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Home My WebLink About2023-007 PO 20230212- Quality Fence Co pris Purchase Order Srail Fiscal Year 2023 Page: 1 of: 1 B � I City of Ashland s`� T L ATTN: Accounts Payable CITY RECO Purchase L Ashland, OR 97520 Order# 20230212 • T Phone: 541/552-2010 O Email: payable@ashland.or.us ' f V S CIO Parks Department N QUALITY FENCE COMPANY H Admin South Pi PO BOX 3985 P 340 South Poneer CENTRAL POINT, OR 97502 Ashland, OR 97520 R T Phone: 541/488-5340 O Fax: 541/488-5314 6=:6_gisl _ G-tr _ . — _ : =--._:=. - �._- _ ---- _ Michael Black _ - 01/10/2023 176 FOB ASHLAND OR Cit Accounts Pa able Chain Link Fence Ball Fields ` 1 Install 250 feet of 8 foot high galvanized chain link fence and 4 1.0 $11,970:00 $11,970.00 terminal posts at North Mountain Park ball fields Proposal dated 10/05/2022 ' Goods and Services Agreement(Less than $35,000) Completion date: 03/31/2023 Project Account: -' ***************GL SUMMARY*************** 121200-704100 $11,970.00 • (1(7 By: Date: Au one Signature Warta _:_-= $11,970.00 FORM #3 CITY OF ASHLAND . A request for a Purchase orde fi P---, 001d,7--(9 REQUISITION Date of request: 12129/2022 Required date for delivery: , Vendor Name Quality Fence Company Address,City,State,Zip 114 West Pine Street Central Point,OR 97502 Contact Name&Telephone Number Laura Bernhardt 541-664-2281 Email address brad@qualityfenceco.com SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Invitation to Bid ❑ Emergency ❑ Reason for exemption: Date approved by Council: ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 _(Attach copy of council communication) '❑ Written quote or proposal attached ❑ Written quote or proposal attached _(If council approval required,attach copy of CC) ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: ❑ State of Oregon ❑ Direct Award _(Attach copy of council communication) Contract#' ❑ Verbal/Written bid(s)or proposal(s) ❑ Request for Qualifications(Public Works) ❑ State of Washington Date approved by Council: Contract# _(Attach copy of council communication) ❑ Other government agency contract Intermediate Procurement ❑ Sole Source Agency GOODS&SERVICES. ❑ Applicable Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000 ❑ Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written bids&solicitation attached ❑ Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES Date approved by Council: ❑ Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 Valid until: (Date) Agreement approved by Legal and approved/signed by ❑ Less than$35,000,by direct appointment ❑ Special Procurement City Administrator.AMC 2.50.070(4) © (3)Written proposals&solicitation attached ❑ Form#9,Request for Approval ❑ Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$75K 0 Written quote or proposal attached approval required.(Attach copy of council communication) Date approved by Council:_ Valid until: Date Description of SERVICES ` TOTAL COST install 250 feet of 8 foot high galvanized chain link fence and 4 terminal posts at North Mountain Park Ball Fields 11'970.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost 1=1 Per attached quote/proposal TOTAL COST (34 Project Number Account Number 1 2 1 2 0 0.7 0 4 1 0 0 11,970 'Q Account Number - Account Number *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: - I T Director Date Support-Yes/No By signing this requisition form,I certify that the City's public contracting requirements have been satisfied. Employee: /ma-/az. Department Head: (Equal to or greater than$5,000) Department Manager/Supervisor: City Manager: 441/64-2_____ (Greater thaq$� y ,2Funds appropriated for current fiscal year: � / NO . (l/ l/ G Finance Director-(Equal to or greater than$5,000) Date Comments: Form#3-Requisition qk GOODS AND SERVICES AGREEMENT (LESS THAN $35,000) PROVIDER: Quality Fence Company CITY OF �S H LAN D PROVIDER'S CONTACT: Laura Bernhardt 20 East Main Street ADDRESS: 114 West Pine Street Ashland,Oregon 97520 Central Point,OR 97502 Telephone: 541/488-5587 Fax: 541/488'4.006 PHONE: 541-664-2281 • This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland,an Oregon municipal corporation(hereinafter"City")and Quality Fence Company,(a domestic business corporation)("hereinafter"Provider"), for install chain link fence and posts'at North Mountain Park Ball.Fields. 1. PROVIDER'S OBLIGATIONS 1.1 Provide install 250 feet of 8 foot high galvanized chain link fence and 4 terminal posts at North Mountain • Park Ball Fields as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS,and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The servicesdefined and described in the"SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as"Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability,and products/completed operations coverage; and • Automobile Liability;and • Workers' Compensation. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made"form,and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each,provided that the policy limits shall nOt be increased thereby; , • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and Page 1 of 5: Goods and Services Agreementbetween the City of Ashland,and Quality Fence Company • Be evidenced by a certificate or certificates of insurance approved by the City. 1.3 Provider shall,at its own.expense,maintain Worker's Compensation Insurance in compliance with ORS 656.017, which requires subject employers to provide workers' compensation coverage for all of its subject workers. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Living Wage Requirements: If the. amount of this Agreement is $24,050.68 or more, Provider is required to comply with Chapter 3:12 of the Ashland Municipal Code by paying a living wage,as defined in that chapter,to all employees performing Work under this Agreement-and to any Subcontractor who performs 50% or more of the Work under this Agreement. Provider is also required to post the notice attached hereto as"Exhibit A"predominantly in areas where it will be seen by all employees. 1.7 Assignment: Provider shall not assign this Agreement or subcontract any portion of the Work to be. provided hereunder without the prior written consent of the City. ,Any attempted assignment or subcontract without written consent of the City shall be void. Provider shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them,and the approval by the City of any assignment or subcontract shall not create any contractual,relation between the assignee or subcontractor and the City. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of$11,970.00 (eleven thousand nine hundred and seventy dollars) as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of$11,970.00 (eleven thousand nine hundred and seventy dollars) without express, written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expensesincurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. Page 2 of 5: Goods and Services Agreement between the City of Ashland and Quality Fence Company 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to,-and expressly waives all claims to City benefits such as health and disability insurance,paid leave,and retirement. - 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements,negotiations,and representations between the parties, whether written or oral. 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. 3.7 This Agreement shall be governed by the laws,of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in The federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred,as appropriate,so as to effectuate this choice of venue. 3.8 Provider shall defend,save,hold harmless and'indemnify the City and its officers,employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees, contractors,or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God,strikes,lockouts,accidents,or other events beyond the control of the other or the other's officers,employees or agents. 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not;affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 3.11 Deliveries will.be F.O.B destination. Provider shall pay all transportation and handling charges for the Goods. Provider is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Provider remains liable for latent defects,fraud,and warranties. 3.12 The City may inspect and test the Goods. The City may reject non-conforming Goods and require Provider to correct them without charge or deliver them at a reduced price, as negotiated. If Provider does not cure any defects within a reasonable time, the City may reject the Goods and cancel this Agreement in whole or in part. This paragraph does not affect or limit the City's rights, including its rights under the Uniform Commercial Code,,ORS Chapter 72(UCC). Page 3 of 5: Goods and Services Agreement between the City of Ashland and Quality Fence Company 3.13 Provider represents and warrants that the Goods are new, current, and fully warranted by the manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be fee from defects in labor, material and manufacture. Provider shallrtransfer all warranties to the City. 4. SUPPORTING DOCUMENTS 4.1 The following documents are, by this reference, expressly incorporated in this Agreement, and are collectively referred to in this Agreement as the"SUPPORTING DOCUMENTS:" • The Provider's complete written Proposal dated October 5,2022. 4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the SUPPORTING DOCUMENTS,the several supporting documents shall be given precedence in the order listed in Article 4.1. 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue anyor all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: 5.1.1 Termination of this Agreement; 5.1:2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific_performance, or declaratory or injunctive relief; 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue any remedy or remedies singly,collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall pay immediately any excess to City upon written demand provided. • 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continue in full force and effect until March 31, 2023,unless sooner terminated as provided in Subsection 6.2. • 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may,upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen(14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is inaddition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or Page 4 of 5: Goods and Services Agreement between the City of Ashland and Quality Fence Company by mailing using registered orcertified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland—Ashland Parks and Recreation Commission Attn: Michael Black 20 E. Main Street Ashland, Oregon 97520 Phone; (541)488-5340. With a copy to: City of Ashland—Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541)488-5350 If to Provider: Quality Fence Company Attn: Laura Bernhardt_ 114 West Pine Street Central Point,OR 97502 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision,term,condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH,TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316,317,and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider, for a period of no fewer than six(6)calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316,317,and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of 'the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of Page 5 of 5: Goods and Services Agreement:between the City of Ashland and Quality Fence Company J this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity. - IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: Quality Fence Company (PROVIDER): By: By: Signature Signature Ad' AbLiA , Boa A-ctiozar) Printed Name Printed Name . aped-oy / i-�- - T y r Title Title I ih3 2027, ate Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. Page 6 of 5: Goods and Services Agreement between the City of Ashland and Quality Fence Company EXHIBIT A CITY OF ASHLAND, OREGON City of Ashland LIVING ALL employers described WAG E below must comply with City of Ashland laws regulating ii..illr,t .. . ' 'tgwage_ $17.0 4 per hour, effective June 30, 2022. 1111 The Living Wage is adjusted annually every ilirilli June 30 by the Consumer Price index. Employees must be paid a porton of the business of of health care,retirement, living wage: their employer,if the 401K and IRS eligible employer has ten or more cafeteria plans fncludg , employees,and has rerei i ed childcare}benefits to the financial assistance for the employee's amount of wages. For all hors waked under a project or business from the service centrad between their City of Ashland over Note: For temporary and employer and the City of $24,050.68; part-tune em Ashland if the contract employees,the exceeds$24,050.6$or more. living Wage dots not apply if heir employer is the City of to the first 1040 hours worked Ashland,including the Parks in any calendar year. For A For all hews worked ina and Recreation Department more details,please see month,if the employee Ashland Municipal Code spends or more of the : In calculating the living wage, Sion 312.020. employee's time in thatt month working on a proj employers may acid the value For additional information: Call the Ashland City Manager's office at 54i-488-6002 or write to the City Manager, City Hall,20 East Main Street,Ashland, OR 97520,or visit the City's website at wwv.ashland.or.us. Notice to Employers: This notice must be pasted in areas where it can be seen by all employees. CITY OF ASHLAND Page 7 of 5: Goods and Services Agreement between the City of Ashland and Quality Fence Company • _ . PRAVPOSAL - -• • - ; ri • QUALITY FENCE. Cift M 1;11)ANY CcB 89.q Find,us also-at; _ iscMcDonald Lane 114 W.Pine Street (541)664-2281 crams Pais,OR 97527 —AO job TOOILARSE PO Box 3985 ;;. . 1;800-451;8888 , 2077 NE DidnDiamond Lake Blyd, .:.110 108100 Slititti Central Peint,Oil 97502 Fox:(541)664-2949 ., . Romig,oil 97470, PROPOSAL SUBMITTED TO PHONE ' DATE Ashland Parks and Recreation (641)324-4112 'October:5,2022 STREET JOB NAME " " .- 3402South Pioneer_St. North Mountain Park CITY,STATE AND ZIP 005 JOB LOCATION Ashland'01191.520 ATTENTION Email CELL Jason steeffiead21-12ahotrnail.cdrn . • Welicreby submit specifications and estimate tbr. ReviSiOn .• • - Install 250'of 8'high 9 gauge galvanized,chain link fence, 4.-terminal posts, and 1 -10'wide single driVS,gate. . Total: $11,970.00 • Note: 'Other's to 1.iour mow-strip. • • DUE TO CURRENT.MARKET INFLATION PROPOSAL IS'SUBJECT TO REVIEW AFTER 14 DAYS FROM PROPOSAL DATE We Propose'lierebiio famish materials and labor—complete in accordance with above specifications,for the sum of: ELEVEN THOUSAND NINE HUNDRED SEVENTY AND 00/100 --- $11,970.00 Payment to Itmarls as lollowSi- • • Payment Due UponCompletion • at material h guaranteed to be as speoxfied. All work to be completed In a workmanlike.manner accordmg to standard practices,Any,alteration cc Authori2ed deviation ham above sperificabons Invoththg extra costh wart 50000cerled only uponritten orders,ond'inll become an 0000 ckamebyer and above the °sensate..All a;reernente continent upon allies,accidents or'delays bayond Oaf control.'OCvner to carry tire,tornado and other,necessary InsuranCe Signature. Our workers are fully Covered by Workacn's Compeitiabon'Insiiiance This proPcoalls also cOioct to at leans andeanitbaoscontained ankle reverse side hereof. Brad RIetinann tie Note:this proposal may be withdrawn by us if not accepted within 14 days. Acceptance of Proposal—All prices,specifications arid,conditions are satisfactory and Jare.hereby aceepted. You are authorized to.ciothe work as specified. Payment vvill'be made as outlined above: I 'Sianature • haveread the entire contact arid agree to ita content. Note: Quality Fence Co.not responsible for any damage to.anything in or below the ground or Signature concrete.This includes private water line,electrical line,:sprinkler'Systems,etc. Your sioaature indicates that you fully understand the limits of Quality Fence Co.responsibility. Date of acceptance: • _ . , . OTHER TERMS AND CONDITIONS OF PR APP•SAL: • - INTEREST: Interest shall accrue upon all monies due to Quality Fence Company at the rate of 18 percent per annum from the due date of such nionieSuntilpaid. ATTORfki Er4 FEES: In case any suit, ection or proceeding is brought to enforce any of the terms or provisions of this proposal Oi- any of the parties' rights hereunder, the losing party in such suit, action, proceeding or any appeal therefrom agrees to pay such sum as the court may adjudge reasonable as attorney's fees, in addition to costs and disbursements. The reasonable costs of title reports required for'any legal action contemplated shall be paid 1)y the custOmer. In addition, if this matter is referred to an attorney for collection, customer agrees to pay Quality Fence Company's reasonable attorney's fees incurred in any such proceeding prior to litigation being filed. • t 'CC6#k-.7 87369" CA L9C 7tf63,3189 �' SUPERIOR FENCE LLC 3580 Shasta Way STE F J KLAMATH FALLS, OR 97603 -541-883-3623 Fax: 541-884-7883 www.88fence.com ESTIMATE P12e/22/2022 Customer Information: Job Information: • Ashland City parks ATTN: Jason N mountian RD KLAMATH FALLS, IOR Notes: - Supply and install APX 244' of. 8' tall 9ga - fence on 40 weight frame work, all post to �7iG:TiE98, be set in customers curb line. Customer to install 4" sleeves in curb aPX line APX 2' deep 8' 0/C or less S/F to =ei,oc grout in line posts. Double drive gate to be supplied by others. ' i it I \ 66§TQMER'- Fence to be tied 14" 0/C or less t:,, • SUPPLIEDGATE-. hOmI PRICE GOOD FOR,5 DAYS charge or credit. If customer cancels job,after SUPERIOR FENCE LLC will have the property marked three days, from the date the,contract was signed, for underground utilities. Sprinkler lines will the down payment will be forfeited. A finance need to be marked by customer. SUPERIOR FENCE LLC charge of 2% per month for a minimum of $10.00 will is NOT responsible for any unmarked underground. If be charged or an annual rate of 24% to any unpaid needed to dig within the area of marked lines, the balance. The customer agrees to pay all interest client assumes responsibility for any damage to and any costs incurred in the collection of this underground lines. Client is responsible for debt. property lines and placement of fence. SUPERIOR FENCE LLC will assist the customer, upon request, in determining where the fence is to be erected, but under no circumstance does SUPERIOR FENCE LLC assume any responsibility concerning property lines or in any way guarantee their accuracy,. If property pins cannot be located it is recommended that the customer have the property surveyed. SUPERIOR FENCE LLC shall advise the customer as to local zoning regulations but responsibility for complying with said regulations. Client is responsible for knowing CCR's of their subdivision. SUPERIOR FENCE will assist with obtaining any needed permits. All finished fence to face the outside of framework (field and ranch fence to go to inside) unless indicated in the contract. Fence trenching and excavation of un-native ground will be an additional charge. Any change of fence lay out or fence description will be an additional Approved & Accepted for Customer: Contract Amount: $ 17969.44 Customer Date Down Payment: $ Accepted for SUPERIOR FENCE LLC: Balance Due: $ 17969.44 Salesperson Date 12/28/22,10:49 AM Mail-Tara Kiewel-Outlook Fwd: Estimate 1020 from Caveman Fence & Fabrication INC' Jason Minica <jason.minica@ashland.or.us> Fri 12/23/2022 8:32 AM To:Tara Kiewel <tara.kiewel@ashland.or.us> Get Outlook for iOS From:Caveman Fence&Fabrication, Inc.<quickbooks@notification.intuit.com> Sent:Tuesday, December 20,2022 12:18:20 PM To:Jason Minica<jason.minica@ashland.or.us> Subject: Estimate 1020 from Caveman Fence&Fabrication INC [EXTERNAL SENDER] Dear Ashland Parks and Recreation, Please review the estimate below. Feel free to contact us if you have any questions. We look forward to working with you. Thanks for your business! Caveman Fence&Fabrication INC Estimate 1080 SE M Street Grants Pass, OR 97526 US +1 5414740302 www.cavemanfence.com Estimate #: 1020 Date: 12/20/2022 Exp. Date: 01/20/2023 $14,380.00 Address: Ashland Parks and Recreation 1195 E Main St. Ashland, Or 97520 Description Qty Rate Amount https://outlook.office365.com/mail/inbox/id/AAMkAGZhNjVIOGFkLTRjODEtNDZjNC1 iOTVjLWI50TImZTM4NDA5NQBGAAAAAAD12E917KgSTZg%2... 1/2 12/28/22,10:49 AM Mail-Tara Kiewel-Outlook Install 248' of 8' tall 9-gauge 1 14,380.00 14,380.00 ' galvanized chain-link fence on all ss40 heavy wall tubing with 1 12' wide double swing gate with an industrial drop rod assembly. All line posts will be 2 3/8" and top rail will be 1 5/8". JOBSITE: 430 N Mountain Ave. Ashland, OR Contact - Jason Minica - 541-324-4112 Total: $14,380.00 • r https://outlook.office365.com/mail/inbox/id/AAMkAGZhNjViOGFkLTRjODEtNDZjNC1 iOTVjLW I5OTImZTM4NDA5NQBGAAAAAAD12E917KgSTZg%2,.. 2/2 • • c R CERTIFICATE OF LIABILITY INSURANCE DATE(MMI 'Y) 10/04/2022 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(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Kris ti Dolmage Hart Xnauranoe Agana)/ - Medford ' PHONE {541} 779 4232 FAX,Nol: • 20 Box 1240 IA/c.No.Ext): EM.DDRE kdolma sehartinauranae.00m ADDRESS: �9 ' Grants Baan OR 97528 INSURER(S)AFFORDING COVERAGE NAICII ' INSURER A:EAU Corporation 36196 INSURED INSURER B: Quality B'enoe Co INSURER C 20 Box 3985 INSURERD: • Central Point OR 97502-3985 INSURERE. . INSURER F: COVERAGES - CERTIFICATE NUMBER:Cert lb 23872 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO.WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, . ( EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN.REDUCED BY PAID CLAIMS. • ITR TYPE OF INSURANCE INSO SUBR w o POLICYNUMBER IMMIDDY!YYYY) IMNUDDIYY1Y) LIMITS COMMERCIAL GENERAL LIABILITY \ -EACH OCCURRENCE - $ • DAMAGE TO RENTED •• CLAIMS-MADE I I OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL8,ADV INJURY $ • GEN'LAGGREGATE LIMIT-APPLIES PER: • GENERAL AGGREGATE $ • • POLICY PROTl 1 LOG OTHER: PRODUCTS-COMP/OP AGO S • • AUTOMOBILE LIABILITY COMBINED $D • ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per eccldanl) S • HONLY _AUTOS PROPER DAMAGE HIRED • AUTOS NEY (Peracddnl) $ AUTOS ONLY —AUTOS ONLY $ UMBRELLA LIAB _OCCUR . EACH OCCURRENCE $_ EXCESS LIAB Cl/MS-MADE - AGGREGATE $ DED RETENTIONS $ 'WORKERS COMPENSATION Y 738638 10/01/2022 10/01/2023 X STATUTE TAA AND EMPLOYERS'-LIABILITY Y!N • ANYPROPRIETORIPARTNERIEXECUTIVE EL.EACH ACCIDENT $ - 1,000,000 OFFICERIMEMBER EXCLUDED? NIA 1 • (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ ,000,000 If yes,describe under E.L.DISEASE-POLICY LIMIT $ 1.000,000 DESCRIPTION OF OPERATIONS below S i S I , DESCRIPTION OF OPERATIONS r LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Waiver for all written contracts applies - i CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland, City Shops 90 North Mountain Avenue AUTHORIZED REPRESENTATIVE • 4 Ashland 0n 97520 r - I . ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 26(2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1 r •• "',,, QUALFEN-01 KMOOR A YDATE(MhVDDIYYYY) I CERTIFICATE OF LIABILITY—INSURANCE 1111812022 • 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 pollcy(les)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)r" • PRODUCER - NUWCT • Portland Office • PHONE, FAX PayneWest Insurance a Marsh McLennan Agency Mc Company iAlc,No,Ext);(971)888-7950 (Arc,Ne):(855)863.6100 14900 SW Barrows Rd,Ste 202Ass: , • Beaverton,OR 97007 INSURERS)AFFORDING COVERAGE NAIC It • • INSURER A:Hallmark Insurance Company 34037 • INSURED Quality Fence Co Reliable Electric Western Vinyl INSURER a • Products INSURER Cl • Steve Rlet(nann INSURED PO Box 3985 • Central Point,OR 97502 INSURERS; INSURER F I COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD • INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. (TR TYPE OF INSURANCE INSO SUER POLICY NUMBER (NIM1D1 IYY1 EFF (MMIDDmYYI LIMITS •• A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE - $ 1,000,000 • CLAIMS-MADE XOCCUR 44CL466036 11/19/2022 41/49/2023 DAMAGETORENTED 100,000 • XPREMISES IE:occdnencol $ 5 MED EXP(Any one pereon) $ 6,000 • PERSO AL&ADV INJURY 3S 1,000,000 • GEN'LAGGREG TELIMITAPPLIESPER: - GENERAL AGGREGATE $ 2,000,000 POLICY j 0 LOC P5ODUCT3-COMP/OPAGG $ 2,000,000 • OTHER: S A AUTOMOBILE LIABILITY COMBINED BBdSINGLE LIMIT(Ea $ 1,000,000 ANY AUTO )� 440L496836 11119/2022 11/19/2023 BODILY INJURY(Per person) S R1URR7EEOsONLY X AUUTNOOSWOLNED BODILY INJURY(Per accident) $ X AUTOS ONLY X RUTOS ONLIY (Pe°PeclRJY AMAGE $ . S A X UMBRELLALIAD X OCCUR EACHOCCURRENCE $ 3,000,000 EXCESSLIAB CLAIMS-MADE 44CL466835 11/19/2022 11/19/2023 AGGREGATE $ 3,000,000 DED X RETENTIONS 10,000 s • WORKERS COMPENSATION _ PER 0TH- - AND EMPLOYERS'LIABILITY YIN STATUTE ER OFFICEOMIIMBOR/PROPRIETOR/PARTNER/EXECUTIVE ECUTIVE N!A EL.EACH ACCIDENT $ {I endo Ory n NH) E.L.DISEASE-EA EMPLOYEE$ , Il yes describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT- S A Leased&Rented EQ 44CL466836 11/19/2022 11/19/2023 Occurrence 26,000 A Installation Floater. 44CL466836 11/19/2022 11/19/2023 Limit 6,000 ' DESCRIPTION OF OPERATIONSI LOCATIONS I VEHICLES(ACORD 501,Additional Remarks Schedule,may be attached IT more space Is required) The City of Ashland,Oregon,its officers,agents and employees are hereby named as an additional Insured per the attached forms MP0767 10/10,GC1025 07109 and BA2080 04/11. Coverage Is primary and non-contributory per the attached form MP9767 10/10 and BA3002 06/18. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE , Cityof Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, 20 E.Main St. Ashland,OR 97520 AUTHORIZED REPRESENTATIVE ACORD 26(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ARTISANS ADVANTAGE ENHANCED COVERAGE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUILDING AND PERSONAL PROPERTY COVERAGE FORM CAUSES OF LOSS--SPECIAL FORM COMMERCIAL PROPERTY CONDITIONS COMMERCIAL GENERAL LIABILITY COVERAGE FORM When this endorsement is attached to the policy, insurance under the Building and Personal Property Coverage Form,the Causes of Loss—Special Form,the Commercial Property Conditions and the Commercial General Liability Coverage Form is enhanced to provide the coverages described in this endorsement. All other conditions of the policy continue to apply. This coverage is subject to the provisions applicable to the Building and Personal Property Coverage Form,Causes of Loss-- Special Form,the Commercial Property Conditions and the General Liability Coverage Form. SCHEDULE Coverage Enhancements Limits of Insurance Each Location Property Coverage Premises Boundary 1,000 feet Property Coverage Extensions Newly Acquired or Constructed Property Buildings $500,000.at Each Building Business Personal Property $250,000.at Each Building Personal Effects and Property of Others $ 25,000, at Replacement Cost Valuable Papers and Records(Other than Electronic Data) $ 25,000. " Property Off-Premises(Including Laptops and Other Electronic Equipment) $ 15,000. Outdoor Property(Named Perils) $ 1,000.per tree/shrub, max.limit$25,000, I Non-Owned Detached Trailers $ 10,000. Accounts Receivable $ 50,000. Property in Transit(Including Laptops and Other Electronic Equipment) $ 15,000. Fine Arts $ 25,000. Property Additional Coverages Debris Removal $ 25,000. Fire Department Service Charge $ 5,000. Pollutant Clean-up and Removal $ 15,000. Electronic Data $ 25,000. Interruption of Computer Operations $ 15,000. Arson Reward $ 5,000. Water Back-Up and Sump Overflow $ 25,000. Brands and Labels $ 25,000. Employee Theft $ 10,000. Business Income Including Extra Expense $ 25,000. Business Income from Dependent Properties $ 10,000, Claims Expenses $ 10,000. Inventory or Appraisal Cost 1. $ 5,000. Money and Securities Inside $ 10,000. Outside $ 5,000. Off Premises Power Failure--Direct Damage - $ 10,000. Ordinance or Law Coverage Coverage A " Included within Building Limit. Coverages B and C Combined 25%of Bldg. Limit, $150,000. maximum Outdoor Signs $ 10,000. Recharging of Fire Extinguishers $ 5,000, Unauthorized Business Card Use $ 5,000. Forgery or Alteration $ 10,000. Salespersons Samples $ 2,500. MP 97 67 10 10 includes copyrighted material of Insurance Services Office,Inc.and Page'1 of 25 American Association of Insurance Services,Inc.,with their permission Inland Marine Coverages, Installation Coverage $ 10,000. Contractors Equipment Coverages: Small Tools $ 5,000.(Maximum limit per item$1,000) Employee Small Tools $ 1,000. (Maximum limit per item$250) Leased and Rented Equipment $ 5,000. Rental Reimbursement $ 1,000. General Liability Additional Coverages Blanket Additional Insured(Including Primary Non-Contributing Coverage) Included In Each Occurrence Limit Mobile Equipment Broadened Coverage included in Each Occurrence Limit • Aggregate Limit Per Project Included in Each Occurrence Limit Blanket Waiver Included in Each Occurrence Limit , - Voluntary Property Damage Coverage $ 2,500. The following applies to coverages under this endorsement only. • Property Coverage The phrase'within 100 feet of the described premises'used in Paragraphs a.(5)(b), b.and c.(2)underA.1.Covered Property of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM and Paragraph 2.c.(1) under C. Limitations of the CAUSES OF LOSS—SPECIAL FORM is replaced by the phrase'within 1,000 feet of the described premises'. • Property Coverage Extensions Paragraph A,5.Coverage Extensions of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is deleted in its entirety and replaced by the following; 5, Coverage Extensions Except as otherwise provided,the following Extensions apply to property located in or on the,building described in the Declarations or in the open(or in a vehicle)within 1,000 feet of the described premises. IF a Coinsurance percentage of 80%or more or, a Value Reporting period symbol, is shown In the Declarations,you may extend the insurance provided by this Coverage Part as follows; a. Newly Acquired Or Constructed Property (1) Buildings if this policy covers Building,you may extend that Insurance to apply to: (a) Your new buildings while being built on the described premises; and (b) Buildings you acquire at locations,other than the described premises, Intended for: (i) Similar use as the building described in the Declarations;or (II) Use as a warehouse. The most we will pay for loss ordamage under this Extension is$500,000 at each building. (2) Your Business Personal Property (a) If this policy covers Your Business Personal Property,you may extend that insurance to apply to: (i) Business personal property,including such property that you newly acquire,at any location you acquire,at any location you acquire other than at fairs,trade shows or exhibitions; (ii) Business personal property, including such property that you newly acquire, located at your newly constructed or acquired buildings at the location described in the Declarations;or (ill) Business personal property that you newly acquire,located at the described premises. The most we will pay for loss or damage under this Extension Is$250,000 at each building. (b) This Extension does not apply to; Page 2 of 25 Includes copyrighted material of insurance Services Office,Inc.and MP 97 67 10 10 American Association of Insurance Services,Inc„with their permission • • (i) Personal property of others that Is temporarily in your possession in the course of installing or performing work on such property;or (ii) Personal property of others that is temporarily in your possession in the course of your manufacturing or wholesaling activities. ' • (3) Period of Coverage With respect to insurance on or at each newly acquired or constructed property,coverage will end when any of the following first occurs: (a) This policy expires; (b) 30 days expire after you acquire or begin construction of that part of the building that would qualify as covered property;or (c) You report values to us, We will charge you additional premium for values reported from the date you acquire the property or begin construction of that part of the building that would qualify as covered property. b. Personal Effects And Property Of Others (1) You may extend the insurance that applies to Your Business Personal Property to apply to: (a) Personal effects owned by you,your officers,your partners or members,your managers or your employees. (b) Personal property of others in your care, custody or control. This Extension does not apply to employee tools. (2) The most we will pay for loss or damage under this Extension is$25,000 at each described premises.Our payment for loss of or damage to personal property of others will only be for the account of the owner of the property. (3) Extension Of Replacement Cost To Personal Property Of Others (a) Replacement Cost coverage Is extended to apply to personal property of others. (b) Paragraphs 3.b.(1) and 4. under G.Optional Coverages of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM are deleted and ail other provisions of the Replacement Cost Optional Coverage apply to replacement cost on personal property of others. (c) With respect to replacement cost on the personal property of others the following limitation applies: if an item of personal property of others is subject to a written contract which governs your liability for loss or damageto that item,then valuation of that item will be based on the amount for which you are liable under such contract, but not to exceed the lesser of the replacement cost of the property or the applicable Limit of insurance. c. Valuable Papers And Records (Other Than Electronic Data) (1) You may extend the insurance that applies to Your Business Personal Property to apply to direct physical loss or damage to valuable papers and records that you own, or that are in your care, custody or control, caused by or resulting from a Covered Cause of Loss. This Extension Includes the cost to research lost information on valuable papers and records for which duplicates do not exist. But this Extension does not apply to valuable papers and records which exist as electronic data. Electronic data has the meaning described under Property Not Covered, Electronic Data. (2) Coverage under this Extension is limited to the"specified causes of loss"as defined in the CAUSES OF LOSS— SPECIAL FORM,and Collapse as set forth in that form. (3) This Extension does not apply to: (a) Property held as samples or for delivery after sale; (b) Property in storage away from the premises shown In the Declarations. (4) Section B.Exclusions in the CAUSES OF LOSS—SPECIAL FORM does not apply to this Extension,except for: (a) Paragraph B.1.c.Governmental Action; (b) Paragraph B.1.d.Nuclear Hazard; (c) Paragraph B.1.f.War And Military Action; (d) Paragraph B.2.f.; (e) Paragraph B.2.g.;and (f) Paragraph 8.3. (5) The most we will pay under this Extension for loss or damage tovaluable papers and records in any one occurrence at each described premises Is$25,000, MP 97 67 10 10 Includes copyrighted material of Insurance Services Office,Inc.and Page 3 of 25 American Associallon of insurance Services,inc.,with their permission For valuable papers and records not at a described premises,the most we will pay is$5,000 in any one occurrence. Such amounts are additional insurance. We will also pay for the cost of blank material for reproducing the records (whether or not duplicates exist), and (when there is a duplicate) for the cost of labor to transcribe or copy the records. The costs of blank material and labor are subject to the applicable Limit of Insurance on Your Business Personal Property and therefore coverage of such costs is not additional insurance. d. Property Off—Premises(Including Laptops And Other Electronic Equipment) (1) You may extend the insurance provided by this Coverage Form to apply to your Covered Property while it is away from the described premises, if it is: (a) Temporarily at a location you do not own, lease or operate; (b) in storage at a location you lease, provided the lease was executed after the beginning of the current policy term;or (c) At any fair,trade show or exhibition. (2) This Extension does not apply to property: (a) In or on a vehicle;or •• (b) In the care,custody or control of your salespersons,unless the property is in such care,custody or control at a fair,trade show or exhibition. (3) The most we will pay for loss or damage under this Extension is$15,000, • e. Outdoor Property (Named Perlis) You may extend the Insurance provided by this Coverage Form to apply to your outdoor fences, retaining walls(other than retaining walls that are a part of a building),radio and television antennas (including satellite dishes),signs(other than signs attached to buildings),trees,shrubs and plants(other than"stock"of trees,shrubs or plants),including debris removal expense,caused by or resulting from any of the following causes of loss if they are Covered Causes of Loss: (1) Fire; (2) Lightning; • (3) Explosion; (4) Vandalism; (5) Vehicle Damage; ' • (6) Riot or Civil Commotion;or • (7) Aircraft. The most we will pay for loss or damage under this Extension is$25,000, but not more than$1,000 for any one tree, shrub or plant.These limits apply to any one occurrence,regardless of the types or number of items lost or damaged in that occurrence. f, Non•Owned Detached Trailers (1) You may extend the insurance that applies to Your Business Personal Propertyto apply to loss or damage to trailers that you do not own, provided that: (a) The trailer Is used in your business; (b) The trailer is in your care, custody or control at the premises described in the Declarations;and (c) You have a contractual responsibility to pay for loss or damage to the trailer, I, (2) We will not pay for any loss or damage that occurs: (a) While the trailer is attached to any motor vehicle or motorized conveyance,whether or not the motor vehicle or motorized conveyance is in motion; (b) During hitching or unhitching operations,or when a trailer becomes accidentally unhitched from a motor vehicle or motorized conveyance. (3) The most we will pay for loss or damage under this Extension is$10,000, unless a higher limit is shown in the Declarations. • (4) This insurance is excess over the amount due (whether you can.collect on it or not)from any other insurance covering such property. g. Accounts Receivable (1) You may extend the irfsurance that applies to Your Business Personal Property to accounts receivable. We will pay: Page 4 of 25 includes copyrighted material of Insurance Services Office,Inc,and MP 97 67 10 10 American Association of insurance Services,Inc.,with their permission • (a) All amounts due from your customers that you are unable to collect; (b) Interest charges on any loan required to offset amounts you are unable to collect pending our payment of these amounts; (c) Collection expenses in excess of your normal collection expenses that are made necessary by"loss";and (d) Other reasonable expenses that you incur to re-establish your records of accounts receivable; that result from direct physical loss or damage by any Covered Cause of Loss to your records of accounts receivable. (2) The most we will pay under this Extension for loss or damage in anyone occurrence at each described"premises"is $50,000, (3) Section B.Exclusions in the CAUSES OF LOSS--SPECIAL FORM does not apply to this Extension,except for: (a) Paragraph B.1.c.Governmental Action; (b) Paragraph B.1,d. Nuclear Hazard; (c) Paragraph B.1.f.War And Military Action; (d) Paragraph B.2.f.; (e) Paragraph B.2.g.; and (f) Paragraph B.3, (4) The following additional exclusion applies to the Extension: We will not pay for: (a) Loss or damage caused by or resulting from alteration,falsification,concealment or destruction of records of accounts receivable done to conceal the wrongful giving,taking or withholding of"money,""securities"or other property. This exclusion applies only to the extent of the wrongful giving, taking or withholding. (b) Loss or damage caused by or resulting from bookkeeping,accounting or billing errors or omissions. (a) Any loss or damage that requires any audit of records or any inventory computation to prove its factual existence, h. Property in Transit(including Laptops And Other Electronic Equipment) F.1.under Additional Coverage Extensions of the CAUSES OF LOSS—SPECIAL FORM is deleted and replaced with the following: 1. Property In Transit(Including Laptops And Other Electronic Equipment) This,Extension applies only to your personal property to which this form applies. a. You may extend the insurance provided by this Coverage Part to apply to your personal property(other than property in the care,custody or control of your salespersons)in transit more than 1,000 feet from the described premises. Property must be in or on a motor vehicle you own, lease or operate"while between points in the coverage territory. b. Loss or damage must be caused by or result from one the following causes of loss: (1) Fire, lightning, explosion,windstorm or hail, riot or civil commotion, or vandalism. (2) Vehicle collision,upset or overturn. Collision means accidental contact of your vehicle with another vehicle or object. It does not mean your vehicle's contact with the road bed. (3) Theft of an entire bale,case or package by forced entry into a securely locked body or compartment of the vehicle. There must be visible marks of the forced entry. • c. .The most we will pay for loss or damage under this Extension is$15,000. I. Fine Arts (1) You may extend the insurance that applies to Your Business Personal Property to cover"fine arts"owned,by you and located on the premises described in the Declarations (2) In addition to`the exclusions in CAUSES OF LOSS..SPECIAL FORM we will not pay for loss or damage caused by or resulting from repairing, restoration,or retouching processes, (3) In the event of loss or damage,we will pay the'actual cash value of the item. The actual cash value will be the price you paid for the item,or the value as determined by an appraisal of the item not more than 360 days prior to the date of loss or damage. In no event will the actual cash value exceed the amount necessary to repair or replace the item with substantially like property. MP 97 67 10 10 Includes copyrighted material of Insurance Services Office,Inc.and Page 5 of 25 American Association of insurance Services,Inc.,with their permission • (4) The most we will pay for"fine arts"at any premises described in the Declarations is$25,000. Each of these Extensions is additional insurance unless otherwise indicated. The Additional Condition,Coinsurance,does not apply to these Extensions. - Property Additional Coverages The following are Additional Coverages. The Additional Condition, Coinsurance, does not apply to these coverages, • A. Debris Removal A,4,a,of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is deleted and replaced as follows: a. Debris Removal (1) Subject to Paragraphs(3)and(4),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 date of direct physical loss or damage, (2) Debris Removal does not apply to costs to: •• (a) Extract"pollutants"from land or water;or (b) Remove, restore or replace polluted land or water. (3) Subject to the exceptions in Paragraph(4),the following provisions apply: (a) The most we will pay for the total of direct physical loss or damage plus debris removal expense is the Limit of Insurance applicable to the Covered Property that has sustained loss or damage. (b) Subject to(a)above,the amount we will pay for debris removal expense Is limited to 25%of the sum of the deductible plus the amount that we pay for direct physical loss or damage to the Covered Property that has sustained loss or damage. • (4) We will pay up to an additional$25,000 for debris removal expense, for each location, in any one occurrence of physical loss or damage to Covered Property, if one or both of the following circumstances apply: (a) The total of the actual debris removal expense plus the amount we pay for direct physical loss or damage exceeds the Limit of Insurance on the Covered Property that has sustained loss or damage. (b) The actual debris removal expense exceeds 25%of the sum of the deductible plus the amount that we pay for direct physical loss or damage to the Covered Property that has sustained loss or damage. Therefore, if(4)(a)and/or(4)(b) apply, our total payment for direct physical loss or damage and debris removal expense may reach but will never exceed the Limit of insurance on the Covered Property that has sustained loss or damage,plus$25,000, (5) Examples Example fit1 Limit of Insurance $ 90,000 Amount of Deductible $ 500 Amount of Loss $ 50,000 Amount of Loss Payable $ 49,500 ($50,000—$500) Debris Removal Expense $ 10,000 Debris Removal Expense Payable $ 10,000 ($10,000 is 20%of$50,000) The debris removal expense is less than 25%of the sum of the loss payable plus the'deductible.The sum of the loss payable and the debris removal expense($49,500+$10,000=$59,500) is less than the Limit of insurance. Therefore,the full amount of debris removal expense Is payable in accordance with the terms of Paragraph(3). Example#2 Limit of Insurance $ 90,000 Amount of Deductible $ 500 Amount of Loss $ 80,000 '• Amount of Loss Payable $ 79,500 ($80,000—$500) Debris Removal Expense $ 35,500 Page 6 of 25 Includes copyrighted material of Insurance Services Office,Inc.and MP 97 67 10 10 American Association of Insurance Services,inc.,with their permission J I • Debris Removal Expense Payable Basic Amount - $ 10,500 Additional Amount $ 25,000 The basic amount payable for debris removal expense under the terms of Paragraph (3) is calculated as follows: $80,000($79,500 4.$500)x.25 $20,000;capped at$10,500).The cap applies because the sum of the loss payable ($79,500)and the basic amount payable for debris removal expense($10,500)cannot exceed the Limit of Insurance ($90,000), The additional amount payable for debris removal expense is provided in accordance with the terms of Paragraph(4), because the debris removal expense ($35,500) exceeds 25% of the loss payable plus the deductible ($35,500 is 44.375%of$80,000), and because the sum of the loss payable and debris removal expense ($79,500 4.$35,500= $115,000)would exceed the Limit of Insurance($90,000).The additional amount of covered debris removal expense is $25,000,the maximum payable under Paragraph(4).Thus the total payable for debris removal expense in this example is$35,500, B. Fire Department Service Charge A.4.c.of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is deleted and replaced as follows: c. Fire Department Service Charge When the fire department is called to save or protect Covered Property from a Covered Cause of Loss,we will pay up to $5,000 for your liability for fire department service charges: (1) Assumed by contract or agreement prior to loss;or (2) Required by local ordinance. No Deductible applies to this Additional Coverage. - C. Pollutant Clean-up And Removal A,4.d.of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is deleted and replaced as follows: d. Pollutant Clean-up And Removal We will pay your expense to extract"pollutants"from land or water at the described premises if the discharge,dispersal, seepage, migration, release or escape of the"pollutants"is caused byror results from a.Covered Cause of Loss that occurs during the policy period.The expenses will be paid only if they are reported to us in writing within 180 days of the date on which the Covered Cause of Loss occurs. This Additional Coverage does not apply to costs to test for,monitor or assess the existence,concentration or effects of "pollutants", But we will pay for testing which is performed in the course of extracting the"pollutants"from the land or water. • The most we will pay under this Additional Coverage for each described premises is$15,000 for the sum of all covered expenses arising out of•Covered Causes of Loss occurring during each separate 12 month period of this policy. D. Electronic Data - A.4.f.of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is deleted and replaced as follows: f. Electronic Data. (1) Under this Additional Coverage,electronic data has the meaning described under Property Not Covered,Electronic Data. (2) Subject to the provisions of this Additional Coverage,we will pay for the cost to replace or restore electronic data, which has been destroyed or corrupted by a Covered Cause of Loss. To the extent that electronic data is not replaced or restored,the loss will be valued at the cost of replacement of the media on which the electronic data was stored,with blank media of substantially identical type. (3) In addition to the"specified causes of loss"as defined in the CAUSES OF LOSS—SPECIAL FORM,and Collapse as set forth in that form,the following are covered causes of loss: (a) A virus, harmful code or similar instruction Introduced into or enacted on a computer system (including electronic data)or a network to which it is connected,designed to damage`or destroy any part of the system or disrupt its normal operation. But there is no coverage for loss or damage caused by or resulting from manipulation of a computer system(including electronic data)by any employee,including a temporary or leased employee,or by an entity retained by you or for you to inspect,design,install,modify,maintain,repair or replace that system. (b) Changes in your electrical power supply,including interruption,power surge,blackout or brownout,if the cause of such event originates 100 feet or less from any premises described in the_Declarations; (c) Dishonest acts committed by your employees acting alone or in collusion with other persons,except you or your partners, directors or trustees,but theft by employees is not covered; MP 97 67 10 10 includes copyrighted material of Insurance Services Office,Inc.and Page 7 of 25 American Association of Insurance Services,inc.,with their permission (d) Dampness or dryness of atmosphere or Changes in or extremes of temperature; (e) Floods,surface water,waves,tides,tidal waves,overflow of any body of water,or their spray,all whether driven by wind or not; and (f) Earth movement, such as an earthquake, landslide or earth sinking, rising or shifting. •• (4) The most we will pay under this Additional Coverage — Electronic Data is $25,000 for all loss or damage sustained in any one policy year, regardless of the number of occurrences of loss or damage or the number of premises,locations or computer systems involved. E. interruption Of Computer Operations We will pay your necessary"Extra Expense"to continue normal operations caused by an interruption In computer operations due to destruction or corruption of your electronic data due to a Covered Cause of Loss, We will also pay for your actual "Business income" if you must close all or part of your business due to destruction or • corruption of your electronic data due to a Covered Cause of Loss. The most we will pay under this coverage is$15,000 for any one occurrence, • Under this Additional Coverage—Interruption Of Computer Operations, electronic data has the meaning set forth in Paragraph 5. Limitation interruption of Computer Operations included in Additional Coverage Business Income Including Extra Expense of this form, P. Arson Reward We will reimburse you for an arson reward that you give to someone who discloses information that leads to the conviction of a person or persons for arson at the premises described in the Declarations. The most we will pay under this coverage Is$5,000 each occurrence. , G. Water Back-Up And Sump Overflow 1. We will pay for direct physical loss or damage to Covered Property caused by or resulting from: a. Water which backs up through or overflows from a sewer or drain; or b. Water which overflows from a sump,even if the overflow results from mechanical breakdown of a sump pump or its related equipment. However, with respect to Paragraph b. above,we will not pay the cost of repairing or replacing a sump pump or its • related equipment in the event of mechanical breakdown. 2, The coverage described In Paragraph 1.above does not apply to loss or damage resulting from an insured's failure to: a. Keep a sump pump or its related equipment in proper working condition;or b. Perform the routine maintenance or repair necessary to keep a sewer or drain free from obstructions. 3. The most we will pay under this coverage is$25,000 each occurrence, 4. With respect to the coverage provided in this Additional Coverage—Water Back-Up and Sump Overflow,Paragraph • 3.of the Water Exclusion included in this Policy does not apply, H. Brands And Labels if branded or labeled merchandise that is Covered Property is damaged by a Covered Cause of Loss,we may take all or part of the property at an agreed or appraised value, If so,you may: 1. Stamp the word 'Salvage' on the merchandise or Its containers, if the stamp will not physically damage the merchandise;or 2. Remove the brands and labels,if doing so will not physically damage the merchandise or its containers to comply with the law. We will pay reasonable costs you incur to perform the activity described in Paragraphs 1.and 2.above. The most we will pay for these costs and the value of the damaged property under this Additional Coverage is$25,000. Payments under this Additional Coverage are subject to and not in addition to the Limits of insurance. I. Employee Theft • 1. We will pay for direct loss of or damage to Your Business Personal Property and your"money"and"securities"resulting from"theft"committed by any of your"employees"acting alone or in collusion with other persons(except you or your partners, members or managers)with the manifest intent to: a. Cause you to sustain loss or damage;and also , b. Obtain financial benefit (other than salaries, commissions, fees, bonuses, promotions, awards, profit sharing, pensions or other employee benefits earned in the normal course of employment)for: (1) Any"employee";or (2) Any other person or organization. Page 8 of 25 ' Includes copyrighted material of Insurance Services Office,Inc.and, MP 97 67 10 10 American Association of Insurance Services,Inc.,with their permission 2. We will not pay for loss or damage: • a. Resulting from any dishonest or criminal act that you or any of your partners, members, officers, "managers," directors,trustees,authorized representatives or anyone to whom you entrust the property for any purpose commit, whether acting alone or in collusion with other persons; or b, The only proof of which as to its existence or amount is one or both of the following: (1) An Inventory computation;or . (2) A profit and loss computation. 3. The most we will pay under this Additional Coverage for loss or damage in any one occurrence is$10,000. 4, All loss or damage: ° a. Caused by one or more"employees";and b. Involving a single act or series of related acts; is considered one occurrence. 5. We will pay only for loss or damage you sustain through acts committed or events occurring during the policy period. Regardless of the number of years this policy remains in force or the number of premiums paid, no Limit of Insurance cumulates from year to year or period to period. 6. This Additional Coverage does not apply to loss caused by an"employee"after discovery by: a. You;or ( b, Any of your partners, officers or directors, or members or"managers"not in collusion with the"employee"; of any"theft"or any other dishonest act committed by that"employee"before or after being hired,by you. 7. Extended Period To Discover Loss a. We will pay for loss that you sustained prior to the effective date of termination or cancellation of this policy,which is discovered by you no later than 1 year from the date of that termination or cancellation. b. However, this extended period to discover loss terminates immediately upon the effective date of any other insurance obtained by you replacing in whole or in'part the insurance afforded by this policy,whetheror not such other insurance provides coverage for loss sustained prior to its effective date. 8. If you discover a loss or damage during the policy period that you(or any predecessor in interest)sustained during the period of any prior insurance that you could have recovered under that insurance except that the time within which to discover loss or damage had expired,we will pay for it under this Additional Coverage,provided: a. This Additional Coverage became effective at the time of cancellation or termination of the prior insurance;and b. The loss or damage would have been covered by this Additional Coverage had it been in effect when the acts or events causing the loss or damage were committed or occurred. 9, The insurance under Paragraph 8.above is provided within,and not In addition to,the Limit of Insurance applying to this Additional Coverage and is limited to the lesser of the amount recoverable under: a. This Additional Coverage as of its effective date; or b. The prior insurance, had it remained in effect. 10. None of the exclusions in Section B.Exclusions of the CAUSES OF LOSS--SPECIAL FORM apply to Employee Theft Coverage provided under this endorsement except: a. 13.1.c.Governmental Action; b. B.1.d. Nuclear Hazard;and c. B.1.f.War And Military Action. 11, We will not pay for loss as specified below: a. Acts Committed by You or Your Partners Loss resulting from any dishonest or criminal act committed by your or any of your partners whether acting alone or _ In collusion with other persons. b. indirect Loss Loss that is an indirect result of any act or occurrence covered by this insurance including, but not limited to, loss resulting from: (1) Your inability to realize income that you would have realized had there been no loss of,or loss from damage to "money"and'securities".• (2) Payment of damages of any type for which you are legally liable: But,we will pay compensatory damages arising directly from a loss covered under this Additional Coverage, MP 97 67 11010 Includes copyrighted material of Insurance Services Office,Inc.and Page 9 of 25 American.Association of insurance Services,Inc.,with their permission • (3) Payment of costs,fees or other expenses you incur in establishing either the existence or the amount of loss under this Additional Coverage. c. Legal Expenses Expenses related to any legal action. 12. Ownership Of Property; Interests Covered The property covered under this Additional Coverage is limited to property: a; That you own or lease; b. That you hold for others;or c. For which you are legally liable, except for property inside the premises of a"client"of yours. However,this coverage is for your benefit only. It provides no rights or benefits to any other person or organization. Any claim for loss that Is covered under this coverage must be presented by you. 13, Valuation—Settlement Subject to the Limit of Insurance,we will pay for: • a. Loss of"money"but only up to and including Its face value. We may,at our option,pay for loss of"money"issued by any country other than the United States of America: (1) At'face value in the"money"issued by that country;or (2) In the United States of America dollar equivalent determined by the rate of exchange published in The Wall Street Journal on the day the loss was discovered. b. Loss of"securities' but only up to and including their value at the closeof business on the day that loss was discovered. We may,at our option: (1) Pay the value of such"securities"or replace them In kind,in which event you must assign to us all your rights, • title and Interest In and to those"securities"; (2) Pay the cost of any Lost Securities Bond required In connection with issuing duplicates of the "securities." However,we will be liable only for the payment of so much of the cost of the bond as would be charged for a • bond having a penalty not exceeding the lesser of the (a) Value of the"securities"at the close of business on the day the loss was discovered;or (b) Limit of Insurance. J. Business Income Including Extra Expense 1, Coverage • a. Business Income • Business Income means the: , (1) Net Income(Net Profit or Loss before income taxes)that would have been earned or incurred; and (2) Continuing normal operating expenses incurred, including payroll. For manufacturing risks, Net Income includes the net sales value of production. Business Income includes"Rental Value." We will pay 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 damage to property at the premises described in the Declarations,including personal property in the open(or in a vehicle)within 1,000 feet,caused by or resulting from any Covered Cause of Loss. • b. Extra Expense • Extra Expense means necessary expenses you incur during the"period of restoration"that you would not have incurred if there had been no direct physical loss or damage to property caused by or resulting from a Covered • Cause of Loss, • We will pay Extra Expense(other than the expenses to repair or replace property)to: (1) Avoid or minimize the"suspension"of business and to continue operations at the premises described in the • Declarations or at replacement premises or temporary locations, including relocation expenses and costs to equip and operate the replacement location or temporary location; • (2) Minimize the"suspension"of business if you cannot continue"operations." We will pay Extra Expense to repair or replace property, but only to the extent it reduces the amount of loss that otherwise would have been payable under this Additional Coverage, , Page 10 of 25 Includes copyrighted material or Insurance Services Office,Inc.and MP 97 67 10 10 American Association of Insurance Services,Inc.,with their permission • 2. Additional Coverages a. Alterations And New Buildings • We will payfor the actual loss of Business income you sustain and necessary Extra Expense you incur due to direct physical loss or damage at the described premises caused by or resulting from any Covered Cause of Loss to: (1) New buildings or structures,whether complete or under construction; (2) Alterations or additions to existing buildings or structures;and (3) .Machinery,equipment,supplies or building materials located on or within 1,000 feet of the described premises and: (a) Used in the construction,alterations or additions;or (b) incidental tothe occupancy of new buildings. If such direct physical loss or damage delays the start of'operations,'the"period of restoration" for Business Income Coverage will begin on the date"operations"would have begun if the direct physical loss or damage had not occurred. b. CMI Authority When a Covered Cause of Loss causes damage to property other than property at the described premises,we will pay for the actual loss of Business Income you sustain and necessary Extra Expense caused by action of civil authority that prohibits access to the described premises, provided both of the following apply: (1) Access to the area immediately surrounding the damaged property is prohibited by civil authority as a result of the damage,and the described premises are within that area but are not more than one mile from the damaged property;and '(2) The action of civil authority is taken in response to dangerous physical conditions resulting from the damage or continuation of the Covered Cause of Loss that caused the damage, or the action is taken to enable a civil authority to have unimpeded access to the damaged property. Civil Authority Coverage for Business Income will begin 72 hours after the time of the first action of civil authority that prohibits access to the described premises and will apply for a period of up to four consecutive weeks from the date on which such coverage began. Civil Authority for Extra Expense will begin immediately after the time of the first action of civil authority that prohibits access to the described premises and will end: (1) Four consecutive weeks after the date of that action;or (2)When Civil Authority for Business Income ends; � whichever is later. c. Extended Business Income: (1) Business Income Other Than"Rental Value" If the necessary"suspension" of your "operations" produces a Business Income loss payable under this additional coverage,we will pay for the actual loss of Business Income you incur during the period that: • (a) Begins on the date property (except "finished stock") is actually repaired, rebuilt or replaced and "operations"are resumed;and (b) Ends on the earlier of: (i) The date you could restore your"operations,"with reasonable speed,to the level which would generate the "business income" amount that would have existed if no direct physical loss or damage had occurred;or (ii) 30 consecutive days after the date determined in(1)(a)above. However, Extended Business Income does not apply to loss of Business Income incurred as a result of unfavorable business conditions caused by the impact of the Covered Cause of Loss in the area where the described premises are located. Loss of Business Income must be caused by direct physical loss or damage at the described premises caused by or resulting from any Covered Cause of Loss, (2) "Rental Value" if the necessary"suspension"of your"operations"produces a"Rental Value"loss payable under this additional coverage,we will pay for theactual loss of"Rental Value"you incur during the period that: • (a) Begins on the date property is actually repaired, rebuilt or replaced and'tenantability is restored;,and MP 97 67 10 10 Includes copyrighted material of Insurance Services Office,Inc.and Page 11 of 25 American Association of insurance Services,Inc.,writ their permission • (b) Ends on the earlier of: (1) The date you could restore tenant occupancy,with reasonable speed,to the level which would generate the"Rental Value"that would have existed if no direct physicafloss or damage had occurred; or • (ii) 30 consecutive days after the date determined in (2)(a)above. • However, Extended Business Income does not apply to loss of "Rental Value" incurred as a result of unfavorable business conditions caused by the impact of the Covered Cause of Loss in the area where the described premises are located. • Loss of"Rental Value"must be caused by direct physical loss or damage at the described premises caused by or resulting from any Covered Cause of Loss, 3. Limits of Insurance The most we will pay for loss under this Additional Coverage.Business Income Including Extra Expense in any one occurrence is$25,000. • Payments under the-following additional coverages will not increase the applicable Limit of Insurance: a. Alterations and New Buildings; b. Civil Authority;or c. Extended Business Income, 4, Valuation The following is added to E.7.Valuation of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM: g. The amount of Business Income loss will be determined based on: (1) The Net income of the business before the direct physical loss or damage occurred; (2) The likely Net Income of the business if no loss or damage occurred, but not including any Net Income that would likely have been earned as a result•of an increase in the volume of business due to favorable business, conditions caused by the Impact of the Covered Cause of Loss on customers or on other businesses; (3) The operating expenses,including payroll expenses,necessary to resume"operations"with the same quality of service that existed just before the direct physical loss or damage;and (4) Other relevant sources of information,including: (a) Your financial records and accounting procedures; (b) Bills,invoices and other vouchers;and (b) Deeds, liens or contracts. h. The amount of Extra Expense will be determined based on: (1) All expenses that exceed the normal operating expenses that would have been incurred by"operations"during the"period of restoration"if no direct physical loss or damage had occurred. We will deduct from the total of • such expenses: (a) The salvage value that remains of any property bought for temporary use during the"period of restoration" once"operations"are resumed; and (b) Any Extra Expense that is paid for by other insurance, except for Insurance that is written subject to the same plan,terms,conditions and provisions as this insurance;and r,(2) Necessary expenses that reduce the Business Income loss that otherwise would have been incurred. i. Loss Payment We will pay for covered loss within 30 days after we receive the sworn proof of loss,if you have complied with all of the terms of this Additional Coverage and: (1) We have reached an agreement with you on the amount of loss;or (2) An appraisal award has been made. j. Resumption of Operations We will reduce the amount of your: (1) Business Income loss,other than Extra Expense,to the extent you can resume your"operations,"in whole or in part,by using damaged or undamaged property(including merchandise or stock)at the described premises or elsewhere. • (2) Extra Expense loss to the extent you can return"operations"to normal and discontinue such Extra Expense. 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. Page 12 of 25 includes copyrighted material of Insurance Services Office,Inc.and MP 97 67 10 10 American Association of insurance Services,Inc„with their permission • 5. Limitation—'Interruption of Computer Operations • a. Coverage for Business Income does not apply when action Is taken to avoid or minimize a "suspension" of "operations"caused by destruction or corruption of electronic data,or any loss or damage to electronic data,except as provided under the Additional Coverage—Interruption Of Computer Operations. b. Coverage for Extra Expense does not apply when action is taken to avoid or minimize a"suspension"of"operations" caused by destruction or corruption of electronic data,or any loss or damage to electronic data,except as provided under the Additional Coverage--Interruption Of Computer Operations. c. 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. K. Business Income From Dependent Properties . 1. We will pay for the actual loss of Business Income you sustain due to the necessary"suspension"of your"operations" during the coverage period.The"suspension"must be caused by dirept physical loss of or damage at the premises of a dependent property caused by or resulting from a Covered Cause of Loss. However, this Additional Coverage does not apply when the only loss to dependent property is loss or damage to electronic data,inciuding destruction or corruption of electronic data. tithe dependent property sustains loss or damage to electronic data and other property,coverage under this Additional Coverage will not continue once the other property is repaired,rebuilt or replaced. Electronic data has the meaning set forth in Paragraph 5.Limitation--Interruption of Computer Operations included in Additional CoverageBusinessIncome Including Extra Expense of this form. The most we will pay under this Additional Coverage is.$10,000 in any one occurrence, 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. Business income, as it pertains to this Additional Coverage— Business income From Dependent Properties, means: a. Net income(net profit or loss before income taxes)that would have been earned or incurred if no physical loss or damage had occurred, but not including any net income that would likely have been earned as a result of an increase in the volume of business due to favorable business conditions caused by the impact of the Covered Cause of-Loss; and b. Continuing normal operating expenses incurred,including ordinary payroll. 5. Dependent property means property operated by others whom you depend on to: a, Deliver materials or services to you, or to others for your account. But services does not mean water, communication or power supply services; b. Accept your products or services; c. Manufacture your products for delivery to your customers under contract for sale; or d. Attract customers to your business. The dependent property must be located in the coverage territory of this policy, 6. The coverage period for Business Income under this Additional Coverage: a. Begins 72 hours after the time of direct physical loss or damage caused by or resulting from any Covered Cause of Loss at the premises of the dependent property;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. 7. The Business Income coverage period,as stated in Paragraph 6.,does not include any increased period required due to the enforcement of any ordinance or law that: a. Regulates the construction,use or repair,or requires the tearing down,of any property;or b. Requires any insured or others to test for,monitor,clean up,remove,contain,treat,detoxify or neutralize,or in any way respond to or assess the effects of"pollutants". The expiration date of this policy will not reduce the Business Income coverage period. MP 97 67 10 10 Includes copyrighted material of Insurance Services Office,Inc.and Page 13 of 25 American Association of insurance Services,inc.,with their permission L. Claims Expenses In the event of covered loss or physical damage we will pay up to$10,000 In any one occurrence as an additional Limit of Insurance to cover reasonable expenses incurred by you at our specific request to assist us in: 1. The investigation of a claim or suit;or 2. The determination of the amount of loss, such as taking Inventory,or auditing business records. • M. inventory Or Appraisal Cost We will pay up to$5,000 each occurrence for the cost of any inventory or appraisal required as a result of direct physical loss or damage to covered property caused by or resulting from a Covered,Cause of Loss. • N. Money And Securities 1. We will pay for loss•of"money"and"securities"used in your business caused by"theft,"disappearance or destruction. The most we will pay for loss in any one"occurrence"under this coverage is: _ a. $10,000 for"money"and"securities"while inside the"premises"or a"banking premises." b. $5,000 for"money"and"securities"while In'the care and custody of a"messenger." 2. Additional Exclusions Applicable to Money And Securities . • We will not pay for lass as specified below: a, Loss resulting from accounting or arithmetical errors or omissions; • b, Loss resulting from the giving or surrendering of property in any exchange or purchase. • • a. Loss of property contained in any money operated device unlesslthe amount of"money"deposited in it Is recorded by a continuous recording Instrument in the device. d. Loss resulting from any dishonest or criminal act committed by any of your"employees,"directors, trustees or authorized representatives: (1) Acting alone or in collusion with other persons;or (2) While performing services for you or otherwise. e. Loss of property after it has been transferred or surrendered to a'person or place outside the"premises"or"banking •• premises." - • (1) On the basis of unauthorized instructions; or (2) As a result of a threat to do: (a) Bodily harm to any person; or (b) Damage to any property. (3) But,this exclusion does not apply to loss of"money"and"securities"while outside the"premises"or"banking premises"in the care and custody of a"messenger" If you: (a) Had no knowledge of any threat at the time the conveyance began; or (b) Had knowledge of a threat at the time the conveyance began, but the loss was not related to the threat. f. Loss resulting from your,or anyone acting on your express or implied authority,being induced by any dishonest act to voluntarily part with title to or possession of any property, 3. Additional Conditions a. The reference to"money"and"securities"in Subparagraph A.2.a,Property Not Covered of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM does not apply to the coverage provided by this form. b. You must keep records of all"money"and"securities so we can verify the amount of loss or damage, O. Off Premises Power Failure—Direct Damage 1. With respect to coverage provided in this Additional Coverage—Off Premises Power Failure—Direct Damage, Exclusion B.1.e.of the CAUSES OF LOSS--SPECIAL FORM is deleted in its entirety and replaced as follows: e. Utility Services The failure of utility service(other than Power Supply Service)supplied to the described premises,however caused, if the failure occurs away from the described premises, Failure includes lack of sufficient capacity and reduction in supply. But if the failure of utility service results in a Covered Cause of Loss,we will pay for the loss or damage caused by that Covered Cause of Loss, This exclusion does not apply to the Business Income coverage or to Extra Expense coverage. Instead,the Special Exclusion in Paragraph B.4.a.(1)applies to these coverages. Page 14 of 25 Includes copyrightedmaterial of Insurance Services Office,Inc.and MP 97 67 10 10 American Association of Insurance Services,Inc„with their pormIsslon • 2. The following Additional Coverage is added: Off Premises Power Failure..-Direct Damage • a, We will pay for loss of or damage to Covered Property caused by an interruption in Power Supply Service to the described premises. The Interruption in Power Supply Service must result from direct physical loss or damage by a Covered Cause of Loss to property that Is located off the described premises. b. Coverage under this Additional Coverage does not apply to loss or damage to electronic data,including destruction or corruption of electronic data. The term electronic data has the meaning set forth in Paragraph 5.Limitation-- Interruption'of Computer Operations included in Additional Coverage--Business Income Including Extra Expense of this form. • • c. Power Supply Service means the following types of property supplying electricity,steam or gas to the described premises: (1) Utility generating plants; (2) Switching stations; (3) Substations; (4) Transformers;and (5) Transmission lines, including overhead transmission lines. d. The most we will pay for any one occurrence is$10,000. P. Ordinance Or Law Coverage Exclusion 13.1.a.Ordinance Or Law of the CAUSES OF LOSS--SPECIAL FORM is deleted and the following coverage applies: 1. Ordinance or Law Coverage applies only if the following is satisfied. a, The ordinance or law: • (1) Regulates the demolition,construction or repair of buildings,or establishes zoning or land use requirements at the described-premises; and (2) Is in force at the time of loss. But coverage under this endorsement applies only in response to the minimum requirements of the ordinance or law. Losses and costs incurred in complying with recommended actions or standards that exceed actual requirements are not covered under this endorsement. b. (1) The building sustains direct physical damage that is covered under this policy and such damage results in enforcement of the ordinance or law;or (2) The building sustains both direct physical damage that is covered under this policy and direct physical damage that is not covered under this policy, and the building damage in its entirety results in enforcement of the ordinance or law. (3) But If the building sustains direct physical damage that is not covered under this policy,and such damage is the subject of the ordinance or law,then there is no coverage under this additional coverage even if the building has also sustained covered direct physical damage, c. In the situation described in 1.b.(2)above,we will not pay the full amount of loss otherwise payable under the terms of Coverage A and/or Coverage B and C Combined of this additional coverage. Instead,we will pay a proportion of such.loss; meaning the proportion that the covered direct physical damage bears to the total direct physical damage. However,if the covered direct physical damage,alone,would have resulted in enforcement of the ordinance or law, then we will pay the full amount of loss otherwise payable under the terms of Coverages A and/or B and C Combined of this endorsement. 2. Under this coverage,we will not pay for loss due to any ordinance or law that: a. You were required to comply with before the loss, even if the building was undamaged; and • b. You failed to comply with. 3. Under this coverage,we will not pay for: a. Enforcement of any ordinance or law which requires the demolition,repair,replacement,reconstruction,remodeling or remediation of property due to contamination by"pollutants"or due to the presence,growth,proliferation,spread or any activity of"fungus,"wet or dry rot or bacteria;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 anyway respond to,or assess the effects of "pollutants,""fungus,"wet or dry rot or bacteria. MP 97 67 10 10 • Includes copyrighted material of Insurance Services Office,Inc,end Page 15 of 25 American Association of Insurance Services,Inc.,with their permission • 4. Coverage A: Coverage for Loss to the Undamaged Portion of the Building a. If a Covered Cause of Loss occurs to covered building property at the premises described in the Declarations,we will pay for the loss in value of the undamaged portion of the building as a consequence of enforcement of an ordinance or law that requires demolition of undamaged parts of the same building, b. Coverage A is included within the Limit of Insurance applicable to the covered building property at the premises described in the Declarations. Coverage A does not increase the Limit of Insurance, c. Loss will be determined as follows: (1) if the Replacement Cost Coverage Option applies and the property is repaired or replaced, on the same premises or another premises,we will not pay more than the lesser of: . (a) 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 to the same height,floor area,style and comparable quality of the original property insured;or - (b) The Limit of Insurance shown In the Declarations as applicable to the covered building property. (2) If the Replacement Cost Coverage Option applies and the property is not repaired or replaced, or if the Replacement Cost Coverage Option does not apply, we will not pay more than the lesser of: (a) The actual cash value of the building at the time of loss; or (b) The Limit of Insurance shown in the Declarations as applicable to the covered building property. 5. Coverages B: Demolition Cost and C: Increased Cost of Construction (Combined) If a Covered Cause of Loss occurs to covered building property,we will pay up to 25 percent(25%) of the Limit of Insurance applicable to building property at the premises described in the Declarations,subject to a maximum limit of $150,000,for the total of all covered losses(combined)for Demolition Cost and Increased Cost of Construction. Subject to these limits of coverage,the following conditions will apply: - a. Demolition Cost (1) With respect to the building that has sustained covered direct physical damage,we will pay the cost to demolish and-clear the site of undamaged parts of the same building;as a consequence of enforcement of an ordinance or law that requires demolition of such'undamaged property. (2) The Coinsurance Additional Condition does not apply to Demolition Cost. (3) We will not pay more than the amount you actually spend to demolish and clear the site of the premises described in the Declarations. b. Increased Cost of Construction (1) With respect to the building that has sustained covered direct physical damage,we will pay the increased cost to: (a) Repair or reconstruct damaged portions of that building property;and/or (b) Reconstruct or remodel undamaged portions of that building property,whether or not demolition is required; when the increased cost is a consequence of enforcement of the minimum requirements of the ordinance or law, However: (a) This coverage applies only if the restored or remodeled property is intended for similar occupancy as the current property, unless such occupancy is not permitted by zoning or land use ordinance or law. (b) We will not pay for increased cost of construction if the building is not repaired,reconstructed or remodeled. The Coinsurance Additional Condition does not apply to Increased Cost of Construction. (2) When covered building property is damaged or destroyed by a Covered Cause of Loss and Increased Cost of Construction applies to that property in accordance with b.(1) above, coverage for the Increased Cost of Construction also applies to repair or reconstruction of the following,subject to the same conditions stated In b'(1)' (a) The cost of excavations, grading,backfilling and filling; (b) Foundation of the building; (c) Pilings;and (d) Underground pipes,flues and drains. The items listed in(2)(a)through(2)(d)above are deleted from Property Not Covered,but only with respect to the coverage described in this provision 5.b. (3) Loss Payment will be determined as follows: Page 16 of 25 Includes copyrighted material of Insurance Services Office,Inc.and MP 97 67 10 10 American Association of Insurance Services,Inc.,with their permIssion • (a) We will not pay: (i) Until the property is actually repaired or replaced,at the same or another premises;and (ii) Unless the repairs or replacement are made as soon as reasonably possible after the loss or 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 you elect to rebuild at another premises,the most we will pay is the increased cost of construction at the same premises. Q. Outdoor Signs 1. We will pay for direct physical loss of or damage to all Outdoor Signs at the premises described in the Declarations: a. owned by you;or b. owned by others but in your care, custody or control. 2. None of the exclusions in Section B.Exclusions of the CAUSES OF LOSS—SPECIAL FORM apply to Outdoor Signs provided under this coverage except: a. B.1.c.Governmental Action; b. B.1.d.Nuclear Hazard;and c. B,1.f.War and Military Action. 3. We will not pay for loss or damage caused by or resulting from: a. wear and tear; b. hidden or latent defect; c. rust; d. corrosion;or e. mechanical breakdown. The most we will pay for loss of or damage in any one occurrence is$10,000. R. Recharging Of Fire Extinguishers We will pay for expenses you incur for the recharging of Fire Extinguishers made necessary by the fighting of a fire at the premises described in the Declarations or adjacent to such property. The most we will pay for any one occurrence is$5,000. S. Unauthorized Business Card Use We will pay for the loss of"move/'resulting from theft,forgery or unauthorized use of credit,debit or charge cards issued in the business name to you,your partners or officers, including: 1. Fund transfer cards; 2. Charge plates;and 3. Telephone cards. The most we will pay under.this Additional Coverage during each 12 month period of this policy(including any extension of less than one year), is$5,000. We will not pay for loss resulting from the use of any credit,debit or charge card if not customarily used in your business. T. Forgery Or Alteration 1. We will pay for loss resulting directly from"forgery"or alteration of checks,drafts,promissory notes,or similar written promises,orders or directions to pay a sum certain in"money'that are: (a) Made or drawn by or drawn upon you;or (b) Made or drawn by one acting as your agent; or that are purported to have been so made or drawn. ; For the purposes of this Insuring Agreement,a substitute check as defined in the Check Clearing for the 21st Century Act shall be treated the same as the original It replaced. 2. If you are sued for refusing to pay any instrument covered in Paragraph 1.above,on the basis that it has been forged or altered,and you have our written consent to defend against the suit,we will pay for any reasonable legal expenses that you incur and pay In that defense. 3, The most we will pay for any loss in any one"occurrence"including legal expenses is$10,000. U. Salespersons Samples 1. We will pay for loss of or damage to Covered Property from a Covered Cause of Loss to sample's (including their containers)of your stock in trade that are: (a) Owned by you; or MP 97 67 10 10 Includes copyrighted material of Insurance Services Office,Inc.and Page 17 of 25 American Association of Insurance Services,Inc.,with their permission (b) The property of others for which you are legally liable, But this coverage applies only while such property is: (a) In the custody of your salespersonsor authorized sales representatives; (b) In your custody,if you are an individual,while you are acting as a salesperson;or • (c) In due course of transit to or from your premises and your salespersons or authorized sales representatives. 3. Additional Exclusion Applicable to Salespersons Samples We will not pay for loss as specified below; Theft from an 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. 4. The most we will pay under this coverage is$2,500 in any one occurrence. Inland Marine Coverages The following coverages are added under 4. Additional Coverages of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM. The Additional Condition, Coinsurance,does not apply to these coverages. A. installation Coverage 1. Coverage a. We will pay for loss of or damage to the following property: (1) Materials,supplies, equipment,machinery and fixtures owned by you or in your care, custody or control, and which are to be installed by you or at your direction;and (2) Temporary structures built or assembled by you on site,including cribbing,scaffolding and construction forms. This property is covered while: (1) At any job site you do not own,lease or operate; (2) Awaiting and during installation, or awaiting acceptance by the purchaser; (3) At a"temporary storage location," But property in transit is not covered except as provided under Property Extension--Property in Transit. ; b. This Additional Coverage does not apply to; (1) An existing building or structure to which an addition,alteration, improvement or repair is being made; (2) Property stored at a permanent warehouse or storage yard that you own; (3) A plan,blueprint,design or specification;and (4), Machinery,tools,equipment,supplies or similar property that will not become a permanent part of the project. This includes contractors equipment and other tools belonging to a contractor or sub-contractor. c. We will not pay for loss or damage caused by or resulting from any of the following; (1) The cost to make good or replace faulty or defective materials or workmanship; (2) Penalties for noncompletion or non-compliance with any contract terms or conditions; (3) Testing including stand-up performance,stress,pressure,overload testing of the covered property; (4) A fault,defect,deficiency,error or omission in a plan,blueprint, design or specification; or (6) The weight of a load when it exceeds the designed capacity of any property covered under this Additional Coverage to lift, move or support the.load from any position. • 2. The following is added to E.7.Valuation of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM: f. As respects your materials,supplies,machinery,fixtures and equipment and similar property of others in your care, custody or control which will become a permanent part of your installation,fabrication or erection project,the value of covered property may be valued as follows: (1) Actual Cost to Repair,Replace or Rebuild. The value of covered property will be based on the lesser of the following accounts: (a) The actual cost to repair,replace or rebuild the covered property with materials of like kind and quality. The actual cost may include material,labor and reasonable overhead expenses;or (b) The amount you actually spend to repair, replace or rebuild the covered property. Page 18 of 25 includes copyrighted material of insurance Services Office,Inc.and MP 97 67 10 10 American Association of Insurance Services,Inc.,with their permission This valuation provision does not apply to Paragraphs(2)or(3)below, (2) Pair or Set. The value of a lost or damaged article which is part of a pair or set is based on a reasonable proportion of the value of the entire pair or set, The loss is not considered a total loss of the pair or set. (3) .Loss to Parts. The value of a lost or damaged part of an item that consists of several parts when it is complete is based on the value of only the lost or damaged part or the cost to repair or replace it. 3. Limit of insurance The most we will pay for loss or damage to property covered under this Additlonal'Coverage is$10,000 per occurrence. This is the most we will pay regardless of: a. The number of job sites you do not own, lease or operate; or b. "Temporary storage locations." 4. With respect to this coverage, Installation Coverage, Section D. Deductible of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is deleted and replaced by the following: D. Deductible We will not pay for loss or damage in any one occurrence until the amount of loss or damage exceeds$500. We will then pay the amount of loss or damage in excess of$500 up to the applicable limit of insurance. 6. Paragraph e,of C.1.Limitations of the CAUSES OF LOSS—SPECIAL FORM is replaced by the following: e, Property that is missing,where the only evidence of the loss or damage is a shortage disclosed on taking inventory, or other instances where there is no physical evidence to show what happened to the property. But,this limitation does not apply to covered property in the custody of a carrier for hire, 6. The following are added to F.Additional Conditions of the BUILDING AND PERSONAL COVERAGE FORM: 3, Carriers for Hire You may accept bills of lading or shipping receipts issued by carriers for hire that limit their liability to less than the actual cash value of the covered property. 4. Coverage provided under the Installation Coverage will end when one of the following first occurs: (1) This policy expires or Is cancelled; (2) The property covered under this Additional Coverage is accepted by the purchaser; (3) Your interest in the property covered under this Additional Coverage ceases; (4) You abandon the project to be performed by you for the purchaser,with no intention to complete it; (5) 90 days after the project to be performed by you for the purchaser is compl?ted,unless we specify a different date In writing, B. Contractors Equipment Coverage 1. Your"Small Tools"and"Small Tools"Owned by Your Employees We will pay for your"small tools"and"small tools"owned by your,employees, The most we will pay is as follows: Limit for Your"Small Tools": $5,000.(maximum limit per item$1,000) Limit for"Small Tools"Owned by Your Employees: $1,000.(maximum limit per item$250) Leased and Rented Equipment We will pay for contractors' equipment that is leased or rented from others to you, Contractors' equipment means machinery, equipment,and tools of a mobile nature that you use in your contracting, installation,erection,or moving operations or projects. The most we will pay for property leased or rented from others Is$5,000. a. Coverage applies only to covered property while: (1) At the described premises; (2) On a"client's"premises;or (3) In transit directly between the described premises and a"client's"premises and while in a motor vehicle owned, leased or operated by the named insured, b. The coverage provided by this Additional Coverage applies only to loss caused by or resulting from the following causes of loss and only if they are Covered Causes of Loss: (1) Flre: (2) Lightning; (3) Explosion; (4) Aircraft; MP 97 67 10 10 Includes copyrighted material of Insurance Services Office,Inc,and Page 19 of 25 American Association of Insurance Services,Inc.,with their permission i • (5) Vandalism and malicious mischief; or • • (6) Theft. - c. The following is added to A.2. Property Not Covered of the BUILDING AND PERSONAL PROPERTY . COVERAGE FORM: • • • r. Property while stored or operated underground In connection with any mining operations. d, The following is added to Paragraph 2.of B. Exclusions of the CAUSES OF LOSS-SPECIAL FORM: n. We will not pay for loss or damage caused by puncture,blowout and road damage to tires and tubes mounted • on vehicles. However,we do pay for puncture,blowout or road damage caused by a specified peril. • o. We will not pay for loss caused by humidity, dampness,dryness or changes in or extremes of temperature. p. We will not pay for loss caused by the weight of a load which, under the operating conditions at the time of a . loss,exceeds the registered lifting capacity of any equipment or machine. • q. We will not pay for loss due to theft or mysterious disappearance from any vehicle or attached container. We will pay for loss due to burglary when there are signs of forcible entry to a locked vehicle or-container. e. E.7.Valuation of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM Is deleted and replaced by the following: 7. Valuation - •• We will determine the value of covered property in the event of loss or damage as follows: a. At actual cash value at the time of the loss (with a deduction for depreciation) except as provided in Paragraphs b.and c.following. • b. Pair or Set. The value of a lost or damaged article which Is part of a pair or set is based on a reasonable proportion of the value of the entire pair or set. The loss is not considered a total loss of the pair or set. • c. Loss to Parts. The value of a lost or damaged part of an item that consists of several parts when it is ••• • complete is based on the value of only the lost or damaged part or the cost to repair or replace it. •• 2. Rental Reimbursement ' • In the event of loss by a covered peril to covered contractors'equipment that you own,we will reimburse you for your • expense to rent similar equipment while your equipment is inoperable, The most we will reimburse you for rental reimbursement expenses is$1,000. We will continue to reimburse you for the rental of equipment after the expiration date of this coverage provided the loss occurred before the expiration date. We will not reimburse you: a. If you can continue or resume your operations with similar equipment that is available to you at no additional expense to you;or • b. For the rental expense of any equipment unless you make every reasonable effort to repair,replace or rebuild the inoperable equipment after the covered Ioss occurs. 3. With respect to this Additional Coverage,Contractors Equipment Coverage,Section D.Deductible of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM isdeleted and replaced by the following: D. Deductible ' We will not pay for loss or damage in any one occurrence until the amount of loss or damage exceeds$500.We will then pay the amount of loss or damage in excess of$500 up to the applicable limit of insurance. We will not reimburse you for the rental of equipment until after 72 hours have passed since the covered property was rendered inoperable. After 72 hours have passed,we will only reimburse you for the rental expense that you actually incur. The deductible of$500 does not apply to rental reimbursement expenses. General Liability Additional Coverages The following Additional Coverages are added to the COMMERCIAL GENERAL LIABILITY COVERAGE FORM. A. Blanket Additional Insured Coverage 1. SECTION II—WHO IS AN INSURED of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to ,include as an insured any person or organization(referred to as Additional Insured)whom you are required to add as an Additional Insured on this policy under: , a. A written contract or agreement; and b. Where a certificate of insurance showing that person or organization as an additional insured has been issued;and Page 20 of 25 Includes copyrighted material of Insurance Services Office,Inc.and MP 97 67 10 10 American Association of Insurance Services,Inc.,with their permission c. When the written contract or agreement and certificate of insurance are currently in effect or becoming in effect during the term of the policy and executed prior to the "bodily injury," "property damage," or "personal and advertising injury." 2. The insurance provided to the Additional insured is limited as follows: a. The Additional Insured is only an additional insured for: (1) "Bodily injury,""property damage,"or"personal and advertising injury"caused in whole or in part by negligent acts or omissions of the Named Insured or anyone directly or indirectly employed by the Named Insured orfor whose acts a Named Insured maybe liable. (2) Liability arising out of your ongoing operations for the Additional insured by or for you. A person's or organization's status as an insured under this coverage ends when your operations for that insured are completed. b. The Limits of Insurance applicable to the Additional Insured are those specified in the written contract or agreement but not more than the Limits of Insurance specified in the Declarations for this po'icy.The Limits of insurance applicable to the Additional Insured are inclusive of and not in addition to the Limits of insurance shown in the Declarations for the Named Insured. _ 3. In addition to the other exclusions applicable to Section I, Coverages A.,B.and C.of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM,the insurance provided to the Additional insured does not apply to: a. "Property damage"to: (1) Property owned, used, occupied by,loaned or rented to the Additional Insured; (2) Property in the care,custody or control of the Additional Insured or overwhich the Additional Insured are for any purpose exercising physical control;or (3) "Your work"performed for the Additional Insured. • b. "Bodily injury,""property damageor"personal and advertising injury"arising out of an architect's,engineer's or • surveyor's rendering or failure to render any professional services for you,for the Additional Insured or for others, including,but not limited to: (1) The preparing,approving or failure to prepare or approve maps,drawings,opinions,reports,surveys,change orders, designs or specifications; or (2) Supervisory, inspection or engineering services. • c. "Bodily injury"or"property damage"occurring after: (1) All work,including materials,parts or equipment furnished in connection with such work,on the project(other than service,maintenance or repairs)to be performed by or on behalf of the additional insured at the site of the covered operations has been completed; or (2) That portion of"your work"out of which the Injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 4. SECTION IV--COMMERCIAL GENERAL LIABILITY CONDITIONS,Paragraph 4.Other Insurance,,is amended to add the following subparagraph: d. Additional Insured's Other Insurance As Excess Insurance To the extent required by an'insured contract,"this Insurance is primary on behalf of the Additional Insured;and any other insurance maintained by the Additional Insured is excess and not contributory with this'insurance. If the "insured contract"does not require this provision,then Paragraph a.above will apply. B. Mobile Equipment Broadened Coverage V.12.f.(1)of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM)is replaced by the following: (1) Equipment designed primarily for: (a) Snow Removal; (b) Road maintenance,but nbt construction or resurfacing; or (c) Street cleaning. Except the above provisions do not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight which are not intended for use on a highway. C. Aggregate Limit Per Project The General Aggregate Limit under SECTION Hi—LIMITS OF INSURANCE of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM applies separately to each of your projects away from premises owned by or rented to you. MP 97 67 10 10 Includes copyrighted material of Insurance Services Office,inc.and Page 21 of 25 American Association of Insurance Services,Inc.,with their permission D, Blanket Waiver Of Transfer Of Rights Of Recovery Against Others To Us The Transfer Of Rights Of Recovery Against Others To Us Condition (SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS)is amended by the addition of the following: We waive any right of recovery we may have against any person or organization to whom you by written contract or written agreement have waived your own right or recovery for loss caused by that person or organization because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a written contract or written agreement with that person or organization and Included in the"products-completed operations hazard? This provision does not apply unless the written contractor written agreement has been executed prior to the"occurrence"or offense giving rise to the"bodily injury"or"property damage." E. Voluntary Property Damage Coverage 1, We will,at your request,pay but not defend any claim for"property damage"to the property of others otherwise excluded under A.2.j.(4),(5) and(6)of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM provided that: a. Such"property damage"takes place while such property is in your care,custody or control,or is property of others over which you,for any purpose,are exercising or haveexercised physical control;and b. Such"property damage"takes place away from any premises you own, rent or lease;and c, Such"property damage"takes place within the"coverage territory"and during the policy term;and • d. Such"property damage"takes place only during your operations that are known to us,are scheduled on the policy . and for which a premium has been charged.' 2, The insurance under this additional coverage does not apply to"propertydamage"to property: . a. Held by you for servicing,repair, storage or sale at premises owned by,rented or leased to you; b. While being transported by or caused by the ownership,maintenance,operation,use,"loading or unloading"of any "auto,"watercraft or aircraft;or c. Owned or occupied by or rented to'you. • 3. Deductible This additional coverage will apply only to that amount of any loss in each"occurrence"that exceeds$500. The terms of the policy with respect to your duties in the event of"occurrence,"claim or"suit"and the Company's right to . Investigate,negotiate and settle any claim or"suit"apply irrespective of the application of the deductible amount of$500. We may pay any part or all of the deductible amount of$500 to effect settlement of any claim or"suit."Upon notification of the action taken,you must promptly reimburse us for such part of the deductible amount as has been paid by us, i 4. Limits of Liability The Limit of Liability for this additional coverage shall not exceed$2,500 for each"occurrence"and is the limit of the Company's liability for all damages on account of each claim or"suit"covered herein. The annual aggregate Limit of Liability is.$2,500 and is,subject to the above provisions respecting each claim,the total limit of the Company's liability • for all damages: 5. Settlement In the event of loss covered by this additional coverage,you shall,if requested by us,replace the property or furnish the labor and materials necessary for repairs thereto at actual cost to you,excluding prospective profit or overhead charges of any nature, Any property so paid for or replaced shall,at our option,become the property of the Company. Payment hereunder shall not constitute an admission of liability of you or, except as stated herein,of the Company: • Additional Conditions A. Insurance Under Two Or More Coverages The following is added to Paragraph C, Insurance under Two or More Coverages of the COMMERCIAL PROPERTY CONDITIONS: if a Coverage Form is attached to this policy that provides a limit for any coverage provided by this endorsement;the limit shown in the SCHEDULE and the coverage provided by this endorsement are deleted and replaced by the limit and coverage provided by the Coverage Form. • • d. Limits Of Insurance , - Regardless of the number of buildings at a location covered by this endorsement,the most we will pay under this Coverage Enhancement endorsement in any one occurrence is the applicable Limits of insurance shown in the SCHEDULE on page 1 of this endorsement. . Page 22 of 25 Includes copyrighted material of Insurance Services Office,Inc.and ( MP 97 67 10 '10 American Association of Insurance Services,Inc.,with their permission, • C. Deductibles The Deductible described in section D.of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM applies to each of the Coverage Enhancements except as shown below: We will not pay for loss or damage in any one occurrence until the amount of loss or damage exceeds$500. We will then pay the amount of loss or damage in excess of$500 up to the applicable Limit of Insurance for the following enhancements: 1. Personal Effects and Property of Others 2. Valuable Papers and Records(Other than Electronic Data) 3. Property Off-Premises(Including Laptops and Other Electronic Equipment) 4. Outdoor Property(Named Perils) 5. Accounts Receivable 6. Property in Transit(Including Laptops and Other Electronic Equipment) 7. Fine Arts 8. Electronic Data 9. Water Back-Up and Sump Overflow • 10. Employee Theft- 11. Money and Securities 12. Forgery or Alteration' No deductible provisions apply to the following enhancements: • 1. Fire Department Service Charge 2. Arson Reward 3.. Claims Expenses 4. Inventory or Appraisal Cost 5. Recharging of Fire Extinguishers_ 6. Rental Reimbursement D. Additional Definitions The following Additional Definitions apply to this endorsement only: 1. "Banking Premises"means the Interior of that portion of any building occupied by a banking institution or similar•safe ,depository. 2. "Business income"means the: a. Net income(Net Profit or Loss before income taxes)that would have been earned had no loss occurred; and b. Continuing normal operating expenses incurred,including payroll. For manufacturinvisks, Net Income includes the net sales value of production. 3. "Client" as used in Employee Theft Coverage means any entity for whom you perform services under a written agreement. - 4. "Client"as used in Contractors Equipment Coverage means an individual,company or organization with whom you have a written contract or work order for your services for a described premises and have billed for your services. 5. , "Employee"as used in Employee Theft and Money And Securities Coverages means: a. "Employee"means: r (1) Any natural person: - (a) While in your service or for 30 days after termination of service; (b) Who you compensate directly,by salary,wages or commissions; and (c) Who you have the right to direct and control while performing services for you; (2) Any natural person who is furnished temporarily to you: (a) To substitute for a permanent"employee"as defined in Paragraph(1)above,who is on leave;or (b) To meet seasonal or short-term work load conditions; while that person is subject to your direction and control and performing services for you, excluding, however, any such person while having care and custody of property outside the"premises"; MP 97 6710 10 Includes copyrighted material of Insurance Services Office,Inc,and Page 23 of 25 American Association of insurance Services,Inc.,with their permission • (3) Any natural person who Is leased to you under a written agreement between you and a labor leasing firm, to perform duties related to the conduct of your business,but does not mean a temporary employee as defined in Paragraph(2)above; ! ' (4) Any natural person who Is your director or trustee while that person is handling"money"or"securities," (5) Any natural person who is a former "employee," director, partner, member(an owner of a limited liability company represented by its membership interest,who also may serve as a manager), manager(a person serving In a directorlal,capacity for a limited liability company),representative or trustee retained as a consultant while performing services for you;or (6) Any natural person who is a guest student or intern pursuing studies orduties,excluding,-however,any such person while having care and custody of"money"or"securities"outside the"premises." b. "Employee"does not mean: • (1) Any agent,broker,factdi,commission merchant, consignee,independent contractor or representative of the . same general character;or . (2) Any manager(a person serving in a directorial capacity for a limited liability company),director or trustee except while performing acts coming within the scope of the usual duties of an"employee." . 6. "Extra Expense"means necessary expenses you incur during the"period of restoration"that you would not have incurred if there had been no direct physical loss or damage to property caused by or resillting from a Covered Cause of Loss. Coverage pertains to expenses(other than the expense to repair or replace property)which are incurred to a, Avoid or minimize the"suspension" of business and to continue "operations" at the described premises or at . replacement premises or temporary locations, Including relocation expenses and costs to equip and operate the . replacement location or temporary location. b. Minimize the"suspension"of business if you cannot continue"operations." . 7. "Fine Arts" means paintings, etchings, pictures, tapestries, art glass windows, valuable rugs, statuary, marbles, bronzes, antique furniture, rare books, antique silver, manuscripts, porcelains, rare glass, bric—a—brac, and similar . property of rarity, historical value or artistic merit. • 8, "Finished Stock"means stock you have manufactured. Finished stock also includes whiskey and alcoholic products being aged. 9. "Forgery"means the signing of the name of another person or organization with intent to deceive;it does not mean a signature which consists in whole or in part of one's own name signed with or without authority,In any capacity,for any purpose. 10. "Loss"as used in the Accounts Receivable Extension means accidental loss or damage. 11. "Manager"as used in Employee Theft Coverage means a person serving in a directorial capacity for a limited liability company. - 12. "Messenger"means you,any of your partners or any employee while having care and custody of the property outside the"premises." 13. "Money" means: a. Currency,coins and bank notes whether or not in current use;and b. Travelers checks,register checks and money orders held for sale to the public. 14. "Occurrence"as used in the Money And Securities Coverage means an act or series of related acts involving one or more persons;or an act or event,or a series of related acts or events not involving any person. 15. "Occurrence"as used in the Forgery Or Alteration Coverage means all loss caused by any person or in which that person is involved,whether the loss involves one or more instruments. 16. "Operations"as used in the Business income Including Extra Expense and Business Income From Dependent Properties Coverages"Extra Expense"Definition means your business activities occurring at the address shown in the Declaration that you occupy for your business. 17. "Period of Restoration"means the period of time that: - a. Begins with the date of direct physical loss or damage caused by or resulting from any Covered Cause of Loss at the described premises;and b. Ends on the date when the property at the described premises should be repaired, rebuilt or replaced with reasonable speed and similar quality. "Period of Restoration"does not include any increased period required due to the enforcement of any ordinance of law that: (1) Regulates the construction, use or repair,or requires the tearing down of any property; or Page 24 of 25 Includes copyrighted material of Insurance Services Office,Inc.and MP 97 67 10 10 American Association of Insurance Services,Inc.,with their permission • (2) Requires any insured or others to test for,monitor,clean up,remove,contain,treat,detoxify or neutralize,or in anyway respond to,or assess the effects of"pollutants." 18. "Pollutants" as used in the Business income From Dependent Properties Coverage and the "Period of Restoration"Definition 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, "Premises"as used in the Money And Securities Coverage and"Employee"and"Messenger"Definitions means the interior of that portion of any building you occupy in conducting your business. 20. "Premises"as used in the Accounts Receivable Extension means that interior of the building at the address shown in the Declarations that you occupy for your business. - 21. "Rental Value"means the: a. Total anticipated rental income from tenant occupancy of the premises described In the Declarations as furnished and equipped by you,and b. Amount of all charges which are the legal obligation of the tenant(s)and which would otherwise be your obligations, and G. Fair rental value of any portion of the described premises which is occupied by you. 22. "Securities" means negotiable and non-negotiable Instruments or contracts representing either "money" or other property and include: a, Tokens, tickets, revenue and other stamps whether or not in current use; and b. Evidences of debt issued in connection with credit or charge cards,which are not of your own issue but does not include"money." 23. "Small Tools"means any tool which can be moved easily by one person without mechanical assistance and/or can be hand held for the purpose of doing labor. 24. "Suspension"means the slowdown or cessation of your business activities. 25. "Temporary Storage Location"means a location where property that is to become a permanent part of a completed project is stored while waiting to be delivered to the job site: a. That you do not own, lease or operate;and b. Where work is in progress,or will begin in 30 days. 26. "Theft"as used in the Employee Theft and Money And Securities Coverages means the unlawful taking of"money" or"securities"to the deprivation of the insured. • All Other Conditions of this Policy apply. MP 97 6710 10 Includes copyrighted material of Insurance Services Office,Inc.and Page 25 of 25 American Association of Insurance Services,Inc.,with their permission _ COMMERCIAL GENERAL LIABILITY GC 10 25 07 09 / THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 1T-CAREFULLY, , OREGON BLANKET ADDITIONAL INSURED -- COMPLETED OPERATIONS . This endorsement modifies insurance provided under the following: • COMMERCIAL GENERAL LIABILITY COVERAGE PART •• • A. Section II—Who Is An Insured is amended to include as an additional insured any person or organization : for whom you are performing operations when you and such person or organization have agreed in writing in • - a contract or agreement that such person or organization be added as an additional insured for completed • , operations. Such person or organization is,an additional insured only to the extent that the liability,for"bodily • injury" or "property damage" is caused, in whole or in part, by "your work" performed for that additional • • insured and included in the"products-completed operations hazard." • • B. With respect to the insurance afforded to these additional Insureds,the following limitations apply: •• 1. This additional insured status is granted only at the locations listed In the written contract, 2. Coverage is limited to"your work"that is described in the classifications or schedule of hazards shown in the General Liability Declarations of this policy. C. With respect to the insurance afforded to these additional insureds,the following exclusion applies: This insurance does not apply to: •• "Bodily injury"or"property damage"which occurs prior to the execution of the written contract or the effective date of this endorsement. • 1 1 • I 1_ • 1 j • I GC 10 25 07 09 Includes copyrighted material of , Page 1 of 1 ❑ Insurance Services Office,Inc.,with its permission ' I I i • COMMERCIAL AUTO BA 20 60 0411 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL. AUTO COVERAGE FORM ENHANCEMENT ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM _ With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. SECTION Il--LIABILITY COVERAGE,A.1.Who Is An Insured, is amended by the addition of the following: 1. Broadened Named Insured Any organization you newly acquire or form, other than a partnership,joint venture or limited liability com- pany, and over which you maintain ownership or majority interest, and there is no other similar insurance available to that organization. However, insurance provided'by this provision: a. Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period,whichever is earlier; b. Does not apply to"bodily injury" or"property damage" resulting from an "accident" that occurred be- fore you acquired or formed the organization; c. Does not apply to an insured under any other automobile liability policy, or would be an insured under such a policy but for the exhaustion of such policy's limits of insurance or the termination of such poli- cy; and d. No newly acquired or formed organization is an insured with respect to any current or past partner- ship, joint venture or limited liability company that is not shown as a Named Insured in the Declara- tions. 2. Blanket Additional Insured Any person or organization with respect to the operation, maintenance, or use, of a covered"auto" that ti • you are required to include as additional insured on the Coverage Form in a written agreement or written "insured contract" that is signed and executed by you before the"bodily injury" or"property damage" oc- curs. However,such person or organization is an Insured: a. Only for"bodily Injury" or"property damage"caused-by an "accident"which takes place after you ex- ecuted the written agreement or written"Insured contract"; b. Is in effect during the policy period;and c. Only for damages to which this Insurance applies and only to the extent that person or organization qualifies as an"insured"under the Who Is An Insured provision contained In Section II. B. Employee Hired Autos 1. SECTION II -- LIABILITY COVERAGE, A.1.Who Is An Insured, is amended by the addition of the fol- lowing: An "employee" of yours is an "insured" while operating an "auto" hiredor rented under a contract or agreement in that"employee's" name, with your permission, while performing duties related to the con- duct of your business. 2. Under SECTION lV--BUSINESS AUTO CONDITIONS, B.5., Other Insurance, Paragraph b.is deleted , and replaced with the following: b. For Hired Auto Physical Damage Coverage,the following are deemed to be covered "autos"you own: (1) Any covered"auto"you lease, hire, rent or borrow; and BA 20 60 04 11 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 4 with its permission (2) Any covered "auto" hired or rented by your"employee" under a contract In that individual "em- ployee's"name, with your permission,while performing duties related to the conduct of your busi- ness. • However, any"auto"that Is leased, hired, rented or borrowed with a driver is not a covered"auto". If Employee Hired Autos Coverage Form CA 20 54 is attached to this policy, then the Employee Hired Autos . coverage described above does not apply. • C. Supplementary Payments Under SECTION iI —, LIABILITY COVERAGE, A.2., Coverage Extensions, a. Supplementary Payments, Paragraphs a.(2)and a.(4)are deleted and replaced by the following: (2) Up to$2,500 for cost of bail bonds (Including bonds for related traffic law violations) required because of an"accident"we cover. We do not have to furnish these bonds. •• (4) All reasonable expenses incurred by the"insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. D. Transportation Expenses • Under SECTION III .. PHYSICAL DAMAGE COVERAGE, A.4., Coverage Extensions, a. Transportation Expenses is deleted in its entirety and replaced with the following: a. Transportation Expenses We will pay up to$50 per day to a maximum of-$1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered"autos"for which you carry either Comprehensive or Specified Causes Of Loss Coverage, including Theft Coverage. We will pay for temporarytransportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration,when the covered"au- to"is returned to use or we pay for its"loss". E. Loss Of Use Expenses Under SECTION 111-- PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, the last • paragraph under b. Loss Of Use Expenses is replaced as follows: • However,the most we will pay for any expenses for loss of use is$65 per day,to a maximum of$1,000. F. Theft Expense • Under SECTION iII—PHYSICAL DAMAGE COVERAGE, A.4., Coverage Extensions, the following is add- ed: If Comprehensive Coverage is purchased on a covered"auto", and that covered "auto" is stolen, we will pay the expense of returning that stolen auto to you. The limit for this coverage extension is$1,000. G. Rental Agency Expense - Under SECTION Ill--PHYSICAL DAMAGE COVERAGE, A.4.,Coverage Extensions,the following is add- ed: We will pay the following expenses that you or any or your"employees"are legally obligated to pay because of a written contract or written agreement entered into for use of a rental vehicle in the conduct of your busi- ness: Maximum amount we will pay for any one written contract or written agreement: • 1. $2,500 for loss of income incurred by the rental agency during the period of time that vehicle is out of use due as a result of actual damage to,or"loss"of, that vehicle,including Income lost due to absence of that vehicle for use as a replacement; 2. $2,500 for decrease in trade-in value of the rental vehicle because of actual damage to that vehicle aris- ing out of a covered"loss": and - 3. $2,500 for administrative expenses incurred by the rental agency, as stated in the written contract or writ- ten agreement. • 4. Maximum total amount payable under Paragraphs 1.,2.and 3.combined is$7,500. H. Hired Auto Physical Damage Under SECTION III — PHYSICAL DAMAGE COVERAGE, A.4., Coverage Extensions, the following is added: i Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., BA 20 60 04 11 with its permission i • If hired"autos"are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes Of Loss, or Collision Coverage as provided under this Coverage Part, then coverage is extended to "autos" you hire without a driver, subject to the following: 1. The most we will pay for"loss"to any hired"auto" is$35,000 or the actual cash value or cost to repair or replace,whichever is less, minus a deductible. 2. The deductible will be equal to the largest deductible applicable to any owned"auto"for that coverage. Coverage provided by this extension applies only to "autos" you hire of the private passenger type or light truck(gross vehicles weight 10,000 pounds or less)type vehicles. If a limit for.Hired Auto—Physical Damage is shown In the Declarations, then that limit replaces, and Is not added to,the$35,000 limit indicated above. I. Airbag Coverage Under SECTION III — PHYSICAL DAMAGE COVERAGE,13. Exclusions, Paragraph 3.a. is replaced as fol- lows: a, Wear and tear, freezing, mechanical or electrical breakdown. However, mechanical or electrical break- down does not apply to the unintended discharge of an airbag. Any loss covered under this provision is excess over any other collectible insurance or warranty. J. Glass Breakage Under SECTION'l]I—PHYSICAL DAMAGE COVERAGE,D., Deductible,the following is added: However, if Comprehensive or Specified Causes Of Loss Coverage is purchased on.a covered "auto", any deductible shown In the Declarations as applying to the covered "auto"will not apply to glass breakage if the damaged glass is repaired in a manner acceptable to us rather than replaced. K. Rental Reimbursement ` SECTION III—PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: If Physical Damage Coverage for which a premium is shown, is designated in the Declarations for a covered "auto"we will provide Rental Reimbursement Coverage. 1. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss"to a covered"auto". Payment applies in addition to the otherwise applicable amount of each cover- age you have on a covered"auto". No deductible applies to this coverage. 2. We will pay only for those expenses incurred during the policy period beginning 24 hours after the"loss" and ending, regardless of the policy's expiration,with the lesser of the following number of days: a. 30 days; or b. The number of days reasonably required to repair or replace the covered"auto". If"loss' is caused by theft, this number of days Is added to the number of days it takes to locate the covered"auto"and re- turn it to you.- 3. Our payment is limited to the lesser of the following amounts: a. $40 any one day;or b. ,Necessary and actual expenses incurred. 4. This coverage does not apply while there are'spare or reserve "autos" available to you for your opera- tions. 5. If"loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under Paragraph A.4.Coverage Extensions, a.Transportation Expenses. If Rental Reimbursement Coverage Form CA 99 23 is attached to this policy, then the Rental Reimbursement Coverage described above does not apply. L. Blanket Waiver of Subrogation Under SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, Paragraph 5,, Transfer Of Rights'Of Recovery Against Others To Us,is amended by the addition of the following: We will, however, waive any right of recovery we may have against any person or organization because of payments we make for"bodily injury" or"property damage" arising out of the operation of a covered "auto" when you have assumed liability for such"bodily Injury"or"property damage"under an"insured contract". BA 20 60 0411 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 4 with its permission • This provision does not apply unless the permit has been issued or the written contract or written agreement has been executed, prior to the"bodily injury"or"properly damage". • NI. Unintentional Failure To Disclose Hazards • Under SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, Paragraph 2. Conceal • - ment,Misrepresentation Or Fraud, is amended by the addition of the following: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. N. Duties In The Event Of Accident,Claim,Suit Or Loss .• Under SECTION IV—BUSINESS AUTO CONDITIONS, A,2. Duties In The Event Of Accident, Claim,Suit Or Loss,Paragraph 2.a., is deleted and replaced with the following: a. In the event of"accident", claim, "suit"or"loss",you must give us or our authorized representative prompt notice of the"accident"or"loss"after it becomes known to: (1) You, if you are an individual; (2) A partner or member, if you are a partnership or joint venture; (3) A member or manager, if you are a limited liability company;or (4) An executive officer or insurance manager if you are an organization other than a partnership, joint venture or limited liability company. Notice should include the following: (1) How,when and where the"accident"or"loss"occurred; (2) The"insured's"name and address; and (3) To the extent possible,the names and addresses of any injured persons and witnesses. Your"employees" may know of an "accident", claim, "suit" or"loss". This will not mean that you have such knowledge of an"accident", claim, "suit"or"loss". i r Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., BA 20 60 0411 with its permission tcI • COMMERCIAL AUTO BA 30 02 06 18 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. • PRIMARY AND NONCONTRIBUTORY--OTHER INSURANCE CONDITION—BLANKET This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance General Condition in the Business Auto and Garage Coverage Forms and the Other Insurance— Primary And Excess Insurance Provisions in the Motor Carrier and Truckers Coverage Forms and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contributioh from any other insurance available to an"insured"under your policy provided,that: 1. Such"insured"is a Named Insured under such other insurance;and 2., You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such"insured"., • BA 30 02 06 18 includes copyrighted material of Insurance Services Office,Inc., Page 1 of 1 with its permission , www,saif.com p r Work. sal Life, Oregon. Carrier no: 20001. Endorsement no: WC000313 (Ed, 430B) SAIF policy: 738638 Quality Fence Co Waiver of Our Right to Recover from Others Endorsement We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule, This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. • Schedule Description: ALL OPERATIONS • Contractor name: Persons and/or organizations with whom.the insured-employer is required by • written contract to waive subrogation rights. This endorsement does not alter the rights of an injured worker to pursue recovery from another party or SAIF to receive a statutory share of recoveries by an Injured worker, even from the party listed in the • schedule. • The premium charge for this endorsement is based on one (1) percent of your manual premium. Effective date: October 01, 2022 • This endorsement changes the policy to which it is attached and is effective on the date Issued unless otherwise stated. Countersigned September 28, 2022 at Salem, Oregon C/(-- t— 7 �1 WC000313 Chip Terhune (Ed. 430B) President and Chief Executive Officer • 400 High Street SE Salem,0R 97312 P:800.285.8525 F:503,373.8020 Pot PCLE43013 -