inventory or audit. This exclusion does not apply to "computer hardware". p. Electrical or magnetic disturbance or erasure of records of accounts receivable that have been converted into electronic format, when such "loss" is caused by or results from: (1) Programming errors or faulty machine instructions; (2) Faulty installation or maintenance of data processing equipment or component parts; or (3) An occurrence that took place more than 1,000 feet from your premises. But we will pay for such "loss" caused by lightning. q. Voluntary parting with any property by you, or by anyone else to whom you have entrusted the property, if induced to do so by any fraudulent scheme, trick, device or false pretense. PI-ULT-008 11.98 Page 5 of 11 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1990 r. Changes in your electrical power supply to "computer property", including interruption of power, power surge, blackout or brownout, if the cause of such event originates more than 1,000 feet from any of the premises listed in the Declarations, Extension of Declarations or attached Schedule. 3. We will not pay for "loss" caused by or resulting from any of the following. But if "loss" by a Covered Cause of Loss results, we will pay for that resulting "loss." a. Weather conditions. But this exclusion only applies if weather conditions contribute in any way with a cause or event excluded in paragraph 1. above to produce the "loss". b. Acts or decisions, including the failure to act or decide, of any person, group, organization or governmental body. c. Faulty, inadequate or defective: (1) Planning, zoning, development, surveying, siting; (2) Design, specifications, workmanship, repair, construction, renovation, remodeling, grading, compaction; (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. This exclusion does not apply to "computer property". 4. Special Exclusions The following provisions apply only to the Coverage Forms listed below, if these Coverage Forms are attached to this Policy. a. Business Income, Extra Expenses and Business Income with Extra Expenses Coverage Forms. We will not pay for: (1) Any loss caused by or resulting from: (a) Damage or destruction of finished "stock"; or (b) The time required to reproduce finished "stock". This exclusion does not apply to Extra Expenses. (2) Any loss caused by or resulting from direct physical "loss" to communication antennas or satellite dishes, including their lead-in wiring masts or towers. (3) Any increase of loss caused by or resulting from: PI-ULT-008 11.98 Page 6 of 11 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1990 (a) Delay in rebuilding, repairing or replacing the property or resuming "operations" due to interference at the premises of the rebuilding, repair or replacement by strikers or other persons; or (b) Suspension, lapse or cancellation of any license, lease or contract. But if the suspension, lapse or cancellation is directly caused by the suspension of "operations", we will cover such loss that affects your Business Income during the "period of restoration". (4) Any Extra Expenses caused by or resulting from suspension, lapse or cancellation of any license, lease or contract beyond the "period of restoration". (5) Any other consequential loss. (6) Any loss caused by or resulting from error in machine programming or instructions to any machine. (7) Any loss caused by or resulting from direct physical "loss" to property at locations not specifically identified. This exclusion does not apply to coverage provided to Business Income from Dependent Property - Additional Coverage. (8) Any loss caused by or resulting from direct physical "loss" to: (a) "Buildings"; or (b) Additions to existing "buildings"; That are under the course of construction. b. Legal Liability Coverage Form (1) The following Exclusions do not apply to insurance under this Coverage Form; (a) Paragraph B. 1.a., Ordinance or Law; (b) Paragraph B. 1. c., Governmental Action; (c) Paragraph B. 1.d., Nuclear Hazard; (d) Paragraph B.1.e., Utility Service; and (e) Paragraph B. 1. f., War and Military Action. (2) The following additional exclusions apply to insurance under this Coverage Form: (a) Contractual Liability We will not defend any claim or "suit" or pay damages that you are legally liable to pay, solely by reason of your assumption of liability in a contract or agreement. (b) Nuclear Hazard We will not defend any claim or "suit" or pay any damages, "loss", expense or obligation, resulting from nuclear reaction or radiation, or radioactive contamination, however caused. PI-ULT-008 11.98 Page 7 of 11 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1990 C. Limitations 1. We will not pay for "loss" to: a. Steam boilers, steam pipes, steam engines or steam turbines caused by or resulting from any condition or event inside such equipment. But we will pay for "loss" to such equipment caused by or resulting from an explosion of gases or fuel within the furnace of any fired vessel or within the flues or passages through which the gases of combustion pass. b. Hot water boilers or other water heating equipment caused by or resulting from any condition or event inside such boilers or equipment, other than an explosion. c. The interior of any "buildings", or to personal property in "buildings", caused by or resulting from rain, snow, sleet, ice, sand or dust, whether driven by wind or not, unless: (1) The "buildings" first sustain damage by a Covered Cause of Loss to their roof or walls through which the rain, snow, sleet, ice, sand or dust enters; or (2) The "loss" is caused by or results from thawing of snow, sleet or ice on the "buildings". 2. For "loss" by theft, the following types of property are covered only up to the Limits of Insurance shown: a. $2,500 for furs, fur garments and garments trimmed with fur. b. $2,500 for jewelry, watches, watch movements, jewels, pearls, precious and semi-precious stones, bullion, gold, silver, platinum and other precious alloys or metals. This Limit of Insurance does not apply to jewelry and watches worth $100 or less per item. c. $250 for stamps, tickets, including lottery tickets held for sale, and letters of credit. 3. We will not pay for "loss" to property in transit caused by or resulting from breakage; leakage; contamination; being spotted, discolored, molded, rusted, frosted, rotted, soured, steamed or changed in flavor. But we will pay for such "loss" caused by: the "specified causes of loss"; an accident to the vehicle or railroad car carrying the Covered Property; burning, collision or crashing of the aircraft carrying the Covered Property; or the stranding, sinking, burning or collision of the vessel carrying the Covered Property. D. Additional Coverage - Collapse We will pay for "loss" caused by or resulting from risks of direct physical "loss" involving collapse of "buildings" or any part of "buildings" caused only by one or more of the following: 1. The "specified causes of loss" or breakage of building glass, all only as insured against in this form; 2. Hidden decay; 3. Hidden insect or vermin damage; 4. Weight of people or personal property; PI-ULT-008 11.98 Page 8 of 11 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1990 5. Weight of rain that collects on a roof. We will not pay for "loss" to the following types of property, if otherwise covered in this Policy, under items 2., 3., 4. and 5., unless the "loss" is a direct result of the collapse of "buildings"; outdoor communication antennas or satellite dishes, including their masts or lead - in wiring; awnings, gutters and downspouts; yard fixtures; outdoor swimming pools; fences; beach or diving platforms or appurtenances; retaining walls. Collapse does not include settling, cracking, shrinkage, bulging or expansion. This Additional Coverage will not increase the Limits of Insurance provided by this Policy. E. Additional Coverage Extensions 1. Water Damage, Other Liquids, Powder or Molten Material Damage If "loss" 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 "buildings" to repair damage to the system or appliance from which the water or other substance escapes. We will not pay the cost to repair any defect to a system or appliance from which water, other liquid, powder or molten material escapes. But we will pay the cost to repair or replace damaged parts of fire extinguishing equipment if the damage: a. Results in discharge of any substance from an automatic fire protection system; or b. Is directly caused by freezing. This Coverage Extension will not increase the Limits of Insurance provided by this Policy. 2. Utility Services - Direct Damage We will pay for direct physical "loss" caused by interruption of utility service to the described premises. The interruption must be caused by direct physical "loss" by any of the Covered Causes of Loss to the following types of property not on the described premises supplying water, communication and power to the described premises. Power Supply Services, meaning the following types of property supplying electricity, steam or gas to the described premises. a. Utility Generating Plants; b. Switching stations; c. Substations; d. Transformers; and e. Transmission Lines. But not overhead transmission lines. Water Supply Services, meaning the following types of property supplying water to the described premises. a. Pumping Stations; and PI-ULT-008 11.98 Page 9 of 11 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1990 b. Water mains. Communication Supply Services, meaning property supplying communication services, including telephone, radio, microwave or television services to the described premises, such as: a. Communication transmission lines, including optical fiber transmission lines; b. Coaxial cables; and c. Microwave radio relays except satellites. But not overhead transmission lines. The most we will pay under this Coverage Extension for the sum of all occurrences at all premises during each separate 12 month period of this policy is $10,000. This Coverage Extension is in addition to the Limits of Insurance provided by this Policy. 3. Voluntary Parting We will pay for "loss" caused by or resulting from voluntary parting with any property by you, or by anyone else to whom you have entrusted the property, if induced to do so by any fraudulent scheme, trick, device or false pretense. The most we will pay under this Coverage Extension in any one occurrence is $10,000. This Coverage Extension will not increase the Limits of Insurance provided by this Policy. F. Definitions 1. "Buildings" means buildings or structures. 2. "Computer Property" means "data", "hardware" and "media". a. "Data" means facts, figures, concepts or instructions that are in a form that can be communicated, interpreted, or processed by computer systems (including records of accounts receivable and "valuable papers and records" when they are converted into "data" form). It does not include Valuable Papers unless converted to electronic form. b. "Hardware" means a network of equipment and components which accept information, process and analyze that information according to a plan, and then produces the desired results. It includes disk and tape drives, printers, display screens, remote terminals, computers which control manufacturing or production equipment or machinery, and computerized telephone systems, but it does not include computer "media", or production machinery or equipment. c. "Media" means materials on which "data" can be recorded, such as magnetic tapes, disk packs, paper tapes and cards. 3. "Flood" means: a. Flood, surface water, waves, tides, tidal waves, overflow of any body of water, or their spray, all whether driven by wind or not; or PI-ULT-008 11.98 Page 10 of 11 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1990 b. Mudslide or mudflow. 4. "Loss" means accidental loss or damage. 5. "Money" means: a. Currency, coins and bank notes whether or not in current use; and b. Travelers' checks, register checks and money orders held for sale to the public. 6. "Operations" means: a. Business activities you perform at the described premises; and b. The tenantability of the described premises, if coverage for Business Income including "Rental Value" or "Rental Value" applies. 7. "Period Of Restoration" means the period of time that: a. Begins: (1) 72 hours after the time of direct physical "loss" for Business Income Coverage; or; (2) Immediately after the time of direct physical "loss" for Extra Expense Coverage; b. Ends on the earlier of: (1) The date when the property at the described premises 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. c. "Period of Restoration" does not include any increased period required due to the enforcement of 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 restoration". 8. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 9. "Rental Value" means a. Total anticipated rental income from tenant occupancy of the premises described in the Declarations as furnished and equipped by you; and b. Amount of all charges which are legal obligation of the tenant(s) and which would otherwise be your obligations; and c. Fair rental value of any portion of the described premises which is occupied by you. PI-ULT-008 11.98 Page 11 of 11 Includes copyrighted material of ISO Commercial Risk Services, Inc. Copyright, ISO Commercial Risk Services, Inc., 1990 10. "Securities" means negotiable and non-negotiable instruments or contracts representing either "money" or other property and includes: ` a. Tokens, tickets, revenue and other stamps whether or not in current use; and b. Evidences of debt issued in connection with credit or charge cards, which are not of your own issue; But does not include "money". Lottery tickets held for sale are not "securities". 11. "Specified Causes of Loss" means the following: fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment; sinkhole collapse; volcanic action; falling objects; weight of snow, ice or sleet; water damage. a. Sinkhole collapse means the sudden sinking or collapse of land into underground empty spaces created by the action of water on limestone or dolomite. This Cause of Loss does not include: (1) The cost of filling sinkholes; or (2) Sinking or collapse of land man-made underground cavities. b. Falling objects does not include "loss" to: (1) Personal property in the open; or (2) The interior of "buildings", or property inside "buildings", unless the roof or an outside wall of the "buildings" is first damaged by a falling object. c. Water damage means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. 12. "Stock" means "finished stock", "merchandise", and "stock in process". a. "Finished Stock" means property that you manufactured or processed which in the ordinary course of your business is ready for packing, shipment or sale. b. "Merchandise" means goods kept for sale by you that are not the product of your manufacturing or processing operations. c. "Stock in Process" means raw materials that have undergone any processing or manufacturing but which have not become "finished stock." 13. "Suit" includes an arbitration proceeding to which you must submit or submit with our consent. PI-ULT-009 11.98 Page 1 of 15 Includes copyrighted material of Insurance Services Office, with its permission. Copyright, Insurance Services Office, Inc. 1989, 1994 CRIME COVERAGE FORM Various provisions in the policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this Coverage Form the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us", and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G., Definitions. Coverage Summary Basic Limit Basic Superseding Superseding Of Insurance Deductible Limit Of Deductible Insurance "Money" and "Securities"- $ 5,000 Inside the Premises $ 500 $ 175,000 $ 500 “Money” and “Securities”- $ 5,000 Outside the Premises $500 $ 175,000 $ 500 Money Orders and Counterfeit $ 5,000 $500 Paper Currency Kidnap and Ransom – $25,000 None Extortion Optional Coverage Summary Limit of Insurance Deductible Forgery or Alteration Computer Fraud $ 25,000 $ 500 Employee Dishonesty $ 25,000 $ 500 If this box is marked with "X", Clause B.1.f., Coverage Extension - Welfare and Pension Plan ERISA Compliance, applies to this policy. A. Coverage 1. Money and Securities Covered Property, as used in this Coverage, means "money" and "securities" used in your business. a. We will pay for all loss to Covered Property: (1) Inside the Premises - while at a bank or savings institution, at the "premises", or (2) Outside the Premises - in transit between any of the places described in 1. a. (1) above; resulting directly from: PI-ULT-009 11.98 Page 2 of 15 Includes copyrighted material of Insurance Services Office, with its permission. Copyright, Insurance Services Office, Inc. 1989, 1994 (a) Theft, meaning any act of stealing; (b) Disappearance; or (c) Destruction. b. In addition to the General Exclusions of this Form, we will not pay for loss: (1) Resulting from accounting or arithmetical errors or omissions. (2) Due to the giving or surrendering of property in any exchange or purchase. (3) Of property contained in any money-operated device unless the amount of money deposited in it is recorded by a continuous recording instrument in the device. (4) Resulting from any dishonest or criminal act committed by any of your "employees", directors, trustees or authorized representatives: (a) Acting alone or in collusion with other persons; or (b) While performing services for you or otherwise. (5) Of Covered Property after it has been transferred or surrendered to a person or place outside the "premises" or a bank or savings institution on the basis of unauthorized instructions. (6) Resulting from your, or anyone acting on your express or implied authority, being induced by any dishonest act to voluntarily part with title to or possession of any property. c. Additional Definition As respects Money and Securities coverage: "Occurrence" means an: (1) Act or series of related acts involving one or more persons; or (2) Act or event, or a series of related acts or events not involving any person. 2. Money Orders and Counterfeit Paper Currency We will pay for loss due to the acceptance in good faith of Covered Property. a. Covered Property, as used in this Coverage, means: (1) Any post office or express money order accepted in exchange for merchandise, "money" or services issued, or purporting to have been issued, by any post office or express company, if such money order is not paid upon presentation; or (2) Counterfeit United States or Canadian paper currency accepted in the regular course of business. b. In addition to the General Exclusions of this Form, we will not pay for loss resulting from: (1) Any dishonest or criminal act committed by any of your "employees", directors, trustees or authorized representatives: PI-ULT-009 11.98 Page 3 of 15 Includes copyrighted material of Insurance Services Office, with its permission. Copyright, Insurance Services Office, Inc. 1989, 1994 (a) Acting alone or in collusion with other persons; or (b) While performing services for you or otherwise. (2) Your, or anyone acting on your express or implied authority, being induced by any dishonest act to voluntarily part with title to or possession of any property. c. Additional Definition As respects Money Orders and Counterfeit Paper Currency coverage: "Occurrence" means an: (1) Act or series of related acts involving one or more persons; or (2) Act or event, or a series of related acts or events not involving any person. 3. Kidnap and Ransom-Extortion a. We will pay for loss of "money", "securities", and "property other than money and securities" resulting directly from "extortion". Loss is covered only if: (1) The threat to do bodily harm is first communicated to you during the Policy Period; and (2) The capture or alleged capture takes place within the United States of America, U.S. Virgin Islands, Puerto Rico, Canal Zone or Canada. b. We will not pay for loss as specified below: (1) Loss resulting from any dishonest or criminal acts committed by any of your "employees", directors, trustees, or authorized representatives: (a) Acting alone or in collusion with other persons; or (b) While performing services for you or otherwise. (2) Loss of property surrendered before a reasonable effort has been made to report an extortionist's demand to all the following: (a) An associate; (b) The Federal Bureau of Investigation; and (c) Local law enforcement authorities. c. The most we will pay for loss in any one "occurrence" is $25,000. d. Additional Definition "Occurrence" means an: (1) Act or series of related acts involving one or more persons; or (2) Act or event, or a series of related acts or event not involving any person. PI-ULT-009 11.98 Page 4 of 15 Includes copyrighted material of Insurance Services Office, with its permission. Copyright, Insurance Services Office, Inc. 1989, 1994 B. Optional Coverages The following Optional Coverages for which a limit of insurance is shown in the Coverage Summary are also provided: 1. Employee Dishonesty We will pay for loss of, and loss from damage to Covered Property resulting directly from "employee dishonesty". a. Covered Property, as used in this Coverage, means "money", "securities" and "property other than money and securities". b. We will pay for loss caused by any "employee" while temporarily outside the Coverage Territory for a period not more than 90 days. c. We will not pay for: (1) Loss caused by any "employee" of yours, or predecessor in interest of yours, for whom similar prior insurance has been canceled and not reinstated since the last such cancellation. (2) Loss, or that part of any loss, the proof of which as to its existence or amount is dependent upon: (a) An inventory computation; or (b) A profit and loss computation. d. Additional Condition The following applies in addition to the General Conditions of this Form. Cancellation As To Any Employee This insurance is canceled as to any "employee": (1) Immediately upon discovery by: (a) You; or (b) Any of your partners, officers or directors not in collusion with the "employee"; of any dishonest act committed by that "employee" whether before or after becoming employed by you. (2) On the date specified in a notice mailed to you. That date will be at least 30 days after the date of mailing. The mailing of notice to you at the last mailing address known to us will be sufficient proof of notice. Delivery of notice is the same as mailing. PI-ULT-009 11.98 Page 5 of 15 Includes copyrighted material of Insurance Services Office, with its permission. Copyright, Insurance Services Office, Inc. 1989, 1994 e. Additional Definition As respects Employee Dishonesty coverage: "Occurrence" means all loss caused by, or involving, one or more "employees", whether the result of a single act or series of acts. f. Coverage Extension - Welfare and Pension Plan ERISA Compliance In compliance with certain provisions of the Employee Retirement Income Security Act (ERISA): (1) "Employee" also includes any natural person who is: (a) A trustee, officer, employee, administrator or a manager, except an administrator or a manager who is an independent contractor, of any Employee Welfare or Pension Benefit Plan ( hereinafter called Plan) insured under this insurance; and (b) Your director or trustee while that person is handling funds or other property of any Plan insured under this insurance. (2) If any Plan is insured jointly with any other entity under this insurance, you or the Plan Administrator must select a Limit of Insurance that is sufficient to provide an amount of insurance for each Plan that is at least equal to that required if each Plan were separately insured. (3) If the Insured first named in the Declarations is an entity other than a Plan, any payment we make to that Insured for loss sustained by any Plan will be held by that Insured for the use and benefit of the Plan(s) sustaining the loss. (4) If two or more Plans are insured under this insurance, any payment we make for loss: (a) Sustained by two or more Plans; or (b) Of commingled funds or other property of two or more Plans; that arises out of one "occurrence" is to be shared by each Plan sustaining loss in the proportion that the amount of insurance required for each such Plan under ERISA provisions bears to the total of those amounts. (5) The Deductible provision does not apply to loss sustained by any Plan subject to ERISA which is insured under this insurance. 2. Forgery or Alteration We will pay for loss due to forgery or alteration of, on or in any Covered Property. a. Covered Property, as used in this Coverage, means "Covered Instruments" that are: (1) Made or drawn by or drawn upon you; (2) Made or drawn by one acting as your agent; or that are purported to have been so made or drawn. PI-ULT-009 11.98 Page 6 of 15 Includes copyrighted material of Insurance Services Office, with its permission. Copyright, Insurance Services Office, Inc. 1989, 1994 b. If you are sued for refusing to pay any "covered instrument" on the basis that it has been forged or altered, and you have our written consent to defend against the suit, we will pay for any reasonable legal expenses that you incur and pay in that defense. The amount we will pay is in addition to the Limit of Insurance applicable to this insurance. c. The following applies in addition to the General Exclusions of this Form: We will not pay for loss resulting from any dishonest or criminal act committed by any of your "employees", directors, trustees or authorized representatives: (1) Acting alone or in collusion with other persons; or (2) While performing services for you or otherwise. d. Additional Conditions The following apply in addition to the General Conditions of this Form. (1) Facsimile Signatures We will treat mechanically reproduced facsimile signatures the same as handwritten signatures. (2) Proof of Loss You must include with your proof of loss any instrument involved in that loss, or, if that is not possible, an affidavit setting forth the amount and cause of loss. (3) Territory We will cover loss you sustain anywhere in the world. The Territory General Condition does not apply to this Optional Coverage. e. Additional Definition As respects Forgery or Alteration coverage: "Occurrence" means all loss caused by any person or in which that person is involved, whether the loss involves one or more instruments. 3. Computer Fraud We will pay for loss of, and loss from damage to, Covered Property resulting directly from "computer fraud". a. Covered Property, as used in this Coverage means "money", "securities" and "property other than money and securities". b. The following apply in addition to the General Exclusions of this Form: (1) We will not pay for loss resulting from any dishonest or criminal act committed by any of your "employees", directors, trustees or authorized representatives: (a) Acting alone or in collusion with other persons; or PI-ULT-009 11.98 Page 7 of 15 Includes copyrighted material of Insurance Services Office, with its permission. Copyright, Insurance Services Office, Inc. 1989, 1994 (b) While performing services for you or otherwise. (2) We will not pay for loss, or that part of any loss, the proof of which as to its existence or amount is dependent upon: (a) An inventory computation; or (b) A profit and loss computation. d. Additional Conditions The following apply in addition to the General Conditions of this Form: (1) Duties in the Event of Loss If you have reason to believe that any loss of, or loss from damage to, Covered Property involves a violation of law, you must notify the police. (2) Special Limit of Insurance for Specified Property For loss of, or loss from damage to, manuscripts, drawings or records of any kind the most we will pay in any one "occurrence" is the lesser of the following amounts: (a) The cost of reconstructing such property or reproducing any information contained in such property; or (b) $5,000. e. Additional Definition As respects Computer Fraud coverage: "Occurrence" means an: (1) Act or series of related acts involving one or more persons; or (2) Act or event, or a series of related acts or events not involving any person. C. Limits of Insurance The most we will pay for loss in any one "occurrence" is the applicable Limit of Insurance shown in the Coverage Summary. 1. For Money and Securities Coverage and for Money Orders and Counterfeit Paper Currency Coverage, the applicable Limit of Insurance is: a. The Basic Limit of Insurance shown in the Coverage Summary if no Superseding Limit of Insurance is shown; or b. The Superseding Limit of Insurance if a Superseding Limit is shown in the Coverage Summary. 2. For all other coverages, the applicable Limit of Insurance is the Limit shown in the Coverage Summary. PI-ULT-009 11.98 Page 8 of 15 Includes copyrighted material of Insurance Services Office, with its permission. Copyright, Insurance Services Office, Inc. 1989, 1994 D. Deductible We will not pay for loss in any one "occurrence" until the amount of the loss exceeds the applicable Deductible shown in the Coverage Summary. We will then pay the amount of the loss in excess of the applicable Deductible, up to the applicable Limit of Insurance. 1. For Money and Securities Coverage and for Money Orders and Counterfeit Paper Currency Coverage, the applicable Deductible is: a. The Basic Deductible shown in the Coverage Summary if no Superseding Deductible is shown; or b. The Superseding Deductible if a Superseding Deductible is shown in the Coverage Summary. 2. For all other coverages, the applicable Deductible is the Deductible shown in the Coverage Summary. E. General Exclusions Unless stated otherwise in any Coverage or Optional Coverage in this Crime Coverage Form, the Policy Declarations or an endorsement, the following General Exclusions apply to all Coverages and Optional Coverages provided by this Coverage Form. We will not pay for loss as specified below: 1. Acts Committed by You or Your Partners Loss resulting from any dishonest or criminal act committed by you or any of your partners whether acting alone or in collusion with other persons. 2. Governmental Action Loss resulting from seizure or destruction of property by order of governmental authority. 3. Indirect Loss Loss that is an indirect result of any act or "occurrence" covered by this insurance including, but not limited to, loss resulting from; a. Your inability to realize income that you would have realized had there been no loss of, or loss from damage to, Covered Property. b. Payment of damages of any type for which you are legally liable. But, we will pay compensatory damages arising directly from a loss covered under this insurance. c. Payment of costs, fees or other expenses you incur in establishing either the existence or the amount of loss under this insurance. 4. Legal Expenses Expenses related to any legal action, except as provided in the Forgery or Alteration Optional Coverage, if the coverage is applicable to this policy. PI-ULT-009 11.98 Page 9 of 15 Includes copyrighted material of Insurance Services Office, with its permission. Copyright, Insurance Services Office, Inc. 1989, 1994 5. Nuclear Loss resulting from nuclear reaction, nuclear radiation or radioactive contamination, or any related act or incident. 6. War and Similar Actions Loss resulting from war, whether or not declared, warlike action, insurrection, rebellion or revolution, or any related act or incident. F. General Conditions Unless stated otherwise in any Coverage or Optional Coverage in this Crime Coverage Form, the Policy Declarations or an endorsement, the following General Conditions apply to all Coverages and Optional Coverages provided by this Coverage Form: 1. Concealment, Misrepresentation or Fraud This insurance is void in any case of fraud by you as it relates to this insurance at any time. It is also void if you or any other insured, at any time, intentionally conceal or misrepresent a material fact concerning: a. This insurance; b. The Covered Property; c. Your interest in the Covered property; or d. A claim under this insurance. 2. Consolidation - Merger If through consolidation or merger with, or purchase of assets of, some other entity: a. Any additional persons become "employee"; or b. You acquire the use and control of any additional "premises"; Any insurance afforded for "employees" or "premises" also applies to those additional "employees" and "premises", but only if you: a. Give us written notice within 30 days thereafter; and b. Pay us an additional premium. 3. Discovery Period for Loss We will pay only for covered loss discovered no later than one year from the end of the policy period. 4. Duties in the Event of Loss After you discover a loss or a situation that may result in loss of, or loss from damage to, Covered Property you must: PI-ULT-009 11.98 Page 10 of 15 Includes copyrighted material of Insurance Services Office, with its permission. Copyright, Insurance Services Office, Inc. 1989, 1994 a. Notify us as soon as possible. b. Submit to examination under oath at our request and give us a signed statement of your answers. c. Give us a detailed, sworn proof of loss within 120 days. d. Cooperate with us in the investigation and settlement of any claim. 5. Joint Insured a. If more than one Insured is named in the Declarations, the first Named Insured will act for itself and for every other Insured for all purposes of this insurance. If the first Named Insured ceases to be covered, then the next named Insured will become the first Named Insured. b. If any Insured or partner or officer of that Insured has knowledge of any information relevant to this insurance, that knowledge is considered knowledge of every Insured. c. An "employee" of any Insured is considered to be an "employee" of every Insured. d. If this insurance or any of its coverages is canceled or terminated as to any Insured, loss sustained by that Insured is covered only if discovered no later than one year from the date of that cancellation or termination. e. We will not pay more for loss sustained by more than one Insured than the amount we would pay if all the loss had been sustained by one Insured. 6. Legal Action Against Us You may not bring any legal action against us involving loss: a. Unless you have complied with all the terms of this insurance; b. Until 90 days after you have filed proof of loss with us; and c. Unless brought within 2 years from the date you discover the loss. 7. Liberalization If we adopt any revision that would broaden the coverage under this insurance without additional premium within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this insurance. 8. Loss Covered Under More Than One Coverages Of This Insurance If two or more coverages of this insurance apply to the same loss, we will pay the lesser of: a. The actual amount of loss; or b. The sum of the limits of insurance applicable to those coverages. 9. Loss Sustained During Prior Insurance a. If you, or any predecessor in interest, sustained loss during the period of any prior insurance that you or the predecessor in interest could have recovered under that insurance except that PI-ULT-009 11.98 Page 11 of 15 Includes copyrighted material of Insurance Services Office, with its permission. Copyright, Insurance Services Office, Inc. 1989, 1994 the time within which to discover loss had expired, we will pay for it under this insurance, provided: (1) This insurance became effective at the time of cancellation or termination of the prior insurance; and (2) The loss would have been covered by this insurance had it been in effect when the acts or events causing the loss were committed or occurred. b. The insurance under this Condition is part of, not in addition to the Limits of Insurance applying to this insurance and is limited to the lesser of the amount recoverable under: (1) This insurance as of its effective date; or (2) The prior insurance had it remained in effect. 10. Loss Covered Under This Insurance and Prior Insurance Issued by Us or Any Affiliate If any loss is covered: a. Partly by this insurance; and b. Partly by any prior canceled or terminated insurance that we or any affiliate had issued to you or any predecessor in interest; The most we will pay is the larger of the amount recoverable under this insurance or the prior insurance. 11. Non-Cumulation of Limit of Insurance Regardless of the number of years this insurance remains in force or the number of premiums paid, no Limit of Insurance accumulates from year to year or period to period. 12. Other Insurance This insurance does not apply to loss recoverable or recovered under other insurance or indemnity. However, if the limit of the other insurance or indemnity is insufficient to cover the entire amount of the loss, this insurance will apply to that part of the loss, other than that falling within any deductible amount, not recoverable or recovered under the other insurance or indemnity. However, this insurance will not apply to the amount of loss that is more than the applicable Limit of Insurance shown in the Coverage Summary or the Optional Coverage Summary. 13. Ownership of Property; Interests Covered The property covered under this insurance is limited to property: a. That you own or hold; or b. For which you are legally liable. However, this insurance is for your benefit only. It provides no rights or benefits to any other person or organization. PI-ULT-009 11.98 Page 12 of 15 Includes copyrighted material of Insurance Services Office, with its permission. Copyright, Insurance Services Office, Inc. 1989, 1994 14. Policy Period a. The Policy Period is shown in the Common Policy Declarations. b. Subject to the Loss Sustained During Prior Insurance condition, we will pay only for loss that you sustain through acts committed or events occurring during the Policy Period. 15. Records You must keep records of all Covered Property so we can verify the amount of any loss. 16. Recoveries a. Any recoveries, less the cost of obtaining them, made after settlement of loss covered by this insurance will be distributed as follows: (1) To you, until you are reimbursed for any loss that you sustain that exceeds the Limit of Insurance and the Deductible Amount, if any; (2) Then to us, until we are reimbursed for the settlement made; (3) Then to you, until you are reimbursed for that part of the loss equal to the Deductible Amount, if any. b. Recoveries do not include any recovery: (1) From insurance, suretyship, reinsurance, security or indemnity taken for our benefit; or (2) Of original "securities" after duplicates of them have been issued. 17. Territory This insurance covers only acts committed or events occurring within the United States of America, and Canada. 18. Transfer of Your Rights of Recovery Against Others to Us You must transfer to us all your rights of recovery against any person or organization for any loss you sustained and for which we have paid or settled. You must also do everything necessary to secure those rights and do nothing after loss to impair them. 19. Valuation - Settlement a. Subject to the applicable Limit of Insurance provision we will pay for: (1) Loss of "money" but only up to and including its face value. We may, at our option, pay for loss of "money" issued by any country other than the United States of America: (a) At face value in the "money" issued by that country; or (b) In the United States of America dollar equivalent determined by the rate of exchange on the day the loss was discovered. (2) Loss of "securities" but only up to and including their value at the close of business on the day the loss was discovered. We may, at our option: PI-ULT-009 11.98 Page 13 of 15 Includes copyrighted material of Insurance Services Office, with its permission. Copyright, Insurance Services Office, Inc. 1989, 1994 (a) Pay the value of such "securities" or replace them in kind, in which event you must assign to us all your rights, title and interest in and to those "securities"; or (b) Pay the cost of any Lost Securities Bond required in connection with issuing duplicates of the "securities". However, we will be liable only for the payment of so much of the cost of the bond having a penalty not exceeding the lesser of the; (i) Value of the "securities" at the close of business on the day the loss was discovered; or (ii) Limit of Insurance. (3) Loss of, or loss from damage to, "property other than money and securities" or loss from damage to the "premises" for not more than the; (a) Actual cash value of the property on the day the loss was discovered; (b) Cost of repairing the property or "premises"; or (c) Cost of replacing the property with property of like kind and quality. We may, at our option, pay the actual cash value of the property or repair or replace it. If we cannot agree with you upon the actual cash value or the cost of repair or replacement, the value or cost will be determined by arbitration. b. We may, at our option, pay for loss of, or loss from damage to, property other than "money": (1) In the "money" of the country in which the loss occurred; or (2) In the United States of America dollar equivalent of the "money" of the country in which the loss occurred determined by the rate of exchange on the day the loss was discovered. (3) Any property that we pay for or replace becomes our property. G. Definitions 1. "Banking Premises" means the interior of that portion of any building occupied by a banking institution or similar safe depository. 2. "Computer Fraud" means "theft" of property following and directly related to the use of any computer to fraudulently cause a transfer of that property from inside the "premises" or "banking premises" to a person (other than a "messenger") outside those "premises" or to a place outside those "premises". 3. "Covered Instrument(s)" means checks, drafts, promissory notes, or similar written promises, orders or directions to pay a sum certain in "money". 4. "Employee" means: a. Any natural person: (1) While in your service (and for 30 days after termination of service); and PI-ULT-009 11.98 Page 14 of 15 Includes copyrighted material of Insurance Services Office, with its permission. Copyright, Insurance Services Office, Inc. 1989, 1994 (2) Whom you compensate directly by salary, wages or commissions; and (3) Whom you have the right to direct and control while performing services for you; or b. Any natural person employed by an employment contractor 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". But "employee" does not mean any: a. Agent, broker, factor, commission merchant, consignee, independent contractor or representative of the same general character; or b. Director or trustee except while performing acts coming within the scope of the usual duties of an employee. 5. "Employee Dishonesty" means only dishonest acts committed by an "employee", whether identified or not, acting alone or in collusion with other persons, except you or a partner, with the manifest intent to: a. Cause you to sustain loss; and also b. Obtain financial benefit (other than employee benefits earned in the normal course of employment, including: salaries, commissions, fees, bonuses, promotions, awards, profit sharing or pensions) for: (1) The "employee"; or (2) Any person or organization intended by the "employee" to receive that benefit. 6. "Extortion" means the surrender of property away from the premises as a result of a threat communicated to you to do bodily harm to you or an "employee", or to a relative or invitee of either, who is, or allegedly is, being held captive. 7. "Messenger" means you, any of your partners or any "employee" while having care and custody of the property outside the "premises". 8. "Money" means: a. Currency, coins and bank notes in current use and having a face value; and b. Travelers checks, register checks and money orders held for sale to the public. 9. "Premises" means the interior of that portion of any building you occupy in conducting your business. 10. "Property Other Than Money and Securities" means any tangible property other than "money" and "securities" that has intrinsic value but does not include any property listed in any Crime Coverage Form as Property Not Covered. 11. "Securities" means negotiable and non-negotiable instruments or contracts representing either "money" or other property and includes: a. Tokens, tickets, revenue and other stamps (whether represented by actual stamps or unused value in a meter) in current use; and PI-ULT-009 11.98 Page 15 of 15 Includes copyrighted material of Insurance Services Office, with its permission. Copyright, Insurance Services Office, Inc. 1989, 1994 b. Evidences of debt issued in connection with credit or charge cards, which cards are not issued by you; but does not include "money". 12. "Theft" means any act of stealing. PI-ULT-010 11.98 Page 1 of 13 Includes copyrighted material of ISO Commercial Risk Services, Inc., with its permission. Copyright, ISO Commercial Risk Services, Inc., 1994. BUSINESS INCOME WITH EXTRA EXPENSE COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us", and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G., Definitions. COVERAGE SUMMARY Coinsurance Option - applicable only if a percentage is indicated in the schedule below. Premises Building Coverage Limit of Coinsurance No. No. SEE SCHEDULE Insurance Option Optional Coverages - applicable only when entries are made in the schedule below. Monthly Limit Maximum Extended Period Agreed Premises Building Of Indemnity Period of of Indemnity Value No. No. (Fraction) Indemnity (X) (Days) Amount ($) SEE SCHEDULE A. Coverage 1. Coverage is provided as described below for one or more of the following options for which a Limit of Insurance is shown in the Coverage Summary above: (i) Business Income including "Rental Value." (ii) Business Income other than "Rental Value." (iii) "Rental Value." If option (i) above is selected, the term Business Income will include "Rental Value." If option (iii) above is selected, the term Business Income will mean "Rental Value" only. If Limits of Insurance are shown under more than one of the above options, the provisions of this Coverage Form apply separately to each. 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 direct physical "loss" to property at the premises described in the Declarations, or within 1000 feet of the premises, caused by or resulting from any of the Covered Causes of Loss. PI-ULT-010 11.98 Page 2 of 13 Includes copyrighted material of ISO Commercial Risk Services, Inc., with its permission. Copyright, ISO Commercial Risk Services, Inc., 1994. If you are a tenant, your premises is the portion of "buildings" which you rent, lease or occupy, including: a. All routes within "buildings" to gain access to the described premises; and b. Your personal property within 1000 feet of the premises. 2. Business Income Business Income means the: a. Net Income (Net Profit or Loss before income taxes) that would have been earned or incurred; and b. Continuing normal operating expenses incurred, including payroll. 3. Covered Causes Of Loss See the Causes of Loss Form. 4. Additional Coverages a. Extra Expenses Extra Expenses means necessary expenses you incur during the "period of restoration" that you would not have incurred if there had been no direct physical "loss" to property caused by or resulting from any of the Covered Causes of Loss. (1) We will pay any Extra Expenses to avoid or minimize the suspension of business and to continue "operations": (a) At the described premises; or (b) At replacement premises or at temporary locations, including: (i) Relocation expenses; and (ii) Costs to equip and operate the replacement or temporary locations. (2) We will pay any Extra Expenses to minimize the suspension of business if you cannot continue "operations". (3) We will pay any Extra Expenses to: (a) Repair or replace any property; or (b) Research, replace or restore the lost information on damaged valuable papers and records; to the extent it reduces the amount of loss that otherwise would have been payable under this Coverage Form. b. Civil Authority PI-ULT-010 11.98 Page 3 of 13 Includes copyrighted material of ISO Commercial Risk Services, Inc., with its permission. Copyright, ISO Commercial Risk Services, Inc., 1994. We will pay for the actual loss of Business Income you sustain and necessary Extra Expenses you incur caused by action of Civil Authority that prohibits access to the described premises due to direct physical "loss" to property other than at the described premises caused by or resulting from any of the Covered Causes of Loss. The coverage for Business Income will begin 72 hours after the time of that action and will apply for a period of up to three consecutive weeks after coverage begins. The coverage for Extra Expense will begin immediately after the time of that action and will end: (1) Three consecutive weeks after the time of that action; or (2) When your Business Income coverage ends; Whichever is later. c. Alterations We will pay for the actual loss of Business Income you sustain due to direct physical "loss" at the described premises caused by or resulting from any of the Covered Causes of Loss to: (1) Alterations within, or on the exterior of, existing "buildings"; and (2) Machinery, equipment, supplies or building materials located on or within 1000 feet of the described premises and used in the alterations. If such direct physical "loss" delays the start of "operations," the "period of restoration" will begin on the date "operations" would have begun if the direct physical "loss" had not occurred. This Additional Coverage does not increase the Limits of Insurance provided by this Coverage Form. d. Extended Business Income (1) Business Income Other Than "Rental Value" If the necessary suspension of your "operations" produces a Business Income loss payable under this policy, we will pay for the actual loss of Business Income you incur during the period that: (a) Begins on the date property (except "finished stock") is actually repaired, rebuilt or replaced and "operations" are resumed; and (b) Ends on the earlier of: (i) The date you could restore your "operations" with reasonable speed, to the level which would generate the business income amount that would have existed if no direct physical "loss" had occurred; or (ii) 60 consecutive days after the date determined in (1)(a) above. PI-ULT-010 11.98 Page 4 of 13 Includes copyrighted material of ISO Commercial Risk Services, Inc., with its permission. Copyright, ISO Commercial Risk Services, Inc., 1994. However, Extended Business Income does not apply to loss of Business Income incurred as a result of unfavorable business conditions caused by the impact of the Covered Causes of Loss in the area where the described premises are located. Loss of Business Income must be caused by direct physical "loss" at the described premises caused by or resulting from any of the Covered Causes of Loss. This Additional Coverage does not increase the Limits of Insurance provided by this Coverage Form. (2) "Rental Value" If the necessary suspension of your "operations" produces a "Rental Value" loss payable under this policy we will pay for the actual loss of "Rental Value" you incur during the period that: (a) Begins on the date property is actually repaired, rebuilt or replaced and tenantability is restored; and (b) Ends on the earlier of: (i) The date you could restore tenant occupancy, with reasonable speed, to the level which would generate the "Rental Value" that would have existed if no direct physical "loss" had occurred; or (ii) 60 consecutive days after the date determined in (2)(a) above. However, Extended Business Income does not apply to loss of "Rental Value" incurred as a result of unfavorable business conditions caused by the impact of the Covered Cause of Loss in the area where the described premises are located. Loss of "Rental Value" must be caused by direct physical "loss" at the described premises caused by or resulting from any of the Covered Cause of Loss. This Additional Coverage does not increase the Limits of Insurance provided by this Coverage Form. e. Business Income From Dependent Properties 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 direct physical "loss" at the premises of a "contingent business property," caused by or resulting from any of the Covered Causes of Loss. But we will not pay more than .3% (three- tenths of one percent) of the Business Income Limit of Insurance for each day's suspension of "operations" at a described premises due to direct physical "loss" at any one "contingent business property." The most we will pay under this Additional Coverage is $25,000 per Policy Period. This Additional Coverage does not apply to "contingent business property" for which you have more specific insurance either under this policy or another. This Additional Coverage is in addition to the applicable Limits of Insurance provided by this Coverage Form. PI-ULT-010 11.98 Page 5 of 13 Includes copyrighted material of ISO Commercial Risk Services, Inc., with its permission. Copyright, ISO Commercial Risk Services, Inc., 1994. f. Property in Transit In the event of direct physical "loss" to your property in transit within the Coverage Territory, we will pay for loss of Business Income and necessary Extra Expenses you incur during the "period of restoration". This Additional Coverage does not apply to property of others in your care, custody or control. The most we will pay under this Additional Coverage in any one occurrence is $25,000. This Additional Coverage is in addition to the applicable Limits of Insurance provided by this Coverage Form. 5. Coverage Extension - Newly Acquired Premises a. We will pay for the actual loss of Business Income you sustain caused by direct physical "loss" to property at any premises you acquire other than at fairs or exhibitions. b. The most we will pay for loss under this Extension is 10% of the sum of the Limits of Insurance for Business Income shown in the Coverage Summary above, but not more than $100,000 at each premises. c. Insurance under this Coverage Extension for each newly acquired premises will end when any of the following first occurs: (1) This policy expires; (2) 90 days expire after you acquire the property; or (3) You report values to us. We will charge you additional premium for values reported from the date you acquire the property. This Coverage Extension is in addition to the applicable Limits of Insurance provided by this Coverage Form. The Coinsurance Option does not apply to this Extension. B. Exclusions See the Causes of Loss Form. C. Limits of Insurance The most we will pay for loss in any one occurrence: 1. For the Business Income From Dependent Properties Additional Coverage is the Limit of Insurance applicable to that Additional Coverage. 2. For the Coverage Extension - Newly Acquired Premises is the Limit of Insurance applicable to that Coverage Extension. 3. For all other coverages provided under this Coverage Form is the applicable Limit of Insurance shown in the Coverage Summary. PI-ULT-010 11.98 Page 6 of 13 Includes copyrighted material of ISO Commercial Risk Services, Inc., with its permission. Copyright, ISO Commercial Risk Services, Inc., 1994. D. Loss Conditions The following conditions apply in addition to the Common Policy Conditions and the Commercial Property Conditions. 1. Appraisal If we and you disagree on the amount of net income and operating expenses or the amount of loss, either may make written demand for an appraisal of the loss. In this event, each party will select a competent and impartial appraiser. The two appraisers will select an umpire. If they cannot agree, either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the amount of net income and operating expenses or 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: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If there is an appraisal, we will still retain our right to deny the claim. 2. Duties in the Event of Loss You must see that the following are done in the event of loss: a. Notify the police if a law may have been broken. b. Give us prompt notice of the direct physical "loss". Include a description of the property involved. c. As soon as possible, give us a description of how, when and where the direct physical "loss" occurred. d. Take all reasonable steps to protect the Covered Property from further damage by any of the Covered Causes of Loss. If feasible, set the damaged property aside and in the best possible order for examination. Also keep a record of your expenses for emergency and temporary repairs, for consideration in the settlement of the claim. This will not increase the Limit of Insurance. e. As often as may be reasonably required, permit us to inspect the property proving the "loss" and examine your books and records. Also permit us to take samples of damaged and undamaged property for inspection, testing and analysis, and permit us to make copies from your books and records. f. We may examine any insured under oath, while not in the presence of any other insured and at such times as may be reasonably required, about any matter relating to this insurance or the claim, including an insured's books and records. In the event of an examination, an insured's answers must be signed. g. Send us a signed, sworn proof of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. We will supply you with the necessary forms. PI-ULT-010 11.98 Page 7 of 13 Includes copyrighted material of ISO Commercial Risk Services, Inc., with its permission. Copyright, ISO Commercial Risk Services, Inc., 1994. h. Cooperate with us in the investigation or settlement of the claim. i. If you intend to continue your business, you must resume all or part of your "operations" as quickly as possible. 3. Loss Determination a. The amount of Business Income loss will be determined based on: (1) The net income of the business before the direct physical "loss" occurred; (2) The likely net income of the business if no physical "loss" occurred, but not including any net income 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; (3) The operating expenses, including payroll expenses, necessary to resume "operations" with the same quality of service that existed just before the direct physical "loss"; and (4) Other relevant sources of information, including: (a) Your financial records and accounting procedures; (b) Bills, invoices and other vouchers; and (c) Deeds, liens or contracts. b. Resumption of Operations We will reduce the amount of your Business Income loss to the extent you can resume your "operations," in whole or in part, by using: (1) Damaged or undamaged property (including merchandise or stock) at the described premises or elsewhere; (2) Any other available sources of material or outlets for your product. c. If you do not resume "operations," or do not resume "operations" as quickly as possible, we will pay based on the length of time it would have taken to resume "operations" as quickly as possible. 4. Loss Payment We will pay for covered loss within 30 days after we receive the sworn proof of loss, if: a. You have complied with all of the terms applicable to this Coverage Form; and b. (1) We have reached agreement with you in the amount of loss; or (2) An appraisal award has been made. E. Coinsurance Option PI-ULT-010 11.98 Page 8 of 13 Includes copyrighted material of ISO Commercial Risk Services, Inc., with its permission. Copyright, ISO Commercial Risk Services, Inc., 1994. 1. If a Coinsurance percentage is shown in the Coverage Summary, the following condition applies in addition to the Common Policy Conditions and the Commercial Property Conditions. a. We will not pay the full amount of any loss if the Limit of Insurance for Business Income is less than: (1) The Coinsurance percentage shown in the Coverage Summary; times (2) The sum of: (a) The net income (net profit or loss before income taxes); and (b) All operating expenses, including payroll expenses; that would have been earned or incurred (had no "loss" occurred) by your "operations" at the described premises for the 12 months following the inception, or last previous anniversary date, of this policy (whichever is later). b. Instead, we will determine the most we will pay using the following steps: (1) Multiply the net income and operating expenses for the 12 months following the inception, or last previous anniversary date, of this policy by the Coinsurance percentage; (2) Divide the Limit of Insurance for the described premises by the figure determined in step 1; and (3) Multiply the total amount of loss by the figure determined in step 2. We will pay the amount determined in step 3., or the Limit of Insurance, whichever is less. For the remainder, you will either have to rely on other insurance or absorb the loss yourself. 2. In determining operating expenses for the purpose of applying the Coinsurance condition, the following expenses, if applicable, shall be deducted from the total of all operating expenses: a. Prepaid freight - outgoing; b. Returns and allowances; c. Discounts; d. Bad debts; e. Collection expenses; f. Cost of raw stock and factory supplies consumed (including transportation charges); g. Cost of merchandise sold (including transportation charges); h. Cost of other supplies consumed (including transportation charges); i. Cost of services purchased from outsider (not employees) to resell, that do not continue under contract; j. All ordinary payroll expense excluded (if form PI-ULT-011 is attached); and PI-ULT-010 11.98 Page 9 of 13 Includes copyrighted material of ISO Commercial Risk Services, Inc., with its permission. Copyright, ISO Commercial Risk Services, Inc., 1994. k. Special deductions for mining properties (royalties unless specifically included in coverage; actual depletion commonly known as unit or cost depletion--not percentage depletion; welfare and retirement fund charges based on tonnage; hired trucks). Example No. 1 (Underinsurance): When: The net income and operating expenses for the 12 months following the inception, or last previous anniversary date, of this policy at the described premises would have been $400,000 The Coinsurance percentage is 50% The Limit of Insurance is $150,000 The amount of loss is $ 80,000 Step 1: $400,000 X 50% = $200,000 (the minimum amount of insurance to meet your Coinsurance requirements) Step 2: $150,000 $200,000 = .75 Step 3: $ 80,000 X .75 = $60,000 We will pay no more than $60,000. The remaining $20,000 is not covered. Example No. 2 (Adequate Insurance): When: The net income and operating expenses for the 12 months following the inception, or last previous anniversary date, of this policy at the described premises would have been $400,000 The Coinsurance percentage is 50% The Limit of Insurance is $200,000 The amount of loss is $ 80,000 Step 1: $400,000 X 50% = $200,000 (the minimum amount of insurance to meet your Coinsurance requirements) Step 2: $200,000 $200,000 = 1.00 Step 3: $80,000 X 1.00 = $80,000 We will pay the $80,000 loss. No penalty applies. This condition does not apply to the Extra Expense Additional Coverage. PI-ULT-010 11.98 Page 10 of 13 Includes copyrighted material of ISO Commercial Risk Services, Inc., with its permission. Copyright, ISO Commercial Risk Services, Inc., 1994. 3. Agreed Value a. To activate this Optional Coverage: (1) A Business Income Work Sheet must be made a part of this policy and must show financial data for your "operations": (a) During the 12 months prior to the date of the Business Income Work Sheet; and (b) Estimated for the 12 months immediately following the inception of this Optional Coverage. (2) An Agreed Value must be shown in the Coverage Summary. The Agreed Value should be at least equal to: (a) The Coinsurance percentage shown in the Coverage Summary; multiplied by (b) The amount of Net Income and Operating Expenses for the following 12 months you report on the Business Income Work Sheet. b. The Coinsurance Option is suspended until the expiration date of this policy. c. We will reinstate the Coinsurance Option automatically if you do not submit a new Business Income Work Sheet and Agreed Value: (1) Within 12 months of the effective date of this Optional Coverage; or (2) When you request a change in your Business Income Limit of Insurance. d. If the Business Income Limit of Insurance is less than the Agreed Value, we will not pay more of any loss than the amount of loss multiplied by: (1) The Business Income Limit of Insurance; divided by (2) The Agreed Value. Example: When: The Limit of Insurance is $100,000 The Agreed Value is $200,000 The amount of loss is $ 80,000 Step (a) $100,000 $200,000 = .50 Step (b) .50 X $80,000 = $40,000 We will pay $40,000. The remaining $40,000 is not covered. PI-ULT-010 11.98 Page 11 of 13 Includes copyrighted material of ISO Commercial Risk Services, Inc., with its permission. Copyright, ISO Commercial Risk Services, Inc., 1994. F. Optional Coverages If shown in the Coverage Summary, the following Optional Coverages apply separately to each item. 1. Maximum Period of Indemnity a. The Coinsurance Option does not apply at the described premises to which this Optional Coverage applies. b. The most we will pay for loss of Business Income is the lesser of: (1) The amount of loss sustained during the 120 days immediately following the beginning of the "period of restoration"; or (2) The Limit of Insurance shown in the Coverage Summary. 2. Monthly Limit of Indemnity a. The Coinsurance Option does not apply at the described premises to which this Optional Coverage applies. b. The most we will pay for loss of Business Income in each period of 30 consecutive days after the beginning of the "period of restoration" is: (1) The Limit of Insurance, multiplied by (2) The fraction shown in the Coverage Summary for this Optional Coverage. Example: When: The Limit of Insurance is $120,000 The fraction shown in the Coverage Summary for this Optional Coverage is 1/4 The most we will pay for loss in each period of 30 consecutive days is: $120,000 X ¼ = $30,000 If, in this example, the actual amount of loss is: Days 1-30 $40,000 Days 31-60 20,000 Days 61-90 30,000 $90,000 We will pay: Days 1-30 $30,000 Days 31-60 20,000 Days 61-90 30,000 $80,000 The remaining $10,000 is not covered. PI-ULT-010 11.98 Page 12 of 13 Includes copyrighted material of ISO Commercial Risk Services, Inc., with its permission. Copyright, ISO Commercial Risk Services, Inc., 1994. 3. Extended Period of Indemnity Under paragraph A.4.d., Extended Business Income, the number "60" in subparagraphs (1)(b) and (2)(b) is replaced by the number shown in the Coverage Summary for this Optional Coverage. G. Definitions 1. "Buildings" means buildings or structures. 2. "Contingent Business Property" means property operated by others you depend on to: a. Deliver materials or services (other than water, communications or power supply) to you, or to others for your account (Contributing Locations); b. Accept your products or services (Recipient Locations); or c. Manufacture products for delivery to your customers under contract of sale (Manufacturing Locations). 3. "Finished Stock" means stock you have manufactured. "Finished Stock" also includes whiskey and alcoholic products being aged. "Finished Stock" does not include stock you have manufactured that is held for sale on the premises of any retail outlet insured under this policy. 4. "Loss" means accidental loss or damage. 5. "Operations" means: a. Business activities you perform at the described premises; and b. The tenantability of the described premises, if coverage for Business Income including "Rental Value" or "Rental Value" applies. 6. "Period of Restoration" means the period of time that: a. Begins: (1) 72 hours after the time of direct physical "loss" for Business Income coverage; or (2) Immediately after the time of direct physical "loss" for Extra Expense coverage; and b. Ends on the earlier of: (1) The date when the property at the described premises 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. c. "Period of Restoration" does not include any increased period required due to the enforcement of any ordinance or law that: (1) Regulates the construction, use or repair, or requires the tearing down of any property; or PI-ULT-010 11.98 Page 13 of 13 Includes copyrighted material of ISO Commercial Risk Services, Inc., with its permission. Copyright, ISO Commercial Risk Services, Inc., 1994. (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." 7. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 8. "Rental Value" means: a. Total anticipated rental income from tenant occupancy of the premises described in the Declarations as furnished and equipped by you; and b. Amount of all charges which are the legal obligation of the tenant(s) and which would otherwise be your obligations; and c. Fair rental value of any portion of the described premises which is occupied by you. Policy Number: PHPK2553043-018 Named Insured: West Valley Community Services of ULT10COV 11.98 SCHEDULE - Business Income with Extra Expense Coverage Form Coverage Summary Coinsurance Option – applicable only if a percentage is indicated in the schedule below. Premises No. Building No. Coverage Limit of Insurance Coinsurance Option 0002 0001 (i) BKT # 3 100% 0002 0002 (i) BKT # 3 100% 0002 0003 (i) BKT # 3 100% 0003 0001 (i) BKT # 3 100% 0004 0001 (i) BKT # 3 100% Policy Number: PHPK2553043-018 Named Insured: West Valley Community Services of ULT10OPT 11.98 SCHEDULE - Business Income with Extra Expense Coverage Form Coverage Summary Optional Coverages – applicable only when entries are made in the schedule below. Premises No. Building No. Monthly Limit Of Indemnity (Fraction) Maximum Period of Indemnity (X) Extended Period Of Indemnity (Days) Agreed Value Amount ($) 0002 0001 NONE NONE 0002 0002 NONE NONE 0002 0003 NONE NONE 0003 0001 NONE NONE 0004 0001 NONE NONE PI-ULT-015 11.98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. . AGREED VALUE ENDORSEMENT This endorsement modifies insurance provided under the following: Property Coverage Form Schedule Premises No. Building No. Description of Covered Property 0001 0001 Personal Property 0001 0001 Building 0002 0001 Building 0002 0002 Building 0002 0003 Building 0003 0001 Personal Property 0003 0001 Building 0004 0001 Personal Property 0004 0001 Building 0005 0001 Personal Property Agreed Value Effective Date Agreed Value Expiration Date 06/01/2025 06/01/2026 A. The Additional Condition, Coinsurance, does not apply to Covered Property listed and described above. B. If the Agreed Value Expiration Date shown above is not extended, the Additional Condition, Coinsurance, is reinstated and this Endorsement expires. C. The terms of this Endorsement apply only to "loss" that occurs: (1) On or after the Agreed Value Effective Date shown above; and (2) Before the Agreed Value Expiration Date shown above or the policy expiration date, whichever occurs first. Page 1 of 1 Include copyrighted material of ISO Commercial Risk Services, Inc., with its permission. Copyright, ISO Commercial Risk Services, Inc. 1990 PI-ULT-023 (03/13) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EQUIPMENT BREAKDOWN PROTECTION ENDORSEMENT This endorsement modifies insurance provided under the following: Property Coverage Form Causes of Loss Form Business Income and Extra Expense Coverage Form Business Income Coverage Form Extra Expense Coverage Form EQUIPMENT BREAKDOWN PROTECTION SCHEDULE Premises: This endorsement applies to all Covered Premises specified elsewhere in this Policy. Coverages, Limits of Insurance and Options: Insurance under this Endorsement applies only to coverages as set forth below. COVERAGE LIMIT OF INSURANCE Limit per One Breakdown $ 11,410,738 Property Damage Included with total Limit per One Breakdown Business Income Included with total Limit per One Breakdown Business Income "Period of Restoration" Follows Property Coverage part Extra Expense Included with Business Income limit Spoilage Damage (including Utility Interruption-Spoilage Damage) • Coverage for Utility Interruption-Spoilage Damage applies only if interruption lasts at least: $ 100,000 24 hours Utility Services – Time Element • Coverage applies only if interruption lasts at least: Included with Business Income limit 24 hours Accounts Receivable Follows Property Coverage part Business Personal Property at Locations Not Specifically Identified Follows Property Coverage part Civil Authority Follows Property Coverage part “Diagnostic Equipment” Expediting Expense $ 250,000 Extended “Period of Restoration” 0 Days Fungus, Wet Rot, Dry Rot and Bacteria • Property Damage • Business Income and Extra Expense $ 25,000 30 Days Newly Acquired Property Follows Property Coverage part New Construction Follows Property Coverage part Pollutant Clean Up and Removal $ 100,000 Refrigerant Contamination $ 100,000 Ordinance or Law • Undamaged Portion of Building • Demolition Increased Cost of Construction Follows Property Coverage part Time Element from Dependent Properties $ 250,000 Valuable Papers and Records – Cost of Research $ 100,000 Water Damage $ 100,000 PI-ULT-023 (03/13) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 2 of 12 OPTIONAL EQUIPMENT COVERAGE Power Generating Equipment Included Excluded COVERAGE DEDUCTIBLES Property Damage Follows Property Coverage part Business Income Follows Property Coverage part Extra Expense Included in Business Income deductible Spoilage Damage (including Utility Interruption-Spoilage Damage) Included in Property Damage deductible Utility Interruption-Time Element 24 hours Refrigerant Contamination: Included in Property Damage deductible Time Element from Dependent Properties Included in Business Income deductible Other: ADDITIONAL COVERAGE EXTENSION, RESTRICTIONS, SPECIAL PROVISIONS: PI-ULT-023 (03/13) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 3 of 12 A. COVERAGE As respects coverage provided under this Policy, the following coverage is added: 1. Equipment Breakdown Protection Property Damage We will pay for direct physical damage to “Covered Property” located at the Covered Premises described in the Equipment Breakdown Protection Schedule resulting from a “Breakdown” to “Covered Equipment”. The most we will pay is the Limit of Insurance for Property Damage indicated in the Equipment Breakdown Protection Schedule. 2. Coverage Extensions. As respects coverage provided under this Equipment Breakdown Protection Endorsement only, the following is added: You may extend the insurance provided by this Equipment Breakdown Protection Endorsement as follows. If coverage is selected on the Equipment Breakdown Protection Schedule, the most we will pay under these Coverage Extensions are the Limits of Insurance in such Schedule. These limits are a part of and not in addition to the total “Limit per One Breakdown". These coverages apply only to that portion of the loss or damage that is a direct result of a "Breakdown" to "Covered Equipment" that is not excluded elsewhere in this Policy or this Equipment Breakdown Protection Endorsement. If any of the following Coverage Extensions are selected, the Limit of Insurance identified for the applicable coverage extension shown in the Equipment Breakdown Protection Endorsement shall replace any limit as may be found elsewhere in this Policy with regard to coverage provided under this Endorsement only. a. Business Income If Business Income is selected in the Equipment Breakdown Protection Schedule, coverage for Business Income as provided elsewhere in this Policy is extended to include loss and expense resulting from a “Breakdown” to “Covered Equipment”. b. Extra Expense If Extra Expense is selected in the Equipment Breakdown Protection Schedule, coverage for Extra Expense as provided elsewhere in this Policy is extended to include loss and expense resulting from a “Breakdown” to “Covered Equipment”. c. Spoilage Damage We will pay for: (1) Spoilage damage to "Perishable Goods". (2) Utility Interruption – Spoilage Spoilage damage to "Perishable Goods" that is caused by or results from an interruption in utility services that is the direct result of a "Breakdown" to "Covered Equipment" owned, operated or controlled by a private or public utility, landlord or other supplier with whom you have a contract to provide you with any of the following services: air conditioning, communication services, electric power, gas, heating, refrigeration, steam, water or waste treatment. The interruption of such utility service to your Covered Premises must last at least the consecutive period of time shown in the Equipment Breakdown Protection Schedule for Utility Interruption – Spoilage. Once this waiting period is met, coverage will commence at the initial time of the interruption and will then be subject to the applicable deductible. PI-ULT-023 (03/13) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 4 of 12 (3) Any necessary expenses you incur to reduce or avert the amount of loss under this Coverage Extension. We will pay such expenses to the extent they do not exceed the amount of loss that otherwise would have been payable under this Coverage Extension. As respects spoilage damage caused by a “Breakdown” to “Covered Equipment” only, coverage provided under this Coverage Extension supersedes any other Spoilage coverage provided elsewhere in this policy. d. Utility Services – Time Element If Utility Services – Time Element coverage is included under this Equipment Breakdown Protection Endorsement and Business Income and/or Extra Expense is also covered under this Endorsement, the selected coverage(s) are extended to include loss resulting from the interruption of utility services provided all of the following conditions are met: (1) The interruption is the direct result of a “Breakdown” to “Covered Equipment” owned, operated or controlled by the local private or public utility or distributor that directly generates, transmits, distributes or provides utility services which you receive; and (2) The “Covered Equipment” is used to supply air conditioning, communication services, electric power, gas, heating, refrigeration, steam, water or waste treatment to your Premises; and (3) The interruption of utility service to your Covered Premises lasts at least the consecutive period of time shown in the Equipment Breakdown Protection Schedule. e. Accounts Receivable If Accounts Receivable is selected in the Equipment Breakdown Protection Schedule, coverage for Accounts Receivable as provided elsewhere in this Policy is extended to include loss and expense resulting from a “Breakdown to “Covered Equipment”. f. Business Personal Property at Locations Not Specifically Identified The most we will pay for loss or expense to Business Personal Property at locations not specifically identified, resulting from a “Breakdown to “Covered Equipment”, is the Limit of Insurance shown in the Equipment Breakdown Protection Schedule. g. Civil Authority If Civil Authority is selected in the Equipment Breakdown Protection Schedule, coverage for Civil Authority as provided elsewhere in this Policy is extended to include loss and expense resulting from a “Breakdown to “Covered Equipment”. h. Expediting Expense With respect to your damaged "Covered Property", we will pay the reasonable extra cost to: (1) Make temporary repairs; and (2) Expedite permanent repairs or permanent replacement. i. Extended “Period of Restoration” The “Period of Restoration is extended by the number of consecutive days indicated in the Equipment Breakdown Protection Schedule. j. Fungus, Wet Rot, Dry Rot and Bacteria – Limited Coverage Limited coverage for Fungus Wet Rot, Dry Rot and Bacteria as provided elsewhere in this policy is extended to include loss or expense resulting from a “Breakdown” to “Covered Equipment”. k. Newly Acquired Property If Newly Acquired Property is selected in the Equipment Breakdown Protection Schedule, coverage for Newly Acquired Property as provided elsewhere in this Policy is extended to loss and expense resulting from a “Breakdown” to “Covered Equipment”. PI-ULT-023 (03/13) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 5 of 12 l. New Construction If New Construction is selected in the Equipment Breakdown Protection Schedule, coverage for New Construction as provided elsewhere in this Policy is extended to loss and expense resulting from a “Breakdown” to “Covered Equipment”. m. Ordinance or Law (Including Demolition and Increased Cost of Construction) If Ordinance or Law (Including Demolition and Increased Cost of Construction) is selected in the Equipment Breakdown Protection Schedule, coverage for Ordinance or Law (Including Demolition and Increased Cost of Construction as provided elsewhere in this Policy is extended to include loss and expense resulting from a “Breakdown” to “Covered Equipment”. n. Pollutant Clean Up and Removal If "Covered Property", including land or water owned by you at a described premises, is damaged, contaminated or polluted by a "Hazardous Substance" as a direct result of a "Breakdown" to "Covered Equipment", we will pay for any additional expenses incurred by you for clean-up, repair, replacement or disposal of the affected “Covered Property”. As used here, additional expenses means the additional cost incurred over and above the amount that we would have paid had no "Hazardous Substance" been involved with the loss. Ammonia is not considered to be a "Hazardous Substance" as respects this limitation. If you have selected "Business Income" and/or "Extra Expense" coverages under this Equipment Breakdown Protection Endorsement, we will also pay for any loss of "Business Income" or "Extra Expense" caused by such damage, contamination or pollution. The maximum we will pay for damage to "Covered Property", "Business Income" and/or "Extra Expense" under this Coverage Extension shall be the Limit of Insurance indicated in the Equipment Breakdown Protection Schedule for Pollutant Clean Up and Removal. o. Refrigerant Contamination If “Covered Property” is contaminated by a refrigerant, including ammonia, as a direct result of a “Breakdown” to ‘’Covered Equipment”, we will pay for this kind of damage, including salvage expense and any additional expenses incurred by you for clean -up, repair, replacement or disposal of that property. p. Time Element from Dependent Property If Time Element from Dependent Property is selected in the Equipment Breakdown Protection Schedule, coverage for Time Element from Dependent Property as provided elsewhere in this Policy is extended to include loss and expense resulting from a “Breakdown” to “Covered Equipment”. q. Valuable Papers and Research – Cost of Research If Valuable Papers and Research – Cost of Research is selected in the Equipment Breakdown Protection Schedule, coverage for Valuable Papers and Research – Cost of Research as provided elsewhere in this Policy is extended to loss and expense resulting from a “Breakdown” to “Covered Equipment”. r. Water Damage If “Covered Property" is damaged by water as a direct result of a “Breakdown” to “Covered Equipment” we will pay for this kind of damage, including salvage expense. 3. Additional Coverage Extensions. As respects coverage provided under this Equipment Breakdown Protection Endorsement only, the following is added: Coverages as may be provided elsewhere in this policy for the following coverages are extended to include loss and expense resulting from a “Breakdown to “Covered Equipment”, subject to the Limits of Insurance shown below. Such Limits are in addition to any Limits shown elsewhere in this policy. Such Limits are part of, not in addition to, the Limit per One Breakdown. PI-ULT-023 (03/13) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 6 of 12 COVERAGE EXTENSIONS LIMITS OF INSURANCE • Brands and Labels Included in Limit per One Breakdown • Claim Expenses $10,000 • Contract Penalty Clause $25,000 • Consequential Damage Included in Limit shown in Declarations • Debris Removal Included in Limit shown in Declarations • Fish in Aquariums $1,000 per “One Breakdown” • Guard Dogs $500 per dog; $1,000 per “One Breakdown” • Personal Effects – On Premises $25,000 – Portable Electronic Equipment $1,000 – Spouses $500 – Worldwide $1,000 • Preservation of Property Included in Limit per One Breakdown B. EXCLUSIONS 1. As respects coverage provided under this Equipment Breakdown Protection Endorsement only, Exclusions B.2.a; B.2.d.(6); B.2.e. and Limitations C.1.a. and C.1.b. of the Causes Of Loss Form attached to this policy are deleted. 2. The following exclusions are added as respects coverage provided under this Equipment Breakdown Protection Endorsement only. We will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. a. “Breakdown” resulting from or caused by capsizing, collapse, collision, upset or overturning of any mobile “Covered Equipment”, the vehicle or floating vessel by which the mobile “Covered Equipment” is transported or the platform or other base on which the mobile “Covered Equipment” is positioned. b. Depletion, deterioration, corrosion, erosion, wear and tear, and rust. However, if a "Breakdown" ensues, we will pay the ensuing loss or damage not otherwise excluded. c. Earth Movement including, but not limited to, earthquake; landslide; land subsidence; mine subsidence; sinkhole collapse; or volcanic action; or other rising or shifting of earth that results from, contributes to, or is aggravated by any of the above, all whether naturally occurring or due to man-made or other artificial causes. d. An explosion. However, we will pay for direct loss or damage caused by an explosion of "Covered Equipment" of the following kind: (1) Steam boiler; electric steam generator; steam piping; steam turbine; steam engine; or (2) Gas turbine or any other moving or rotating machinery, when such explosion is caused by centrifugal force or mechanical breakdown. e. Fire, including smoke, and water or other means used to extinguish a fire even when the attempt is unsuccessful. f. “Fungus”, wet rot and dry rot, and bacteria except as provided under Coverage Extensions, j. “Fungus”, Wet Rot, Dry Rot and Bacteria – Limited Coverage g. Specified Perils Loss caused by or resulting from: aircraft; civil commotion; collapse; combustion explosion; freezing caused by cold weather; hail; impact of aircraft, missile or vehicle; lightning; molten PI-ULT-023 (03/13) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 7 of 12 material; objects falling from aircraft or missiles; riot; smoke; vandalism; vehicles; weight of snow, ice or sleet; or windstorm. However, we will pay for a “Breakdown” to “Covered Equipment” if one of the perils listed above occurs away from the Covered Premises described in the Equipment Breakdown Protection Schedule, and causes an electrical surge or other electrical disturbance that comes through utility transmission lines, if such electrical surge or disturbance is not covered elsewhere in this Policy. h. Testing Any “Breakdown” to “Covered Equipment” that takes place while the “Covered Equipment” is undergoing a test which subjects the “Covered Equipment” to greater than maximum allowable operating conditions as identified by the manufacturer of the “Covered Equipment”. i. Water (1) Flood, surface water, waves, tides, tidal waves, tsunami, overflow of any body of water, or their spray, all whether driven by wind or not; (2) Mudflow or mudslides; or (3) Water damage caused by backup of sewers, drains, or drainage piping, all whether naturally occurring or due to manmade or other artificial causes. However, we will pay the expenses you incur to dry out electrical “Covered Equipment” resulting from such causes of loss. We will not pay for any other resulting loss or expense. j. Water damage caused by the discharge or leakage of a sprinkler system, sewer piping or domestic water piping, unless such discharge or leakage is the direct result of a “Breakdown” to “Covered Equipment”. The most we will pay for such water damage is the Limit of Insurance shown in the Equipment Breakdown Protection Schedule for Water Damage. k. With respect to Business Income, Extra Expense or Utility Services-Time Element coverages, the following additional exclusions will apply: (1) The business that would not or could not have been carried on if the "Breakdown" had not occurred; or (2) Your failure to use due diligence and dispatch to operate your business as nearly normal as practicable at the Covered Premises shown in the Equipment Breakdown Protection Schedule; or (3) The suspension, lapse or cancellation of a contract following a "Breakdown" to “Covered Equipment” extending beyond the time business could have resumed if the contract had not lapsed, been suspended or cancelled. l. With respect to Utility Services–Spoilage and Utility Services-Time Element coverages, the following additional exclusions will apply: (1) Acts of sabotage; (2) Deliberate act(s) of load shedding by the supplying or distributing utility. C. LIMITS OF INSURANCE As respects coverage provided under this Endorsement only, the following is added: 1. The most we will pay for loss and expense arising from any “One Breakdown” is the amount shown as the "Limit per One Breakdown" in the Equipment Breakdown Protection Schedule. This limit applies to all coverages under Section A – Coverage, including Coverage Extensions. 2. The Limit of Insurance under each of the Coverage Extensions for loss or expense arising from any "One Breakdown" is the amount shown in the Equipment Breakdown Protection Schedule for the applicable Coverage Extension. If two or more limits apply to the same portion of a loss the most we will pay is the smallest applicable Limit of Insurance. PI-ULT-023 (03/13) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 8 of 12 3. The most we will pay for physical damage caused by a “Breakdown” to “Diagnostic Equipment” is $250,000 for any single piece of equipment, unless another Limit is shown in the Equipment Breakdown Protection Schedule. This limit is part of, not in addition to, the Property Damage Limit shown in the Equipment Breakdown Protection Schedule. D. DEDUCTIBLES As respects coverage provided under this Endorsement only, the following shall apply: 1. Application of Deductibles We will not pay for loss or damage resulting from any “One Breakdown” until the amount of covered loss or damage exceeds the deductible shown in the Equipment Breakdown Protection Schedule. We will then pay the amount of covered loss or damage in excess of the deductible, up to the applicable Limit of Insurance. Deductibles apply separately for each applicable coverage except if: a. A deductible is shown as Combined for any of the coverages in the Equipment Breakdown Protection Schedule, then we will first subtract the combined deductible amount from the aggregate amount of any loss to which the combined deductible applies; or b. More than one “Covered Equipment” is involved in “One Breakdown”, then only one deductible, the highest, shall apply to each of the applicable coverages. 2. Determination of Deductibles a. Dollar Deductible If a dollar deductible is shown in the Equipment Breakdown Protection Schedule, we will first subtract the deductible amount from a loss we would otherwise pay. b. Multiple per Unit Deductible If a multiple of units is shown in the Equipment Breakdown Protection Schedule, the deductible will be calculated as the sum of the multiplier times the number of units specified. (For example: if the deductible is specified as $25/hp for air conditioning units, and a covered 500 hp air conditioning unit suffered a "Breakdown", the deductible will be $25 times 500 hp which equals $12,500.) c. Time Deductible If a time deductible is shown in the Equipment Breakdown Protection Schedule, we will not be liable for any loss under that coverage that occurs during the specified time period immediately following a “Breakdown”. If a time deductible is shown in days, each day shall mean twenty-four consecutive hours. d. Multiple of Daily Value Deductible If a multiple of daily value is shown in the Equipment Breakdown Protection Schedule, this deductible will be calculated as follows: (1) For the entire Covered Premises where the loss occurred, determine the total amount of “Business Income” that would have been earned during the “Period of Restoration” had no “Breakdown” taken place. (2) Divide the result in Paragraph (1) by the number of days the business would have been open during the “Period of Restoration”. The result is the daily value. (3) Multiply the daily value in Paragraph (2) by the number of daily value multiples shown in the Equipment Breakdown Protection Schedule. We will first subtract this deductible amount from any loss we would otherwise pay. We will then pay the amount of loss or damage in excess of the deductible, up to the applicable Limit of Insurance. e. Percentage of Loss Deductible If a deductible is expressed as a percentage of loss in the Equipment Breakdown Protection Schedule, we will not be liable for the indicated percentage of the gross amount of loss or PI-ULT-023 (03/13) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 9 of 12 damage (prior to the applicable deductible or coinsurance) insured under the applicable coverage. f. Minimum Or Maximum Deductible (1) If a minimum dollar amount deductible is shown in the Equipment Breakdown Protection Schedule; and the dollar amount of the Multiple per Unit, Multiple of Daily Value or the Percentage of Loss Deductible is less than the Minimum Deductible, then the Minimum Deductible amount shown in the Equipment Breakdown Protection Schedule will be the applicable deductible. (2) If a maximum dollar amount deductible is shown in the Equipment Breakdown Protection Schedule; and the dollar amount of the Multiple per Unit, Multiple of Daily Value or the Percentage of Loss Deductible is greater than the Maximum Deductible; then the Maximum Deductible amount shown in the Equipment Breakdown Protection Schedule will be the applicable deductible. E. CONDITIONS As respects coverage provided under this Equipment Breakdown Protection Endorsement only, the following shall apply: 1. Jurisdictional Inspection At your option, we will provide certificate-of-operation inspection services for boilers and other pressure vessels where: (1) You have notified us of equipment that is insured under this Coverage Part and that requires a certificate-of-operation; (2) The certificate-of-operation is required by state, city or provincial law; and (3) The state, city or provincial law permits inspections by insurance company employees. Certificate-of-operation inspection services shall be provided only in the United States of America, Puerto Rico and Canada as allowed by state, city or provincial law. 2. Suspension: Whenever “Covered Equipment” is found to be in, or exposed to, a dangerous condition, any of our representatives may immediately suspend the coverage provided by this Equipment Breakdown Protection Endorsement. We will deliver or mail a written notice of suspension to your last known address or the address where the “Covered Equipment” is located. Once suspended in this way, your coverage can be reinstated only by an endorsement for that “Covered Equipment”. If we suspend your coverage, you will get a pro rata refund of premium for that “Covered Equipment”. But the suspension will be effective even if we have not yet made or offered a refund. 3. Valuation a. We will pay the amount you spend to repair or replace “Covered Property” with other property of like kind, quality and capacity if such “Covered Property” is directly damaged by a “Breakdown” to “Covered Equipment”. Our payment will be the smallest of: (1) The cost to repair the damaged property; or (2) The cost to replace the damaged property; or (3) The amount you actually spend that is necessary to repair or replace the damaged property. But we will not pay for such damaged property that is obsolete or useless to you. b. New Generation If “Covered Equipment” cannot be repaired or the cost to repair is more than the cost to replace, and the damage to the “Covered Equipment” equals or exceeds 100% of the actual cash value of the “Covered Equipment”, you may choose to apply the following provision. PI-ULT-023 (03/13) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 10 of 12 New Generation Coverage – If you want to replace damaged “Covered Equipment” with a newer generation “Covered Equipment” of the same capacity, we will pay up to 25% more than “Covered Equipment” of like kind, quality and capacity would have cost at the time of the “Breakdown”. With regard to newer generation of “Computer Equipment”, if you choose to upgrade that equipment, we will pay for the expenses you incur to convert your “electronic data” and “media” to the upgraded system. c. Except for New Generation Coverage, you must pay the extra cost of replacing damaged property with property of a better kind or quality or of a larger capacity. d. Brands and Labels (1) If branded or labeled merchandise that is "Covered Property" is damaged by a "Covered Cause of Loss", we may take all or any part of the property at an agreed or appraised value. If we take such property, you may: (a) Stamp the word SALVAGE on the merchandise or its containers if the stamp will not physically damage the merchandise; or (b) Remove the brands or labels if doing so will not physically damage the merchandise. You must re-label the merchandise or its containers to comply with any law. (2) We will pay the reasonable cost you incur to perform the activities described in paragraphs E.3.d.(1) (a) and (b) above. However, if costs identified in paragraphs E.3.d.(1)(a) and (b) above are incurred as a result of damage as covered under the Hazardous Substance, Refrigerant Contamination or Water Damage coverage extensions, such costs will be a part of, not in addition to, the respective limits shown in the Equipment Breakdown Protection Schedule for the applicable coverage extension. e. Pair, Sets or Parts As otherwise provided in this Policy. f. Spoilage Damage We will determine the value of “Covered Property” under Spoilage Damage Coverage as follows: (1) For raw materials, the replacement cost; (2) For goods in process, the replacement cost of the raw materials, the labor extended and the proper proportion of overhead charges; and (3) For finished goods, the selling price, as if no loss or damage had occurred, less any discounts you offered and expenses you otherwise would have had. g. Selling Price Selling price valuation as otherwise provided in this Policy shall apply, except as specified in E.3.f. above. h. Warranty and Service Contract If any damaged “Covered Property”, that is intended for your use, is protected by an extended warranty, or maintenance or service contract; and that warranty or contract becomes void or unusable due to a “Breakdown”; we will reimburse you for the prorated amount of the unused costs of non-refundable, non-transferable warranties or contracts. F. DEFINITIONS As respects coverage provided under this Endorsement only, the following are added: 1. “Breakdown” a. “Breakdown” means the following direct physical loss that causes physical damage to "Covered Equipment" and necessitates its repair or replacement: PI-ULT-023 (03/13) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 11 of 12 (1) Electrical failure including arcing; (2) Failure of pressure or vacuum equipment; or (3) Mechanical failure including rupture or bursting caused by centrifugal force; unless such loss or damage is otherwise excluded within this Policy or any Endorsement forming a part of this Policy. b. "Breakdown” does not mean or include: (1) Cracking of any part on an internal combustion gas turbine exposed to the products of combustion; (2) Damage to any structure or foundation supporting the “Covered Equipment” or any of its parts; (3) Damage to any vacuum tube, gas tube, or brush; (4) Defects, erasures, errors, limitations or viruses in “Computer Equipment”, "Data", "Media" and/or programs including the inability to recognize and process any date or time or provide instructions to “Covered Equipment”. However, if a "Breakdown" ensues, we will pay the ensuing loss or damage not otherwise excluded; (5) Functioning of any safety or protective device; (6) Leakage at any valve, fitting, shaft seal, gland packing, joint or connection; or (7) Malfunction including but not limited to adjustment, alignment, calibration, cleaning or modification. 2. "Computer Equipment" means your programmable electronic equipment that is used to store, retrieve and process data; and associated peripheral equipment that provides communication including input and output functions such as printing or auxiliary functions such as data transmission. It does not include "Data" or "Media". 3. “Computer Programs” means a set of related electronic instructions which direct the operations and functions of a computer or device connected to it, which enable the computer or device to receive, process, store, retrieve or send data. 4. “Covered Equipment” a. “Covered Equipment” means any: (1) Equipment designed and built to operate under internal pressure or vacuum other than weight of contents; For any boiler or fired vessel, the furnace of the “Covered Equipment” and the gas passages from there to the atmosphere will be considered as outside the “Covered Equipment”; (2) Communication equipment and “Computer Equipment”; (3) Fiber optic cable; or (4) Any other electrical or mechanical equipment that is used in the generation, transmission or utilization of energy. b. “Covered Equipment” does not mean or include any: (1) Astronomical telescope, cyclotron used for other than medical purposes, nuclear reactor, particle accelerator used for other than medical purposes, satellites and/or spacecraft (including satellite or spacecraft contents and/or their launch sites); (2) Catalyst; (3) Dragline, power shovel, excavation or construction equipment including any “Covered Equipment” mounted on or used solely with any dragline, power shovel, excavation or construction equipment; (4) Equipment or any part of equipment manufactured by you for sale. (5) Felt, wire, screen, mold, form, pattern, die, extrusion plate, swing hammer, grinding disc, cutting blade, non-electrical cable, chain, belt, rope, clutch plate, brake pad, non-metal part or any part or tool subject to periodic replacement; (6) Insulating or refractory material; (7) “Media”; PI-ULT-023 (03/13) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 12 of 12 (8) Non-metallic pressure or vacuum equipment, unless it is constructed and used in accordance with the American Society of Mechanical Engineers (A.S.M.E.) code or a Code that has been accepted by the National Board of Boiler and Pressure Vessel Inspectors; (9) Part of pressure or vacuum equipment that is not under internal pressure of its contents or internal vacuum; (10) “Power Generating Equipment”, unless shown as Included in the Equipment Breakdown Protection Schedule; (11) Pressure vessels and piping that are buried below ground and require the excavation of materials to inspect, remove, repair or replace; (12) Structure, foundation, cabinet or compartment supporting or containing the “Covered Equipment” or part of the “Covered Equipment” including penstock, draft tube or well casing; (13) Vehicle, aircraft, self-propelled equipment or floating vessel, including any “Covered Equipment” mounted on or used solely with any vehicle, aircraft, self -propelled equipment or floating vessel. 5. "Covered Property”, as used in this Endorsement only, means any property that you own, or is in your care, custody or control and for which you are legally liable, while located at the Covered Premises described in the Equipment Breakdown Protection Schedule. “Covered Property” does not mean live mammals, fish, birds, reptiles or insects. It also does not mean eggs intended to become live mammals, fish, birds, reptiles or insects. 6. "Diagnostic Equipment" means any machine or apparatus (other than astronomical telescopes, cyclotron, nuclear reactor or particle accelerator) used solely for research, diagnosis, medical, surgical, therapeutic, dental or pathological purposes. 7. “Electronic Data” means information, facts or “Computer Programs” stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), on hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other repositories of computer software which are used with electronically controlled equipment. 8. “Hazardous Substance” means any substance, other than ammonia, that has been declared to be hazardous to health by a governmental agency. 9. “Media” means electronic data processing or storage material such as films, tapes, discs, drums or cells. However, “Media” does not include any hard disk drive that is an internal component of “Computer Equipment”. 10. "One Breakdown” means if an initial “Breakdown” causes other “Breakdowns”, all will be considered “One Breakdown”. All “Breakdowns” at any one location that manifest themselves at the same time and are the result of the same cause will be considered “One Breakdown”. If an initial “Breakdown” causes other “Breakdowns”, all will be considered “One Breakdown”. 11. "Period of Restoration" means the period of time that: (a) Begins at the time of the "Breakdown"; and (b) When the damaged property at the Covered Premises described in the Schedule above could have been repaired or replaced with reasonable speed and similar quality. 12. ”Power Generating Equipment” means any pressure, mechanical or electrical equipment, machinery, apparatus used in, or associated with, the generation of electric power; but it does not include emergency power generating equipment less than or equal to 1000kw in capacity. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PI-ULT-028 11.98 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL EXCLUSIONS This endorsement modifies coverage provided under the following: UltimateCover Program Policy SCHEDULE Description of Property Not Covered The item or items marked below by an "X" are added to paragraph A.2., Property Not Covered of the Property Coverage Form: Contractors Equipment Fine Arts Other (describe) Property in transit by the following mode(s) of transportation: Property at the following location(s): Location Address Specific Cause(s) of Loss Excluded The following is added to section B. Exclusions of the Causes of Loss Form. PI-ULT-072 (03/21) PI-ULT-072 (03/21) Page 1 of 4 © 2021 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATIONS ON FUNGUS, WET ROT, DRY ROT AND BACTERIA This endorsement modifies insurance provided under the following: PROPERTY COVERAGE FORM CAUSES OF LOSS FORM SCHEDULE Increased Limit: Separate Premises or Locations Option YES NO If YES, describe the separate premises or locations: Information required to complete this SCHEDULE, if not shown on this endorsement, will be shown in the Declarations. I. CAUSES OF LOSS FORM, Section E. Additional Coverage Extensions is amended to include the following: A. Coverage 1. We will pay for “loss” or damage by “fungus,” wet or dry rot or bacteria that is the result of fire or lightning. 2. a. We will also pay for loss or damage by “fungus,” wet or dry rot or bacteria that is the result of one or more of the following causes that occurs during the policy period. Coverage applies only if all reasonable means were used to save and preserve the property from further damage at the time of and after that occurrence. (1) A “specified cause of loss” other than fire or lightning; (2) Water that backs up or overflows from a sewer, drain or sump, if coverage applies to the affected premises; or (3) Water under the ground surface pressing on, or flowing or seeping through: (a) Foundations, walls, floors or paved surfaces; (b) Basements, whether paved or not; (c) Doors, windows or other openings; if coverage applies to the affected premises; or PI-ULT-072 (03/21) PI-ULT-072 (03/21) Page 2 of 4 © 2021 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with permission. (4) “Flood,” if the Flood Endorsement applies to the affected premises. b. The term loss or damage as used in Item 2.a. means: (1) Direct physical “loss” or damage to Covered Property caused by “fungus,” wet or dry rot or bacteria, including the cost of removal of the “fungus,” wet or dry rot or bacteria; (2) The cost to tear out and replace any part of the building or other property as needed to gain access to the “fungus,” wet or dry rot or bacteria; and (3) 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 “fungus,” wet or dry rot or bacteria are present. 3. The amount we will pay for coverage described in 2.a. above is limited as described in B. Limits of Insurance and C. Additional Conditions – Business Income and/or Extra Expense. B. Limits of Insurance 1. The most we will pay for all “loss” or damage for coverage described in A.1. above is the Limit of Insurance for Covered Property shown in the Declarations. 2. a. The most we will pay for all loss or damage for coverage described in A.2. above is limited to $15,000, unless an increased limit is shown in the SCHEDULE of this endorsement: (1) Regardless of the number of claims arising out of all occurrences which take place in a 12 month period, starting with the beginning of the present annual policy period; and (2) Even if the “fungus,” wet or dry rot or bacteria continues to be present or active, or recurs in a later policy period. b. The $15,000 Limit of Insurance or Increased Limit shown in the SCHEDULE of this endorsement is included within, and is not in addition to, the applicable Limit of Insurance for any Covered Property. c. If there is covered “loss” or damage to Covered Property not caused by “fungus,” wet or dry rot or bacteria, loss payment will not be limited by the terms of this Limited Coverage, except to the extent that “fungus,” wet or dry rot or bacteria causes an increase in the loss. Any such increase in the loss will be subject to the terms of this endorsement. d. The terms of this Limited Coverage do not increase or reduce the coverage provided under: (1) Paragraph D. Additional Coverage – Collapse; or (2) Paragraph E. 1. Water Damage, Other Liquids, Powder or Molten Material Damage In the CAUSES OF LOSS FORM. C. Additional Conditions – Business Income and/or Extra Expense Under Item A. 2. above, the following applies only if the Business Income and/or Extra Expense coverage applies to the described premises and only if the suspension of “operations” satisfies all terms and conditions of the applicable BUSINESS INCOME (WITH EXTRA EXPENSE) COVERAGE FORM: PI-ULT-072 (03/21) PI-ULT-072 (03/21) Page 3 of 4 © 2021 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with permission. 1. If the “specified cause of loss” which resulted in “fungus,” wet or dry rot or bacteria does not in itself necessitate a suspension of “operations,” but such suspension is necessary due to loss or damage to property caused by “fungus,” wet or dry rot or bacteria, then our payment under Business Income and/or Extra Expense is limited to the amount of loss and/or expense sustained in a period of not more than 30 days. The days need not be consecutive. 2. If a covered suspension of “operations” was caused by “loss” or damage other than “fungus,” wet or dry rot or bacteria, but remediation of “fungus,” wet or dry rot or bacterial prolongs the “period of restoration,” we will pay for loss and/or expense sustained during the delay (regardless of when such a delay occurs during the “period of restoration”), but such coverage is limited to 30 days. The days need not be consecutive. II. CAUSES OF LOSS FORM, Section B. Exclusions, is amended as follows: A. Exclusion 2.d. (2) is deleted in its entirety and replaced with the following: (2) Rust, corrosion, decay, deterioration, spoilage, contamination, hidden or latent defect or any quality in property that causes it to damage or destroy itself. B. The following exclusions are added: 1. Unless as provided for in Section I.A. Coverage above, we will not pay for “loss” or damage caused directly or indirectly by the presence, growth, proliferation, spread or any activity of “fungus,” wet or dry rot or bacteria. Such “loss” or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the “loss.” But if “fungus,” wet or dry rot or bacteria results in a cause of loss covered by this endorsement, we will pay for the “loss” or damage caused by that covered cause of loss. 2. We will not pay for “loss” or damage caused by or resulting from continuous or repeated seepage or leakage of water, or the presence or condensation of humidity, moisture or vapor, that occurs over a period of 14 days or more. 3. We will not pay under: a. The Ordinance or Law coverage extension in the PROPERTY COVERAGE FORM; or b. Any ORDINANCE OR LAW COVERAGE endorsement, if applicable to this policy: For: (1) “Loss” or expense sustained due to the enforcement of any ordinance or law which requires the demolition, repair, replacement, reconstruction, remodeling or remediation of property due to the presence, growth, proliferation, spread or any activity of "fungus," wet or dry rot or bacteria; or (2) The costs associated with the enforcement of 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 "fungus," wet or dry rot or bacteria. PI-ULT-072 (03/21) PI-ULT-072 (03/21) Page 4 of 4 © 2021 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with permission. III. CAUSES OF LOSS FORM, Section C. Limitations, Paragraph 3. is deleted and replaced by the following: 3. We will not pay for "loss" to property in transit caused by or resulting from breakage; leakage; contamination; being spotted, discolored, frosted, rotted, soured, steamed, or changed in flavor. But we will pay for such "loss" caused by: the "specified causes of loss"; an accident to the vehicle or railroad car carrying the Covered Property; burning, collision or crashing of the aircraft carrying the Covered Property; or the stranding, sinking, burning or collision of the vessel carrying the Covered Property. IV. CAUSES OF LOSS FORM, Section F. Definitions, is amended by adding the following: "Fungus" means any type or form of fungus, including mold or mildew, and any mycotoxins, spores, scents or by-products produced or released by fungi. PI-ULT-83 (04/01) Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOSS OF INCOME DUE TO WORKPLACE VIOLENCE This endorsement modifies and is subject to the insurance provided under the following: ULTIMATECOVER PROGRAM - BUSINESS INCOME WITH EXTRA EXPENSE COVERAGE FORM The following is added to Section A. Coverage, 4. Additional Coverages: g. Workplace Violence (1) Coverage: Loss of Business Income: We will pay for the actual loss of Business Income you sustain due to the suspension of your “operations” caused by any intentional use, or threat to use, deadly force by any person. The most we will pay under this coverage is $100,000. Extra Expense: Coverage is extended to include the cost of public relations consultants or other specialists to restore the insured’s reputation following an incident of workplace violence. Additionally, coverage includes mental health counseling for employees. The most we will pay under this coverage is $5,000. (2) Loss Determination: Determination of the Business Income loss under this additional coverage will be calculated only for the location where the workplace violence occurred. Coverage will only be for the “period of restoration”. Extra expense will apply even though operations have resumed. However, they will not apply after 60 days following the incident. All other terms and conditions remain the same. . PI-ULT-085 (05/16) Page 1 of 1 Includes copyrighted material of the Insurance Services Office Inc., used with its permission. 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: ULTIMATECOVER PROPERTY COVERAGE PART ULTIMATECOVER CRIME COVERAGE PART A. Cap On Certified Terrorism Losses "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: 1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 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. B. Application Of Exclusions The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Part or Policy, such as losses excluded by the Nuclear Hazard Exclusion or the War And Military Action Exclusion. PI-ULT-085 (05/16) PI-ULT-088 (04/19) Page 1 of 3 Includes copyright material of the Insurance Services Office, Inc. used with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES – ELECTRONIC DATA This endorsement modifies insurance provided under the following: ULTIMATECOVER PROPERTY COVERAGE PART A. Under this endorsement, electronic data means information, facts or computer pro- grams stored as or on, created or used on, or transmitted to or from computer software (in- cluding systems and applications software), on hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other re- positories of computer software which are used with electronically controlled equipment. The term computer programs, referred to in the foregoing description of electronic data, means a set of related electronic instructions which direct the operations and functions of a computer or device connected to it, which en- able the computer or device to receive, pro- cess, store, retrieve or send data. For the purpose of this endorsement, the term elec- tronic data does not include your "stock" of prepackaged software. B. This section, B., and the following sections C. and D., apply to the UltimateCover Property Coverage Form, Condominium Association Coverage Endorsement, Commercial Condo- minium Unit-Owner’s Coverage Endorsement, and the UltimateCover Causes of Loss Form. Paragraphs B.1. and B.2. supersede any pro- visions relating to electronic data, electronic media or valuable papers or records, including any such provisions under Property Not Cov- ered, Coverage Extensions, Valuation Condi- tions or Limitations in the aforementioned forms. 1. Covered Property does not include elec- tronic data, except as provided below in C., Limited Coverage – Electronic Data. 2. Covered Property does not include the cost to replace or restore the information on valuable papers and records, including those which exist as electronic data. Valu- able papers and records include but are not limited to proprietary information, books of account, deeds, manuscripts, abstracts, drawings and card index systems. Howev- er, limited coverage for valuable papers and records, other than those which exist as electronic data, is provided below in D., Limited Coverage – Valuable Papers And Records (Other Than Electronic Data). C. Limited Coverage – Electronic Data 1. Subject to the provisions of this Limited Coverage, we will pay for the cost to re- place or restore electronic data which has been destroyed or corrupted by a Covered Cause of Loss. To the extent that electron- ic data is not replaced or restored, the loss will be valued at the cost of replacement of the media on which the electronic data was stored, with blank media of substantially identical type. 2. The Covered Causes of Loss applicable to Your Business Personal Property apply to this Limited Coverage – Electronic Data, subject to the following: a. If the Ultimate Cover Causes of Loss Form applies, coverage under this Lim- ited Coverage – Electronic Data is lim- ited to the "specified causes of loss" as defined in that Form, and Collapse as set forth in that Form. b. If the Causes of Loss Form is endorsed to add a Covered Cause of Loss, the additional Covered Cause of Loss does not apply to the coverage provided un- der this Limited Coverage – Electronic Data. PI-ULT-088 (04/19) PI-ULT-088 (04/19) PI-ULT-088 (04/19) Page 2 of 3 Includes copyright material of the Insurance Services Office, Inc. used with its permission c. The Covered Causes of Loss include a virus, harmful code or similar instruction introduced into or enacted on a com- puter system (including electronic data) or a network to which it is connected, designed to damage or destroy any part of the system or disrupt its normal op- eration. But there is no coverage for loss or damage caused by or resulting from manipulation of a computer sys- tem (including electronic data) by any employee, including a temporary or leased employee, or by an entity re- tained by you or for you to inspect, de- sign, install, modify, maintain, repair or replace that system. 3. The most we will pay under this Limited Coverage – Electronic Data is $2,500 (un- less a higher limit is shown in the Declara- tions)for all loss or damage sustained in any one policy year, regardless of the number of occurrences of loss or damage or the number of premises, locations or computer systems involved. If loss pay- ment on the first occurrence does not ex- haust this amount, then the balance is available for subsequent loss or damage sustained in but not after that policy year. With respect to an occurrence which be- gins in one policy year and continues or re- sults in additional loss or damage in a sub- sequent policy year(s), all loss or damage is deemed to be sustained in the policy year in which the occurrence began. D. Limited Coverage – Valuable Papers And Records (Other Than Electronic Data) 1. You may extend the insurance that applies to Your Business Personal Property to ap- ply to the cost to replace or restore the lost information on valuable papers and records for which duplicates do not exist. But this Limited Coverage does not apply to valua- ble papers and records which exist as elec- tronic data. 2. If the Ultimate Cover Causes of Loss Form applies, coverage under this Limited Cov- erage is limited to the "specified causes of loss" as defined in that Form, and Collapse as set forth in that Form. 3. Under this Limited Coverage, the most we will pay to replace or restore the lost infor- mation is $2,500 at each described prem- ises. We will also pay for the cost of blank material for reproducing the records (whether or not duplicates exist), and (when there is a duplicate) for the cost of labor to transcribe or copy the records. The costs of blank material and labor are subject to the applicable Limit of Insurance on Your Business Personal Property and therefore coverage of such costs is not ad- ditional insurance. E. With respect to the UltimateCover Business Income and/or Extra Expense Coverage Forms, the following exclusion is added: Exclusion – Interruption Of Computer Operations 1. Coverage for Business Income does not 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 below in F., Limited Coverage – Interruption Of Computer Operations. 2. Coverage for Extra Expense does not apply when action is taken to avoid or min- imize a "suspension" of "operations" caused by destruction or corruption of elec- tronic data, or any loss or damage to elec- tronic data, except as provided below in F., Limited Coverage – Interruption Of Com- puter Operations. F. Limited Coverage – Interruption Of Com- puter Operations This Limited Coverage applies only to the Ul- timate Cover Business Income and/or Extra Expense Coverage Forms. 1. Subject to all provisions of this Limited Coverage, you may extend the insurance that applies to Business Income and/or Ex- tra Expense to apply to a "suspension" of "operations" caused by an interruption in computer operations due to destruction or corruption of electronic data due to a Cov- ered Cause of Loss. 2. With respect to the coverage provided under this Limited Coverage, the Covered Causes of Loss are subject to the follow- ing: PI-ULT-088 (04/19) PI-ULT-088 (04/19) Page 3 of 3 Includes copyright material of the Insurance Services Office, Inc. used with its permission a. If the Ultimate Cover Causes of Loss Form applies, coverage under this Lim- ited Coverage – Interruption Of Com- puter Operations is limited to the "speci- fied causes of loss" as defined in that Form, and Collapse as set forth in that Form. b. If the Causes of Loss Form is endorsed to add a Covered Cause of Loss, the additional Covered Cause of Loss does not apply to the coverage provided un- der this Limited Coverage – Interruption Of Computer Operations. c. The Covered Causes of Loss include a virus, harmful code or similar instruction introduced into or enacted on a com- puter system (including electronic data) or a network to which it is connected, designed to damage or destroy any part of the system or disrupt its normal op- eration. But there is no coverage for an interruption related to manipulation of a computer system (including electronic data) by any employee, including a temporary or leased employee, or by an entity retained by you or for you to inspect, design, install, maintain, repair or replace that system. 3. The most we will pay under this Limited Coverage -Interruption Of Computer Oper- ations is $2,500 for the total of all loss sus - tained and/or expense incurred in any one policy year, regardless of the number of in- terruptions or the number of premises, lo- cations or computer systems involved. If loss payment relating to the first interrup- tion does not exhaust this amount, then the balance is available for loss or expense sustained or incurred as a result of subse- quent interruptions in that policy year. A balance remaining at the end of a policy year does not increase the amount of in- surance in the next policy year. With re- spect to any interruption which begins in one policy year and continues or results in additional loss or expense in a subsequent policy year(s), all loss and expense is deemed to be sustained or incurred in the policy year in which the interruption began. 4. This Limited Coverage – Interruption Of Computer Operations does not apply to loss sustained or expense incurred after the end of the "period of restoration", even if the amount of insurance stated in 3. above has not been exhausted. G. Under the Legal Liability Coverage Form, Covered Property does not include electronic data. H. If this policy is endorsed to cover damage to Covered Property or Business Income loss or Extra Expense caused by or related to inter- ruption in utility service, such coverage does not apply to destruction or corruption of (or any loss or damage to) electronic data. I. If this policy is endorsed to cover Business Income loss or Extra Expense related to "sus- pension" of "operations" due to loss or damage to a "dependent property", such coverage does not apply when the only loss to "dependent property" is destruction or corruption of (or any loss or damage to) electronic data. If the "de- pendent property" sustains loss or damage to electronic data and other property, coverage under the "dependent property" endorsement will not continue once the other property is re- paired, rebuilt or replaced. PI-ULT-142 (08/13) Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc., with permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COLLAPSE – EXCLUSION AND ADDITIONAL COVERAGE RE-STATED This endorsement modifies insurance provided under the following: CAUSES OF LOSS FORM I. Section B. Exclusions, 2.i. is deleted in its entirety and replaced with the following: i. Collapse, including any of the following conditions of property or any part of the property: (1) An abrupt falling down or caving in; (2) Loss of structural integrity, including separation of parts of the property or property in danger of falling down or caving in; or (3) Any cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion as such condition relates to (1) or (2) above. But if collapse results in a Covered Cause of Loss at the described premises, we will pay for the “loss” or damage caused by that Covered Cause of Loss. This exclusion i. does not apply: (a) To the extent that coverage is provided under the Additional Coverage – Collapse; or (b) To collapse caused by one or more of the following: (i) The “specified causes of loss”; (ii) Breakage of building glass; (iii) Weight of rain that collects on a roof; or (iv) Weight of people or personal property. II. Section D. Additional Coverage – Collapse is deleted in its entirety and replaced with the following: D. Additional Coverage – Collapse The coverage provided under this Additional Coverage – Collapse, applies only to an abrupt collapse as described and limited in D.1. through D.7. 1. For the purpose of this Additional Coverage – Collapse, abrupt collapse means an abrupt falling down or caving in of a “building” or any part of a “building” with the result that the “building” or part of the “building” cannot be occupied for its intended purpose. 2. We will pay for direct physical “loss” or damage to Covered Property, caused by abrupt collapse of a “building” or any part of a “building” that is insured under this Coverage Form or that contains Covered Property insured under this Coverage Form, if such collapse is caused by one or more of the following: PI-ULT-142 (08/13) Page 2 of 3 Includes copyrighted material of Insurance Services Office, Inc., with permission. a. “Building” decay that is hidden from view, unless the presence of such decay is known to an insured prior to collapse; b. Insect or vermin damage that is hidden from view, unless the presence of such damage is known to an insured prior to collapse; c. Use of defective material or methods in construction, remodeling or renovation if the abrupt collapse occurs during the course of the construction, remodeling or renovation; d. Use of defective material or methods in construction, remodeling or renovation if the abrupt collapse occurs after the construction, remodeling or renovation is complete, but only if the collapse is caused in part by: (1) A cause of loss listed in 2.a. or 2.b.; (2) One or more of the "specified causes of loss"; (3) Breakage of “building” glass; (4) Weight of people or personal property; or (5) Weight of rain that collects on a roof. 3. This Additional Coverage – Collapse does not apply to: a. A “building” or any part of a “building” that is in danger of falling down or caving in; b. A part of a “building” that is standing, even if it has separated from another part of the “building”; or c. A “building” that is standing or any part of a “building” that is standing, even if it shows evidence of cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion. 4. With respect to the following property: a. Outdoor radio or television antennas (including satellite dishes) and their lead-in wiring, masts or towers; b. Awnings, gutters and downspouts; c. Yard fixtures; d. Outdoor swimming pools; e. Fences; f. Piers, wharves and docks; g. Beach or diving platforms or appurtenances; h. Retaining walls; and i. Walks, roadways and other paved surfaces; PI-ULT-142 (08/13) Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc., with permission. if an abrupt collapse is caused by a cause of loss listed in 2.a. through 2.d., we will pay for “loss” or damage to that property only if: (1) Such “loss” or damage is a direct result of the abrupt collapse of a “building” insured under this Coverage Form; and (2) The property is Covered Property under this Coverage Form. 5. If personal property abruptly falls down or caves in and such collapse is not the result of abrupt collapse of a “building,” we will pay for “loss” or damage to Covered Property caused by such collapse of personal property only if: a. The collapse of personal property was caused by a cause of loss listed in 2.a. through 2.d.; b. The personal property which collapses is inside a “building”; and c. The property which collapses is not of a kind listed in 4., regardless of whether that kind of property is considered to be personal property or real property. The coverage stated in this Paragraph 5. does not apply to personal property if marring and/or scratching is the only damage to that personal property caused by the collapse. 6. This Additional Coverage – Collapse, does not apply to personal property that has not abruptly fallen down or caved in, even if the personal property shows evidence of cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion. 7. This Additional Coverage – Collapse, will not increase the Limits of Insurance provided in this Coverage Part. 8. The term Covered Cause of Loss includes the Additional Coverage – Collapse, as described and limited in D.1. through D.7. PI-ULT-148 CA (10/16) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EQUIPMENT BREAKDOWN - SEPARATE DEDUCTIBLE ENDORSEMENT This endorsement modifies insurance provided under the following: PROPERTY COVERAGE FORM A. When any Equipment Breakdown Endorsement is attached to the policy, deductibles apply separately for each applicable coverage as shown in the Equipment Breakdown Endorsement except if: 1. A deductible is shown as combined or included within another deductible for any of the coverages in these endorsements, then we will first subtract the combined deductible amount from the aggregate amount of any “loss” to which the combined deductible applies; or 2. More than one “covered equipment” is involved in “one breakdown”, then only one deductible, the highest, shall apply for each of the applicable coverages. B. The last sentence in D. Deductible does not apply whenever: 1. there is a covered property “loss” in the Property Coverage Form; and 2. a covered equipment breakdown “loss” in any Equipment Breakdown Endorsement for the same occurrence. Instead,: 1. the applicable property “loss” deductible will apply to the property “loss”; and 2. the applicable equipment breakdown “loss” deductible will apply to the equipment breakdown “loss” for the same occurrence. This language supersedes anything to the contrary. PI-ULT-148 CA (10/16) PI-ULT-173 (02/15) Page 1 of 15 Includes copyrighted material of Insurance Services Office, Inc., with permission. ©2015 Philadelphia Consolidated Holding Corp. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ELITE PROPERTY ENHANCEMENT: HUMAN SERVICES This endorsement modifies insurance provided under the following: PROPERTY COVERAGE FORM BUSINESS INCOME WITH EXTRA EXPENSE COVERAGE FORM CAUSES OF LOSS FORM I. Schedule of Coverages and Limits The following is a summary of increased Limits of Insurance, additional coverages and/or coverage extensions provided by this endorsement. This endorsement is subject to the provisions of your policy. Coverage Applicable Limit of Insurance Page # Covered Property Business Personal Property Within 1600 feet 3 Fine Arts Limits ≤ $50,000 not required to be scheduled 3 Garages and Storage Sheds $5,000 3 Additional Coverages Automated External Defibrillators (AEDs) $5,000 4 Claim Expenses $50,000 4 Emergency Vacating Expense $25,000 4 Green Consultant Expense Coverage $5,000 5 Joint or Disputed Loss Agreement Included 5 Lease Cancellation Moving Expenses $5,000 7 Coverage Extensions Business Income with Extra Expense Mobile Shredding/Mobile Medical Units Civil Authority Contingent Business Property $300,000 Included in BI/EE limit Included in BI/EE limit Included in BI/EE limit 7 Damage to Property of Home Care Providers $50,000 9 Excavations, Landscaping and Other Outdoor Property $50,000 10 Fire Extinguisher Recharge (Portable Extinguishers) $25,000 10 Lost Key Replacement $10,000 10 Mobile Medical Equipment $15,000 11 New Construction 180 Days 11 Ordinance or Law – Demolition Cost Ordinance or Law – Increased Cost of Construction $500,000 $500,000 11 Personal Effects $50,000 11 Money and Securities of Your Residents or Clients $5,000 11 Residential Room Reserve $100,000 12 Reward Reimbursement $50,000 12 Spoilage 1600 feet, $50,000 12 PI-ULT-173 (02/15) PI-ULT-173 (02/15) Page 2 of 15 Includes copyrighted material of Insurance Services Office, Inc., with permission. ©2015 Philadelphia Consolidated Holding Corp. Coverage Applicable Limit of Insurance Page # Loss Conditions Vacancy Clause Modification 90 Days 13 Exclusion Amendments Earthquake Sprinkler Leakage $30,000 13 Flood (exception for Additional Coverage – Water) Amended 13 Dampness/Extremes of Temperature Exclusion removed 13 Limitations Furs $10,000 13 Precious Metals $25,000 13 Causes of Loss Additional Coverage Water Coverage $30,000 13 Causes of Loss Additional Coverage Extensions Utility Services – Direct Damage $50,000 14 Business Income Additional Coverages Extended Business Income 180 Days 14 Utility Service Interruption Included 14 II. Conditions A. Applicability of Coverage Coverage provided in forms attached to your policy is amended by this endorsement where applicable. If two or more coverages apply to the same “loss,” the broader coverage and only the broader coverage, will apply. B. Limits of Insurance 1. When coverage is provided by this endorsement and another coverage form attached to this policy, the greater Limits of Insurance will apply. In no instance will multiple limits apply to coverages which may be duplicated within this policy. 2. Limits of Insurance identified herein are not excess of, or in addition to, Limits of Insurance provided by the coverage or Causes of Loss forms applicable to this endorsement, unless otherwise stated. 3. Coverage provided by this endorsement is considered to be on an occurrence basis (not on a per location basis), unless otherwise specified. 4. The deductible listed in the Property Declarations will apply unless specific deductible provisions are set forth under any Additional Coverage or Coverage Extension. C. Adjusters’ Fees Coverages provided herein are not applicable to the generation of fees you may incur by retaining a public adjuster or appraiser. D. Applicability of Exclusions Specific exclusionary endorsements attached to the policy supersede coverage provisions contained in this endorsement. PI-ULT-173 (02/15) Page 3 of 15 Includes copyrighted material of Insurance Services Office, Inc., with permission. ©2015 Philadelphia Consolidated Holding Corp. E. Requirement for Covered Causes of Loss Except where a specific Covered Cause of Loss is identified in this endorsement, coverage for the “losses” described herein are applicable only for Covered Causes of Loss as designated in the CAUSES OF LOSS FORM attached to the policy. F. Other Insurance If there is other insurance under a separate policy covering the same “loss” as provided for in this endorsement, we will pay only for the amount of covered “loss” in excess of the amount due from that other insurance, regardless of whether you are able to collect. However, we will not pay more than the applicable Limit of Insurance. III. Covered Property In the PROPERTY COVERAGE FORM, Section A. Coverage is amended as follows: A. Paragraph 1. Covered Property, a. Your Business Personal Property, Item (1) is deleted in its entirety and replaced with the following: (1) Located in or on the “buildings” described in the Declarations or within 1,600 feet of the described premises; B. Fine Arts 1. Paragraph 1. Covered Property, a. Your Business Personal Property, Item (d) “Fine Arts” is deleted in its entirety and replaced with the following: (d) “Fine Arts” If the total value of “Fine Arts” is over $50,000, they must be listed in a schedule on file with us; 2. Paragraph 2. Property Not Covered, o. “Fine Arts” is deleted in its entirety and replaced with the following: o. “Fine Arts,” if the total value of such property is greater than $50,000, unless such property is listed in a schedule on file with us; C. Garages and Storage Sheds Paragraph 1. Covered Property, b. “Buildings” is amended by adding the following: (12) “Buildings” also include garages and storage sheds located at the premises described in the Declarations. The most we will pay under this Coverage Extension is $5,000 for all garages and storage sheds combined. PI-ULT-173 (02/15) Page 4 of 15 Includes copyrighted material of Insurance Services Office, Inc., with permission. ©2015 Philadelphia Consolidated Holding Corp. c. IV. Additional Coverages The following are added to or are amended under the PROPERTY COVERAGE FORM, Section A. Coverage, 4. Additional Coverages: A. Automated External Defibrillators Automated external defibrillators (AEDs) are considered Covered Property. We will pay for direct physical “loss” to automated external defibrillators (AEDs) at the premises described in the Declarations. The most we will pay for “loss” under this coverage is limited to $5,000 for any one occurrence, which is in addition to the Business Personal Property Limit stated in the Declarations. B. Claim Expenses Paragraph o. Claim Expenses is deleted in its entirety and replaced with the following: o. Claim Expenses Coverage is extended to cover all reasonable expenses your incur, excluding those for public adjusters and appraisers, to investigate a claim, record information, compile inventories, or obtain appraisals we require to comply with the loss conditions of this Coverage Part. We will not pay for expenses to prove that “loss” is covered. The most we will pay for “loss” under this Additional Coverage is $50,000 for any one “loss” to Covered Property caused by a Covered Cause of Loss. No deductible shall apply to this coverage. C. Emergency Vacating Expense 1. The coverage provided by this policy is extended to apply to the reasonable packing and transportation expenses that you incur in the emergency vacating of the premises of your facility described in the Declarations, provided that vacating is necessary due to an emergency situation resulting from a Covered Cause of Loss. 2. For the purpose of this Additional Coverage, emergency means imminent danger arising from an external event or a condition in the facility which would cause loss of life or harm to occupants. 3. We will not pay for any expenses under this Additional Coverage arising out of: a. A strike, bomb threat or false fire alarm, unless vacating is ordered by a civil authority; b. A planned vacating drill; or The vacating of one or more patients or residents that is due solely to their individual medical condition. PI-ULT-173 (02/15) Page 5 of 15 Includes copyrighted material of Insurance Services Office, Inc., with permission. ©2015 Philadelphia Consolidated Holding Corp. nt. 4. The most we will pay for emergency vacating expenses in any one occurrence under this Additional Coverage is $25,000. The deductible for emergency vacating expenses is $250 per occurrence. No other exclusions in your policy apply to this Additional Coverage. However, specific exclusionary endorsements attached to the policy supersede coverage provisions contained in this endorseme D. Green Consultant Expense Coverage In the event of a total “loss” to a covered “building” due to a covered cause of loss, and the “building” has been replaced and rebuilt as a LEED® (Leadership in Energy and Environmental Design) Certified Green Building, we will reimburse you up to $5,000 for the service of a consultant for the design of the structure. Prior to payment, construction of the replaced “building” must be completed and have a minimum of Silver Rating Level LEED® Green Building certification. E. Joint or Disputed Loss Agreement 1. This coverage is intended to facilitate payment of insurance proceeds when: a. Both a boiler and machinery policy and this commercial property policy are in effect; b. Damage occurs to Covered Property that is insured by the boiler and machinery policy and this commercial property policy; and c. There is disagreement between the insurers as to whether there is coverage or as to the amount of the “loss” to be paid, if any, by each insurer under its own policies. 2. This coverage does not apply if: a. Both the boiler and machinery insurer(s) and we do not admit to any liability; and b. Neither the boiler and machinery insurer(s) nor we contend that coverage applies under the other insurer's policy. 3. The provisions of this coverage apply only if all of the following requirements are met: a. The boiler and machinery policy carried by the named insured, insuring the Covered Property, contains a similar provision at the time of the “loss, with substantially the same requirements, procedures and conditions as contained in this endorsement; b. The damage to the Covered Property was caused by a “loss” for which: (1) Both the boiler and machinery insurer(s) and we admit to some liability for payment under the respective polic es; or (2) Either: (a) The boiler and machinery insurer(s) does not admit to any liability for payment, while we contend that: (i) All liability exists under the boiler and machinery policy; or PI-ULT-173 (02/15) Page 6 of 15 Includes copyrighted material of Insurance Services Office, Inc., with permission. ©2015 Philadelphia Consolidated Holding Corp. (ii) Some liability exists under both the boiler and machinery policy and this commercial property policy; (b) We do not admit to any liability for payment, while the boiler and machinery insurer(s) contends that: (i) All liability exists under this commercial property policy; or (ii) Some liability exists under both the boiler and machinery policy and this commercial property policy; or (c) Both the boiler and machinery insurer(s) and we: (i) Do not admit to any liability for payment; and (ii) Contend that some or all liability exists under the other insurer's policy; and c. The total amount of the “loss” is agreed to by you, the boiler and machinery insurer(s) and us. 4. If the requirements listed in Paragraph 3. above are satisfied, we and the boiler and machinery insurer(s) will make payments to the extent, and in the manner, described as follows: a. We will pay, after your written request, the entire amount of “loss” that we have agreed as being covered, if any, by this commercial property policy and one-half (1/2) the amount of the “loss” that is in disagreement. b. The boiler and machinery insurer(s) will pay, after your written request, the entire amount of “loss” that they have agreed as being covered, if any, by the boiler and machinery policy and one-half (1/2) the amount of “loss” that is in disagreement. c. Payments by the insurers of the amounts that are in disagreement, as described in Paragraphs a. and b. above, do not alter, waive or surrender any rights of any insurer against any other with regard to the portion of the “loss” for which each insurer is liable. d. The amount in disagreement to be paid by us under this endorsement shall not exceed the amount payable under the equivalent Loss Agreement(s) of the boiler and machinery policy. e. The amount to be paid under this endorsement shall not exceed the amount we would have paid had no boiler and machinery policy been in effect at the time of “loss.” In no event will we pay more than the applicable Limit of Insurance shown in the Declarations. f. Acceptance by you of sums paid under this endorsement does not alter, waive or surrender any other rights against us. 5. Arbitration a. If the circumstances described in Paragraph 3.b.(1) exist and the boiler and machinery insurer(s) and we agree to submit our differences to arbitration, the boiler and PI-ULT-173 (02/15) Page 7 of 15 Includes copyrighted material of Insurance Services Office, Inc., with permission. ©2015 Philadelphia Consolidated Holding Corp. machinery insurer(s) and we will determine the amount each will pay and will pay the insured within 90 days. Arbitration will then take place within 90 days after payment of the “loss” under the terms of this endorsement. b. If any of the circumstances described in Paragraph 3.b.(2) exist, then the boiler and machinery insurer(s) and we agree to submit our differences to arbitration within 90 days after payment of the “loss” under the terms of this endorsement. c. You agree to cooperate with any arbitration procedures. There will be three arbitrators: one will be appointed by us, and another will be appointed by the boiler and machinery insurer(s). The two arbitrators will select a third arbitrator. If they cannot agree, either may request that selection be made by a judge of a court having jurisdiction. A decision agreed to by two of the three arbitrators will be binding on both parties. Judgment on any award can be entered in any court that has jurisdiction. 6. Final Settlement Between Insurers The insurer(s) found responsible for the greater percentage of the ultimate “loss” must return the excess contribution to the other insurer(s). In addition, the insurer(s) found responsible for the greater portion of the “loss” must pay Liquidated Damages to the other insurer(s) on the amount of the excess contribution of the other insurer(s). Liquidated Damages are defined as interest from the date the insured invokes this Agreement to the date the insurer(s) that contributed the excess amount is reimbursed. The interest is calculated at 1.5 times the highest prime rate from the Money Rates column of the Wall Street Journal during the period of the Liquidated Damages. Arbitration expenses are not a part of the excess contribution for which liquidated damages are calculated. Arbitration expenses will be apportioned between insurers on the same basis that the ultimate “loss” is apportioned. F. Lease Cancellation Moving Expenses We will reimburse you for any moving expenses necessitated by your need to relocate due to the cancellation of the lease at your premises listed in the Declarations. The lease cancellation must occur as a result of a Covered Cause of Loss. The limit for this Additional Coverage will be $5,000 for all insureds combined. No deductible applies to this coverage. V. Coverage Extensions The following are added to or are amended under the PROPERTY COVERAGE FORM, Section A. Coverage, 5. Coverage Extensions: A. Business Income and Extra Expense This Coverage Extension applies only to the extent that separate coverage for Business Income or Business Income with Extra Expense has not been purchased at the described premises, and that neither the BUSINESS INCOME COVERAGE FORM nor the BUSINESS INCOME WITH EXTRA EXPENSE COVERAGE FORM applies to the described premises. This provision supersedes anything to the contrary. 1. Coverage is extended to include the actual “loss” of Business Income you sustain due to the necessary suspension of your “operations” during the period of restoration, and necessary Extra Expense you incur when your covered “building” or business personal PI-ULT-173 (02/15) Page 8 of 15 Includes copyrighted material of Insurance Services Office, Inc., with permission. ©2015 Philadelphia Consolidated Holding Corp. property listed in the Declarations is damaged by a Covered Cause of Loss. We pay any Extra Expense you incur: a. To continue your normal “operations” at the described premises; or b. To continue your normal “operations” at replacement premises or temporary locations; including: (1) Relocation expenses; and (2) The costs to equip or operate the replacement premises or temporary locations; or c. To minimize the suspension of your normal “operations” if you cannot continue them. This coverage also applies to your mobile shredding operations and your mobile medical units. 2. Civil Authority We will pay for the actual “loss” of Business Income you sustain, and necessary Extra Expense you incur that is caused by action of civil authority that prohibits access to the described premises due to direct physical “loss” of or damage to property, other than at the described premises, caused by or resulting from any Covered Cause of Loss. The coverage for Business Income will begin 72 hours after the time of that action and will apply for a period of up to four consecutive weeks after coverage begins. The coverage for Extra Expense will begin immediately after the time of that action and will end: a. Four consecutive weeks after the time of that action; or b. When your Business Income coverage ends; whichever comes first. 3. Contingent Business Property We will pay for the actual “loss” of Business Income you sustain, and necessary Extra Expense you incur when Contingent Business Property is damaged by a Covered Cause of Loss. We will reduce the amount of your Business Income “loss,” other than Extra Expense, to the extent you can resume “operations,” in whole or in part, by using any other available: a. Source of materials; or b. Outlet for your products. The most we will pay under these sections A. 1., 2., and 3. combined is $300,000 for any one occurrence. 4. The following, when used in this section, are defined as follows: a. Business Income means Net Income (net profit or loss before income taxes) that would have been earned or incurred during the period of restoration and continuing normal operating expenses including payroll. PI-ULT-173 (02/15) Page 9 of 15 Includes copyrighted material of Insurance Services Office, Inc., with permission. ©2015 Philadelphia Consolidated Holding Corp. b. Extra Expense means necessary expenses you incur during the period of restoration that you would not have incurred if there had been no direct physical “loss” to property caused by or resulting from a Covered Cause of Loss. c. Contingent Business Property means property operated by others whom you depend on to: (1) Deliver materials or services to you or to others for your account (Contributing Locations); (2) Accept your products or services (Recipient Locations); (3) Manufacture products for delivery to your customers under contract of sale (Manufacturing Locations); or (4) Attract customers to your business (Leader Locations). d. Period of restoration means the period of time that: (1) Begins with the date of physical “loss” caused by or resulting from any Covered Cause of Loss; and (2) Ends on the date when the property should be repaired, rebuilt or replaced with reasonable speed and similar quality. Period of restoration does not include any increased period required due to the enforcement of any ordinance or law that: (a) Regulates the construction, use or repair, or requires the tearing down of any property; or (b) 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. e. Suspension means: (1) The slowdown or cessation of your business activities; or (2) That a part or all of the described premises is rendered un-tenantable. B. Damage to Property of Home Care Providers Coverage is extended to apply to direct physical “loss” to property owned by, or in the care, custody or control of a home care provider caused by a patient placed by you or an appropriate governmental agency on your behalf, in the care of the home care provider or employees of the insured. This Coverage Extension also applies to vehicles and self-propelled machines and outdoor trees, shrubs and plants owned by, or in the care, custody or control of the home care provider or employees of the insured. For the purpose of this extension, home care provider means a foster parent (or parents) paid or unpaid by you or an appropriate governmental agency on your behalf, to care for one or PI-ULT-173 (02/15) Page 10 of 15 Includes copyrighted material of Insurance Services Office, Inc., with permission. ©2015 Philadelphia Consolidated Holding Corp. ft. more patients on a continuous basis away from your premises. The most we will pay for “loss” under this Coverage Extension is $50,000 in any one occurrence. C. Excavations, Landscaping and Other Outdoor Property Paragraph f. Excavations and Landscaping is deleted in its entirety and replaced with the following: f. Excavations, Landscaping and Other Outdoor Property We will pay for: (1) Your reasonable costs for excavations, grading, filling or backfilling at a described premises made necessary direct physical “loss” to Covered Property caused by or resulting from any of the Covered Causes of Loss; and (2) Direct physical “loss” to the following property if located within 1600 feet of the premises described in the Declarations netting, outdoor lighting, court surfaces, trees, shrubs, plants, lawns, and playground equipment, including the cost of debris removal, caused by or resulting from any of the following Causes of Loss: (a) Fire; (b) Lightning; (c) Explosion; (d) Riot or civil commotion; (e) Aircraft or vehicles; (f) Vandalism and malicious mischief; or (g) The The most we will pay for “loss” under this Coverage Extension is $50,000. The most we will pay for any one tree, shrub, plant or acre of lawn, including the cost of debris removal, is $1,000. D. Fire Extinguisher Recharge (Portable Extinguishers) Coverage is extended to cover expenses you incur to recharge portable fire extinguishers if discharged to fight a fire or due to a mechanical malfunction. The most we will pay for “loss” under this Coverage Extension is $25,000. apply to this coverage. No deductible shall E. Lost Key Replacement Paragraph k. Lost Key Replacement is amended as follows: The most we will pay under this Coverage Extension is increased from $2,500 to $10,000. PI-ULT-173 (02/15) Page 11 of 15 Includes copyrighted material of Insurance Services Office, Inc., with permission. ©2015 Philadelphia Consolidated Holding Corp. F. Mobile Medical Equipment You may extend the insurance provided by this Coverage Form to apply to your mobile medical equipment, including equipment which you rent. The most we will pay for “loss” under this Coverage Extension is $15,000. G. New Construction Paragraph b. New Construction, (2) is deleted in its entirety and replaced with the following: This Additional Coverage will end when any of the following first occurs: (2) 180 days expire after construction begins; or H. Ordinance or Law Paragraph j. Ordinance or Law is amended as follows: 1. The most we will pay for demolition costs under Item j.(2) is increased from $250,000 to $500,000. 2. The most we will pay for increased cost of construction under Item j.(3) is increased from $250,000 to $500,000. I. Personal Effects Paragraph c. Personal Effects, Item (3) is deleted in its entirety and replaced with the following: (3) We will pay for direct physical “loss” to personal effects owned by you, your officers, your partners, your employees or your volunteers caused by or resulting from any of the Covered Causes of Loss at a described premises. The most we will pay for such “loss” is $50,000 at any one described premises. J. Money and Securities of Your Residents or Clients Coverage is extended to apply to direct physical “loss” to the “money” and “securities” of your residents or clients, in your care, custody or control while at a described premises. The most we will pay under this Coverage Extension is $5,000 in any one occurrence, but we will not pay more than $500 for “loss” to the “money” and “securities” of any one resident or client. A deductible of $250 per occurrence applies. The value of your residents’ or clients’ “money” and “securities” will be calculated as the smaller of the following: 1. The cost to replace the “money” or “securities” at the time of “loss”; or 2. The actual cash value of the “money” or “securities” at the time of “loss.” However, at your option, the cost of replacing “securities” may be calculated using the market value of the securities at the time the claim is settled. PI-ULT-173 (02/15) Page 12 of 15 Includes copyrighted material of Insurance Services Office, Inc., with permission. ©2015 Philadelphia Consolidated Holding Corp. 1. K. Residential Room Reserve Coverage is extended to apply to actual net loss of income that you incur resulting from holding a resident’s room when the resident has been temporarily hospitalized due to an accident or illness. Coverage begins three (3) days after the funding for the resident’s room has been suspended. The most we will pay under this Coverage Extension is $5,000 in any one occurrence. The most we will pay for all “losses” under this Coverage Extension is $100,000 in any one policy period. L. Reward Reimbursement We will pay a reward for information that leads to a criminal conviction in connection with “loss” to Covered Property by a Covered Cause of Loss; provided that the reward is pre- approved by us. The most we will pay for “loss” under this Coverage Extension is $50,000 regardless of the number of persons who provide information. No deductible shall apply to this coverage. This extension does not include arson reward, as arson reward is included in Section 4. Additional Coverages of the PROPERTY COVERAGE FORM. M. Spoilage If this policy covers Your Business Personal Property, we will pay for direct physical “loss” to: a. Your perishable Business Personal Property; and b. The perishable personal property of your residents or clients, while at or within 1600 feet of the described premises caused by spoilage due to changes in temperature or humidity resulting from: (1) Complete or partial interruption of electrical power to the described premises, due to conditions beyond your control; or (2) Mechanical breakdown or failure of heating, cooling or humidity control apparatus or equipment, only while such equipment or apparatus is at the described premises. 2. We will not pay for “loss” caused by or resulting from: a. The disconnection of any refrigerating, cooling or humidity control system from the source of power; b. The deactivation of electrical power caused by the manipulation of any switch or other device used to control the flow of electrical power or current; c. The inability of an electrical utility company or other power source to provide sufficient power due to: PI-ULT-173 (02/15) Page 13 of 15 Includes copyrighted material of Insurance Services Office, Inc., with permission. ©2015 Philadelphia Consolidated Holding Corp. (1) Lack of fuel; or (2) Governmental order; d. The inability of a power source at the described premises to provide sufficient power due to lack of generating capacity to meet demand; or e. Breaking of any glass that is a permanent part of any refrigerating, cooling or humidity control unit. 3. The most we will pay for “loss” in any one occurrence is $50,000. VI. Loss Conditions In the PROPERTY COVERAGE FORM, Section E. Loss Conditions, 6. Vacancy is amended to increase the time from 60 consecutive days to 90 consecutive days. VII. Exclusion Amendments In the CAUSES OF LOSS FORM, Section B. Exclusions, is amended as follows: A. Subparagraph 1. b. Earth Movement is amended to include: (4) If Earth Movement described in b.(1) through (3) above, results in sprinkler leakage, we will pay up to $30,000 per occurrence for “loss” by that sprinkler leakage at all locations combined. B. Subparagraph 1.g. Flood is amended to include the following provision: This exclusion does not apply to the extent that coverage is provided in Section IX. Additional Coverage – Water, below. C. Subparagraph 2. d. (7) is deleted in its entirety. VIII. Limitations In the CAUSES OF LOSS FORM, Section C. Limitations is amended as follows: 2. a. The limit for furs, fur garments and garments trimmed with fur is increased from $2,500 to $10,000. 2. b. The limit for jewelry, watches, watch movements, jewels, pearls, precious and semi- precious stones, bullion, gold, silver, platinum and other precious alloys or metals is increased from $2,500 to $25,000. This Limit of Insurance does not apply to jewelry and watches worth $100 or less per item. IX. Additional Coverage – Water In the CAUSES OF LOSS FORM, the following Additional Coverage is included: Additional Coverage – Water is added: Water is included as a Covered Cause of Loss; however, we will not pay more than $30,000 in any one occurrence. PI-ULT-173 (02/15) Page 14 of 15 Includes copyrighted material of Insurance Services Office, Inc., with permission. ©2015 Philadelphia Consolidated Holding Corp. 1. For the purpose of this Additional Coverage, water means “flood.” 2. This extension applies to all “loss” combined, including but not limited to “building,” business personal property, personal property of others, business income and extra expense, and debris removal, subject to the $30,000 per occurrence limit shown above. 3. This extension does not apply to: a. Roof drainage systems, gutters, or downspouts; b. Utility Services – Direct Damage; or c. Utility Service Interruption (if coverage is applicable). X. Additional Coverage Extensions In the CAUSES OF LOSS FORM, Section E. Additional Coverage Extensions 2. Utility Services – Direct Damage is amended as follows: The most we will pay under this Coverage Extension for the sum of all occurrences at all premises during each separate 12 month period of this policy is increased from $10,000 to $50,000. XI. Business Income and Extra Expense Additional Coverages The following Additional Coverages apply only if: Either the BUSINESS INCOME COVERAGE FORM or the BUSINESS INCOME WITH EXTRA EXPENSE COVERAGE FORM is attached to your policy for a described premises; and A limit of insurance for Business Income or Business Income with Extra Expense is shown in the Declarations for that described premises. The applicable form is amended as follows: A. Extended Business Income Section A. COVERAGE, 4. Additional Coverages, Paragraph d. Extended Business Income is amended as follows: 1. Subparagraph (1)(b)(ii) is amended to increase the time from 60 consecutive days to 180 consecutive days. 2. Subparagraph (2)(b)(ii) is amended to increase the time from 60 consecutive days to 180 consecutive days. B. Utility Service Interruption 1. We will pay for the actual “loss” of Business Income you sustain at the premises described in the Declarations, caused by an interruption in utility service to such premises. The interruption in utility service must result from direct physical “loss” by a Covered Cause of Loss to the utility services property described below, not on a premises described in the Declarations. PI-ULT-173 (02/15) Page 15 of 15 Includes copyrighted material of Insurance Services Office, Inc., with permission. ©2015 Philadelphia Consolidated Holding Corp. 2. Utility S rvices a. Water Supply Services means the following types of property supplying water to the des ribed premises: (1) Pumping stations; and (2) Water mains. b. Communication Supply Services means property supplying communication services, including telephone, radio, microwave or television services, to the described premises, such as: (1) Underground co munication transmission lines, including underground optic fiber transmission lines; (2) Coaxial cables; and (3) Microwave radio relays except satellites. Communication Supply Services does not include overhead transmission, distribution, or communication lines. c. Power Supply Services means the following types of property supplying electricity, steam, or gas to the described premises: (1) Utility generating plants; (2) Switching stations; (3) Substations; (4) Transformers; and (5) Underground transmission lines. Power Supply Services does not include overhead transmission, distribution, or power lines. 3. We will only pay for “loss” you sustain after the first twelve (12) hours following loss of service caused by the direct physical “loss” to the utility services property described above and ends when utility services are restored. 4. This Additional Coverage does not apply to direct physical “loss” to Covered Property. 5. This Additional Coverage is included within and is not in addition to the applicable Business Income limit of insurance. PI-ULT-238 (01/19) PI-ULT-238 (01/19) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTINUOUS OR REPEATED WATER DAMAGE EXCLUSION This endorsement modifies insurance provided under the following: ULTIMATE COVER PROPERTY COVERAGE PART We will not pay for “loss”, damage, or other claim caused in whole or in part, by or resulting from: a. continuous or repeated exposure, seepage, leakage or inundation of water; or b. the presence or condensation of humidity, moisture or vapor; that occurs or is present over a period of 30 days or more. Such “loss”, damage or other claim is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the “loss”, damage or other claim. PI-ULT-257 (03/22) PI-ULT-257 (03/22) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLOOD REDEFINED This endorsement modifies insurance provided under the following: CAUSES OF LOSS FORM A. Section F. Definitions, 3. “Flood” is deleted in its entirety and replaced with the following: ”Flood” means: 1. Flood, surface water, waves, tides, tidal waves, overflow of any body of water, or their spray, all whether driven by wind or not; 2. Mudslide or mudflow; 3. Water that backs up or overflows or is otherwise discharged from a sewer, drain, sump, sump pump or related equipment caused in whole or in part by flood as redefined in this endorsement, regardless of how the water enters the building, including but not limited to water that backs up from a sewer or drain away from your premises; 4. Water under the ground surface pressing on, or flowing or seeping through: a. Foundations, walls, floors or paved surfaces; b. Basements, whether paved or not; or c. Doors, windows or other openings; or 5. Waterborne material carried or otherwise moved by any of the water referred to in Paragraph 1., 3., or 4., or material carried or otherwise moved by mudslide or mudflow; Whether natural or man-made. PI-CYBE-001 (12/15) @2015 Philadelphia Consolidated Holding Corp. Page 1 of 16 PI-CYBE-001 (12/15) CYBER SECURITY LIABILITY ENDORSEMENT CLAIM EXPENSES ARE INCLUDED WITHIN THE APPLICABLE LIMIT OF INSURANCE SHOWN ON THE SCHEDULE ANY CLAIM EXPENSES PAID UNDER THIS COVERAGE FORM WILL REDUCE THE APPLICABLE LIMITS OF INSURANCE AND MAY EXHAUST THEM COMPLETELY. THE COVERAGE PROVIDED BY THIS ENDORSEMENT REQUIRES THE INSURED TO REPORT THE EVENT OR CLAIM TO US DURING THE SPECIFIED PERIOD. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY. In consideration of the payment of the premium and in reliance upon all statements and information furnished to us including all statements made in the application, its attachments and the material incorporated therein, which are incorporated herein and deemed to be a part of this policy, we agree as follows: SCHEDULE INSURING AGREEMENTS A. Security Event Costs $ 25,000 Each Security Event B. Network Security and Privacy Liability Coverage $ 25,000 Each Claim C. Employee Privacy Liability Coverage $ 25,000 Each Claim D. Customer Notification Expenses Sublimit $ 15,000 Each Security Event E. Public Relations Expenses Sublimit $ 15,000 Each Security Event CYBER SECURITY ENDORSEMENT AGGREGATE LIMIT OF INSURANCE $ 25,000 All Loss THIS ENDORSEMENT IS SUBJECT TO THE AGGREGATE LIMIT SHOWN IN THE DECLARATIONS OF THE FOLLOWING COVERAGE PART: COVERAGE PART: General Liability AGGREGATE LIMIT: $ 3,000,000 I. Deductibles (applicable only to the following) INSURING AGREEMENTS DEDUCTIBLE A. Security Event Costs $ 1,000 Each Security Event B. Network Security and Privacy Liability Coverage $ 1,000 Each Claim C. Employee Privacy Liability Coverage $ 1,000 Each Claim PI-CYBE-001 (12/15) @2015 Philadelphia Consolidated Holding Corp. Page 2 of 16 PI-CYBE-001 (12/15) II. Continuity and Retroactive Dates INSURING AGREEMENTS CONTINUITY DATE RETROACTIVE DATE A. Security Event Costs N/A 06/01/2018 B. Network Security and Privacy Liability Coverage 06/01/2018 06/01/2018 C. Employee Privacy Liability Coverage 06/01/2018 06/01/2018 Unless otherwise stated, the terms and conditions of this endorsement apply only to the coverage provided by this endorsement. Throughout this endorsement the words "you" and "your" refer to the Named Insured. The words "we," "us" and "our" refer to the company providing this insurance. Other words and phrases that appear in bold face type have a special meaning found in Section III. DEFINITIONS. Various provisions in this endorsement restrict coverage. Read the entire endorsement carefully to determine your rights, duties and what is and is not covered. We will provide coverage only for those insuring agreements for which a premium has been paid as indicated in the SCHEDULE to this endorsement. Our obligation to provide coverage ends when the applicable limit of insurance has been paid. I. INSURING AGREEMENTS A. Security Event Costs We will reimburse you for security event costs incurred that are the direct result of a security breach, privacy breach, or breach of privacy regulations if: 1. the breach first happens after the applicable retroactive date; 2. the breach is first discovered by a knowledgeable person during the policy period and reported to us as soon as practicable but no later than 60 days after the end of the policy period; and 3. the breach involves a violation of a statute, rule, or regulation or your failure to provide required notice to affected individuals pursuant to a consent decree, judgment or settlement entered into with our prior written consent. PI-CYBE-001 (12/15) @2015 Philadelphia Consolidated Holding Corp. Page 3 of 16 PI-CYBE-001 (12/15) B. Network Security and Privacy Liability Coverage We will pay damages you are legally obligated to pay and claim expenses incurred as a result of a security breach or privacy breach if: 1. the breach first happens after the applicable retroactive date; 2. the claim resulting from the breach is first made during the policy period and reported to us within 60 days after the end of the policy period. C. Employee Privacy Liability Coverage We will pay damages you are legally obligated to pay and claim expenses incurred as a result of injury to your employee caused by a privacy breach or the breach of privacy regulations if: 1. the breach first happens after the applicable retroactive date; and 2. the claim resulting from the breach is first made during the policy period and reported to us within 60 days after the end of the policy period. II. INVESTIGATION, DEFENSE AND SETTLEMENT . A. Our Right to Investigate, Defend and Settle 1. We have the right to retain counsel to investigate and respond to a security breach, privacy breach, or breach of privacy regulations covered by this endorsement. 2. We have the right and duty to retain counsel to defend a claim or suit seeking to recover damages covered by this endorsement. If we are prohibited by applicable law from exercising our right to defend we will pay reasonable and necessary legal fees. 3. We have no duty to retain counsel, defend or pay any loss after the applicable limit of liability has been paid. III. DEFINITIONS The following definitions apply to the singular and plural forms of the words or terms: PI-CYBE-001 (12/15) @2015 Philadelphia Consolidated Holding Corp. Page 4 of 16 PI-CYBE-001 (12/15) A. Act of terrorism means any violent act or an act that is dangerous to human life, property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion. B. Adverse media report means a broadcast or publication to the general public of a newsworthy event. C. Bodily injury means physical injury, sickness, disease, disability, mental anguish, mental injury or emotional distress sustained by a person, including death resulting therefrom at any time. D. Claim means a written demand received by you for damages or non-monetary relief, including the service of suit, an arbitration demand, an investigation or proceeding brought by a State’s Attorney General or an enforcement action brought by the Federal Trade Commission to protect the privacy rights of consumers that results from a security breach, privacy breach, or breach of privacy regulations. E. Claim expenses mean: 1. Reasonable and necessary legal fees; 2. expenses incurred in the investigation, adjustment, defense, resolution or appeal of a claim or circumstances a knowledgeable person reasonably believes are likely to result in a claim; and 3. the premium required to post a bond to appeal a judgment that is within the applicable limit of liability. F. Computer hardware means the physical components of any computer system including CPU’s, memory storage devices, storage media, and input/output devices and other peripheral devices and components including but not limited to cable, connectors, fiber optics, networking equipment, electronic data storage devices, input and output devices, backup facilities, wire, power supply units, keyboards, display monitors and audio speakers. G. Computer program(s) means an organized set of instructions that, when executed, causes a computer to behave in a predetermined manner. Computer program(s) include but are not limited to communications, networking, operating system, and internet hosting applications, data processing and related computer programs used to create, maintain, modify, process, retrieve, store, and/or transmit electronic data. PI-CYBE-001 (12/15) @2015 Philadelphia Consolidated Holding Corp. Page 5 of 16 PI-CYBE-001 (12/15) H. Computer system means an electronic, wireless, web or similar systems (including all computer hardware, computer programs and electronic data) used to process data or information in an analog, digital, electronic or wireless format, including but not limited to, associated input and output devices, data storage devices, networking equipment, wired or wireless peripherals, electronic backup facilities, and media libraries, that is owned or leased, operated and controlled by you or operated by an authorized independent contractor. I. Continuity date means the dates set forth as such in the SCHEDULE applicable to the relevant insuring agreement. J. Corporate Information breach means public disclosure of an organization’s non-public information that: 1. is in your care, custody or control; and 2. was provided to you under a written confidentiality/non-disclosure agreement. K. Credit protection services means free credit report, identity theft protection services, credit monitoring services, credit freezes or fraud alerts provided to the affected individuals as appropriate. We will pay only pay for the reasonable and necessary costs and expenses incurred in providing Credit protection services to an affected individual for a period of twelve (12) months beginning on the date of your discovery of the security breach or privacy breach, unless a longer period is required by a statute, rule, regulation, or agreement entered into with our prior written consent. L. Customer notification expenses means expenses you are obligated to incur to comply with state or federal privacy legislation mandating notification in the event of the actual or suspected unauthorized access by a third party to non-public personal, financial or medical information of an individual. Customer notification expenses include postage and other expenses you incur to provide the required notification but do not include public relations expenses or amounts paid to a consultant or for vendor services. M. Damages means a monetary judgment, award, or settlement, including punitive damages or exemplary damages where not prohibited by any potentially applicable law. Damages does not mean: 1. multiplied damage awards, fines, taxes, sanctions, statutory penalties, or attorneys fees whether imposed by law, court or otherwise. PI-CYBE-001 (12/15) @2015 Philadelphia Consolidated Holding Corp. Page 6 of 16 PI-CYBE-001 (12/15) 2. future profits, restitution, or disgorgement of profits or lost income; or the cost to comply with orders granting injunctive relief, including specific performance, or any agreement to provide such relief; 3. Return, reduction, loss, restitution or offset of fees, charges, royalties, lost profits or commissions for goods or services already provided or contracted to be provided; 4. Liquidated damages, fines or penalties owed under the terms of a contract, judgment, consent decree or settlement; 5. Any amount that may be deemed uninsurable under the law pursuant to which this policy may be construed; 6. Costs or expenses incurred to comply with injunctive, non-monetary or declaratory relief including specific performance or any agreement to provide such relief; 7. Costs or expenses incurred to convert, re-perform or complete any work; or 8. Discounts, coupons, refunds or other incentives offered to your customers or clients. N. Denial of service means unauthorized or unexpected interference or malicious attack by any person(s) or entity(ies) that restricts or prevents access to a computer system by persons or entities authorized to gain access to the computer system or digital assets. O. Digital assets mean electronic data and computer programs that exist in a computer system. Digital assets do not include computer hardware. P. Electronic data means machine-readable information that exists in a computer system, including but not limited to your business information and customer information, other than computer programs. Q. Electronic media means floppy disks, CD ROM’s, hard drives, magnetic tapes, magnetic discs, or any other media on which electronic data is recorded or stored. R. Employee(s) means any individual in your service, including any part-time, seasonal, and temporary employee, who is compensated by salary, wages, fees or commissions and whom you have the right to direct and control, but excluding any of your partners, officers or directors. Employee(s) also include leased workers and independent contractors while acting on your behalf who you have agreed to indemnify in a written contract. Employee(s) also includes volunteers and un-paid interns in your service while performing duties equivalent to those of an employee, who have signed your privacy policy. PI-CYBE-001 (12/15) @2015 Philadelphia Consolidated Holding Corp. Page 7 of 16 PI-CYBE-001 (12/15) S. Endorsement aggregate limit means the ENDORSEMENT AGGREGATE LIMIT OF INSURANCE for this policy set forth in the SCHEDULE. T. Insured means the Named Insured and a Director or Officer of a Named Insured for liability that results from his or her performance of the duties owed to the Named Insured. U. Knowledgeable person means your Managing Partner, President, Executive Director, Chairman, Chief Information Officer, Chief Technology Officer, Chief Security Officer, Risk Manager, General Counsel or a person holding a similar position. V. Knowingly wrongful conduct means dishonest, fraudulent, criminal or malicious act, error or omission, or any intentional or knowing violation of the law, or gaining of any profit or advantage to which an insured is not legally entitled; W. Loss means all amounts we are obligated to pay under this endorsement and includes claim expenses. Loss does not mean and we have no duty to pay or reimburse you for: 1. Restoring, updating or replacing digital assets; 2. Physical damage to the computer hardware or data center 3. Contractual penalties, liquidated or consequential damages, except those penalties or damages that the insured would be liable for in the absence of a contract or agreement; 4. Economic or market value of digital assets; or 5. Costs or expenses incurred to repair, restore, remediate, replace, reprogram, redesign, reconfigure, maintain, identify, patch, remove, or eradicate software program errors or computer system vulnerabilities; or to restore the computer system. X. Malicious code means unauthorized and corrupting or harmful computer code, including not limited to computer viruses, spy ware, Trojan horses, worms, logic bombs, and mutations of any of the preceding. Y. Named Insured means the entity or entities identified in Item One of the Declarations to this Policy or in this endorsement as a Named Insured. Z. Non-monetary relief means a written demand for non-economic redress of an injury. PI-CYBE-001 (12/15) @2015 Philadelphia Consolidated Holding Corp. Page 8 of 16 PI-CYBE-001 (12/15) AA. Newsworthy event means an actual or potential privacy breach, security breach, or violation of privacy regulations that has or is reasonably likely to be publicized to the general public through a media outlet. BB. Personally identifiable information means any individual’s name in combination with any one or more of the following, whether in electronic or paper format: 1. Social security number; 2. Driver’s license number or any other state identification number; 3. Non-public medical or healthcare data including protected health information; 4. Any account number, or credit or debit card number in combination with any required password, access or other security code that would permit access to the financial account; 5. Non-public personal information as defined in any privacy regulation; or 6. An animal’s name in combination with veterinary records or details of services deemed confidential under applicable law. CC. Endorsement aggregate limit means the ENDORSEMENT AGGREGATE LIMIT OF INSURANCE for this policy set forth in the SCHEDULE. DD. Policy period means the period of time from the effective date to the expiration date specified in the Declarations of the policy to which this endorsement is attached EE. Pollutants mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. FF. Privacy breach means a common law or statutory breach of confidence or violation of any common law or statutory rights to privacy, including but not limited to breach of your privacy policy, breach of a person’s right of publicity, false light, intrusion upon a person’s seclusion, or public disclosure of a person’s or animal’s private information. Privacy breach will also include a corporate information breach. GG. Privacy policy means your policies in written or electronic form that govern the collection, dissemination, confidentiality, integrity, accuracy or availability of personally identifiable information provided to your employees or third parties. PI-CYBE-001 (12/15) @2015 Philadelphia Consolidated Holding Corp. Page 9 of 16 PI-CYBE-001 (12/15) HH. Privacy regulations mean statutes and regulations designed and intended to protect the confidentiality and use of personally identifiable information including: 1. Health Insurance Portability and Accountability Act of 1996 (“HIPAA”); 2. Gramm-Leach-Bliley Act of 1999 (“G-L-B”); 3. Privacy protection laws enacted by state governments, like the California Database Protection Act of 2003, to control access to and the use of personally identifiable information; 5. Privacy provisions of consumer protection laws, such as the Federal Fair Credit Reporting Act (“FCRA”) and the California Consumer Credit Reporting Agencies Act (“CCCRAA”); 6. Children’s Online Privacy Protection Act; 7. EU Data Protection Act; and 8. Any alleged violation of law regarding the confidentiality of animal records II. Professional services means those acts or services requiring specialized knowledge, skill or professional judgment, which you render, or for which any person or entity renders on your behalf, to others pursuant to a written agreement and for a fee or other consideration. Professional services do not include an insured’s obligation to maintain the confidentiality of personally identifiable information. JJ. Property damage means physical injury to tangible property, including all resulting loss of use of such property or loss of use of tangible property that is not physically injured. KK. Public relations expenses, means the reasonable and necessary expenses you incur to re-establish your reputation or public image that was damaged as a direct result of security breach, privacy breach, or breach of a privacy regulation. Public relations expenses do not include customer notification expenses. LL. Reasonable and necessary legal fees means amounts incurred to obtain required legal services for rates that are no higher than the rates we would pay to qualified counsel in the region where the breach occurred or the claim is pending. PI-CYBE-001 (12/15) @2015 Philadelphia Consolidated Holding Corp. Page 10 of 16 PI-CYBE-001 (12/15) MM. Related claims means claims that arise out of a security breach, privacy breach, or breach of privacy regulation that share any causal connection. NN. Retroactive date means those dates as set forth in the SCHEDULE OO. Security breach means: 1. Unauthorized access of your computer system or unauthorized use of computer systems including unauthorized access or unauthorized use resulting from the theft of a password from your computer system; 2. A denial of service attack against your computer systems; or 3. Infection of your computer systems by malicious code or transmission of malicious code from your computer systems. A series of continuing security breaches, related or repeated security breaches, or multiple security breaches resulting from a failure(s) of computer security, shall be considered a single security breach and be deemed to have occurred at the time of the first such security breach. PP. Security event costs means: 1. Reasonable and necessary legal fees; 2. Reasonable and necessary costs and expenses you incur in providing the notification required by statutes, rule or regulations, or which you incur to comply with the terms of a judgment, consent decree, settlement, or other legal obligation, including a regulatory fine or penalty where required by law; 3. Computer forensic costs of outside experts retained to determine the scope, cause, or extent of any theft or unauthorized disclosure of information, but such expenses do not include amounts paid to or incurred by an insured or employees; 4. Amounts paid to obtain credit protection services for individuals affected by the security breach; 5. Expenses incurred to mitigate harm to your brand or reputation following an adverse media report; 6. Customer notification expenses, but only if an amount is shown in the SCHEDULE for the Customer Notification Expenses Aggregate Sublimit; and 7. Public relations expenses, but only if an amount is shown in the SCHEDULE for Public Relations Expenses Aggregate Sublimit PI-CYBE-001 (12/15) @2015 Philadelphia Consolidated Holding Corp. Page 11 of 16 PI-CYBE-001 (12/15) QQ. Unauthorized access means the gaining of access to a computer system by an unauthorized person or persons. RR. Unauthorized use means the use of a computer system by an unauthorized person or persons or an authorized person in an unauthorized manner. IV. EXCLUSIONS This endorsement does not provide coverage for any Loss arising out of or attributable, directly or indirectly, to: A. Any failure, outages, or disruption of power, utility services, satellites, or telecommunications external services not under your direct operational control, including electrical disturbances, surge, brownout, or blackout; B. Any seizure, destruction or damage to, or loss of use of, the computer system or electronic data arising out of any action of a governmental authority, including any delay caused by the restrictions or requirements imposed by any governmental authority; C. Fire, smoke, explosion, lightning, wind, flood, earthquake, volcanic eruption, tidal wave, landslide, hail, act of God, or any other physical event or peril, unless explicitly covered under this policy; D. Failure to ensure that the computer system is reasonably protected by security practices and systems maintenance procedures; E. Any loss, circumstance, act, error, or omission committed prior to the inception date, if on or before the inception date of this policy a knowledgeable person knew or could reasonably have foreseen such circumstance, act, error, or omission may be the basis of any loss under the Insuring Agreements or covered cause of loss; F. Any loss or circumstance you previously provided notification of to a prior insurer; G. Any act of terrorism, strike or similar labor action, war, invasion, act of foreign enemy, hostilities or warlike operations (whether declared or not), civil war, mutiny, civil commotion assuming the proportions of or amounting to a popular rising, military rising, insurrection, rebellion, revolution, military or usurped power, or any action taken to hinder, defend, control, prevent or suppress any of the foregoing; H. Any discharge, dispersal, release or escape of any solid, liquid, gaseous, biological, radiological or thermal irritant or contaminant, including smoke, vapor, dust, PI-CYBE-001 (12/15) @2015 Philadelphia Consolidated Holding Corp. Page 12 of 16 PI-CYBE-001 (12/15) fibers, spores, fungi, germs, soot, fumes, asbestos, acids, alkalis, chemicals and waste (including but not limited to, materials to be recycled, reconditioned or reclaimed and nuclear materials) into or upon land, the atmosphere or any water- course or body of water or any cost or expense arising out of any direction, request or voluntary action to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize any pollutants; I. Ordinary wear and tear or gradual deterioration of the computer system or digital assets; J. Any actual or alleged bodily injury; provided, however, that this exclusion shall not apply to mental injury, mental anguish or emotional distress with respect to any otherwise covered claim under Insuring Agreements B. Network Security and Privacy Liability Coverage or C. Employee Privacy Liability Coverage; K. Infringement, misappropriation or violation of any patent, copyright, trademark, service mark, trade dress, trade name, or other intellectual property right; L. Any employment practices or discrimination against or harassment of any person or entity on any basis, including but not limited to: race, creed, color, religion, ethnic background, national origin, age, handicap, disability, gender, marital status, sexual orientation or pregnancy; M. The rendering of or failure to render professional services; N. Any knowingly wrongful conduct on the part of an insured, however, we will pay claim expenses incurred before a determination is made that the wrongful conduct occurred as evidenced by a finding of fact, judgment, admission, plea of nolo contendere or no contest; O. Any guarantee, representation or promise you make relating to contract price, costs, cost savings, return on investment or profitability, including your failure to meet cost guarantees, representations or contract price; P. Any contractual liability or obligation or any breach of any contract, including any liability of others assumed by you, unless such liability would have attached to you even in the absence of such contract; Q. Any failure to effect or maintain any insurance or bond; R. Any violation of the Securities Exchange Act of 1933 as amended, the Securities Exchange Act of 1934 as amended, any state Blue Sky or Securities Law or rules, regulations or amendments issued in relation to such acts, or any similar state, federal or foreign statutes or regulations; S. Any claim brought by, on behalf of, or at the behest of, or for the benefit of any insured; PI-CYBE-001 (12/15) @2015 Philadelphia Consolidated Holding Corp. Page 13 of 16 PI-CYBE-001 (12/15) T. Any pending or prior litigation as of the continuity date of this endorsement as well as all future claims or litigation based on the prior litigation derived from the same or essentially the same facts (actual or alleged) that gave rise to the prior or pending litigation; U. Any act committed prior to the policy period and subsequent to the retroactive date for which you gave notice under any prior insurance policy or which any knowledgeable person had any basis to believe might reasonably be expected to give rise to a claim under this endorsement; V. Any unsolicited electronic dissemination of faxes, emails, or other communications to multiple actual or prospective customers by you or any other third party, including actual or alleged violations of: 1. The Telephone Consumer Protection Act (TCPA) as amended; 2. The CAN-SPAM Act of 2003 as amended; or 3. Any other federal, state or foreign anti-spam or telemarketing statute; W. Any express warranties or guarantees or any liability you assume under contract unless you would have been legally liable in the absence of such contract; X. Any dispute involving your fees or charges, or for any alleged inaccurate, inadequate or incomplete description of the price of your goods, products or services; or Y. Any actual or alleged gambling, contest, lottery, promotional game or other game of chance. V. POLICY TERMS AND CONDITIONS A. Limits of Insurance 1. We shall not be liable for more than the endorsement aggregate limit shown in the SCHEDULE during a policy period. The endorsement aggregate limit shown the SCHEDULE is the most we will pay for all loss under this endorsement. The endorsement aggregate limit applies without regard to the number of: security breaches; privacy breaches; breaches of privacy regulations; claims; or claimants. 2. Any sub-limits shown in the SCHEDULE are part of, subject to, included within, and do not increase, the endorsement aggregate limit. The limits shown the SCHEDULE for each individual Insuring Agreement is the most we will pay for loss under that Insuring Agreement. PI-CYBE-001 (12/15) @2015 Philadelphia Consolidated Holding Corp. Page 14 of 16 PI-CYBE-001 (12/15) 3. The Customer Notification Expenses Aggregate Sublimit set forth in the SCHEDULE is the most we will pay for customer notification expenses under this endorsement. 4. The Public Relations Expenses Aggregate Sublimit set forth in the SCHEDULE is the most we will pay for public relations expenses under this endorsement. 5. All loss resulting from, related claims is subject to the applicable each claim in the policy in effect at the time the earliest of the related claims was reported. 6. The endorsement aggregate limit shall be part of, subject to, and not in addition to, the Aggregate Limit of Liability set forth in the Declarations of the policy to which this endorsement is attached. B. Deductible 1. We shall be liable only for loss or claim in excess of the applicable deductible shown in the SCHEDULE. The deductible applies separately to each security event or claim. 2. We have no obligation to pay loss until the deductible has been paid. C. In Case of Loss 1. If a knowledgeable person has information from which it may be reasonably concluded that a security breach, privacy breach, or breach of privacy regulations has occurred written notice must be provided to us as soon as practicable, but in no event later than 60 days after the end of the policy period. 2. No coverage is provided under this endorsement for any loss paid or incurred or settlement entered into without our prior written consent, which will not be unreasonably withheld. This consent requirement can be waived, at our sole discretion, if we determine that it was not possible for the insured to obtain our consent and the loss was paid or incurred to mitigate loss. 3. You must provide evidence of the loss for which you are seeking coverage under this endorsement. You must provide detailed proof of all circumstances leading to the loss event, including the loss amount justification, as soon as practicable, but under no circumstances later than sixty (60) days after the loss event. You will provide us with details of the loss, threat or failure, including a description of the incident and as applicable, a description of the equipment involved, system logs, security logs, statements from outside experts or consultants, and a description of the digital assets involved. 4. You must take all reasonable steps to protect the computer system to prevent additional loss or damage. These reasonable steps include PI-CYBE-001 (12/15) @2015 Philadelphia Consolidated Holding Corp. Page 15 of 16 PI-CYBE-001 (12/15) taking all necessary and reasonable measures to ensure that all traces of malicious code have been removed prior to using the computer system. Any additional loss resulting from the original malicious code will be subject to a separate deductible, which will be one hundred and fifty percent (150%) of the original deductible. 5. It is your sole responsibility to report the loss to any applicable governmental authorities, if appropriate. 6. To recover loss under Insuring Agreement A. you must complete and submit to us a signed Final Statement of Loss, in written or electronic form. Unless we agree to an extension the Final Statement of Loss must be submitted within one hundred and twenty (120) days after the security breach, privacy breach or breach of privacy regulations is discovered by a knowledgeable person and must include completed description of the circumstances that resulted in the loss and a calculation of the loss. The Final Statement of Loss must be duly sworn to by your Chief Financial Officer or by another officer of equal authority. 7. You must provide us all information and assistance that we reasonably request and cooperate with us and our designated representatives in the investigation and adjustment of any loss and the defense or resolution of any claim. Once we pay the adjusted covered loss, receipt of reimbursement will constitute a full release of our liability under this endorsement. D. Subrogation, Salvage and Recoveries It is agreed that upon payment of any loss or claim under this endorsement, we shall become subrogated to all your rights, title, interest and causes of action with respect to such loss or claim. You must do nothing after loss or claim to impair those rights. In the case of recovery after payment for any loss or claim under this endorsement, the amount recovered, after deducting the actual cost of obtaining or making such recovery but excluding your own labor or establishment costs, shall be applied in the following order: 1. To reimburse you in full for the part, if any, of such loss or claim that exceeds the amount of loss or claim paid under this endorsement (excluding the amount of any applicable deductible); 2. The balance if any, or the entire net recovery if no part of such loss or claim exceeds the amount of loss or claim paid under this endorsement to reimburse us; PI-CYBE-001 (12/15) @2015 Philadelphia Consolidated Holding Corp. Page 16 of 16 PI-CYBE-001 (12/15) 3. To that part of such loss or claim you sustained by reason of the Deductible shown in the SCHEDULE and/or to that part of such loss or claim is covered by any policy(ies) of insurance to which this endorsement is excess. E. Other Insurance Except for customer notification expenses and public relations expenses, coverage provided under this endorsement shall be excess of any valid and collectible insurance provided to you by other insurers. Customer notification expenses and public relations expenses shall be considered primary insurance under this endorsement. F. Headings The descriptions in the headings of this endorsement attached hereto are solely for convenience, and form no part of the terms and conditions of coverage. G. Coordination Among Insuring Agreements Coverage exists only for those Insuring Agreements designated as included in the SCHEDULE and for which a premium was paid. Each Insuring Agreement contains terms which limit coverage. In the event that loss is covered by Insuring Agreement B. and C. we will not pay more than the lesser of the actual loss or the highest available Limit of Liability. In no event will we be required to pay more than the endorsement aggregate limit identified in the SCHEDULE. If coverage is provided under more than one Insuring Agreement for the same claim or loss, the maximum applicable deductible shall be the highest applicable deductible that applies under any Insuring Agreement providing coverage. In the event that loss is covered by more than one Insuring Agreement of the endorsement, the policy to which it is attached or any other policy issued by us we will not pay more than the lesser of the actual loss or the highest available Limit of Liability of the applicable Insuring Agreement or policy. PI-ARB-1 (4/03) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.. BINDING ARBITRATION Wherever, used in this endorsement: 1) “we”, “us”, “our”, and “insurer’ mean the insurance company which issued this policy; and 2) “you”, “your”, “named insured”, “first named insured”, and “insured” mean the Named Corporation, the Named Organization, Named Sponsor, Named Insured, or Insured stated in the declarations page; and 3) “other insured(s)” means all other persons or entities afforded coverage under this policy. This endorsement modifies coverage provided under the Coverage Part to which it is attached. If we and the insured do not agree whether coverage is provided under this Coverage Part for a claim made against the insured, then either party may make a written demand for arbitration. When this demand is made, each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that selection be made by a judge of a court having jurisdiction. Each party will: 1. Pay the expenses it incurs; and 2. Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise, arbitration will take place in the county in which the address shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding. All other terms of the policy remain unchanged. Includes copyright material of the Insurance Services Office, Inc. used with its permission. Page 1 of 1 PI-EBL-001 (5/99) Page 1 of 8 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS ADMINISTRATION ERRORS AND OMISSIONS INSURANCE IMPORTANT NOTE: THIS INSURANCE PROVIDES LIMITED COVERAGE FOR LIABILITY WHICH ARISES OUT OF THE ADMINISTRATION OF YOUR EMPLOYEE BENEFITS PROGRAM. IN PARTICULAR, IT DOES NOT FULLY PROTECT YOU OR ANY OTHER INSURED AGAINST LIABILITY CREATED BY THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, OR ITS AMENDMENTS, OR ANY SIMILAR LAW. Various provisions in this Coverage Form restrict coverage. Read the entire Coverage Form carefully to determine rights, duties and what is and is not covered. Throughout this Coverage Form the words “you” and “your” refer to the Named Insured shown in the Declarations of this Coverage Form. The words “we”, “us” and “our” refer to the Company providing this insurance. The word “insured” means any person or organization qualifying as such under Section II – Who is an Insured of this Coverage Form. Other words and phrases that appear in boldface have special meaning. Refer to Section VI – Definitions. Section I – Coverages A. Insuring Agreement 1. We will pay those sums that you become legally obligated to pay as damages because of a negligent act, error or omission in the administration of your employee benefits program. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments of this coverage Form. We will have the right and duty to defend any suit seeking those damages. But: a. The amount we will pay for all damages is limited as described in Section III – Limits of Insurance of this Coverage Form. b. We may, at our discretion, investigate and settle any claim or suit. c. 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 Form. 2. This insurance applies to a negligent act, error or omission only if: a. the negligent act, error or omission is caused by an occurrence that takes place in the Coverage Territory; b. the negligent act, error or omission did not occur before the retroactive date, if any, shown in the Declarations or after the end of the Policy Period; and c. the insured had no prior knowledge or could not reasonably have foreseen any circumstances which might result in a claim or suit; and d. the claim is first made or suit is brought during the policy period or any Extended Reporting Period we provide under Extended Reporting Period Section V. 3. This insurance applies only to negligent acts, errors or omissions: PI-EBL-001 (5/99) Page 2 of 8 a. which occur within the Coverage Territory; and b. for which the claim is made or suit is brought within the Coverage Territory. B. Exclusions This insurance does not apply to: 1. bodily injury, property damage or personal injury; 2. claims for injury or damage arising out of: a. a dishonest, fraudulent, criminal or malicious act, error or omission done by or at the direction of any Insured; b. an insurer’s failure to perform its contract; c. failure of any plan to meet its obligations due to insufficient funds; d. failure of any investment to perform as represented by any insured. e. advice given by an insured to any person on whether or not to participate in any plan included in your employee benefits program; f. your failure to meet the requirement of any law concerning Workers’ Compensation, unemployment insurance, social security, disability benefits or the Fair Labor Standards Act of 1938 and its amendments, or any similar laws; g. any insured’s liability as a fiduciary under: (1) EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 and its amendments, or (2) INTERNAL REVENUE CODE OF 1986 (including the INTERNAL REVENUE CODE OF 1954) and its amendments; h. any claims for injury or damage to a person or organization arising from: (1) refusal to employ that person; (2) termination of that person’s employment; (3) employment-related discrimination or employment- related practices, policies, acts or omissions, such as coercion, demotion, failure to promote, evaluation, criticism, reassignment, discipline, defamation, self-defamation, harassment, humiliation directed at that person or organization; (4) consequential injury or damage as a result of (1) through (3) above. i. the act of terminating or altering any of your employee benefits program. C. Supplementary Payments We will pay, with respect to any claim we investigate or settle, or any suit against an insured we defend: 1. all expenses we incur. 2. the cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 3. all reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit, including actual loss of earnings up to $250 a day because of time off from work. 4. all costs taxed against the insured in the suit. 5. prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. PI-EBL-001 (5/99) Page 3 of 8 6. all interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. Section II – Who is an Insured 1. We cover each of the following as insureds under this Coverage Form: a. you; and b. your employees, but only with respect to the administration of your employee benefits program; and c. any other person or organization authorized to perform the administration of your employee benefits program. 2. In addition, if you are designated in the Declarations as: a. an individual; i. your spouse is an insured, but only with respect to the administration of your employee benefits program; and ii. your legal representatives are insureds if you die, but only with respect to duties in the administration of your employee benefits program. That representative will have all your rights and duties under this endorsement. b. a partnership or joint venture: i. your partners or your members are insureds, but only with respect to the administration of your employee benefits program; and ii. the spouses of your partners or your members are also insureds, but only with respect to the administration of your employee benefits program. c. a limited liability company: i. your members are insureds, but only with respect to the administration of your employee benefits program; and ii. your managers are insureds, but only with respect to the administration of your employee benefits program. d. a corporation: i. your executive officers and directors are insureds, but only with respect to the administration of your employee benefits program; and ii. your stockholders are also insureds, but only with respect to their liability as stockholders and only with respect to the administration of your employee benefits program. Any organization which you newly acquire or form, other than a partnership or joint venture, and over which you maintain a primary and controlling interest will be considered an insured if there is no similar insurance available to that organization. However, coverage under this provision is afforded only until the end of the policy period. 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 of this Coverage Form. Section III – Limits of Insurance 1. The Limits of Insurance stated in the Declarations of this Coverage Form and the rules below fix the most we will pay regardless of the number of: a. insureds; b. negligent acts, errors or omissions causing injury or damage; c. claims made or suits brought; d. persons or organizations making claims or bringing suits; or PI-EBL-001 (5/99) Page 4 of 8 e. plans included in your employee benefits program. 2. The Aggregate Limit is the most we will pay for all damages because of negligent acts, errors or omissions in the administration of your employee benefits program, covered by this policy. 3. Subject to 2. above, the Each Employee Limit is the most we will pay for the sum of all damages incurred because of damages sustained, covered by this policy, by: a. any one employee, and b. that employee’s dependents or stated beneficiaries. 4. The limits of this Coverage Part apply separately to each consecutive annual policy period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations. If the policy period is extended after issuance for an additional period of less than 12 months, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. Section IV – Conditions 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured’s estate will not relieve us of our obligations under this Coverage Part. 2. Duties in the Event of a Negligent Act, Error, Omission, Claim or Suit: a. You must see to it that we are notified as soon as practicable of an alleged negligent act, error, omission, claim or suit which may result in a claim. To the extent possible, notice should include: (1) how, when and where the alleged negligent act, error, or omission took place; (2) the names and addresses of the persons or their representatives alleging the negligent act, error or omission; (3) the nature of any injury or damage arising out of the negligent 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 see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must: (1) immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or suit; (2) authorize us to obtain records and other information; (3) cooperate with us in the investigation or settlement of the claim or defense against the suit; and (4) assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured’s own cost, voluntarily make a payment, assume any obligation, or incur any expense without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. to join us as a party or otherwise bring us into a suit asking for damages from an insured; or PI-EBL-001 (5/99) Page 5 of 8 b. to sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant’s legal representative. 4. Other Insurance This insurance is excess over any other valid and collectible similar insurance or insurance expressly purchased to provide this coverage, available to the insured. 5. Representation By accepting this policy, you agree: a. the statements in the Declarations are accurate and complete; b. those statements are based upon representations you made to us; and c. we have issued this policy in reliance upon your representations. 6. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. as if each Named Insured were the only Named Insured; and b. separately to each insured against whom claim is made or suit is brought. 7. Transfer of Rights of Recovery Against Others to Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. 8. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the non-renewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. 9. Application of Insurance Services Office Endorsements Attached to This Coverage Part In the event that an Insurance Services Office Endorsement is attached to this Coverage Part, it shall apply to this insurance even if the Insurance Services Office endorsement does not include Employee Benefits Administration Errors and Omissions Insurance within the introductory language of the endorsement. Section V – Extended Reporting Period 1. We will provide one or more Extended Reporting Periods, as described below, if: a. This Coverage Part is canceled or not renewed; or b. We renew or replace this Coverage Part with insurance that: (1) Has a Retroactive Date later than the date shown in the Declarations of this Coverage Part; or (2) Does not apply to a negligent act or error and omission on a claims-made basis. 2. Extended Reporting Periods do not extend the policy period or change the scope of coverage provided. They apply only to claims for a negligent act, error or omission that occurs before the end of the policy period but not before the Retroactive Date, if any, shown in the Declarations. PI-EBL-001 (5/99) Page 6 of 8 Once in effect, Extended Reporting Periods may not be canceled. 3. A Basic Extended Reporting Period is automatically provided without additional charge. This period starts with the end of the policy period and lasts for: a. Five years with respect to claims because of a negligent act, error or omission arising out of an occurrence reported to us, not later than 60 days after the end of the policy period, in accordance with Paragraph 2.a. of the Section IV - Condition; b. Sixty days with respect to claims arising from occurrences not previously reported to us. The Basic Extended Reporting Period does not apply to claims that are covered under any subsequent insurance you purchase, or that would be covered but for exhaustion of the amount of insurance applicable to such claims. 4. The Basic Extended Reporting Period does not reinstate or increase the limits of insurance. 5. A Supplemental Extended Reporting Period of unlimited duration is available, but only by an endorsement and for an extra charge. This supplemental period starts when the Basic Extended Reporting Period, set forth in Paragraph 3. above, ends. You must give us a written request for the endorsement within 60 days after the end of the policy period. The Supplemental Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing so, we may take into account the following: a. The exposures insured; b. Previous types and amounts of insurance; c. Limits of Insurance available under this Coverage Part for future payment of damages; and d. Other related factors. The additional premium will not exceed 200% of the annual premium for this Coverage Part. This endorsement shall set forth the terms, not inconsistent with this Section, applicable to the Supplemental Extended Reporting Period, including a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and collectible insurance available under policies in force after the Supplemental Extended Reporting Period starts. 6. If the Supplemental Extended Reporting Period is in effect, we will provide the supplemental aggregate limits of insurance described below, but only for claims first received and recorded during the Supplemental Extended Reporting Period. The supplemental aggregate limits of insurance will be equal to the dollar amount shown in the Declarations in effect at the end of the policy period for Employees Benefits Administration Errors and Omissions Insurance. Section VI – Definitions With respect to coverage provided by this Coverage Form, the following definitions apply: 1. Administration means performance of the ministerial functions of your employee benefits program and could include: a. applying the program rules to determine who is eligible to participate in benefits; b. calculating service and compensation credits of employees; c. preparing messages to tell employees about their benefits. d. maintaining service and employment records of those employees participating in your employee benefits program; PI-EBL-001 (5/99) Page 7 of 8 e. preparing reports required by government agencies; f. calculating benefits; g. informing new employees about your employee benefit program; h. implementing enrollment instructions from your employees in your employee benefits program. i. advising, other than legal advice, employees who are participating in your employee benefits program of their rights and options. j. collecting contributions and applying them as called for under the rules of your employee benefits program. k. preparing benefits reports for your employees participating in your employee benefits program. l. processing claims. 2. Bodily Injury means bodily injury sickness or disease sustained by a person, including death resulting from any of these at any time. 3. Coverage territory means: a. the United States of America (including its territories and possessions), Puerto Rico and Canada; or b. all parts of the world if the insured’s responsibility to pay damages is determined in a suit on the merits in the territory described in a. above or in a settlement to which we agree. 4. Employee means your executive officers or any persons who have been employed and compensated by you, whether actively employed, formerly employed, disabled or retired, and includes leased workers and temporary workers if they are subject to your employee benefits program. 5. Employment-related discrimination means the actual or alleged treatment of a person or group of persons based upon their race, color, nationality, ethnic origin, religion, gender, marital status, reproductive status, age, sexual orientation, sexual preference, physical disability, mental disability or on any basis which is prohibited by federal, state or local law. 6. Executive officer means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. 7. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 8. Personal injury means injury, other than bodily injury, arising out of one or more of the following offenses: a. false arrest, detention or imprisonment; b. malicious prosecution; c. the wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies by or on behalf of its owner, landlord or lessor; d. oral or written publication of material that slanders, or libels a person or organization, or disparages a person’s or organization’s goods, products or services; or e. oral or written publication of material that violates a person’s right of privacy. 9. Property Damage means: a. physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. loss of use of tangible property that is not physically injured. All such loss of use PI-EBL-001 (5/99) Page 8 of 8 shall be deemed to occur at the time of the occurrence that caused it. 10. Suit means a civil proceeding in which damages because of a negligent 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 you must submit or do submit with our consent; b. any other alternative dispute resolution proceeding in which such damages are claimed and to which you submit with our consent. 11. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short-term workload conditions. Temporary worker does not mean a leased worker. 12. Your employee benefits program means a type of insurance or other plan you maintain solely for the benefit of your employees and could include one or more of the following types: a. group life insurance, group accident, dismemberment, dental, health insurance, health care and dependent care spending plans, legal advice plans, or educational tuition reimbursement plans; b. profit sharing plans; savings plans including 401K and 403B plans; pension plans and stock subscription plans; c. unemployment insurance, social security benefits: workers’ compensation and disability benefits insurance. PI-PPL-001(8/03) EB Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIOR/PENDING LITIGATION AND KNOWN CIRCUMSTANCES EXCLUSION (CLAIMS MADE) This endorsement modifies insurance provided under the following: EMPLOYEE BENEFITS ADMINISTRATION ERRORS AND OMISSIONS INSURANCE CLAIMS MADE COVERAGE. In consideration of the premium paid for this policy, it is agreed that the Insurer shall not be liable to make any payment for “damages” in connection with any claim arising out of, based upon or attributable to: i) any “professional incident”, “bodily injury” or “property damage”, committed on or before 06/01/2007 if the insured knew or could have reasonably foreseen that such “professional incident”, “bodily injury” or “property damage” could give rise to a claim; ii) any pending or prior litigation made as of 06/01/2007 or any claims alleging or derived from the same or essentially the same facts as alleged in such pending or prior litigation; PI-ARB-1 (4/03) Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.. BINDING ARBITRATION Wherever, used in this endorsement: 1) “we”, “us”, “our”, and “insurer’ mean the insurance company which issued this policy; and 2) “you”, “your”, “named insured”, “first named insured”, and “insured” mean the Named Corporation, the Named Organization, Named Sponsor, Named Insured, or Insured stated in the declarations page; and 3) “other insured(s)” means all other persons or entities afforded coverage under this policy. This endorsement modifies coverage provided under the Coverage Part to which it is attached. If we and the insured do not agree whether coverage is provided under this Coverage Part for a claim made against the insured, then either party may make a written demand for arbitration. When this demand is made, each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that selection be made by a judge of a court having jurisdiction. Each party will: 1. Pay the expenses it incurs; and 2. Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise, arbitration will take place in the county in which the address shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding. All other terms of the policy remain unchanged. Includes copyright material of the Insurance Services Office, Inc. used with its permission. PI-HS-003 (07/04) Page 1 of 9 Includes copyright material of the Insurance Services Office, Inc. used with its permission. HUMAN SERVICES ORGANIZATION PROFESSIONAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words “you” and “your” refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words “we”, “us” and “our” refer to the company providing this insurance. The word “insured” means any person or organization qualifying as such under SECTION II – WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V – DEFINITIONS. SECTION I – COVERAGE HUMAN SERVICES ORGANIZATION PROFESSIONAL LIABILITY A. Insuring Agreement 1. We will pay those sums that the insured becomes legally obligated to pay as “damages” arising out of a “professional incident” in the course of performing professional services for, or on behalf of, your human services organization to which this insurance applies. We have the right and duty to defend any “suit” seeking those “damages”. We may at our discretion investigate and settle any “professional incident”, subject to SECTION IV – CONDITION K, any claim or “suit”. But: a. The amount we will pay for “damages” is limited as described in SECTION III – LIMITS OF INSURANCE; and b. Our right and duty to defend ends when we have used up our 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 SUPPLEMENTARY PAYMENTS set forth below. 2. This insurance applies to “damages” only if: a. The “damages” result from a “professional incident” that takes place in the “coverage territory”; and b. The “professional incident” occurs during the policy period. B. Exclusions This insurance does not apply to “damages”: 1. Expected or intended from the standpoint of the insured. 2. For any actual or alleged breach of contract or agreement. This exclusion does not apply to liability for “damages” that the insured would have in the absence of the contract or agreement. 3. Arising out of the operation of any hospital, sanatorium, “medical clinic”, or any other medical facility or laboratory. 4. Arising out of the ownership, maintenance, use or entrustment to others of any aircraft, “auto”, or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and “loading or unloading”. 5. Arising out of the prescription, utilization, furnishing, or dispensing of drugs or medical, dental, or nursing supplies or appliances, except as directed by a physician, physician assistant, nurse, or a psychologist as permitted under state law, and in the normal practice as a human services organization provider. 6. Arising out of the professional services of any psychiatrist. However, with respect to you only, this exclusion does not apply to services performed by a psychiatrist so long as you have written confirmation of malpractice insurance covering such individual with limits of at least $1,000,000. 7. Arising out of the furnishing or failure to furnish professional services by an attorney, architect, engineer, accountant, real estate or investment manager, physician, dentist, anesthesiologist, nurse anesthetist, nurse midwife, x-ray therapist, radiologist, chiropodist, chiropractor, optometrist, PI-HS-003 (07/04) Page 2 of 9 Includes copyright material of the Insurance Services Office, Inc. used with its permission. or veterinarian. However, with respect to you and your “employees” only, this exclusion does not apply to services performed by a physician, dentist, or optometrist, provided that all of the following conditions are met: a. Such professional is not your “employee” or volunteer; and b. You have current written confirmation of malpractice insurance covering such professional with limits of at least $1,000,000. 8. Arising out of membership in a formal accreditation or similar professional board or committee or any hospital or professional society. 9. Arising out of injury to any insured, or any consequential injury to the spouse, child, parent, brother or sister of that insured. This exclusion applies: a. Whether the insured may be liable as an employer or in any other capacity; and b. To any obligation to share “damages” with or repay someone else who must pay “damages” because of the injury. 10. Arising out of any obligation of the insured under a workers compensation, disability benefits or unemployment compensation law or any similar law. 11. Arising out of any claim made by: a. A person because of any: (1) Refusal to employ that person; (2) Termination of that person’s employment; or (3) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at that person; or b. The spouse, child, parent, brother or sister of that person as a consequence of any “damages” or injury to that person at whom any of the employment-related practices described in paragraphs (1), (2), or (3) above is directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share “damages” with or repay someone else who must pay “damages”. 12. Arising out of “advertising injury” or “personal injury”. However, this exclusion does not apply to “personal injury” when the offense is directly resulting from a “professional incident” and the “personal injury” does not arise out of: a. Oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity; b. Oral or written publication of material, whose first publication took place before the beginning of the policy period; or c. The willful violation of a penal statute or ordinance committed by or with the consent of the insured. 13. Arising out of damage to property: a. Owned, occupied or used by any insured; b. Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by any insured; c. Which is or was in the possession of any insured or any person acting on behalf of any insured; or d. That is real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are or were performing operations. 14. Arising out of any: a. “Pollution hazard”; b. “Nuclear hazard”; PI-HS-003 (07/04) Page 3 of 9 Includes copyright material of the Insurance Services Office, Inc. used with its permission. c. “Asbestos hazard”; or d. “Lead hazard”. 15. Arising out of actual or alleged discrimination. 16. Arising out of unfair competition or violation of any anti-trust laws. 17. Arising out of the inability or failure of the insured or others to collect or pay money. 18. Arising out of an insured gaining any personal profit or advantage to which they are not legally entitled. 19. Arising out of liability under the Employment Retirement Income Security Act of 1974 and any amendments to that law, or any similar federal or state law. 20. Arising out of any criminal, dishonest, fraudulent or malicious act or omission. This exclusion does not apply to any insured who did not: a. Personally participate in committing any such act; or b. Remain passive after having personal knowledge of any such act or omission. 21. Arising out of any claim made or “suit” brought against an insured by another insured. 22. Arising out of acts, errors or omissions of a managerial or administrative nature. 23. Arising out of: a. The actual or threatened physical or sexual abuse or molestation by anyone of any person while in the care, custody or control of any insured; or b. The negligent: (1) employment; (2) investigation; (3) supervision; (4) reporting to the proper authorities, or failure to so report; or (5) retention of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by a. above. c. The negligent failure to provide professional services or neglect of the therapeutic needs of a client, patient or other person because of the conduct which would be excluded by paragraph a. above. SUPPLEMENTARY PAYMENTS A. We will pay, with respect to any claim or “suit” we defend: 1. All expenses we incur including defense costs. 2. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 3. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or “suit”, including actual loss of earnings up to $750 a day because of time off from work. 4. All costs taxed against the insured in the “suit”. 5. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. 6. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. B. We will reimburse you for reasonable legal services charged by a lawyer we agree to and other expenses you may incur in the investigation and defense of “disciplinary proceeding(s)” brought against you arising out of a “professional incident” that is otherwise covered by this policy. This Coverage is limited to $100,000 per “professional incident”. C. We will reimburse you for reasonable legal services charged by a lawyer we agree to and other expenses you may incur arising out of any act or omission in the PI-HS-003 (07/04) Page 4 of 9 Includes copyright material of the Insurance Services Office, Inc. used with its permission. furnishing or failure to furnish services as a formal accreditation, standards review or similar board. This Coverage is limited to $100,000 per incident. These payments will not reduce the limits of insurance. SECTION II – WHO IS AN INSURED A. You are an insured. Your “executive officers” and directors are insureds, but only with respect to their duties as your officers or directors. B. Each of the following is also an insured: 1. Your medical directors, board members and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient. 2. Your “employees”, other than your “executive officers”, but only for acts within the scope of their employment by you or while performing duties related to the conduct of your organization. 3. Your volunteers, but only for acts within the scope of their duties related to the conduct of your organization. 4. Students in training, but only for acts within the scope of their duties related to the conduct of your organization. 5. Any social workers and/or case managers, but only for acts within the scope of their duties related to the conduct of your organization. 6. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or majority interest, will be deemed to be a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and b. Professional Liability Coverage does not apply to a “professional incident” that occurred before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. SECTION III – LIMITS OF INSURANCE A. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: 1. Insureds; 2. Claims made or “suits” brought; or 3. Persons or organizations making claims or bringing “suits”. B. The Aggregate Limit is the most we will pay for all “damages” to which this insurance applies. C. Subject to B. above, the Each Professional Incident Limit is the most we will pay for the sum of all “damages” arising out of any one “professional incident” to which this insurance applies. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV – CONDITIONS A. Bankruptcy Bankruptcy or insolvency of the insured or of the insured’s estate will not relieve us of our obligations under this Coverage Part. B. Your Authority And Duties The first Named Insured shown in the Declarations agrees to act on behalf of all insureds with respect to cancellation, notice of any “professional incident” claim or “suit”, payment or return of any premium, or consent to a claim settlement that we recommend. Each insured, by accepting this insurance, agrees to: 1. Have the first Named Insured act for them in such matters; and PI-HS-003 (07/04) Page 5 of 9 Includes copyright material of the Insurance Services Office, Inc. used with its permission. 2. Promptly notify the first Named Insured, in writing, of any “professional incident” which may result in a claim, or any claim or “suit” brought against them. C. Duties In The Event Of Professional Incident, Claim Or Suit 1. You must see to it that we are notified as soon as practicable of a “professional incident” which may result in a claim. To the extent possible, notice should include: a. All available information about the circumstances concerning the “professional incident” including: (1) How, when and where it took place; and (2) The names and addresses of any witnesses and persons seeking “damages”; and b. What claim you think may result. However, even when you notify us of a “professional incident”, this does not relieve you of your obligation to also notify us of any resulting claim or “suit”. 2. If a claim is made or “suit” is brought against any insured, you must: a. Immediately record the specifics of the claim or “suit” and the date received; and b. 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. 3. You and any other involved insured must: a. Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or “suit”; b. Authorize us to obtain records and other information; c. Cooperate with us in the investigation, settlement or defense of the claim or “suit”; d. Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply; and e. In no way jeopardize our rights after a “professional incident”. 4. No insureds will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. D. Legal Action Against Us No person or organization has a right under this Coverage Part: 1. To join us as a party or otherwise bring us into a “suit” asking for “damages” from an insured; or 2. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for “damages” that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant’s legal representative. E. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are limited as follows: 1. Primary Insurance This insurance is primary except when 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 3. below. 2. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis if: a. Your “employee” or volunteer has other insurance covering his or her professional liability. PI-HS-003 (07/04) Page 6 of 9 Includes copyright material of the Insurance Services Office, Inc. used with its permission. b. You have purchased insurance from a company other than us or a company affiliated with us which is more specific than this insurance. When this insurance is excess, we will have no duty to defend any claim or “suit” that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured’s rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: a. The total amount that all such other insurance would pay for the loss in the absence of this insurance; and b. The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. 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. If the other insurance does not permit contribution by equal shares, we will continue 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. F. Premium Audit 1. We will compute all premiums for this Coverage Part in accordance with our rules and rates. 2. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we have the right to compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. 3. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. G. Representations By accepting this policy, you agree: 1. The statements in the Declarations are accurate and complete; 2. Those statements are based upon representations you made to us; and 3. We have issued this policy in reliance upon your representations. H. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: 1. As if each Named Insured were the only Named Insured; and 2. Separately to each insured against whom claim is made or “suit” is brought. I. Transfer of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring “suit” or transfer those rights to us and help us enforce them. J. Governmental Immunity If you are a public institution, you may be entitled to Governmental Immunity. This Coverage Part does not constitute a waiver of any charitable or governmental immunity to which you are entitled. K. Settlement If the first Named Insured refuses to consent, within a PI-HS-003 (07/04) Page 7 of 9 Includes copyright material of the Insurance Services Office, Inc. used with its permission. reasonable period of time, to any settlement offer we recommend and elects to contest the claim or continue any legal proceedings in connection with such claim then, subject to the provisions of SECTION III – LIMITS OF INSURANCE, our liability for the claim will not exceed the amount for which the claim could have been settled, plus the cost of defense incurred by us up to the date of such refusal. L. Two or More Coverage Parts Or Policies Issued By Us It is our stated intention that the various coverage parts or policy issued to you by us, or any company affiliated with us, do not provide any duplication or overlap of coverage for the same claim or “suit”. If this policy and any other coverage part or policy issued to you by us, or any company affiliated with us, apply to the same “professional incident”, occurrence, offense, wrongful act, accident or loss, the maximum Limit of Insurance under all such coverage parts or policies combined shall not exceed the highest applicable Limit of Insurance under any one coverage part or policy. This condition does not apply to any Excess or Umbrella Policy issued by us specifically to apply as excess insurance over this policy. M. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V – DEFINITIONS A. “Advertising injury” means injury arising out of one or more of the following offenses committed in the course of advertising your goods, products or services: 1. Oral or written publication of material that slanders or libels a person or organization or disparages a person’s or organization’s goods, products or services; 2. Oral or written publication of material that violates a person’s right of privacy; 3. Misappropriation of advertising ideas or style of doing business; or 4. Infringement of copyright, title or slogan. B. “Asbestos hazard” means: 1. a. Inhaling, ingesting or prolonged physical exposure to asbestos or goods or products containing asbestos; b. The use of asbestos in constructing or manufacturing any good, product or structure; c. The removal of asbestos from any good, product or structure; d. Any request, demand or order for the removal of asbestos from any good, product or structure; or e. The manufacture, sale, transportation, storage or disposal of asbestos or goods or products containing asbestos. 2. The investigation, settlement or defense of any claim, “suit”, proceeding, “damages”, loss, cost or expense excluded by 1. above. C. “Auto” means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. D. “Coverage territory” means: 1. The United States of America (including its territories and possessions), Puerto Rico, and Canada; 2. All parts of the world if: a. The injury or damage arises out of the activities of a person whose home is in the territory described in 1. above, but is away for a short time on your business; and b. The insured’s responsibility to pay “damages” is determined in a “suit” on the merits in the territory described in 1. above or in a settlement we agree to. E. “Damages” means a monetary: 1. Judgment; 2. Award; or 3. Settlement, PI-HS-003 (07/04) Page 8 of 9 Includes copyright material of the Insurance Services Office, Inc. used with its permission. but does not include fines, sanctions, penalties, punitive or exemplary damages or the multiple portion of any damages. F. “Disciplinary proceedings” means any proceeding brought against you by a state regulatory or disciplinary official or agency to investigate charges alleging professional misconduct. G. “Employee” includes a “leased worker”. “Employee” does not include a “temporary worker”. H. “Executive officer” means a person holding any of the officer positions created by your charter, constitution, by-laws, or any other similar governing document. I. “Lead hazard” means: 1. a. Exposure to or existence of lead, paint containing lead, or any other material or substance containing lead; or b. Manufacture, distribution, sale, resale, rebranding, installation, repair, removal, encapsulation, abatement, replacement, or handling of lead, paint containing lead, or any other material or substance containing lead; whether or not the lead is or was at any time airborne as a particulate, contained in a product ingested, inhaled, transmitted in any faction, or found in any form whatsoever. 2. a. Any testing for, monitoring, cleaning up, removing, abating, containing, treating or neutralizing lead, paint containing lead, or any other substance or material containing lead, or in any way responding to or assessing the effects of lead; or b. Any request, demand, or order to test for, monitor, clean up, remove, abate, contain, treat or neutralize lead, paint containing lead, or any other substance or material containing lead, or in any way respond to or assess the effects of lead. 3. The investigation, settlement, or defense of any claim, “suit”, proceeding, “damages”, loss, cost or expense excluded by 1. and 2. above. J. “Leased worker” means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. “Leased worker” does not include a “temporary worker”. K. “Loading or unloading” means the handling of property: 1. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or “auto”; 2. While it is in or on an aircraft, watercraft or “auto”; or 3. While it is being moved from an aircraft, watercraft or “auto” to the place where it is finally delivered; but “loading or unloading” does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or “auto”. L. “Medical clinic” means any medical facility open to the general public. A medical clinic does not include facilities operated for the sole treatment of your consumers, for whom you provide professional services. M. “Nuclear hazard” means the existence of any nuclear reactor or device, nuclear waste storage or disposal site or any other nuclear facility, or the transportation of nuclear material, or the hazardous properties of nuclear material. N. “Personal injury” means injury, other than bodily injury, arising out of one or more of the following offenses: 1. False arrest, detention or imprisonment; 2. Malicious prosecution; 3. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies by or on behalf of its owner, landlord or lessor; 4. Oral or written publication of material that slanders or libels a person or organization or disparages a person’s or organization’s goods, products or services; or 5. Oral or written publication of material that violates a person’s right of privacy. O. “Pollution hazard” means: 1. Any actual, alleged or threatened emission, PI-HS-003 (07/04) Page 9 of 9 Includes copyright material of the Insurance Services Office, Inc. used with its permission. discharge, dispersal, seepage, mitigation, release or escape of pollutants at any time; or a. Any clean up of pollutants; or b. Any request, demand or order for any clean up of pollutants. 2. The investigation, settlement or defense of any claim, “suit”, proceeding, “damages”, loss, cost or expense excluded by 1. above. Pollutants include any noise, solid, semi-solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, mists, acids, alkalis, chemicals, biological and etiologic agents or materials, electromagnetic or ionizing radiation and energy, genetically engineered materials, teratogenic, carcinogenic and mutagenic materials, waste and any other irritant or contaminant. Waste includes any materials to be disposed, recycled, reconditioned or reclaimed. Clean up of includes monitoring, removal, containment, treatment, detoxification or neutralization of, testing for or response in any way to, or assessment of the effects of pollutants. P. “Professional incident” means any actual or alleged negligent: a. Act; b. Error; or c. Omission in the actual rendering of professional services to others, including counseling services, in your capacity as a human services organization. Professional services include the furnishing of food, beverages, medications or appliances in connection therewith. Any or all “professional incidents” arising from interrelated or series of acts, errors or omissions shall be deemed to be one “professional incident” taking place at the time of the earliest “professional incident”. Q. “Suit” means a civil proceeding in which “damages” are claimed and to which this insurance applies. “Suit” also includes: 1. An arbitration proceeding in which such “damages” are claimed and to which you must submit or do submit with our consent; or 2. Any other alternative dispute resolution proceeding in which such “damages” are claimed and to which you submit with our consent. R. “Temporary worker” means a person who is furnished to you to substitute for a permanent “employee” on leave or to meet seasonal or short-term workload conditions. Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc., with permission. PI-HS-024 (04/18) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF EXCLUSION – PRESCRIPTION/ NONPRESCRIPTION DRUGS, SUPPLIES OR APPLIANCES This endorsement modifies insurance provided under the following: HUMAN SERVICES ORGANIZATION PROFESSIONAL LIABILITY COVERAGE FORM HUMAN SERVICES ORGANIZATION PROFESSIONAL LIABILITY CLAIMS-MADE COVERAGE FORM SECTION I – COVERAGE, B. Exclusions, Paragraph 5. is deleted in its entirety and replaced with the following: 5. Arising out of the prescription, utilization, furnishing, or dispensing of drugs or medical, dental, or nursing supplies or appliances, except: a. as directed by a physician, physician assistant, nurse, or a psychologist as permitted under state law, and in the normal practice as a human services organization provider, b. the dispensing of the drug Naloxone (or reasonably equivalent drug) used in response to an opioid overdose as permitted by applicable state or federal law, or c. the dispensing of nonprescription drugs. PI-HS-024 (04/18) Page 1 of 1 PI-ARB-1 (4/03) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.. BINDING ARBITRATION Wherever, used in this endorsement: 1) “we”, “us”, “our”, and “insurer’ mean the insurance company which issued this policy; and 2) “you”, “your”, “named insured”, “first named insured”, and “insured” mean the Named Corporation, the Named Organization, Named Sponsor, Named Insured, or Insured stated in the declarations page; and 3) “other insured(s)” means all other persons or entities afforded coverage under this policy. This endorsement modifies coverage provided under the Coverage Part to which it is attached. If we and the insured do not agree whether coverage is provided under this Coverage Part for a claim made against the insured, then either party may make a written demand for arbitration. When this demand is made, each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that selection be made by a judge of a court having jurisdiction. Each party will: 1. Pay the expenses it incurs; and 2. Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise, arbitration will take place in the county in which the address shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding. All other terms of the policy remain unchanged. Includes copyright material of the Insurance Services Office, Inc. used with its permission. Page 1 of 1 PI-SAM-008 (05/19) PI-SAM-008 (05/19) Page 1 of 10 ©2019 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with permission. ABUSIVE CONDUCT LIABILITY COVERAGE FORM PLEASE READ THE ENTIRE FORM CAREFULLY. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine your rights, duties and what is and is not covered. Throughout this policy the words “you” and “your” refer to the Named Insured shown in the Declarations. The words “we,” “us” and “our” refer to the Company providing this insurance. The word “insured” means any person or organization qualifying as such under SECTION II – WHO IS AN INSURED. Within the context of this coverage form, “this insurance” refers to the coverage provided by this Abusive Conduct Liability Coverage Form. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION VI – DEFINITIONS. SECTION I – COVERAGE A. ABUSIVE CONDUCT LIABILITY COVERAGE 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as “damages” because of “bodily injury” to which this insurance applies caused by: (1) “Abusive conduct”; (2) The negligent: (a) Employment; (b) Selection; (c) Investigation; (d) Supervision; (e) Reporting to the proper authorities, or failure to so report; or (f) Retention of any “employee,” “volunteer worker” or any other person or persons for whom the insured is or ever was legally responsible and whose conduct would be covered by (1) above; (3) The negligent: PI-SAM-008 (05/19) PI-SAM-008 (05/19) Page 2 of 10 ©2019 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with permission. (a) Placement of adoptive or foster children; (b) Selection or training of adoptive or foster parents; or (c) Supervision of adoptive or foster parents, that gives rise to “claims” of “abusive conduct”; (4) The negligent: (a) Design; (b) Control; (c) Maintenance; (d) Supervision; (e) Inspection; or (f) Investigation of prospective tenants of your premises; premises in your control; or premises you have leased to another that gives rise to “claims” of “abusive conduct”; or (5) The negligent failure to provide professional services or neglect of the therapeutic needs of a client, patient or other person because of “abusive conduct.” Subject to the above provisions, we have the right and duty to defend any “suit” seeking “damages” to which this insurance applies. However, we 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 and settle any “claim” of "abusive conduct" and any “suit” that may result. But: (i) The amount we will pay for “damages” is limited as described in SECTION III – LIMITS OF INSURANCE; and (ii) Our right and duty to defend end when we have used up our applicable limit of insurance in the payment of “damages.” We will pay, with respect to any “claim” we investigate or “suit” we defend, any “defense costs” we incur. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for in B. EMPLOYEE AND VOLUNTEER WORKER DEFENSE COVERAGE below. b. This insurance applies to “damages” because of “bodily injury” only if: (1) The “bodily injury” is caused by “abusive conduct” that takes place in the “coverage PI-SAM-008 (05/19) PI-SAM-008 (05/19) Page 3 of 10 ©2019 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with permission. territory”; and (2) The “abusive conduct” first occurs during the policy period. c. “Damages” because of “bodily injury” include “damages” claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury.” 2. Exclusions This insurance does not apply to: a. Any “claim” or “suit” against any person who personally takes part in any “abusive conduct”; b. Any “claim” or “suit” against any person who intentionally fails to report “abusive conduct” committed by an “employee,” “volunteer worker” or any other person for whom any insured is legally responsible; c. Any “claim” or “suit” against any person who commits an intentional or criminal act; d. Any “claim” or “suit” against any “employee,” “volunteer worker” or any other person for whom any insured is or ever was legally responsible if at the time of this policy’s inception any insured was aware of actual or alleged “abusive conduct” by such person; e. Liability assumed by the insured under any contract or agreement; f. Any obligation for which an insured, or any insurance carrier of the insured, may be held liable under a workers compensation, disability benefits or unemployment compensation law or any similar law; g. Any “claim” or “suit” arising out of matters which may be deemed uninsurable; h. Any “claim” made against an insured by another insured except a “claim” made by an insured who is an “employee” or “volunteer worker,” subject to Exclusion i. below; i. Any “claim” made by or on behalf of: (1) Your “employee” or “volunteer worker”; (2) The spouse, child, parent, brother or sister of an “employee” or “volunteer worker” as a consequence of “abusive conduct” to that person; or (3) Any applicants for employment or former “employees” or “volunteer workers.” However, this exclusion does not apply in the limited instance where your “employee” or “volunteer worker” is also your client and receiving services falling within the official scope of PI-SAM-008 (05/19) PI-SAM-008 (05/19) Page 4 of 10 ©2019 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with permission. the services which you provide and the “claim” arises out of the provision of these services; j. Any “defense costs” associated with a criminal trial including appeals; k. “Abusive conduct” that predates the inception of this policy notwithstanding that such “abusive conduct” may continue into this policy period; l. Any “claim” arising out of, based upon or attributable to: (1) Any litigation or demand against an insured pending on or before the inception of this policy, including any future litigation or demand based on the prior or pending litigation that is derived from the same or essentially the same facts as alleged in such prior litigation; (2) Any “abusive conduct,” fact, circumstance or situation which has been the subject of any written notice given under any other policy of insurance prior to inception of this policy; or (3) Any “abusive conduct,” fact, circumstance or situation of which, as of the inception of this policy, the insured had knowledge and from which the insured could reasonably expect a “claim” to arise; or m. Any “claim” or “suit” arising out of sexual discrimination and/or sexual harassment, whether asserted under any federal or state statute or the common or civil law of any jurisdiction. B. EMPLOYEE AND VOLUNTEER WORKER DEFENSE COVERAGE We will also pay on your behalf “defense costs” for an “employee” or “volunteer worker” who is alleged to be directly involved in “abusive conduct” until such time as that individual is adjudicated to be a wrongdoer or enters a plea of no-contest. This coverage does not apply to any “employee” or “volunteer worker” who knowingly allows the “abusive conduct.” SECTION II – WHO IS AN INSURED A. You are an insured. B. Each of the following is also an insured: 1. Your directors, but only for liability arising from their duties as your directors; 2. Your “employees,” but only for liability arising within the scope of their employment duties for you; 3. Your “volunteer workers” but only for liability arising within the scope of their volunteer duties related to the conduct of your organization; and PI-SAM-008 (05/19) PI-SAM-008 (05/19) Page 5 of 10 ©2019 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with permission. 4. Students in training, but only for liability arising within the scope of their duties related to the conduct of your organization. SECTION III – LIMITS OF INSURANCE A. The limit of insurance shown in the Declarations and the rules below fix the most we will pay for all “damages” regardless of the number of: 1. Insureds; 2. “Claims” made or "suits" brought; or 3. Persons or organizations making “claims” or bringing “suits.” B. The Each Abusive Conduct Limit shown in the Declarations is the most we will pay for each “abusive conduct” incident regardless of the number of incidents involved. Two or more “claims” for “damages” because of the same “abusive conduct” shall be: 1. Considered a single “claim”; and 2. Such “claims,” whenever made, shall be assigned to only one policy (whether issued by us or any other insurer) and if that is this policy, only one Each Abusive Conduct limit of insurance shall apply. C. The aggregate limit shown in the Declarations is, subject to Paragraph B. of this section, the total limit of our liability for all “damages” to which this insurance applies. Multiple incidents of “abusive conduct” which take place over multiple policy periods for which this coverage is provided shall be deemed to constitute one “abusive conduct” and shall be deemed to occur only at the time of such first incident. Coverage for such “abusive conduct” shall be provided only under the policy, if any, which is in place at the time of the first such incident and shall be subject to the applicable limit of insurance in that one policy. The aggregate limit of this Coverage Part applies separately to each consecutive annual period of this policy; 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 limit of insurance. SECTION IV – DEDUCTIBLE A. Our obligation to pay “damages” on your behalf applies only to the amount of “damages” in excess of the applicable deductible amount shown in the Declarations. B. The Deductible applies to all “damages” that are the result of any “claim” of “abusive conduct.” C. The terms of this insurance, including those with respect to: 1. Our right and duty to defend the insured against any “suits” seeking those “damages”; and 2. Your duties in the event of an incident, “claim,” or “suit” apply irrespective of the application of the deductible amount. PI-SAM-008 (05/19) PI-SAM-008 (05/19) Page 6 of 10 ©2019 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with permission. D. We may pay any part or all of the deductible amount to effect settlement of any claim or “suit” and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. SECTION V – ABUSIVE CONDUCT LIABILITY CONDITIONS A. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. B. Duties In the Event of an Incident, Claim or Suit 1. If a “claim” is made or “suit” is brought against any insured, you must provide us with written notice of the “claim” or “suit” as soon as practicable, but no later than 60 days after the “claim” is made or “suit” is brought. 2. You and any other involved insured must: a. Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the “claim” or "suit"; b. Authorize us to obtain records and other information; c. Cooperate with us in the investigation, settlement or defense of the “claim” or "suit" including the release of any personnel records of the person(s) allegedly involved in the “abusive conduct”; and d. Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of "abusive conduct" to which this insurance may also apply. 3. No insureds will, except at their own cost, and without recourse to this policy, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. C. Legal Action Against Us No person or organization has a right under this Coverage Part: 1. To join us as a party or otherwise bring us into a "suit" asking for "damages" from an insured; or 2. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover as a result of an “agreed settlement” or on a final judgment against an insured obtained after an actual trial, but we will not be liable for “damages” PI-SAM-008 (05/19) PI-SAM-008 (05/19) Page 7 of 10 ©2019 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with permission. that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. D. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are limited as follows: 1. Primary Insurance This insurance is primary except when 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 3. below. 2. Excess Insurance If any insured has other insurance providing coverage similar to this insurance, then this insurance shall be excess over and above that other insurance except where such insurance is specifically designated as excess to this policy. When this insurance is excess, we will have no duty to defend any “claim” or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: a. The total amount that all such other insurance would pay for the loss in the absence of this insurance; and b. The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision. 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. 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 limit of insurance of all insurers. E. Premium Audit 1. We will compute all premiums for this Coverage Part in accordance with our rules and rates; PI-SAM-008 (05/19) PI-SAM-008 (05/19) Page 8 of 10 ©2019 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with permission. 2. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium, we will return the excess to the first Named Insured; and 3. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. F. Representations By accepting this policy, the insured agrees: 1. The statements in the Declarations, and in the application for insurance are accurate and complete; 2. Those statements are based upon representations made by the insureds; and 3. We have issued this policy in reliance upon those representations. G. Transfer of Rights of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. H. Two Or More Coverage Parts Or Policies Issued By Us It is our stated intention that the various coverage parts or policies issued to you by us, or any company affiliated with us, do not provide any duplication or overlap of coverage for the same “claim” or “suit.” We have exercised diligence to draft our coverage parts and policies to reflect this intention, but should the circumstances of any “claim” or "suit" give rise to such duplication or overlap of coverage, then, notwithstanding any other provision of this or any other policy, if this policy and any other coverage part or policy issued to you by us, or any company affiliated with us, apply to the same "abusive conduct," professional incident, occurrence, offense, wrongful act, accident or loss, “claim” or “suit,” the maximum limit of insurance under all such coverage parts or policies combined shall not exceed the highest applicable limit of insurance under any one coverage part or policy. This condition does not apply to any Excess or Umbrella policy issued by us specifically to apply as excess insurance over this policy. I. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. PI-SAM-008 (05/19) PI-SAM-008 (05/19) Page 9 of 10 ©2019 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with permission. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION VI – DEFINITIONS A. “Abusive conduct” means all actual, threatened or alleged acts of physical abuse, sexual abuse, sexual molestation, sexual misconduct, sexual exploitation, or sexual injury arising out of a single act, or continuous or repeated exposure of one person or two or more people to multiple acts, of a sexual nature committed by: 1. One person; or 2. Two or more people acting together or in related acts or series of acts. Any act or multiple, continuous, related or repeated acts of “abusive conduct” by one person or two or more people acting together will be deemed one “abusive conduct” and will be deemed to occur only when the first “abusive conduct” takes place, regardless of: a. The number of people injured; b. The time period, including multiple policy periods, over which the “abusive conduct” took place; c. The number of such acts; or d. Whether, in the case of two or more people acting together, each such person participated in each act. B. “Agreed settlement” means a settlement and release of liability signed by the insured and the claimant or the claimant's legal representative, and approved by us. C. “Bodily injury” means bodily injury, sickness or disease sustained by a person. “Bodily injury” includes mental anguish, mental injury, shock, fright or death resulting from physical injury or “abusive conduct.” D. “Claim” means any written demand for monetary relief. E. “Coverage territory” means: 1. The United States of America (including its territories and possessions), Puerto Rico and Canada; 2. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph 1. above; or 3. 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 Paragraph 1. above but is away for a short period of time on your business; provided the insured’s responsibility to pay “damages” is determined in a “suit” on the merits, in the territory described in Paragraph 1. above or in a settlement to which we agree. F. “Damages” means a monetary: PI-SAM-008 (05/19) PI-SAM-008 (05/19) Page 10 of 10 ©2019 Philadelphia Consolidated Holding Corp. Includes copyrighted material of Insurance Services Office, Inc., with permission. 1. Judgment; 2. Award; or 3. Settlement, but does not include fines, sanctions, penalties, punitive or exemplary damages or the multiple portion of any damages. G. “Defense costs” mean any costs to investigate a “claim” or defend a “suit” seeking “damages.” These costs are outside the limits of insurance. H. “Employee” includes a "leased worker" or a “temporary worker.” I. “Leased worker” means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. J. “Suit” means a civil proceeding in which “damages” because of “abusive conduct” to which this insurance applies are alleged. “Suit” also includes: 1. An arbitration proceeding in which such “damages” are claimed and to which you must submit or do submit with our consent; or 2. Any other alternative dispute resolution proceeding in which such “damages” are claimed and to which you submit with our consent. K. “Temporary worker” means a person who is furnished to you to substitute for a permanent “employee” on leave or to meet seasonal or short-term workload conditions. L. “Volunteer worker” means a person who is not your “employee,” and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 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