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Insurance Certificates 2020/21 Deckard Technologies IncANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 11/12/2020 License # 0B29370 11000 Deckard Technologies 2223 Avenida De La Playa Ste 206 La Jolla, CA 92037 37540 A 1,000,000 72SBABD5477 8/19/2020 8/19/2021 1,000,000 10,000 1,000,000 2,000,000 2,000,000 Non Owned Auto 1,000,000 1,000,000A 72SBABD5477 8/19/2020 8/19/2021 10,000 1,000,000 B E&O WG0001412AB 7/23/2020 Limit 2,000,000 B Cyber Liability WG0001412AB 7/23/2020 7/23/2021 General Aggregate 2,000,000 Certificate Holder is included as an Additional Insured but only as respects to claims arising out of the negligence of the Named Insured. Business Manager's Office City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 DECKTEC-01 GM914015 Edgewood Partners Insurance Center21650 Oxnard St., Suite 2350Woodland Hills, CA 91367 Yvette Akeh Yvette.Akeh@epicbrokers.com Sentinel Insurance Company, Ltd. Beazley Insurance Company, Inc 7/23/2021 X X X X X ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 12/2/2020 22985 Deckard Technologies, Inc. 2223 Avenida De La Playa Ste 206 La Jolla, CA 92037 A X QWC1112647 7/17/2020 7/17/2021 1,000,000 1,000,000 1,000,000 Waiver of Subrogation is granted in favor of the certificate holder with regards to the workers compensation policy. City of La Quinta 2223 Avenida De La Playa Ste 206 La Jolla, CA 92037 DECKTEC-01 YKELLY AP Intego Insurance Group, LLC 1601 Trapelo Rd Suite 280 Waltham, MA 02451 support@apintego.com Sequoia Insurance Company X WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the California workers' compensation premium otherwise due on such remuneration. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) Schedule Person or Organization Job Description City of La Quinta Specific waiver per written contract. 2223 Avenida De La Playa Ste 206 La Jolla CA 92037 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 11/25/2020 Policy No.QWC1112647 Endorsement No.1 Insured Deckard Technologies, Inc.Premium $1,193 Insurance Company Sequoia Insurance Company Countersigned by WC 04 03 06 (Ed. 04-84) Form G-4159-0 ©2019,The Hartford Page 1 of 1 Form SS 83 13 01 97 DECKARD TECHNOLOGIES 1620 5TH AVE STE 400 SAN DIEGO CA 92101 72 SBA BD5477 08/19/20 08/19/20 (866)467-8730 EDGEWOOD PARTNERS INS AGENCY/PHS Form 100722 11th Rev.Printed in U.S.A. Insurance Policy Billing Information Thank you for selecting The Hartford for your business insurance needs. Shortly,you will receive your first bill from us.You are receiving this Notice so you know what to expect as a valued customer of The Hartford.Should you have any questions after reviewing this information,please contact us at 866-467-8730,and we will be happy to assist you. o Your total policy premium will appear on your policy’s Declarations Page.You will be billed based on the payment plan you selected. o You may pay the "minimum due"as it appears on your insurance bill or pay the policy balance in full. o An installment service fee is added to each installment.A late fee will also be applied if the "minimum due"is not received by the due date shown on your bill.Service and late payment fees do not apply in all states. o If you selected installment billing,any credit or additional premium due as the result of a change made to your policy,will be spread over the remaining billing installments.Additional premium due as a result of an audit will be billed in full on your next bill date following the completion of the audit. o If you elected Electronic Funds Transfer (EFT),policy changes may result in changes to the amount automatically withdrawn from your bank account.The invoice you receive following a policy change will include future withdrawal amounts.If you need to adjust or stop your next scheduled EFT withdrawal,please contact us at least 3 days prior to the scheduled withdrawal date at the telephone number shown below. o If you selected installment billing and pay the premiums for your first policy term on time,at renewal,your account may qualify for our "Equal Installment"feature.This means that the percentage due for each installment,including the initial renewal installment,will be the same throughout the policy term –helping you better manage cash flow. Equal installments will continue as long as you pay your premiums on time and no cancellation notices are is sued for any policy on your account.If you no longer qualify for Equal Installments,future renewals will be billed based on the payment plan you selected,which includes a higher initial installment amount. o If your policy is eligible for renewal,your bill for the upcoming policy term will be sent to you approximately 30 days prior to your policy’s renewal date.If your insurance needs change,please contact us at least 60 days prior to your renewal date so we can properly address any adjustments needed. o One bill convenience --you have the option of combining all eligible Hartford policies on one single bill allowing you to make one payment for all policies on your account as payments are due. You’re In Control In addition to selecting a bill plan option that best meets your budget,you have the flexibility to decide how your payments are made … o Repetitive EFT:Sign up for Repetitive EFT payments and have payments automatically withdrawn from your bank account.This option saves you money by reducing the amount of the installment service fee. o Pay Online:Register at www.thehartford.com/servicecenter.Online Bill Pay is Quick,Easy and Secure! o Pay by Check:Send a check with your remittance stub in the envelope provided with your bill. o Pay by Phone:Call toll-free 1-866-467-8730. Should you have any questions about your bill,please call Customer Service toll-free number: 1-866-467-8730 -7AM –7PM CST.We look forward to being of service to you. Form SS 89 93 07 16 Page 1 of 1 ©2016,The Hartford Form SS 00 01 03 14 Page 1 of 1 Form G-3418-0 PRODUCER COMPENSATION NOTICE You can review and obtain information on The Hartford’s producer compensation practices at www.TheHartford.com or at 1-800-592-5717. Form SS 38 96 10 09 Page 1 of 1 ©2009,The Hartford 72 SBA BD5477 $21.00 POLICY NUMBER: THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. Form SS 83 76 01 15 Page 1 of 2 ©2015 ,The Hartford (Includes copyrighted material of the Insurance Services Office,Inc.,with its permission.) Form SS 83 76 01 15 Page 2 of 2 D.Cap On Insurer Liability for Terrorism Losses If aggregate industry insured losses attributable to "certified acts of terrorism"under TRIA exceed $100 billion in a calendar year and we have met,or will meet,our insurer deductible under TRIA,we shall not be liable for the payment of any portion of the amount of such losses that exceed $100 billion.In such case,yo ur coverage for terrorism losses may be reduced on a pro-rata basis in accordance with procedures established by the Treasury,based on its estimates of aggregate industry losses and our estimate that we will exceed our insurer deductible. In accordance with the Treasury's procedures, amounts paid for losses may be subject to further adjustments based on differences between actual losses and estimates. E.Application of Other Exclusions The terms and limitations of any terrorism exclusion, the inapplicability or omission of a terrorism exclusion,or the inclusion of terrorism coverage,do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Form,Coverage Part or Policy. F.All other terms and conditions remain the same. Form SS 33 35 06 11 Page 1 of 2 ©2011,The Hartford Form SS 33 35 06 11 Page 2 of 2 ©2011,The Hartford We have amended the definition of "your web site",to state that "your web site"or set of interconnected web pages prepared and maintained by you,or by others on your behalf,for the purpose of promoting your goods,products or services,that is accessible over the internet. SS 50 94 06 11 –Personal and Advertising Injury Exclusion –Copyright Material When this endorsement is attached to your policy,it reinforces that the Personal And Advertising Injury provision p.(7)(a)that was amended on this form supersedes any provision to the contrary. SS 41 63 06 11 –Amendment –Definition of Insured Contract When this endorsement is attached to your policy,it removes "provided the "bodily injury"or property damage"is caused,in whole or in part by you or by those acting on your behalf"from the definition of an Insured Contract.This aligns the definition of an Insured Contract with ISO to protect the insured in an indemnitee agreement that requires them to indemnify and hold harmless another party from that party’s own liability. UMBRELLA POLICY PROVISIONS If this coverage form is part of your Hartford policy,this notice applies to you.Please read it carefully. SX 24 33 06 10 –Amendment Of Coverage –Personal And Advertising Injury When this endorsement is attached to your policy,coverage is changed as follows: In order to elaborate on the intent of the current exclusion for Infringement Of Intellectual Property Rights,that exclusion has been revised to state that there is no coverage under personal and advertising injury for any injury or damage alleged in any claim or suit that also alleges an infringement or violation of any intellectual property right. The scope of the Discrimination exclusion has been expanded to include sole proprietors ("your direction")and any other owner,manager or trustee who may direct such discrimination.This may be considered a reduction in coverage. Under the definition of "personal and advertis ing injury",coverage for wrongful eviction now applies to wrongfully-evicted persons or organizations.This change results in a broadening of coverage. Finally,if form SS 40 26 is part of your underlying insurance,we have amended the definition of "your web site",to state that "your web site"means a web page or set of interconnected web pages prepared and maintained by you,or by others on your behalf,for the purpose of promoting your business or promoting your goods,products or services,that is accessible over an internet. Should you have any questions,please contact your insurance agent,broker or representative. Form SS 89 54 09 15 Page 1 of 1 ©2015,The Hartford Form SS 90 03 03 17 Page 1 of 1 ©2017,The Hartford Form SS 90 04 03 17 Page 1 of 1 ©2017,The Hartford Form SS 90 05 03 17 Page 1 of 1 ©2017,The Hartford Form SS 90 30 06 18 Page 1 of 1 ©2018,The Hartford EXCL -CARE,CUSTODY OR CONTROL OF PERSONAL PROP SX 21 04 Form G-3061 (Ed.01 97) EXCL -CARE,CUSTODY OR CONTROL OF REAL PROP SX 21 05 Form G-3061 (Ed.01 97) Form PC-374-0 Printed in U.S.A. IMPORTANT NOTICE TO POLICYHOLDERS To help your insurance keep pace with increasing costs,we have increased your amount of insurance ...giving you better protection in case of either a partial,or total loss to your property. If you feel the new amount is not the proper one,please contact your agent or broker. Form SS 89 64 12 15 Page 1 of 1 ©2015,The Hartford 001 (CONTINUED ON NEXT PAGE) 09/04/20 08/19/21 77 54 BD SBA SENTINEL INSURANCE COMPANY,LIMITED ONE HARTFORD PLAZA,HARTFORD,CT 06155 A 72 SBA BD5477 DX DECKARD TECHNOLOGIES 1620 5TH AVE STE 400 SAN DIEGO CA 92101 08/19/20 08/19/21 1 YEAR EDGEWOOD PARTNERS INS AGENCY/PHS 254781 72 SBM BB9875 CORPORATION ANNUAL SPECIAL $1,092 09/04/20 Form SS 00 02 12 06 Page Process Date:Policy Expiration Date: This Spectrum Policy consists of the Declarations,Coverage Forms,Common Policy Conditions and any other Forms and Endorsements issued to be a part of the Policy.This insurance is provided by the stock insurance company of The Hartford Insurance Group shown below. INSURER: COMPANY CODE: Policy Number: SPECTRUM POLICY DECLARATIONS Named Insured and Mailing Address: (No.,Street,Town,State,Zip Code) Policy Period:From To 12:01 a.m.,Standard time at your mailing address shown above.Exception:12 noon in New Hampshire. Name of Agent/Broker: Code: Previous Policy Number: Named Insured is: Audit Period: Type of Property Coverage: Insurance Provided:In return for the payment of the premium and subject to all of the terms of this policy,we agree with you to provide insurance as stated in this policy. ____________________________________________________________________________________________________________________ TOTAL ANNUAL PREMIUM IS: ______________________________________________________________________________________________ Countersigned by 002 (CONTINUED ON NEXT PAGE) 09/04/20 08/19/21 72 SBA BD5477 001 001 1620 5TH AVE STE 400 SAN DIEGO CA 92101 Software,Internet,Application &Web Design $1,000 PER OCCURRENCE NO COVERAGE $20,000 NO COVERAGE MONEY AND SECURITIES INSIDE THE PREMISES OUTSIDE THE PREMISES $10,000 $5,000 Form SS 00 02 12 06 Page Process Date:Policy Expiration Date: SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: Location(s),Building(s),Business of Named Insured and Schedule of Coverages for Premises as designated by Number below. Location:Building: Description of Business: Deductible: BUILDING AND BUSINESS PERSONAL PROPERTY LIMITS OF INSURANCE BUILDING BUSINESS PERSONAL PROPERTY REPLACEMENT COST PERSONAL PROPERTY OF OTHERS REPLACEMENT COST 003 (CONTINUED ON NEXT PAGE) 09/04/20 08/19/21 72 SBA BD5477 001 001 TECHNOLOGY STRETCH FORM SS 40 12 THIS FORM INCLUDES MANY ADDITIONAL COVERAGES AND EXTENSIONS OF COVERAGES.A SUMMARY OF THE COVERAGE LIMITS IS ATTACHED. LIMITED FUNGI,BACTERIA OR VIRUS COVERAGE: FORM SS 40 93 THIS IS THE MAXIMUM AMOUNT OF INSURANCE FOR THIS COVERAGE, SUBJECT TO ALL PROPERTY LIMITS FOUND ELSEWHERE ON THIS DECLARATION. INCLUDING BUSINESS INCOME AND EXTRA EXPENSE COVERAGE FOR: $50,000 30 DAYS Form SS 00 02 12 06 Page Process Date:Policy Expiration Date: SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: Location(s),Building(s),Business of Named Insured and Schedule of Coverages for Premises as designated by Number below. Location:Building: PROPERTY OPTIONAL COVERAGES APPLICABLE LIMITS OF INSURANCE TO THIS LOCATION 004 (CONTINUED ON NEXT PAGE) 09/04/20 08/19/21 72 SBA BD5477 002 001 550 W B ST FL 4 SAN DIEGO CA 92101 Software,Internet,Application &Web Design NO COVERAGE NO COVERAGE NO COVERAGE NO COVERAGE MONEY AND SECURITIES INSIDE THE PREMISES OUTSIDE THE PREMISES NO COVERAGE NO COVERAGE Form SS 00 02 12 06 Page Process Date:Policy Expiration Date: SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: Location(s),Building(s),Business of Named Insured and Schedule of Coverages for Premises as designated by Number below. Location:Building: Description of Business: Deductible: BUILDING AND BUSINESS PERSONAL PROPERTY LIMITS OF INSURANCE BUILDING BUSINESS PERSONAL PROPERTY REPLACEMENT COST PERSONAL PROPERTY OF OTHERS REPLACEMENT COST 005 (CONTINUED ON NEXT PAGE) 09/04/20 08/19/21 72 SBA BD5477 BUSINESS INCOME AND EXTRA EXPENSE COVERAGE COVERAGE INCLUDES THE FOLLOWING COVERAGE EXTENSIONS: ACTION OF CIVIL AUTHORITY: EXTENDED BUSINESS INCOME: EQUIPMENT BREAKDOWN COVERAGE COVERAGE FOR DIRECT PHYSICAL LOSS DUE TO: MECHANICAL BREAKDOWN, ARTIFICIALLY GENERATED CURRENT AND STEAM EXPLOSION THIS ADDITIONAL COVERAGE INCLUDES THE FOLLOWING EXTENSIONS HAZARDOUS SUBSTANCES EXPEDITING EXPENSES MECHANICAL BREAKDOWN COVERAGE ONLY APPLIES WHEN BUILDING OR BUSINESS PERSONAL PROPERTY IS SELECTED ON THE POLICY IDENTITY RECOVERY COVERAGE FORM SS 41 12 12 MONTHS ACTUAL LOSS SUSTAINED 30 DAYS 30 CONSECUTIVE DAYS $50,000 $50,000 $15,000 Form SS 00 02 12 06 Page Process Date:Policy Expiration Date: SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: PROPERTY OPTIONAL COVERAGES APPLICABLE LIMITS OF INSURANCE TO ALL LOCATIONS 006 (CONTINUED ON NEXT PAGE) 09/04/20 08/19/21 72 SBA BD5477 $1,000,000 $10,000 $1,000,000 $1,000,000 $2,000,000 $2,000,000 BUSINESS LIABILITY OPTIONAL COVERAGES HIRED/NON-OWNED AUTO LIABILITY UMBRELLA LIABILITY -SEE SCHEDULE ATTACHED $1,000,000 Form SS 00 02 12 06 Page Process Date:Policy Expiration Date: SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: BUSINESS LIABILITY LIMITS OF INSURANCE LIABILITY AND MEDICAL EXPENSES MEDICAL EXPENSES -ANY ONE PERSON PERSONAL AND ADVERTISING INJURY DAMAGES TO PREMISES RENTED TO YOU ANY ONE PREMISES AGGREGATE LIMITS PRODUCTS-COMPLETED OPERATIONS GENERAL AGGREGATE 007 (CONTINUED ON NEXT PAGE) 09/04/20 08/19/21 72 SBA BD5477 TECHNOLOGY SERVICES EXTENSION FORM SS 40 59 UNMANNED AIRCRAFT LIABILITY IS EXCLUDED SEE FORM:SS 42 06 Form SS 00 02 12 06 Page Process Date:Policy Expiration Date: SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: BUSINESS LIABILITY OPTIONAL COVERAGES LIMITS OF INSURANCE (Continued) 008 (CONTINUED ON NEXT PAGE) 09/04/20 08/19/21 72 SBA BD5477 LOCATION 001 BUILDING 001 TYPE PERSON ORGANIZATION NAME SEE FORM IH 12 00 Form SS 00 02 12 06 Page Process Date:Policy Expiration Date: SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: ADDITIONAL INSUREDS:THE FOLLOWING ARE ADDITIONAL INSUREDS FOR BUSINESS LIABILITY COVERAGE IN THIS POLICY. 009 09/04/20 08/19/21 72 SBA BD5477 SS 00 01 03 14 SS 00 05 10 08 SS 00 07 07 05 SS 00 08 04 05 SS 00 38 04 04 SS 00 45 12 06 SS 00 60 09 15 SS 00 61 07 19 SS 00 64 09 16 SS 84 24 09 07 SS 01 21 02 20 SS 42 06 03 17 SS 04 19 04 09 SS 04 22 07 05 SS 04 30 07 05 SS 04 38 09 09 SS 04 39 07 05 SS 04 41 03 18 SS 04 42 03 17 SS 04 44 07 05 SS 04 45 07 05 SS 04 46 09 14 SS 04 47 04 09 SS 04 80 03 00 SS 04 86 03 00 SS 40 12 09 07 SS 40 18 07 05 SS 40 59 03 16 SS 40 93 07 05 SS 41 12 12 17 SS 41 51 10 09 SS 41 63 06 11 IH 10 01 09 86 SS 05 18 07 92 SS 05 47 09 15 SS 50 50 12 01 SS 51 11 03 17 SS 50 19 01 15 SS 00 46 09 19 IH 99 40 04 09 IH 99 41 04 09 SX 80 01 06 97 SS 83 76 01 15 SS 89 93 07 16 IH 12 00 11 85 ADDITIONAL INSURED -PERSON-ORGANIZATION Form SS 00 02 12 06 Page Process Date:Policy Expiration Date: SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: Form Numbers of Forms and Endorsements that apply: 09/04/20 08/19/21 72 SBA BD5477 7.00 5.00 Form SS 00 45 12 06 Process Date:Policy Expiration Date: SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: SUPPLEMENTAL DECLARATIONS: A service fee of $is charged for each installment when your premium is paid in installments.The service fee is $per withdrawal when you select an elec tronic fund transfer payment plan.The service fee will be added to the premium amount shown on your premium billing statement. 001 (CONTINUED ON NEXT PAGE) 09/04/20 08/19/21 72 SBA BD5477 LOC/BLDG NO:001/001 TERR:113 LOCATION:1620 5TH AVE STE 400 SAN DIEGO CA 92101 CLASSIFICATION CODE NUMBER 11171 DESCRIPTION: Software,Internet,Application &Web Design COVERAGE DESCRIPTION:PREMISES/OPERATIONS COVERAGE REFER TO:BUSINESS LIABILITY COVERAGE PART FORM SS 00 08 RATING BASIS:SALES PER 1000 EXPOSURE:50,000 FINAL RATE:0.160 ADVANCE PREMIUM:$8.00 COVERAGE DESCRIPTION:PRODUCTS/COMPLETED OPERATIONS COVERAGE REFER TO:BUSINESS LIABILITY COVERAGE PART FORM SS 00 08 RATING BASIS:SALES PER 1000 EXPOSURE:50,000 FINAL RATE:0.080 ADVANCE PREMIUM:$4.00 COVERAGE DESCRIPTION:BUSINESS INCOME &EXTRA EXPENSE -ACTUAL LOSS SUSTAINED REFER TO:SPECIAL PROPERTY COVERAGE PART FORM SS 00 07 RATING BASIS:SALES PER 1000 EXPOSURE:50,000 FINAL RATE:0.540 ADVANCE PREMIUM:$27.00 Form SS 00 38 04 04T Page Process Date:Policy Expiration Date: Spectrum Supplemental Schedule of Auditable Coverages This schedule reflects only those locations that have classes and/or coverages that are subject to audit. Policy Number: Entries herein,except as specifically provided elsewhere in this policy,do not modify any of the other provisions of this policy. 002 (CONTINUED ON NEXT PAGE) 09/04/20 08/19/21 72 SBA BD5477 COVERAGE DESCRIPTION:TECHNOLOGY SERVICES EXTENSION REFER TO:TECHNOLOGY SERVICES EXTENSION FORM SS 40 59 RATING BASIS:PERCENTAGE OF BUSINESS LIABILITY PREMIUM EXPOSURE:12 FINAL RATE:0.02 ADVANCE PREMIUM:$1.00 --------------------------------------------------------------------------- LOC/BLDG NO:002/001 TERR:113 LOCATION:550 W B ST FL 4 SAN DIEGO CA 92101 CLASSIFICATION CODE NUMBER 11171 DESCRIPTION: Software,Internet,Application &Web Design COVERAGE DESCRIPTION:PREMISES/OPERATIONS COVERAGE REFER TO:BUSINESS LIABILITY COVERAGE PART FORM SS 00 08 RATING BASIS:SALES PER 1000 EXPOSURE:1 FINAL RATE:0.000 ADVANCE PREMIUM:$1.00 COVERAGE DESCRIPTION:PRODUCTS/COMPLETED OPERATIONS COVERAGE REFER TO:BUSINESS LIABILITY COVERAGE PART FORM SS 00 08 RATING BASIS:SALES PER 1000 EXPOSURE:1 FINAL RATE:0.000 ADVANCE PREMIUM:$1.00 COVERAGE DESCRIPTION:TECHNOLOGY SERVICES EXTENSION REFER TO:TECHNOLOGY SERVICES EXTENSION FORM SS 40 59 Form SS 00 38 04 04T Page Process Date:Policy Expiration Date: Spectrum Supplemental Schedule of Auditable Coverages (Continued) Policy Number: 003 09/04/20 08/19/21 72 SBA BD5477 RATING BASIS:PERCENTAGE OF BUSINESS LIABILITY PREMIUM EXPOSURE:2 FINAL RATE:0.02 ADVANCE PREMIUM:$1.00 --------------------------------------------------------------------------- TOTAL ADVANCE PREMIUM $43.00 DOES NOT INCLUDE TERRORISM OR FOR AUDITABLE COVERAGES ANY APPLICABLE STATE SURCHARGES OR FEES OR MINIMUM PREMIUMS --------------------------------------------------------------------------- Form SS 00 38 04 04T Page Process Date:Policy Expiration Date: Spectrum Supplemental Schedule of Auditable Coverages (Continued) Policy Number: Form SS 84 24 09 07 Page 1 of 2 ©2007,The Hartford Page 2 of 2 Form SS 84 24 09 07 The following changes apply only if Business Income and Extra Expense are covered under this policy.The Limits of Insurance for the following Business Income and Extra Expense Coverages are in addition to any other Limit of Insurance provided under this policy: Coverage Limit Business Income Extension for Off-Premises Utility Services $25,000 Business Income Extension for Web Sites $50,000/7 days Business Income from Dependent Properties $25,000 Expediting Expenses $10,000 The following Limit of Insurance for the following Business Income Coverage is a replacement of the Limit of Insurance provided under the Standard Property Coverage Form or the Special Property Coverage Form,whichever applies to the policy: Coverage Limit Extended Business Income 60 Days The following changes apply to Loss Payment Conditions: Coverage Limit Valuation Changes Commodity Stock Included "Finished Stock"Included Mercantile Stock -Sold Included Form SS 00 05 10 08 ©2008,The Hartford COMMON POLICY CONDITIONS Form SS 00 05 10 08 QUICK REFERENCE -SPECTRUM POLICY DECLARATIONS and COMMON POLICY CONDITIONS I.DECLARATIONS Named Insured and Mailing Address Policy Period Description and Business Location Coverages and Limits of Insurance II.COMMON POLICY CONDITIONS Beginning on Page A.Cancellation 1 B.Changes 1 C.Concealment,Misrepresentation Or Fraud 2 D.Examination Of Your Books And Records 2 E.Inspections And Surveys 2 F.Insurance Under Two Or More Coverages 2 G.Liberalization 2 H.Other Insurance -Property Coverage 2 I.Premiums 2 J.Transfer Of Rights Of Recovery Against Others To Us 2 K.Transfer Of Your Rights And Duties Under This Policy 3 L.Premium Audit 3 Form SS 00 05 10 08 Page 1 of 3 ©2008,The Hartford (Includes copyrighted material of Insurance Services Office,Inc.with its permission) COMMON POLICY CONDITIONS Page 2 of 3 Form SS 00 05 10 08 C.Concealment,Misrepresentation Or Fraud This policy is void in any case of fraud by you as it relates to this policy at any time.It is also void if you or any other insured,at any time,intentionally conceal or misrepresent a material fact concerning: 1.This policy; 2.The Covered Property; 3.Your interest in the Covered Property;or 4.A claim under this policy. D.Examination Of Your Books And Records We may examine and audit your books and records as they relate to the policy at any time during the policy period and up to three years afterward. E.Inspections And Surveys 1.We have the right but are not obligated to: a.Make inspections and surveys at any time; b.Give you reports on the conditions we find; and c.Recommend changes. 2.Any inspections,surveys,reports or recommendations will relate only to insurability and the premiums to be charged.We do not make safety inspections.We do not undertake to perform the duty of any person or organization to provide for the health or safety of any person.W e do not represent or warrant that conditions: a.Are safe or healthful;or b.Comply with laws,regulations,codes or standards. 3.This condition applies not only to us,but also to any rating,advisory,rate service or similar organization which makes insurance inspections,surveys,reports or recommendations on our behalf. F.Insurance Under Two Or More Coverages If two or more of this policy's coverages apply to the same loss or damage,we will not pay more than the actual amount of the loss or damage. G.Liberalization If we adopt any revision that would broaden the coverage under this policy without additional premium within 45 days prior to,or at any time during,the policy period,the broadened coverage will immediately apply to this policy. H.Other Insurance -Property Coverage If there is other insurance covering the same loss or damage,we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance,whether you can collect on it or not.But we will not pay more than the applicable Limit of Insurance. I.Premiums 1.The first Named Insured shown in the Declarations: a.Is responsible for the payment of all premiums;and b.Will be the payee for any return premiums we pay. 2.The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued.If applicable,on each renewal,continuation or anniversary of the effective date of this policy,we will compute the premium in accordance with our rates and rules then in effect. 3.With our consent,you may continue this policy in force by paying a continuation premium for each successive one-year period.The premium must be: a.Paid to us prior to the anniversary date;and b.Determined in accordance with Paragraph 2.above. Our forms then in effect will apply.If you do not pay the continuation premium,this policy will expire on the first anniversary date that we have not received the premium. 4.Changes in exposures or changes in your business operation,acquisition or use of locations that are not shown in the Declarations may occur during the policy period.If so,we may require an additional premium.That premium will be determined in accordance with our rates and rules then in effect. J.Transfer Of Rights Of Recovery Against Others To Us Applicable to Property Coverage: If any person or organization to or for whom we make payment under this policy has rights to recover damages from another,those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them.But you may waive your rights against another party in writing: 1.Prior to a loss to your Covered Property;or 2.After a loss to your Covered Property only if,at time of loss,that party is one of the following: COMMON POLICY CONDITIONS Form SS 00 05 10 08 Page 3 of 3 a.Someone insured by this insurance; b.A business firm: (1)Owned or controlled by you;or (2)That owns or controls you;or c.Your tenant. You may also accept the usual bills of lading or shipping receipts lim iting the liability of carriers. This will not restrict your insurance. K.Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die,your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative.Until your legal representative is appointed,anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. L.Premium Audit a.We will compute all premiums for this policy in accordance with our rules and rates. b.The premium amount shown in the Declarations is a deposit premium only.At the close of each audit period we will compute the earned premium for that period.Any additional premium found to be due as a result of the audit are due and payable on notice to the first Named Insured.If the deposit premium paid for the policy term is greater than the earned premium,we will return the excess to the first Named Insured. c.The first Named Insured must maintain all records related to the coverage provided by this policy and necessary to finalize the premium audit,and send us copies of the same upon our request. Our President and Secretary have signed this policy.Where required by law,the Declarations page has also been countersigned by our duly authorized representative. Form SS 00 07 07 05 ©2005,The Hartford SPECIAL PROPERTY COVERAGE FORM Form SS 00 07 07 05 QUICK REFERENCE SPECIAL PROPERTY COVERAGE FORM READ YOUR POLICY CAREFULLY SPECIAL PROPERTY COVERAGE FORM Beginning on Page A.COVERAGES 1 Covered Property 1 Property Not Covered 1 Covered Causes of Loss 2 Limitations 2 Additional Coverages 3 Coverage Extensions 13 B.EXCLUSIONS 16 C.LIMITS OF INSURANCE 18 D.DEDUCTIBLES 19 E.PROPERTY LOSS CONDITIONS 19 Abandonment 20 Appraisal 20 Duties in the Event of Loss or Damage 20 Legal Action Against Us 20 Loss Payment 20 Recovered Property 22 Resumption of Operations 22 Vacancy 22 F.PROPERTY GENERAL CONDITIONS 23 Control of Property 23 Mortgage Holders 23 No Benefit to Bailee 24 Policy Period,Coverage Territory 24 G.PROPERTY DEFINITIONS 24 Form SS 00 07 07 05 Page 1 of 25 SPECIAL PROPERTY COVERAGE FORM Various provisions in this policy restrict coverage.Read the entire policy carefully to determine rights,duties,and what is and is not covered. Throughout this policy the words "you"and "your"refer to the Named Insured shown in the Declarations.The words "we,""us"and "our"refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning.Refer to the SECTION G - PROPERTY DEFINITIONS. A.COVERAGE We will pay for direct physical loss of or physical damage to Covered Property at the premises described in the Declarations (also called "scheduled premises"in this policy)caused by or resulting from a Covered Cause of Loss. 1.Covered Property Covered Property as used in this policy,means the following types of property for which a Limit of Insurance is shown in the Declarations: a.Buildings,meaning only building(s)and structure(s)described in the Declarations, including: (1)Completed additions; (2)Permanently installed: (a)Fixtures; (b)Machinery;and (c)Equipment; (3)Outdoor fixtures; (4)Your personal property in apartments, rooms or common areas furnished by you as landlord; (5)Building Glass,meaning glass that is part of a building or structure; (6)Personal property owned by you that is used to maintain or service the buildings or structures on the premises,including: (a)Fire extinguishing equipment; (b)Outdoor furniture; (c)Floor coverings;and (d)Appliances used for refrigerating, ventilating,cooking,dishwashing or laundering;and (7)If not covered by other insurance: (a)Additions under construction, alterations and repairs to the buildings or structures; (b)Materials,equipment,supplies and temporary structures,on or within 1,000 feet of the "scheduled premises",used for making additions,alterations or repairs to the buildings or structures. b.Business Personal Property located in or on the building(s)described in the Declarations at the "scheduled premises" or in the open (or in a vehicle)within 1,000 feet of the "scheduled premises",including: (1)Property you own that is used in your business; (2)Tools and equipment owned by your employees,which are used in your business operations; (3)Property of others that is in your care, custody or control; (4)“Tenant Improvements and Betterments”;and (5)Leased personal property for which you have contractual responsibility to insure,unless otherwise provided for under Personal Property of Others. 2.Property Not Covered Covered Property does not include: a.Aircraft,automobiles,motor trucks and other vehicles subject to motor vehicle registration; b.Automobiles held for sale; c."Money”,bullion,numismatic and philatelic property and bank notes or "securities" except as provided in any Additional Coverages or Optional Coverages.Lottery tickets held for sale and postage stamps in current use and having face value are not "securities". d.Contraband,or property in the course of illegal transportation or trade; SPECIAL PROPERTY COVERAGE FORM Page 2 of 25 Form SS 00 07 07 05 e.Land (including land on which the property is located),water,growing crops or lawns; f.Outdoor fences,radio or television antennas (including satellite dishes),including their lead in wiring,masts or towers,signs (other than signs attached to buildings),trees, shrubs or plants (other then those held for sale or sold but not delivered),except as any of these may be provided in the: (1)Outdoor Property Coverage Extension; or (2)Outdoor Signs Optional Coverage; g.Watercraft (including motors,equipment and accessories)while afloat; h.The cost to research,replace or restore the information on "valuable papers and records",except as may be provided in any Coverage Extensions or Optional Coverages. i."Data"and "software"which exists on electronic "media"including the cost to research,replace or restore them,except as may be provided for in any Additional Coverages or Optional Coverages. j.Accounts,bills,food stamps,other evidences of debt,accounts receivable or "valuable papers and records";except as otherwise provided for in this policy. 3.Covered Causes of Loss RISKS OF DIRECT PHYSICAL LOSS unless the loss is: a.Excluded in Section B.,EXCLUSIONS;or b.Limited in Paragraph A.4.Limitations;that follow. 4.Limitations a.We will not pay for direct loss of or damage to: (1)Property that is missing,where the only evidence of the direct physical loss or physical damage is a shortage disclosed on taking inventory,or other instances where there is no physical evidence to show what happened to the property.This limitation does not apply to the Additional Coverage for "Money"and "Securities". (2)Property that has been transferred to a person or to a place outside the "scheduled premises"on the basis of unauthorized instructions. (3)The interior of any building or structure caused by or resulting from rain,snow, sleet,ice,sand or dust,whether driven by wind or not,unless: (a)The building or structure first sustains physical damage by a Covered Cause of Loss to its roof or walls through which the rain, snow,sleet,ice,sand or dust enters;or (b)The direct physical loss or physical damage is caused by or results from thawing of snow,sleet,or ice on the building or structure. b.Pets and animals are covered only if: (1)They are inside the building;and (2)They are owned by others and boarded by you,or owned by you and held for sale or sold but not delivered. And then we will pay only if they are killed, stolen,or their destruction is made necessary by a "specified cause of loss". c.For direct physical loss or physical damage by “theft”,the following types of property are covered only up to the limits shown: (1)$2,500 for furs,fur garments and garments trimmed with fur; (2)$5,000 for jewelry,watches,watch movements,jewels,pearls,precious and semi-precious stones,bullion, gold,silver,platinum and other precious alloys or metals.This limit does not apply to jewelry and watches worth $500 or less per item; (3)$2,500 for patterns,dies,molds and forms;and (4)$500 for stamps,lottery tickets held for sale and letters of credit. d.Unless specifically provided under a separate endorsement and with a specific Limit of Insurance indicated in the Declarations,we will not pay for direct physical loss of or physical damage to "perishable stock" caused by or resulting from: (1)A change in temperature or humidity resulting from: (a)Mechanical breakdown or failure of: (i)Stationary heating plants;or (ii)Refrigerating,cooling,or humidity control apparatus or equipment; (b)Artificially generated electric current,including electric arcing, that disturbs electrical devices, appliances or wires;or (c)Complete or partial failure of electric power on your "scheduled premises". (2)Contamination by refrigerant. SPECIAL PROPERTY COVERAGE FORM Form SS 00 07 07 05 Page 3 of 25 5.Additional Coverages a.Collapse (1)With respect to Buildings: (a)Collapse means an abrupt falling down or caving in of a building or any part of a building with the result that the building cannot be occupied for its intended purpose; (b)A building or any part of a building that is in danger of falling down or caving in is not considered to be in a state of collapse; (c)A part of a building that is standing is not considered to be in a state of collapse even if it has separated from another part of the building; (d)A building that is standing or any part of a building that is standing is not considered to be in a state of collapse even if it shows evidence of cracking,bulging,sagging, bending,leaning,settling, shrinkage,or expansion. (2)We will pay for direct physical loss or physical damage caused by or resulting from risks of collapse of a building or any part of a building that is insured by this policy caused only by one or more of the following: (a)"Specified cause of loss"or breakage of building glass,if such loss or breakage was covered by this policy; (b)Decay that is hidden from view, unless the presence of such decay was known to an insured prior to collapse; (c)Insect or vermin damage that is hidden from view,unless the presence of such damage is known to an insured prior to collapse; (d)Weight of people or personal property; (e)Weight of rain that collects on a roof;and (f)Use of defective material or methods in construction,remodeling or renovation if the collapse occurs during the course of the construction,remodeling or renovation. The criteria set forth in Paragraphs (1)(a)through (1)(d)do not limit the coverage otherwise provided under this Additional Coverage for the Causes of Loss listed in Paragraph (2)(a),(2)(d),and (2)(e). (3)If the collapse is caused by a Covered Cause of Loss listed in Paragraphs (2)(b)through (2)(f),we will pay for direct physical loss of or physical damage to the property listed below, but only if such physical loss or physical damage is a direct result of the collapse of a building insured under this policy,and the property is property covered under this policy: (a)Awnings;gutters and downspouts; yard fixtures;outdoor swimming pools;piers,wharves and docks; beach or diving platforms or appurtenances;retaining walls; walks,roadways and other paved surfaces. (4)If personal property abruptly falls down or caves in and such collapse is not the result of collapse of a building,we will pay for loss or damage to Covered Property caused by such collapse of personal property only if (a)The collapse was caused by a cause of loss listed in Paragraphs (2)(a)through (2)(f)of this Additional Coverage; (b)The personal property which collapses is inside a building;and (c)The property which collapses is not of a kind listed in Paragraph (3)above,regardless of whether that kind of property is considered to be personal property or real property. The coverage stated in this Paragraph (4)does not apply to personal property if marring or scratching is the only damage to that personal property caused by the collapse. Collapse of personal property does not mean cracking,bulging,sagging, bending,leaning,settling,shrinkage or expansion. (5)This Additional Coverage,Collapse, will not increase the Limits of Insurance provided in this policy. SPECIAL PROPERTY COVERAGE FORM Page 4 of 25 Form SS 00 07 07 05 b.Debris Removal (1)We will pay your expense to remove debris of Covered Property caused by or resulting from a Covered Cause of Loss that occurs during the policy period.The expenses will be paid only if they are reported to us in writing within 180 days of the earlier of: (a)The date of direct physical loss or physical damage;or (b)The end of the policy period. (2)The most we will pay under this additional Coverage is 25%of the amount we pay for the direct loss of or physical damage to Covered Property plus the deductible in this policy applicable to that physical loss or physical damage. But this limitation does not apply to any additional Debris Removal limit provided in the Limits of Insurance section. (3)This Additional Coverage does not apply to costs to: (a)Extract "pollutants and contaminants"from land;or (b)Remove,restore or replace polluted or contaminated land or water. c.Equipment Breakdown (1)We will pay for direct physical loss or physical damage caused by or resulting from an Equipment Breakdown Accident to Equipment Breakdown Property. Equipment Breakdown Accident means: (a)Mechanical breakdown,including rupture or bursting caused by centrifugal force. (b)Artificially generated electric current,including electric arcing, that disturbs electrical devices, appliances or wires. (c)Explosion of steam boilers,steam piping,steam engines or steam turbines owned or leased by you, or operated under your control. (d)Physical loss or physical damage to steam boilers,steam pipes, steam engines or steam turbines caused by or resulting from any condition or event inside such boilers or equipment. (e)Physical loss or physical damage to hot water boilers or other water heating equipment caused by or resulting from any condition or event inside such boilers or equipment. Equipment Breakdown Property means Covered Property built to operate under vacuum or pressure, other than weight of contents,or used for the generation,transmission or utilization of energy. The following is not Equipment Breakdown Property: (a)Any structure,foundation,cabinet, compartment or air supported structure building; (b)Any insulating or refractory material; (c)Any sewer piping,any underground vessels or piping,any piping forming a part of a sprinkler system,water piping other than boiler feed water piping,boiler condensate return piping,or water piping forming a part of a refrigerating or air conditioning system; (d)Any vehicle or any equipment mounted on a vehicle.As used here,vehicle means any machine or apparatus that is used for transportation or moves under its own power.Vehicle includes,but is not limited to,car,truck,bus, trailer,train,aircraft,watercraft, forklift,bulldozer,tractor or harvester.However,any property that is stationary,permanently installed at a “scheduled premises” and that receives electrical power from an external power source will not be considered a vehicle. (e)Any equipment manufactured by you for sale. (2)Coverage Extensions The following coverage extensions apply only to direct physical loss or physical damage caused by or resulting from an Equipment Breakdown Accident: SPECIAL PROPERTY COVERAGE FORM Form SS 00 07 07 05 Page 5 of 25 (a)Hazardous Substances We will pay in any one occurrence for the additional cost,not to exceed $50,000,to repair or replace Covered Property because of contamination by a hazardous substance.This includes the expenses to clean up or dispose of such property.Hazardous substance means any substance that is hazardous to human health or that has been declared by a government agency to be hazardous to human health. Additional cost in this extension means those beyond what would have been required had no hazardous substance been involved. This limit is part of and not in addition to the Limits of Insurance for Covered Property. (b)Expediting Expenses With respect to your damaged Covered Property,we will pay in any one occurrence,up to $50,000,for the reasonable and necessary additional expenses you incur to: (i)Make temporary repairs;or (ii)Expedite permanent repairs or permanent replacement. (c)Defense If a claim or "suit"is brought against you alleging that you are liable for damage to property of another in your care,custody or control directly caused by Equipment Breakdown we will either: (i)Settle the claim or "suit";or (ii)Defend you against the claim or "suit,"but keep for ourselves the right to settle it at any point. (d)Supplementary Payments We will pay,with respect to any claim or "suit"we defend: (i)All expenses we incur; (ii)The cost of bonds to release attachments,but only for bond amounts within the Limit of Insurance.We do not have to furnish these bonds; (iii)All reasonable expenses incurred by you at our request to assist us in the investigation or defense of the claim or "suit"including actual loss of earnings up to $100 a day because of time off from work; (iv)All costs taxed against you in any "suit"we defend; (v)Prejudgment interest awarded against you on that part of the judgment we pay.If we make an offer to pay the applicable Limit of Insurance,we will not pay any prejudgment interest based on that period of time after the offer;and (vi)All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid,offered to pay,or deposited in court the part of the judgment that is within the Limit of Insurance shown in the Declarations. These payments will not reduce the Limit of Insurance shown in the Declarations. (e)Business Income and Extra Expense Extension The Business Income and Extra Expense Additional Coverages are extended to provide coverage for a tenant who has a loss of income from the lack of heating,cooling or power as a result of equipment breakdown to mechanical, electrical or pressure equipment of the building owner. (f)If Equipment Breakdown Property requires replacement due to an Equipment Breakdown Accident, we will pay your additional cost to replace it with equipment that is better for the environment,safer or more efficient than the equipment being replaced.However,we will not pay more than 125%of what the cost would have been to repair or replace with property of SPECIAL PROPERTY COVERAGE FORM Page 6 of 25 Form SS 00 07 07 05 comparable material and quality. This coverage does not increase any of the applicable limits.This coverage does not apply to any property indicated as being valued on an Actual Cash Value basis. If you wish to retrofit air conditioning or refrigeration equipment that utilizes a refrigerant containing CFC (chlorofluorocarbon)substances to accept a non-CFC refrigerant or replace the system with a system using a non-CFC refrigerant,we will consider this better for the environment.Any associated Business Income or Extra Expense will be included in determining the additional cost,if Business Income and Extra Expense apply to this policy. (3)Additional Condition -Bankruptcy The bankruptcy or insolvency of you or your estate will not relieve us of any obligation under this Additional Coverage. (4)Jurisdictional Inspections: If any boiler or pressure vessel requires inspection to comply with state or municipal boiler and pressure vessel regulations,we agree to perform such inspection on your behalf. d.Fire Department Service Charge When the fire department is called to save or protect Covered Property from a Covered Cause of Loss,we will pay up to $25,000 in any one occurrence for your liability for fire department service charges: (1)Assumed by contract or agreement prior to loss;or (2)Required by local ordinance. e.Fire Extinguisher Recharge We will pay to cover your expenses for recharge of your hand fire extinguishers when they are emptied while fighting fire. f.Forgery (1)We will pay for loss resulting directly from forgery or alteration of any check, draft,promissory note,or similar written promises,orders or directions to pay a sum certain in "money"that you or your agent has issued,or that was issued by someone who impersonates you or your agent.This includes written instruments required in conjunction with any credit, debit,or charge card issued to you or any "employee"for business purposes. (2)If you are sued for refusing to pay any Covered Instrument on the basis that it has been forged or altered,and you have our written consent to defend against the “suit”,we will pay for any reasonable expenses that you incur and pay in that defense. (3)We will pay for loss resulting directly from your having accepted in good faith,in exchange for merchandise, "money"or services: (a)Money orders,including counterfeit money orders,of any United States or Canadian post office,express company or national or state (or Canadian)chartered bank that are not paid upon presentation;and (b)Counterfeit United States or Canadian paper currency. (4)The most we will pay in any one occurrence,including legal expenses, under this Additional Coverage is $5,000, unless a higher Limit of Insurance is shown in the Declarations. g.Glass Expense We will pay for necessary expenses incurred to: (1)Put up temporary plates or board up openings if repair or replacement of damaged glass is delayed; (2)Repair or replace encasing frames; and (3)Remove or replace obstructions when repairing or replacing glass that is part of a building. This does not include removing or replacing window displays. h.Lock and Key Replacement We will pay up to $1,000 in any one occurrence for the re-keying of locks or the repair or replacement of locks at "scheduled premises"following the theft or the attempted theft of keys by burglars. i.Money and Securities (1)We will pay for loss of "money"and "securities"used in your business while SPECIAL PROPERTY COVERAGE FORM Form SS 00 07 07 05 Page 7 of 25 at a bank or savings institution,within your living quarters or the Iiving quarters of your partners or any employee having use and custody of the property,at the "scheduled premises",or in transit between any of these places,resulting directly from: (a)“Theft”; (b)Disappearance;or (c)Destruction. (2)In addition to the Limitations and Exclusions applicable to property coverage,we will not pay for loss: (a)Resulting from accounting or arithmetical errors or omissions; (b)Due to the giving or surrendering of property in any exchange or purchase;or (c)Of property contained in any "money"-operated device unless a continuous recording instrument in the device records the amount of "money"deposited in the “money”- operated device. (3)The most we will pay for loss in any one occurrence is: (a)The limit shown in the Declarations for Inside the Premises for "money"and "securities"while: (i)In or on the "scheduled premises";or (ii)Within a bank or savings institution;and (b)The limit shown in the Declarations for Outside the Premises for "money"and "securities"while anywhere else. (4)All loss: (a)Caused by one or more persons; or (b)Involving a single act or series of related acts; is considered one occurrence. (5)You must keep records of all "money" and "securities"so we can verify the amount of any loss or damage. j.Ordinance or Law (1)If a Covered Cause of Loss occurs to covered Building property,we will pay on a “scheduled premises”any of the following costs that are caused by enforcement of an ordinance or law: Undamaged Part (a)For loss to the undamaged portion of the Building that requires the demolition of parts of the same property not damaged by a Covered Cause of Loss provided that any such ordinance or law resulting in this type of loss: (i)Regulates the construction or repair of buildings,or establishes zoning or land use requirements at the “scheduled premises”;and (ii)Is in force at the time of the loss. The most we will pay in any one occurrence for this coverage is $25,000 as a Limit of Insurance. Demolition Cost (b)The cost to demolish and clear the site of undamaged parts of the property caused by enforcement of a building,zoning or land use ordinance or law. The most we will pay in any one occurrence for this coverage is $25,000 as a Limit of Insurance. Increased Cost of Construction (c)The increased cost to repair, rebuild or reconstruct the covered property,caused by enforcement of a building,zoning or land use ordinance or law. The most we will pay in any one occurrence for this coverage is $25,000 as a Limit of Insurance. “Tenants Improvements and Betterment” (d)The increased cost to repair, rebuild or reconstruct “tenant’s improvements and betterments” caused by enforcement of building, zoning or land use ordinance or law. The most we will pay in any one occurrence for this coverage is $25,000 as a Limit of Insurance. (2)Additional Exclusions We will not pay under this Additional Coverage for: (a)The enforcement of any ordinance or law which requires the demolition,repair,replacement, reconstruction,remodeling or SPECIAL PROPERTY COVERAGE FORM Page 8 of 25 Form SS 00 07 07 05 remediation of property due to contamination by “pollutants and contaminants”or due to the presence,growth,proliferation, spread of any activity of “fungi”, wet or dry rot,bacteria or virus;or (b)The costs associated with the enforcement of any ordinance or law which requires any insured or others to test for,monitor,clean up,remove,contain,treat,detoxify or neutralize,or in any way respond to,or assess the effects of “pollutants or contaminants”, “fungi”,wet or dry rot,bacteria or virus. (c)Loss caused by,resulting from, contributed to or aggravated by earthquake or volcanic eruption. (d)Loss due to an ordinance or law that: (i)You were required to comply with before the loss even if the building was undamaged;and (ii)You failed to comply with. (3)Additional Limitations –Loss to Undamaged Portion of Building Subject to the limit stated in Paragraph A.5.j.(1)(a),the insurance provided under this Additional Coverage for loss in value to the undamaged portion of the building is limited as follows: (a)If Replacement Cost applies and the property is repaired or replaced on the same or another premises,we will not pay more for physical loss of or physical damage to designated Building property,including loss caused by enforcement of an ordinance or law,than: (i)The amount you actually spend to repair,rebuild or reconstruct the Building,but not for more than the amount it would cost to restore the Building on the same premises;and (ii)The amount it would cost to restore the undamaged portion to the same height,floor area, style and comparable quality of the original property insured. (b)If the Building(s)Full Value Endorsement applies and the property is repaired or replaced on the same or another premises,we will not pay more for physical loss of or physical damage to designated Building property,including loss caused by enforcement of an ordinance or law,than: (i)The amount you actually spend to repair,rebuild or reconstruct the Building,but not for more than the amount it would cost to restore the Building on the same premises;and (ii)The amount it would cost to restore the undamaged portion to the same height,floor area, style and comparable quality of the original property insured. (c)If Replacement Cost or the Building(s)Full Value Endorsement applies and the property is not repaired or replaced,or if Actual Cash Value applies,then we will not pay more for physical loss of or physical damage to designated Building property,including loss caused by enforcement of an ordinance or law,than the lesser of: (i)The Actual Cash Value of the Building at the time of loss;or (ii)The Limit of Insurance applicable to the covered Building property stated in Paragraph A.5.j.(1)(a). (4)Additional Limitation –Demolition Cost We will not pay more than the lesser of: (a)The amount actually spent to demolish and clear the site of the “scheduled premises”;or (b)The applicable Demolition Cost Limit of Insurance as stated in Paragraph A.5.j.(1)(b). (5)Additional Limitation –Increased Cost of Construction The insurance provided under this Additional Coverage for increased cost of construction is limited as follows: (a)We will not pay: SPECIAL PROPERTY COVERAGE FORM Form SS 00 07 07 05 Page 9 of 25 (i)Until the property is actually repaired or replaced,at the same or another premises; and (ii)Unless the repairs or replacements are made as soon as reasonably possible after the physical loss or physical damage,not to exceed two years.We may extend this period in writing during the two years. (b)If the Building is repaired or replaced at the same premises,or if you elect to rebuild at another premises,the most we will pay is the lesser of: (i)The increased cost of construction at the same premises;or (ii)The applicable Increased Cost of Construction Limit of Insurance stated in Paragraph A.5.j.(1)(c). (c)If the ordinance or law requires relocation to another premises,the most we will pay is the lesser of: (i)The Increased Cost of Construction at the new premises;or (ii)The applicable Increased Cost of Construction Limit of Insurance stated in Paragraph A.5.j.(1)(c). k.“Pollutants and Contaminants”Clean Up and Removal We will pay your expense to extract "pollutants and contaminants"from land or water at the "scheduled premises"if the discharge,dispersal,seepage,migration, release or escape of the “pollutants and contaminants”is caused by or results from a Covered Cause of Loss that occurs during the policy period.The expenses will be paid only if they are reported to us in writing within 180 days of the earlier of: (1)The date of direct physical loss or physical damage;or (2)The end of the policy period. The most we will pay in any one occurrence for each location under this Additional Coverage is $15,000 for the sum of all such expenses arising out of Covered Causes of Loss. l.Preservation of Property If it is necessary to move Covered Property from the "scheduled premises"to preserve it from direct physical loss or physical damage by a Covered Cause of Loss,we will pay for any direct physical loss of or physical damage to that property: (1)While it is being moved or while temporarily stored at another location; and (2)Only if the direct physical loss or physical damage occurs within 45 days after the property is first moved. m.Theft Damage to Building This Additional Coverage applies only to premises where you are a tenant and are responsible in the lease for physical loss or physical damage to the building you lease, rent,or occupy that is caused by or results from “theft”,burglary or robbery. We will pay for direct physical loss or physical damage directly resulting from “theft”,burglary or robbery (except loss by fire or explosion)to a building: (1)You occupy,including personal property that is used to maintain or service the building;or (2)Containing covered personal property if you are legally liable for such physical loss or physical damage. But we will not pay for such physical loss of or physical damage to property that is away from the "scheduled premises". n.Water Damage,Other Liquid,Powder or Molten Material Damage If direct physical loss or physical damage caused by or resulting from covered water or other liquid,powder or molten material damage loss occurs,we will also pay the cost to tear out and replace any part of the building or structure to repair damage to the system or appliance from which the water or other substance escapes. We will not pay the cost to repair any defect that caused the direct physical loss or physical damage except as provided in paragraph A.5.c.,Equipment Breakdown of this coverage form.But we will pay the cost to repair or replace damaged parts of fire extinguishing equipment if the damage: (1)Results in discharge of any substance from an automatic fire protection system;or SPECIAL PROPERTY COVERAGE FORM Page 10 of 25 Form SS 00 07 07 05 (2)Is directly caused by freezing. o.Business Income (1)We will pay for the actual loss of Business Income you sustain due to the necessary suspension of your "operations"during the "period of restoration".The suspension must be caused by direct physical loss of or physical damage to property at the "scheduled premises",including personal property in the open (or in a vehicle)within 1,000 feet of the “scheduled premises”,caused by or resulting from a Covered Cause of Loss. (2)With respect to the requirements set forth in the preceding paragraph,if you occupy only part of the site at which the “scheduled premises”are located, your “scheduled premises”also means: (a)The portion of the building which you rent,lease or occupy;and (b)Any area within the building or on the site at which the “scheduled premises”are located,but only if that area services,or is used to gain access to,the “scheduled premises”. (3)We will only pay for loss of Business Income that occurs within 12 consecutive months after the date of direct physical loss or physical damage. This Additional Coverage is not subject to the Limits of Insurance. (4)Business Income means the: (a)Net Income (Net Profit or Loss before income taxes)that would have been earned or incurred if no direct physical loss or physical damage had occurred;and (b)Continuing normal operating expenses incurred,including payroll. (5)With respect to the coverage provided in this Additional Coverage, suspension means: (a)The partial slowdown or complete cessation of your business activities;or (b)That part or all of the “scheduled premises”is rendered untentantable as a result of a Covered Cause of Loss if coverage for Business Income applies to the policy. p.Extra Expense (1)We will pay reasonable and necessary Extra Expense you incur during the "period of restoration"that you would not have incurred if there had been no direct physical loss or physical damage to property at the "scheduled premises",including personal property in the open (or in a vehicle)within 1,000 feet,caused by or resulting from a Covered Cause of Loss. (2)With respect to the requirements set forth in the preceding paragraph,if you occupy only part of the site at which the “scheduled premises”are located, your “scheduled premises”also means: (a)The portion of the building which you rent,lease or occupy;and (b)Any area within the building or on the site at which the “scheduled premises”are located,but only if that area services,or is used to gain access to,the “scheduled premises”. (3)Extra Expense means expense incurred: (a)To avoid or minimize the suspension of business and to continue "operations": (i)At the "scheduled premises"; or (ii)At replacement premises or at temporary locations,including: (aa)Relocation expenses;and (bb)Cost to equip and operate the replacement or temporary location,other than those costs necessary to repair or to replace damaged stock and equipment. (b)To minimize the suspension of business if you cannot continue "operations". (c)(i)To repair or replace any property;or SPECIAL PROPERTY COVERAGE FORM Form SS 00 07 07 05 Page 11 of 25 (ii)To research,replace or restore the lost information on damaged "valuable papers and records"; to the extent it reduces the amount of loss that otherwise would have been payable under this Additional Coverage or Additional Coverage o., Business Income. We will only pay for Extra Expense that occurs within 12 consecutive months after the date of direct physical loss or physical damage.This Additional Coverage is not subject to the Limits of Insurance. (4)With respect to the coverage provided in this Additional Coverage, suspension means: (a)The partial slowdown or complete cessation of your business activities;or (b)That part or all of the “scheduled premises”is rendered untentantable as a result of a Covered Cause of Loss if coverage for Extra Expense applies to the policy. (5)Limitation This Extra Expense Coverage does not apply to: (a)Any deficiencies in insuring building or business personal property;or (b)Any expense related to any recall of products you manufacture, handle or distribute. q.Civil Authority (1)This insurance is extended to apply to the actual loss of Business Income you sustain when access to your "scheduled premises"is specifically prohibited by order of a civil authority as the direct result of a Covered Cause of Loss to property in the immediate area of your "scheduled premises". (2)The coverage for Business Income will begin 72 hours after the order of a civil authority and coverage will end at the earlier of: (a)When access is permitted to your "scheduled premises";or (b)30 consecutive days after the order of the civil authority. r.Extended Business Income (1)If the necessary suspension of your "operations"produces a Business Income loss payable under this policy, we will pay for the actual loss of Business Income you incur during the period that: (a)Begins on the date property is actually repaired,rebuilt or replaced and "operations"are resumed;and (b)Ends on the earlier of: (i)The date you could restore your "operations"with reasonable speed,to the condition that would have existed if no direct physical loss or damage occurred;or (ii)30 consecutive days after the date determined in (1)(a) above. Loss of Business Income must be caused by direct physical loss or physical damage at the "scheduled premises"caused by or resulting from a Covered Cause of Loss. (2)With respect to the coverage provided in this Additional Coverage,suspension means: (a)The partial slowdown or complete cessation of your business activities; and (b)That a part or all of the "scheduled premises"is rendered untenantable as a result of a Covered Cause of Loss. s.Business Income from Dependent Properties (1)We will pay for the actual loss of Business Income you sustain due to direct physical loss or physical damage at the premises of a dependent property caused by or resulting from a Covered Cause of Loss. The most we will pay under this Additional Coverage is $5,000 in any one occurrence unless a higher Limit of Insurance is indicated in the Declarations. SPECIAL PROPERTY COVERAGE FORM Page 12 of 25 Form SS 00 07 07 05 (2)We will reduce the amount of your Business Income loss,other than Extra Expense,to the extent you can resume "operations",in whole or in part,by using any other available: (a)Source of materials;or (b)Outlet for your products. (3)If you do not resume "operations",or do not resume "operations"as quickly as possible,we will pay based on the length of time it would have taken to resume "operations"as quickly as possible. (4)Dependent Property means property owned,leased or operated by others whom you depend on to: (a)Deliver materials or services to you or to others for your account. But services do not include: (i)Water,communication,power services or any other utility services;or (ii)Any type of web site,or Internet service. (b)Accept your products or services; (c)Manufacture your products for delivery to your customers under contract for sale;or (d)Attract customers to your business premises. The dependent property must be located in the coverage territory of this policy. (5)The coverage period for Business Income under this Additional Coverage: (a)Begins 72 hours after the time of direct physical loss or physical damage caused by or resulting from a Covered Cause of Loss at the premises of the dependent property;and (b)Ends on the date when the property at the premises of the dependent property should be repaired,rebuilt or replaced with reasonable speed and similar quality. (6)The Business Income coverage period,as stated in Paragraph (5), does not include any increased period required due to the enforcement of any ordinance or law that: (a)Regulates the construction,use or repair,or requires the tearing down of any property;or (b)Requires any insured or others to test for,monitor,clean up,remove, contain,treat,detoxify,or neutralize, or in any way respond to,or assess the effects "pollutants." (7)The definition of Business Income contained in the Business Income Additional Coverage also applies to this Business Income From Dependent Properties Additional Coverage. t.Tenant Glass This Additional Coverage applies only to premises where you are a tenant and are responsible in the lease for such damage. We will cover loss to glass,which is in your care,custody or control and for which the lease holds you responsible.The glass must be part of a building described in the Declarations or at a location that would be included in Coverage Extension b.Newly Acquired or Constructed Property. The most that we will pay in any one occurrence for each location under this Additional Coverage is $25,000. u.Leasehold Improvements If your lease is cancelled in accordance with a valid lease provision as the direct result of a Covered Cause of Loss to property at the location in which you are a tenant,and you cannot legally remove “Tenant Improvements and Betterments”,we will extend Business Personal Property coverage to apply to the unamortized value of “Tenants Improvement and Betterment”that remain and that you were forced to abandon. The most we will pay in any one occurrence for loss under this Additional Coverage is $25,000. v.Lease Assessment Your Business Personal Property is extended to apply to your share of any assessment charged to all tenants by the building owner as a result of direct physical damage caused by or resulting from a Covered Cause of Loss to building property you occupy as agreed to in your written lease agreement. We will pay no more than $2,500 in any one occurrence for this Additional Coverage. SPECIAL PROPERTY COVERAGE FORM Form SS 00 07 07 05 Page 13 of 25 6.Coverage Extensions Except as otherwise provided,the following Extensions apply to property located in or on the building at the "scheduled premises"or in the open (or in a vehicle)within 1,000 feet of the "scheduled premises".All Coverage Extensions are subject to the terms,conditions and exclusions of this policy,except as otherwise provided. In addition to the Limits of Insurance,you may extend the insurance provided by this policy as follows: a.Accounts Receivable (1)You may extend the insurance that applies to your Business Personal Property,to apply to your accounts receivable. We will pay for: (a)All amounts due from your customers that you are unable to collect; (b)Interest charges on any loan required to offset amounts you are unable to collect pending our payment of these amounts; (c)Collection expenses in excess of your normal collection expenses that are made necessary by the physical loss or physical damage; and (d)Other reasonable expenses that you incur to reestablish your records of accounts receivable; that result from direct physical loss of or physical damage to your records of accounts receivable. (2)Paragraph A.3.,Covered Causes of Loss,and Section B.,Exclusions,do not apply to this Additional Coverage except for: (a)Paragraph B.1.b.,Governmental Action; (b)Paragraph B.1.c.,Nuclear Hazard; and (c)Paragraph B.1.e.,War and Military Action. (3)Additional Exclusions (a)Dishonest acts by you,anyone else with an interest in the records of accounts receivable,or your or their employees or authorized representatives,or anyone entrusted with the records of accounts receivable,whether or not acting alone or in collusion with other persons or occurring during the hours of employment. This exclusion does not apply to a carrier for hire. (b)Alteration,falsification,concealment or destruction of records of accounts receivable done to conceal the wrongful giving,taking or withholding of "money,""securities,"or other property. This exclusion applies only to the extent of the wrongful giving, taking or withholding. (c)Bookkeeping,accounting or billing errors or omissions. (d)Electrical or magnetic injury, disturbance or erasure of electronic recordings. But we will pay for direct physical loss or physical damage caused by Lightning. (e)Voluntary parting with any property by you or anyone entrusted with the property if induced to do so by any fraudulent scheme,trick, device or false pretense. (f)Unauthorized instructions to transfer property to any person or to any place. (4)We will not pay for direct physical loss or physical damage that requires any audit of records or any inventory computation to prove its factual existence. (5)The most we will pay in any one occurrence for direct physical loss of or physical damage to your accounts receivable at each “scheduled premises”is $25,000. (6)The most we will pay in any one occurrence for direct physical loss of or physical damage to accounts receivables away from the “scheduled premises”,including while in transit,is $25,000. b.Arson and “Theft”Reward (1)In the event that a covered fire loss was the result of an act of arson,we will reimburse you for rewards you pay for information leading to convictions for that act of arson. SPECIAL PROPERTY COVERAGE FORM Page 14 of 25 Form SS 00 07 07 05 (2)In the event of a covered “theft”loss, we will reimburse you for rewards you pay for information leading to convictions for the “theft”loss. The most we will pay to reimburse you in any one occurrence for arson or “theft” rewards is $10,000. This is additional insurance.The deductible does not apply to these reimbursements. c.Data and Software We will pay up to $10,000 in any one occurrence to cover your costs to research,replace or restore "data"or "software"which exists or existed on electronic or magnetic "media"that is lost or damaged as a result of direct physical loss or physical damage to "computer equipment"at the "scheduled premises". d.Garages,Storage Buildings and Other Appurtenant Structures (1)You may extend the insurance that applies to Building to apply to garages, storage buildings and other appurtenant structures,except outdoor fixtures,at the "scheduled premises". The most we will pay in any one occurrence for direct physical loss or physical damage under this Extension is $50,000 at each "scheduled premises". (2)You may extend the insurance that applies to Business Personal Property in garages,storage buildings and other appurtenant structures at the "scheduled premises". The most we will pay in any one occurrence for direct physical loss or physical damage under this Extension is $5,000 at each "scheduled premises". e.Newly Acquired or Constructed Property (1)You may extend the insurance that applies to Building to apply to: (a)Your new buildings while being built on the "scheduled premises";and (b)Buildings you acquire at locations other than the "scheduled premises",intended for: (i)Similar use as the Building described in the Declarations;or (ii)Use as a warehouse. The most we will pay in any one occurrence for loss or damage under this Extension is 25%of the Limit of Insurance for Building shown in the Declarations,but not more than $500,000 at each premises. (2)You may extend the insurance that applies to Business Personal Property to apply to: (a)Property at any premises you acquire or construct; (b)Business Personal Property, including such property that you newly acquire,located at your newly constructed building,or (c)Business Personal Property that you newly acquire,located at the "scheduled premises". This extension does not apply to: (a)Personal Property that you temporarily acquire in the course of installing or performing work on such property; (b)Personal property of others that you temporarily acquire in the course of your wholesaling activity. (c)Merchandise held for sale,except as provided under Paragraph C.6. Business Personal Property Limit –Seasonal Increase. The most we will pay in any one occurrence for direct physical loss or physical damage under this Extension is $250,000 at each premises. (3)You may extend the insurance that applies to Business Income and Extra Expense to apply to newly acquired or constructed locations. The most we will pay in any one occurrence under this Extension is $50,000. (4)If Covered Property is moved to a new premises endorsed onto this policy,from a "scheduled premises"being endorsed off this policy,the Limit of Insurance applicable to that vacated premises will apply proportionately to both premises as the property is moved.This coverage applies to up to 180 days after the move begins or upon completion of the move, whichever is sooner.This coverage does not apply to Business Personal Property while in transit. SPECIAL PROPERTY COVERAGE FORM Form SS 00 07 07 05 Page 15 of 25 (5)Insurance under this Extension for each newly acquired or constructed property will end when any of the following first occurs: (a)This policy expires; (b)180 days after you acquire or begin to construct the property,or (c)You report values to us. We will charge you additional premium for values reported from the day construction begins or you acquire the property. f.Outdoor Property You may extend the insurance provided by this policy to apply to your outdoor: (1)Fences,signs (other than signs attached to buildings),trees,shrubs and plants caused by or resulting from any of the following causes of loss: (a)Fire; (b)Lightning; (c)Explosion; (d)Riot or Civil Commotion;and (e)Aircraft. The most we will pay in any one occurrence for direct physical loss or physical damage,including debris removal expense,under this Extension is $10,000 but not more than $1,000 for any one tree,shrub or plant. (2)Radio and television antennas (including satellite dishes)caused by or resulting from any of the following causes of loss: (a)Fire; (b)Lightning; (c)Windstorm; (d)Ice,Snow,Sleet or Hail; (e)Explosion; (f)Riot or Civil Commotion;and (g)Aircraft. The most we will pay in any one occurrence for direct physical loss or physical damage,including debris removal expense,under this Extension is $2,000. g.Personal Effects You may extend the insurance that applies to Business Personal Property to apply to personal effects owned by you,your officers,your partners,“managers”, “members”,or your employees. The most we will pay in any one occurrence for physical loss or physical damage under this Extension is $10,000 at each "scheduled premises". h.Property Off-Premises (1)You may extend the insurance that applies to Building to apply to such property that is temporarily at a location you do not own,lease or operate.This Extension applies only if physical loss or physical damage is caused by or resulting from a Covered Cause of Loss.This Extension does not apply to property in course of transit. The most we will pay in any one occurrence under this coverage extension is $5,000. (2)You may extend the insurance that applies to Business Personal Property to apply to such property,other than Accounts Receivable,"money"and "securities"while: (a)In the course of transit and more than 1,000 feet from the "scheduled premises".Property must be in or on,but not permanently attached to or installed in,a motor vehicle you own,lease or operate while between points in the coverage territory;or (b)Temporarily at a premises you do not own,lease or operate. (c)At a premises owned,leased, operated or used by you and the Business Personal Property is a vending machine. (d)In or on,but not permanently attached to or installed in,motor vehicles operated by your employees in the course of your business operations. (e)On temporary public display,or while being used at fairs, exhibitions,expositions,or trade shows or while in transit to and from these temporary sites. The most we will pay in any one occurrence under this Extension is $2,500. i.Valuable Papers and Records -Cost of Research You may extend the insurance that applies to Business Personal Property to apply to your costs to research,replace or restore the lost information on lost or damaged ‘’valuable papers and records’’,for which duplicates do not exist. SPECIAL PROPERTY COVERAGE FORM Page 16 of 25 Form SS 00 07 07 05 The most we will pay in any one occurrence under this Extension is $25,000 at each "scheduled premises".For "valuable papers and records"not at the "scheduled premises",including while in transit,the most we will pay in any one occurrence is $25,000. B.EXCLUSIONS 1.We will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. a.Earth Movement (1)Earthquake,meaning a shaking or trembling of the earth’s crust,caused by underground tectonic forces resulting in breaking,shifting,rising, settling,sinking or lateral movement; (2)Landslide,including any earth sinking, rising or shifting related to such event; (3)Mine subsidence,meaning subsidence of a man-made mine,whether or not mining activity has ceased; (4)Earth sinking (other than sinkhole collapse),rising or shifting including soil conditions which cause settling,cracking or other disarrangement of foundations or other parts of realty.Soil conditions include contraction,expansion,freezing, thawing,erosion,improperly compacted soil,and the action of water under the ground surface; But if Earth Movement,as described in Paragraphs (1)through (4)above,results in fire or explosion,we will pay for the physical loss or physical damage caused by that fire or explosion. (5)Volcanic eruption,meaning the eruption,explosion or effusion of a volcano.But if physical loss or physical damage by fire or volcanic action results,we will pay for that resulting physical damage. Volcanic action means direct physical loss or physical damage resulting from the eruption of a volcano when the physical loss or physical damage is caused by: (a)Airborne volcanic blast or airborne shock waves; (b)Ash,dust,or particulate matter;or (c)Lava flow. (d)All volcanic eruptions that occur within any 168-hour period will constitute a single occurrence. Volcanic action does not include the cost to remove ash,dust,or particulate matter.That does not cause direct physical loss or physical damage to Covered Property. b.Governmental Action Seizure or destruction of property by order of governmental authority. But we will pay for acts of destruction ordered by governmental authority and taken at the time of a fire to prevent its spread,if the fire would be covered under this policy. c.Nuclear Hazard Nuclear reaction or radiation,or radioactive contamination however caused. But if physical loss or physical damage by fire results,we will pay for that resulting physical loss or physical damage. d.Power Failure The failure of power or other utility service supplied to the "scheduled premises", however caused,if the failure occurs away from the "scheduled premises".Failure includes lack of sufficient capacity and reduction in supply necessary to maintain normal operations. But if physical loss or physical damage by a Covered Cause of Loss results,we will pay for that resulting physical loss or physical damage. e.War and Military Action (1)War,including undeclared or civil war; (2)Warlike action by a military force, including action in hindering or defending against an actual or expected attack,by any government, sovereign or other authority using military personnel or other agents;or (3)Insurrection,rebellion,revolution, usurped power,or action taken by governmental authority in hindering or defending against any of these. f.Water (1)Flood,including the accumulation of surface water,waves,tides,tidal waves,overflow of streams or any other bodies of water,or their spray,all whether driven by wind or not; SPECIAL PROPERTY COVERAGE FORM Form SS 00 07 07 05 Page 17 of 25 (2)Mudslide or mud flow; (3)Water that backs up from a sewer or drain;or (4)Water under the ground surface pressing on,or flowing or seeping through: (a)Foundations,walls,floors or paved surfaces; (b)Basements,whether paved or not; or (c)Doors,windows or other openings. But if loss or damage by fire,explosion or sprinkler leakage results,we will pay for that resulting physical loss or physical damage. (5)Water damage caused by or resulting from earthquake or volcanic eruption: (a)Earthquake means a shaking or trembling of the earth’s crust,caused by underground tectonic forces resulting in breaking,shifting,rising, settling,sinking or lateral movement or other movement; (b)Volcanic eruption means the eruption,explosion or effusion of a volcano. g.Neglect Neglect of an insured to use all reasonable means to save and preserve property from further damage at and after the time of loss. 2.We will not pay for physical loss or physical damage caused by or resulting from: a.Consequential Losses:Delay,loss of use or loss of market. b Smoke,Vapor,Gas:Smoke,vapor or gas from agricultural smudging or industrial operations. c.Miscellaneous Types of Loss: (1)Wear and tear; (2)Rust,corrosion,fungus,decay, deterioration,hidden or latent defect or any quality in property that causes it to damage or destroy itself; (3)Smog; (4)Settling,cracking,shrinking or expansion; (5)Nesting or infestation,or discharge or release of waste products or secretions,by insects,birds,rodents, mold,spore or other animals; (6)The following causes of loss to personal property: (a)Dampness or dryness of atmosphere; (b)Changes in or extremes of temperature;or (c)Marring or scratching. But if physical loss or physical damage by the "specified causes of loss",building glass breakage or Equipment Breakdown Accident results,we will pay for that resulting physical loss or physical damage. d.Frozen Plumbing:Water,other liquids, powder or molten material that leaks or flows from plumbing,heating,air conditioning or other equipment (except fire protective systems)caused by or resulting from freezing,unless: (1)You do your best to maintain heat in the building or structure;or (2)You drain the equipment and shut off the supply if the heat is not maintained. e.Dishonesty:Dishonest or criminal act by you,any of your partners,"members", officers,"managers",employees,directors, trustees,authorized representatives or anyone to whom you entrust the property for any purpose: (1)Acting alone or in collusion with others; or (2)Whether or not occurring during the hours of employment. This exclusion does not apply to acts of destruction by your employees;but theft by employees is not covered. f.False Pretense:Voluntary parting with any property by you or anyone else to whom you have entrusted the property if induced to do so by any fraudulent scheme,trick,device or false pretense. g.Exposed Property:Rain,snow,ice or sleet to personal property in the open, except as provided in the Coverage Extension for Outdoor Property. h.Collapse:Collapse,except as provided in the Additional Coverage for Collapse.But if loss or damage by a Covered Cause of Loss results at the "scheduled premises",we will pay for that resulting loss or damage. i.Pollution:We will not pay for loss or damage caused by or resulting from the discharge,dispersal,seepage,migration, release or escape of "pollutants and SPECIAL PROPERTY COVERAGE FORM Page 18 of 25 Form SS 00 07 07 05 contaminants"unless the discharge, dispersal,seepage,migration,release or escape is itself caused by any of the "specified causes of loss."But if physical loss or physical damage by the "specified causes of loss"results,we will pay for the resulting physical loss or physical damage caused by the "specified cause of loss." 3.We will not pay for loss or damage caused by or resulting from any of the following.But if physical loss or physical damage by a Covered Cause of Loss results,we will pay for that resulting physical loss or physical damage. a.Weather conditions:Weather conditions. This exclusion only applies if weather conditions contribute in any way with a cause or event excluded in paragraph 1. above to produce the physical loss or physical damage. b.Acts or Decisions:Acts or decisions, including the failure to act or decide,of any person,group,organization or governmental body. c.Negligent Work:Faulty,inadequate or defective: (1)Planning,zoning,development, surveying,siting; (2)Design,specifications,workmanship, repair,construction,renovation, remodeling,grading,compaction; (3)Materials used in repair,construction, renovation or remodeling;or (4)Maintenance of part or all of any property on or off the "scheduled premises". 4.Business Income and Extra Expense Exclusions.We will not pay for: a.Any Extra Expense,or increase of Business Income loss,caused by or resulting from: (1)Delay in rebuilding,repairing or replacing the property or resuming "operations", due to interference at the location of the rebuilding,repair or replacement by strikers or other persons;or (2)Suspension,lapse or cancellation of any license,lease or contract.But if the suspension,lapse or cancellation is directly caused by the suspension of "operations’,we will cover such loss that affects your Business Income during the "period of restoration". b.Any other consequential loss. 5.Equipment Breakdown Exclusion We will not pay for physical loss or physical damage caused by or resulting from any of the following tests: (a)A hydrostatic,pneumatic or gas pressure test of any boiler or pressure vessel;or (b)An insulation breakdown test of any type of electrical equipment. C.LIMITS OF INSURANCE 1.The most we will pay for physical loss or physical damage in any one occurrence is the applicable Limit of Insurance shown in the Declarations. 2.The most we will pay for physical loss of or physical damage to outdoor signs attached to buildings is $5,000 per sign in any one occurrence. 3.The limits applicable to: a.Coverage Extensions;and b.The following Additional Coverages: (1)Accounts Receivable, (2)Fire Department Service Charges, (3)Fire Extinguisher Recharge,and (4)"Pollutants and Contaminants”Clean Up and Removal are in addition to the Limits of Insurance. 4.Payments under the following Additional Coverages will not increase the applicable Limit of Insurance: a.Preservation of Property;or b.Debris Removal;but if: (1)The sum of direct physical loss or physical damage and Debris Removal expense exceeds the Limit of Insurance;or (2)The Debris Removal expense exceeds the amount payable under the 25% limitation in the Debris Removal Additional Coverage. We will pay up to an additional $10,000 for each location stated in the Declarations in any one occurrence under the Debris Removal Additional Coverage. 5.Building Limit -Automatic Increase a.The Limit of Insurance for Buildings will automatically increase annually by 8%. b.The amount of increase will be: (1)The Limit of Insurance for Buildings that applied on the most recent of the policy SPECIAL PROPERTY COVERAGE FORM Form SS 00 07 07 05 Page 19 of 25 inception date,policy anniversary date, or the date of any other policy change amending the Buildings limit,times (2)The percentage of annual increase shown above,expressed as a decimal (.08);times (3)The number of days since the beginning of the current policy year or the effective date of the most recent policy change amending the Limit of Insurance for Buildings,divided by 365. Example:The applicable Limit of Insurance for Buildings is $100,000.The annual percentage increase is 8%.The number of days since the beginning of the policy period (or last policy change)is 146. The amount of increase is: $100,000 X .08 X 146 divided by 365 = $3,200 6.Business Personal Property Limit - Seasonal Increase a.The Limit of Insurance for Business Personal Property will automatically increase by 25%to provide for seasonal variations. b.This increase will apply only if all Limits of Insurance shown in the Declarations for Business Personal Property at the “scheduled premises”is at least 100%of your average monthly values during the lesser of: (1)The 12 months immediately preceding the date the physical loss or physical damage occurs;or (2)The period of time you have been in business as of the date the physical loss or physical damage occurs. D.DEDUCTIBLES 1.We will not pay for physical loss or physical damage in any one occurrence until the amount of physical loss or physical damage exceeds the Deductible shown in the Declarations.We will then pay the amount of loss or damage in excess of the Deductible up to the applicable Limit of Insurance. 2.Except as otherwise listed,the deductible applicable to Additional Coverages and Coverage Extensions is the Special Property Coverage Form is $250. 3.A $250 deductible applies to the following Glass Coverages,unless Glass Coverage is provided under a separate coverage form: a.Building Glass b.Glass Expense c.Tenant Glass 4.Unless a separate deductible is shown in the Declarations,the deductible applicable to the following Additional Coverages or Coverage Extensions is $250,whether the coverage is provided under this coverage form,provided on a separate coverage form or the coverage is provided in a form that includes a package of coverages,such as a Stretch endorsement: a.Accounts Receivable; b.Fine Arts c.Outdoor Signs;and d."Valuable Papers and Records"; 5.Unless a separate deductible is shown in the Declarations,the deductible applicable to the following Additional Coverages or Coverage Extensions is $100,whether the coverage is provided under this coverage form,provided on a separate coverage form or the coverage is provided in a form that includes a package of coverages,such as a Stretch endorsement: a.Employee Dishonesy;and b.Temperature Change. 6.No deductible applies to the following Coverage Extensions and Additional Coverages: a.Fire Extinguisher Recharge; b.Preservation of Property; c.Fire Department Service Charge; d.Business Income,Extra Expense,Civil Authority and Extended Business Income; e.Arson Reward;and f.Lock and Key Replacement 6.The Deductible applicable to the following Additional Coverages is the policy deductible or the deductible shown in the Declarations for the following coverage: a.Equipment Breakdown; b.Ordinance or Law Coverage;and c.Leasehold Improvements. 7.Each deductible applicable to this policy shall be applied separately but only to the coverage specified,and the total deductible for all losses in any one occurrence shall be the highest deductible amount that applies to the occurrence. E.PROPERTY LOSS CONDITIONS 1.Abandonment There can be no abandonment of any property to us. SPECIAL PROPERTY COVERAGE FORM Page 20 of 25 Form SS 00 07 07 05 2.Appraisal If we and you disagree on the amount of loss, either may make written demand for an appraisal of the loss.In that event,each party will select a competent and impartial appraiser. The two appraisers will select an umpire.If they cannot agree,either may request that selection be made by a judge of a court having jurisdiction.The appraisers will state separately the amount of loss. If they fail to agree,they will submit their differences to the umpire.A decision agreed to by any two will be binding.Each party will: a.Pay its chosen appraiser;and b.Bear the other expenses of the appraisal and umpire equally. If there is an appraisal,we will still retain our right to deny the claim. 3.Duties In The Event Of Loss Or Damage You must see that the following are done in the event of loss of or damage to Covered Property: a.Notify the police if a law may have been broken. b.Give us prompt notice of the physical loss or physical damage.Include a description of the property involved. c.As soon as possible,give us description of how,when and where the physical loss or physical damage occurred. d.Take all reseasonable steps to protect the Covered Property from further damage by a Covered Cause of Loss.If feasible,set the damaged property aside in the best possible order for examination.Also,keep a record of your expenses for emergency and temporary repairs,for consideration in the settlement of the claim. This will not increase the Limits of Insurance. e.At our request,give us complete inventories of the damaged and undamaged property.Include quantities, costs,values and amount of loss claimed. f.Permit us to inspect the property and records proving the loss or damage.Also permit us to take samples of damaged property for inspection,testing and analysis. g.If requested,permit us to question you under oath at such times as may be reasonably required about any matter relating to this insurance or your claim, including your books and records.In such event,your answers must be signed. h.Send us a signed,sworn statement of loss containing the information we request to investigate the claim.You must do this within 60 days after our request.We will supply you with the necessary forms. i.Cooperate with us in the investigation or settlement of the claim. j.Resume part or all of your "operations"as quickly as possible. 4.Legal Action Against Us No one may bring a legal action against us under this insurance unless: a.There has been full compliance with all of the terms of this insurance;and b.The action is brought within 2 years after the date on which the direct physical loss or physical damage occurred. 5.Loss Payment In the event of physical loss or physical damage covered by this policy: a.At our option we will either: (1)Pay the value of physically lost or physically damaged property,as described in paragraph d.below; (2)Pay the cost of repairing or replacing the physically lost or physically damaged property,plus any reduction in value of repaired items; (3)Take all or any part of the property at an agreed or appraised value;or (4)Repair,rebuild or replace the property with other property of like kind and quality. b.We will give notice of our intentions within 30 days after we receive the sworn statement of loss. c.We will not pay you more than your financial interest in the Covered Property. d.We will determine the value of Covered Property as follows: (1)At replacement cost (without deduction for depreciation),except as provided in (2)through (7)below. (a)You may make a claim for physical loss or physical damage covered by this insurance on an actual cash value basis instead of on a replacement cost basis.In the event you elect to have physical loss or physical damage settled on an actual cash value basis,you may still make a claim on a SPECIAL PROPERTY COVERAGE FORM Form SS 00 07 07 05 Page 21 of 25 replacement cost basis if you notify us of your intent to do so within 180 days after the physical loss or physical damage. (b)We will not pay on a replacement cost basis for any physical loss or physical damage: (i)Until the physically lost or physically damaged property is actually repaired or replaced;and (ii)Unless the repairs or replacement are made as soon as reasonably possible after the physical loss or physical damage. However,if the cost to repair or replace the damaged property is $2,500 or less,we will settle the loss according to the provisions of Paragraphs d.(1)(a)and d.(1)(b) above whether or not the actual repair or replacement is complete. (c)We will not pay more for physical loss or physical damage on a replacement cost basis than the least of: (i)The cost to replace,on the same premises,the physically lost or physically damaged property with other property of comparable material and quality and which is used for the same purpose;or (ii)The amount you actually spend that is necessary to repair or replace the physically lost or physically damaged property. (2)If the Actual Cash Value -Buildings option applies,as shown in the Declarations,paragraph (1)above does not apply to Buildings.Instead, we will determine the value of Buildings at actual cash value. (3)The following property at actual cash value: (a)Manuscripts; (b)Works of art,antiques or rare articles,including etchings,pictures, statuary,objects of marble,bronzes, porcelains and bric-a-brac. (c)Household contents,except personal property in apartments or rooms furnished by you as landlord. (4)Glass at the cost of replacement with safety glazing material if required by law. (5)“Tenants'Improvements and Betterments”at: (a)Replacement cost if you make repairs promptly. (b)A proportion of your original cost if you do not make repairs promptly. We will determine the proportionate value as follows: (i)Multiply the original cost by the number of days from the physical loss or physical damage to the expiration of the lease;and (ii)Divide the amount determined in (i)above by the number of days from the installation of improvements to the expiration of the lease. If your lease contains a renewal option,the expiration of the renewal option period will replace the expiration of the lease in this procedure. (c)Nothing,if others pay for repairs or replacement. (6)"Valuable Papers and Records",at the cost of: (a)Blank materials for reproducing the records;and (b)Labor to transcribe or copy the records. (7)"Money"and "Securities": (a)"Money"at its face value;and (b)"Securities"at their value at the close of business on the day the loss is discovered. (8)The value of United States Government Internal Revenue taxes and custom duties and refundable state and local taxes paid or fully determined on the following property held for sale will not be considered in determining the value of Covered Property: (a)Distilled spirits; (b)Wines; SPECIAL PROPERTY COVERAGE FORM Page 22 of 25 Form SS 00 07 07 05 (c)Rectified products;or (d)Beer. (9)Applicable to Accounts Receivable: (a)If you can not accurately establish the amount of the accounts receivable outstanding as of the time of physical loss or physical damage the following method will be used: (i)Determine the total of the average monthly value of accounts receivable for 12 months immediately preceding the month in which the direct physical loss or physical damage occurred;and (ii)Adjust the total determined in paragraph (i)above for any normal fluctuations in the value of accounts receivable for the month in which the direct physical loss or physical damage occurred for any demonstrated variance from the average of that month. (b)The following will be deducted from the total value of accounts receivable,however that value is established: (i)The value of the accounts for which there is no physical loss or physical damage; (ii)The value of the accounts that you are able to re-establish or collect; (ii)A value to allow for probable bad debts that you are normally unable to collect;and (iv)All unearned interest and services charged. e.Our payment for physical loss of or physical damage to personal property of others will only be for the account of the owners of the property.We may adjust losses with the owners of physically lost or physically damaged property if other than you.If we pay the owners,such payment will satisfy your claims against us for the owners'property. We will not pay the owners more than their financial interest in the Covered Property. f.We may elect to defend you against suits arising from claims of owners of property. We will do this at our expense. g.We will pay for covered physical loss or physical damage within 30 days after we receive the sworn statement of loss,if: (1)You have complied with all of the terms of this policy;and (2)(a)We have reached agreement with you on the amount of loss,or (b)An appraisal award has been made. h.The following condition applies to any loss payment for Extra Expense: We will deduct from the total Extra Expense to be paid: (1)The salvage value that remains of any property bought for temporary use during the Period of Restoration,once business operations are resumed;and (2)Any Extra Expense that is paid for by other insurance. 6.Recovered Property If either you or we recover any property after loss settlement,that party must give the other prompt notice.At your option,you may retain the property.But then you must return to us the amount we paid to you for the property.We will pay recovery expenses and the expenses to repair the recovered property,subject to the Limits of Insurance. 7.Resumption of Operations In the event of physical loss or physical damage at the "scheduled premises"you must resume all or part of your "operations"as quickly as possible. We will reduce the amount of your: a.Business Income loss,other than Extra Expense,to the extent you can resume your "operations",in whole or in part,by using damaged or undamaged property (including merchandise or stock)at the "scheduled premises"or elsewhere. b.Extra Expense loss to the extent you can return "operations"to normal and discontinue such Extra Expense. 8.Vacancy a.Description of Terms (1)As used in this Vacancy Condition,the term building and the term vacant have the meanings set forth in Paragraphs. SPECIAL PROPERTY COVERAGE FORM Form SS 00 07 07 05 Page 23 of 25 (a)and (b)below: (a)When this policy is issued to a tenant,and with respect to that tenant’s interest in Covered Property,building means the unit or suite rented or leased to the tenant.Such building is vacant when it does not contain enough business personal property to conduct customary operations. (b)When this policy is issued to the owner or general lessee of a building,building means the entire building.Such building is vacant unless at least 31%of its total square footage is: (i)Rented to a lessee or sub- lessee and used by the lessee or sub-lessee to conduct its customary operations;and/or (ii)Used by the building owner to conduct customary operations. (2)Buildings under construction or renovation are not considered vacant. b.Vacancy Provisions If the building where physical loss or physical damage occurs has been vacant for more than 60 consecutive days before that physical loss or physical damage occurs: (1)We will not pay for any physical loss or physical damage caused by any of the following even if they are Covered Causes of Loss: (a)Vandalism; (b)Sprinkler leakage,unless you had protected the system against freezing; (c)Building glass breakage; (d)Water damage; (e)Theft;or (f)Attempted theft. (2)With respect to Covered Causes of Loss other than those listed in b.(1)(a) through b.(1)(f)above,we will reduce the amount we would otherwise pay for the physical loss or physical damage by 15%. F.PROPERTY GENERAL CONDITIONS 1.Control of Property Any act or neglect of any person other than you beyond your direction or control will not affect this insurance. The breach of any condition of this Coverage Form at one or more locations will not affect coverage at any location where,at the time of physical loss or physical damage,the breach of condition does not exist. 2.Mortgage Holders a.The term mortgage holder includes trustee. b.We will pay for covered physical loss of or physical damage to buildings or structures to each mortgage holder shown in the Declarations in their order of precedence, as interests may appear. c.The mortgage holder has the right to receive loss payment even if the mortgage holder has started foreclosure or similar action on the building or structure. d.If we deny your claim because of your acts or because you have failed to comply with the terms of this policy,the mortgage holder will still have the right to receive loss payment if the mortgage holder: (1)Pays any premium due under this policy at our request if you have failed to do so; (2)Submits a signed,sworn statement of loss within 60 days after receiving notice from us of your failure to do so;and (3)Has notified us of any change in ownership,occupancy or substantial change in risk known to the mortgage holder. All of the terms of this policy will then apply directly to the mortgage holder. e.If we pay the mortgage holder for any physical loss or physical damage and deny payment to you because of your acts or because you have failed to comply with the terms of this policy: (1)The mortgage holder's rights under the mortgage will be transferred to us to the extent of the amount we pay;and (2)The mortgage holder's rights to recover the full amount of the mortgage holder's claim will not be impaired. At our option,we may pay to the mortgage holder the whole principal on the mortgage plus any accrued interest.In this event, your mortgage and note will be transferred to us and you will pay your remaining mortgage debt to us. SPECIAL PROPERTY COVERAGE FORM Page 24 of 25 Form SS 00 07 07 05 f.If we cancel this policy,we will give written notice to the mortgage holder at least: (1)10 days before the effective date of cancellation if we cancel for your non payment of premium;or (2)30 days before the effective date of cancellation if we cancel for any other reason. g.If we elect not to renew this policy,we will give written notice to the mortgage holder at least 10 days before the expiration date of this policy. 3.No Benefit to Bailee No person or organization,other than you, having custody of Covered Property will benefit from this insurance. 4.Policy Period,Coverage Territory Under this form: a.We cover physical loss or physical damage commencing: (1)During the policy period shown in the Declarations;and (2)Within the coverage territory or,with respect to property in transit,while it is between points in the coverage territory. But we do not cover physical loss or physical damage that is also covered by a preceding policy. b.The coverage territory is: (1)The United States of America (including its territories and possessions); (2)Puerto Rico;and (3)Canada. 5.Additional Conditions The following conditions apply to paragraph A.5.u.,Forgery Additional Coverage: a.We will treat mechanically reproduced facsimile signatures the same as handwritten signatures. b.You must include with your proof of loss any instrument involved in that loss,or,if that is not possible,an affidavit setting forth the amount and cause of loss. c.The Coverage Territory is revised to cover loss you sustain anywhere in the world. G.PROPERTY DEFINITIONS 1."Computer"means a programmable electronic device that can store,retrieve and process "data". 2."Computer Equipment"means "computers", "peripheral devices","media",and manuals that are purchased to be used in conjunction with hardware and "software". 3."Counterfeit"means an imitation of an actual valid original which is intended to deceive and to be taken as the original. 4."Data"means information or facts stored in a "computer’s"memory,on "software"or on "media". 5."Finished Stock"means stock you have manufactured. "Finished Stock"does not include stock you have manufactured that is held for sale on the premises of any retail outlet insured under this policy. 6."Manager"means a person serving in a directorial capacity for a limited liability company. 7."Media"means the material used solely with the "computer"or "peripheral device"upon which "software"or "data"is stored,such as tapes,CD-ROMs or disks. 8."Member"means an owner of a limited liability company represented by its membership interest,who also may serve as a "manager". 9.“Messenger”means you,any any of your partners or any employee while having care and custody of the property outside your premises. 10."Money"means: a.Currency,coins and bank notes whether or not in current use;and b.Travelers checks,registered checks and money orders held for sale to the public. 11."Operations"means your business activities occurring at the "scheduled premises"and tenantability of the "scheduled premises". 12."Period of Restoration"means the period of time that: a.Begins with the date of direct physical loss or physical damage caused by or resulting from a Covered Cause of Loss at the "scheduled premises",and b.Ends on the date when: (1)The property at the "scheduled premises"should be repaired,rebuilt or replaced with reasonable speed and similar quality; (2)The date when your business is resumed at a new,permanent location. SPECIAL PROPERTY COVERAGE FORM Form SS 00 07 07 05 Page 25 of 25 "Period of Restoration"does not include any increased period required due to enforcement of any law that: a.Regulates the construction,use or repair, or required the tearing down of any property;or b.Regulates the prevention,control,repair, clean up or restoration of environmental damage. The expiration date of this policy will not cut short the "period of restoration". 13."Peripheral Device"means any physical unit used to operate the "computer’that cannot be used for purposes other than as part of the computer’s system,such as tape or disk drives,printers,or modems. 14."Perishable Stock"means personal property: a.Maintained under controlled conditions for its preservation;and b.Susceptible to physical loss or physical damage if the controlled conditions change. 15."Pollutants and Contaminants"means any solid,liquid,gaseous or thermal irritant or contaminant,including smoke,vapors,soot, fumes,acids,alkalis,chemicals and waste,or any other material which causes or threatens to cause physical loss,physical damage, impurity to property,unwholesomeness, undesirability,loss of marketability,loss of use of property,or which threatens human health or welfare.Waste includes materials to be recycled,reconditioned or reclaimed. 16."Scheduled Premises"means any premises listed by location address in the Scheduled Premises section of the Declarations. 17."Securities"means negotiable and nonnegotiable instruments or contracts representing either "money"or other property and includes: a.Tokens,tickets except Lottery Tickets, revenue and other non-postage stamps whether or not in current use;and b.Evidences of debt issued in connection with credit or charge cards,which are not of your own issue; but does not include "money." 18."Software"means instructions or programs that are stored on "media"and which instruct the hardware as to how to process "data". 19."Specified Cause of Loss"means the following: Fire;lightning;explosion,windstorm or hail; smoke;aircraft or vehicles;riot or civil commotion;vandalism;leakage from fire extinguishing equipment;sinkhole collapse; volcanic action;falling objects;weight of snow, ice or sleet;water damage. a.Sinkhole collapse means the sudden sinking or collapse of land into underground empty spaces created by the action of water on limestone or dolomite.It does not include the cost of filling sinkholes. b.Falling objects does not include loss of or damage to: (1)Personal property in the open;or (2)The interior of a building or structure, or property inside a building or structure,unless the roof or an outside wall of the building or structure is first damaged by a falling object. c.Water damage means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. 20."Suit"means a civil proceeding and includes: a.An arbitration proceeding in which damages are claimed and to which you must submit or do submit with our consent; or b.Any other alternative dispute resolution proceeding in which damages are claimed and to which you submit with our consent. 21.“Tenant Improvements and Betterments” means fixtures,alterations,installations or additions made a part of the Building you occupy but do not own and that you cannot legally remove;and a.Which are made at your expense;or b.That you acquired from the prior tenant at your expense. 22.“Theft”means the act of stealing. 23."Valuable papers and records"means inscribed,printed or written documents, manuscripts or records,including abstracts, books,deeds,drawings,films,maps or mortgages. But "valuable papers and records"does not mean "money"and "securities","data"and "software"or the materials on which the "data" and "software"is recorded. Form SS 00 08 04 05 ©2005,The Hartford BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning on Page A.COVERAGES 1 Business Liability 1 Medical Expenses 2 Coverage Extension -Supplementary Payments 2 B.EXCLUSIONS 3 C.WHO IS AN INSURED 10 D.LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E.LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1.Bankruptcy 15 2.Duties In The Event Of Occurrence,Offense,Claim Or Suit 15 3.Financial Responsibility Laws 16 4.Legal Action Against Us 16 5.Separation Of Insureds 16 6.Representations 16 7.Other Insurance 16 8.Transfer Of Rights Of Recovery Against Others To Us 17 F.OPTIONAL ADDITIONAL INSURED COVERAGES 18 Additional Insureds 18 G.LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 BUSINESS LIABILITY COVERAGE FORM Page 2 of 24 Form SS 00 08 04 05 (2)Receives a written or verbal demand or claim for damages because of the "bodily injury"or "property damage";or (3)Becomes aware by any other means that "bodily injury"or "property damage"has occurred or has begun to occur. d.Damages because of "bodily injury"include damages claimed by any person or organization for care,loss of services or death resulting at any time from the "bodily injury". e.Incidental Medical Malpractice (1)"Bodily injury"arising out of the rendering of or failure to render professional health care services as a physician,dentist,nurse,emergency medical technician or paramedic shall be deemed to be caused by an "occurrence",but only if: (a)The physician,dentist,nurse, emergency medical technician or paramedic is employed by you to provide such services;and (b)You are not engaged in the business or occupation of providing such services. (2)For the purpose of determining the limits of insurance for incidental medical malpractice,any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". 2.MEDICAL EXPENSES Insuring Agreement a.We will pay medical expenses as described below for "bodily injury"caused by an accident: (1)On premises you own or rent; (2)On ways next to premises you own or rent;or (3)Because of your operations; provided that: (1)The accident takes place in the "coverage territory"and during the policy period; (2)The expenses are incurred and reported to us within three years of the date of the accident;and (3)The injured person submits to examination,at our expense,by physicians of our choice as often as we reasonably require. b.We will make these payments regardless of fault.These payments will not exceed the applicable limit of insurance.We will pay reasonable expenses for: (1)First aid administered at the time of an accident; (2)Necessary medical,surgical,x-ray and dental services,including prosthetic devices;and (3)Necessary ambulance,hospital, professional nursing and funeral services. 3.COVERAGE EXTENSION - SUPPLEMENTARY PAYMENTS a.We will pay,with respect to any claim or "suit"we investigate or settle,or any "suit" against an insured we defend: (1)All expenses we incur. (2)Up to $1,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily injury"applies.We do not have to furnish these bonds. (3)The cost of appeal bonds or bonds to release attachments,but only for bond amounts within the applicable limit of insurance.We do not have to furnish these bonds. (4)All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit",including actual loss of earnings up to $500 a day because of time off from work. (5)All costs taxed against the insured in the "suit". (6)Prejudgment interest awarded against the insured on that part of the judgment we pay.If we make an offer to pay the applicable limit of insurance,we will not pay any prejudgment interest based on that period of time after the offer. (7)All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay,or deposited in court the part of the judgment that is within the applicable limit of insurance. Any amounts paid under (1)through (7) above will not reduce the limits of insurance. BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 3 of 24 b.If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit",we will defend that indemnitee if all of the following conditions are met: (1)The "suit"against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; (2)This insurance applies to such liability assumed by the insured; (3)The obligation to defend,or the cost of the defense of,that indemnitee,has also been assumed by the insured in the same "insured contract"; (4)The allegations in the "suit"and the information we know about the "occurrence"are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee; (5)The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee;and (6)The indemnitee: (a)Agrees in writing to: (i)Cooperate with us in the investigation,settlement or defense of the "suit"; (ii)Immediately send us copies of any demands,notices, summonses or legal papers received in connection with the "suit"; (iii)Notify any other insurer whose coverage is available to the indemnitee;and (iv)Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee;and (b)Provides us with written authorization to: (i)Obtain records and other information related to the "suit";and (ii)Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys'fees incurred by us in the defense of that indemnitee,necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 1.b.(b)of Section B.– Exclusions,such payments will not be deemed to be damages for "bodily injury"and "property damage"and will not reduce the Limits of Insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys'fees and necessary litigation expenses as Supplementary Payments ends when: (1)We have used up the applicable limit of insurance in the payment of judgments or settlements;or (2)The conditions set forth above,or the terms of the agreement described in Paragraph (6)above,are no longer met. B.EXCLUSIONS 1.Applicable To Business Liability Coverage This insurance does not apply to: a.Expected Or Intended Injury (1)"Bodily injury"or "property damage" expected or intended from the standpoint of the insured.This exclusion does not apply to "bodily injury"or "property damage"resulting from the use of reasonable force to protect persons or property;or (2)"Personal and advertising injury"arising out of an offense committed by,at the direction of or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". b.Contractual Liability (1)"Bodily injury"or "property damage";or (2)"Personal and advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages because of: (a)"Bodily injury","property damage"or "personal and advertising injury"that the insured would have in the absence of the contract or agreement;or BUSINESS LIABILITY COVERAGE FORM Page 4 of 24 Form SS 00 08 04 05 (b)"Bodily injury"or "property damage" assumed in a contract or agreement that is an "insured contract", provided the "bodily injury"or "property damage"occurs subsequent to the execution of the contract or agreement.Solely for the purpose of liability assumed in an "insured contract",reasonable attorneys'fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury"or "property damage" provided: (i)Liability to such party for,or for the cost of,that party’s defense has also been assumed in the same "insured contract",and (ii)Such attorneys'fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c.Liquor Liability "Bodily injury"or "property damage"for which any insured may be held liable by reason of: (1)Causing or contributing to the intoxication of any person; (2)The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol;or (3)Any statute,ordinance or regulation relating to the sale,gift,distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing,distributing, selling,serving or furnishing alcoholic beverages. d.Workers'Compensation And Similar Laws Any obligation of the insured under a workers'compensation,disability benefits or unemployment compensation law or any similar law. e.Employer’s Liability "Bodily injury"to: (1)An "employee"of the insured arising out of and in the course of: (a)Employment by the insured;or (b)Performing duties related to the conduct of the insured’s business,or (2)The spouse,child,parent,brother or sister of that "employee"as a consequence of (1)above. This exclusion applies: (1)Whether the insured may be liable as an employer or in any other capacity; and (2)To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". f.Pollution (1)"Bodily injury","property damage"or "personal and advertising injury" arising out of the actual,alleged or threatened discharge,dispersal, seepage,migration,release or escape of "pollutants": (a)At or from any premises,site or location which is or was at any time owned or occupied by,or rented or loaned to any insured. However,this subparagraph does not apply to: (i)"Bodily injury"if sustained within a building and caused by smoke,fumes,vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use,by the building's occupants or their guests; (ii)"Bodily injury"or "property damage"for which you may be held liable,if you are a contractor and the owner or lessee of such premises,site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises,site or location and such premises,site or location is not and never was owned or occupied by,or rented or loaned to,any insured,other than that additional insured;or BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 5 of 24 (iii)"Bodily injury"or "property damage"arising out of heat, smoke or fumes from a "hostile fire"; (b)At or from any premises,site or location which is or was at any time used by or for any insured or others for the handling,storage, disposal,processing or treatment of waste; (c)Which are or were at any time transported,handled,stored, treated,disposed of,or processed as waste by or for: (i)Any insured;or (ii)Any person or organization for whom you may be legally responsible; (d)At or from any premises,site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants"are brought on or to the premises,site or location in connection with such operations by such insured,contractor or subcontractor.However,this subparagraph does not apply to: (i)"Bodily injury"or "property damage"arising out of the escape of fuels,lubricants or other operating fluids which are needed to perform the normal electrical,hydraulic or mechanical functions necessary for the operation of "mobile equipment"or its parts, if such fuels,lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them.This exception does not apply if the "bodily injury"or "property damage"arises out of the intentional discharge,dispersal or release of the fuels, lubricants or other operating fluids,or if such fuels, lubricants or other operating fluids are brought on or to the premises,site or location with the intent that they be discharged,dispersed or released as part of the operations being performed by such insured,contractor or subcontractor; (ii)"Bodily injury"or "property damage"sustained within a building and caused by the release of gases,fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor;or (iii)"Bodily injury"or "property damage"arising out of heat, smoke or fumes from a "hostile fire";or (e)At or from any premises,site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured’s behalf are performing operations if the operations are to test for,monitor,clean up,remove, contain,treat,detoxify or neutralize, or in any way respond to,or assess the effects of,"pollutants". (2)Any loss,cost or expense arising out of any: (a)Request,demand,order or statutory or regulatory requirement that any insured or others test for,monitor, clean up,remove,contain,treat, detoxify or neutralize,or in any way respond to,or assess the effects of, "pollutants";or (b)Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring,cleaning up,removing, containing,treating,detoxifying or neutralizing,or in any way responding to,or assessing the effects of,"pollutants". However,this paragraph does not apply to liability for damages because of "property damage"that the insured would have in the absence of such request,demand,order or statutory or regulatory requirement,or such claim or "suit"by or on behalf of a governmental authority. BUSINESS LIABILITY COVERAGE FORM Page 6 of 24 Form SS 00 08 04 05 g.Aircraft,Auto Or Watercraft "Bodily injury"or "property damage"arising out of the ownership,maintenance,use or entrustment to others of any aircraft,"auto" or watercraft owned or operated by or rented or loaned to any insured.Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision,hiring, employment,training or monitoring of others by that insured,if the "occurrence"which caused the "bodily injury"or "property damage"involved the ownership, maintenance,use or entrustment to others of any aircraft,"auto"or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1)A watercraft while ashore on premises you own or rent; (2)A watercraft you do not own that is: (a)Less than 51 feet long;and (b)Not being used to carry persons for a charge; (3)Parking an "auto"on,or on the ways next to,premises you own or rent, provided the "auto"is not owned by or rented or loaned to you or the insured; (4)Liability assumed under any "insured contract"for the ownership, maintenance or use of aircraft or watercraft; (5)"Bodily injury"or "property damage" arising out of the operation of any of the equipment listed in Paragraph f.(2) or f.(3)of the definition of "mobile equipment";or (6)An aircraft that is not owned by any insured and is hired,chartered or loaned with a paid crew.However,this exception does not apply if the insured has any other insurance for such "bodily injury"or "property damage",whether the other insurance is primary,excess, contingent or on any other basis. h.Mobile Equipment "Bodily injury"or "property damage" arising out of: (1)The transportation of "mobile equipment" by an "auto"owned or operated by or rented or loaned to any insured;or (2)The use of "mobile equipment"in,or while in practice or preparation for,a prearranged racing,speed or demolition contest or in any stunting activity. i.War "Bodily injury","property damage"or "personal and advertising injury",however caused,arising,directly or indirectly,out of: (1)War,including undeclared or civil war; (2)Warlike action by a military force, including action in hindering or defending against an actual or expected attack,by any government, sovereign or other authority using military personnel or other agents;or (3)Insurrection,rebellion,revolution, usurped power,or action taken by governmental authority in hindering or defending against any of these. j.Professional Services "Bodily injury","property damage"or "personal and advertising injury"arising out of the rendering of or failure to render any professional service.This includes but is not limited to: (1)Legal,accounting or advertising services; (2)Preparing,approving,or failing to prepare or approve maps,shop drawings,opinions,reports,surveys, field orders,change orders,designs or drawings and specifications; (3)Supervisory,inspection,architectural or engineering activities; (4)Medical,surgical,dental,x-ray or nursing services treatment,advice or instruction; (5)Any health or therapeutic service treatment,advice or instruction; (6)Any service,treatment,advice or instruction for the purpose of appearance or skin enhancement,hair removal or replacement or personal grooming; (7)Optical or hearing aid services including the prescribing,preparation, fitting,demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 7 of 24 (8)Optometry or optometric services including but not limited to examination of the eyes and the prescribing, preparation,fitting,demonstration or distribution of ophthalmic lenses and similar products; (9)Any: (a)Body piercing (not including ear piercing); (b)Tattooing,including but not limited to the insertion of pigments into or under the skin;and (c)Similar services; (10)Services in the practice of pharmacy; and (11)Computer consulting,design or programming services,including web site design. Paragraphs (4)and (5)of this exclusion do not apply to the Incidental Medical Malpractice coverage afforded under Paragraph 1.e.in Section A.-Coverages. k.Damage To Property "Property damage"to: (1)Property you own,rent or occupy, including any costs or expenses incurred by you,or any other person, organization or entity,for repair, replacement,enhancement, restoration or maintenance of such property for any reason,including prevention of injury to a person or damage to another's property; (2)Premises you sell,give away or abandon,if the "property damage"arises out of any part of those premises; (3)Property loaned to you; (4)Personal property in the care,custody or control of the insured; (5)That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations,if the "property damage" arises out of those operations;or (6)That particular part of any property that must be restored,repaired or replaced because "your work"was incorrectly performed on it. Paragraphs (1),(3)and (4)of this exclusion do not apply to "property damage"(other than damage by fire)to premises,including the contents of such premises,rented to you for a period of 7 or fewer consecutive days.A separate Limit of Insurance applies to Damage To Premises Rented To You as described in Section D.-Limits Of Insurance. Paragraph (2)of this exclusion does not apply if the premises are "your work"and were never occupied,rented or held for rental by you. Paragraphs (3)and (4)of this exclusion do not apply to the use of elevators. Paragraphs (3),(4),(5)and (6)of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3)and (4)of this exclusion do not apply to "property damage"to borrowed equipment while not being used to perform operations at a job site. Paragraph (6)of this exclusion does not apply to "property damage"included in the "products-completed operations hazard". l.Damage To Your Product "Property damage"to "your product" arising out of it or any part of it. m.Damage To Your Work "Property damage"to "your work"arising out of it or any part of it and included in the "products-completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. n.Damage To Impaired Property Or Property Not Physically Injured "Property damage"to "impaired property" or property that has not been physically injured,arising out of: (1)A defect,deficiency,inadequacy or dangerous condition in "your product" or "your work";or (2)A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product"or "your work"after it has been put to its intended use. BUSINESS LIABILITY COVERAGE FORM Page 8 of 24 Form SS 00 08 04 05 o.Recall Of Products,Work Or Impaired Property Damages claimed for any loss,cost or expense incurred by you or others for the loss of use,withdrawal,recall,inspection, repair,replacement,adjustment,removal or disposal of: (1)"Your product"; (2)"Your work";or (3)"Impaired property"; if such product,work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency,inadequacy or dangerous condition in it. p.Personal And Advertising Injury "Personal and advertising injury": (1)Arising out of oral,written or electronic publication of material,if done by or at the direction of the insured with knowledge of its falsity; (2)Arising out of oral,written or electronic publication of material whose first publication took place before the beginning of the policy period; (3)Arising out of a criminal act committed by or at the direction of the insured; (4)Arising out of any breach of contract, except an implied contract to use another’s "advertising idea"in your "advertisement"; (5)Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement"; (6)Arising out of the wrong description of the price of goods,products or services; (7)Arising out of any violation of any intellectual property rights such as copyright,patent,trademark,trade name,trade secret,service mark or other designation of origin or authenticity. However,this exclusion does not apply to infringement,in your "advertisement",of (a)Copyright; (b)Slogan,unless the slogan is also a trademark,trade name,service mark or other designation of origin or authenticity;or (c)Title of any literary or artistic work; (8)Arising out of an offense committed by an insured whose business is: (a)Advertising,broadcasting, publishing or telecasting; (b)Designing or determining content of web sites for others;or (c)An Internet search,access, content or service provider. However,this exclusion does not apply to Paragraphs a.,b.and c. under the definition of "personal and advertising injury"in Section G.– Liability And Medical Expenses Definitions. For the purposes of this exclusion, placing an "advertisement"for or linking to others on your web site,by itself,is not considered the business of advertising,broadcasting, publishing or telecasting; (9)Arising out of an electronic chat room or bulletin board the insured hosts, owns,or over which the insured exercises control; (10)Arising out of the unauthorized use of another's name or product in your e-mail address,domain name or metatags,or any other similar tactics to mislead another's potential customers; (11)Arising out of the violation of a person's right of privacy created by any state or federal act. However,this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act; (12)Arising out of: (a)An "advertisement"for others on your web site; (b)Placing a link to a web site of others on your web site; (c)Content from a web site of others displayed within a frame or border on your web site.Content includes information,code,sounds,text, graphics or images;or (d)Computer code,software or programming used to enable: (i)Your web site;or (ii)The presentation or functionality of an "advertisement"or other content on your web site; BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 9 of 24 (13)Arising out of a violation of any anti- trust law; (14)Arising out of the fluctuation in price or value of any stocks,bonds or other securities;or (15)Arising out of discrimination or humiliation committed by or at the direction of any "executive officer", director,stockholder,partner or member of the insured. q.Electronic Data Damages arising out of the loss of,loss of use of,damage to,corruption of,inability to access,or inability to manipulate "electronic data". r.Employment-Related Practices "Bodily injury"or "personal and advertising injury"to: (1)A person arising out of any: (a)Refusal to employ that person; (b)Termination of that person's employment;or (c)Employment-related practices, policies,acts or omissions,such as coercion,demotion,evaluation, reassignment,discipline, defamation,harassment,humiliation or discrimination directed at that person;or (2)The spouse,child,parent,brother or sister of that person as a consequence of "bodily injury"or "personal and advertising injury"to the person at whom any of the employment-related practices described in Paragraphs (a),(b),or (c) above is directed. This exclusion applies: (1)Whether the insured may be liable as an employer or in any other capacity; and (2)To any obligation to share damages with or repay someone else who must pay damages because of the injury. s.Asbestos (1)"Bodily injury","property damage"or "personal and advertising injury" arising out of the "asbestos hazard". (2)Any damages,judgments,settlements, loss,costs or expenses that: (a)May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b)Arise out of any request,demand, order or statutory or regulatory requirement that any insured or others test for,monitor,clean up, remove,encapsulate,contain, treat,detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard";or (c)Arise out of any claim or suit for damages because of testing for, monitoring,cleaning up,removing, encapsulating,containing,treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". t.Violation Of Statutes That Govern E- Mails,Fax,Phone Calls Or Other Methods Of Sending Material Or Information "Bodily injury","property damage",or "personal and advertising injury"arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1)The Telephone Consumer Protection Act (TCPA),including any amendment of or addition to such law; (2)The CAN-SPAM Act of 2003,including any amendment of or addition to such law;or (3)Any statute,ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003,that prohibits or limits the sending,transmitting,communicating or distribution of material or information. Damage To Premises Rented To You – Exception For Damage By Fire,Lightning or Explosion Exclusions c.through h.and k.through o.do not apply to damage by fire,lightning or explosion to premises rented to you or temporarily occupied by you with permission of the owner.A separate Limit of Insurance applies to this coverage as described in Section D.-Liability And Medical Expenses Limits Of Insurance. BUSINESS LIABILITY COVERAGE FORM Page 10 of 24 Form SS 00 08 04 05 2.Applicable To Medical Expenses Coverage We will not pay expenses for "bodily injury": a.Any Insured To any insured,except "volunteer workers". b.Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c.Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d.Workers'Compensation And Similar Laws To a person,whether or not an "employee"of any insured,if benefits for the "bodily injury"are payable or must be provided under a workers'compensation or disability benefits law or a similar law. e.Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games,sports or athletic contests. f.Products-Completed Operations Hazard Included with the "products-completed operations hazard". g.Business Liability Exclusions Excluded under Business Liability Coverage. C.WHO IS AN INSURED 1.If you are designated in the Declarations as: a.An individual,you and your spouse are insureds,but only with respect to the conduct of a business of which you are the sole owner. b.A partnership or joint venture,you are an insured.Your members,your partners,and their spouses are also insureds,but only with respect to the conduct of your business. c.A limited liability company,you are an insured.Your members are also insureds, but only with respect to the conduct of your business.Your managers are insureds,but only with respect to their duties as your managers. d.An organization other than a partnership, joint venture or limited liability company,you are an insured.Your "executive officers"and directors are insureds,but only with respect to their duties as your officers or directors. Your stockholders are also insureds,but only with respect to their liability as stockholders. e.A trust,you are an insured.Your trustees are also insureds,but only with respect to their duties as trustees. 2.Each of the following is also an insured: a.Employees And Volunteer Workers Your "volunteer workers"only while performing duties related to the conduct of your business,or your "employees",other than either your "executive officers"(if you are an organization other than a partnership,joint venture or limited liability company)or your managers (if you are a limited liability company),but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However,none of these "employees"or "volunteer workers"are insureds for: (1)"Bodily injury"or "personal and advertising injury": (a)To you,to your partners or members (if you are a partnership or joint venture),to your members (if you are a limited liability company),or to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business,or to your other "volunteer workers"while performing duties related to the conduct of your business; (b)To the spouse,child,parent, brother or sister of that co- "employee"or that "volunteer worker"as a consequence of Paragraph (1)(a)above; (c)For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a)or (b)above;or (d)Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services,Paragraph (d)does not apply to any nurse,emergency medical technician or paramedic employed by you to provide such services. (2)"Property damage"to property: (a)Owned,occupied or used by, BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 11 of 24 (b)Rented to,in the care,custody or control of,or over which physical control is being exercised for any purpose by you,any of your "employees","volunteer workers", any partner or member (if you are a partnership or joint venture),or any member (if you are a limited liability company). b.Real Estate Manager Any person (other than your "employee"or "volunteer worker"),or any organization while acting as your real estate manager. c.Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die,but only: (1)With respect to liability arising out of the maintenance or use of that property;and (2)Until your legal representative has been appointed. d.Legal Representative If You Die Your legal representative if you die,but only with respect to duties as such.That representative will have all your rights and duties under this insurance. e.Unnamed Subsidiary Any subsidiary and subsidiary thereof,of yours which is a legally incorporated entity of which you own a financial interest of more than 50%of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3.Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership,joint venture or limited liability company,and over which you maintain financial interest of more than 50%of the voting stock,will qualify as a Named Insured if there is no other similar insurance available to that organization.However: a.Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period,whichever is earlier;and b.Coverage under this provision does not apply to: (1)"Bodily injury"or "property damage" that occurred;or (2)"Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4.Operator Of Mobile Equipment With respect to "mobile equipment"registered in your name under any motor vehicle registration law,any person is an insured while driving such equipment along a public highway with your permission.Any other person or organization responsible for the conduct of such person is also an insured,but only with respect to liability arising out of the operation of the equipment,and only if no other insurance of any kind is available to that person or organization for this liability. However,no person or organization is an insured with respect to: a."Bodily injury"to a co-"employee"of the person driving the equipment;or b."Property damage"to property owned by, rented to,in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5.Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge,any person is an insured while operating such watercraft with your permission.Any other person or organization responsible for the conduct of such person is also an insured,but only with respect to liability arising out of the operation of the watercraft,and only if no other insurance of any kind is available to that person or organization for this liability. However,no person or organization is an insured with respect to: a."Bodily injury"to a co-"employee"of the person operating the watercraft;or b."Property damage"to property owned by, rented to,in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6.Additional Insureds When Required By Written Contract,Written Agreement Or Permit The person(s)or organization(s)identified in Paragraphs a.through f.below are additional insureds when you have agreed,in a written BUSINESS LIABILITY COVERAGE FORM Page 12 of 24 Form SS 00 08 04 05 contract,written agreement or because of a permit issued by a state or political subdivision,that such person or organization be added as an additional insured on your policy,provided the injury or damage occurs subsequent to the execution of the contract or agreement,or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. However,no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by an endorsement issued by us and made a part of this Coverage Part, including all persons or organizations added as additional insureds under the specific additional insured coverage grants in Section F.–Optional Additional Insured Coverages. a.Vendors Any person(s)or organization(s)(referred to below as vendor),but only with respect to "bodily injury"or "property damage"arising out of "your products"which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury"or "property damage"included within the "products-completed operations hazard". (1)The insurance afforded to the vendor is subject to the following additional exclusions: This insurance does not apply to: (a)"Bodily injury"or "property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b)Any express warranty unauthorized by you; (c)Any physical or chemical change in the product made intentionally by the vendor; (d)Repackaging,except when unpacked solely for the purpose of inspection,demonstration,testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e)Any failure to make such inspections,adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business,in connection with the distribution or sale of the products; (f)Demonstration,installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g)Products which,after distribution or sale by you,have been labeled or relabeled or used as a container,part or ingredient of any other thing or substance by or for the vendor;or (h)"Bodily injury"or "property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf.However,this exclusion does not apply to: (i)The exceptions contained in Subparagraphs (d)or (f);or (ii)Such inspections,adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business,in connection with the distribution or sale of the products. (2)This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient,part or container, entering into,accompanying or containing such products. b.Lessors Of Equipment (1)Any person or organization from whom you lease equipment;but only with respect to their liability for "bodily injury","property damage"or "personal and advertising injury" caused,in whole or in part,by your maintenance,operation or use of equipment leased to you by such person or organization. BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 13 of 24 (2)With respect to the insurance afforded to these additional insureds,this insurance does not apply to any "occurrence"which takes place after you cease to lease that equipment. c.Lessors Of Land Or Premises (1)Any person or organization from whom you lease land or premises,but only with respect to liability arising out of the ownership,maintenance or use of that part of the land or premises leased to you. (2)With respect to the insurance afforded to these additional insureds,this insurance does not apply to: (a)Any "occurrence"which takes place after you cease to lease that land or be a tenant in that premises;or (b)Structural alterations,new construction or demolition operations performed by or on behalf of such person or organization. d.Architects,Engineers Or Surveyors (1)Any architect,engineer,or surveyor,but only with respect to liability for "bodily injury","property damage"or "personal and advertising injury"caused,in whole or in part,by your acts or omissions or the acts or omissions of those acting on your behalf: (a)In connection with your premises; or (b)In the performance of your ongoing operations performed by you or on your behalf. (2)With respect to the insurance afforded to these additional insureds,the following additional exclusion applies: This insurance does not apply to "bodily injury","property damage"or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you,including: (a)The preparing,approving,or failure to prepare or approve, maps,shop drawings,opinions, reports,surveys,field orders, change orders,designs or drawings and specifications;or (b)Supervisory,inspection, architectural or engineering activities. e.Permits Issued By State Or Political Subdivisions (1)Any state or political subdivision,but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. (2)With respect to the insurance afforded to these additional insureds,this insurance does not apply to: (a)"Bodily injury","property damage" or "personal and advertising injury"arising out of operations performed for the state or municipality;or (b)"Bodily injury"or "property damage" included within the "products- completed operations hazard". f.Any Other Party (1)Any other person or organization who is not an insured under Paragraphs a. through e.above,but only with respect to liability for "bodily injury", "property damage"or "personal and advertising injury"caused,in whole or in part,by your acts or omissions or the acts or omissions of those acting on your behalf: (a)In the performance of your ongoing operations; (b)In connection with your premises owned by or rented to you;or (c)In connection with "your work"and included within the "products- completed operations hazard",but only if (i)The written contract or written agreement requires you to provide such coverage to such additional insured;and (ii)This Coverage Part provides coverage for "bodily injury"or "property damage"included within the "products- completed operations hazard". (2)With respect to the insurance afforded to these additional insureds,this insurance does not apply to: "Bodily injury","property damage"or "personal and advertising injury" arising out of the rendering of,or the failure to render,any professional architectural,engineering or surveying services,including: BUSINESS LIABILITY COVERAGE FORM Page 14 of 24 Form SS 00 08 04 05 (a)The preparing,approving,or failure to prepare or approve, maps,shop drawings,opinions, reports,surveys,field orders, change orders,designs or drawings and specifications;or (b)Supervisory,inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D.–Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E.–Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D.LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1.The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a.Insureds; b.Claims made or "suits"brought;or c.Persons or organizations making claims or bringing "suits". 2.Aggregate Limits The most we will pay for: a.Damages because of "bodily injury"and "property damage"included in the "products-completed operations hazard"is the Products-Completed Operations Aggregate Limit shown in the Declarations. b.Damages because of all other "bodily injury","property damage"or "personal and advertising injury",including medical expenses,is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location"means premises involving the same or connecting lots,or premises whose connection is interrupted only by a street,roadway or right-of-way of a railroad. This General Aggregate limit does not apply to "property damage"to premises while rented to you or temporarily occupied by you with permission of the owner,arising out of fire,lightning or explosion. 3.Each Occurrence Limit Subject to 2.a.or 2.b above,whichever applies,the most we will pay for the sum of all damages because of all "bodily injury", "property damage"and medical expenses arising out of any one "occurrence"is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury"sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4.Personal And Advertising Injury Limit Subject to 2.b.above,the most we will pay for the sum of all damages because of all "personal and advertising injury"sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5.Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage"to any one premis es,while rented to you,or in the case of damage by fire, lightning or explosion,while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire,lightning or explosion,the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event,whether such damage results from fire,lightning or explosion or any combination of these. 6.How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a.The limits of insurance specified in a written contract,written agreement or permit issued by a state or political subdivision;or b.The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 15 of 24 If more than one limit of insurance under this policy and any endorsements attached thereto applies to any claim or "suit",the most we will pay under this policy and the endorsements is the single highest limit of liability of all coverages applicable to such claim or "suit".However,this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3.above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months,starting with the beginning of the policy period shown in the Declarations,unless the policy period is extended after issuance for an additional period of less than 12 months.In that case,the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E.LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1.Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2.Duties In The Event Of Occurrence, Offense,Claim Or Suit a.Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence"or an offense which may result in a claim.To the extent possible,notice should include: (1)How,when and where the "occurrence" or offense took place; (2)The names and addresses of any injured persons and witnesses;and (3)The nature and location of any injury or damage arising out of the "occurrence"or offense. b.Notice Of Claim If a claim is made or "suit"is brought against any insured,you or any additional insured must: (1)Immediately record the specifics of the claim or "suit"and the date received; and (2)Notify us as soon as practicable. You or any additional insured must see to it that we receive a written notice of the claim or "suit"as soon as practicable. c.Assistance And Cooperation Of The Insured You and any other involved insured must: (1)Immediately send us copies of any demands,notices,summonses or legal papers received in connection with the claim or "suit"; (2)Authorize us to obtain records and other information; (3)Cooperate with us in the investigation, settlement of the claim or defense against the "suit";and (4)Assist us,upon our request,in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d.Obligations At The Insured's Own Cost No insured will,except at that insured's own cost,voluntarily make a payment,assume any obligation,or incur any expense,other than for first aid,without our consent. e.Additional Insured's Other Insurance If we cover a claim or "suit"under this Coverage Part that may also be covered by other insurance available to an additional insured,such additional insured must submit such claim or "suit"to the other insurer for defense and indemnity. However,this provision does not apply to the extent that you have agreed in a written contract,written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance. f.Knowledge Of An Occurrence,Offense, Claim Or Suit Paragraphs a.and b.apply to you or to any additional insured only when such "occurrence",offense,claim or "suit"is known to: (1)You or any additional insured that is an individual; (2)Any partner,if you or an additional insured is a partnership; (3)Any manager,if you or an additional insured is a limited liability company; (4)Any "executive officer"or insurance manager,if you or an additional insured is a corporation; (5)Any trustee,if you or an additional insured is a trust;or (6)Any elected or appointed offic ial,if you or an additional insured is a political subdivision or public entity. BUSINESS LIABILITY COVERAGE FORM Page 16 of 24 Form SS 00 08 04 05 This Paragraph f.applies separately to you and any additional insured. 3.Financial Responsibility Laws a.When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law,the insurance provided by the policy for "bodily injury" liability and "property damage"liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b.With respect to "mobile equipment"to which this insurance applies,we will provide any liability,uninsured motorists, underinsured motorists,no-fault or other coverage required by any motor vehicle law.We will provide the required limits for those coverages. 4.Legal Action Against Us No person or organization has a right under this Coverage Form: a.To join us as a party or otherwise bring us into a "suit"asking for damages from an insured;or b.To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured;but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance.An agreed settlement means a settlement and release of liability signed by us,the insured and the claimant or the claimant's legal representative. 5.Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured,this insurance applies: a.As if each Named Insured were the only Named Insured;and b.Separately to each insured against whom a claim is made or "suit"is brought. 6.Representations a.When You Accept This Policy By accepting this policy,you agree: (1)The statements in the Declarations are accurate and complete; (2)Those statements are based upon representations you made to us;and (3)We have issued this policy in reliance upon your representations. b.Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part,we shall not deny any coverage under this Coverage Part because of such failure. 7.Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part,our obligations are limited as follows: a.Primary Insurance This insurance is primary except when b. below applies.If other insurance is also primary,we will share with all that other insurance by the method described in c. below. b.Excess Insurance This insurance is excess over any of the other insurance,whether primary,excess, contingent or on any other basis: (1)Your Work That is Fire,Extended Coverage, Builder's Risk,Installation Risk or similar coverage for "your work"; (2)Premises Rented To You That is fire,lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3)Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage"to premises rented to you or temporarily occupied by you with permission of the owner; (4)Aircraft,Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft,"autos"or watercraft to the extent not subject to Exclusion g.of Section A.–Coverages. (5)Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage"to borrowed equipment or the use of elevators to the extent not subject to Exclusion k.of Section A.– Coverages. BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 17 of 24 (6)When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations,or products and completed operations,for which you have been added as an additional insured by that insurance;or (7)When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However,the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a)Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary.If other insurance is also primary,we will share with all that other insurance by the method described in c. below. (b)Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract,written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance,this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a)and (b)do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess,we will have no duty under this Coverage Part to defend the insured against any "suit"if any other insurer has a duty to defend the insured against that "suit".If no other insurer defends,we will undertake to do so,but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance,we will pay only our share of the amount of the loss,if any,that exceeds the sum of: (1)The total amount that all such other insurance would pay for the loss in the absence of this insurance;and (2)The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss,if any,with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c.Method Of Sharing If all the other insurance permits contribution by equal shares,we will follow this method also.Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares,we will contribute by limits.Under this method,each insurer’s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8.Transfer Of Rights Of Recovery Against Others To Us a.Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment,including Supplementary Payments,we have made under this Coverage Part,those rights are transferred to us.The insured must do nothing after loss to impair them.At our request,the insured will bring "suit"or transfer those rights to us and help us enforce them.This condition does not apply to Medical Expenses Coverage. b.Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments,we have made under this Coverage Part,we also waive that right,provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. BUSINESS LIABILITY COVERAGE FORM Page 18 of 24 Form SS 00 08 04 05 F.OPTIONAL ADDITIONAL INSURED COVERAGES If listed or shown as applicable in the Declarations, one or more of the following Optional Additional Insured Coverages also apply.When any of these Optional Additional Insured Coverages apply, Paragraph 6.(Additional Insureds When Required by Written Contract,Written Agreement or Permit) of Section C.,Who Is An Insured,does not apply to the person or organization shown in the Declarations.These coverages are subject to the terms and conditions applicable to Business Liability Coverage in this policy,except as provided below: 1.Additional Insured -Designated Person Or Organization WHO IS AN INSURED under Section C.is amended to include as an additional insured the person(s)or organization(s)shown in the Declarations,but only with respect to liability for "bodily injury","property damage"or "personal and advertising injury"caused,in whole or in part,by your acts or omissions or the acts or omissions of those acting on your behalf: a.In the performance of your ongoing operations;or b.In connection with your premises owned by or rented to you. 2.Additional Insured -Managers Or Lessors Of Premises a.WHO IS AN INSURED under Section C.is amended to include as an additional insured the person(s)or organization(s)shown in the Declarations as an Additional Insured - Designated Person Or Organization;but only with respect to liability arising out of the ownership,maintenance or use of that part of the premises leased to you and shown in the Declarations. b.With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to: (1)Any "occurrence"which takes place after you cease to be a tenant in that premises;or (2)Structural alterations,new construction or demolition operations performed by or on behalf of such person or organization. 3.Additional Insured -Grantor Of Franchise WHO IS AN INSURED under Section C.is amended to include as an additional insured the person(s)or organization(s)shown in the Declarations as an Additional Insured - Grantor Of Franchise,but only with respect to their liability as grantor of franchise to you. 4.Additional Insured -Lessor Of Leased Equipment a.WHO IS AN INSURED under Section C.is amended to include as an additional insured the person(s)or organization(s) shown in the Declarations as an Additional Insured –Lessor of Leased Equipment, but only with respect to liability for "bodily injury","property damage"or "personal and advertising injury"caused,in whole or in part,by your maintenance,operation or use of equipment leased to you by such person(s)or organization(s). b.With respect to the insurance afforded to these additional insureds,this insurance does not apply to any "occurrence"which takes place after you cease to lease that equipment. 5.Additional Insured -Owners Or Other Interests From Whom Land Has Been Leased a.WHO IS AN INSURED under Section C.is amended to include as an additional insured the person(s)or organization(s) shown in the Declarations as an Additional Insured –Owners Or Other Interests From Whom Land Has Been Leased,but only with respect to liability arising out of the ownership,maintenance or use of that part of the land leased to you and shown in the Declarations. b.With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to: (1)Any "occurrence"that takes place after you cease to lease that land;or (2)Structural alterations,new construction or demolition operations performed by or on behalf of such person or organization. 6.Additional Insured -State Or Political Subdivision –Permits a.WHO IS AN INSURED under Section C.is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 19 of 24 Insured –State Or Political Subdivision - Permits,but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. b.With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to: (1)"Bodily injury","property damage"or "personal and advertising injury" arising out of operations performed for the state or municipality;or (2)"Bodily injury"or "property damage" included in the "product-completed operations"hazard. 7.Additional Insured –Vendors a.WHO IS AN INSURED under Section C.is amended to include as an additional insured the person(s)or organization(s) (referred to below as vendor)shown in the Declarations as an Additional Insured - Vendor,but only with respect to "bodily injury"or "property damage"arising out of "your products"which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury"or "property damage"included within the "products-completed operations hazard". b.The insurance afforded to the vendor is subject to the following additional exclusions: (1)This insurance does not apply to: (a)"Bodily injury"or "property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b)Any express warranty unauthorized by you; (c)Any physical or chemical change in the product made intentionally by the vendor; (d)Repackaging,unless unpacked solely for the purpose of inspection, demonstration,testing,or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e)Any failure to make such inspections,adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business,in connection with the distribution or sale of the products; (f)Demonstration,installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g)Products which,after distribution or sale by you,have been labeled or relabeled or used as a container,part or ingredient of any other thing or substance by or for the vendor;or (h)"Bodily injury"or "property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf.However,this exclusion does not apply to: (i)The exceptions contained in Subparagraphs (d)or (f);or (ii)Such inspections, adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business,in connection with the distribution or sale of the products. (2)This insurance does not apply to any insured person or organization from whom you have acquired such products,or any ingredient,part or container,entering into, accompanying or containing such products. 8.Additional Insured –Controlling Interest WHO IS AN INSURED under Section C.is amended to include as an additional insured the person(s)or organization(s)shown in the Declarations as an Additional Insured – Controlling Interest,but only with respect to their liability arising out of: a.Their financial control of you;or b.Premises they own,maintain or control while you lease or occupy these premises. BUSINESS LIABILITY COVERAGE FORM Page 20 of 24 Form SS 00 08 04 05 This insurance does not apply to structural alterations,new construction and demolition operations performed by or for that person or organization. 9.Additional Insured –Owners,Lessees Or Contractors –Scheduled Person Or Organization a.WHO IS AN INSURED under Section C.is amended to include as an additional insured the person(s)or organization(s) shown in the Declarations as an Additional Insured –Owner,Lessees Or Contractors, but only with respect to liability for "bodily injury","property damage"or "personal and advertising injury"caused,in whole or in part,by your acts or omissions or the acts or omissions of those acting on your behalf: (1)In the performance of your ongoing operations for the additional insured(s);or (2)In connection with "your work" performed for that additional insured and included within the "products- completed operations hazard",but only if this Coverage Part provides coverage for "bodily injury"or "property damage"included within the "products-completed operations hazard". b.With respect to the insurance afforded to these additional insureds,this insurance does not apply to "bodily injury","property damage"or "personal an advertising injury"arising out of the rendering of,or the failure to render,any professional architectural,engineering or surveying services,including: (1)The preparing,approving,or failure to prepare or approve,maps,shop drawings,opinions,reports,surveys, field orders,change orders,designs or drawings and specifications;or (2)Supervisory,inspection,architectural or engineering activities. 10.Additional Insured –Co-Owner Of Insured Premises WHO IS AN INSURED under Section C.is amended to include as an additional insured the person(s)or Organization(s)shown in the Declarations as an Additional Insured –Co- Owner Of Insured Premises,but only with respect to their liability as co-owner of the premises shown in the Declarations. The limits of insurance that apply to additional insureds are described in Section D.–Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E.– Liability And Medical Expenses General Conditions. G.LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1."Advertisement"means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a.(1)Radio; (2)Television; (3)Billboard; (4)Magazine; (5)Newspaper; b.The Internet,but only that part of a web site that is about goods,products or services for the purposes of inducing the sale of goods,products or services;or c.Any other publication that is given widespread public distribution. However,"advertisement"does not include: a.The design,printed material,information or images contained in,on or upon the packaging or labeling of any goods or products;or b.An interactive conversation between or among persons through a computer network. 2."Advertising idea"means any idea for an "advertisement". 3."Asbestos hazard"means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4."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". 5."Bodily injury"means physical: a.Injury; b.Sickness;or c.Disease sustained by a person and,if arising out of the above,mental anguish or death at any time. 6."Coverage territory"means: BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 21 of 24 a.The United States of America (including its territories and possessions),Puerto Rico and Canada; b.International waters or airspace,but only if the injury or damage occurs in the course of travel or transportation between any places included in a.above; c.All other parts of the world if the injury or damage arises out of: (1)Goods or products made or sold by you in the territory described in a.above; (2)The activities of a person whose home is in the territory described in a. above,but is away for a short time on your business;or (3)"Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions),Puerto Rico or Canada,in a "suit"on the merits according to the substantive law in such territory,or in a settlement we agree to. 7."Electronic data"means information,facts or programs: a.Stored as or on; b.Created or used on;or c.Transmitted to or from computer software,including systems and applications software,hard or floppy disks, CD-ROMS,tapes,drives,cells,data processing devices or any other media which are used with electronically controlled equipment. 8."Employee"includes a "leased worker". "Employee"does not include a "temporary worker". 9."Executive officer"means a person holding any of the officer positions created by your charter,constitution,by-laws or any other similar governing document. 10."Hostile fire"means one which becomes uncontrollable or breaks out from where it was intended to be. 11."Impaired property"means tangible property, other than "your product"or "your work",that cannot be used or is less useful because: a.It incorporates "your product"or "your work" that is known or thought to be defective, deficient,inadequate or dangerous;or b.You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a.The repair,replacement,adjustment or removal of "your product"or "your work"; or b.Your fulfilling the terms of the contract or agreement. 12."Insured contract"means: a.A contract for a lease of premises. However,that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to p remises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You limit described in Section D.–Liability and Medical Expenses Limits of Insurance. b.A sidetrack agreement; c.Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d.Any obligation,as required by ordinance, to indemnify a municipality,except in connection with work for a municipality; e.An elevator maintenance agreement;or f.That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality)under which you assume the tort liability of another party to pay for "bodily injury"or "property damage"to a third person or organization, provided the "bodily injury"or "property damage"is caused,in whole or in part,by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.includes that part of any contract or agreement that indemnifies a railroad for "bodily injury"or "property damage"arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle,tracks,road-beds,tunnel, underpass or crossing. However,Paragraph f.does not include that part of any contract or agreement: BUSINESS LIABILITY COVERAGE FORM Page 22 of 24 Form SS 00 08 04 05 (1)That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a)Preparing,approving or failing to prepare or approve maps,shop drawings,opinions,reports, surveys,field orders,change orders,designs or drawings and specifications;or (b)Giving directions or instructions, or failing to give them,if that is the primary cause of the injury or damage;or (2)Under which the insured,if an architect,engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services,including those lis ted in (1)above and supervisory, inspection,architectural or engineering activities. 13."Leased worker"means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm,to perform duties related to the conduct of your business."Leased worker"does not include a "temporary worker". 14."Loading or unloading"means the handling of property: a.After it is moved from the place where it is accepted for movement into or onto an aircraft,watercraft or "auto"; b.While it is in or on an aircraft,watercraft or "auto";or c.While it is being moved from an aircraft, watercraft or "auto"to the place where it is finally delivered; but "loading or unloading"does not include the movement of property by means of a mechanical device,other than a hand truck,that is not attached to the aircraft,watercraft or "auto". 15."Mobile equipment"means any of the following types of land vehicles,including any attached machinery or equipment: a.Bulldozers,farm machinery,forklifts and other vehicles designed for use principally off public roads; b.Vehicles maintained for use solely on or next to premises you own or rent; c.Vehicles that travel on crawler treads; d.Vehicles,whether self-propelled or not,on which are permanently mounted: (1)Power cranes,shovels,loaders, diggers or drills;or (2)Road construction or resurfacing equipment such as graders,scrapers or rollers; e.Vehicles not described in a.,b.,c.,or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1)Air compressors,pumps and generators,including spraying, welding,building cleaning, geophysical exploration,lighting and well servicing equipment;or (2)Cherry pickers and similar devices used to raise or lower workers; f.Vehicles not described in a.,b.,c.,or d. above maintained primarily for purposes other than the transportation of persons or cargo. However,self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment"but will be considered "autos": (1)Equipment,of at least 1,000 pounds gross vehicle weight,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. 16."Occurrence"means an accident,including continuous or repeated exposure to substantially the same general harmful conditions. 17."Personal and advertising injury"means injury, including consequential "bodily injury",arising out of one or more of the following offenses: a.False arrest,detention or imprisonment; b.Malicious prosecution; BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 Page 23 of 24 c.The wrongful eviction from,wrongful entry into,or invasion of the right of private occupancy of a room,dwelling or premises that the person occupies, committed by or on behalf of its owner, landlord or lessor; d.Oral,written or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods,products or services; e.Oral,written or electronic publication of material that violates a person's right of privacy; f.Copying,in your "advertisement",a person’s or organization’s "advertising idea"or style of "advertisement"; g.Infringement of copyright,slogan,or title of any literary or artistic work,in your "advertisement";or h.Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 18."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. 19."Products-completed operations hazard"; a.Includes all "bodily injury"and "property damage"occurring away from premises you own or rent and arising out of "your product"or "your work"except: (1)Products that are still in your physical possession;or (2)Work that has not yet been completed or abandoned.However,"your work" will be deemed to be completed at the earliest of the following times: (a)When all of the work called for in your contract has been completed. (b)When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c)When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service,maintenance, correction,repair or replacement,but which is otherwise complete,will be treated as completed. The "bodily injury"or "property damage" must occur away from premises you own or rent,unless your business includes the selling,handling or distribution of "your product"for consumption on premises you own or rent. b.Does not include "bodily injury"or "property damage"arising out of: (1)The transportation of property,unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you,and that condition was created by the "loading or unloading"of that vehicle by any insured;or (2)The existence of tools,uninstalled equipment or abandoned or unused materials. 20."Property damage"means: a.Physical injury to tangible property, including all resulting loss of use of that property.All such loss of use shall be deemed to occur at the time of the physical injury that caused it;or b.Loss of use of tangible property that is not physically injured.All such loss of use shall be deemed to occur at the time of "occurrence"that caused it. As used in this definition,"electronic data"is not tangible property. 21."Suit"means a civil proceeding in which damages because of "bodily injury","property damage"or "personal and advertising injury" to which this insurance applies are alleged. "Suit"includes: a.An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent;or b.Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22."Temporary worker"means a person who is furnished to you to substitute for a permanent "employee"on leave or to meet seasonal or short-term workload conditions. 23."Volunteer worker"means a person who: a.Is not your "employee"; BUSINESS LIABILITY COVERAGE FORM Page 24 of 24 Form SS 00 08 04 05 b.Donates his or her work; c.Acts at the direction of and within the scope of duties determined by you;and d.Is not paid a fee,salary or other compensation by you or anyone else for their work performed for you. 24."Your product": a.Means: (1)Any goods or products,other than real property,manufactured,sold,handled, distributed or disposed of by: (a)You; (b)Others trading under your name; or (c)A person or organization whose business or assets you have acquired;and (2)Containers (other than vehicles), materials,parts or equipment furnished in connection with such goods or products. b.Includes: (1)Warranties or representations made at any time with respect to the fitness, quality,durability,performance or use of "your product";and (2)The providing of or failure to provide warnings or instructions. c.Does not include vending machines or other property rented to or located for the use of others but not sold. 25."Your work": a.Means: (1)Work or operations performed by you or on your behalf;and (2)Materials,parts or equipment furnished in connection with such work or operations. b.Includes: (1)Warranties or representations made at any time with respect to the fitness, quality,durability,performance or use of "your work";and (2)The providing of or failure to provide warnings or instructions. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SS 00 60 09 15 Page 1 of 2 Page 2 of 2 Form SS 00 60 09 15 (2)The spouse,child,parent,brother or sister of that person as a consequence of "personal and advertising injury"to that person at whom any "employment-related practices"are directed. This exclusion applies: (a)Whether the injury-causing event described in the definition of "employment-related practices" occurs before employment,during employment or after employment of that person; (b)Whether the insured may be liable as an employer or in any other capacity; and (c)To any obligation to share damages with or repay someone else who must pay damages because of the injury. C.Subparagraph 1.q."Electronic Data"of Section B. Exclusions is deleted and replaced with the following: q.Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability (1)Damages,other than damages because of "personal and advertising injury", arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents,trade secrets, processing methods,customer lists, financial information,credit card information,health information or any other type of nonpublic information;or (2)Damages arising out of the loss of,loss of use of,damage to,corruption of,inability to access,or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs,credit monitoring expenses,forensic expenses,public relations expenses or any other loss,cost or expense incurred by you or others arising out of that which is described in Paragraph (1)or (2)above. However,unless Paragraph (1)above applies,this exclusion does not apply to damages because of "bodily injury". As used in this exclusion,electronic data means information,facts or computer programs stored as or on,created or used on,or transmitted to or from computer software (including systems and applications software),on hard or floppy disks, CD-ROMs,tapes,drives,cells,data processing devices or any other repositories of computer software which are used with electronically controlled equipment.The term computer programs,referred to in the foregoing description of electronic data,means a set of related electronic instructions which direct the operations and functions of a computer or device connected to it,which enable the computer or device to receive,process,store,retrieve or send data. D.Sub-subparagraph 7.b.(1)Other Insurance of Section E.Liability and Medical Expenses General Conditions is deleted and replaced with the following: b.Excess Insurance (1)Your Work That is Fire,Extended Coverage,Builder's Risk,Installation Risk,Owner Controlled Insurance Program or OCIP,W rap Up Insurance or similar coverage for "your work". E.Subparagraph 17.c."Personal and Advertising Injury"of Section G,Liability and Medical Expenses Definitions is deleted and replaced with the following: "Personal and advertising injury"means injury, including consequential "bodily injury",arising out of one or more of the following offenses: c.The wrongful eviction from,wrongful entry into,or invasion of the right of private occupancy of a room,dwelling or premises that a person or organization occupies, committed by or on behalf of its owner, landlord or lessor; F.Subparagraph 17.h.of Section G,Liability and Medical Expenses Definitions deleted. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SS 00 61 07 19 Page 1 of 3 ©2019,The Hartford Page 2 of 3 Form SS 00 61 07 19 This exclusion does not apply to Electronic Vandalism,form SS 14 29 or Electronic Vandalism,form SS 40 08 if either form has been made part of this policy. (1)Destruction or corruption of "electronic data"caused by a virus,malicious code or similar instruction introduced into or enacted on a computer system (including "electronic data")or a network to which it is connected, designed to damage or destroy any part of the system or disrupt its normal operation. (2)Unauthorized viewing,copying or use of electronic data (or any proprietary or confidential information or intellectual property in any form)by any person,even if such activity is characterized as "theft"; (3)Errors or omissions in programming or processing "electronic data"; (4)Errors or deficiency in design, installation,maintenance,repair or modification of your computer system or any computer system or network to which your system is connected or on which your system depends (including "electronic data"); (5)Manipulation of your computer system,including "electronic data",by an employee,volunteer worker or contractor,for the purpose of diverting or destroying "electronic data"or causing fraudulent or illegal transfer of any property; (6)Interruption in normal computer function or network service or function due to insufficient capacity to process transactions or to an overload of activity on the system or network; (7)Unexplained or indeterminable failure, malfunction or slowdown of a computer system,including "electronic data"and the inability to access or properly manipulate the "electronic data"; (8)Complete or substantial failure, disablement or shutdown of the Internet,regardless of the cause; (9)The inability of a computer system to correctly recognize,process, distinguish,interpret or accept one or more dates or times. But if direct physical loss or direct physical damage occurs to Covered Property from a resulting Covered Cause of Loss,we will pay for that resulting direct physical loss or direct physical damage.Mere loss of use or loss of functionality of any property is not considered physical loss or physical damage. 3.Paragraph 2.is deleted and replaced with the following: We will not pay for loss or damage caused by or resulting from: a.Consequential Losses:Delay,loss of use or loss of market. b.Smoke,Vapor,Gas:Smoke,vapor or gas from agricultural smudging or industrial operations. c.Miscellaneous Types of Loss: (1)Wear and tear; (2)Rust,corrosion,fungus,decay, deterioration,hidden or latent defect or any quality in property that causes it to damage or destroy itself; (3)Smog; (4)Settling,cracking,shrinking or expansion; (5)Nesting or infestation,or discharge or release of waste products or secretions,by insects,birds,rodents, mold,spore or other animals; (6)The following causes of loss to personal property: (a)Dampness or dryness of atmosphere; (b)Changes in or extremes of temperature;or (c)Marring or scratching. But if physical loss or physical damage by the "specified causes of loss",building glass breakage or Equipment Breakdown Accident results,we will pay for that resulting physical loss or physical damage. d.Frozen Plumbing:Water,other liquids, powder or molten material that leaks or flows from plumbing,heating,air conditioning or other equipment (except fire protective systems)caused by or resulting from freezing,unless: (1)You do your best to maintain heat in the building or structure;or (2)You drain the equipment and shut off the supply if the heat is not maintained. e.Dishonesty:Dishonest or criminal act by you,any of your partners,"members", officers,"managers",employees, Form SS 00 61 07 19 Page 3 of 3 directors,trustees,authorized representatives or anyone to whom you entrust the property for any purpose: (1)Acting alone or in collusion with others;or (2)Whether or not occurring during the hours of employment. This exclusion does not apply to acts of destruction by your employees;but theft by employees is not covered. f.False Pretense:Voluntary parting with any property by you or anyone else to whom you have entrusted the property if induced to do so by any fraudulent scheme,trick,device or false pretense. g.Exposed Property:Rain,snow,ice or sleet to personal property in the open, except as provided in the Coverage Extension for Outdoor Property. h.Collapse:Collapse,except as provided in the Additional Coverage for Collapse.But if loss or damage by a Covered Cause of Loss results at the "scheduled prem ises", we will pay for that resulting loss or damage. i.Pollution:We will not pay for loss or damage caused by or resulting from the discharge,dispersal,seepage,migration, release or escape of "pollutants and contaminants"unless the discharge, dispersal,seepage,migration,release or escape is itself caused by any of the "specified causes of loss."But if physical loss or physical damage by the "specified causes of loss"results,we will pay for the resulting physical loss or physical damage caused by the "specified cause of loss." C.Definition 4.,"Data",of Section G.,PROPERTY DEFINITIONS is deleted and replaced with the following. 4."Electronic data"means information,facts or computer programs stored as or on,created or used on,or transmitted to or from computer software (including systems and applications software),on hard or floppy disks,CD-ROMs, tapes,drives,cells,data processing devices or any other repositories of computer software which are used with electronically controlled equipment.The term computer programs, referred to in the foregoing description of electronic data,means a set of related electronic instructions which direct the operations and functions of a "computer"or device connected to it,which enable the "computer"or device to receive,process, store,retrieve or send data. "Electronic data"it is not considered physical property under this Coverage Part and is covered only as expressly provided for in this Coverage Part.Any such coverage does not indicate that "electronic data"is considered to be tangible property subject to physical loss or physical damage for purposes of any business interruption coverage or other coverage that requires physical loss or physical damage. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SS 00 64 09 16 Page 1 of 1 ©2016,The Hartford b.We will mail or deliver advance written notice of cancellation,stating the reason for cancellation,to the first Named Insured, at the mailing address shown in the policy, and to the producer of record,at least: (1)10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud,or (2)30 days before the effective date of cancellation if we cancel for any other reason listed in paragraph 3.a. B.The following provision is added to the Cancellation Common Policy Condition: 7.Residential Property This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units,and to coverage on tenants'household personal property in a residential unit,if such coverage is written under this policy: a.If such coverage has been in effect for 60 days or less,and is not a renewal of coverage we previously issued,we may cancel this coverage for any reason,except as provided in b.and c. below. b.We may not cancel solely because the first Named Insured has: (1)Accepted an offer of earthquake coverage;or (2)Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA)that included and earthquake policy premium surcharge. However,we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. c.We may not cancel such coverage solely because corrosive soil conditions exist on the premises.This restriction (c.)applies only if coverage under the Special Property Coverage Form,which excludes loss or damage caused by or resulting from corrosive soil conditions. If a state of emergency under California Law is declared and the residential property is located in any ZIP Code within or adjacent to the fire perimeter,as determined by California Law,we may not cancel this policy for one year,beginning from the date the state of emergency is declared,solely because the dwelling or other structure is located in an area in which a wild fire has occurred. However,we may cancel: a.When you have not paid the premium,at any time by letting you know at least 10 days before the date cancellation takes effect; b.If willful or grossly negligent acts or omissions by the named insured,or his or her representatives,are discovered that materially increase any of the risks insured against;or c.If there are physical changes in the property insured against, beyond the catastrophe-damaged condition of the structures and surface landscape,which result in the property becoming uninsur- able. C.The following is added and supersedes any provisions to the contrary: NONRENEWAL 1.Subject to the provisions of paragraphs C.2. and C.3.below,if we elect not to renew this policy,we will mail or deliver written notice stating the reason for nonrenewal to the first Named Insured shown in the Declarations and to the producer of record,at least 60 days but not more than 120 days,before the expiration or anniversary date. We will mail or deliver our notice to the first Named Insured,and to the producer of record, at the mailing address shown in the policy. 2.Residential Property This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units,and to coverage on tenants' household property contained in a residential unit,if such coverage is written under this policy. a.We may elect not to renew such coverage for any reason,except as provided in b.,c. and d.below: b.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 associated 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: Page 2 of 5 Form SS 01 21 02 20 (1)The nonrenewal is based on sound underwriting principles that relate to the coverages provided by this policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law; (2)The Commissioner of Insurance finds that the exposure to potential losses will threaten our solvency or place us in a hazardous condition.A hazardous condition in which we make claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least 25% for payment of those claims;or (3)We have: (a)Lost or experienced a substantial reduction in the availability or scope of reinsurance coverage;or (b)Experienced a substantial increase in the premium charged for reinsurance coverage of our residential property insurance policies;and the Commissioner has approved a plan for the nonrenewals that is fair and equitable,and that is responsive to the changes in our reinsurance position. c.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. d.We will not refuse to renew such coverage solely because corrosive soil conditions exist on the premises.This restriction (d)applies only if coverage is subject to the Special Property Coverage Form,which excludes loss or damage caused by or resulting from corrosive soil conditions. If a state of emergency under California Law is declared and the residential property is located in any ZIP Code within or adjacent to the fire perimeter,as determined by California Law,we may not nonrenew this policy for one year,beginning from the date the state of emergency is declared,solely because the dwelling or other structure is located in an area in which a wildfire has occurred. However,we may nonrenew: (1)If willful or grossly negligent acts or omissions by the named insured,or his or her representatives,are discovered that materially increase any of the risk insured against. (2)If losses unrelated to the post disaster loss condition of the property have occurred that would collectively render the risk ineligible for renewal; or (3)If there are physical changes in the property insured against,beyond the catastrophe-damaged condition of the structures and surface landscape, which result in the property becoming uninsurable. 3.We are not required to send notice of nonrenewal in the following situations: a.If the transfer or renewal of a policy, without any changes in terms,conditions, or rates,is between us and a member of our insurance group. b.If the policy has been extended for 90 days or less,provided that notice has been given in accordance with paragraph C.1. c.If you have obtained replacement coverage,or if the first Named Insured has agreed,in writing,within 60 days of the termination of the policy,to obtain that coverage. d.If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. e.If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f.If we have made a written offer to the first Named Insured,in accordance with the time frames shown in paragraph C.1.,to renew the policy under changed terms or conditions or at an increased premium rate,when the increase exceeds 25%. If there is an appraisal,we will still retain our right to deny the claim. Form SS 01 21 02 20 Page 3 of 5 D.The Concealment,Misrepresentation Or Fraud Condition is replaced by the following with respect to loss of damage caused by fire: We do not provide coverage to the insured who, whether before or after a loss,has committed fraud or intentionally concealed or misrepresented any material fact or circumstance concerning: 1.This Coverage Part; 2.The Covered Property; 3.That insured's interest in the Covered Property;or 4.A claim under this Coverage Part or Coverage Form. E.The Concealment,Misrepresentation Or Fraud Condition is replaced by the following with respect to loss of damage caused by a Covered Cause of Loss other than fire: This Coverage Part is void if any insured,whether before or after a loss,has committed fraud or intentionally concealed or misrepresented any material fact or circumstance concerning: 1.This Coverage Part; 2.The Covered Property; 3.That insured's interest in the Covered Property;or 4.A claim under this Coverage Part or Coverage Form. F.The Other Insurance -Property Coverage Condition is replaced by the following: If there is other insurance covering the same loss or damage,we will pay our share of the covered loss or damage.Our share is the proportion that the applicable limit of insurance bears to the limits of insurance of all insurance covering on same basis. G.Paragraph E.2.,Appraisal of the Standard and Special Property Form is deleted and replaced by the following: 2.If we and you disagree on the value of the property or the amount of loss,either may make written request for an appraisal of the loss.If the request is accepted,each party will select a competent and impartial appraiser. Each party shall notify the other of the appraiser selected within 20 days of the request.The two appraisers will select an umpire.If they cannot agree within 15 days, either may request that selection be made by a judge of a court having jurisdiction.The appraisers will state separately the value of the property and amount of loss.If they fail to agree,they will submit their differences to the umpire.A decision agreed to by any two will be binding.Each party will: a.Pay its chosen appraiser;and b.Bear the other expenses of the appraisal and umpire equally. If there is an appraisal,we will still retain our right to deny the claim. H.With respect to an "Open Policy",the Loss Payment Condition of the Standard and Special Property Form is amended by the following: 1.The following changes are made to Section E. PROPERTY LOSS CONDITIONS: a.Paragraph 5.d.(1)(b)of the Loss Payment condition is deleted and replaced by: (b)We will not pay on a replacement cost basis for any loss or damage until the lost or damaged property is actually repaired or replaced,and then only subject to deduction for depreciation.Prior to such repair or replacement, and in accordance with the terms applicable in this Paragraph 5., Loss Payment,we will pay the actual cash value of the lost or damaged property as described in Paragraph 2.below.If the actual cash value does not exhaust the applicable Limit of Insurance,we will then pay the difference between the actual cash value and the replacement cost, provided that the repair or replacement is completed: (i)Within 12 months after our payment of the actual cash value;or (ii)Within 36 months after our payment of the actual cash value if the loss or damage relates to a state of emergency under California Law. The following provision applies to real property which is used predominantly for residential purposes and consisting of not more than four dwelling units,and to coverage on tenants' household personal property in a residential unit. If you,acting in good faith and with reasonable diligence, encounter a delay or delays in approval for,or reconstruction of, the residence that are beyond your control,we shall provide one or more additional extensions of six months for good cause. Circumstances beyond your control include,but are not limited to: (i)Unavoidable construction permit delays; (ii)The lack of necessary construction materials;or Page 4 of 5 Form SS 01 21 02 20 (iii)The unavailability of contractors to perform the necessary work. The foregoing provisions do not constitute a waiver of our right to deny the claim for any valid reason or to restrict payment in cases of suspected fraud. 2.The following provision is added: Provision Applicable to California Actual cash value is determined as follows: a.In the event of a partial or total loss to a building or structure,actual cash value is calculated as shown below,whichever is less: (1)The amount it would cost to repair, rebuild or replace the property less a fair and reasonable deduction for physical depreciation of the components of the building or structure that are normally subject to repair or replacement during its useful life.Physical depreciation is based upon the condition of the property at the time of the loss;or (2)The limit of Insurance applicable to the property. b.In the event of a partial or total loss to Covered Property other than a building or structure,actual cash value is calculated as the lesser of the following: (1)The amount it would cost to repair or replace the property less a fair and reasonable deduction for physical depreciation,based on the condition of the property at the time of loss;or (2)The Limit of Insurance applicable to the property. I.With respect to this endorsement,the following definition is added to Section G.PROPERTY DEFINITIONS : "Open Policy"means a policy under which the value of Covered Property is not fixed at policy inception,but is determined at the time of loss in accordance with policy provisions on valuation.The term "open policy"does not apply to Covered Property that is subject to an Agreed Value clause or similar clause that establishes an agreed value prior to loss, unless such clause has expired. Form SS 01 21 02 20 Page 5 of 5 72 SBA BD5477 09/04/20 08/19/21 POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SS 42 06 03 17 Page 1 of 2 Process Date:Policy Expiration Date: Page 2 of 2 Form SS 42 06 03 17 (e)"Bodily injury"or "property damage" arising out of the operation of any of the equipment listed in Section G Liability and Medical Expenses Definitions,Paragraph 15 f.(2)or f. (3)of the definition of "mobile equipment";or (f)An aircraft (other than unmanned aircraft)that is not owned by any insured and is hired,chartered or loaned with a paid crew.However, this exception does not apply if the insured has any other insurance for such "bodily injury"or "property damage",whether the other insurance is primary,excess, contingent or on any other basis. 2.The following is added to Section B. EXCLUSIONS Paragraph p.,Personal and Advertising Injury: Unmanned Aircraft -Personal and Advertising Injury Arising out of the ownership, maintenance,use or entrustment to others of any aircraft that is an "unmanned aircraft".Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring,employment,training or monitoring of others by that insured,if the offense which caused the "personal and advertising injury"involved the ownership,maintenance,use or entrustment to others of any aircraft that is an "unmanned aircraft". However,this exclusion does not apply if the only allegation in the claim or "suit" involves an intellectual property right which is limited to: (a)Infringement,in your "advertisement",of: (i)Copyright; (ii)Slogan;or (iii)Title of any literary or artistic work;or (b)Copying,in your "advertisement",a person's or organization's "advertising idea"or style of "advertisement". B.The following changes apply to Section G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS: 1.The following definition is added: "Unmanned aircraft"means an aircraft that is not: a.Designed; b.Manufactured;or c.Modified after manufacture to be controlled directly by a person from within or on the aircraft. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SS 04 19 04 09 Page 1 of 1 ©2009,The Hartford THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SS 04 22 07 05 Page 1 of 2 ©2005,The Hartford Page 2 of 2 Form SS 04 22 07 05 f.Voluntary parting with any property whether or not induced to do so by any fraudulent scheme,trick,device or false pretense. g.Unauthorized instructions to transfer property to any person or to any place. h.Theft from any unattended vehicle unless at the time of theft its windows,doors and compartments were closed and locked and there are visible signs that the theft was the result of forced entry. But this exclusion does not apply to property in the custody of a carrier for hire. i.Processing or work performed upon the property. B.Limits of Insurance Section C.LIMITS OF INSURANCE is replaced by the following: The most we will pay for physical loss or physical damage in any one occurrence for property covered under this endorsement is the Limit of Insurance shown in the Declarations for “Fine Arts”,but no more than $25,000 for any one item of “Fine Arts”. C.Deductible We will adjust loss in any one occurrence under this endorsement as a single loss.The only deductible amount that applies under this coverage is the larger of: 1.$250;or 2.The amount shown in the Declarations as a deductible applicable to this coverage. D.Additional Conditions 1.Valuation The following is added to Section E. PROPERTY LOSS CONDITIONS: The value of Covered Property will be the amount shown in the Declarations or Schedule for each item of Covered Property,which is agreed to be the value of the item. 2.Pair or Set In case of total loss to an item of Covered Property which is part of a pair or set,we agree to pay you the full amount of the pair or set as shown in the Declarations or Schedule and you agree to surrender the remaining item(s)of the pair or set to us. 3.Packing You agree that Covered Property will be packed and unpacked by competent packers. E.Additional Definition The following definition is added to Section H. DEFINITIONS: "Fine Arts"meaning paintings,etchings,pictures, tapestries,art glass windows,valuable rugs, statuary,marbles,bronzes,antique furniture,rare books,antique silver,manuscripts,porcelains,rare glass,bric-a-brac,and similar property of rarity, historical value or artistic merit. F.Recovered Property If either you or we recover any property after loss settlement,that party must give the other prompt notice.At your option,you may retain the property. But then you must return to us the amount we paid to you for the property.We will pay recovery expenses and the expenses to repair the Covered Property,subject to the Limit of Insurance. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SS 04 30 07 05 Page 1 of 2 ©2005,The Hartford Page 2 of 2 Form SS 04 30 07 05 before making a claim under this Transit Coverage.We will not make payment until you grant us the right of recovery against the buyer. d.Loading and Unloading Shipments during loading or unloading and within 500 feet of any transporting conveyance. e.Return Shipments Outgoing shipments which have been rejected by the consignee or are not deliverable,while: (1)In due course of transit,being returned to you;or (2)Up to 10 days after delivery or attempted delivery awaiting return shipment to you. Payment under paragraphs a.,b.,c.,d.and e.above will not increase the Transit Coverage Limit of Insurance. C.Under this Transit Coverage –Property in the Care of Carriers for Hire,we will not pay for: 1.Property in the care,custody or control of your salespersons. 2.Mail shipments in the custody of the U.S.Postal Service. 3.Property of Others for which you are responsible as a: a.Carrier for hire;or b.Carloader,consolidator,broker,freight forwarder,shipping association,or other arranger of transportation. 4.Property in or on a motor vehicle you own,lease or operate. D.Limit of Insurance The Limit of Insurance shown in the Declarations for Transit Coverage –Property in the Care of Carriers for Hire is the most we will pay for all physical loss or physical damage in any one occurrence to property insured under this endorsement. E.Deductible We will not pay for physical loss or physical damage in any one occurrence until the amount of physical loss or physical damage exceeds $250.We will then pay the amount of physical loss or physical damage in excess of $250 up to the applicable Limit of Insurance. F.Additional Conditions 1.Valuation Property Loss Condition E.5.is deleted and replaced by the following: a.Valuation (1)Property You Own The value of Covered Property will be the amount of invoice plus accrued charges,prepaid charges and charges since shipment;or (2)In the absence of an invoice,the value of Covered Property will be its actual cash value,with proper deduction for depreciation,at the point of destination on the date of expected arrival. b.Property of Others The most we will pay for Covered Property owned by others is the lesser of: (1)Your legal liability for direct physical loss or physical damage to such property;or (2)What we would pay if you had owned the property. 2.Impairment of Rights of Recovery We will not pay for physical loss or physical damage,if you impair our rights to recover damages from any carrier for hire.But you may accept from carriers for hire bills of lading, receipts or contracts of transportation which contain a limitation of value. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SS 04 38 09 09 Page 1 of 3 ©2009,The Hartford (Includes copyrighted material of ISO Properties,Inc.,with its permission) Page 2 of 3 Form SS 04 38 09 09 (2)The discharge,dispersal,seepage, migration,release or escape of the "pollutants"is caused directly by such upset,overturn or damage as a result of the maintenance or use of a covered "auto". 4.With respect to this coverage,the following additional exclusions apply: a.Fellow employee Coverage does not apply to "bodily injury"to any fellow "employee"of the "insured" arising out of the operation of an "auto" owned by the "insured"in the course of the fellow "employee’s"employment. b.Care,custody or control Coverage does not apply to "property damage"involving property owned or transported by the "insured"or in the "insured’s"care,custody or control. C.With respect to "hired auto"and "non-owned auto" coverage,Paragraph C.WHO IS AN INSURED is deleted and replaced by the following: The following are "insureds": a.You. b.Your "emplo yee"while using with your permission: (1)An "auto"you hire or borrow;or (2)An "auto"you don’t own,hire or borrow in your business or personal affairs;or (3)An "auto"hired or rented by yo ur "employee"on your behalf and at yo ur direction. c.Anyone else while using a "hired auto"or "non- owned auto"with your permission except: (1)The owner or anyone else from whom you hire or borrow an "auto". (2)Someone using an auto while he or she is working in a business of selling,servicing, repairing,parking or storing "autos"unless that business is yours. (3)Anyone other than your "employees", partners (if you are a partnership),members (if you are a limited liability company),or a lessee or borrower or any of their "employees",while moving property to or from an "auto". (4)A partner (if you are a partnership),or a member (if you are a limited liability company)for an "auto"owned by him or her or a member of his or her household. d.Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. D.With respect to the operation of a "hired auto"and "non-owned auto",the following additional conditions apply: 1.OTHER INSURANCE a.Except for any liability assumed under an "insured contract"the insurance provided by this Coverage Form is excess over any other collectible insurance. However,if your business is the selling, servicing,repairing,parking or storage of "autos",the insurance provided by this endorsement is primary when covered "bodily injury"or "property damage"arises out of the operation of a customer’s "auto " by you or your "employee". b.When this Coverage Form and any other Coverage Form or policy covers on the same basis,either excess or primary,we will pay only our share.Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 2.TWO OR MORE COVERAGE FORMS OR POLICIES ISSUED BY US If the Coverage Form and any other Coverage Form or policy issued to you by us or any company affiliated with us apply to the same "accident",the aggregate maximum Limit of Insurance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy.This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Form. E.The following definitions are added: G.LIABILITY AND MEDICAL EXPENSES DEFINITIONS: 1."Hired auto"means any "auto"you lease, hire,rent or borrow.This does not include any auto you lease,hire,rent or borrow from any of your "employees",your partners (if you are a partnership),members (if you are a limited liability company), Form SS 04 38 09 09 Page 3 of 3 or your "executive officers"or members of their households. This does not include a long-term leased "auto"that you insure as an owned "auto" under any other auto liability insurance policy or a temporary substitute for an "auto"you own that is out of service because of its breakdown,repair,servicing or destruction. 2."Non-owned auto "means any "auto"you do not own,lease,hire,rent or borrow which is used in connection with your business.This includes: a."Autos"owned by your "employees"your partners (if you are a partnership), members (if you are a limited liability company),or your "executive officers", or members of their households,but only while used in your business or your personal affairs. b.Customer’s "auto"that is in your care, custody or control for service. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SS 04 39 07 05 Page 1 of 1 ©2005,The Hartford THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SS 04 41 03 18 Page 1 of 3 ©2018,The Hartford Page 2 of 3 Form SS 04 41 03 18 Coverages and Coverage Extensions in the Standard or Special Property Coverage Form with respect to "computer equipment","electronic data"and "software": (a)Business Income; (b)Extra Expense; (c)Civil Authority; (d)Extended Business Income;and (e)Newly Acquired or Constructed Property Coverage. (2)Coverage under this endorsement does not apply to any other Additional Coverage or Coverage Extension. b.Coverage Limitations The following limitations apply only if the physical loss or physical damage is a direct result of the Extended Causes of Loss for "computer equipment","software" and "electronic data"as indicated below. (1)Limit of Insurance This Additional Coverage is included in the Limit of Insurance for Computers and Media shown in the Declarations when the actual loss of business income and extra expense you incur due to the necessary suspension (slowdown or cessation)of your operations is a result of: (a)A cause of loss included in A.3.a., b.or c.,Extended Causes of Loss,of this endorsement;or (b)Physical damage or physical loss to "computer equipment", "electronic data",and "software" that was away from the scheduled premises at the time of loss. This is not an additional limit of insurance. (2)Waiting Period We will not pay for any covered Business Income loss you sustain under this provision due to physical loss or physical damage to "electronic data", or "software"caused by a "computer virus"which results in the necessary suspension (slowdown or cessation)of your business described in the Declarations during the first 12 hours that immediately follow the start of such suspension.This Waiting Period applies independent of the deductible applicable to "Computer Equipment". 2.Equipment Breakdown Coverage The Additional Coverage for Equipment Breakdown applies to "computer equipment", "electronic data",and "software"when this endorsement is attached to the Special Property Coverage Form and Equipment Breakdown Additional Coverage is included on the policy. C.Exclusion of Certain Computer Related Losses The provisions of this endorsement do not override or in any way affect the application of the Exclusion of Certain Computer Related Losses if such exclusion is endorsed to or otherwise made a part of this policy.That exclusion addresses the inability of a "computer system"to correctly recognize process,distinguish,interpret or accept one or more dates or times. D.Exclusions 1.Section B.Exclusions,of the Standard or Special Property Coverage Form do not apply to coverage provided by this endorsement, except for the exclusions of: a.Earth Movement; b.Governmental Action; c.Nuclear Hazard; d.W ar and Military Action;and e.W ater. 2.Additional Exclusions W e will not pay for loss or damage caused by or resulting from: a.Input,programming or processing errors; b.Mechanical breakdown or failure,however head crash will not be considered as a mechanical breakdown or failure. This exclusion does not apply to "computer equipment","electronic data", and "software"when this endorsement is attached to the Special Property Coverage Form and Equipment Breakdown Additional Coverage is included on the policy; c.Faulty construction,materials or workmanship; d.Error,omission or deficiency in design; e.Rust,corrosion,deterioration,hidden or latent defect or any quality in property that causes it to damage or destroy itself; f.Dryness or dampness of atmosphere; changes in or extremes of temperature; g.W ear and tear,marring or scratching; h.Insects,birds,rodents,or other animals; i.Obsolescence; j.Dishonest or criminal acts by you,any of your partners,employees,trustees, authorized representatives or anyone to whom you entrust the property for any purpose,whether acting alone or in collusion with others; Form SS 04 41 03 18 Page 3 of 3 k.Unexplained disappearance,however we will cover theft of "computer equipment"as provided in provision A.3.d.; l.Unlawful trade,or seizure by orders of governmental authority; m.Delay or loss of market;and n.Theft of laptop,palmtop or similar portable property while in transit as checked baggage. E.Limit of Insurance The most we will pay for physical loss or physical damage in any one occurrence is the Limit of Insurance for Computers and Media shown in the Declarations. F.Loss Payment This Loss Payment condition is applicable to the "computer equipment","electronic data",and "software"coverage provided by this endorsement. We will determine the value of Covered Property as follows: 1.''Computers,''''peripheral devices",''media'', and manuals at the full cost to repair or replace the property subject to the Limit of Insurance.However,we will not pay more for physical loss or physical damage on a replacement cost basis than the lesser of and the following: a.The amount necessary to replace the item with similar property possessing the minimum characteristics necessary to perform the same functions when replacement with identical property is not possible or practical. b.The amount necessary to repair or replace the item with one substantially identical to the physically lost or physically damaged item.In the event of a covered total loss to one or more items,we will allow up to 20%over the current replacement cost as described in this provision,as an Optional Upgrade Allowance for the purchase of new property with upgraded processing or performance characteristics.This Optional Upgrade Allowance will,at our option,be payable after you have purchased the replacement property and have provided us with written proof of such purchases;or c.If the item is not repaired or replaced,we will not pay more than the actual cash value of the item at the time of physical loss or physical damage.If you elect this option,you have the right to make further claim within 180 days after loss for any additional payment on a replacement cost basis. 2.In the event of physical loss or physical damage to "electronic data"or "software",we will pay the reasonable amount you actually spend to reproduce,restore,or replace the physically lost or physically damaged "electronic data"or "software".This includes the cost of computer consultation services for restoration and the cost of research to reconstruct lost or damaged information.But we will not pay more than the Lim it of Insurance for Computers and Media specified in the Declarations. 3.In the event of physical loss or physical damage to any part of "computer equipment", "electronic data"or "software",we will pay only what it would cost to replace,reproduce,or restore the physically lost or physically damaged part. G.Additional Definitions 1."Computer Virus"means a program,which is intentionally created to cause damage or disruption in the computer operations of a party using or coming in contact in any way with the program. 2."Computer System"includes "computer", "peripheral devices","software",and "electronic data"necessary for the "computer" to function for its intended purpose. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SS 04 42 03 17 Page 1 of 3 ©2017,The Hartford Page 2 of 3 Form SS 04 42 03 17 means an act of fraud or dishonesty committed by an "employee", except you,whether identified or not,acting alone or in collusion with other persons,that results in a loss to a Plan of funds or other property which is used or may be used to pay benefits under the Plan. "Covered Causes of Loss"does not include investment losses or any other loss resulting from a breach of fiduciary duty under ERISA or a prohibited transaction as defined by ERISA and for which coverage is not required by Section 412 of ERISA. (b)Welfare and Pension Plan ERISA Compliance In compliance with certain provisions of the ERISA: (i)For the purposes of this insurance,the Plans you establish and maintain for the benefit of your employees shall be Named Insureds under this Employee Dishonesty Coverage. (ii)''Employee''includes any natural person you employ and any owner,officer,trustee or director of your company who "handles"the funds or other property of the Plan (as defined in 29 C.F.R.2580.412-6) including,but not limited to,the Plan Administrator."Emp loyee" does not include any third party (including but not limited to a broker,independent contractor, record keeper,payroll provider, trustee or other fiduciary)who provides services to you or to a Plan. (iii)If any Plan is insured jointly with any other entity under this insurance,you or the Plan Administrator must select a Limit of Insurance under this Employee Dishonesty Coverage Form that is sufficient to provide an amount of insurance for each Plan that is at least equal to that required if each Plan were separately insured. (iv)If the insured first named in the Declarations is an entity other than a Plan,any paymen t we make to that insured for loss sustained by any Plan must be paid promptly into such plan for the use and benefit of the Plan(s)sustaining the loss. (v)If two or more Plans are insured under this insurance,any payment we make for loss either sustained by two or more plans,or of commingled funds or other property of two or more Plans that arises out of one occurrence,is to be shared by each Plan sustaining loss in the proportion that the amount of insurance required for each such Plan under ERISA provisions bears to the total of those amounts. (4)Theft Limitation Exception Limitation A.4.c.,of the Special Property Coverage Form does not apply to coverage provided by this endorsement. (5)Additional Exclusions (a)Employee Terminated Under Prior Insurance W e will not pay for loss caused by any "employee"of yours,or predecessor in interest of yours,for whom similar prior insurance has been terminated and not reinstated since the last such termination. (b)Insurance Operations W e will not pay for direct or indirect loss resulting from contractual or extra-contractual liability sustained by you in connection with the issuance of contracts or purported contracts of insurance,indemnity or suretyship. (c)Inventory Shortages W e will not pay loss,or that part of any loss,the proof of which as to its existence or amount is dependent upon: (i)An inventory computation;or (ii)A profit and loss computation. (d)Partners W e will pay only for loss caused by any partner or member of a limited liability corporation that is in excess of the sum of: (i)Any amounts you owe that partner or member;and (ii)The value of that partner 's or member's ownership interest determined by the closing of Form SS 04 42 03 17 Page 3 of 3 you organization's books on the date of discovery of the loss by anyone in your organization not involved in the Employee Dishonesty;and (iii)Any applicable deductible amount. (e)Trading Loss We will not pay for loss resulting directly or indirectly from trading, whether in your name or in a genuine or fictitious account if such loss does not result from dishonesty or fraud. (6)Additional Conditions (a)Termination As To Any "Employee" This insurance is terminated as to any "employee": (i)Immediately upon discovery by you,or any of your partners, officers or directors not in collusion with the "employee",of any dishonest or fraudulent act committed by that "employee" whether before or after becoming employed by you;or (ii)On the date specified in a notice mailed to you.That date will be at least 30 days after the date of mailing. The mailing of notice to you at the last mailing address known to us will be sufficient proof of notice.Delivery of notice is the same as mailing. (7)Limit of Insurance The most we will pay for each occurrence of loss under this Additional Coverage is the Employee Dishonesty Limit of Insurance stated in the Declarations. (8)Deductible W e will not pay for loss in any one occurrence unless the amount of loss exceeds the Deductible shown Paragraph D.5.the Special Property Coverage Form,unless a separate Deductible for Employee Dishonesty applies and is stated in the Declarations.We will then pay the amount of the loss in excess of the Deductible,up to the Limit of Insurance. No deductible applies to the coverage granted in Paragraph A.1.(3)of this endorsement. (9)Occurrence Definition As used in this Additional Coverage, occurrence means all loss caused by,or involving,one or more "employees", whether the result of a single act or series of acts. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SS 04 44 07 05 Page 1 of 1 ©2005,The Hartford THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SS 04 45 07 05 Page 1 of 1 ©2005,The Hartford THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SS 04 46 09 14 Page 1 of 2 ©2014,The Hartford Page 2 of 2 Form SS 04 46 09 14 Declarations for Temperature Change.We will then pay the amount of loss in excess of the deductible,up to the Limit of Insurance. F.LIMIT OF INSURANCE The most we will pay for direct physical loss or physical damage in any one occurrence is the Limit of Insurance for Temperature Change shown in the Declarations. G.ADDITIONAL CONDITIONS 1.We will pay for direct physical loss or physical damage under this Optional Coverage only when: (a)Such physical loss or physical damage is not covered elsewhere in this policy or any other policy that insures the ''perishable stock''at the "scheduled premises";and (b)This Temperature Change coverage is shown as a specific item of insurance in the Declarations. 2.In the event of physical loss or physical damage,none of the other coverages under this policy or any other policy will share in its payment unless the provisions of the policy are similar to the provisions of this Optional Coverage. 3.We will not pay more than the Limit of Insurance shown in the Declarations for the Temperature Change. H.ADDITIONAL DEFINITIONS For the purpose of this insurance: 1.''Mechanical breakdown''means: (a)Breaking or separation of any mechanical part(s)other than gas pipes or lines;or (b)Burning out of any electrical motor servicing such unit;and requiring replacement of the damaged parts to become functional. But ''mechanical breakdown''does not mean faulty operation or failure of equipment which results in temperature change but does not require replacement of broken parts. W e will not pay for direct physical loss or physical damage to "perishable stock" caused by such faulty operation or failure of equipment. 2.''Perishable stock''means personal property: (a)Maintained under controlled conditions for its preservation;and (b)Susceptible to direct physical loss or physical damage if the controlled conditions change. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SS 04 47 04 09 Page 1 of 2 ©2009,The Hartford Page 2 of 2 Form SS 04 47 04 09 b.The reasonable cost to research,replace or restore the lost information. H.Section B.Exclusions does not apply to this Optional Coverage except for: (1)Governmental Action; (2)Nuclear Hazard;and (3)War and Military Action. I.Additional Exclusions We will not pay for direct physical loss or physical damage caused by or resulting from any of the following: (1)Dishonest acts by: (a)You,or your employees or authorized representatives; (b)Anyone else with an interest in the property, or their employees or authorized representatives;or (c)Anyone else to whom the property is entrusted. This exclusion applies whether or not such persons are acting alone or in collusion with other persons or such acts occur during the hours of employment. But this exclusion does not apply to a carrier for hire. (2)Errors or omissions in processing or copying. But we will pay for direct physical loss or physical damage caused by resulting fire or explosion. (3)Electrical or magnetic injury,disturbance or erasure of electronic recordings. But we will pay for direct physical loss or physical damage caused by lightning. (4)Voluntary parting with any property by you or anyone entrusted with the property if induced to do so by any fraudulent scheme,trick,device or false pretense. (5)Unauthorized instructions to transfer property to any person or to any place. 5.Loss Sustained During Prior Insurance We will also apply any deductible under that prior policy to the extent it exceeds thea.If you,or any predecessor in interest, deductible under this policy.sustained loss during the period of any prior 8.Ownership of Property,Interests Coveredinsurancethatyouorthepredecessorin interest could have recovered under that The property covered under this insurance is insurance except that the time within which to limited to property: discover loss had expired,we will pay for it a.That you own or hold;orunderthisinsurance,provided: b.For which you are legally liable.(1)This insurance became effective at the However,this insurance is for your benefit only.Ittimeofcancellationorterminationofthe provides no rights or benefits to any other personpriorinsurance;and or organization.(2)The loss would have been covered by this 9.Policy Periodinsurancehaditbeenineffectwhenthe acts or events causing the loss were a.The Policy Period is stated in the committed or occurred.Declarations. b.The insurance under this Condition is part of,b.Subject to the Loss Sustained During Prior not in addition to,the Limits of Insurance A.5.Insurance condition,above,we will pay applying to this insurance and is limited to the only for loss that you sustain through acts lesser of the amount recoverable under:committed or events occurring during the (1)Policy Period.This insurance as of its effective date;or 10.Recoveries(2)The prior insurance had it remained in effect.The following replaces the Recovered Property in the Property Loss Conditions:6.Non-Cumulation of Limit of Insurance a.Any recoveries less the cost of obtainingRegardlessofthenumberofyearsthisinsurance them,made after settlement of loss coveredremainsinforceorthenumberofpremiumspaid, by this insurance will be distributed as follows:no Limit of Insurance cumulates from year to year or period to period.(1)To you,until you are reimbursed for any 7.Loss Covered Under This Insurance and Prior loss that you sustain that exceeds the Limit of Insurance and the DeductibleInsuranceIssuedbyUsorAnyAffiliate Amount,if any;If any loss is covered under this policy and under (2)Then to us,until we are reimbursed foranypriorcanceledorterminatedinsurancethatwe the settlement made;or any affiliate had issued to you or any predecessor in interest,we will not pay more that (3)Then to you,until you are reimbursed for the highest single Limit of Insurance.We will that part of the loss equal to the settle such claim as follows:Deductible Amount,if any. a.b.We will first pay the Limit of Insurance Recoveries do not include any recovery: applicable under this policy subject to this (1)From insurance,suretyship,reinsurance, policy's applicable deductible;then security or indemnity taken for our benefit; b.If the Limit of Insurance under that prior policy or is equal to or less than the Limit of Insurance (2)Of original “securities”after duplicat es of under this policy,we will make no further them have been issued. payment;or B.CRIME COMMON EXCLUSIONS c.If the Limit of Insurance under that prior policy The following are Exclusions replace the Exclusions inishigherthantheLimitofInsuranceunderthis Section B:policy,we will then pay for any remaining part 1.Governmental Actionoftheloss. But in no event will our total payment for loss We will not pay for loss resulting from seizure or be more than would be payable under the destruction of property by order of governmental policy with the highest Limit of Insurance.authority. Page 2 of 3 Form SS 04 80 03 00 2.Indirect Loss 3.Any natural person who is your partner or member of a limited liability corporation.We will not pay for loss that is an indirect result of any act or occurrence covered by this insurance 4.Any natural person,whether or not compensa ted, including,but not limited to,loss resulting from:while performing services for you as the chairman or a member of any committee;a.Your inability to realize income that you would have realized had there been no loss of,or 5.Any natural person who is a non-compensated loss from damage to,Covered Property.officer; b.Payment of damages of any type for which 6.Any natural person who is a director or trustee you are legally liable.But,we will pay while acting as a member of any of your elected or compensatory damages arising directly from a appointed committees or while acting within the loss covered under this insurance.scope of the usual duties of an "employee"; c.Payment of costs,fees or other expenses you 7.Any natural person who is a non-compens ated incur in establishing either the existence or the volunteer,other than one who is a fund solicitor, amount of loss under this insurance.while performing services for you that are usual to the duties of an "employee";3.Legal Expenses 8.Any natural person who is a former employee,We will not pay for expenses related to any legal director,partner,member,representative oraction. trustee retained as a consultant while performing4.Nuclear Hazard services for you; We will not pay for loss resulting from nuclear 9.Any natural person who is a student int ern who isreaction,nuclear radiation or radioactive pursuing studies or acting within the scope of thecontamination,or any related act or incident.usual duties of an “employee”; 5.War and Similar Actions 10.Any natural person,who is a student enrolled in We will not pay for loss resulting from war,your facility,while handling or has possession of whether or not declared,warlike action,property or funds in connection with sanctioned insurrection,rebellion or revolution,or any related student activities; act or incident.11.The spouses of and children over 18 years old C.CRIME COMMON DEFINTIONS who reside with any "employee"who is a building manager,superintendent or janitor.The following is added to Definitions Each family is deemed to be,collectively,one"Employee"means: "employee"for the purposes of this insurance,1.Any natural person:except that any Termination Condition applies a.While in your service (and for 60 days after individually to the spouse and children. termination of service);and "Employee"does not mean: b.Whom you compensate directly by salary,(1)An agent,broker,factor,commission merchant,wages or commissions;and consignee,independent contractor or c.Whom you have the right to direct and control representative of the same general character;or while performing services for you;(2)Any manager,director,partner,member or trustee, 2.Any natural person employed by an employment except while acting within the scope of the us ual contractor while that person is subject to your duties of an “employee”. direction and control and performing services for you excluding,however,any such person while having care and custody of property outside the premises; Form SS 04 80 03 00 Page 3 of 3 B.COUNTERFEIT CURRENCY AND MONEY b.We will not pay for loss resulting from the ORDERS COVERAGE giving or surrendering of property in any exchange or purchase.1.Covered Property c.We will not pay for loss resulting fromCoveredPropertymeansthefollowing: your,or anyone acting on your express or We will pay for loss directly resulting from implied authority,being induced by any a.Money orders,including counterfeit money dishonest act to voluntarily part with title to orders,of any United States or Canadian or possession of any property. post office,express company or national C DEDUCTIBLE or state (or Canadian)chartered bank that We will not pay for loss in any one Occurrencearenotpaiduponpresentation;and unless the amount of loss exceeds the b.Counterfeit United States or Canadian Deductible stated in the Declarations.We will paper currency.then pay the amount of loss in excess of the 2.Covered Causes of Loss Deductible,up to the Limit of Insurance. Covered Causes of Loss means the D.LIMIT OF INSURANCE acceptance of Covered Property in good faith,The most we will pay for each Occurrence of loss in exchange for merchandise,money or under this Endorsement is the Forgery Limit of services,during the regular course of Insurance stated in the Declarations. business. The Additional Coverages are included in this Limit 3.Exclusions of Insurance. The following Exclusion applies in addition to E.OCCURRENCE DEFINITION the Exclusions in the Crime Common 1.For Forged or Altered Instruments Coverage,Conditions and Exclusions. Occurrence means all loss caused by anya.We will not pay for loss resulting from any person or in which that person is involved, dishonest or criminal act committed by any whether the loss involves one or more of your "employees”,directors,trustees or instruments of Covered Property. authorized representatives: 2.For Counterfeit Currency and Money Order(1)Acting alone or in collusion with other OccurrenceCoverage,means an:persons;or a.Act or series of related acts involving one(2)While performing services for you or or more persons;orotherwise. b.Act or event,or series of related acts or events not involving any person. Page 2 of 2 Form SS 04 86 03 00 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SS 40 12 09 07 Page 1 of 8 ©2007,The Hartford Page 2 of 8 Form SS 40 12 09 07 a.The investigation of a claim or suit;or b.The determination of the amount of loss, such as taking inventory,or auditing business records. 4.Computer Fraud The following Additional Coverage is added: We will pay up to $5,000 in any one occurrence for physical loss of or physical damage to "money", "securities",and other property having intrinsic value resulting directly from computer fraud. Computer fraud means any act of stealing property following and directly related to the use of any computer to fraudulently cause a transfer of that property from inside your premises or from a banking institution or similar safe depository,to a person (other than a "messenger")outside those premises or to a place outside those premises. This Limit of Insurance is in addition to any other Limit of Insurance that may be provided by this policy for this coverage. 5.Computers and Media The following Additional Coverage is added: We will pay up to $50,000 in any one occurrence as a Limit of Insurance to apply anywhere in the Coverage Territory to cover direct physical loss of or physical damage to your computer systems.This Limit of Insurance is in addition to any other Limit of Insurance that may be provided by this policy for this coverage. This Additional Coverage is subject to the provisions of Computers and Media,Form SS 04 41,with the exception of the Limit of Insurance provision contained in that form. Computers and Media,Form SS 04 41 is made a part of this policy whether or not Computers and Media coverage is indicated in the Declarations. 6.Contract Penalty The following Additional Coverage is added: We will pay up to $1,000 as a Limit of Insurance to cover contract penalties you are assessed due to your failure to complete a project within the time required as stipulated by contract if the failure to complete the project was caused by or resulted from a Covered Cause of Loss to Covered Property. This Limit of Insurance is in addition to any other Limit of Insurance that may be provided by this policy for this coverage. 7.Debris Removal The following Additional Coverage is added: In Limits of Insurance,C.4.b.,the additional limit of insurance for the Debris Removal Additional Coverage is increased to $25,000 in any one occurrence. This Limit of Insurance is in addition to any other Limit of Insurance that may be provided by this policy for this coverage. 8.Employee Dishonesty (including ERISA) The following Additional Coverage is added: We will pay up to $10,000 in any one occurrence as a Limit of Insurance to cover loss from employee dishonesty.This includes ERISA coverage.This Limit of Insurance is in addition to any other Limit of Insurance that may be provided by this policy for this coverage. This Additional Coverage is subject to the provisions of the Employee Dishonesty Coverage,Form SS 04 42,with the exception of the Limit of Insurance provision contained in that form.Employee Dishonesty Coverage,Form SS 04 42 is made a part of this policy whether or not Employee Dishonesty Coverage is indicated in the Declarations. 9.Fine Arts The following Additional Coverage is added: We will pay up to $10,000 in any one occurrence as a Limit of Insurance at each "scheduled premises"to apply to Fine Arts.This Limit of Insurance is in addition to any other Limit of Insurance that may be provided by this policy for this coverage. This Additional Coverage is subject to the provisions of Fine Arts Coverage Form,Form SS 04 22,with the exception of the following: a.The requirement contained under Paragraph A.1.,Under A.Coverage,to list and describe Fine Arts in the Declarations or Shedule is deleted when Fine Arts are covered under this Stretch endorsement; and b.The Limit of Insurance provision does not apply. c.Paragraph D.1.Valuation is deleted and replaced by the following: The value of Fine Arts will be the market value at the time of physical loss or physical damage. Fine Arts Coverage,Form SS 04 22 is made a part of this policy whether or not Fine Arts Coverage is indicated in the Declarations. Form SS 40 12 09 07 Page 3 of 8 10.Forgery The following Additional Coverage is added: We will pay up to $10,000 in any one occurrence as a Limit of Insurance to cover loss from forgery of covered instruments,money orders,credit cards,and counterfeit money. This Additional Coverage is subject to the provisions of Forgery Coverage,Form SS 04 86,with the exception of the Limit of Insurance provision contained in that form. Forgery Coverage,Form SS 04 86 is made a part of this policy,whether or not Forgery Coverage is indicated in the Declarations. This Limit of Insurance is in addition to any other Limit of Insurance that may be provided by this policy for this coverage. 11.Laptop Computers -Worldwide Coverage The following Additional Coverage is added: We will pay up to $5,000 in any one occurrence as a Limit of Insurance to apply to laptop, palmtop,personal digital assistants (PDAs),and similar portable computer equipment and accessories anywhere in the world,including while in transit.This Limit of Insurance is in addition to any other Limit of Insurance that may be provided by this policy for this coverage. Limitation:We will not pay for direct physical loss or physical damage caused by,resulting from,arising out of the theft of this property which in transit as checked baggage. This Additional Coverage is subject to the provisions of Computers and Media,Form SS 04 41,with the exception of the Limit of Insurance provision contained in that form. Computers and Media,Form SS 04 41 is made a part of this policy whether or not Computers and Media coverage is indicated in the Declarations. 12.Off-Premises Utility Services -Direct Damage The following Additional Coverage is added: We will pay up to $10,000 in any one occurrence as a Limit of Insurance to apply at each "scheduled premises"to cover direct physical loss of or physical damage to Covered Property caused by or resulting from the interruption of utility services.This Limit of Insurance is in addition to any other Limit of Insurance that may be provided by this policy for this coverage. This Additional Coverage is subject to the provisions of Off-Premises Utility Services - Direct Damage,Form SS 40 18,with the exception of the Utility Services Limit of Insurance contained in that form.Off-Premises Utility Services –Direct Damage,Form SS 40 18 is made a part of this policy,whether or not Off-Premises Utility Services –Direct Damage coverage is indicated in the Declarations. 13.Outdoor Signs The following Additional Coverage is added and supersedes any other coverage for signs in this policy: We will pay up to full value of outdoor signs at each "scheduled premises"to cover direct physical loss or physical damage to outdoor signs. This Additional Coverage is subject to the provisions of Outdoor Signs,Form SS 04 44, with the exception of the Limit of Insurance provision and paragraph E.of that form. Outdoor Signs,Form SS 04 44 is made a part of this policy whether or not Outdoor Signs coverage is indicated in the Declarations. This Additional Coverage is in addition to any recoverable Limits of Insurance applicable to Building or Business Personal Property. 14.Pairs or Sets The following Additional Coverage is added: If pairs or sets of stock are damaged by a Covered Cause of Loss,we will pay any reduction in value of the undamaged parts of such damaged pairs or sets. As used in this Additional Coverage,the term stock means merchandise held in storage or for sale,raw materials,and goods in-process or finished. This coverage is included within the Business Personal Property Limit of Insurance. 15.Personal Property of Others The following Additional Coverage is added: We will pay up to $10,000 in any one occurrence as a Limit of Insurance at each "scheduled premises"to apply to personal property of others that is in your care,custody or control.This Limit of Insurance is in addition to any other Limit of Insurance that may be provided by this policy for this coverage. This Additional Coverage is subject to the provisions of Personal Property of Others,Form SS 04 45,with the exception of the statement Page 4 of 8 Form SS 40 12 09 07 concerning Limit of Insurance applicable to Personal Property of Others shown in the Declarations,contained in that form.Personal Property of Others,Form SS 04 45 is made a part of this policy whether or not Personal Property of Others coverage is indicated in the Declarations. 16.Property at Other Premises The following Additional Coverage is added: We will pay up to $10,000 in any one occurrence to extend coverage for Business Personal Property at any premises not described in the Declarations. This includes property that you have sold under an installation agreement and your responsibility continues until the property is accepted by the customer. This Extension does not apply to: a.Property in the care,custody or control of your salespersons; b.Property at any fair or exhibition; c.Property in transit;or d.Property temporarily stored at any premises not described in the Declarations. This Limit of Insurance is in addition to any other Limit of Insurance that may be provided by this policy for this coverage. 17.Salespersons'Samples The following Additional Coverage is added: We will pay up to $1,000 in any one occurrence as an additional Limit of Insurance to extend Business Personal Property to cover: a.Samples of your stock in trade (including containers);and b.Similar property of others; but only while such property is in: a.Your custody while acting as a sales representatives;or b.In the custody of your sales representative or agents. This Limit of Insurance is in addition to any other Limit of Insurance that may be provided by this policy for this coverage. 18.Sewer and Drain Back Up The following Additional Coverage is added: We will pay for direct physical loss or physical damage to Covered Property solely caused by water that backs up from a sewer or drain. This coverage is included within the Covered Property Limits of Insurance. THIS IS NOT FLOOD INSURANCE We will not pay for water or other materials that back up from any sewer or drain when it is caused by any flood.This applies regardless of the proximity of the flood to Covered Property. Flood includes the accumulation of surface water,waves,tides,tidal waves,overflow of streams or other bodies of water,or their spray, all whether driven by wind or not that enters the sewer or drain system. 19.Sump Overflow or Sump Pump Failure The following Additional Coverage is added: The maximum we will pay in any one occurrence is $15,000 for any loss,including Business Income or Extra Expense,resulting from physical loss or physical damage to Covered Property that is caused by or resulting from water that overflows due to the failure of a sump pump,sump pump well,or any other type of system designed to remove subsurface water from the foundation area if the failure is directly or indirectly the result of a Covered Cause of Loss.Failure means an abrupt cessation of normal functioning.This Limit of Insurance is the maximum we will pay regardless of any other coverage provided under this policy. This Additional Coverage is subject to the terms and conditions of this policy with the exception of: a.Paragraph B.1.f.,Power Failure,of the Standard Property Coverage Form and Paragraph B.1.d.,Power Failure,of the Special Property Coverage Form;and b.Paragraph B.1.h.(4),Water,of the Standard Property Coverage Form and Paragraph B.1.f.(4),Water,of the Special Property Coverage Form. THIS IS NOT FLOOD INSURANCE We will not pay for water or other materials that overflow from a sump when the overflow is caused by any flood.This applies regardless of the proximity of the flood to Covered Property. Flood includes the accumulation of surface water,waves,tides,tidal waves,overflow of streams or other bodies of water,or their spray, all whether driven by wind or not that enters the sewer or drain system. 20.Temperature Change The following Additional Coverage is added: Form SS 40 12 09 07 Page 5 of 8 We will pay up to $10,000 in any one occurrence as a Limit of Insurance to apply at each "scheduled premises"to cover direct physical loss of or physical damage to perishable stock caused by or resulting from a change of temperature or contamination by a refrigerant. This Limit of Insurance is in addition to any other Limit of Insurance that may be provided by this policy for this coverage. This Additional Coverage is subject to the provisions of the Temperature Change Coverage,Form SS 04 46,with the exception of the Limit of Insurance provision contained in that form.Temperature Change,Form SS 04 46 is made a part of this policy whether or not Temperature Change coverage is indicated in the Declarations. 21.Tenant Building and Business Personal Property Coverage -Required by Lease The following Additional Coverage is added: The maximum we will pay in any one occurrence is $20,000 as a Limit of Insurance to apply to direct physical loss of or physical damage to Building and Business Personal Property for which you have a contractual responsibility to insure.This includes building fixtures,machinery and equipment. 22.Transit Property in the Care of Carriers for Hire The following Additional Coverage is added: We will pay up to $15,000 in any one occurrence as a Limit of Insurance to apply to direct physical loss of or physical damage to property while in transit at your risk.This Limit of Insurance is in addition to any other Limit of Insurance that may be provided by this policy for this coverage. This Additional Coverage is subject to the provisions of Transit Property in the Care of Carriers for Hire,Form SS 04 30,with the exception of the Limit of Insurance provision contained in that form.Transit Property in the Care of Carriers for Hire,Form SS 04 30 is made a part of this policy whether or not Transit Property in the Care of Carriers for Hire is indicated in the Declarations. 23.Unauthorized Business Card Use The following Additional Coverage is added: The maximum we will pay in any one occurrence is $2,500 as a Limit of Insurance to cover loss resulting from the theft or unauthorized use of your Business Credit,Debit or Charge Cards,including the reasonable legal expenses you incur. The Business Credit,Debit or Charge Cards must be issued to you or registered in your name or the business name and be used solely for business purposes. Limitation.We will not pay for the theft or unauthorized use of Business Credit,Debit or Charge Cards entrusted to others or your employees. 24.Valuable Papers and Records The following Additional Coverage is added: a.We will pay up to $25,000 in any one occurrence as a Limit of Insurance to apply at each "scheduled premises"to cover direct physical loss of or physical damage to your valuable papers and records.This Limit of Insurance is in addition to any other Limit of Insurance that may be provided by this policy for this coverage. b.We will pay up to $25,000 in any one occurrence as a Limit of Insurance to cover direct physical loss of or physical damage to your valuable papers and records that are not located at the "scheduled premises"or in transit.This Limit of Insurance is in addition to any other Limit of Insurance that may be provided by this policy for this coverage. This Additional Coverage is subject to the provisions of the Valuable Papers and Records Coverage,Form SS 04 47,with the exception of the Limit of Insurance provision contained in that form.Valuable Papers and Records Coverage, Form SS 04 47 is made a part of this policy whether or not Valuable Papers and Records coverage is indicated in the Declarations. As respects the coverage provided by this endorsement,Section A.of form SS 04 47 is replaced by the following: A.We will pay for direct physical loss of or damage to the following types of property at the "scheduled premises"that is your property or property of others in your care, custody or control: Valuable Papers and Records mean inscribed,printed or written: (1)Documents; (2)Manuscripts; (3)Records;and Page 6 of 8 Form SS 40 12 09 07 (4)"Prototype designs"as they relate to "research and development operations" including abstracts,books,deeds,drawings, films,maps or mortgages. But Valuable Papers and Records does not include: (1)Property that cannot be reproduced, replaced or restored.However,this does not apply to "prototype designs". (2)''Money''and ''Securities'', (3)Converted data;or (4)Programs or instructions used in your data processing operations, including the material on which the data is recorded. The following Additional Condition applies to coverage provided by this endorsement: When "research and development operations" end,coverage for "prototype designs"pertaining to those "research and development operations" ceases. B.The following changes apply to the Standard Property Coverage Form,Coverage Extensions, A.5.,or to the Special Property Coverage Form, Coverage Extensions,A.6..The Limits of Insurance stated in the paragraphs below replace the Limits of Insurance stated in the Standard Property Coverage Form or the Special Property Coverage Form for the coverages provided under this section.Except as otherwise stated,any other Limit of Insurance purchased under this policy as an option for the following coverages is in addition to the Limit of Insurance stated below: 1.Newly Acquired or Constructed Property The following changes are made to Newly Acquired or Constructed Property: a.Building (1)The most we will pay in any one occurrence in subparagraph (1)is increased from $500,000 to $1,000,000 at each premises. (2)The Limit of Insurance stated above is the maximum Limit of Insurance available for this coverage under this policy. b.Business Personal Property (1)The most we will pay in any one occurrence in subparagraph (2)is increased from $250,000 to $500,000 at each premises. (2)The Limit of Insurance stated above is the maximum Limit of Insurance available for this coverage under this policy. c.Business Income and Extra Expense (1)If Business Income or Extra Expense are provided under this policy,the most we will pay in any one occurrence in subparagraph (3)is increased from $50,000 to $500,000 in any one occurrence at each premises. (2)The Limit of Insurance stated above is the maximum Limit of Insurance available for this coverage under this policy. 2.Outdoor Property In the Outdoor Property Coverage Extension, the most we will pay in any one occurrence is increased to $20,000,but not more than $1,000 for any one tree,shrub or plant. 3.Personal Effects In the Personal Effects Coverage Extension,the most we will pay in any one occurrence is increased from $10,000 to $25,000 at each "scheduled premises." The Limit of Insurance stated above is the maximum Limit of Insurance available for this coverage under this policy. 4.Property Off-Premises In the Personal Property Off-Premises Coverage Extension,the most we will pay in any one occurrence in subparagraph A.6.h.(2)is increased from $2,500 to $25,000. C.The following changes apply only if Business Income and Extra Expenses are covered under this policy.These changes apply to the Standard Property Coverage Form,Additional Coverages, A.4.,or to the Special Property Coverage Form, Additional Coverages,A.5.: 1.Business Income Extension for Off-Premises Utility Services The following Additional Coverage is added: We will pay up to $25,000 in any one occurrence as a Limit of Insurance to apply at Business Income and Extra Expense caused by or resulting from the interruption of utility services.This Limit of Insurance is in addition to any other Limit of Insurance that may be provided by this policy for this coverage. Form SS 40 12 09 07 Page 7 of 8 This Additional Coverage is subject to the provisions of Business Income Extension for Off-Premises Utility Services,Form SS 04 19, with the exception of the Limit of Insurance provision contained in that form.Business Income Extension for Off-Premises Utility Services,Form SS 04 19 is made a part of this policy whether or not Business Income Extension for Off-Premises Utility Services coverage is indicated in the Declarations. 2.Business Income Extension for Web Sites The following Additional Coverage is added: We will pay up to $50,000 in any one occurrence as a Limit of Insurance to cover loss of Business Income you sustain due to the necessary interruption of business operations caused by or resulting from direct physical loss or physical damage to your Web Site operation at the premises of a vendor acting as your service provider.This Limit of Insurance is in addition to any other Limit of Insurance that may be provided by this policy for this coverage. Such interruption must be caused by or result from a Covered Cause of Loss. a.Coverage Time Period We will only pay for loss you sustain during the 7-day period immediately following the first 12 hours after the Covered Cause of Loss. b.Conditions This coverage applies only: (1)If you have a back-up copy of your Web Page stored at a location other than the site of the Web Site vendor. (2)To the extent that Business Income is permanently lost. 3.Business Income from Dependent Properties The following Additional Coverage is added: We will pay up to $25,000 in any one occurrence as a Limit of Insurance to apply to loss of Business Income and Extra Expense due to direct physical damage at property of others you depend on.This Limit of Insurance is in addition to any other Limit shown in the Declarations for specific Dependent Properties. This additional coverage is subject to the provisions of Business Income from Dependent Properties,Form SS 04 78,with the exception of the Limit of Insurance provision contained in that form.Business Income from Dependent Properties,Form SS 04 78 is made a part of this policy whether or not Business Income from Dependent Properties coverage is indicated in the Declarations. There is no requirement for Dependent Properties to be scheduled for the coverages provided by this Stretch endorsement to apply. 4.Expediting Expenses The following Additional Coverage is added: We will pay necessary Expediting Expenses you incur during the "period of restoration"that you would not have incurred if there had been no direct physical loss or physical damage to property at the "scheduled premises",including personal property in the open (or in a vehicle) within 1,000 feet,caused by or resulting from a Covered Cause of Loss. Expediting Expense means the following reasonable and necessary additional expenses: a.Overtime wages; b.Extra cost of express or rapid means of transportation; c.Costs to make temporary repairs; d.Costs to expedite permanent repair or replacement of damaged property; e.Additional costs to provide training on replacement equipment that you incur in order to meet any new product introduction date that was scheduled and in place immediately prior to loss or damage or the completion date of any project performed for a client or customer which is required in a written contract or agreement that was executed prior to loss or damage. The most we will pay in any one occurrence for loss under this Additional Coverage is $10,000. This Limit of Insurance is in addition to any other Limit of Insurance that may be provided by this policy for this coverage. 5.Extended Business Income In the Extended Business Income Additional Coverage,paragraph 4.j.(1)(b)(ii)of the Standard Property Coverage Form and paragraph 5.r.(1)(b)(ii)of the Special Property Coverage Form are amended to read as follows: (b)60 consecutive days after the date determined in (a)above. D.The following changes apply to Paragraph E.5.d., Loss Payment,of the Standard Property Coverage Form and the Special Property Coverage Form: Page 8 of 8 Form SS 40 12 09 07 1.Valuation Changes The following are added to the Loss Payment Property Loss Condition E.5.d.: (10)Commodity Stock We will determine the value of merchandise and raw materials that are bought and sold at an established market exchange.We will determine the value at: (a)The posted market price as of the time and place of loss; (b)Less discounts and expenses you otherwise would have had. (11)"Finished Goods" We will determine the value of goods that you have manufactured at the selling price less discounts and expenses you otherwise would have had. (12)Mercantile Stock -Sold We will determine the value of goods you have sold but not delivered at the selling price less discounts and expenses you otherwise would have had. E.Definitions 1."Prototype designs"mean documents, manuscripts,records,blueprints and papers for an original model on which later product will be patterned or a first full-scale form of a new type or design of a product. 2."Research and development operations"mean your business activities occurring at your premises which have investigation as their primary objective and which are directly related to the development of new products or enhancements of existing products."Research and development operations"end when the work is no longer experimental or investigatory or when actual production of the new product or enhancement begins."Research and development operations"do not include development of markets. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SS 40 18 07 05 Page 1 of 1 ©2005,The Hartford THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SS 40 59 03 16 Page 1 of 2 ©2016,The Hartford Page 2 of 2 Form SS 40 59 03 16 c.Processing of,management of,mining or warehousing of data; d.Administration,management,operation or hosting of another party’s systems, technology or computer facilities; e.Website development or website hosting; f.Internet access services;intranet,extranet or electronic information connectivity services;software application connectivity services; g.Manufacture,sale,licensing,distribution or marketing of:software,wireless applications,firmware,shareware, networks,systems,hardware,devices or components; h.Design and development of:code,software or programming;and i.Providing software application services, rental or leasing. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SS 40 93 07 05 Page 1 of 3 ©2005,The Hartford Page 2 of 3 Form SS 40 93 07 05 1.Limited Coverage For "Fungi",Wet Rot, Dry Rot,Bacteria and Virus a.The coverage described in 1.b.below only applies when the "fungi",wet or dry rot, bacteria or virus is the result of one or more of the following causes that occurs during the policy period and only if all reasonable means were used to save and preserve the property from further damage at the time of and after that occurrence. (1)A "specified cause of loss"other than fire or lightning; (2)Equipment Breakdown Accident occurs to Equipment Breakdown Property,if Equipment Breakdown applies to the affected premises. b.We will pay for loss or damage by "fungi", wet rot,dry rot,bacteria and virus.As used in this Limited Coverage,the term loss or damage means: (1)Direct physical loss or direct physical damage to Covered Property caused by "fungi",wet rot,dry rot,bacteria or virus, including the cost of removal of the "fungi",wet rot,dry rot,bacteria or virus; (2)The cost to tear out and replace any part of the building or other property as needed to gain access to the "fungi",wet rot,dry rot,bacteria or virus;and (3)The cost of testing performed after removal,repair,replacement or restoration of the damaged property is completed,provided there is a reason to believe that "fungi",wet rot,dry rot, bacteria or virus are present. c.Unless a higher Limit of Insurance is shown in the Declarations for Limited "Fungi", Bacteria or Virus Coverage,the coverage described under this Limited Coverage is no more than the Limit of Insurance stated in the Declarations for Building and Business Personal Property,but not greater than $50,000. If form SS 04 41,Computers and Media, and form SS 04 45,Personal Property of Others,are made a part of this policy,then the Limits of Insurance for Computers and Media,and Personal Property of Others is included within this coverage limit.This coverage is made applicable to separate "scheduled premises"as described in the Declarations.Regardless of the number of claims,this limit is the most we will pay per "scheduled premises"for the total of all loss or damage arising out of all (1)occurrences of "specified causes of loss"(other than fire or lightning);and (2)Equipment Breakdown Accident that occurs to Equipment Breakdown Property; which take place in a 12-month period (starting with the beginning of the present annual policy period). With respect to a particular occurrence of loss which results in "fungi",wet or dry rot, bacteria or virus,we will not pay more than the total of $50,000 unless a higher Limit of Insurance is shown in the Declarations,even if the "fungi",wet or dry rot,bacteria,or virus continues to be present or active,or recurs,in a later policy period. d.The coverage provided under this Limited Coverage does not increase the applicable Limit of Insurance on any Covered Property.If a particular occurrence results in loss or damage by "fungi",wet rot,dry rot,bacteria or virus,and other loss or damage,we will not pay more,for the total of all loss or damage,than the applicable Limit of Insurance on the affected Covered Property. If there is covered loss or damage to Covered Property,not caused by "fungi", wet rot,dry rot,bacteria or virus,loss payment will not be limited by the terms of this Limited Coverage,except to the extent that "fungi",wet or dry rot,bacteria or virus causes an increase in the loss.Any such increase in the loss will be subject to the terms of this Limited Coverage. e.The terms of this Limited Coverage do not increase or reduce the coverage for Water Damage provided under provision B.1.h., Exclusion –Water Damage of the Standard Property Coverage Form or Additional Coverage provision A.5.n.,Water Damage, Other Liquid,Powder or Molten Material Damage of the Special Property Coverage Form. f.The following applies only if a Time Element Coverage applies to the "scheduled premises"and only if the suspension of "operations"satisfies all the terms and conditions of the applicable Time Element Coverage. (1)If the loss which resulted in "fungi", wet or dry rot,bacteria or virus does not in itself necessitate a suspension of "operations",but such suspension is necessary due to loss or damage to Form SS 40 93 07 05 Page 3 of 3 property caused by "fungi",wet or dry rot, bacteria or virus,then our payment under the Time Element Coverage is limited to the amount of loss and expense sustained in a period of not more than 30 days unless another number of days is indicated in the Declarations.The days need not be consecutive.If a covered suspension of "operations"was caused by loss or damage other than "fungi",wet or dry rot,bacteria or virus,but remediation of "fungi",wet or dry rot,bacteria or virus prolongs the "period of restoration",we will pay for loss and expense sustained during the delay (regardless of when such a delay occurs during the "period of restoration"),but such coverage is limited to 30 days unless another number of days is indicated in the Declarations.The days need not be consecutive. C.Fungi Definition 1."Fungi"means any type or form of fungus, including mold or mildew,and any mycotoxins, spores,scents or by-products produced or released by fungi. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SS 41 12 12 17 Page 1 of 3 ©2017,The Hartford Page 2 of 3 Form SS 41 12 12 17 C.LIMITS OF INSURANCE 1.Case Management Service is available as needed for any one "identity theft"for up to 12 consecutive months from the inception of the service.Expenses we incur to provide Case Management Service do not reduce the amount of limit available for Expense Reimbursement coverage. 2.Expense Reimbursement coverage is subject to a limit of $15,000 annual aggregate per "identity recovery insured."Regardless of the number of claims,this limit is the most we will pay for the total of all loss or expense arising out of all "identity thefts"to any one "identity recovery insured"which are first discovered by the "identity recovery insured"during a 12- month period starting with the beginning of the present annual policy period.If an "identity theft"is first discovered in one policy period and continues into other policy periods,all loss and expense arising from such "identity theft" will be subject to the aggregate limit applicable to the policy period when the "identity theft"was first discovered. a.Legal costs as provided under paragraph d. of the definition of "identity recovery expenses"are part of,and not in addition to, the Expense Reimbursement coverage limit. b.Lost Wages and Child and Elder Care Expenses as provided under paragraphs e. and f.of the definition of "identity recovery are jointly subject to a sublimit of $250 per day,not to exceed $5,000 in total.This sublimit is part of,and not in addition to, the Expense Reimbursement coverage limit.Coverage is limited to lost wages and expenses incurred within 12 months after the first discovery of the "identity theft"by the "identity recovery insured". c.Mental Health Counseling as provided under paragraph g.of the definition of "identity recovery expenses"is subject to a sublimit of $1,000.This sublimit is part of, and not in addition to,the Expense Reimbursement coverage limit.Coverage is limited to counseling that tak es place within 12 months after the first discovery of the "identity theft"by the "identity recovery insured". D.DEDUCTIBLE Case Management Service is not subject to a deductible. Expense Reimbursement coverage is subject to a deductible of $250.Any one "identity recovery insured"shall be responsible for only one deductible under this Identity Recovery Coverage during any one policy period. E.The following additional conditions are added to Section F.-Property General Conditions and apply to this coverage: CONDITIONS 1.Assistance and Claims For assistance,the "identity recovery insured" should call the Identity Recovery Help Line at 1-866-989-2905. The Identity Recovery Help Line can provide the "identity recovery insured"with: a.Information and advice for how to respond to a possible "identity theft";and b.Instructions for how to submit a service request for Case Management Service and/or a claim form for Expense Reimbursement Coverage. In some cases,we may provide Case Management services at our expense to an "identity recovery insured"prior to a determination that a covered "identify theft"has occurred.Our provision of such services is not an admission of liability under the policy.We reserve the right to deny further coverage or service if,after investigation,we determine that a covered "identify theft"has not occurred. As respects Expense Reimbursement Coverage,the "identity recovery insured"must send to us,within 60 days after our request, receipts,bills or other records that support his or her claim for "identity recovery e xpenses." 2.Services The following conditions apply as respects any services provided by us or our designees to any "identity recovery insured"under this endorsement: a.Our ability to provide helpful services in the event of an "identity theft"depends on the cooperation,permission and assistance of the "identity recovery insured." b.All services may not be available or applicable to all individuals.For example, "identity recovery insureds"who are minors or foreign nationals may not have credit records that can be provided or monitored.Service in Canada will be different from service in United States and Puerto Rico in accordance with local conditions. c.W e do not warrant or guarantee that our services will end or eliminate all problems associated with an "identity theft"or prevent future "identity thefts." Form SS 41 12 12 17 Page 3 of 3 F.With respect to the provisions of this endorsement only,the following definitions are added to Section G.-Property Definitions: DEFINITIONS 1."Identity Recovery Case Manager"means one or more individuals assigned by us to assist an "identity recovery insured"with communications we deem necessary for re- establishing the integrity of the personal identity of the "identity recovery insured."This includes, with the permission and cooperation of the "identity recovery insured,"written and telephone communications with law enforcement authorities,governmental agencies,credit agencies and individual creditors and businesses. 2."Identity Theft"means the fraudulent use of the social security number or other method of identifying an "identity recovery insured."This includes fraudulently using the personal identity of an "identity recovery insured"to establish credit accounts,secure loans,enter into contracts or commit crimes. "Identity theft"does not include the fraudulent use of a business name,d/b/a or any other method of identifying a business activity. 3."Identity Recovery Expenses"means the following when they are reasonable and necessary expenses that are incurred in the United States or Canada as a direct result of an "identity theft": a.Costs for re-filing applications for loans, grants or other credit instruments that are rejected solely as a result of an "identity theft." b.Costs for notarizing affidavits or other similar documents,long distance telephone calls and postage solely as a result of your efforts to report an "identity theft"or amend or rectify records as to your true name or identity as a result of an "identity theft." c.Costs for up to twelve (12)credit reports from established credit bureaus dated within 12 months after your knowledge or discovery of an "identity theft." d.Legal Costs Fees and expenses for an attorney approved by us for: (1)Defending any civil suit brought against an "identity recovery insured"by a creditor or collection agency or entity acting on behalf of a creditor for non- payment of goods or services or default on a loan as a result of an "identity theft";and (2)Removing any civil judgment wrongfully entered against an "identity recovery insured"as a result of the "identity theft." e.Lost W ages Actual lost wages of the "identity recovery insured"for time reasonably and necessarily take away from work and away from the work premises.Time away from work includes partial or whole work days. Actual lost wages may include payment for vacation days,discretionary days,floating holidays and paid personal days.Actual lost wages does not include sick days or any loss arising from time taken away from self employment.Necessary time off does not include time off to do tasks that could reasonably have been done during non- working hours. f.Child and Elder Care Expenses Actual costs for supervision of children or elderly or infirm relatives or dependents of the "identity recovery insured"during time reasonably and necessarily taken away from such supervision.Such care must be provided by a professional care provider who is not a relative of the "identity recovery insured". g.Mental Health Counseling Actual costs for counseling from a licensed mental health professional.Such care must be provided by a professional care provider who is not a relative of the "identity recovery insured". 4."Identity Recovery Insured"means the following: a.A full time employee of the entity insured under this policy;or b.The owner of the entity insured under this policy who meets any of the following criteria: (1)A sole proprietor of the insured entity; (2)A partner in the insured entity;or (3)An individual having an ownership position of 20%or more of the insured entity. An "identity recovery insured"must always be an individual person.The entity insured under this policy is not an "identity recovery insured." All other provisions of this policy apply. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SS 41 51 10 09 Page 1 of 1 ©2009,The Hartford THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SS 41 63 06 11 Page 1 of 1 ©2011,The Hartford (Includes copyrighted material of Insurance Services Office,Inc.with its permission.) 1."Cracking"means cracking,separating,shrinking, bulging,or expanding; 5."Volcanic eruption"means the eruption,explosion or effusion of a volcano.It does not include volcanic action if loss by volcanic action is specifically covered in this policy; 2."Shifting"means shifting,rising,settling,sinking, or lateral or other movement; 6."Flood"means:3."Earth movement"means any earth movement, including but not limited to "earthquake,"landslide, mudflow,erosion,contraction or expansion, subsidence,any movement of earth resulting from water combining with the ground or soil,and any other "shifting"of earth;all whether or not combined with "flood"or "volcanic eruption."It does not include sinkhole collapse if loss by sinkhole collapse is specifically covered in this policy; a.Flood,surface water,waves,tides,tidal water, tidal waves,high water,and overflow of any body of water,or their spray,all whether driven by wind or not; b.Release of water held by a dam,levy or dike or by a water or flood control device; c.Water that backs up from a sewer or drain;or d.Water under the ground surface pressing on, or flowing,leaking or seeping through:4."Earthquake"means a shaking or trembling of the earth's crust,caused by underground volcanic or tectonic forces or by breaking or "shifting"of rock beneath the surface of the ground from natural causes.An "Earthquake"includes all related shocks and after shocks; (1)Foundations,walls,floors or paved surfaces; (2)Basements,whether paved or not;or (3)Doors,windows or other openings. Form IH 10 01 09 86 Printed in U.S.A.Page 2 of 2 Copyright,Hartford Fire Insurance Company,1986 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SS 05 47 09 15 Page 1 of 2 ©2015,The Hartford Page 2 of 2 Form SS 05 47 09 15 (3)Any equipment or device used for the processing,fabricating or alloying of "special nuclear material"if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (4)Any structure,basin,excavation,premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located,all operations conducted on such site and all premises used for such operations. e."Nuclear material"means "byproduct material", "source material"or "special nuclear material". f."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. g.Injury or damage and "property damage"include all forms of radioactive contamination of property. h."Spent fuel"means any fuel element or fuel component,solid or liquid,which has been used or exposed to radiation in a "nuclear reactor". i."Technology services"means: 1.the following services performed for others: a.Consulting,analysis,design,installation, training,maintenance,support and repair of or on:software,wireless applications,firmware,shareware, networks,systems,hardware,devices or components; b.Integration of systems; c.Processing of,management of,mining or warehousing of data; d.Administration,management,operation or hosting of:another party's systems, technology or computer facilities; e.W ebsite development;website hosting; f.Internet access services;intranet, extranet or electronic information connectivity services;software application connectivity services; g.Manufacture,sale,licensing, distribution,or marketing of:software, wireless applications,firmware, shareware,networks,systems, hardware,devices or components; h.Design and development of:code, software or programming; i.Providing software application: services,rental or leasing; j.Screening,selection,recruitmen t or placement of candidates for temporary or permanent employment by others as information technology professionals; k."Telecommunication services";and l."Telecommunication products". 2.web-related software and connectivity services performed for others;and 3.activities on the "named insured's" "computer system and network". THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SS 51 11 03 17 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SS 50 19 01 15 Page 1 of 1 ©2015,The Hartford (Includes copyrighted material of Insurance Services Office,Inc.with its permission) 72 SBA BD5477 ADDITIONAL INSURED -PERSON-ORGANIZATION THE COUNTY OF SAN DIEGO DEPT OF PURCHASING AND CONTRACTING 5560 OVERLAND AVE STE 270 SAN DIEGO,CA 92123 001 001 09/04/20 08/19/21 09/04/20 08/19/21 SENTINEL INSURANCE COMPANY,LIMITED ONE HARTFORD PLAZA,HARTFORD,CT 06155 72 SBA BD5477 DECKARD TECHNOLOGIES 1620 5TH AVE STE 400 SAN DIEGO CA 92101 08/19/20 08/19/21 $56 NONE 25,000 1,000 11/15/18 NOT INCLD NOT INCLD NA NOT INCLD NOT INCLD NOT INCLD SS00470316 09/04/20 Form SS 00 46 09 19 Page 1 of 1 Process Date:Policy Expiration Date: Form SS 00 47 03 16 ©2016,The Hartford DAT A BREACH COVERAGE -RESPONSE EXPENSE Form SS 00 47 03 16 QUICK REFERENCE DATA BREACH COVERAGE -RESPONSE EXPENSE READ YOUR POLICY CAREFULLY Beginning on Page SECTION A:INSURING AGREEMENT 1 SECTION B:LIMIT OF INSURANCE 1 SECTION C:WHO IS AN INSURED 1 SECTION D:DEDUCTIBLES 1 SECTION E:DUTIES IN THE EVENT OF LOSS 2 SECTION F:EXCLUSIONS 2 SECTION G:CONDITIONS 2 SECTION H:DEFINITIONS 3 Form SS 00 47 03 16 Page 1 of 3 ©2016,The Hartford DATA BREACH COVER AGE -RESPONSE EXPENSE Page 2 of 3 Form SS 00 47 03 16 Declarations.Subject to the terms and conditions of the Policy,we will pay the amount of loss in excess of the applicable deductible up to the applicable limit of insurance shown in the Coverage Part Declarations. E.DUTIES IN THE EVENT OF LOSS 1.You must report the "data breach"to us on or within 30 days of your discovery of the "data breach"and,you must: a.Immediately record the specifics of the "data breach",and the date discovered. b.Cooperate with us in the investigation of the "data breach". c.Assist us,upon our request in the enforcement of any right against any person or organization which may have accessed,lost,stolen or disclosed the information or data giving rise to a "data breach". d.You may not,except at your own cost, voluntarily make a payment,assume any obligation,or incur any expense without our prior written consent. 2.You have up to one year from the date of reporting a "data breach"to initiate the services provided to you. 3.As soon as possible,give us,and/or our agent,a description of how,when and where the "data breach"occurred,including but not limited to all of the following information as it becomes known to you: a.The method of "data breach"; b.The approximate date and time of the "data breach"; c.The approximate number of files compromised as a result of the "data breach"; d.A detailed description of the type and nature of the information that was compromised; e.Whether or not the information was encrypted,and,if so,the level of encryption; f.Whether or not law enforcement has been notified; g.If available,the place of domicile for all persons whose "personally identifiable information"was the subject of a "data breach"; h.If available,who received the information contained in the "data breach"and i.Any other access,information or documentation we reasonably require to investigate or adjust the loss 4.Take all reasonable steps to protect "personally identifiable information"remaining in your care,custody or control. 5.Preserve,and permit us to inspect,all evidence of the "data breach". 6.If requested,permit us to question you under oath,orally or in writing,at such times as may be reasonably required about any matter relating to this insurance or the loss,including copies of your books and records.In answering questions in writing,your answers must be signed. F.EXCLUSIONS This insurance does not cover: 1."Data breach expenses"relating to any "data breach"arising out of a criminal,fraudulent or dishonest act,error or omission,or any intentional or knowing violation of the law by an insured. 2."Data breach expenses"incurred in connection with any criminal investigations or proceedings,or any civil investigations or proceedings initiated by a governmental agency or authority. 3.Any costs to correct a deficiency in your systems,including but not limited to,data security,data storage or physical security and procedures. 4."Data breach expenses"related to a "data breach"arising out of any failure to apply or improper application of necessary software patches. 5.Any fines,penalties,or surcharges. 6.Costs or losses incurred by a person whose "personally identifiable information"was the subject of a "data breach"except as provided under "data breach expenses". 7."Data breach expenses"relating to any "data breach"that was known to an insured prior to the "policy period". 8."Data breach expenses"arising from a failure to comply with any state,federal,foreign or self-regulatory requirement around minimum data security standards. G.CONDITIONS 1.The first named insured must pay all premiums when due.We will pay any return premium to the first named insured. 2.Our obligation to pay "data breach expenses"will only be in excess of the applicable deductible as stated in the Coverage Part Declarations. 3.To the extent “data breach expenses”are paid for services provided by a third-party provider,you must use a third party provider DATA BREACH COVER AGE -RESPONSE EXPENSE Form SS 00 47 03 16 Page 3 of 3 4.that we designate or approve prior to the start of any services.You will have a direct relationship with the provider and all services providers work for you. We are not liable for any act or omission by any third party provider of services. 5.All "data breach(es)"that occur at the same time,or are caused by the same act,error, omission,defect or deficiency,or series of related acts,errors,omissions,defects or deficiencies,shall be considered to be a single "data breach",regardless of the number of claimants,victims,or the number of entities that obtained access to the "personally identifiable information"involved in the breach. H.DEFINITIONS The following definitions only apply to this form and any supplemental coverages or amendatory endorsements added to it by endorsement. 1.“Coverage territory”means all parts of the world,provided that no trade or economic sanction,embargo,insurance or other laws or regulations prohibit us from paying “data breach expenses”in relation to the “data breach”.Payment of “data breach expenses” relating to notification expenses is only available in jurisdictions or countries that maintain data breach notice laws that requires notification of victims of a “data breach”. 2."Data breach"means the loss,theft, accidental release or accidental publication of "personally identifiable information",or circumstances objectively giving rise to a substantial risk that such a loss,theft,release or publication has occurred. 3."Data breach expenses"means reasonable: a.Notification expenses to notify a person whose "personally identifiable informa tion" was the subject of a “data breach”in compliance with mandatory "data breach" notification statutes or regulations. b.Crisis management expenses to perform services by any public relations firm,crisis management firm or law firm to minimize potential harm to the insured.Crisis management expenses also includes the fees and costs of a company hired to operate a call center to handle inquiries from the parties affected by a “data breach”. c.Monitoring service expenses to provide “data breach”victims with credit,fraud, public records or other monitoring alerts for up to one year,if determined to be warranted by us or the service provider. d."Good faith advertising services". e."Legal and forensic services". 4.“Good faith advertising services”means services provided to assist in organizing the insured’s media responses in relation to a “data breach”. 5.“Legal and forensic services”means reimbursement for the verification of compliance with data breach notification laws. “Legal and forensic services”also provides coverage for the investigation of computer hacking incidents,lost and stolen property, cyber extortion,database fraud and determinations as to whether or not data was accessed. 6."Personally identifiable information"means an individual’s social security number,bank account number,credit and debit card account numbers,PIN numbers or transaction history, driver’s license number,medical diagnosis, patient history and medications and any other applicable private information that may be defined by state,federal or applicable foreign law. 7."Policy period"means the time beginning with the effective date shown in the Coverage Part Declarations and ending with the earlier of: a.The date of cancellation;or b.The expiration date shown in the Coverage Part Declarations. 8."Retroactive date"means the date displayed on the Coverage Part Declarations.If no date is entered on the Coverage Part Declarations, the "retroactive date"is the same as the effective date. DECKARD TECHNOLOGIES 72 SBA BD5477 08/19/20 08/19/21 SENTINEL INSURANCE COMPANY,LIMITED 09/04/20 08/19/21 SENTINEL INSURANCE COMPANY,LIMITED ONE HARTFORD PLAZA,HARTFORD,CT 06155 72 SBA BD5477 DECKARD TECHNOLOGIES 1620 5TH AVE STE 400 SAN DIEGO CA 92101 08/19/20 08/19/21 ADVANCE PREMIUM $10,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 G-30610197 G-30610197 SX80041008 SX80020405 SX02420317 SX21040697 SX21050697 SX21100697 SX21770319 SX21821008 SX21940317 SX22951008 SX23151215 SX24010401 SX24330610 09/04/20 Form SX 80 01 06 97 T Printed in U.S.A.(NS) Process Date:Policy Expiration Date: Insurer: This Declarations Page,with Umbrella Liability Provisions and Endorsements,if any,issued to form a part thereof, shall together constitute this Umbrella Liability Supplemental Contract,which in turn forms a part of Policy Number shown below. None of the provisions of the policy to which this Supplemental Contract is attached applies to the Umbrella Liability Insurance provided hereunder. Wherever the word "policy"appears in this form or in endorsements attached to or made a part of this Supplemental Contract,it means "Supplemental Contract". POLICY NUMBER: DECLARATIONS Named Insured and Mailing Address: Policy Period From:To: 12:01 A.M.,Standard time at the address of the named insured as stated herein. Premium $INCLUDED Self Insured Retention each occurrence The Limits of Insurance subject to all the terms of this policy that apply are: Each Occurrence Products-Completed Operations Aggregate Limit General Aggregate Limit (Other than Products -Completed Operations,Bodily Injury By Disease and Automobile) Bodily Injury By Disease Aggregate Limit Schedule of Underlying Insurance Policies See Attached "Extension Schedule of Underlying Insurance Policies" Form Numbers of Forms and Endorsements that apply. Countersigned by THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SX 80 02 04 05 Page 1 of 14 ©2005,The Hartford UMBRELLA LIABILITY PROVISIONS Page 2 of 14 Form SX 80 02 04 05 a.To pay for the cost of investigation,defense or settlement of any claim or suit against any "insured"alleging actual or threatened injury or damage of any nature or kind to persons or property which arises out of or would not have occurred but for the pollution hazard;or b.To pay any "damages",judgments, settlements,loss,costs or expenses that may be awarded or incurred: (1)By reason of any such claim or suit or any such injury or damage;or (2)In complying with any action authorized by law and relating to such injury or damage. As used in this exclusion,pollution hazard means an actual exposure or threat of exposure to the corrosive,toxic or other harmful properties of any solid,liquid,gaseous or thermal: a.Pollutants; b.Contaminants; c.Irritants;or d.Toxic substances; Including: Smoke; Vapors; Soot; Fumes; Acids; Alkalis; Chemicals,and Waste materials consisting of or containing any of the foregoing.Waste includes materials to be recycled,reconditioned or reclaimed. EXCEPTION This exclusion does not apply: a.To "bodily injury"to any of your "employees" arising out of and in the course of their employment by you;or b.To injury or damage as to which valid and collectible "underlying insurance"with at least the minimum limits shown in the Extension Schedule of Underlying Insurance Policies is in force and applicable to the "occurrence".In such event,any coverage afforded by this policy for the "occurrence"will be subject to the pollution exclusions of the "underlying insurance"and to the conditions,limits and other provisions of this policy.In the event that "underlying insurance"is not maintained with limits of liability as set forth in the Extension Schedule of Underlying Insurance Policies,coverage under any of the provisions of this exception does not apply. Exception b.does not apply to: "Bodily injury"or "property damage"arising out of the actual,alleged or threatened discharge, dispersal,seepage,migration,release or escape of "pollutants": (1)That are,or that are contained in any property that is: (a)Being transported or towed by,or handled for movement into,onto or from,any "auto"; (b)Otherwise in the course of transit by or on behalf of the "insured";or (c)Being stored,disposed of,treated or processed in or upon any "auto"; (2)Before the "pollutants"or any property in which the "pollutants"are contained are moved from the place where they are accepted by the "insured"for movement into or onto any "auto";or (3)After the "pollutants"or any property in which the "pollutants"are contained are moved from any "auto"to the place where they are finally delivered,disposed of or abandoned by the "insured". Paragraph (1)above does not apply to fuels, lubricants,fluids,exhaust gases or other similar "pollutants"that are needed for or result from the normal electrical,hydraulic or mechanical functioning of an "auto",covered by the "underlying insurance"or its parts,if: (a)The "pollutants"escape,seep,migrate,or are discharged or released directly from an "auto"part designed by its manufacturer to hold,store,receive or dispose of such "pollutants";and (b)The "bodily injury","property damage"or "covered pollution cost or expense"does not arise out of the operation of any equipment listed in Paragraphs f.(2)or f.(3).of the definition of "mobile equipment"in the Business Liability Coverage Form. Paragraphs (2)and (3)above do not apply to "accidents"that occur away from premises owned by or rented to an "insured"with respect to "pollutants"not in or upon an "auto"covered by the "underlying insurance"if: (a)The "pollutants"or any property in which the "pollutants"are contained are upset, overturned or damaged as a result of the maintenance or use of the "auto";and UMBRELLA LIABILITY PROVISIONS Form SX 80 02 04 05 Page 3 of 14 (b)The discharge,dispersal,seepage, migration,release or escape of the "pollutants"is caused directly by such upset,overturn or damage. 2.Workers'Compensation and Similar Laws Any obligation of the "insured"under a workers'compensation,disability benefits or unemployment compensation law or any similar law. 3.Contractual Liability Liability assumed by the "insured"under any contract or agreement with respect to an "occurrence"taking place before the contract or agreement is executed. 4.Personal and Advertising Injury "Personal and advertising injury". EXCEPTION This exclusion does not apply if "underlying insurance"is applicable to "personal and advertising injury"and to claims arising out of that "personal and advertising injury". 5.Underlying Insurance Any injury or damage: a.Covered by "underlying insurance"but for any defense which any underlying insurer may assert because of the "insured's"failure to comply with any condition of its policy;or b.For which "damages"would have been payable by "underlying insurance"but for the actual or alleged insolvency or financial impairment of an underlying insurer. 6.Aircraft "Bodily injury"or "property damage"arising out of the ownership,operation,maintenance,use, entrustment to others,"loading or unloading"of any aircraft: a.Owned by any "insured";or b.Chartered or loaned to any "insured". This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision,hiring,employment,training or monitoring of others by an "insured",if the "occurrence"which caused the "bodily injury"or "property damage"involved the ownership, maintenance,use or entrustment to others of any aircraft that is owned or operated by or rented or loaned to any "insured". This exclusion does not apply to aircraft that is: a.Hired,chartered or loaned with a paid crew; but b.Not owned by any "insured". This exclusion does not apply to "bodily injury" to any of your "employees"arising out of and in the course of their employment by you. 7.Watercraft "Bodily injury"or "property damage"arising out of the ownership,operation,maintenance,use, entrustment to others,"loading or unloading"of any watercraft. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision,hiring,employment,training or monitoring of others by an "insured",if the "occurrence"which caused the "bodily injury"or "property damage"involved the ownership, maintenance,use or entrustment to others,of any watercraft that is owned or operated by or rented or loaned to,any "insured". This exclusion does not apply to: a.Watercraft you do not own that is: (1)Less than 51 feet long;and (2)Not being used to carry persons for a charge; b."Bodily injury"to any of your "employees" arising out of and in the course of their employment by you;or c.Any watercraft while ashore on premises owned by,rented to or controlled by you. 8.War Any injury or damage,however caused,arising, directly or indirectly,out of: a.War,including undeclared or civil war; b.Warlike action by a military force,including action in hindering or defending against an actual or expected attack by any government, sovereign or other authority using military personnel or other agents;or c.Insurrection,rebellion,revolution,usurped power,or action taken by governmental authority in hindering or defending against any of these. 9.Damage to Property "Property damage"to property you own. 10.Damage to Your Product "Property damage"to "your product"arising out of it or any part of it. UMBRELLA LIABILITY PROVISIONS Page 4 of 14 Form SX 80 02 04 05 11.Damage to Your Work "Property damage"to "your work"arising out of it or any part of it and included in the "products- completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. 12.Damage to Impaired Property or Property Not Physically Injured "Property damage"to "impaired property"or property that has not been physically injured arising out of: 1.A defect,deficiency,inadequacy or dangerous condition in "your product"or "your work";or 2.A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product"or "your work"after it has been put to its intended use. 13.Recall of Products,Work or Impaired Property "Damages"claimed for any loss,cost or expense incurred by you or others for the loss of use, withdrawal,recall,inspection,repair,replacement, adjustment,removal or disposal of: a."Your product"; b."Your work";or c."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. 14.Expected or Intended "Bodily injury"or "property damage"expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage"resulting from the use of reasonable force to protect persons or property. 15.Employer Liability With respect to coverage afforded any of your "employees",to "bodily injury"or "personal and advertising injury": a.To other "employees"arising out of and in the course of their employment; b.To the spouse,child,parent,brother or sister of that "employee"as a consequence of such "bodily injury"to that "employee"; c.To you,or any of your partners or members (if you are a partnership or joint venture),or your members (if you are a limited liability company);or d.Arising out of the providing or failing to provide professional health care services. Subparagraphs a.and b.of this exclusion apply: (1)Whether the "insured"may be liable as an employer or in any other capacity;and (2)To any obligation to share "damages"with or repay someone else who must pay "damages"because of the injury. EXCEPTION Subparagraphs a.and b.of this exclusion do not apply if "underlying insurance"is maintained providing coverage for such liability with minimum underlying limits,as described in the Extension Schedule of Underlying Insurance Polices. 16.Property Damage to Employee’s Property With respect to coverage afforded any of your "employees",to "property damage"to property owned or occupied by or rented or loaned to: a.That "employee"; b.Any of your other "employees"; c.Any of your partners or members (i f you are a partnership or joint venture);or d.Any of your members (if you are a limited liability company); 17.Uninsured or Underinsured Motorists Any claim for: a.Uninsured or Underinsured Motorists Coverage; b.Personal injury protection; c.Property protection;or d.Any similar no-fault coverage by whatever name called; unless this policy is endorsed to provide such coverage. 18.Employment Practices Liability Any injury or damage to: 1.A person arising out of any: (a)Refusal to employ that person; (b)Termination of that person’s employment; or UMBRELLA LIABILITY PROVISIONS Form SX 80 02 04 05 Page 5 of 14 (c)Any employment-related practices, policies,acts or omissions,such as coercion,demotion,evaluation, reassignment,discipline,defamation, harassment,humiliation or discrimination directed at that person;or 2.The spouse,child,parent,brother or sister of that person,as a consequence of "bodily injury"or "personal and advertising injury"to that person at whom any of the employment-related practices described in paragraphs (a),(b),or (c)above is directed. This exclusion applies: i.Whether the "insured"may be liable as an employer or in any other capacity;and ii.To any obligation to share "damages"with or repay someone else who must pay "damages"because of the injury. 19.Employee Retirement Income Security Act Any liability arising out of intentional or unintentional violation of any provision of the Employee Retirement Income Security Act of 1974,Public Law 93-406 (commonly referred to as the Revision Act of 1974),or any amendments to them. 20.Asbestos Any injury,"damages",loss,cost or expense, including but not limited to "bodily injury", "property damage"or "personal and advertising injury"arising out of,or relating to,in whole or in part,the "asbestos hazard"that: a.May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard";or b.Arise out of any request,demand,order,or statutory or regulatory requirement that any "insured"or others test for,monitor,clean up,remove,encapsulate,contain,treat, detoxify or neutralize or in any way respond to or assess the effects of any "asbestos hazard";or c.Arise out of any claim or suit for "damages" because of testing for,monitoring,cleaning up,removing,encapsulating,containing, treating,detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". 21.Racing And Stunting Activities "Bodily injury"or "property damage"arising out of the ownership,operation,maintenance,use, entrustment to others,"loading or unloading"of an "auto"or "mobile equipment"while being used in any: a.Prearranged or organized racing,speed or demolition contest; b.Stunting activity;or c.Preparation for any such contest or activity. 22.Electronic Data "Damages"arising out of the loss of,loss of use of,damage to,corruption of,inability to access, or inability to manipulate "electronic data". 23.Limited Underlying Coverage Any injury,damage,loss,costs or expense, including but not limited to "bodily injury", "property damage"or "personal and advertising injury"for which: a.An "underlying insurance"policy or policies specifically provides coverage;but that b.Because of a provision within the "underlying insurance",such coverage is provided at a limit or limits of insurance that are less than the limit(s)for the "underlying insurance"policy or policies shown on the Extension Schedule of Underlying Insurance Policies. 24.Violation Of Statutes That Govern E-Mails, Fax,Phone Calls Or Other Methods Of Sending Material Or Information "Bodily injury","property damage",or "personal and advertising injury"arising directly or indirectly out of any action or omission that violates or is alleged to violate: a.The Telephone Consumer Protection Act (TCPA),including any amendment of or addition to such law; b.The CAN-SPAM Act of 2003,including any amendment of or addition to such law;or c.Any statute,ordinance or regulation,other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting,communicating or distribution of material or information. SECTION II -INVESTIGATION,DEFENSE, SETTLEMENT A.With respect to "bodily injury","property damage"or "personal and advertising injury"to which this insurance applies (whether or not the "self-insured retention"applies)and UMBRELLA LIABILITY PROVISIONS Page 6 of 14 Form SX 80 02 04 05 1.For which no coverage is provided under any "underlying insurance";or 2.For which the underlying limits of any "underlying insurance"policy have been exhausted solely by payments of "damages"because of "occurrences" during the "policy period"; We: 1.Will have the right and the duty to defend any "suit"against the "insured"seeking "damages" on account thereof,even if such "suit"is groundless,false or fraudulent;but our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under coverages afforded by this policy; 2.May make such investigation and settlement of any claim or "suit"as we deem expedient; 3.Will pay all expenses incurred by us,all costs taxed against the "insured"in any "suit" defended by us and all interest on the entire amount of any judgment therein which accrues after the entry of the judgment and before we have paid or tendered or deposited in court that part of the judgment which does not exceed the applicable limit of insurance; 4.Will pay all premiums on appeal bonds required in any such "suit",premiums on bonds to release attachments in any such "suit"for an amount not in excess of the applicable limit of insurance,and the cost of bail bonds required of the "insured" because of an accident or traffic law violation arising out of the operation of any vehicle to which this policy applies,but we will have no obligation to apply for or furnish any such bonds; 5.Will pay all reasonable expenses incurred by the "insured"at our request in assisting us in the investigation or defense of any claim or "suit", including actual loss of earnings not to exceed $500 per day per "insured"; and the amounts so incurred,except settlement of claims and "suits",are not subject to the "self- insured retention"and are payable in addition to any applicable limit of insurance. The "insured"agrees to reimburse us promptly for amounts paid in settlement of claims or "suits"to the extent that such amounts are within the "self-insured retention". B.You agree to arrange for the investigation,defense or settlement of any claim or "suit"in any country where we may be prevented by law from carrying out this agreement.We will pay defense expenses incurred with our written consent in connection with any such claim or "suit"in addition to any applicable limit of insurance.We will also promptly reimburse you for our proper share,but subject to the applicable limit of insurance,of any settlement above the "self-insured retention"made with our written consent. C.We will have the right to associate at our expense with the "insured"or any underlying insurer in the investigation,defense or settlement of any claim or "suit"which in our opinion may require payment hereunder.In no event,however,will we contribute to the cost and expenses incurred by any underlying insurer. SECTION III -WHO IS AN INSURED A.If you are doing business as: 1.An individual,you and your spouse are "insureds",but only with respect to the conduct of a business of which you are the sole owner. 2.A partnership or joint venture,you are an "insured".Your members,your partners,and their spouses are also "insureds",but only with respect to the conduct of your business. 3.A limited liability company,you are an "insured". Your members are also "insureds",but with only respect to the conduct of your business.Your managers are "insureds",but only with respect to their duties as your managers. 4.An organization other than a partnership,joint venture or limited liability company,you are an "insured".Your "executive officers"and directors are "insureds",but only with respect to their duties as your officers or directors.Your stockholders are also "insureds",but only with respect to their liability as stockholders. 5 A trust,you are an "insured".Your trustees are also "insureds",but only with respect to their duties as trustees. B.Each of the following is also an "insured": 1.Your "volunteer workers"only while performing duties related to the conduct of your business or your "employees"other than your "executive officers"(if you are an organization other than a partnership,joint venture or limited liability company)or your managers (if you are a limited liability company),but only for acts: a.Within the scope of their employment by you or while performing duties related to the conduct of your business;and b.Only if such "volunteer workers"or "employees"are "insureds"in the "underlying insurance"with limits of UMBRELLA LIABILITY PROVISIONS Form SX 80 02 04 05 Page 7 of 14 liability at least as high as set forth in the Extension Schedule of Underlying Insurance Policies,subject to all the limitations upon coverage and all other policy terms and conditions of such "underlying insurance"and this policy. 2.Any person or organization with whom you agreed,because of a written contract,written agreement or because of a permit issued by a state or political subdivision,to provide insurance such as is afforded under this policy, but only with respect to your operations,"your work"or facilities owned or used by you. This provision does not apply: a.Unless the written contract or written agreement has been executed,or the permit has been issued,prior to the "bodily injury," "property damage,"or "personal and advertising injury";and b.Unless the limits of liability specified in such written contract,written agreement or permit are greater than the limits of liability provided by the "underlying insurance". c.Beyond the period of time required by the written contract,written agreement or permit. 3.Any person or organization having proper temporary custody of your property if you die, but only: a.With respect to liability arising out of the maintenance or use of that property;and b.Until your legal representative has been appointed 4.Your legal representative if you die,but only with respect to his or her duties as such.That representative will have all your rights and duties under this policy. C.With respect to any "auto",any "insured"in the "underlying insurance"is an "insured"under this insurance policy,subject to all the limitations of such "underlying insurance". D.With respect to "mobile equipment"registered in your name under any motor vehicle registration law,any person is an "insured"while driving such equipment along a public highway with your permission.Any other person or organization responsible for the conduct of such person is also an "insured",but only with respect to liability arising out of the operation of the equipment,and only if no other insurance of any kind is available to that person or organization for this liability.However,no person or organization is an "insured"with respect to: 1."Bodily injury"to a co-"employee"of the person driving the equipment;or 2."Property damage"to property owned by,rented to,in the charge of or occupied by you or the employer of any person who is an "insured" under this provision. E.Any organization you newly acquire or form,other than a partnership,joint venture or limited liability company,and over which you maintain financial interest of more than 50%of the voting stock,will qualify as an "insured"if there is no other similar insurance available to that organization. However: 1.Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the "policy period", whichever is earlier; 2.This insurance does not apply to "bodily injury" or "property damage"that occurred before you acquired or formed the organization;and 3.This insurance does not apply to "personal and advertising injury"arising out of an offense committed before you acquired or formed the organization. F.Each person or organization,not included as an "insured"in Paragraphs A.,B.,C.,D.,or E.,who is an "insured"in the "underlying insurance"is an "insured"under this insurance subject to all the terms,conditions and limitations of such "underlying insurance". No person or organization is an "insured"with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. With respect to any person or organization who is not an "insured"under "underlying insurance", coverage under this policy shall apply only to loss in excess of the amount of the "underlying insurance" or "self-insured retention"applicable to you. However,coverage afforded by reason of the provisions set forth above applies only to the extent: (i)Of the scope of coverage provided by the "underlying insurance"but in no event shall coverage be broader than the scope of coverage provided by this policy and any endorsements attached hereto;and (ii)That such coverage provided by the "underlying insurance"is maintained having limits as set forth in the Extension Schedule of Underlying Insurance Policies. UMBRELLA LIABILITY PROVISIONS Page 8 of 14 Form SX 80 02 04 05 SECTION IV -LIMITS OF INSURANCE A.The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: 1."Insureds"; 2.Claims made or "suits"brought; 3.Persons or organizations making claims or bringing "suits";or 4.Coverages under which "damages"are covered under this policy. B.The Limit of Insurance stated as the General Aggregate Limit is the most we will pay for the sum of "damages",other than "damages": 1.Because of injury or damage included within the "products-completed operations hazard"; 2.Because of "bodily injury"by disease to your "employees"arising out of and in the course of their employment by you;and 3.Because of "bodily injury"or "property damage" arising out of the ownership,operation, maintenance,use,entrustment to others, "loading or unloading"of any "auto". C.The Limit of Insurance stated as the Products Completed Operations Aggregate Limit is the most we will pay for "damages"because of injury or damage included within the "products-completed operations hazard". D.The Limit of Insurance stated as the Bodily Injury By Disease Aggregate Limit is the most we will pay for "damages"because of "bodily injury"by disease to your "employees"arising out of and in the course of their employment by you. E.Subject to B.,C.,or D.above,whichever applies, the Each Occurrence Limit is the most we will pay for "damages"because of all "bodily injury", "property damage",and "personal and advertising injury"arising out of any one "occurrence". F.Our obligations under this insurance,except for our obligations under the Cancellation and Nonrenewal Conditions,end when the applicable Limit of Insurance available is used up.If we pay any amounts for "damages"in excess of that Limit of Insurance,you agree to reimburse us for such amounts. G.The limits of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months,starting with the beginning of the "policy period"shown in the Declarations.However,if the "policy period"is extended after issuance for an additional period of less than 12 months,the additional period will be deemed part of the last preceding period for the purpose of determining the Limits of Insurance. SECTION V -NUCLEAR ENERGY LIABILITY EXCLUSION (Broad Form) A.The insurance does not apply: 1.To "bodily injury"or "property damage": a.With respect to which an "insured"under the policy is also 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 be an "insured" under any such policy but for its termination upon exhaustion of its limit of liability;or b.Resulting from the "hazardous properties"of "nuclear material"and with respect to which (a)any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954,or any law amendatory thereof,or (b)the "insured"is, or had this policy not been issued would be, entitled to indemnity from the United States of America,or any agency thereof,under any agreement entered into by the United States of America,or any agency thereof, with any person or organization. 2.To "bodily injury"or "property damage"resulting from the "hazardous properties"of "nuclear material"if: a.The "nuclear material"(a)is at any "nuclear facility"owned by,or operated by or on behalf of,an "insured"or (b)has been discharged or dispersed therefrom; b.The "nuclear material"is contained in "spent fuel"or "waste"at any time possessed, handled,used,processed,stored, transported or disposed of by or on behalf of an "insured";or c.The "bodily injury"or "property damage"arises out of the furnishing by an "insured"of services,materials,parts or equipment in connection with the planning,construction, maintenance,operation or use of any "nuclear facility",but if such facility is located within the United States of America,its territories or possessions or Canada,this exclusion (c) applies only to "property damage"to such "nuclear facility"and any property thereat. B.As used in this exclusion: "Hazardous properties"include radioactive,toxic or explosive properties; UMBRELLA LIABILITY PROVISIONS Form SX 80 02 04 05 Page 9 of 14 "Nuclear material"means "source material","special nuclear material"or "by-product material"; "Source material","special nuclear material"and "by-product material"have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "Spent fuel"means any fuel element or fuel component,solid or liquid,which has been used or exposed to radiation in a "nuclear reactor"; "Waste"means any waste material (a)containing "by-product material"other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material"content,and (b) resulting from the operation by any person or organization of any "nuclear facility"included under the first two paragraphs of the definition of "nuclear facility". "Nuclear facility"means: (1)Any "nuclear reactor"; (2)Any equipment or device designed or used for (1)separating the isotopes of uranium or plutonium,(2)processing or utilizing "spent fuel",or (3)handling,processing or packaging "waste"; (3)Any equipment or device used for the processing,fabricating or alloying of "special nuclear material"if at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof,or more than 250 grams of uranium 235; (4)Any structure,basin,excavation,premises or place prepared or used for the storage or disposal of "waste";and includes the site on which any of the foregoing is located,all operations conducted on such site and all premises used for such operations; "Nuclear reactor"means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; "Property damage"includes all forms of radioactive contamination of property. SECTION VI -CONDITIONS A.Premium All premiums for this policy shall be computed in accordance with the Premium Section of the Declarations.The premium stated as such in the Declarations is a deposit premium only which shall be credited to the amount of any earned premium. At the close of each "policy period",the earned premium shall be computed for such period,and upon notice thereof to the Named Insured first shown in the Declarations,shall become due and payable by such Named Insured.If the total earned premium for the "policy period"is less than the premium previously paid and more than the minimum premium,we shall return to such Named Insured the unearned portion paid by such Named Insured. The Named Insured first shown in the Declarations shall maintain records of such information as is necessary for premium computation,and shall send copies of such records to us at the end of the "policy period"and at such times during the "policy period"as we may direct. B.Inspection and Audit We shall be permitted but not obligated to inspect your property and operations at any time.Neither our right to make inspections,nor the making thereof,nor any report thereon,shall constitute an undertaking on your behalf or for your benefit or that of others to determine or warrant that such property or operations are: 1.Safe; 2.Healthful;or 3.In compliance with any law,rule or regulation. We may examine and audit your books and records at any time during the "policy period"and extensions thereof and within three years after the final termination of this policy,insofar as they relate to the subject matter of this policy. C.Duties In The Event Of Occurrence,Claim or Suit 1.You must see to it that we are notified as soon as practicable of an "occurrence"which may result in a claim under this policy.This requirement applies only when such "occurrence"is known to any of the following: (a)You,or any additional insured that is an individual; (b)Any partner,if you or an additional insured are a partnership; (c)Any manager,if you or an additional insured are a limited liability company; (d)Any "executive officer"or insurance manager,if you or an additional insured are a corporation. (e)Any trustee,if you or an additional insured is a trust;or (f)Any elected or appointed official,if you or an additional insured is a political subdivision or public entity. UMBRELLA LIABILITY PROVISIONS Page 10 of 14 Form SX 80 02 04 05 This duty applies separately to you and any additional insured. To the extent possible,notice should include: (a)How,when and where the "occurrence"took place; (b)The names and addresses of any injured persons and witnesses;and (c)The nature and location of any injury or damage arising out of the "occurrence"or "offense". 2.If a claim is made or "suit"is brought against any "insured",you must: (1)Immediately record the specifics of the claim or "suit"and the date received;and (2)Notify us in writing as soon as practicable if the claim is likely to exceed the amount of the "self-insured retention"or "underlying insurance",whichever applies. 3.You and any other involved "insured"must: (a)Immediately send us copies of any demands, notices,summonses or legal papers received in connection with the claim or "suit"involving or likely to involve a sum in excess of any "self-insured retention"or "underlying insurance",whichever applies"; (b)Authorize us to obtain records and other information; (c)Cooperate with us in the investigation or settlement of the claim or defense against the "suit";and (d)Assist us,upon our request in the enforcement of any right against any person or organization which may be liable to the "insured"because of injury or damage to which this policy or any "underlying insurance"or "self-insured retention"may apply. 4.No "insured"will,except at that "insured's"own cost,make or agree to any settlement for a sum in excess of: (a)The total limits of "underlying insurance";or (b)The "self-insured retention"if no "underlying insurance"applies without our consent. 5.No "insured"will,except at that "insured's"own cost,make a payment,assume any obligation, or incur any expenses,other than first aid, without our consent. D.Assistance and Cooperation of the Insured The "insured"shall: 1.Cooperate with us and comply with all the terms and conditions of this policy;and 2.Cooperate with any of the underlying insurers as required by the terms of the "underlying insurance"and comply with all the terms and conditions thereof. The "insured"shall enforce any right of contribution or indemnity against any person or organization who may be liable to the "insured"because of "bodily injury","property damage"or "personal and advertising injury"with respect to this policy or any "underlying insurance". E.Legal Action Against Us No person or organization has a right under this policy: a.To join us as a party or otherwise bring us into a "suit"asking for "damages"from an "insured";or b.To sue us on this policy unless all of its terms and those of the "underlying 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";but,we will not be liable for "damages"that are not payable under the terms of this policy or that are in excess of the applicable Limits of Insurance.An agreed settlement means a settlement and release of liability signed by us,the "insured"and the claimant or the claimant's legal representative. F.Appeals In the event the "insured"or the "insured's " underlying insurer elects not to appeal a judgment in excess of the "underlying insurance"or the "self- insured retention",we may elect to make such appeal,at our cost and expense.If we so elect,we shall be liable in addition to the applicable Limit of Insurance,for the: 1.Taxable costs; 2.Disbursements;and 3.Additional interest incidental to such appeal; but in no event will we be liable for "damages"in excess of the applicable aggregate Limit of Insurance. If a judgment is rendered in excess of the limits of "underlying insurance"and we offer to pay our full share of such judgment,but you or your underlying insurers elect to appeal it,you,your underlying insurers or both will bear: a.The cost and duty of obtaining any appeal bond; b.The taxable costs,disbursements and additional interest incidental to such appeal;and UMBRELLA LIABILITY PROVISIONS Form SX 80 02 04 05 Page 11 of 14 c.Any increase in "damages"over the amount the matter could have been settled for after the verdict was entered and before the appeal was filed. G.Other insurance This policy shall apply in excess of all "underlying insurance"whether or not valid and collectible.It shall also apply in excess of other valid and collectible insurance (except other insurance purchased specifically to apply in excess of this insurance)which also applies to any loss for which insurance is provided by this policy. These excess provisions apply,whether such other insurance is stated to be: 1.Primary; 2.Contributing; 3.Excess;or 4.Contingent; Provided that if such other insurance provides umbrella coverage in excess of "underlying insurance"or a "self- insured retention",this policy shall contribute therewith with respect to "damages". However,we shall not be liable for a greater proportion of such loss than the amount which would have been payable under this policy bears to the sum of: 1.Said amount;and 2.The amounts which would have been payable under each other umbrella policy applicable to such loss,had each such policy been the only policy so applicable. H.Transfer Of Rights Of Recovery Against Others To Us a.If the "insured"has rights to recover all or a part of any payment we have made under this policy, those rights are transferred to us.The "insured" must do nothing after a loss to impair them.At our request,the "insured"will bring "suit"or transfer those rights to us and help us enforce them. b.Recoveries shall be applied to reimburse: (1)First,any interest (including the Named Insured)that paid any amount in excess of our limit of liability: (2)Second,us,along with any other insurers having a quota share interest at the same level; (3)Third,such interests (including the Named Insured)of whom this insurance is excess. However,a different apportionment may be made to effect settlement of a claim by agreement signed by all interests. c.Reasonable expenses incurred in the exercise of rights of recovery shall be apportioned among all interests in the ratio of their respective losses for which recovery is sought. I.Changes This policy contains all the agreements between you and us concerning the insurance afforded.Notice to any agent,or knowledge possessed by any agent or any other person shall not effect a waiver or a change in any part of this policy,or stop us from asserting any rights under the terms of this policy. The Named Insured first shown in the Declarations is authorized on behalf of all "insureds"to agree with us on changes in the terms of this policy. If the terms are changed,the changes will be shown in an endorsement issued by us and made a part of this policy. J.Separation Of Insureds Except with respect to the Limits of Liability,and any rights or duties specifically assigned in this policy to the Named Insured first shown in the Declarations,this insurance applies: a.As if each Named Insured were the only Named Insured;and b.Separately to each "insured"against whom claim is made or "suit"is brought. K.Maintenance of Underlying Insurance Policies affording in total the coverage and limits stated in the Extension Schedule of Underlying Insurance Policies shall be maintained in full effect during the currency of this policy.Your failure to comply with the foregoing shall not invalidate this policy,but in the event of such failure,we shall be liable only to the extent that we would have been liable had you complied herewith. The Named Insured first shown in the Declarations shall give us written notice as soon as practicable of any of the following: 1.Any change in the coverage or in the limits of any "underlying insurance",including but not limited to a change from occurrence coverage to claims made coverage; 2.Termination of part or all of one or more of the policies of "underlying insurance"; 3.Reduction or exhaustion of an aggregate limit of liability of any "underlying insurance". The "self-insured retention"shall not apply should the "underlying insurance"be exhausted by the payment of claims or "suits"which are also covered by this policy. UMBRELLA LIABILITY PROVISIONS Page 12 of 14 Form SX 80 02 04 05 L.Cancellation 1.The Named Insured first shown in the Declarations may cancel this policy by mailing or delivering to us or to any of our authorized agents advance written notice of cancellation. 2.We may cancel this policy by mailing or delivering to the Named Insured first shown in the Declarations at the address shown in this policy,written notice of cancellation at least: a.10 days before the effective date of cancellation if such Named Insured fails to pay the premium or any installment when due;or b.30 days before the effective date of cancellation if we cancel for any other reason. 3.If notice is mailed,proof of mailing will be sufficient proof of notice.Notice will state the effective date of cancellation.The "policy period"will end on that date.Delivery of such notice by the Named Insured first shown in the Declarations or by us will be equivalent to mailing. 4.If the Named Insured first shown in the Declarations cancels,the refund may be less than pro rata,but we will retain any minimum premium stated as such in the Declarations.If we cancel,the refund will be pro rata.The cancellation will be effective even if we have not made or offered a refund. M.Nonrenewal 1.If we decide not to renew,we will mail or deliver to the Named Insured first shown in the Declarations,at the address shown in this policy,wri tten notice of nonrenewal at least 30 days before the end of the "policy period". 2.If notice is mailed,proof of mailing will be sufficient proof of notice. 3.If we offer to renew but such Named Insured does not accept,this policy will not be renewed at the end of the current "policy period". N.Workers'Compensation Agreement With respect to "bodily injury"to any officer or other "employee"arising out of and in the course of employment by you,you represent and agree that you have not abrogated and will not abrogate your common-law defenses under any Workers' Compensation Law by rejection of such law or otherwise.If at any time during the "policy period" you abrogate such defenses,the insurance for "bodily injury"to such officer or other "employee" automatically terminates at the same time. O.Bankruptcy or Insolvency In the event of the bankruptcy or insolvency of the "insured"or any entity comprising the "insured",we shall not be relieved of any of our obligations under this policy. P.Representations By accepting this policy,you agree: a.The statements in the Declarations are accurate and complete; b.The statements in the Extension Schedule of Underlying Insurance Policies are accurate and complete; c.The statements in a.and b.are based upon representations you made to us; d.We have issued this policy in reliance upon your representations;and e.If unintentionally you should fail to disclose all hazards at the inception of this policy,we shall not deny coverage under this policy because of such failure. SECTION VII -DEFINITIONS Except as otherwise provided in this section or amended by endorsement,the words or phrases that appear in quotation marks within this policy shall follow the definitions of the applicable "underlying insurance"policy. A."Accident"includes continuous or repeated exposure to the same conditions resulting in "bodily injury"or "property damage". B."Auto"means a land motor vehicle,trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment.But "auto"does not include "mobile equipment". C."Covered pollution cost or expense"means any cost or expense arising out of: 1.Any request,demand or order;or 2.Any claim or "suit"by or on behalf of a governmental authority demanding that the "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". "Covered pollution cost or expense"does not include any cost or expense arising out of the actual,alleged or threatened discharge,dispersal,seepage,migration, release or escape of "pollutants": 1.That are,or that are contained in any property that is: a.Being transported or towed by,handled,or handled for movement into,onto or from, any "auto"; UMBRELLA LIABILITY PROVISIONS Form SX 80 02 04 05 Page 13 of 14 b.Otherwise in the course of transit by or on behalf of the "insured";or c.Being stored,disposed of,treated or processed in or upon any "auto";or 2.Before the "pollutants"or any property in which the "pollutants"are contained are moved from the place where they are accepted by the "insured"for movement into or onto any "auto"; or 3.After the "pollutants"or any property in which the "pollutants"are contained are moved from any "auto"to the place where they are finally delivered,disposed of or abandoned by the "insured". Paragraph a.above does not apply to fuels, lubricants,fluids,exhaust gases or other similar "pollutants"that are needed for or result from the normal electrical,hydraulic or mechanical functioning of an "auto",covered by the "underlying insurance"or its parts,if: 1.The "pollutants"escape,seep,migrate,or are discharged or released directly from an "auto" part designed by its manufacturer to hold,store, receive or dispose of such "pollutants";and 2.The "bodily injury","property damage"or "covered pollution cost or expense"does not arise out of the operation of any equipment listed in paragraphs f.(2)or f.(3)of the definition of "mobile equipment"in the Business Liability Coverage Form. Paragraphs b.and c.above do not apply to "accidents"that occur away from premises owned by or rented to an "insured"with respect to "pollutants"not in or upon an "auto"covered by the "underlying insurance"if: 1.The "pollutants"or any property in which the "pollutants"are contained are upset,overturned or damaged as a result of the maintenance or use of the "auto";and 2.The discharge,dispersal,seepage,migration, release or escape of the "pollutants"is caused directly by such upset,overturn or damage. D."Damages"means a monetary award,monetary settlement or monetary judgment."Damages" include prejudgment interest awarded against the "insured"on that part of the judgment we pay. The following are not considered "damages"and are not covered by this policy: 1.Fines,penalties,sanctions or taxes; 2.Attorney’s fees and costs associated with any non-monetary relief awarded against the "insured";or 3.Any monetary award,monetary settlement or monetary judgment for which insurance is prohibited by the law(s)applicable to the construction of this policy. E."Insured"means any person or organization qualifying as an "insured"in the applicable WHO IS AN INSURED provision of this policy.The insurance afforded applies separately to each "insured"against whom claim is made or "suit"is brought,except with respect to the limit of our liability under LIMITS OF INSURANCE (SECTION IV). F."Occurrence"means: 1.With respect to "bodily injury"or "property damage",an "accident",including continuous or repeated exposure to substantially the same general harmful conditions;and 2.With respect to "personal and advertising injury",an offense described in one of the numbered subdivisions of that definition in the "underlying insurance". G."Policy period"means the period beginning with the inception date stated as such in the Declarations and ending with the earlier of: 1.The date of cancellation of this policy;or 2.The expiration date stated as such in the Declarations. H."Self-insured retention"means the amount stated as such in the Declarations which is retained and payable by the "insured"with respect to each "occurrence". I."Underlying insurance"means the insurance policies listed in the Extension Schedule of Underlying Insurance Policies,including any renewals or replacements thereof,which provide the underlying coverages and limits stated in the Schedule of Underlying Insurance Policies.The limit of "underlying insurance"includes: 1.Any deductible amount; 2.Any participation of any "insured";and 3.Any "self-insured retention"above or beneath any such policy; Less the amount,if any,by which the aggregate limit of such insurance has been reduced by any payment relating to any act,error,omission,injury, damage or offense for which insurance is provided by this policy,including Medical Payments Coverage as described in the "underlying insurance".The coverages and limits of such policies and any such deductible amount, participation or "self-insured retention"shall be deemed to be applicable regardless of: UMBRELLA LIABILITY PROVISIONS Page 14 of 14 Form SX 80 02 04 05 1.Any defense which any underlying insurer may assert because of the "insured's"failure to comply with any condition of its policy;or 2.The actual or alleged insolvency or financial impairment of any underlying insurer or any "insured". The risk of insolvency or financial impairment of any underlying insurer or any "insured"is borne by you and not by us. 09/04/20 08/19/21 SENTINEL INSURANCE COMPANY,LIMITED 72 SBA BD5477 08/19/20 TO 08/19/21 $1,000,000 $2,000,000 $1,000,000 X $1,000,000 X $2,000,000 X $1,000,000 Form SX 80 04 10 08 Page 1 of 2 Process Date:Policy Expiration Date: EXTENSION SCHEDULE OF UNDERLYING INSURANCE POLICIES This extension schedule forms a part of the policy designated in the Declarations. Carrier,Policy Number and Policy Period: A. Type of Coverage Applicable Limits (X )Business Liability -including:Bodily Injury and Property Damage Liability Combined each occurrence general aggregate Employees as Additional Insureds Contractual Liability Limited Non-Owned Watercraft Additional Insureds Dama ges To Premises Rented To You Property Damage Liability each occurrence ()Personal and Advertising Injury ()Products/Completed Operations Prod./Comp.Ops. aggregate ()Hired Auto and Non-Owned Auto Limit of Liability B. ()Comprehensive Automobile Liability -Bodily Injury Liability Owned Automobiles each person each accident Property Damage Liability ()Non-Owned Automobiles each accident Bodily Injury and Property Damage ()Hired Automobiles Liability Combined each accident ()Uninsured Motorist each occurrence C. ()Employer’s Liability each accident* each employee by disease* total policy by disease* D. ()Liquor Liability An "X"marked in the box indicates the coverage is provided in the Underlying Policies. (Note Maintenance of Underlying Insurance Condition SX 80 02 or SX 80 03) *Except that in any jurisdiction where the amount of Employers Liability Coverage afforded by the underlying insurer is by law unlimited,the limit stated does not apply and the policy of which this extension schedule forms a part shall afford no insurance with respect to Employers Liability in such jurisdiction. 09/04/20 08/19/21 72 SBA BD5477 Form SX 80 04 10 08 Page 2 of 2 Process Date:Policy Expiration Date: EXTENSION SCHEDULE OF UNDERLYING INSURANCE POLICIES (Continued) POLICY NUMBER: Carrier,Policy Number and Policy Period: E. Type of Coverage Applicable Limits ()Foreign Commercial General Liability-including:each occurrence Personal and Advertising Injury Personal and Advertising Injury aggregate Products/Completed Operations Products/Completed Operations aggregate ()Foreign Contingent Auto Liability each accident ()Foreign Employer’s Liability each accident * each employee by disease* total policy by disease* An "X"marked in the box indicates the coverage is provided in the Underlying Policies. (Note Maintenance of Underlying Insurance Condition SX 80 02 or SX 80 03) *Except that in any jurisdiction where the amount of Employers Liability Coverage afforded by the underlying insurer is by law unlimited,the limit stated does not apply and the policy of which this extension schedule forms a part shall afford no insurance with respect to Employers Liability in such jurisdiction. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SX 02 42 03 17 Page 1 of 2 ©2017,The Hartford Page 2 of 2 Form SX 02 42 03 17 d.Notice of cancellation by us will state the effective date of cancellation.The "policy period"will end on that date. c.We will mail or deliver our notice to the last mailing address known to us of the Named Insured first shown in the Declarations. If notice is mailed,proof of mailing will be sufficient proof of notice. d.Notice of cancellation by us will state the effective date of cancellation.The "policy period"will end on that date. e.If this policy is canceled,we will send the Named Insured first shown in the Declarations any premium refund due.If we cancel,the refund will be pro-rata. f.If the Named Insured cancels,we shall compute the return premium at 90%of the pro-rata unearned premium.We shall in any event be entitled to retain any minimum retained premium stated in the Declarations. g.Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation. h.10 days before the effective date of cancellation, if we cancel for a reason listed in 1.b.(1). i.30 days before the effective date of cancellation if we cancel for any other reason listed in 1.b.(2) or (3). 2.The NONRENEWAL Condition is replaced by the following: NONRENEWAL a.If we decide not to renew to this policy,we will mail or deliver written notice of non-renewal with reasons for the non-renewal to the Named Insured first shown in the Declarations at least 60 days but not more than 120 days before the end of the "policy period." b.If notice is mailed,we will mail it to the last mailing address known to us of the Named Insured first shown in the Declarations. Proof of mailing will be sufficient proof of notice. c.If we offer to renew but such Named Insured does not accept our offer during the current "policy period,"this policy will not be renewed at the end of such "policy period". 3.The following Condition is added to the policy: NOTICE OF PREMIUM OR COVERAGE CHANGE If we elect to increase the policy premium by more than 25%or increase a deductible,reduce limits,or eliminate coverages,we will mail or deliver to the Named Insured first shown in the Declarations at the address shown in the policy or the last mailing address known to us,written notice of such change at least 60 days prior to the expiration date of the policy. If notice is mailed,proof of mailing will be sufficient proof of notice. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SX 21 04 06 97 Printed in U.S.A. ©1997,The Hartford THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SX 21 05 06 97 Printed in U.S.A. ©1997,The Hartford THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SX 21 10 06 97 Printed in U.S.A.(NS) ©1997,The Hartford THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SX 21 94 03 17 Page 1 of 2 Page 2 of 2 Form SX 21 94 03 17 B.The following changes apply to Section VII. DEFINITIONS: 1.The following definition is added: "Unmanned aircraft"means an aircraft that is not: a.Designed; b.Manufactured;or c.Modified after manufacture to be controlled directly by a person from within or on the aircraft. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SX 23 15 12 15 Page 1 of 1 ©2015,The Hartford THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SX 21 77 03 19 Page 1 of 1 ©2019,The Hartford THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SX 21 82 10 08 Page 1of 1 ©2008,The Hartford THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SX 22 95 10 08 Page 1 of 1 ©2008,The Hartford THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. Form SX 24 33 06 10 Page 1 of 1 ©2010 The Hartford