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HomeMy WebLinkAbout26-074 Dubara LLC for Reusable Foodware Services for City events for 5 yearsCITY OF PROFESSIONAL/CONSULTING SERVICES AGREEMENT CUPERTINO 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation ("City"), and Dubara, LLC ("Contractor"), a Limited Liability Company for Reusable Foodware Services for City Events, and is effective on the last date signed below ("Effective Date"). 2. SERVICES 2.1 Contractor agrees to provide the services and perform the tasks ("Services") set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 2.2 Contractor's duties and services under this agreement shall not include preparing or assisting the City with any portion of the City's preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor's participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement. 3. TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on June 30, 2031 ("Contract Time"), unless terminated earlier as provided herein. The City's appropriate department head or City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City's purchasing policy. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. Reusable Foodware Services for City Events Page 1 of 9 Professional/Consulting Contracts /Version: March 2025 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $15,790.00 ("Contract Price"), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor's actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. 5. INDEPENDENT CONTRACTOR 51 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker's compensation, or other benefits from the City. 5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 5,4 Subcontractors. Only Contractor's employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor's business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Reusable Foodware Services for City Events Page 2 of 9 Professional/Consulting Contracts /Version: March 2025 Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and actual attorney's fees incurred by City in connection with the above. 6. PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, "Work Product"), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third -party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered "works for hire" and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City's written approval. 73 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re -Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub -contractors prepared or created under this Agreement, to execute or implement any of the following: (a) The original Services for which Contractor was hired; (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other City projects. 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single -sided original. Reusable Foodware Services for City Events Page 3 of 9 Professional/Consulting Contracts /Version: March 2025 8. RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor's performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City's final payment. Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided. 9. ASSIGNMENT Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City's contributions in making the project possible. The words "City of Cupertino" will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants ("Indemnitees"), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub -subcontractors; Reusable Foodware Services for City Events Page 4 of 9 Professional/Consulting Contracts /Version: March 2025 (d) Unauthorized use or disclosure of City's confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third -party claim. At City's request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement. 11.3 Contractor's duties under this section are not limited to the Contract Price, workers' compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4 Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, or a purchase order, or other transaction. 11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6 This Section 11 shall survive termination of the Agreement. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor's compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a "public works" component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious Reusable Foodware Services for City Events Page 5 of 9 Professional/Consulting Contracts /Version: March 2025 creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired -Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti -discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub -contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City's rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns Ursula Syrova as the City's representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Meghna Varma as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor's Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City's Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City's pre -approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. Reusable Foodware Services for City Events Page 6 of 9 Professional/Consulting Contracts /Version: March 2025 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17. GOVERNING LAW. VENUE, AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross -complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City's waiver of a breach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party's authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. Reusable Foodware Services for City Events Page 7 of 9 Professional/Consulting Contracts /Version: March 2025 23. HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement. 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. 25. SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: Ursula Syrova Email: ursulas@cupertinc 27. EXECUTION To Contractor: Dubara, LLC 494 W. Sunnyoaks Avenue, Unit B Campbell, CA 95008 Attention: Meghna Varma Email: meghna@dubara.com The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. SIGNATURES CONTINUE ON THE FOLLOWING PAGE. Reusable Foodware Services for City Events Page 8 of 9 Professional/Consulting Contracts /Version: March 2025 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO A Municipal Corporation By Name Chad Mosley Director of Public Works Title Date May 14, 2026 APPROVED AS TO FORM: MICHAEL K. WOO Senior Assistant City Attorney ATTEST: Lar ear sap v LAUREN SAPUDAR City Clerk Date May 14, 2026 Reusable Foodware Services for City Events CONTRACTOR By Name Meghna Varma Title Founder Date May 13, 2026 Page 9 of 9 Professional/Consulting Contracts Version: March 2025 Exhibit A- Scope of Services For each event, dubara will do the following: Pre -Event Coordination: a. City of Cupertino Staff to complete dubara's event intake form (4 weeks prior to event), followed by a virtual or in -person meeting. b. dubara recommends reusable foodware types and quantities by item (plates, bowls, cups, forks, spoons, knives, serving utensils, etc.), based on intake form. Please note: If the intake form is completed within two weeks from the event, the inventory options or availability reduces, so please book events in advance. c. Confirm with the City of Cupertino Staff on the aesthetics (stainless steel, ceramic/porcelain etc.) of the reusables, and the quantity required for each item. d. Review the floor plan or space for each event and suggest the placement of recollection bins and signage Supply of Reusable Foodware: a. Provide pre -washed, inspected, and packed reusable foodware in appropriate quantities for each event. b. Offer multiple reusable foodware items, material and style options to match formality and food menu. c. Provide tablemat on which reusables are placed along with the cutlery stand, serving utensils, and any necessary accessories like signage required for the tableware. d. dubara does not provide reusable and/or disposable napkins. City of Cupertino Staff will be responsible for providing/sourcing the napkins. If our support is needed, it can be added on to the package at an additional cost. Signage and Recollection bins: a. dubara provides bold, clear, instructional signage highlighting waste sorting and explaining how to use and return reusables. b. dubara provides recollection bins, the quantity and bin size will vary based on the event size. Collection and Off -site Washing: a. City of Cupertino is responsible for ensuring all reusables are placed in the provided reusable bins and ready for dubara to pick up the post event. b. City of Cupertino is responsible for ensuring no soda cans, juices, and other waste items are put in the dubara provided recollection bins. Additionally, all leftover foods are scraped from the plates and bowls; and liquid is thrown out as best as possible prior to placing in the recollection bins. c. dubara will collect all reusable foodware bins after the event and transport items to the offsite washing facility. d. Dubara wash and sanitize foodware and the recollection bins using commercial equipment and procedures that meet applicable health and safety standards. e. We then inspect, count, sort, and prepare items for future use. Post -Event Reporting: a. Provide a brief report summarizing quantities delivered, returned, used, unused, and lost/damaged. We also provide an estimated waste reduced and diverted (single - use plastics/disposables avoided) to support the City of Cupertino's sustainability metrics. Onsite Operations (Is available at an additional cost, but not applicable to this proposal.): a. Provide trained staff members to manage deposit collection and refund process; and coordinate with food trucks related to inventory management if running low, and deposit system b. Monitor and support the attendees to sort waste correctly, and return the reusables foodware at designated points and troubleshoot issues in real time. c. dubara will not be responsible for the collection of any landfill, compost, or recycle waste collections. d. dubara will support the deposit/refund process along with the food truck vendors to ensure a seamless experience to all attendees. Event -Specific Execution Plan We've provided an estimated budget and recommendation of reusables tableware type and quantities, based on the information we currently know from the revised RFP. Please note, prior to every event, a new estimate, invoice, and sub -contract will be provided based on the intake form for each event. Note: The estimated budget per event noted below are inclusive of the reusables, delivery, pick-up, washing, technology integration, and impact reporting per event. So you can consider the estimate and contingency budget (absorbing 10% contingency inventory cost only) as the "not to exceed number" for each event. Public Works Week Lunch: • Event Month (Length): May (1.5-2 hours) • Number of Attendees: 80 attendees • Event Type: Outdoor, Informal • Number of Reusables: 80 Lunch Plate, 80 Glasses, 80 Cutlery (Forks and/or Spoons and/or Knives) • Material of reusables suggested: Stainless Steel • Onsite Support: Not Required • dubara Support staff: Not Required • Delivery: Delivered 1- 2 hours prior to the event per City of Cupertino requirement. • Set-up: Not Required. Signage and instructions will be provided for recollection area set-up. The city of Cupertino is responsible for set-up. • Pick-up: Done Same Day, 1- 2 hour after the event or as requested • No. of Bins provided: 3-4 bins of 16 gallon bins • Contingency Tableware: 10% provided in a separate box at no additional cost. If additional inventory is needed beyond the base value, that will cost at the per person price quoted for the event. • Technology Integration for deposit/ refund: Not Required. • All Inclusive Per Person Price: $2.82 • Estimated All Inclusive Event Budget: $225.50/event Employee Summer Picnic: • Event Month (Length): June/July (1.5 - 2 -hours) • Number of Attendees: 180 attendees • Event Type: Outdoor, Informal • Number of Reusables: 180 Lunch Plates, 180 Glasses, 180 Cutlery (Forks and/or Spoons and/or Knives) • Material of reusables suggested: Stainless Steel • Onsite Support: Not Required • dubara Support staff: Not Required • Delivery: Delivered 1- 2 hours prior to the event • Set-up: Not Required. Signage and instructions will be provided for recollection area set-up. The city of Cupertino is responsible for set-up. • Pick-up: Done Same Day, 1- 2 hours after the event or as requested • No. of Bins provided: 8 -10 (16 Gallons) or 3-4 bins (32 gallon bins) • Technology Integration for deposit/ refund: Not Required. • Contingency Tableware: 10% provided in a separate box at no additional cost. If additional inventory is needed beyond the base value, that will cost at the per person price quoted for the event. • All Inclusive Per Person Price: $2.82 • Estimated All Inclusive Event Budget: $507.00/event Cupertino Recognizes Extra Steps Taken (CREST) Awards: • Event Month (Length): October/November (2 - 2.5hours) • Number of Attendees: 250 attendees • Event Type: Indoor, Formal • Number of Reusables: 250 Dinner Plates, 250 Dessert Plates, 250 Glasses (one type), 250 Coffee mugs (4oz) 250 Cutlery (Forks and/or Spoons and/or Knives), Serving Utensils as required depended on Food Menu. Any additional items like Coffee/Tea Urn or Chafing Dishes will be treated as add-ons, estimated separately. • Material of reusables suggested: Ceramics/Porcelain (Option to choose stainless steel tableware) • Onsite Support: Not Required • dubara Support staff: Not Required • Delivery: Delivered 2 hours prior to the event • Set-up: Not Required. Signage and instructions will be provided for recollection area set-up. The city of Cupertino is responsible for set-up. • Pick-up: Done Same Day, 1 hour after the event or as requested • No. of Bins provided: 15 - 20 (16 gallons) bin or special recollection containers for ceramics to ensure zero breakage. • Technology Integration for deposit/ refund: Not Required. • Contingency Tableware: 10% provided in a separate box at no additional cost. If additional inventory is needed beyond the base value, that will cost at the per person price quoted for the event. • All Inclusive Per Person Price: $3.45 • Estimated All Inclusive Event Budget: $862.50/event Employee Holiday Luncheon: • Event Month (Length): December (1.5 -2 hours) • Number of Attendees: 180 attendees • Event Type: Indoor, Formal • Number of Reusables: 180 Lunch Plates, 180 Glasses, 180 Cutlery (Forks and/or Spoons and/or Knives) • Material of reusables suggested: Ceramics/Porcelain (Option to choose stainless steel tableware at the lower price point) • Onsite Support: Not Required • dubara Support staff: Not Required • Delivery: Done 2 hours prior to the event • Set-up: Not Required. Signage and instructions will be provided for recollection area set-up. The city of Cupertino is responsible for set-up. • Pick-up: Done Same Day, 1- 2 hours after the event • No. of Bins provided: 10 -15 (16 gallons) bins or special recollection containers for ceramics to ensure zero breakage. • Technology Integration for deposit/ refund: Not Required. • Contingency Tableware: 10% provided in a separate box at no additional cost. If additional inventory is needed beyond the base value, that will cost at the per person price quoted for the event. • All Inclusive Per Person Price: $3.13 • Estimated All Inclusive Event Budget: $563.00/event dubara's Inventory and Equipment: Dubara maintains an extensive inventory across multiple material categories to meet diverse aesthetic and functional requirements for everyday events and celebrations: Stainless Steel Collection • Our flagship inventory includes high quality, durable, food -grade stainless steel reusables foodware, ideal for both formal and informal events: • Dinner plates (10, 11 inch) • Salad/dessert plates (8, 7, 6 inch) • Deep bowls (4, 16 oz and ~32 oz) • Glasses (10oz, 16 oz ) • Coffee Cups (4oz, 8oz - are double walled) • Full cutlery sets ( forks, knives, sporks, spoons) • Serving platters and utensils (chaffing dish, cake & pastry utensils) Ceramic/Bone China Collection • Elegant high -end quality bone china and tempered glass ceramics collection makes a perfect option for formal indoor events like CREST Awards and Holiday Luncheon • We have two main designs collection ware to offer for City of Cupertino events in the price range we have provided. • The collection includes varying dinners plate sizes, matching salad plates, bowls, tea cup and saucer, coffee mugs, We are always adding new collections and reusable material type inventory offerings and we will keep the City of Cupertino updated with our inventory option changes during the course of the 5 years contract. Current Inventory catalog provided. All our inventory is maintained to California health and safety standards with regular inspection and replacement cycles to ensure consistent quality. Reusable Recollection Bins (Pictures provided in the inventory Catalog) • White/Beige 16 and 14 gallons Recollection bins that works well for events events up to 250 guests • Commercial grade 32 gallons white or yellow bins that works for events with more than 200 people • We are exploring smart bin options and custom bin designs for dubara's reusable service which will be available in the future years on this contract term . Recollection of Reusable, Deposits & Technology Integration Recollection instructions are provided prior to each event. Our standard process is to collaborate with the City to Cupertino to determine the recollection areas depending on the available space. • Placing them next to entry/ exit points and should be in line of sight for the attendees • Placing the recollection bins next to compost and/ or liquid collect and away from the landfill bins. • Reusables bins can be filled up to 70% - 80% capacity. POS Integration Capabilities: Available, but not required for this proposal. Expected Outcomes (based on similar events we've supported) • We have a 96% - 100% return rate with properly informing audiences from the beginning of the events (Marketing on tickets, reminder communications, during the event) • Minimal Loss requiring replacement (Typically under 4- 5 %) • Positive attendee feedback on the zero waste initiatives • Food vendor/ carters enjoy our collaborative approach and find it easy once our system process is explained and streamlined for them Event Attendees/yr Disposables Eliminated/yr - Waste Diverted/yr Public Works Week 80 450- items -166 lbs Summer Picnic 180 720+ items ~375 lbs Crest Award 250 1,750+ items ~520 lbs Holiday Luncheon 180 720+ items 375 lbs Annual Total 690 3,640+ items -1,436 lbs Over a period of Five-year impact: The reusable events program would have served 3,450 people and over 18,200 disposable items would have been eliminated and diverted from landfills and oceans, preventing approximately 7,180 pounds of waste. Signage and Marketing Deliverables Our purposefully designed signage is created to ensure clarity, simplicity and quick understanding of the instructions provided to make the reuse program at any event a success by ensuring maximum return rate, and reduced loss rate of inventory; all while making the visual experience bold and memorable for the event attendees. For the purposes of this contract, we will work with the City of Cupertino to customize and brand the all necessary posters, signage, marketing instructions and educational materials such as the annual impact report and the five-year end case study. • Welcome Signage: We provide a post at the entrance of all our events informing the attendees that it is a zero -waste, planet -friendly event and reusables inventory must be returned before leaving the event. This is provided with a stand alone easel • Instructional Signage: Visually bold, with fun messaging on reuse and clear, concise instructional signage is provided for the following areas: a. Buffet Tables or at the food trucks area to inform about the reusables plates, bowls, cutlery b. Water Stations Area to inform about the glasses, specifically the stainless steel glasses can with labels with Sharpie Makers ( also provided) so the attendee can hold one to their glasses of multiple refills. c. Recollection Areas: All recollection bins have signage on them and waste sorting instruction before placing the reusables in the bins d. Waste Sorting Signage provided either has banners or posters depending on the event size • Marketing and Educational deliverables: We will work with the City of Cupertino to all necessary messaging pertaining to reusables this means and is not limited to: a. Reusable Educational content only on Event page, tickets, on - site posters, announcements at the start, during and end of the events to inform attendees b. Marketing Content Usage rights: Pictures, Videos captured during the reusables event can be used by dubara and City of Cupertino and collaboratively we can promote the events on traditional and social media channels as deemed fit and agreed upon with the City of Cupertino. Service Level Agreement • Dubara is committed to the following service standards in the revised Scope of work ( four events) and Master Contract Agreement of the City of Cupertino. • On -time delivery: 100% on -time delivery and pickup • Cleanliness: All foodware professionally washed and sanitized to health standards • Inventory accuracy & Event Reporting: Deliver quantities agreed upon in pre - event planning and provide the impact report 7 -10 business days after the event. • Communication: Our team will respond within 48 hours either via email, or phone call to all inquiries from the City of Cupertino. • Washing Off -site: All used inventory will be washed at a commercial dishwashing facility that will have a three -sink system for manual washing and/ or a commercial dishwasher for higher volume washing. • Adhering to Health & Safety Codes: Ensuring correct drying method, inspections and packaging per the industry and California health and Safety requirements • Loss/Damage policy: Due to the nature of the material type of dubara's inventory i.e. stainless steel and bone china ceramics, we require a loss/damage fee be paid for the particular item lost/damaged. • The fee is charged based on the cost we need to incur to procure the inventory. • In good faith, the loss/damage fee rate we're providing the City of Cupertino is discounted and matches the bulk rate pricing vs retail pricing. • The loss/damage fee is an additional cost and only invoiced post the event once we've shared the impact report with the City of Cupertino. • Payment for Loss/Damage fee payment can be made via check or ACH payment methods. • Loss/Damage Fees can be seen in Table 1 in the per item pricing structure at the end of this proposal. Total Estimated Investment for this Contract: $15,790.00 over five years for 20 events Environmental Impact: 3,640+ disposable items diverted, and 1,436 lbs waste avoided Sustainability Impact Reporting: 4 reports/year and 1 case study for the entire initiative Community Benefit: Zero -waste events that educate and inspire residents changes like add on, or increased number of attendees or lost fees for your events. Exhibit B & C- Schedule of Performance and Compensation During the Five -Year Contract with the City of Cupertino, the prices listed below are fixed and not subject to change, unless the scope of work for the reusables foodware service initiative changes. Event Attendees Event Per Annual Event Five -Year Event / year Person Rate Budget Budget Public Works Week 80 $2.82 $255.50 $1,127.50 (May) Summer Picnic 180 $2.82 $507.00 $2,535.00 (Jun/Jul) Crest Award (Oct/Nov) 250 $3.45 $862.50 $4,132.50 Holiday Luncheon 180 $3.13 $563.00 $2,815.00 (Dec) Contingency Buffer N/A N/A $1,000 $5,000 Budget* Total 690 N/A $2,188.00 $15,790.00 *Note: The Contingency Budget is intended to be used in a few ways such as to cover the loss/damaged cost of inventory; and/or if the event ends up having more than the 10% contingency of attendees then it will cover the per/person for those additional attendees; and/or any additional items needed to rent out during the event serving spoons, platters or cake stand etc. Five -Year Reusables Foodware Service Contract Estimate: $15,790.00 total investment for City of Cupertino (this is the "not to exceed total amount" for this scope) delivers a comprehensive reusables foodware service for 20 events and catering to approximately 3,450 people during the contract period of 2026 - 2030. What's included in the service cost for each event? As outlined in the scope of work, specific event plans, we've additionally noted it below: • Pre -event collaboration and foodware selection • Reusables inventory of plates, bowls, cutlery, glasses, cups, serving utensils and recollection bins, • Labor/Staffing needs for on -site support as needed at an additional cost ( not included for this proposal.) • Operations and Logistics: delivery, pick-up and commercial washing & sanitization • Inventory management and Technology Integrations • Custom Signage and marketing support • Impact tracking and reporting, for each event through the five-year contract. Pricing for individual reusables items are available in Table 1 that shows reusables foodware type, rental pricing, and loss/damage fee. Please note: When selecting reusable items for events, the default per -person rate provided the Event Pricing Table 1 is applicable by material type of the reusables (i.e.Stainless Steel or Bone China Ceramics). Contract Terms We are committed to serving City of Cupertino for the Five -Year Agreement Contract as outlined in the scope of work, while provided the following: Flexibility: Ability to request reusables for an event at least 14 business days prior to the event. Cancellation: If an event needs to be cancelled, please provide ideally 10 business days notice, so we can release inventory for other events. • No -Service Cancellations: If an event is cancelled and dubara has not rendered any service, no cancellation fee will be charged. • Rollover terms: City of Cupertino has the flexibility to use the cancelled event cost towards another City event in the following year. The credits will be applied to any event with the same or higher per person rate. • The full event cost may be rolled over toward another City event in the following year. However, if the event proceeds and dubara is not engaged and not given a 10 business day notice, we will charge a nominal 10% inventory blocking fee as we would be reserving our inventory and labor for the city events. • Example for cancellation and/or Rollover credits: • Cancelled event: Employee Summer Picnic for 180 guests at $2.82/person = $507.00 • Credit application: The full $507.00 credit can be applied toward the CREST Awards event ($3.45/person) to accommodate an additional 147 guests beyond the contracted 250 attendees • Calculation: $507.00 - $3.45/person = 147 additional guests covered Inventory Blocking Fee: If an event proceeds as scheduled but Dubara's services are not utilized and the City has not provided 5 business days advance notice, a 10% inventory blocking fee will be charged. • Rationale: Dubara reserves inventory and labor specifically for contracted City events during this period • Example: For a $507.00 event, the blocking fee would be $50.70 Pricing stability: The per -person pricing for each of the events is fixed for the full term of the contract and is the "not to exceed amount", as long as the scope of work does not dramatically shift or change. • Examples of scope creep or shift in scope are provided here, but not limited to these - Attendance increases from a 250 person event to 350 event or Requesting double the amount of inventory for a particular event or on -site support required for small events. • Below is the cost variance calculation per the above example: • If actual attendance significantly exceeds the estimated guest count, additional charges will apply based on the fixed per - person rate. • Example: For the CREST Awards event: • Estimated attendance: 250 guests at $3.45/person = $862.50 • If attendance increases by 40%: 350 guests at $3.45/person = $1,207.50 • Additional cost: $345.00 only • Dubara's Flexibility Commitment: To accommodate natural fluctuations in attendance, Dubara will absorb up to a 10% increase in guest count at no additional charge. Using the CREST Awards example: • Up to 275 guests (10% increase): No additional cost beyond the $862.50 quoted • 276+ guests: Additional per -person charges apply at the fixed rate of $3.45/pp This policy applies to all four events per year, providing budget predictability while allowing reasonable flexibility for attendance variations. Performance reviews: Bi-annual evaluation meetings to assess service quality and discuss improvements, and any other requirements that will better our service. Payment Terms: Invoicing: We prefer 50% advance (refundable in this case, if scheduled or cancelled) and 50% post the event. Also aligned with the compensation structure included in the Master Contract Agreement provided by the City of Cupertino. Payment method: Check or ACH transfer accepted Table 1: dubara Inventory Pricing Sheet dubara Inventory Pricing Sheet Item Code Picture Product Type Discounted Rental Price Loss/Damage Fee SSNC: 001 Ripples NEW ROUND PLATE $2.00 $8.86 MEDIUM (11") SSNC: 002 Ripples NEW ROUND PALTE $1.70 $6.00 SMALL (8.75') SSNC: 003 Double Walled Cup (4oz) $0.80 $4.57 SSNC: 004 Eya Platetr (sm) $2.00 $4.95 SSNC: 005 ` Eya Platter (Ig) $1.70 $6.86 SSNC: 006 Hxa Diamond Basket 2.30 $6.57 SSNC: 007 Double Walled Cup (8oz) 0.80 $5.57 SSNC: 008 Icecream Cup (8oz) 1.40 $5.57 SSST: 001 Basic Bowl ( 13oz) $0.60 $3.12 SSNC: 009 r - \ Forks 0.35 $0.90 SSNC: 010 flSpoons 0.35 $0.90 SSNC: 011 r Dessert Spoons 0.35 $0.90 SSNC: 012 .- Spork 0.35 $1.10 SSNC: 013 r Knives 0.45 $1.45 U SSST: 007 s ;- 5 -compartment plate $3.50 $7.50 SSST: 002 Round SS Dinner Plate 10" $0.80 $5.24 SSST: 003 Round SS Salad Plate 8" $0.60 $2.85 SSST: 004 Round SS Dessert Plate 6" $0.60 $2.35 SSST: 005 SS Glass 7" 10oz $0.70 $2.79 SSST: 006 SS Glass 7.5" 16oz $0.70 $3.40 CBNC: 001 — Serving Utensils & Ladles $0.80 $2.75 CBNC: 002 �a!a- Ceramic Dinner Plate 10" $2.50 $8.45 Nh CBNC: 003 %&W , Ceramic Dinner Plate 8" $2.00 $7.80 CBNC: 001 b!s_ , Ceramic Dinner Plate 6" $1.00 $7.80 CBNC: 004 Ceramic Bowl 4" $0.70 $5.20 CBNC: 005 Ceramic Tea Cup 7oz $0.90 $7.15 CBNC: 001 �� Ceramic Tea Saucer $0.50 $3.25 Note the pictures in this file are not a full representation of our product inventroy and there will be a couple more options to choose from for ceramics, cutlery, and serving utensils. EXHIBIT D Insurance Requirements Professional Consultant Contracts Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) with coverage at least as broad as Insurance Services Office (ISO) Form CG 00 01, with limits no less than $2,000,000 per occurrence and $2,000,000 general aggregate. The policy shall include a per project or per location general aggregate endorsement as broad as CG 25 03 or CG 24 04. If a per project/location endorsement is not available, the limit of the general aggregate shall be doubled. a It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b Additional Insured coverage under Consultant's policy shall allow and be endorsed "primary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as the most recent edition of ISO Form CG 20 01. c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess liability insurance, provided each policy follows form of the underlying policy and complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City. The City's own insurance or self-insurance shall not be called upon. 2 Automobile Liability: Coverage shall be provided using ISO CA 00 01 covering any auto (including owned, hired, and non -owned autos) with limits no less than $1,000,000 each accident for bodily injury and property damage. ❑ Not required. Consultant shall be fully remote and not use automobiles to provide the service. In the event Consultant uses an automobile or automobiles in the operation of its business to provide services under this Agreement, the Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non -owned and hired autos (any auto -Symbol 1), or if Consultant does not own autos (hired autos -Symbol 8 and non -owned autos -Symbol 9). Evidence shall be provided with a Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non- contributory coverage and endorsement, and waiver of subrogation coverage and endorsement under the policy prior to the use of any automobile. Consultant has provided written confirmation that it does not own any autos. Consultant shall provide coverage for hired autos -Symbol 8 and non -owned autos -Symbol 9. Primary and Non -Contributory coverage and Waiver of Subrogation coverage is waived under the Automobile Liability hired and non -owned only coverage. In the event Consultant uses an owned automobile or automobiles in the operation of its business to provide services under this Agreement, the Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non -owned and hired autos (any auto -Symbol 1). Exh. D -Insurance Requirements for Professional Consultant Contracts Version: May 2025 ❑ In lieu of Business Automobile Liability, Consultant shall maintain throughout the term of this Agreement and provide the City with evidence (including the policy Declarations Page) of personal automobile insurance coverage in accordance with the laws of the State of California. As available under the policy, evidence shall be provided with the Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non-contributory coverage and endorsement, and waiver of subrogation coverage and endorsement. City approval of coverage is required prior to commencement of services. 3. Workers' Compensation: As required by the State of California, with Statutory Limits and Employer's Liability Insurance of no less than $1,000,000 each accident/ disease. O Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, if applicable and as appropriate to Consultant's profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims -made basis form: a The Retroactive Date must be shown and must be before the Effective Date of the Contract. b Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of the Services. OTHER INSURANCE PROVISIONS The aforementioned insurance policies shall contain, be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, and volunteers ("Additional Insureds") are to be covered and endorsed as additional insureds on Consultant's CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant's insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or if not available, through the addition of both CG 20 10 and CG 20 37 forms, if later editions are used). Primary and Non -Contributory Coverage Except Workers Compensation, coverage afforded to City/Additional Insureds shall allow and be endorsed primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant's insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. If a carrier will not provide the required notice of cancellation or policy modification, the Consultant shall provide written notice to the City of a cancellation or policy modification no later than 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the General Liability, Automobile Liability and Workers' Compensation policies shall allow and be endorsed with a waiver of subrogation in favor of City, its employees, agents and volunteers. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Exh. D -Insurance Requirements for Professional Consultant Contracts Version: May 2025 Deductibles and Self -Insured Retentions Any deductible or self -insured retention must be declared to and approved by the City (Insert on the Certificate of Insurance, if zero, insert "$0"). At City's option, either: the insurer must reduce or eliminate the deductible or self -insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A - VII or higher. Verification of Coverage Consultant must furnish acceptable insurance certificates and amendatory endorsements (or copies of the policies effecting the coverage required by this Contract), including a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including indemnification, defense, and naming the City as an additional insured on subconsultant's insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. Exh. D -Insurance Requirements for Professional Consultant Contracts Version: May 2025 ACaRO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMfDDIYYYYj f`� 04/09/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Stephen Charles -Kendall NAME: Adelie Risk Advisors, LLC PHONE FAl Esti:ICNo: EMAIL ste hen.chadeskendall adelieriskadvisors.com ADDRESS: P Q 6555 Lon shore Street 9 INSURER(S) AFFORDING COVERAGE NAIC 0 Suite 200 20702 Dublin OH 43017 INSURERA: ACE Fire Underwriters Insurance Company INSURER B: Federal Insurance Company 12890 INSURED Dubara, LLC INSURERC: ACE American Insurance Company 22667 494 W Sunnyoaks Avenue Unit B INSURER D: INSURER E: Campbell CA 95008 : INSURERF' COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IR TYPE OF INSURANCE AbLC51iBR POLICY POLICY NUMBER MJ MD LTR /YYYY MM/DDIYYYY LIMITS LT X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 LAS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 5,000 A Y Y 003613732 04/01/2026 04/01/2027 PERSONAL&ADVINJURY $ 4,000,000 GEMLAGGREGATE LIMIT APPLPEE PER: $ 4,000,000 GENERAL AGGREGATE X POLICY n JET I LOC PRODUCTS-COMP/OPAGG $ 4,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SIE UMIT accident BODILY IPIIURY(Perperson) ANYAUTO $ 1,000,000 A OWNED SCHEDULED AUTOS ONLY ALTOS Y Y 003613732 04/01/2026 04/01/2027 BODILY INJURY(Peraeoident) S $ 1,400,000 HIRED \/ NON -OWNED AUTOS ONLY /� AUTOS ONLY PROPERTY DAMAGE Per accident), $ 2,000,000 Aggregate UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS UAB I CLAIMS -MADE DED I RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETORiPARTNERJEXECUTIVE YIN OFFICERIMEMBEREXCLUDED? ❑ (Mandatory NIA 7182-64-01 in NH) E.L. DISEASE - EA EMPLOYEE $ 04/01/2026 04/01/2027 K PER OTH- STATUTE ER EL. EACH ACCIDENT $ 1,000,000 1,000,000 M s, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 Each Claim $2,000,000 C Professional Liability Y Y D03613756 03/18/2026 03/18/2027 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached if more space is required) The City of Cupertino, its City Council, officers, officials, employees, agents, and volunteers are added as additional insureds as required by written contract in regards to general liability and auto liability coverage, per attached. The General Liability policy is primary and noncontributory were required by written contract with the named insured. A Waiver of subrogation is granted in favor of the additional insureds with respect to General Liability and Workers Compensation in accordance with the policy's provisions, per attached. Coverage shall not be canceled, or allowed to expire, except with written notice to City of Cupertino 30 days in advance or 10 days in advance if due to non-payment of premiums. CERTIFICATE HOLDER CANCELLATION The City of Cupertino, Its Officials & Employees 10300 Torre Ave Cupertino, CA 95014 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Signed by: ACORD 25 (2016103) Cc� 19 The ACORD name and logo are registered marks of ACORD ORATION All rinhts reserved H U E2 8 " ACE Fire Underwriters Insurance Company Businessowners Policy Declarations This Policy is issued by the stock insurance company listed above ("Insurer"). Policy Number: D03613732 Renewal of: New Named Insured & Principal Address: DUBARA, LLC 494 West Sanios Avenue Campbell, CA 95008 ADVANCED PREMIUM $404.00 Admitted Status: Admitted Policy Period Auditable Status: Yes Auditable Period: Annual From 04-01-2026 To 04-01-2027 12:01 AM Standard Time at your Principal address shown IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE INSURANCE AS STATED IN THIS POLICY Business Description: Services Section 2. LIABILITY Described Premises: 494 West Sanios Avenue, Campbell, CA 95008 Prem. No. Classification Class Code Rating Basis Premium Basis Premium Prem/Ops PR/CO 1 Consultant- Event Planning 65171 Payroll 33,600 $66 0 LIMITS Other than Products/Completed Operations Aggregate Products/Completed Operations Aggregate Liability and Medical Expenses Damage to Premises Rented to You Medical Expense Combined Total Aggregate Item C. OPTIONAL COVERAGES (LIABILITY) $4,000,000 $4,000,000 $2,000,000 $1,000,000 $5,000 $4,000,000 Total Optional Coverages Premium: Total Terrorism (TRIA) Premium: Total General Liability Premium: Total Policy Premium: Per Occurrence Any One Premises Per Person All Locations Combined $334 $8 $62 $404.00 CBBOP3001o623 ©2017 Page 1 of 3 Item E. COVERAGE FORMS Form Number Edition Title CBBOP3001 0623 BUSINESSOWNERS POLICY DECLARATIONS CC1K11K 0422 SIGNATURES BP0003 0713 BUSINESSOWNERS COVERAGE FORM BOP43603 0814 GENETICALLY MODIFIED ORGANISM OR SUBSTANCE EXCLUSION POLLUTION, ORGANIC PATHOGEN, SILICA, ASBESTOS AND LEAD EXCLUSION WITH HOSTILE BOP43862 0914 FIRE AND HUMAN FOOD PRODUCT EXCEPTIONS BOP47635a 0716 BUSINESSOWNERS LIABILITY ENHANCEMENTS ENDORSEMENT BOP51381 1018 OPIOIDS GOODS OR PRODUCTS EXCLUSION - TOTAL CBBOP5002 0225 HIRED AUTO AND NON -OWNED AUTO LIABILITY BP0501 0702 CALCULATION OF PREMIUM BP0598 0713 AMENDMENT OF INSURED CONTRACT DEFINITION BP1402 0713 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS BP1486 0713 COMMUNICABLE DISEASE EXCLUSION BP1488 0713 PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION EXCLUSION -ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION BP1505 0514 AND DATA -RELATED LIABILITY - LIMITED BODILY INJURY EXCEPTION NOT INCLUDED BP0523 0115 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM BOP48573 0117 LEAD EXCLUSION BOP47643 0316 EMPLOYMENT -RELATED PRACTICES EXCLUSION BOP45068 1214 PROPERTY COVERAGE PART EXCLUSION BOP48528 1016 ASBESTOS, SILICA OR SIMILAR COMPOUNDS, INCLUDING MIXED DUST EXCLUSION ILP001 0104 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS ALL21101 1106 TRADE OR ECONOMIC SANCTIONS ENDORSEMENT BOP50397 0518 MARIJUANA EXCLUSION BP0515 1220 DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT ALL20887b 1017 CHUBB PRODUCER COMPENSATION PRACTICES AND POLICIES BOP55936 0721 AMENDMENT OF PERSONAL AND ADVERTISING INJURY DEFINITION (WITH INTELLECTUAL PROPERTY EXCLUSION) BOP57291 0622 DESIGNATED COUNTRY OR REGION EXCLUSION CBBOP1001 0623 NOTICE TO REPORT A CLAIM OR CHECK CLAIM STATUS BP0155 0720 CALIFORNIA CHANGES CBBOP3001o623 ©2017 Page2of3 Item F. Notice under this Policy shall be given to: Chubb North America Claims P.O. Box 5122 Scranton, PA 18505-0554 Toll Free: 844-539-3801 claims.smallbusiness@chubb.com Item G. Producer Name and Mailing Address ADELIE RISK ADVISORS LLC 6555 LONGSHORE ST STE 200 DUBLIN, OH 430172944 Item H. Producer Code: ZC1635 IN WITNESS WHEREOF, the Insurer has caused this Policy to be signed by its President and Secretary, and countersigned by a duly authorized representative of the Insurer. DATE: 03-20-2026 Authorized Representative CBBOP3001o623 ©2017 Page3of3 HUBB® SIGNATURES Named Insured Endorsement Number DUBARA, LLC CClKllK0422 Policy Symbol Policy Number Policy Period Effective Date of Endorsement SER D03613732 04-01-2026 to 04-01-2027 04-01-2026 Issued By (Name of Insurance Company) ACE FIRE UNDERWRITERS INSURANCE COMPANY THE ONLY COMPANY APPLICABLE TO THIS POLICY IS THE COMPANY NAMED ON THE FIRST PAGE OF THE DECLARATIONS. By signing and delivering the policy to you, we state that it is a valid contract. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA (A stock company) BANKERS STANDARD INSURANCE COMPANY (A stock company) ACE AMERICAN INSURANCE COMPANY (A stock company) ACE PROPERTY AND CASUALTY INSURANCE COMPANY (A stock company) INSURANCE COMPANY OF NORTH AMERICA (A stock company) PACIFIC EMPLOYERS INSURANCE COMPANY (A stock company) ACE FIRE UNDERWRITERS INSURANCE COMPANY (A stock company) WESTCHESTER FIRE INSURANCE COMPANY (A stock company) 436 Walnut Street, P.O. Box 1000, Philadelphia, Pennsylvania 19106-3703 BRANDON PEENE, Secretary JOHN J. LUPICA, President Authorized Representative CC-iKiik (04/22) BUSINESSOWNERS BP 00030713 BUSINESSOWNERS COVERAGE FORM Various provisions in this policy restrict coverage. (5) Personal property owned by you that is Read the entire policy carefully to determine rights, used to maintain or service the buildings duties and what is and is not covered, or structures or the premises, including: Throughout this Coverage Form, the words "you" and (a) Fire extinguishing equipment; "your" refer to the Named Insured shown in the (b) Outdoor furniture; Declarations. The words "we", "us" and "our" refer to the company providing this insurance. (c) Floor coverings; and In Section II — Liability, the word "insured" means any (d) Appliances used for refrigerating, person or organization qualifying as such under ventilating, cooking, dishwashing or Paragraph C. Who Is An Insured. laundering; Other words and phrases that appear in quotation (6) If not covered by other insurance: marks have special meaning. Refer to Paragraph H. (a) Additions under construction, Property Definitions in Section I — Property and alterations and repairs to the Paragraph F. Liability And Medical Expenses buildings or structures; Definitions in Section II — Liability. (b) Materials, equipment, supplies and SECTION I — PROPERTY temporary structures, on or within A. Coverage 100 feet of the described premises, used for making additions, We will pay for direct physical loss of or damage to alterations or repairs to the buildings Covered Property at the premises described in the or structures. Declarations caused by or resulting from any Covered Cause of Loss. b. Business Personal Property located in or on the buildings or structures at the described 1. Covered Property premises or in the open (or in a vehicle) Covered Property includes Buildings as within 100 feet of the buildings or structures described under Paragraph a. below, Business or within 100 feet of the premises described Personal Property as described under in the Declarations, whichever distance is Paragraph b. below, or both, depending on greater, including: whether a Limit Of Insurance is shown in the (1) Property you own that is used in your Declarations for that type of property. business; Regardless of whether coverage is shown in the Declarations for Buildings, Business (2) Property of others that is in your care, Personal Property, or both, there is no custody or control, except as otherwise coverage for property described under provided in Loss Payment Property Loss Paragraph 2. Property Not Covered. Condition Paragraph E.5.d.(3)(b); a. Buildings, meaning the buildings and (3) Tenant's improvements and structures at the premises described in the betterments. Improvements and Declarations, including: betterments are fixtures, alterations, installations or additions: (1) Completed additions; (a) Made a part of the building or (2) Fixtures, including outdoor fixtures; structure you occupy but do not own; (3) Permanently installed: and (a) Machinery; and (b) You acquired or made at your (b) Equipment; expense but cannot legally remove; (4) Your personal property in apartments, (4) Leased personal property which you rooms or common areas furnished by have a contractual responsibility to you as landlord; insure, unless otherwise provided for under Paragraph 1.b.(2); and BP 00 03 07 13 © Insurance Services Office, Inc., 2012 Page 1 of 53 (5) Exterior building glass, if you are a tenant and no Limit Of Insurance is shown in the Declarations for Building property. The glass must be owned by you or in your care, custody or control. 2. Property Not Covered Covered Property does not include: a. Aircraft, automobiles, motortrucks and other vehicles subject to motor vehicle registration; b. "Money" or "securities" except as provided in the: (1) Money And Securities Optional Coverage; or (2) Employee Dishonesty Optional Coverage; c. Contraband, or property in the course of illegal transportation or trade; d. Land (including land on which the property is located), water, growing crops or lawns (other than lawns which are part of a vegetated roof); e. Outdoor fences, radio or television antennas (including satellite dishes) and their lead-in wiring, masts or towers, signs (other than signs attached to buildings), trees, shrubs or plants (other than trees, shrubs or plants which are part of a vegetated roof), all except as provided in the: (1) Outdoor Property Coverage Extension; or (2) Outdoor Signs Optional Coverage; f. Watercraft (including motors, equipment and accessories) while afloat; g. Accounts, bills, food stamps, other evidences of debt, accounts receivable or "valuable papers and records"; except as otherwise provided in this policy; h. "Computer(s)" which are permanently installed or designed to be permanently installed in any aircraft, watercraft, motortruck or other vehicle subject to motor vehicle registration. This paragraph does not apply to "computer(s)" while held as "stock"; i. "Electronic data", except as provided under Additional Coverages — Electronic Data. This Paragraph i. does not apply to your "stock" of prepackaged software or to "electronic data" which is integrated in and operates or controls the building's elevator, lighting, heating, ventilation, air conditioning or security system; or j. Animals, unless owned by others and boarded by you, or if owned by you, only as "stock" while inside of buildings. 3. Covered Causes Of Loss Direct physical loss unless the loss is excluded or limited under Section I — Property. 4. Limitations a. We will not pay for loss of or damage to (1) 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 of or damage 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. (2) 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. (3) Property that is missing, where the only evidence of the loss or damage is a shortage disclosed on taking inventory, or other instances where there is no physical evidence to show what happened to the property. This limitation does not apply to the Optional Coverage for Money and Securities. (4) Property that has been transferred to a person or to a place outside the described premises on the basis of unauthorized instructions. (5) The interior of any building or structure, or to personal property in the building or structure, caused by or resulting from rain, snow, sleet, ice, sand or dust, whether driven by wind or not, unless: (a) The building or structure first sustains damage by a Covered Cause of Loss to its roof or walls through which the rain, snow, sleet, ice, sand or dust enters; or Page 2 of 53 © Insurance Services Office, Inc., 2012 BP 00 03 07 13 (b) The loss or damage is caused by or results from thawing of snow, sleet or ice on the building or structure. (6) Lawns, trees, shrubs or plants which are part of a vegetated roof, caused by or resulting from: (a) Dampness or dryness of atmosphere or of soil supporting the vegetation; (b) Changes in or extremes of temperature; (c) Disease; (d) Frost or hail; or (e) Rain, snow, ice or sleet. b. We will not pay for loss of or damage to the following types of property unless caused by the "specified causes of loss" or building glass breakage: (1) Animals, and then only if they are killed or their destruction is made necessary. (2) Fragile articles such as glassware, statuary, marble, chinaware and porcelain, if broken. This restriction does not apply to: (a) Glass that is part of the exterior or interior of a building or structure; (b) Containers of property held for sale; or (c) Photographic or scientific instrument lenses. c. For loss or damage by theft, the following types of property are covered only up to the limits shown (unless a higher Limit Of Insurance is shown in the Declarations): (1) $2,500 for furs, fur garments and garments trimmed with fur. (2) $2,500 for jewelry, watches, watch movements, jewels, pearls, precious and semiprecious stones, bullion, gold, silver, platinum and other precious alloys or metals. This limit does not apply to jewelry and watches worth $100 or less per item. (3) $2,500 for patterns, dies, molds and forms. 5. Additional Coverages a. Debris Removal (1) Subject to Paragraphs (2), (3) and (4), we will pay your expense to remove debris of Covered Property and other debris that is on the described premises, when such debris is caused by or results from a Covered Cause 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 direct physical loss or damage. (2) Debris Removal does not apply to costs to: (a) Remove debris of property of yours that is not insured under this policy, or property in your possession that is not Covered Property; (b) Remove debris of property owned by or leased to the landlord of the building where your described premises are located, unless you have a contractual responsibility to insure such property and it is insured under this policy; (c) Remove any property that is Property Not Covered, including property addressed under the Outdoor Property Coverage Extension; (d) Remove property of others of a type that would not be Covered Property under this policy; (e) Remove deposits of mud or earth from the grounds of the described premises; (f) Extract "pollutants" from land or water; or (g) Remove, restore or replace polluted land or water. (3) Subject to the exceptions in Paragraph (4), the following provisions apply: (a) The most that we will pay for the total of direct physical loss or damage plus debris removal expense is the Limit of Insurance applicable to the Covered Property that has sustained loss or damage. BP 00 03 07 13 © Insurance Services Office, Inc., 2012 Page 3 of 53 (b) Subject to Paragraph (3)(a) above, the amount we will pay for debris removal expense is limited to 25% of the sum of the deductible plus the amount that we pay for direct physical loss or damage to the Covered Property that has sustained loss or damage. However, if no Covered Property has sustained direct physical loss or damage, the most we will pay for removal of debris of other property (if such removal is covered under this Additional Coverage) is $5,000 at each location. (4) We will pay up to an additional $25,000 for debris removal expense, for each location, in any one occurrence of physical loss or damage to Covered Property, if one or both of the following circumstances apply: (a) The total of the actual debris removal expense plus the amount we pay for direct physical loss or damage exceeds the Limit of Insurance on the Covered Property that has sustained loss or damage. (b) The actual debris removal expense exceeds 25% of the sum of the deductible plus the amount that we pay for direct physical loss or damage to the Covered Property that has sustained loss or damage. Therefore, if Paragraphs (4)(a) and/or (4)(b) apply, our total payment for direct physical loss or damage and debris removal expense may reach but will never exceed the Limit of Insurance on the Covered Property that has sustained loss or damage, plus $25,000. (5) Examples Example 1 Limit of Insurance $ 90,000 Amount of Deductible $ 500 Amount of Loss $ 50,000 Amount of Loss Payable $ 49,500 ($50,000 - $500) Debris Removal Expense $ 10,000 Debris Removal Expense Payable $ 10,000 ($10,000 is 20% of $50,000) The debris removal expense is less than 25% of the sum of the loss payable plus the deductible. The sum of the loss payable and the debris removal expense ($49,500 + $10,000 = $59,500) is less than the Limit of Insurance. Therefore, the full amount of debris removal expense is payable in accordance with the terms of Paragraph (3). Example 2 Limit of Insurance $ 90,000 Amount of Deductible $ 500 Amount of Loss $ 80,000 Amount of Loss Payable $ 79,500 ($80,000 - $500) Debris Removal Expense $ 40,000 Debris Removal Expense Payable Basic Amount $ 10,500 Additional Amount $ 25,000 The basic amount payable for debris removal expense under the terms of Paragraph (3) is calculated as follows: $80,000 ($79,500 + $500) x .25 = $20,000; capped at $10,500. The cap applies because the sum of the loss payable ($79,500) and the basic amount payable for debris removal expense ($10,500) cannot exceed the Limit of Insurance ($90,000). The additional amount payable for debris removal expense is provided in accordance with the terms of Paragraph (4), because the debris removal expense ($40,000) exceeds 25% of the loss payable plus the deductible ($40,000 is 50% of $80,000), and because the sum of the loss payable and debris removal expense ($79,500 + $40,000 = $119,500) would exceed the Limit of Insurance ($90,000). The additional amount of covered debris removal expense is $25,000, the maximum payable under Paragraph (4). Thus, the total payable for debris removal expense in this example is $35,500; $4,500 of the debris removal expense is not covered. Page 4 of 53 © Insurance Services Office, Inc., 2012 BP 00 03 07 13 b. Preservation Of Property If it is necessary to move Covered Property from the described premises to preserve it from loss or damage by a Covered Cause of Loss, we will pay for any direct physical loss of or damage to that property: (1) While it is being moved or while temporarily stored at another location; and (2) Only if the loss or damage occurs within 30 days after the property is first moved. c. Fire Department Service Charge When the fire department is called to save or protect Covered Property from a Covered Cause of Loss, we will pay up to $2,500 for service at each premises described in the Declarations, unless a different limit is shown in the Declarations. Such limit is the most we will pay regardless of the number of responding fire departments or fire units, and regardless of the number or type of services performed. This Additional Coverage applies to your liability for fire department service charges: (1) Assumed by contract or agreement prior to loss; or (2) Required by local ordinance. d. Collapse The coverage provided under this Additional Coverage — Collapse applies only to an abrupt collapse as described and limited in Paragraphs 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 policy or that contains Covered Property insured under this policy, if such collapse is caused by one or more of the following: (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: (i) A cause of loss listed in Paragraph (2)(a) or (2)(b); (ii) One or more of the "specified causes of loss"; (iii) Breakage of building glass; (iv) Weight of people or personal property; or (v) 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) Awnings; (b) Gutters and downspouts; (c) Yard fixtures; (d) Outdoor swimming pools; (e) Piers, wharves and docks; (f) Beach or diving platforms or appurtenances; (g) Retaining walls; and (h) Walks, roadways and other paved surfaces; BP 00 03 07 13 © Insurance Services Office, Inc., 2012 Page 5 of 53 if an abrupt collapse is caused by a We will not pay the cost to repair any defect cause of loss listed in Paragraphs (2)(a) that caused the loss or damage, but we will through (2)(d), we will pay for loss or pay the cost to repair or replace damaged damage to that property only if such loss parts of fire extinguishing equipment if the or damage is a direct result of the abrupt damage: collapse of a building insured under this (1) Results in discharge of any substance policy and the property is Covered from an automatic fire protection Property under this policy, system; or (5) If personal property abruptly falls down (2) Is directly caused by freezing. or caves in and such collapse is not the result of abrupt collapse of a building, f. Business Income we will pay for loss or damage to (1) Business Income Covered Property caused by such (a) We will pay for the actual loss of collapse of personal property only if: Business Income you sustain due to (a) The collapse of personal property the necessary suspension of your was caused by a cause of loss listed "operations" during the "period of in Paragraphs (2)(a) through (2)(d) restoration". The suspension must of this Additional Coverage; be caused by direct physical loss of (b) The personal property which or damage to property at the collapses is inside a building; and described premises. The loss or damage must be caused by or result (c) The property which collapses is not from a Covered Cause of Loss. With of a kind listed in Paragraph (4), respect to loss of or damage to regardless of whether that kind of personal property in the open or property is considered to be personal personal property in a vehicle, the property or real property. described premises include the area The coverage stated in this Paragraph within 100 feet of such premises. (5) does not apply to personal property if With respect to the requirements set marring and/or scratching is the only forth in the preceding paragraph, if damage to that personal property you occupy only part of a building, caused by the collapse. your premises mean: (6) This Additional Coverage — Collapse (i) The portion of the building which does not apply to personal property that you rent, lease or occupy; has not abruptly fallen down or caved in, even if the personal property shows (ii) The area within 100 feet of the evidence of cracking, bulging, sagging, building or within 100 feet of the bending, leaning, settling, shrinkage or premises described in the expansion. Declarations, whichever distance is greater (with respect to loss of (7) This Additional Coverage — Collapse will or damage to personal property not increase the Limits of Insurance in the open or personal property provided in this policy. in a vehicle); and (8) The term Covered Cause of Loss (iii) Any area within the building or at includes the Additional Coverage — the described premises, if that Collapse as described and limited in area services, or is used to gain Paragraphs d.(1) through d.(7). access to, the portion of the e. Water Damage, Other Liquids, Powder building which you rent, lease or Or Molten Material Damage occupy. If loss or damage caused by or resulting from covered water or other liquid, powder or molten material occurs, we will also pay the cost to tear out and replace any part of the building or structure to repair damage to the system or appliance from which the water or other substance escapes. Page 6 of 53 © Insurance Services Office, Inc., 2012 BP 00 03 07 13 (b) We will only pay for loss of Business Income that you sustain during the "period of restoration" and that occurs within 12 consecutive months after the date of direct physical loss or damage. We will only pay for ordinary payroll expenses for 60 days following the date of direct physical loss or damage, unless a greater number of days is shown in the Declarations. (c) Business Income means the: (i) Net Income (Net Profit or Loss before income taxes) that would have been earned or incurred if no physical loss or damage had 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; and (ii) Continuing normal operating expenses incurred, including payroll. (d) Ordinary payroll expenses: (i) Means payroll expenses for all your employees except: Officers; ii. Executives; iii. Department Managers; iv. Employees under contract; and v. Additional Exemptions shown in the Declarations as: • Job Classifications; or • Employees. (ii) Include: i. Payroll; ii. Employee benefits, if directly related to payroll; iii. FICA payments you pay; iv. Union dues you pay; and v. Workers' compensation premiums. (2) Extended Business Income (a) 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: (i) Begins on the date property except finished stock is actually repaired, rebuilt or replaced and "operations" are resumed; and (ii) 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 or damage had occurred; or ii. 60 consecutive days after the date determined in Paragraph (a)(i) above, unless a greater number of consecutive days is shown in the Declarations. 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 Cause of Loss in the area where the described premises are located. (b) Loss of Business Income must be caused by direct physical loss or damage at the described premises caused by or resulting from any Covered Cause of Loss. (3) With respect to the coverage provided in this Additional Coverage, suspension means: (a) The partial slowdown or complete cessation of your business activities; or (b) That a part or all of the described premises is rendered untenantable, if coverage for Business Income applies. (4) This Additional Coverage is not subject to the Limits of Insurance of Section I — Property. BP 00 03 07 13 © Insurance Services Office, Inc., 2012 Page 7 of 53 g. Extra Expense (1) We will pay necessary Extra Expense you incur during the "period of restoration" that you would not have incurred if there had been no direct physical loss or damage to property at the described premises. The loss or damage must be caused by or result from a Covered Cause of Loss. With respect to loss of or damage to personal property in the open or personal property in a vehicle, the described premises include the area within 100 feet of such premises. With respect to the requirements set forth in the preceding paragraph, if you occupy only part of a building, your premises mean: (a) The portion of the building which you rent, lease or occupy; (b) The area within 100 feet of the building or within 100 feet of the premises described in the Declarations, whichever distance is greater (with respect to loss of or damage to personal property in the open or personal property in a vehicle); and (c) Any area within the building or at the described premises, if that area services, or is used to gain access to, the portion of the building which you rent, lease or occupy. (2) Extra Expense means expense incurred: (a) To avoid or minimize the suspension of business and to continue "operations": (i) At the described premises; or (ii) At replacement premises or at temporary locations, including relocation expenses, and costs to equip and operate the replacement or temporary locations. (b) To minimize the suspension of business if you cannot continue "operations". (c) To: (i) Repair or replace any property; or (ii) 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 Additional Coverage or Additional Coverage f. Business Income. (3) With respect to the coverage provided in this Additional Coverage, suspension means: (a) The partial slowdown or complete cessation of your business activities; or (b) That a part or all of the described premises is rendered untenantable, if coverage for Business Income applies. (4) We will only pay for Extra Expense that occurs within 12 consecutive months after the date of direct physical loss or damage. This Additional Coverage is not subject to the Limits of Insurance of Section I — Property. h. Pollutant Clean-up And Removal We will pay your expense 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 a Covered Cause 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 on which the Covered Cause of Loss occurs. 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 for each location under this Additional Coverage is $10,000 for the sum of all such expenses arising out of Covered Causes of Loss occurring during each separate 12 -month period of this policy. Page 8 of 53 © Insurance Services Office, Inc., 2012 BP 00 03 07 13 i. Civil Authority When a Covered Cause of Loss causes damage to property other than property at the described premises, we will pay for the actual loss of Business Income you sustain and necessary Extra Expense caused by action of civil authority that prohibits access to the described premises, provided that both of the following apply: (1) Access to the area immediately surrounding the damaged property is prohibited by civil authority as a result of the damage, and the described premises are within that area but are not more than one mile from the damaged property; and (2) The action of civil authority is taken in response to dangerous physical conditions resulting from the damage or continuation of the Covered Cause of Loss that caused the damage, or the action is taken to enable a civil authority to have unimpeded access to the damaged property. Civil Authority Coverage for Business Income will begin 72 hours after the time of the first action of civil authority that prohibits access to the described premises and will apply for a period of up to four consecutive weeks from the date on which such coverage began. Civil Authority Coverage for necessary Extra Expense will begin immediately after the time of the first action of civil authority that prohibits access to the described premises and will end: (1) Four consecutive weeks after the date of that action; or (2) When your Civil Authority Coverage for Business Income ends; whichever is later. The definitions of Business Income and Extra Expense contained in the Business Income and Extra Expense Additional Coverages also apply to this Civil Authority Additional Coverage. The Civil Authority Additional Coverage is not subject to the Limits of Insurance of Section I — Property. j. Money Orders And "Counterfeit Money" We will pay for loss resulting directly from your having accepted in good faith, in exchange for merchandise, "money" or services: (1) Money orders issued by any post office, express company or bank that are not paid upon presentation; or (2) "Counterfeit money" that is acquired during the regular course of business. The most we will pay for any loss under this Additional Coverage is $1,000. k. Forgery Or Alteration (1) We will pay for loss resulting directly from forgery or alteration of any check, draft, promissory note, bill of exchange or similar written promise of payment in "money" that you or your agent has issued, or that was issued by someone who impersonates you or your agent. (2) If you are sued for refusing to pay the check, draft, promissory note, bill of exchange or similar written promise of payment in "money", 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 in that defense. (3) For the purpose of this coverage, check includes a substitute check as defined in the Check Clearing for the 21st Century Act and will be treated the same as the original it replaced. (4) The most we will pay for any loss, including legal expenses, under this Additional Coverage is $2,500, unless a higher Limit Of Insurance is shown in the Declarations. I. Increased Cost Of Construction (1) This Additional Coverage applies only to buildings insured on a replacement cost basis. (2) In the event of damage by a Covered Cause of Loss to a building that is Covered Property, we will pay the increased costs incurred to comply with the minimum standards of an ordinance or law in the course of repair, rebuilding or replacement of damaged parts of that property, subject to the limitations stated in Paragraphs (3) through (9) of this Additional Coverage. BP 00 03 07 13 © Insurance Services Office, Inc., 2012 Page 9 of 53 (3) The ordinance or law referred to in (7) With respect to this Additional Paragraph (2) of this Additional Coverage: Coverage is an ordinance or law that (a) We will not pay for the Increased regulates the construction or repair of Cost of Construction: buildings or establishes zoning or land use requirements at the described (i) Until the property is actually premises and is in force at the time of repaired or replaced, at the same loss, or another premises; and (4) Under this Additional Coverage, we will (ii) Unless the repair or replacement not pay any costs due to an ordinance is made as soon as reasonably or law that: possible after the loss or damage, not to exceed two (a) You were required to comply with years. We may extend this period before the loss, even when the in writing during the two years. building was undamaged; and (b) If the building is repaired or replaced (b) You failed to comply with. at the same premises, or if you elect (5) Under this Additional Coverage, we will to rebuild at another premises, the not pay for: most we will pay for the Increased (a) The enforcement of or compliance Cost of Construction is the increased with any ordinance or law which cost of construction at the same requires demolition, repair, premises. replacement, reconstruction, (c) If the ordinance or law requires remodeling or remediation of relocation to another premises, the property due to contamination by most we will pay for the Increased "pollutants" or due to the presence, Cost of Construction is the increased growth, proliferation, spread or any cost of construction at the new activity of "fungi", wet rot or dry rot; premises. or (8) This Additional Coverage is not subject (b) Any costs associated with the to the terms of the Ordinance Or Law enforcement of or compliance with Exclusion, to the extent that such an ordinance or law which requires exclusion would conflict with the any insured or others to test for, provisions of this Additional Coverage. monitor, clean up, remove, contain, (9) The costs addressed in the Loss treat, detoxify or neutralize, or in any Payment Property Loss Condition in way respond to, or assess the Section I — Property do not include the effects of "pollutants", "fungi", wet rot increased cost attributable to or dry rot. enforcement of or compliance with an (6) The most we will pay under this ordinance or law. The amount payable Additional Coverage, for each described under this Additional Coverage, as building insured under Section I — stated in Paragraph (6) of this Additional Property, is $10,000. If a damaged Coverage, is not subject to such building(s) is covered under a blanket limitation. Limit of Insurance which applies to more m. Business Income From Dependent than one building or item of property, Properties then the most we will pay under this Additional Coverage, for each damaged (1) We will pay for the actual loss of building, is $10,000. Business Income you sustain due to physical loss or damage at the premises The amount payable under this of a dependent property or secondary Additional Coverage is additional dependent property caused by or insurance. resulting from any Covered Cause of Loss. Page 10 of 53 © Insurance Services Office, Inc., 2012 BP 00 03 07 13 However, this Additional Coverage does not apply when the only loss at the premises of a dependent property or secondary dependent property is loss or damage to "electronic data", including destruction or corruption of "electronic data". If the dependent property or secondary dependent property sustains loss or damage to "electronic data" and other property, coverage under this Additional Coverage will not continue once the other property is repaired, rebuilt or replaced. The most we will pay under this Additional Coverage is $5,000 unless a higher Limit Of Insurance is indicated in the Declarations. (2) 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. (3) 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) Dependent property means property owned by others whom you depend on to: (a) Deliver materials or services to you, or to others for your account. But services does not mean water supply services, wastewater removal services, communication supply services or power supply services; (b) Accept your products or services; (c) Manufacture your products for delivery to your customers under contract for sale; or (d) Attract customers to your business. The dependent property must be located in the coverage territory of this policy. (5) Secondary dependent property means an entity which is not owned or operated by a dependent property and which; (a) Delivers materials or services to a dependent property, which in turn are used by the dependent property in providing materials or services to you; or (b) Accepts materials or services from a dependent property, which in turn accepts your materials or services. A road, bridge, tunnel, waterway, airfield, pipeline or any other similar area or structure is not a secondary dependent property. Any property which delivers any of the following services is not a secondary dependent property with respect to such services: (i) Water supply services; (ii) Wastewater removal services; (iii) Communication supply services; or (iv) Power supply services. The secondary dependent property must be located in the coverage territory of this policy. (6) The coverage period for Business Income under this Additional Coverage: (a) Begins 72 hours after the time of direct physical loss or damage caused by or resulting from any Covered Cause of Loss at the premises of the dependent property or secondary dependent property; and (b) Ends on the date when the property at the premises of the dependent property or secondary dependent property should be repaired, rebuilt or replaced with reasonable speed and similar quality. (7) The Business Income coverage period, as stated in Paragraph (6), does not include any increased period required due to the enforcement of or compliance with 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 reduce the Business Income coverage period. BP 00 03 07 13 © Insurance Services Office, Inc., 2012 Page 11 of 53 (8) The definition of Business Income (2) The Covered Causes of Loss applicable contained in the Business Income to Business Personal Property include a Additional Coverage also applies to this computer virus, harmful code or similar Business Income From Dependent instruction introduced into or enacted on Properties Additional Coverage, a computer system (including "electronic n. Glass Expenses data") or a network to which it is connected, designed to damage or (1) We will pay for expenses incurred to put destroy any part of the system or disrupt up temporary plates or board up its normal operation. But there is no openings if repair or replacement of coverage for loss or damage caused by damaged glass is delayed. or resulting from manipulation of a (2) We will pay for expenses incurred to computer system (including "electronic remove or replace obstructions when data") by any employee, including a repairing or replacing glass that is part temporary or leased employee, or by an of a building. This does not include entity retained by you, or for you, to removing or replacing window displays. inspect, design, install, modify, maintain, o. Fire Extinguisher Systems Recharge repair or replace that system. Expense (3) The most we will pay under this (1) We will pay: Additional Coverage — Electronic Data for all loss or damage sustained in any (a) The cost of recharging or replacing, one policy year, regardless of the whichever is less, your fire number of occurrences of loss or extinguishers and fire extinguishing damage or the number of premises, systems (including hydrostatic locations or computer systems involved, testing if needed) if they are is $10,000, unless a higher Limit Of discharged on or within 100 feet of Insurance is shown in the Declarations. the described premises; and If loss payment on the first occurrence (b) For loss or damage to Covered does not exhaust this amount, then the Property if such loss or damage is balance is available for subsequent loss the result of an accidental discharge or damage sustained in, but not after, of chemicals from a fire extinguisher that policy year. With respect to an or a fire extinguishing system. occurrence which begins in one policy (2) No coverage will apply if the fire year and continues or results in additional loss or damage in a extinguishing system is discharged subsequent policy year(s), all loss or during installation or testing. damage is deemed to be sustained in (3) The most we will pay under this the policy year in which the occurrence Additional Coverage is $5,000 in any began. one occurrence. (4) This Additional Coverage does not apply p. Electronic Data to your "stock" of prepackaged software, (1) Subject to the provisions of this or to "electronic data" which is Additional Coverage, we will pay for the integrated in and operates or controls a cost to replace or restore "electronic building's elevator, lighting, heating, data" which has been destroyed or ventilation, air conditioning or security corrupted by a Covered Cause of Loss. system. To the extent that "electronic data" is not q. Interruption Of Computer Operations replaced or restored, the loss will be (1) Subject to all provisions of this valued at the cost of replacement of the "electronic Additional Coverage, you may extend media on which the data" the insurance that applies to Business was stored, with blank media of Income and Extra Expense to apply to a substantially identical type. suspension of "operations" caused by an interruption in computer operations due to destruction or corruption of "electronic data" due to a Covered Cause of Loss. Page 12 of 53 © Insurance Services Office, Inc., 2012 BP 00 03 07 13 (2) With respect to the coverage provided under this Additional Coverage, the Covered Causes of Loss are subject to the following: (a) Coverage under this Additional Coverage — Interruption Of Computer Operations is limited to the "specified causes of loss" and Collapse. (b) If the Businessowners Coverage Form is endorsed to add a Covered Cause of Loss, the additional Covered Cause of Loss does not apply to the coverage provided under this Additional Coverage. (c) The Covered Causes of Loss include a computer virus, harmful code or similar instruction introduced into or enacted on a computer system (including "electronic data") or a network to which it is connected, designed to damage or destroy any part of the system or disrupt its normal operation. 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, modify, maintain, repair or replace that system. (3) The most we will pay under this Additional Coverage — Interruption Of Computer Operations for all loss sustained and expense incurred in any one policy year, regardless of the number of interruptions or the number of premises, locations or computer systems involved, is $10,000 unless a higher Limit Of Insurance is shown in the Declarations. If loss payment relating to the first interruption does not exhaust this amount, then the balance is available for loss or expense sustained or incurred as a result of subsequent interruptions in that policy year. A balance remaining at the end of a policy year does not increase the amount of insurance in the next policy year. With respect 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 Additional 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. (5) 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 under Paragraphs (1) through (4) of this Additional Coverage. BP 00 03 07 13 © Insurance Services Office, Inc., 2012 Page 13 of 53 (6) Coverage for Extra Expense does not apply when action is taken to avoid or minimize a suspension of "operations" caused by destruction or corruption of "electronic data", or any loss or damage to "electronic data", except as provided under Paragraphs (1) through (4) of this Additional Coverage. (7) This Additional Coverage does not apply when loss or damage to "electronic data" involves only "electronic data" which is integrated in and operates or controls a building's elevator, lighting, heating, ventilation, air conditioning or security system. r. Limited Coverage For "Fungi", Wet Rot Or Dry Rot (1) The coverage described in Paragraphs r.(2) and r.(6) only applies when the "fungi", wet rot or dry rot is the result of a "specified cause of loss" other than fire or lightning that occurs during the policy period and only if all reasonable means were used to save and preserve the property from further damage at the time of and after that occurrence. This Additional Coverage does not apply to lawns, trees, shrubs or plants which are part of a vegetated roof. (2) We will pay for loss or damage by "fungi", wet rot or dry rot. As used in this Limited Coverage, the term loss or damage means: (a) Direct physical loss or damage to Covered Property caused by "fungi", wet rot or dry rot, including the cost of removal of the "fungi", wet rot or dry rot; (b) The cost to tear out and replace any part of the building or other property as needed to gain access to the "fungi", wet rot or dry rot; and (c) The cost of testing performed after removal, repair, replacement or restoration of the damaged property is completed, provided there is a reason to believe that "fungi", wet rot or dry rot is present. (3) The coverage described under this Limited Coverage is limited to $15,000. Regardless of the number of claims, this limit is the most we will pay for the total of all loss or damage arising out of all occurrences of "specified causes of loss" (other than fire or lightning) which take place in a 12 -month period (starting with the beginning of the present annual policy period). With respect to a particular occurrence of loss which results in "fungi", wet rot or dry rot, we will not pay more than the total of $15,000 even if the "fungi", wet rot or dry rot continues to be present or active, or recurs, in a later policy period. (4) The coverage provided under this Limited Coverage does not increase the applicable Limit of Insurance on any Covered Property. If a particular occurrence results in loss or damage by "fungi", wet rot or dry rot, and other loss or damage, we will not pay more, for the total of all loss or damage, than the applicable Limit of Insurance on the affected Covered Property. If there is covered loss or damage to Covered Property, not caused by "fungi", wet rot or dry rot, loss payment will not be limited by the terms of this Limited Coverage, except to the extent that "fungi", wet rot or dry rot causes an increase in the loss. Any such increase in the loss will be subject to the terms of this Limited Coverage. (5) The terms of this Limited Coverage do not increase or reduce the coverage provided under the Water Damage, Other Liquids, Powder Or Molten Material Damage or Collapse Additional Coverages. Page 14 of 53 © Insurance Services Office, Inc., 2012 BP 00 03 07 13 (6) The following applies only if Business Income and/or Extra Expense Coverage applies to the described premises and only if the suspension of "operations" satisfies all the terms and conditions of the applicable Business Income and/or Extra Expense Additional Coverage: (a) If the loss which resulted in "fungi", wet rot or dry rot does not in itself necessitate a suspension of "operations", but such suspension is necessary due to loss or damage to property caused by "fungi", wet rot or dry rot, then our payment under the Business Income and/or Extra Expense Additional Coverages 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. (b) If a covered suspension of "operations" was caused by loss or damage other than "fungi", wet rot or dry rot, but remediation of "fungi", wet rot or dry rot 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. 6. Coverage Extensions In addition to the Limits of Insurance of Section I — Property, you may extend the insurance provided by this policy as provided below. Except as otherwise provided, the following extensions apply to property located in or on the building described in the Declarations or in the open (or in a vehicle) within 100 feet of the described premises: a. Newly Acquired Or Constructed Property (1) Buildings If this policy covers Buildings, you may extend that insurance to apply to: (a) Your new buildings while being built on the described premises; and (b) Buildings you acquire at premises other than the one described, intended for: (i) Similar use as the building described in the Declarations; or (ii) Use as a warehouse. The most we will pay for loss or damage under this Extension is $250,000 at each building. (2) Business Personal Property If this policy covers Business Personal Property, you may extend that insurance to apply to: (a) Business Personal Property, including such property that you newly acquire, at any location you acquire; or (b) Business Personal Property, including such property that you newly acquire, located at your newly constructed or acquired buildings at the location described in the Declarations. This Extension does not apply to personal property that you temporarily acquire in the course of installing or performing work on such property or your wholesale activities. The most we will pay for loss or damage under this Extension is $100,000 at each building. (3) Period Of Coverage With respect to insurance provided under this Coverage Extension for Newly Acquired Or Constructed Property, coverage will end when any of the following first occurs: (a) This policy expires; (b) 30 days expire after you acquire the property or begin construction of that part of the building that would qualify as Covered Property; or (c) You report values to us. We will charge you additional premium for values reported from the date you acquire the property or begin construction of that part of the building that would qualify as Covered Property. b. Personal Property Off -premises You may extend the insurance provided by this policy to apply to your Covered Property, other than "money" and "securities", "valuable papers and records" or accounts receivable, while it is in the course of transit or at a premises you do not own, lease or operate. The most we will pay for loss or damage under this Extension is $10,000. BP 00 03 07 13 © Insurance Services Office, Inc., 2012 Page 15 of 53 c. Outdoor Property You may extend the insurance provided by this policy to apply to your outdoor fences, radio and television antennas (including satellite dishes), signs (other than signs attached to buildings), trees, shrubs and plants (other than trees, shrubs or plants which are part of a vegetated roof), including debris removal expense. Loss or damage must be caused by or result from any of the following causes of loss: (1) Fire; (2) Lightning; (3) Explosion; (4) Riot or Civil Commotion; or (5) Aircraft. The most we will pay for loss or damage under this Extension is $2,500, unless a higher Limit Of Insurance for Outdoor Property is shown in the Declarations, but not more than $1,000 for any one tree, shrub or plant. Subject to all aforementioned terms and limitations of coverage, this Coverage Extension includes the expense of removing from the described premises the debris of trees, shrubs and plants which are the property of others, except in the situation in which you are a tenant and such property is owned by the landlord of the described premises. d. Personal Effects You may extend the insurance that applies to Business Personal Property to apply to personal effects owned by you, your officers, your partners or "members", your "managers" or your employees, including temporary or leased employees. This extension does not apply to: (1) Tools or equipment used in your business; or (2) Loss or damage by theft. The most we will pay for loss or damage under this Extension is $2,500 at each described premises. e. Valuable Papers And Records (1) You may extend the insurance that applies to Business Personal Property to apply to direct physical loss or damage to "valuable papers and records" that you own, or that are in your care, custody or control, caused by or resulting from a Covered Cause of Loss. This Coverage Extension includes the cost to research, replace or restore the lost information on "valuable papers and records" for which duplicates do not exist. (2) This Coverage Extension does not apply to: (a) Property held as samples or for delivery after sale; and (b) Property in storage away from the premises shown in the Declarations. (3) The most we will pay under this Coverage Extension for loss or damage to "valuable papers and records" in any one occurrence at the described premises is $10,000, unless a higher Limit Of Insurance for "valuable papers and records" is shown in the Declarations. For "valuable papers and records" not at the described premises, the most we will pay is $5,000. (4) Loss or damage to "valuable papers and records" will be valued at the cost of restoration or replacement of the lost or damaged information. To the extent that the contents of the "valuable papers and records" are not restored, the "valuable papers and records" will be valued at the cost of replacement with blank materials of substantially identical type. (5) Paragraph B. Exclusions in Section I — Property does not apply to this Coverage Extension except for: (a) Paragraph B.1 .c., Governmental Action; (b) Paragraph B.1.d., Nuclear Hazard; (c) Paragraph B.1.f., War And Military Action; Page 16 of 53 © Insurance Services Office, Inc., 2012 BP 00 03 07 13 (d) Paragraph B.2.f., Dishonesty; (e) Paragraph B.2.g., False Pretense; (f) Paragraph B.2.m.(2), Errors Or Omissions; and (g) Paragraph B.3. f. Accounts Receivable (1) You may extend the insurance that applies to Business Personal Property to apply to accounts receivable. We will pay: (a) All amounts due from your customers that you are unable to collect; (b) Interest charges on any loan required to offset amounts you are unable to collect pending our payment of these amounts; (c) Collection expenses in excess of your normal collection expenses that are made necessary by loss or damage; and (d) Other reasonable expenses that you incur to reestablish your records of accounts receivable; that result from direct physical loss or damage by any Covered Cause of Loss to your records of accounts receivable. (2) The most we will pay under this Coverage Extension for loss or damage in any one occurrence at the described premises is $10,000, unless a higher Limit of Insurance for accounts receivable is shown in the Declarations. For accounts receivable not at the described premises, the most we will pay is $5,000. (3) Paragraph B. Exclusions in Section I — Property does not apply to this Coverage Extension except for: (a) Paragraph B.1.c., Governmental Action; (b) Paragraph B.1.d., Nuclear Hazard; (c) Paragraph B.1.f., War And Military Action; (d) Paragraph B.2.f., Dishonesty; (e) Paragraph B.2.g., False Pretense; (f) Paragraph B.3.; and (g) Paragraph B.6., Accounts Receivable Exclusion. g. Business Personal Property Temporarily In Portable Storage Units (1) You may extend the insurance that applies to Business Personal Property to apply to such property while temporarily stored in a portable storage unit (including a detached trailer) located within 100 feet of the buildings or structures described in the Declarations or within 100 feet of the described premises, whichever distance is greater. (2) The limitation under Paragraph A.4.a.(5) also applies to property in a portable storage unit. (3) Coverage under this Extension (a) Will end 90 days after the Business Personal Property has been placed in the storage unit; (b) Does not apply if the storage unit itself has been in use at the described premises for more than 90 consecutive days, even if the Business Personal Property has been stored there for 90 or fewer days as of the time of loss or damage. (4) Under this Extension, the most we will pay for the total of all loss or damage to Business Personal Property is $10,000 (unless a higher limit is indicated in the Declarations for such Extension) regardless of the number of storage units. (5) This Extension does not apply to loss or damage otherwise covered under this Coverage Form or any endorsement to this Coverage Form, and does not apply to loss or damage to the storage unit itself. B. Exclusions 1. 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. These exclusions apply whether or not the loss event results in widespread damage or affects a substantial area. a. Ordinance Or Law (1) The enforcement of or compliance with any ordinance or law: (a) Regulating the construction, use or repair of any property; or BP 00 03 07 13 © Insurance Services Office, Inc., 2012 Page 17 of 53 (b) Requiring the tearing down of any property, including the cost of removing its debris. (2) This exclusion, Ordinance Or Law, applies whether the loss results from: (a) An ordinance or law that is enforced even if the property has not been damaged; or (b) The increased costs incurred to comply with an ordinance or law in the course of construction, repair, renovation, remodeling or demolition of property or removal of its debris, following a physical loss to that property. b. Earth Movement (1) Earthquake, including tremors and aftershocks and any earth sinking, rising or shifting related to such event; (2) Landslide, including any earth sinking, rising or shifting related to such event; (3) Mine subsidence, meaning subsidence of a man-made mine, whether or not mining activity has ceased; (4) Earth sinking (other than sinkhole collapse), rising or shifting including soil conditions which cause settling, cracking or other disarrangement of foundations or other parts of realty. Soil conditions include contraction, expansion, freezing, thawing, erosion, improperly compacted soil and the action of water under the ground surface. But if Earth Movement, as described in Paragraphs (1) through (4) above, results in fire or explosion, we will pay for the loss or damage caused by that fire or explosion. (5) Volcanic eruption, explosion or effusion. But if volcanic eruption, explosion or effusion results in fire, building glass breakage or volcanic action, we will pay for the loss or damage caused by that fire, building glass breakage or volcanic action. Volcanic action means direct loss or damage resulting from the eruption of a volcano when the loss or damage is caused by: (a) Airborne volcanic blast or airborne shock waves; With respect to coverage for volcanic action as set forth in 5(a), (5)(b) and 5(c), all volcanic eruptions that occur within any 168 -hour period will constitute a single occurrence. Volcanic action does not include the cost to remove ash, dust or particulate matter that does not cause direct physical loss of or damage to Covered Property. This exclusion applies regardless of whether any of the above, in Paragraphs (1) through (5), is caused by an act of nature or is otherwise caused. c. Governmental Action Seizure or destruction of property by order of governmental authority. But we will pay for loss or damage 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. d. Nuclear Hazard Nuclear reaction or radiation, or radioactive contamination, however caused. But if nuclear reaction or radiation, or radioactive contamination, results in fire, we will pay for the loss or damage caused by that fire. e. Utility Services The failure of power, communication, water or other utility service supplied to the described premises, however caused, if the failure: (1) Originates away from the described premises; or (2) Originates at the described premises, but only if such failure involves equipment used to supply the utility service to the described premises from a source away from the described premises. Failure of any utility service includes lack of sufficient capacity and reduction in supply. Loss or damage caused by a surge of power is also excluded, if the surge would not have occurred but for an event causing a failure of power. (b) Ash, dust or particulate matter; or (c) Lava flow. Page 18 of 53 © Insurance Services Office, Inc., 2012 BP 00030713 But if the failure or surge of power, or the failure of communication, water or other utility service, results in a Covered Cause of Loss, we will pay for the loss or damage caused by that Covered Cause of Loss. Communication services include but are not limited to service relating to Internet access or access to any electronic, cellular or satellite network. This exclusion does not apply to loss or damage to "computer(s)" and "electronic data". 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. Water (1) Flood, surface water, waves (including tidal wave and tsunami), tides, tidal water, overflow of any body of water, or spray from any of these, all whether or not driven by wind (including storm surge); (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; (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. This exclusion applies regardless of whether any of the above, in Paragraphs (1) through (5), is caused by an act of nature or is otherwise caused. An example of a situation to which this exclusion applies is the situation where a dam, levee, seawall or other boundary or containment system fails in whole or in part, for any reason, to contain the water. But if any of the above, in Paragraphs (1) through (5), results in fire, explosion or sprinkler leakage, we will pay for the loss or damage caused by that fire, explosion or sprinkler leakage. h. Certain Computer -related Losses (1) The failure, malfunction or inadequacy of: (a) Any of the following, whether belonging to any insured or to others: (i) "Computer" hardware, including microprocessors or other electronic data processing equipment as may be described elsewhere in this policy; (ii) "Computer" application software or other "electronic data" as may be described elsewhere in this policy; (iii) "Computer" operating systems and related software; (iv) "Computer" networks; (v) Microprocessors ("computer" chips) not part of any "computer" system; or (vi) Any other computerized or electronic equipment or components; or (b) Any other products, and any services, data or functions that directly or indirectly use or rely upon, in any manner, any of the items listed in Paragraph (a) above; due to the inability to correctly recognize, distinguish, interpret or accept one or more dates or times. An example is the inability of computer software to recognize the year 2000. BP 00 03 07 13 © Insurance Services Office, Inc., 2012 Page 19 of 53 (2) Any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision provided or done by you or for you to determine, rectify or test for, any potential or actual problems described in Paragraph (1) above. However, if excluded loss or damage, as described in Paragraph (1) above, results in a "specified cause of loss" under Section I — Property, we will pay only for the loss or damage caused by such "specified cause of loss". We will not pay for repair, replacement or modification of any items in Paragraph (1)(a) or (1)(b) to correct any deficiencies or change any features. i. "Fungi", Wet Rot Or Dry Rot Presence, growth, proliferation, spread or any activity of "fungi", wet rot or dry rot. But if "fungi", wet rot or dry rot results in a "specified cause of loss", we will pay for the loss or damage caused by that "specified cause of loss". This exclusion does not apply (1) When "fungi", wet rot or dry rot results from fire or lightning; or (2) To the extent that coverage is provided in the Limited Coverage For "Fungi", Wet Rot Or Dry Rot Additional Coverage, with respect to loss or damage by a cause of loss other than fire or lightning. j. Virus Or Bacteria (1) Any virus, bacterium or other microorganism that induces or is capable of inducing physical distress, illness or disease. (2) However, the exclusion in Paragraph (1) does not apply to loss or damage caused by or resulting from "fungi", wet rot or dry rot. Such loss or damage is addressed in Exclusion i. (3) With respect to any loss or damage subject to the exclusion in Paragraph (1), such exclusion supersedes any exclusion relating to "pollutants". 2. We will not pay for loss or damage caused by or resulting from any of the following: a. Electrical Apparatus Artificially generated electrical, magnetic or electromagnetic energy that damages, disturbs, disrupts or otherwise interferes with any: (1) Electrical or electronic wire, device, appliance, system or network; or (2) Device, appliance, system or network utilizing cellular or satellite technology. For the purpose of this exclusion, electrical, magnetic or electromagnetic energy includes but is not limited to: (1) Electrical current, including arcing; (2) Electrical charge produced or conducted by a magnetic or electromagnetic field; (3) Pulse of electromagnetic energy; or (4) Electromagnetic waves or microwaves. But if fire results, we will pay for the loss or damage caused by fire. We will pay for loss or damage to "computer(s)" due to artificially generated electrical, magnetic or electromagnetic energy if such loss or damage is caused by or results from: (1) An occurrence that took place within 100 feet of the described premises; or (2) Interruption of electric power supply, power surge, blackout or brownout if the cause of such occurrence took place within 100 feet of the described premises. b. Consequential Losses Delay, loss of use or loss of market. c. Smoke, Vapor, Gas Smoke, vapor or gas from agricultural smudging or industrial operations. Page 20 of 53 © Insurance Services Office, Inc., 2012 BP 00 03 07 13 d. Steam Apparatus Explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control. But if explosion of steam boilers, steam pipes, steam engines or steam turbines results in fire or combustion explosion, we will pay for the loss or damage caused by that fire or combustion explosion. We will also pay for loss or damage 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. e. Frozen Plumbing 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 building or structure; or (2) You drain the equipment and shut off the supply if the heat is not maintained. f. Dishonesty Dishonest or criminal acts (including theft) by you, anyone else with an interest in the property, or any of your or their partners, "members", officers, "managers", employees (including temporary or leased employees), directors, trustees or authorized representatives, whether acting alone or in collusion with each other or with any other party; or theft by any person to whom you entrust the property for any purpose, whether acting alone or in collusion with any other party. This exclusion: (1) Applies whether or not an act occurs during your normal hours of operation; (2) Does not apply to acts of destruction by your employees (including temporary or leased employees) or authorized representatives; but theft by your employees (including temporary or leased employees) or authorized representatives is not covered. With respect to accounts receivable and "valuable papers and records", this exclusion does not apply to carriers for hire. This exclusion does not apply to coverage that is provided under the Employee Dishonesty Optional Coverage. g. False Pretense Voluntary parting with any property by you or anyone else to whom you have entrusted the property if induced to do so by any fraudulent scheme, trick, device or false pretense. h. Exposed Property Rain, snow, ice or sleet to personal property in the open. i. Collapse (1) Collapse, including any of the following conditions of property or any part of the property: (a) An abrupt falling down or caving in; (b) Loss of structural integrity, including separation of parts of the property or property in danger of falling down or caving in; or (c) Any cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion as such condition relates to Paragraph i.(1)(a) or i.(1)(b). 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. (2) 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. j. Pollution We will not pay for loss or damage caused by or resulting from the discharge, dispersal, seepage, migration, release or escape of "pollutants" unless the discharge, dispersal, seepage, migration, release or escape is itself caused by any of the "specified causes of loss". But if the discharge, dispersal, seepage, migration, release or escape of "pollutants" results in a "specified cause of loss", we will pay for the loss or damage caused by that "specified cause of loss". BP 00 03 07 13 © Insurance Services Office, Inc., 2012 Page 21 of 53 k. Neglect n. Installation, Testing, Repair Neglect of an insured to use all reasonable Errors or deficiency in design, installation, means to save and preserve property from testing, maintenance, modification or repair further damage at and after the time of loss, of your "computer" system including I. Other Types Of Loss "electronic data". (1) Wear and tear; However, we will pay for direct physical loss or damage caused by resulting fire or (2) Rust or other corrosion, decay, explosion if these causes of loss would be deterioration, hidden or latent defect or covered by this Coverage Form. any quality in property that causes it to damage or destroy itself; o. Electrical Disturbance (3) Smog; Electrical or magnetic injury, disturbance or erasure of "electronic data", except as (4) Settling, cracking, shrinking or provided for under the Additional expansion; Coverages of Section I — Property. (5) Nesting or infestation, or discharge or However, we will pay for direct loss or release of waste products or secretions, damage caused by lightning. by insects, birds, rodents or other animals; p. Continuous Or Repeated Seepage Or Leakage Of Water (6) Mechanical breakdown, including rupture or bursting caused by centrifugal Continuous or repeated seepage or force. leakage of water, or the presence or condensation of humidity, moisture or This exclusion does not apply with vapor, that occurs over a period of 14 days respect to the breakdown of or more. "computer(s)"; 3. We will not pay for loss or damage caused by (7) The following causes of loss to personal or resulting from any of the following property: Paragraphs a. through c. But if an excluded (a) Dampness or dryness of cause of loss that is listed in Paragraphs a. atmosphere; through c. results in a Covered Cause of Loss, (b) Changes in or extremes of we will pay for the loss or damage caused by temperature; or that Covered Cause of Loss. (c) Marring or scratching. But if an excluded cause of loss that is listed in Paragraphs (1) through (7) above results in a "specified cause of loss" or building glass breakage, we will pay for the loss or damage caused by that "specified cause of loss" or building glass breakage. m. Errors Or Omissions Errors or omissions in: (1) Programming, processing or storing data, as described under "electronic data" or in any "computer" operations; or (2) Processing or copying "valuable papers and records". However, we will pay for direct physical loss or damage caused by resulting fire or explosion if these causes of loss would be covered by this Coverage Form. a. Weather Conditions Weather conditions. But this exclusion only applies if weather conditions contribute in any way with a cause or event excluded in Paragraph B.1. above to produce the loss or damage. b. Acts Or Decisions Acts or decisions, including the failure to act or decide, of any person, group, organization or governmental body. c. Negligent Work 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. Page 22 of 53 © Insurance Services Office, Inc., 2012 BP 00 03 07 13 4. Additional Exclusion The following applies only to the property specified in this Additional Exclusion: Loss Or Damage To Products We will not pay for loss or damage to any merchandise, goods or other product caused by or resulting from error or omission by any person or entity (including those having possession under an arrangement where work or a portion of the work is outsourced) in any stage of the development, production or use of the product, including planning, testing, processing, packaging, installation, maintenance or repair. This exclusion applies to any effect that compromises the form, substance or quality of the product. But if such error or omission results in a Covered Cause of Loss, we will pay for the loss or damage caused by that Covered Cause of Loss. 5. Business Income And Extra Expense Exclusions a. We will not pay for: (1) Any Extra Expense, or increase of Business Income loss, caused by or resulting from: (a) Delay in rebuilding, repairing or replacing the property or resuming "operations", due to interference at the location 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" and any extension of the "period of restoration" in accordance with the terms of the Extended Business Income Additional Coverage. (2) Any other consequential loss. b. With respect to this exclusion, suspension means: (1) The partial slowdown or complete cessation of your business activities; and (2) That a part or all of the described premises is rendered untenantable, if coverage for Business Income applies. 6. Accounts Receivable Exclusion The following additional exclusion applies to the Accounts Receivable Coverage Extension: We will not pay for: a. Loss or damage caused by or resulting from 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. b. Loss or damage caused by or resulting from bookkeeping, accounting or billing errors or omissions. c. Any loss or damage that requires any audit of records or any inventory computation to prove its factual existence. C. Limits Of Insurance 1. The most we will pay for loss or damage in any one occurrence is the applicable Limits Of Insurance of Section I — Property shown in the Declarations. 2. The most we will pay for loss of or damage to outdoor signs attached to buildings is $1,000 per sign in any one occurrence. 3. The amounts of insurance applicable to the Coverage Extensions and the following Additional Coverages apply in accordance with the terms of such coverages and are in addition to the Limits of Insurance of Section — Property: a. Fire Department Service Charge; b. Pollutant Clean-up And Removal; c. Increased Cost Of Construction; d. Business Income From Dependent Properties; e. Electronic Data; and f. Interruption Of Computer Operations. 4. Building Limit — Automatic Increase a. In accordance with Paragraph C.4.b., the Limit of Insurance for Buildings will automatically increase by 8%, unless a different percentage of annual increase is shown in the Declarations. BP 00 03 07 13 © Insurance Services Office, Inc., 2012 Page 23 of 53 b. The amount of increase is calculated as D. Deductibles follows: 1. We will not pay for loss or damage in any one (1) Multiply the Building limit that applied on occurrence until the amount of loss or damage the most recent of the policy inception exceeds the Deductible shown in the date, the policy anniversary date or any Declarations. We will then pay the amount of other policy change amending the loss or damage in excess of the Deductible up Building limit by: to the applicable Limit of Insurance of Section (a) The percentage of annual increase — Property. shown in the Declarations, 2. Regardless of the amount of the Deductible, expressed as a decimal (example: the most we will deduct from any loss or 7% is .07); or damage under all of the following Optional (b) .08, if no percentage of annual Coverages in any one occurrence is the increase is shown in the Optional Coverage Deductible shown in the Declarations; and Declarations: (2) Multiply the number calculated in a. Money and Securities; accordance with b.(1) by the number of b. Employee Dishonesty; days since the beginning of the current c. Outdoor Signs; and policy year, or the effective date of the most recent policy change amending the d. Forgery or Alteration. Building limit, divided by 365. But this Optional Coverage Deductible will not Example increase the Deductible shown in the Declarations. This Deductible will be used to If: satisfy the requirements of the Deductible in The applicable Building limit is $100,000. the Declarations. The annual percentage increase is 8%. The 3. No deductible applies to the following number of days since the beginning of the Additional Coverages: policy year (or last policy change) is 146. a. Fire Department Service Charge; The amount of increase is $100,000 x .08 x 146 - 365 = $3,200. b. Business Income; c. Extra Expense; 5. Business Personal Property Limit — Seasonal Increase d. Civil Authority; and a. Subject to Paragraph 5.b., the Limit of e. Fire Extinguisher Systems Recharge Insurance for Business Personal Property is Expense. automatically increased by: E. Property Loss Conditions (1) The Business Personal Property — 1. Abandonment Seasonal Increase percentage shown in There can be no abandonment of any property the Declarations; or to us. (2) 25% if no Business Personal Property — 2. Appraisal Seasonal Increase percentage is shown in the Declarations; If we and you disagree on the amount of loss, to provide for seasonal variances. either may make written demand for an appraisal of the loss. In this event, each party b. The increase described in Paragraph 5.a. will select a competent and impartial appraiser. will apply only if the Limit Of Insurance The two appraisers will select an umpire. If shown for Business Personal Property in they cannot agree, either may request that the Declarations is at least 100% of your selection be made by a judge of a court having average monthly values during the lesser jurisdiction. The appraisers will state separately of: the amount of loss. If they fail to agree, they (1) The 12 months immediately preceding will submit their differences to the umpire. A the date the loss or damage occurs; or decision agreed to by any two will be binding. Each party will: (2) The period of time you have been in business as of the date the loss or a. Pay its chosen appraiser; and damage occurs. b. Bear the other expenses of the appraisal and umpire equally. Page 24 of 53 © Insurance Services Office, Inc., 2012 BP 00 03 07 13 If there is an appraisal, we will still retain our b. We may examine any insured under oath, right to deny the claim, while not in the presence of any other 3. Duties In The Event Of Loss Or Damage insured and at such times as may be reasonably required, about any matter a. You must see that the following are done in relating to this insurance or the claim, the event of loss or damage to Covered including an insured's books and records. In Property: the event of an examination, an insured's (1) Notify the police if a law may have been answers must be signed. broken. 4. Legal Action Against Us (2) Give us prompt notice of the loss or No one may bring a legal action against us damage. Include a description of the under this insurance unless: property involved. a. There has been full compliance with all of (3) As soon as possible, give us a the terms of this insurance; and description of how, when and where the loss or damage occurred. b. The action is brought within two years after the date on which the direct physical loss or (4) Take all reasonable steps to protect the damage occurred. Covered Property from further damage, and keep a record of your expenses 5. Loss Payment necessary to protect the Covered In the event of loss or damage covered by this Property, for consideration in the policy: settlement of the claim. This will not a. At our option, we will either: increase the Limits of Insurance of Section I — Property. However, we will (1) Pay the value of lost or damaged not pay for any subsequent loss or property; damage resulting from a cause of loss (2) Pay the cost of repairing or replacing the that is not a Covered Cause of Loss. lost or damaged property; Also, if feasible, set the damaged (3) Take all or any part of the property at an property aside and in the best possible agreed or appraised value; or order for examination. (5) At our request, give us complete (4) Repair, rebuild or replace the property inventories of the damaged and with other property of like kind and undamaged property. Include quantities, quality, subject to Paragraph d.(1)(e) costs, values and amount of loss below. claimed. b. We will give notice of our intentions within (6) As often as may be reasonably required, 30 days after we receive the sworn proof of permit us to inspect the property proving loss. the loss or damage and examine your c. We will not pay you more than your books and records. financial interest in the Covered Property. Also permit us to take samples of d. Except as provided in Paragraphs (2) damaged and undamaged property for through (7) below, we will determine the inspection, testing and analysis, and value of Covered Property as follows: permit us to make copies from your (1) At replacement cost without deduction books and records. for depreciation, subject to the following: (7) Send us a signed, sworn proof of loss (a) If, at the time of loss, the Limit of containing the information we request to Insurance on the lost or damaged investigate the claim. You must do this property is 80% or more of the full within 60 days after our request. We will replacement cost of the property supply you with the necessary forms. immediately before the loss, we will (8) Cooperate with us in the investigation or pay the cost to repair or replace, settlement of the claim, after application of the deductible (9) Resume all or part of your "operations" and without deduction for depreciation, but not more than the as quickly as possible. least of the following amounts: (i) The Limit of Insurance under Section I — Property that applies to the lost or damaged property; BP 00 03 07 13 © Insurance Services Office, Inc., 2012 Page 25 of 53 (ii) The cost to replace, on the same premises, the lost or damaged property with other property: i. Of comparable material and quality; and ii. Used for the same purpose; or (iii) The amount that you actually spend that is necessary to repair or replace the lost or damaged property. If a building is rebuilt at a new premises, the cost is limited to the cost which would have been incurred had the building been built at the original premises. (b) If, at the time of loss, the Limit of Insurance applicable to the lost or damaged property is less than 80% of the full replacement cost of the property immediately before the loss, we will pay the greater of the following amounts, but not more than the Limit of Insurance that applies to the property: (i) The actual cash value of the lost or damaged property; or (ii) A proportion of the cost to repair or replace the lost or damaged property, after application of the deductible and without deduction for depreciation. This proportion will equal the ratio of the applicable Limit of Insurance to 80% of the full replacement cost of the property. Example The full replacement cost of property which suffers a total loss is $100,000. The property is insured for $70,000. 80% of the full replacement cost of the property immediately before the loss is $80,000 ($100,000 x .80 = $80,000). A partial loss of $25,000 is sustained. The amount of recovery is determined as follows: Amount of recovery $70,000 - $80,000 = .875 .875 x $25,000 = $21,875 (c) You may make a claim for loss or damage covered by this insurance on an actual cash value basis instead of on a replacement cost basis. In the event you elect to have loss or damage settled on an actual cash value basis, you may still make a claim on a replacement cost basis if you notify us of your intent to do so within 180 days after the loss or damage. (d) We will not pay on a replacement cost basis for any loss or damage: (i) Until the lost or damaged property is actually repaired or replaced; and (ii) Unless the repair or replacement is made as soon as reasonably possible after the loss or damage. However, if the cost to repair or replace the damaged building property is $2,500 or less, we will settle the loss according to the provisions of Paragraphs d.(1)(a) and d.(1)(b) above whether or not the actual repair or replacement is complete. (e) The cost to repair, rebuild or replace does not include the increased cost attributable to enforcement of or compliance with any ordinance or law regulating the construction, use or repair of any property. (2) If the Actual Cash Value — Buildings option applies, as shown in the Declarations, Paragraph (1) above does not apply to Buildings. Instead, we will determine the value of Buildings at actual cash value. (3) The following property at actual cash value: (a) Used or secondhand merchandise held in storage or for sale; (b) Property of others. However, if an item(s) of personal property of others is subject to a written contract which governs your liability for loss or damage to that item(s), then valuation of that item(s) will be based on the amount for which you are liable under such contract, but not to exceed the lesser of the replacement cost of the property or the applicable Limit of Insurance; Page 26 of 53 © Insurance Services Office, Inc., 2012 BP 00 03 07 13 (c) Household contents, except personal property in apartments or rooms furnished by you as landlord; (d) Manuscripts; and (e) Works of art, antiques or rare articles, including etchings, pictures, statuary, marble, bronzes, porcelain and bric-a-brac. (4) Glass at the cost of replacement with safety glazing material if required by law. (5) Tenants' improvements and betterments at: (a) Replacement cost if you make repairs promptly. (b) A proportion of your original cost if you do not make repairs promptly. We will determine the proportionate value as follows: (i) Multiply the original cost by the number of days from the loss or damage to the expiration of the lease; and (ii) Divide the amount determined in (i) 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. (c) Nothing if others pay for repairs or replacement. (6) Applicable only to the Optional Coverages: (a) "Money" at its face value; and (b) "Securities" at their value at the close of business on the day the loss is discovered. (7) Applicable only to accounts receivable (a) If you cannot accurately establish the amount of accounts receivable outstanding as of the time of loss or damage: (i) We will determine the total of the average monthly amounts of accounts receivable for the 12 months immediately preceding the month in which the loss or damage occurs; and (ii) We will adjust that total for any normal fluctuations in the amount of accounts receivable for the month in which the loss or damage occurred or for any demonstrated variance from the average for that month. (b) The following will be deducted from the total amount of accounts receivable, however that amount is established: (i) The amount of the accounts for which there is no loss or damage; (ii) The amount of the accounts that you are able to reestablish or collect; (iii) An amount to allow for probable bad debts that you are normally unable to collect; and (iv) All unearned interest and service charges. e. Our payment for loss of or damage to personal property of others will only be for the account of the owners of the property. 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 claims against us for the owners' property. We will not pay the owners more than their financial interest in the Covered Property. f. We may elect to defend you against suits arising from claims of owners of property. We will do this at our expense. g. We will pay for covered loss or damage within 30 days after we receive the sworn proof of loss, provided you have complied with all of the terms of this policy, and: (1) We have reached agreement with you on the amount of loss; or (2) An appraisal award has been made. BP 00 03 07 13 © Insurance Services Office, Inc., 2012 Page 27 of 53 h. A party wall is a wall that separates and is common to adjoining buildings that are owned by different parties. In settling covered losses involving a party wall, we will pay a proportion of the loss to the party wall based on your interest in the wall in proportion to the interest of the owner of the adjoining building. However, if you elect to repair or replace your building and the owner of the adjoining building elects not to repair or replace that building, we will pay you the full value of the loss to the party wall, subject to all applicable policy provisions including Limits of Insurance and all other provisions of this Loss Payment Condition. Our payment under the provisions of this paragraph does not alter any right of subrogation we may have against any entity, including the owner or insurer of the adjoining building, and does not alter the terms of the Transfer Of Rights Of Recovery Against Others To Us Condition in this policy. 6. Recovered Property If either you or we recover any property after loss settlement, that party must give the other prompt notice. At your option, you may retain the property. But then you must return to us the amount we paid to you for the property. We will pay recovery expenses and the expenses to repair the recovered property, subject to the Limits of Insurance of Section I — Property. 7. Resumption Of Operations We will reduce the amount of your: a. Business Income loss, other than Extra Expense, to the extent you can resume your "operations", in whole or in part, by using damaged or undamaged property (including merchandise or stock) at the described premises or elsewhere. b. Extra Expense loss to the extent you can return "operations" to normal and discontinue such Extra Expense. 8. Vacancy a. Description Of Terms (1) As used in this Vacancy Condition, the term building and the term vacant have the meanings set forth in Paragraphs (a) and (b) below: (a) When this policy is issued to a tenant, and with respect to that tenant's interest in Covered Property, building means the unit or suite rented or leased to the tenant. Such building is vacant when it does not contain enough business personal property to conduct customary operations. (b) When this policy is issued to the owner or general lessee of a building, building means the entire building. Such building is vacant unless at least 31% of its total square footage is: (i) Rented to a lessee or sublessee and used by the lessee or sublessee to conduct its customary operations; and/or (ii) Used by the building owner to conduct customary operations. (2) Buildings under construction or renovation are not considered vacant. b. Vacancy Provisions If the building where loss or damage occurs has been vacant for more than 60 consecutive days before that loss or damage occurs: (1) We will not pay for any loss or damage caused by any of the following even if they are Covered Causes of Loss: (a) Vandalism; (b) Sprinkler leakage, unless you have protected the system against freezing; Page 28 of 53 © Insurance Services Office, Inc., 2012 BP 00 03 07 13 (c) Building glass breakage; (d) Water damage; (e) Theft; or (f) Attempted theft. (2) With respect to Covered Causes of Loss other than those listed in Paragraphs (1)(a) through (1)(f) above, we will reduce the amount we would otherwise pay for the loss or damage by 15%. F. Property General Conditions 1. 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 Form at any one or more locations will not affect coverage at any location where, at the time of loss or damage, the breach of condition does not exist. 2. Mortgageholders a. The term "mortgageholder" includes trustee. b. We will pay for covered loss of or damage to buildings or structures to each mortgageholder shown in the Declarations in their order of precedence, as interests may appear. c. The mortgageholder has the right to receive loss payment even if the mortgageholder has started foreclosure or similar action on the building or structure. d. If we deny your claim because of your acts or because you have failed to comply with the terms of this policy, the mortgageholder will still have the right to receive loss payment if the mortgageholder: (1) Pays any premium due under this policy at our request if you have failed to do so; (2) Submits a signed, sworn proof 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 mortgageholder. All of the terms of this policy will then apply directly to the mortgageholder. e. If we pay the mortgageholder for any loss or damage and deny payment to you because of your acts or because you have failed to comply with the terms of this policy: (1) The mortgageholder's rights under the mortgage will be transferred to us to the extent of the amount we pay; and (2) The mortgageholder's right to recover the full amount of the mortgageholder's claim will not be impaired. At our option, we may pay to the mortgageholder 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 mortgageholder 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 mortgageholder at least 10 days before the expiration date of this policy. 3. No Benefit To Bailee No person or organization, other than you, having custody of Covered Property will benefit from this insurance. 4. Policy Period, Coverage Territory Under Section I — Property: a. We cover loss or damage commencing: (1) During the policy period shown in the Declarations; and (2) Within the coverage territory or, with respect to property in transit, while it is between points in the coverage territory. b. The coverage territory is: (1) The United States of America (including its territories and possessions); (2) Puerto Rico; and (3) Canada. BP 00 03 07 13 © Insurance Services Office, Inc., 2012 Page 29 of 53 G. Optional Coverages b. In addition to the Limitations and Exclusions If shown as applicable in the Declarations, the applicable to Section I — Property, we will following Optional Coverages also apply. These not pay for loss: coverages are subject to the terms and conditions (1) Resulting from accounting or applicable to property coverage in this policy, arithmetical errors or omissions; except as provided below: (2) Due to the giving or surrendering of 1. Outdoor Signs property in any exchange or purchase; a. We will pay for direct physical loss of or or damage to all outdoor signs at the (3) Of property contained in any "money" - described premises: operated device unless the amount of (1) Owned by you; or "money" deposited in it is recorded by a continuous recording instrument in the (2) Owned by others but in your care, device. custody or control. c. The most we will pay for loss in any one b. Paragraph A.3., Covered Causes Of Loss occurrence is: and Paragraph B., Exclusions in Section I — Property do not apply to this Optional (1) The limit shown in the Declarations for Coverage, except for: Inside the Premises for "money" and "securities" while: (1) Paragraph B.1.c., Governmental Action; (a) In or on the described premises; or (2) Paragraph B.1.d., Nuclear Hazard; and (b) Within a bank or savings institution; (3) Paragraph B.1.f., War And Military and Action. (2) The limit shown in the Declarations for c. We will not pay for loss or damage caused Outside the Premises for "money" and by or resulting from: "securities" while anywhere else. (1) Wear and tear; d. All loss: (2) Hidden or latent defect; (1) Caused by one or more persons; or (3) Rust; (2) Involving a single act or series of related (4) Corrosion; or acts; (5) Mechanical breakdown. is considered one occurrence. d. The most we will pay for loss or damage in e. You must keep records of all "money" and any one occurrence is the Limit Of "securities" so we can verify the amount of Insurance for Outdoor Signs shown in the any loss or damage. Declarations. 3. Employee Dishonesty e. The provisions of this Optional Coverage a. We will pay for direct loss of or damage to supersede all other references to outdoor Business Personal Property and "money" signs in this policy. and "securities" resulting from dishonest 2. Money And Securities acts committed by any of your employees a. We will pay for loss of "money" and acting alone or in collusion with other "securities" used in your business while at a persons (exceptyou bank or savings institution, within your living ipt t the mnsife quarters or the living quarters of your (1) Cause you to sustain loss or damage; partners or any employee (including a and also temporary or leased employee) having use (2) Obtain financial benefit (other than and custody of the property, at the salaries, commissions, fees, bonuses, described premises, or in transit between promotions, awards, profit sharing, any of these places, resulting directly from: pensions or other employee benefits (1) Theft, meaning any act of stealing; earned in the normal course of (2) Disappearance; or employment) for: (3) Destruction. (a) Any employee; or (b) Any other person or organization. Page 30 of 53 © Insurance Services Office, Inc., 2012 BP 00 03 07 13 b. We will not pay for loss or damage: (1) Resulting from any dishonest or criminal act that you or any of your partners or "members" commit whether acting alone or in collusion with other persons. (2) Resulting from any dishonest act committed by any of your employees (except as provided in Paragraph a.), "managers" or directors: (a) Whether acting alone or in collusion with other persons; or (b) While performing services for you or otherwise. (3) The only proof of which as to its existence or amount is: (a) An inventory computation; or (b) A profit and loss computation. (4) Caused by an employee if the employee had also committed theft or any other dishonest act prior to the effective date of this policy and you or any of your partners, "members", "managers", officers, directors or trustees, not in collusion with the employee, learned of that theft or dishonest act prior to the policy period shown in the Declarations. c. The most we will pay for loss or damage in any one occurrence is the Limit Of Insurance for Employee Dishonesty shown in the Declarations. d. All loss or damage: (1) Caused by one or more persons; or (2) Involving a single act or series of acts; is considered one occurrence. e. If any loss is covered: (1) Partly by this insurance; and (2) Partly by any prior cancelled 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. We will pay only for loss or damage you sustain through acts committed or events occurring during the policy period. Regardless of the number of years this policy remains in force or the number of premiums paid, no Limit of Insurance cumulates from year to year or period to period. f. This Optional Coverage is cancelled as to any employee immediately upon discovery by: (1) You; or (2) Any of your partners, "members", "managers", officers or directors not in collusion with the employee; of any dishonest act committed by that employee before or after being hired by you. g. We will pay only for covered loss or damage sustained during the policy period and discovered no later than one year from the end of the policy period. h. If you (or any predecessor in interest) sustained loss or damage during the policy period of any prior insurance that you could have recovered under that insurance except that the time within which to discover loss or damage had expired, we will pay for it under this Optional Coverage, provided: (1) This Optional Coverage became effective at the time of cancellation or termination of the prior insurance; and (2) The loss or damage would have been covered by this Optional Coverage had it been in effect when the acts or events causing the loss or damage were committed or occurred. i. The insurance under Paragraph h. above is part of, not in addition to, the Limit of Insurance applying to this Optional Coverage and is limited to the lesser of the amount recoverable under: (1) This Optional Coverage as of its effective date; or (2) The prior insurance had it remained in effect. j. With respect to the Employee Dishonesty Optional Coverage in Paragraph G.3., 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; BP 00 03 07 13 © Insurance Services Office, Inc., 2012 Page 31 of 53 (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; (3) Any natural person who is leased to you under a written agreement between you and a labor leasing firm, to perform duties related to the conduct of your business, but does not mean a temporary employee as defined in Paragraph (2) above; (4) Any natural person who is a former employee, director, partner, member, manager, representative or trustee retained as a consultant while performing services for you; or (5) Any natural person who is a guest student or intern pursuing studies or duties, excluding, however, any such person while having care and custody of property outside any building you occupy in conducting your business. But employee does not mean: (1) Any agent, broker, factor, commission merchant, consignee, independent contractor or representative of the same general character; or (2) Any "manager", director or trustee except while performing acts coming within the usual duties of an employee. 4. Equipment Breakdown Protection Coverage a. We will pay for direct loss of or damage to Covered Property caused by or resulting from a mechanical breakdown or electrical failure to pressure, mechanical or electrical machinery and equipment. Mechanical breakdown or electrical failure to pressure, mechanical or electrical machinery and equipment does not mean any: (1) Malfunction including but not limited to adjustment, alignment, calibration, cleaning or modification; (2) Leakage at any valve, fitting, shaft seal, gland packing, joint or connection; (3) Damage to any vacuum tube, gas tube, or brush; or b. Paragraphs A.4.a.(1) and A.4.a.(2), Limitations, do not apply to this Optional Coverage. c. With respect to the coverage provided by this Optional Coverage, the following exclusions in Paragraph B. Exclusions do not apply: (1) Paragraph B.2.a., Electrical Apparatus; (2) Paragraph B.2.d., Steam Apparatus; and (3) Paragraph B.2.1.(6), Mechanical Breakdown. d. With respect to the coverage provided by this Optional Coverage, Paragraph G.1.c.(5) of the Outdoor Signs Optional Coverage does not apply. e. If a dollar deductible is shown in the Declarations for this Optional Coverage, we will first subtract the applicable deductible amount from any loss we would otherwise pay. We will then pay the amount of loss in excess of the applicable deductible up to the applicable limit for this coverage. If no optional deductible is chosen for this Optional Coverage, the Property Deductible shown in the Declarations applies. f. With respect to Additional Coverages 5.f. Business Income and 5.g. Extra Expense, if the 72 -hour time period in the definition of "period of restoration" (hereinafter referred to as time deductible) is amended for this Optional Coverage as shown in the Declarations, we will not pay for any Business Income loss that occurs during the consecutive number of hours shown as the time deductible in the Declarations immediately following a mechanical breakdown or electrical failure. If a time deductible is shown in days, each day shall mean 24 consecutive hours. With respect to the coverage provided by this Optional Coverage, any time deductible shown in the Declarations for Equipment Breakdown Protection Coverage supersedes any time deductible otherwise applicable to the Business Income coverage provided by this policy. g. With respect to the coverage provided by this Optional Coverage, Paragraph H. Property Definitions is amended as follows: (4) The functioning of any safety or 1. "Computer" means: protective device. a. Programmable electronic equipment that is used to store, retrieve and process data; and Page 32 of 53 © Insurance Services Office, Inc., 2012 BP 00 03 07 13 b. Associated peripheral equipment that provides communication, including input and output functions such as printing and auxiliary functions such as data transmission. "Computer" includes those used to operate production -type machinery or equipment. h. Whenever any covered pressure, mechanical or electrical machinery and equipment is found to be in, or exposed to, a dangerous condition, any of our representatives may suspend coverage provided by this Optional Coverage for loss from a mechanical breakdown or electrical failure to that pressure, mechanical or electrical machinery and equipment. However, coverage provided by this Optional Coverage may be reinstated for loss from a mechanical breakdown or electrical failure to that pressure, mechanical or electrical machinery and equipment if the reasons for the suspension are found by any of our representatives to no longer exist. We may suspend or reinstate this Optional coverage by mailing or delivering a written notification regarding the suspension or reinstatement to: (1) Your last known address; or (2) The address where the pressure, mechanical or electrical machinery and equipment is located. This notification will indicate the effective date of the suspension or reinstatement. If the coverage provided by this Optional Coverage is not reinstated, you will get a pro rata refund of premium. But the suspension will be effective even if we have not yet made or offered a refund. H. Property Definitions 1. "Computer" means a. Programmable electronic equipment that is used to store, retrieve and process data; and b. Associated peripheral equipment that provides communication, including input and output functions such as printing and auxiliary functions such as data transmission. "Computer" does not include those used to operate production -type machinery or equipment. 2. "Counterfeit money" means an imitation of "money" that is intended to deceive and to be taken as genuine. 3. "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. 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. 4. "Fungi" means any type or form of fungus, including mold or mildew, and any mycotoxins, spores, scents or by-products produced or released by fungi. 5. "Manager" means a person serving in a directorial capacity for a limited liability company. 6. "Member" means an owner of a limited liability company represented by its membership interest, who also may serve as a "manager". 7. "Money" means: a. Currency, coins and bank notes in current use and having a face value; and b. Traveler's checks, register checks and money orders held for sale to the public. 8. "Operations" means your business activities occurring at the described premises. 9. "Period of restoration": a. Means the period of time that: (1) Begins (a) 72 hours after the time of direct physical loss or damage for Business Income Coverage; or (b) Immediately after the time of direct physical loss or damage for Extra Expense Coverage; caused by or resulting from any Covered Cause of Loss at the described premises; and BP 00 03 07 13 © Insurance Services Office, Inc., 2012 Page 33 of 53 (2) Ends on the earlier of: (a) The date when the property at the described premises should be repaired, rebuilt or replaced with reasonable speed and similar quality; or (b) The date when business is resumed at a new permanent location. b. Does not include any increased period required due to the enforcement of or compliance with any ordinance or law that: (1) Regulates the construction, use or repair, or requires the tearing down of any property; or (2) Requires any insured or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants". The expiration date of this policy will not cut short the "period of restoration". 10. "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. 11. "Securities" means negotiable and nonnegotiable 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 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. "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 into man- made underground cavities. b. Falling objects does not include loss of or damage to: (1) Personal property in the open; or (2) The interior of a building or structure, or property inside a building or structure, unless the roof or an outside wall of the building or structure is first damaged by a falling object. c. Water damage means (1) Accidental discharge or leakage of water or steam as the direct result of the breaking apart or cracking of any part of a system or appliance (other than a sump system including its related equipment and parts) containing water or steam; and (2) Accidental discharge or leakage of water or waterborne material as the direct result of the breaking apart or cracking of a water or sewer pipe that is located off the described premises and is part of a municipal potable water supply system or municipal sanitary sewer system, if the breakage or cracking is caused by wear and tear. But water damage does not include loss or damage otherwise excluded under the terms of the Water Exclusion. Therefore, for example, there is no coverage in the situation in which discharge or leakage of water results from the breaking apart or cracking of a pipe which was caused by or related to weather -induced flooding, even if wear and tear contributed to the breakage or cracking. As another example, and also in accordance with the terms of the Water Exclusion, there is no coverage for loss or damage caused by or related to weather - induced flooding which follows or is exacerbated by pipe breakage or cracking attributable to wear and tear. To the extent that accidental discharge or leakage of water falls within the criteria set forth in c.(1) or c.(2) of this definition of "specified causes of loss", such water is not subject to the provisions of the Water Exclusion which preclude coverage for surface water or water under the ground surface. 13. "Stock" means merchandise held in storage or for sale, raw materials and in -process or finished goods, including supplies used in their packing or shipping. Page 34 of 53 © Insurance Services Office, Inc., 2012 BP 00 03 07 13 14. "Valuable papers and records" means inscribed, printed or written: a. Documents; b. Manuscripts; and c. Records; including abstracts, books, deeds, drawings, films, maps or mortgages. But "valuable papers and records" does not mean "money" or "securities". SECTION II— LIABILITY A. Coverages 1. Business Liability a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this 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", "property damage" or "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" or 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 Paragraph D. Liability And Medical Expenses Limits Of Insurance in Section II — Liability; 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 or medical expenses. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Paragraph f. Coverage Extension — Supplementary Payments. b. This insurance applies: (1) To "bodily injury" and "property damage" only if: (a) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (b) The "bodily injury" or "property damage" occurs during the policy period; and (c) Prior to the policy period, no insured listed under Paragraph C.1. 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 before the policy period. (2) 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. 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 C.1. 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 "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 C.1. 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". BP 00 03 07 13 © Insurance Services Office, Inc., 2012 Page 35 of 53 f. Coverage Extension — Supplementary (2) If we defend an insured against a "suit" Payments and an indemnitee of the insured is also (1) We will pay, with respect to any claim named as a party to the "suit", we will we investigate or settle, or any "suit" defend that indemnitee if all of the against an insured we defend: following conditions are met: (a) All expenses we incur. (a) The "suit" against the indemnitee seeks damages for which the (b) Up to $250 for cost of bail bonds insured has assumed the liability of required because of accidents or the indemnitee in a contract or traffic law violations arising out of the agreement that is an "insured use of any vehicle to which Business contract"; Liability Coverage for "bodily injury" applies. We do not have to furnish (b) This insurance applies to such these bonds. liability assumed by the insured; (c) The cost of bonds to release (c) The obligation to defend, or the cost attachments, but only for bond of the defense of, that indemnitee, amounts within our Limit of has also been assumed by the Insurance. We do not have to furnish insured in the same "insured these bonds. contract"; (d) All reasonable expenses incurred by (d) The allegations in the "suit" and the the insured at our request to assist information we know about the us in the investigation or defense of "occurrence" are such that no conflict the claim or "suit", including actual appearsexistbbetween loss of earnings up to $250 a day interests of the insured and the because of time off from work. interests of the indemnitee; (e) All court costs taxed against the (e) The indemnitee and the insured ask insured in the "suit". However, these us to conduct and control the payments do not include attorneys' defense of that indemnitee against fees or attorneys' expenses taxed such "suit" and agree that we can against the insured, assign the same counsel to defend the insured and the indemnitee; and (f) Prejudgment interest awarded against the insured on that part of (f) The indemnitee: the judgment we pay. If we make an (i) Agrees in writing to: offer to pay the Limit of Insurance, i. Cooperate with us in the we will not pay any prejudgment investigation, settlement or interest based on that period of time defense of the "suit"; after the offer. ii. Immediately send us copies of (g) All interest on the full amount of any any demands, notices, judgment that accrues after entry of summonses or papers orcolegal r the judgment and before we have received in iopn with paid, offered to pay, or deposited in c "suit"; court the part of the judgment that is within our Limit of Insurance. iii. Notify any other insurer whose coverage is available These payments will not reduce the limit to the indemnitee; and of liability, Page 36 of 53 © Insurance Services Office, Inc., 2012 BP 00 03 07 13 iv. Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (ii) Provides us with written authorization to: i. Obtain records and other information related to the "suit"; and ii. Conduct and control the defense of the indemnitee in such "suit". (3) So long as the conditions in Paragraph (2) 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 B.1.b.(2) Exclusions in Section II — 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: (a) We have used up the applicable Limit of Insurance in the payment of judgments or settlements; or (b) The conditions set forth above, or the terms of the agreement described in Paragraph (2)(f) above, are no longer met. 2. Medical Expenses 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 Limits of Insurance of Section II — Liability. 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 professional services. B. Exclusions ambulance, hospital, nursing and funeral 1. Applicable To Business Liability Coverage 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 BP 00 03 07 13 © Insurance Services Office, Inc., 2012 Page 37 of 53 (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. 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 allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of others by an 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. WorkersCompensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. (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". 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 e. Employer's Liability (iii) "Bodily injury" or "property "Bodily injury" to: damage" arising out of heat, (1) An "employee" of the insured arising out smoke or fumes from a "hostile of and in the course of: fire"; (a) Employment by the insured; or Page 38 of 53 © Insurance Services Office, Inc., 2012 BP 00 03 07 13 (b) At or from any premises, site or (ii) "Bodily injury" or "property location which is or was at any time damage" sustained within a used by or for any insured or others building and caused by the for the handling, storage, disposal, release of gases, fumes or processing or treatment of waste; vapors from materials brought (c) Which are or were at any time into that building in connection transported, handled, stored, treated, with operations being performed disposed of, or processed as waste by you or on your behalf by a by or for: contractor or subcontractor; or (i) Any insured; or (iii) "Bodily injury" or "property damage" arising out of heat, (ii) Any person or organization for smoke or fumes from a "hostile whom you may be legally fire"; or responsible; (e) At or from any premises, site or (d) At or from any premises, site or location on which any insured or any location on which any insured or any contractors or subcontractors contractors or subcontractors working directly or indirectly on any working directly or indirectly on any insured's behalf are performing insured's behalf are performing operations if the operations are to operations if the "pollutants" are test for, monitor, clean up, remove, brought on or to the premises, site or contain, treat, detoxify or neutralize, location in connection with such or in any way respond to, or assess operations by such insured, the effects of, "pollutants". contractor or subcontractor. However, this subparagraph does (2) Any loss, cost or expense arising out of not apply to: any: (i) "Bodily injury" or "property order ort statutory (a) eqe us , demand, u o damage" arising out of the o redthat any escape of fuels, lubricants or insured or others test for, monitor, other operating fluids which are clean up, remove, contain, treat, needed to perform the normal detoxify or neutralize, or in any way electrical, hydraulic or respond to, or assess the effects of, mechanical functions necessary "pollutants"; or for the operation of "mobile (b) Claim or "suit" by or on behalf of a equipment" or its parts, if such governmental authority for damages fuels, lubricants or other because of testing for, monitoring, operating fluids escape from a cleaning up, removing, containing, vehicle part designed to hold, treating, detoxifying or neutralizing, store or receive them. This or in any way responding to, or exception does not apply if the assessing the effects of, "pollutants". "bodily injury" or "property However, this paragraph does not apply damage" arises out of the to liability for damages because of intentional discharge, dispersal or "property damage" that the insured release of the fuels, lubricants or would have in the absence of such other operating fluids, or if such request, demand, order or statutory or fuels, lubricants or other regulatory requirement or such claim or operating fluids are brought on or "suit" by or on behalf of a governmental to the premises, site or location authority. with the intent that they be discharged, dispersed or g. Aircraft, Auto Or Watercraft released as part of the operations "Bodily injury" or "property damage" arising being performed by such insured, out of the ownership, maintenance, use or contractor or subcontractor; entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". BP 00 03 07 13 © Insurance Services Office, Inc., 2012 Page 39 of 53 This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an 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 51 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 or motor vehicle registration law where it is licensed or principally garaged; or (b) The operation of any of the following machinery or equipment: (i) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (ii) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing 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", "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) Insurrection, rebellion, revolution, usurped power, or action taken by government authority in hindering or defending against any of these. j. Professional Services "Bodily injury", "property damage" or "personal and advertising injury" caused by the rendering or failure to render any professional service. This includes but is not limited to: (1) Legal, accounting or advertising services; (2) Preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; (3) Supervisory, inspection or engineering services; (4) Medical, surgical, dental, X-ray or nursing services treatment, advice or instruction; (5) Any health or therapeutic service treatment, advice or instruction; (6) Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement or personal grooming; Page 40 of 53 © Insurance Services Office, Inc., 2012 BP 00 03 07 13 (7) Optometry or optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; (8) Body piercing services; and (9) Services in the practice of pharmacy. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering or failure to render of any professional service. k. Damage To Property "Property damage" to: (1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractor or subcontractor working directly or indirectly on your behalf is 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 Paragraph D. Liability And Medical Expenses Limits Of Insurance in Section II — Liability. 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". I. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. m. 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. n. 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. o. 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"; BP 00 03 07 13 © Insurance Services Office, Inc., 2012 Page 41 of 53 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. p. Personal And Advertising Injury "Personal and advertising injury": (1) 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) 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; (3) Arising out of oral or written publication, in any manner, of material whose first publication took place before the beginning of the policy period; (4) 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; (5) Arising out of a breach of contract, except an implied contract to use another's advertising idea in your "advertisement"; (6) Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement"; (7) Arising out of the wrong description of the price of goods, products or services stated in your "advertisement"; (8) Committed by an insured whose business is: (a) Advertising, broadcasting, publishing or telecasting; (b) Designing or determining content of web sites for others; or (c) 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 Paragraph F. Liability And Medical Expenses Definitions. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, by itself, is not considered the business of advertising, broadcasting, publishing or telecasting; (9) Arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time; (10) With respect to any loss, cost or expense arising out of any: (a) Request, demand or order that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "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"; (11) Arising out of an electronic chatroom or bulletin board the insured hosts, owns or over which the insured exercises control; (12) 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; (13) Arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers. q. 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". Page 42 of 53 © Insurance Services Office, Inc., 2012 BP 00 03 07 13 As used in this exclusion, electronic data Exclusions c., d., e., f., g., h., i., k., I., m., n. means information, facts or computer and o. in Section II — Liability do not apply to programs stored as or on, created or used damage by fire to premises while rented to on, or transmitted to or from computer you, or temporarily occupied by you with software (including systems and permission of the owner. A separate Damage applications software), on hard or floppy To Premises Rented To You Limit of Insurance disks, CD-ROMs, tapes, drives, cells, data applies to this coverage as described in processing devices or any other Paragraph D. Liability And Medical Expenses repositories of computer software which are Limits of Insurance in Section II — Liability. used with electronically controlled 2. Applicable To Medical Expenses Coverage equipment. The term computer programs, referred to in the foregoing description of We will not pay expenses for "bodily injury": electronic data, means a set of related a. To any insured, except "volunteer workers". electronic instructions which direct the b. To a person hired to do work for or on operations and functions of a computer or behalf of any insured or a tenant of any device connected to it, which enable the insured. computer or device to receive, process, store, retrieve or send data. c. To a person injured on that part of premises r. Criminal Acts you own or rent that the person normally occupies. "Personal and advertising injury arising out d. To a person, whether or not an "employee" of a criminal act committed by or at the of any insured, if benefits for the "bodily direction of the insured. injury" are payable or must be provided s. Recording And Distribution Of Material under a workers' compensation or disability Or Information In Violation Of Law benefits law or a similar law. "Bodily injury", "property damage" or e. To a person injured while practicing, "personal and advertising injury" arising instructing or participating in any physical directly or indirectly out of any action or exercises or games, sports or athletic omission that violates or is alleged to contests. violate: f. Included within the "products -completed (1) The Telephone Consumer Protection operations hazard". Act (TCPA), including any amendment g. Excluded under Business Liability of or addition to such law; Coverage. (2) The CAN-SPAM Act of 2003, including 3. Applicable To Both Business Liability any amendment of or addition to such Coverage And Medical Expenses Coverage law; — Nuclear Energy Liability Exclusion (3) The Fair Credit Reporting Act (FCRA), This insurance does not apply: pp y' and any amendment of or addition to such law, including the Fair and a. Under Business Liability Coverage, to Accurate Credit Transaction Act "bodily injury" or "property damage": (FACTA); or (1) With respect to which an insured under (4) Any federal, state or local statute, the policy is also an insured under a ordinance or regulation, other than the nuclear energy liability policy issued by TCPA, CAN-SPAM Act of 2003 or the Nuclear Energy Liability Insurance FCRA and their amendments and Association, Mutual Atomic Energy additions, that addresses, prohibits, or Liability Underwriters or Nuclear limits the printing, dissemination, Insurance Association of Canada, or disposal, collecting, recording, sending, would be an insured under any such transmitting, communicating or policy but for its termination upon distribution of material or information, exhaustion of its limit of liability; or BP 00 03 07 13 © Insurance Services Office, Inc., 2012 Page 43 of 53 (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which: (a) Any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof; or (b) The insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. b. Under Medical Expenses Coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. c. Under Business Liability Coverage, to "bodily injury" or "property damage" resulting from the "hazardous properties" of the "nuclear material"; if: (1) The "nuclear material": (a) Is at any "nuclear facility" owned by, or operated by or on behalf of, an insured; or (b) Has been discharged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an insured; or (3) The "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 (3) applies only to "property damage" to such "nuclear facility" and any property thereat. d. As used in this exclusion: (2) "Hazardous properties" include radioactive, toxic or explosive properties; (3) "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 the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; (4) "Nuclear material" means "source material", "special nuclear material" or "by-product material"; (5) "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; (6) "Property damage" includes all forms of radioactive contamination of property; (7) "Source material" has the meaning given it in the Atomic Energy Act of 1954 or in any law amendatory thereof; (8) "Special nuclear material" has the meaning given it in the Atomic Energy Act of 1954 or in any law amendatory thereof; (1) "By-product material" has the meaning (9) "Spent fuel" means any fuel element or given it in the Atomic Energy Act of fuel component, solid or liquid, which 1954 or in any law amendatory thereof; has been used or exposed to radiation in a "nuclear reactor": Page 44 of 53 © Insurance Services Office, Inc., 2012 BP 00 03 07 13 (10) "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 Paragraphs (a) and (b) of the definition of "nuclear facility". C. 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. 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), or 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" as a consequence of Paragraph (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 (a) or (b); 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; BP 00 03 07 13 © Insurance Services Office, Inc., 2012 Page 45 of 53 (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 policy. 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. D. Liability And Medical Expenses Limits Of Insurance 1. The Limits of Insurance of Section II — Liability 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 most we will pay for the sum of all damages because of all: a. "Bodily injury", "property damage" and medical expenses arising out of any one "occurrence"; and b. "Personal and advertising injury" sustained by any one person or organization; 3. The most we will pay under Business Liability Coverage for damages because of "property damage" to a premises while rented to you or in the case of fire while rented to you or temporarily occupied by you with permission of the owner is the applicable Damage To Premises Rented To You limit shown for that premises in the Declarations. For a premises temporarily occupied by you, the applicable limit will be the highest Damage To Premises Rented To You limit shown in the Declarations. 4. Aggregate Limits The most we will pay for: a. All "bodily injury" and "property damage" that is included in the "products -completed operations hazard" is twice the Liability and Medical Expenses limit. b. All: (1) "Bodily injury" and "property damage" except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; (2) Plus medical expenses; (3) Plus all "personal and advertising injury" caused by offenses committed; is twice the Liability and Medical Expenses limit. Subject to Paragraph a. or b. above, whichever applies, the Damage To Premises Rented To You limit is the most we will pay for damages because of "property damage" to any one premises, while rented to you, or in the case of fire, while rented to you or temporarily occupied by you with permission of the owner. The Limits of Insurance of Section II — Liability apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. Liability And Medical Expenses General Conditions is the Liability and Medical Expenses limit 1. Bankruptcy shown in the Declarations. But the most we will Bankruptcy or insolvency of the insured or of pay for all medical expenses because of the insured's estate will not relieve us of our "bodily injury" sustained by any one person is obligations under this policy. the Medical Expenses limit shown in the Declarations. Page 46 of 53 © Insurance Services Office, Inc., 2012 BP 00 03 07 13 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 F (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 that 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 policy: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable Limit of Insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Separation Of Insureds Except with respect to the Limits of Insurance of Section II — Liability, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. Liability And Medical Expenses 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 or motor vehicle registration 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; BP 00 03 07 13 © Insurance Services Office, Inc., 2012 Page 47 of 53 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: (1) The repair, replacement, adjustment or removal of "your product" or "your work"; or (2) Your fulfilling the terms of the contract or agreement. 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of 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, roadbeds, 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, drawings, opinions, reports, surveys, change orders, designs or 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 Paragraph (2) above and supervisory, inspection or engineering services. 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". Page 48 of 53 © Insurance Services Office, Inc., 2012 BP 00 03 07 13 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, on which are 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. 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 land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where they are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law or motor vehicle registration 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; BP 00 03 07 13 © Insurance Services Office, Inc., 2012 Page 49 of 53 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" 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. 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 the job site has been put to its intended use by any other 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. The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of "your product" for consumption on premises you own or rent. 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. 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. As used in this definition, electronic data means information, facts or programs stored as, 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 Page 50 of 53 © Insurance Services Office, Inc., 2012 BP 00 03 07 13 (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. SECTION III - COMMON POLICY CONDITIONS (APPLICABLE TO SECTION I - PROPERTY AND SECTION II— LIABILITY) A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or 3. We will mail or deliver our notice to the first delivering to the first Named Insured written Named Insured's last mailing address known to notice of cancellation at least: us. Buildings with 65% or more of the rental units or floor area vacant or unoccupied are considered unoccupied under this provision. (2) After damage by a Covered Cause of Loss, permanent repairs to the building: (a) Have not started; and (b) Have not been contracted for; within 30 days of initial payment of loss. (3) The building has: (a) An outstanding order to vacate; (b) An outstanding demolition order; or (c) Been declared unsafe by governmental authority. (4) 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 remodeling. (5) Failure to: (a) Furnish necessary heat, water, sewer service or electricity for 30 consecutive days or more, except during a period of seasonal unoccupancy; or (b) Pay property taxes that are owing and have been outstanding for more than one year following the date due, except that this provision will not apply where you are in a bona fide dispute with the taxing authority regarding payment of such taxes. b. 10 days before the effective date of cancellation if we cancel for nonpayment of premium. c. 30 days before the effective date of cancellation if we cancel for any other reason. a. Five days before the effective date of cancellation if any one of the following conditions exists at any building that is Covered Property in this policy: (1) The building has been vacant or unoccupied 60 or more consecutive days. This does not apply to: (a) Seasonal unoccupancy; or (b) Buildings in the course of construction, renovation or addition. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. BP 00 03 07 13 © Insurance Services Office, Inc., 2012 Page 51 of 53 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is 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. Concealment, Misrepresentation Or Fraud This policy is void in any case of fraud by you as it relates to this policy at any time. It is also void if you or any other insured, at any time, intentionally conceals or misrepresents a material fact concerning: 1. This policy; 2. The Covered Property; 3. Your interest in the Covered Property; or 4. A claim under this policy. D. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. E. 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 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. And we do not warrant that conditions: a. Are safe and 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 recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators. F. 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. G. Liberalization If we adopt any revision that would broaden the coverage under this policy without additional premium within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this policy. H. Other Insurance 1. If there is other insurance covering the same loss or damage, 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 Insurance of Section I — Property. 2. Business Liability Coverage is excess over: a. Any other insurance that insures for direct physical loss or damage; or b. Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional insured. 3. When this insurance is excess, we will have no duty under Business Liability Coverage 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. I. Premiums 1. The first Named Insured shown in the Declarations: a. Is responsible for the payment of all premiums; and b. Will be the payee for any return premiums we pay. 2. The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal, continuation or anniversary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. Page 52 of 53 © Insurance Services Office, Inc., 2012 BP 00 03 07 13 3. With our consent, you may continue this policy in force by paying a continuation premium for each successive one-year period. The premium must be: a. Paid to us prior to the anniversary date; and b. Determined in accordance with Paragraph 2. above. Our forms then in effect will apply. If you do not pay the continuation premium, this policy will expire on the first anniversary date that we have not received the premium. 4. Undeclared exposures or change in your business operation, acquisition or use of locations may occur during the policy period that are not shown in the Declarations. If so, we may require an additional premium. That premium will be determined in accordance with our rates and rules then in effect. J. Premium Audit 1. This policy is subject to audit if a premium designated as an advance premium is shown in the Declarations. We will compute the final premium due when we determine your actual exposures. 2. Premium shown in this policy 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 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. 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. K. Transfer Of Rights Of Recovery Against Others To Us 1. Applicable to Businessowners Property Coverage: If any person or organization to or for whom we make payment under this policy has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing: a. Prior to a loss to your Covered Property b. After a loss to your Covered Property only if, at time of loss, that party is one of the following: (1) Someone insured by this insurance; (2) A business firm: (a) Owned or controlled by you; or (b) That owns or controls you; or (3) Your tenant. You may also accept the usual bills of lading or shipping receipts limiting the liability of carriers. This will not restrict your insurance. 2. Applicable to Businessowners Liability Coverage: If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. L. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. BP 00 03 07 13 © Insurance Services Office, Inc., 2012 Page 53 of 53 GENETICALLY MODIFIED ORGANISM OR SUBSTANCE EXCLUSION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The policy is amended as follows: 1. The following exclusion is added to SECTION II — LIABILITY: This insurance does not apply to: Genetic Modifications (1) "Property damage" arising out of, in connection with, caused directly or indirectly by, or in any way related to any "genetically modified organism or substance", however caused, including but not limited to "property damage" arising out of or in connection with, caused directly or indirectly by, or in any way related to, the actual, alleged or threatened use, development, testing, discharge, disposal, dispersal, mishandling, migration, pollination, inhalation, ingestion, existence, breeding, presence, spread, release, or escape of, exposure to, or mixing, co -mingling or contact with, any "genetically modified organism or substance", regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such injury or damage. (2) Any loss, cost or expense arising out of any: (a) Request, demand, claim, "suit" or order that any insured or others abate, test for, monitor, clean up, remove, contain, treat, neutralize, detoxify, remediate, dispose of, or in any way respond to or assess the effects of any "genetically modified organism or substance"; or (b) Request, demand, claim, "suit" or order by or on behalf of a governmental authority for damages because of testing for, abating, cleaning up, removing, containing, treating, neutralizing, detoxifying, remediating, disposing or in any way responding to, or assessing the effect of any "genetically modified organism or substance". We will have no duty to investigate any claim or defend any "suit" arising out of or in any way related to any "genetically modified organism or substance" excluded by this endorsement. 2. The following definitions are added to SECTION II - LIABILITY, Section F. Liability and Medical Expenses Definitions: "Genetically modified" means a process through science, engineering, biotechnology, technology or any other means or method that changes, alters, mutates or manipulates the genome, the chromosomes, the sequence of DNA, or the DNA of a gene or otherwise modifies a gene, changes the genetic makeup of cells, silences, depresses, represses or lessens the expression of a gene, removes a gene, or moves one or more genes across species boundaries. The term "genetically modified" includes, but is not limited to, any novel combination of genetic material obtained through the use of modern biotechnology, genetic engineering, gene therapy, cloning, recombinant DNA technology, transgenic technology and nuclear BOP -43603 (08/14) Page 1 of 2 transfer technology. However "genetically modified" does not mean the traditional horticultural practices of crossbreeding, plant limb grafting, or radiation breeding by random mutagenesis. "Genetically modified organism or substance" means any "genetically modified" food, feed, bean, seed, plant, grain, crop, shrub, tree, organism, virus, microbe, animal or any other material, organism, life form, or substance, living or dead. 3. The addition of this endorsement does not imply that other policy provisions, including but not limited to any "products -completed operations hazard" exclusion or pollution or contamination exclusion, do not also exclude coverage for any "genetically modified organism or substance". All other terms and conditions of this policy remain unchanged. BOP -43603 (08/14) Page 2 of 2 CHUBS POLLUTION, ORGANIC PATHOGEN, SILICA, ASBESTOS AND LEAD EXCLUSION WITH HOSTILE FIRE AND HUMAN FOOD PRODUCT EXCEPTIONS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SECTION II - LIABILITY of the policy is amended as follows: Exclusion f. Pollution is deleted and replaced by the following: Pollution, Organic Pathogen, Silica, Asbestos and Lead (1) "Bodily injury" or "property damage"; or (2) Diminishing or lessening in value of property or for damages from the taking, use or acquisition or interference with the rights of others in property or air space; or (3) Loss, cost or expense, including but not limited to payment for investigation or defense, fines and penalties, arising out of any governmental or any private party action, that an insured or any other party test for, monitor, clean up, remove, contain, mitigate, treat, detoxify or neutralize or in any way respond to or assess the actual or alleged effects of "pollutants", "organic pathogens", "silica", asbestos, or lead; arising directly, indirectly, in concurrence with or in any sequence out of the actual, alleged or threatened presence of or exposure to, ingestion, inhalation, absorption, contact with discharge, dispersal, seepage, release or escape of "pollutants", "organic pathogens", "silica", asbestos, or lead, whether or not any of the foregoing are (i) sudden, accidental or gradual in nature; (2) intentional; or (3) expected or intended from the standpoint of the insured. This exclusion applies even if the "pollutant", "organic pathogen", "silica", asbestos, or lead has a function in, or is used by you in your business, operations, premises, site or location. This exclusion does not apply to "bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire" unless that "hostile fire" occurred or originated: (1) At any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; or (2) At any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations to test for, monitor, clean up, remove, contain, treat, detoxify, neutralize or in any way respond to, or assess the effects of, "pollutants". This exclusion does not apply to "bodily injury" or "property damage" arising from the consumption of food products intended for human consumption. "Pollutants" mean[s] any solid, liquid, gaseous, bacterial, fungal, electromagnetic, thermal or other substance that can be toxic or hazardous, cause irritation to animals or persons and/or cause contamination to property and the environment including smoke, vapor, soot, fumes, acids, alkalis, chemicals, toxic materials, "volatile organic compound" and gases therefrom, radon, combustion byproducts and waste. Specific examples identified as pollutants include, but are not limited to, diesel, kerosene, and other fuel oils; carbon monoxide and other exhaust gases; mineral spirits and other solvents; tetrachloroethylene, perchloroethylene (PERC), trichloroethylene (TCE), methylene chloroform, and other dry cleaning chemicals; chlorofluorocarbons, chlorinated hydrocarbons, adhesives, pesticides, insecticides, and all substances specifically listed, identified, or described by one or more of the following references: Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Priority List Hazardous Substances (1997 and all subsequent editions), Agency for Toxic Substances And Disease Registry ToxFAQsTM, and/or U.S. Environmental Protection Agency EMCI Chemical References Complete Index. "Pollutants" includes the substances separately defined in this endorsement. BOP -43862 (09/14) Page 1 of 2 "Silica" means silica in any form and any of its derivatives, including but not limited to silica dust, silicon dioxide, crystalline silica, quartz, or non -crystalline (amorphous) silica. "Volatile organic compound" means any compound which discharges organic gases as it decomposes or evaporates, examples of which include but are not limited to formaldehyde, pesticides, adhesives, construction materials made with organic chemicals, solvents, paint, varnish and cleaning products. "Waste" means any property intended to be disposed, recycled, reused or reclaimed by the owner or user thereof. "Organic pathogen" means any organic irritant or contaminant, including but not limited to mold, fungus, bacteria or virus, including but not limited to their byproduct such as mycotoxin, mildew, or biogenic aerosol. All other terms and conditions of this policy remain unchanged. BOP -43862 (O9/14) Page 2 of 2 BUSINESSOWNERS LIABILITY ENHANCEMENTS ENDORSEMENT Named Insured Endorsement Number DUBARA, LLC BOP47635a0716 Policy Symbol Policy Number Policy Period Effective Date of Endorsement SER D03613732 04-01-2026 to 04-01-2027 04-01-2026 Issued By (Name of Insurance Company) ACE Fire Underwriters Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM TABLE OF CONTENTS Page Supplementary Payments — Bail Bonds And Bonds To Appeal Judgments — No Sublimit 2 Medical Expenses — Three Years To Report Expenses 2 Non -Owned Watercraft Under 55 Feet 2 Non -Owned Aircraft 2 Damage To Property — Exception For Equipment Loaned Or Rented To Insured 2 Who Is An Insured — Subsidiaries Or Newly Acquired Or Formed Organizations 3 Who Is An Insured — Employees (Including For CPR and First Aid) And Volunteer Workers 3 Additional Insured — Lessor Of Leased Equipment 4 Additional Insured — Managers Or Lessors Of Premises 4 Additional Insured - Vendors 5 Additional Insured — Other Persons Or Organizations Pursuant To Contract Or Agreement 6 Damage To Premises Rented To You — $1,000,000 7 Per Location General Aggregate Limit With Combined Total Aggregate Limit 8 Knowledge/Notice Of Occurrence 9 Bodily Injury, Including Resulting Mental Anguish 9 Coverage Territory, Limited Worldwide 10 Personal Injury, Including Discrimination, Harassment And Segregation 10 Unintentional Failure To Disclose Hazards 10 Other Insurance, Including Primary Provision 10 Waiver Of Subrogation Required By Contract 11 This endorsement modifies the coverages provided under the Businessowners Coverage Form. Notwithstanding anything to the contrary, the provisions of the Businessowners Coverage Form apply, except as provided in this endorsement. The titles of the various paragraphs of this endorsement are inserted solely for convenience or reference and are not to be deemed in any way to limit or affect the provisions to which they relate. A. SUPPLEMENTARY PAYMENTS - BAIL BONDS AND BONDS TO APPEAL JUDGMENTS - NO SUBLIMIT In Section II - Liability, Paragraph A. Coverages, 1. f. Coverage Extension — Supplementary Payments, subparagraphs (1)(b) and (c) are replaced by the following: (b) The cost of bail bonds, but only for bond amounts within the available limit of insurance. We do not have to furnish these bonds. BOP -47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 1 of 11 (c) The cost of bonds to appeal judgments or release attachments, but only for amounts within the available limit of insurance. We do not have to furnish these bonds. B. MEDICAL EXPENSES - THREE YEARS TO REPORT EXPENSES In Section II — Liability, Paragraph A. Coverages, 2. Medical Expenses, subparagraph a.(b) is replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident; and C. NON -OWNED WATERCRAFT UNDER 55 FEET In Section II - Liability, Paragraph B. Exclusions, subparagraph (2) of Exclusion 1.g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge; D. NON -OWNED AIRCRAFT In Section II - Liability, Paragraph B. Exclusions, the following exception is added to Exclusion 1.g. Aircraft, Auto or Watercraft in Section II — Liability: This exclusion does not apply to an aircraft you do not own provided: 1. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. It is rented with a trained, paid crew; and 3. It does not transport persons or cargo for a charge. E. DAMAGE TO PROPERTY - EXCEPTION FOR EQUIPMENT LOANED OR RENTED TO THE INSURED In Section II - Liability, Paragraph B. Exclusions, the following exception is added to Exclusion 1.k. Damage To Property: Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to equipment rented or loaned to the insured, provided such equipment is not being used to perform any operations at a construction job site. F. WHO IS AN INSURED - SUBSIDIARIES OR NEWLY ACQUIRED OR FORMED ORGANIZATIONS In Section II - Liability, Paragraph C. Who is an Insured is amended to include the following: If there is no other insurance available, each of the following is also a Named Insured: BOP -47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 2 of 11 1. A subsidiary organization of the first Named Insured shown in the Declarations of which, at the beginning of the policy period and at the time of loss, the first Named Insured controls, either directly or indirectly, more than 50 percent of the interests entitled to vote generally in the election of the governing body of such organization; or 2. A subsidiary organization of the first Named Insured shown in the Declarations that the first Named Insured acquires or forms during the policy period, if at the time of loss the first Named Insured controls, either directly or indirectly, more than 50 percent of the interests entitled to vote generally in the election of the governing body of such organization. G. WHO IS AN INSURED - EMPLOYEES (INCLUDING CPR AND FIRST AID) AND VOLUNTEER WORKERS In Section II - Liability, Paragraph C. Who is an Insured, Paragraph 2.a. is replaced by the following: 2. Each of the following is also an insured: a. Your "employees" but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, no "employee" is an insured for: (1)"Bodily injury" or "personal and advertising injury": (a) To you, to any of your directors, managers, members, "executive officers" or partners (whether or not an "employee") or to any co -"employee" while such injured person is either in the course of his or her employment or while performing duties related to the conduct of your business; (b) To the brother, child, parent, sister or spouse of such injured person as a consequence of any injury described in Paragraph (a) above; or (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of any injury described in Paragraph (a) or (b) above. With respect to "bodily injury" only, the limitations described in Paragraph 2.a.(1) above do not apply to you or to your directors, managers, members, "executive officers", partners or supervisors as insureds. The limitations also do not apply to your "employees" as insureds, with respect to such damages caused by cardiopulmonary resuscitation or first aid services administered by such an "employee". (2) "Property damage" to any property owned, occupied or used by you or by any of your directors, managers, members, "executive officers" or partners (whether or not an "employee") or by any of your "employees". This limitation does not apply to "property damage" to premises while rented to you or temporarily occupied by you with the permission of the owner. b. Your "volunteer workers", but only while acting within the scope of their activities for you and at your direction. H. ADDITIONAL INSUREDS In Section II - Liability, Paragraph C. Who is an Insured, the following is added: 2. Each of the following is also an insured: BOP -47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 3 of 11 LESSOR OF LEASED EQUIPMENT Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization and only if you are required by a contract or agreement to provide them with such insurance as is afforded by this policy. However, the insurance afforded to such additional insured: (1)Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. MANAGERS OR LESSORS OF PREMISES Any person or organization from whom you lease premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and only if you are required by a contract or agreement to provide them with such insurance as is afforded by this policy. However, the insurance afforded to such additional insured: (1)Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any "occurrence" that takes place after you cease to be a tenant in such premises. (2) Structural alterations, new construction or demolition operations performed by or for such additional insureds. VENDORS g. Any person or organization who is a vendor of "your products", but 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. However: (1) The insurance afforded to such vendor only applies to the extent permitted by law; and (2) If coverage provided to the vendor is required by a contract or agreement, the BOP -47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 4 of 11 insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. With respect to the insurance afforded to these vendors, the following additional exclusions apply: (1) This 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 the 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; (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 Subparagraph (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 such products. With respect to the insurance afforded to these vendors, the following is added to Paragraph D. Liability And Medical Expenses Limits Of Insurance: If coverage provided by the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is the amount of insurance: (1) Required by the contract or agreement; or (3) Available under the applicable Limits Of Insurance shown in the Declarations; BOP -47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 5 of 11 whichever is less. This shall not increase the applicable Limits Of Insurance shown in the Declarations. OTHER PERSONS OR ORGANIZATIONS PURSUANT TO CONTRACT OR AGREEMENT h. Any persons or organizations that you are required by a contract or agreement to provide with such insurance as is afforded by this policy. However, such a person or organization is an insured only: (1) To the extent such contract or agreement requires the additional insured to be afforded status as an insured; and (2) For activities that did not occur, in whole or in part, before the execution of the contract or agreement. No person or organization is an insured under this provision: (1) That is more specifically identified under any other provision of Paragraph C. Who Is An Insured (regardless of any limitation applicable thereto). (2) With respect to any assumption of liability in a contract or agreement. This limitation does not apply to the liability for damages the additional insured would have in the absence of the contract or agreement. However, the insurance afforded to such persons or organizations: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. The following is added at the end of Paragraph C. Who Is An Insured: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. However, no person or organization is an insured with respect to the: a. Ownership, maintenance or use of any assets; or b. Conduct of any person or organization whose assets, business or organization; any Named Insured acquires, either directly or indirectly, for any: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense first committed; in whole or in part, before such acquisition is executed. With respect to the insurance afforded to the persons or organizations described in Paragraphs e., f.,. and h. above, the following is added to Paragraph D. Liability And Medical Expenses Limits Of Insurance: The most we will pay on behalf of such person or organization is the amount of insurance: BOP -47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 6 of 11 (1) Required by the contract or agreement; or (2) Available under the applicable Limits Of Insurance shown in the Declarations; whichever is less. This shall not increase the applicable Limits Of Insurance shown in the Declarations. I. DAMAGE TO PREMISES RENTED TO YOU - $1,000,000 In Section II - Liability, Paragraph D. Liability and Medical Expenses Limits of Insurance, Paragraphs 3. and 4. are deleted and replaced with the following: 3. Subject to the Liability And Medical Expenses Limits Of Insurance, the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises while rented to you or while temporarily occupied by you with permission of the owner is $1,000,000. 4. Aggregate Limits The most we will pay for: a. All "bodily injury" and "property damage" that is included in the "products -completed operations hazard" is twice the Liability and Medical Expenses limit. b. All: (1) "Bodily injury" and "property damage" except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; (2) Plus medical expenses; (3) Plus all "personal and advertising injury" caused by offenses committed; is twice the Liability and Medical Expenses Limit. The Limits of Insurance of Section II — Liability apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. J. PER LOCATION GENERAL AGGREGATE LIMIT WITH COMBINED TOTAL AGGREGATE LIMIT In Section II - Liability, Paragraph D. Liability and Medical Expenses Limits of Insurance, the following is added: 1. Subject to the Combined Total Aggregate Limit shown in the Declarations, for the sum of all damages that the insured becomes legally obligated to pay for all "bodily injury" and "property damage" caused by "occurrences" under Paragraph A.1. Business Liability, and for all medical expenses caused by accidents under Paragraph A.2. Medical Expenses, which can be attributed only to a single "location": BOP -47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 7 of 11 a. A separate Location General Aggregate Limit will apply to each "location", and that limit is equal to the Other than Products/Completed Operations Aggregate Limit shown in the Declarations. b. The separate Location General Aggregate Limit is the most we will pay for the sum of all damages for "bodily injury" or "property damage" under Paragraph A.1. Business Liability, except in connection with "bodily injury" or "property damage" included in the "products - completed operations hazard", and for medical expenses under Paragraph A.2. Medical Expenses, regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits". Any payments made under Paragraph A.1. or under Paragraph A.2. Medical Expenses shall reduce the separate Location General Aggregate Limit for that "location". Such payments shall not reduce the Other Than Products/Completed Operations Aggregate Limit shown in the Declarations nor shall they reduce the separate Location General Aggregate Limit for any other "location". d. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the Other Than Products/Completed Operations Aggregate Limit shown in the Declarations, such limits will be subject to the applicable separate Location General Aggregate Limit. 2. Subject to the Combined Total Aggregate Limit shown in the Declarations, for the sum of all damages that the Insured becomes legally obligated to pay for all "bodily injury" or "property damage" caused by occurrences under Paragraph A.1. Business Liability and for all medical expenses caused by accidents under Paragraph A.2., which cannot be attributed only to operations at a single "location". a. Any payments made under Paragraph A.1. Business Liability for damages or under Paragraph A.2. for medical expenses shall reduce the amount available under the Other Than Products/Completed Operations Aggregate Limit or the Products/Completed Operations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce the separate Location General Aggregate Limit applicable to a single "location". 3. Subject to the separate Location General Aggregate Limit and all other applicable limits, the Combined Total Aggregate Limit shown in the Declarations is the most we will pay for the combined sum of amounts described above, regardless of the number of "locations". 4. Any payments we make for "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit regardless of the number of "locations", and not reduce the Other Than Products/Completed Operations Aggregate Limit nor the separate Location General Aggregate Limit applicable to a single "location." 5. As used in this endorsement, "location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 6. The provisions of Paragraph D. Liability and Medical Expenses Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. K. KNOWLEDGE/NOTICE OF OCCURRENCE In Section II - Liability, Paragraph E. Liability and Medical Expenses General Conditions, 2. Duties In the Event Of Occurrence, Offense, Claim or Suit is amended to include the following: BOP -47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 8 of 11 Knowledge of an "occurrence" or offense by an agent or "employee" of the insured will not constitute knowledge by the insured, unless an "executive officer" (whether or not an "employee") of any insured or an "executive officer's" designee knows about such "occurrence" or offense. Failure of an agent or "employee" of the insured, other than an "executive officer" (whether or not an "employee") of any insured or an "executive officer's" designee, to notify us of an "occurrence" or offense that such person knows about will not affect the insurance afforded to you. f. If a claim or loss does not reasonably appear to involve this insurance, but it later develops into a claim or loss to which this insurance applies, the failure to report it to us will not violate this condition, provided the insured gives us immediate notice as soon as the insured is aware that this insurance may apply to such loss or claim. L. BODILY INJURY, INCLUDING RESULTING MENTAL ANGUISH In Section II - Liability, Paragraph F. Liability and Medical Expenses Definitions, paragraph 3. is deleted and replaced with the following: 3. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease; sustained by a person, including resulting death, humiliation, mental anguish, mental injury or shock at any time. All such loss shall be deemed to occur at the time of the physical injury, sickness or disease. M. COVERAGE TERRITORY, LIMITED WORLDWIDE In Section II - Liability, Paragraph F. Liability and Medical Expenses Definitions, paragraph 4. is deleted and replaced by the following: 4. "Coverage territory" means all parts of the world. However, "coverage territory" does not include any: a. "Bodily injury" or "property damage" that takes place or any offense committed outside of the United States of America (including its possessions and territories), Canada and Puerto Rico, unless the insured's responsibility to pay damages is determined by a "suit" on the merits that is brought in the United States of America (including its possessions and territories), Canada or Puerto Rico; or b. Injury or damage in connection with any "suit" brought outside the United States of America (including its possessions and territories), Canada and Puerto Rico. N. PERSONAL INJURY, INCLUDING DISCRIMINATION, HARASSMENT AND SEGREGATION In Section II - Liability, Paragraph F. Liability and Medical Expenses Definitions, paragraph 14. is amended to include the following: h. Discrimination, harassment or segregation based on a person's age, color, national origin, race, religion or sex unless committed by or at the direction of any "executive officer", director, stockholder, partner or member of the insured. BOP -47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 9 of 11 O. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS In Section III — Common Policy Conditions, Paragraph C. Concealment, Misrepresentation or Fraud is amended to include the following additional paragraph: Unintentional failure of an "employee" of the insured to disclose a hazard or other material information will not violate this condition, unless an "executive officer" (whether or not an "employee") of any insured knows about such hazard or other material information. P. OTHER INSURANCE, INCLUDING PRIMARY PROVISION In Section III — Common Policy Conditions, Paragraph H. Other Insurance, subparagraphs 2. and 3. are replaced by the following: H. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this insurance, our obligations are limited as follows: 1. Primary Insurance This insurance is primary except when Paragraph 2 below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph 3 below. 2. Excess Insurance a. This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a)That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b)That is insurance that applies to "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (c) If the loss arises out of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section II.B. Exclusions, 1. Applicable to Business Liability Coverage; or (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional insured. b. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. c. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; BOP -47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 10 of 11 (2) The total of all deductible and self -insured amounts under all that other insurance. d. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not brought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this 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 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. Q. WAIVER OF SUBROGATION REQUIRED BY CONTRACT In Section III — Common Policy Conditions, Paragraph K. Transfer of Rights of Recovery Against Others To Us, subparagraph 2. is replaced by the following: 2. Applicable to Businessowners Liability Coverage: We will waive the rights of recovery we would otherwise have had against another person or organization, for loss to which this insurance applies, provided the insured has waived their rights of recovery against such person or organization in a contract or agreement that is executed before such loss. To the extent that the insured's rights to recover all or part of any payment made under this Coverage Part have not been waived, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This paragraph does not apply to Medical Expenses Coverage. All other terms and conditions of the policy remain unchanged. BOP -47635a (07/16) Includes copyrighted material of Insurance Services Office, with its permission, 2016. Page 11 of 11 CHUBB OPIOIDS GOODS OR PRODUCTS EXCLUSION -TOTAL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Section II — Liability is amended as follows: A. The following exclusions are added to Paragraph B.i. Exclusions — Applicable To Business Liability Coverage in Section II— Liability: This insurance does not apply to: 1. Opioid Goods Or Products "Bodily injury", "property damage" or "personal and advertising injury" arising out of any "opioid good or product". 2. Governmental Authority, Union Or Investment Fund Opioid Related Claims Any damages, loss, cost or expense arising out of any claim made or "suit" brought by or on behalf of any: a. Governmental authority; b. Labor organization or union; or c. Investment fund, including a pension fund; for injury or damage arising out of any "opioid good or product". 3. Insurer Opioid Related Claims Any damages, loss, cost or expense arising out of any claim made or "suit" brought by or on behalf of any insurer, which has: a. Paid or incurred costs for any "opioid good or product"; or b. Which incurred costs for treatment related to any: (1) Abuse, misuse, illicit use of; (2) Overdose caused by; or (3) Addiction to; any "opioid good or product". B. The following definition is added to Paragraph F. Liability And Medical Expenses Definitions: "Opioid good or product" means any good or product, including "your product", that contains opioids or opiates in any form, including: 1. Its presence or use in any alloy, by-product or other material or waste. Waste includes any material to be recycled, reconditioned or reclaimed; or 2. Any good, product or material that is a derivative of any such opioid or opiate good or product, by whatever name known. All Other Terms And Conditions Remain Unchanged. BOP -51381 (10/18) Page 1 of 1 (265886.1) CHUBS' HIRED AUTO AND NON -OWNED AUTO LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Hired Auto And Non -owned Auto Liability Limit: $1M/$2M Premium: $211 (Per Occurrence / Aggregate) A. The following Coverage Extension is added to the policy: Hired Auto And Non -owned Auto Liability The insurance provided under Paragraph A.i. Business Liability in Section II — Liability applies to "bodily injury" or "property damage" arising out of the: i. Maintenance or use of a "hired auto" by you or your "employees" in the course of your business; and 2. Use of any "non -owned auto" in your business by any person. The most we will pay for all loss or damage in anyone "occurrence" under this Coverage Extension is the Hired Auto And Non -owned Auto Liability limit shown in the Schedule. B. For insurance provided by this endorsement only: 1. The exclusions under Paragraph B.i. Applicable To Business Liability Coverage in Section II - Liability, other than Exclusions a., b., c., f. and i. and the Nuclear Energy Liability Exclusion, are deleted and replaced by the following: a. Employee Indemnification And Employers Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of injury. This exclusion does not apply to "bodily injury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract". For the purposes of this provision only, a domestic "employee" is a person engaged in household or domestic work performed principally in connection with a residence premises. b. Fellow Employee "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employees" employment or while performing duties related to the conduct of your business; or the spouse child parent sibling of that fellow "employee" as a consequence of paragraph a. above. This exclusion applies: CB BOP 5 002 02 25 Page l of 3 (395073.1) (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of injury. This exclusion does not apply to: (i) Liability assumed by the insured under an "insured contract"; or (2) "Bodily injury" arising out of and in the course of domestic employment by the insured unless benefits for such injury are in whole or in part either payable or required to be provided under any workers' compensation law. c. Care, Custody or Control "Property damage" to: (1) Property owned or being transported by, or rented or loaned to the insured; or (2) Property in the care, custody or control of the insured. 2. Paragraph C. Who Is An Insured in Section II — Liability is replaced by the following: 1. Each of the following is an insured under this endorsement to the extent set forth below: a. You; b. Any other person using a "hired auto" with your permission, except the owner or anyone else who you hire or borrow an "auto"; c. For a "non -owned auto": (1) Any partner or "executive officer" of yours; or (2) Any "employee" of yours; but only while such "non -owned auto" is being used in the course of your business; and d. Any other person or organization, but only for their liability because of acts or omissions of an insured under a., b. or c. above. 2. None of the following is an insured: a. Any person engaged in the business of his or her employer for "bodily injury" to any co -"employee" of such person injured in the course of employment, or to the spouse, child, parent, brother or sister of that co -"employee" as a consequence of such "bodily injury", or for any obligation to share damages with or repay someone else who must pay damages because of the injury; b. Any partner or "executive officer" for any "auto" owned by such partner or officer or a member of his or her household; c. Any person while employed in or otherwise engaged in duties in connection with an "auto business", other than an "auto business" you operate; d. The owner or lessee (of whom you are a sublessee) of a "hired auto" or the owner of a "non -owned auto" or any agent or "employee" of any such owner or lessee; or e. Any person or organization for the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. C. For the purposes of this endorsement only, Paragraph H. Other Insurance in Section III — Common Policy Conditions is replaced by the following: This insurance is excess over any primary insurance covering the "hired auto" or "non -owned auto". CB BOP 5 002 02 25 Page 2 of 3 (395073.1) D. The following condition is added to Section III - Common Policy Conditions: Two Or More Policies Issued By Us If this policy and any other policy issued to you by us applies to the same "occurrence", the aggregate maximum Limit of Insurance under all the policies shall not exceed the highest applicable Limit of Insurance under any one policy. This condition does not apply to any policy issued by us specifically to apply as excess insurance over this policy. E. The following additional definitions apply: 1. "Auto business" means the business or occupation of selling, repairing, servicing, storing or parking "autos". 2. "Hired auto" means any "auto" you lease, hire, rent or borrow. However, "hired auto" does not include: a. Any "auto" you lease, hire, rent or borrow from any of your "employees", your partners or your "executive officers" or members of their households; b. Any long-term leased or borrowed "auto" that is insured as an owned "auto" under any other auto liability insurance policy; or c. Any temporary substitute for an "auto" you own that is out of service due to breakdown, repair, servicing or destruction. 3. "Non -owned auto" means any "auto" you do not own, lease, hire, rent or borrow which is used in connection with your business. This includes "autos" owned by your "employees", your partners or your "executive officers", or members of their households, but only while used in your business or your personal affairs. All other terms, conditions and limitations of this Policy shall remain unchanged. CB BOP 5 002 02 25 Page 3 of 3 (395073.1) BUSINESSOWNERS BP 0501 0702 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following is added: The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal, continuation, or anniversary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. BP 05 01 07 02 © ISO Properties, Inc., 2001 Page 1 of 1 O BUSINESSOWNERS BP 05 98 07 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF INSURED CONTRACT DEFINITION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Paragraph 9. under F. Liability And Medical Expenses Definitions is replaced by the following: 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, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. However, such part of a contract or agreement shall only be considered an "insured contract" to the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, 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. BP 05 98 07 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER:D03613732 BUSINESSOWNERS BP 14 02 07 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations The City of Cupertino 494 West Sanios Avenue,B,Campbell,CA,95008 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Liability is amended as follows: A. The following is added to Paragraph C. Who Is An Insured: Any person(s) or organization(s) shown in the Schedule is also an additional insured, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". 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 Paragraph D. Liability And Medical Expenses 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. BP 14 02 07 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 BUSINESSOWNERS BP 14 86 07 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMUNICABLE DISEASE EXCLUSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following exclusion is added to Paragraph B. Exclusions in Section II — Liability: Communicable Disease This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the actual or alleged transmission of a communicable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the: a. Supervising, hiring, employing, training or monitoring of others that may be infected with and spread a communicable disease; b. Testing for a communicable disease; c. Failure to prevent the spread of the disease; or d. Failure to report the disease to authorities. BP 14 86 07 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 BUSINESSOWNERS BP 14 88 07 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM The following is added to Insurance of Section III Conditions and supersedes contrary: Primary And Noncontribu Paragraph H. Other 2. You have agreed in writing in a contract or — Common Policy agreement that this insurance would be any provision to the primary and would not seek contribution from any other insurance available to the additional tory Insurance insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1. The additional insured is a Named Insured under such other insurance; and BP 14 88 07 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 BUSINESSOWNERS BP 15 05 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA -RELATED LIABILITY - LIMITED BODILY INJURY EXCEPTION NOT INCLUDED This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM A. Exclusion B.1.q. of Section II — Liability is As used in this exclusion, electronic data replaced by the following: means information, facts or computer This insurance does not apply to: programs stored as or on, created or used on, or transmitted to or from computer q. Access Or Disclosure Of Confidential Or software (including systems and Personal Information And Data -related applications software), on hard or floppy Liability disks, CD-ROMs, tapes, drives, cells, data (1) Damages, other than damages because processing devices or any other of "personal and advertising injury", repositories of computer software which are arising out of any access to or used with electronically controlled disclosure of any person's or equipment. The term computer programs, organization's confidential or personal referred to in the foregoing description of information, including patents, trade electronic data, means a set of related secrets, processing methods, customer electronic instructions which direct the lists, financial information, credit card operations and functions of a computer or information, health information or any device connected to it, which enable the other type of nonpublic information; or computer or device to receive, process, (2) Damages arising out of the loss of, loss store, retrieve or send data. of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. BP 15 05 05 14 © Insurance Services Office, Inc., 2013 Page 1 of 2 B. The following is added to Paragraph B.1.p. This exclusion applies even if damages are Personal And Advertising Injury Exclusion of claimed for notification costs, credit Section II — Liability: monitoring expenses, forensic expenses, This insurance does not apply to: public relations expenses or any other loss, cost or expense incurred by you or others p. Personal And Advertising Injury arising out of any access to or disclosure of "Personal and advertising injury": any person's or organization's confidential Arising out of any access to or disclosure of or personal information. any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. Page 2 of 2 © Insurance Services Office, Inc., 2013 BP 15 05 05 14 BUSINESSOWNERS BP 05230115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following provisions are added to the Businessowners Policy and apply to Property and Liability Coverages: 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. The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for loss or injury or damage that is otherwise excluded under this Policy. BP 05 23 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 1 LEAD EXCLUSION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM A. The following exclusion is added to Paragraph B.1. Exclusions — Applicable To Business Liability Coverage in Section II — Liability: This insurance does not apply to any "bodily injury", "property damage" or "personal and advertising injury" arising out of any actual, alleged or threatened: 1. Contaminative, pathogenic, toxic or other hazardous properties of "lead"; 2. Defect, deficiency, inadequacy or dangerous condition in "lead"; or 3. a. Request, demand, order or regulatory or statutory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "lead"; or b. Claim or proceeding by or on behalf of a governmental authority or others for any damages, loss, cost or expense because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of "lead". B. The following definition is added to Paragraph F. Liability And Medical Expenses Definitions: "Lead" means lead in any form, including its presence or use in any alloy, by-product, compound or other material or waste. Waste includes materials to be recycled, reconditioned or reclaimed. All other terms and conditions of this policy remain unchanged. BOP -48573 (01/17) Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission, 2017 EMPLOYMENT- RELATED PRACTICES EXCLUSION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following exclusion is added to Paragraph B.1. Exclusions — Applicable To Business Liability Coverage in Section II — Liability: 1. This insurance does not apply to any damages, loss, cost or expense sustained at any time by any person, whether or not sustained in the course of employment by any insured, arising out of any employment -related act, omission, policy, practice or representation directed at such person, occurring in whole or in part at any time, including any: a. Arrest, detention or imprisonment; b. Breach of any express or implied covenant; c. Coercion, criticism, humiliation, prosecution or retaliation; d. Defamation or disparagement; e. Demotion, discipline, evaluation or reassignment; f. Discrimination, harassment or segregation; g. (1) Eviction; or (2) Invasion or other violation of any right of occupancy; h. Failure or refusal to advance, compensate, employ or promote; i. Invasion or other violation of any right of privacy or publicity; j. Termination of employment; or k. Other employment -related act, omission policy, practice, representation or relationship in connection with any insured at any time. 2. This insurance does not apply to any damages, loss, cost or expense sustained at any time by any spouse, child, parent, brother or sister of such person at whom any employment -related act, omission, policy, practice or representation is directed, as described in Paragraph 1. above, as a consequence thereof. 3. Paragraphs 1. and 2. above: a. Apply regardless of the capacity in which the insured may be liable; and b. Also apply to any obligation to share any damages with or repay any person or organization that must pay any damages, loss, cost or expense because of any of the foregoing. BOP -47643 (03/16) Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission, 2016. PROPERTY COVERAGE PART EXCLUSION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SECTION I — PROPERTY is hereby deleted. All other terms and conditions of this policy remain unchanged. BOP -45068 (12/14) ASBESTOS, SILICA OR SIMILAR COMPOUNDS, INCLUDING MIXED DUST EXCLUSION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM A. The following exclusion is added to Paragraph B.i. Exclusions — Applicable To Business Liability Coverage in Section II - Liability: This insurance does not apply to any "bodily injury", "property damage" or "personal and advertising injury" arising out of any actual, alleged or threatened: 1. Contaminative, pathogenic, toxic or other hazardous properties of: a. "Asbestos"; b. "Silica"; or c. "Mixed dust"; or 2. a. Request, demand, order or regulatory or statutory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "asbestos", "silica" or "mixed dust"; or b. Claim or proceeding by or on behalf of a governmental authority or others for any damages, loss, cost or expense because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of "asbestos", "silica", or "mixed dust". B. The following definitions are added to Paragraph F. Liability And Medical Expenses Definitions: "Asbestos" means asbestos in any form, including its presence or use in any alloy, by-product, compound or other material or "waste". "Mixed dust" means any combination or mixture of "asbestos" or "silica" and any other dust, fibers or particles, in any form, including any presence or use in any alloy, by-product, compound or other material or "waste". "Silica" means silica in any form (including silicates or other similar silicon compounds), including its presence or use in any alloy, by-product, compound or other material or "waste". "Waste" includes materials to be recycled, reconditioned or reclaimed. BOP -48528 (10/16) Includes copyrighted material of Insurance Services Office, Inc., Page 1 of i with its permission, 2016. IL P 001 01 04 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your pol- icy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and listed numerous: • Foreign agents; • Front organizations; • Terrorists; • Terrorist organizations; and • Narcotics traffickers; as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's web site — http//www.treas.gov/ofac. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. IL P 001 01 04 © ISO Properties, Inc., 2004 Page 1 of 1 TRADE OR ECONOMIC SANCTIONS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance, including, but not limited to, the payment of claims. All other terms and conditions of the policy remain unchanged. ALL -211O1 (11/06) Page i of i CHUBS` MARIJUANA EXCLUSION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM A. Section I — Property is amended as follows: 1. The following is added to Paragraph A.2. Property Not Covered: a. "Marijuana". 2. Coverage under this Policy does not apply to that part of Business Income loss or Extra Expense incurred due to a suspension of your "operations" which involve the design, manufacture, distribution, sale, serving, furnishing, use or possession of "marijuana". 3. Paragraphs A.i. and A.2. above do not apply to any "marijuana" that is not designed, manufactured, distributed, sold, served or furnished for bodily: a. Ingestion; b. Inhalation; c. Absorption; or d. Consumption. B. The following exclusion is added to Section II - Liability: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of, caused by, or attributable to, whether in whole or in part, the following: a. The design, manufacture, distribution, sale, serving, furnishing, use or possession of "marijuana"; b. The actual, alleged, threatened or suspected inhalation, ingestion, absorption or consumption of, contact with, exposure to, existence of, or presence of "marijuana"; or 2. "Property damage" to "marijuana". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or `property damage', or the offense which caused the "personal and advertising injury', involved that which is described in Paragraph B.i. or B .2. above. However, this exclusion does not apply to any "marijuana" that is not designed, manufactured, distributed, sold, served or furnished for bodily: a. Ingestion; b. Inhalation; c. Absorption; or d. Consumption. C. The following changes apply only to Electronic Data Liability — Broad Coverage Endorsement BP 05 96 if it is attached to this Policy: The following exclusion is added to Section II - Liability: This insurance does not apply to: "Loss of Electronic Data": BOP -50397 (05/18) Includes copyrighted material of Insurance Services Office, Page 1 of 2 Inc., with its permission, 2016 1. Arising out of, caused by, or attributable to, whether in whole or in part, the following: a. The design, manufacture, distribution, sale, serving, furnishing, use or possession of "marijuana"; b. The actual, alleged, threatened or suspected inhalation, ingestion, absorption or consumption of, contact with, exposure to, existence of, or presence of "marijuana"; or 2. With respect to any "electronic data" that is used in the design, manufacture, distribution, sale, serving, furnishing, use or possession of "marijuana". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "electronic data incident" which caused the "loss of electronic data" involved that which is described in Paragraph C.i. or C.2. above. However, this exclusion does not apply to any "marijuana" that is not designed, manufactured, distributed, sold, served or furnished for bodily: a. Ingestion; b. Inhalation; c. Absorption; or d. Consumption. D. For purposes of this endorsement, the following definition applies: "Marijuana": i. Means: Any good or product that consists of or contains any amount of Tetrahydrocannabinol (THC) or any other cannabinoid, regardless of whether any such THC or cannabinoid is natural or synthetic. 2. Paragraph D .i. above includes, but is not limited to, any of the following containing such THC or cannabinoid: a. Any plant of the genus Cannabis L., or any part thereof, such as seeds, stems, flowers, stalks and roots; or b. Any compound, byproduct, extract, derivative, mixture or combination, such as, but not limited to: (i) Resin, oil or wax; (2) Hash or hemp; or (3) Infused liquid or edible marijuana; whether derived from any plant or part of any plant set forth in Paragraph D.2.a. above or not. All other terms and conditions remain unchanged. BOP -50397 (05/18) Includes copyrighted material of Insurance Services Office, Page 2 of 2 Inc., with its permission, 2016 POLICY NUMBER:D03613732 BUSINESSOWNERS BP 05 15 1220 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE SCHEDULE — PART I Terrorism Premium (Certified Acts) $ 8 Additional information, if any, concerning the terrorism premium: SCHEDULE — PART II Federal share of terrorism losses 80 % (Refer to Paragraph B. in this endorsement.) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to coverage for terrorist acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations. B. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federal program. The federal share equals a percentage (as shown in Part II of the Schedule of this endorsement or in the policy Declarations) of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However, if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year, the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion. BP 05 15 12 20 © Insurance Services Office, Inc., 2020 Page 1 of 2 C. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Page 2 of 2 © Insurance Services Office, Inc., 2020 BP 05 15 12 20 CH U BB" Chubb Producer Compensation Practices & Policies Chubb believes that policyholders should have access to information about Chubb's practices and policies related to the payment of compensation to brokers and independent agents. You can obtain that information by accessing our website at https://WWW2.chubb.com/us-en/agents-brokers/producer-compensation.aspx or by calling the following toll -free telephone number: 1-866-512-2862. ALL -20887b (1O/17) C HUB B AMENDMENT OF PERSONAL AND ADVERTISING INJURY DEFINITION (WITH INTELLECTUAL PROPERTY EXCLUSION) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SECTION II - LIABILITY is amended as follows: A. Under subsection B. Exclusions, paragraph 1. Applicable To Business Liability Coverage, subparagraph p.(12) is deleted and replaced with the following: This insurance does not apply to: p. Personal And Advertising Injury "Personal and advertising injury": (12)Arising out of, giving rise to or in any way related to any actual, alleged or threatened: (a) Assertion; or (b) Infringement or violation; by any person or organization (including any insured) of any "intellectual property law or right". Further, this insurance does not apply to the entirety of all allegations in any claim or "suit", if such claim or "suit" includes an allegation of or a reference to an infringement or violation of any "intellectual property law or right", even if this insurance would otherwise apply to any part of the allegations in the claim or "suit". B. Under subsection F. Liability And Medical Expenses Definitions, paragraph 14., subparagraphs f. and g. are deleted. C. The following definition is added to subsection F. Liability and Medical Expenses Definitions: • "Intellectual property law or right" means any: a. Certification mark, copyright, patent or trademark (including collective or service marks); b. Right to, or judicial or statutory law recognizing an interest in, any trade secret or confidential or proprietary non -personal information; c. Other right to, or judicial or statutory law recognizing an interest in, any expression, idea, likeness, name, slogan, style of doing business, symbol, title, trade dress or other intellectual property law; or d. Other judicial or statutory law concerning piracy, passing off or similar practices. All other terms and conditions of this policy remain unchanged. BOP -55936 (O7/21) Page 1 of 1 (328099) CHUB DESIGNATED COUNTRY OR REGION EXCLUSION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM TO THE EXTENT THE TERMS OR CONDITIONS OF THIS ENDORSEMENT CONFLICT WITH THE TERMS OR CONDITIONS OF THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED, OR ANY OF THE POLICY'S OTHER ENDORSEMENTS, THE TERMS AND CONDITIONS OF THIS ENDORSEMENT SHALL SUPERSEDE. i. The definition of "coverage territory" is amended to add the following: Notwithstanding any other provision to the contrary, this insurance does not apply to any designated countries or regions shown in the Schedule below regardless of where "suit" is brought or claim is made. 2. The following exclusion is added to this policy: This insurance does not apply to any damages, loss, cost, expense or peril: i. Arising out of or that occurs in any designated countries or regions shown in the Schedule; 2. Arising out of any activities, contracts or projects, events, goods, products, locations, premises, sites, operations, work or services in connection with any organization that is: a. Domiciled in any designated countries or regions shown in the Schedule below; or b. Majority owned or controlled by one or a combination of persons or organizations domiciled in the designated countries or regions shown in the Schedule below; or 3. Directly or indirectly caused by or resulting from, or arising out of, the actions or inactions of any local, regional or federal governmental or regulatory authority of any designated countries or regions shown in the Schedule below; regardless of whether such designated countries or regions, organizations, or governmental or regulatory authorities are designated on any sanctions list to which this policy is subject. SCHEDULE Russia, Belarus or Ukraine (including Crimera and the Luhansk and Donetsk regions), including their territories and possessions and any state or political subdivision thereof. All other terms and conditions of this Policy remain unchanged. BOP -57291 (06/22) Includes copyrighted material of Insurance Services Office, with its permission. Page 1 of 1 (342860) Report your claim r Connect with adjuster Check claim status and upload documents 1. Reportyourclaimimmediatelyonline.Youcanalsoreportviaphoneoremail. 2. Provide as many details as you canto help us direct your claim. 3. Receive an email confirmation and claim number. Your adjuster will be in touch to guide you through the process. If you'd like to knowthe status ofyour claim or to upload anysupporting documents, go online to the Commercial Client Center. Hear from adjuster Your adjusterwill contact you aboutyourclaim and provide information on claim resolution on the final resolution. To report your claim online or check claim status, visit commercialservice.chubb.com Note that, first time users will need to register usingyour policy number. By phone: (844) 539-3801 Byemail: claims.smallbusinessochubb.com While waiting for your claim resolution, please visit www.chubb.com for additional resources or tips on howto protect yourself and your assets from potential loss. Chubb is the marketing name used to refer to su bsidiaries of Chubb Limited providing insurance and related services. Fora I ist of these subsidiaries, please visit our website at www.chubb.com. Insurance provided by ACE American Insurance Company and its U.S.- based Chubb underwriting company affiliates. All products may not be available in all states. Surplus lines insurance sold only through licensed surplus lines producers. Chubb, 202 Hall's Mill Road, Whitehouse Station, NJ 08889-1600. CB BOP 100106 23 BUSINESSOWNERS BP 01 55 07 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM INFORMATION SECURITY PROTECTION ENDORSEMENT A. Section I — Property is amended as follows: 1. With respect to an "open policy", the following is 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 a.(1) or a.(2), whichever is less: (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 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 b.(1) or b.(2), whichever is less: (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. 2. Paragraph E.2. Appraisal Property Loss Conditions is replaced by the following: 2. Appraisal If we and you disagree on the value of the property or the actual cash value or the amount of loss, either may make written request for an appraisal of the 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. 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 and 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. 3. Paragraph E.5.d.(1)(c) of the Loss Payment Property Loss Conditions is deleted. BP 01 55 07 20 © Insurance Services Office, Inc., 2020 Page 1 of 6 4. Paragraphs E.5.d.(1)(d) and E.5.d.(5) of the Loss Payment Property Loss Conditions are replaced as follows: (d) We will not pay on a replacement cost basis for any loss or damage until the lost or damaged property is actually repaired or replaced. Prior to such repair or replacement, we will pay the actual cash value of the lost or damaged property as described in Paragraph A.1. of this Endorsement. If the actual cash value does not exhaust the applicable Limit of Insurance, we will then pay the difference between the actual cash value and the replacement cost, provided that the repair or replacement is completed: (i) Within 12 months after we pay the actual cash value; or (ii) Within 36 months after we pay the actual cash value if the loss or damage relates to a state of emergency under California Law. The following provision applies to 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 you, acting in good faith and with reasonable diligence, encounter a delay or delays in approval for, or reconstruction of, the residence that are beyond your control, we shall provide one or more additional extensions of six months for good cause. Circumstances beyond your control include, but are not limited to: (i) Unavoidable construction permit delays; (ii) The lack of necessary construction materials; or (iii) The unavailability of contractors to perform the necessary work. Nothing in this Paragraph (d) constitutes a waiver of our right to deny the claim for any valid reason or to restrict payment in cases of suspected fraud. (5) Tenants' improvements and betterments at: (a) Replacement cost in accordance with the terms set forth in Paragraph (d) above. (b) A proportion of your original cost if the property is not repaired or replaced. We will determine the proportionate value as follows: (i) Multiply the original cost by the number of days from the loss or damage to the expiration of the lease; and (ii) Divide the amount determined in (i) 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. (c) Nothing if others pay for repairs or replacement. B. Section III — Common Policy Conditions is amended as follows: 1. Paragraphs A.2. and A.3. Cancellation 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. Page 2 of 6 © Insurance Services Office, Inc., 2020 BP 01 55 07 20 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. (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. 2. The following provision is added to Paragraph A. Cancellation: 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 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 that we may not cancel this Policy solely because: a. Corrosive soil conditions exist on the premises; or b. 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. BP 01 55 07 20 © Insurance Services Office, Inc., 2020 Page 3 of 6 However, we shall cancel this Policy if 4. Paragraph C. Concealment, the first Named Insured has accepted a Misrepresentation Or Fraud is replaced by new or renewal policy issued by the the following with respect to loss or damage CEA that includes an earthquake policy caused by a Covered Cause of Loss other than premium surcharge but fails to pay the fire: earthquake policy premium surcharge This Policy is void if any insured, whether authorized by the CEA. before or after a loss, has committed fraud or If a state of emergency under California intentionally concealed or misrepresented any Law is declared and the residential property material fact or circumstance concerning: is located in any ZIP Code within or a. This Policy; adjacent to the fire perimeter, as determined by California Law, we may not b. The Covered Property; cancel this Policy for one year, beginning c. An insured's interest in the Covered from the date the state of emergency is Property; or declared, solely because the dwelling or d. A claim under this Policy. other structure is located in an area in which a wildfire has occurred. However, we 5. Paragraph H.1. Other Insurance is replaced may cancel: by the following (with respect to coverage a. When you have not paid the premium, provided under Section I — Property): at any time by letting you know at least If there is other insurance covering the same 10 days before the date cancellation loss or damage, we will pay our share of the takes effect; covered loss or damage. Our share is the b. If willful or grossly negligent acts or proportion that the applicable Limit of omissions by the named insured, or his Insurance bears to the Limits of Insurance of or her representatives, are discovered all insurance covering on the same basis. that materially increase any of the risks We will not pay more than the applicable Limit insured against; or of Insurance of Section I — Property. c. If there are physical changes in the 6. The following paragraph is added and property insured against, beyond the supersedes any provisions to the contrary: catastrophe -damaged condition of the M. Nonrenewal structures and surface landscape, which 1. Subject to the provisions of Paragraphs result in the property becoming uninsurable. 2. and 3. below, if we elect not to renew this Policy, we will mail or deliver written 3. Paragraph C. Concealment, notice stating the reason for nonrenewal Misrepresentation Or Fraud is replaced by to the first Named Insured shown in the the following with respect to loss or damage Declarations and to the producer of caused by fire: record, at least 60 days, but not more We do not provide coverage to the insured than 120 days, before the expiration or who, whether before or after a loss, has anniversary date. committed fraud or intentionally concealed or We will mail or deliver our notice to the misrepresented any material fact or first Named Insured, and to the producer circumstance concerning: of record, at the mailing address shown a. This Policy; in the Policy. b. The Covered Property; 2. Residential Property c. That insured's interest in the Covered This provision applies to coverage on Property; or real property used predominantly for d. A claim under this Policy. residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit. Page 4 of 6 © Insurance Services Office, Inc., 2020 BP 01 55 07 20 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. We may elect not to renew such coverage for any reason, except that we will not refuse to renew such coverage solely because: a. 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; (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. b. 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. c. Corrosive soil conditions exist on the premises. BP 01 55 07 20 © Insurance Services Office, Inc., 2020 Page 5 of 6 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. a. 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; f. If we have made a written offer to the first Named Insured, in accordance with the timeframes shown in Paragraph 1., to renew the Policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%. C. The following changes apply only to Information Security Protection Endorsement BP 15 07 if it is attached to this Policy: b. If losses unrelated to the postdisaster loss condition of the property have occurred that would collectively render the risk ineligible for renewal; or c. 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 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. OR Paragraph (2) of Insuring Agreement d. Security Breach Liability is replaced by the following: (2) We will pay for "defense expenses" as a result of a "claim" in the form of a "regulatory proceeding" first made against the insured during the "policy period" or during the applicable Extended Reporting Period, in response to a "wrongful act" or a series of "interrelated wrongful acts" covered under Paragraph d.(1). Paragraph d. of the definition of "loss" in Paragraph V. is replaced by the following: d. With respect to Insuring Agreements d. Security Breach Liability and g. Web Site Publishing Liability: Compensatory damages, settlement amounts and costs awarded pursuant to judgments or settlements. "Loss" does not include: (1) Civil or criminal fines or penalties imposed by law; (2) Punitive or exemplary damages; (3) The multiplied portion of multiplied damages; (4) Taxes; (5) Royalties; (6) The amount of any disgorged profits; or (7) Matters that are uninsurable pursuant to law. Page 6 of 6 © Insurance Services Office, Inc., 2020 BP 01 55 07 20 POLICY NUMBER:D03613732 BUSINESSOWNERS BP 04 97 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Person Or Organization: City of Cupertino, its Officials and Employees Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Paragraph K. Transfer Of Rights Of Recovery Against Others To Us in Section III — Common Policy Conditions is amended by the addition of the following: 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. BP 04 97 01 06 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: O03613732 BUSINESSOWNERS BP 12 01 08 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS POLICY CHANGES THIS ENDORSEMENT FORMS A PART OF THE POLICY NUMBERED BELOW. POLICY NUMBER POLICY CHANGES EFFECTIVE COMPANY D03613732 04-01-2026 ACE Fire Underwriters Insurance Company NAMED INSURED AUTHORIZED REPRESENTATIVE DUBARA, LLC Robert M. Poliseno CHANGES Added Waiver of Subrogation and Notice of Cancellation "City of Cupertino, its Officials and Employees 10300 Torre Ave. Cupertino, CA 95014". POLICY AMOUNT AND PREMIUM ADJUSTMENT Limits Of Insurance Premiums ' AddI Premium Return Premium Coverage Description Previous Limit Of Insurance New Limit Of Insurance Previous Premium New Premium OPTIONAL COVERAGES The following optional coverages are added under this policy Add'I Premium when designated by an "X" in the box(es) shown below. Return Premium Limits Of Insurance Outdoor Signs $ $ (Location#1) Burglary and Robbery $ (Named Peril Endorsement only) $ Inside the Premises $ Outside the Premises Or Money and Securities $ Inside the Premises $ $ Outside the Premises Equipment Breakdown $ $ (Location #1, 0) BP 12 01 08 10 © Insurance Services Office, Inc., 2009 Page 1 of 2 O TOTAL PREMIUM ADJUSTMENTS PREMIUM DUE AT POLICY CHANGE EFFECTIVE DATE ADDITIONAL RETURN $ 51 $ REMOVAL If Covered Property is removed to a new location that is described on this Policy Change, you may PERMIT extend this insurance to include that Covered Property at each location during the removal. Coverage at each location will apply in the proportion that the value at each location bears to the value of all Covered Property being removed. This permit applies up to 10 days after the effective date of this Policy Change; after that, this insurance does not apply at the previous location. Authorized Representative Signature Page 2 of 2 © Insurance Services Office, Inc., 2009 BP 12 01 08 10 ❑ NOTICE OF CANCELLATION TO SCHEDULED PERSONS OR ORGANIZATIONS (EXCEPT NON-PAYMENT OF PREMIUM) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Person(s) Or Organization(s): City of Cupertino, its Officials and Employees Address: 10300 Torre Ave,Cupertino, CA 95014 Number Of Days Notice Of Cancellation: 30 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following condition is added to Section III - Common Policy Conditions: NOTICE OF CANCELLATION TO SCHEDULED PERSONS OR ORGANIZATIONS (EXCEPT NON- PAYMENT OF PREMIUM) When we cancel this policy for any reason, other than non-payment of premium, we will notify the person(s) or organization(s) shown in the Schedule at least the number of days shown in the Schedule in advance of the effective date of cancellation. Any failure by us to notify such person(s) or organization(s) will not: 1. Impose any liability or obligation of any kind upon us; or 2. Invalidate such cancellation. All other terms and conditions of this policy remain unchanged. BOP -48780 (01/17) Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission, 2017 CHUBS" POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE 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 GENERALLY REIMBURSES 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 $ioo BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED $ioo BILLION, YOUR COVERAGE MAY BE REDUCED. Acceptance or Resection of Terrorism Insurance Coverage I hereby elect to purchase terrorism coverage for a prospective premium of $ 9 I hereby decline to purchase terrorism coverage for certified acts of terrorism. I understand that I will have no coverage for losses resulting from certified acts of terrorism. Policyholder/Applicant's Signature DUBARA, LLC Print Name 2026-04-01 Date ACE Fire Underwriters Insurance Company Insurance Company SERCAD036137321X Policy Number TR-19604e (08/20) POLICY NUMBER:D03613732 BUSINESSOWNERS BP 05 15 1220 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE SCHEDULE — PART I Terrorism Premium (Certified Acts) $ 9 Additional information, if any, concerning the terrorism premium: SCHEDULE — PART II Federal share of terrorism losses 80 % (Refer to Paragraph B. in this endorsement.) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to coverage for terrorist acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations. B. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federal program. The federal share equals a percentage (as shown in Part II of the Schedule of this endorsement or in the policy Declarations) of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However, if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year, the Treasury shall not make any payment for any portion of the amount of such losses that exceeds $100 billion. BP 05 15 12 20 © Insurance Services Office, Inc., 2020 Page 1 of 2 C. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Page 2 of 2 © Insurance Services Office, Inc., 2020 BP 05 15 12 20 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 06 (5-88) The following item(s) n Insured's Name Policy Number Effective Date Expiration Date Insured's Mailing Address Experience Modification Producer's Name Change in Workplace of Insured Insured's Legal Status Item 3.A. States is changed to read: POLICY INFORMATION PAGE ENDORSEMENT THE POLICY IS AMENDED AS FOLLOWS: ADD WOS AND NOC Item 3.B. Limits Item 3.C. States X Item 3.D. Endorsement Numbers Item 4. *Class, Rate, Other Interim Adjustment of Premium Carrier Servicing Office Interstate/Intrastate Risk I.D. Number Carrier Number Issuing Agency/Producer Office Address THE FOLLOWING FORM(S) HAS BEEN ADDED: WC 99 06 43 06-11 NOTICE OF CANCELLATION SCHED PERSONS/ORG *Item 4. Change To: Premium Basis Rate Per $100 Classifications Code Total Estimated of Estimated No. Annual Annual Premium Remuneration Remuneration SEE ATTACHED E crENSIOr, IF APPLICABLE Total Estimated Annual Premium $ 460 Minimum Premium $ 321 Deposit Premium $ 136 All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 04 / 01/2026 Policy No. (27) 7182-64-01 Endorsement No. 002 Insured DUBARA, LLC CAMPBELL, CA 95008-5376 Insurance Company Federal Insurance Company Premium: No Charge Countersigned By WC 99 06 06 (5-88) © 2001 National Council on Compensation Insurance, Inc. WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 06 12890 (5-88) POLICY INFORMATION PAGE ENDORSEMENT Premium Basis Total Estimated Rate Per Code Standard $100 of Estimated Standard Classifications No. Remuneration Remuneration Premium WC 99 06 06 (5-88) WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 99 06 43 (Ed. 6-11) NOTICE OF CANCELLATION - SCHEDULED PERSON(S) OR ORGANIZATION(S) This endorsement effective on 04/01/26 at 12:01 A.M. standard time, forms a part of (DATE) Policy No. (27) 7182-64-01 of the Federal Insurance Company (NAME OF INSURANCE COMPANY) Issued to DUBARA, LLC Authorized Representative Under Part Six — Conditions of the policy, the following is added: Notice of Cancellation — Scheduled Person(s) or Organization(s) When we cancel this policy we will notify the person(s) or organization(s) described in the SCHEDULE at least 30 days (10 days in the event of nonpayment of premium) in advance of the cancellation date. Any failure by us to notify such person(s) or organization(s) will not: • Impose any liability or obligation of any kind upon us; or • Invalidate such cancellation. SCHEDULE City of Cupertino, 10300 Torre Ave, Cupertino, CA 95014. WC 99 06 43 (Ed. 6-11) Insured Copy WorkersCompensation and Employers' Liability Policy Named Insured Endorsement Number DUBARA, LLC Policy Number Symbol: Number: (27) 7182-64-01 Policy Period Effective Date of Endorsement 04/01/2026 TO 04/01/2027 04/01/2026 Issued By (Name of Insurance Company) Federal Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. 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, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization: ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be 1 % percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium: Authorized Representative WC 90 03 75 (05/18) Producer Copy Contract - reusable foodware services for City events for 5 years Final Audit Report Created: 2026-05-11 By: Webmaster Admin (webmaster@cupertino.org) Status: Signed Transaction ID: CBJCHBCAABAAS2WAylaa1Ihp1 Dp5iBw915mmxo2NS9Ck 2026-05-14 "Contract - reusable foodware services for City events for 5 year s" History Document created by Webmaster Admin (webmaster@cupertino.org) 2026-05-11 - 6:23:13 AM GMT- IP address: 99.72.152.114 Document emailed to Araceli Alejandre (AraceliA@cupertino.gov) for approval 2026-05-11 - 6:32:40 AM GMT Email viewed by Araceli Alejandre (AraceliA@cupertino.gov) 2026-05-11 - 6:32:53 AM GMT- IP address: 13.220.42.104 L O Document approved by Araceli Alejandre (AraceliA@cupertino.gov) Approval Date: 2026-05-11 - 3:09:52 PM GMT - Time Source: server- IP address: 71.202.76.156 T Document emailed to meghna@dubara.com for signature 2026-05-11 - 3:09:57 PM GMT Email sent to meghna@dubara.com bounced and could not be delivered 2026-05-11 - 3:24:20 PM GMT Webmaster Admin (webmaster@cupertino.org) added alternate signer meghna@dubara.co. The original signer meghna@dubara.com can still sign. 2026-05-11 - 4:12:36 PM GMT- IP address: 64.165.34.3 r Document emailed to meghna@dubara.co for signature 2026-05-11 - 4:12:37 PM GMT ,� Email viewed by meghna@dubara.co 2026-05-11 - 4:53:15 PM GMT- IP address: 74.125.209.169 Powered by Adobe CVPERTINO Acrobat Sign Email viewed by meghna@dubara.co 2026-05-12-5:57:57 PM GMT- IP address: 146.75.154.0 J Signer meghna@dubara.co entered name at signing as Meghna Varma 2026-05-13 - 11:13:59 PM GMT- IP address: 73.92.236.177 L Document e -signed by Meghna Varma (meghna@dubara.co) Signature Date: 2026-05-13 - 11:14:03 PM GMT - Time Source: server- IP address: 73.92.236.177 - Signature Appearance Selected: TYPE Document emailed to Michael Woo (michaelw@cupertino.gov) for signature 2026-05-13 - 11:14:06 PM GMT Q© Email sent to meghna@dubara.com bounced and could not be delivered 2026-05-13 - 11:14:09 PM GMT Email viewed by Michael Woo (michaelw@cupertino.gov) 2026-05-13 - 11:14:23 PM GMT- IP address: 18.207.111.69 Document e -signed by Michael Woo (michaelw@cupertino.gov) Signature Date: 2026-05-14 - 5:12:16 PM GMT - Time Source: server- IP address: 98.33.114.31 - Signature Appearance Selected: IMAGE Document emailed to Chad Mosley (chadm@cupertino.gov) for signature 2026-05-14 - 5:12:22 PM GMT Email viewed by Chad Mosley (chadm@cupertino.gov) 2026-05-14 - 5:12:32 PM GMT- IP address: 3.87.254.170 © Document e -signed by Chad Mosley (chadm@cupertino.gov) Signature Date: 2026-05-14 - 5:44:18 PM GMT - Time Source: server- IP address: 64.165.34.3 - Signature Appearance Selected: IMAGE '`-► Document emailed to Lauren Sapudar (laurens@cupertino.gov) for signature 2026-05-14 - 5:44:22 PM GMT Email viewed by Lauren Sapudar (laurens@cupertino.gov) 2026-05-14 - 5:44:32 PM GMT- IP address: 44.196.58.137 Document e -signed by Lauren Sapudar (laurens@cupertino.gov) Signature Date: 2026-05-14 - 5:52:33 PM GMT - Time Source: server- IP address: 69.149.42.28 - Signature Appearance Selected: TYPE Q Agreement completed. 2026-05-14 - 5:52:33 PM GMT Powered by Adobe CVPERTINO Acrobat Sign