Loading...
Insurance Certificates 2019/20 Eide Bailly LLPSHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 05/01/19HWS0000078 4th Floor 111 West Campbell Kyle Daker USA 847-385-6800 05/01/20 78-495 Calle Tampico Arlington Heights, IL 60005 1-847-385-6800 Fargo, ND 58103 PSGCerts@lemme.com 4310 17th Avenue S. Eide Bailly LLP La Quinta, CA 92253 Professional Liability Aggregate Each Claim Lemme, a division of EPIC Edgewood Partners Insurance Center SCOTTSDALE INS CO and various insurers Cheryl.Donohue@lemme.com_LEM 5,000,000 5,000,000 58096025 58096025 12/26/2019 City of La Quinta A ~ VAVRTRl-01 MA912705 ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM /DDNYYY) ~ 05/03/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTI FICATE 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 ADD ITIONAL INSURED, the pol icy(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 hol der in lieu of such endorsement(s). PROD UCE R License# OE77964 2~~~~cT Suzanne Posada l ntegro USA Inc ., dba : lntegro Insurance Brokers ri11gNr::o , Ext): (949) 419-1644 I FAX (AJC , No l :(949) 419-1674 3 620 B i rch Street ~t1cf'~b .,.,. suzanne.posada@integrogroup.com Newport Beach, CA 92660 IN SURERIS\ AF FORDI NG COVE RAG E NAI C # IN SURER A : Federal Insurance Comoanv 20281 IN SURED IN SURE RB :EVEREST NATIONAL INSURANCE COMPANY 10120 Vav rinek, Trine , Day and Company , LLP INSURER c : Naviaators Insurance Comoanv 42307 10681 Foothill Blvd ., Sui te #300 INSUR ER D : Rancho Cucamonga, CA 91730 IN SURE R E : INSU RE R F : COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE PO LI C IES OF IN SURA NC E LI STED BELOW HAVE BEEN ISS UED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IND ICATED . NOTWIT HSTANDING AN Y REQUIR EMENT, TERM OR CONDI TI O N OF AN Y CONTRACT OR OTHER DOCUMEN T WIT H RESPECT TO WIH IC H TH IS CERTIFICATE MAY BE ISS UED OR MAY PERTAIN , THE INS URA NCE AFFOR DED BY THE POLI CIES DES CRIBED HEREIN IS SUBJECT TO A LL THE TERMS , EXC LUSIONS A ND CONDITIONS OF SUC H PO LI CIES . LI MITS SHOWN MAY HAVE BEEN RED UCE D BY PA ID CLA IMS. INSR TYPE OF INSURANCE ~.?.Pr\-I ~~ POLICY NUMBER .. ~9LIC Y EFF POLI CY EXP LI MI TS LTR A x COMMERCI AL GEN ERA L LI AB ILITY EACH OCCURRENC E $ 1 ,000,000 t--D CLAIMS-MADE 0 OCCUR !;?~f>::.'1.AG,~J9F~i;.~;~~nre \ 1 ,000,000 x x 36029324 05/13/2019 05/13/2020 $ MED EXP IAnv one oerson l $ 10,000 t-- 1 ,000,000 PERSONA L & ADV INJURY $ t-- ~'L AGGREGATE LIM IT AP PLI ES PER : GENERALAGGREGATE $ 2 ,000,000 POLICY D ~~8-r D LOC PRODUCTS -COM P/OP AGG $ 2 ,000,000 OT HER: $ A AUTO MOBIL E LI AB ILITY COMB INED SI NGL E LI MIT 1 ,000,000 IEa acr;•fo ntl $ t-- ANY AUTO 73593893 05/13/2019 05/13/2020 BOD ILY INJURY IPer oersonl $ t---OWNED SCHEDULED t--AUTOS ONLY -AUTOS BODILY INJURY IPer accidentl $ x HIRED x ~8~~~1~ FP"!.7~.\°c~~t~A M AGE $ AUTOS ONLY $ A x UMBRE LLA LIA B M OCCUR EACH OCCURRE NCE $ 10,000,000 t-- 79887380 05/13/2019 05/13/2020 10,000,000 EXCESS LI AB CLAIMS-MAD E AGGREGATE $ OE D I x I RETENTIO N $ 0 $ B WORKERS CO MPEN SATIO N x I ~ffTllTF I l n H-AND EMP LOYE RS' LIABI LITY Y/N x CA10003013191 05/13/2019 05/13/2020 1 ,000,000 ANY PROPR IETOR/P ARTNER/E XECUTIVE D E.L. EACH ACC IDE NT $ OFF ICER/MEMBER EXCLUDED? N /A 1 ,000,000 (Ma nd atory in NH) E.L. DISEASE -EA EM PLOYEE $ If yes , describe under 1 ,000,000 DESCRI PTI ON OF OPERAT IONS below E.L. DISEAS E -POLI CY LIM IT $ c E&O Liability CE19APLOBFDPVIC 01/01/2019 01 /01/2020 Each Occurrence/Agg . 5 ,000,000 c E&O Liability CE19APLOBFDPVIC 01/01/2019 01/01/2020 Retention-Each Claim 100,000 DES CRIPTION OF OPERATIONS I LOCA TI ONS I VE HICL ES tCORD 101 , Addi tio nal Remarks Schedul e, ma y be attac hed if more spac e is requi red) Errors & Omissions Liability -Claims Made -Fu I Prior Acts Excess 1st Layer E&O Liability: Insurance Carrier: Aspen Specialty Insurance Co. Policy No.: LXA9ALH19 Policy Period : 01/01/19 to 01/01 /20 Limit: $5,000 ,000 Each Cla i m I Aggregate SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of La Quinta THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 78-495 Calle Tampico La Quinta, CA 92253 AU THOR IZED REPRESE NTATIV E I ~Nt!lb~ Cl .~ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo a re registered marks of ACORD AGENCY CUSTOMER ID: VAVRTRl -01 MA912705 ------------------~ LOC #: 1 -------- ADDITIONAL REMARKS SCHEDULE A GENCY License# OE77964 ntegro USA Inc., dba : lntegro Insurance Brokers POLICY NUMBER SEE PAGE 1 CARRIE R I: NAIC CODE SEE PAGE 1 SEEP 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM , FORM NUMBER : ACORD 25 FORM TITLE : Certific ate of Liability Insurance Description of Operations/LocationsNehicles: NA MED INSURED Vavrinek , Trine8 D~ and Comcfcany , LLP 10681 Foothill Iv ., Suite #3 0 Rancho Cucamonga , CA 91730 EFFECTIVE DATE: SEE PAGE 1 Page 1 of City of La Quinta is additional insured, per the attached form #80 -02-2367 (Rev. 5-07) including primary and non-contributory coverage , to the extent required by written contract, subject to policy terms and conditions. Waiver of Subrogation applies on the General Liabiality , per the attached form #80 -02-2000 (Rev. 4 -01 ), to the extent required by written contract, subject to policy terms and conditions. Waiver of Subrogation applies on the Workers' Compensation, per the attached form #WC 00 03 13 (Ed. 4-84), to the extent required by written contract, subject to policy terms and conditions. 60 days notice of cancellation , 20 days for non-payment of premium , per the attached form #80-02 -9717 (12 -11 ), to the extent required by written contract, subject to policy terms and conditions. ACORD 101 (2008 /01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Liability Insurance Endorsement Policy Period MAY 13, 2019 TO MAY 13, 2020 Effective Date MAY 13, 2019 Policy Number 3602-93-24 WCE Insured VA VRINEK, TRINE, DAY AND COMPANY, LLP Name of Company FEDERAL INSURANCE COMPANY Date Issued FEBRUARY 15, 2019 This Endorsement applies to the following forms: GENERAL LIABILITY Who Is An Insured Additional Insured - Scheduled Person Or Organization Liability Insurance Form 80-02-2367 (Rev. 5-07) Under Who Is An Insured, the following provision is added Persons or organizations shown in the Schedule are insureds ; but they are insureds only if you are obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by this policy. However, the person or organization is an insured only: if and then only to the extent the person or organization is described in the Schedule; to the extent such contract or agreement requires the person or organization to be afforded status as an insured; for activities th at did not occur, in whole or in part, before the execution of the contract or agreement; and with respect to damages, loss, cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision: that is more specifically identified under any other provision of the Who Is An In sured section (regardles s of any limitation applicable thereto). with respect to any assumption of liability (of another person or organization) by them in a contract or agreement. This limitation does not apply to the liability for damages, loss, cost or expense for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement. Additional Insured -Scheduled Person Or Organization continued Endorsement Page 1 Liability Endorsement (continued) Conditions Other Insurance - Primary, Noncontributory Insurance -Scheduled Person Or Organization Liability Insurance Form 80-02-2367 (Rev. 5-07) Under Conditions, the following provision is added to the condition titled Other Insurance. If you are obligated, pursuant to a contract or agreement, to provide the person or organization shown in the Schedule with primary insurance such as is afforded by this policy, then in such case this insurance is primary and we will not seek contribution from insurance available to such person or organization. Schedule Persons or organizations that you are obligated, pursuant to a contract or agreement, to provide with such insurance as is afforded by this policy. All other terms and conditions remain unchanged. Authorized Representative Additional Insured -Scheduled Person Or Organization last page Endorsement Page 2 I NSURED: Vavrinek, Trine, Day and Company, LLP POLICY NO .: 3602934 Liability Insurance General Liability Table Of Contents Section Coverages Investigation, Defense And Settlements Sup12.lementary Payments Coverage Territory Who Is An Insured Limits Of Insurance Page No. 3 4 4 5 5 9 Bodily Injury/Property Damage Exclusions..__-=============== 10 Advertising Injury/Personal Injury Exclusions 14 Medical Expenses Exclusions 15 Policy Exclusions 16 Conditions 20 Definitions 25 Form 80-02-2000 (Rev. 4-01) Contract Page 1 of32 c 0 N T R A c T G E N E R A L L I A B I L I T y THIS PAGE INTENTIONALLY LEFT BLANK Form 80-02-2000 (Rav.4-01) Contract Paga2of32 Coverages Bodily Injury And Property Damage Liability Coverage Advertising Injury And Personal Injury Liability Coverage Liability Insurance Form 80-02-2000 (RBV . 4--01) General Liability Contract Please read the entire policy carefully. The terms and conditions of this insurance include the various sections of this contract: Coverages; Investigation, Defense And Settlements ; Supplementary Payments; Coverage Territory; Who Is An Insured; Limits Of Insurance ; Exclusions; Conditions ; and Definitions, as well as the Declarations , Common Policy Conditions and any Endorsements and Schedules made a part of this insurance. Throughout this contract the words "you " and "your " refer to the Named Insured shown in the Declarations and other persons or organizations qualifying as a Named Insured under this contract. The words "we," "us " and "our " refer to the Company providing this insurance. In addition to the Named Insured, other persons or organizations may qualify as insureds. Those persons or organizations and the conditions under which they qualify are identified in the Who Is An Insured section of this contract. Words and phrases that appear in bold print have special meanings and are defined in the Definitions section of this contract. Subject to all of the terms and conditions of this insurance, we will pay damages that the insured becomes legally obligated to pay by reason of liability: imposed by law; or assumed in an insured contract; for bodily injury or property damage caused by an occurrence to which this coverage applies . This coverage applies only to such bodily injury or property damage that occurs during the policy period. Damages for bodily injury include damages claimed by a person or organization for care or loss of services resulting at any time from the bodily injury. Other than as provided under the Investigation, Defense And Settlements and Supplementary Payments sections of this contract, we have no other obligation or liability to pay sums or perform acts or services under this coverage . Subject to all of the terms and conditions of this insurance, we will pay damages that the insured becomes legally obligated to pay by reason of liability: imposed by law; or assumed in an insured contract; for advertising injury or personal injury to which this coverage applies . This coverage applie s only to such advertising injury or personal injury caused by an offense that is first committed during the policy period. Other than as provided under the Investigation, Defense And Settlements and Supplementary Payments sections of this contract, we have no other obligation or liability to pay sums or perform acts or services under this coverage. Contract Pags 3 of32 Coverages (continued) Medical Expenses Coverage Investigation, Defense And Settlements Supplementary Payments Liability Insurance Form 80-02-2000 (Rev. 4-01) Subject to all of the terms and conditions of this insurance, we will pay medical expenses for bodily injury caused by an accident to which this coverage applies: that takes place on premises rented to or owned by you ; or in connection with your operations; provided that such: accident occurs during the policy period; expenses are incurred and reported to us within three (3) years of the date of the accident; and person who sustained such bodily injury submits to examination , at our expense, by physicians of our choice as often as we reasonably require. We will make these payments regardless of fault. We have no other obligation or liability under this coverage. Subject to all of the terms and conditions of this insurance , we will have the right and duty to defend the insured against a suit, even if such suit is false, fraudul ent or groundless. If such a suit is brought, we will pay reasonable attorney fees and necessary litigation expenses to defend: the insured ; and if applicable, the indemnittee of the insured, provided the obligation to defend, or the cost of the defense of, such indemnittee has been assumed by such insured in an insured contract. Such attorney fees and litigation expenses will be paid as described in the Supplementary Payments section of this contract. We have no duty to defend any person or organization against any suit seeking damages to which this insurance does not apply. We may, at our discretion, investigate any occurrence or offense and settle any claim or suit. Our duty to defend any person or organization ends when we have used up the applicable Limit Of Insurance. Subject to all of the terms and conditions of this insurance, we will pay, with respect to a claim we investigate or settle, or a suit against an insured we defend: A. the expenses we incur. B. the cost of: 1. bail bonds; or 2. bonds required to: a. appeal judgments; or Contract Page 4of32 Supplementary Payments (continue d) Coverage Territory Who Is An Insured S ole Prop rietorships Liability fnsurancs Form 8 0-02-2000 (Re v. 4-01 J General Liability b. release attachments; but only for bond amounts within the available Limit Of Insurance. We do not have to furnish these bonds. C. reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of such claim or suit, including actual loss of earnings up to $1000 a day because of time off from work. D. costs taxed against the insured in the suit, except any: 1. attorney fees or litigation expenses; or 2. other loss , cost or expense; in connection with any injunction or other equitable relief. E . prejudgment interest awarded against the insured on that part of a judgment we pay. If we make an offer to pay the applicable Limit Of Insurance, we will not pay any prejudgment interest based on that period of time after the offer. F. interest on the full amount of a judgment that accrues after entry of the judgment and before we have paid, offered to pay or deposited in court the part of the judgment that is within the applicab le Limit Of Insurance. Supplementary Payments does not include any fine or other penalty. These payments will not reduce the Limits Of Insurance. Our obligation to make these payments ends when we have used up the applicable Limit Of Insurance. This insurance applies anywhere, provided the insured's responsibility to pay damages, to which this insurance applies, is determined in a suit on the merits brought in the United States of America (including its possessions and territories), Canad a or Puerto Rico, or in a settlement to which we agree. If you are an individual, you and your spo use are insureds; but you and your spou se are insureds only with respect to the conduct of a business of which you are the sole owner. If you die: Contract persons or organizations having proper temporary custody of your property are insureds; but they are insureds only with respect to the maintenance or use of such property and only for acts until your legal representative has been appointed; and your legal representatives are insureds; but they are insureds only with respect to their d uties as your legal representatives. Such legal representatives will assume your rights and duties under this insurance. Page 5 of 32 Who Is An Insured (continued) Partnerships Or Joint Ventures Limited Liability Companies Other Organizations Employees Liability Insurance Form 80-02-2000 (Rev. 4-01) If you are a partnership (including a limited liability partnership) or a joint venture, you are an insured. Your members, your partners and their spouses are insureds; but they are insureds only with respect to the conduct of your business. If you are a limited liability company, you are an insured. Your members and their spouses are insureds; but they are insureds only with respect to the conduct of your business. Your managers are insureds; but they are insureds only with respect to their duties as your managers. If you are an organization (including a professional corporation) other than a partnership, joint venture or limited liability company, you are an insured. Your directors and officers are insureds; but they are insureds only with respect to their duties as your directors or officers. Your stockholders and their spouses are insureds; but they are insureds only with respect to their liability as your stockholders. Your employees are insureds; but they are insureds 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: A. bodily injury, advertising injury or personal injury: 1. to you, to any of your directors, managers, members, 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; 2. to the brother, child, parent, sister or spouse of such injured person as a consequence of any injury described in subparagraph A.1. above; or 3. for which there is any obligation to share damages with or repay someone else who must pay damages because of any injury described in subparagraphs A.1. or A.2. above. With respect to bodily injury only, this limitation does not apply to: you or to your directors, managers, members, officers, partners or supervisors as insureds; or your employees, as insureds, with respect to such damages caused by cardio- pulmonary resuscitation or first aid services administered by such an employee; or B . property damage to any property owned, occupied or used by you or by any of your directors, managers, members, officers or partners (whether or not an employee) or by any of your employees. Contract This limitation does not apply to property damage to premises while rented to you or temporarily occupied by you with permission of the owner. Page 6of32 CHUBB. Who Is An Insured (continued) Volunteers Real Estate Managers Permissive Users Of Mobile Equipment Vendors Liability Insurance Form 80-02-2000 (Rsv. 4-01) General Liability Persons who are volunteer workers for you are insureds; but they are insureds only for acts within the scope of their activities for you and at your direction. Persons (other than your employees) or organizations acting as your real estate managers are insureds; but they are insureds only with respect to their duties as your real estate managers. With respect to mobile equipment registered in your name under a motor vehicle registration law: A. persons driving such equipment on a public road with your permission are insureds; and B . persons or organizations responsible for the conduct of such persons described in subparagraph A. above are insureds; but they are insureds only with respect to the operation of the equipment and only if no other insurance of any kind is available to them. However, no person or organization is an insured with respect to: bodily injury to any co-employee of the person driving the equipment; or property damage to any property owned or occupied by or loaned or rented to you, or in your charge or the charge of the employer of any person who is an insured under this provision. Persons or organizations who are vendors of your products are insureds; but they are insureds only with respect to their liability for damages for bodily injury or property damage resulting from the distribution or sale of your products in the regular course of their business and only if this insurance applies to the products-completed operations hazard. However, no such person or organization is an insured with respect to any: Contract assumption of liability by them in a contract or agreement This limitation does not apply to the liability for damages for bodily injury or property damage that such vendor would have in the absence of such contract or agreement; representation or warranty unauthorized by you; physical or chemical change in your products made intentionally by the vendor; repackaging, unless unpacked solely for the purpose of inspection, demonstration or testing , or the substitution of parts under instruction from the manufacturer and then repacked in the original container; 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 your products; demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of your products; or of your products which, after distribution or sale by you, have been labeled or relabeled or used as a container, ingredient or part of any other thing or substance by or for the vendor. Page 7of32 Who Is An Insured Vendors (continued) Lessors Of Equipment Lessors Of Premises Subsidiary Or Newly Acquired Or Formed Organizations Limitations On Who Is An Insured Liability Insurance Form 80-02-2000 (Rav. 4-01) Further, no person or organization from whom you have acquired your products, or any container, ingredient or part entering into, accompanying or containing your products, is an insured under this provision. Persons or organizations from whom you lease equipment are insureds; but they are insureds only with respect to the maintenance or use by you of such equipment and only if you are contractually obligated to provide them with such insurance as is afforded by this contract. However, no such person or organization is an insured with respect to any: damages arising out of their sole negligence; or occurrence that occurs, or offense that is committed, after the equipment lease ends. Persons or organizations from whom you lease premises are insureds; but they are insureds only with respect to the ownership, maintenance or use of that particular part of such premises leased to you and only if you are contractually obligated to provide them with such insurance as is afforded by this contract. However, no such person or organization is an insured with respect to any : damages arising out of their sole negligence; occurrence that occurs, or offense that is committed, after you cease to be a tenant in the premises; or structural alteration, new construction or demolition operations performed by or on behalf of them. If there is no other insurance available, the following organizations will qualify as named insureds: 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, such first named insured controls, either directly or indirectly, more than fifty (50) percent of the interests entitled to vote generally in the election of the governing body of such organization; or a subsidiary organization of the first named insured shown in the Declarations that such first named insured acquires or forms during the policy period, if at the time of loss such first named insured controls, either directly or indirectly, more than fifty (50) percent of the interests entitled to vote generally in the election of the governing body of such organization . A. Except to the extent provided under the Subsidiary Or Newly Acquired Or Formed Organizations provision above, no person or organization is an insured with respect to the conduct of any person or organization that is not shown as a named insured in the Declarations. B. No person or organization is an insured with respect to the: 1. ownership, maintenance or use of any assets; or 2. conduct of any person or organization whose assets, busines s or organization; Contract Paga Bof32 Who Is An Insured Limitations On Who Is An Insured (continued) Limits Of Insurance General Aggregate Limit Products-Completed Operations Aggregate Limit Advertising Injury And Personal Injury Aggregate Limit Each Occurrence Limit Liability Insurance Form 80-02-2000 (Rev. 4-01) General Liability you acquire, either directly or indirectly, for any : bodily injury or property damage that occurred; or advertising injury or personal injury arising out of an offense first committed; in whole or in part, before you , directly or indirectly, aquired such assets, business or organization. The Limits Of Insurance shown in the Declarations and the rules below fix the most we will pay, regardless of the number of: insureds; claims made or suits brought; or persons or organizations making claims or bringing suits. The Limits Of Insurance apply separately to each consecutive annual period and to any remaining period of less than twelve (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 twelve (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. Subject to the Each Occurrence Limit, the General Aggregate Limit is the most we will pay for the sum of: damages for bodily injury and property damage, except damages included in the products-completed operations hazard; and medical expenses. Subject to the Each Occurrence Limit, the Products-Completed Operations Aggregate Limit is the most we will pay for the sum of damages for bodily injury and property damage included in the products-completed operations hazard. The Advertising Injury And Personal Injury Aggregate Limit is the most we will pay for the sum of damages for advertising injury and personal injury. The Each Occurrence Limit is the most we will pay for the sum of: damages for bodily injury and property damage; and medical expenses; arising out of any one occurrence. Any amount paid for damages or medical expenses will reduce the amount of the applicable aggregate limit available for any other payment. Contract Page 9 of32 Limits Of Insurance Each Occurrence Limit (continued) Damage To Premises Rented To You Limit Medical Expenses Limit Bodily Injury/Property Damage Exclusions Aircraft, Autos Or Watercraft Liability Insurance Form 80-02-2000 (Rev. 4-01) If the applicable aggregate limit has been reduced to an amount that is less than the Each Occurrence Limit, the remaining amount of such aggregate limit is the most that will be available for any other payment. Subject to the Each Occurrence Limit, the Damage To Premises Rented To You Limit is the most we will pay for the sum of damages for property damage to any one premises while rented to you or temporarily occupied by you with permission of the owner. Subject to the Each Occurrence Limit, the Medical Expenses Limit is the most we will pay for the sum of medical expenses, under Medical Expenses coverage, for bodily injury sustained by any one person. None of the following exclusions, except "Contracts ", "Expected Or Intended In jury" and "Loss In Progress", apply to property damage to premises while rented to you or temporarily occupied by you with permission of the owner. This insurance does not apply to bodily injury or property damage arising out of the ownership, maintenance, use (use includes operation and loading or unloading) or entrustment to others of any: aircraft; auto ; or watercraft; owned or operated by or loaned or rented to any insured. This exclusion does not apply to: A. a watercraft while ashore on premises owned by or rented to you; B. a watercraft you do not own, provided that it: 1. is less than fifty-five (55) feet long; and 2. does not transport persons or cargo for a charge; C. the parking of an auto on premises owned by or rented to you, provided the auto is not owned by or loaned or rented to you or the insured; D. the liability for damages assumed in an insured contract resulting from the ownership, maintenance or use, by others, of an aircraft or watercraft; E. the operation of the equipment described in subparagraphs F.2. or F.3. of the definition of mobile equipment; or F. an aircraft you do not own, provided that: Contract 1. the pilot in command holds a currently effective certificate, iss ued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; Page 10of32 CHUBB. Bodily Injury/Property Damage Exclusions Aircraft, Autos Or Watercraft (continued) Alcoholic Beverage Type Businesses Contracts Damage To Alienated Premises Damage To Impaired Property Or Property Not Physically Injured Liability Insurance Form 80-02-2000 (Rsv. 4-01) General Liability 2. 3. it is rented with a trained, paid crew; and it does not transport persons or cargo for a charge This insurance does not apply to bodily injury or property damage for which any insured may be held liable by reason of: causing or contributing to the intoxication of any person; furnishing alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages . This exclusion applies only if you are in the business of manufacturing, distributing , selling, serving or furnishing alcoholic beverages. This insurance does not apply to bodily injury or property damage for which the insured is obligated to pay damages by reason of assumption of liability in a contract or agreement. This exclusion does not apply to the liability for damages: that such insured would have in the absence of such contract or agreement; or assumed in an oral or written contract or agreement that is an insured contract, provided the bodily injury or property damage, to which this insurance applies, occurs after the execution of such contract or agreement. This insurance does not apply to property damage to any premises you sell, give away or abandon, if the property damage arises out of any part of those premises. This exclusion does not apply if the premises are your work and were never occupied, rented or held for rental by you . This insurance does not apply to property damage to: impaired property; or property that has not been physically injured; arising out of any: defect, deficiency, inadequacy or dangerous condition in your product or your work; or Contract Pags 11 of32 Bodily Injured/Property Damage Exclusions Damage To Impaired Property Or Property Not Physically Injured (continued) Damage To Owned Property Damage To Various Property Of Others (Care, Control Or Custody) Damage To Your Product Damage To Your Work Employer's Liability Liability Insurance Form 80-02-2000 (Rsv. 4-01) delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms and conditions. This exclusion does not apply to the loss of use of other tangible property resulting from sudden and accidental physical in jury to your product or your work after it has been put to its intended use . This insurance does not apply to property damage to any property owned by you. This insurance does not apply to property damage to any: personal property loaned or rented to you; property held by you or on your behalf for sale or entrusted to you for safekeeping or storage ; property on your premises for purposes of performing operations on such property by you or on your behalf; tools or equipment used by you or on your behalf in performing operations; or property in your care, control or custody that will be erected, installed or used in construction operations by you or on your behalf. This exclusion does not apply to the liability for damages assumed in a sidetrack agreement This insurance does not apply to property damage to your product arising out of it or any part of it. This insurance does not apply to 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 causing the damage was performed on your behalf by a subcontractor. A. This insurance does not apply to bodily injury to an employee of the insured arising out of and in the course of: 1. employment by the insured; or 2. performing duties related to the conduct of the insured's business. B. This insurance does not apply to bodily injury to the brother, child, parent, sister or spouse of such employee as a consequence of any injury described in paragraph A. above. This exclusion applies: Contract 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 any in jury described in paragraphs A. or B. above. Pags 12of32 CHUBB" Bodily Injured/Property Damage Exclusions Employer's Liability (continued) Expected Or Intended Injury Loss In Progress Mobile Equipment Transportation Liability Insurance Form 80-02-2000 (Rev. 4-01) General Liability This exclusion does not apply to the liability for damages assumed by the insured in an insured contract. This insurance does not apply to bodily injury or property damage arising out of an act that: is intended by the insured; or would be expected from the standpoint of a reasonable person in the circumstances of the insured; to cause bodily injury or property damage, even if the actual bodily injury or property damage is of a different degree or type than intended or expected. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or tangible property. This insurance does not apply to bodily injury or property damage that is a change, continuation or resumption of any bodily injury or property damage known by you , prior to the beginning of the policy period, to have occurred. Bodily injury or property damage will be deemed to be known by you : A. if such injury or damage is known by, or should have been known from the standpoint of a reasonable person in the circumstances of: 1. you; 2. any of your directors , managers, members , officers (or their designees) or partners (whether or not an employee); and B. when any per son described in paragraph A. above: 1. reports all, or any part, of any such injury or damage to us or any other insurer; 2. receives a claim or a demand for damages because of any such injury or damage; or 3. becomes aware that any such injury or damage has occurred or has begun to occur. This insurance does not apply to bodily injury or property damage ari sing out of the transportation of mobile equipment by an auto owned or operated by or loaned or rented to any insured . Contract Pags 13 of32 Advertising Injury/Personal Injury Exclusions Breach Of Contract Continuing Offenses Contracts Crime Or Fraud Expected Or Intended Injury Failure To Conform To Representations Or Warranties Internet Activities Liability Insurance Form 80-02-2000 (Rsv. 4-01) This insurance does not apply to advertising injury or personal injury arising out of breach of contract This insurance does not apply to advertising injury or personal injury that arises out of that part of an offense that continues or resumes after the later of the end of the policy period of: A. this insurance; or B. a subsequent, continuous renewal or replacement of this insurance, that: 1. is issued to you by us or by an affiliate of ours; 2. remains in force while the offense continues; and 3. would otherwise apply to advertising injury and personal injury. This insurance does not apply to advertising injury or personal injury for which the insured is obligated to pay damages by reason of assumption of liability in a contract or agreement. This exclusion does not apply to the liability for damages: that such insured would have in the absence of such contract or agreement; or assumed in a written contract or agreement that is an insured contract, provided the advertising injury or personal injury, to which this insurance applies, is caused by an offense first committed after the execution of such contract or agreement. This insurance does not apply to advertising injury or personal injury arising out of any criminal or fraudulent conduct committed by or with the consent or knowledge of the insured. This insurance does not apply to advertising injury or personal injury arising out of an offense, committed by or on behalf of the insured, that: is intended by such insured; or would be expected from the standpoint of a reasonable person in the circumstances of such insured; to cause injury. This insurance does not apply to advertising injury or personal injury arising out of the failure of goods, products or services to conform with any electronic, oral, written or other representation or warranty of durability, fitness, performance, quality or use . This insurance does not apply to advertising injury or personal injury arising out of: controlling, creating, designing or developing of another's Internet site; Contract Pags 14 of32 CHUBB. Advertising Injury/Personal Injury Exclusions Internet Activities (continued) Media Type Businesses Prior Offenses Publications With Knowledge Of Falsity Wrong Description Of Prices Medical Expenses Exclusions Athletic Activities Injury To Insureds Liability Insurance Form 80-02-2000 (Rev. 4-01) General Liability controlling, creating, designing , developing, determining or providing the content or material of another's Internet site ; controlling, facilitating or providing, or failing to control, facilitate or provide, access to the Internet or another's Internet site ; or publication of content or material on or from the Internet, other than material developed by you or at your direction . This insurance does not apply to advertising injury or personal injury arising out of an offense committed by or on behalf of an insured whose business is advertising, broadcasting, cablecasting, publishing, telecasting or telemarketing . This exclusion does not apply to personal injury caused by an offense described in subparagraphs A., B . or C. of the definition of personal injury. This insurance does not apply to advertising injury or personal injury arising out of any offense first committed before the beginning of the policy period. This insurance does not apply to advertising injury or personal injury arising out of any electronic, oral, written or other publication of content or material by or with the consent of the insured: with knowledge of its falsity; or if a reasonable person in the circumstances of such insured would have known such content or material to be false. This insurance does not apply to advertising injury or personal injury arising out of any wrong description of the price of goods, products or services. This insurance does not apply to medical expenses arising out of bodily injury to any person injured while taking part in athletics. This insurance does not apply to medical expenses arising out of a bodily injury to any insured, except a volunteer worker. Contract Page 15 of32 Medical Expenses Exclusions (continued) Nuclear Energy Products-Completed Operations Hazard Workers' Compensation Or Similar Laws Policy Exclusions Asbestos Employment-Related Practices Liability lnsuranC9 Form 80-02-2000 (Rev. 4-01) This insurance does not apply to medical expenses arising out of bodily injury in any way related to the : nuclear hazardous properties of nuclear material; and operation of a nuclear facility by any person or organization. This insurance does not apply to medical expenses arising out of bodily injury included in the products-completed operations hazard. This insurance does not apply to medical expenses arising out of bodily injury to any person, whether or not an employee of any insured, if benefits for such bodily injury are payable or must be provided under any workers' compensation, disability benefits or unemployment compensation law or any similar law. A. This insurance does not apply to bodily injury, property damage, advertising injury or personal injury arising out of the actual, alleged or threatened contaminative, pathogenic, toxic or other hazardous properties of asbestos. B. This insurance does not apply to any loss. cost or expense arising out of any: 1. 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; or 2. claim or proceeding by or on behalf of a governmental authority or others 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 asbestos. A. This insurance does not apply to any damages 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: 1. arrest, detention or imprisonment; 2. breach of any express or implied covenant; 3 . coercion, criticism, humiliation, prosecution or retaliation; 4. defamation or disparagement; 5. demotion, discipline, evaluation or reassignment; 6. discrimination, harassment or segregation; Contract Page 16of32 CHUBB. Policy Exclusions Employment-Related Practices (continued) General Liability 7. a. eviction; or b. invasion or other violation of any right of occupancy ; 8. failure or refusal to advance, compensate, employ or promote; 9. invasion or other violation of any right of privacy or publicity ; 10. termination of employment; or 11. other employment-related act, omission, policy, practice, representation or relationship in connection with any insured at any time. B. This insurance does not apply to any damages sustained at any time by the brother, child, parent, sister or spouse of such person at whom any employment-related act, omission, policy, practice or representation is directed, as described in paragraph A. above, as a consequence thereof. 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 any of the foregoing. Enhancement, This insurance does not apply to any loss, cost or expense incurred by you or others for any: Maintenance Or Prevention Ex A. enhancement or maintenance of any property; or penses Intellectual Property Laws Or Rights Liability Insurance Form 80-02-2000 (Rev. 4-01) B. prevention of any injury or damage to any: 1. person or organization; or 2. property you own, rent or occupy. This insurance does not apply to any actual or alleged bodily injury, property damage, advertising injury or personal injury arising out of, giving rise to or in any way related to any actual or alleged: assertion; or infringement or violation ; by any person or organization (including any insured) of any intellectual property law or right, regardless of whether this insurance would otherwise apply to all or part of any such actual or alleged injury or damage in the absence of any such actual or alleged assertion, infringement or violation. This exclusion applies, unless such injury: Contract is caused by an offense described in the definition of advertising injury; and does not arise out of, give rise to or in any way relate to any actual or alleged assertion, infringement or violation of any intellectual property law or right, other than one described in the definition of advertising injury. Page 17of32 Policy Exclusions (continued) Nuclear Energy Pollution Liability Insurance Form 80-02-2000 (Rav. 4-01) A. This insurance does not apply to bodily injury, nuclear property damage, advertising injury or personal injury: 1. with respect to which any insured under this policy also has status as an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would have had status as an insured under any such policy but for its termination upon exhaustion of its limit of insurance; or 2. arising out of the nuclear hazardous properties of nuclear material and with respect to which: a. any person or organization is required to maintain financial protection pursuant to the United States of America 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. This insurance does not apply to bodily injury, nuclear property damage, advertising injury or personal injury arising out of the nuclear hazardous properties of nuclear material: 1. if the nuclear material: a. is at any nuclear facility owned by , or operated by or on behalf of, any insured; b. has been discharged or dispersed therefrom; or c. is contained in nuclear spent fuel or nuclear waste at any time transported, handled, stored, disposed of, processed, treated, possessed or used by or on behalf of any insured ; or 2. in any way related to the furnishing by any 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 (including its possessions or territories) or Canada, this subparagraph 2. applies only to nuclear property damage to such nuclear facility and any property thereat. A. This insurance does not apply to bodily injury, property damage, advertising injury or personal injury arising out of the actual, alleged or threatened discharge, dispersal, seepage , migration, release or escape of pollutants: Contract 1. at or from any premises, site or location which is or was at any time owned or occupied by , or loaned or rented to, any insured; 2. at or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; Paga 1Bof32 CHUBB. Policy Exclusions Pollution (continued) Liability Insurance Form 80-02-2000 (Rev. 4-01) General Liability 3. which are or were at any time transported, handled, stored, disposed of, processed or treated as waste by or for any: a. insured; or b. person or organization for whom any insured may be legally responsible; or 4. at or from any premises, site or location on which any insured or any contractor or subcontractor working directly or indirectly on any insured's behalf is performing operations, if the: a. pollutants are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor; or b. operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants. Subparagraph A.4.a. above does not apply to bodily injury or property damage caused by the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts, if such operating fluids escape directly from that particular part of such mobile equipment designed by its manufacturer to hold, store or receive them. But, this exception does not apply if such bodily injury or property damage arises out of any discharge, dispersal, seepage, migration, release or escape of pollutants, that: was intended by the insured; would have been expected from the standpoint of a reasonable person in the circumstances of the insured; was a necessary part of operations performed by any insured, contractor or subcontractor; or occurred during the process of fueling the mobile equipment or changing or replenishing any operating fluid. Subparagraph A.4.a. above does not apply to bodily injury or property damage if sustained within a building and caused by the release of gaseous irritants or contaminants from materials brought into that building, in connection with the operations being performed by you or on your behalf by the contractor or subcontractor. Subparagraph A. l. above does not apply to bodily injury if sustained within a building and caused by the escape of gaseous irritants or contaminants from equipment used to heat that building. Subparagraphs A.1. and A.4 .a. above do not apply to bodily injury or property damage caused by heat, smoke or fumes from a hostile fire. B. This insurance does not apply to any loss, cost or expense arising out of any: Contract 1. 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 pollutants; or Page 19 of32 Policy Exclusions Pollution (continued) Recall Of Products, Work Or Impaired Property Workers ' Compensation Or Similar Laws Conditions Arbitration Bankruptcy Liability Insurance Form 80-02-2000 {Rev. 4-01) 2. claim or proceeding by or on behalf of a governmental authority or others 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. Paragraph B. above does not apply to the liability for damages, for property damage, that the insured would have in the absence of such request, demand, order or regulatory or statutory requirement, or such claim or proceeding by or on behalf of a governmental authority. This exclusion does not apply to the liability for damages, for property damage, to premises while rented to you or temporarily occupied by you with permission of the owner and caused by a hostile fire, explosion, smoke or leakage from fire protective equipment. This exclusion applies regardless of whether or not the pollution was accidental, expected, gradual, intended, preventable or sudden. This insurance does not apply to any 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: your product; your work; or impaired property; if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. This insurance does not apply to any obligation of the insured under any workers' compensation, disability benefits or unemployment compensation law or any similar law. We are entitled to exercise all of the insured's rights in the choice of arbitrators and in the conduct of any arbitration proceeding, except when the proceeding is between us and the insured. Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this insurance. Contract Page20of32 Conditions (continued) Disclosures And Representations Duties In The Event Of Occurrence, Offense, Claim Or Suit Liability Insurance Form 80-02-2000 (Rav. 4-01) General Liability We have issued this insurance: based upon representations you made to us; and in reliance upon your representations. Unintentional failure of an employee of the insured to disclose a hazard or other material information will not violate this condition, unless an officer (whether or not an employee) of any insured or an officer 's designee knows about such hazard or other material information. A. You must see to it that we and any other insurers are notified as soon as practicable of any occurrence or offense that may result in a clai.m. if the claim may involve us or such other insurers. To the extent possible, notice should include: 1. how , when and where the occurrence or offense happened; 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; 2. notify us and other insurers as soon as practicable; and 3. 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 and other insurers in the: a. investigation or settlement of the claim; or b. 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 becau se of loss to which this insurance may also apply. D. No insureds will, except at that insured's own cost, make any payment, assume any obligation or incur any expense, other than for first aid, without our consent. E. Notice given by or on behalf of: Contract 1. the insured; 2. the injured person; or 3. any other claimant; to a licensed agent of ours with particu lars sufficient to identify the insured shall be deemed notice to us. Paga21 of32 Conditions Duties In The Event Of Occurrence, Offense, Claim Or Suit (continued) Legal Action Against Us Other Insurance Liability Insurance Fonn 80-02-2000 (Rev. 4-01) F. Knowledge of an occurrence or offense by an agent or employee of the insured will not constitute knowledge by the insured, unless an officer (whether or not an employee) of any insured or an officer's designee knows about such occurrence or offense. G. Failure of an agent or employee of the insured, other than an officer (whether or not an employee) of any insured or an officer's designee, to notify us of an occurrence or offense that such person knows about will not affect the insurance afforded to you . H. 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 claim or loss. No person or organization has a right under this insurance to : join us as a party or otherwise bring us into a suit seeking damages from an insured; or sue us on this insurance unless all of the terms and conditions of this insurance have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual: trial in a civil proceeding; or arbitration or other alternative dispute resolution proceeding; but we will not be liable for damages that are not payable under the terms and conditions of this insurance or that are in excess of the applicable Limits Of Insurance . If other valid and collectible insurance is available to the insured for loss we would otherwise cover under this insurance, our obligations are limited as follows. Primary Insurance This insurance is primary except when the Excess Insurance provision described 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 the Method of Sharing provision described below . Excess Insurance This insurance is excess over any other insurance, whether primary, excess, contingent or on any other basis: A. that is Fire, Extended Coverage , Builder's Risk, Installation Risk or similar insurance 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; C. if the loss arises out of aircraft, autos or watercraft (to the extent not subject to the Aircraft, Autos Or Watercraft exclusion); Contract Pags22of32 CHUB BG Conditions Other Insurance (continued) Premium Audit Separation Of Insureds Liability Insurance Form 80-02-2000 (Rev. 4-01) General Liability D. that is insurance: 1. provided to you by any person or organization working under contract or agreement for you; or 2. under which you are included as an insured; or E. that is insurance under any Property section of this policy. 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 such insured against such 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. When this insurance is excess over other insurance, we will pay only our share of the amount of loss, if any, that exceeds the sum of the total: amount that all other insurance would pay for loss in the absence of this insurance; and of all deductible and self-ins ured amounts under all other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not negotiated specifically to apply in excess of the Limits Of Insurance shown in the Declarations of this insurance. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this method each insurer contributes equal amounts until it has paid its applicable limits 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 limits of insurance to the total applicable limits of insurance of all insurers. We will compute all premiums for this insurance in accordance with our rules and rates . In accordance with the Estimated Premiums section of the Premium Summary, premiums shown with an asterisk(*) are estimated premiums and are subject to audit. In addition to or in lieu of such designation in the Premium Summary, premiums may be designated as estimated premiums elsewhere in this policy. In that case, these premiums will also be subject to audit, and the second paragraph of the Estimated Premiums section of the Premium Summary will apply. Except with respect to the Limits Of Insurance, and any rights or duties specifically assigned in this insurance to the first named insured, this insurance applies: as if each named insured were the only named insured; and separately to each insured against whom claim is made or suit is brought. Contract Pags23 of32 Conditions (continued) Transfer Or Waiver Of Rights Of Recovery Against Others Liability Insurance Fonn 80-02-2000 (Rev. 4-01) We will waive the right 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 insurance 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 condition does not apply to medical expenses. Contract Pags24 of32 Definitions Advertisement Advertising Injury Agreed Settlement Asbestos Auto Bodily Injury Employee Hostile Fire Liability lnsurancs Form 80-02-2000 (Rev. 4-01) General Liability WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT, WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HA VE THE SPECIAL MEANINGS DESCRIBED BELOW: Advertisement means an electronic, oral, written or other notice, about goods, products or services, designed for the specific purpose of attracting the general public or a specific market segment to use such goods, products or services. Advertisement does not include any e-mail address, Internet domain name or other electronic address or metalanguage. Advertising injury means injury, other than bodily injury, property damage or personal injury, sustained by a person or organization and caused by an offense of infringing, in that particular part of your advertisement about your goods, products or services, upon their: copyrighted advertisement; or registered collective mark, registered service mark or other registered trademarked name, slogan, symbol or title. Agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative . Asbestos means asbestos in any form, including its presence or use in any alloy, by-product or other material or waste. Waste includes material to be recycled, reconditioned or reclaimed. Auto means a land motor vehicle, trailer or semi-trailer designed for travel on public roads, including any attached machinery or equipment. But auto does not include mobile equipment. Bodily injury means physical: injury; sickness; or 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 that caused it. Employee includes a leased worker. Employee does not include a temporary worker. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Contract Page25 of32 Definitions (continued) Impaired Property Insured Insured Contract Liability Insurance Fonn 80-02-2000 (Rsv. 4-01) WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT, WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HA VE THE SPECIAL MEANINGS DESCRIBED BELOW: Impaired property means tangible property, other than your product or your work, that cannot be used or is less useful because: it incorporates your product or your work that is known or thought to be defective, deficient, inadequate or dangerous; or you have failed to fulfill the terms or conditions of a contract or agreement; if such property can be restored to use by: the repair, replacement, adjustment or removal of your product or your work; or your fulfilling the terms or conditions of the contract or agreement. Insured means a person or an organization qualifying as an insured in the Who Is An Insured section of this contract. Insured contract: A. means: 1. a lease of premises; 2. a sidetrack agreement; 3. an easement or license agreement; 4. an obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; 5. an elevator maintenance agreement; or 6. any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for such municipality) in which you assume the tort liability of another person or organization to pay damages, to which this insurance applies, sustained by a third person or organization. B. does not include that part of any contract or agreement that indemnifies an architect, engineer or surveyor for damages arising out of: Contract 1. preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, field orders, change orders, designs or specifications; or 2. giving directions or instructions, or failing to give them. Pags26of32 Definitions (continued) Intellectual Property Law Or Right Leased Worker Loading Or Unloading Medical Expenses Mobile Equipment Liability Insurance Form 80-02-2000 (Rev. 4--01) General Liability WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT, WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HA VE THE SPECIAL MEANINGS DESCRIBED BELOW: Intellectual property law or right means any: certification mark, copyright, patent or trademark (including collective or service marks); right to, or judicial or statutory law recognizing an interest in, any trade secret or confidential or proprietary non-perso nal information; 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; or other judicial or statutory law concerning piracy, unfair competition or other similar practices . Leased worker means a person leased to a party by a labor leasing firm, in a contract or agreement between such party and the labor leasing firm, to perform duties related to the conduct of the party's business. Leased worker does not include a temporary worker. Loading or unloading: A. means the handling of property: 1. after it is moved from the place where it is accepted for movement into or onto an aircraft, auto or watercraft; 2. while it is in or on an aircraft, auto or watercraft; or 3. while it is being moved from an aircraft, auto or watercraft to the place where it is finally delivered. B. 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, auto or watercraft. Medical expenses means reasonable expenses for necessary: first aid administered at the time of an accident; medical, surgical, x-ray and dental services, including prosthetic devices; and ambulance, ho sp ital, professional nursing and funeral services. 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 premises owned by or rented to you; C. vehicles that travel on crawler treads; Contract Page27of32 Definitions Mobile Equipment (continued) Nuclear Facility Liability Insurance Form 80-02-2000 (Rev. 4--01) WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT, WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HA VE THE SPECIAL MEANINGS DESCRIBED BELOW: D. vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: 1. power cranes, shovels, loaders, diggers or drills; or 2. road construction or resurfacing equipment such as graders, scrapers or rollers; E . vehicles not described in subparagraphs 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; and F . vehicles not described in subparagraphs A., B ., C. or D. above maintained primarily for purposes other than the transportation of persons or cargo. Mobile equipment does not include self-propelled vehicles with the following types of permanently attached equipment, and such vehicles 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. Nuclear facility means any: A. nuclear reactor; B. equipment or device designed or used for: 1. separating the isotopes of plutonium or uranium; 2 . processing or utilizing nuclear spent fuel; or 3. handling, processing or packaging nuclear waste; C. equipment or device used for the processing, fabricating or alloying of 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: 1. twenty-five (25) grams of plutonium or uranium 233, or any combination thereof; or 2. two-hundred-fifty (250) grams of uranium 235; or Contract Pags28of32 Definitions Nuclear Facility (continued) Nuclear Hazardous Properties Nuclear Material Nuclear Property Damage Nuclear Reactor Nuclear Spent Fuel Nuclear Waste Occurrence Officer Liability Insurance Form 80-02-2000 (Rsv. 4-01) General Liability WHEN USED WITH RESPECT TO INSURANCE UNDER IBIS CONTRACT, WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HA VE IBE SPECIAL MEANINGS DESCRIBED BELOW: D. structure, basin, excavation, premises or place prepared or used for the storage or disposal of nuclear waste; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. Nuclear hazardous properties includes radioactive, toxic or explosive properties. Nuclear material means by-product material, source material or special nuclear material. By-product material, source material and special nuclear material have the meanings given them in the United States of America Atomic Energy Act of 1954 or in any law amendatory thereof. Nuclear property damage includes all forms of radioactive contamination of property. 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 . Nuclear spent fuel means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor. Nuclear waste means any waste material: containing nuclear 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 resulting from the operation by any person or organization of any nuclear facility described in subparagraphs A. or B. of the definition of nuclear facility. Occurrence means an accident, including continuous or repeated expo sure to substantially the same general harmful conditions . Officer means a person holding any of the officer positions created by an organization 's charter, constitution, by-laws or any other similar governing document. Contract Pags29 of32 Definitions (continued) Personal Injury Pollutants Products-Completed Operations Hazard Liability Insurance Form 80-02-2000 (Rev. 4-01) WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT, WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HA VE THE SPECIAL MEANINGS DESCRIBED BELOW: Personal injury means injury, other than bodily injury, property damage or advertising injury, caused by an offense of: A. false arrest, false detention or other false imprisonment; B. malicious prosecution; C. wrongful entry into, wrongful eviction of a person from or other violation of a person 's right of private occupancy of a dwelling, premises or room that such person occupies, if committed by or on behalf of its landlord, lessor or owner; D. electronic, oral, written or other publication of material that: 1. libels or slanders a person or organization (which does not include disparagement of goods, products, property or services); or 2. violates a person 's right of privacy; or E. discrimination, harassment or segregation based on a person's age, color, national origin, race, religion or sex. 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. Products-completed operations hazard: A. includes all bodily injury and property damage taking place away from premises owned or occupied by or loaned or rented to you 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. Your work will be deemed completed when: all of the work called for in your contract or agreement has been completed. all of the work to be performed at the site has been completed, if your contract or agreement calls for work at more than one site. that part of the work completed at a site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. B. does not include bodily injury or property damage arising out of: Contract 1. the transportation of property , unless the injury or damage results from a condition in or on a vehicle not owned or operated by or loaned or rented to you and that condition was created by the loading or unloading of that vehicle by any insured; Page 30of32 CH LI ss· Definitions Products-Completed Operations Hazard (continued) Property Damage Suit Temporary Worker Your Product Liability lnsurancs Form 80-02-2000 (Rev. 4-01) General Liability WHEN USED WITH RESPECT TO JNSURANCE UNDER THIS CONTRACT, WORDS AND PHRASES THAT APPEAR JN BOLD PRJNT HA VE THE SPECIAL MEANJNGS DESCRIBED BELOW: 2. 3. the existence of tools, uninstalled equipment or abandoned or unused materials; or products or operations for which the classification in our rules indicates that such products or operations are not subject to the Products-Completed Operations Aggregate Limit of insurance . Property damage means: physical injury to tangible property, including resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical in jury that caused it; or 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. Tangible property does not include any software, data or other information that is in electronic form. Suit means a civil proceeding in which damages, to which this insurance applies, are sought. Suit includes an arbitration or other dispute resolution proceeding in which such damages are sought and to which the insured must submit or does submit with our consent. Temporary worker means a person who is furnished to a party to substitute for a permanent employee on leave or to meet seasonal or short-term workload conditions. Your product: A. means any : 1. goods or products, other than real property , manufactured, sold, handled, distributed or disposed of by: a. you ; b. others trading under your name; or c. a person or organization whose assets or business you have acquired; and 2. containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. B. includes: 1. representations or warranties made at any time with respect to the durability, fitness, performance, quality or use of your product; and 2. the providing of or failure to provide instructions or warnings. C. does not include vending machines or other property loaned or rented to or located for the use of others but not sold . Contract Page 31 of32 Definitions (continued) Your Work Liability Insurance Fonn 80-02-2000 {Rsv. 4-01) WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT, WORDS AND PHRASES THAT APPEAR JN BOLD PRINT HA VE THE SPECIAL MEANINGS DESCRIBED BELOW: Your work: A. means any: 1. work or operations performed by: a. you or on your behalf; or b. a person or organization whose assets or business you have acquired; and 2. materials, parts or equipment furnished in connection with such work or operations . B. includes: Contract 1. representations or warranties made at any time with respect to the durability, fitness, performance, quality or use of your work; and 2. the providing of or failure to provide instructions or warnings. Pags 32of32 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY we oo 0313 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy . We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us .) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule . Schedule ANY PERSON OR ORGAN I ZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER . This endorsement changes the policy to which it is attach ed and is effective on the date issued unl ess oth erw ise stated . (The information below is requ ired only when this endorsement is issued subsequent to preparation of the pol icy .) Endorsement Effe ctive 05-1 3 -19 Policy No . CA 10003013191 In sured VAVRINEK TRINE DAY & CO LLP Insurance Company EVEREST NATIONAL INSURANCE COMPANY we oo 0313 (Ed . 4-84) O 1963 Nationa l Council on Compensation In s urance. Countersigned By INSURED COPY Endorsement No . Premium $ INCL. CHUBB. Policy Conditions Endorsement Policy Period MAY 13, 2019 TO MAY 13, 2020 Effective Date MAY 13, 2019 Policy Number 3602-93-24 WCE Insured VA VRINEK, TRINE, DAY AND COMPANY, LLP Name of Company FEDERAL INSURANCE COMPANY Date Issued FEBRUARY 15, 2019 This Endorsement applies to the following forms: COMMON POLICY CONDIDONS Conditions Cancellation Policy Conditions Form 80-02-9717 (Rev. 9-15) The following changes are made as respects exposures in the state of California Under Conditions, the provisions titled Cancellation and When We Do Not Renew are deleted and replaced by the following: The first named insured may cancel this policy or any of its individual coverages at any time by sending us a written request or by returning the policy and stating when thereafter cancellation is to take effect. A. All Policies In Effect For 60 Days or Less If this policy has been in effect for less than 60 days and is not a renewal of a policy we have issued, we may cancel this policy or any of its individual coverages 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 and effective date of cancellation at least 1. 20 days before the effective date of cancellation if we cancel for : a. nonpayment of premium; or b. discovery of fraud by: (1) any insured or his or her representative in obtaining this insurance; or California Mandatory -Cancellation And Nonrenewa/ continued Endorsement Page 1 Conditions Cancellation (continued) Policy Conditions Form 80-02-9717 (Rev. 9-15) (2) you or your representative in pursuing a claim under this policy . 2. 60 days before the effective date of cancellation if we cancel for any other reason. B. All Policies In Effect For More Than 60 Days 1. 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 or any of its individual coverages only upon the occurrence, after the effective date of the policy, of one or more of the following: a. Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks . b. Discovery of fraud or material misrepresentation by: (1) any insured or his or her representative in obtaining this insurance; or (2) you or your representative in pursing a claim under this policy. c. 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. d. 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 e. 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. f. A determination by the Commissioner of Insurance that the : (1) loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or (2) continuation of the policy coverage would place us in violation of California law or the laws of the state where we are domiciled or threaten our solvency . g. 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 . 2. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation and effective date of cancellation to the first named insured at the mailing address shown on the policy and to the producer of record at least a. 20 days before the effective date of cancellation if we cancel for a reason listed in B.1.a. orb. above; or b. 60 days before the effective date of cancellation if we cancel for any other reason listed in paragraph B.1. California Mandatory -cancellation And Nonrenewal continued Endorsement Page2 CHUBB" Conditions Cancellation (continued) Non renewal Policy Conditions Form 80-02-9717 (Rev. 9-15) Policy Conditions Endorsement Effective Date MAY 13, 2019 Policy Number 3602-93-24 WCE C. Residential Property This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a residential unit, if such coverage is written under this policy: 1. If such coverage has been in effect for 60 days or less, and is not a renewal of coverage we issued, we may cancel this coverage for any reason, except as provided in 2. and 3. below. 2. We may not cancel such coverage solely because the first named insured has : a. accepted an offer of earthquake coverage ; or b. cancelled or did not renew a policy issued by the California Earthquake Authority (CEA) that included an earthquake policy premium surcharge . However, we shall cancel this policy if the first named insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. 3. We may not cancel such coverage solely because corrosive soil conditions exist on the premises . This restriction (3.) applies only if the coverage provided under this policy excludes loss or damage caused by or resulting from corrosive soil conditions. If notice of cancellation is mailed, proof of mailing will be sufficient proof of notice . If this policy is cancelled, we will send the named Insured any premium refund due , as soon as practicable. The refund, if any, will be on a pro rata basis. However, the refund may be less than pro rata if we have made a loan to you for the purpose of payment of premium for this policy. The cancellation will be effective even if we have not made or offered a refund. A. Subject to the provisions of paragraphs B. and C. below, if we elect not to renew this policy , we will mail or deliver written notice stating th e reason for nonrenewal to the first named insured and to the producer of record, at least 60 days, but not more than 120 days, before the expiration or anniversary date. We will mail or deliver our notice to the first named insured and to the producer of record, at the mailing address shown in the policy. California Mandatory -Cance/fation And Nonrenewal continued Endorsement Page3 Conditions Non renewal (continued) Policy Conditions Form 80-02-9717 (Rev. 9-15) B. This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a residential unit, if such coverage is written under this policy: 1. We may elect not to renew such coverage for any reason, except as provided in 2. through 4. below. 2. We will not refuse to renew such coverage solely because the first named insured has accepted an offer of earthquake coverage. However, the following applies only to insurers who are associate participating insurers as established by Cal. Ins. Code Section 10089.16. We may elect not to renew such coverage after the first named insured has accepted an offer of earthquake coverage, if one or more of the following reasons applies: a. 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; b. the Commissioner of Insurance finds that the exposure to potentional 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 c. we have: (1) lost or experienced a substantial reduction in the availability or scope of reinsurance coverage; or (2) 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. 3. We will not refuse to renew such coverage solely because the first named insured has cancelled or did not renew a policy, issued by the California Earthquake Authority that included an earthquake policy premium surcharge. 4. We will not refuse to renew such coverage solely because corrosive soil conditions exist on the premises. This restriction (4.) applies only if the coverage provided under this policy excludes loss or damage caused by or resulting from corrosive soil conditions. C. We are not required to send notice of nonrenewal in the following situations: 1. 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. 2. If the policy has been extended for 90 days or less, provided that notice has been given in accordance with paragraph A. California Mandatory-Cancellation And Nonrenewal continued Endorsement Page4 CHUBB. Conditions No n ren ewal (continue d) Designated Third Party Policy Conditions Form 80-02-9717 (Rs v. 9-15) Policy Conditions Endorsement Effective Da te MAY 13, 2019 Po licy Nu mber 3602-93-24 WCE 3 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 . 4 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. 5. If the first named insured req uests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. 6. If we have made a written offer to the first named insured, in accordance with the timeframes shown in paragraph A., to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25 %. This provision applies to a policy insuring individually owned residential structures of not more than four dwelling units , individually owned condominium units, or individually owned mobile homes, and their contents, located in this state and used exclusively for residential purposes or a tenant's policy insuring personal contents of a residential unit located in this state . If you have designated a person to receive notice of lapse, termination, expiration, nonrenewal, or cancellation of your policy for nonpayment of premium. we will mail or deliver to the designated person advance written notice of at least 10 days before the effective date of such lapse, termination, expiration, nonrenewal, or cancellation of your policy for nonpayment of premium. No benefit under this policy is provided to such designated person, other than the right to receive the aforementioned notice. All other terms and conditions remain unchanged. A uthorized Rsprsssntativs California Manda to ry -Cancslla tion And N onrsnswa/ /astpags En dorss ms nt Pags5